Terms and Conditions

General Information - Read carefully before purchasing
These are the terms and conditions under which we supply products that you have ordered online via our website www.ava-exchange.com 
Purchases made at www.ava-exchange.com are governed by Portuguese regulations pertaining to distance contracts, as these transactions occur outside of commercial premises. 
Please read these terms carefully before submitting your order. These terms tell you who we are, how we will provide products to you, how you and we can change or end the contract, what to do if there is a problem, and other important information. If you believe there is an error in these terms, please contact us to discuss via email at contact@ava-exchange.com
By placing an order on this website, you represent that you are over 18 years of age and are legally qualified to enter into binding contracts and be legally responsible for any transactions agreed to in these terms.
Customers: We only sell products to doctors, beauty clinics, hospitals, and wholesalers. We do not accept orders from individuals. Any purchase made by private customers will be subject to cancellation.
For business clients, this represents the complete and comprehensive agreement between us. For business clients, these terms constitute the complete and exclusive agreement between the parties concerning your purchase. You acknowledge that you have not relied on any statement, promise, representation, warranty, or assurance made by us or on our behalf that is not expressly set forth in these terms. Furthermore, you waive any right to claim for innocent or negligent misrepresentation, or negligent misstatement based on any statements made in this Agreement.
GENERAL CONTRACTING AND SALE CONDITIONS 
Next, the contractual document that will govern the contracting of consumable products and equipment through the website www.ava-exchange.com is exposed, owned by entity Vanguarda Sedosa - Unipessoal Lda, Business Name AVA-EXCHANGE, NIF 517895269, Address - Avenida Engenheiro Duarte Pacheco, n.º 19, R/C S4 N. 19, R/C S4 1070-100 Lisboa Portugal, email contact@ava-exchange.com, hereinafter referred to as "Provider" or "AVA" or "AVA-EXCHANGE". Acceptance of this document implies that the User:
Read and understand what is exposed here.

• You are a person legally capable of entering into contracts and doing business. 
• Complies with the requirements set out in the Conditions of Use in relation to professionals in the healthcare sector.
• Assumes all obligations set forth herein.
• You are aware that these terms may be modified at the discretion of the AVA company or that limitations may be imposed by law.

These conditions will be valid for an indefinite period and will apply to all contracts carried out through the Provider's web domain, https://www.ava-exhange.com. The peculiarities established in each case are in the Conditions section Private.
The Provider reserves the right to unilaterally modify these Conditions without this affecting the goods or services purchased prior to the modification.
1. IDENTIFICATION OF THE PARTIES - INFORMATION ABOUT US AND HOW TO CONTACT US
1.1. Provider. Who are we?
The supplier of consumable products contracted by the User is Vanguarda Sedosa - Unipessoal Lda herein designated by its business name AVA-EXCHANGE, which represents the Website www.ava-exchange.com 
You can contact us via email: contact@ava-exchange.com, which is our main means of communication.
Also mentioned here are Supplier, Seller, AVA, or AVA-EXCHANGE.
1.2. Buyer. Who are you?
The User is the person registered on the Website using an email address and password, for which they have full responsibility for the use and custody, being responsible for the veracity of the personal data provided to the Provider.
Also referred to here as Buyer, User, Customer.
2. OUR CONTRACT WITH YOU
2.1. Acceptance of your order will occur when we send you an email to confirm it, at which point a contract will be established between you and us.
2.2. If for any reason your order cannot be accepted, you will be informed and you will not be charged for the product. There are a number of reasons that may lead to this situation, such as products being out of stock, system failures, the delivery location not being on our coverage list, there are errors in the price or description of the product selected, or even failure to meet established credit requirements. This list of reasons may be extended if we identify or establish other reasons for cancellation.
2.3. After your order is accepted, an order number will be assigned to you and you will be notified. Please remember to keep your order number handy as it will be useful should you need to contact us or have any questions about your order.
3. OBJECT OF THE CONTRACT
3.1. The purpose of this contract is to regulate the contractual relationship for the purchase and sale of products in the healthcare sector created between the Provider and the User at the moment the User accepts, during the online contracting process, the box corresponding to this option. The contractual relationship involves the delivery, in exchange for a certain price, of the selected product of the User's choice.
4. PRODUCTS
4.1. Product images on our Website are for illustrative purposes only. Although we have made every effort to display colors accurately, we cannot guarantee that a device's display of packaging colors accurately reflects the color of the products. Your Product may vary slightly from these images. You should pay special attention to the title and main product descriptions.
