1. INTRODUCTION

This document establishes the conditions that determine the use of the web page Mafipro.pt and the purchase of the products on this website. Please read carefully our Conditions, our Cookie Policies and our Privacy Policy before using this page. By using or placing an order through this website, the customer is aware that he must comply with these conditions and our privacy policies. Therefore, if you do not agree to all our conditions and privacy policies, you should not use this site. These conditions can be changed, and it is your responsibility to read them periodically, since the conditions in force at the time of use of the website or celebration of the contract (as defined below) are the ones that will apply. If you have questions regarding our privacy conditions or policies, please contact us through our Contacts page.


2. OUR DATA

This web page is executed under the name MAFIPRO by MAFIPRO, Lda., A commercial company with limited liability, headquartered at Rua da Fonte, No. 119, 3070-307 Mira, registered under number 514 174 706, which is also the corporate identity number, with a share capital of € 5,000.00 (five thousand euros).


3. YOUR DATA AND VISITS TO THIS WEBPAGE

The information or data provided by the customer is treated in accordance with the provisions of our Privacy Policy. By using this web page, the client consents to the treatment of said information and data and declares that all the information or data that may be provided to us is true and corresponds to the reality.


4. USING OUR WEBSITE

By using our website and/or placing orders through it, the costumer compromises to:

4.1.

Using this web page only to perform legally valid consultations or orders.

4.2.

Not performing any false or fraudulent orders. If, rationally, we can consider that an order of this kind has been executed, we are authorized to cancel it and inform the qualified authorities.

4.3.

Provide us your e-mail address, postal address and/or other contact details, in a true and accurate way. You also consent the treatment of this information by our company (consult our Privacy Policy if needed). If you don’t provide us with all the necessary information, we will not be able to pursue the order. By placing an order through this website, you claim to be over 18 years of age and have legal capacity to celebrate contracts.


5. SERVICE AVAILABILITY

The articles presented on this website are only available for delivery within the Member States. For more information please consult our Delivery & Returns page.


6. CONTRACT CELEBRATION

To place an order, you must follow the online purchase procedure and click PAY. You will receive an email confirming the reception of your order and later a shipping confirmation email.


7. PRODUCT AVAILABILITY

All product orders are subject to stock availability. For this reason, if there is any difficulty regarding the products supply or if there are no items in stock, our team will immediately inform you of the unavailability and reimburse any amount you may have paid within 30 days.


8. DELIVERY

Without prejudice to the provisions of the previous clause regarding the availability of the products and, unless there are extraordinary circumstances, we will send your order as soon as we get the payment confirmation and according to the stated dates on the Delivery Confirmation. If it hasn’t been specified a delivery date, your order will arrive within 30 days from the date of the Order Confirmation. However, delays may occur for any of the following reasons:

• Personalized products;

• Specialized articles;

• Unforeseen circumstances;

• Problems in the delivery area.

If we are unable to comply with the delivery date for reasons beyond our responsibility, we will inform you of this scenario and give you the option to continue with your purchase, establish a new delivery date, or cancel the order with a refund of the paid amount, without prejudice to all other rights which may be accorded under the applicable legislation. In either case, we do not deliver on Saturdays or Sundays. According to these conditions, the delivery process is considered complete when the client or a third party indicated by him is physically in possession of the products, which will be proven by the signature on the receipt of delivery at the indicated address.


9. DELIVERY IMPOSSIBILITY

In case we can’t deliver your order, we will leave a note indicating it’s location and what procedure you must follow to have it delivered again. If you are not home by the time the carrier tries to deliver your order, it may be received by an authorized person who must present his/her identification document, be over 18 years of age and be able to sign the proof of delivery.

If this does not occur, we will make two more delivery attempts and, in case of failure, the product will be returned to the Distribution Centre. Please note that, in case the product is not delivered within the stipulated deadline, you may be charged with the costs related to the product’s storage and delivery attempts.


10. RISKS AND PRODUCT PROPERTY TRANSFER

The product risks are the costumer’s responsibility from the moment of delivery on. The costumer acquires the ownership of the products as soon as we receive the full payment of the due amounts, including the shipping costs.


