1. SCOPE
1.1. All contracts for the purchase of goods are governed by these General Terms and Conditions, the terms of which may only be derogated from by express written agreement of the Parties. In this context, all orders placed by Customers presuppose that they are fully aware of these General Conditions of Sale.
1.2. With reference to the above, it is important to clarify that these General Conditions were communicated to the CUSTOMER together with the opening of the account, and the CUSTOMER is deemed to have agreed to be bound by them, in the precise terms described below.
1.3. BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. has the right to cancel any Purchase Order if the CUSTOMER has not accepted these General Terms and Conditions.
2. MAIN OBLIGATIONS OF THE PARTIES:
ORDER:
2.1. Once the order for delivery of materials has been received, BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. will undertake to fulfill such orders under the agreed conditions. In return, the CUSTOMER will be obliged to purchase the requested material under the same conditions. In the event of total or partial cancellation of an order for reasons of force majeure, the CUSTOMER shall be responsible for all costs and expenses arising from such cancellation.
2.2. The proposal/order, once initialed and/or sent by the CUSTOMER, automatically serves as an order in accordance with the specific conditions set out therein. Upon receipt of the order, BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. will take the necessary steps to supply the products to the CUSTOMER.
3. CONDITIONS OF SUPPLY:
3.1. Under the terms of these general conditions of sale, BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA., undertakes to deliver the products covered by the Purchase Order, in accordance with the Proposal submitted and accepted by the CUSTOMER, within the agreed deadlines and in strict compliance with the contractual terms, and with the applicable legislation, rules of art and general guidelines that may be given by the Customer, as well as informing the CUSTOMER in good time of any occurrence that may jeopardize the fulfillment of its contractual obligations or the deadline stipulated for their execution and delivery.
Any changes to these rules will only be valid if they are accepted in writing in advance.
4. COMMERCIAL CONDITIONS
PRICES:
4.1. The contract price, as well as the payment terms and conditions, correspond to those described in the BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. proposal, accepted by the CLIENT.
4.2. The Contract Price may only be altered in the cases expressly provided for in the Contract, namely in writing.
4.3. Within the period stipulated in the Proposal, BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. will issue and send the CLIENT an invoice corresponding to the price or part of the price of the goods delivered.
4.4. Invoices will be issued in duplicate and must include the Purchase Order number.
4.5. Prices are always those in place on the date of supply, unless there is a proposal with the price and other conditions agreed in advance.
4.6. Prices are per unit and may be changed without prior notice, price lists, or in the case of proposals made after the expiry of the validity period presented.
4.7. Prices do not include any taxes, such as VAT or other legal fees.
4.8. Any special prices agreed, advance payments required or special payment conditions for projects will respect the conditions expressed in the proposal submitted by BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA.
5. DELIVERIES, DISPATCHES AND SHIPPING COSTS
5.1. The place of delivery of the goods is set out in the proposal/order, and transportation may be at the expense of BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA or at the expense of the Customer.
5.2. The unloading of products is always the responsibility of the CUSTOMER, who undertakes to ensure that adequate material and human resources are available for the task, so that, among other things, unloading time is minimized and damage can be avoided.
5.3. Failure to comply with the obligations set out in the preceding paragraph shall entitle BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. to return the material, where it shall remain at the CUSTOMER’s disposal, and its obligations shall be deemed to have been fulfilled for all purposes, with payment and all other charges being due as a result.
5.4. The shipping costs must always be agreed with the sales assistant responsible, approved by Begolux management and described in the proposal submitted by BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA.
5.5. Any other particularities regarding orders of greater weight and/or size, in any form of transportation, should be consulted with the company’s Logistics services.
5.6. Any supply of products, goods or materials, while not fully paid for, reserves BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. the right of retention, as well as ownership, provided for under the terms of articles 754 et seq. of the Civil Code under article no. 409 of the Civil Code.
6. ORDERS AND DELIVERY TIMES
6.1. Orders are subject to the availability of stock in the warehouse or the indication of a delivery date, even if this is a forecast.
6.2. Delivery time is considered to be after receipt of the order, compliance with the agreed conditions and other information indispensable for acceptance of the order.
