This document sets out the pre-contractual information concerning distance contracts, through www.ibersan.pt, referred to in Article 4 of Decree-Law No 24/2014 of February 14, 2014, and all subdomains, digital applications or sub-websites. The trademark IBERSAN and its domain in www.ibersan.pt is owned by AIM CIALA, S.A., with headquarters in Pinhal do Concelho, Apartado 159, 7540-909 Santiago do Cacém, NIF 507 643 240, from now on abbreviated by IBERSAN.
IBERSAN reserves the right to modify freely this pre-contractual information in order to adapt it to the applicable legislation, without any need for notice, advising users to check it frequently.
Both browsing and purchasing through the website and/or digital applications, presupposes the acceptance of the present information and practices described in this document and the Exchanges and Returns. The online sale is valid and applicable to the territories of mainland Portugal, Azores and Madeira Archipelagos and European Union countries.
AVAILABILITY OF THE ARTICLE
The marketing of the article online does not effectively guarantee the existence in real time of stock available at the time of purchase and, given the fact that a portion of our items are production/making own, we appreciate the understanding regarding the delivery time.
If the item is not available, is of a permanent or temporary nature and, whose delivery forecast exceeds the time referenced in the online store, IBERSAN will immediately communicate with the customer, through telephone or electronic contact, indicating the intended date of replacement. According to the information provided, it will be up to the customer to decide whether to stay or cancel his purchase.
Articles made specially to measure or clearly customized according to the customer’s specifications are excluded from the right to exchange, return and refund.
We inform you that some items available in the online shop are subject to order from the supplier, whose delivery times are reported as estimates and, before which, IBERSAN is not responsible for delays that may occur in the orders.
SHIPPING AND DELIVERY
Whenever the necessary conditions for the delivery of the items in a single shipment are not met, either by delay or momentary unavailability of a parcel of the order, IBERSAN will make a staged delivery, being the customer informed in advance by email.
The shipment of the item whose stock allows immediate delivery, will be made on the next business day, with delivery forecast for Continental Portugal of 2-3 working days. Regarding the international shipment, although the order is dispatched on the following working day, the reception time is dependent on the region and country, whose time window is between 5 and 30 working days.
Without prejudice to the provisions of the previous clause concerning the availability of the article and, unless extraordinary circumstances occur, orders will be sent within the scheduled date of the Shipment Confirmation, provided by IBERSAN in the purchase process.
However, delays may occur for the following reasons:
- Customization of the article;
- Special Article;
- Unforeseen circumstances or delivery areas.
If for any reason, we are unable to meet the delivery date, we will inform you of this circumstance by setting a new date.
In the order that it is not possible to comply with the delivery date, provided in the Shipment Confirmation, IBERSAN will immediately communicate with the customer, through telephone or electronic contact, indicating the expected date of the new date. Any delay in the shipment of the article, given the estimated dates given, does not entitle the customer to any compensation.
IBERSAN only forwards orders on working days. In this way, neither weekends nor holidays are counted to estimate the delivery of orders. In any event, the estimated delivery dates are purely indicative.
At the time of delivery, the customer should check if the package is in perfect condition. In the order of a disruption, a visible defect or an error in the product requested, you must refuse to place orders with the carrier’s courier by filling in the form for these cases, pointing out the problem.
For the purposes of these conditions, «delivery» shall be deemed to have taken place, or the order has been delivered, at the time of signature of the responsible person present at the agreed address.
IBERSAN does not make deliveries in post office boxes.
IMPOSSIBILITY OF DELIVERY
The delivery of the item will be made at the address indicated at the time of purchase. In the order that the delivery does not take place, given the absence of any person responsible for receiving the delivery, due to the characteristics of the place of delivery or due to the volume and weight of the request, the carrier shall issue a notice or contact to coordinate the day and time of the new delivery.
If delivery on the agreed date or address is not possible in advance, the customer shall inform IBERSAN as soon as possible in order to establish a new delivery agreement.
In case the order returns to IBERSAN, for reasons that have not allowed its delivery - absence at the address, lack of withdrawal, insufficient/incorrect address or other error of the customer - IBERSAN is not responsible for costs of re-shipment. The fees and costs of referring the article are applied on the customer, in the second attempt of shipping/delivery.
