Terms of service
Scope of application
All supplies and services to these associates, carried out by Onpool, will be made exclusively on the basis of these General Sales Conditions. Any references made by Buyer to its general terms and conditions are hereby rejected. Onpool\'s General Conditions of Sale will also apply to all future transactions. Any departure from these General Sales Conditions requires the prior, express written approval of Onpool.
Product quality, specimens and samples; guarantees
(i) Unless otherwise agreed, the quality of the products is solely determined by Onpool\'s product specifications. The uses identified under the European Regulation on Chemical Substances (REACH) applicable to the goods will not represent an agreement regarding the contractual quality of the products, nor regarding the use defined under the terms of this contract.
(ii) The properties of specimens and samples will only be binding insofar as they have been explicitly agreed to describe the quality of the products.
(iii) Quality and storage time data, as well as other data, only constitute a guarantee if they have been agreed and designated as such.
information and address
Any Information provided by Onpool is to the best of its knowledge. Any advice and information provided regarding the suitability and application of the products shall not relieve the Buyer of undertaking its own investigations and tests. The address for delivery of products is Estrada Alagoas, Santa Bárbara de Nexe - 8005 Faro, Portugal.
prices
If Onpool\'s prices or payment terms generally change between the date of contract and the date of shipment, Onpool may apply the price or terms of payment in effect on the date of shipment. In the event of a price increase, the Buyer shall have the exclusive right to terminate the contract, by notifying Onpool within 14 days of notice of the price increase.
Delivery
Delivery will be carried out under the terms established in the contract. Commercial terminology will be interpreted in accordance with the INCOTERMS in force on the date of conclusion of the contract.
Shipping and returns
Any claim about damage caused by transport must be communicated in writing within 48 hours of receiving the order. Delivery times are given as an indication. Failure to deliver the products within the indicated period will give the customer the right to cancel the order, but expressly agreeing to waive any other right to compensation, whatever the title, if that indicated period is exceeded.
The products must be returned to Onpool in the same conditions in which they were received by the Customer, they must be returned in their original packaging, and any seals on the packaging must not be violated. The customer must fully bear the costs of returning the goods in the event of exercising the right of free termination of the contract. In the case of the return of goods that by their nature cannot be returned by post, the Customer must bear the direct costs of said return. Onpool will inspect the returned product and inform the user of the right to its replacement, or refund (if applicable), via email, within a reasonable period, and will proceed with the refund or replacement within a maximum period of 14 days. The refund of any amount paid will always be made by the same payment method used to purchase the product.
Compliance with legal requirements
Buyer is responsible for compliance with all laws and regulations relating to the storage and use of the products.
Late on payment
(i) Failure by the Buyer to pay within the stipulated period will constitute a fundamental breach of contractual obligations.
(ii) In the event of late payment or failure to pay the price by the Buyer, Onpool shall have the right to debit and charge interest on the outstanding amount at the rate applicable to the credits of the commercial companies.
(iii) Any delay or irregularity in payments will give Onpool the right to terminate or suspend the performance of this contract or others that are in progress. When the parties have agreed that the price would be paid in installments, the lack of timely settlement of any of them determines the immediate maturity of the others.
Buyer\'s rights relating to defective products
(i) The rights and duties of Onpool and Buyer with respect to defective products shall apply to:
a) If the Buyer is a final consumer, understood as one to whom services are provided, goods supplied or rights transmitted for non-professional use, the consumer protection regime defined, namely, in DECREE-LAW No. 67 1 2003, of 8 April;
b) If the Buyer is not a consumer, within the meaning provided for in the previous paragraph, namely, if the products for professional use are applied, the legal regime provided for in articles 913 et seq. of the defect of the product within 30 days after becoming aware of it, and must be exercised within a period of 6 months after delivery of the thing sold.
(ii) In any event, Buyer shall notify Onpool in writing of the defect, accurately describing the nature and extent of the defects it invokes.
Responsibility
(i) Onpool will generally be liable for damages caused to the Buyer under the terms legally provided for in terms of contractual civil liability.
(ii) Onpool will not be liable to the Buyer in the event of impossibility or delay in fulfilling its supply obligations, if the impossibility or delay is due to compliance with regulatory and/or legal obligations associated with the fact that the European Regulation on Chemical Substances (REACH) have been triggered by the Buyer.
