1. Ownership of the Domain http://fluxportugal.pt
1. The website www.fluxportugal.pt is an online store owned by Fluxo Real Global, S.A., a joint-stock company, with a share capital of €200,000.00, headquartered at Estrada Luiz Bernardo Almeida, 610, 3730-305 Vale de Cambra, and holder of tax identification number (NIPC) 515527750, hereinafter referred to as Fluxo Real Global, S.A.
Telephone contacts: 256 488 238 Email address: geral@fluxportugal.pt
2. The online store is a registered website, and the service provided by the website itself is the responsibility of Fluxo Real.
3. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.
4. The User also acknowledges that any content appearing in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws, and other property protection laws, and therefore, any use of such content can only occur with the express authorization of the respective holders.
5. The User undertakes to fully respect the rights referred to in the previous number, namely by refraining from committing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission, or making available to the public of such content or any other unauthorized acts concerning the same content.
2. Use of the Service
1. Fluxportugal.pt will make every effort to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur.
2. The service of the online store consists of providing, through the address www.fluxportugal.pt, access to the online store, with information regarding a set of products, duly identified in their respective catalogs, allowing the User, electronically, to order the products advertised on the site, under the terms and conditions described herein.
3. Product orders must be placed by Users aged 18 (eighteen) years or older, and individuals under this age must have authorization from their legal representatives.
4. The elements and information transmitted by the User have full legal effects, with the User acknowledging electronic acquisitions, and cannot invoke the lack of a signature to avoid fulfilling the assumed obligations.
5. The User undertakes to use this service in compliance with the laws and regulations in force that are applicable to it, as well as the Terms and Conditions stated here.
6. Fluxportugal.pt may, at any time, change, in whole or in part, the Terms and Conditions presented here, namely regarding information about price, products, specifications, promotional actions, and services.
7. The User may not alter the content of the service or send messages containing computer viruses or that may cause any other damages.
8. The User of the online store is considered an end consumer, subject to VAT settlement, except for residents in third countries, outside the European Union.
9. The sales process is subject to compliance with the rules defined in Decree-Law 24/2014 of February 14, which transposes Directive No. 2011/83/EU of the European Parliament and of the Council, of October 25, 2011, on contracts concluded at a distance and away from commercial establishments.
3. Responsibilities
1. All products and services marketed in the online store comply with Portuguese Law.
2. The store has the appropriate security levels; however, fluxportugal.pt will not be responsible for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communication services provided by third parties, by the computer system, by modems, by connection software, or any computer viruses or resulting from downloading infected files or files containing viruses or other properties that may affect the User's equipment.
3. If, due to an error in accessing the online store's website, there is a service interruption, Fluxo Real will not be liable for any damages.
4. Data and information queries made under this service are presumed to be made by the User, with fluxportugal.pt declining any responsibility arising from abusive or fraudulent use of the information obtained.
5. Fluxportugal.pt shall not be liable for any losses or damages caused by abusive uses of the Service that are not directly attributable to it due to intent or gross negligence.
6. Fluxportugal.pt is not liable for damages or losses resulting from the use of the Service that are not directly attributable to it, nor does it guarantee that the Service will be provided uninterruptedly, securely, or free from errors.
7. Fluxportugal.pt is not responsible for any damage that may arise from improper use of the Service, and the User is entirely responsible for all interaction carried out under their account and password.
8. Fluxportugal.pt shall not be liable for damages resulting from contractual or tortious relations concerning the use of the Service provided here, and the User is responsible for the loss of any profits, contracts, data, or any indirect loss arising from non-compliance or violation of the applicable terms and conditions.
4. Intellectual and Industrial Property
1. All texts, comments, works, illustrations, works, and images reproduced or represented on fluxportugal.pt are strictly reserved under copyright and intellectual property rights for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only their use for private purposes is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any reproduction or total or partial representation of the fluxportugal.pt website or all or part of the elements found on the site is strictly prohibited.
2. All trademarks, trade names, or other distinctive signs reproduced on the website are the property of their respective owners.
3. The creation of hypertext links to the fluxportugal.pt website may only be made with the express written authorization of Fluxo Real, without prejudice to the right of withdrawal at any time by Fluxo Real.
4. Any unauthorized use constitutes an infringement punishable by law.
5. In the event of non-compliance with any of the terms of use of the site www.fluxportugal.pt, Fluxo Real reserves the right to take appropriate legal action.
5. Personal Data and Privacy
1. In compliance with the provisions of Law No. 67/98 of October 26, on the Protection of Personal Data, the User may, at any time, exercise their rights of access, rectification, cancellation, and opposition by means of a written communication addressed to Fluxo Real.
2. Fluxo Real may use "cookies" when a User has access to the pages of the website. The cookies used can be adjusted to the User's preferences and through their internet browser. However, the User may configure their computer in such a way as to refuse cookies, although this may prevent access to certain services on the website.
3. All personal data collected will be processed in accordance with the Privacy Policy of Fluxo Real, and the User can consult the privacy policy.
