Terms and Conditions of Sale

 

1. Seller Identification

These Terms and Conditions govern access to Flama's website and purchases of products made through its online store.

The sale of the products made available on the website is carried out by FLAMA - FÁBRICA DE LOUÇAS E ELECTRODOMÉSTICOS, S.A., headquartered at Rua Alto de Mirões, n.º 249, Zona Industrial de Cesar, 3700-727 Cesar - Portugal, hereinafter referred to as “Flama”.

For contact purposes, the following channels may be used:

• General email: info@flama.pt
• Customer support: 808 250 178
• After-sales service: info@flama.pt
• Postal address: Rua Alto de Mirões, n.º 249, Zona Industrial de Cesar, 3700-727 Cesar - Portugal

 

2. Purpose and Scope

These Terms and Conditions apply to all website visitors and all purchases of products made through Flama's online store.

Browsing the website, registering a customer account and placing orders presuppose that these Terms and Conditions have been read and accepted, without prejudice to the mandatory rights granted to consumers under applicable Portuguese law.

The information provided on the website, product pages, checkout, promotional campaigns and other commercial communications forms part of these Terms and Conditions to the extent legally applicable.

 

3. Customer Account

The user may create a customer account to facilitate future purchases, view order history, track order status and manage requests relating to returns, assistance or other interactions with Flama.

The customer undertakes to provide complete, accurate and up-to-date information and to keep their access details confidential.

Flama shall not be liable for improper use of the account resulting from the customer's failure to keep their access details confidential.

 

4. Products and Availability

Through its online store, Flama sells household appliances, parts, accessories and other products identified on the website.

The essential characteristics of each product are set out on the respective product page.

The availability of items depends on existing stock and order validation. Adding a product to the cart or submitting an order does not, in itself, guarantee its availability.

If, after the order has been submitted, a stock shortage, subsequent unavailability or inability to supply occurs, Flama will inform the customer as soon as possible and, where applicable, refund the amounts paid for the unavailable products.

 

5. Ordering Process and Contract Formation

To make a purchase, the customer must follow the steps indicated on the website, select the desired products, confirm the cart, enter the requested information, choose the delivery method and payment method, and submit the order.

After submitting the order, the customer will receive an automatic acknowledgment of receipt. This communication does not, in itself, constitute final acceptance of the order.

Flama’s acceptance of the order depends, in particular, on confirmation of payment, product availability, validation of the information provided, and the absence of indications of fraud or abusive use of the website.

The contract is deemed concluded when Flama confirms acceptance of the order, without prejudice to cases of unavailability, obvious error, or inability to fulfill it.

 

6. Prices and Commercial Information

The prices displayed on the website are stated in euros and include VAT at the legally applicable rate and any other applicable taxes.

Delivery costs or other additional charges, where applicable, will be communicated to the customer before final confirmation of the order.

Flama endeavors to ensure that the information contained on the website, including prices, descriptions, images, promotions, and product characteristics, is accurate and up to date.

Nevertheless, in the event of an obvious manual, computer-related, or technical error affecting essential elements of the order, particularly the price, Flama reserves the right not to fulfill the order, informing the customer as soon as possible and issuing a full refund of any amounts paid in the meantime.

Product images are for illustrative purposes only, without prejudice to the obligation to substantially correspond to the essential characteristics of the advertised product.

Prices and promotions are exclusive to online purchases and may differ from those in physical stores.

 

 

7. Payment Methods

At any given time, Flama’s online store offers the following payment methods:

• Multibanco;
• Credit or debit card;
• MB WAY;
• PayPal;
• Klarna.

The payment methods effectively available for each order will be those presented to the customer at checkout.

The details required for payment are communicated to the customer at checkout and in the order confirmation email.

Flama processes orders only after confirmation of the corresponding payment or validation of the selected payment method, and therefore cannot guarantee the availability of the items until that time.

Any additional charge associated with a specific payment method will only be payable if it has been clearly and expressly communicated in advance and accepted by the customer.