Compensation
The Buyer may only offset Onpool\'s rights against a right previously accepted or not contested by Onpool.
security deposit
If there are reasonable doubts as to the Buyer\'s creditworthiness, especially in the event of late payment of the price, Onpool may, without prejudice to other rights or claims, revoke credit terms and condition subsequent supplies to advance payment or the provision of other guarantees.
Property reservation
(i) The products will remain the property of Onpool until full payment of the price.
(ii) Onpool may claim ownership of the products by virtue of retention of title and regardless of whether or not the contract has been terminated.
force majeure
To the extent that any incident or circumstance beyond Onpool\'s control (Including acts of Nature, war, strikes, lockouts, shortages of raw materials and energy, obstruction of transport, breakdown of manufacturing equipment, fire, explosion, acts of authority or otherwise), reduces the availability of products from the factory from which Onpool receives the products, to such an extent that it is unable to fulfill its obligations under this contract, Onpool will be Exempt from the obligations under this contract to the extent that you are prevented from complying with them and have no obligation to obtain products from other sources. The first case is also applicable to the extent that this incident or circumstance renders the contractual performance useless from a commercial point of view for Onpool for a long period, or that occurs with Onpool\'s own suppliers. If the aforementioned occurrences last for a period exceeding 3 months, Onpool will be entitled to terminate the contract, without the Buyer being entitled to any compensation.
Payment place
Regardless of the place of delivery of the products or documents, or the place of the Buyer\'s registered office or establishment, the place of payment will be Onpool\'s registered office.
communications
Notices or communications that have to be issued by either party will only be considered made upon receipt by the counterparty. If a deadline has to be observed, the notice or communication must be received by the addressee within the same deadline.
Jurisdiction
In order to resolve all issues arising from the relationship between Onpool and the Buyer, namely, but not exclusively, regarding the obligation to pay the price of the supplied products, the parties elect the venue of Onpool\'s headquarters, if the Buyer is a legal person, if it is natural person, the competent forum will be that of his domicile.
Applicable law
The contract or contracts that may be concluded between Onpool and the Buyer will be governed by the law of the Portuguese Republic.
contract language
The language of the contract and relations between Onpool and the Buyer will be Portuguese. If these General Conditions of Sale are made known to the Buyer in a language other than the language of the contract, this will be at the Buyer\'s convenience. In the event of differences in interpretation, the version in the language of the contract will prevail.
All supplies and services to these associates, carried out by Onpool, will be made exclusively on the basis of these General Sales Conditions. Any references made by Buyer to its general terms and conditions are hereby rejected. Onpool\'s General Conditions of Sale will also apply to all future transactions. Any departure from these General Sales Conditions requires the prior, express written approval of Onpool.
Product quality, specimens and samples; guarantees
(i) Unless otherwise agreed, the quality of the products is solely determined by Onpool\'s product specifications. The uses identified under the European Regulation on Chemical Substances (REACH) applicable to the goods will not represent an agreement regarding the contractual quality of the products, nor regarding the use defined under the terms of this contract.
(ii) The properties of specimens and samples will only be binding insofar as they have been explicitly agreed to describe the quality of the products.
(iii) Quality and storage time data, as well as other data, only constitute a guarantee if they have been agreed and designated as such.
information and address
Any Information provided by Onpool is to the best of its knowledge. Any advice and information provided regarding the suitability and application of the products shall not relieve the Buyer of undertaking its own investigations and tests. The address for delivery of products is Estrada Alagoas, Santa Bárbara de Nexe - 8005 Faro, Portugal.
prices
If Onpool\'s prices or payment terms generally change between the date of contract and the date of shipment, Onpool may apply the price or terms of payment in effect on the date of shipment. In the event of a price increase, the Buyer shall have the exclusive right to terminate the contract, by notifying Onpool within 14 days of notice of the price increase.
Delivery
Delivery will be carried out under the terms established in the contract. Commercial terminology will be interpreted in accordance with the INCOTERMS in force on the date of conclusion of the contract.
Shipping and returns
Any claim about damage caused by transport must be communicated in writing within 48 hours of receiving the order. Delivery times are given as an indication. Failure to deliver the products within the indicated period will give the customer the right to cancel the order, but expressly agreeing to waive any other right to compensation, whatever the title, if that indicated period is exceeded.
The products must be returned to Onpool in the same conditions in which they were received by the Customer, they must be returned in their original packaging, and any seals on the packaging must not be violated. The customer must fully bear the costs of returning the goods in the event of exercising the right of free termination of the contract. In the case of the return of goods that by their nature cannot be returned by post, the Customer must bear the direct costs of said return. Onpool will inspect the returned product and inform the user of the right to its replacement, or refund (if applicable), via email, within a reasonable period, and will proceed with the refund or replacement within a maximum period of 14 days. The refund of any amount paid will always be made by the same payment method used to purchase the product.
