General terms and conditions of sale

01 September 2020

 Amended on 30 June 2022

 

I. PROVISIONS APPLICABLE TO BOTH BUSINESS AND PRIVATE CLIENTS

ARTICLE 1 - DEFINITIONS

The following definitions will apply for the purposes of these General Conditions of Sale (GCS):

ALPHATRAD PORTUGAL, Unipessoal, Lda.: a company enrolled with the Companies Register under (NIPC) nº 505375478, with share capital of € 50,000, headquartered at Avenida da Liberdade, nº 69, 1º E, 125-140 Lisbon.

Client: an individual or legal entity legally classified as a Consumer pursuant to the Consumer Defence Law (Law nº 24/96 of 31 July), with which ALPHATRAD PORTUGAL enters into an agreement for the provision of translation, interpreting, telephone or videoconference interpreting, voice dubbing, subtitling and audio file transcription services.

Services: the translation, interpreting, telephone or videoconference interpreting, dubbing (voiceover), subtitling and audio file transcription work provided by ALPHATRAD PORTUGAL to the Client within the scope of a proposal or an agreement entered into between ALPHATRAD PORTUGAL and the Client. 

Agreement: the contract entered into between ALPHATRAD PORTUGAL and the Client for the provision, by ALPHATRAD PORTUGAL, of translation, interpreting, telephone or videoconference interpreting, dubbing, subtitling and audio file transcription services in return for a price to be paid by the Client.

 

ARTICLE 2: SCOPE

These General Conditions of Sale form the sole basis for the relationship between the parties and can be found on the ALPHATRAD PORTUGAL website at https://www.alphatrad.pt

The purpose of this document is to specify the conditions under which ALPHATRAD PORTUGAL provides any Client with translation, interpreting, telephone or videoconference interpreting, dubbing, subtitling and audio file transcription services requested via the website https://www.alphatrad.pt website, by electronic mail or by means of a physical copy sent directly to ALPHATRAD PORTUGAL.

The Client hereby declares to have read and accepted these General Conditions of Sale prior to commencing the work order procedure. The Client further declares to have the legal capacity to enter into an agreement and to acquire the Services provided by ALPHATRAD PORTUGAL.  

These General Conditions of Sale are fully applicable pursuant to the conditions set forth in Article 20 of this document and, in particular, without any restrictions or reservations, to all the Services provided by ALPHATRAD PORTUGAL to Clients, regardless of any clauses contained in the Client’s own documents and, in particular, in their general conditions of purchase.

In the event one or more of the provisions of these General Conditions of Sale is deemed to be invalid, the other provisions will remain in force. Furthermore, it should be pointed out that these General Conditions of Sale may be subject to subsequent changes. In this case, ALPHATRAD PORTUGAL will inform the Client thereof in writing at least one month before the change comes into effect. Unless the Client raises an objection within two weeks of the date on which the written notification is sent, the Client will be regarded as having tacitly accepted the change in question.

 

ARTICLE 3: ORDERS AND EXECUTION OF THE AGREEMENT 

No verbal or written offer made by ALPHATRAD PORTUGAL is binding. The term “offer” means, among other things, attached documents such as price lists, brochures and other information on the Services provided by ALPHATRAD PORTUGAL, brought to the Client’s attention either in writing or verbally.

The Client selects the Services they wish to order. It should be pointed out that the choice and acquisition of a Service is the sole responsibility of the Client. It is therefore up to the Client to ensure that the services specified in the order are accurate before sending it in writing to ALPHATRAD PORTUGAL by electronic mail, fax, or post.

Pursuant to article 1154 of the Civil Code, the provision of a Service is only effective once a quote has been drawn up and it has been expressly accepted by the Client, in the form of a purchase order issued by ALPHATRAD PORTUGAL and the payment of the amount of the deposit in question to confirm the order. Under no circumstances whatsoever will this deposit be regarded as a down payment.

The quote is valid for thirty calendar days, unless otherwise stated therein. In accordance with the terms set forth in article 6 of these General Conditions of Sale, the quote should state the total initial deposit to be paid by the Client, the timeframe for the execution of the service and the delivery options.  

