TERMS AND CONDITIONS OF USE WWW.CREATIVELISBON.ORG
This document (together with the documents mentioned) establishes the conditions that determine the use of this website (www.creativelisbon.org) and the purchase of products therein (hereinafter “Conditions”).
These conditions can be changed, it is your responsibility to read them periodically, since the conditions in force at the time of using the website or signing the contract (as defined below) are those that will apply. If you have any questions regarding the conditions or privacy policies, you can contact us using our contact form.
2. OUR DATA
This web page is run under the name Creative Lisbon by Machado & Valverde Lda, headquartered at Rua da Eira, number 6, 3º Dto , 1495-231 Algés, registered at the Conservatória do Commercial Registry of Lisbon, under the number 514541911, which is also the number of identification of a legal person, the contact is e-mail firstname.lastname@example.org
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
4. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid inquiries or orders.
4.2. Do not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.
5. SERVICE AVAILABILITY
The articles presented on this website are available for delivery worldwide, through the CTT Correios registered service.
6. ENTERING INTO THE CONTRACT
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”, before reading and accepting these Purchase Conditions. By doing so, you are entering into a purchase and sale agreement with us (the “Agreement”). You will then receive an email acknowledging receipt of your order (the “Order Confirmation”), with the details of your order. You will also receive an email, in which we will confirm that the order has been shipped (the “Delivery Confirmation”), with the shipping details that will allow you to track the shipment.
7. AVAILABILITY OF PRODUCTS
All product orders will be subject to availability. In this sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will inform you immediately of the unavailability, and we will refund any amount paid by you within 30 days.
Without prejudice to the provisions of Clause 7 above, regarding the availability of the products, and unless extraordinary circumstances occur, we will attempt to send the order relating to the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if not no delivery date has been specified, within 30 days of the Order Confirmation date.
However, delays may occur for any of the following reasons:
- product customization;
- specialized articles;
- unforeseen circumstances;
- or problems in the delivery zone.
Regarding the virtual gift card, we deliver on the date indicated by you in the act of placing the order.
If we are unable to meet the delivery date for reasons beyond our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, establish a new delivery date, or cancel the order with a full refund of the amount paid, without prejudice to all other rights you may have under the applicable legislation. In either case, we do not deliver on Saturdays or Sundays, except for the virtual gift card, which will be delivered on the date indicated by you.
According to these conditions, the “delivery” must have been carried out or the order “delivered” when the customer or a third party indicated by him is physically in possession of the products, which will be evidenced by the signature of the receipt at the indicated delivery address.
9. IMPOSSIBILITY OF DELIVERY
10. PICKUP AT OUR FACILITIES
If the customer has chosen the option of PICKUP at our facilities, you may receive a notification informing you that your order is available. The order can be collected in person (by presenting the order number and a document proving your identity) or you can appoint another person to collect your order. In that case, the nominated person will have to present the application number and a document proving his identity. The terms of this Clause 10 (together with the other terms) will apply to the customer if he makes a purchase through the “pickup” service, and is also subject to any other applicable rules.
11. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risk of the products will be borne by the customer from the moment of delivery. The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including shipping costs, or at the time of delivery (as defined in Clause 8 above), whichever is later.
12. PRICE AND PAYMENT
The price of each product will be that stipulated, at all times, on our website, except in the case of an obvious error. While we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products that the customer has ordered, we will inform you as soon as possible and give you the option to re-confirm the order at the correct price or to cancel it. If we are unable to contact the customer, the order will be canceled and the amount paid will be refunded in full.
We will not be obligated to supply you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the price error is obvious and unambiguous and could reasonably have been recognized by the customer as being an incorrect price.
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount owed, as explained in our Delivery Conditions and Shipping Costs.
