TERMS AND CONDITIONS OF USE OF THE WEBSITE

The following information sets out the Terms and Conditions of this website, namely the conditions of our subscription Packages, including the ordering and pre-booking of FAMEL products and services made through our website.

 

IN ORDER TO HAVE AN ENLIGHTENED EXPERIENCE USING THIS WEBSITE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY BROWSING THE WEBSITE, YOU ARE CONSENTING TO THE CONDITIONS PRESENTED HEREIN, WHICH DO NOT IMPLY AN ORDER. BY PLACING AN ORDER, YOU EXPRESSLY ACCEPT THESE CONDITIONS, WHICH ARE PART OF THE CONTRACT.

FAMELECTRON – FÁBRICA DA MOBILIDADE ELÉTRICA, LDA., whose registered office is at Avepark, Parque da Ciência e Tecnologia, 4805-017 Barco, Guimarães, Portugal with registered number PT516423703, hereinafter referred to as FAMEL, presents itself as the owner of this website.

For additional information, clarification of doubts about this website or about the Terms and Conditions herein, or even for any complaints, you can contact FAMEL by email: apoio@famel.pt

3.1. This Website is intended for the dissemination and marketing of FAMEL products. The conditions presented apply to all users of the website www.famel.pt and to any operations, regardless of their nature, carried out through it.

3.2. The subscription to our Packages available online, as specified in Section I II and III, are exclusively available to Users who are natural persons acting in the capacity of “consumer”, as defined under the terms of the legislation in force.

3.3. At any time, FAMEL is entitled to unilaterally change the presentation and content of the Website, including the terms and conditions of use, without prior notice. For that purpose, Users are subject to what is in force on the date of consultation and/or use of the Website. If the User is not satisfied with the conditions presented here, he/she may always stop navigating on our website, as well as cancel his/her subscription at any time, as referred to in the clauses below.

4.1. In accordance with applicable law, the User undertakes to use the website within the conditions applied, rejecting any type of activity outside the law, ethics and morals, or interests of third parties.

4.2. The introduction of links on the present website for commercial purposes or without prior authorization from FAMEL is expressly prohibited.

4.3. These conditions will not apply to third party websites. Thus, in case the User visits other website(s), having as a starting point the website www.famel.pt, the User will have to read the privacy policies, as well as the general conditions of use of the same.

All content and information stated in www.famel.pt and its subdomains, are the property of FAMEL and therefore the use, reproduction, copy and disclosure, by other means of logos, texts, images and videos contained in the website, is subject to prior authorization, not presumed.

GENERAL SUBSCRIPTION CONDITIONS

The User may subscribe to one of the 3 Packages described in more detail below:

Ambassadors – By subscribing to the Ambassadors Package, the User places an order for a FAMEL product. In addition, this User automatically becomes a FAMEL member, enjoying advantages and variable discounts depending on the information available on the website. These advantages and discounts may vary during the subscription period without giving rise to the right to recover the amount paid for the subscription. By submitting an order through the Ambassadors Package subscription, the User is agreeing to the conditions of Section I described below.

Visionaries – By subscribing to the Visionaries Package, the User makes a pre-reservation of a FAMEL product. In addition, this User automatically becomes a FAMEL member, enjoying advantages and variable discounts depending on the information available on the website. These advantages and discounts may vary during the subscription without giving rise to the right to recover the amount paid for the subscription. By submitting the pre-booking request through the subscription to the Visionaries Package, the User will be agreeing to the conditions of Section II below.

Famel Fans – By subscribing to the Famel Fans Package, the User has the possibility to become a FAMEL member, enjoying variable advantages and discounts depending on the information made available on the website. These benefits and discounts may change over the course of the subscription without giving rise to any right to a refund of the subscription fee. By submitting the Famel Fan Pack subscription request, the User agrees to the conditions of Section III below.

7.1. Information about Packages. FAMEL may freely make changes at any time to the existence, composition, price or other characteristics of Packages that are announced on the Website. Users will be subject to the conditions that are in force on the date of confirmation of subscription of each of the selected Packages.

7.2. Prices/Deposit Amounts

7.2.1. The price/value of the deposit of each Package available at www.famel.pt and its subdomains is always presented in euros, including VAT at the legal rate in force. The price/value of the deposit of the Packages available on the website may be subject to change. Any change will not affect orders/pre-reservations for which a subscription confirmation has already been sent via email.

