1. Application of the General Terms and Conditions of Sale
The general terms and conditions of sale detailed below only govern the contractual relationship between the User of eclo.pt and the Client (hereafter referred to as You, User ou Client) and the trader company Eclo Ltd, whose headquarters is situated at Tv. Venceslau de Morais, 4-1B 2400-260 Leiria (Portugal) and registered on the register of companies and commerce in Leiria under the number 8792, VAT registered PT506337936. Both parties accept these conditions unreservedly. These general conditions of sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written prior dispensation. We maintain that, by confirming your order, you unreservedly accept our general conditions of sale, having read them. These Terms and Conditions of Sale are important to you and Eclo as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create an understanding between us.
2. Prices and Discounts
The products sold by ECLO are billed in Euros without tax for companies outside of Portugal (for European Community companies under the condition that you provide us with a conforming inter-community VAT number: see Article 18), at the price quoted on the day of the registration of the order by ECLO. It does not include delivery charges, under the condition that the delivery is not prolonged by the Client. ECLO reserves the right to modify its price at any time and in compliance with current laws. For the European Union, prices shall appear in Euros on the Site as well as in the currency of the destination country. In certain cases, products supplied in a currency other than the Euro, and with a trading variation superior to 3%, may have that variation reflected on the date of invoicing.
After acceptance of ECLO’s present general conditions of sale, and acceptance as evidenced by voluntarily ticking the box attesting to the fact that the Client has read and approves of the said conditions, all ECLO clients can benefit from discounts, with the discount rate varying in relation to the product ordered.
The applicable discounts depend on the number of items you purchase. Discount percentages are displayed on each product's page. The discount percentages applicable are those displayed on the site at the time you place your order.
Please note that discount percentages on all products are variable throughout a product’s lifetime. The discount percentages applicable are those displayed on the site at the time you place your order.
3. Payment Conditions
Except in special conditions requiring a special agreement, ECLO's payment conditions are as follows:
a) Order payment by credit card
b) Order payment by wire transfer
c) Payment should be made 30 days after the invoice date and is subject to conditions and preliminary agreement from the accounts services.
Any of these payment options must first be authorised by ECLO's financial department.
Order with total under 500 EUR do not benefit from special payment conditions under no circumstances.
Some payment option may incur in additional fees.
4. Availability of products
Our products are offered while supplies last. The information on the availability of products comes directly from our suppliers and is provided to you at the moment an order is put through. We cannot be held responsible for any error or exceptional modification.
In the event that a product is not available after you have placed an order, we will inform you by email as quickly as possible so that you may cancel your order is said order is over 15 business days late.
5. Shipping – Delivery – Delivery Charges
The client decides on the mode of delivery. The risks associated with delivery are the responsibility of the client.
For mainland Portugal there is available the cash on delivery option. Payment will be made in cash at the time of receipt of your order. This service will be billed an additional cost of 3 EUR.
The Client must, as of reception, inspect the parcels within the legal time frame. Please note, conditions such as "acceptance conditional upon verification" or "acceptance conditional upon opening of wrapping” have no legal value with insurers or with transporters.
It is the Client’s responsibility to provide proof of missing or broken articles.
ECLO will strive to respect the stated delivery times, but cannot be held liable for interest and damages because of late delivery and cannot accept the cancellation of an order on that basis. An order made for articles not in stock may be the object of a longer period of delay of which the Client will be notified of.
6. Claims
If the products received do not conform to the invoice, the Client must advise ECLO immediately, or at the latest three days beginning with the date the order was received. A copy of the invoice must be attached to the Client’s claim. Any claim based on the quality of a product must be accompanied by a specimen of said product containing the flaw as well as a sample still in its original packaging with the appropriate reference numbers for identification.
No claims will be processed that do not adhere to the above conditions.
7. Returns
Products must be returned in perfect condition, carefully packaged in their original state, with all of their accessories (e.g. CD-ROM, cables, user guides, etc.) and without any modifications to their reference and serial numbers. They must have their labels intact, along with any stamps or marks required for resale. Products must be returned to ECLO address. Products must also be accompanied by a Return Note and be sent by recorded delivery (mail or carrier company), regardless of whether they are the subject of a refund or a return to the After-Sales Service. If a product is returned without prior written authorisation from ECLO, it will be automatically sent back to the Client at their expense.
8. Guarantees
Products sold by ECLO benefit from a guarantee against manufacturing defects for one year as of the date of delivery for the goods sold. (Community directive n°99/44/EC dated May 25, 1999, relative to certain aspects of sales and guarantees for consumed goods)
Return costs incurred during transit are to be covered by the customer.
The product should be returned by the registered mail or other carrier company. When your product is returned, ECLO will take care of ensuring that it is repaired or replaced. Any returned product must be accompanied by a copy of our invoice and Return Note.
The guarantee does not apply when malfunctioning results from damage caused by exterior elements, accidents (notably electrical, physical damage, misuse etc.) any actions that are against the manufacturer specifications and instructions.
The guarantee conditions also exclude all products that have been modified or repaired by the customer or a non-authorised repair centre.
In case where the warranty is not applicable for the reparation, the manufacturer will quote a price for repair.
The guarantee for products sold by ECLO does not cover:
- the replacement of consumables (batteries, lights, fuses...)
