1 - Scope and Object of the General Conditions of Sale
a) The present General Conditions, with the order form and the other elements referred, aims to regulate the terms and conditions of the online service of Jonosil, Lda, located in Águeda, under the registration number 337, and the legal entity identification n. 500157316, with a capital share of 315000€, hereinafter designated as Jonosil.
b) The service consists on making our products available, through our website and online store address jonosil.com, where we supply information regarding them and the user can order them electronically in the terms and conditions described.
c) Any order must be submitted by users older than 18 years old (under age users must have their representatives authorization). All the elements and information given by the user shall enjoy full legal effects, acknowledging the user in electronic transactions, and the lack of signature may not be claimed to justify the failure to meet the obligations assumed.
2 - Products and Content Information
a) Jonosil will make sure the information is presented with no spelling mistakes, correcting them as soon as they are identified. Should you purchase a product that has different characteristics to those presented online, you have the right to withdraw from the purchase contract in accordance with the applicable legal terms (right of free withdrawal - see Guarantees).
b) Jonosil will put a real effort to ship all the products ordered, but it is possible that in certain cases, due to causes which are difficult to control by Jonosil, such as human errors or incidences on computer systems, some of the products ordered by the user cannot be made available. If any product is not available after placing the order, you will be notified, either by email or telephone. At that moment you will be presented with the possibility of cancelling the order with refund, if you have already paid.
c) All the information on prices, products, specifications, promotions and services may be modified by Jonosil at any time.
3 - Responsibilities
a) All products and services sold on Jonosil's website, are in accordance with the Portuguese Law.
b) The online store has the security levels. However Jonosil will not be held responsible for any damages suffered by the user, as a result of delays, interruptions, errors and suspensions of communication originated by factors beyond its control, namely, any defects or failure caused by the communication network or communication services provided by third parties, the computer system, modems, connection software or any computer viruses coming from downloading the service of infected files or containing the viruses or other propertied that may damage the user’s equipment. If for any reason of access error to the website of the online store it is impossible to provide the service, Jonosil will not be responsible for any damages.
c) Jonosil will not be held responsible for any losses or damages caused by misuse of the Service which are not directly attributable as a result of intent or serious misconduct.
d) Jonosil is not responsible for damages or injury resulting from the non-performance or defective performance of the Service when these are not directly attributable as a result of intent or serious misconduct, not taking responsibility in particular by (1) errors, omissions or other inaccuracies concerning the information made available through the Service; (2) damages caused by the user or third parties’ fault, including intellectual property violations; (3) for non-compliance or defective compliance resulting from the occurrence of situations of force majeure, that is, situations of an extraordinary or unforeseeable nature, external to Jonosil, which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, earthquakes, floods or other natural disasters or other situations beyond the control of Jonosil, which prevent or hinder the performance of the obligations undertaken.
e) Jonosil does not guarantee:
1) The service is provided uninterruptedly, is safe, error-free or operates infinitely;
2) The quantity of any product, service, information or any other material purchased or obtained through the online Service fulfils any expectations of the user regarding it;
3) Any material obtained in any way through the use of the Service is used at the risk and expense of the user, who is the only responsible for any damage caused to his/her computer system and equipment or for any loss of data resulting from such operation.
4) No advice or information, whether oral or written, obtained by the user from or through the Service will create any guarantee that is not expressed in these General Conditions.
5) The user agrees that Jonosil shall not be liable in any way for any damages, including but not limited to damages for loss of profits, data, content, or any other losses (even if the user has previously been advised of the possibility of such damages), resulting from:
a) the use or inability to use the Service;
b) the difficulty to obtain any substitute of goods/services;
c) the unauthorized access or modification to personal database;
4 - Consumer’s Obligations
The user undertakes to:
i) Provide correct personal information and address;
ii) Not to use false identities;
iii) Respect the order limits imposed;
- Should any of the data be incorrect, or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the user, and Jonosil declines any responsibility. In case the consumer violates any of these obligations, Jonosil reserves the right to eliminate future purchases, block the access to the shop, cancel the supply of any other services simultaneously made available by Jonosil to the same user; and not to allow the future access of the user to any or all services made available by Jonosil.
