Terms & Condictions

Terms & Condictions!

The Company:

PEDRO BARRENTO UNIPESSOAL, LDA

Headquarters:
Rua Diogo Cão nº 6 R / ch Dt
Barra Beach
3800-772 Gafanha da Nazaré
Phone: 234 369 022
E-mail: geral@pescabarrento.pt

VAT: PT 508938201
C.R.C .: 7004-8522-6075

1.Introduction

This document is subject to the terms and conditions that regulate the use of this Website and the agreement that is established between both parties (customer and entity responsible for the website). Any and all orders requested to the company PEDRO BARRENTO UNIPESSOAL, LDA through the online store www.materialfishing.com, will be regulated by the present Purchase Conditions.

Before pressing the button “Confirm & Pay” at the end of the ordering operation, you must read these Terms carefully. If you do not agree with these Terms in their entirety, you must refrain from placing any order.
These Terms are subject to change, so you should read them before placing any order.
If you have any questions about these Terms, please contact us using our website using our electronic form or by calling 234 369 022.

2.Identity of the Responsible for the Website

This website is managed by the company PEDRO BARRENTO UNIPESSOAL, LDA, registered at the Conservatory of Land Registry of Ílhavo, with VAT: PT 508938201 and CRC: 7004-8522-6075, head office at Rua Diogo Cão, 6 R / Ch Dto, 3830 -772 Praia da Barra – Gafanha da Nazaré, Portugal.

In case of doubt about these Conditions, you can contact us through our existing form in the Contact Area or by calling +351 234 369 022 within the customer service hours (9:00 am / 6:00 pm)

3.Use of this Website

These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in the case of express agreement by the Seller, previously given in writing. These Terms are important to both parties, as they aim to protect the user’s rights, as a customer, as well as our rights as a Seller and are intended to establish a legally valid agreement between the parties.

When placing an order, the user confirms that he has read these Terms, which he accepts without any reservation.

  • The user accepts that:
    • You can only use this website to make legitimate inquiries or orders.
    • You will not place orders of a speculative, false or fraudulent nature. If we have reasonable reason to believe that a particular order is of that nature, we reserve the right to cancel it and to inform the competent authorities.
    • You will be obliged to indicate an email address, postal address, or the data related to another form of contact, which are correct and complete and you accept that the Seller can contact you using these data, should you deem it necessary.
    • If you do not provide the Seller with all the information he deems necessary, it may not be possible to complete your order.
    • When placing an order through this website, the user declares that he is over 18 years of age and that he has the legal capacity to enter into contracts.

PEDRO BARRENTO UNIPESSOAL, LDA, reserves the right to change these purchase conditions at any time. Whenever necessary, we make changes to the purchase conditions, they will be published on this website and we will notify you in advance.

4.Formation of Contract

The information contained in these Terms does not constitute a sale proposal, but merely an invitation to trade. No contract with respect to the mentioned products will be established between the Seller and the user without the order having been accepted by the first (regardless of whether a debit has been made to the user’s account or not). If the order is not accepted after any debit has been made to the user’s account, the respective amount will be refunded in full.

To place an order you must follow the online purchase process and click on “Confirm & Pay”.

You will then receive an email confirming that your order has been received by the Seller (the “Order Confirmation”). You should be aware that this does not mean that your order has been accepted. The order constitutes only a proposal to purchase one or more of our products.

Any order is subject to the respective acceptance by the Seller, which will always be confirmed by sending an email communicating the shipment of the product (s)

  • Shipping confirmation
    The purchase and sale contract between Seller and user (Contract) will only be formalized with the communication of the Shipping Confirmation. The Contract will only concern the products mentioned in the Shipping Confirmation. The Seller will not be obliged to supply any other products that may appear in the order, until the shipment of them has been the subject of another Shipping Confirmation.
  • Sale to Countries Outside European Union
    We draw your attention that purchases made to countries outside the European Union may be covered by expenses and customs duties payable at destination.

5.Product Availability

Any order for products is subject to product availability.

The company PEDRO BARRENTO UNIPESSOAL, LDA, is not responsible for the loss or damage caused in all orders sent by postal service or unregistered transport service.

All deadlines for delivery of the goods are indicative, and the customer cannot claim from the company PEDRO BARRENTO UNIPESSOAL, LDA, compensation for having been exceeded.