7.1 Payment Solutions

Whenever Flama makes payment solutions provided by third parties available, including installment payments, credit, or deferred payment, those solutions are subject to the respective provider's own terms and conditions.

The approval, eligibility, costs, timeframes, and other conditions of those solutions depend exclusively on the third-party provider, without prejudice to Flama's obligation to provide the customer with clear information about the existence of such intermediation and any additional costs, where applicable.

 

8. Invoicing

The invoice will be issued based on the details provided by the customer when placing the order.

The customer must ensure that the billing details provided are correct and complete. After the invoice is issued, any amendment will be subject to the applicable legal and tax rules.

 

9. Delivery, Shipping Costs and Transfer of Risk

Flama will dispatch and deliver the products under the conditions indicated on the website and at checkout, depending on the destination, the nature of the items, and logistical availability.

In mainland Portugal, available items are dispatched within 2 to 4 days. The maximum delivery time, after dispatch confirmation, is 72 hours.

For the Azores and Madeira, available items are dispatched within 2 to 4 days. The maximum delivery time is 5 to 7 days after dispatch.

The dispatch and delivery times shown on the website are estimates based on payment confirmation. After invoicing, the consumer will receive a dispatch confirmation email.

Shipping costs are calculated according to the volumetric weight of the products..

Shipping costs, where applicable, will be presented before the final order confirmation.

The risk of loss or deterioration of the goods passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods.

If a delivery delay attributable to Flama occurs, the consumer shall have the rights provided for by law, including the possibility of requiring delivery within an appropriate additional period and, if the breach persists, terminating the contract in accordance with the law.

 

10. Right of Withdrawal

For distance contracts, the consumer has the right of withdrawal within 14 days from the date of receipt of the goods, without needing to provide any reason, subject to legally applicable exceptions.

To exercise the right of withdrawal, the consumer must notify Flama of their decision by means of an unequivocal statement, namely through the cancellation or return button in the customer area, by form, email, or another verifiable means.

After exercising the right of withdrawal, the consumer must return the goods to Flama under the legally applicable conditions and within the period prescribed by law.

The consumer is liable for any depreciation of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

Flama will issue the refund due under the legally applicable terms and deadlines, in principle using the same payment method used by the consumer for the initial transaction, unless expressly agreed otherwise.

Please consult the Flama’s Returns, Right of Withdrawal and Refunds Policy, which must be read together with these Terms and Conditions.

 

11. Commercial Returns Policy

Without prejudice to the legal right of withdrawal and consumer rights in the event of a lack of conformity, Flama may offer additional commercial conditions for returns, exchanges, or extended acceptance of returns, under the terms specifically announced on the website or in a separate campaign.

Whenever Flama advertises a commercial return policy that exceeds the legal minimum, that policy will be interpreted as an additional benefit granted to the customer and not as a limitation of legally recognized rights.

The specific conditions applicable to commercial returns, including the deadline, product condition, packaging, documentation, and any free return shipping, should be consulted in Flama’s Returns, Right of Withdrawal and Refunds Policy in force on the date of purchase.

 

12. Lack of Conformity and Legal Guarantee

Flama is liable for any lack of conformity in the goods that becomes apparent within 3 years of their delivery, in accordance with applicable legislation.

In the event of a lack of conformity, the consumer is entitled, under the conditions provided by law, to have the goods brought into conformity, namely through repair, replacement, or termination of the contract.

In principle, the consumer chooses between repair and replacement, unless the chosen remedy is impossible or would impose disproportionate costs on Flama under the law.

Notice of the lack of conformity may be given by email  info@flama.pt, form - Contact Request -, or any other means capable of providing proof.

The repair or replacement will be carried out free of charge, within a reasonable period, and without significant inconvenience to the consumer, in accordance with the applicable legal provisions.

Where applicable, the repaired product benefits from the additional warranty period provided by law.

This statutory warranty does not affect or replace any additional commercial warranties that are expressly provided, which will always be interpreted in accordance with the consumer’s mandatory rights.

