Terms and Conditions and RAL
INTRODUCTION
This website is operated by Confordrive. Whenever we refer to "we" on this website, we mean Confordrive. As a user of the Confordrive website, you are bound by the terms and conditions set forth herein.
By visiting our website or purchasing something from us, you are using our service and therefore agreeing to abide by our terms and conditions, including the terms and conditions set out here.
These terms of service apply without limitation to browsers, Customers, suppliers, etc.
Please read our terms of service, as by using the site you agree to them. If you do not agree, then you should not use our site.
We reserve the right to change our terms of service at our discretion, so please check the respective tab regularly to be aware of any changes.
Our store is "Hosted" Amen. They support our e-commerce platform, allowing us to sell our products to you.
Section 1 - Online Store Terms
By agreeing to these terms of service, you are assuming that you are of legal age, or that the adult responsible for the minor has allowed him or her to use the website.
You may not use our products for any illegal activity (violating any law according to your country's jurisdiction), or for any commercial purpose not authorized by us.
You may not transmit viruses or code with destructive intent to us.
Any violation of our terms of service will immediately trigger a termination of the service we are providing to you.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason.
As a user, you understand that all information provided, except for your credit card information, may be transferred unencrypted over various networks and may undergo changes to adapt to technical requirements or to connect to certain devices. Credit card information is always encrypted during data transfer over networks.
Section 3 – Service and Price Changes
Prices for our products are subject to change without notice.
We also reserve the right to terminate the service at any time. All of our responsibilities to the user up to that point, and those that are pending after that point, will be fulfilled by us.
Section 4 - Billing Accuracy and Account Information
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit and/or cancel quantities purchased per person, per address, or per order. These restrictions include orders placed under the same customer account, credit card, billing, or shipping address.
In the event that we cancel or change the order in question, we will inform the user by email or telephone number.
You agree to provide accurate and complete purchase and account information for all purchases. You also agree to update your account information, including email address, credit card number, and expiration dates, so that all purchases can proceed without interruption and we can contact you if necessary.
Section 5 – Optional Tools
We may occasionally use third-party tools over which we neither monitor nor have any control nor responsibility.
The user therefore agrees that we may occasionally provide access to such tools without any guarantees.
Section 6 – Third-Party Links
Certain content, products, and services available may include links from entities other than Confordrive. These links may redirect you to websites for which we have no responsibility for their content or operation.
Section 7- User Comments and Feedback
If, at our request, you send us any information, or if you spontaneously send us any idea, suggestion, or proposal, whether by email, mail, or any other means, you authorize us to edit, copy, publish, distribute, and translate such information at any time and without restriction.
We will not be obliged to maintain any comments in confidence, we will not be held responsible for any comments posted on our website by users and we are not obliged to respond to requests that we consider, in our judgment, to be inappropriate and outside the scope of our website.
The user also agrees that their comments must not violate in any way partners that may have a presence on the site, whether sporadic or permanent, namely “copyright”, privacy, abusive comments, etc.
Section 8 – Personal Information
Please review our Privacy Policy
Section 9 – Errors, Inconsistencies, and Omissions
Occasionally, there may be information on our website that contains spelling errors, inconsistencies, and/or omissions, whether in terms of product information, pricing, promotions, offers, shipping costs, delivery times, and product availability. We reserve the right to correct these errors, inconsistencies, and omissions and to change or update this information, or to cancel orders if the product information is incorrect without prior notice (even while the order is in progress).
On the other hand, we are not obliged to correct or clarify information regarding our service or any other information on our website unless required by law.
Section 10 – Prohibited Use
The use of our website is prohibited for:
- Illegal purposes
- Soliciting third parties for illegal purposes
- Inflict attacks against our intellectual property and proprietary rights
- Harassment, abuse, insult, defamation, intimidation, discrimination based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability.
- Passing on wrong information
- Upload viruses or any type of malicious code that affects our website, other websites or the internet
- Collecting personal information from others
- Use to spam, phish, pharm, pretext, spider, crawl, or scrape
- Any obscene and immoral intent
In any of these situations, we reserve the right to discontinue our service immediately.
Section 11 – Warranties and Limitation of Liability
We cannot guarantee that your use of our service will be uninterrupted, secure or error-free.
You agree that we reserve the right to discontinue our service at any time without notice.
Section 12 - Termination
The obligations and responsibilities between the parties following the eventual termination of our services will remain.
The terms and services will be valid until terminated by us or you.
If, relying on our judgment, we find that you have failed or suspect that you have failed in any point of the terms of service, we reserve the right to terminate our agreement with you, at any time, without prior notice, however you retain all responsibilities up to the date of termination.
Section 13 - Warranty
All our items are new and, in accordance with current regulations, have a 3-year warranty period from the date of purchase, with our invoice serving as supporting documentation.
The warranty is granted by the manufacturer of each product and it is the manufacturer who decides, in principle, whether the warranty is adequate.
According to the regulations mentioned above, after 6 months of purchase, the customer must provide evidence that the fault produced is due to a manufacturing defect.
The warranty, if applicable, consists of repairing the product, if it is possible to leave it in perfect condition, or replacing it, if not.