Compliance with legal requirements
Buyer is responsible for compliance with all laws and regulations relating to the storage and use of the products.
Late on payment
(i) Failure by the Buyer to pay within the stipulated period will constitute a fundamental breach of contractual obligations.
(ii) In the event of late payment or failure to pay the price by the Buyer, Onpool shall have the right to debit and charge interest on the outstanding amount at the rate applicable to the credits of the commercial companies.
(iii) Any delay or irregularity in payments will give Onpool the right to terminate or suspend the performance of this contract or others that are in progress. When the parties have agreed that the price would be paid in installments, the lack of timely settlement of any of them determines the immediate maturity of the others.
Buyer\'s rights relating to defective products
(i) The rights and duties of Onpool and Buyer with respect to defective products shall apply to:
a) If the Buyer is a final consumer, understood as one to whom services are provided, goods supplied or rights transmitted for non-professional use, the consumer protection regime defined, namely, in DECREE-LAW No. 67 1 2003, of 8 April;
b) If the Buyer is not a consumer, within the meaning provided for in the previous paragraph, namely, if the products for professional use are applied, the legal regime provided for in articles 913 et seq. of the defect of the product within 30 days after becoming aware of it, and must be exercised within a period of 6 months after delivery of the thing sold.
(ii) In any event, Buyer shall notify Onpool in writing of the defect, accurately describing the nature and extent of the defects it invokes.
Responsibility
(i) Onpool will generally be liable for damages caused to the Buyer under the terms legally provided for in terms of contractual civil liability.
(ii) Onpool will not be liable to the Buyer in the event of impossibility or delay in fulfilling its supply obligations, if the impossibility or delay is due to compliance with regulatory and/or legal obligations associated with the fact that the European Regulation on Chemical Substances (REACH) have been triggered by the Buyer.
Compensation
The Buyer may only offset Onpool\'s rights against a right previously accepted or not contested by Onpool.
security deposit
If there are reasonable doubts as to the Buyer\'s creditworthiness, especially in the event of late payment of the price, Onpool may, without prejudice to other rights or claims, revoke credit terms and condition subsequent supplies to advance payment or the provision of other guarantees.
Property reservation
(i) The products will remain the property of Onpool until full payment of the price.
(ii) Onpool may claim ownership of the products by virtue of retention of title and regardless of whether or not the contract has been terminated.
force majeure
To the extent that any incident or circumstance beyond Onpool\'s control (Including acts of Nature, war, strikes, lockouts, shortages of raw materials and energy, obstruction of transport, breakdown of manufacturing equipment, fire, explosion, acts of authority or otherwise), reduces the availability of products from the factory from which Onpool receives the products, to such an extent that it is unable to fulfill its obligations under this contract, Onpool will be Exempt from the obligations under this contract to the extent that you are prevented from complying with them and have no obligation to obtain products from other sources. The first case is also applicable to the extent that this incident or circumstance renders the contractual performance useless from a commercial point of view for Onpool for a long period, or that occurs with Onpool\'s own suppliers. If the aforementioned occurrences last for a period exceeding 3 months, Onpool will be entitled to terminate the contract, without the Buyer being entitled to any compensation.
Payment place
Regardless of the place of delivery of the products or documents, or the place of the Buyer\'s registered office or establishment, the place of payment will be Onpool\'s registered office.
communications
Notices or communications that have to be issued by either party will only be considered made upon receipt by the counterparty. If a deadline has to be observed, the notice or communication must be received by the addressee within the same deadline.
Jurisdiction
In order to resolve all issues arising from the relationship between Onpool and the Buyer, namely, but not exclusively, regarding the obligation to pay the price of the supplied products, the parties elect the venue of Onpool\'s headquarters, if the Buyer is a legal person, if it is natural person, the competent forum will be that of his domicile.
Applicable law
The contract or contracts that may be concluded between Onpool and the Buyer will be governed by the law of the Portuguese Republic.
contract language
The language of the contract and relations between Onpool and the Buyer will be Portuguese. If these General Conditions of Sale are made known to the Buyer in a language other than the language of the contract, this will be at the Buyer\'s convenience. In the event of differences in interpretation, the version in the language of the contract will prevail.
