General conditions of Sale

  • Our data

    This document (together with the document referred to in the annex) establishes the conditions which determine the use of this website (www.ferrache.com) and the purchase of products in it (hereinafter, the “Conditions”).

    We ask you to read the conditions, our policies regarding cookies and our privacy policy carefully before using this website. By using this website or placing an order through it, you are aware that you must comply with these conditions and with our privacy policies.

    Therefore, if you do not agree with all of the conditions and with the privacy policies, you should not use this website. These conditions may be altered and you are responsible for their periodical reading, as the conditions in force at the moment of the website’s use or entering of the contract (as established further on) shall be the ones applicable. In case of doubt regarding the conditions and privacy policies, you may contact us through our contact form. The Contract may be made, at your choice, in any of the languages in which the Conditions are available in this website.

  • Order


    The items shown in this website are only available for delivery in Portugal. If you wish, you can order items from another Member State of the EU, outside of Portugal, through this website, but the ordered items may only be delivered to the Ferrache stores or to the delivery addresses in Portugal.

    ENTERING OF THE CONTRACT

    To place an order, you must follow the online purchase procedure and click on “Make Payment”, but before you should read and accept these Purchase Conditions. By doing so, you are entering a purchase and sale contract with us (the “Contract”). You shall then receive an email indicating the reception of your purchase (The “Purchase Confirmation”). You shall also receive an email in which we will confirm that the order has been sent (the “Delivery Confirmation”).

    PRODUCT AVAILABILITY

    All orders of products are subject to their availability. In this sense, if there are any difficulties with the supply of products or if there are no items in stock, we shall immediately inform you of the unavailability and shall reimburse any amount you have eventually paid within 30 days.

  • Delivery

    Without prejudice to Clause 7 above, regarding the product availability, and unless extraordinary circumstances do occur, we will try to send the order regarding the products mentioned in each Delivery Confirmation prior to the date indicated in the correspondent Delivery Confirmation or, if no delivery date has been specified, within 30 days from the date of the Order Confirmation.

    However, delays may occur due to any of the following reasons: -

    - customization of the products;

    - specialized items; 

    - unforeseen circumstances; or 

    - problems in the delivery area.

    If we are unable to comply with the delivery date for reasons other than our own responsibility, we shall inform you of this circumstance and offer you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with the full reimbursement of the amount paid, without prejudice to all other rights that may assist you pursuant to the applicable law. In any case, we do not deliver on Saturdays or Sundays. According to these conditions, the “delivery” is deemed as carried out and the order “delivered” when you or a third party appointed by you physically hold the products, which shall be proven by the signature on the order receipt at the delivery address indicated.

    INABILITY TO DELIVER

    If we are unable to deliver your order, we shall leave a note indicating where it is and what to do so that it is delivered again. If you are not at the delivery place at the agreed time, we ask you to contact us so that we can arrange the delivery for another day. Please note that, in case of non-delivery of the product at the established time, costs regarding the storage of products and new delivery attempts may be charged.

    TRANSFER OF THE RISKS AND OWNERSHIP OF THE PRODUCTS

    You shall be responsible for the products’ risks upon their delivery. You shall acquire the product’s ownership after we receive the full payment of the amounts due regarding said products, including the shipping fees, or upon the delivery (according to the definition in Clause above), if later.

  • Price and Payment


    The price of each product shall be the one established, at any given time, on our website, except in the case of evident error.

    Although we try to guarantee that all the prices on the page are correct, errors may occur.

    If we detect an error in the price of any of the products you ordered, we shall inform you as soon as possible and offer you the option to confirm the delivery with the correct price or cancel it.

    If we cannot contact you, the order shall be cancelled and you shall be reimbursed on the full amount paid.

    We are not bound to offer you any product at a lower price (even if we have sent the Purchase Confirmation) if the error on the price is obvious and clear and could be reasonably recognized by you as an incorrect price.

    The prices in this website include VAT but they do not include the shipping fees, which shall be added to the total due amount, according to our Shipping Fees Guide.

    The prices may be altered at any moment, but (except on the previously established terms) these possible amendments shall not affect the orders regarding which a Purchase Confirmation has already been sent.

    Once your purchases are carried out, all the items you wish to buy were added to your cart and the following steps shall be the purchase completion and the payment.

    To do so, you must follow the purchase process steps, filling in or checking the information requested at each step. Besides, during the purchase process and before the payment, you can change your order’s data.

    The user is provided with a detailed description of the purchase process in the Terms and Conditions. If you already have an account, a record of all the orders carried out by the user is available at the “My Account” area. You may make the payment with Visa cards, ATM reference, MBWay and PayPal.

    To reduce the unauthorized access risks, your credit card data shall be encrypted.

