Any order placed implies unreserved acceptance of our general sales conditions by the customer. These conditions are contained in the catalogue, in force on the date of the respective order, the contents of which the company declares to have prior knowledge of.
No clause that contradicts said conditions may be opposed to MAQTOOL, unless MAQTOOL has formally accepted it in writing. These general sales conditions are only applicable to entities based in Portuguese territory. Purchase and sale contracts will be considered concluded on the date of receipt by the buyer of the confirmation of the order by MAQTOOL.
Whenever products are ordered on behalf of another person, the natural person who places the respective order is jointly and severally liable with the beneficiary of the same, until effective and full payment to MAQTOOL. Orders for delivery to PO Boxes or consignment are not accepted.
MAQTOOL reserves the right to modify these general conditions of sale of products at any time.
Products
The products proposed for sale are those contained in the digital catalogue, printed catalog and in the MAQTOOL online store, which reserves the right to change, at any time, the range of its products, which are limited to existing stock.
The technical specifications of the products are those mentioned in the catalogue, unless there is a printing error in the text or photography.
All products contained in the printed and digital catalog as well as in the MAQTOOL online store are subject to changes and improvements and may also be discontinued if MAQTOOL so decides.
MAQTOOL cannot be held responsible if there are errors in the values and/or characteristics of the products, when these arise from technical problems beyond its control.
MAQTOOL undertakes to deliver the products to the address indicated by the customer, as long as its facilities are located at ground level and in Portugal. If the location indicated by the customer does not comply with these conditions, MAQTOOL may carry out, at the customer’s request, and as an accessory service, the delivery of the order to the respective location, with the costs of this service being borne by the customer.
In the case of omission on the part of the customer, that the unloading location does not meet the conditions indicated above or the proposal for the accessory delivery service is not accepted, the risk of the goods is borne by the customer, as long as they are transported to the address indicated by him.
MAQTOOL does not carry out the assembly or installation of the products supplied by it, unless expressly requested by the customer to do so. MAQTOOL has an assembly and installation team that can provide these services to the customer upon presentation of a quote that will have to be accepted by the customer before said work begins.
When receiving the goods, the customer, in the presence of the transporter, must check the good condition of the products delivered and check the number of packages received with that stated on the transport note. If the packaging shows signs of damage or tampering, the customer, in the presence of the carrier, must open them, checking the condition of the products and recording these facts on the transport note.
If possible, we advise you to take photographs that can help prove what happened. These types of situations must be communicated to MAQTOOL in writing within a maximum period of 24 hours, otherwise any complaints will not be accepted on this basis. The aforementioned procedure is also applicable to any non-conformities relating to the provision of services ancillary to the sale that may have been agreed.
When confirming the order order, the customer will be informed of the expected delivery time for the requested products, with the products being shipped from the warehouse within 5 (five) working days, counting from the confirmation of the order form, or , if applicable, of the respective payment, except for stock shortages, changes in technical specifications, cases of force majeure, or any other exceptional circumstances.
Whenever MAQTOOL is unable to send the ordered products, due to the facts mentioned above, it undertakes to inform the person placing the order of such impossibility, and may present alternative products, with the same characteristics. MAQTOOL does not guarantee the effective delivery time of ordered products, so any delays that occur between dispatch and receipt do not give the customer the right to cancel the order or demand any compensation, for whatever reason, In these situations, MAQTOOL must inform the customer of the reasons for the delay.
The deadlines communicated by MAQTOOL are merely indicative, meaning that non-compliance may under no circumstances constitute a charge or liability for MAQTOOL. If there is a period of more than 30 working days between order confirmation and the expected or actual delivery deadline, the customer may cancel, in whole or in part, the order, as long as it is done in writing, and MAQTOOL confirms receipt of such communication.
In products supplied to order, which involve manufacturing or transport, cancellation of the order placed is not permitted, unless MAQTOOL confirms that the manufacture of that order has not yet started. MAQTOOL is allowed to make partial delivery of orders, particularly when there are no products in stock.
The prices shown in the MAQTOOL catalogs are per unit, set in Euros, without VAT, with transport to the continent and packaging included.
Packaging has no return value. Products not included in this catalogue/website will be quoted in writing, case by case. Purchase prices are the prices in force at the time of the order, to be confirmed upon acceptance of the respective order for the products, deducted, if applicable, from applicable bonuses or campaigns, and plus the respective value of VAT at the legal rate in force in that moment, unless there is a text or photograph printing error.
