Terms & Conditions

Terms and Conditions

1. Holder and general contracting conditions

This document establishes pre-contractual information on distance contracts on the website www.qiba.pt, referred to in article 4 of Decree-Law no. 24/2014 of February 14, and all subdomains / sub -websites. The domain www.qiba.pt is owned by Qibaconnect, LDA, headquartered in Aveiro, taxpayer no. 515 253 073, with a registered capital of 10.000,00 €, hereinafter referred to as QIBA.

QIBA reserves the right to freely modify this pre-contractual information in order to adapt it to the applicable legislation, without the need for any prior notice.

Both browsing the website www.qiba.pt, its subdomains and sub-websites, as well as the purchase of any product at those addresses, presupposes the acceptance of the present information and General Conditions of Use contained in this page.

Conditions revised on May 20, 2019

2. Terms of Use of www.qiba.pt

The User undertakes to use this website in compliance with the provisions of applicable law, refraining from using the website for activities contrary to law, morality and good manners, or rights and interests of third parties.

The website www.qiba.pt may have links to other websites which may contain useful information / tools for its users. These general conditions will not apply to third party websites. As such, if you visit another website, redirected from our website, you should read the privacy policy of the same.

3. Amendment of Gifts Conditions

QIBA reserves the right to unilaterally modify and at any time, without prior notice, the presentation and content of the Website, its services and the general conditions of use, with the exception of contracts already executed and in execution. These modifications will serve to improve the website while improving the services offered to the user of the website which, if it does not agree with the changes made, may resolve the contract.

4. Intellectual Property

All content and information contained in www.qiba.pt and its subdomains are the property of QIBA and therefore the use, reproduction, copying and dissemination by other means of logos, texts, images and videos on that website is subject to your authorization in this sense.

5. Information on products and prices

5.1 Product Information

QIBA takes into account the information on the essential characteristics of the products through technical descriptions shared by its suppliers, and photographs that illustrate the products marketed, in strict respect of the best standards in the market.

5.2 Price Information

The retail prices indicated in www.qiba.pt and its sub-domains are presented in euros. VAT is not included in all mentioned prices.

The costs of the shipping service may be for the account of the user and buyer, and add to the total value of the selected products. The user will be informed of these charges before confirming his request and completing the purchase process. QIBA reserves the right to change prices at any time. However, QIBA undertakes to apply the rates and prices indicated at the time of making the purchase order.

In the event of a computer error, manual, technical or any other origin that causes a substantial change not foreseen by QIBA in the retail price, in such a way that it becomes exorbitant or manifestly derisory, the purchase order will be considered invalid and void.

The prices of products available at www.qiba.pt are valid for purchase orders made through www.qiba.pt, coinciding with those presented in the physical store.

6. Warranty

The articles marketed by QIBA in www.qiba.pt are subject to the legal guarantee regime, in accordance with the provisions of article 5 of Decree-Law no. 67/2003, of April 8, with amendments introduced by Decree-Law no. 84/2008 of 21 May.

In the case of large volumes, the customer must, upon receipt and discharging, check for any visible damage that may have been caused by the transportation. If the article has any damage it should not accept it. After signing the waybill QIBA is not responsible for any physical damage caused by transportation.

7. Return and Right of Contract Resolution

QIBA functions solely as a Business-to-Business company or retailer. We do not offer returns on any device. All sales are final.

In extraordinary conditions some rules may apply:

The consumer has a period of 14 days from the day he acquires the physical possession of the goods or the day on which he acquires the physical possession of the last good, in the case of several goods ordered in a single order and delivered separately, to proceed to the return of the order, and without having to indicate the reason.

If no specific acceptance procedure is agreed, directly upon arrival or completion of products, the consumer must inspect them thoroughly with regard to all applications and immediately indicate any defects in writing, with a detailed description. If the cosumer fails to do this, the products are considered to be free of any defects in terms of all their functions, the delivery is deemed to be accepted and the contract is considered fulfilled. Regarding software development by QIBA, a product is also deemed to be accepted if, among other things, after completion of the work and despite a corresponding request from QIBA, the contractual partner declines to conduct an acceptance test or to confirm acceptance, or if the software is used productively.

No returns or refunds are accepted if the original device’s software is modified or replaced.

QIBA only accepts returns if:

  1. The products are complete and working with all packaging included;
  2. The devices fail to work by causes the customer is not responsible for;

For all refund processes QIBA charges a 20% restocking fee which can be refunded if the device proves to fall under the aforementioned point 2 (the device fail to work by causes the customer is not responsible for). The customer is responsible for all shipping fees and costs as well as handling fees caused by the process. These fees are not refundable by QIBA to the customer.

All returned devices are extensively tested by QIBA upon arrival to QIBA’s facilities and refunds are only issued if it can be proven without a doubt that the defect was caused by QIBA’s materials, faulty design or poor workmanship, or which do not have the contractually guaranteed features or functions.
The consumer must provide QIBA with all the relevant information for this. Replaced parts are the property of QIBA. If it transpires that QIBA is not responsible for a particular defect, the product will be repaired by QIBA against payment.

After all return processes, all outstanding balance is credited to the customer.

8. Responsibility

QIBA is not liable for damages resulting from any computer viruses or any other situations that are unrelated to and that prevent the access and correct functioning of the domain www.qiba.pt as well as the services available in it.

9. Privacy Policy and Data Protection

QIBA respects the privacy of all users of its website and undertakes to protect the personal information that each user chooses to share. Some sections and / or functionalities of this website may be browsed without disclosure of any personal information by the user.

However, when it is necessary to collect personal information to provide services or when each user decides to provide some of his personal data, the use of that information and those data will be made in compliance with the applicable legislation on the protection of personal data – Law 67/98 of 26 October, Data Protection Law – in order to ensure the confidentiality and security of the personal data provided.

The entity responsible for the collection and processing of personal data is QIBA.CONNECT.

In the context of managing customer data, the personal data collected will be transmitted to third parties that are carriers of goods having as sole and exclusive purpose the realization and full execution of the services or products purchased by the user, holder of the personal data collected.

The provision of personal data is optional and will always be guaranteed, in accordance with the law, the right of access, rectification and cancellation of any data provided, and that right may be exercised in person or in writing, directly to the address of the registered office, website homepage.

10. Prices and Terms of Payment

Prices are specified in the quotation or order confirmation and are exclusive of VAT. The contractual partner bears the packaging and transport costs, including the costs for insurance, export licences, transit licenses, import licences, customs, duties, etc., as well as the costs for the goods’ inspection. If such costs are paid by QIBA, they must be immediately reimbursed to QIBA by the contractual partner withour undue delay. The contractual partner is obliged to make payment within 30 days of receipt of the delivery. If the contractual partner is paying by credit card or is being offered credit, the whole amount must be debited 10 days after the delivery’s dispatch. Service costs are payable within 10 days of the invoice date. The terms of payment must even be met if transport, delivery or acceptance of the delivery is delayed or made impossible for reasons which QIBA is not responsible for, or if minor parts are missing. If the terms of payment are not met, QIBA is entitled to abide by the contract or withdraw from the contract and, in both cases, claim compensation. Furthermore, QIBA can request securities for all outstanding debts and/or make outstanding deliveries only against payment in advance. If the contractual partner fails to meet the terms of payment, they must pay from the time payment is due, without receiving any reminder, late payment interest, which is 5% above the current rate of the EURIBOR (6 months). The right is reserved to claim compensation for further damage. The contractual partner is not entitled to offset any disputed counterclaims against claims from QIBA.