All supplies and services associated with these made by PoolsAndMore.pt shall be made exclusively on the basis of these General Terms and Conditions of Sale. Any references made by the Buyer to its general terms and conditions are hereby deemed to be rejected. PoolsAndMore.co.uk’s General Terms and Conditions of Sale shall also apply to all future transactions. Any departure from these General Terms and Conditions of Sale requires the express prior written approval of PoolsAndMore.pt.

(i) Unless otherwise agreed, the quality of the products is exclusively determined by the product specifications of Pools And More Sociedade Unipessoal, Lda. The uses identified under the European Regulation on Chemical Substances (REACH) applicable to goods shall not represent an agreement as to the contractual quality of the products, nor as to the use defined under the terms of this contract.

(ii) The properties of specimens and samples shall only be binding to the extent that 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.

Any information provided by Pools And More Sociedade Unipessoal, Lda, is to the best of its knowledge. Any advice and information provided regarding the suitability and application of the products shall not release the Purchaser from undertaking its own investigations and tests. The address for delivery of products is the one mentioned in the e-mail accepting the product.

If Pools And More Sociedade Unipessoal, Lda’s prices or payment terms are generally altered between the date of the contract and the date of dispatch, Pools And More Sociedade Unipessoal, Lda may apply the price or payment terms in force on the date of dispatch. In the event of a price increase, the Buyer shall have the exclusive right to withdraw from the contract by notifying Pools And More Sociedade Unipessoal, Lda within 14 days of the notice of the price increase.

Delivery will be made under the terms set out in the contract. Commercial terminology shall be interpreted in accordance with the INCOTERMS in force on the date of conclusion of the contract.

Any complaints about damage caused by transportation must be notified in writing within 24 hours of receipt of the order. Delivery times are given as an indication. Failure to deliver the products within the specified period will entitle the customer to cancel the order, but the customer expressly agrees to waive any other right to compensation whatsoever if the specified period is exceeded, except in the case of special orders specifically requested by the customer.

Products must be returned to Pools And More Sociedade Unipessoal, Lda in the same condition 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 broken. The customer must bear the full cost of returning the goods in the event of exercising the right to withdraw from the contract and the amount paid will not be refunded and will have to be spent on another product in the PoolsAndMore.pt store. 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. Pools And More Sociedade Unipessoal, Lda will inspect the returned product and inform the user of the right to a replacement or refund (if applicable), via email, within a reasonable period of time, and will proceed with the refund or replacement within a maximum of 14 days. The refund of any amount paid will always be made by the same method of payment used to purchase the product, but if this is not possible, it will be made by bank transfer.

The Buyer is responsible for complying with all laws and regulations relating to the storage and use of the products.

(i) Failure by the Buyer to pay within the stipulated period shall constitute a fundamental breach of the contractual obligations.

(ii) In the event of default or non-payment of the price by the Buyer, Pools And More Sociedade Unipessoal, Lda shall be entitled to debit and charge interest on the outstanding amount at the rate applicable to commercial company credits.

(iii) Any delay or irregularity in payments shall entitle Pools And More Sociedade Unipessoal, Lda to terminate or suspend the performance of this contract or any other contract in progress. When the parties have agreed that the price will be paid in installments, failure to pay any of them on time shall result in the remaining installments becoming due immediately.

(i) The rights and duties of Pools And More Sociedade Unipessoal, Lda and Buyer in relation to defective products shall apply:

a) If the Buyer is a final consumer, understood as one to whom services are provided, goods are supplied or rights are transferred for non-professional use, the consumer protection regime defined, in particular, in DECREE-LAW No. 67 1 2003, of April 8;
b) If the Buyer is not a consumer, on receipt as provided for in the previous paragraph, namely if the products are for professional use, the legal regime provided for in articles 913 et seq. of the Civil Code, in which case the deadline for denouncing the defect of the product is 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, the Buyer shall give written notice, preferably by e-mail to geral.poolsandmore@gmail.com of the defect, accurately describing the nature and extent of the defects claimed and if possible supporting the argument and description with photographs.

