Online Store Terms and Conditions PMH - Produtos Médico Hospitalares, S.A.
1. Scope and Object of the General Conditions of the Store
These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Store Service PMH - Produtos Médico Hospitalares, SA ("Service" or “Loja”) by PMH - Produtos Médico Hospitalares, SA, headquartered in Zona Ind. da Murteira, Rua Guiné Bissau, Lt. 9 2135-327 SAMORA CORREIA - PORTUGAL, under the unique registration and identification number of a legal person nº 502376899, with a share capital of € 6,924,000.00, hereinafter referred to as "PMH - Produtos Médico Hospitalares, SA".
The Service consists of providing access to the Online Store through the address www.pmh.pt which, in addition to providing information on a set of products and / or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.
The ordering of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of one must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
2.Product Information and Contents
PMH - Produtos Médico Hospitalares, S.A. will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution - see point 9).
PMH - Produtos Médico Hospitalares, SA will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by PMH - Produtos Médico Hospitalares, SA, such as human errors or incidents in the systems information, it is not possible to provide any of the products requested by the User. If any product is not available after placing the order, you will be notified, by email or by phone. At that time, you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.
All information on prices, products, specifications, promotional actions and services may be changed at any time by PMH - Produtos Médico Hospitalares, S.A.
3.Responsibilities
3.1 All products and services sold at the PMH Online Store - Produtos Médico Hospitalares, S.A. are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however PMH - Produtos Médico Hospitalares, SA will not be responsible for any losses suffered by the User and / or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading (“download”) through infected files or containing viruses or other properties that may affect the User's equipment. If for any reason of error of access to the online website of the PMH Online Store - Produtos Médico Hospitalares, S.A. it is impossible to provide services, PMH - Produtos Médico Hospitalares, S.A. will not be responsible for any losses.
3.3 The consultations of data and information carried out within the scope of this Service, are presumed to have been carried out by the User, and PMH - Produtos Médico Hospitalares, S.A. declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 PMH - Produtos Médico Hospitalares, S.A. will not be responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to you as a fraud or serious fault.
3.5 PMH - Produtos Médico Hospitalares, SA is not responsible for the damages or damages resulting from the non-fulfillment or defective fulfillment of the Service when this is not directly or indirectly attributable by way of intent or serious fault, not being responsible in particular for (i) errors , omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) by non-compliance or defective compliance that results from the fulfillment of judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside PMH - Produtos Médico Hospitalares, SA and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by PMH - Produtos Médico Hospitalares, SA that prevent or hinder the fulfillment of obligations assumed.
3.6. PMH - Produtos Médico Hospitalares, S.A. does not guarantee that:
i) the Service is provided uninterruptedly, is secure, without errors or works in an infinite way;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to it;
iii) any material obtained in any way through the use of the Service is used at the User's own risk and risk, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that PMH - Produtos Médico Hospitalares, SA can in no way be held responsible for any damage, including, but not limited to, damage due to loss of profits, data, content, or any other loss (even if it was previously warned by the User about the possibility of the occurrence of such damages), resulting:
i) the use or impossibility of using the Service;
ii) the difficulty of obtaining any substitute for goods / services;
iii) unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and PMH - Produtos Médico Hospitalares, S.A. declines any responsibility. In the event that the consumer violates any of these obligations, PMH - Produtos Médico Hospitalares, SA reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by PMH - Produtos Médico Hospitalares , SA to the same User; and, still, not allow the future access of the User to any or any services provided by PMH - Produtos Médico Hospitalares, S.A ..
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of reselling goods.
5.Privacy and Protection of Personal Data
5.1. PMH - Produtos Médico Hospitalares, S.A. guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as mandatory supply are indispensable for the provision of the Service by PMH - Produtos Médico Hospitalares, SA The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal provision of the Service by PMH - Produtos Médico Hospitalares, SA.
5.3. The User's personal data will be processed and stored computerized and are intended to be used by PMH - Produtos Médico Hospitalares, SA within the scope of the contractual and / or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND ACCORDING TO THE PURPOSE OF THE COMPANY IN CONCRETE
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes provided for in the previous paragraph, and for this purpose, contact the entity responsible for the processing of personal data: PMH - Produtos Médico Hospitalares, SA
5.5. The Internet is an open network, so the User's personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, including the risk of being accessible and used by unauthorized third parties for the effect, and PMH - Produtos Médico Hospitalares, SA cannot be held responsible for such access and / or use.
6.Cancellation of orders
6.1 At the request of the User
You can cancel your order by requesting it from PMH - Produtos Médico Hospitalares, S.A. through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After its processing, PMH - Produtos Médico Hospitalares, S.A. will try to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must indicate the following data to PMH - Produtos Médico Hospitalares, S.A .:
a) Order number
b) TIN with which you placed the order and delivery address
6.2 By decision of PMH - Produtos Médico Hospitalares, S.A.
PMH - Produtos Médico Hospitalares, S.A. reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. PMH - Produtos Médico Hospitalares, SA reserves the right not to process any order or refund, in the event of errors in the values ??and / or characteristics of the products, when these arise from technical problems or errors unrelated to PMH - Produtos Médico Hospitalares, SA.
7. Return (Right of withdrawal)
7.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the property.
To exercise this right, the User may use the draft indicated below, and must indicate all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the acquired asset, or by another appropriate and susceptible means of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to PMH - Produtos Médico Hospitalares, S.A. under the proper conditions of use.
Draft for free resolution form (you must complete and return this form only if you want to terminate the contract)
- To [insert here the name, the geographical address and, if necessary, the fax number and the email address of the professional]:
- By this communication / we communicate (*) that I am resolving / we have resolved (*) of my / our (*) purchase and sale contract related to the following asset / for the provision of the following service (*) - Requested on (*) / received in (*) -
Name of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this form is notified on paper). (*) Strike out what does not apply.
