These detailed terms and conditions of sale (hereafter "Terms and Conditions") govern the contractual relationship between SWIFTEC, LDA and all users / customers of the website www.onpowerbox.com.
The customer undertakes to use the product described on the website in accordance with its rules and regulations, and in accordance with the Terms and Conditions set out below.
The website www.onpowerbox.com may change, in whole or in part, at any time, the terms and conditions set out in this document. These terms and conditions of use apply to all users of the website and to all commercial transactions performed through its online shop. Once the customer validates a transaction, they are considered to accept our terms and conditions of sale. Any other clause or document attached to an order placed by a customer that fails to comply with these terms and conditions will not be accepted by SWIFTEC, LDA, the responsible company for the website. Once the order is placed, the customer will have 3 days to cancel it. After this, all product and delivery prices will be charged.
2. Product information
The presentation of the products in the online shop is not a legally binding offer. It is only an online catalogue. Note that the images on the website are purely illustrative and it is therefore recommended to consult the product details to clarify the essential features. SWIFTEC, LDA. reserves the right to change, at any time, the information and sale offer presented for the products, such as prices, promotions and commercial conditions and services.
2.1 Responsibility for content
The contents of this page have been created with the utmost care, as have the terms and conditions described. SWIFTEC, LDA. shall not be liable for the accuracy, integrity and currency of the content. The website www.onpowerbox.com may be changed at any time, in part or in whole, and the terms and conditions of its use, described above, may also be changed in accordance with the applicable legislative changes. The duty to remove or block the use of information remains unchanged as liability can only be assigned from the date and time that a specific illegality becomes known, from which point, following analysis of the specific situation, and in the event that the illegality is confirmed, the content in question will be immediately removed. However, in accordance with the provisions of Art. 4 of Portuguese Decree-Law 24/2014, of 14 February, SWIFTEC, LDA. guarantees that the content of the mandatory information to be provided to the consumer shall not be changed, unless otherwise agreed by the parties to the contract.
2.2 How to place an order
1. The user may place an order through the purchasing process made available through our online platform. 2. The order is placed as follows: a) The customer registers on the shop website, providing the information requested there, which is essential for the successful completion of the purchase process. b) The customer logs in (providing the e-mail address and password combination selected by the user during the creation of the account). c) The customer completes the information and chooses the options provided during the "check-out" process. 3. Confirmation of the order by the user is equivalent to full and effective acceptance of SWIFTEC, LDA’s pricing policy and of the general terms and conditions of sale of the products. 4. SWIFTEC, LDA. undertakes to guarantee orders received online only up to the limit of the available stocks. 5. The details on the invoice are the sole responsibility of the user. Once issued, the invoice cannot be reissued with any desired changes. By clicking "add to cart", the user can select the desired item in the quantities indicated. In the second step, the user clicks on "choose payment method" and chooses their preferred form, provided that it is supported by SWIFTEC, LDA., and enters the customer information, including the desired billing address and delivery address. The user then clicks on "check order", which gives them the option of returning to the order to make any changes, by checking all the details entered and, if necessary, correcting them in the respective input fields. Finally, by clicking on "send order", the customer sends a binding order for the items placed in the shopping cart, without prejudice to the any rights of revocation and termination. Confirmation of receipt of the order is provided immediately after it is sent, although this does not mean acceptance of the contract. The contract is only entered into once SWIFTEC, LDA. accepts the binding proposal, by sending an order confirmation to the email address provided, accompanied by an invoice with the order details. SWIFTEC, LDA. undertakes to confirm the contract within 5 days and at the latest on delivery of the goods or before the start of the service. The contract is confirmed with the delivery to the consumer of the mandatory pre-contractual information, in physical form.
3. Prices and discounts
Product prices do not include VAT. VAT will only be added on conclusion of the purchase phase. Prices and specifications are subject to change without prior notice. Any additional costs relating to foreign countries, including customs clearance, are the sole responsibility of the customer.
Vouchers will occasionally be issued offering the User benefits in the order amount payable. There are 3 types of Vouchers: – Shipping deals. – Percentage discount on one or more products. – Fixed amount discount on one or more products: • The use of any Voucher may be subject to a minimum purchase amount. • All Vouchers have an associated expiry date. The order must be placed until this date. • Keeping a product in the “shopping cart” is no guarantee of price or discount. • Vouchers are in the form of a code of several characters and can be entered in their own field after clicking on “Shopping Cart”. When the customers place the order they expressly and knowingly confirm that order involves an information obligation.
4. Payment methods
Notwithstanding special conditions subject to prior written agreement, the payment methods are as follows: a) Paypal b) Bank transfer c) In person, at our premises d) Payment on delivery (shipping costs paid in advance) e) MultiBanco (ATM) references (Company, Reference and Amount payable) f) Credit card Payment must be received within 10 days of purchase confirmation in the shopping cart in order to avoid "ghost" orders. Proof of payment must be sent to firstname.lastname@example.org so that the order can be processed as soon as possible.