(i) Pools And More Sociedade Unipessoal, Lda shall be generally liable for any damage caused to the Buyer under the terms of the law on contractual civil liability.

(ii) Pools And More Sociedade Unipessoal, Lda shall not be liable to the Buyer in case of impossibility or delay in the fulfillment of its supply obligations, if the impossibility or delay is due to the fulfillment of regulatory and/or legal obligations associated with the fact that the European Regulation on Chemical Substances (REACH) has been triggered by the Buyer.

The Buyer may only offset the rights of Pools And More Sociedade Unipessoal, Lda against a right of its own previously accepted or not contested by Pools And More Sociedade Unipessoal, Lda.

If there are reasonable doubts as to the Buyer’s creditworthiness, especially in the event of late payment of the price, Pools And More Sociedade Unipessoal, Lda may, without prejudice to other rights or claims, revoke credit terms and make subsequent deliveries conditional on early payment or the provision of other guarantees.

(i) The products shall remain the property of Pools And More Sociedade Unipessoal, Lda until full payment of the price.

(ii) Pools And More Sociedade Unipessoal, Lda may claim possession of the products by virtue of the reservation of ownership and regardless of whether or not it has terminated the contract.

To the extent that any incident or circumstance beyond the control of Pools And More Sociedade Unipessoal, Lda (including acts of nature, war, strikes, lockouts, shortages of raw materials and energy, obstruction of transportation, breakdown of manufacturing equipment, fire, explosion, acts of authority or otherwise), reduces the availability of products from the factory from which Pools And More Sociedade Unipessoal, Lda receives the products, in such a way that it is unable to fulfill its obligations under this contract, Pools And More Sociedade Unipessoal, Lda shall be released from its obligations under this contract to the extent that it is prevented from fulfilling them and has no obligation to obtain products from other sources. The first case is also applicable to the extent that such incident or circumstance renders the contractual performance useless from a commercial point of view for PoolsAndMore.co.uk for a long period, or that it occurs with PoolsAndMore.co.uk’s own suppliers. If these occurrences last for more than 3 months, PoolsAndMore.co.uk shall be entitled to terminate the contract without the Buyer being entitled to any compensation.

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 shall be the registered office of PoolsAndMore.co.uk.

Notices or communications that have to be issued by either party shall only be deemed to have been given upon receipt by the counterparty. If a time limit has to be observed, the notice or communication must be received by the addressee within the same time limit.

For the resolution of all issues arising from the relationship between PoolsAndMore.pt and the Buyer, including but not limited to the obligation to pay the price of the products supplied, the parties elect the jurisdiction of the registered office of PoolsAndMore.pt, if the Buyer is a legal person, and if the Buyer is a natural person, the jurisdiction of the latter’s domicile.

The contract or contracts that may be entered into between PoolsAndMore.pt and the Buyer shall be governed by the law of the Portuguese Republic.

The language of the contract and of relations between PoolsAndMore.pt and the Buyer shall be Portuguese. If these General Terms and Conditions of Sale are made known to the Purchaser in a language other than the language of the contract, this is for the sole convenience of the Purchaser. In the event of differences of interpretation, the version in the language of the contract shall prevail.

An order is only confirmed once it has been paid for. A confirmed order means that it has already been paid for, but it may not have been sent by carrier, it may be waiting for stock or simply waiting to be processed, in any case there may already have been costs in this processing. If the customer requests that the order be canceled, PoolsAndMore.pt reserves the right not to refund the amount paid to the customer, but to transform the amount into a voucher for a future purchase. In the event of a return and if there is agreement by both parties, the return can be made and the existing costs of processing the purchase can be deducted. In accordance with the provisions of Decree-Law no. 7/2004 of January 7 (as amended by Decree-Law no. 62/2009 of March 10 and Law no. 46/2012 of August 29) on electronic commerce, PoolsAndMore.pt reserves the right to unilaterally cancel the order whenever there is a programming error, a malfunction in PoolsAndMore.pt’s computers or if the contractual proposal arrives at its destination deformed and the error concerns an essential element of the contract. PoolsAndMore.co.uk