In the Checkout of the shopping cart, option of Shipping and Billing Data, is available to the customer’s free will the option of picking up the order in the physical store, without inherent costs of shipping.
IBERSAN undertakes to inform the customer, through electronic contact, of the availability and possible date for the collection of the order.
The customer must be accompanied with the invoice inherent to the purchase, in digital format or printed copy.
As a safeguard, IBERSAN reserves the right to demand the delivery of the copy of the invoice, duly signed by the customer, upon the withdrawal.
All orders marked for pick up in the physical store are safeguarded for a period of 15 days, from the receipt of the notice of their availability.
PURCHASES AND PAYMENTS
For the making of purchases through our online store and, after the selection of the desired item, IBERSAN does not require the customer a prior and mandatory registration, which does not imply the need to fill out the form available for the checkout of the cart and the acceptance, expressly, the legal information available for consultation on the IBERSAN website.
For an optimization of security, all purchase transactions take place in a strict scope of confidentiality and coding according to the SSL protocol.
If in the long term the customer wants to make more purchases in our online store, they can choose to choose the "Create account?", associating a password to the email indicated in this form, which will allow you to save the billing data, send and contacts, for future purchases, create account with the combination of said credentials.
Our Online Shop accepts the following online payment methods:
> Credit card
This is an instant payment system through which you can make your purchases in a convenient, quick and secure way. IBERSAN will not store at any time the data of the card that makes the payment because the transaction is made directly with the bank without any commission or extra cost on the order price.
> Bank Transfer
You must transfer the amount of the invoice to the account described below after you have received the confirmation by email that your order has been received. You must send proof of payment.
IBAN PT50 0045 6320 4020 5440 7164 1
Please include your order number in the subject or in the submission of proof. We will process your request as soon as the transfer is confirmed.
> ATM Reference
If you prefer the ATM payment, the online store will send your email an entity, a reference and the value of your order that you can settle in any ATM (or Home banking) box. Ex:
Reference: 000 000 001
Amount: EUR 00,01
The payment data generated, referring to each order, have a period of 3 days following the date on which it was generated. If the payment is made after the expiration date, the customer must inform us of the situation immediately, being reserved to IBERSAN the decision on the validation of the purchase, even if the ATM data expired have allowed the payment.
After using the ATM reference, an e-mail is automatically sent to the customer and to IBERSAN, indicating that the payment was successfully made.
> MB WAY
With MB WAY you can pay for your order through your mobile number associated with this service; Orders with payment per MB WAY are automatically cancelled if they are not paid after 5 minutes;
Payments via MB WAY dispense with the sending of proofs.
PRICES AND PAYMENT
The prices of the articles in the online store are those stipulated, at each moment (except typographical error), in which is included the applicable VAT rate, in accordance with the legislation in force at the time of purchase, but not the shipping costs.
The total amount payable of the order covers the sum of the value of the article(s) and the VAT rate applied, additional services (if any) and delivery fee(s).
IBERSAN undertakes to gather all necessary efforts to minimize errors in the price list of our articles, however, in the event of incorrect price of the ordered article(s), IBERSAN will inform the customer as soon as possible, It is up to the customer to decide on the cancellation or adjustment in the total of the respective purchase, if the price is higher.
If the price of the product is below the announced price, IBERSAN will return the difference.
If it is impossible to contact the customer, IBERSAN reserves the right to cancel the order, and the customer is reimbursed in full for the amount paid, and no compensation for the cancellation is payable.
IBERSAN declines any obligation to supply an article(s) whose price is incorrect, due to an obvious and unequivocal error and even if the Shipment Confirmation has been made.
With the exception of the previously established clauses, the price of the article may be changed at any time, without prior notice and without the changes affecting the orders for which IBERSAN has already sent an Order Confirmation.
In case of suspected fraud in the payment process, IBERSAN reserves the right to postpone the order until the suspicion is cleared.
IBERSAN reserves the right to modify at any time the information and commercial offer presented on: Products, prices, promotions, commercial conditions and services.
Every effort has been made to ensure that the information presented in our online store is free from typographical errors and whenever they occur, IBERSAN will proceed as soon as possible to their correction.
In the event that the photographs of the article do not correspond to the information described, we ask you to contact IBERSAN for clarification of doubts.
