MYCOOKOUT TERMS AND CONDITIONS

To use the website correctly, please read the Terms and Conditions carefully. 

By using this website, the user declares to have read, understood and accepted the terms and conditions described, without the need for any further act or consent. The terms and conditions may be changed at any time by mycookout's decision, the changes being considered effective from the date they are posted on the website. 


GENERAL CONDITIONS OF SALE 

These General Terms of Sale are intended to regulate the terms and conditions which will govern the provision of the online shop service specialising in the sale of outdoor products, from barbecues to garden furniture and accessories. 

Mycookout sells its products via online e-commerce. The order of products must be made by users aged 18 (eighteen) or older. The elements and information transmitted by the user at the time of the order will enjoy full legal effect, the user recognizing the electronic purchases made, not being able to claim the lack of signature for breach of obligations assumed. 

Object 

These general conditions are presented in order to define the terms of sale between mycookout and its customers defined below. Any natural or legal person who orders from www. mycookout.com, via email or by telephone, whether they are private customers or not, becomes a customer under these general conditions. 

Field of application 

These General Terms and Conditions of Sale govern the sale of products advertised on the www.mycookout.com website on the day the order is validated. They apply whether the order is placed online, via email or by telephone.

Customer Acceptance 

Once the Customer has validated his or her order, this automatically gives rise to the express acceptance of the present General Terms and Conditions of Sale. These Conditions shall apply to the Customer unless otherwise agreed in writing and signed by both parties. Purchases made by email or telephone also imply acceptance of these Conditions. These Conditions can be read directly on our website. They may also be sent by e-mail or post at the Customer's request. 

Modification of the General Conditions of Sale 

Mycookout reserves the right to change the conditions of use or other regulations published on our website without notice. Therefore you should regularly check the conditions of use since the continued use of the website presupposes the unreserved acceptance of the changes made to them and to be subject to the latest version. The version of the present regulation does not have a precise date, orders are therefore governed by the general conditions in use and therefore in force on the date of the order.


Product characteristics 

- Technical characteristics and dimensions 

Mycookout strives to present in the best way the essential characteristics of the products described by the manufacturers and distributors. All features / pictures / measurements / technical information are reproduced from their websites and datasheets, being also the responsibility of manufacturers and distributors any differences from what is described. These may be changed by them at any time without mycookout having immediate knowledge of this change. A confirmation of the technical data and the essential characteristics of the product is always advised on the respective websites or by contacting the manufacturer / distributor directly. 

Colours and Photos 

The items on this website have colours and are presented in a 3D image or photograph that are as close as possible to the genuine one. But we would like to remind you that in some cases they may not correspond 100% to reality. If you have any questions, please check all the information with our customer support department through the email info@mycookout.com before ordering. The images and logos reproduced are the property of the respective brands / manufacturers and displayed with due authorization. 

Conformity 

The products proposed comply with the European legislation in force and the standards applicable in Portugal, according to the information provided by each manufacturer/importer.

User Manual

Any product purchased at mycookout is sent together with its assembly and use manual. If for any reason the product manual is missing, please get in touch with us. On the other hand, if for any reason the equipment manual has been lost or is somehow missing, please contact us.

Prices

- The sale prices indicated on the website are in Euros, with taxes and duties included in the retail price. 

- If our suppliers' prices change in any way, the prices shown on the website are consequently liable to change at any given time. 

- All prices indicated are correct, except for data entry errors. If an order is placed for a product whose price is incorrect, we reserve the right to cancel the order and immediately refund the amount paid. 

Promotions 

Under the terms of DL 70/2007, promotions cover the commercialisation of products at a lower price, or under more advantageous conditions than those usually practised, with a view to boosting the sale of certain products or the launch of a product not previously commercialised by the economic operator, as well as the development of commercial activity, "not carried out simultaneously with a clearance sale". 

If an item is marked with the "Promotion" symbol in the mycookout online shop, all conditions (including the percentage price reduction, start and end date, previous price, any additional advantages, among others) will always be indicated in the description of the respective product. All promotions are limited to the existing stock. 

Value Added Tax (VAT) 

Application

VAT applies to all sales concluded to citizens resident in the European Union. 

Fees 

All prices include VAT at the respective rates in force, depending on the type of product. 

Order Preparation 

Mycookout is not responsible for shipping errors due to incorrectly filled in forms. The customer undertakes to:

- Provide correct personal details and addresses:

- Provide a telephone contact of the destination country (national), for possible need of contact by the carrier.