6. Proof
The computerized records kept under the security conditions considered as proof of the communications, orders, and payments made between the parties.
7. Applicable Law and Competent Courts
These General Conditions are governed by Portuguese Law. In the event of a dispute over the interpretation or execution of this contract, the parties agree to submit it to the competent court of the district of Lisbon, with express waiver of any other.
8. Products Sold in the Online Store
1. Products duly identified in their respective catalogs may be purchased at the online store www.fluxportugal.pt.
2. The non-availability of any product in the online store does not mean that it is out of stock at Fluxo Real, as it may be available through another distribution channel of the company.
9. Prices
1. All prices presented in the catalog include VAT at the legal rate in force at the time of purchase and will be increased by the respective postage costs in cases where it applies.
2. The price of the products, the VAT amount, and the postage costs are all duly itemized before the final validation phase of the purchase, and their calculation may change when the nature of the goods does not allow calculation before the contract is concluded.
3. Any other costs resulting from the shipment of orders abroad, including customs clearance costs, will be the sole responsibility of the buyer.
4. Fluxportugal.pt informs that the prices practiced are exclusive to the online store www.fluxportugal.pt of Fluxo Real and may differ from the prices practiced in Fluxo Real physical stores.
10. Payment Methods
1. Products may be paid for through the various electronic payment methods available.
11. Shipping Costs
11.1 Mainland Portugal
1. All orders with a value less than €200 (VAT Inc.) will have an additional postage fee.
2. All orders with a value of more than €200 will have the postage cost waived except for deliveries of industrial generators and other large or bulky equipment (postage on request).
11.2 Autonomous Regions of Madeira and Azores
1. All orders to be delivered in the autonomous regions of Madeira and the Azores will have the postage cost increased depending on the island where the delivery will be made and the chosen means of transport (air or sea).
11.3 International Shipments
1. All orders have an additional postage fee according to the destination indicated by the customer.
2. These values are subject to changes that will be communicated to the customer in advance if applicable.
12. Delivery Time
1. In Mainland Portugal, orders are usually delivered within 24 to 48 business hours after the date of payment.
2. In the Autonomous Regions and depending on the Islands, the delivery time may vary between 3 to 15 business days depending on the chosen payment method.
3. Deliveries in Europe and the rest of the world vary according to the destination and transportation time.
4. Deliveries of orders may, in specific cases, be delayed due to stock shortages or adverse reasons (weather conditions, strikes, others).
13. Complaints and Returns (Right of Withdrawal)
1. The delivery of products purchased through this service complies with the applicable legal norms in Portugal for contracts concluded at a distance and outside the commercial establishment (Decree-Law 24/2014 of February 14).
2. The User has the right to complain about any defects, inaccuracies, or inadequacies of the product regarding what was ordered, within the legal deadlines established for this purpose.
3. The User may exercise the right of withdrawal, by letter, or any other means of communication, by means of which he unequivocally declares his intention of withdrawal within 14 (fourteen) days from the day the consumer acquires physical possession of the goods, and must return the goods to Fluxo Real within the same period, under the proper reception conditions, without signs of use or seal violation.
4. To exercise the right of withdrawal, the User must indicate all his identification data (Name, address, and email address) the goods subject to withdrawal, and the date of acquisition, and may use the withdrawal form that is an integral part of this document as Annex A.
5. The packaging must be returned complete, as it was delivered, and accompanied by all the documentation received, namely, the following documents: sales invoice, to the following address: Fluxo Real Global, S.A. Estrada Luiz Bernardo Almeida, 610, 3730-305 Vale de Cambra.
1. After receiving and verifying the return at the company's facilities, the corresponding amount paid for the order (invoice value) will be refunded to the User.
2. If the User has used a promotional discount code, that amount will not be refunded to him, that is, the refund will be only for the amount actually paid.
3. The refund of the amount to be returned will be made by bank transfer.
4. The refund is made within 14 days after receiving the withdrawal letter and the return of the goods.
5. In the absence of any of the components of the sold article or if any of them is not in excellent condition, there will be no refund of the price or postage, and the product will be resent to the original shipping address.
14. Manufacturing Defect
1. In case of "manufacturing defect," that is, when equipment failures are detected that, in principle, do not fall within the scope of their respective warranty, the User must contact the Technical Assistance Service by email at geral@fluxoreal.com.
2. For the exchange of the product to be carried out, it must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal, and accessories) containing all its components, in excellent condition.
3. In the absence of any of the elements mentioned above, or if any of the components is not in excellent condition, there will be no exchange, and the product will be resent to the User.
15. Warranty
1. All equipment available in the Store is duly certified by the competent international entities.
2. The equipment and accessories have a warranty period defined by the manufacturer, which, under the legal terms, is at least 2 (two) years if the User is an end consumer (individual) and 6 (six) months for professional users (legal entity).
3. This period is considered from the delivery of the equipment and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly filled in.
4. Equipment that has exceeded the period defined by the manufacturer or legally established, presents defects caused by abnormal wear and tear, improper installation, weather conditions, electrical discharges, negligence or accidents, mishandling, moisture/liquid infiltration, use of non-original accessories, and technical interventions by unauthorized personnel are considered outside the warranty conditions.