11. PRICE AND PAYMENT

The price of each product is the one stipulated at the time of purchase on our website, except in case of obvious error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products that you ordered, we will inform you as soon as possible and we will give you the option to confirm the order again with the correct price or to cancel it. If we can’t get in touch with the customer, the order will be cancelled, and you will be refunded with the full paid amount. We are not obligated to provide you with any product at the wrong lower price (even if we have sent the Shipment Confirmation) if the price error is obvious and unequivocal and if it could reasonably have been recognized by the customer as an incorrect price. The prices on this web page include VAT but do not include the shipping costs, which will be added to the total amount in the finalisation of the purchase, as shown in our Shipping Simulation.

Prices can be changed at any time (except as stated above), possible changes don’t affect orders for which we have already sent the Order Confirmation. Once you have made your product selection, all the items you want will be added to your shopping cart and the next steps are the completion of the purchase process, which include filling in or verifying the information in each step. As so, you can change the details of your purchase and delivery before payment. The user has a detailed description of the purchase process in the Order History, available in the User’s area. You may pay your order through Bank Transfer, MB Way, Credit and Debit Card or Paypal. To reduce the risk of unauthorized access, your credit card data will be encrypted.

Your order will be shipped after we receive the payment confirmation. Credit cards are submitted to checks and authorizations by the related entities, if the payment is denied, we are not responsible for any delays or non-delivery as we will not be able to formalize any contract with the costumer.


12. WARRANTY

Products purchased at Mafipro.pt are covered by a warranty of i) 2 years for final consumers ii) 1 year for professionals, as long as the product is presented under “normal” usage conditions.

“Final Consumer” refers to all those who use Mafipro products for non-professional use (henceforth referred to as the ‘consumer’).

This warranty is valid for consumer(s) who lawfully acquire the ownership of the product(s). Consumers who rent or get the product by any type of lease should contact the rental or leasing company to determine the respective terms and conditions.

Note that this warranty is voluntary, given by the manufacturer and establishes rights for the consumer in addition to the rights given by the applicable national laws relating to the sale of goods including those included in Decree-Law No. 67/2003, of April 8th, in the version in force at that date (which is not affected by this voluntary warranty).

12.1 Warranty Period

Mafipro guarantees that the product is free from material and manufacturing defects for a period of 2 years from the date of purchase and delivery. A claim under this warranty does not affect the remaining warranty period, unless otherwise provided by applicable national laws.

For more information on how to obtain repairing service, please contact us.

12.2 How to Complain

In the event that the exercise of rights granted under this warranty is necessary, the consumer must inform our team through our contacts or from the costumer area in the Returns field and follow the instructions and recommendations provided.

Complaints under this warranty are only valid upon presentation of the proof of purchase by the original consumer, which may consist of the invoice, the original receipt or any other proof of purchase valid under the applicable national law, as long as it contains the date of purchase, name of the seller and product number or model name.

12.3 Warranty covered repairs

Repairs carried out under this warranty must be carried out only by Mafipro. There will be no refund or warranty for repairs performed by unauthorized third parties. The warranty is not valid for repairs or damages directly caused by such interference when they have impact on the defect that is the object of the claim.

12.4 Service Costs

If the product is within the warranty, the service of collection/delivery has no cost to the costumer, provided it is made from a carrier indicated by us.

In the event of an intervention outside the scope of the warranty, in which we detect a cause of exclusion after inspection of the corresponding item, our team will contact the consumer and send the estimated budget of repair. The costumer must respond within 5 working days, by the same method.

If the costumer doesn’t respond within 5 working days or if the budget is not accepted, we will charge a budgeting cost of 15 euros.

12.5 Deadline

The period that elapses from the day the equipment is picked up by the carrier (indicated by us) until it is returned to the shipping address is 30 days, we will, however, make every effort so it doesn’t take more than 5 working days, constrained to availability of human resources and spare parts needed.