7. FINANCIAL AND PAYMENT CONDITIONS
7.1. Credit Sales
The request to open an account/credit must be made by completing the relevant customer form.
Confirmation of receipt of our account opening information, accepting the conditions indicated, as well as the conditions expressed in these General Conditions of Sale.
Financial discount, if any, is taken into account from the invoice date.
7.2. Financial Discounts
Special conditions, when specified, accepted and agreed, e.g. Confirming
7.3. Payment Methods
7.3.1. The terms and conditions of payment are set out in the proposal/order.
7.3.2. Non-payment, even in part, of overdue invoices entitles BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. to cancel or suspend the supply of orders on hand.
7.3.4. Without prejudice to the provisions of the previous paragraph, failure to pay any invoice on time shall immediately result in default interest being charged at the commercial interest rate or, in cases where this is not the case, at the maximum legally admissible rate.
7.3.5. In addition to the interest on late payment referred to in the previous paragraph, a compulsory penalty clause of 2% of the outstanding amount of the invoice is also due.
7.3.6. The payment methods available are:
Bank transfer | IBAN: PT 50 0269 0652 00208254892 83 s/ BANKINTER.
8. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
8.1. The contracting parties agree to consider as confidential any and all information, documents and/or files transmitted in any way between them or to which they have access, including files, lists, archives, databases, contracts, know-how and other documentation related, directly or indirectly, to the commercial activity, trade secrets, techniques and tactics, clients and employees of the same.
8.2. The parties undertake the obligation that confidential information, whatever its medium, shall only be made known to the personnel involved in or assigned to the execution of the contracts granted under the Contract, and they undertake to ensure that their mutual collaborators observe the duty of confidentiality to which they are bound by law and by the Contract.
8.3. The parties undertake to protect confidential information in an appropriate manner or in accordance with applicable professional standards and not to use the data and information provided by the other party for purposes other than those inherent in the performance of the contract.
8.4. With regard to Confidential information to which the parties have access, whatever its medium, namely documentary or computerized, the parties are expressly and reciprocally prohibited from:
a) make any copy, in whole or in part, except for use within the scope of the Contract, in particular for the purpose of back-up;
b) use or allow to be used for purposes other than those necessary for the performance of the Contract;
c) disclose, transmit or interconnect with any entity any data and information provided by the other Party, unless duly authorized in writing.
8.5. The parties agree that the following information will not be considered Confidential:
a) information in the public domain;
b) information previously known to the other Party by legitimate means;
c) information disclosed by the Party to a third party without any restriction;
d) information required to be disclosed by legal or administrative constraints.
8.6. If the execution of the Contract/supply of products implies that BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. has access to personal data, it will act, in the processing of such data, as a subcontractor of the respective Customer, obliging itself to comply, and to ensure compliance, by its personnel and service providers, in the processing of such data, with all Personal Data Protection legislation, namely: refraining from using, directly or indirectly, for its own benefit or for the benefit of third parties, the personal data of which it becomes aware within the scope of the orders/Contract; as well as from copying, altering, deleting, transmitting, disclosing or permitting its disclosure; obliging itself, to this end, to implement and execute all appropriate technical and organizational measures for the protection of such personal data against unauthorized destruction, alteration, dissemination or access, namely those communicated to it by the Customer, and will observe the Data Protection and Privacy Policy. At the same time, the Customer undertakes to comply with the terms set out above.
8.7. The Parties mutually authorize that the personal data they transmit to each other be entered into computerized files, processed automatically and used for contractual execution, invoicing, tax, advertising, promotional mailings, etc. purposes. This data will be kept for as long as the contractual relationship continues and, subsequently, for commercial communication and disclosure purposes, up to the limit determined by law. The parties will be responsible for the processing and collection of this data; however, the rights of access, deletion or rectification of this data, as well as those of limitation and opposition to its use, and the portability of the data provided, must be exercised by sending a written communication to the respective head offices. Consent may only be withdrawn once the contractual relationship between the Parties has ended, under the terms set out herein, and constitutes a requirement for its conclusion and validity. Both parties have the right to lodge a complaint with the National Data Protection Commission.
