General Conditions of Sale
We want to be frontal and clear so that everyone knows what we stand for and what is expected from us as a supplier, as well as your part as a customer. These terms and conditions exist for the interest of both parties. If you have any questions or complaints concerning our general conditions of sale you can contact us using the provided contacts.
The present conditions define the general conditions of sale, established between Marmofoz-Marbles of Figueira da Foz, Lda., headquartered in Rua do Corgo, 6 Casal do Grêlo, 3090-410 Alhadas, Figueira da Foz - Portugal, collective person number 502268182, hereafter designated Marmofoz, Lda. and the consumer.
Contats and Opening Hours
Facilities and postal address:
Rua do Corgo, 6 Casal do Grêlo, 3090-410 Alhadas, Figueira da Foz - Portugal
Telephone: +351 233 920 650
Opening Hours: Dias úteis de Segunda a Sexta das 09:00h-12:30h e 13:30h-18:00h
2. Acceptance of terms
When performing your order, the consumer expresses its full and complete acceptance of the general sales conditions, prices and description of the products covered.
In order to become an online client of the virtual store www.marmofoz.com you must proceed to registration. In this registration all the necessary elements for the online commercial information will be collected, as well as future contacts that may seem necessary to establish in order to ensure the best customer service.
In the register the customer may also choose to receive commercial information periodically issued by Marmofoz, Lda, providing his authorization for this purpose.
All the data collected by the online store www.marmofoz.com have the sole purpose of establishing a business relationship with Marmofoz, Lda.
Our company assumes a privacy commitment of any and all personal customer data, as well as its safety. All the provided information will be only used by our services in order to best suit your needs. At the time of payment the provided information is duly protected and encrypted using the most advanced and effective security tools.
The price of the products, the value of the VAT and the shipping cost are all duly discriminated before the final validation phase of purchase and it might be changed without any prior notice.
The total price of the goods includes rates and taxes withheld on national transactions, according to expressed indication when the order is confirmed.
Despite Marmofoz, Lda efforts, some products may appear with an incorrect price. In that order we always check the prices whenever we proceed to the treatment of the orders. If the price of the product is lower to the advertised price, we will refund the difference. If the price is higher, we will inform the customer by email and await for his decision in accepting a new proposal or cancelling the order. In case of cancellation we will refund the delivered amounts.
The promotions presented in www.marmofoz.com are not cumulative with other promotions, campaigns, vouchers or other forms of discount made in parallel with those presented in www.marmofoz.com.
The possibility through the online store www.marmofoz.com is restricted to orders whose delivery and billing addresses are included in Continental Portuguese territory. For the autonomous regions of the Azores and Madeira, or outside Portugal, the order must be written through email, without prejudice to be covered by these terms and conditions.
The products displayed in www.marmofoz.com that you wish to order, should be inserted in order, through the use of the option "Add to cart". You can also get more detailed information about the products displayed by navigating on the page of the product.
After having put in the cart all the ordered products, you will be able to move forward and complete your order. After the confirmation you will receive an email response about the order delivery.
6. Payment Methods
The user can choose the following means of payment:
Paypal - is a system for transferring money using an email address.
Bank Transfer (Payment in Advance) - all the instructions for completing this transfer will be sent via email upon confirmation of the order.
Transportation costs associated with each order are calculated by reference to the location and weight of the product:
Portugal (Mainland) Shipping - the transportation cost is displayed automatically when it performs the checkout and includes packaging costs.
Autonomous Regions of the Azores and Madeira, or outside Portugal - the shipping cost information and packaging follow prior consultation. You can opt for the order-picking at Marmofoz, Lda main address, during the opening hour's period. This option has no additional transportation costs. The packaging cost information follows a prior consultation.
The foreseeable timeframe for delivery depends on each product and is indicated in the informational area of the product (unless otherwise specified information or end of stock). Additional information can be requested through the provided contacts. Transportation risks are responsibility of the buyer, regardless of the transport is carried out via logistics operator or by Marmofoz, Lda, in which case it will be understood that Marmofoz, Lda will be acting as a customer representative.