Any Client that fails to confirm an order pursuant to the terms set forth in the ALPHATRAD PORTUGAL quote may not, under any circumstances whatsoever, demand that ALPHATRAD PORTUGAL execute the Services specified in the quote. Furthermore, any quote which has not been confirmed by the Client within forty-eight hours of the date on which it was issued by ALPHATRAD PORTUGAL may be subject to changes in the timeframe for the Service, whereby any such change in the deadline will not entitle the Client to any compensation by ALPHATRAD PORTUGAL.  

 

ARTICLE 4: CONDITIONS UNDER WHICH THE INITIAL DEPOSIT PAID AT THE TIME OF THE CONFIRMATION OF THE ORDER MAY BE REIMBURSED

Any order confirmed by the Client pursuant to the terms and conditions set forth in article 3 of these General Conditions of Sale entails the full payment of the Services pursuant to the conditions set forth in article 5 of this document. The Client may not withdraw or cancel the order and, in particular, may not ask for the amount paid at the time the order was confirmed to be reimbursed.

If, once the Client has confirmed the order pursuant to the terms and conditions set forth in article 3 of these General Conditions of Sale, ALPHATRAD PORTUGAL is no longer able to provide the Services in accordance with the quote sent to and accepted by the Client:

  • first of all the Client will be offered a new quote, which it may accept or reject at will;
  • secondly, and only if the new quote has been rejected by the Client, the initial deposit paid by the Client will be reimbursed immediately. The Client will not be entitled to any additional compensation in this case.

 

ARTICLE 5: PRICES

The Services are provided in accordance with the ALPHATRAD PORTUGAL prices in force on the day on which the order is placed, according to the quote drawn up in advance by ALPHATRAD PORTUGAL and accepted by the Client pursuant to the conditions set forth in article 3 of these General Conditions of Sale. All prices are expressed in euros and include VAT for individual clients but not for business clients. ALPHATRAD PORTUGAL issues an invoice and sends it to the Client when the service order is placed. ALPHATRAD PORTUGAL reserves the right to change the agreed upon prices at any time prior to the execution of the agreement.   

The agreed upon prices may also be adjusted at any time during the execution of the agreement if the Client changes the service in question. Until the contract has been entirely performed, ALPHATRAD PORTUGAL is authorised to increase the agreed upon prices by the amount of any costs incurred as a result of measures implemented by the public authorities while the agreement is in force. 

 

ARTICLE 6: CONDITIONS OF PAYMENT FOR THE SERVICES

In accordance with articles 3 and 5 of these General Conditions of Sale, the price of the Services is defined based on a quote and may be paid in advance, unless agreed upon otherwise. The payment of an initial amount against the total price of the Services must be made when the order is confirmed and the balance thereof is payable before the provision of the Services begins. Unless agreed upon otherwise, the Client must have paid the full price of the Services before any work begins, and by no later than the day scheduled for the provision of the Services in question. If the Services have not been paid for in full by the day on which they are provided, the initial payment will be regarded as non-refundable by ALPHATRAD PORTUGAL. Furthermore, ALPHATRAD PORTUGAL reserves the right not to provide the Services and to file legal proceedings for the full payment of the Services. 

Any delay in payment will be subject to a late payment penalty, more specifically fixed compensation for recovery costs to the amount of 40 euros (article 7 of Decree-Law 63/2013 0f 10 May), in addition to business default interest. If the recovery expenses in question are greater than the amount of this fixed compensation, ALPHATRAD PORTUGAL may request additional compensation, subject to the provision of evidence of such expenses.

 

ARTICLE 7: PERFORMANCE OF THE AGREEMENT

All orders are accepted and performed exclusively by ALPHATRAD PORTUGAL, even if the express or implicit intention is for an order to be performed by a specific person working at ALPHATRAD PORTUGAL. Once the Agreement has been executed, ALPHATRAD PORTUGAL will carry out the translation work in accordance with the specifications agreed upon with the Client pursuant to the Agreement.

The Client should make every reasonable effort to enable the Agreement to be performed in a precise and punctual manner.