5 - Online Orders Cancellation
a) The user may cancel his/her order requesting it from Jonosil through telephone or email, stating the order number, which will be accepted as long as the order has not yet been processed. After the order’s processing, Jonosil will try to deliver it but the user may not accept it.
In order to cancel the order, the user must indicate the following data to Jonosil:
- Order number.
- VAT with which you made the order and delivery address.
b) By decision of Jonosil: Jonosil reserves the right not to process orders, when it verifies some inconsistency in the personal data presented or observes misconduct on the part of the buyer. Jonosil reserves the right not to process any order or refund in case of errors in the prices and/or characteristics of the products, when these result from technical problems or errors beyond Jonosil's control.
6 - Returns (Right of Resolution)
1) The consumer may exercise his right of resolution without compensation within a period of fourteen (14) days from the day on which he acquires physical possession of the goods.
To exercise this right, the user may use the form indicated below, indicating all his/her identification details, the subscribed service he/she wishes to terminate and the date of subscription. The communication must be made, by letter, through the return of the goods purchased, or by other appropriate means and susceptible to proof within the period defined above.
The consumer must return the goods to Jonosil under appropriate conditions of use within fourteen (14) days from the date of resolution.
Free Resolution Form:
Insert name, geographical address and, eventually, email address;
I hereby give notice that I am withdrawing from my purchase contract in respect of the following property ______ requested on _____ received on_______ .
The packaging must be returned complete, as delivered with all the documentation received, in particular the following documents: the sales invoice, the document proving receipt of the product, as well as its packaging. The packaging and the documents indicated must be sent free of charge to the following address:
Jonosil – Indústria e Comércio de Ferragens, Lda.
Marco da Raposa – Zona Industrial EN1 Norte – 3750-909 Águeda
2) Upon receipt of the returned goods at Jonosil, the amount corresponding to the amount paid for the order (sales invoice value) will be returned to the user. If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
3) The method of refunding the amount to be returned depends on the payment method used in the respective order. For credit card and Paypal payments, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the bank account indicated. Otherwise, the refund is made by cheque to the billing address. The refund is made up to 14 days after receipt of the free resolution and the return of the goods.
4) In the absence of any of the components of the item sold, or if it is not in excellent condition, there will be no refund of the amount paid or postage, and the product will be re-shipped to the original shipping address.
7 - Manufacturing Defect
a) In case of a "manufacturing defect", i.e., when faults are detected in the equipment that are not within the scope of the respective guarantee, the user must return the equipment, together with a copy of the invoice and the form "request for exchange / return of equipment" completed, within a maximum of 30 days from the date of invoice, to the following address:
Jonosil – Indústria e Comércio de Ferragens Lda.
Marco da Raposa – Zona Industrial EN1 Norte – 3750-909 Águeda
If the user chooses other forms of return, he must ensure that the packaging is complete (box, Instruction Manual, guarantee certificates and accessories) containing all the components that constitute it in excellent condition.
b) Should any of the elements previously mentioned be missing, or in case any of the components is not in excellent condition, no exchange will take place and the product will be sent back to the user.
