General Terms and Conditions of Online Sale
1. Introduction
This document establishes the General Terms and Conditions of Sale that apply to all non-professional customers (hereinafter, the “Customer” or “Customers”) who wish to purchase products via the website cin.com/deco (hereinafter, “GTCOS”).
We ask that you read these general terms and conditions carefully, as by using this website or placing an order through it, you implicitly declare that you are aware that you must comply with these terms and conditions in full. Therefore, if you do not agree with all of the terms and conditions, you should not use this website.
These terms and conditions may be changed without prior notice. The terms and conditions in effect at the time the contract is concluded are those that shall apply.
2. Our data
This website is operated under the name CIN by CIN-CORPORAÇÃO INDUSTRIAL DO NORTE, S.A., a public limited company with registered offices at Avenida de Dom Mendo, 831 4474-009 Maia, registered with the Maia Commercial Registry Office under the unique registration and legal entity number 500.076.936, with a share capital of €25,000,000.00 (twenty-five million euros).
3. Your data and visits to this Website
The information or data provided by Customers will be processed in accordance with the provisions of CIN’s Privacy Policy. By using this website, the Customer consents to the processing of said information and data and declares that all information or data provided to us is true and accurate.
4. Use of our Website
When placing orders through our website, the Customer agrees to:
- Please use this website for legal inquiries or orders only. If the order is deemed not to be for legal purposes, CIN is authorised to cancel it and inform the competent authorities.
- Provide the data necessary to process the order truthfully and accurately, authorising its processing.
- Declare and prove, if necessary, that the Customer is of legal age and / or has the legal capacity to enter into contracts.
5. Service availability
The items presented on this website are available for delivery on business days to all CIN stores or to your home, where applicable.
6. Conclusion of the Contract
To place an order, the Customer must follow the purchase procedure established on this website, beginning with acceptance of these GTCOS and concluding by clicking “Authorise Payment”.
This procedure constitutes a purchase and sale contract with CIN (the “Contract”).
Subsequently, the Customer will receive communication via the email address provided during the purchase process acknowledging receipt of their order (“CIN - Order Confirmation”) and another confirming its shipment (“CIN - Shipping Confirmation”).
7. Product availability
All product orders will be subject to availability.
In the event of difficulty in delivering the product on time, the Customer will be notified of the unavailability within 5 (five) days of CIN becoming aware of this, and any amounts already paid for the unavailable products will be refunded within a maximum period of 30 (thirty) days.
8. Delivery
Notwithstanding the provisions regarding product availability of Clause 7 above, and unless extraordinary circumstances occur, CIN will attempt to ship the confirmed order within a maximum period of 30 (thirty) days from the order date.
However, delays or inability to deliver may occur due to unforeseen circumstances or events beyond the control of CIN and contracted shipping services (Events of Force Majeure).
In both cases, the Customer will be informed of the circumstances in question and given the option to continue with the purchase, setting a new delivery date, or to cancel the order with a full refund of the amount already paid.
8.1. Home Delivery
When the Customer places the order, shipping costs will be calculated at checkout according to the address provided and the products ordered.
After the order is confirmed and paid for, and the order is processed, the Customer will receive an email notifying them that the order has been shipped and providing the respective tracking number.
8.2. In-Store Pickup
At no additional cost, ordered products can also be picked up at a CIN store selected by the Customer during the purchase process, provided that it is available from the list of stores available for this purpose.
In this case, an email will be sent when the order is ready for pickup.
Anyone arriving at the store to pick up products purchased online must identify themselves and present an order number or confirmation message stating that the order is ready for pickup. Without these details, CIN will not deliver the products.
In any case, the order is considered fulfilled upon signature of receipt on the delivery slip at the address indicated.
9. Impossibility of delivery
9.1. Impossibility of Home Delivery
If it is impossible to deliver the order to the address provided by the Customer, a note will be left indicating the order's location and what to do to have it redelivered. If the Customer is not at the delivery location on the agreed date, they will be asked to contact CIN to reschedule the delivery.
If delivery is not possible on the second attempt, the Customer will be charged shipping costs for each delivery attempt.
If delivery is not successful on the second attempt, the order will be returned to CIN and the Customer may pick it up at a CIN store.
If delivery is not successful after 30 days, the order will be considered lost and no refund will be issued.
Unclaimed items will be donated to a non-profit institution or organization to be designated by CIN.
9.2. Failure to Pick up In-Store
After 30 days from the date of notification that the products are available for pickup in the store without the Customer having picked it up, the Customer has 10 days to pick it up, otherwise CIN will consider the contract terminated without a refund being issued.
Unclaimed items will be donated to a non-profit institution or organization to be designated by CIN.
10. Product ownership and risk transfer
The Customer will acquire ownership of the products upon delivery in accordance with the definition contained in Clause 8, and the risks therein shall be borne by the Customer from that moment onwards.
11. Price and payment
11.1. Price
The price of each product will be as stipulated at any time on this website.
Prices are subject to adjustment at any time without prior notice.
11.2. Payment
During the ordering process, the Customer may choose the payment option that best suits their interests.
12. Value added tax
All purchases made through this website are subject to the current rate of Portuguese Value Added Tax (VAT).