Prices can be changed at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation. Once your purchases have been made, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and pay. To do so, you must follow the steps of the purchase process, filling in or verifying the information requested at each step. In addition, during the purchase process, before payment, the customer can change the details of their order. The user has a detailed description of the purchase process in the Purchasing Guide. If you are an already registered user, a record of all requests made by the user will be available in the “My Account” area. You can pay with Visa, Mastercard, American Express, Affinity Card and PayPal. You can also pay all or part of the price of your purchases with a gift card.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorise your card to ensure there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses. If your payment method is Paypal, the debit will be made when we confirm the order. By clicking on «Checkout», the customer confirms that the credit card is theirs or that they are the legitimate owner of the gift card or payment card.
Credit cards are subject to verification and authorization by the issuing entities, but if they do not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with the customer.
13. BUY AS A GUEST
This web page also allows for purchase through the guest purchase functionality. In this type of purchase, only the essential data to be able to place your order are requested. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as a non-registered user.
14. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
15. EXCHANGE POLICY
15.1 Right of free termination of the contract.
According to the applicable rules, if you are contracting as a consumer, the customer has the legally established right to terminate the contract, up to 14 days after its conclusion, without giving any reason. The free resolution period will expire after 14 days from the day on which the customer (or a third party – other than the carrier – indicated by you) physically purchases several items in a separately delivered order, 14 days from the day on which the customer (or this third party nominated by you) has physically purchased the last product.
To exercise the free right to terminate the contract, the customer can contact us via the email email@example.com or through our contact form, of his decision to terminate this contract by an unequivocal statement.
In order to respect the period of free termination of the contract, simply send your communication regarding your exercise of the right of withdrawal before the period of termination of the contract expires. Effects of contract termination If the customer terminates the Contract, we will refund the amount paid for the products, and any other payments received in connection with the contract (with the exception of return costs if applicable, provided that it does not exceed 14 days from the day you informed us of your decision to terminate this contract. We will issue the refund using the same payment method that the customer used for the original transaction. In any case, the customer will not pay any fees arising from said refund. Despite the above, we can withhold the refund until we receive the goods back, or until the customer demonstrates evidence that they have returned them.
The customer can send the items for return with the printout of the E-ticket sent for this purpose or deliver them to our warehouses in Queijas, in which case they can show the e-ticket in digital format on their mobile device or deliver the printout of the e-ticket. -ticket, without undue delay, not exceeding the period of 14 days from the date on which the customer informed us of the termination of the contract. The deadline is met if the customer returns the products before the 14-day period has expired.
Unless the customer delivers the products to our warehouses, the customer must bear the return costs. We will charge a fixed amount (the amount we refer to in the “Delivery conditions and shipping costs” section) that will be deducted from the amount to be returned to the customer.Please note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return through a carrier chosen by him and not by Machado & Valverde, we cannot assume the risk in the return packaging when referring to causes not attributed to Machado & Valverde.
Likewise, the customer is responsible for the content of the return package when choosing one of the return methods indicated by Machado & Valverde. In the event of an error in the content of the return package not attributed to Machado & Valverde, we are entitled to charge the costs associated with the corresponding return to the customer, if applicable. All rights recognized by the law in force will be safeguarded.
15.2 Contractual right to return products
In addition to the legally recognized right of free termination of the contract by consumers, mentioned in clause 15.1 above, we grant the customer a period of 30 days from the date of confirmation of dispatch of the products to return the same (except those mentioned in clause 15.3 Following, for which the right to return the products is excluded). The return of the gift card is governed by the Conditions of use of the gift card.
The customer will be responsible for the direct costs of returning the product if he does not return it to our warehouses in Queijas, Portugal.
The Customer may exercise its right to return the products in accordance with the terms set out in clause 15.1 above for the exercise of the right of free termination of the contract. However, the customer must inform us of their intention to return the products and deliver the products to us within 30 days of confirmation of shipment. In other words, in the case of return of products by the customer, he will have to return the articles in order to guarantee that they are received by Machado & Valverde within 30 days from the date of confirmation of dispatch. 15.3 Conditions for exercising the contractual right to return products The customer does not have the contractual right to return the products, provided for in clause 15.2 for the following products:
- custom items
- Items without the original packaging.
- sealed products that are not suitable for return due to hygiene reasons and that have been opened after delivery.