7.2.2. Although FAMEL will use its best efforts to keep all information up to date, computer, manual, technical, or other errors may occur, causing a substantial change not foreseen by FAMEL in the indicated deposit price/value. If the price/deposit value of the Package confirmed by email is substantially less than the price/deposit value advertised and paid, you will be refunded the difference. If the price/deposit value is substantially higher, the User will be informed by email, having the option to accept a new proposal or cancel the order, as referred to in the clauses below.

7.3. Forms of Payment

7.3.1 FAMEL provides the User several options to pay for the selected Packages:

      • Bank Transfer: The User has the maximum period indicated in the order confirmation email to make the payment, using the data provided for this purpose. Once 48 calendar Hours have passed after receiving the order confirmation email, and if FAMEL has not received any payment, the selection of the Package selected will be automatically cancelled.
      • Credit Card: Choosing this payment method, you will need to fill in the following information to make the payment: Name of the card owner, card number (16 digits), security code (3 digits) and expiration date. This information will be sent by Encrypted Protocol to the company that provides the remote electronic payment services, SIBS, without any third party having access to the information transmitted. This information will not be used by FAMEL, except to carry out the operations necessary for reimbursement, in the event of return in accordance with the exercise of the right of return, or for communication to the authorities in the event of fraud.
      • MBWay: the User choosing this payment method should enter the cell phone contact associated with their MBWay account and should confirm the payment directly on the cell phone application.

7.4. Information on the User

7.4.1. Placing orders/pre-reservations through the website does not imply the creation or existence of an online account by the User, provided that the form called “Billing Details” is filled in. However, the User may choose to create a user account in order to facilitate future use of our website.

7.4.2. The User declares and guarantees that all information provided by the User is correct and up to date. If the User verifies that the information contained in the order confirmation email is not correct, the User can immediately request a change by sending an email to apoio@famel.pt.

7.4.3. FAMEL is not responsible for inaccurate information provided by the User, nor for those which later become out of date. FAMEL is under no obligation to make any effort to determine the correct and up-to-date contact to resume communications with the User, namely to send the email confirming the subscription as a member/pre-reservation/order and delivery of the same.

7.4.4. FAMEL is constantly committed to ensuring the security of information and recognizes the importance of protecting the personal data of Users of the site www.famel.pt. For transparency reasons, our Privacy Policy is permanently available for consultation.

8.1. No contract for the subscription of Packages available on this site is established between FAMEL and the User, without the subscription having been previously accepted and paid for by the User and confirmed through the reception of the subscription confirmation email.

8.2. To make any subscription on our site, the User should follow the process described below:

    • Browse the website www.famel.pt and click on “Packages” and find the Package to suit you.
    • Choose the Package by clicking on “Subscribe”.
    • After you have added the chosen Package(s) to your “Cart”, finalize your subscription by filling in the “Billing Details”.
    • Review your subscription details.
    • Proceed to payment.
    • Confirm your subscription (“Confirm Order”).
    • Finally, you will receive a subscription confirmation email (we suggest that you print or download this copy for future reference).

8.3. The User undertakes to make the payment exclusively according to the instructions and payment methods specified above. Otherwise, FAMEL will not be liable for the loss of payment or any other damages or losses which may arise therefrom.

8.4. All data registered by FAMEL constitutes proof of the set of transactions carried out between the parties, being FAMEL responsible for filing the electronic document in which the contract is formalized, being obliged to keep it accessible to the User.

9.1. Under the terms of the legislation in force and without prejudice to any provision to the contrary, the User can always exercise his right to free termination within a period of 14 (fourteen) days from receipt of the email confirming subscription to any of the three Packages selected, without having to provide any justification. For this purpose the User should contact our email address: apoio@famel.pt.

9.2. In the event of exercising the right of free withdrawal, the subscription price will be reimbursed.

For all omissions and for the correct interpretation of these terms, Portuguese law will be applied. Any question or dispute arising from the application, interpretation, integration or execution of these terms, when it cannot be resolved by agreement between the parties, will be subject to the Portuguese courts.

We also inform you that the European Union has created a website to support consumers in the presentation of their complaints about any dispute in which they are involved. In this context, FAMEL provides all the information so that you can exercise your right of complaint with an official entity, third and impartial to the process. Thus, if you were dissatisfied with the pre-booking on our site, or with the solution presented by us to resolve the situation, you can access this official site https://ec.europa.eu/consumers/odr.

