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GENERAL TERMS AND CONDITIONS OF SERVICES, SALES AND DELIVERY

Welcome to www.riluc.com. The following General Terms and Conditions of Services, Sales and Delivery govern the offer and sale of products on our website (“riluc.com”) with registered office in PORTUGAL in Zona Industrial Várzea do Monte, nº13, 4780- 584 Santo Tirso.


By accessing or otherwise using www.riluc.com you are indicating your agreement to the terms and conditions contained herein. Please read them carefully.


Subject to these Terms and Conditions, RILUC hereby grants you a limited, revocable, non-exclusive license to access and use the www.riluc.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the Riluc website unless expressly permitted by RILUC. RILUC reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.riluc.com.


In particular, we wish to draw your attention to our policies relating to the terms of purchase within the GENERAL TERMS AND CONDITIONS OF SERVICES, SALES AND DELIVERY and our Privacy Policy. If you are under 16 you must let your parent or guardian know about RILUC’s Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.


We may modify the Terms and Conditions from time to time, please read them and check back often. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

REGISTRATION

To use some of the services or features made available to you on www.riluc.com you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify RILUC immediately of any breach of security or unauthorized use of your account. Please refer to our Privacy Policy for information about how we use your data.



ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.



PRICING POLICY

Prices shown on the Site are in Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.

All prices are exclusive other government duties or taxes, as well as any costs incurred in the context of the agreement, such as administrative, transport and COD charges. These taxes and costs will be added to the sales price and form a part of the agreed invoiced amount due by Buyer.

If discount is agreed for the purchase of a certain quantity or range in an order, RILUC is not obliged to apply the discount if fewer or different goods than those agreed are actually delivered. Unless expressly agreed otherwise, all orders are accepted on the basis of PRE-PAYMENT.

ELIGIBILITY TO PURCHASE

In order to make purchases on the www.riluc.com you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the RILUC terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to RILUC, whose applications are acceptable to RILUC and who have authorized RILUC to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. In addition, RILUC reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.


By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where RILUC feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.


We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

PAYMENT

We accept Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods that may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'.

Once this transaction is complete, you will then return to riluc.com. Payment will be debited and cleared from your account upon dispatch of your order by RILUC. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to RILUC, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment.

To help ensure that your shopping experience is safe, simple, and secure, RILUC uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.


If the debt collection involves court proceedings then all legal costs, including legal advice and representation in court and out of court, as well as all execution costs, shall be for the Buyer’s account.

DELIVERY/ TRANSPORT COST OR DAMAGE

RILUC shall always use commercially reasonable efforts to deliver the services or goods within the delivery term. However, unless explicitly agreed otherwise in writing, delivery dates communicated in or acknowledged by RILUC are approximate dates. RILUC shall not be liable or be in breach of its obligations, when delivery is made sooner or later than the communicated delay.


If the communicated delivery date is exceeded, Buyer is still obliged to take delivery of the goods or services, unless before delivery Buyer has put RILUC in default, allowing RILUC with a reasonable period to execute the agreement, and such term has also expired.


RILUC may postpone any delivery in the case of production problems affecting the quantity of goods or the quality of goods produced. If such delay last longer than 3 (three) calendar months, either party may cancel the order. RILUC is not liable for any losses, including lost profits or savings by Buyer.


When Buyer fails to take delivery of the goods or services, or fails to provide the information or instructions to enable delivery it is fully liable to RILUC for all damages and losses suffered by RILUC, such as (but not limited to) transportation costs, extra storage, handling and insurance. Regarding (re-) delivery, RILUC may demand prior payment of all aforementioned costs.


RILUC is entitled to partial delivery of the goods or services. Upon delivery, Buyer shall check the condition of the packaging and, if this has any defects, Buyer shall, in the presence of the carrier, open the packaging and check the goods for damage.

CHANGES TO SPECIFICATIONS, COMPLAINS AND RETURNS

Minor changes can occur in shape or colour depending on the material the good is made of or design of the good.


Depending on the materials used for its manufacture, the original goods may change in the course of time, due to environmental influences (UV – light and other for lacquered goods, colours, fabrics and other).


RILUC is constantly searching to improve its goods. Goods delivered may therefore technically differ from goods ordered.


If the goods delivered are not, in the opinion of the Buyer, in accordance with the goods ordered or not all goods have been delivered, Buyer shall immediately notify RILUC by e-mail and in any event not later than the fifth working day following the delivery date. RILUC is not obliged to deal with complaints that have been received beyond this term. Any complaint filed by Buyer must be specified as detailed as possible with a digital photo annexed to the e-mail.


If the complaint, according to RILUC, is justified, then RILUC has the choice: to replace the defect or missing goods, or to credit Buyer the purchase price.


Defect goods may ONLY be returned to RILUC at RILUC’s expense after RILUC has given its prior written approval or RILUC requested to return the defect goods. If the goods have not been received within 15 (fifteen) working days, Buyer is supposed to keep the goods and to have withdrawn its complaint.


Extra costs for mounting, dismounting or re-installation for replaced goods or goods taken back are fully at Buyer’s charges.

SUSPENTION AND TERMINATION

RILUC is entitled to suspend in whole or in part performance of its obligations under any agreement or to terminate the agreement if:

   - Buyer has failed to comply on time, in full or at all with its obligations under previous agreements;

   - if having entered into the agreement, RILUC has good reasons to fear that Buyer will not (be able to) comply with its financial obligations;

   - Buyer failed to supply the requested security or any adequate security.

