Please read these conditions carefully before using Bernati™’s services. By using Bernati™ (“Bernati, “we”, “our”, or “us”), you signify your agreement to be bound by these conditions.
Bernati™ as well as our websites and platforms, including www.bernati.com and any other website, mobile application, or other online service that links to this page (collectively, our “Services”) are managed by Reiman Lda (herein “Reiman”, European company, VAT Number PT502107677) headquartered at Rua Manuel Sousa Marques 4475-482 Maia Portugal.
By using or accessing Bernati™ services, you signify your agreement to be bound by these conditions and you confirm that you have read, understood and agreed to all Conditions below.
Intellectual property. Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogues or any other intellectual property rights reserved by Bernati™, or any trademarks or service marks owned by our suppliers. All products and materials contained on our websites are subject to our ownership rights of us and our suppliers. Customer shall have no right to copy or use any of our intellectual property or our suppliers without permission.
Force majeure. We shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labour disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of us in the conduct of our business.
Modification of terms. The acceptance of any order is subject to the customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of our acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of our terms and conditions by customer shall be binding upon us unless agreed to in writing by an authorized representative of Bernati™. If a purchase order or other correspondence submitted by a customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in our acknowledgment, the fulfilment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by the customer, and will not constitute a waiver by us of any of the terms and conditions contained herein or in our acknowledgment.
Complete Agreement. The terms and conditions in (i) Bernati’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogues are incorporated herein by reference and constitute the entire and exclusive agreement between customer and us.
Trademarks, copyright and database rights. All content included and made available through any of our Services, such as text, graphics, logos, button icons, images, videos, audio clips, downloads and data compilations is the property of the organization that owns and manages Bernati™ or its content suppliers and is protected by European and international copyright, authors’ rights and database right laws.
You may not extract and/or use or re-use parts of the content of any of our Services without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any small or substantial parts of the content of any of our Services, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any of our Services (e.g. our prices, product listings, etc) without our express written consent.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Services are trademarks or trade dress of the organization owning or managing Bernati™. Reiman trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Bernati™, Reiman or any of its affiliated brands or companies. All other trademarks not owned by us that appear in any of our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Indemnification. You agree to indemnify and hold Bernati, its owner, parents, subsidiaries, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or which arises from the use of the content you submitted, posted, or otherwise provided to us or this website.
User account. If you use our Services in a way that requires you to have an account you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your mobile devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.
You must not use any of our Services: (i) in any way that causes, or is likely to cause, any of our Services to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service or terminate accounts. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies.
Representations and Limitations of liability. We will do our best to ensure that the availability of our Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet and of business transactions, this cannot be 100% guaranteed. Also, your access to our Services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new features or services.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BERNATI™ OR ITS OWNER AND MANAGER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL BERNATI™ OR ITS OWNER AND MANAGER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BERNATI™, ITS OWNER, MANAGER OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF BERNATI™ OR ITS OWNER AND MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In addition, Bernati™ and its owner are liable for slightly negligent breach of essential obligations. Essential are those obligations the breach of which puts at risk the achievement of the contractual purpose, or the performance of which enables the fulfilment of the contract and is regularly trusted on by you. In this case, however, Beranti™ and its owner are only liable for the foreseeable damage typical of the contract. Bernati™ and its owner are not liable for slight negligent breach of any other obligations than those mentioned in the previous sentences.
The previously mentioned limitations of liability do not apply for damages from injury to life, body, or health, for a defect after a guarantee for the condition of the product or for fraudulently concealed defects. The liability under European laws remains unaffected.
To the extent the liability of Bernati™ and its owner is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives, or vicarious agents of Reiman.
Our contact details
• Other contacts:
Reiman Lda, manager of Betnati trademarks
Rua Manuel Sousa Marques, A1
4475-482 Maia Portugal
Share capital: EUR 150.000
Registered in Portugal
Portugal VAT Number PT502107677
Conditions of Sale
Prices. This website, including its Services as well as the content and products made available in it, is composed for a professional use and for a B2B public, including companies, institutions and other collective organizations. Therefore, prices listed are wholesale, do not include shipping costs, handling fees, taxes and/or customs duties. All prices are subject to correction or change without notice. Market sensitive commodity products or materials will be priced according to market conditions.
