General Conditions of Sale
ALUBUILD LDA.
1. PRELIMINARY INFORMATION
1.1. The General Conditions of Sale defined below apply to all commercial transactions in which Alubuild Lda. participates as a supplier of goods and services.
1.2. These Conditions shall enter into force on January 1, 2026, revoking and replacing any general conditions previously in force, except with regard to orders that on that date are deemed to have been awarded or are in the production phase.
1.3. In the course of the commercial relationship with Alubuild Lda., the customer agrees to accept these General Conditions of Sale without reservation, which shall prevail over all provisions contained in orders or in the customer’s correspondence, except in cases where there is a written instrument containing the express agreement of Alubuild Lda.
1.4. Alubuild Lda. reserves the right to amend the General Conditions of Sale without prior notice, without prejudice to the due safeguarding of contracts already concluded and in progress.
2. INFORMATION AND SPECIFICATIONS ON CONTENT
2.1. Alubuild Lda. reserves the right to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions, and services, such modifications being applicable only to future orders.
2.2. Product specifications, including price, contained in catalogs and other sales literature are valid during the period defined in those instruments, unless changes are made under clause 3.3 or in the event of printing or typographical errors.
2.3. Product images shown are for illustrative purposes only and may differ from the actual product, while always maintaining the described functional characteristics.
2.4. The color of the samples may differ from the final product, while always maintaining the described characteristics.
3. PRICES
3.1. Prices contained in price lists, estimates, and proposals by Alubuild Lda. are presented in Euros (EUR) and include Value Added Tax (VAT) in force at the date, or contain an express reference in case it is to be added.
3.2. The prices announced under the previous clause are valid at the time of consultation, except in the event of printing or typographical errors or stockouts.
3.3. Alubuild Lda. reserves the right to change the announced sales prices without prior notice, and the new prices shall apply to purchases made and orders submitted from the date of the change.
4. PROPOSALS
Proposals submitted by Alubuild Lda. are valid for 30 (thirty) days from the date of issue, unless otherwise indicated in writing.
5. ORDERS
5.1. All orders placed are subject to express or tacit acceptance by Alubuild Lda.
5.2. The processing of any order depends on the prior payment of the price, unless expressly agreed otherwise.
5.3. Payments shall be made by bank transfer or check.
5.4. The cancellation of an order, or the modification of the quantities or qualities of the goods ordered by the customer during the processing period, requires validation by Alubuild Lda. and may give rise to a refund of the price paid.
5.5. The modification, at the initiative of Alubuild Lda., of the quantities or qualities of the products ordered depends on the express acceptance of the customer and may result in a change to the agreed contractual benefits.
5.6. Alubuild Lda. reserves the right to suspend contractual obligations whenever the customer does not comply with the agreed payment conditions.
5.7. If, before the start of production of an order, facts or circumstances occur or become known from which there is a well-founded fear that the customer is unable to comply with their obligation to pay the price, Alubuild Lda. may suspend contractual obligations, demand advance payment, require performance guarantees, or terminate the contract.
6. TRANSPORT AND DELIVERY
6.1. Delivery times stated verbally or in writing are for indicative purposes only and do not bind Alubuild Lda., unless expressly indicated otherwise.
6.2. Alubuild Lda. is not responsible for damages resulting from delivery delays, except as expressly indicated otherwise.
6.3. When there is no defined date for the delivery of the goods and the customer is considered a consumer, Alubuild Lda. undertakes to deliver the goods within a maximum period of 30 (thirty) days after the conclusion of the contract.
6.4. The consumer is responsible for the transport costs of the equipment purchased from Alubuild Lda.
6.5. In the case of a Customer who is deemed to be a consumer for the relevant legal purposes, the risk of loss or damage to the goods transfers to the consumer when they or a third party indicated by them, other than the carrier, acquires physical possession of the goods.
6.6. If the consumer entrusts the transport to a person other than the one proposed by Alubuild Lda., the risk transfers to the consumer upon delivery of the goods to the carrier.
6.7. If the Customer is not considered an end consumer and has requested transport of the goods, the risk of loss or damage to the goods during transport shall be borne by the Customer.
6.8. In any case, the Customer must verify the conformity of the goods received, specifically the condition of the packaging and the number of packages received. If the goods arrive damaged or the packages do not correspond to the number indicated on the carrier’s waybill, this fact must be recorded on the delivery note.
6.9. In the event of damage caused during transport, the Customer must inform Alubuild Lda. of the damage caused within a maximum period of 24 (twenty-four) hours from the date of receipt of the product.
6.10. Non-compliance with the procedures indicated in points 6.8 and 6.9 entitles Alubuild Lda. to refuse the claim submitted.
6.11. In cases where the Customer opts for collection at the premises of Alubuild Lda., the goods will be available for collection for a period of 5 (five) business days after confirmation of availability for collection. Orders confirmed for pickup must be collected in full in a single load, and the customer must previously inform Alubuild Lda. of the expected date and time of collection, as well as the identity of the carrier. Alubuild Lda. reserves the right to charge EUR 0.20 per m² for each day of storage beyond the 5 (five) business days referred to in this clause.
7. LEGAL WARRANTY
7.1. In the case of a sale made by Alubuild Lda. to a customer who is considered a consumer under the legal terms in force, Alubuild Lda. guarantees free of charge the restoration of the conformity of the goods with the contract, when the lack of conformity manifests itself within a period of 3 (three) years from the date of delivery of the goods, for contracts concluded as of January 01, 2022.
7.2. In the case of a sale made by Alubuild Lda. to a customer who is considered a consumer under the legal terms in force, Alubuild Lda. guarantees free of charge the restoration of the conformity of the goods with the contract, when the lack of conformity manifests itself within a period of 2 (dos) years from the date of delivery of the goods, for contracts concluded before January 01, 2022.