FAMEL informs that, in case of dispute, the consumer has the possibility to resort to entities of Alternative Dispute Resolution:

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo / National Center for Information and Arbitration of Consumer Conflicts

Centro de Arbitragem de Conflitos de Consumo de Lisboa / Lisbon Center for Arbitration of Consumer Conflicts

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave / Arbitration Court

CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) / Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court)

CICAP – Tribunal Arbitral de Consumo / Consumer Arbitration Court

I. AMBASSADORS - ONLINE ORDERING

The subscription to the EMBASSADORES Package includes the order of a FAMEL product. FAMEL refers to information regarding the characteristics of the product through visual and technical descriptions, photographs and videos that illustrate the products. FAMEL is not responsible for any changes to the appearance or characteristics of the product that are made available on the website. Therefore, Users will be subject to the technical descriptions, photographs and videos that are in force on the date of order confirmation. The quantities available in stock are exclusive to the purchase through this website. If the User finds that, by mistake, the product contained in the order confirmation email is not correct, the User may immediately request its change before the order is shipped, by sending an email to apoio@famel.pt.

There may be other shipping costs, as well as additional costs related to the registration of ownership of the goods ordered, not identified in the final menu, and which are the responsibility of the User.

13.1. FAMEL retains ownership of the product(s) ordered until it has received full payment for the product(s) ordered has been received by subscription to the Ambassador Package(s). Thus, the order processing will only start from the date of your payment and the consequent subscription confirmation email.

13.2. The product ordered can be delivered in person or sent only to mainland Portugal and islands.

13.3. FAMEL will make its best efforts so that, barring exceptional circumstances, the product(s) contained in the order confirmation email will be delivered to the User on the date indicated therein. Nevertheless, production may be delayed and, given the innovative nature of the product, the User accepts this eventuality.

13.4. Weekends or holidays are not counted for order delivery estimates as only deliveries are made from Monday to Friday.

13.5. The dates indicated in the confirmation email are merely indicative. In addition to the shipping time varying depending on the carrier and the destination of the order, the dates indicated may change, in particular due to unavailability of stock, unforeseen events of the carrier or events of force majeure beyond the reasonable control of FAMEL. FAMEL shall not be liable in case the delivery is not met in the estimated time.

13.6. In the event that FAMEL cannot deliver on the estimated date, the User may be informed accordingly and given the option of accepting a new date or cancelling it.

13.7. An order is considered delivered when the delivery receipt is signed at the address indicated by the User or at a location agreed upon by the parties.

Cancellation of the Ambassador Package subscription will imply the cancellation of the product order. The User may request the cancellation of the order subscription, without justifiable reason, up to the date of dispatch with the right to a refund of all amounts paid, by sending an email to apoio@famel.pt.

15.1. Under the terms of current legislation, all products purchased at www.famel.pt are subject to a legal warranty of 2 (two) years.

15.2. In the event that, during the term of the guarantee, the purchased product presents any non-conformity or deterioration, the User should contact our email address: apoio@famel.pt.

15.3. The User must report the nonconformity within 2 (two) months of becoming aware of it.

15.4. FAMEL will bear the costs of returning or collecting the nonconforming article for replacement within the period of the respective legal guarantee. In case of return, FAMEL will refund the amount paid, including return charges.

15.5. For the avoidance of any doubt, in the case of the return of items purchased under commercial or promotional campaigns, only the amount that the User actually paid at the time of placing the order for the product to be returned or exchanged will be refunded.

16.1. The return or collection of an ordered product for replacement mentioned in the previous clauses shall be carried out as follows:

    • The collection will be made within a maximum of 15 working days after you have made the return request. You will be contacted by customer service to schedule the collection of the products. If you are not at the indicated address at the time of collection, a new collection will be scheduled at a date/time to be agreed between the User and the shipping company.
    • The collections are not made on holidays and weekends.
    • After receipt of the product in our warehouse, FAMEL will check if the product is in conformity with our requirements for Return or Replacement above. If so, the Return will be confirmed or the refund made.

16.2. The collection appointment with the competent carrier will be made by FAMEL within 5 working days after receipt of the exchange/return confirmation by FAMEL. The collection will be made from Monday to Friday.

16.3. Upon receipt of the whole ordered product(s) at our premises, we will process it within a maximum of two working days. If the return is confirmed, the User will be refunded as provided in clauses 14 and 15.4.