Sales tax. All business transactions are subject to the Portuguese VAT tax (23%). If you are a registered company outside Portugal and the goods are to be delivered outside the Portuguese territory, you might be exempt of it. If that is your case, please contact us through bernati@bernaticom.
Payment and credit terms. Bernati™ accepts Visa, MasterCard, American Express and Bank Transfer. For customers with established Reiman credit, purchase orders should not be made through Bernati™ websites or platforms.
Right of acceptance. Bernati™ reserves the right, with or without prior notice, to do any one or more of the following:
• limit the quantity available for purchase per order and/or the number of individual orders that may be placed per customer per day.
• discontinue any product or service.
• impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion.
• bar any user from making or completing any or all transactions; and
• refuse to provide any user with any product or service.
Shipping. Please review our Shipping Page.
Returns and cancelation of orders. For complete information regarding returns, please review our Returns and Cancelation Page.
Warranties. Bernati™ and its owner and/or manager warrants that the products will substantially meet the features of the indicated catalogues and/or technical datasheets. If the product is faulty when the customer receives it, he should contact us within 2 business days after receipt of the order. Such a warranty claim can be made only within 2 business days after receipt of de products by the customer without returning the product before we require. Bernati™ and its owner and/or manager reserve the right to refuse any replacement or refund on the return costs.
Bernati™ and its owner and/or manager will make a professional analysis to the product after receiving photos and confirm whether the customer is entitled to a replacement or refund. Bernati™ and its owner and/or manager reserves the right to refuse the analysis and therefore the replacement and/or refund shall the photographs that we find necessary to evaluate are received after 2 business days after receipt and/or if the quality of the photographs are not sufficiently accurate to allow a proper analysis.
Bernati™ and its owner and/or manager will declare a product to be ineligible for a replacement and/or refund in all cases below:
• The product has been altered or in any way;
• The product is manufactured as specified and follows all the requirements agreed
In respect of the faulty product, transportation costs will be assumed by us. If we do not receive any notice within the provided 2 business days after delivery, we will assume the product meets your specifications and performance requirements.
Product, services, and website information. Product depictions in our catalogues, websites or platforms are for illustrative purposes only. Possession of, or access to any Bernati™ catalogue, literature or websites does not constitute the right to purchase products or Services. Bernati™ reserves the right to revise publishing errors in its catalogues or any of its websites, with or without prior notice.
Despite our great efforts, occasional pricing errors may occur. Bernati™ and its owner and manager reserve the right to cancel all orders resulting from such pricing errors, even if the customer has received an order confirmation from us.
Product substitution. Products (as well as the raw materials used for its fabrication) may be substituted and may not be identical to catalogue or website published descriptions and/or images.
Product and material’s compliance and suitability. Products Data Sheets (“PDS”), Declarations of Conformity, and any certification, whatever they purpose or intended use, are prepared, and supplied by the manufacturer.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Bernati™ or its manager (Reiman) do not guarantee compliance or suitability of the products it sells with any laws, codes, or regulations, nor does accept responsibility for construction, installation and/or use of a product. It is the customer’s responsibility to review the product application and all applicable laws, codes, and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
Bernati™ and its owner and manager assume no responsibility or liability for the selection of products. You maintain sole legal responsibility for the selection of products that fit the requirements of your specifications and application’s performance.
Changes to the Conditions of Sale. We reserve the right to, without notice, modify or update this Conditions of Sale from time to time to reflect the changes in our business and practices, and you should review this page periodically. If you object to any changes, you may close your account. Continuing to use our Services after we publish changes to this Conditions of Sale means that you are consenting to the changes.
These Conditions of Sales were last modified on November 30th, 2020.