Damage whose obvious origin is incorrect installation, improper use or abuse is expressly excluded from the warranty.
Section 14 - Contact
Any questions regarding the terms of service should be sent by email.
Alternative Consumer Dispute Resolution
Law No. 144/2015 of 8 September transposed Directive 2013/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes.
The aforementioned diploma establishes the legal framework for Alternative Consumer Dispute Resolution mechanisms, creating the Consumer Arbitration Network in Portugal.
- What are consumer disputes ?
These are disputes initiated by a consumer against a supplier of goods or service provider, which concern contractual obligations resulting from sales or service provision contracts, concluded between a supplier of goods or service provider established and consumers resident in Portugal and the European Union (article 2, no. 1 of Law no. 144/2015).
- What is RAL ?
ADR (America's Dispute Resolution) is a mechanism available to consumers and businesses to attempt to resolve consumer disputes outside of court, more quickly and cost-effectively. ADR encompasses mediation , conciliation , and arbitration . The ADR process begins with an attempt to reach an agreement through mediation or conciliation. However, if an agreement is not reached, the parties involved can still appeal to the Arbitration Court through a simple and expedited process.
- What are RAL entities ?
These are independent entities with specialized personnel who impartially assist consumers and companies in reaching an amicable solution. These entities are authorized to mediate, conciliate, and arbitrate consumer disputes. These entities must be registered on the list provided for in Article 17 of Law No. 144/2015.
- Who is responsible for managing the list of RAL entities ?
The General Directorate of Consumer Affairs is the competent national authority for organizing the registration and dissemination of the list of RAL entities (see ANNEX I ).
- How many RAL entities are there in Portugal ?
In Portugal, there are ten Consumer Dispute Arbitration Centers. Seven of these have general jurisdiction and regional scope, located in Lisbon, Porto, Coimbra, Guimarães, Braga/Viana do Castelo, Algarve, and Madeira. There is also a national (supplementary) center, the CNIACC (National Center for Information and Arbitration of Consumer Disputes). There are also two specific jurisdiction centers specializing in the automotive and insurance sectors.
- How does a company know which RAL entity it should indicate to its consumers ?
The place where the contract for the purchase and sale of goods or the provision of services is concluded , which as a rule coincides with the place of establishment, determines the competent arbitration center.
For example:
- A company that has only one or more commercial establishments in a given municipality must only indicate the RAL entity that is competent to resolve conflicts in that municipality.
- A company that carries out its activity throughout the national territory must indicate all competent entities.
- A vehicle repair shop, insurance company, or travel agency should indicate specialized entities for these sectors.
- Who is obliged to inform consumers about RAL entities ?
All suppliers of goods and services, including those that only sell products or provide services online, are required to inform consumers about available ADR entities or those they have voluntarily joined or are bound by law. The only providers excluded are those providing Services of General Interest without financial compensation, such as social services provided by or on behalf of the state, healthcare services, and public supplementary or higher education services.
The obligations arising from Law No. 144/2015 apply, with the necessary adaptations, to all economic sectors not excluded by the aforementioned law, including those in which specific legislation already exists providing for an identical obligation.
- Is there any requirement to join an RAL entity ?
This law does not require membership in any RAL entity, merely establishing a duty to provide information about existing entities. However, there is a case for necessary arbitration for essential public services, such as electricity, gas, water and waste, electronic communications, and postal services.
- How should companies provide this information ?
This information must be provided in a clear , understandable and appropriate manner for the type of goods or services being sold or provided (article 18 no. 2 of Law no. 144/2015). Therefore:
- On the website of suppliers of goods or service providers, if any.
- In sales and purchase contracts or service provision contracts between the supplier of goods or service provider and the consumer, when these are in written form or constitute adhesion contracts.
- If there is no written form, the information must be provided on another durable medium, namely on a sign affixed to the wall or placed on the sales counter or on the invoice given to the consumer.
- Does the law provide for any standardized model of information to be provided to consumers ?
No. However, a proposal for the formulation of a sign is attached ( Annex II ).
- Who is responsible for monitoring compliance with the obligation to provide information to consumers ?
It is the responsibility of the Food and Economic Safety Authority and the sectoral regulators in the respective fields to monitor compliance with these duties, instruct the respective administrative offence proceedings and decide on these proceedings, including the application of fines and additional sanctions if necessary.
- What are the consequences of failing to comply with the duty to provide information to consumers ?
Failure to comply with the duty to inform suppliers of goods or service providers constitutes an infraction , punishable by:
- Fine between €500 and €5000 , when committed by an individual.
- Fine between €5,000 and €25,000 , when committed by a legal entity.
- When does this new regime apply?
Law No. 144/2015 of September 8 came into effect on September 23, 2015, and suppliers of goods or services had six months from that date to adapt to this new regime. Therefore, since March 23, 2016 , companies must make this information available to their consumers.
ATTENTION: Informing consumers about available RAL entities does not exempt suppliers of goods and service providers from providing consumers with the Complaints Book, which is mandatory under Decree-Law No. 156/2005 of 15 September.