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Terms and Conditions

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Terms and Conditions of the PMH - Medical Hospital Products, S.A. Online Store
 
1. Scope and Object of the General Conditions of the Store

These General Conditions, together with the order form and other elements referred to therein, are intended to regulate the terms and conditions under which the provision of the Online Store Service by PMH - Medical Hospital Products, S.A. ("Service" or "Store") with its registered office at Zona Ind. da Murteira, Rua Guiné Bissau, Lt. 9 2135-327 SAMORA CORREIA - PORTUGAL, under the single registration and corporate identification number 502376899, with a share capital of €6,924,000.00, hereinafter referred to as "PMH - Medical Hospital Products, S.A."
The Service consists of providing, through the address www.pmh.pt, access to the Online Store, which, in addition to providing information about a range of products and/or services, allows the User to electronically order the products disclosed therein, under the terms and conditions described here. Product orders must be placed by Users aged 18 (eighteen) years or older (individuals under the age must have the authorization of their representatives). The elements and information transmitted by the User shall have full legal effect, with the User acknowledging electronic acquisitions, and cannot claim the lack of a signature for non-compliance with the assumed obligations.


2. Product Information and Contents
 
PMH - Medical Hospital Products, S.A. will make every effort to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur. If a product is purchased with different features than those presented online, the User has the right to terminate the purchase contract under applicable legal terms (right of free termination - see point 9). PMH - Medical Hospital Products, S.A. will make every effort to dispatch all ordered products, but in certain cases, due to factors that are difficult to control by PMH - Medical Hospital Products, S.A., such as human errors or incidents in computer systems, it may not be possible to provide some of the products requested by the User. If a product is not available after the order has been placed, the User will be notified by email or by phone. At that time, the option to cancel the order with a corresponding refund will be presented if the payment has already been made. All information regarding price, products, specifications, promotional actions, and services may be changed at any time by PMH - Medical Hospital Products, S.A.


3. Responsibilities
 
3.1 All products and services sold in the PMH - Medical Hospital Products, S.A. Online Store comply with Portuguese law.
3.2 The Store has the appropriate security levels; however, PMH - Medical Hospital Products, S.A. 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 communication network or communication services provided by third parties, the computer system, modems, connection software, or any computer viruses, or resulting from downloading through the service of infected files or files containing viruses or other properties that may affect the User's equipment. If, for any reason, there is an error in accessing the PMH - Medical Hospital Products, S.A. Online Store website, resulting in the inability to provide the service, PMH - Medical Hospital Products, S.A. will not be responsible for any damages.
3.3 Data and information queries made under this Service are presumed to be made by the User, and PMH - Medical Hospital Products, S.A. disclaims any liability arising from the abusive or fraudulent use of the obtained information.
3.4 PMH - Medical Hospital Products, S.A. will not be liable for any losses or damages caused by abusive use of the Service that is not directly attributable to it for willful misconduct or gross negligence.
3.5 PMH - Medical Hospital Products, S.A. is not responsible for losses or damages resulting from the non-compliance or defective performance of the Service when it is not directly or indirectly attributable to it for willful misconduct or gross negligence, specifically disclaiming responsibility for (i) errors, omissions, or other inaccuracies related to the information provided through the Service; (ii) damages caused by User or third-party fault, including violations of intellectual property; (iii) non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities; or (iv) non-compliance or defective performance resulting from the occurrence of force majeure, i.e., extraordinary or unforeseeable situations beyond PMH - Medical Hospital Products, S.A.'s control, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, or other natural cataclysms, or any other situations not controllable by PMH - Medical Hospital Products, S.A., which prevent or compromise the fulfillment of the assumed obligations.
3.6 Without prejudice to the provisions of the preceding paragraphs, and to the extent permitted by law, PMH - Medical Hospital Products, S.A.'s liability for contractual non-compliance or defective performance shall be limited to the amount of the transaction performed by the User. PMH - Medical Hospital Products, S.A. shall not be liable for any indirect damages or losses suffered by the User or third parties.
3.7 The User acknowledges and accepts that Internet communications may circulate on open networks, being exposed to the risk of capture and use by third parties. PMH - Medical Hospital Products, S.A. will not be liable for the consequences of the interception by third parties of the information made available on the website.
3.8 PMH - Medical Hospital Products, S.A. is not responsible for any damages or losses that may arise from the use of the Service, including any damage to the User's computer equipment, software, or data, due to viruses, malware, or any other harmful material or action. The User is responsible for ensuring adequate protection, namely through the use of antivirus and security tools.
3.9 PMH - Medical Hospital Products, S.A. is not responsible for any damages or losses resulting from the misuse of the Service or the breach of these General Conditions by the User.
3.10 The limitations on PMH - Medical Hospital Products, S.A.'s liability set forth in these General Conditions shall not apply to any mandatory legal rights that may be attributed to Users under applicable law.