The contractual right to return products must apply exclusively to products that can be returned in the same conditions in which the customer received them. No refund will be made if the product has been used beyond the simple opening of its packaging or if it has been damaged; therefore, the customer must be careful with the products while they are in his possession.
Please return the item, using or including the original packaging. It must also include all instructions, labels, documents and product packaging.
After examining the item, we will let you know if you are entitled to a refund of the amounts paid. The return will be made as soon as possible and, in any case, up to 14 days from the date on which the customer communicates his intention to return the products. products back or until the customer demonstrates evidence that products sent the products. The return will always be made using the same payment method that the customer used to pay for the purchase.
If you have any questions, please contact us through our contact form or through our available contact channels. Notwithstanding the limitations on the contractual right to return the products, provided for in clause 15.2, this Clause shall not apply to the exercise of the right to free termination of the contract legally attributed to the consumer, namely with regard to the limitation of the powers of inspection and manipulation of goods.
15.4 Defective products
In cases where he considers that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the period of 15 days legally established through our contact form, indicating the details of the product as well as the damage suffered, or by contacting us through our available contact channels, and we will indicate what you should do, being later refunded the corresponding amount.
As legally established, instead of canceling the contract (and consequent return of the good and refund), you can also choose to replace the product, or for the appropriate price reduction. The refund of the price, the replacement of the product, or the appropriate reduction of the price paid for the article must occur as soon as possible and, in any case, within 30 days. The amounts paid for products returned for any damages or defects will be refunded in full, including delivery costs incurred in sending the item and costs incurred in returning them. The return must be made using the same payment method used to pay for the purchase. All rights recognized by the law in force will be safeguarded.
15.5 Size change
If the item purchased by the customer does not match the appropriate size, the customer has the option of requesting a size change. The original item must be returned without any delay, and no later than 14 days from the 14 calendar day period from the request for a size exchange. We reserve the right to charge you the costs corresponding to the new shipment, in accordance with the provisions of these terms and conditions.
15.6 Variations that should not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colors, may not be considered defects or damage. On the contrary, it must count on their presence and enjoy them. We select only the highest quality products, but features are unavoidable and must be accepted as part of the product’s individual appearance.
15.7 Right of withdrawal and return of orders from abroad I
f you have ordered items from another EU Member State outside Portugal through this website, clauses 15.1,15.2,15.3 and 15.5 apply with the restriction that the transport can only be carried out to the address of original delivery within Portugal. We further inform you that we are under no circumstances (with the exception of clause 15.4 to which this clause 15.7 does not apply) obliged to pay shipping costs to addresses other than the original delivery address, nor return costs to destinations outside Portugal. The provisions in this clause shall not affect your rights as a consumer and user, nor your right to terminate the contract.
16. PERSONALIZED PRODUCTS
This website contains a specific section “PERSONALIZED PRODUCTS”, in which, in accordance with these terms and conditions and the indications referred to in that section, you can customize certain products including texts and characters selected by the Customer. In this section you can find more information about this service. Please note that, due to technical reasons or other reasons beyond our control, the actual colors, textures and sizes may vary from those displayed on your screen. In addition, you should bear in mind that, as they are “PERSONALIZED PRODUCTS”, it will not be possible to return or exchange these items.
The Customer guarantees that he is authorized to use the texts and other elements that form part of the customization of the products. However, we reserve the right to refuse your customization or to cancel orders for customized products by non-compliance with the conditions in question. The customer will be solely responsible for the requested customization. We may refuse your personalization or cancel orders for personalized products in the event that we detect that the personalization consists of, or includes inappropriate elements, property of third parties or of an illegal nature.
We do not assume the obligation to verify and do not assume responsibility for the texts or other elements that form part of the personalization created by the users of this service. We do not guarantee the legality of said texts or other elements and, consequently, we do not assume any responsibility for the damages and/or losses that may result to any user(s) and/or any other third parties – whether individuals or public or private entities – resulting directly or indirectly from the use of the “PERSONALIZED PRODUCTS section or that has any type of direct or indirect relationship with said section and/or its products
17. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights on the materials or contents that are provided as part of the website are, at any time, ours or those who granted us the license to its use. The customer may only use this material in the way that is expressly authorized by us or by those who granted us the license for its use. This does not prevent you from using this website to, as necessary, copy the information relating to your order or the details of the Contract.