  • Track my order
    When your order is shipped, a code will be available in your account, so you can find it on the website of the carrier you have chosen.
    If you have difficulty locating your order, please contact us by email: geral@pescabarrento.pt
  • Order receipt
    All orders delivered must be subject to verification and control by the customer. In the event of anomalies, they must be recorded on the carrier’s waybill. Without the proper notes from the customer, the order cannot be the subject of a subsequent dispute with the Seller.
    The verification of the product’s status is considered to have been carried out once the shipping guide is signed. After receiving the order if the product is damaged, please contact us by e-mail geral@pescabarrento.pt or by phone within a maximum period of 24 hours so that we can quickly activate the claim procedures. Any packaging received at our premises without identification of the sender or sent for collection, will not be accepted.
  • Order content error
    The claim of non-conformity of the products in comparison with the data of the order placed must be made within a maximum period of 24 hours upon delivery of the order under penalty of not being accepted by the Seller.
  • Difficulties in delivering
    If the carrier is unable to deliver the order, it will try again the next day or contact you to schedule a new delivery. In the specific case of CTT Expresso, a postcard will be left to collect the order at the post office.

6.Refusal of Order

The Seller will not be liable, before the user or any third party, for the withdrawal of any product that appears on this website, for the alteration or elimination of any materials or contents of this website, nor for the refusal to complete the processing or to accept any order that has been object of sending an Order Confirmation.

7.Right of Free Resolution by the User – “Cooling OFF”

The user who contracts as a consumer can freely terminate the Contract within 15 days from the date of delivery of the products. In this case, the user will be refunded for the full price paid for the products, in accordance with the terms of the Return Conditions (see clause 13 below).

Please see in the Return Conditions how to return products. The right to terminate the Contract will only take place if the products are returned in the same state in which they were received by the user. This must return it with all instructions, documents and packaging materials. Any damaged product, which is not in the same condition as it was received by the user, or which has signs of use beyond the mere opening of the respective packaging will not be refunded.

Please take care when handling the product (s) while they are in your possession and keep the original boxes, instructions, documents and other packaging materials in your possession. , for later return and collection of products.

More detailed information on the right to terminate the contract and the explanations regarding the respective exercise are the subject of clause 13 of these Terms. This provision does not affect any rights resulting from the law.

8.Delivery

Provided that they are available (see clause 5 above), the Seller will make the best efforts so that, except in exceptional circumstances, the products included in a Shipping Confirmation are delivered to the user on the date indicated therein, or not with date indication, within 15 days from the date of the Order Reception Confirmation.

  • Possible reasons for the delay include:
    • Specialized products;
    • Unforeseen circumstances;
    • Delivery area;

If, for any reason, the Seller is unable to deliver on the scheduled date, the user will have the option of maintaining the order by extending the delivery period or canceling it against full refund. The user should take into account that, in any case, the Seller does not deliver on Saturdays or Sundays.

For the purposes of these Terms, a “delivery” is considered to be made or a product is considered “delivered” with the signature of the delivery receipt at the agreed address.

9.Impossibility of Delivery

If the Seller is unable to proceed with delivery after 1 attempt, he will endeavor to find a safe place to leave the product ordered. A note will be left explaining where the product is and how the respective order can be collected.

10.Risks and Property

From the moment of delivery, the risks related to the product supplied will be borne by the user.

Ownership of the supplied products will only be transferred to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery charges, or after delivery, whichever is the last.

11.Price and Payment

Except in the event of an evident error, the price of the products will be as indicated at any time on our website. Although the Seller seeks to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product in an order is wrong, he will inform the user as soon as possible, giving him the choice between reconfirming the order at the correct price or proceeding with its cancellation. If it is impossible to contact the user, the order will be canceled and the user will be fully refunded the price of the products, if he has already paid for them.

The Seller will have no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is notorious, unambiguous and should have been identified by the user in reasonable circumstances.

The prices indicated on this website have VAT included (when applicable), but do not contain delivery costs, which will be added to the final price.

We reserve the right to refuse orders of large size or value. All prices and quantities available are subject to change at any time but, except as noted above, this change will not affect orders for which a Shipping Confirmation has already been issued.

When the user has finished their purchases, all the products they wish to purchase will be inserted in their basket and the next step will be the process of registering the exit and making the payment. For this purpose, you should:

  • Click on the number of items in your cart or “Checkout”;
  • Click on “Proceed to Checkout”;
  • Fill in or confirm the data related to your contacts, your order, billing address, shipping address, transport and payment method;
  • Click on “Confirm & Pay”;
  • Proceed to payment.

You can pay via ATM, MBWay, Payshop, PayPal Checkout, bank transfer or cash on delivery.

By making the payment the user is confirming that he is the holder of the card or PayPal account or bank details associated with the payment methods. The authorized amount will be debited at that time.

Credit cards are subject to verification of validation and authorization by the issuing entities, but if the card issuer does not authorize payment, the Seller will not be held responsible for any delay or non-delivery and may not enter into the Contract with the user.

12.Value Added Tax

According to the rules and regulations in force, purchases made through this website are where applicable, subject to Value Added Tax (VAT).

