General Terms & Conditions of Sale

1. Scope

These terms and conditions apply to all sales agreements made by TCC WHITESTONE LDA whose registered office is in Rua Norton de Matos 835, 4405-671 Gulpilhares, Vila Nova de Gaia, Portugal (hereafter called TCC WHITESTONE LDA).

By placing a purchase order, the client confirms that he has read and accepted in full all the General Conditions set out below.

2. Orders

All orders are subject to acceptance by TCC WHITESTONE LDA.

TCC WHITESTONE LDA is free to accept or refuse an order. It may also subject acceptance or processing of an order to payment of a deposit, or the entire amount owed. In the event of a purchase order being refused, no sums will be due to the client by way of refund, compensation or any other form of reimbursement, without prejudice to TCC WHITESTONE LDA’s duty to repay the client advanced payments made for the products in the order which has been refused.

Orders must be placed in writing and the relevant product codes must be specified as per our price list or submitted budgets. In any case the product code shall prevail. For orders of goods not indicated on the price list (special orders) drawings must be included for submission to our technical department.

3. Changes to the order

We accept any changes to orders up to 3 days after our notification of confirmation of your order.

After this date, TCC WHITESTONE LDA reserves the right to accept or refuse any requests for changes to or cancellation of an order, subject to modification of delivery times and adjustments to purchase prices in case of changes.

In the event of an order cancellation, TCC WHITESTONE LDA may request a refund of incurred costs.

4. Delivery of goods

In the absence of a written agreement, the goods are sold ex-works Gulpilhares. Shipping, which may be organized by TCC WHITESTONE LDA either on request or on behalf of the client, is always at the expense and risk of the client.

The delivery times indicated on the order confirmation are purely indicative and are in no way binding.

Orders that contain more than one product may be shipped separately.

A request for a single delivery may give rise to longer delivery times.

TCC WHITESTONE LDA does not accept any liability for late delivery of goods.

In any case TCC WHITESTONE LDA shall not be liable for errors and/or late deliveries due to shipment or customs clearance of the goods or, in any case, to events not directly attributable to TCC WHITESTONE LDA.

A request to delay the delivery of goods, once they have been prepared, shall not entitle the client to defer payment thereof with respect to the terms of the order confirmation.

TCC WHITESTONE LDA also reserves the right to transfer the prepared products to an external warehouse at the risk and expense of the client.

5. Products

TCC WHITESTONE LDA reserves the right to make technical and aesthetic improvements to its products, including changes to their size and finishes, without prior notice.

The images and drawings shown in the price list and catalogues may not define the characteristics of the products.

The measurements stated are approximate and may vary.

BESPOKE PRODUCTS: the client should contact TCC WHITESTONE LDA’s “Customer Service” department when requesting special products (such as custom designs and sizes, or customized finishes).

The client accepts that a higher price, or a price set by TCC WHITESTONE LDA, will be applied to bespoke products.

6. Warranty

Warranty terms shall apply only to differences between what is stated in the specification sheet and the product received.

7. Tolerances

The colors in sample books and catalogues and on specification sheets are approximate. By confirming the order, the client accepts any color tolerances.

We cannot guarantee that color shades, veining, background color, will be exactly the same in the case of completion and/or combination of different products or subsequent completions to different shipments.

8. Complaints

The client must check the goods immediately after taking delivery and in any case before they are used, assembled, mounted or modified.

In the event of visible defects, the client must note them on the delivery consignment form and report them in writing by email, fax or registered letter within 48 hours of delivery of the goods, or within 7 days of delivery in the case of hidden defects.

If the defect is covered by warranty, and TCC WHITESTONE Ltd is obliged to take responsibility thereof on the basis of the descriptions on the product specification sheet, TCC WHITESTONE Ltd will decide at its discretion whether to repair or replace the product, in whole or in part.

No compensation shall be due for indirect expenses or damages.

9. Returns

TCC WHITESTONE Ltd will not accept returned goods unless expressly authorized in writing, properly packed by the client and shipped on client’s charge to the warehouse of our head office in Gulpilhares – Vila Nova de Gaia – Portugal.

In the event of further damage to the goods due to insufficient protection, TCC WHITESTONE Ltd reserves the right to charge the client the costs of the incurred repairing procedures.

10. Prices – packing

Delivery is always at the prices indicated on TCC WHITESTONE Ltd price lists and according to the conditions in force at the time of the order confirmation. Packing of goods will be charged to the client. Any requests for customized packing will be agreed in writing by the parties.

11. Payment

Payment methods and terms are specified in the initial offer.

Failure to observe the payment terms will entail the application of default interest at the current applicable rate in Portugal.

12. Protection of rights

TCC WHITESTONE LDA reserves the right to suspend the supply of goods when the client’s credit quality is such as to clearly jeopardize completion of payment.

In the case of deferred payments, failure to strictly comply with the agreed deadlines authorizes TCC WHITESTONE LDA to demand immediate payment of the entire outstanding amount.

13. Retention of title

The transfer of ownership of the goods from TCC WHITESTONE LDA to the client occurs with the full, irrevocable and unconditional payment of the sums owed by the client to TCC WHITESTONE LDA.

The goods will remain the property of TCC WHITESTONE LDA until full payment is made, without prejudice to what is stated in relation to the transfer of risks in art. 4 above.

14. Intellectual property rights

The client agrees not to perform any action that is incompatible with the ownership of the “intellectual property rights”, and hence, for the sake of example, will refrain from using and from registering trademarks, drawings, similar products and/or products that may be confused with those of TCC WHITESTONE LDA. Furthermore, it will not remove or alter the TCC WHITESTONE LDA trademarks and will use them only in accordance with the instructions received from TCC WHITESTONE LDA and only for the purposes set out in these terms and conditions of sale.

15. General conditions

The general conditions of sale apply whenever these are not expressly derogated in writing by TCC WHITESTONE LDA.

TCC WHITESTONE LDA’s failure to exercise any right under these terms and conditions of sale does not constitute tolerance and does not entail a waiver of such right.

All correspondence to TCC WHITESTONE LDA must be sent to the following address:

Rua Norton de Matos 835
4405-671 Gulpilhares
Vila Nova de Gaia

16. Protection of personal data

The data provided by the client will be stored and processed by TCC WHITESTONE LDA (data controller) in hard copy and electronic databases, in full compliance with its legal duties, not only of an accounting and fiscal nature, but also of a statistical and commercial nature.

Placing a purchase order constitutes consent to the processing of data for the purposes outlined above, unless expressly stated otherwise by the customer.

17. Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with Portuguese law, and in compliance with European Union law.

The place of performance of the client’s obligations is TCC WHITESTONE LDA’s registered office.

The Courts of the district of Vila Nova de Gaia shall have exclusive jurisdiction for any disputes arising from the sale of goods.

18. Approval and acceptance

By placing a purchase order, the client confirms he has read and accepted all of the general conditions hereabove.