Welcome to the Websites / Online Stores of Costura Ponto Lda.

The websites Costura.pt and Epshop.eu both belong to the company Costura Ponto Lda., headquartered at Rua Industrial nº 1653, 4750-841 Vila Frescainha São Pedro, Portugal, with corporate registration number 509149928, hereinafter referred to as Costura Ponto Lda.

By using both Websites, the User fully accepts these Terms and Conditions and becomes legally bound by them, and therefore should read them carefully.

Access to and use of the Costura Ponto Lda. Websites depends exclusively on the express acceptance of these Terms and Conditions, as well as the Privacy Policy.

Version: 1.0

Effective Date: 14/08/2025

1. Seller Identification

Costura Ponto, Lda., corporate entity no. 509 149 928, headquartered at Rua Industrial, nº 1653, 4750-841 Vila Frescainha S. Pedro, Barcelos, Portugal, hereinafter referred to as “Costura Ponto”, owner of the websites costura.pt and epshop.eu.

Contacts: geral@costura.pt | Tel.: +351 253 891 461

2. Purpose and Scope

2.1. These Terms and Conditions of Sale (hereinafter “Conditions”) govern the sale of equipment, parts and accessories for the textile industry carried out by Costura Ponto to professional clients / companies (hereinafter “Client”), in Portugal and abroad, through the online store, orders by e-mail / telephone, or in person.

2.2. These Conditions prevail over any general conditions of the Client unless expressly accepted in writing by Costura Ponto.

2.3. Private consumer sales (B2C) are not the normal scope of activity; when they occur, consumer protection legislation shall apply with the necessary adaptations.

3. Definitions

Product(s): equipment, parts, accessories, consumables and embedded software/firmware.

Order: proposal by the Client to purchase Products.

Order Confirmation: written acceptance by Costura Ponto (e-mail/ERP), which forms the contract.

Consumables / wear parts: elements with limited lifespan (e.g. needles, presser feet, belts, blades, oils, sprays, markers, pens, scissors, bobbins, loopers, hooks, etc.).

4. Catalogue, Offers and Validity

4.1. Catalogues, price lists, brochures and website content are informative and may be changed at any time.

4.2. Quotations/commercial proposals are valid for 15 days, unless otherwise stated.

4.3. Costura Ponto may at any time correct typographical, price or description errors, for example due to supplier price updates or other reasons.

5. Order and Contract Formation

5.1. A Client’s Order is not binding for Costura Ponto until issuance of an Order Confirmation / Invoice / Receipt Invoice.

5.2. Costura Ponto may refuse Orders, namely due to unavailability, pricing/description errors, incomplete billing or delivery details, missing VAT number, suspected fraud, previous default or non-payment.

5.3. Changes or cancellations by the Client after Order Confirmation require acceptance by Costura Ponto and may imply costs.

6. Prices, Taxes and Expenses

6.1. Unless otherwise stated, prices are in euros and do not include transport, installation, training, insurance or fees.

6.2. VAT will be applied at the legal rate in force. When applicable, the Client must prove exemptions, intra-community regimes or export status.

6.3. Special packaging, palletizing, waste collection or other client requirements will be charged.

6.4. In international sales, unless agreed otherwise in writing, INCOTERMS® 2020: EXW – Barcelos applies.

7. Payment Terms

7.1. Unless otherwise agreed, payment must be made in advance or upon delivery (this option only applies to items in stock).

7.2. Credit conditions require prior approval.

7.3. Late payment entitles Costura Ponto to default interest at the legal rate applicable to commercial transactions (published by the Bank of Portugal) and to compensation for recovery costs as provided by law.

7.4. Costura Ponto may withhold future deliveries and/or terminate the contract in case of default.

8. Retention of Title

8.1. Ownership of the Products remains with Costura Ponto until full payment of price, expenses and interest, in accordance with Article 409 of the Portuguese Civil Code.

8.2. Until ownership is transferred, the Client must not sell, pledge or encumber the Products, and must preserve them while bearing the risk of loss or deterioration.

9. Delivery, Deadlines and Risk

9.1. Delivery times are estimated and may vary due to external causes (force majeure, carriers, customs).

9.2. Risk transfers to the Client according to the agreed INCOTERM; if none is specified, upon delivery to the carrier.

9.3. Failed deliveries due to Client-related reasons will incur re-delivery costs.

9.4. The Client must verify quantities and condition upon receipt and note reservations on the carrier’s delivery document when applicable.

10. Installation, Commissioning and Training (when applicable)

10.1. Unless agreed otherwise, prices do not include installation, commissioning or training.

10.2. If contracted, the Client must guarantee access, electricity, network, compressed air, safety conditions and all required technical conditions.

10.3. Additional hours, travel and consumable materials will be charged according to the current price table.

11. Acceptance and Complaints

11.1. Apparent non-conformities must be reported in writing at the time of receipt or within 5 working days.

11.2. Hidden defects must be reported within 8 working days after discovery, within the warranty period.

11.3. Failure to report in due time constitutes acceptance of the Products.

11.4. Costura Ponto may inspect on site, request return/RMA or propose a reasonable technical solution.

12. Commercial Warranty (B2B)

12.1. Unless otherwise agreed in writing, Costura Ponto grants:

• New equipment: 12 months from delivery
• Repairs/services: 15 days from intervention

12.2. The warranty covers manufacturing defects or non-conformity and is limited, at Costura Ponto’s discretion, to repair, replacement or credit of the defective Product’s price.

