TERMS AND CONDITIONS
These Terms and Conditions together with the Privacy and Cookies Policy establish the conditions that determine the use of this website and regulate the conditions of the goods purchase process on it. Loja do Azulejo invites the Customer to carefully read the content of the Terms and Conditions, Privacy and Cookies Policy before using this website. To place an order on the website the Customer must be at least eighteen years old, or, if he is a minor, authorization from legal representatives to contract under the legal terms. When the Customer uses this website he declares that he fulfils these conditions. These Terms and Conditions may be changed at any time, and in this situation, we will publish an updated version on the website. The use of the website as well as the processing of any order, after the Loja do Azulejo has published a new version of the Terms and Conditions, will be subject to the version of the Terms and Conditions in force, which must be expressly accepted prior to the submission of the order.
Loja do Azulejo and its website are owned by Almeida + Barroso Associados Lda., with headquarters at Rua Júlio Dinis 247, Piso 6, E7, 4050-324 Porto, registered at the Commercial Registry with number 507 228 863 and with the same VAT number, hereinafter identified on the website by the denomination “Loja do Azulejo”.
1. DEFINITIONS
Customer – Individual or legal entity that visits Loja do Azulejo with an interest in purchasing products or services and to whom the order is invoiced and addressed.
Order – Goods to be supplied according to the Customer’s request.
Special order – Goods ordered according to the specific characteristics requested by the Customer, namely customization of formats, colours, patterns, finishes, etc.
Order made by request – Goods not in stock and ordered by Loja do Azulejo to its suppliers to answer the order form.
Goods – Products traded as requested in the order form.
Purchase Order – Document in electronic or paper format, issued by Loja do Azulejo and which defines the goods to be supplied according to the Customer’s request and these Terms and Conditions.
2. BASIS OF THE CONTRACT
2.1 These Terms and Conditions establish the entire contract between the Customer and Loja do Azulejo for the sale of goods. When reading these Terms and Conditions, the Customer must verify that he agrees with these before committing to the contract. The Customer will be subject to these Terms and Conditions as soon as he places an order.
2.2 The order form is a request from the Customer to enter into a binding contract, which the Loja do Azulejo is free to accept or refuse.
2.3 Upon completion of the purchase on the website, Loja do Azulejo sends an automatic purchase order by email that constitutes the Customer’s order but this does not constitute acceptance of the order. Order acceptance occurs when the goods are confirmed by Loja do Azulejo and the Customer is informed of this fact.
2.4 Prices and shipping costs are those that are in force at the time the Customer places the order. If by mistake or other reason the prices or charges are different from those published, the Customer will be informed by Loja do Azulejo and will have the option to change or cancel his order.
2.5 Loja do Azulejo has the right to revise and change these Terms and Conditions whenever necessary to reflect changes in market conditions that affect its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements or changes in the capabilities of any operated systems. The Customer will be subject to the policies and terms in effect at the time a binding contract enters into force, unless any changes to these policies or these terms are required by law or government or regulatory authority, in which case they will apply to orders that the Customer issued previously and that have not yet been completed.
3. CHANGE AND CANCELLATION
3.1 The Customer can change his order at any time until the communication of acceptance of the order by Loja do Azulejo. For this purpose, you should contact us by email.
3.2 The Customer can cancel his order up to 14 days from the day the goods are received, with the exception of “Special orders” and “Orders made by request” which cannot be cancelled after acceptance by Loja do Azulejo. To cancel an order, the Customer must inform by email. The charges and risks with the return of the goods are responsibility of the Customer.
3.3 After cancellation and in case the ordered products have not yet been shipped, the Customer will be refunded within 14 days.
3.4 In case the Customer has received the goods, those must be returned and the refund will be made after good reception, at the address indicated by Loja do Azulejo for that purpose.
