1. SCOPE OF APPLICATION
1.1. These General Sales Conditions establish the conditions applicable to sales made by Wonder Raw, Lda., hereinafter referred to individually as Seller, and the Buyers, also regulating the rights and obligations of the parties with regard to the corresponding purchase and sale, prevailing over any non-mandatory legal practices or provisions.
1.2. Any exception or change to these General Conditions will take the form of Particular Conditions and will only be valid if it appears in a written document, considering that the purchase proposal fulfills this requirement, accepted and signed by the legal representatives of the parties, the latter prevailing over the former with regard to any clauses that appear to be incompatible or contradictory to each other.
1.3. Any conditions or specifications that the Buyer may insert in documentation of any nature that contradict the provisions of the General, Special or Particular Conditions will be null and void and of no value.
2. PURCHASE PROPOSAL
The purchase proposal must be made under the terms and in accordance with the model that the Seller has established for this purpose.
3. ACCEPTANCE OF CUSTOMER ORDER
The express acceptance of the document “Customer Order”, when sent and accepted by the Buyer together with these General Conditions, means its full knowledge and agreement, without reservations or limitations, of these General and Particular Conditions, for what is considered on that date the Parties entered into Contract if the said Purchase Proposal contains the written acceptance by the Seller.
4. REFUNDS AND EXCHANGES
4.1. QUALITY, QUANTITIES AND WEIGHT
Any differences in weight, quality or quantities in sales of goods made per metric unit must be immediately communicated to the Seller by the Buyer upon delivery or collection of the goods. In the event that the products are sent using a carrier contracted by the Seller, the aforementioned differences must be indicated in a specific form provided by the carrier. Failure to complete this form makes any future complaints about this matter unfeasible. In any case, Seller reserves the right to inspect the said goods before accepting the claim made by Buyer.
4.2. CUSTOM ITEMS AND/OR PRINT ON DEMAND
Made-to-order or personalized items are ineligible for refunds and exchanges other than for defects or errors attributable to the Seller.
4.3. SERVICES
Returns or refunds are not accepted for services or digital files.
5. PAYMENT TERMS
5.1. Unless otherwise stated in the Particular Conditions, the price of the goods and services purchased by the Buyer will be paid by the Buyer to the Seller in cash, by means of a bank transfer to the Seller’s account with the IBAN nº. PT50 0018 0003 5557 9056 0205 7.
5.2. In the event that the “Customer Order” document establishes a payment term different from that set out in these General Conditions, after this period has expired without the Buyer having made the aforementioned payment, the Seller may immediately terminate the respective contract.
6. COMPLAINTS
Complaints will only be analyzed when submitted in writing to geral@wonder-raw.com within 14 days.
These will only be accepted after verification by our technical department and accompanied by a copy of the invoice, followed by analysis.
If the claim is accepted, we will proceed in accordance with point 7.
7. WARRANTY
7.1. All our products have manufacturer’s warranties against defects attributable to their manufacture.
Warranties do not include the payment of indemnities or any other required expenses.
7.2. Warranty Exclusion:
Warranty is excluded when product defects arise from one of the following circumstances:
a) Normal wear and tear;
b) Incorrect handling;
c) Incorrect use of the product, including use contrary to the instructions provided by the Seller;
d) Any other circumstance not attributable to the Seller.
8. AVAILABILITY, DELIVERY AND PICKUP OF GOODS
8.1. The goods shall be deemed to be at the disposal of the Buyer at the location to be determined by the Seller, unless otherwise agreed in writing.
8.2. The Buyer must collect the purchased goods within 30 (thirty) working days after payment of the price and with the prior agreement of the Seller, if he does not carry out the collection within the indicated period, he will pay a fee for the deposit that may range from €5.00 to €50.00 daily, depending on the size occupied by the order.
8.3. After this period has elapsed without the Buyer proceeding with the collection of the purchased goods, except in cases of force majeure or the exclusive responsibility of the Seller, the latter may, alternatively, demand the fulfillment of the contract by sending to the Buyer, at his expense, the purchased goods or terminate the purchase and sale by means of written communication to the Buyer by registered letter with acknowledgment of receipt, without prejudice, in any case, to the Buyer’s liability for the damages caused to the Seller as a result of such breach.
8.4. The delivered goods remain the property of the Seller until all obligations of the Buyer are fully performed.
9. FORCE MAJEURE ON DELIVERY
After the celebration of the Contract, the Seller will not be liable for any delays in making the goods available to the Buyer, if such delay is due to force majeure, unforeseeable circumstances or, in general, to situations that could not reasonably have been foreseen or avoidable.
10. LIMITS OF SELLER'S LIABILITY
In the event that, for any reason, there is a delay or lack of delivery of the goods, a defect in quantity, type or any inaccuracy in the description of the goods object of the Contract, even if due to the fault or negligence of the Seller, the liability of this will not, under any circumstances, cover indirect damages suffered by the Buyer, such as the loss of a resale operation, business or other similar profits or loss of profits.
11. RESOLUTION
11.1. Seller has the right to immediately terminate this Agreement in the following cases:
a) Non-compliance with the General and/or Particular Conditions;
b) Entry into dissolution, liquidation, voluntary or compulsory and of any judicial or extra-judicial process to determine the Buyer’s liabilities, namely bankruptcy or creditors’ agreement;
c) Cessation, for whatever reason, even if only de facto cessation, of the Buyer’s activity;
d) Occurrence of any other causes of termination provided for in these General and/or Particular Conditions.
11.2. The resolution will always be communicated to the Buyer by registered letter.
12. JURISDICTION
For the resolution of any dispute arising from this contract, the assumptions mentioned in these General Sales Conditions prevail and the Barcelos district court is competent, with express waiver of any other.