- Not to use false identities;

- To respect the imposed order limits.

If any of these data is incorrect, and for this reason there is a delay or impossibility to process the order, or eventual non-delivery, the responsibility lies with the customer and mycookout declines any responsibility when this is the case. 

Order Confirmation 

Order confirmation is sent to the customer by email to the address provided by the customer.

Cancellation or change of order 

The customer can cancel or change an order before it has been sent and invoiced. To change or cancel an order, the same must be done mandatorily and exclusively by e-mail, namely to the address encomendas@mycookout.com. 

Delivery Deadlines 

The usual estimated time of delivery for items in stock at mycookout suppliers is 1 to 2 weeks after receiving payment for mainland Portugal, and 2 to 3 weeks for the islands of Madeira and Azores and European Union countries. However, depending on the unavailability of an article / stock rupture, it is established that the delivery time may vary between 1 to 4 weeks, you should contact our services before placing your order so we can inform you of the estimated delivery date.

During August and December, the delivery time may change due to the vacation period of our suppliers.

Payment 

- Forms of payment 

The customer can pay using the following payment methods:

-Multibanco reference number: by selecting this option you will automatically receive, at the end of the order, the data for "Payment of Services", with entity and reference at any Multibanco ATM or through your homebanking service. Only available for customers of Portuguese banks. For more information please consult the Multibanco website at www. multibanco.pt. Payment service provided by Ifthenpay.

-MB Way: simple payment using "MB Way" on your mobile phone. Only available for customers of Portuguese banks with the MB WAY app installed. For more information, please consult the MB Way website at www.mbway. pt. Payment service provided by Ifthenpay.

- Payshop: simple payment, at the "payshop" agents network, CTT shops or post offices. For more information, please consult the Payshop website at www.payshop.pt. Payment service provided by Ifthenpay.

- Credit Cards VlSA/MasterCard: due to the security system you will be automatically transferred to the Ifthenpay. website (entity for the management of online payments with credit cards). Here you should enter your Visa or MasterCard data. Please confirm your order and the respective amount. All transactions and data security are the sole responsibility of Ifthenpay.

- Lack of payment 

Mycookout reserves the right to refuse delivery or fulfil an order from a customer who has not paid in full or in part for a product ordered. All payments must be made within 48h of placing the order. After this deadline, the order will be cancelled. 

- Reservation of title 

Mycookout owns the products until full payment by the customer. 

Invoice 

The order form made online by the customer does not serve as an invoice. Whatever the type of order the customer will receive the invoice by email. If you wish to have the VAT number on the invoice, please indicate it when you place your order. 

Preparation and transit times

Order preparation times 

Orders placed online are handled on a first-come, first-served basis. The processing time for an order varies depending on the availability of each product. 

Deadlines for transit of goods 

The transit times for the goods are indicated by the carrier. These may be sent to the customer as an indication, in working days, and also depend on the correctness of the address provided by the customer on the date of the order, as well as its availability to receive the order. Failure by the carrier to meet these deadlines shall in no way compromise mycookout's liability. 

Shipping & Returns 

Packaging 

The products to be dispatched are packed and conditioned so that they arrive at the place of delivery in perfect condition, always bearing in mind the complete customer satisfaction. 

Confirmation 

If the customer has placed his order on the website, an automatic email order confirmation will be sent. If the email indicated by the customer is incorrect the order will be processed after confirmation of your payment. 

Overseas Dispatch 

Mycookout ships items outside Portugal (Spain, France, Italy, Germany, Denmark, Luxembourg and Netherlands).

Shipping costs 

The shipping costs are shown when you order online and include VAT.

Redelivery/Warehousing Costs

The shipping charges for products marketed by mycookout described in the previous point (7.4.) assume an attempt to deliver the order by the carrier. It does not include any redelivery / storage fees that may be charged by the carrier due to absence / unwillingness to receive the order or other reasons attributable to the customer. Any fees charged by the carrier to mycookout for reasons attributable to the customer will be charged to the customer and only after successful collection of these additional fees the order will be delivered.

Sending exchanges 

If the customer requests an exchange of a purchased equipment (under the right of retraction) the shipping costs of the new product will be borne by the customer. The shipping costs will be calculated individually, depending on the weight / size of the equipment. 

Delivery

Place of delivery

Mainland Portugal, Portugal, Madeira and Azores Islands and Europe 

In Portugal the delivery of products is made by carrier until the 6th working day after receiving the email confirmation of shipment of the order. In extraordinary situations it may be delivered until the 8th working day following. In European Union countries the delivery day varies depending on the country of destination and distance.