 

13. After-Sales Service and Technical Assistance

To report faults, request technical assistance, or report situations related to product use, the customer may use the channels provided by Flama, including the designated form, email, or other means indicated on the website.

Whenever the request concerns a situation covered by the statutory warranty, the costs of collection, transport, repair, replacement, removal, or reinstallation, where legally due, will be borne by Flama in accordance with the applicable terms.

Where the product is outside the statutory warranty period, or where the reported fault does not constitute a lack of conformity attributable to Flama, assistance may be subject to a quotation, prior acceptance, and payment by the customer.

Flama may recommend consulting the instruction manual in advance, carrying out basic usage checks, or contacting authorized repair centers whenever appropriate.

 

14. Parts and Accessories

Without prejudice to the rights legally recognized for consumers, Flama recommends using original parts and accessories and having them installed or replaced by qualified technicians whenever the nature of the work so justifies.

The use of non-original parts, incompatible components, or improper installation may compromise the equipment's performance or safety, or the applicability of certain warranty coverage, insofar as there is a connection between that intervention and the defect identified and within the limits permitted by law.

Under applicable legislation, Flama or the manufacturer will ensure the availability of the parts necessary to repair the goods for the legally required period, where applicable.

If you have any questions, contact the After-Sales Service or authorized agents.

 

15. Promotions, Campaigns, and Discounts

Flama may offer promotional campaigns, discount codes, special offers, or other advantageous commercial conditions applicable to certain products, categories, or periods.

Unless expressly stated otherwise, promotions are valid only:

• during the indicated period;
• for the products, quantities, or categories expressly identified;
• while stocks last.

Unless otherwise indicated, promotions, coupons, and discount codes cannot be combined with one another or with other ongoing campaigns.

Where several potentially applicable promotional benefits exist and the system allows it, the most advantageous condition will be applied, in accordance with the terms disclosed for the specific campaign.

Flama reserves the right to amend, suspend, or cancel promotional campaigns in the event of an obvious error, subsequent unavailability of stock, technical anomaly, abusive use, fraud, or other objectively justified circumstances.

Flama may also refuse to apply discounts obtained improperly, particularly when they result from fraudulent use of codes, technical manipulation of the website, violation of these Terms and Conditions, or use contrary to good faith.

The specific conditions of each campaign will be communicated on the website, product pages, checkout, newsletters, or other applicable promotional materials.

 

16. Complaints and Dispute Resolution

The customer may submit complaints through the customer support channels provided by Flama, including the contact details indicated in these Terms and Conditions and the electronic complaints book.

Without prejudice to recourse to the courts, consumers may, where applicable, refer disputes to alternative consumer dispute resolution entities, under the terms provided by law.

 

17. Intellectual Property

The website's content, including texts, images, photographs, trademarks, logos, names, graphics, structures, software, and other distinctive elements, belongs to Flama or to third parties who have authorized its use.

Reproduction, distribution, modification, making available, or any other form of use of these contents without prior authorization is prohibited, except where legally permitted.

 

18. Personal Data Protection

The processing of personal data carried out in connection with the use of the website and online store is governed by Flama's Privacy Policy , which should be read together with these Terms and Conditions.

 

19. Amendments to the Terms and Conditions

Flama may update these Terms and Conditions whenever necessary for legal, regulatory, operational, commercial, or technical reasons.

The version in force shall be the one published on the website on the date of consultation or purchase, without prejudice to the terms specifically applicable to an order already submitted by the customer.

 

20. Applicable Law

These Terms and Conditions are governed by Portuguese law.

The application of Portuguese law does not prejudice the mandatory rights afforded to consumers under legally applicable consumer protection provisions.

 

21. Contact details

For any questions relating to these Terms and Conditions, orders, returns, support, or the exercise of rights, the following contact details may be used:

• General email: info@flama.pt
• After-sales service: info@flama.pt
• Telephone: 808 250 178
• Postal address: Rua Alto de Mirões, no. 249, Cesar Industrial Zone, 3700-727 Cesar - Portugal