Progelcone Policies

Orders can be placed by e-mail, fax, phone, directly to our Salesmen or in Progelcone’s facility by the Customer or by the Purchasing Officer identified by the Customer File Opening.

Any order made by a third party in behalf of a customer, will presumably count as in the name of the customer and with his/her notice or his/her identified purchasing officer.

The performed acts by the purchasing officer towards Progelcone S.A. will be considered legally imputed to the customer, according to proper representation rules.

Usually, stocked products are shipped within 1-2 working days. If we do not have stock available for your total order, or any time constraint in your order, please contact our e-mail customer.care@progelcone.com, our team will find a solution.

Once your order is placed, we cannot guarantee it can be changed or modified. If you wish to modify your order, please contact us as soon as possible.

All prices are subject to change without notice.

Progelcone S.A. reserves the right, at any moment and without notice, and to avoid incidents of delay, to replace or modify the ordered products for identical ones, according to stock availability.

The goods are delivered by Progelcone S.A. to the customer for the prevailing prices at the respective delivery date. These prices are subject to VAT at the legal rate in force.

Depending on the product, fees or legal contributions may also be added, such as Ecoree, Ecovalor, Green Point or single-use packaging.

The delivery of goods will be made after the respective invoice is issued, on the time and the place settled between Progelcone S.A. and the customer.

The delivery is considered performed on the client’s goods collection date, in Progelcone’s facilities, or on the goods delivery’s date, at the agreed place, after that, all the inherent goods’ risks are in total charge of the customer.

In case of justified delay on the delivery, the Customer cannot refuse the goods and Progelcone S.A. cannot be responsible, by any means, of that delay.

Justified delays are the ones that occur from results of force majeure or circumstantial changes, including: strikes, malfunctions, suppliers’ delays, shipping company’s delays, fires or any event of similar nature.

The Customer’s signature on shipping documents (consignment note, transport document and/or invoice) correspond to the customer declaration on which he/she states that the goods referred on the documents match the customer’s order.

If you believe you have received an incorrect product, please keep the product without using it and inside its original packaging, and get in touch with our sales department. They will find a way to send the correct product or they will issue a credit note. We may need to ask for a photography of the incorrect product you have received, and we will pay for the transport cost to deliver that product.

All the supplies must be paid on delivery via bank check, cash or automatic payment.

For the customer to benefit from credit, he/she will have to fill in an opening credit proposal made available by Progelcone S.A. and get an acceptance, by written notice, of the proposal from the Financial Department.

The Customer shall be obliged to fully pay the invoice’s value, by the final date specified, always and when there is not an agreement on other payment terms.

In case the payment period exceeds, without depending on any previous communication from the customer, Progelcone S.A. has the right to cancel or suspend order requests and/or delay the goods’ delivery, not being needed any compensation to the Customer.

In the previous case, Progelcone S.A. may demand late interests, calculated since the invoice’s maturity date relying on the current rate to trade debts, without depending on any previous communication from the customer.

The delivery’s goods are Progelcone S.A. property until fully paid by the Customer, including the payment of capital debt and the payment of a possible interest debt.

Until the payment of all the invoices in debt, including late interests, the goods cannot be guaranteed, pledged or sold by a third party.

The loss risk or damage of the goods is to be borne by the customer, from the moment of its shipping or its collection.

In case of the Customer’s obligations breach, particularly default on payment or delayed payment, Progelcone S.A. reserves the right to report the present supply contract.

Default on payment or delayed payment of the invoices, on the due date, gives Progelcone S.A. the right to demand to the Customer the immediate full payment of the outstanding balance, which is subject to default interests. It should also be billed to the Customer a commission in respect of the management and administration of the conceived credit.

The Customer should also, in case of default, pay Progelcone S.A. for expenses and burden due to judicial collection, including Lawyers and Solicitors’ fees.

Orders are placed on the online store.

Our products’ prices are placed on our online store, to which must be added taxes and legal fees, as well as shipping fees.

The purchasing process allows the customer to know the order’s final price before its confirmation.

The purchasing system is under Portugal legislation, so sales operations are held entirely by Progelcone S.A.

Deliveries will be executed in continental national territory on the customer’s indicated address.

Deliveries on Azores and Madeira archipelagos are customer’s responsibility.

The goods will be followed by an invoice original and duplicate.

Deliveries may vary between 1 to 15 working days, depending on the distance of the expedition local and warehouse stock.

The standard delivery and hauliers shipment’s time are estimated and not guaranteed.

For the order to be concluded, the customer must pay through credit card (Visa, Mastercard), Multibanco or Mbway.

Only after the payment is confirmed, the order will be shipped.

The customer may submit his/her complaint by e-mail to customer.care@progelcone.com or directly in our electronic complaints book.

