General Terms and Conditions (GTC)
§ 1 Applicability
These General Terms and Conditions are valid for all business relations between Antonio Couto (in the following called "propolis.pt") and his customers referring to the valid version at the moment of the customers order.
These General Terms and Conditions are valid exclusively: the customer´s opposing or differing conditions concerning these GTC are not accepted, except the propolis.pt had explicit accepted theit validity in a written way.
§ 2 Conclusion
The representation of the propolis.pt´s assortment of goods on his homepage (www.propolis.pt) does not constitute an offer in the sense of § 145 BGB (Germany), but an „invitatio ad offerendum“ (invitation to making an offer).
The customer´s order constitutes an offer to concluse a contract of sale, about the receipt of this order at propolis.pt he is informed by e-mail, telling the details of the order (confirmation of order). This confirmation of order does not constitute any acceptance of the offer, but it shall only inform the customer that his order has arrived at the propolis.pt.
A contract of sale only takes place at that moment when propolis.pt sends the ordered products to the customer. The propolis.pt is authorized to limit the volume of the order to a household standard amount.
§ 3 Delivery
The propolis.pt will deliver the ordered goods as fast as possible by parecel delivery serice or any other services to the address specified by the customer.
Comments about the prospective delivery time are not binding, except a delivery time has been commited obilgatory by the propolis.pt
§ 4 Conditional sale
Until the full payment the delivered goods are the property of the propolis.pt.
§ 5 Due date and payment
The payment of the purchase price is to be made via prepayment/bank transfer or PayPal. For customers who order for the first time normally the goods are delivered as soon as the payment is registered on the Apireen.com´s bank account. First time customers do not have any demand on a purchase on account.
§ 6 Instruction of cancellation
The customer is entitled to withdraw his declaration to contract without declaring of any reason within two weeks in written way (such as letter, Fax, e-mail) or through sending back the goods. The term starts earliest with receipt of this instruction and receipt of the goods. To ensure the term of cancellation it suffices to send the cancellation or the goods on time.
The cancellation or the sending back of the goods are to be sent to:
Calçada Ribeiro Santos, 37-1º
In case of a valid exercise of the cancellation the bothside received performances are to be granted as reverse transaction and if any taken usage (such as advantage of usage) to issue. In case the customer cannot or partially or partially not or in a worse condition grant a reverse transaction, the customer has to pay a token money to propolis.pt so far. This is not valid if the worsening of the goods is to be traced back only to it´s testing-as it would haven been usual for a customer in a shop for example. Further on the customer can avoid the duty of compensation for the value by not taking the goods in his usage as if they were his own and leave everything undone that could affect their value.
The customer has to take the costs of the sending back.
§ 7 Purchase price, delivery costs
The contracted purchase price is the one confirmed in the delivery confirmation by the propolis.pt, corresponding to the listed price at the website during the time of order.
Regardless the order value the customer has to pay a delivery cost lump sum of minimum 6.90 €, depending on the order amount and as posted in the internet shop and order confirmation.
§ 8 Warranty
(1) If there is a defect in the purchased goods, the customer can carry out a reperformance (default removal or replacement). If this reperformance fails, the customer can either resign back out of the contract or reduce the purchase price. Further more the customer can claim damage or compensation for futile and proved expenses.
(2) As far as not provided differently in the following, continuing claims of the orderer are excluded - no matter out of which legal reasons. The liability for damages which have not come into being at the delivered item itself, especially for the customer´s missed wins or any other financial damages,is thus excluded. An exclusion or restriction of liability is also valid for a personal liability of employees, representatives and performance assistants of the propolis.pt.
(3) The restriction of liability mentioned before is not valid as far as the damage cause bases on gross negligance or a culpable violation of life, the body or health. Further on it is not valid for the conclusive liability referring to the law of product liability.
(4) The propolis.pt accepts liability for legal regulations, as far as the propolis.pt injures culpably an essential contractual obligation; in this case the liability of damage is reduced to the damage to be foreseen, typically taking place. The warranty period is two years and starts with the delivery of the goods.
§ 9 Data protection
(1) propolis.pt is committed to protect the privacy of all persons who purchase in their shop and to handle all personal data confidentially.
(2) propolis.pt is authorized to survey, safe and to process all necessary personal concerning data within the bound of possibility of the business relations referring to the Federal legal protection law/ electronic service data protection law. At every time you have the right to let your personal data to be deleted; please inform us by e-mail: email@example.com.
(3) We use your data exclusively to fulfill the contract concluded with us.
§ 10 Final provisions / other
(1) All business relations are exclusively subject to the law of the Federal Repuplic of Germany; the validity of UN-purchase law is excluded.
(2) The exclusive venue for all kinds of demands referring to the business relation is Lisbon/Portugal, as far as this can be agreed upon effectively between the two parties.
(3) Should there any single regulations of this General Terms and Conditions be invalid as a whole or partially, this does not affect the other regulations. Both contract parties commit themselves to replace the invalid regulations by another, that comes more closely to the economic purpose of the invalid regulation and that is valid as far as it is concerned. The same is valid for eventual loopholes in the contract or with besides that with the company concluded arrangements.