Selling conditions
1. Definitions
1.1 Platform: means the TOPECA website that includes information about the products available for sale, the price list, possible discounts, shipping table and General Sales Conditions and through which any customer can place an order. Customers will be able to register on the platform, giving them a username and password that will allow access to the reserved area, where they can place orders.
1.2 B2B customer: reseller customer of products sold by TOPECA.
1.3 B2C customer: end consumer.
2. Delivery Points
2.1 B2B customers may enter into a Collaboration Protocol with TOPECA for the creation of a Delivery Point at their premises, which will allow them to enjoy various discounts and special conditions.
3. Orders
3.1 For greater accuracy, guarantee and quality of information, orders must be formalized in writing and sent to TOPECA by email, B2C or B2B platform, fax or in person in the commercial section.
3.2 The B2B customer may also formalize their orders by telephone or in person with a TOPECA commercial technician, the customer being responsible for any misunderstanding or misunderstanding in the order registration.
3.3 Orders must clearly define the products, quantities and intended delivery location.
3.4 By formalizing the order, the customer declares to accept the General Sales Conditions, the price list and the transport prices available on the platform.
3.5 The B2C customer accepts the order from the moment he formalizes his purchase (by the means at his disposal) and proceeds with the payment.
3.6 Order modifications are only allowed for B2B customers, until the time of preparation, in the case of incomplete packages or pallets, or, until their dispatch, in the case of complete packages or pallets, and always dependent on acceptance by TOPECA.
3.7 Cancellation of the order by the customer is possible until dispatch, except for made-to-order products, which are manufactured and purchased exclusively for the orders received. Cancellation is also not accepted, even for products in stock, in orders on the B2B platform consisting of packages or pallets that are not complete, already prepared.
3.8 The minimum order for items in stock is the sales unit. In items subject to order, the minimum quantity is the one described for the B2C and B2B platform. Returns of items subject to order are not accepted, unless authorized by Topeca's commercial department.
3.9 Delivery times are defined in the transport table and are indicative.
3.10 Delivery times will depend on the existence of items in stock, information that can be consulted on the platform, where the availability of the products is specified.
3.11 Made-to-order products have a variable delivery time, depending on the type of article and quantity.
3.12 On the B2B and B2C platform, an indicative average term is indicated based on the article's history.
3.13 On the B2C platform, the delivery period is indicated from the date of payment of the order.
3.14 Orders on the B2B platform composed of unavailable items and items in stock will be shipped only with items in stock, following the unavailable items in a next order, unless the customer expressly indicates otherwise, in the remarks field. These changes may change the value of the respective postage.
3.15 Orders on the B2C platform composed of unavailable items and items in stock will be shipped only after all items are available, if not, the customer must place separate orders.
3.16 TOPECA reserves the right to refuse orders, whenever they are composed of products that travel alone or when it is not possible to guarantee the delivery of small quantities in good condition. These products are fragile products, such as ytong, glass block, plaster products, extremely light products such as eps, xps, mineral wool, those that are longer than 2.5m such as profiles, plaster moldings or all kinds of boards.
4. Prices
4.1 The prices in force are those shown on the B2C and B2B platform at the time of ordering, expressed per unit of measure (kg, litre, linear meter, m² or other unit). Until the time of payment, B2C orders may be subject to price changes, which may void the existing order. It is up to TOPECA to accept or not the order.
4.2 The prices indicated on the B2C platform already include VAT at the legal rate in force.
4.3 The prices described on the B2B platform do not include VAT, the same being applied at the end of the order.
4.4 The applicable discounts, if any, are available in the customer's reserved area on the platform and are valid only for each order placed and for the existing stock.
4.5 Discounts may also be applied to the prices shown, through the introduction of a password or coupon, referring to ongoing campaigns.
4.6 The prices described for the products on the platform do not include transport, insurance, customs and maintenance costs to the destination.
4.7 The price list appears on the platform, and TOPECA reserves the right to review and update it at any time, without any prior notice.
4.8 Pallets are considered lost tare.
5. Payment Terms
5.1 All orders placed on the B2C platform are paid in advance, by ATM. In all other cases of cash sales, payments are made on the spot and upon delivery of the goods or upon collection of the same at TOPECA's premises, in cash, check (after acceptance by the Finance Department), by bank transfer or ATM
5.2 Only B2B customers can have access to credit sales, subject to authorization from TOPECA's Financial Department.
5.3 On the B2C platform, the value of the order after it is completed is the final price to be paid and cannot be subject to any discount.