5. Delivery times
All orders placed through our online shop will be sent to the shipping company 1 to 3 days after they are placed. If the customer is not at the delivery location when it is made and the delivery cannot be made the shipper will leave a note so that it can be collected later. In most cases the delivery can be collected from the nearest post office or another delivery can be arranged. There may be geographical or other restrictions on the delivery that mean the delivery times are not observed. In the event of failure to meet the terms of the contract due to the ordered product not being available, SWIFTEC, LDA. undertakes to inform the consumer and reimburse the payment within 30 days of the date on which the lack of availability becomes known. However, SWIFTEC, LDA. reserves the option to supply an item of equivalent quality and price, in which case the consumer must bear the cost of the return.
6. Shipping and reshipping costs
Shipping costs are not included in the final product price. Once the customer receives the product, they must ensure that the package in good condition and that it contains the correct quantities. Shipping costs for the guarantee are the exclusive responsibility of the customer. Damage caused during product shipping to our premises is the exclusive responsibility of the customer. All deliveries for exchanges / returns are always at the buyer's expense, except in the event of error on our part (e.g. delivery of wrong article, in which case we will assume all shipping costs). Redelivery of the product (for exchanges) is also at the buyer's expense.
7.1 Right of withdrawal from contract
The customer has the right to terminate the contract, without the need to state any reason, within 14 days of the date on which the consumer or a third party, other than the carrier, indicated by the consumer, takes physical possession of the items or, takes possession of the final item in the case of several items contained in a single order placed by the customer but delivered separately. The right to terminate freely expires after the 14 days. In order to exercise the right of free termination, the customer must notify SWIFTEC, LDA., of their decision to terminate the agreement by means of an unambiguous statement accompanied by a purchase invoice. The statement in which the consumer unambiguously communicates their decision to terminate the contract must be made in particular by letter sent by post, by telephone, by return of the goods or by other means that can be proved. In order to comply with the period for free termination, it is sufficient for the notice of the exercise of the right of free termination to be sent before the expiry of the period for termination. As free termination is possible by electronic means and if the consumer opts for this method, SWIFTEC, LDA. shall send acknowledgement of receipt of the statement of termination to the consumer within 24 hours in a durable medium, including electronically. If the consumer chooses to use any other means, SWIFTEC, LDA. shall send acknowledgement of receipt of the declaration of termination to the consumer within 48 hours, notwithstanding any postal delays affecting letters. Upon receipt of the declaration, the customer will be contacted with instructions for the return of the items, which must in any case be returned in the full original packaging, with seals intact in all parts. The refund will be made, in accordance with the law, as soon as possible, but no later than 14 days following the return of the product. Until receipt of the returned order, SWIFTEC, LDA shall not be responsible for any damage or theft during shipping or for loss of shipments returned uninsured.
7.2 Effects of free termination
If this contract is terminated, all payments made shall be reimbursed, including delivery costs (except for additional costs resulting from the choice of a shipping method other than the least costly one, our normal method), without undue delay and, in all cases, no later than 14 days from the date on which SWIFTEC, LDA. is properly informed and notified of the decision to terminate this contract. We make these refunds using the same method of payment used in the initial transaction, unless otherwise agreed by the customer; in any event, the customer shall not be charged for the refund. The consumer shall bear the costs of returning the items if they exercise their right of free termination and the costs if the items, by their nature, cannot normally be returned by regular mail. The consumer must keep the items such that they are able to be returned in proper conditions of use. The consumer may be held liable for any depreciation of the item, if any handling to inspect the type, features and operation of the item exceeds handling that is accepted in a commercial establishment. The refund shall only be made once SWIFTEC, LDA. receives the item and confirms that it is in its original condition, in particular that it is received in the original packaging, with an intact label, and includes all accessories and packaging elements without any change of references and serial numbers.
7.3 Duty to report damage during shipping
If items are provided with visible damage to the packaging or contents, the customer is requested, notwithstanding their warranty rights, to report this immediately to the transport company and to contact the seller with the utmost urgency, preferably by e-mail, to the e-mail address provided on this online platform, so that the seller can enforce its rights against the transport company.
