Termos e condições gerais
General Terms & Conditions for Individual Customers
(Updated: April 2012)
When submitting an order to www.ambicentro.com, you are about to enter into a contract. After you have submitted your order online, ambicentro.com will confirm the receipt of your order immediately by email. However, any order confirmation by ambicentro.com does not constitute a legally binding contract: the contractual agreement becomes legally binding at the time you have received the items you have ordered from ambicentro.com, and at the time the services you ordered have been provided by ambicentro.com.
2.1: The present Terms & Conditions shall apply to all claims asserted by either you or ambicentro.com as a result from a contract between the two parties. Claims arising in conjunction with services provided by ambicentro.com that do not include the delivery of goods are governed by the specific Terms & Conditions of each individual service.
2.2: In cases in which the Terms & Conditions of individual services provided by ambicentro.com should conflict with each other, the following order of precedence shall apply:
I. Terms & Conditions for Individual Services, superseding
II. the present General Terms & Conditions, superseding
III. Statutory Rule
3. Contracting Parties
All contractual agreements entered into in accordance with the present Terms & Conditions will be between
3.1: VIDAM, Ltd., 6 de Outubro, Soutelo, 4730 -570 Vila Verde, registered in the Commercial Register of Vila Verde under the registration number 648/981123, and legal person VAT PT504 292 927.
SoTermsotatos.com is registered under the "Rules for registration of domains / subdomains. Com", and belongs to its management, the company VIDAM, Ltd., with headquarters in October 6th Street, Soutelo, 4730 -570 Vila Verde, registered in the Commercial Register of Vila Verde under the registration number 648/981123 and legal person VAT PT504 292 927. We will now be called only by ambicentro.com.
3.2: individual customers who must be 18 years of age, legally competent. If ambicentro.com should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, ambicentro.com reserves the right to terminate.
4. Object of The Contract
ambicentro.com shall deliver the item(s) ordered by you and provide the service(s) requested by you and agreed to between the both parties, respectively. All objects of the contract are subject to the statutory rights. If you exercise your right to cancel an order by returning an item within the contractually agreed period, ambicentro.com shall store-credit any payments received or, if you should request it, shall alternatively reimburse you via BACS or by cheque. For purchases or services financed by loans, see Article 5.5 of the present Terms & Conditions.
5. Your Right To Cancel
5.1: You can cancel your order without giving a reason within a time period of fourteen (14) days by email, letter or fax, or, and in the case your order has already been delivered to you before the end of the notice period, by returning the items to us. The notice period commences at the time you receive the notification about your cancellation rights, or on the date your order has been delivered, whichever occurs first. However, this does not affect your statutory rights. To cancel your order please contact
Rua 6 de Outubro, Nº 120
4730-570 Vila Verde
E-mail: [email protected]
5.2: Providing the items are returned complete (including all accessories, if applicable) and in mint condition, you will receive a refund within 30 days. Items returned incomplete, damaged or in used condition may lead to the refund revised accordingly, to compensate for the depreciated value. However, this does not affect your right to examine and test the delivered items upon receipt, i.e. as you would in a store. If the accumulated size or weight of the received items prevents returning these items via standard mail, courier or parcel carrier, please notify us in writing within a period of fourteen days after receipt of the goods. If you return an item to us, you agree to pay the cost of return delivery,
a. if the received items were in a condition "as described" and the cost of return delivery does not exceed €40.-;
b. if full payment for the item is still outstanding.
Otherwise, ambicentro.com will pay the cost of return delivery.
5.3: The right to cancel does not apply to:
a. Custom-made items – items which are tailored to your own specifications;
b. Items that by reason of their nature cannot be returned;
c. Perishable items - items past their expiry or sell-by date;
d. Sealed items which have been unsealed, such as audio or video recordings or PC software;
e. Newspapers, periodicals or magazines, unless the subscription has been purchased by phone.
5.4: If you are returning items with integrated data storage systems (such as PCs, laptops, memory sticks, mobile phones etc, please remember that you are solely responsible for any information you stored on these devices. Make sure you transfer all relevant information/make back-up copies and delete all personal information (in particular, personal information of any third party) prior to returning the item to ambicentro.com. If deleting personal information stored on items to be returned to ambicentro.com is prevented by the item in question being faulty, please state this clearly on the return slip.