13. Right to terminate the Contract
In accordance with applicable regulations, the Customer has the legally enshrined right to terminate the contract within 14 days of the date of delivery of the products.
To exercise this right, the Customer must contact CIN using the contact form or the telephone numbers listed on the website, clearly informing them of their decision to terminate the contract.
CIN will send written information to the email address provided during the purchase process on how to return the purchased products.
CIN will refund the amount paid for the products using the payment method agreed with the Customer, less delivery and return shipping costs.
CIN will only issue refunds after receiving the products, which must be returned in the same condition as received by the Customer. No refunds will be issued if the product has been used, opened or has suffered any type of damage, including damage to the packaging.
Therefore, after receiving and examining the products, CIN will inform you whether you are entitled to a refund of the amounts paid.
The right to terminate the contract does not apply and returns or refunds are not permitted for products manufactured at the Customer’s request and according to their specifications, including those in which colours are prepared using the automatic colour tinting system.
14. Defective products
In cases where, upon delivery, the product does not comply with the terms of the contract or the product is defective, the Customer must indicate this on the shipping document and contact CIN within 5 business days of receiving the product. They must submit a formal complaint using the form available on the website, indicating the details of the product and defects. CIN will then inform them of the next steps to take.
In situations where a defect becomes apparent during use of the product or after its application, the Customer must notify CIN within 30 days of becoming aware of or experiencing the defect, submitting a formal complaint using the form available on the website, indicating the details of the product and defects. CIN will then inform the Customer of the action to be taken.
15. Processing personal data
This website and CIN’s online sales policy comply with all applicable EU and Portuguese legal standards regarding data protection, privacy and the security of Customers’ personal information, in accordance with the terms of the Privacy Policy, which is available at cin.com/deco.
CIN collects and processes personal data exclusively for the purposes of using, recording and managing purchases made, as well as for the purposes of communicating the products and services offered by CIN. The legitimacy of the processing of personal data is based, depending on the case, on the contractual relationship, the consent of the data subjects or the pursuit of legitimate interests.
Personal data processed within the scope of CIN’s online sales will be retained for the period necessary to achieve the processing purposes, complying with legal limits. Customers may, at any time, request the withdrawal of consent, objection to or restriction of processing, erasure, or exercise any other data protection right.
Customers’ personal data is processed exclusively by CIN, and no data is shared with third parties.
CIN facilitates the exercise of Customers' rights regarding personal data protection for Customers who use CIN’s website for online sales. In addition to always being able to file a complaint with the respective supervisory authority for any information or to exercise any type of data protection rights, namely the rights to information, access, rectification, objection, restriction of processing, or erasure, data subjects may contact CIN’s Data Protection Officer by email at dpo_privacy@cin.com, describing the subject of the request and providing an email address, telephone number or postal address for reply.
16. Intellectual property
The Customer acknowledges and agrees that all copyrights, trademarks and other intellectual property rights in the materials or content provided as part of the website are, at all times, the property of CIN and may only be used in the manner expressly authorised.
17. Written communication
Applicable law requires that some of the information or notifications that CIN sends be in writing. By using this website, the Customer agrees to notifications with CIN being made electronically. Therefore, CIN will contact the Customer by email, using the address provided during the purchase process, or will provide information through notices posted on this website. For contractual purposes, the Customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications and information sent electronically satisfy the legal requirement that such notifications be in writing. This condition will not affect any rights granted by law.
18. Notifications
Customer notifications should preferably be sent through the contact form on the website. In accordance with the provisions of Clause 17 above, and unless otherwise specified, CIN will send notifications to the Customer by email, using the address provided during the purchase process.
Notifications will be deemed to have been received and correctly issued upon the Customer’s access to our website or 24 hours after sending an email.
19. Rights of Waiver
Our failure to require strict compliance by the Customer with any of the obligations assumed thereby under a Contract, or under these Terms and Conditions, or our failure to exercise any rights or actions due to them under such Contract or Terms and Conditions, will not constitute a waiver or any limitation of such rights or actions, nor will it release the Customer from fulfilling their obligations.
20. Partial revocation
If any of these Terms and Conditions or any provision of a Contract is declared null and void, the remaining terms and conditions will remain in force without being affected by such declaration of nullity.
21. Sole agreement
These Terms and Conditions and all documents expressly referenced herein constitute the entire agreement between CIN and the Customer regarding the subject matter of the Contract and supersede any other agreement, arrangement or promise previously established, verbally or in writing, regarding the same subject matter.
22. Applicable laws and jurisdiction
Use of the CIN website and purchase contracts concluded through said website are governed by Portuguese law.
23. Alternative dispute resolution
In the event of a dispute, the Consumer may appeal to one of the following Alternative Dispute Resolution entities for consumer disputes: Consumer Dispute Information and Arbitration Centres of Vale do Ave; Vale do Cávado; Porto; Coimbra; Lisbon; the Algarve or the Portuguese National Centre (email: geral@cniacc.pt), the contact details of which can be found at www.consumidor.pt or at www.cniacc.pt, or by phone at +351 213 564 650 (call from a Portuguese landline).
CIN has an online Complaints Book, which can be accessed at cin.com/deco
Should any discrepancy or doubt occur between the Portuguese and the translated versions of this document, the Portuguese version shall prevail.
Website General Terms Sale – v1 valid from 27/04/2020