The majority of the deliveries is done on working days between 09:00 and 17:00 hours. There might be an additional cost to the client in case if you want a scheduled delivery. Most orders are packed in wooden cases or pallets and are delivered in large vehicles (trucks). That is the reason why it is extremely important that the buyer notifies Marmofoz, Lda about all the details, namely eventual maneuvers restrictions or inaccessibility of the delivery place, when the order is placed leading. This situation will lead to an additional charge for the buyer. The order will be placed, depending on the possible accessibility conditions for the used transportation vehicle, according to the delivery driver's discretion, at the nearest point of delivery which might be the kerb. It is the user's obligation to ensure good accessibility conditions at the place and moment of the delivery as well as adequate discharge methods.
In case the customer places an order with the collection of it in our facilities, after receiving our confirmation that the package is already available, you should inform about the collection date, with at least 48 hours in advance. The consumer should ensure that the collection will be done by a vehicle allowing the package to be mechanically loaded.
In exceptional cases additional costs of transportation, delivery, postal or other costs might be due, when such charges cannot be reasonably calculated before the conclusion of the contract.
In exceptional cases, when the charges cannot reasonably be calculated before the conclusion of the contract, additional costs of transport, delivery, postal or other costs may be due.
8. Product Availability
Marmofoz, Lda only processes an order placed by a customer after the confirmation of the respective payment. Marmofoz, Lda cannot guarantee the availability of the articles until the beginning of the referred processing. Marmofoz, Lda reserves the right to stipulate a period to comply with the order after processing.
Marmofoz, Lda only expedites on weekdays. In this way, weekends or holidays are not taken into account for parcel delivery estimates. The transit time is added to estimated dispatch time
Although the methods of shipment used have a high level of delivery guarantee within a few days, Marmofoz, Lda cannot guarantee the delivery on an exact date, as this responsibility belongs to a third party.
Any delay in the shipment of articles, given the estimated dates, does not confer the right to compensation.
9. Order cancellation
The customer may withdraw from the order, as long as it has not been processed. The cancellation of the order might be formalized through the available contacts during opening hours. In case of agreed payment default or deemed insufficient conditions of the request settlement guarantees, Marmofoz, Lda reserves the right to suspend the order.
The selling of products is limited to the available stock. If while processing the order Marmofoz, Lda finds the same is insufficient, the values eventually already paid by the customer in the formalization of this order shall be fully returned, being considered as null.
The customer waives the right to compensation of any kind associated with this cancellation request.
The acquirer may not solve the contract freely in two situations: when the supply of manufactured goods is at stake, according to its specifications or clearly personalized; at the time of the supply of goods, after its delivery and by nature, becomes inseparable from others or its separation might result in loss, reduction or alteration of its characteristics.
10. Order Refusal
Marmofoz, Lda may not accept the package if there is misconduct on the part of the customer or any inconsistency in personal data registered.
11. Order Acceptance
All orders delivered should be object of verification and control, for which the customer should take any notes about the condition of the product on the delivery slip of the carrier in case of partial or total deterioration or eventual anomalies found.
The verification of the conditions of the product is concluded when the delivery slip is signed. Without the proper customer's notes, in accordance with the preceding paragraph, the order cannot be object of subsequent dispute with Marmofoz, Lda. Any package received in our facilities without proper identification from the sender or for payment on delivery will not be accepted.
The delivery of purchased products respects the legal rules applicable in Portugal to exercise long-distance trade. Our solutions are produced on demand, based on customer specifications, and therefore we only accept returns due to manufacturing defect.
Within 8 days after receiving the product, the customer can proceed with the complaint of any manufacturing defects in the products supplied. For this purpose, the complaint must be made in writing through the available contacts. In the complaint the customer should explain the situation, though always referring the order number and his VAT number.
Complaints will be reviewed by our quality control department and if it is confirmed that the product was delivered with a manufacturing defect, following its own criteria decision, Marmofoz, Lda will repair or replace the products fully or partially depending on the situation.
Differences may occur between the products that are replaced and the substitutes by the fact that they are manufactured with natural products and with handcrafted features. These differences cannot be considered as defects.
Until the evaluation of the complaint, the customer must keep the products safe and in its original packaging, while they are in your possession. If something is returned in an unsatisfactory or incomplete state we may refuse the claim. Any complaints will not be accepted if the product has been subjected to any process of transformation that has not been held by Marmofoz, Lda.
