GENERAL SALES CONDITIONS
ARTICLE 1 - OBJECT
1. The purpose of these general terms and conditions of sale is to provide and define all the necessary information for the user on how to order, sell, pay and deliver purchases made on the Hilbea website – www.hilbea.pt.
2. These conditions regulate all the steps required to place an order and guarantee the follow-up of this order between the Contracting Parties.
3. These general conditions shall not apply if it is verified, by the type of order, that the User is not a final consumer as defined in paragraph c) of Article 3 of Decree-Law No. 24/2014 of 14th February.
ARTICLE 2 - ORDER
1. The User can place his order through the purchasing process designated on the website as “checkout”, after having used the online device, by selecting “buy” from the online catalog displayed on the HILBEA website;
2. To send his order the User must:
a) Register on the HILBEA website, providing ,for this purpose, the information requested there – see more on this issue in the 2nd paragraph of Article 10 of these General Terms of Sale.
b) “Login” (providing a combination of email and password chosen by the user upon registration).
c) Complete the information and choose the options available during the “checkout” process (delivery and billing address; type of shipping; form of payment, as well as the VAT number and the name that, for tax purposes, you want on the invoice) and read the general conditions of sale on the site and that were sent in pdf format immediately prior to placing the order and save them on the hard drive of your device.
3. The shipment of the order by the User is equivalent to full and complete acceptance of the prices and description of the products available for sale, as well as the general conditions of sale that will be the only ones applicable to the contract thus concluded, so that the pdf file, referred to in paragraph c) of the previous number, should be kept in a safe place on the hard drive of the User’s device.
4. HILBEA will honor orders received online only up to the limit of available stocks. If the product is not available, HILBEA will inform the user as soon as possible, but not later than 30 days.
5. The data on the invoice is the sole responsibility of the user. Once issued, the invoice cannot be reissued with alterations.
6. Orders are valid for 15 (fifteen) days, unless the order is registered under a promotional campaign that sets a different deadline, and it is not possible to guarantee prices, discounts, promotions and offers beyond this period. If payment is not received by our services within this period, the order cannot be validated. Any amount received after this date will be returned through the same means of payment that were used by the User in the initial transaction or by bank transfer, if the means of payment used do not allow it.
ARTICLE 3 - DELIVERY
1. HILBEA offers several types of shipping. At checkout, the types of shipping will be displayed, which the User can select depending on the weight of the order and the place of delivery. You can check the existing shipping types on the page Help / Shipping and Delivery / Shipping Options.
2. Shipping costs vary according to the weight of the order and/or the delivery location and the type of shipping you select. To find out the shipping costs of an order, the User should add to the shopping basket the products he wants to buy and go to the checkout, confirming the amount of shipping costs on the final stage of the checkout.
3. Deliveries are not made to P.O. boxes.
4. On the FAQ section there are the timetables of delivery.These lead times are merely indicative and based on history and contract we have with the courier. Despite the availability period indicated, HILBEA is committed to deliver ordered products within a maximum of 30 days, unless the supplier’s stock is unavailable.
5. HILBEA will always strive to meet the estimated deadlines for delivery. However, foreseeing difficulty in meeting the delivery deadlines, it will inform the User, giving him the option to terminate the contract. By not exercising this right, we assume that the User maintains interest in the order and that he or she consents to delivery beyond that period.
6. To track an order in progress, the customer will receive a tracking link, with the appropriate tracking code, where he can follow the order.
7. To estimate the total time to receive the order, the customer should add the availability of products and the transit time of the shipping option selected at hilbea.com’s checkout:
This formula can be described by:
Total Time to Delivery = Products Availability* + Shipping Transit Time
The transit time shown in hilbea.com’s checkout is subject to delays caused by strikes, riots and other factors beyond the control of the companies concerned.
* Availability of products: Availability of a product is understood as the time period in which the product is again available in stock and in satisfactory conditions for shipment. In an order of 2 or more products with different availabilities, the greater value should always be considered. Availability is only guaranteed for one unit of each product and is always subject to existing stock when payment confirmation is communicated to us. All calculations must be made in business days.
7.1 A product that presents the availability “In Stock” and is shipped through the option Standard Delivery for Continental Portugal.
If your order is successfully paid by 7pm on a working day, the Total Delivery Time is calculated as follows: order preparation on the same working day + dispatch and delivery on the next working day = 1 working day for order delivery after payment validation. If your order is paid after 7pm on a business day, it means that it will be processed on the next business day and the Total Delivery Time is calculated as follows: 1 business day for order preparation + 1 business day for shipment and delivery = 2 business days for order delivery after payment validation.
