General Terms and Conditions

Article 1 – Seller Identity

1.1
Portuguese Sea is a retail website and a sales profile detained by the Belgium based company Silver Food Solutions NL (SFS), registered under the KBO number BE(0)763475716.

As a sales profile name, all the mentions to Portuguese Sea in this site and his documentation are of SFS responsibility.

Contact:info@portuguese-sea.com

Article 2 – General

2.1
These general terms and conditions apply to all offers of Portuguese Sea. The conditions are accessible to everyone and included on the internet site.

2.2
By placing an order you indicate that you agree with the delivery and payment conditions. Portuguese Sea reserves the right to change its pickup, delivery and / or payment conditions after the expiry of the term.

2.3
Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Portuguese Sea.

2.4
Portuguese Sea guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

Article 3 – Delivery

3.1
Delivery takes place while stocks last.

3.2
Under the rules of the Distance Selling Act, Portuguese Sea will execute orders within 2 to 3 working days (14
working days maximum).

If this is not possible (because the ordered item is out of stock or is no longer available), the order may be delayed, according to the period foreseen for replenishing stocks of missing items, up to a maximum of one month. That is, if the order cannot be completed in its entirety within a maximum period of one month, the consumer will be refunded for the missing items or, if applicable, for the entire order.

3.3
The place of delivery is the address that the consumer has made known to Portuguese Sea.

3.4
The delivery obligation of Portuguese Sea will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Portuguese Sea have been offered to the customer once. For home delivery, the carrier’s report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.

3.5
The delivery prices are calculated according to the delivery address of the order and included in the calculation of the final price.

3.6
Due to the nature of Portuguese Sea products, returns are not accepted unless validated by Portuguese Sea customer service. Item return costs may apply.

3.7
All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.

Article 4 – Prices

4.1
Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.

4.2
All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.

4.3
All prices on the site are in Euros.

Article 5 – Viewing period / right of withdrawal

5.1
In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the goods delivered within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. If the customer has not returned the delivered goods to Portuguese Sea after this period has expired, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Portuguese Sea in writing within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be
returned in the original packaging (including accessories and accompanying documentation TAGS) and in new condition. If the products/cans have been open or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, Portuguese Sea will ensure that the full purchase amount excluding the shipping costs incurred is refunded to the customer within 14 working days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.

Article 6 – Data management

6.1
If you place an order with Portuguese Sea, your data will be included in the customer database. Portuguese Sea adheres to the Data Protection Act and will not provide your information to third parties. See the PRIVACY POLICY.

6.2
Portuguese Sea respects the privacy of the users of the internet site and ensures confidentiality of your personal information.

Article 7 – Warranty

7.1
Portuguese Sea guarantees that the products it delivers meet the requirements of quality and safety required by the parties to the purchase agreement, and thus guarantees the manufacturer’s warranty of the product delivered to you.

7.2
the content of our products is entirely the responsibility of its manufacturers and, therefore, it is their responsibility to identify it and determine its expiration date. Portuguese Sea warranty corresponds to the factory warranties. However, Portuguese Sea is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.

7.3
The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return it to Portuguese Sea) must immediately report these defects in writing to Portuguese Sea. Any defects or incorrectly delivered goods must and can be reported in writing to Portuguese Sea no later than 14 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition.

7.4
If complaints from the customer are found by Portuguese Sea, Portuguese Sea will, at its option, replace the goods delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of Portuguese Sea and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant goods. Any liability of Portuguese Sea for any other form of damage is
excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.

7.5
Portuguese Sea is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.

7.6
This guarantee does not apply if: A) and as long as the customer is in default towards Portuguese Sea; B) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Portuguese Sea and / or instructions on the packaging.

Article 8 – Offers

8.1
Offers are without obligation, unless stated otherwise in the offer.

8.2
Upon acceptance of a non-binding offer by the buyer, Portuguese Sea reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.

8.3
Verbal commitments only bind Portuguese Sea after they have been explicitly confirmed in writing.

8.4
Offers from Portuguese Sea do not automatically apply to repeat orders. These are only available temporarily or until when stated.

8.5
Portuguese Sea cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.

8.6
Additions, changes and / or further agreements are only valid if agreed in writing.

Article 9 – Agreement

9.1
An agreement between Portuguese Sea and a customer is concluded after an order assignment by Portuguese Sea has been assessed for feasibility.

9.2
Portuguese Sea reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.

9.3
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after delivery of the good to the address of Portuguese Sea.

Article 10 – Images and specifications

10.1
All images; photos, drawings, etc.; Among other things, data regarding weights, dimensions, colours, images of labels, etc. on the website of Portuguese Sea are only approximate, are indicative and cannot lead to compensation or dissolution of the agreement.

Article 11 – Force majeure

11.1
Portuguese Sea is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.

11.2
Force majeure means any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in the supply, negligence of suppliers and / whether manufacturers of as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.

11.3
Portuguese Sea reserves the right in case of force majeure to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is amended in such a way that execution remains possible. Under no circumstances is Portuguese Sea obliged to pay any fine or compensation.

11.4
If Portuguese Sea has already partially fulfilled its obligations when the force majeure commences, or can only partially fulfil its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

Article 12 – Liability

12.1
Portuguese Sea is not liable for damage caused by incorrect use of the products. Before use, read the instructions on the packaging.

Article 13 – Retention of title

13.1
Ownership of all goods sold and delivered by Portuguese Sea to the customer remains with Portuguese Sea as long as the customer has not paid the claims of Portuguese Sea under the agreement or earlier or later similar agreements, as long as the customer has not yet paid the work performed or still to be performed under this or similar agreements and as long as the customer has not yet paid the claims of Golden Can due to failure to fulfil such obligations, including claims in this regard fines, interest and costs.

13.2
The goods delivered by Portuguese Sea that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

13.3
The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.

13.4
The customer now gives unconditional and irrevocable permission to Portuguese Sea or a third party to be appointed by Portuguese Sea to, in all cases where Portuguese Sea wishes to exercise its ownership rights, to enter all those places where its belongings will then be located and to take those goods there.

13.5
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Portuguese Sea as soon as can reasonably be expected.

13.6
The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to Portuguese Sea on first request.