In case of return to Marmofoz, Lda does not perform the payment of the costs of return of the pieces and the customer will assume the costs of a new delivery.
13. Product Information
Unit of measure
Marmofoz, Lda reserves the right to reject the order when minimum quantities are not manufactured, understood as appropriate to the particular circumstances. In this situation Marmofoz, Lda shall proceed with the reimbursement of any amounts received by the customer though, renouncing the customer any compensation.
Physical samples or photographs
Physical samples or photographs are merely illustrative and do not imply that its supply is absolutely identical, as for example in tone, since they are natural products which, despite being selected and prepared carefully, may be subject to slight variations in tone, granulating or composition. Since these variations cannot be considered as faults, complaints will not be accepted in this regard.
Some products can change their tone over time, which is not considered as a defect for the proper and legal effect.
Recommended use, installation and maintenance recommendations
The customer is responsible for ensuring that the specific product is suitable for the specific function for which it is intended, what are the technical specifications for installation and maintenance.
Notwithstanding these general themes are at www.marmofoz.com, all the information presented should be considered for the particular situation to which it refers. As such, the customer may contact our technical services using the contact details provided. O cliente é responsável por assegurar que o produto específico que encomenda é adequado à função específica a que se destina, quais são as especificações técnicas de instalação e manutenção recomendadas. Não obstante serem apresentadas informações gerais sobre estes temas em www.marmofoz.com, todas as informações apresentadas devem ser analisadas para a situação concreta a que se referem, pelo que para tal o cliente pode contactar os nossos serviços técnicos, utilizando os contactos disponibilizados.
It is important for the consumer to ensure that he orders a quantity of the product sufficient for his needs. A package of coatings needs to include a percentage over the area to effectively coating to cover cutting waste during the application. If the consumer orders a quantity lower than required, and subsequently orders the remaining quantity, he will take serious risks of differences in color, tone and grain of the materials provided on a second order compared to the first. This situation will be entirely under the responsibility of the client.
All products sold by Marmofoz, Lda are in accordance with Portuguese legislation. Marmofoz, Lda declines any responsibility in case of violation of the laws of the country where the package is delivered.
It is up to the customer to check local authorities about the import conditions or usage of the products he wishes to order.
Marmofoz, Lda is not responsible for damages arising from interference, interruptions, computer viruses, damages or disconnections of the operating system that might prevent temporary access, navigation or the provision of services for the users. Under the terms and for the purposes set out in article 18 of Law 144/2015 of 08 September, it is indicated as an entity for the alternative resolution of dispute the Arbitration Center of Consumer Conflict of Coimbra District (Web: http://www.centrodearbitragemdecoimbra.com).
Disputes arising from any agreements or documents to which are applicable the present conditions of sale, shall be submitted to the competent courts of Portugal and stipulated as competent to resolve any dispute between the parties (Marmofoz, Lda and the customer) the County of Coimbra-Local instance of Figueira da Foz.
15. Users and customers obligations
The customer or user must comply with the present general terms and conditions and respect them. Both undertake in particular to comply with the following obligations:
it is forbidden to enter, store or publicize defamatory, obscene, insulting, xenophobic contents and/or any other nature through the website which violate the general principles of law and public order; Keep and not to disclose, your login password in order to prevent third parties from fraudulent access to www.marmofoz.com; Do not use false identities; Provide personal data and correct addresses so that Marmofoz, Lda can properly process the orders.
The client or user is responsible for the accuracy of the data reported to Marmofoz, Lda and undertakes to insert immediately into his account www.marmofoz.com registration, any changes to it.
Marmofoz, Lda accepts no responsibility for any eventual delay or impossibility of order processing, in particular at the moment of delivery, due to error or insufficiency of data supplied by the client.
The use of www.marmorofoz.com is subject to predefined conditions of use by Marmofoz, Lda as your sole and exclusive holder.
It is expressly forbidden to its users to broadcast messages or information which is injurious, misleading, defamatory, obscene or that infringes, in any way, the right to intimacy or intellectual or industrial property of third parties, as well as the provision of any information that might be detrimental to third parties or to the holder of the website. Marmofoz, Lda reserves the right to delete the account of the user who fulfills any of these situations.