5. If the equipment malfunctions and is covered by the warranty, the User may go with it, and the respective proof of purchase and/or warranty, to a brand's technical assistance center.
6. Accessories covered by the warranty that malfunction should be sent, with the respective proof of purchase and/or warranty, to the following address: Fluxo Real Global, S.A. Estrada Luiz Bernardo Almeida, 610, 3730-305 Vale de Cambra
1. If the User chooses other forms of return, the respective postage costs will be his responsibility.
2. The User should always request the CTT Receipt as proof of sending the order.
3. If a product is purchased that has different characteristics than those presented online, the User has the right to proceed with the resolution of the purchase contract under the applicable legal terms.
16. Privacy and Security Policy
1. Fluxo Real collects the User's personal data for the purpose of managing customer accounts, billing, and providing information, as expressly authorized for this purpose, assuming the commitment of privacy and security in the processing and maintenance of each customer's personal data, in accordance with Law no. 103/2015, of 08/24 on the protection of personal data, guaranteeing the confidentiality of all data provided by Users.
2. The entire payment process, from the selection of the payment method to the introduction of the data inherent to the order payment process, is duly protected with appropriate electronic security tools.
1. In accordance with applicable law, the User is guaranteed, without additional charges, the right of access, rectification, and updating of his personal data, directly or upon written request, as well as the right to object to their use for the purposes provided for in the previous number.
2. The Internet is an open network, so the User's personal data, other personal information, and all content hosted on the service may circulate on the network without security conditions, running the risk of being accessed and used by unauthorized third parties, and Fluxo Real cannot be held responsible for such access and/or use.
17. Service Security Conditions
1. The User undertakes to comply with all applicable legal provisions, namely, not to engage in or encourage the practice of unlawful acts or offenses against good morals, such as indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of applicable legislation on the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of service usage, under penalty of fluxportugal.pt suspending or deactivating the service, under the terms of clause 17.
2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by various users and, as such, subject to computer overloads, so fluxportugal.pt does not guarantee the provision of the service without interruptions, loss of information, or delays.
3. fluxportugal.pt also does not guarantee the provision of the service in situations of unforeseeable overload of the systems on which it is based or force majeure (extraordinary or unforeseeable situations, outside fluxportugal.pt's control).
4. In case of interruption of the service provision due to unforeseen overload of the systems on which it is based, fluxportugal.pt undertakes to restore its operation as soon as possible.
18. Suspension and Deactivation of the Store Service
1. Regardless of any prior or subsequent communication, fluxportugal.pt may, at any time, and at its sole discretion, discontinue the provision of the service and/or part of the service to one or all Users.
2. fluxportugal.pt also reserves the right to suspend or immediately terminate access to the service in the following cases: 1. When the User does not comply with the terms of use. 2. When fluxportugal.pt ceases access to the store, upon prior communication, with a notice period of 15 days before the cessation date.
3. The suspension or termination of the fluxportugal.pt service, under the terms of the preceding paragraphs, does not affect the right of the User or third parties to any compensation or other compensation, and fluxportugal.pt cannot be held liable or in any way burdened for any consequence resulting from the suspension, cancellation, or termination of the service. 3. In the situations described above, fluxportugal.pt will communicate to the User, in advance, so that he can, if he wishes, safeguard the content of his order viewing area within 3 (three) business days from the sending of the email or provision of the information on the service's main page.
19. Communications
1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User related to the service, including any changes to these General Conditions, may be made to the User's email address, by SMS, or telephone contact.
2. The User accepts to receive any and all communication and/or notification related to the online store, to the address, contact phone, and/or email address ("email") indicated in the order process.
3. At any time, the User may request not to receive these communications and/or notifications through the Contact Form or through the "Remove" option included in each Newsletter.
20. Technical Configurations
1. Without prejudice to the provisions of the following number, Fluxo Real may change the service and/or the technical conditions of its provision, as well as the respective usage rules, whenever convenient to adapt it to eventual technological developments, and must disclose to the User such changes with a minimum notice period of 15 (fifteen) days.
2. Fluxo Real does not, however, guarantee the User the accomplishment of any upgrades or improvements in the Service.
3. Some upgrades or new functionalities of the Service may be available only against payment by the User and/or subscription, by the same, of Specific Conditions of use.
4. The version currently in force of these General Conditions and their annexes is available on the website www.fluxportugal.pt.
21. Arbitration and Conflict Mediation Mechanisms
1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Fluxo Real about 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, counted from the User's knowledge of the facts, being recorded in Fluxo Real's information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of its receipt.
22. Applicable Law and Competent Court
1. Portuguese law applies to this document.
2. The competent court to settle any disputes arising from the interpretation or execution of these General Conditions is the Vale de Cambra District Court, with express waiver of any other.
23. Contact Information
1. For any questions regarding these General Conditions, Users should contact Fluxo Real by email geral@fluxoreal.com or by telephone +351 256 460 510.