You have until 48 hour, from the moment of the reception, to inform by written notice that the received product as a default caused by transportation, or that it is damaged (after that time, we will not accept the complaint). In case or receiving less products that were purchased and appear on the Delivery Note/ Invoice (on the moment of reception) one must indicate on the haulier’s note the default and warn us by phone or e-mail the goods in fault, so that we can replace it.

In case of dispute, the customer may appeal to and alternative dispute settlement body. Check the Consumers Portal: www.consumidor.pt.

We inform that European Commission has a dispute resolution platform, available on https://ec.europa.eu/consumers/odr.

Besides proven manufacturing defected products, returns are accepted within a maximum period of 14 days after delivery.

The return should be sent to the following address:

Progelcone SA

Estrada de Polima 624

2785-543 ABOBODA (PORTUGAL)

Some products may be customized with customer’s brand and are specially treated by our factory and our suppliers. These products typically have minimum quantities, larger deadlines and added costs. Customized products cannot be returned.

Regarding customized products, manufactured by Progelcone or its partners, the use of drawings presented by the costumer is his/her exclusive responsibility.

Regarding manufactured quantities, there is a 5% margin of tolerance.

Regarding manufacturing defects, there is a 3% margin of tolerance. If the percentage of the defected good exceeds this margin, we will file an internal complaint.

The printed colour registration in flexography is not absolutely precise, Progelcone S.A. does not accept compromises in which the colours match between themselves.

Do not resort to colour grids to have an additional one. Usually it results in an unsatisfactory final work.

Between several productions, slight tone, size, weight, printing colour and whiteness variations may happen.

We recommend not to overload the prints with text, in less quality printing areas. Small objects cannot have big texts.

One must take into consideration that the same ink acquires different tones, depending on the product that is used for printings.

There are products that we do not customize. We do it in collaboration with partners from Far East/ USA. The delivery deadline varies between 4 to 6 months.

The delivery deadlines are oriented. If, for any reason, one cancels a customization order, the preliminary works (drawings and blocks), if already made, are invoiced.

We cannot give evidence about finished products. We submit computerized drawings for the customer’s consideration.

Constant changes of the refered drawings, will be invoiced separately.

We confirm all requests by e-mail. The accordance of a request means the acceptance of drawings, prices, discounts, quantities, etc.

The confirmation of a drawing is extendable to texts, data, etc., including grammatical errors, if there are any.

The artworks (drawings, photolites, blocks) are for use of Progelcone S.A., and we do not grant its usage to other suppliers.

In our website, some low priced products are listed as generics. By other words, we do not have a specific supplier for these products. The product is supplied by a variety of suppliers having in consideration its price and availability, so that – in a fair way – we may accommodate both. We do all that is possible to keep our website updated with product changes, yet there can occur slight discrepancies with the aspect or the feeling of the product, due to the differences between suppliers. However, the usage intention of the product is the same. If you think this is not the case, please get in touch with our Customer Care so that we can find a solution.

Our image department does its best to replicate the product’s colour that is represent in our website. Either way, depending on the computer monitor, a product’s colour may have differences when seen at hand. Unfortunately, we cannot guarantee a colour’s precision disclosed on your computer monitor.

Some type of products, such as paper, textile or tissue, are subject to colour batches variations, related to its production process.

We try to supply the most precise images of our products as possible. However, some product’s colours are difficult, even impossible, to obtain. In those cases, we will use the nearest representative image for the product. These representative images may show optional accessories or resources, or it may be an image of a similar product.

Thus, we recommend a carefully reading of the product’s description and/or other alternative readings, such as Specification Sheets, Technical Sheets, etc., before you make the order. If you have any doubts or concerns about a product, after reading the description and the alternative readings, contact us.

Complementary products are the ones that demonstrably fit with the product you are currently watching, such as cup lids that work with a cup or bearings that work on a certain equipment. If a product is not listed as “Complementary Product”, we do not guarantee that it will work on the product you are currently watching and we do not recommend buying them together.

We ship all the goods in their original packaging, whit their instructions and documentation arranged by the suppliers.

Electronic equipments sold by Progelcone have 6 months warranty, counting from the selling date. We guarantee the products at the same the suppliers do. In some cases, it can exceed the 6 months.

During this time, we will repair or change any product from the moment we receive it.

Despite the majority of brand leaders offer an international warranty, we believe that it is unethical to sell a product and leave possible warranty constraints in the hands of local stores.

Therefore, in case of warranty constraints, we simply send an e-mail and give all the needed information to arrange a collection for the product, at our cost, to repair and replace, as soon as possible.

The warranty covers manufacturing defective parts, excepting their electronic components and pieces subject to normal equipment wear. It does not include displacements, transportation and workmanship.

