These General Terms and Conditions of Sale govern the sale of EFFISUS products, a brand owned exclusively by UP-WAY SYSTEMS, LDA., from now on referred to solely as EFFISUS, and apply to any transactions of a commercial or other nature carried out on its website.

Purchase, via any of the sales channels, implies acceptance of these General Terms and Conditions of Sale.

UP-WAY SYSTEMS / EFFISUS reserves the right, without prior notice and at any time, to modify the information and commercial supply presented for products, prices, promotions and terms of sale, as well as to amend these Terms and Conditions and other associated policies, which are available for consultation on the www.effisus.com website or whenever requested at any of the departments of the company, with this document accompanying any proposals and quotations that might be delivered by various means to customers.

All contractual information, as well as product information and e-mail communications, shall be written in Portuguese.

EFFISUS Information:
UP-WAY SYSTEMS, LDA
Travessa José Oliveira Mendes, n.º 87 e nº 103, 4760-912
Tel.: 252 085 574 | E-mail: [email protected] | NIPC: 507227115

1. Ordering material

1. By placing an order with UP-WAY SYSTEMS / EFFISUS, the customer makes a bid to purchase the products he/she has selected.
2. By formalising an order by any means, the Customer implicitly accepts the specific conditions of sale set out and stated in the Purchase Order, namely: description of the product, price, quantities, delivery method and any other information applicable exclusively to the order.
3. The ordering of material presupposes the sharing of all company data required to complete the necessary sales documents, namely: Name, Full address (billing and delivery), VAT number and mobile contact numbers of the persons involved.
4. In the event of the unavailability of the product for delivery, or delay to the delivery period initially agreed upon, UP-WAY SYSTEMS / EFFISUS is obliged to inform the Customer of such a fact and of the new estimated delivery period for the product(s).
5. The Purchase Order is considered effective after any anomalies have been corrected.
6. The cancellation of an order, or any change to quantities or quality of the materials ordered during the execution period of the purchase requires the agreement of UP-WAY SYSTEMS / EFFISUS and may require the payment of materials already ordered by UP-WAY SYSTEMS / EFFISUS from its supplier to fulfill the original order.
7. Orders confirmed by the customer may not be changed or cancelled in the following cases:
   • If the manufacturing process of the material has already been started in the factory;
   • Orders for items to be cut or to undergo any other type of transformative process, when the process has already been started.
8. UP-WAY SYSTEMS / EFFISUS reserves the right to withhold any sums deemed necessary in the event of costs arising from the order cancellation process.
9. If the customer refuses to accept the order, without valid reason, any amounts previously paid shall not be refunded until a just and thorough analysis of the refusal presented by the customer has been carried out.
10. If the customer does not collect their order within 30 days after notice has been given of availability of all the material ordered, UP-WAY SYSTEMS / EFFISUS is entitled to free up the customer’s reservation of the order in its entirety, and thence proceed to reselling the products.
11. Orders of “specific” material (material not usually held in stock)
    • In the case of orders of non “specific” material, UP-WAY SYSTEMS / EFFISUS reserves the right to demand advance payment for all goods.
    • Payment in advance shall be reimbursed to the Customer whenever an order is cancelled for a reason not attributable to the Customer.
    • Returns of “specific” materials are not accepted, with any exceptions to this condition duly analyzed and approved in writing by UP-WAY SYSTEMS / EFFISUS Management.

2. Pricing Policy

1. Prices quoted in tenders and sales documents are presented in the currency of the goods’ destination, with the respective exchange rate in Euros, and addition of the taxes applied to each specific situation.
2. Prices always refer to the product reference stipulated.
3. UP-WAY SYSTEMS / EFFISUS makes a daily effort to ensure that the price displayed is free from error. Where an error is detected, the sales price displayed may be subject to change without notice.
4. Leaflets, flyers or other communications, in paper or digital format, may be subject to change without notice.
5. Sales prices submitted in a quotation are valid for 30 days after the date of issue of the respective document, except for alterations in the manufacturer’s price list of more than 5%, which shall result in the immediate cancellation of the quotation granted.

3. General payment conditions

1. In the case of Customers with a company current account, the payment terms agreed upon when the account was created shall prevail.
2. UP-WAY SYSTEMS / EFFISUS reserves the right to grant credit only if the credit insurance company with which it has an active policy guarantees the requested ceiling. The ceiling is limited to the amount granted and to the maintenance of the guarantee by the insurer.
3. UP-WAY SYSTEMS / EFFISUS reserves the right to suspend the supply of goods whenever the Customer fails to comply with the agreed payment terms.
4. The agreed terms of payment may be revised in the event of non-fulfilment by the Customer of any of its obligations towards UP-WAY SYSTEMS / EFFISUS, or in the event that UP-WAY SYSTEMS / EFFISUS becomes aware of any financial or legal change to the Customer’s status.
5. In the event of payment by unendorsed cheque, delivery of the goods shall only be made after the cheque has been cleared.
6. In order to assess the possibility of granting credit to any customer, that customer must have an annual billing history of at least 500.00 euros worth of EFFISUS products.
7. Orders of “specific” material shall be invoiced, at the latest, 30 days after receiving all the material ordered and / or the Customer is informed of its availability.