- Orders are delivered to the delivery address indicated by the customer on the order form. In case of insurmountable obstacles for the carrier to make the delivery, such as an inaccessible location for the vehicle needed to make the delivery (narrow passages, historical centres, dead-end streets, construction works or other obstacles), customers should contact mycookout in advance so that the situation can be assessed. Otherwise, the order can only be delivered to another location with viable access, to be agreed with the customer.

- Someone must always be present at the delivery address between 9 a.m. and 6 p.m. on the dates indicated in the order's dispatch confirmation email (mainland Portugal) or provided by the carrier via Tracking Number (available only if requested by the customer and if it is possible to be provided by the carrier company);

- Deliveries are always made at street level, so the customer must provide any labour or means necessary to transport the equipment(s) to the interior of his or her property, dwelling, warehouse, garage, building floor, or other location. Mycookout does not bear any additional costs for special deliveries / means / labour that may be requested by the customer from the carrier or other entities.

- The customer's telephone number is sent in the documents so that the courier can contact you if there is any doubt about the delivery address (or possibly not answering the door). However, it is not guaranteed that the courier will make any prior contact.

8.1.2 Islands of the Azores and Madeira Archipelagos

- Items dispatched to the islands - Azores and Madeira - are sent: by sea freight.

- The delivery date is always dependent on sea transit / departure of ships from the Port of Leixões.

8.2 Absence on the day of delivery / Refusal to accept

- If there is no one on site to receive and it is not possible, by telephone, to somehow expedite the delivery with the courier / carrier, the customer will be charged redelivery / storage costs relating to this order and only after charging the same will be delivered.

- In case the customer refuses or is not available within 48h after the first delivery attempt to receive the order, the initial shipping costs will be deducted from the refund amount. The return of the items can be made later and the customer may receive the product and immediately communicate their intention to mycookout. 

8.3 Loss of orders 

In this case, mycookout is obliged to respect the deadlines imposed by the carrier regarding the declaration of loss and the reimbursement of the shipment. Therefore, the customer must also wait for these deadlines:

- If the customer has declared the loss of the order within the deadline, mycookout will have to open the complaint procedure. In this case, it is possible that mycookout will ask the customer for the necessary documents to open the complaint procedure. 

- Definitive feedback regarding lost order enquiries are given by the carrier within a period varying from 1 to 3 weeks. There may be two types of situations: either the order is recovered and sent back to the customer according to normal procedures, or the order is declared as lost by the carrier and mycookout informs the customer to make a second shipment of the order or will be refunded the invoiced amount, according to the customer's preference.

8.4 Receiving and checking the order

All delivered orders must be subject to a thorough check and visual inspection before the customer signs for receipt of the order. Pay close attention to the external condition of the packaging, as this will always reflect potential product damage. Ignore any requests from the courier to do so quickly (because the courier is in a hurry or for any other reason) and take your time to ensure the integrity of the equipment.

All equipment is packed properly for transportation. Although carriers generally do not allow packages to be opened before signing for receipt, please note that although you cannot open it to check the contents, the customer can touch it and feel if it is securely fastened (if something wobbles it is a bad sign), sounds of parts or glass falling inside, loose parts, among other potential problems. 

If you notice any minimal signs of damage on the outside of the package, however small they may be, you must indicate the anomaly on the proof of delivery, such as: broken glass, open box, creased, punctured, torn, crumpled, loose fixing, with tape that does not look "original", loose or crooked on the pallet, etc. Always indicate anything that you may notice, even if you later check that there is no damage to the equipment, as it is safer for the customer than not indicating anything and finding out later that the product is damaged. In this booking field, the customer should never write "order subject to verification" or any similar statement, since it has no legal value for insurance companies. 

Without any reservation written by the customer on the same document (or PDA) that he or she signs, the order cannot be the subject of a subsequent complaint to mycookout or the carrier. The verification is considered done and the product delivered in good condition once the carrier's waybill is signed without any remarks. If for any reason you cannot receive the order personally, you must make the recipient aware and instruct him/her about all these issues and procedures. 

Procedures to be adopted in case of transport damage 

As described above, if you notice that the product is damaged, you must immediately submit a claim for shipping damage to mycookout. To file a claim with mycookout, the customer must comply with any applicable legal regulations, as well as the indicated procedures. Otherwise mycookout reserves the right to reject the claim:

The Customer must notify mycookout by email, mandatorily to the email address spv@mycookout.com of the damage within 48h from the date/time the product was delivered. Also no claims for damages will be accepted after the products/equipment are installed or used. 