Our warranty does not cover inappropriate equipment use, natural disasters, or any other factors unrelated to Progelcone’s responsibility, such as poor installation or problems related to electrical, water, sewage or gas connections.

Progelcone will not be held responsible for potential third-party damage, directly or indirectly caused by sold equipments as a result of their misuse.

If any product or packaging is find damaged or missing, or if you have a doubt regarding if the product has possible damages, you should do the following:

• Present a record of the incident, before signing the delivery document
• Save a copy of the delivery document
• Contact us within 1 working day after the delivery
• Keep the damaged goods for inspection
• Take pictures of the damaged goods

Our warehouses strive to have all the orders precessed and ready for shipment within 1-2 working days. The majority of the products is shipped from one of our warehouses from Portugal or Spain. The hauliers deliveries usually take 1 to 10 working days, depending on proximity. Land transportation may take from 1 to 7 working days. All delivery time is estimated and not guaranteed.

The packaging that is used during transportation is designed to maintain the content of your order protected against damage or incorrect handling. If your goods are damaged, contact us immediately so that we can provide you proper compensation or substitution. Be sure to inspect the products inside the packaging before you refuse a shipment for incorrect information reasons.

To maximize the products that we can offer, some website products aren’t always kept at our warehouses. These products can be shipped to you, directly from its manufacturer, or brought to our warehouse and then shipped to your address.

Please take note – not always we can cancel special products orders after they have been placed, and they cannot be returned.

We try to collect the shipments as much as you can, but we cannot guarantee that all the products are shipped together due to their different origins.

The Customer must check all his/her goods at the moment of delivery and reception.

Any shortcoming existing in the goods, namely referring to weight, quality, validity and labelling must be claimed in writing within a period not longer than 8 days after the goods’ reception.

Any shortcoming informed after the mentioned period will not be serviced by Progelcone S.A., excepting products with proven manufacturing defects.

Prejudice regarding defected goods’ delivery, will not be compensated. However, the defected goods will be replaced, subject of complaint, after malfunction verification held by Progelcone S.A. Quality Department.

The pending of any complaints does not suspend the obligation to pay the invoices that still are to be paid.

Returns are accepted within a period of no longer than 8 days, after delivery date, except products with manufacturing defects.

After the goods delivery, the goods can only be returned after Progelcone S.A. consultation and approval.

If the goods are not returned on the delivery act, or returned without any defect, Progelcone S.A. has the right to refuse the returned goods, and all the expenses related to this return can be debited to the customer.

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Cookies serve to help determine the utility, interest and utilizations’ number of their websites, allowing a faster and efficient browsing, removing the need to introduce repeatedly the same informations.

You can set your browser to reject cookies. However, it is possible that some Internet resources or services do not work properly without cookies. Please, search in the menu <> in your browser or contact your supplier’s browser.

Personal Data

Personal data is the information related to a legal person identified or identifiable, directly or indirectly, such as, among others, name, tax identification number, address, or other specific elements of your physical, physiological, genetic, mental, economical, cultural or social identity.

Data controller

In accordance with the law, the User is given the right to access, update and rectify his/her personal data, as well as the right to oppose to its treatment, upon written request directed to Encarregado de Protecção de Dados, Progelcone S.A., Estrada de Polima, 624 - Abóboda - 2785-543 São Domingos de Rana.

Principles of data processing

• LAWFULNESS, PROPORTIONALITY AND TRANSPARENCY

  Progelcone processes personal data with lawfulness, proportionality and transparency.

• Lawful – we process data, only when required by the law, namely when:
• The data holder has given his/her consent for one, or more, specific finalities;
• The process is needed to perform a contract or to pre-contractual procedures;
• The process is needed to the fulfilment of legal obligations, in which the data controller is subjected;
• The process is needed to the defence of vital interests of the holder or other legal person;
• The process is needed by reason of the public’s performance of duties or the public authority’s performance of duties, in which is invested the data controller;
• The process is needed to legitimate interests followed by the data controller or by a third-party, except if rights, liberties and holder’s warranties prevail.
• Proportional – as data is processed according to needed, adequate and pertinent purposes.
• Transparent – as the information that renders the holder will be clear, concise, intelligible and easily accessible.
• PURPOSES LIMITATION

  Progelcone ensures that personal data processing circumscribes to the legitimate purposes that were collected.

• MINIMIZATION AND CORRECTNESS OF THE DATA
  

  Processed personal data is adequate, pertinent and limited to what is strictly necessary to the fulfilment of process’ purposes.

• LIMITATION OF DATA PRESERVATION

  Personal data is kept under the terms of point 8. below.

• INTEGRITY AND CONFIDENTIALITY, AVAILABILITY AND RESILIENCY

  Personal data is processed to guarantee your safety, including protection against non-authorized processing and its loss, destruction and accidental damage. For this purpose, Progelcone takes technical and organizational adequate measures.