Sales prices to the public, whether for an individual customer or a company, include where applicable the Value Added Tax (VAT).

13.Return and Warranty Condictions

  • General rule for return
    If the user wants to return a product, he must do so by handing it over to a freight company to the seller’s address or personally delivering it at the store’s headquarters. The user must contact the Seller using the electronic form of the respective return or by calling 234 369 022.
    The user must return the product in the same package used in the first delivery. Whenever possible, the user must accompany the product to be returned from all original boxes, instructions / documents and packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use beyond the simple opening of the packaging, does not give the right to a refund. The User will be responsible for transport costs (shipping and collection costs). Except in the products of the flagged campaigns, it is not possible to make returns.
  • Return by withdrawal
    The User has up to 15 days after the date of delivery of the products to return them, without any justification being required (except in the case of products made to your specification or customized). The User will be responsible for transport costs (shipping and collection costs). Collection costs are the same as shipping. These costs will be deducted from your initial payment, and the balance will be returned to you.
  • Return of defective products
    If the user understands that the product supplied, at the time of delivery, does not comply with the provisions of the Contract, he must promptly contact the Seller via an electronic form, informing him of the product status and respective defects. The Seller will inspect the returned product and inform the user of the right to replacement or refund (if applicable), via email, within a reasonable time. The Seller, as a rule, proceeds to refund or replacement as soon as possible and, in any case, within 30 days from the date of confirmation via email that the user is entitled to a refund or replacement of the defective product. Products returned by the user for defective reasons, if confirmed, will be refunded in full for the amount paid, including delivery charges and return charges. The refund of any amount paid will always be made via the payment method used to purchase the product.
  • Refund
    The refund will take place as soon as possible (in any case, within 14 days from the date of notification of the return). The refund of any amount will always be made using the same payment method used to purchase the product, whenever possible.

These provisions do not prejudice any rights of the user, which result directly from the law.

  • Warranty
    After-Sales Assistance and Manufacture Warranty:
    All equipment is covered by the 2 Year Manufacturer’s Warranty, guaranteed by the respective brands. In the case of defective products, you must report it, informing your order number and description of the malfunction:

    • by email: geral@pescabarrento.pt
    • by Mail: PEDRO BARRENTO UNIPESSOAL, LDA – Rua Diogo Cão, 6 R / Ch Dto, 3830-772 Praia da Barra – Gafanha da Nazaré, Portugal.
    • By phone: 234 369 022

The costs of returning or collecting items within the Warranty period will be borne by the customer.

14.Privacy Policy

The Seller respects your privacy. Any and all information collected on the website will be kept confidential and will not be sold, supplied or reused by third parties without your permission. Any information provided to us will be treated with care and used for the sole purpose of executing your order and improving your experience on our website. – Consult Complete Privacy Policy.

15.Responsability and Exclusions

Seller’s liability for any product purchased through this website is limited solely to the respective purchase price.

Nothing in these Terms has the effect of excluding or limiting Seller’s liability:

  • For death or personal injury caused by your negligence;
    For fraud or fraudulent misinformation;
  • Regarding any matter where the exclusion or limitation, or the attempt to exclude or limit Seller’s liability is illegal.

Without prejudice to the provisions of the preceding paragraph, the Seller, to the maximum extent permitted by law and unless otherwise stated in these Terms, rejects any liability for indirect losses or damages, which occur as a consequence of the main losses or damages , even if originated by the practice of unlawful, contractual or extra-contractual, including mere negligence, whether or not it was foreseeable, for example by way of:

  • loss of business;
  • loss of income or income;
  • loss of results or contracts;
  • loss of profits;
  • loss of data;
  • management time and hours of activity.

Due to the open network nature of this website and the possibility of errors in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, except when expressly stated otherwise.

All product descriptions, information and materials contained in this website are made available in their precise terms (“as is”) and without any guarantee of express, implicit or consequent compliance for any reason.

To the maximum extent permitted by law, the Seller does not assume any type of guarantee, without, however, this implying the exclusion of liability that cannot be legally removed within the scope of consumer rights.

Nothing contained in this clause prejudices the user’s legal rights as a consumer, nor does it affect his right to terminate the Contract.

16.Intellectual Property

The user acknowledges and accepts that all copyright rights (registered trademark) or regarding trademarks and other intellectual property rights, relating to any and all material and content that is part of this website remain at all times in the Seller’s title. or its licensors. The user is allowed to use said material only within the limits expressly authorized by the Seller or its licensors. This does not prevent the user from using this website to obtain a copy of an order or the terms of the Contract.

