General conditions of Sale

Relatives to:

HMI and about our services and activities. This site is owned by HMI – Automação e Instrumentação Lda located at Travessa da Indústria, 111 – 4780-573, Santo Tirso – Portugal, with NIF 509304982.

1. APPLICATION

1.1 These General Terms and Conditions apply to all visitors to the website of HMI – Automação e Instrumentação Lda, hmi.pt (hereinafter referred to as “Website”) and to any other transaction of a commercial nature carried out through the online store from the website.

Browsing the site, as well as purchasing any product through it, implies acceptance of these General Conditions of Contracting and Use by the User and the Customer.

Before ordering any product from our Site please read these Terms carefully and print or retain a copy for future reference.

HMI reserves the right to revise and change the General Terms and Conditions at any time without prior notice, provided that they comply with the provisions of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, from 28-07.

2. INFORMATION ABOUT CONTENT

Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07

The reproduction, transfer, distribution or storage of the contents of the hmi.pt website without prior written authorization granted by HMI is prohibited for purposes other than strictly personal use.

Every effort has been made to ensure that the information presented is free of typographical errors. Even so, should these occur, the HMI will proceed with the corresponding correction as soon as possible. Obvious errors such as pricing, calculation or typographical errors in offers, promotions, folders, brochures, catalogues, order confirmations, invoices and other written statements by HMI are not binding.

The photographs of the products presented on the website are for illustrative purposes only. As such, HMI recommends that the Customer consult the detailed description of the product in order to obtain complete information about the respective characteristics, as well as request more precise information, if he so wishes.

3. OFFER AND AGREEMENT

3.1 The offers and promotions on the Site do not imply any obligation. By completing your order on the Site, you are making a binding offer to purchase the product/s. All orders are subject to acceptance by HMI and the agreement between you and HMI will only be formalized when HMI begins to fulfill the Contract. If the ordered products are no longer sold or there is a stock outage, HMI will inform you of this fact and reject the order. If possible, we can substitute other products of a similar nature and quality.

3.2 The prices shown are in Euros. The availability of the products presented on the Site is limited to the existing stock at any given time and the estimated delivery time indicated for each product.

4. DELIVERY COSTS

Postage will be charged for the delivery of the Products ordered. There is no possibility of refusing delivery or costs related to it. The delivery value is indicated on the Site.

5. PRICES, PAYMENT

Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07

5.1 The applicable prices are the prices of the products displayed on the Site. All products contain an indication of the price with and without VAT in Euros. Delivery costs as well as all other additional costs are indicated separately on the Site.

5.2 Payments may be made by:

a) Bank Transfer

b) PayPal

c) Multibanco references

d) Credit Card

5.3 In specific cases, HMI may restrict payment to Bank Transfer only

5.4 Bank Transfer:

After placing your order, you will receive a confirmation email that includes HMI’s bank information, so that you can proceed with the transfer. After completing the transfer, please send an email to hmi@hmi.pt with proof or confirmation, mentioning the order number. Banking information will be indicated when completing the order on the Site.

Your order will be processed as soon as we receive payment, if you choose bank transfer.

5.5 PayPal

After completing the order, the payment procedure begins, once you have chosen this payment method, you will be forwarded to the PayPal page where you can confirm the purchase.

5.6 Multibanco reference

After completing the order and starting the payment procedure, having chosen this payment method, the necessary references will be made available to the customer to complete the payment.

5.7 The order will be processed as soon as we receive confirmation of payment, in any form.

6. DISCOUNTS

6.1 The validity period of the presented promotions is present in all the product files, just click on “promotion info”, next to the promotion.

6.2 Promotional discounts will be carried out on the condition that the order is completed by the User, through the “checkout” and paid, by the end of the announced period.

6.3 Storing a product in the “shopping cart” does not guarantee its price or discount, if the provisions of the previous point are not complied with.

7. DELIVERY / COLLECTION

7.1 HMI will endeavor to inform you of expected delivery dates as soon as the order is completed. Information on the expected delivery times for each product is indicated on the Site, each product in the store has an indication of the estimated delivery time and this will be the reference that the Customer should take into account.

7.2 The delivery period begins on the day the contract is concluded, as provided for in article 3.1., unless expressly agreed to the contrary between the parties

7.3 If any item is damaged or missing from your order, please contact +351 252 850 501 or hmi@hmi.pt, within 5 days of delivery. If any product is found to be damaged upon delivery, the carrier’s employee must be informed upon delivery. In Mainland Portugal, the product will be collected within 14 days from the day the Customer contacts us, unless otherwise agreed. For other locations, HMI will contact the Customer in order to schedule the collection of products as quickly as possible. If the collection is subject to customs procedures when leaving the Customer’s country, the Customer will have to prepare all the customs formalities requested by the local authorities in order to guarantee the exit of the products.

7.4 The products are delivered to the location specified at the time the order is placed. 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.

7.5 The Products will be delivered (by a carrier) to the address indicated by the Customer. If you choose to place your order in more than one ordering process, different delivery times may apply.