3.5 The refund will be made by bank transfer or by the same payment method used by the Customer when ordering.
4. GOODS
4.1 Upon delivery, the goods must be presented as described, of quality and suitable for the purpose for which they are intended. In the event of an abnormal case, the products will be replaced. The Customer should immediately contact the Loja do Azulejo by email for this purpose. The replacement does not apply in the case of changes in the goods resulting from:
4.1.1 Variation as indicated in the product characteristics related to the artisanal production origin of the goods;
4.1.2 Intentional damage, accident or negligence on the part of the Customer or related third parts;
4.1.3 Use of the goods in a non-recommended way;
4.1.4 Failure by the Customer to follow the instructions on installation, use, cleaning and maintenance of the goods;
4.1.5 Any alteration or repair carried out by the Customer without prior written approval by Loja do Azulejo.
5. SAMPLES AND DESCRIPTIONS
5.1 All product descriptions, images and samples are intended to provide the most accurate representation of them.
5.2 According to the description of the products on the website, the Customer recognizes that they often have the characteristics of natural materials used in their production and the characteristics of artisanal or semi-artisanal production. These characteristics, such as variations in calibration, grain, texture and colours, are not considered defects or lack of conformity. On the contrary, one must count on their presence. Such characteristics are inevitable and must be accepted as part of the individual appearance of the product.
5.3 We advise the Customer to request samples before entering into this contract.
5.4 The Customer should be aware that some of the products are porous and must be sealed. Some can be easily scratched, subject to corrosion or splinters.
6. PRICE AND PAYMENT
6.1 The price of the goods will be the price in force at the time of order confirmation. Loja do Azulejo reserves the right to update its price list whenever necessary without providing prior notice.
6.2 The quotes are valid from the date of issue and for 30 days, unless Loja do Azulejo notifies the Customer that the quote has expired.
6.3 All prices shown include VAT unless explicitly stated. VAT is charged at the rate in force at the time of order payment.
6.4 The price of the goods excludes delivery. The delivery cost will be as specified in the order.
6.5 Payment for the goods must be made using one of the methods available at the time of purchase on the website.
6.6 The Customer must make the payment within 72 hours after receiving the order form provided by email. The order will be automatically cancelled if the payment is not received within that period.
7. DELIVERY
7.1 The goods will be delivered to the delivery address indicated by the Customer in the order. Loja do Azulejo reserves the right to refuse delivery to an address other than the address previously specified when ordering, unless otherwise agreed in writing between the parts.
7.2 The delivery of the order is completed with the delivery of all the goods to the Customer.
7.3 If for some reason it is not possible to deliver the order completely at once, namely due to operational causes or lack of stock, we will deliver the order in several phases, at no additional cost to the Customer.
7.4 In case the Customer requests delivery of the order in instalments after ordering, we may charge a delivery fee for each shipment.
7.5 Loja do Azulejo will take reasonable measures to comply with the estimated delivery time defined in the order, or as agreed in writing between the parts, and according to the delivery times defined in the detail of each product.
7.6 In the event of stock failure of a product, the Customer will be notified and will have the possibility to wait, change or cancel the order. In the event that the Customer chooses to wait for the replacement of the product, an approximate delivery date will be estimated, however, and occasionally, delivery may be affected by external factors and may not be guaranteed.
7.7 Deliveries will be made by specially selected carriers and will be made at the point of delivery address or at the point that is closest and accessible by means of transport. The goods transported on pallets have as their delivery point the sidewalk – the responsibility of the carrier and the driver ends at that point.
7.8 The Customer must notify Loja do Azulejo of any impossibility or restriction of access that may affect the success of a delivery.
7.9 The Loja do Azulejo or its designated carrier may refuse to deliver the goods if it considers it to be unsafe, illegal, excessively difficult, or inappropriate for the delivery vehicles.
7.10 In the case of the receiver’s absence on the delivery date, delivery failure is considered due to absence on the informed date. In this case, the goods are stored until the delivery is rescheduled by the Customer and a variable daily fee may be charged and defined by the carrier to cover handling and storage expenses.
8. RISK AND OWNERSHIP
8.1 The goods are the responsibility of the Customer at the time they are delivered to his address or to the address nominated for this purpose.
8.2 Ownership of the goods will only be transferred to the Customer after full payment of all sums due for the goods and delivery charges.
9. INSTALLATION
9.1 Loja do Azulejo has installation guides on its website. The installation must be carried out by professionals after reading of the relevant guide and respective comprehension by the installer.
9.2 The Customer must plan his order and delivery, at least 10 working days before the beginning of any installation work, in order to allow the necessary acclimatization of some natural materials to the place of installation.
9.3 The installation constitutes acceptance of the product.
9.4 Loja do Azulejo does not suggest any installer but recommends that the Customer obtain references from the installer for the materials in question.