- the irregular usage or non-conforming usage of products.
- malfunctioning due to usage with accessories (power cables etc)
- malfunctioning due to repairs effected by non-authorized personnel
- malfunctioning due to external causes
- malfunctioning due to non-conforming usage of the product
- battery discharge on regular use
ECLO cannot be held responsible for the warranty should the manufacturer not honour the guarantee.
The manufacturer will request administration fees, if the payment for the quotation is refused. In case of approval, a bank transfer in the amount of the quotation must be sent to ECLO.
10. Trademarks
Trademarks owned and distributed by ECLO are protected by current laws and international conventions.
As a consequence, neither Clients nor third parties can use trademarks without the express written consent of the trademark holder. It is understood and agreed that the acceptance of the present General Conditions is not in any way such an authorisation.
11. Insurance
To cover the risk of loss, of theft or other damages in transport that some of the products may be subject to, each party shall make provisions to cover such losses with its own insurance company. The Client can request a shipping insurance at an additional cost.
12. Liability limits
No liability will be accepted for loss or damages, direct or indirect, whatever the cause.
In no case will the Client, for any reason, withhold funds from an invoice for an incomplete delivery or for defective goods.
13. Ownership of Property
ECLO remains the owner of the merchandise delivered until the payment is made in full. A promise of payment is not considered full payment until said payment has actually been processed.
Any damage caused while in the possession of the client, should said client not have paid in full, is his responsibility.
Should the Client deliver merchandise to a third party that has not been paid for, he is advised to immediately inform ECLO.
14. Cancellation of Sale
In the case of non-payment of a delivery after the deadline, the sale shall be considered void eight days after notification by registered letter with proof of reception. ECLO will claim the concerned merchandise without delay, with all associated fees and risks being the responsibility of the Client. Returning said merchandise does not negate the possibility of interest and damages.
15. Late penalties
In accordance with current law, any sums paid after the due date of the invoice as per article 3 of the present document, will be subject to late fees. These fees will be calculated at the legal rate and will be applied retroactively to the date of delivery of the products.
16. In the event of default
Should payment not have been made in full as of the stated deadline, all outstanding sums, regardless of deadline, will be requested immediately.
17. Applicable law – Attribution of jurisdiction
In the event of a failure to amicably resolve payment, all litigation involving ECLO and its Clients will be settled exclusively in the Court of Leiria with the applicable law being Portuguese law. Certain products sold fall under the domain of strategic merchandise and cannot be exported without express written consent from ECLO.
18. Conditions for entitlement to a payment without VAT
If your company is located in an EU country and if you provide ECLO with a valid intra-community VAT number issued in a European Union country in which your company is established, ECLO will not charge you the amount of VAT to your order.
This intra-community VAT number is valid and issued by the country tax authorities. You must know and accept the conditions listed below:
- You represent and warrant that the intra-community VAT number which has given to ECLO corresponds to your company and that the latter is established in a European Union country;
- You represent and warrant that all transactions in your account have been made by his company with the intra-community VAT number that has provided to ECLO;
--You represent and warrant that the intra-community VAT number and all other information you have provided us are updated, are accurate and precise and that we will immediately informed of any changes or updates concerning that information;
- ECLO reserves the right to ask yourself or the competent authorities as the law allows, additional information and confirmation and validation of the information pertaining your order (specifically the intra-community VAT number). You specifically authorize ECLO to collect and to obtain this information from the competent authorities. Moreover, you must provide ECLO any information on your account whenever it is requested to you;
- ECLO will immediately cancel your order if your VAT number can not be validated or failure to provided the necessary supporting documents for VAT exoneration
Important
As a general rule, once their VAT registration number is ongoing validation, no VAT will be charged on the products of your order. Any incorrect information we receive in order to manipulate and reduce the rate of VAT or to benefit from the exemption will result in a complaint to the competent authorities and court proceedings.
19. Commentary, criticism, communication
Any opinions left by eclo.pt Users are screened and moderated by ECLO.
If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Eclo reserves the right to refuse it or to modify it.
20. Protection of personal data
Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order.
By registering on the Site, you agree to provide us with sincere and true information as it concerns you.
Communicating false information is contrary to the present General Conditions as well as the conditions of use listed on the Site.
You have the permanent right to access, rectify and delete all the information that concerns you, in accordance with European texts and national laws in place (article 34 of the law of 6 January 1978). You can at any time make a request to Eclo to find out what personal information they have concerning you. You may at any time, and by request, modify this information. If you accepted to receive our promotional e-mails when you registered on the Site, offers including new items, clearance, exclusivities, good deals etc. will be sent to you. You may at any time request not to receive any further e-mails from us by clicking on the link created for this purpose and inserted at the bottom of each page of our e-mails.
Only Eclo has information regarding you.
If you so accepted as of registration on the Site, Eclo may send you information concerning particular and occasional promotions.
We would like to remind you that cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Before any information is recorded, an alert message will ask you whether you would like to enable cookies, and you may refuse if you wish. Cookies do not contain any confidential information about you.
21. Intellectual ownership
All the content on the Eclo site (illustrations, texts, names, brand names, images and videos) is the property of Eclo, or its supplies or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Eclo.
All information, content, files and software offered by our services is protected by French and International law concerning intellectual ownership and copyright.
Eclo cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Eclo will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
June 2008