12.3. Exclusions include: normal wear; consumables; improper installation/use outside specifications; lack of maintenance; unauthorized modifications; external causes (fall, humidity, dust, corrosion, electrical surges); third-party software; integration with non-approved equipment.

12.4. The Client must follow the RMA procedure (No. 13).

12.5. Uninstallation, transport and reinstallation costs are borne by the Client unless agreed otherwise.

12.6. Replaced parts become property of Costura Ponto.

13. Returns and RMA Procedure

13.1. Returns require prior authorization and an RMA number.

13.2. The Client must send the Product properly packaged, including a description of the fault, a copy of the invoice/delivery note, the equipment serial number and the RMA number clearly visible on the outside.

13.3. Products without defects, with transport damage not reported in due time, incomplete, with broken seals or signs of misuse may be refused or subject to inspection/restocking fees.

13.4. In B2B sales, there is no right of withdrawal unless contractually agreed.

13.5. For exceptional requests for credit notes for the Client’s convenience, an administrative fee and deductions for repackaging/condition may apply.

14. Software, Firmware and Intellectual Property

14.1. Embedded software/firmware is licensed, not sold, for exclusive use with the Product, and may not be reverse engineered, copied or sublicensed.

14.2. Trademarks, logos, catalogues, drawings and manuals are protected; no license is granted beyond what is strictly necessary for the use of the Products.

15. Liability

15.1. The total liability of Costura Ponto, whether contractual, tort or otherwise, is limited to the price paid for the Product that caused the damage.

15.2. Under no circumstances shall Costura Ponto be liable for loss of profits, downtime, loss of data, loss of production, indirect or consequential damages.

15.3. Nothing in these Conditions excludes liability for intentional misconduct or matters that the law prohibits from being excluded.

16. Compliance, Export and Sanctions

16.1. The Client declares that the Products will not be used for unlawful purposes, including the manufacture of prohibited goods.

16.2. The Client is responsible for export/import licenses, customs declarations and compliance with applicable export controls and sanctions.

17. Personal Data

17.1. The processing of personal data follows the GDPR and Costura Ponto’s Privacy Policy.

17.2. The Client undertakes to comply with data protection legislation when transmitting personal data to Costura Ponto (e.g., employee contacts).

18. Force Majeure

18.1. Neither party shall be liable for failures caused by events beyond reasonable control (e.g., strikes, labor conflicts, epidemics, natural disasters, supplier failures, shortages of raw materials, power/network outages, government actions, war, terrorism).

18.2. Affected deadlines will be suspended while the event lasts; if it exceeds 90 days, either party may terminate the contract regarding affected deliveries without compensation.

19. Communications

19.1. Contractual communications must be made in writing to the contacts indicated in the Order/Confirmation.

19.2. Any change of contact details must be communicated 5 working days in advance.

20. Assignment and Subcontracting

20.1. The Client may not assign contractual positions without written consent.

20.2. Costura Ponto may subcontract third parties to perform obligations, remaining responsible to the Client.

21. Amendments to the Conditions

21.1. Costura Ponto may amend these Conditions; the applicable version is the one published at the time of the Order or accepted by both parties.

21.2. Later versions do not apply retroactively unless agreed.

22. Partial Invalidity

If any clause is invalid or unenforceable, this does not affect the validity of the remaining clauses; the provision shall be replaced with one that produces equivalent legal effect within legal limits.

23. Applicable Law and Jurisdiction

23.1. Portuguese law shall apply.

23.2. For dispute resolution, the Judicial Court of the District of Braga – Barcelos Court Division shall have jurisdiction, with waiver of any other (unless mandatory jurisdiction applies).

23.3. Without prejudice, the parties may agree to mediation or institutional arbitration.

Annexes

Annex I – Technical Specifications and Particular Conditions of the Offer

Identification of the Proposal

• Proposal number: 1/2025
• Proposal date: 14/08/2025
• Proposal validity: 1 year with automatic annual renewal

Technical Description of Products

For each product included in the offer, the following must be specified:

• Internal reference and/or manufacturer code
• Commercial designation and detailed technical description
• Brand, model and year of manufacture (if applicable)
• Operational characteristics (capacity, speed, power, energy consumption, etc.)
• Dimensions and weight
• Applicable standards and certifications (e.g., CE, ISO, Oeko-Tex)

Specific Supply Conditions

• Quantities and units of measure
• Estimated delivery times
• Delivery location and logistics conditions (applicable INCOTERM)
• Inclusion or exclusion of reinforced packaging, insurance and export documentation
• Need for assembly/installation and respective technical requirements

Complementary Services

• Initial technical training (hours, location and language)
• Preventive and corrective maintenance contracts
• Availability and supply lead time of spare parts
• Remote and on-site technical support (hours and response times)

Warranty and Assistance

• Duration and specific warranty conditions for each product
• Included and excluded services
• Procedures for activating the warranty

Particular Commercial Conditions

• Unit and total price (excluding and including VAT)
• Commercial discounts and specific payment terms
• Possible advance payments and percentages linked to production/delivery milestones
• Penalties for non-compliance agreed between the parties

Observations and Additional Clauses

• Limitations or conditions of use imposed by the manufacturer or Costura Ponto
• Special authorizations, licenses or additional compliance requirements
• Any condition not foreseen in the general Terms and Conditions but agreed in writing

Note: This Annex forms part of and complements the sales contract concluded between Costura Ponto, Lda. and the Client, prevailing over the general provisions only in the matters expressly regulated herein.