17.Written Communications

The applicable law requires that some of the information or communications that the Seller sends to users must be in writing. By making use of this website the user accepts that the communication between him and the Seller revises mainly the electronic form. The Seller will contact the user by email or provide information by entering notices on this website. For contractual purposes, the user accepts this means of communication electronically and acknowledges that any contracts, notices, information and other communications that the Seller transmits to him electronically satisfy the legal requirement that such communications be made in writing. If you do not wish to receive further communications of a commercial nature, and / or wish to exercise your rights of access, opposition, rectification or cancellation of your personal data, you can do so by e-mail to the address: geral@pescabarrento.pt.

This provision does not prejudice any rights of the user, which result directly from the law.

18.Communications

All communications from the user to the Seller must be sent via electronic form. Without prejudice to the provisions of clause 17, the Seller may communicate with the user either by email or by post to the address on the order.
Any communication will be taken for granted the moment it is inserted on the website, 24 hours after sending an email, or on the third day following the date of its sending by post. For proof of sending a communication, in the case of a postal item, it is enough to prove that the respective letter was addressed correctly, sealed and delivered to the post office and, in the case of sending by email, that the same email was sent to the address email address specified by the user.

19.Transmission of Rights and Obligations

The Agreement between the Seller and the user is binding on the parties and their successors and assigns.

The user may not transfer, assign or encumber his contractual position, or by any other means have the Contract or any rights or obligations arising therefrom, without the prior written consent of the Seller.

The Seller may transfer, assign or encumber its contractual position, sub-contract or by any other means dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. However, any transfer, assignment or encumbrance of such position, or act of provision of the contract, may have the effect of limiting the user’s legal rights as a consumer or reduce, or limit in any way, any guarantee provided by the Seller to the user of express or implied.

20.Events Outside the Seller’s Control

The Seller will not be responsible for non-compliance, or delay in performance, of any obligation arising from the Contract that is due to an event beyond its reasonable control (“Force Major Event”).
A Force Major Event comprises any event, act or omission, beyond Seller’s reasonable control and includes, in particular (but not exclusively), the following:

  • Strikes, lock-outs and other labor actions
  • Civilian uprisings, turmoil, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
  • Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
  • Impossibility of using railways, sea, air, road or other public or private means of transport.
  • Impossibility of using public or private telecommunications networks.
  • Government laws, decrees, regulations or restrictions.
  • Any strikes, interruptions or accidents affecting relevant postal or transport services.

Seller’s obligation to comply with any Contract will be suspended for the duration of a Force Major Event and will give rise to an extension of the respective term equivalent to that duration. The Seller will make reasonable efforts to end a Force Major Event, or to find a solution that will enable it to fulfill its contractual obligations despite the existence of a Force Major Event.

21.Disclaimer

If the Seller, at any time during the term of the Agreement, refrains from demanding strict compliance with any obligation that the user derives from the Contract or from these Terms, or from exercising any right or power therein provided to put an end to such breach, this will not constitute a waiver of those rights and powers and will not exempt the user from the fulfillment of his obligations.

The resignation of the Seller to the exercise of any right or power, in the event of a particular situation of non-compliance by the user does not mean waiver of rights or powers in the event of a subsequent non-compliance.

Seller’s waiver of any right resulting from the Agreement or these Terms will only be effective if it is in a written communication sent to the user in the manner provided for in the Communications clause, where the expressly declares that he waives.

22.Reduction

The declaration of invalidity, illegality or ineffectiveness, by the competent authority, of any of the provisions of these Terms & Conditions will not affect any of the remaining provisions, which will continue in full force.

23.Entire Agreement

These Terms and any document referred to therein constitute the entire agreement established between the parties regarding the formation of a Contract and prevail over any previous agreement, understanding or combination, in written or oral form.

Both parties acknowledge that, when entering into the Contract, neither of them based their motivation on a declaration, commitment or promise made by the other, or that it could be considered implicit in something that had been said or written in negotiations between the parties at the time prior to the execution of the Agreement, unless otherwise stated in these Terms.

Neither party may take advantage of the fact that the other has produced an untrue statement, either oral or in writing, prior to the conclusion of a Contract (except when such statement has been made with fraud) and can only rely on the rules of non-compliance contractual obligations resulting from these Terms.

24.Amendment of Terms of Service by the Seller

Seller has the right to change these Terms of Service at any time. The user is subject to the principles and terms in force at the time of his order, unless the law or the competent authority imposes any changes to them (and such changes are applicable to orders already placed).

25.Applicable Law and Jurisdiction

The law applicable to any relationship established between the Interventionists through this website is Portuguese law.

In the event of a dispute, the competent jurisdiction is that of the District of Baixo Vouga, with express waiver of any other.

These General Conditions of Sale are effective as of 01-03-2020 and may be changed without notice.

The placing of orders by the customer implies acceptance of the present conditions of sale.

26.Comments

The Seller appreciates the comments and opinions of the users. Please send them via our electronic form.