• Pre-contractual proceedings, contracts execution or management of contractual relation with the customer;
• Compliance of legal and regulatory requirements, of which Progelcone is subjected to;
• Information transmission about products, goods and services;
• With prior consent of the customer, to products, goods and services promotions, of which Progelcone understands to be of customers’ interest. The data subject can, at any moment, remove his/her consent, without, however, affecting the lawfulness of the previous treatment;
• Progelcone’s possible legitimate interest, pursuant to clause 30 of General Conditions of Account Opening.

• Dependent or Subsidiary companies of Progelcone, for an integrated management of Customers database, and for establishment and maintenance of trade relationships;
• To companies that provide services to Progelcone within a subcontracting relationship.

Acceptance of the Terms of Use
The website User knows that, by using this website, he/she is accepting these Terms of Use.

Alteration of the Terms of Use
Progelcone reserves the right to, at any moment, without previous warning to be needed and whit immediate effect, change, add on, update or delete, partially or completely the current Terms of Use.
You may consult periodically the page of these Terms of Use, to confirm if there were made any updates or changes.

Access to the Website
Progelcone has the exclusive right to, all the time, suspend, partially or completely, the access to the website, specially in management, maintenance, reparation, alteration or modernization operations, and shut down, definitively or temporarily, partially or completely, at any moment, according to its will, the website or any other of its services, without previous warning.

Intellectual Property Rights
The User knows that all the matters of this website are protected by intellectual property rights and is obliged to respect such rights.
Text, image, graphics, sound and animation rights, and all other informations and the way they are represented graphically in the website, including brands, logotypes and symbols, as well as the website structure and layout, are exclusively owned by Progelcone or were properly licensed in favour of Progelcone.
The User is not authorized to transmit, publish, modify, copy, sell or distribute, by any means, the texts, images or other informations contained in this website or part of the website, without previous authorization, by written notice, of Progelcone. The brand and logotype’s usage in this website, as well as the availability of the materials existed on the website, does not concede, nor can be interpreted as conceived, Users’ permission to use, directly or indirectly, such brands, logotypes or materials.

Personal Data
The use of this website does not necessarily imply the provision of personal data. However, in case you wish to request for clarification, suggestions or other website activities, you should indicate us some data, including name, e-mail address and phone number, being treated according to the defined terms of the Privacy Policy, available on this website.

Informations
The available information on Progelcone’s website, wishes to clarify and inform the Users of aspects related to services and activity provided by Progelcone.
Provided informations were subject to thorough analysis. However, such informations have a merely indicative nature, that can have mistakes and imprecisions.

Responsibility
Progelcone may make available links for pages of other entities. These websites do not belong, nor are operated or controlled, to Progelcone, wherefore Progelcone holds no responsibly ,does not approve or, by any means, does not support or subscribe to the content of these websites.

Links
A Progelcone poderá disponibilizar links para páginas de outras entidades. Estes sites não pertencem nem são operados ou controlados pela Progelcone, pelo que a Progelcone não se responsabiliza, aprova ou por qualquer forma apoia ou subscreve o conteúdo desses sites, nem dos sites com ele ligados ou neles referidos. A utilização destes links é da inteira responsabilidade dos Utilizadores.

Validity of the Terms and Conditions of Use
If any part, or disposition, of the existing Terms of Use is not executable, or is in conflict with the current law, the validation of the remaining parts or disposition will not be affected.

Questions
If you have any question about the current Terms of Use, please send us your request for clarification through the link “Contacts” or to our Customer Service, Progelcone S.A., Estrada de Polima, 624 - Abóboda - 2785-543 São Domingos de Rana. You may also do the request through this e-mail: geral@progelcone.com or through the phone number +351 214 481 900

Applicable Law
To the management, administration, utilization and applications of this site’s Terms of Use, the applicable law is Portuguese law.

Competent Jurisdiction
For all the questions and disputes that may arise, inherent to the current Terms of Use, it is exclusively competent the jurisdiction of Cascais District Court, with express waiver of any other.

The Customer, by written notice, must communicate to Progelcone S.A. any unusual occurrences, immediately after their detection.

The customer agrees to inform, by written notice, Progelcone S.A. of any change or modification of his/her address indicated on his/her opening account file, contained on the overleaf of General Conditions, as well as any other alterations that occur on the data mentioned above.

The alteration of the responsible for purchases must be communicated, by written notice, by the Customer to Progelcone S.A.

Progelcone may report the current supply contract, at any time and without justifiable cause, upon declaration, by written notice, directed to the Customer.

Every time that it is not possible to solve by agreement, any legal dispute resulting from interpretation and/or execution of the curretn general conditions, it is exclusively competent the jurisdiction of Cascais District Court, with express waiver of any other.