9. INDUSTRIAL PROPERTY RIGHTS
9.1. The Client guarantees that the result of any and all work carried out under the Contract will not be copied, will not violate any intellectual or industrial property rights, including designs, patents, industrial models and designs, utility models, copyright, among others, and will be an original product, and undertakes to indemnify BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA. against any damages that such a violation may cause it, as well as to pay any remuneration and/or compensation to third parties due for having copied, violated copyright and/or not being original.
10. PENALTIES
Financial discounts made in error will not be taken into account and the corresponding debit note will be issued immediately.
10.1. Failure to comply with these General Conditions may result in the non-payment of bonuses or rappels, if any.
11. COMPLAINTS
Complaints about the goods/products supplied must be submitted within a maximum of 8 working days from the date of delivery, and no complaints will be accepted after this deadline.
Complaints must be made by any written means (letter, e-mail or other), directly to the Sales Department, and it is essential to identify the product involved, the number of the proposal/order to which it corresponds, as well as the quantity involved and the defect complained of.
Once the complaint(s) have been accepted by BEGOLUX ILUMINAÇÃO UNIPESSOAL, LDA., any return must be made within a maximum of 8 calendar days from the communication of this fact to the Customer, under penalty of forfeiture.
12. WARRANTY
The following Warranty Conditions apply to all products manufactured in Portugal by Begolux – Iluminação Unipessoal Lda., headquartered at Rua Vasco da Gama nº65 4510-682 Fânzeres.
12.1. Warranty Period
12.1.1. Self-made collections are guaranteed for 5 years from the date of issue of the invoice.
12.1.2. All other products produced and manufactured by Begolux – Iluminação Unipessoal Lda. are covered by a 2-year warranty from the date of issue of the invoice.
12.1.3. The products covered by the 5-year guarantee are the products in the Range (list below)
- Infinity
- Infinity Slim
- Infinity XSlim
- Circular Luminaires
- Tubular Luminaires
- Natural Materials
- Architectural Lighting
12.2. WARRANTY CONDITIONS
12.2.1. Begolux – Iluminação Unipessoal, Lda. only assumes the guarantee of the products it manufactures, if it can be verified – Manufacturing non-conformities that result in failures or malfunctions; and/or, cumulatively, if it is verified that the Products have been correctly installed and used in accordance with the instructions provided by it, as well as if the Temperature and voltage used are correct and within the recommended values.
12.2.2. If any of the products mentioned in clause 12.1.3 above are defective in material or workmanship:
– The item must not show evidence of installation and/or tampering;
– The product must always be returned in its original packaging, with no signs of use.
– If the products were not purchased directly from Begolux, you should contact the responsible retailer for information on the procedures to be followed;
– It is Begolux’s sole decision whether to repair or replace the product in whole or in part.
12.2.3. For the purposes of this article, the products/articles covered by the guarantee must be delivered to the premises of Begolux – Iluminação Unipessoal, Lda., located at Rua Vasco da Gama nº65 4510-682 Fânzeres, which, after verifying the anomaly, will replace it.
12.2.4. For internal procedural purposes, any warranty claim must be made in writing and accompanied by the corresponding purchase invoice.
The following are guarantee exclusion clauses:
– Improper or inadequate installation and maintenance: Improper or deficient installation, without observance of the manufacturer’s recommendations, and also in disagreement with the good rules of installation and handling of electrical equipment.
– Unauthorized alterations or repairs;
– Environmental conditions not suitable for the product in question;
– Damage caused by accidents, misuse or negligence;
– Emergency kits come with a 2-year guarantee against manufacturing defects;
– The following are not covered by this guarantee: Consumables (bulbs, LEDs, starters and batteries) and any product not supplied by Begolux
– Any product not produced or manufactured by Begolux Iluminação Unipessoal, Lda.
– Begolux Iluminação Unipessoal, Lda. reserves the right to verify that all warranty conditions are being met and to carry out an expert assessment in order to verify the fault in question.
13. NON-CONFORMITIES
Begolux – Iluminação Unipessoal, Lda. cannot guarantee uniformity between the photographs and the actual product, or lacquering from one batch to the next, or any discoloration due to exposure to UV rays or the passage of time;
14. REFUNDS
14.1. Returns are not accepted for products manufactured in-house.
14.2. Import products can only be returned within 5 days of the invoice date and must be returned in their original packaging, without any damage or signs of use.