If, for economic reasons, namely in the case of an increase in the price of raw materials, some prices are changed before the end of the catalog’s validity period, the customer will be informed of this change at the time of ordering and respective confirmation.
Payment for orders placed with MAQTOOL must be made within a maximum period of 5 (five) days, after confirmation of the order, by bank transfer to MAQTOOL’s account at BPI with IBAN: PT50 0010 0000 3568 0550 0011 1.
Other payment terms may be negotiated and must be agreed and accepted in writing between MAQTOOL and the customer. Payment can be made by bank check, sent to the MAQTOOL headquarters listed in this catalogue/website, or by bank transfer, to the bank account mentioned above.
Failure to meet payment deadlines for an invoice will result in the immediate due date of all remaining invoices and any and all credit granting will be suspended. MAQTOOL is also authorized, in these circumstances, to cancel other orders already placed.
The customer must also, in the event of non-compliance, bear the costs and charges of judicial debt collection. Customers who are late in paying any invoice are subject to payment of late payment interest calculated at the legal rate in force for commercial operations.
In the event of partial payments of amounts in arrears, the amounts delivered will be charged firstly to the collection expense, then to interest on arrears and finally to the outstanding capital.
Under no circumstances may the customer refuse MAQTOOL to pay for the goods and services provided, or make any reduction or compensation, without its prior written authorization.
After delivery of the ordered products, the customer has a period of 30 (thirty) days to complain about any non-conformity in them and/or submit a request for their return, in writing, to MAQTOOL.
Returns or exchanges of products will only be accepted, provided that the products to be returned are in the exact condition in which they were received, that is, in perfect condition, together with all their accessories and related documentation and in original and unaltered packaging . Failure to comply with the conditions indicated above will result in refusal to accept the return. In products supplied to measure, which involve manufacturing or transformation, returns or exchanges are not permitted, unless there is proven non-conformity between the product supplied and the product ordered. Transport of goods to be returned or exchanged will be requested by MAQTOOL.
The shipping cost is borne by MAQTOOL if the exchange or return is due to a proven non-conformity between the product ordered and that received. In other cases, the shipping cost will have to be borne by the customer.
MAQTOOL retains ownership of all goods supplied until full payment of the price thereof and the corresponding ancillary services. Therefore, the transfer of ownership of the goods sold by MAQTOOL only occurs on the date on which the buyer has paid the respective prices in full.
Until that moment, the customer is prevented from reselling said goods, running any and all risks to themselves.
The products included in the MAQTOOL catalog benefit from a guarantee against operating defects for 12 (twelve) months, counting from the date of issue of the respective invoice.
The warranty covers the repair of the product (parts and services included), and MAQTOOL may, if it so wishes, replace the product with an identical product, or with equivalent functionality.
After more than 30 (thirty) days have passed since the date of delivery of the product, the cost of packaging and transporting the defective product, between the customer and MAQTOOL and vice versa, is the responsibility of the customer.
For the warranty to be valid, the customer must notify MAQTOOL of the defect by registered letter with acknowledgment of receipt. You must then return the product, accompanied by a copy of the respective invoice.
Finally, at MAQTOOL’s facilities, an analysis will be carried out in order to determine the reported defect and its cause. The warranty will be excluded in the following cases:
a) Abnormal, inappropriate use, or use that does not comply with the technical specificities of the product, negligence on the part of the customer in the installation, storage or maintenance of the product;
b) Normal wear and tear, particularly with regard to consumable parts;
c) Transformation or incorporation of the product or incompatibility with other materials.
For the purposes of judicial or extra-judicial summons or notification to the customer, the customer accepts from now on that the address indicated in the order constitutes an agreed address.
The purchase and sale contracts concluded between MAQTOOL and the customer are governed by Portuguese Law. For the resolution of any dispute arising from the interpretation and execution of contracts and purchase and sale concluded, MAQTOOL opts for the court at its registered office, the Judicial Court of the District of Oliveira de Azeméis, with express waiver of any other.
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data, and with the most recent changes that come into force in force on May 25, 2018, the holder may at any time exercise the right to access, rectify and cancel their data, for which this information must be sent to epd@cobermaster.com. In accordance with the same Personal Data Protection Regulation, the data provided to Cobermaster is for its exclusive use, being non-transferable and confidential.