7.6 Deliveries in Mainland Portugal

7.6.1 Deliveries are made between 9:00 am and 6:30 pm and it is not possible to indicate the exact time of delivery. The day before the order is dispatched, you will receive an email with the invoice and more information about shipping and delivery conditions. The products will only be delivered personally, and cannot be left in entrances, porches or other places outside the house.

7.7 Delivery to the Islands

7.7.1 As a rule, shipments are made by the carrier with which HMI works. Shipping costs are calculated on a case-by-case basis. When confirming the order, the Customer will be informed of the amount.

7.8 Deliveries to the Rest of the World

As a rule, shipments are made by the carrier with which HMI works. Shipping costs are calculated on a case-by-case basis. When confirming the order, the Customer will be informed of the amount.

8. WARRANTY/CLAIMS

Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07

8.1 The Customer always has the legal warranty rights, for the equipment required by law, for a period of two years from the delivery of the product, under the terms and conditions of the law.

8.2 In case you want to make a claim under an additional guarantee provided by HMI, you must inform HMI of the defect as soon as possible and, in the last case, within 2 (two) months after it was reasonably possible to discover the defect , under penalty of forfeiting the right to make any claim under the warranty.

8.3 Under HMI’s additional warranty for its own brand products, claims may be made for defects in material or workmanship. A valid claim gives rise to a free repair or replacement of the Products, at HMI’s discretion. If repair or replacement is not possible or reasonable, taking into account the costs involved, HMI is entitled, as a final remedy, to reimburse the costs.

8.4 After reporting the defect, the Customer must allow HMI to analyze the Products. The inspection of the defective Product takes place at the HMI facilities. The costs of sending the products to HMI’s address for repair/warranty are the Customer’s responsibility.

8.5 Any defects in the Products that result from normal wear and tear or any other external cause, such as, but not limited to, transport damage by the Customer, misuse, or if the Customer has made any repairs to the Product without prior written authorization of the HMI, will not be covered by the warranty.

9. LIABILITY AND INDEMNITY

Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07.

9.1 HMI’s liability is limited to the extent permitted by law. HMI will never be liable for any damage to the Customer if:

a. The damages result from non-compliance with the producer’s liability, unless HMI is legally liable under the law;

b. The damages are indirect and/or consequential damages.

9.2 In the event of damage, the Customer is obliged to limit, as far as reasonably possible, any additional or other damages.

10. RIGHT OF RETURN / RESOLUTION

Articles 4.º, 10.º to 14.º and 17.º of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07

10.1 The Customer has the right to withdraw/rescind the contract within 14 days from the day on which the Customer, or a third party on his behalf, acquires physical possession of the good, or the last good in the case of several goods ordered in one single order and delivered separately. You can exercise the right of termination to: HMI, Travessa da Indústria, 111 – 4780-573, Santo Tirso – Portugal, 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 deadline mentioned in the previous paragraph. You may use the attached resolution form template.

Resolution effects

If the Customer terminates the contract, we will refund all payments received, excluding delivery costs (as well as additional costs resulting from choosing a type of shipment other than the cheapest standard shipping method made available by us), without undue delay and, in any case, within 14 days from the day we are informed of the decision to terminate that contract. We will proceed with the refund using, if possible, the same payment method used in the initial transaction, unless otherwise expressly agreed, within a maximum period of 72 hours. In any case, the Customer does not incur any costs as a result of this refund. We reserve the right to withhold reimbursement until we have received the returned Products and verify that they are without any damage or defect due to possible use by the Customer, as if such a situation occurs, the refund will be canceled and the Customer loses the right to return/ resolution.

Return of articles

If the Customer chooses to exercise the right of withdrawal, it is incumbent upon the Customer to bear the cost of transport for returning the goods, and if applicable, the Customer will also have to bear all costs and customs duties in the country of origin and at the entry of the products into Portugal.

Responsibility 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.

10.2 To exercise your right of withdrawal, you can use the model withdrawal form attached to these Terms, which you can also find on the Site. Alternatively, you may terminate the contract by issuing an unequivocal statement to HMI stating that you wish to terminate the contract.

10.3 All products containing consumables (for example: batteries, memory cards, electrical cables, connectors, manuals, CDs, DVDs, installation kits and others) used can only be exchanged/returned by replacing these consumables. HMI reserves the right to charge/withhold costs for the content of these consumables used by the Customer.

10.4 Your right of withdrawal does not apply to: the supply of products made to the consumer’s specifications or clearly personalized; to products that have already been used or installed; the supply of products susceptible to rapid deterioration; the supply of products that cannot be returned for reasons of health protection or hygiene and from which the seal has been removed after delivery; the supply of sealed audio or video recordings or sealed computer programs which have been unsealed after delivery; the provision of digital content that is not provided in material form if the execution has started with the prior and express consent of the consumer and the acknowledgment that in this way he loses his right of withdrawal; cartridges and other non-sealed consumables (batteries, memory cards, electrical cables, connectors, manuals, CDs, DVDs, installation kits and others), which are not described in clause 10.3, unless they are defective.