12.6 Exclusions

Mafipro reserves the right to verify all products shipped for repairs under warranty. The products are excluded from the scope of the warranty when they present one or more of the following defects:

• Deterioration for regular use

• Accidental or intentional cuts or tears

• Abuse or misuse including but not limited to non-compliance with the duty to use the product for its normal purposes or in accordance with Mafipro’s instructions of use and maintenance

• Damage caused by alterations to the product

• Intentional damages


13. VALUE-ADDED TAX

All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) in force by the time of purchase.


14. EXCHANGE POLICY

14.1 Right of free contract termination

According to the applicable rules, if you are contracting as a consumer, the costumer has the legal to cancel the contract up to 14 days after its conclusion, without presenting any reason, as long as the respective product is delivered under the same conditions in which it was sent. The free resolution period expires after 14 days from the day the costumer (or a third party – other than the deliverer- indicated by you) receives the order. To exercise the right of free resolution of the contract, the costumer must contact our team. In order to comply with the deadline for the free termination of the contract, the costumer must simply send us a communication stating the intention of withdrawal before the date of the resolution period expires.

Effects of Contract Cancellation:

If the customer cancels the Contract, the amount paid for the products will be refunded, including delivery costs at the original delivery location (with the exception of the additional costs incurred by the customer if the goods are not returned by any of the methods free of charge referred to in Clause 15.3 and following) without undue delay and provided that it does not exceed the period of 14 days. We will refund by bank transfer. In any case, the customer will not pay any fee resulting from said refund. Notwithstanding the foregoing, we may retain the refund until we receive the products back, or until the customer demonstrates evidence that he returned them. The customer can send the returned items with the printing of the simplified invoice attached in the Delivery Confirmation.

The deadline is fulfilled if the customer returns the products before the expiration of the 14 days period. Unless the customer returns the goods through a carrier determined by us, the customer must bear the cost of return.

14.2 Contractual right to return products

In addition to the legally recognized right of free termination of the contract by consumers mentioned in clause 14.1 above, we grant the customer a period of 30 days from the date of confirmation of the shipment of the products to make the return of the products (except those mentioned in the next clause, in which the right to return the products is excluded). The customer will be responsible for the direct costs of returning the product if he does not return the product at a location indicated by us or does not return the products by a carrier determined by us. The Customer may exercise its right to return the products in accordance with the terms set forth in clause 14.1 above for the exercise of the right of free termination of the contract. However, the customer must inform us of their intention to return the products and deliver them within 30 days from the confirmation of the shipment.

14.3 Conditions for the exercise of the contractual right to return products

The customer does not have the contractual right to return the products, provided in clause 14.2 for the following products: i. Custom items, ii. Sealed products that are not returnable and have been opened after delivery. The contractual right to return the products must apply exclusively to products that can be returned under the same conditions the customer received them. No refund will be made if the product has been used other than simply opening the package or if it has been damaged; therefore, the customer should be careful with the products while they are in their possession. Please return the item by using or including the original packaging. It should also include all instructions, labels, documents and packaging of the products. In any case, you must return the filled in receipt received at the time of delivery of the product, herewith the product to be returned. At the time of return, the respective products must be returned as indicated.

Returns by Carrier:

When returning the product (s) by a carrier determined by us, you should contact us through our web form or by calling +351 231 451 218 or other contact stated on our Contacts page, so that the product is returned to the place of original delivery. You should ship the product in the same packaging with the simplified invoice attached to the email with the shipping confirmation. Neither of the above options will incur any additional cost. If you do not want to return the products through the free options available, you will be responsible for the return costs. Please note that if you decide to return the items to us by collection, we will be allowed to charge you any expenses we may incur. After examining the article, we will let you know if you are entitled to a refund of the amounts paid. Delivery costs will be refunded when the contractual right to return the products is exercised within the contractually defined period and all products concerned are returned. The return will be made as soon as possible and, in any case, in 14 days from the date the customer has informed us of their intention to return the products.