This also entails meeting any requests made by ALPHATRAD PORTUGAL relating to the provision of additional information to ensure the smooth performance of the Agreement.

ALPHATRAD PORTUGAL is authorised to assign work to third parties to ensure the smooth performance of the Agreement.

 

ARTICLE 8: CHANGES TO THE AGREEMENT AND ADDITIONAL WORK REQUIRED BY THE CLIENT

Additional agreements or subsequent changes, along with any concessions made verbally by ALPHATRAD PORTUGAL personnel, are only binding upon the company once they have been confirmed in writing by ALPHATRAD PORTUGAL by electronic mail, fax, or a letter sent by post. Moreover, ALPHATRAD PORTUGAL will only agree to changes to an order made by the Client to the extent the company is able to do so. In the event ALPHATRAD PORTUGAL agrees to changes requested by the Client, this will involve drawing up a new quote and adjusting the price. The adjusted price will be binding upon the Client in such circumstances. It should be pointed out that, in accordance with the progress of the work, or if the changes requested by the Client prove to be impossible after the execution of the Agreement, ALPHATRAD PORTUGAL will not be obliged to make the changes requested by the Client.

In this case, ALPHATRAD PORTUGAL is authorised to terminate the Agreement and will not be liable to the Client for the payment of any compensation.

Thus, any initial amount paid by the Client is non-refundable by ALPHATRAD PORTUGAL,  and the latter may also bill the Client on a pro-rata basis in accordance with the number of words already translated.

 

ARTICLE 9: SPECIAL PROCEDURES

9.1 - Use of technical and specific vocabulary

The Client is expressly informed that the translators and interpreters involved are not technicians familiar in the various fields in which the services are requested and, as such, do not master the specific vocabulary involved.

Hence, for the purposes of the provision of the Services, ALPHATRAD PORTUGAL is unable to guarantee the use of any vocabulary of a technical nature and specific to the Client’s area of business, in addition to any respective in-house jargon. 

In such cases, it is up to the Client to send ALPHATRAD PORTUGAL any documentation necessary to facilitate the translator´s work at least 8 (eight) days prior to the date on which the provision of the Services commences. This documentation should include technical glossaries and specific vocabulary used in the field of expertise related to the Services. If the Client fails to provide a glossary at least eight days before the date on which the provision of the Services commences, it is customary for the translator and/or interpreter to use standard technical terms, for which they will not be held responsible.

 

9.2 - Types of interpreting services

Clients can choose from a number of different interpreting services:

Liaison or consecutive interpreting: the interpreter is required to liaise between two parties which do not speak the same language. In this case, the speaker will need to pause every now and then to give the interpreter time to translate the content of the conversation. This technique is used at business meetings, training and assessment sessions, etc., both in-person and over the telephone or remotely.

Simultaneous interpreting (in a booth): the interpreter works in a soundproofed booth with at least one other interpreter, as the continuous time they work for is limited to twenty minutes and they work on an alternating basis. 

The speaker talks into a microphone connected to the interpreter´s booth. The interpreter wears headphones and immediately translates the content of the conversation into their microphone. The translation is then delivered to the listeners’ headphones in their respective language.

 

9.3 - Online interpreting services

Telephone or videoconference interpreting is billed in one-hour units.

Any unit that has started is billed in full.

Remote interpreting services are provided by appointment. Billing begins at the exact time of the meeting, however any meeting cancelled at least forty-eight hours beforehand will not be billed.

The following will be billed for the first unit:

  • Meetings that have not been cancelled twenty-four hours beforehand; 
  • Meetings the Client fails to attend.

Within the scope of the provision of an interpreting service, if the Client asks for the conversations to be recorded, they must inform the speakers involved and obtain their consent beforehand. ALPHATRAD PORTUGAL will only record a meeting in the event the content needs to be transcribed and after receiving confirmation from the Client that they have obtained the consent of each of the participants. ALPHATRAD PORTUGAL will not be held liable with regard to obtaining the due authorisation of each of the participants. To ensure compliance with the General Data Protection Regulation (GDPR), ALPHATRAD PORTUGAL will not send the recording to the Client and will destroy it after the translation has been given to the Client.