7.2 Estimated Delivery Time for the Islands
Orders for the Islands are shipped via Standard Delivery. The delivery time is from 5 working days for the main Islands and for the others it can reach 10 working days or more.
In this case, orders for the Islands are billed on the business day before shipment and the products are reserved until that day.
8.Description of the shipping options in Portugal
Standard Delivery is characterized by delivery by courier to the indicated address withinone to two working days after the shipment date and in the hours between 9:00 a.m. and 7:00 p.m. Here you can choose a suitable time slot or delivery on the Saturday following dispatch between 9 a.m. and 1 p.m. Currently operated by CTT – Correios de Portugal, S.A., without prejudice of other carriers to perform the shipping of orders.
Pickup point delivery is characterized by a proximity network with more than 2,000 active pickup points, where you can pick up your order any day of the week, at the most convenient time for you. Your order will be available for pick-up one or two working days after its dispatch date, and an SMS will be sent to you informing you when it is already at your selected store. This service is operated by several carriers and aggregates all available and active collection points, namely: CTT – Correios de Portugal, S.A. and DPDgroup.
ARTICLE 4 - PAYMENT AND ORDER VALIDATION
1. HILBEA offers the User the following payment methods:
a) Credit card (Visa, Mastercard and Eurocard);
b) ATM machine;
c) MB Way;
2. The User will pay the value of the product, plus the shipping costs.
3. In case of payment by credit card, the debit will be made from the User’s card immediately after the order is registered. If some products ordered are out of stock, the value of the same will be credited to the User’s card after the order is closed.
4. HILBEA will make every effort to ensure maximum confidentiality and security of data transmitted over the Internet.
5. In order for your order to be accepted and validated, payment must be made within the terms and deadlines set forth in paragraph 6 of article 2 of these General Terms of Sale.
6. After confirmation of receipt of payment, and within a maximum period of twenty-four hours, an email will be sent to confirm the validation of the order. The email will be sent to the email address indicated by the User at the time of registration on the website.
ARTICLE 5 - PRICES
1. Prices shall be understood in Euros, with taxes and duties included, taking into account the VAT on the date of payment of the order. The values mentioned in the product page correspond to those for sale on the HILBEA website, calculated, where applicable, in accordance with the promotions and/or promotional discounts in force.
2. The prices shown in the checkout process always correspond to the most updated prices in force, however, they shall only be considered valid while they are visible on the website in a refreshed page (cache or non refreshed pages may show prices that are no longer in force). The price displayed is only guaranteed under these conditions and only after the order has been duly registered and paid for in accordance with the payment conditions set out in this General Terms of Sale (article 2.6).
ARTICLE 6 - DISCOUNTS
1. Promotional price offers may exist on the HILBEA website, under the terms of Law 70/2007, of March 26th.
2. All promotions have a determined period of validity.
3. Promotional discounts represent a commitment during the announced period, but always on the condition that the order is completed by the User, through the checkout and paid, until the end of that period.
4. Unless otherwise stated, in the case of deferred payments, such as ATM, HILBEA guarantees these discounts if it receives the respective payment within 8 days from the date of completion of checkout.
5. Keeping a product in the “shopping cart” does not guarantee the price or discount of the same.
ARTICLE 7 - RIGHT OF WITHDRAWAL AND WARRANTIES
1. Any order contract made on the HILBEA website may be freely terminated under the terms of Article 10 of Decree-Law No. 24/2014 of February 14, and the User shall bear the costs of return. To this end, the user must return his order within a maximum period of 14 days from the date of receipt, but first he must contact HILBEA.
2. HILBEA will acknowledge the request in twenty-four hours.
3. HILBEA does not accept any returns sent with postage payable or cash on delivery, and undertakes to reimburse the User within a maximum period of 14 days from the date of receipt of the communication of withdrawal pursuant to Article 12 of Decree-Law No. 24/2014 of February 14th or the next business day after receipt of the return or proof of return of the order, whichever occurs last.
4. The refund of payments will be made through the same means of payment that was used by the User in the initial transaction or by bank transfer, if the means of payment used does not allow it.
5. Returned products must be in saleable condition, that is, in the same state in which they arrived at the hands of the User, without any anomaly.
6. If the resultant value of the exchange of products of an order is superior to the initial value of the same, the User will have to pay the difference, using for that one of the available payment methods in the n.º 1 of article 4.