10. DAMAGED, MISSING OR DEFECTIVE PRODUCTS
10.1 Upon receipt of the order, the Customer or named person must immediately verify the integrity and good reception of the goods.
10.2 In the case of goods damaged in transport, the Customer must, in the document provided by the carrier, and where it requests a signature of good reception, indicate immediately in writing any damage found. Afterwards, in order to expedite the resolution, the Customer is requested to document the damage to the goods by photograph and send this information by email to Loja do Azulejo within 48 hours after receiving the order.
10.3 If the order is received, the Customer must verify all products within 14 days after delivery. Loja do Azulejo reserves the right to refuse any claims for damaged or lost products after this period, unless a longer period of time has been previously agreed in writing.
10.4 Variations in colour, tone, texture and cracks are characteristics inherent to several of the products sold and are not admitted as defects.
10.5 Variations in dimension, thickness or calibration are allowed according to the standards of artisanal and semi-artisanal products.
10.6 Loja do Azulejo declines all responsibility for time or labour costs incurred by the Customer in the event of incorrect, delayed or damaged deliveries.
11. RETURN OF GOODS
11.1 In case of return of goods, the Customer must do so within 14 days of reception, informing the Loja do Azulejo for this purpose in advance of its intention via email.
11.2 The goods must be returned in the original packaging.
11.3 Whenever the goods are sold in boxes, only complete and closed boxes will be accepted on return.
11.4 The goods must be returned to the address indicated for this purpose by Loja do Azulejo.
11.5 The cost of returning the goods is the responsibility of the Customer.
11.6 Returned goods are the responsibility of the Customer until well received by Loja do Azulejo.
11.7 We reserve the right to charge goods damaged in transit for return.
11.8 Special orders and orders made by request cannot be returned, unless they are proven to arrive damaged or defective.
12. LIMITATIONS OF LIABILITY
12.1 We guarantee that, on delivery, all products must be in accordance with and comply with all aspects, descriptions, information, specifications and guidelines.
12.2 The Customer can obtain information about his legal rights by contacting the Consumer Alternative Dispute Resolution Entities.
13. RENOUNCE AND VARIATIONS
13.1 No renouncement or variation of these terms will be effective unless both parts expressly state that they agree to do so and state it in writing. If the Customer fails to comply with these terms, this does not mean that Loja do Azulejo renounces at any part.
14. UNEXPECTED EVENT
14.1 An unexpected event includes force majeure, government actions, war, national emergency, acts of terrorism, protests, riots, civil disturbance, fire, explosion, epidemic, pandemic, extreme weather conditions, roadblocks, transportation delays, strikes and other industrial disputes or difficulties in supplying goods.
14.2 Loja do Azulejo does not assume responsibility for any failure or delay in the performance of any of the obligations arising from these contract terms that originate from events over which it does not have reasonable control, an unexpected event.
14.3 The obligations under these terms are suspended for the duration of the unexpected event.
14.4 In case of an unexpected event, the extension of terms is automatic for the duration of the unexpected event or until solutions are found by Loja do Azulejo to fulfil the obligations arising from this contract.
15. DISPUTE RESOLUTION
15.1 In the case of Customer dissatisfaction, with the purchase of a product or service provided by Loja do Azulejo, the exposure of this situation through informal channels, namely email and telephone, should be primarily privileged, with a view to the best resolution. Loja do Azulejo will do everything in its power to reverse any situation of Customer dissatisfaction.
15.2 In the event that the agreement is not possible through the previous channels, the Customer, without prejudice to the right to submit the dispute to the appreciation and decision of a judicial court, has the possibility of resorting to one of the Alternative Dispute Resolution Entities.
16. GENERAL LAW
16.1 The Portuguese law is applicable to this contract. In the event that any of the clauses becomes unenforceable, or contrary to the law, as written here, it will not affect the entire contract or any other clause.
16.2 All notifications regarding any contractual difference sent by the Customer to Loja do Azulejo must be sent by email or to the address indicated as the headquarters above.
16.3 For the same purposes, Loja do Azulejo can notify the Customer by email or through the postal address provided in the order. The notification will be considered received and duly delivered twenty-four hours after sending an email or two business days after the date of sending any letter.
Terms and Conditions last change date,
2020-12-21