Notwithstanding the foregoing, we may withhold the return until we receive the goods back or until the customer demonstrates evidence that he shipped the products. The return will always be made by bank transfer. If you have any questions, please contact us through our Contacts page. Nonetheless the limitations to the contractual right to return the products, provided for in clause 14.2, this clause should not apply to the exercise of the right of free termination of the contract legally attributed to the consumer, in particular as regards the limitation of the faculties of inspection and manipulation of goods.

14.4 Defected Products

In cases where you consider that the product does not comply with the provisions of the contract, you should contact us through our contact form, indicating the details of the product as well as the damages suffered, or inform us through our Contacts page, within a period of two months in accordance with article 5, No. 2, DL no. 67/2003, of April 8th.

You may return the product at a location indicated by us or deliver it to a pre-selected carrier, and the corresponding amount will be refunded after verification of the merchandise. As legally established, you may also choose to substitute the product, or to have an appropriate reduction of the price. Reimbursement of the price, replacement of the product, or appropriate reduction of the price paid for the item must occur as soon as possible and in any case within 30 days. Amounts paid for products returned for any damages or defects will be reimbursed in full, including delivery costs incurred in sending the item and the costs of returning them. The return must be made by bank transfer. All rights recognized by the law in force shall be safeguarded.

14.5 Size Exchange

If the item purchased by the customer does not match the appropriate size, the customer has the possibility to request the change of size, without having to pay any additional service of delivery of the new article, provided that it returns the original article. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal and contractual point of view. You can order the size change through our available Returns area in your customer area. You should select the new size of your article and ensure that it is the same article. Once the size change is requested and the return method is selected, you must deliver the original item to a location indicated by us, through a carrier of our choice. The original article will have to be returned without any delay, and never after 14 days since the size change request. None of the return method options will incur an additional cost. After the process to change the size, we will send the new order with the article in the requested size as soon as possible and never beyond the maximum period of 30 days. Please note that if after 14 calendar days from the date of the change of size request, you have not delivered the original article, we reserve the right to charge you the costs corresponding to the new order generated, as provided in these terms and conditions.

14.6 Variations that should not be considered defects

We select only the highest quality products, but the features are inevitable and should be accepted as part of the individual product appearance.

14.7 Right of withdrawal and return of orders from abroad

If you have ordered articles from another EU Member State outside Portugal through this website, clauses 14.1, 14.2, 14.3 and 14.5 apply with the restriction that the transport determined by us, can only be made to the address of original delivery within Portugal. We further inform that we are under no circumstances (with the exception of clause 14.4 to which this clause 14.7 does not apply) required to pay shipping costs to addresses other than the original shipping address, nor the costs of returning to destinations outside of Portugal. The provisions in this clause should not affect your consumer and user rights, nor your right to terminate the contract.


15. INTELLECTUAL PROPERTY

The customer acknowledges and agrees that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the Website are at any time ours or from whom we have been granted the license to their use. The customer may only use such material in the manner expressly authorized by us or by the person who granted us the license to use it. This does not prevent you from using this web page to copy the information relating to your order or contract data as necessary.


16. VIRUSES, PIRACYS AND OTHER COMPUTER ATTACKS

You should not misuse this web page by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or deleterious material. You must not gain unauthorized access to this web page, to the server on which this page is located, or to any server, computer or database related to our website. You compromise not to attack this web page through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause may imply the practice of infractions typified by the applicable legislation. We will inform the competent authorities of any breach of said legislation and cooperate with those to discover the identity of the attacker. In the event of non-compliance with this clause, you will also not be authorized to use this web page. We will not be liable for any data or losses resulting from a denial of service attack, virus or any other technologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of the use of this web page or the downloading of contents of the same or the contents to which it redirects.


17. CONNECTIONS THROUGH OUR WEBSITE

If our website contains links to other pages and materials of third parties, these links are provided for information purposes only, without us having any control over the content of those pages or materials. Therefore, we will not take any responsibility for damages or losses due to its use.


18. WRITEN COMMUNICATION

Applicable law requires that part of the information or notices we send is in writing. By using this web page, the client accepts that most of the notifications with us are electronic. We will contact the customer by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and recognizes that all contracts, notifications, information and others sent by electronic means satisfy the legal requirement that such notifications are made in writing. This condition will not affect the rights recognized by law.