Furthermore, the Client is informed that an interpreter may not be rejected on the grounds of their accent provided they are fluent in the languages required for the provision of the service.

With regard to telephone or videoconference interpretation conducted by telephone or online (Zoom, Microsoft Teams or equivalent), ALPHATRAD PORTUGAL will not be held liable if the telephone connection or conference line system is of poor quality. As such, ALPHATRAD PORTUGAL will not answer for any interruptions to these services. 

 

9.4 - On-site interpretation services

a. Costs relating to the provision of the Services

Unless agreed upon otherwise, all costs involved in travelling to the location at which the Service is to be provided are payable by the Client and will be charged for at cost price (plane, train, taxi, accommodation, meals, etc.).

The Client undertakes to pay for these expenses upon the submission of the respective receipts.

b. Working hours for the provision of the Services

If lunch and dinner times are included in the working hours in which the Services are to be provided, they are included in the working hours involved in provision of the Services.

More specifically, when, within the scope of the provision of the Services, an interpreter has lunch or dinner with the Client, this time will be regarded as actual working time for the provision of the Service. The Client will be required to sign the interpreter's time sheet if asked to do so.

c. Insurance taken out by the Client to cover the risks associated with the provision of the Services.

The Client declares to be insured against the risks associated with the provision of the Services.

d. Damage to or loss of any interpreting equipment with which the Client is provided

The Client is solely liable for any interpreting equipment (such as booths, microphones, headphones, etc.) provided, from the delivery to the collection thereof. Any such damage or loss will be billed at the cost defined by ALPHATRAD PORTUGAL which hires out the equipment.

e. Extension of the deadline for the provision of the Services due to the Client

In the event the deadline for the provision of the Services is extended due to circumstances attributable to the Client, the Client will be liable for any consequences thereof.

These consequences consist of, in particular:

  • payment for additional working hours within the scope of the provision of the Services at the rate specified in the quote accepted by the Client;
  • the immediate reimbursement of the interpreter’s travel costs (air or train fares) arising from the extension of the deadline for the provision of the Service upon the submission of the respective receipts;
  • the immediate reimbursement of the interpreter’s accommodation costs and fees in the event the latter is required to remain at the location of the services due to the extension of the deadline for the provision of the Services upon the submission of the respective receipts.

f. In the event the Client is dissatisfied and submits a complaint

A client may not refuse an interpreter on the grounds that they have a foreign accent, provided they are fluent in the languages required for the provision of the Services.

In the event a Client is not satisfied with an interpreter, ALPHATRAD PORTUGAL must be informed thereof within four hours of the start of the provision of the Services. 

If such a situation should arise, ALPHATRAD PORTUGAL will undertake to make every effort to replace the interpreter in question, subject to the availability of a replacement. 

Any scenario in which an interpreter that has been refused by the Client cannot be replaced due to the fact there is no replacement available will be regarded as a case of force majeure. Under no circumstances whatsoever will ALPHATRAD PORTUGAL be required to provide compensation for any inconvenience caused by such a case of force majeure.  

Moreover, the liability of ALPHATRAD PORTUGAL is strictly limited to the Services provided, whereby the liability of ALPHATRAD PORTUGAL is limited to the total amount billed or the amount estimated by the insurance company covering the Company´s liability.

Notwithstanding the provisions of article 10.1 below, ALPHATRAD PORTUGAL must be notified of any complaint submitted by the Client with regard to an interpreting service within five days of the provision of the service, by electronic mail, fax or a letter sent by post. The complaint must provide a clear, detailed account of the Client’s grounds for not accepting the Service provided by the interpreter, with specific, verifiable evidence thereof.  

g. In the event it proves impossible to provide the Service

ALPHATRAD PORTUGAL will not be held liable if the interpreter is late or absent due to circumstances beyond the Company’s control, such as delays in rail, land or air transport systems, road accidents or traffic jams, due to strikes, demonstrations or any other event not attributable to the interpreter. 

In the event the interpreter fails to arrive due to a case of force majeure while on route to provide the Service, 50% of the fees and expenses will be borne by the Client.