18. VIRUS, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You must not gain unauthorized access to this website, the server on which this page is located or any server, computer or database related to our website. You undertake not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may imply the practice of infractions typified by the applicable legislation. We will inform the competent authorities of any breach of said legislation and we will cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website. We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading the contents of the same or the contents for which it redirects.
19. LINKS FROM OUR WEBSITE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only, without our having any control over the content of those pages or materials. Therefore, we will not accept any liability for damages or losses due to its use.
20. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notices we send you be in writing. By using this website, the customer accepts that most notifications with us are electronic. We will contact the customer by email or provide information through notices placed on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notices sent electronically satisfy the legal requirement that such notices be in writing. This condition will not affect the rights recognized by law.
Customer notifications must be sent via social networks (Facebook and Instagram) or through our contact form. In accordance with the provisions of Clause 18 above and except otherwise, we will send you notifications by email or to the postal address provided when you placed your order. Notices will be deemed to have been received, and correctly effected, the moment the customer enters our website, 24 hours after sending an email or three days after the postage date of any letter. In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or in a mailbox and, in the case of an email, that it has been sent to the email address specified by the recipient.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
The contractual commitment is valid for you and us, as well as our respective successors, persons who have benefited from transfers made by us and heirs. You may not transfer, waive, attach or otherwise transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent. All transfers of our contractual position, rights or obligations under this contract will also be subject to your prior consent. For the avoidance of doubt, such transfers, assignments, embargoes or other transfers must not affect the rights that, as applicable, you have as a recognized consumer by law or that cancel, reduce or limit in any way the express and implied warranties that we may have given.
23. REASONS FOR FORCE MAJEURE
We will not be liable for any failure to fulfill or delay any of our obligations under a Contract which is caused by events beyond our control (Force Majeure). The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including but not limited to the following:
- General strike, or other forms of protest that significantly affect the country.
- Public nuisance, riot, invasion, terrorist attack or threat terrorist, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Inability to use trains, boats, aircraft, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
Our obligations arising from the Contracts will be considered to be suspended during the period in which the Grounds of Force Majeure occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Grounds of Force Majeure. We will use all means Reasons for Force Majeure to cease or to find a solution that allows us to perform our obligations under the Contract, despite the Force Majeure Grounds.
24. WAIVER RIGHTS
The absence of a requirement on our part for the client to strictly comply with any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under this Contract or Conditions will not waive or limit any such rights or actions, nor will it release the customer from performing its obligations.
25. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract is declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in force, unaffected by that declaration of nullity.
26. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement existing between us and the customer, regarding the object of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, verbally or by written. We and the customer acknowledge that we have consented to the execution of the Agreement without having relied on any representation or promise made by the other party or that could interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except as expressly mentioned in the present Conditions.
27. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this website are governed by Portuguese law. This provision does not affect the other rights granted to the consumer by the legislation in force.
28. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask that you send comments and suggestions through our contact form. You can send your comments and complaints through our contact details or by email at firstname.lastname@example.org.
29. ALTERNATIVE DISPUTES RESOLUTION
In this sense, if the transaction has been completed through our website, we inform you – in accordance with EU Regulation no. 524/2013 online dispute resolution system, at http://ec.europa.eu/consumers/odr/. You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal, via the website www.consumidor.pt.
ATTACHMENT RESOLUTION FORM TEMPLATE
(Fill out and return this form only if you wish to terminate the contract) Send to Machado & Valverde Lda, Rua da Eira, number 6, 3º dto 1495-231 Algés (e-mail email@example.com) I hereby inform you that I terminate my sales contract for the following items:
Ordered in / received in (*)
Consumer signature (only if this form is notified in paper format)
*) Delete as appropriate
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