5.4 In all other cases (other than the B2C platform), in advance payment will be granted a financial discount of 5.00% and in cash payment will be granted a financial discount of 3%, except for specific conditions of sale duly stipulated.
5.5 Orders placed exclusively through the customer's reserved area on the B2B platform automatically benefit from a 1.00% discount. For the attribution of this discount, orders must not be subjected to any administrative treatment by TOPECA.
5.6 After the due date of the invoice, the amount owed will immediately accrue late payment interest at the supplementary commercial interest rate applicable to commercial transactions.
5.7 In cases of credit sales, Topeca remains the owner of the products sold, until their full payment, reserving the right to oblige their refund, in the event of non-payment within the due dates of the invoices (provided that the products remain in the same condition in which they were delivered).
5.8 TOPECA also reserves the right to refuse orders, bring forward the date of payment of orders or the due date of invoices, as well as partially or totally suspend the supply of products, without prior notice, under the terms of the law and whenever non-compliance with any of the General Sales Conditions, namely, delay in the settlement of invoices or debits, lack of ability on the part of the customer to ensure correct use, resale, distribution and after-sales service, non-compliance with the credit limit granted, well-founded fear of the customer's non-solvability or credibility.
6. Deliveries
6.1 For Mainland Portugal, the Azores and Madeira Archipelagos, the delivery service is invoiced based on the transport table, the remaining cases being subject to budget.
6.2 When placing your order, the computer system automatically displays the total amount of postage payable.
6.3 TOPECA reserves the right to refuse to provide the delivery service of orders composed of products that are difficult to handle, because it is not possible to palletize or because their reduced/excessive quantities compromise the delivery of products in good condition.
6.4 The delivery service is subject to the availability of vehicles and products, and partial delivery of orders may take place.
6.5 Regardless of the value of the order, the delivery service with manual unloading or with crane truck is invoiced based on prices previously quoted and communicated to the customer.
6.6 Orders from B2B customers, unless otherwise stated, will be delivered to the customer's warehouse, except when the customer's address is outside the territory of Portugal.
6.7 Orders from B2C customers will be delivered to a Delivery Point selected by the customer or another location that may be agreed with TOPECA.
6.8 TOPECA is not responsible for any delays in deliveries, caused by force majeure or unforeseen circumstances, such as breakdowns, strikes, etc..
6.9 Outside the territory of Portugal, the delivery conditions will be negotiated and established in writing in the Particular Sales Conditions.
6.10 When transport is carried out by the customer or by an intermediary hired by him, the products are his responsibility, after leaving TOPECA's facilities.
6.11 TOPECA reserves the right to change the delivery conditions, in specific, duly justified cases.
6.12 It is the customer's responsibility to ensure adequate means of unloading. Whenever the place of unloading is difficult to access, the client will have to provide all the necessary resources to guarantee the unloading of the material. TOPECA reserves the right to charge reshipment costs.
6.13 The delivery service makes the order available outside: at the door of the building, or at the gate in the case of a villa, assuming the absence of access constraints.
7. Complaints
7.1 Within the scope of its Quality Management System, TOPECA evaluates and processes customer information and complaints, according to a set of procedures and originating from its official channels (email, telephone, official website). This system guarantees strict monitoring of the process, as well as the pursuit of customer satisfaction.
7.2 The characteristics and colors of the products available on the website, catalogues, technical sheets and on the packaging do not release the customer from carrying out their own tests and trials.
7.3 TOPECA is not responsible for cases of product color variation, caused by partial orders or different batches, for the same work or work cloth. In this way, the ordering of colored articles must always be carried out taking into account all the quantities necessary for the execution of the work or work cloth.
7.4 TOPECA's contractual liability is always limited to the value of the supplied products.
7.5 TOPECA's contractual liability ceases if the claim is not submitted, in writing, within a maximum period of 14 days or on the first following business day, if the period ends on a Saturday, Sunday or public holiday, counting from the delivery date, except for cases expressly authorized by TOPECA.
7.6 Acceptance of a claim does not constitute justification for non-payment of overdue invoices by the customer.
7.7 Returns of made-to-order products, which are manufactured or purchased exclusively to satisfy the customer's request, are not accepted.
7.8 In other cases, returns will only be accepted within 14 days or on the first following business day, if the period ends on a Saturday, Sunday or holiday, counting from the delivery date and expressly authorized by the TOPECA Commercial Department.
7.9 All returns must be accompanied by a return note, which mentions the invoice or delivery note number, without which they will not be accepted.