4.2. Product packaging may differ from that shown in the images on our Website.
4.3. All products must be administered by a qualified medical professional.
5. PRODUCT AVAILABILITY
5.1. Product availability and delivery date will be demonstrated at the time of purchase. In the event of stock outages, the Customer will be immediately informed of the new delivery time or cancellation of the purchase.
5.2. While we strive to ensure the availability of Products listed in our online store, we cannot guarantee that all Products will be in stock. If we are unable to process or fulfill your order, we will take the following actions: (i) offer you an alternative Product of equivalent quality and price, which you may accept or decline, or (ii) notify you that we are unable to fulfill the order.
5.3. If you decline our offer of an alternative Product or if we are unable to fulfill the order, our liability to you will be limited to situations where full payment for the Product(s) has been received. In such cases, we will refund the payment for the relevant Product(s). These remedies constitute the sole recourse available to you in the event that the Product(s) you ordered are not available.
6. ACCEPTANCE OF SALE CONDITIONS
6.1. The User, at the time of making the purchase, accepts, unconditionally accepts and agrees to comply with their relations with the online store, the general conditions and payment indicated, declaring that they have read and accepted all the instructions given to them in the terms of the aforementioned regulations.
7. USER OBLIGATIONS
7.1. Users must examine TERMS AND CONDITIONS on this Website before confirming their purchases. Sending the order confirmation implies full knowledge of these General Conditions of Sale and their full acceptance. The User undertakes to print and keep these general conditions of sale, already read and accepted during the purchase process, to fully comply with Portuguese Law.
7.2. The User will be solely responsible for damages arising from improper use, storage, conservation, or handling of the Products, especially when they have not observed the indications, warnings, or instructions provided by the Provider.
8. HOW TO PLACE AN ORDER
8.1. The User can purchase consumable products online through the Website www.ava-exchange.com after registration. 
8.2. The Provider reserves the right to confirm that the User meets all the necessary requirements to purchase the products or services offered.
8.3. Purchase Procedure. To be able to purchase the products offered on the Website, the User must enter their identification data or, if they are already a registered customer, just their username and password. After creating the user account, the procedure will follow the following steps:
Connect to the Client Access area.
Add the desired Product to the cart by filling out the order form and validating it.
Choose the payment method and confirm the purchase.
Receive an email with order confirmation.
9. CUSTOMER INFORMATION
9.1. It is the Customer's responsibility to ensure that all information required to complete the order and delivery, including but not limited to the VAT number (if applicable) provided by the Customer, is correct.
9.2. If the Customer adjusts or changes the information provided to us, we reserve the right to verify this new information and will re-evaluate the Customer's account details within 72 hours for approval.
9.3. More information about the processing of customer data is set out in our Privacy Policy.
10. ORDER DELIVERY AND SHIPPING COSTS
10.1. Delivery will be considered made when the products are delivered to the User, and the User has accepted the delivery receipt document. Delivery times are approximate and a delay will does not include a possible claim for damages and losses. The Provider may make partial deliveries of the requested orders.
10.2. Shipping costs. Shipping costs will be displayed on our website and confirmed during the order process. Delivery costs will depend on the delivery service you select during the order process.
10.3. International Shipping Costs or Outside the Jurisdiction of European Legislation. We may, at our discretion, send or not send products to countries outside of Portugal and the European Union. However, some products are subject to restrictions in specific international locations, so we recommend checking in advance whether these restrictions apply to your delivery destination before placing your order. When ordering products from our website for delivery outside the European Union, your order may be subject to import duties and taxes, as well as local laws and regulations applicable when the products arrive at their destination.
10.4. Please note that we have no control over these charges and cannot predict their amount. The Customer is responsible for paying any import duties and taxes. We recommend contacting your local customs office as well as Health Regulatory Agency which regulates medical devices in your country for more information before placing your order. If the products do not reach their destination due to import or customs issues, we will not be responsible for any refund. The Customer must comply with all applicable laws and regulations of the destination country, and we will not be responsible for violating these laws.
10.5. Products damaged in transit. Ava Exchange assumes the risk of shipping the Products to the Customer. Any claims for loss, shortage, breakage, leakage, or other damage occurring during transportation must be notified to Ava Exchange contact@ava-exchange.com immediately and by three days after the Customer has or should have obtained knowledge thereof. Complaints received after this deadline will not be accepted.
