General Terms & Conditions
We ask you to take the time to read these terms and conditions
carefully (hereafter ‘Terms and Conditions’). Unless stated otherwise
herein, the relationship between ZYPHO and its Users is exclusively
governed by these Terms and Conditions that are deemed read and accepted
by the User. If you do not agree to these Terms and Conditions in their
entirety, please do not use the Site.
ZYPHO may from time to time
amend the Terms and Conditions by posting such change at the Site. Use
by you after such change has been posted shall constitute acceptance of
such changed terms.
ZYPHO SA, with fiscal
number 509221785 is the seller of the products displayed on the Site.
ZYPHO SA has its registered office at em R. Barão do Corvo, 37 – 1º F –
4400-039 V N Gaia | Portugal.
2. ACCURACY OF CONTENT
uses its best efforts to keep the information on the Site updated. The
information and other material published on this Site may include
inaccuracies or typographical errors. The weights, dimensions and
volumes of the products are approximate only. However, we cannot
guarantee that your screen's display will accurately reflect the color
of the product on delivery. Changes are periodically made to the
information on the Site without notice to you. ZYPHO reserves the right
to change the Site at any time, in its discretion. ZYPHO does not
warrant that the functions contained in the Site or any materials or
content contained therein will be uninterrupted or error free, that
defects will be corrected, or that the Site or the server that makes it
available is free of viruses or other harmful components. ZYPHO shall
not be liable for the use of the Site, including, without limitation,
the content and any errors contained therein.
price of the products you order is the price that is displayed on the
Site at the time you confirm your order and will be confirmed on the
e-mail confirmation confirming receipt of your order. All prices are in
€. If an error is found in the price of the products you have ordered or
in the delivery charge, we will inform you as soon as possible and
offer you the option of reconfirming your order at the correct price or
cancelling your order. If you cancel, we will refund or re-credit you
for the sum that has been debited from your credit card for the
4. ONLINE ORDERING
You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:
The payment modalities we accept are mentioned on our Site. Payment must be made in euros (€) by Visa, Paypal or bank transfer.
retains title in the sold goods until we have received full payment of
the price and shipping charges, and possible late payment interests
6. SALE CONTRACT
No sale contract will
exist between you and ZYPHO until ZYPHO dispatches the products. All
information on our Site is an invitation to treat only and is not an
offer or unilateral contract. Your order represents a binding offer by
you to purchase our products. The sale will only be binding once we have
notified you by means of the Shipping Notification E-mail that the
goods have been dispatched to you.
ZYPHO reserves the right to refuse an order, for any reason, wholly or partially, and in any case in the following cases:
o If the product is not available;
o If your billing information is not correct or not verifiable;
o If your order is flagged up by the security systems as an unusual order or an order susceptible of fraud;
o If your bank transfer payment/reservation is not received timely;
o If we have reason to believe you are under 18;
o If there was an error in the price quote;
o If we could not deliver to the address provided by you;
o In the event of force majeure.
7. DELIVERY RESTRICTIONS - COUNTRY OF DELIVERY
We deliver from Monday till Friday, except for bank holidays.
will use all reasonable efforts to deliver the products ordered within
the timescales indicated on the individual order confirmation to the
User. Such timescales are not guaranteed delivery times and should not
be relied upon. Erroneously communicated addresses are the
responsibility of the User and may lead to extra charges that will be
recovered from the User.
All goods will be dispatched from ZYPHO. If
your product is not delivered within the specified timescale, please
contact us by email@example.com.
9. DEFECTIVE PRODUCT OR WRONG DELIVERY
must check whether your shipment is correct upon delivery. If there are
discrepancies or problems with your order, please claim within 24
hours. ZYPHO will not be responsible for transport injuries. Subject to
availability, we will send you a new Shipping Notification E-mail and we
will automatically and immediately ship to you at our own costs the
correct replacement product.