5.5: If you cancel an order financed by a consumer finance loan, you will also be released from the loan contract if both purchase and financing are governed by a single contractual agreement. In general, this applies when ambicentro.com has been the lender, or when the loan has been mediated by ambicentro.com. If your order is financed by a loan from a third party lender and ambicentro.com should already have received the loan amount from your lender at the time you decide to cancel your order, the third party lender shall constitute an additional contractual party. If you would like to avoid any long-term financial contractual obligation, please exercise your right to cancel and also cancel any related loan agreement, if applicable.
6. Costs of Return Delivery Agreement
In the case you are exercising your right to cancel an order and return the purchased item, you agree to pay the cost of return delivery of the items delivered fully conform with the items ordered and the item value does not exceed the amount of €40.-, or if an agreed part payment for an item sold at a price exceeding €40.- has not been made. Otherwise, the cost of return delivery will be borne by ambicentro.com.
7. Limited Availability of Items or Services
In the case of items or services not being available at ambicentro.com any longer at the time your order has been received, ambicentro.com shall immediately reimburse any payment you made. ambicentro.com reserves the right to offer you items and services matching the quality and price of the originally order. However, you are under no obligation to accept these items and services, respectively. Under these circumstances, the cost of returning the items will be borne by ambicentro.com.
8. Price / Conditions of payment
8.1: A flat rate of €5.95 for shipping your item(s) will be added to all orders with a total order value of less than €300.-. If you order online, the total amount due displayed on the checkout page will include the shipping rate .
8.2: Orders with a total order value of €300.- or more qualify for free delivery. Deliveries of items marked as bulky goods will incur an additional charge. However, the amount will be clearly stated on the relevant product page.
8.3: If you requested your items to be delivered overnight/by express carrier and do not receive your order within the agreed time period, you are entitled to cancel the order by returning the items to ambicentro.com. However, ambicentro.com shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding a replacement item) suffered or incurred by you as a result of you item(s) not being delivered in time.
8.4: ambicentro.com shall ensure a smooth and timely delivery of the items ordered. If items that form a part of a delivery are not available for immediate dispatch, ambicentro.com will split the order into separate deliveries, with the items shipped at the earliest moment possible, and with no postage costs incurred.
9. Pricing & Payment Conditions
9.1: Prices quoted in our catalogues and on our leaflets released to individual customers represent the total amount due at the time of the purchase , including VAT charge at the rate valid on the day the catalogues/leaflets are published. If VAT should increase after the release of our catalogues/leaflets, ambicentro.com is under legal obligation to implement the VAT increase.
9.2: Item prices quoted in ambicentro.com catalogues and on ambicentro.com leaflets released to retailers and business customers represent the net amount excluding VAT.
9.3: For online purchases via the ambicentro.com webpage, the prices detailed on the relevant product information pages apply.
9.4: ambicentro.com may limit the payment options available to individual customers entirely at its discretion. This includes asking for advance payments, cash on delivery or instant payments at the time the order is processed.
10. Retention of Title
10.1: Title to any items or services shall remain vested in ambicentro.com and shall not pass to the customer until the purchase price for these items or services has been paid in full and received by ambicentro.com.
10.2: Any replacement items provided by ambicentro.com shall remain vested in ambicentro.com until the item has been received by the customer. Upon receipt, the item shall become the property of the customer.
10.3: Any items returned by the customer shall remain vested in the customer until the item has been received by ambicentro.com. Upon receipt of the returned item, the item shall become the property of ambicentro.com.
11. Guarantees & Warranty
11.1: ambicentro.com shall ensure that all items are of satisfactory quality, fit for purpose and as described at the time the items are dispatched.
11.2: In the case an item should prove damaged or faulty (including damage incurred during the delivery process) upon receipt, the customer shall notify ambicentro.com at the earliest moment possible after the item has been delivered. However, failing to do so does not affect the customer's statutory rights.
11.3: ambicentro.com provides a 2-year guarantee on all new items, and a 1-year guarantee on items labelled as generally refurbished or as extensively overhauled. The guarantee period commences at the delivery date.
11.4: In the case of the delivered item being faulty or damaged, ambicentro.com shall either repair the item or provide the customer with a replacement item, depending on the customer's preference. However, ambicentro.com reserves the right to reject one of the previous options, if either replacement or repair would incur excessive costs. Furthermore, if ambicentro.com is unable to repair a faulty item after a second attempt, the customer shall be entitled to either demand a replacement item, ask for a reduction of the purchase price, or cancel the order. However, this shall not affect the customer's statutory rights.
11.5: All claims for damages as a result of faulty items are subject to statutory right.