17.1. Notwithstanding the foregoing provisions, FAMEL reserves the right to refuse or suspend the order requests as well as the orders already confirmed by subscription confirmation email, whenever it has grounds to do so, namely:

    • If there is suspicion that the order has been placed by a User not acting in the capacity of consumer.
    • If the order has been flagged by the Security Systems of the site as an incorrect order, irregular, or an order susceptible to fraud.
    • If there is suspicion of lack of capacity of the User (e.g. because he is a minor).
    • For lack of payment in the time allotted for that purpose.
    • If there is a need to control any excess submissions, for production management issues, stock-outs or as deemed appropriate.

17.2. In such cases, efforts will be made to promptly inform the User of such refusal or suspension. In the event of a refusal of an order already confirmed through the order confirmation email, the User will be refunded the full amount paid.

18.1. FAMEL excludes any type of responsibility for losses or indirect damages as well as cannot be held responsible for damages suffered by third parties resulting from the use of its products, or as a consequence of their misuse.

18.2.The provisions of this clause do not affect the User’s legal rights as a consumer.

II. VISIONARIES - ONLINE PRE-BOOKING

19.1. Online pre-booking. By subscribing to the Visionary Package, the User makes a pre-booking request for a FAMEL product not yet officially launched. The online pre-booking does not constitute the purchase of a FAMEL product. The online pre-booking is only the anticipated reservation of a product, before its production and official commercial launch.

19.2. Purpose of the online pre-booking. The sole purpose of the online pre-booking is to ensure priority in the production and availability of the pre-booked specimens and, consequently, to allow FAMEL to estimate and adjust the production of the number of specimens according to demand.

FAMEL refers to information regarding the characteristics of the products through technical descriptions, photographs and videos that illustrate the products that will be commercialized. The product shown may suffer alterations up to the date of its commercialization. FAMEL is not responsible for any changes to the appearance or characteristics of the product that are made available on the website.

21.1. FAMEL may, at its own discretion, update the information on the start date of production and commercialization of the product. The information provided is an estimate with indicative effect only for the Website User. FAMEL does not represent or warrant that the product will be produced and available on the estimated date. Although best efforts are made to do so, the dates given are not binding and are subject to change and postponement.

21.2. FAMEL shall not be liable for any damages due to changes in the indicated dates, nor shall it be obliged to provide any discounts, refunds or credits due to such informative updates. In any case, if, for any reason, the user who made the pre-booking no longer has any interest in continuing to wait for the dates of the effective production or commercialization of the product, the User may always cancel the pre-booking.

The pre-booking does not imply advance payment of the product’s price. Nevertheless, the pre-booking is accompanied by a deposit. The value has the function of guaranteeing priority in the production and availability of the copies that come to be pre-reserved. The information about the amount to be deposited is presented in euros and is merely an estimate. Therefore, any information on the site may change and will always be subject to confirmation by email. The moment in which the pre-booking process is concluded corresponds to the moment of reception of the email confirming the pre-booking subscription. However, failure to pay the aforementioned deposit implies that the pre-booking will not be confirmed.

FAMEL will produce the products seeking to respect the order in which pre-reservations are made. However, reasons related to the production process may dictate changes. In case of cancellation or refusal of pre-booking, the User’s position will be occupied by the next person in the pre-booking list of the product.

The User may, without justifiable reason, cancel the pre-booking request as well as the pre-booking that has been confirmed, up to 6 months after the date of the respective formalization for the effect, by sending an email to apoio@famel.pt. In this case the User will be reimbursed 56% of the amount deposited for the pre-booking subscription, if this has already been done.

FAMEL may refuse or suspend pre-booking requests as well as pre-bookings already confirmed in order to control possible oversubscription, for production management reasons or as it deems appropriate. In case of refusal of a pre-booking, the User will be refunded the full amount of the deposit made.

26.1. Once the pre-booking process initiated by the subscription of the Visionary Package is concluded, FAMEL will attempt to maintain communication with the User. Namely, providing information about:

    • The time when the product actually starts to be produced (production start date);
    • The moment of its availability (date of commercialization and the moment in which the product is considered reserved);
    • The order formalization process, instructions on payment of the final price of the product, and other details.

III. FAN - FAMEL MEMBER

The subscription to the FAN – FAMEL MEMBER Package includes the benefits described on the website at the subscription date. Cancellation of the subscription to this Package does not give rise to any refund of the amounts paid.

Version 1.2021
Last update date: 20 october 2021