In the event of an unexpected illness, evidence of which is provided in the form of a sick note issued by a doctor, either before or during the provision of the Services, ALPHATRAD PORTUGAL will make every effort to replace the interpreter. 

Any scenario in which an interpreter absent due to illness cannot be replaced due to the fact there is no replacement available will be regarded as a case of force majeure.

In this regard, ALPHATRAD PORTUGAL will not be required to provide any compensation for any inconvenience due to such a case of force majeure.

However, there will be no charge for any part of the Services that have not been provided. On the other hand, the Client will be billed for the cost of equipment hire and any travelling expenses incurred.

 

9.5 - Voice dubbing services

The voice dubbing Service prices shown in the quote are based on the information provided by the Client, or in other words the length of the original file, that being the number of characters in the text, the type of voice, the languages and the processing of the audio file. The services of ALPHATRAD PORTUGAL can be freely used on any medium with no time limit, unless stated otherwise in the quote, and may be used on public media such as broadcasting on the radio, the Internet and television.

ALPHATRAD PORTUGAL reserves the right to revise a quotation if certain operations have not been foreseen or if the Client makes any changes to the material in question.

Whatever the order, the voice to be used is subject to approval by the Client. In the event the Client decides that the voice is no longer satisfactory after the file has been returned, the amount of the invoice will still be payable. A new quote will be drawn up for a new recording.

If the Client asks for audio support such as music or other items, they must ensure compliance with the rights of copyright holders, in particular SACEM, writers, publishers and composers. ALPHATRAD PORTUGAL will not be held liable for any claims in this regard.

An order will only be accepted after receipt of the signed quote together with the order form, if this is necessary within the scope of the Client´s structure, together with the payment of the agreed upon initial deposit.

The work will usually be delivered by electronic mail in an MP3 or MP4 file, unless specified otherwise in the quote.

 

ARTICLE 10: ALPHATRAD PORTUGAL´S LIABILITY - COMPLAINT PROCEDURES

ALPHATRAD PORTUGAL undertakes to provide Services of a high standard of quality.

Complaints in relation to the quality of the Services must be submitted by registered letter with acknowledgement of receipt within eight days of the date on which the Service was provided. 

ALPHATRAD PORTUGAL undertakes to process each complaint within a period of no more than 30 days.

The Client’s letter of complaint must be based on and provide specific, verifiable evidence to support the complaint. Under no circumstances whatsoever may a complaint be used as grounds for refusal to pay for the Services and no claim for compensation may be filed against ALPHATRAD PORTUGAL. The liability of ALPHATRAD PORTUGAL is strictly limited to the Services provided.

Hence, the liability of ALPHATRAD PORTUGAL is limited to the total amount billed or the amount estimated by the insurance company covering the Company´s liability.

 

ARTICLE 11: INTELLECTUAL PROPERTY

The intellectual property rights relating to the services provided by ALPHATRAD PORTUGAL to the Client are owned exclusively by ALPHATRAD PORTUGAL, which is the owner of the rights to the use of the services provided until the invoice has been paid in full. Moreover, the Client may not make any use of the services provided until the total amount of the invoice has been paid. Once the services provided have been paid for in full, the Client may use and/or exploit the intellectual property rights related to the provision of the services provided pursuant to the conditions specified in the quote: either the rights can be used freely on any medium and with no time restrictions, or the use of the rights is restricted.  

 

ARTICLE 12: FORCE MAJEURE

In the event it proves impossible to execute a service accepted by ALPHATRAD PORTUGAL due to a case of force majeure, this will not be attributable to ALPHATRAD PORTUGAL and the Company will not be held liable.

The following events are regarded as cases of force majeure for the purpose of these General Conditions of Sale, although the list is not exhaustive:

  • A power cut and/or an Internet outage between the Client and the translator or interpreter, regardless of the cause thereof, and any communication breakdown between the Client and the translator or interpreter;
  • The impossibility of using the equipment necessary for the provision of the service;
  • Any issue relating to the interpreter’s means of transport;
  • Any unforeseen illness suffered by the translator or interpreter, with proof thereof in the form of a sick note issued by a doctor, either prior to or during the provision of the Services;
  • Any health-related situation associated with Covid or similar infection.