The photographs of the articles available in the online shop are as reliable as possible, in order to reproduce the article in the same way as it actually is. However, IBERSAN warns of the slight differences between photographs and the final article, which can occur in artisanal manufacturing, due to the difference in raw materials and production process.
In the event that the information submitted does not correspond to the actual characteristics of the article, the customer has the right to withdraw from the sales contract in the applicable legal terms.
The catalogue of articles sold in the online store IBERSAN is independent of the physical store, either at the price level, as of quantities in stock. All promotional campaigns have limited and exclusive stock for online marketing.
The brands and names of the articles, which may be used in the online store, are the property of the respective companies or companies.
The navigation and consultation of information published in the online store IBERSAN, by the users, is completely free, not linking any commercial or professional relationship between both.
All information, communications and other material data, sent through our online store, electronic contact or sent directly to the address of IBERSAN, which do not constitute identification of the natural person, will be considered non-confidential data, exempted from the protection covered by the privacy and data protection policy.
IBERSAN reserves the right and freedom to use or reproduce ideas, concepts, know-how or techniques contained in the information sent, regardless of the purpose, including the development, manufacture or marketing of new articles.
Under penalty of recourse to the competent legal means against those who act contrary, the information and content sent by customers, must respect the full legality, especially under the terms of the Copyright.
INTELLECTUAL AND INDUSTRIAL PROPERTY
By accessing the online store www.ibersan.pt, you are granted a limited license to use this website, not exclusively and only for your private use, on the content of the website.
The online store is protected by Copyright and Related Rights and Industrial Property Rights, as well as all of the elements that compose it (such as trademarks, logos, photographs, images, illustrations, texts, video clips, etc.) are the exclusive property of IBERSAN or of suppliers/partners who have authorized its publication, only entities authorized to use the Intellectual Property Rights and the rights of the associated personality, not granting any license, or any right to the user other than to visit the website.
Reproduction of any documents published in the online store is only authorized for information purposes, for strictly personal and private use. Any reproduction or representation, in whole or in part, of the website or of any of the elements that compose it, in any medium whatsoever, and in any form whatsoever, for other purposes, including commercial, is expressly prohibited.
EXCLUSION OF WARRANTIES AND LIABILITY
You acknowledge and agree that your use of the website is your sole and exclusive responsibility.
IBERSAN does not control, in general, the use that users make of the website and, in particular, does not guarantee that users use the website in accordance with the Law, the present conditions of use, the moral and good customs commonly accepted in public order, nor that they do so diligently and prudently.
IBERSAN does not guarantee or represent that this website and any of the materials offered on it will be accurate, reliable, correct, useful, provided in an appropriate time, uninterrupted, safe, free from defects or free from errors.
The website and all materials offered on it are intended only for general customer information purposes. Neither the website nor any materials are intended to constitute (and do not constitute) the practice of advising or providing content, data, software, information, products and/or services.
Any mention to professionals or information (including, but not limited to, its contents and results) contained in or provided through the website is intended solely for the purpose of general information of the customer and does not imply the endorsement of IBERSAN or that it, have any association with these professionals.
IBERSAN will only be responsible for the damages that the user may suffer as a result of the use of the website when these are attributable to an intentional action of that, acknowledging and accepting the user that the use of the website and the services offered is carried out under their full responsibility and risk. In jurisdictions that do not allow the exclusion and limitation of certain warranties, IBERSAN’s liability will be limited to the extent permitted by the Law.
Without prejudice to the liability for damages that may result, IBERSAN may, immediately and without prior notice, resolve and terminate its relationship with the user, interrupting its access to the website or the corresponding services, if it detects a use of the same or of any of the linked services contrary to the applicable conditions.
IBERSAN may, at any time and without prior notice, change the presentation and configuration of the website, as well as these conditions or, where appropriate, introduce new conditions of use by publishing them on the website, so that they can be known to the user at the time of access to it and before proceeding with its use.
The use of the website, once the changes are made that are applicable, will mean the acceptance by the user of these modified conditions.
GOVERNMENT LAW AND JURISDICTION
In Portugal the Portuguese Laws apply, submitting the parties to the exclusive jurisdiction of the Portuguese Courts.