4. Delivery of material

UP-WAY SYSTEMS / EFFISUS shall do its utmost to fulfil its delivery obligations. However, it cannot be held liable for delays or non-delivery of items due to circumstances beyond its control. Such circumstances include, but are not limited to, stock shortages, strikes, natural disasters, health and safety concerns or any other reason that may make the production, supply, transport or delivery of the items impossible.

1. Delivery time
   The delivery times are those stipulated on the purchase order, but may be revised and altered whenever, during the fulfilment of the order, force majeure or any other reason not attributable to UP-WAY SYSTEMS / EFFISUS causes the agreed upon delivery date to be missed.When advance payment is required, the delivery periods shall be counted from the date of confirmation of full payment.

   Delays to the stipulated delivery date may not be used as grounds by the customer to claim compensation for lost profits or any direct or consequential damages.

2. Transport of material
   Orders shall be delivered to the address stipulated by the Customer as the delivery address when confirming the order.UP-WAY SYSTEMS / EFFISUS guarantees the transport of goods in neighbouring counties, provided that the following conditions are met:

   Portugal:

   • For orders under 400 euros the shipping cost shall be charged to the customer
   • For orders over 400 euros  – Free shipping

   Spain:

   • For orders under 1.000 euros the shipping cost shall be charged to the customer
   • For orders over 1.000 euro  – Free Shipping

   Other destinations:

   • Shipping costs shall be at the customer’s expense

   UP-WAY SYSTEMS / EFFISUS may refuse delivery of the order if accessibility conditions do not permit delivery.

3. Damage during transport
   The Customer is obliged to check the order upon receipt to verify its conformity with both the delivery note or invoice accompanying the order and the order registration, as well as to check the condition in which it is delivered.If any damage is found, the Customer must immediately note the occurrence in the transport document, describing it as best as possible, and report it to UP-WAY SYSTEMS / EFFISUS within the following 24 hours, so that the latter can analyse the situation and lodge an appropriate complaint to the carrier.

   The investigation process may take up to 14 days, after which time a proposal for resolution of the problem shall be made to the customer.

   If the Customer receives damaged items identified on the transport document, Effisus shall schedule collection of the same, in the same shipping area as the original order, without any charges to the customer.

5. Return of goods

1. Return of Stocked Goods
   Within 14 days of receipt of the product(s), the Customer may return them to UP-WAY SYSTEMS / EFFISUS without any penalty or need for justification, by exercising his/her right to terminate the purchase contract as provisioned in law.Following termination of the purchase contract, the Customer must return the order to the same UP-WAY SYSTEMS / EFFISUS shipping point from which it originally received the order.

   The credit sum due for the return of stocked goods shall remain in the customer’s current account for deduction in the payment of future purchases.

   The return shall be accepted provided that the customer complies with the following conditions:

   • They present the purchase receipt or invoice;;
   • They present the item properly packaged in its original packaging, with all its components and accessories included in the package in pristine condition;;
   • The goods shall be delivered to Effisus facilities;
   • Delivery shall comply with the legally established deadline.

    

   Items in the following condition are not returnable:

   • Showing signs of use, installation or assembly;
   • Faulty items with clear evidence of misuse;
   • Goods acquired by the meter or loose;
   • Consumable goods and abrasives;
   • Hygiene items (toilet seats, toilet brushes, etc);
   • Products sold in the format of quantity cut or pre-assembly;
   • Any chemical product that has been handled in storage;
   • Applied material.

    

   The return or delivery of the order should be made to:

   UP-WAY SYSTEMS, LDA

   Travessa José Oliveira Mendes, n.º 87 e nº 103, 4760-912

   Tel.: 252 085 574 | E-mail: [email protected] | NIPC: 507227115

    

   In the event of a dispute, the consumer may resort to a Body for Alternative Resolution of Consumer Disputes:

   Consumer Information and Arbitration Centre of Porto

   Rua Damião de Góis, 31 – Loja 6 – 4050-225 Porto

   Tel.: 225 508 349 / 225 029 791 / Fax: 225 026 109

    

   In case of doubts about a return, please call 252 085 574.