11.6: ambicentro.com shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the customer. For claims with regard to item damage or failure that occurred more than 6 months after the delivery date, the customer must provide evidence that damage or item failure were neither caused by inappropriate handling nor by overuse.
11.7: Items purchased together with a 48-months warranty are subject to the statutory rights outlined in Article 434 BGB, including extended consumer protection. Furthermore, in this case, the rule of reversed burden of proof does not apply.
12.1: ambicentro.com is not liable to you (or any other parties) for:
a. any loss or damage which was not caused by our breach of a contract or our breach of our legal duty of care;
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time ambicentro.com and you entered into the contract, either (I) such loss or damage was contemplated by ambicentro.com and you, or (II) you notified ambicentro.com that the loss or damage may occur if ambicentro.com breached the Contract or ambicentro.com's legal duty of care;
12.2: With respect to each contractual agreement, our entire liability to you if we are in breach of that contract or in breach of a legal duty of care in connection with that contract will be limited to the total price of the products or services ordered by you (as applicable) under that Contract;
12.3: ambicentro.com shall not be liable to you (or any other parties) for any damage or loss of income, business or profits as a result of the loss, corruption of, or damage to, data, unless you are able to provide evidence that you have backed up your data at least once every day. In this case, ambicentro.com's liability is limited to the obligation of reconfiguring your system by using your back-up copy.
12.4: Nothing in these Terms & Conditions shall affect ambicentro.com's liabilities under the Consumer Protection Act.
12.5: Nothing in these Terms & Conditions shall exclude or limit ambicentro.com's liability for (i) fraud; (ii) death or personal injury caused by Sony's negligence; or (iii) liability which may not be excluded or limited under any applicable law.
13. Applicable Law & Jurisdiction
13.1 All contractual agreements between ambicentro.com and its customers shall be governed by and construed in accordance with the laws of the Republic of Portugal. Both ambicentro.com and its customers irrevocably submit to the exclusive jurisdiction
of the Court of Braga (Portugal) for the determination of disputes arising under any contractual agreement.
13.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
13.3 Section 13.1 does not affect the statutory rights of customers who are permanent residents of countries other than Portugal, if the agreement between ambicentro.com and customer governs the purchase of items or services for personal use only. Furthermore, Section 13.1 does not affect the statutory rights of customers with permanent residence in a country other than Portugal, if the agreement between ambicentro.com and customers governs the purchase of items intended for retail or reselling, and the customer has successfully obtained full legal permission from the authorities of his/her country of residence prior to the agreement.
13.4 If any provision of these Terms & Conditions is held unenforceable, then such provision will be modified to reflect the intention of both parties. All remaining provisions of the present Terms & Conditions shall remain in full force and effect.
14. Intellectual Property Rights
Unless stated otherwise, all content of this webpage and all content released or published by ambicentro.com online or in catalogues, leaflets, flyers or any other form of printed matter is copyright © of ambicentro.com. Any redistribution or reproduction of part or all of the contents is prohibited other than printing or download to a local hard disk extracts for your personal and non-commercial use, e.g. during browsing our webpage or when purchasing an item. You may not, except with our express written permission, distribute or commercially exploit material copyrighted by ambicentro.com. No trademarks of ambicentro.com may be used without the prior written consent of ambicentro.com.
15.1: The use of any personal information will be strictly limited to ensure a timely processing of your order and the smooth delivery of the purchased items. ambicentro.com will use any personal information you provide in full compliance with the Federal Data Protection Act (BDSG) and the and the Federal Telecommunications & Media Act (TMG) .
15.2: Credit checks on behalf of ambicentro.com are carried out by EU-companies. The companies provide ambicentro.com with credit-related information, such as customer address information and credit scores for individual credit-worthiness, with the latter also including secondary data generated by mathematical-statistical analyses.
However, both credit rating agencies will only provide ambicentro.com with customer-related credit ratings if ambicentro.com has been able to present sufficient evidence to justify a credit check in the first place.
15.3: Unless you object, your personal information may be used to send you news and information about our products and services and general promotional material which we believe may be of interest to you. However, the use of your personal information in this context is limited to VIDAM and VIDAM subsidiaries. We will not pass on personal information to any other third party. To object, please notify us by email ([email protected]), in writing (send letter to: VIDAM, Lda., ambicentro.com Customer Support, Rua 6 de Outubro Nº 120, Soutelo, 4730-570 Vila Verde), or by fax (+49 9604 40-8812).
15.4: ambicentro.com will not sell, distribute or lease your personal information to third parties.