10.6. The notification must be accompanied by relevant photos of the loss, shortage, breakage, or damage and the carrier's report. Claims submitted by the Customer must have adequate documentation to be accepted.
10.7. Customer will cooperate fully and fairly with Ava Exchange in its efforts to establish a claim against the carrier.
10.8. The customer's sole and exclusive remedy in the event of shipping damage is a request for a replacement or refund of the purchase price at Ava Exchange's discretion. The customer disclaims all other remedies (including but not limited to indirect and consequential damages, etc.) in the event of damage during transportation.
11. PRICE AND PAYMENT
11.1. Where to Find Product Prices. All sales prices of the Products indicated on the Website are expressed in Euros. The price of the products will be displayed on the order pages at the time you place your order. We strive to ensure that these prices are correct. Nonetheless, if we discover an error in the pricing after you’ve placed your order, please refer to Clause 11.3 for information on how this will be handled.
11.2. VAT Rate Reviews and Changes. If the VAT rate changes between the date of your order and the date we deliver the products, we will adjust the VAT amount you owe, unless you have already paid in full before the new rate takes effect.
11.3. Handling Pricing Errors. In the event of an error in pricing, despite our diligent efforts to ensure accuracy, discrepancies may occur. We will typically verify the prices prior to processing your order. Should the accurate price of the product on the date of your order be lower than the price stated at the time of your order, we will charge you the lower amount. Conversely, if the correct price on the order date is higher than the listed price, we will reach out to you for further instructions before finalizing your order.
11.4. When and How you Must Pay. Payment for products is required at the time of order placement on our website and must be completed prior to shipment. We accept the payment methods listed on our Website. Upon acceptance of your order, the charge will be processed to your credit or debit card, or through any other payment method that is made available by us and that you have chosen.
11.5. Our Right to Compensation for Corporate Clients. As a corporate client, you must remit all amounts due to us in full accordance with these terms, without any form of offset, counterclaim, deduction, or withholding, except for any tax-related deductions or withholdings mandated by applicable law.
12. VOUCHER CODES, OFFERS AND DISCOUNTS
12.1. If we provide you with a voucher code, it will be valid for a maximum of 6 months from the date of issue. Upon expiration of these 6 months, all voucher codes will not be redeemable.
12.2. We reserve the right to change or withdraw any of our promotional codes, offers, voucher codes, and discounts at any time, at our discretion.
12.3. If we consider or suspect that you have used any of our voucher codes incorrectly or in circumstances where they should not have been used, we reserve the right to cancel your order without notice or liability.
13. FEES AND OTHER PAYMENTS
13.1 The Customer is solely responsible for the collection, transfer, and payment of any taxes, expenses, charges, duties, fees, and other costs (the “Charges”) levied in connection with the purchase, sale, export, import, and other actions with o Products or, generally, any Charges arising from or incidental to the carrying on of your own business, whether or not such Charges relate to the Products.
13.2 Ava Exchange is not responsible for Charges imposed by the tax and customs authorities of the recipient country or otherwise caused by sending the ordered Product to the recipient country; the Customer is, therefore, responsible for paying the same.
13.3 Ava Exchange is not responsible for any delays due to the seizure of Products by tax and customs authorities.
14. RIGHT TO WITHDRAWAL
14.1. Under the provisions of Decree -Law No. 24/2014, of 14 February, the User has the right to terminate the contract, without the need for justification, within 14 days counting from the day on which the User or a third party indicated by them, other than the carrier, acquires physical possession of the goods.
14.2. To exercise the right of withdrawal, the User must notify the Provider of their decision to terminate the contract by means of an unequivocal statement sent by letter, post, fax, or electronic mail.
14.3. In case of withdrawal, all payments made, including delivery costs (except for additional costs resulting from choosing a delivery method other than the least expensive standard delivery method offered by the Provider), will be refunded, without undue delay and, in any case, no later than 14 days from the date on which the Provider is informed of the decision to terminate the contract.
14.4. Refunds will be made using the same payment method used in the initial transaction unless expressly agreed otherwise. The User does not incur any costs as a result of the refund.
14.5. The Provider may withhold the refund until it has received the returned goods or until the User provides proof of dispatch of the goods, whichever occurs first.
14.6. Exclusions to the Right of Withdrawal and Return. The right of return does not apply to products that:
(a) have become inseparably mixed with other items after delivery;
(b) has been opened, used or damaged (including damage incurred in return shipping), unless the product is faulty and accepted by us as such;
(c) are perishable or cold-chain product, that cannot be returned for safety and hygiene reasons.