7.10 TOPECA is not responsible for any direct or indirect damage caused by the supplied products.
7.11 If the customer detects any anomaly in the order (defect, damaged pallets, etc.) or in the quantities supplied, he must express it in the carrier's guide and communicate it to TOPECA within 1 day after delivery of the products.
7.12 In case of complaint, it must be formalized in writing and contain the data of the label or printed packaging, such as the date of manufacture, package number and other identifying elements of the product(s).
7.13 No return or claim will be accepted without the prior written consent of TOPECA.
8. Warranties
8.1 The features and characteristics of the products described in the technical and commercial documents, as well as on the packaging, correspond to average values, obtained under laboratory conditions, in accordance with product standards and specifications and which may be altered by the conditions of use on site.
8.2 The above mentioned instructions for use only constitute general indications, which vary according to the product, working methods and the context of the work.
8.3 TOPECA cannot be held responsible for bad results obtained with its products, when subjected to improper use, disregarding the instructions for use, the rules of art or the prescriptions contained in the technical documentation.
8.4 In case of doubt, the user is responsible for carrying out previous and sufficient tests or contacting the TOPECA Technical Department. The recommendations and advice provided by TOPECA cannot be substituted for those described and prescribed by the owner of the work for a specific work.
8.5 The shelf life of the products is clearly stated on the packaging.
8.6 TOPECA guarantees the conformity of its products based on the established specifications.
8.7 Products with hazard symbols are classified as hazardous. Always consult the product data sheet at www.topeca.pt, carefully read the instructions on the packaging, the safety data sheets and follow our instructions. In case of doubt, you should contact TOPECA.
8.8 The price list and platform were created and edited by TOPECA. Reproduction, even partial, of the illustrations, images and texts of this, without our written permission, is prohibited. Non-contractual photos and images.
9. Right of Free Resolution
9.1 The B2C customer is entitled to free termination of the contract to be exercised in writing, within a maximum period of 14 days or on the first following business day, if the period ends on a Saturday, Sunday or public holiday, counting from the delivery date.
9.2 When exercising the right of withdrawal, the customer must refer to the invoice or delivery note, the product, the quantities and the value of the product.
9.3 TOPECA will reimburse the customer within a maximum period of 14 working days, counting from the date of notification of the withdrawal of the contract, suspending the beginning of the period until the effective return of the products.
9.4 The return of the products will be the responsibility of the customer, and this amount will not be refunded by TOPECA.
9.5 If you use the product in any way, the customer will immediately lose the right to free resolution, only being able to examine it under the same conditions as they would have at TOPECA's facilities.
10. Privacy and Security Policy
10.1 TOPECA collects the customer's personal data for the purpose of managing the customer account, invoicing, providing information, as authorized by the customers for this purpose, assuming the commitment of privacy and security in the processing and maintenance of the personal data of each customer, pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (General Regulation on Data Protection). To learn more about our privacy policy, click here.
11. Affiliated domicile
11.1 When contracting with TOPECA, the client expressly accepts that the address provided by him/her be taken as an agreed domicile, for the due legal purposes, consenting that any letters, communications or judicial or extrajudicial notifications, which may be sent to him, be to said address.
12. Applicable Law and Jurisdiction
12.1 The applicable law is Portuguese law.
12.2 "For the extrajudicial resolution of disputes arising from contracts entered into under these General Sales Conditions, the buyer may resort to the Conflict Mediation Center, located at CNIACC - National Center for Information and Arbitration of Consumer Conflicts
Faculty of Law of Universidade Nova de Lisboa, Campolide Campus, 1099-032 Lisbon - Tel.: 213 847 484 - E-mail: [email protected] Web: http://www.arbitragemdeconsumo.org."
12.3 In case of legal proceedings, the jurisdiction of the Judicial District of Ourém will be competent, with express waiver of any other.
13. Changes and Term
13.1 TOPECA reserves the right to proceed unilaterally and without any prior notice to change or revoke these General Sales Conditions.
13.2 The provisions set out in the General Sales Conditions may only be removed by a written document signed by both Parties.
13.3 These General Sales Conditions enter into force on May 1, 2021, expressly revoking the previous ones.
14. Applicable Law
14.1 In everything that is not properly provided for in these General Sales Conditions, the procedural and substantive legal provisions in force will apply, in particular, Directive 97/7/EC of the European Parliament and of the Council, of 20 May 1997, Decree-Law no. 24/2014, of 14 February and the Civil Code.