1. WARRANTY / CLAIMS
The Customer always has the legal warranty rights for a period of two years from the delivery of the product, under the terms and conditions of the law. If you purchased products that were not manufactured by Carbus, you may be entitled to (additional) warranty (conditions) from the original manufacturer. The Customer cannot claim any additional warranty beyond what he is entitled to under statutory or Carbus warranties, or the manufacturer's warranty.
Under Carbus' additional warranty for its own brand products, claims can be made for defects in material or workmanship. A valid claim gives rise to a free repair or replacement of the Products, at Carbus' discretion. If repair or replacement is not possible or reasonable, taking into account the costs involved, Carbus has a duty, as a final remedy, to reimburse the costs. In the event of any claims for payment of damages or costs, the Liability and Compensation article applies.
After communicating the defect, the Customer must allow Carbus to analyze the Products. Inspection of the defective Product takes place at the location where the Product is located at that time, or at Carbus' facilities, at Carbus' discretion. Transport/return costs are borne by Carbus, unless the warranty claim is denied, in which case the Customer must pay the transport costs.
Any defects in the Products that result from normal wear and tear or any other external cause, such as, but not limited to, damage from transport carried out by the Customer, misuse, or if the Customer has made any repairs to the Product without the prior written authorization of Carbus , will not be covered by the warranty, unless such use or repairs are inherent in the use of the Products.
We recommend that you write down the serial number of the Product and keep it with your purchase invoice/receipt, as it may be required in case of future warranty claims.
2. LIABILITY AND INDEMNITY
Carbus' liability is limited to the extent permitted by law. Carbus will never be liable for any damage to the Customer if:
Damage results from non-compliance with respect to the manufacturer's liability, unless Carbus is legally liable under the law;
The damages are indirect and/or consequential damages.
Notwithstanding the foregoing, or any other provision of these Terms, nothing in these Terms excludes or limits, in any way whatsoever, Carbus' liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, for any matter relating to for which it would be illegal for Carbus to exclude, or attempt to exclude, its liability.
In the event of damage, the Customer is obliged to limit, as far as reasonably possible, any additional or other damages.
3. RIGHT OF RETURN / RESOLUTION
The Customer has the right to terminate the contract (applies to the act of purchase or order) within the period of delivery in accordance with the terms below:
Right of withdrawal for the purchase and delivery of articles
3.1 Right of termination
In distance purchases, if the customer wants to cancel the purchase (terminate the contract) after the product has reached their hands, they have 14 days in a row to communicate their withdrawal, free of charge or need to indicate the reason. The period runs from the date of receipt of the product or, in the case of the provision of services, the date of conclusion of the contract.
You can exercise the right of withdrawal to:
Carbus Equipamentos e Veículos S.A.
Rua dos Pinheiros 309
6100-266 Cernache do Bonjardim, Portugal
T: (+351) 274 800 030
email: info@carbus.net
indicating the decision to terminate this contract by unequivocal statement (for example, letter sent by post, fax or e-mail), to be sent before the end of the withdrawal period. .
3.2 Resolution effects
If you terminate this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of shipment other than the cheapest standard shipping method made available by us), without unjustified delay and, in any case, within 14 days from the day we are informed of your decision to terminate this contract. We will proceed with the refund through the same means used for payment, whenever possible, or bank transfer as an alternative. In this case, it will be necessary to present proof of IBAN. The return may take between 5 to 10 days to be visible on your statement. In any case, the Customer does not incur any costs as a result of this refund. We may withhold the refund until we have received the returned items or until you have provided proof of shipment of the items, whichever is earlier.
3.3 Return of items
If you choose to exercise your right of withdrawal, you must make the items available for collection (free of charge) at an indicated address, without undue delay and, in any case, within 14 days from the date of communication of the termination. Upon request and upon prior acceptance, Carbus may collect the products.
3.4 Liability and Warranty
The Customer is only responsible for the depreciation of the items resulting from handling other than that necessary to verify the nature, characteristics and functioning of the items.
All Products purchased from Carbus, through the Website https://www.lumi-systems.com/loja-online/, are covered by the guarantee that they have satisfactory quality and are suitable for the purposes for which products from the same nature are commonly provided.
3.5 Precedence of Terms
The terms set out above regarding the right of withdrawal only apply to consumers (“any natural person who acts for purposes outside their commercial activity, trade or profession”) and take precedence over the Terms and Conditions of Sale which are and remain to apply to all other contracts and/or matters not covered by these terms.
Carbus has the right of withdrawal for the purchase and delivery of several items delivered separately.
4. GENERAL TERMS AND CONDITIONS
This website is operated by Carbus. Throughout the site, the terms “we” and “our” refer to Carbus. Carbus makes this website available, including all information, tools and consumer services, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
1. These general terms and conditions, including all other terms and documents referred to herein (hereinafter referred to as “Terms”) apply to all agreements and to any other (legal) relationship between Carbus and consumers (of hereinafter referred to as "Customer", "you" or "your(s)") formalized through the Website info@carbus.net (hereinafter referred to as "Website ”).