15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
15.1. Ava Exchange serves as an online retailer/wholesaler. Except as specified in these Terms and Conditions, we do not assume any responsibility for compliance with legislation applicable to Customers or the Products in jurisdictions where Customers are established or conduct business.
15.2. By accepting these Terms and Conditions, the Customer proactively assumes responsibility for complying with and strictly following applicable international and local legislation for all handling of the Products.
15.3. The Customer warrants that it will obtain and maintain all authorizations, licenses, and authorizations and will make all necessary notifications to the competent authorities essential for the import, marketing, and distribution of the Products, including for the review and approval of all packages, labels, and products of products.
15.4. The Customer warrants that it will be responsible for all post-market obligations (if any), including market surveillance activities such as notifying of material changes to product specifications and quality systems, notifying of adverse events, handling complaints, notifying the Customer, and remembering.
15.5. Customer warrants that any handling obligations or sales restrictions associated with the Products (in accordance with, for example, these Terms and Conditions, the product packaging or applicable laws and regulations) in connection with the resale or further import of the Products will be complied with, and that Customer will impose such restrictions on any subsequent customer of the Products.
16. PROVIDER’S RESPONSIBILITY
16.1. Customer acknowledges that Provider does not manufacture the products. If the manufacturer of the products has given us a warranty, we will use all reasonable efforts to pass on to you the benefit of such warranty.
16.2. The Provider is not responsible for force majeure problems of any nature and type if it is unable to carry out the supply at the times agreed and provided for in this contract. The causes of force majeure as an example and not exhaustive, are the operations of the Public Power, the strike of our employees, employees of other companies or employees of carriers that AVA-EXCHANGE uses, as well as any other circumstance that is beyond the control or independent of the latter.
16.3. The Provider excludes all liability for damage and loss caused by defects in the Products, except where expressly required by applicable law. In any case, the Provider's liability will be limited to an amount equivalent to the value corresponding to the order of the product causing the damage.
17. LIABILITY FOR LOSSES OR DAMAGES SUFFERED BY COMPANIES
17.1 Nothing in these terms will limit or exclude our liability for:
17.1.1 Death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable);
17.1.2 Fraud or fraudulent misrepresentation;
17.1.3 Violation of the terms implied in the corresponding articles of Portuguese legislation applicable to product sales;
17.1.4 Defective products under Decree-Law no. 383/89, of November 6 (Liability for Defective Product); or
17.1.5 Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2. Our liability will be determined in accordance with applicable Portuguese legislation, with the limitations and exclusions set out in these Terms and Conditions.
17.3. We will not be liable to the Customer for damages for any indirect losses or claims, including, but not limited to, claims for non-product damage, loss of profit, loss of production, loss of goodwill, operational loss, or any other form of indirect loss.
17.4. Our total aggregate liability for all claims, including damages and refund of the purchase price, is limited to an amount equal to the purchase price paid for the Products to which the claims relate. This limitation applies regardless of the basis of liability. It will include, to the extent possible, claims based on acts of negligence (whether ordinary or gross negligence), strict liability, product liability, etc.
17.5. Any claims, including claims for infringement, repair of defects, and delays, will be barred and obsolete two years after delivery of the Products, in accordance with Portuguese Decree-Law No. 67/2003, of April 8.
18. THIRD PARTY RIGHTS
18.1. The parties agree that we assume no liability for the Products' possible infringement of third-party intellectual property rights.
18.2. If the Customer receives notice or is otherwise informed of any claim, proceeding, or demand on account of any alleged infringement of third-party intellectual property rights relating to the Products, the Customer must immediately notify us thereof.
19. PRODUCT LIABILITY
19.1. We will not be held responsible for any personal harm or damage to other products resulting by our Products, unless such liability cannot be excluded under mandatory applicable laws, such as Portuguese Decree-Law No. 383/89.
19.2. Under no circumstances shall we be held responsible for any material damage incurred by the Products after delivery or while in the Customer's possession, including, but not limited to, damage to goods produced by the Customer or to items incorporating the Customer's products.
19.3. Except for claims related to personal injury, our liability shall be limited to the purchase price of the Products that give rise to the claim. 
19.4. If we are held liable to third parties for which the Customer bears legal responsibility, the Customer shall indemnify us to the extent of our liability limitations as defined in Clause 19. This indemnification obligation includes, but is not limited to, cases where we are held responsible to third parties even if no fault or negligence on our part is established or where such fault or negligence is established but the damages payable by us to the third party exceed the specified limit.