8. Consumer Guarantee and Responsibilities
8.1 Consumer guarantee
All products sold through SWIFTEC LDA’s online platform have a two-year warranty, from the date that the invoice is issued, within which the consumer can exercise their rights pursuant to Portuguese Decree-Law 67/2003, of 8 April, amended by Portuguese Decree-Law no. 84/2008, of 21 May. SWIFTEC, LDA. undertakes to deliver goods to the consumer that comply with the contract between the parties. Within the meaning of Article 2 (2), it is not considered failure to comply if, when the contract was agreed, the consumer was aware of the lack of compliance or could not reasonably disregard it or if it is caused by materials supplied by the consumer. It should be noted that it is the consumer's sole responsibility to check whether the item being purchased is compatible / suitable for use in their car. In this sense, if the consumer has any doubts, they should contact the seller immediately, through the contacts methods provided on the online platform prior to the order confirmation. In any case, if, upon receipt of the item, the consumer finds any irregularity, they must immediately report this to SWIFTEC, LDA., using the contacts methods provided on the online platform and, if applicable, must return the article for analysis by the seller. Upon receipt of the item at its premises, SWIFTEC, LDA. shall undertake a technical analysis of it. If any anomaly is detected in the product, compared to the standard item, it will be sent to the technical department to eliminate, first, the possibility that the anomalies were caused by incorrect use of the product by the user and /or by external conditions (e.g. dropping the product, exposure of the product to unsuitable environments, for example, moisture, etc.). Following the analysis, the customer shall be contacted by SWIFTEC, LDA., and informed of the result and the conclusions resulting from the technical evaluation of the product, to report its decision on the repair of the product. If technical manufacturing problems are proven and the product fails to comply with the contract, SWIFTEC, LDA. shall proceed to replace the product immediately with another one that meets the required standards, or to repair the product, at the consumer's discretion. The costs of re-shipment will, in this case, be borne by SWIFTEC, LDA. In order to exercise their rights, the customer must notify SWIFTEC, LDA. of lack of compliance within two months of the date on which it is detected. The product shall be repaired or replaced within a reasonable period, a maximum of 30 days, without major inconvenience to the consumer. If the product is still under warranty, a replacement will be sent to the customer’s address, as previously reported to the vendor, at no cost to the customer. Conversely, if the reported anomaly is not covered by the warranty, the costs the repair quote and of the actual repair shall be borne by the customer and the product shall not be repaired until the customer has authorized and paid for the repair. The customer shall also bear the costs of product reshipment.
SWIFTEC, LDA. shall not be liable for any other damage, including losses suffered by the customer, resulting from return of the item for repair and / or replacement, for up to 30 days. Claims for compensation for damages shall not be accepted. Compensation claims for damages arising from loss of life, bodily injury, damage to health or essential contractual obligations, as well as liability for other damages, attributable to intentional or gross breach of duty by the seller, his / her legal representative or ancillary agents, are excluded. Essential contractual obligations are deemed to be those where compliance is necessary to fulfil the purpose of the contract. In the event of breach of the essential contractual obligations, the vendor shall only be liable for typical foreseeable contract damages if these have been caused by obvious negligence, except in the case of claims by the customer for damage to life, body or health. Such restrictions shall also apply to the legal representative and ancillary agents of the seller if the claims have been raised directly against them. The legal provisions on liability for the product are not affected.
9. Privacy and Security Policy
In terms of security, in particular the protection of the personal data provided by consumers, SWIFTEC, LDA. undertakes to comply with the provisions of current legislation, especially the rules of the Data Protection Act.
10. Consumer protection legislation
Commercial transactions made through our online platform are intended for the final consumer. Current legislation on online / electronic commerce is applicable, namely: - Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 and the related Decree-Law 24/2014, of 14 February, transposing the directive into Portuguese law. - Portuguese Consumer Protection Law - Law 24/96, of 31 July, amended by Decree-Law 67/2003, of 8 April (in the wording conferred by Decree-Law 84/2008, of 21 May). - Portuguese Law on Personal Data Protection and Free Circulation of Data - Law 67/98, of 26 October, in the wording conferred by Law 103/2015, of 24 August.
The works created by the page operator are protected by copyright. Any use outside the limits imposed by copyright law requires the prior authorization of the author. Downloads and copies of this page are authorized for private use only and not for commercial use. Provided that the contents of this page have not been created by the operator, third party copyrights are considered. Third party content is specifically identified as such. In the event that the user becomes aware of any breach of copyright law, please notify us immediately.
12. Applicable law and Jurisdiction
This contract shall be governed by Portuguese law, in strict compliance with the provisions of the European Union's laws, regulations and directives. The parties agree that the court of jurisdiction for the resolution of any dispute arising out of a contractual relationship is the Commercial Arbitration Centre (Portuguese Chamber of Commerce and Industry) in Portugal.
13. Note on EU Dispute Resolution
The EU Commission provides a platform for out of court resolution of disputes. Consumers have the option of out-of-court settlement of disputes related to online orders. The dispute resolution platform can be found at: http://ec.europa.eu/consumers/odr
14. Summary of Terms and Conditions
Before making any purchase, please make sure that the product(s) are suitable for you and whether or not they meet your needs. Failure to read or not bothering to read these criteria cannot be used in future disputes over commercial transactions. If in doubt, please contact us in advance.
Avenida da Noruega, 56-A
5000-508 Vila Real
+351 259 331 195
These terms may be changed at any time without prior notice. Thank you for reading and for your understanding.