1 – Scope of application
The general conditions of sale defined below apply to commercial transactions between Reclalgarve – Publicidade e Design, Lda., hereafter referred to as Reclalgarve, and the Client, in which the first sells or provides the service and the second buys or acquires services. These conditions come into effect on 1st March 2020 and prevail over any other general conditions of the Client, cancelling and replacing those that were previously in use.
2 – Proposal
The proposals presented by Reclalgarve are valid for 30 (thirty) days from the date of issue, and are subject to revision at the end of this period. The proposals presented by Reclalgarve do not include the acquisition of professional photos and logotype vectorization. Should the Client wish to make use of these services, he should request the respective budget.
3 – Order
The order of products and the contracting of services must be made in writing, ideally by e-mail, by the Client, by the person empowered to do so, and assumes full acceptance of these general conditions. The order must indicate the proposal number, the specific products and services ordered, and properly indicate any corrections to be made. The partial adjudication of a proposal may imply the revision of its prices or its non-acceptance. Final approval of the mock-ups should be communicated to Reclalgarve in writing, preferentially by email or through the Client’s signature on the mock-up sheet. Reclalgarve reserves the right not to begin any work and/or supplies if the Client does not respect the formalities set out in this Clause.
4 – Intellectual Property and Confidentiality
Is not permitted partial or complete reproduction of the proposal/mock-up produced by Reclalgarve and made available to the Client. All intellectual rights resulting from the proposal presented by Reclalgarve or the model/mock-up produced by Reclalgarve are protected by law and must be considered, until approved, confidential and a Reclalgarve business secret, and may not be used by the Client without his consent, under penalty of incurring in responsibility.
5 – Conditions of Execution
Reclalgarve does not guarantee the Client the faithfulness of the images of the mock-ups in relation to the final product, especially the visualized colors, and the choice of the final mock-up should be made at Reclalgarve’s facilities in order to guarantee the greatest possible correspondence. If the work to be executed by Reclalgarve depends on files in the Client’s possession, these must be delivered when the contract is adjudicated, so that Reclalgarve may be able to respect the agreed delivery deadline. It is the Client’s exclusive responsibility to ensure that there is electricity in the location where the works and/or products will be installed.
6 – Content
The use, in any way whatsoever, of content made available in image banks and/or others is the Client’s exclusive responsibility, and only the Client can be imputed any responsibility that may result from this.
7 – Price and Payment Conditions
All sales are subject to VAT, at the legal rate in use, as well as environmental taxes and/or others when applicable. Payment terms: 50% with the adjudication, and the remaining 50% with delivery and/or assembly. Pre-payment for values up to 1,000.00 Euros + VAT. Non-compliance with the terms of payment will give rise to interest on delayed payment, calculated at the applicable legal rate, and Reclalgarve also reserves the right to interrupt any and all work in progress. Reclalgarve may change the price initially agreed upon if the mock-up is modified during the course of the work. The cancellation or suspension of work already in progress, by the Client, will imply its payment.
8 – Delivery
The delivery dates agreed with the Client are valid except in cases of majeure force, such as: failure to supply materials caused by our suppliers not meeting their deadlines, strikes, public calamities, fires at Reclalgarve’s facilities, serious accidents involving machinery or tools essential to the execution of the project/works, interruptions in the electricity supply and other cases of majeure force. The delivery dates agreed upon with the Client will be automatically extended to dates that Reclalgarve will define at a later date, in the following cases: a) If, after having been adjudicated the mock-up/order, the Client introduces important alterations to it; b) If the Client delays in supplying elements that are indispensable to the execution of the mock-up/order; c) If the payment conditions are not respected.
9 – Return
No returns will be accepted as long as the product is delivered in perfect condition and the delivery is made in accordance with the order. In the eventuality of this not being the case, the Client must complain to Reclalgarve about the non-conformity, who will analyze the cause that originated it and take the appropriate action, with a view to restoring the product in conformity with the contract, through repair or replacement, appropriate price reduction or resolution of the contract, at no cost to the Client.
10 – Warranty
Reclalgarve guarantees the Client that the goods will be restored to conformity with the contract, free of charge, within a period of 2 (two) years from the date of delivery of the movable tangible item. The warranty period may be extended if so agreed between Reclalgarve and the Client. When claiming a warranty, the Client must present proof of purchase. Reclalgarve will not, however, be held responsible for damage caused by incorrect use of the products supplied, acts of vandalism, road or other accidents, storms, strong winds, torrential rain and snow or hail, earthquake phenomenon, fires, lightning or explosion or other phenomenon of nature. The warranty period mentioned herein does not apply to electrical materials, whose warranty is given under the manufacturer’s conditions, or materials of rapid use, such as flags, banners, canvas, or other elements of this nature. Please consult us regarding this point.
11 – Property
Reclalgarve is the owner of the materials, products and equipment supplied until full payment of the invoiced amount, by the Client, who will be invested with the responsibility of faithful guardian of the products sold until full compliance with the obligations undertaken by the Client. To this effect, the Client agrees to inform any interested third parties of these General Conditions. Where it has been agreed to pay by delivery of partial amounts, failure to pay any part of the amount due results in the loss of the amounts already paid and, gives Reclalgarve the right to demand the immediate delivery of the material, product or equipment sold. In this situation, or the non-payment of an invoice by the due date, the Client is obligated to return to Reclalgarve, within 8 days of that date, the materials or equipment held in trust. Failure to comply with this obligation means that Reclalgarve may at any time take possession of the materials or equipment supplied, wherever they may be, with the costs of their collection, transportation and depreciation being at the Client’s risk.
12 – Licensing
The licensing or previous authorizations necessary for the installation or placement of the materials/products supplied by Reclalgarve is the Client’s entire responsibility.
13 – Communication
The Client, now authorizes Reclalgarve to present as an integrated part of its Portfolio and to communicate it in the media, all the work/projects developed by Reclalgarve, it considers pertinent.