The packaging must be returned complete, as it was delivered and accompanied by all documentation received, namely, the following documents: sales invoice and the document that proves the receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:
PMH - Produtos Médico Hospitalares, S.A.
Zona Ind. Da Murteira, Rua Guiné Bissau, Lt. 9
2135-327 SAMORA CORREIA - PORTUGAL
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
7.2. Upon receipt of the return at PMH - Produtos Médico Hospitalares, S.A. the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount). If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. In the remaining cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The reimbursement is made up to 14 days after the receipt of the desire for free resolution and the receipt of the return of the asset.
7.4. In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.
8. Manufacturing defect
8.1. In case of "manufacturing defect", that is, when malfunctions are detected in the equipment that, in principle, does not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the form "Order Exchange / Return of Equipment ”completed, within a maximum period of 30 consecutive days from the invoice date, to the following address:
PMH - Produtos Médico Hospitalares, S.A.
Zona Ind. Da Murteira, Rua Guiné Bissau, Lt. 9
2135-327 SAMORA CORREIA - PORTUGAL
If the User chooses other forms of return, the respective costs shipping costs will be your responsibility.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the components that constitute it, in excellent condition.
8.3. In the absence of any of the elements mentioned above, or if any of the components are not in excellent condition, there will be no exchange, and the product will be sent back to the User.
9.Warranty
9.1. All equipment available in the Store is duly certified by the competent international entities.
9.2. The equipment and accessories have a warranty period defined by the manufacturer, which, under legal terms, is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised by presenting the warranty certificate and / or proof of purchase (invoice) duly completed.
9.3. Equipment that has passed the period defined by the manufacturer or has defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture / liquids, use of non-accessories are considered out of warranty conditions. technical interventions by unauthorized personnel.
9.4. If the equipment breaks down, and if it is covered by the warranty, the User can go with the same, and respective proof of purchase and / or warranty, to a service center of the brand.
9.5. The accessories covered by the warranty, which break down, must be sent, with the respective proof of purchase and / or warranty, to the following address:
PMH - Produtos Médico Hospitalares, S.A.
Zona Ind. Da Murteira, Rua Guiné Bissau, Lt. 9
2135-327 SAMORA CORREIA - PORTUGAL
If the User chooses other forms of return, the respective shipping costs will be his responsibility. The User must always request the CTT receipt that proves the order was sent.
9.6. If the equipment breaks down and this failure is not covered by the warranty, the User can go with the same, and respective proof of purchase, to a service center of the brand.
10. Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of PMH - Produtos Médico Hospitalares, S.A ..
10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement publicly available such content or any other unauthorized acts which have the same content as their object.
11. Service Security Conditions
11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for the use of the Service, under penalty of PMH - Produtos Médico Hospitalares, SA suspending or deactivating the Service under the terms set out in point 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, therefore PMH - Produtos Médico Hospitalares, SA does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. PMH - Produtos Médico Hospitalares, SA also does not guarantee the provision of the Service in situations of unpredictable overload of the systems in which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, outside PMH - Produtos Médico Hospitalares, SA and that cannot be controlled by it).
11.4. In case of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is based, PMH - Produtos Médico Hospitalares, S.A. undertakes to regularize its operation as soon as possible.
12. Suspension and deactivation of the Shop Service
12.1. Regardless of any prior or subsequent communication, PMH - Produtos Médico Hospitalares, S.A. may, at any time, and in its sole discretion, discontinue the provision of the Service and / or part of the Service to one or all Users.
12.2. PMH - Produtos Médico Hospitalares, S.A. further reserves the right to suspend or immediately terminate access to the Service, in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When PMH - Produtos Médico Hospitalares, S.A. ceases access to the Store, by giving 15 days prior notice of the termination date.
12.3. The suspension or termination of the Service by PMH - Produtos Médico Hospitalares, SA, under the terms of the previous paragraphs, regardless of the User or third party's right to any compensation or other compensation, and PMH - Produtos Médico Hospitalares, SA cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, annulment, cancellation of the Service.
12.4. In the situations described above, PMH - Produtos Médico Hospitalares, SA will inform the User, previously so that he can, if he wishes, to safeguard the contents of his order viewing area within 3 (three) working days from the shipment e-mail or information availability on the Service's main page.
13. Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact. .
13.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and / or email address (“email”) indicated in the ordering process.
At any time, you can request not to receive these communications and / or notifications through the Contact Form or through the option of the option "Do not receive the Newsletter" registered in each Newsletter.
14. Technical Settings
14.1. Without prejudice to the provisions of the following paragraph, PMH - Produtos Médico Hospitalares, SA may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days.
14.2. The version at all times in force of these General Conditions and its annexes is available on the website www.pmh.pt.
15. Communications
15.1. Whenever PMH - Produtos Médico Hospitalares, S.A. deems it necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it may remotely reformulate the network settings.
15.2. Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the Service and the technological developments to which it may be subject, PMH - Produtos Médico Hospitalares, SA may change its technical configurations whenever it proves convenient to adapt it to technological developments.
15.3. However, PMH - Produtos Médico Hospitalares, S.A. does not guarantee the User to carry out any upgrades or improvements in the Service.
15.4. Some upgrades or new features of the Service may be available only against payment by the User and / or subscription, by the same, of Specific Conditions of use.
16. Complaints
16.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to PMH - Produtos Médico Hospitalares, SA of acts and omissions that violate the legal provisions applicable to the acquisition of goods .
16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of PMH - Produtos Médico Hospitalares, SA, which must decide the complaint and notify the interested party within the deadline. maximum of 30 (thirty) days from the date of receipt.
Applicable law
The Contract is governed by Portuguese law.