2. Return of Non-Stocked Goods
   The return of non-stocked goods is always subject to acceptance by UP-WAY SYSTEMS / EFFISUS and its supplier.Goods returned under these conditions shall be credited with a 10% depreciation on the value of the goods. When required by the supplier, the same may also invoice any amount relating to its handling and transport costs of the product.

   The credit sum due for the return of non-stocked goods shall remain in the customer’s current account for deduction in the payment of future purchases.

   The acceptance of returned goods shall be reviewed on a case-by-case basis by UP-WAY SYSTEMS / EFFISUS and a decision and return conditions shall be communicated within 15 days after the request has been lodged.

   The UP-WAY SYSTEMS / EFFISUS warehouse shall only accept such returns when they are duly accompanied by written validation of the return by UP-WAY SYSTEMS / EFFISUS Management.

   The Purchase Order and the Invoice for the goods clearly indicate the non-stock products which require prior authorization from UP-WAY SYSTEMS / EFFISUS to be returned.

6. Warranty

1. The products marketed by UP-WAY SYSTEMS / EFFISUS have variable warranties, with the warranty period specified on the product data sheet accompanying the product. If such information is missing, the warranty period stipulated by Portuguese law must be assumed.
2. The warranty does not cover damage resulting from assembly/disassembly errors or resulting from improper handling of the goods.
3. Exchange/repair of defective material within the warranty period is subject to analysis and assessment by UP-WAY SYSTEMS / EFFISUS technicians and the manufacturer.
4. Once the existence of a manufacturing defect has been confirmed, UP-WAY SYSTEMS / EFFISUS shall ensure the repair or replacement of the defective material, either totally or partially as shall be necessary to restore its proper functioning, and without accepting liability for any collateral damage claimed by the customer.
5. If a defect is found during the legal warranty period of a purchased product, the customer must make the respective complaint by
   • Sending an e-mail to: [email protected];
   • Completing the appropriate complaint form at the premises of UP-WAY SYSTEMS / EFFISUS.

   In either case the complaint must be accompanied by the following (or the following must be sent to the services of UP-WAY SYSTEMS / EFFISUS):

   • Invoice for the purchase of the goods
   • Detailed description of the product defect
   • Product: if it is portable
   • Photos of the product, if the product has been installed
6. It is the responsibility of the customer to deliver the product concerned to the premises of UP-WAY SYSTEMS / EFFISUS.

7. Personal data protection guarantee

1. UP-WAY SYSTEMS / EFFISUS guarantees the confidentiality of all data provided by its Customers, their use being solely and exclusively within the scope of its customer management processes, which include price quotation services, management of proposals and tenders, complaints, deliveries, repairs and after-sales service.
   Identification of Body Responsible for data processing:
   Company: UP-WAY SYSTEMS, LDA
   Travessa José Oliveira Mendes, nº87 e nº103, 4760-912
   Tel.: 252 085 574 | E-mail: [email protected] | NIPC: 507227115
2. It may be necessary to transfer customers’ personal data to other service providers, who shall also ensure that their personal data is duly protected.
3. For purposes other than customer management, UP-WAY SYSTEMS / EFFISUS shall collect and process personal data only with the express consent of the customer.
4. In accordance with the law, all Customers have the right to access, rectify and cancel their data. If the Customer wishes, at any time, to be excluded from UP-WAY SYSTEMS / EFFISUS’s database, they must express such a preference by emailing [email protected], receipt of which contact shall be confirmed by UP-WAY SYSTEMS / EFFISUS.
5. For further information on our Personal Data Protection Policy, please consult our Privacy Policy available on the website www.effisus.com or at the premises of UP-WAY SYSTEMS / EFFISUS.
6. Commercial and promotional communicationsOne of the purposes for which Effisus processes personal data provided by users is to send electronic communications containing information relating to commercial and promotional advertising.

   Whenever Effisus enters into communication of this type, it shall be directed exclusively to those users who have expressly authorised it in advance.

   In accordance with the provisions of Decree-Law No. 7/2004, of 7^th January, should the user wish to stop receiving commercial or promotional communications from UP-WAY SYSTEMS / EFFISUS, the user must request exclusion from the service by sending an e-mail to [email protected].

7. Exercise of rightsIn accordance with the provisions of Law No. 58/2019 and the RGPD, the user may at any time exercise their rights of access, rectification, erasure, limitation, opposition and portability by requesting them by any of the following means:

   Mail: UP-WAY SYSTEMS,LDA
   Travessa José Oliveira Mendes, nº87 e nº103, 4760-912
   Tel.: 252 085 574
   E-mail: [email protected]
   If the user wishes, at any time, to be removed from the database, he or she may exercise this right by contacting us, providing the respective identification.