    If you have opted for Visa, upon the validation of the payment, the amount shall be debited. If you have opted for PayPal, the debit shall be made when we confirm the order. By clicking on “Make Payment”, you confirm that the credit card belongs to you or that you are the legitimate owner of the payment card.

    The credit cards are subject to checks and authorizations by the issuing entities but if they do not authorize the payment, we shall not be responsible for any delay or non-delivery and we cannot enter into a contract with you.

    The orders’ payments may be processed by SIBS and Paypal, which receives and processes such payments on behalf of FERRACHE, being duly authorized for the purpose. In order to avoid any doubts, note that under no circumstances SIBS and PayPal shall be deemed as a party in this contract (namely as seller of the FERRACHE products).


    PURCHASE AS GUEST


    This website also allows the purchase through the feature of purchase as guest. In this purchase modality, only indispensable data to carry out the order are requested. Once the purchase process is completed, the possibility to sign up as user or continue as non-signed up user is offered.


     VALUE ADDED TAX


    All purchases carried out through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.

  • Exchanges


    1.1
    Right of free termination of contract

    According to the applicable standards, if hiring as a consumer, you are legally entitled to terminate the contract, up to 14 days upon its entering without submitting any reason.

    The period of free termination will expire after 14 days from the day on which you (or a third party - other than the deliverer - indicated by you) physically purchase several items in a separately delivered order, 14 days from the day on which you (or this third party indicated by you) physically purchased the last product.

    In order to exercise the right of free termination of contract, you may contact us on the telephone number 253 839 320, to the email apoioaocliente@ferrache.pt, of your decision to terminate the present contract by an unambiguous statement (example: a letter sent by mail or email).

    You may use the standard termination form as set out in the Annex.

    However, the consumer may exercise the right of free termination by any means and it shall not be compulsory to use any of those means. In order to comply with the termination period, it is sufficient to send the communication concerning the exercise of the right of termination before the expiration of the termination period. Effects of termination of the contract

    If you terminate the Contract, we shall reimburse the amount paid for the products, including the costs of delivery to the original place of delivery (with the exception of the additional costs arising from you not making the return through any of the free methods mentioned in Clause 14.3 and following) without undue delay and provided that it does not exceed 14 days from the day you were informed of your decision to terminate this contract.

    We will make the reimbursement through the same payment method that the client used for the original transaction.

    In any case, you will not pay any fee arising from such reimbursement. Notwithstanding the above, we may withhold a refund until we receive the products back, or until you demonstrate evidence that you have returned them.

    You can send the items for return with the printout of the Return Guide (To make a return from your home, you can make the return request through our email apoioaocliente@ferrache.pt. After we verify all the data, we will send a return guide for the delivery of the order to a pick-up point or CTT station) or deliver them to any FERRACHE store in Portugal, not exceeding 14 days from the date you informed us of the termination of the contract.

    The final deadline is met if you return the products before the 14-day period has expired. Unless you deliver the products to any FERRACHE store in Portugal or return the products via a carrier determined by us, you must bear the expenses of return. You are only responsible for a possible decrease in the value of the goods resulting from the delivery, and not for what is necessary to establish the nature, characteristics and operation of the products.

    Please note that, after delivery of the order, if you exercise your right to terminate the contract and make the return through a carrier chosen by you and not by FERRACHE, we cannot assume the risk in the return packaging when referring to causes not attributable to FERRACHE.

    Similarly, you are responsible for the content of the return packaging when choosing one of the return methods offered by FERRACHE. In the event of an error in the contents of the return packaging not allocated to FERRACHE, we are entitled to charge the costs associated with the corresponding return to you, if applicable. All rights recognised by the law in force will be safeguarded.


    1.2 Contractual right to return products


    In addition to the legally recognized right of free termination of the contract by consumers, mentioned in clause 14.1 above, we grant you a period of 15 days from the date of confirmation of delivery of the products to make your return (except those mentioned in clause 1.3 below, for which the right to return the products is excluded). You will be responsible for the direct costs of returning the product if you do not make the return in a FERRACHE store in Portugal or do not return the products by a carrier determined by us.

    You may exercise your right to return the products in accordance with the terms set out in clause 1.1 above for the exercise of the right of free termination of the contract. However, you must inform us of your intention to return the products and deliver them to us within 15 days from the confirmation of shipment.



    1.3 Conditions for the exercise of the contractual right to return products


    You do not have the contractual right to return the products, provided for in clause 14.2 for the following products:

    1. Customized items
    2. Music CDs and DVDs without the original packaging
    3. Sealed products which are not suitable for return for hygiene reasons and which have been opened after delivery.


    The contractual right to return products shall apply only to those products which can be returned under the same conditions as those under which you received them.

    No refund will be made if the product has been used beyond the simple opening of its packaging or if it has suffered damage; therefore, you must be careful with the products while they are in your possession.

    Please return the item, using or including the original packaging.