7.3. In the case of any legal or natural person who enters into a contract with Alubuild Lda. for the supply of goods or services of a commercial nature, intending the supplied goods or services for a purpose related to the commercial or professional activity carried out by the Customer, Alubuild Lda. guarantees, under applicable law, a 6 (six) month legal warranty after delivery of the goods. Any potential defect must be communicated to Alubuild Lda. within a maximum period of 30 (thirty) days after knowledge thereof.
7.4. If a situation of non-conformity is detected in the goods, it must be reported to Alubuild Lda.
7.5. In any case, Alubuild Lda. reserves the right to inspect the goods and assess the existence of the defect and its origin.
7.6. The communication referred to in point 7.4 is made in writing by sending an email to [email protected], and must be accompanied by a concise description of the problem and also the respective invoice or equivalent document proving the purchase of the item.
7.7. In the case of a sale made by Alubuild Lda. to a customer who is considered a consumer under the legal terms in force, once the existence of the non-conformity has been verified, and provided it is not due to any cause attributable to the consumer occurring after delivery, Alubuild Lda. ensures the end consumer the repair or replacement of the product, price reduction, or termination of the contract, under applicable legal terms. In any case, if the contract was concluded after January 01, 2022, the end consumer may opt directly for the replacement of the goods or for the termination of the contract when the lack of conformity manifests itself within the first 30 (thirty) days from delivery of the goods.
7.8. Alubuild Lda. covers the transport costs incurred by the end consumer arising from the restoration of conformity of goods covered by the legal warranty.
8. RETURNS
8.1. In no case will returns of incomplete items, items with signs of misuse, or items whose handling exceeds what is normally permitted be accepted.
8.2. In the event of a return of any item, the refund of payments will be made by Alubuild Lda. using the same means of payment used by the consumer in the transaction, unless expressly agreed otherwise, within 14 (fourteen) days from the date the consumer informs Alubuild Lda. of the decision to terminate the contract.
8.3. In any case, the return is conditional upon prior acceptance by Alubuild Lda., which reserves the right to analyze the product and assess whether it meets the requirements to be returned.
8.4. If the Customer is not considered a consumer under the legal terms in force, they may only return the goods if a defect exists and must comply with the following procedure: report the defect(s) in detail and with photographic records to [email protected] within 15 (fifteen) days after receipt, accompanying it with the respective invoice and document proving the date of delivery.
8.5. Upon verification by Alubuild Lda. of the defect reported by the Customer under the terms of the previous clause, after receiving and verifying the product, Alubuild Lda. will proceed to refund the price paid by the Customer through the issuance of a credit note or a refund.
8.6. For the purposes of clause 8.3, the costs of collecting the goods to be returned will only be the responsibility of the Customer in the case of an unproven defect, as well as compliance with the requirements for the respective transport and accompanying documents due, under Decree-Law No. 147/2003, of July 11, and other applicable legislation.
8.7. In case of non-compliance, Alubuild Lda. disclaims any responsibility, reserving the right to transfer any penalties or fines to the Customer who is not an end consumer.
9. WAIVER
9.1. Any failure by Alubuild Lda. to require strict compliance by the Customer with any of the obligations contained in these General Conditions of Sale or any contract established between the parties, or the failure of Alubuild Lda. to exercise the rights or actions due/recognized by virtue of these General Conditions or contract, shall not translate into a waiver or limitation of those rights or actions, nor shall it exonerate the Customer from compliance with their obligations.
9.2. No waiver by Alubuild Lda. of any clause of these General Conditions of Sale or of the rights or actions arising from the conclusion of a contract shall take effect unless it is expressly established that it is a waiver.
9.3. Such waiver must be formalized and communicated to the Customer in writing and in a durable format.
10. LIABILITY
10.1. All products commercialized by Alubuild Lda. are in compliance with Portuguese legislation.
10.2. Alubuild Lda. declines any responsibility in case of violation of the legislation of the country where the order is delivered, and it is the Customer’s responsibility to verify the import and use conditions of the Products they intend to order.
11. COMPLAINTS
Any other complaints relating to products delivered by Alubuild Lda. must be communicated to it, in writing, via the following email address [email protected], which must be done within a maximum period of 4 (four) days from the fact that gave rise to the Complaint.
12. APPLICABLE LAW AND JURISDICTION CLAUSE
12.1. These General Conditions of Sale, as well as any complementary clauses inserted in specific supply contracts, are governed by Portuguese law, without prejudice to the provisions of Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008.
12.2. For all litigious matters emerging from any supply made, the Portuguese Courts shall have jurisdiction, and the Customer accepts the choice of venue of the district of Porto, with express waiver of any other.
13. FINAL PROVISIONS
13.1. By placing an order, the Customer is aware that they must comply with these General Conditions of Sale.
13.2. These General Conditions of Sale replace any others previously in force, as well as any other pact, agreement, or promise established between Alubuild Lda. and the Customer before their entry into force, unless expressly agreed otherwise.
13.3. If one of the clauses of these General Conditions of Sale becomes null and void by virtue of a legislative or regulatory change or by court judgment, this shall not prevent the remaining General Conditions of Sale from remaining in force, and they shall not be affected by such declaration of nullity.
13.4. In the event of doubts regarding these General Conditions of Sale, the Customer may contact our Customer Support services through the following means:
- Email: [email protected]
- Mail:
Alubuild
A/C Qualidade
Rua da Indústria Nº 433, 4730-290 Braga, Portugal
- Telephone contact: (+351) 253 142 750