7. If the value resulting from the exchange of products of an order is lower than the initial value of the same, or in case of return, the refund of payments will be made through the same means of payment that has been used by the User in the initial transaction or by bank transfer, if the means of payment used does not allow it.
8. Items sent free of charge, in the form of gifts or bonuses, will not be refunded.
9. For products purchased by the User, within the scope of these General Terms of Sale, considered consumer goods, the rules established by DL 67/2003 of the 8th of April (guarantee scheme for consumer goods) will apply, with the necessary adaptations.
ARTICLE 8 - COMPLAINTS
1. The User may submit their complaints to HILBEA, located at Praça do Bom Sucesso, No. 61, 10, room 1009, 4150-146 Porto or electronically through the Contact Center.
2. HILBEA provides all information so that you may exercise your right to complain to an official entity, third party and impartial to the process, (“dispute resolution entity”) which will help you resolve the dispute in question. If you – the consumer – have been dissatisfied with the purchase of a product on our site and with the solution presented by us to resolve the situation, you may access this official site https://webgate.ec.europa.eu/ to explain the case, or you may appeal directly to an Alternative Dispute Resolution Body: Consumer Information and Arbitration Centre of Porto (CICAP), with head office at Rua Damião de Góis, 31, Loja 6, 4050-225, Porto. More information at Portal do Consumidor: consumidor.gov.pt.
3. You may also use the Electronic Complaints Book which is a measure of the “SIMPLEX + 2016” program involving the Directorate General for the Consumer and the regulatory bodies of the various sectors, through the following link: https://www.livroreclamacoes.pt/inicio/reclamacao
ARTICLE 9 - LIABILITY
HILBEA is not responsible for any inconvenience or damage caused to the User by the use of the Internet network, such as: service disruption, external intrusion, anomalies caused by computer viruses or any other case of force majeure.
ARTICLE 10 - PROCESSING OF PERSONAL DATA
Your data is processed in compliance with the legislation on personal data protection.
2. 100% Secure Shopping
HILBEA guarantees that all your purchases on our site are secure, so you don’t have to worry about the safety of your credit card. All transactions are done through a secure encrypted server. At HILBEA, the confidentiality of our customers’ personal data is a watchword that we aim to preserve. Once we have used your card details to pay for your order, they will be automatically removed from our database and destroyed. On the next purchase, you will be asked again for all your card details.
ARTICLE 11 - HILBEA NEWSLETTER
The HILBEA Newsletter is the name given to e-mails containing promotions, offers and information sent directly to the User’s e-mail address provided to HILBEA upon User registration.
2. The User has the option to subscribe to the Newsletter when he/she registers on the site.
3. To modify your personal data, suspend or revoke your request to receive the Newsletter, you must go to your registration and deactivate this option.
4. The HILBEA Newsletter is exclusive to HILBEA’s website.
ARTICLE 12 - INTELLECTUAL PROPERTY
1. All content of the HILBEA website is the intellectual property of the trading company HONEST MEMORIES, UNIPESSOAL LDA. and may not be copied or reproduced, except to the extent strictly necessary to enable its online reading.
2. The contents of this site are produced by internal and external sources, and HILBEA is not responsible for the lack of updating and/or inaccuracy of such information.
3. All texts, images, illustrations, photographs, trademarks and other elements of the HILBEA website are protected by law.
4. Users who have a website on the Internet and who wish to place, for their personal use, a link to the HILBEA website must obtain authorization from the trading company HONEST MEMORIES, UNIPESSOAL LDA.
5. In the latter case, this is not an implicit affiliation agreement.
6. Any and all links referring to the HILBEA website and using the framing or in-line linking technique are formally prohibited.
ARTICLE 13 - EVIDENCE
The Parties agree that computerized records, stored in HILBEA’s computer systems under reasonable security conditions, are proof of communications, orders and payments made between the Parties.
ARTICLE 14 - STORAGE AND ARCHIVING OF TRANSACTIONS
The archiving of orders and invoices will be done on a reliable and durable medium to correspond to a true and durable copy.
ARTICLE 15 - APPLICABLE LAW AND JURISDICTION
1. The law applicable to any contractual relationship established through HILBEA’s website is Portuguese law.
2. 2. To settle any and all disputes arising from any contract entered into under these general terms of sale, Portuguese law will apply, with the Judicial Court of the District of Porto having jurisdiction for the resolution of disputes or, alternatively, the ADR entity(ies) mentioned above.