For mycookout to consider a claim for damage the Customer must have the original packaging available at all times for inspection by the carrier;

Mycookout is obliged to respect the deadlines and procedures imposed by the carrier regarding claims for damages and consequent collection of damaged equipment and refunds. Therefore, the customer must also meet these deadlines. 

Non-compliance of order content 

Upon receipt of the order, the customer must immediately check the conformity of the products in type, quality or quantity in comparison with the data of the order placed. The claim of non-compliance must be made by email, necessarily to the email address info@mycookout.com , within 48 hours after delivery of the order. Mycookout will reply with all the procedures to adopt. Since the customer will be able to notice any non-compliance only after fully or partially unpacking the product, it is necessary that the customer repackages the product properly in order to protect it from possible damage during transport. Once this procedure is completed, you should send photos of the product to our email address so that we can ensure that both you and mycookout, should any damage occur in the return transport, have acted appropriately. Claims for content errors not made according to the defined procedures, and within the indicated deadlines, will not be accepted by mycookout




Returns
Procedures and general conditions for returns 

Conditions 

The customer has the right to return the purchase within a maximum of 14 days from the date of delivery of the goods/order or to cancel an order that has not yet been shipped. If the consumer chooses to be refunded, the refund will be made within 14 days of receipt of the product by mycookout. If you wish to make return a product, you must first contact us via email at info@mycookout.com , attaching the purchase invoice, delivery documentation from the carrier, indicating whether you wish to exchange the good or be refunded. 

Condition of packaging

The returned items must be in perfect condition, intact, complete, without any damage and properly packed in the original packaging exactly as received, without any signs of effective use. In the case of large equipment, which comes properly palletized / packed / protected from factory for safety in transport, mycookout will only accept returns if the equipment has not been unpacked / opened. The documentation indicated by mycookout must also be sent together with the equipment.

Internal error 

Mycookout is responsible for the return postage and shipping costs if there is an internal error and the product shipped does not correspond to the order. 

Product defects 

Mycookout is responsible for the return postage and shipping costs if the product presents defects. The exchange will be made for the same item. 

Transportation Damage 

Mycookout takes responsibility for return postage and shipping costs if the order has been damaged during transport. 

Resolution of Contracts for distance purchases 

Portuguese law establishes a 14-day deadline for the consumer to return the item without giving a reason after taking physical possession of the goods. In cases of free resolution of the Contract, the return postage is borne by the consumer, as stipulated in paragraph 2 of Article 13 of Decree Law No. 24/2014 of 14 February. The customer must ensure the integrity of the equipment until it is in mycookout's possession, so any damage during transport on return will be the responsibility of the customer. Orders with visible damage on arrival at mycookout facilities will be refused. 

Receiving returns 

Mycookout will always instruct the customer on the procedures to adopt for returns at their expense. In cases where mycookout is responsible for shipping, if the customer chooses other forms of return, the respective shipping costs will be his or her responsibility. Any package received in our facilities without the sender's identification or sent to collection will not be accepted. Return packages must always be physically delivered to the exact address indicated by mycookout: we will not pick up any products/ packages at courier pickup points or post offices.

Consumer Goods Warranty 

In accordance with Decree-Law 67/2003 of 8 April, as amended by Decree-Law 84/2008 of 21 May, all products are covered by a 3-year warranty from the time of delivery, for final consumers / households, unless expressly stated otherwise in exceptional situations and provided by law. The warranty for products sold by mycookout is offered solely and exclusively by the manufacturers. Mycookout is not responsible for any damage resulting from improper handling, misuse, negligence, wear and tear from normal use, incorrect assembly or installation (other than that indicated in the manual), since these types of incidents are not included in the warranty and will void it. 

- The manufacturers establish a warranty period for their products, which covers all manufacturing and material defects during this period. The warranty is valid for manufacturing defects and is not valid for negligence in the use of the equipment, misuse/handling, as well as the use of non-recommended fuels or the intervention of unauthorised persons. 

General warranty exclusions 

There are circumstances that exclude the application of the Guarantee, leaving the total cost of repair to the customer, namely: 

- Components in direct contact with fire, such as: ceramic tile, deflector or protective sheets, sealing cords, burners, ash drawers, wood chips, smoke vents, ash grates, the wear and tear of which is directly related to the conditions of use. Deterioration of the paintwork, as well as the appearance of corrosion due to its degradation, due to excessive fuel load, use of open drawer, excessive draught from the chimney of the installation, infiltrations, or exposure to the elements; whenever equipment is installed outdoors, it must be protected against all-weather effects, namely rain, night-time dampness and winds.