    It should also include all instructions, labels, documents and packaging of the products.

    Upon return, the respective products must be returned as indicated:


    1. Returns at FERRACHE stores: you can return any product at any FERRACHE store in Portugal that has the same section of the products you wish to return. In this case, you should go to any of these FERRACHE stores and present, together with the product, the invoice sent with the product.
    2. Returns by carrier: When returning the product(s) by a carrier determined by us, you should contact us via email apoioaocliente@ferrache.pt or by telephone number 253 839 320, so that the product is delivered to the place of original delivery. You should send the product in the same packaging you received, with a printout of the shipping note sent to your email.


    Neither of the two options above will incur any additional cost to you.

    If you do not wish to return the products through the free options available, you will be responsible for the return costs. Please note that if you decide to return the items to us for collection we will be entitled to charge you for any expenses we may incur. After examining the item, we will inform you whether you are entitled to a refund of the amounts paid.

    Delivery costs will be refunded when the contractual right to return the goods has been exercised within the contractually defined period for all goods concerned to be returned. The return will be made as soon as possible and in any case within 14 days from the date you notified us of your intention to return the products.

    Notwithstanding the above, we may withhold the return until we receive the products back or until you show evidence of what products you have sent. The return will always be made by bank transfer; only in case of payment by PayPal, the amount is returned by the same form of payment.

    If you have any questions, please contact us through our email - apoioaocliente@ferrache.pt or by phone at 253839320.

    Notwithstanding the limitations on the contractual right to return the goods, provided for in clause 1.2, this Clause shall not apply to the exercise of the right of free termination of the contract legally granted to the consumer, particularly with regard to the limitation of the powers of inspection and handling of goods.


    1.4 Defective products


    In cases where you consider that, at the time of delivery, the product is not in accordance with the provisions of the contract, you must contact us within the two-month period legally established through our contact form, indicating the details of the product as well as the damage suffered, or contact us on 253 839 320 and we will indicate what to do.

    You can return the product to any FERRACHE store in Portugal, by presenting the invoice sent with your order, or by delivering your order to a collection point of the carrier, being later refunded the corresponding amount.

    As legally established, instead of cancelling the contract (and consequent return of the good and refund), you can also opt for the replacement of the product, or for the appropriate reduction of the price. The reimbursement of the price, the replacement of the product or the appropriate reduction of the price paid for the article should occur as soon as possible and, in any case, within 30 days.

    The amounts paid for returned products for any damage or defects will be refunded in full, including delivery costs incurred in shipping the item and the costs of returning it.

    The return will always be made by bank transfer; only in case of payment by PayPal, the amount is returned by the same form of payment.

    All rights recognised by the law in force will be safeguarded.


    1.5 Size change


    If the item purchased by you does not correspond to the appropriate size, you have the possibility to request the change of size, without having to pay for any additional service of delivery of the new item, as long as you return the original item.

    This possibility is independent from the right of termination, which continues to exist, both from a legal and contractual point of view.

    You can request the change of size via email to apoioaocliente@ferrache.pt.

    Once the size change has been requested and the return method selected, you will have to deliver the original article to a FERRACHE store in Portuguese territory or through delivery to a carrier point in Portugal.

    The original item must be returned without any delay, and never after 14 calendar days since the size change request. None of the return method options will incur an additional cost.

    If you choose to deliver to a FERRACHE store in Portuguese territory, you must present the original item accompanied by the receipt that was made available to you on the respective delivery. If you choose to deliver it to the distribution company, you must return the original item in the package in which you received it and follow the instructions of this website’s Returns. Please note that if after 14 calendar days from the date of the order for size change you have not delivered the original item, we reserve the right to charge you the costs corresponding to the new order generated in accordance with these terms and conditions.


    1.6 Variations which are not to be considered as defects


    The products we sell, especially those handmade, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture knots and colours, may not be considered as defects or damage. On the contrary, you should count on their presence and appreciate them. We only select products of the highest quality, but the characteristics are unavoidable and must be accepted as part of the individual appearance of the product.


    1.7 Right of termination and return of orders from abroad

    If you have ordered items from another EU Member State outside of Portugal via this website, clauses 1.1, 1.2, 1.3 and 1.5 apply with the restriction that carriage determined by us may only be to the original delivery address within Portugal.

    Please be further advised that we are under no circumstances (with the exception of clause 14.4 to which this clause 1.7 does not apply) required to pay shipping costs to other addresses than the original delivery address, nor the costs of returning destinations outside Portugal. The provisions of this clause shall not affect your rights as a consumer and user, nor your right to terminate the contract.

  • Intellectual property

  • Communication

    The applicable law requires that part of the information or notifications we send is in writing. By using this website, you accept that most notifications with us are electronic. We will contact you by email or provide information through notices posted on this website.

    For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices be in writing. This condition shall not affect the rights recognised by law.