 

ARTICLE 13: CONFIDENTIALITY

ALPHATRAD PORTUGAL undertakes to guarantee the confidentiality of all documents entrusted to the Company, in addition to the content of all declarations made during the provision of the Services. 

Furthermore, ALPHATRAD PORTUGAL undertakes to guarantee that the Company’s translators, interpreters, voiceover artists and any other person providing or involved in the provision of a Service comply with the aforementioned confidentiality obligations.

 

ARTICLE 14: PERSONAL DATA

ALPHATRAD PORTUGAL collects and keeps the personal data supplied by its Clients in a secure manner using both computer and physical security measures. This data is kept in files that are only accessible to ALPHATRAD PORTUGAL employees and the IT service provider working for ALPHATRAD PORTUGAL.

By contacting ALPHATRAD PORTUGAL, even for a simple request for a Service, all Clients and visitors to https://www.alphatrad.pt and other ALPHATRAD PORTUGAL and OPTILINGUA Group websites hereby accept that their e-mail addresses, surnames and first names, in addition to information on the Services requested, may be recorded by ALPHATRAD PORTUGAL. This data is used to deliver quotes, information and updates on a Client´s orders and to supply specific information on the language services provided by ALPHATRAD PORTUGAL. This data may be disclosed to any partners working with ALPHATRAD PORTUGAL and entrusted with the execution, processing, management and payment of orders. Personal data will never be disclosed to third parties for advertising purposes.

The parties involved may cancel their subscription or ask for their data to be deleted or corrected at any time by writing to the following address: info@alphatrad.com

In order to carry out the services agreed upon with the Company´s clients, ALPHATRAD acts as a subcontractor pursuant to the provisions of EU Regulation 2016/679 on the Protection of Personal Data, and has access to personal data within the scope of the execution of the provision of services agreement. ALPHATRAD guarantees that the Company complies with the rules set forth in the aforementioned Regulation.

In the event of a breach/violation of personal data, ALPHATRAD PORTUGAL will inform the National Data Protection Commission, the Data Controller and the owners of the data and will specify the measures taken to deal the situation within 30 days of the date of the occurrence.

Data is kept on file for 3 years plus the current year, after which it will be automatically deleted from the Company´s servers provided no business relationship has been registered.

Data is stored at an external data centre located in a member country of the European Union in accordance with the General Personal Data Regulation.

 

ARTICLE 15: APPLICABLE LAW – LANGUAGE

These General Conditions of Sale and any operations arising therefrom are governed by and are subject to Portuguese law.

These General Conditions of Sale are drawn up in the Portuguese language. 

If these General Conditions of Sale are translated into one or more foreign languages, only the Portuguese text will be regarded as valid in the event of a dispute.

 

II. SPECIAL PROVISIONS APPLICABLE TO PRIVATE CLIENTS

ARTICLE 16: RIGHT OF WITHDRAWAL FOR REMOTE AGREEMENTS 

Clients entering into remote agreements are entitled to a fourteen-day cooling-off period effective as of the date on which the Agreement is signed. Clients can use this period of time to exercise their right of withdrawal without having to provide any grounds or pay any penalties by e-mailing ALPHATRAD PORTUGAL at info@alphatrad.com and stating their wish to withdraw, thereby cancelling the order.

The exercise by the Client of their right of withdrawal implies that the provision of the Services has not commenced during the withdrawal period. If the right of withdrawal is exercised within the aforementioned period of time, only the price of the Services requested will be refunded, within a period of no more than 14 days of the date on which ALPHATRAD PORTUGAL receives the Client's notification of withdrawal (article 10 of Decree-Law No. 24/2014).

However, if a Client wishes for ALPHATRAD PORTUGAL to commence the provision of the Services immediately without waiting for the end of the cooling-off period, they will be informed that, due to this specific request, and in accordance with article 15, No. 2 of Decree-Law 24/2014, they expressly waive their right of withdrawal for the provision of the service in question.