- Non-compliance with the rules and instructions for installation, use and operation; applications that do not comply with the use for which the product is intended, or in an inappropriate location, as well as the use of inappropriate fuels (such as pallets or wood impregnated with paint or varnish, salt or other components), uncertified pellets, firewood of unauthorised quality with a high moisture content or excessive loads that may contribute to the accelerated degradation of the equipment, especially in the combustion chamber/zone. 

- Products whose operation has been affected by faults or deficiencies in external components or by poor dimensioning, altered, subjected to abnormal climatic factors, unusual operating conditions, overloads, connection to an incorrect voltage, lack of obligatory maintenance or maintenance/cleaning with improper methods or products. 

- Equipment used for another purpose, or in a non-domestic environment, (e.g. professional use) which is not covered by the Guarantee.

- Misuse, improper use of the product.

After-sales assistance 

The repairs of the products within the foreseen warranty period will be dealt directly with the Technical Assistance Services of the respective brands/importer/manufacturer. However, we may be contacted to follow up the request for assistance or technical support with the manufacturer or importer of the equipment. These requests should be made thoroughly by email to the address info@mycookout.com

Mycookout provides its customers, free of charge, with the mediation services required to contact manufacturers and importers, thus activating the warranty to the customer under the terms of the latter. For the warranty of a product the customer must always keep the mycookout invoice as proof of purchase, as well as the instruction manual, which may contain the reference and EAN.

- Equipment Installation, Safety and Handling 

-  Mycookout is not responsible for the incorrect installation of any of the equipment it sells or any damage or loss resulting therefrom. The installation is the sole responsibility of the customer and should always be done by accredited installers, following all the rules in force in law and the instructions of the manufacturers contained in their manuals, in order to ensure quality and above all the total safety of the same. If for any reason the equipment manual has been lost or by mistake the packaging is missing, please contact us.

-  Mycookout is concerned with the safety of its customers and all users of the products it sells. Before installing and/or using any equipment, please read the instruction manual carefully. Always follow all manufacturer's instructions to ensure safety and avoid material damage. 



Intellectual Property 

The online shop www.mycookout.com is a registered website and the service provided by the website itself is the responsibility of mycookout. 

You acknowledge that the Service contains confidential information and is protected by copyright, industrial property rights and other applicable legislation 



The images and logos reproduced are distinctive signs owned by the respective brands/manufacturers and may only be reproduced or displayed in any form with the appropriate authorisation. 

Suspension and deactivation of the Service Shop 

- Regardless of any prior or subsequent notice, mycookout may at any time, in its sole discretion, discontinue providing the Service and or part of the Service to any or all Users.




Consumer Contact Phone Lines 

To comply with the provisions of Decree Law no. 59/2021 of 14 July, mycookout informs the Customer that the cost of calls made to the telephone lines provided, for contact by the Customer, within the scope of the legal consumer relationship, is equal to the value of its basic tariff. 

Privacy and Protection of Personal Data

In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or "GDPR") and other applicable national legislation, we inform you that the processing of personal data, collected through the mycookout website is the responsibility of mycookout.

As the responsible for the treatment of personal data, promotes the protection of confidentiality and privacy of the information entrusted to it, ensuring the protection and appropriate use of personal data concerning customers and potential customers, as well as individuals whose data is collected. 

Mycookout, undertakes to collect and process personal data in accordance with the legal principles concerning the processing of personal data. In this sense, mycookout will treat personal data in a legal, fair and transparent way, collecting the data only for the purposes determined in these Conditions, in an explicit and legitimate manner. Moreover, mycookout ensures that only personal data that are adequate and relevant will be processed, committing itself not to keep or perform data processing that are not necessary for the legitimate purposes arising from its activity and that emanate from these conditions. 

The data collected on this website is intended, solely and exclusively, for the purposes of processing orders and communicating with Customers, processing requests for information and any complaints, statistical analysis, as well as possible use for customer communications. All customers are entitled to access, rectification and/or elimination, cancellation and opposition to the processing of their data. They also have the right to data portability, which consists of the right to receive their personal data in a structured, commonly used and machine-readable format and store it in a private device for subsequent personal use, with the possibility of requesting its transmission to a third party entity. If you wish, at any time, to be removed from the mycookout database, you can exercise this right by getting in touch with us through the email address info@mycookout.com

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