If due to delay on the part of Buyer RILUC cannot reasonably be expected to comply with the agreement upon the terms originally agreed, then RILUC is entitled to cancel the agreement with immediate effect.  Buyer shall be liable towards RILUC for any and all costs or damages, or loss in profits suffered by RILUC.

RILUC is entitled to terminate the agreement if circumstances arise whose nature and extent means that RILUC cannot be expected according to the principles of reasonableness and fairness to perform the original agreement.

WARRANTY

RILUC warrants that under normal use and in accordance with the user – or installation instructions and taking into account the product specification the goods shall at the time of the delivery to Buyer and for a period of 12 (twelve) months from the date of delivery, be free from defects in material or workmanship and shall be conform to the product specifications.

The warranty is considered void if the alleged defect or is found to have occurred as a result of environmental of testing circumstances, misuse, use other than normal use in respect to the specific good, neglect, improper installation, accident, improper storage, or repairs or modifications made without the prior written express consent of RILUC.

LIMITATION OF LIABILITY

Without prejudice to any mandatory legal rules, the following applies.

Regarding goods delivered by RILUC:

   a)  RILUC shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the good(s) or the use of these whether or not any claim is based on tort, warranty, contract or any other legal possibility, even in the circumstances that RILUC has been advised of any risks.

   (b) RILUC’s aggregate and cumulative liability shall not exceed an amount equal to 50% of the purchase value aggregate and cumulative.

Regarding services rendered by RILUC:

RILUC declines any liability for damages as a result of the use of services rendered by RILUC.


At all times RILUC’s liability shall at all times be limited to the maximum amount covered by RILUC’s insurance for the type of damages.

FORCE MAJEURE

In the event of force majeure, the obligations of either party are suspended until the situation of force majeure has ended. If the force majeure lasts longer than three (3) calendar months, then either party is entitled to terminate the agreement without any liability to compensate the other party.

“Force majeure” includes, in addition to the definition by law, import and export bans or controls by, or due to, any government or power, the failure of suppliers or service providers of RILUC to deliver on time or at all, suspension of work by, or a high amount of sick leave amongst, the employees of RILUC or its suppliers.

RILUC is also entitled to rely on force majeure if the situation of force majeure begins after RILUC should have fulfilled its obligations.

Insofar as at the time the situation of force majeure commences RILUC has partly fulfilled its obligations under the agreement or is still able to do so, then RILUC is entitled to invoice for all the parts of the agreement it has complied with or will comply with. In such a case Buyer is obliged to pay as if it were a separate agreement.

RETENTION OF TITLE

All goods delivered remain the property of RILUC until Buyer has fulfilled its obligations to RILUC in full. If any invoice remains unpaid, RILUC’s retention of title shall also cover all goods previously delivered which Buyer has paid for.

Goods that are subject to retention of title may only be sold in the context of normal business practice and may not be pledged or otherwise encumber the goods subject to retention of title.

If any attachment is levied by a third party upon the goods subject to retention of title, then Buyer shall inform the third party levying the attachment of the retention of title and notify RILUC of this immediately.

Buyer undertakes to keep insured the goods subject to the retention of title against fire, explosion, or water damage, as well as against theft. On demand by RILUC, Buyer shall provide a copy of the insurance policy, as well as ensure that the rights under the insurance policy covering the goods subject to the retention of title shall be transferred to RILUC or that RILUC is subrogated in these rights.

INTELECTUAL PROPERTY RIGHTS AND COPYRIGHTS

RILUC retains the rights and powers it accrues on the basis of the Copyright Act and other intellectual and industrial legislation and regulations relating to all the goods or services it supplies, insofar as these rights do not belong to any third party.

Buyer may not have goods supplied by RILUC copied elsewhere, or manufacture imitations thereof that differ in only minor details from the goods supplied, or become directly or directly involved in this.

Copyright or any other intellectual property of sketches, designs or models in whatever phase of elaboration these are and have been delivered to or shown to Buyer, remain the full property of RILUC and may not be used otherwise that agreed in writing and solely for that specific purpose. Any permitted use does not mean that intellectual property rights have been transferred.

Without a prior written permission by RILUC, Buyer is not allowed to copy pictures, designs, brochures, DVD’s and other material or to use the information on its internet site. Permission by RILUC does not affect the rights of the author of the information provided.

USER REVIEWS, PHOTOS & COMMENTS

Anything posted or otherwise submitted to RILUC whether on the RILUC.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #RILUC, will be treated as public and nonproprietary. By submitting photographs, comments or other materials to RILUC, you grant RILUC a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become RILUC’s sole and exclusive property. In addition, when you post photographs, reviews or comments to RILUC or on any of RILUC’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to RILUC.

GOVERNING LAW

Portuguese law governs these General Terms and Conditions of Services, Sale and Delivery.


The parties shall always endeavour to resolve a dispute amicably, before any application is made by either party to the court.



FINAL TERMS

The version that is binding is the latest version published on www.riluc.com/TERMS&CONDITIONS/ at the time the agreement is entered into.


If any provisions in these general terms and conditions are void or revoked by the courts, the remaining provisions remain in force. RILUC and Buyer shall negotiate substitute provisions that are in line with the original provisions in terms of purpose and scope.