 

ARTICLE 17: LEGAL DISPUTES

Any legal disputes arising from purchase and sale operations entered into pursuant to these General Conditions of Sale, in relation to the validity, interpretation, performance, termination and consequences and repercussions thereof, and ALPHATRAD PORTUGAL and the Client have been unable to settle, will be submitted to the common law courts and tribunals.

The Client is hereby informed that they may have resort to extrajudicial conflict settlement mechanisms (article 33, No. 2 of Decree-Law 24/2014 and article 14 of Law 24/96 of 31 July).

 

ARTICLE 18: PRE-CONTRACTUAL INFORMATION – ACCEPTANCE OF THE CLIENT

The Client hereby acknowledges that, prior to placing the order, they were sent a legible, comprehensible copy of these General Conditions of Sale and all the information and details referred to in article 4 of Decree-Law 24/2014, and in particular:

  • the essential characteristics of the Service, given the communication medium used and the Service in question; 
  • the price of the Service and any ancillary costs (material, for example); 
  • if the Agreement is not to be performed immediately, the deadline or the period of time in which ALPHATRAD PORTUGAL undertakes to deliver the Service; 
  • information on the identity of ALPHATRAD PORTUGAL, the Company’s postal, telephone and electronic contact details, in addition to its business activities if they are not obvious from the context; 
  • information on legal and contractual guarantees and the procedures for the implementation thereof; 
  • the possibility of resorting to a conventional mediation procedure in the event of a legal dispute; 
  • information on the right of withdrawal (existence, conditions, deadline, the procedures for exercising this right and the standard withdrawal form), in addition to the procedures for termination and other important contractual conditions (see article 16 above).

The fact that a natural person places an order on the ALPHATRAD PORTUGAL website at https://www.alphatrad.pt implies full compliance with and acceptance with these General Conditions of Sale, which is expressly acknowledged by the Client, who specifically waives the right to resort to any contradictory document, which will not be binding upon ALPHATRAD PORTUGAL.

 

III. SPECIAL PROVISIONS APPLICABLE TO BUSINESS CLIENTS

ARTICLE 19: CATEGORY-SPECIFIC GENERAL CONDITIONS OF SALE

The information published in ALPHATRAD PORTUGAL catalogues, prospectuses and price lists is for informative purposes only and may be revised at any time.

ALPHATRAD PORTUGAL has the right to make any changes the Company deems appropriate.

Furthermore, ALPHATRAD PORTUGAL may decide to define Category-Specific General Conditions of Sale, in derogation of these General Conditions of Sale, in accordance with the type of Business Client in question, determined upon the basis of objective criteria. 

In this case, the Category-Specific General Conditions of Sale will apply to all Business Clients meeting these criteria.

 

ARTICLE 20: NON-ENFORCEABILITY OF BUSINESS CLIENTS' OWN GENERAL CONDITIONS OF PURCHASE

These General Conditions of Sale are expressly approved and accepted by the Business Client, which hereby declares and acknowledges to be fully familiar with them and, as a result, waives the right to resort to any contradictory document and, in particular, their own general conditions of purchase, which will not be binding upon ALPHATRAD PORTUGAL, even if ALPHATRAD PORTUGAL is familiar with them.

 

ARTICLE 21: NO OFFSETTING OF NON-RECIPROCAL RECEIVABLES OR DEBTS

Unless specifically agreed upon in advance and in writing by ALPHATRAD PORTUGAL, and provided the reciprocal receivables and debts are certain, liquid and payable, Business Clients may not offset any penalties for late delivery in the provision of the Services ordered or non-compliance with the order, in addition to any amounts owed by the Business Client to ALPHATRAD PORTUGAL for the purpose of purchasing the aforementioned Services.

 

ARTICLE 22: LEGAL DISPUTES

All legal disputes arising from the purchase and sale operations defined within the scope of these General Conditions of Sale, in relation to the validity, interpretation, performance, termination and consequences and repercussions thereof, and which ALPHATRAD PORTUGAL and the Business Client have been unable to settle, will be submitted to the courts and tribunals of the District of Lisbon. Disputes involving natural entities will be settled in accordance with the rules of common law.

 

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