10. RETURN FORM
Returns are only
accepted if the products are still in the original undamaged packaging,
and up to 15 days after receiving the order. The return will be borne by
the customer who must send email firstname.lastname@example.org to inform which order he
refers to. Only goods purchased online on the Site can be returned.
11. LIMITATION OF LIABILITY
use reasonable commercial efforts to keep the site uninterrupted and
error free. We also endeavor to protect the site against computer
viruses and other ‘malware’. Taking into account the nature of these
dangers and the internet, it is your responsibility to take the
necessary precautions and measures to protect your computer and system,
as your use of the site and the information thereon occurs exclusively
at your own risk.
We cannot be held responsible for the use or the
inability to use the site, the site’s content or any link to another
website, or the performance of the products purchased on the site. To
the maximum extent permitted by law, we shall not be responsible for (i)
losses that were not caused by any breach on our part, or (ii) any
(business) loss (including loss of profits, time, revenue, data), or
(iii) any indirect or consequential losses that were not foreseeable to
both you and us when you commenced using the site.
Our entire liability in connection with the sale contract will not exceed the purchase price of the products in question.
These terms and conditions do not affect your statutory rights.
(a) Legal Warranty:
are entitled to the legal warranty. It covers lack of conformity of the
goods at the time of the delivery. The seller undertakes to replace or
repair the concerned goods (or parts) free of charge. The seller
reserves the right to exchange the article if the costs for a repair are
disproportionate, or if a repair is impossible.
(b) Commercial Warranty:
also offers an additional commercial warranty extending the warranty
for the Zypho Heat Exchanger to 5 years (valves and connections not
included), for private purchasing.
13. USE LIMITATIONS AND INTELLECTUAL PROPERTY RIGHTS
brand names, product names and titles used on the Site are trademarks
or trade names of ZYPHO. You are not allowed to use or reproduce any
such trademarks or trade names as they may constitute an infringement of
the holders' rights. All Site design, texts, documents, movies and
other services and the selection and arrangement thereof, and all other
material on this Site are protected by copyright of ZYPHO or its
suppliers. You are only allowed to electronically copy and print
portions of the Site to the extent this is necessary for the purpose of
placing an order, or for using the Site as a shopping resource. You are
not allowed to make any other use of the information and materials on
the Site, including reproduction for the purposes other than those noted
above, modification, distribution, or (re)publication. Should you wish
to use materials and information from this Site, you need to obtain
ZYPHO's prior written consent.
14. USE OF INFORMATION AND SUGGESTIONS BY YOU REGARDING THIS SITE
the event you provide to ZYPHO or post any material, information,
suggestions or comments on or through the Site about the Site, the way
in which ZYPHO conducts its business, or the operation of the Site,
ZYPHO reserves the right to use such material, information, suggestions
or comments in its discretion, with no compensation or credit to you.
You hereby grant to ZYPHO a non-exclusive, perpetual, worldwide, royalty
free license to utilize and publish such information and material, in
whole or in part. However, use by ZYPHO of information by which you may
be identified (such as your name, address, social security number and
consider your privacy as very important and we want to be sure you are
aware of and agree with the way in which we may use your personal
an order on the Site you consent to the collection, use and transfer of
16. GOVERNING LAW
dispute regarding the validity, the interpretation and/or the execution
of the Terms and Conditions is solely governed by the laws of Portugal
and the Portugal courts, without prejudice to the right of a consumer to
bring a dispute before the court that is competent on the basis of
mandatory legal provisions. The application of the United Nations
Convention of Contracts for the International Sale of Goods is expressly
excluded. If you are a consumer and have your habitual residence in the
EU, you additionally enjoy the protection afforded to you by mandatory
provisions of the law of your country of residence. The User agrees that
in the event of a dispute with respect to the use of the Site,
electronic evidence (e.g. e-mails, back-ups, etc.) can be used as valid
If any of the Terms and Conditions may be declared null and
void or not applicable, the other terms and conditions will remain
valid and the portion declared null and void will remain applicable
within the boundaries set by law.