8 - Guarantee
a) The products and accessories have a warranty period defined by the manufacturer, which in legal terms is of at least two(2) years.
b) Products which have exceeded the period defined by the manufacturer or are defective due to abnormal wear, improper installation, bad weather, negligence or accident, poor handling, infiltration of moisture/liquid, use of accessories not of their own are considered to be outside the guarantee conditions.
c) Products covered by the guarantee which break down must be sent, with proof of purchase, to the following address:
Jonosil – Indústria e Comércio de Ferragens Lda
Marco da Raposa – Zona Industrial EN1 Norte – 3750-909 Águeda
9 - Intellectual Property
a) The shop is a registered site and the service provided by the site itself is Jonosil’s responsibility.
b) The user acknowledges that the service contains information and id protected by author’s right, industrial property and other applicable legislation.
c) The user acknowledges that any content appearing in the advertising, highlighting, promotion or mentioning of any sponsor or advertiser is protected by laws relating to related rights, industrial property laws and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners.
d) The user agrees to respect the rights referred to in the preceding paragraph, namely by refraining from any acts that may violate the law or the above-mentioned rights, such as the reproduction, commercialisation, transmission or making available to the public of these contents or any other unauthorised acts that have the same contents as their object.
10 - Security Conditions of the Online Service
a) The user undertakes to observe all applicable legal dispositions, namely, not to practice or comment on the practice of illicit or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spam) in violation of the dispositions of the applicable legislation for the processing of personal data and advertising communications through automatic calling devices, and also to observe the rules of use of the service, under penalty of Jonosil suspending or deactivating the service under the terms foreseen in the section on technical configurations.
b) The user expressly acknowledges and accepts that the IP network constitutes a public electronic communications network susceptible to use by several users, and as such subject to computer overloads, and therefore Jonosil does not guarantee the provision of the service without interruptions, loss of information and/or delays.
c) In case of interruption of the service due to unpredictable overload of the systems it supports, Jonosil commits to regularize its operation as soon as possible.
11 - Suspension and deactivation of the online Service
a) Regardless of any prior or subsequent communication, Jonosil may, at any time and at its sole discretion, discontinue the availability of the online service and or part of the services to one or all users.
b) Jonosil reserves the right to immediately suspend or cease the service, in the following cases:
1) When the user does not comply with the conditions of use referred to in point 4 - "obligations of the consumer" and others referred to in the general conditions.
2) The suspension or termination of the service by Jonosil, does not matter the right of the user or any third party to any compensation or other indemnity, and Jonosil cannot be held responsible or in any way burdened for any consequence resulting from the suspension or cancellation of the service.
3) The situations described above will be previously communicate to the user by Jonosil so that he/she can, if he/she wishes, safeguard the content of his/her order viewing area within 3 (three) working days of sending by e-mail or making the information available on the main page of the service.
12 - Communications
1) Without prejudice to other forms of communication contemplated in these general conditions, notifications made to the user relating to the service, including any changes to these general conditions, may be made to the user's e-mail address, by SMS or telephone.
2) The user accepts to receive all and any communication and/or notification relating to the online shop to the address, telephone number and/or email address provided in the order process.
At any time, you may request not to receive these communications and/or notifications through the contact form or through the option "do not receive the Newsletter" registered in each Newsletter.
13 - Technical Configurations
1) Without prejudice to the following paragraph, Jonosil may change the service and/or the technical conditions of its provision, as well as the respective rules of use, and shall disclose such changes to the user at least 15 (fifteen) days in advance.
2) The current version of these general conditions and their annexes is available at www.jonosil.com.
14 - Upgrade and Service Optimization
1) Whenever Jonosil deems it necessary or convenient to optimize the navigation experience and/or improve connectivity conditions, it may remotely reformulate network configurations.
2) Without prejudice to the following paragraphs, and taking into account the innovative nature of the service and the technological developments to which it may be subject, Jonosil may change its technical configurations whenever it deems appropriate to adapt it to possible technological developments.
3) Jonosil does not guarantee, however, that the user will make any upgrades or improvements to the online service.
15 - Complaints
1) The user may submit any contractual disputes, to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Jonosil of any acts and omissions that violate the legal provisions applicable to the acquisition of goods.
2) The complaint must be submitted within a maximum period of 30 (thirty) days, counting from the user's knowledge of the facts, and it must be registered in the information systems of Jonosil, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of its receipt.
16 - Applicable Law
The contract is subject to the Portuguese law.