19. NOTIFICATIONS

Customer notifications should preferably be sent via email available on our contact page. In accordance with the provisions of the previous Clause and unless otherwise stated, we will send you notices by email or the postal address provided when placing your order. Notices shall be deemed to have been received and properly made by the moment the customer enters our website, 24 hours after sending an electronic mail or three days after the date of franchise of any simple register letter. In order to prove that the notification was made, it suffices to prove, in the case of a letter with simple registration, that the address was correct, that it was properly sealed and that it was properly delivered in the post office or in a mailbox and, in the case of an e-mail, that it was sent to the address specified by the recipient.


20. TRANSFER OF RIGHTS AND OBLIGATIONS

The commitment of the contract is valid for you and us, as well as our respective successors, persons who have benefited from transfers made by us and heirs. You may not transmit, waive, attach, or otherwise transfer a contract or any rights or obligations arising therefrom without our prior written consent. We may transmit, waive, attach to subcontract or otherwise transfer a contract or any rights or obligations arising therefrom at any time during the term of the agreement. All other transmissions of our contractual position, rights or obligations under this agreement will also be subject to your prior consent. In order to avoid any doubt, such transmissions, assignments, embargoes or other transfers should not affect the rights that, as applicable, hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and tacit guarantees that we might have given to you.


21. REASONS OF FORCE MAJEURE

We will not be liable for any breach or delay of any of our obligations under a Contract if it is due to events beyond our control (Force Majeure). The concept of Force Majeure shall include any act, event, fault in the exercise, omission or accident that is beyond our control, including, but not limited to, the following:

• General strike, or other forms of protest that significantly affect the country;

• Disruption of public order, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war;

• Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;

• Impossibility of using trains, boats, aircrafts, motor transports or other public or private means of transportation;

• Impossibility to use public or private telecommunications systems.

Our obligations under the Contracts shall be deemed to be suspended during the period of Force Majeure, and we shall benefit from an extension of the time limit to comply with such obligations for a period of time equal to the duration of the Motives of Force Majeure. We will use all reasonable means to cease the Force Majeure Reasons or to find a remedy that will enable us to comply with our obligations under the Contract, in spite of Force Majeure motives.


22. RENOUNCING RIGHT

The absence of our requirement for strict compliance by the client with any of the obligations assumed by him under a Contract or these Conditions, or the lack of exercise by us of the rights or actions due to that Contract or Conditions shall not mean the renounce or any limitation in respect of such rights or actions, nor shall it relieve the customer from fulfilling its obligations. No renounce by us of a specific right or action will result in the waiver of our rights or actions arising out of the Agreement or the Conditions. No renounce by us of any of the present Conditions or the rights or actions arising from the Contract shall take effect unless expressly stated that it is a renounce, if it is formalized and communicated to the client in writing, in accordance with the provisions of clause 18.


23. PARTIAL CANCELLATION

If any of these Conditions or any provision of a Contract is declared null and void for firm resolution by a competent authority, the remaining terms and conditions remain in force without being affected by such declaration of nullity.


24. SINGLE AGREEMENT

The present Conditions and all documents in which express references are made, constitute the entire agreement between us and the customer in relation to the subject matter of the Agreement, and supersede any other deal, agreement or promise previously made between us and the customer, either verbally or written. We and the customer acknowledge that we have entered into the Agreement without having relied on any representation or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except as expressly mentioned in conditions.


25. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase agreements made through this page are governed by Portuguese law. This provision does not affect the other rights granted to the consumer by the legislation in force.


26. COMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send us the comments and suggestions through one of the options available on our Contact page.


27. ALTERNATIVE DISPUTE RESOLUTION (ADR)

In this regard, if the transaction has been completed through our website, we inform you - in accordance with EU Regulation No. 524/2013 - that you have the ability to resolve any dispute in an extrajudicial manner through the Arbitration Centre of Conflicts of Consumption of the District of Coimbra, https://www.centrodearbitragemdecoimbra.com. You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, in the Consumer Portal, through the website www.consumidor.pt.