    NOTICES

    Customer notifications should preferably be sent via our email apoioaocliente@ferrache.pt. In accordance with the provisions of Clause 16 above and unless otherwise stated, we will send notifications to you by email or to the postal address provided when you placed your order.

    Notifications will be deemed to have been received, and correctly made, at the same time you enter our website, 24 hours after an email is sent or three days after the postage date of any letter.

    In order to prove that the notification was made, it will be sufficient to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

  • Rights and duties

     TRANSFER OF RIGHTS AND OBLIGATIONS

    The commitment of the contract applies to you and to us, as well as to our respective successors, persons who have benefited from transfers made by us and heirs.

    You may not transmit, waive, embargo or otherwise transfer a contract or any of the rights or obligations arising under it without obtaining our prior written consent.

    We may transmit, waive, embargo or otherwise transfer a contract or any of the rights or obligations arising under it at any time during the term of the contract to any company.

    All other transfers of our contractual position, rights or obligations under this contract shall also be subject to your prior consent.

    For the avoidance of any doubt, such transmissions, assignments, embargos or other transfers shall not affect the rights you, as applicable, have as a legally recognized consumer or which cancel, reduce or limit in any way the express and implied warranties we may have given you.

    FORCE MAJEURE REASONS

    We shall not be liable for any failure to perform or delay in performance of any of our obligations under a Contract caused by events beyond our control (Force Majeure Reasons).

    1. The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our control, including but not limited to the following: I. General strike, or other forms of protest that significantly affect the country.
    2. Public disorder, revolt, invasion, terrorist attack or threat, war (whether declared or not) or threat or preparation for war.
    3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster. Impossibility to use trains, boats, aircraft, engine or other means of transportation, public or private.
    4. Impossibility to use public or private telecommunications systems. Our obligations under the Contracts will be considered suspended for the period during which the Force Majeure Reasons occur and we will benefit from an extension of the period of time for fulfilling such obligations, for a period of time equal to the duration of the Force Majeure Reasons. We will use all reasonable means to terminate the Force Majeure Reasons or to find a remedy to enable us to fulfil our obligations under the Contract despite the Force Majeure Reasons.

     RIGHTS OF WAIVER

    The failure on our part to demand strict performance by you of any of your obligations under a Contract or these Conditions or the failure on our part to exercise any rights or actions which are due under such Contract or Conditions shall not mean a waiver or any limitation in respect of those rights or actions, nor shall it relieve you from performing your obligations. No waiver on our part of a specific right or action shall imply a waiver of our rights or actions under the Contract or the Conditions. No waiver by us of any of these Conditions or of any rights or actions arising under the Contract shall be effective unless it is expressly stated that it is a waiver, is formalised and communicated to you in writing in accordance with the provisions of clause 16 above.

     PARTIAL ANNULMENT

    If any of these Conditions or any provision of a Contract is declared null and void by a firm resolution by a competent authority, the remaining terms and conditions shall remain in force without being affected by such declaration of invalidity.

    SINGLE AGREEMENT

    These Conditions and all documents to which express references are made constitute the entire agreement between us and you with respect to the subject matter of the Contract and supersede any other covenant, agreement or promise previously made between us and you, whether verbally or in writing. We and you acknowledge that we have consented to the conclusion of the Contract without reliance on any statement or promise made by the other party or which may interfere with any written statement in negotiations entered into by both parties prior to this Contract, except as expressly stated in these Conditions.

    APPLICABLE LAW AND JURISDICTION

    The use of our website and the purchase contracts made through this page are governed by Portuguese law. This does not affect the other rights recognised to the consumer by current legislation.

    COMMENTS AND SUGGESTIONS

    Your comments and suggestions are always welcome. Please send your comments and suggestions to our email apoioaocliente@ferrache.pt.

    ALTERNATIVE DISPUTE RESOLUTION

    In this sense, if the transaction has been concluded through our website, we inform you - in accordance with EU Regulation 524/2013 - that you have the right to try to resolve any dispute out of court by accessing the online electronic dispute resolution platform at http://ec.europa.eu/consumers/odr/.

    You may consult the updated list of Alternative Dispute Resolution Entities available under Article 17 of Law No. 144/2015, of 8 September, at the Consumer Website www.consumidor.pt.

  • Attachment

    ANNEX


    TERMINATION FORM TEMPLATE

    (Please complete and return this form only if you wish to terminate the contract)


    For FERRACHE- Domingos Fernandes Ferreira e Filhos, Lda, with registered office at Rua da Agra, 324 4750-026 Barcelos (email apoioaocliente@ferrache.pt)


    I hereby inform you that I am terminating my sales contract for the following items:


    Ordered in / received in (*)


    Name of consumer


    Address of the consumer


    Signature of the consumer (only if this form is notified on paper) Date


    (*) Delete as appropriate