19.5. We reserve the right to file a claim against the Customer in the same jurisdiction where a third party has made a claim against us regarding a dispute over product liability related to the Products.
20. NOTIFICATION AND COLLECTION OF ADVERSE EVENTS AND RECALL
20.1. The Customer must, within five days from the moment information about an adverse event became or should have become known to the Customer, provide any available information about it. In this regard, an adverse event means (i) any breakdown, failure, defect, or deterioration in the characteristics and/or performance of a Product, as well as any inadequacy in labeling or instructions for use that, directly or indirectly, may cause damage.
20.2. If Customer becomes aware of any other information relating to the Products, including a possible infringement of intellectual property rights, that Customer believes is reasonably essential to Ava Exchange, Customer must immediately notify Ava Exchange.
20.3. Ava Exchange will notify Customer immediately if Ava Exchanges becomes aware of a product recall and will provide instructions on how to assist with returning all affected products. per collection. base, and the Customer shall comply with such measures unless such instructions violate laws and regulations applicable to the Customer. Without further instructions, Customer shall provide Ava Exchange with any available documentation regarding seizure notices from public agencies and recall notices sent to Customer's subsequent customers. The Customer bears its own costs related to the recall of Products. Customer provides all reasonable assistance requested by Ava Exchange in conducting a recall.
21. RETURNS
21.1. Please refer to our returns policy. 
22. APPLICABLE WARRANTIES
22.1. Products sold on the Website benefit from the legal guarantee of conformity and the guarantee against hidden defects in accordance with current legislation. To make use of the guarantee, the User must keep the purchase invoice.
22.2. In the case of defective products, the Provider will, as appropriate, repair, replace, reduce the price or terminate the contract, which will be free of charge for the User. The Provider is responsible for any lack of conformity that appears within two years of delivery, and the User must inform the Provider of the lack of conformity within two months of the date on which it was detected.
23. OTHER IMPORTANT TERMS
23.1. We may transfer this Agreement to another person. We may transfer our rights and obligations under these terms to another organization. We will always inform you if this happens and ensure that the transfer will not affect your rights under the contract.
23.2. You need our consent to transfer your rights to someone else (except you can always transfer our guarantee). You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
23.3. No one else has any rights under this contract (except someone to whom you convey your warranty). This contract is between you and us. No other person shall have any right to enforce any of its terms.
23.4. If a court finds part of this agreement illegal, the remainder will remain in effect. Each provision of these terms operates separately. If any court or competent authority decides that they are illegal, the remaining clauses will remain in full force and effect.
23.5. Even if we delay in executing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking action against you for breaking this contract, that will not mean that you do not have to do those things and you will not stop us to take action against you later.
24. APPLICABLE LAW AND JURISDICTION FOR CONSUMERS
24.1. These terms are governed by Portuguese legislation, under the Portuguese Civil Code and Decree-Law no. 67/2003, of April 8, which establishes consumer rights in matters of sale of consumer goods and guarantees, as well as Decree-Law No. 24/2014, of 14 February which regulates contracts concluded remotely and outside the commercial establishment. To resolve all disputes arising from the interpretation or execution of these General Conditions, the court of the district of Lisbon will be competent, expressly waiving any other.
24.2. Alternative Dispute Resolution for Consumers
Alternative dispute resolution is a process in which an independent body considers the facts of a dispute and seeks to resolve it without going to court. If you are a consumer and are not satisfied with the way we handle any complaint, you can contact the alternative dispute resolution provider in Portugal, as regulated by Law no. 144/2015, of 8 September.
Furthermore, disputes can be submitted for online resolution through the European Commission's online dispute resolution platform, available on the Online Dispute Resolution Portal, which allows alternative dispute resolution without going to court.
24.3. Applicable Laws and Jurisdiction for Companies
If you are a company, any dispute or claim arising from or related to a contract between us, including non-contractual disputes or claims, will be governed and interpreted in accordance with Portuguese law. Portuguese courts will have exclusive jurisdiction to resolve any dispute or claim, as stipulated by the Portuguese Civil Code and the Civil Procedure Code.
25. CONTACT INFORMATION
For any questions, concerns or complaints related to your order or these general conditions, you can contact AVA-EXCHANGE via email at contact@ava-exchange.com
Last updated Nov 20, 2024.