2. Before ordering any product from our Site please read these terms carefully and print or retain a copy for future reference. By using any part of the site, the consumer agrees to these General Terms and Conditions. If you do not agree with all the terms and conditions of this agreement, you may not use the website or use any services arising therefrom.
3. These General Terms and Conditions apply to all users of the site, including, without limitation, users who are suppliers, customers, merchants and / or content contributors.
4. Our Site is intended for use by citizens residing in Portugal e.
5. All products are supplied directly by Carbus without the involvement of third parties other than the carrier.
6. Carbus reserves the right to review and change the General Terms and Conditions at any time without prior notice. The General Terms and Conditions come into effect from the moment they are posted on the Site. It is the consumer's responsibility to check this page periodically for changes. Use of the services or access to the website after posting any changes constitutes acceptance of those changes.
7. Any new features or tools added to the current store will also be subject to the General Terms and Conditions. The consumer can review the most current version of the Terms at any time on this page.
Our website is supported by Shopify Inc which provides the online e-commerce platform that allows us to sell our products and services.
We reserve the right to refuse service to anyone for any reason at any time.
Your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use the Service or access the Service or any contact on the website through which the service is provided, without express written permission from us.
By agreeing to these General Terms and Conditions, the customer declares that he is of legal age in the country of his residence.
Our products must not serve any illegal or unauthorized purpose or violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or breach of any of the Terms will result in immediate termination of your Services.
5. OFFER AND AGREEMENT
Except where otherwise indicated, offers and promotions on the Site do not imply any obligation. Once the payment process on the Site is completed, all orders are subject to acceptance by Carbus and the agreement between you and Carbus will only be formalized when Carbus begins to fulfill the Contract within . If the ordered Products are no longer available, Carbus will inform you of this fact and reject the order.
All statements on the Site relating to values, measurements, descriptions and/or other designations are made with care, but are solely for the purpose of identifying products and are estimates unless expressly stated otherwise. Obvious errors such as pricing, calculation or typographical errors in offers, promotions, folders, brochures, catalogues, order confirmations, invoices and other written statements by Carbus are not binding.
Carbus provides you with adequate, effective and accessible technical means to identify and correct filling errors. Before completing the order, you can change your contact details, delivery address, payment details and/or remove or change the products in your shopping cart by clicking on the “edit” or “remove” options. When you are satisfied with the information on the checkout page, click on “Confirm order” to proceed with the purchase of the selected products.
The values/prices shown are in euros and include VAT. The prices indicated are exclusive for purchases through this Site (https://www.lumisystems.com/). The availability of the products presented on the Site is limited to the existing stock at any given time. Prices and other descriptions are subject to change without notice, including due to stock replenishment.
6. SHIPPING AND DELIVERY POLICY
6.1 Delivery Costs
The amount of delivery costs is clearly indicated on the Site during the payment process. of the order.
Current delivery price list:
6.2 Delivery and Collection
We will make every effort to inform you of expected delivery dates when placing an order. . The products will only be delivered after approval of the Customer's (contact) data. If, for example, the data does not comply with article 1.1 of these Terms, then Carbus is entitled to terminate the contract, in which case it will be informed by email or letter.
If any item is damaged or missing from your order, please contact us for the
The products are delivered to the specified location at the time the order is placed and the products ordered. Ownership of the goods passes to the Customer upon full payment of the price and any other amount. The risk of loss or damage to the goods passes to the Customer upon delivery.
The Products will be delivered (by a carrier) to the address indicated by . Delivery times are indicated on the Site and during the ordering process. If you choose to place your order in more than one ordering process, different delivery times may apply.
6.3 Deliveries in the Mainland
Deliveries are made between 9:00 am and 6:00 pm and it is not possible to indicate the exact time of delivery, inclusive. After shipping, you will receive an email with more information about shipping and delivery conditions. With regard to delivery to a pick-up location, the order is only available for collection after receiving an email confirming that the order is available for collection. This email must be printed and presented at the time of collection. The driver carrying out the delivery needs a signature for all Products and if he is not available to accept the delivery, Please note that the products cannot be left in entrances, porches or other places outside the home. Please, when placing your order, indicate the floor for delivery. Please note that we cannot deliver to PO Boxes or PO Boxes and the driver will ask for an identification document at the time of delivery.
6.4 Delivery to the Islands
As a rule, shipments are made by the operators with whom Carbus works. Shipping costs are calculated according to the weight of the items (see table At the time of order confirmation, you will be informed of the amount. Delivery costs are not included in the total amount shown on the Site until the time of order confirmation.
6.5 Damage during delivery
If the Products are delivered with visible (transport) damage, please inform the carrier immediately and contact our customer service department as soon as possible. Failure to do so will not affect your rights (to any warranty claims), but doing so will help us file the claim or claim with the carrier or your insurance company.
7. PRICES AND PAYMENTS
The applicable prices are the prices of the products displayed on the Site. All prices are gross prices (including VAT) in € (Euros). The VAT amount is displayed in detail at the time of order completion. You can make payment by:
7.1 Credit cards
We accept the following credit cards: Visa and Mastercard. The amount will be debited from your card when Carbus accepts your order.