4. Orders
 
4.1 To place an order through the PMH - Medical Hospital Products, S.A. Online Store, the User must access www.pmh.pt, select the desired products, and add them to the shopping cart.
4.2 The User must follow the purchase process, providing the requested information, namely: name, delivery address, billing address, email, and other necessary data for the purchase and delivery of products.
4.3 The order is only valid after payment is confirmed. PMH - Medical Hospital Products, S.A. reserves the right not to accept or cancel orders that present discrepancies or inaccuracies in the information provided by the User, or if the User violates any obligations set forth in these General Conditions.
4.4 The confirmation of the order by the User implies acceptance of these General Conditions, as well as the prices and descriptions of the products available for sale.
4.5 Orders are valid for a maximum period of 15 (fifteen) days, unless the order is registered under a promotional campaign that defines a different term, and in this case, the relevant term will apply.
4.6 If, for any reason, it is impossible to fulfill the order in whole or in part, the User will be informed immediately and may choose to receive only the products that are available or to cancel the order. The value of the products that cannot be delivered will be refunded.
4.7 The images that illustrate each product may differ from the delivered product. PMH - Medical Hospital Products, S.A. is not responsible for any inconsistencies between the image and the actual product, except for the cases provided for in point 2 regarding the right of free termination.


5. Prices
 
5.1 The prices of the products available in the PMH - Medical Hospital Products, S.A. Online Store are indicated in euros and include VAT at the legal rate in force.
5.2 The total price specified in the final checkout menu is the final price, including taxes and shipping costs. Prices are quoted and payable in euros.
5.3 PMH - Medical Hospital Products, S.A. reserves the right to change prices at any time. However, PMH - Medical Hospital Products, S.A. undertakes to apply the rates and prices indicated at the time of the order.


6. Payment Methods
 
6.1 To pay for the order, the User may use the following payment methods: Multibanco, Credit Card (Visa, MasterCard), and PayPal.
6.2 For payments by Multibanco, the User must follow the instructions on the website and make the payment within the specified deadline.
6.3 In the case of payment by credit card, the debit will be made on the User's card immediately after confirming the shipment of the products.
6.4 Payments made by credit card are subject to the conditions mentioned in point 10 regarding the security and confidentiality of User data.


7. Delivery
 
7.1 The delivery of products is carried out by external entities contracted for this purpose by PMH - Medical Hospital Products, S.A. Delivery times may vary according to the destination, as well as factors beyond the control of PMH - Medical Hospital Products, S.A.
7.2 Shipping costs are the responsibility of the User and are added to the total value of the order. The User will be informed of these costs before confirming the order and completing the purchase process.
7.3 Delivery times are indicative and are counted from the moment of payment confirmation. The delay in delivery does not confer the right to compensation.


8. Withdrawal and Termination
 
8.1 The User has the right to freely terminate the contract within 14 days from the day after the date on which the User or a third party indicated by the User, other than the carrier, acquires physical possession of the goods.
8.2 To exercise the right of withdrawal, the User must inform PMH - Medical Hospital Products, S.A. of the decision to withdraw from the contract by means of an unequivocal statement (e.g., letter sent by mail or email).
8.3 In order to comply with the withdrawal period, it is sufficient that the User sends the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
8.4 In the event of termination, all payments made, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the less expensive standard delivery method offered by PMH - Medical Hospital Products, S.A.), shall be reimbursed without undue delay, and in any case, no later than 14 days from the date on which PMH - Medical Hospital Products, S.A. is informed of the User's decision to withdraw from the contract.
8.5 PMH - Medical Hospital Products, S.A. may withhold reimbursement until it has received the goods back or until the User has provided evidence of having sent back the goods, whichever comes first.
8.6 The User must send back the goods without undue delay and, in any case, no later than 14 days from the day on which PMH - Medical Hospital Products, S.A. is informed of the decision to withdraw from the contract. The deadline is met if the User sends back the goods before the period of 14 days has expired.
8.7 The User shall bear the direct cost of returning the goods.
8.8 The User is only responsible for the depreciation of the goods resulting from handling other than that necessary to establish the nature,characteristics, and functioning of the goods.


9. Privacy and Personal Data

9.1 PMH - Medical Hospital Products, S.A. collects and processes Users' personal data in accordance with the provisions of the Privacy Policy, which is an integral part of these General Conditions.
9.2 By using the Service and providing personal data, Users consent to the collection and processing of their data in accordance with the Privacy Policy.


10. Security and Confidentiality

10.1 PMH - Medical Hospital Products, S.A. is committed to adopting the necessary security measures to ensure the safeguarding of Users' personal data against its possible misuse or against access by unauthorized third parties.
10.2 Notwithstanding the provisions of the previous number, PMH - Medical Hospital Products, S.A. does not guarantee that the security measures adopted for the protection of this website and for the transmission of data and information through the website exclude any risk of unauthorized access or loss of data.
10.3 PMH - Medical Hospital Products, S.A. undertakes to regularly adopt security measures, taking into account the best practices, to ensure the protection of Users' personal data.
10.4 The User should be aware that by using the Service, personal data will be transmitted over open networks and may be subject to interception by unauthorized third parties.


11. Applicable Law and Competent Forum

11.1 These General Conditions and all emerging litigations that are related to these General Conditions, including their validity, use of the website, or any purchase made through it, are governed by Portuguese law.
11.2 In the event of a dispute arising from the validity, interpretation, or execution of these General Conditions, the Lisbon District Court is expressly chosen as the competent court, to the exclusion of any other.


12. Alternative Dispute Resolution

12.1 In the event of a consumer dispute, as defined by Law no. 144/2015, of September 8, the consumer may use the Consumer Dispute Resolution Center of Lisbon, with the following contacts:
      Address: Rua dos Douradores, 116 - 2º, 1100-207 Lisboa.
      Email: cadr.lisboa@pmc.gov.pt.
      Phone: 218 807 030.
12.2 More information on the Consumer Dispute Resolution Center of Lisbon is available at www.csal.pt.


13. Contacts

13.1 For any clarification related to the online store, orders, or these General Conditions, Users may contact PMH - Medical Hospital Products, S.A. through the following means:
      Address: Rua dos Pioneiros, Lote 10, n.º 15, 2950-606 Pinhal Novo, Portugal.
      Phone: + 351 212 387 300.
      Email: info@pmh.pt.


14. Amendments to the General Conditions

14.1 PMH - Medical Hospital Products, S.A. reserves the right to change these General Conditions at any time. Users are subject to the principles and terms in force at the time of their order, unless the law or competent authority imposes any changes to them.
14.2 Users are advised to consult the General Conditions periodically.


15. Severabilit

15.1 If any provision of these General Conditions is declared void, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or diminished, and the void, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that, as far as possible, achieves the same commercial effect as the void, illegal, or unenforceable provision.


16. Online Dispute Resolution

16.1 In the event of a consumer dispute, the consumer may use the European Online Dispute Resolution Platform available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PT.
16.2 For more information on alternative dispute resolution methods, the consumer can consult the Consumer Portal at www.consumidor.gov.pt.
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