Your order will be processed as soon as we receive payment.
Please note that payment for the Products must be made at the time you place your order.
When paying by credit card, the entity responsible for providing the service was STRIPE. No credit card information is provided to Carbus and completion of the transaction is subject to your acceptance of the terms and conditions that constitute an autonomous contractual relationship between you and your banking entity. Please make sure you agree to the terms and conditions before choosing to pay by credit card.
a) Suspension
The right to suspend any payment can only be exercised if your (counter-)claim concerns the same contract
b) Modifications to the service and prices
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
c) Billing and account information
We reserve the right to refuse any order placed on our website. We may, in our sole discretion, limit or cancel quantities purchased per person, per family or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or delivery address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed.
Consumer agrees to provide current, complete and accurate account and purchase information for all purchases made at our store. You agree to update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, see the returns policy in point 3 of this document.
8. RESERVE OF OWNERSHIP
The products remain the property of Carbus until full payment of all outstanding amounts is received.
9. RELIABILITY AND CREDIBILITY OF INFORMATION
Carbus is not responsible if the information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting the most accurate, complete or timely primary sources of information. Any reliance on material on this site is at your own risk.
This site may contain information about your background. Background information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information. It is your responsibility to check the changes on our website.
10. PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have worked to illustrate the colors and images of the products that are available in the store as reliably as possible. We cannot guarantee that your computer monitor's display of any color will be reliable.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained through our site will meet your expectations.
11. CONSUMER COMMENTS AND FEEDBACK
If, at our request, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, 'feedback'), you agree that we may, at any time without restriction, edit, copy, publish, distribute, translate and use in any medium any comments you submit to us. We are under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates the intellectual property of any party or these Terms of Service.
Customer agrees that their comments will not infringe any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments must not include libelous or otherwise illegal, abusive or obscene material, or any computer virus or other malware that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. The consumer is solely responsible for any comments he makes and their reliability. We assume no responsibility for any comments posted by the consumer or any third party.
12. PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy.
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or on any related website at any time without notice (including after you submit your order).
We undertake no obligation to update, amend or clarify information on the Service or any related website, including without limitation pricing information, except as required by law.
14. PROHIBITED USE
In addition to other prohibitions set out in the General Terms and Conditions, the consumer is prohibited from using the website or its content: (a) for any illegal purpose; (b) solicit third parties to commit or participate in any unlawful acts; (c) violate any local international, federal, provincial or state regulations, rules, laws or ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of third parties; (i) to send spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. SEPARATION
In the event that any provision of these General Terms and Conditions is determined to be illegal, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, such determination it will not affect the validity and enforceability of any other remaining provisions.
16. REVOCATION
The parties' obligations and liabilities incurred prior to the termination date will survive termination of this agreement for all purposes.
These General Terms and Conditions are valid unless and until terminated by the consumer or us. You can terminate these General Terms and Conditions at any time by notifying us that you no longer wish to use our Services or when you stop using our website.
If, in our opinion, the customer fails, or we suspect that he has failed, to comply with any term or provision of these General Terms and Conditions, we may also terminate this contract at any time without prior notice and the consumer will remain liable for all amounts due and including the termination date; and/or we may therefore deny you access to our Services (or any part thereof).
17. LAW AND JURISDICTION
These Terms and Conditions will be governed and interpreted in accordance with the laws of Portugal. The applicability of the 1980 Vienna Convention on Contracts for the Sale of Goods (CISG) is explicitly excluded.
Any dispute or claim arising out of or relating to these Agreements or their creation (including non-contractual disputes or claims) is subject to the non-exclusive jurisdiction of the courts of Portugal.
As an alternative to resorting to the competent courts, the Customer may choose to submit any substantiated claim or dispute to a Territorially competent Consumer Dispute Resolution Entity for the purpose. The list of authorized Consumer Dispute Resolution Entities, containing the respective electronic addresses on the Internet, can be found here on the European Online Dispute Resolution Platform, available at https://ec.europa.eu/consumers/odr/ main/?event=main.home.howitworks.
Finally, you can file a complaint through the electronic complaints book available at https://www.livroreclamacoes.pt/inicio.
18. CHANGES TO GENERAL TERMS AND CONDITIONS
You can consult the most current version of the General Terms and Conditions at any time in point 5 of this document.
Carbus reserves the right, at our sole discretion, to update, amend or replace any part of these General Terms and Conditions by posting updates and amendments on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these General Terms and Conditions constitutes acceptance of those changes.
19. CONTACT INFORMATION
Questions about the General Terms and Conditions should be sent to: info@carbus.net.
20. RIGHTS
Without prejudice to any exceptions or limitations to which Carbus is entitled by law, the Customer will always have the legal right to correct the performance of the contract, terminate the contract and pay damages and/or costs. In relation to any claims for payment of damages or costs, the Liability and Indemnity article of these Terms applies.