TERMS AND CONDITIONS OF PURCHASE AND USE
This document together with the cited documents in attachment establish the conditions that govern the use of this website and the respective product purchasing process, and are always available on the website.
These conditions may change and it is your responsibility to read them periodically, as the conditions in effect at the time of use of the website or execution of the contract (as defined below) are those that will apply.
If you have questions about these privacy conditions or policies, you can contact us through our contact form.
The Contract may be executed in your choice of any of the languages in which the Conditions are available on this website.
- OUR INFORMATION
This website is executed under the name ELENCO by Anselmo Sá, Lda, a limited liability corporation with headquarters at Caminho de Avintes,21, 4430-671 Avintes, Vila Nova de Gaia, registered with the Lisbon Commercial Registry Office under number 504 678 493, which is also its corporate tax identification number.
- YOUR INFORMATION AND YOUR VISITS TO THIS WEBSITE
- USE OF OUR WEBSITE
By using and/or placing orders through our website, you agree to:
4.1. Use this website only for informational purposes or to make legally valid purchases.
4.2. Not make any false or fraudulent purchases. If we can rationally ascertain that such a purchase has been made, we are authorised to cancel your order and inform the competent authorities.
If you do not provide us with all necessary details, we will be unable to fulfil your order.
By placing an order through this website, you declare you are over 18 years of age and have the legal capacity to execute contracts.
- SERVICE AVAILABILITY
The items presented on this website are available for delivery in Portugal, including Islands, European Community Countries and Other Countries.
- EXECUTION OF CONTRACT
To place an order, follow the online shopping procedure and click on “Authorise Payment” after reading and accepting these Conditions of Purchase. By doing so, you are executing a contract of purchase and sale with us (the “Contract”). Afterwards, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). You will also receive an email confirming shipment of your order (the “Delivery Confirmation”). An electronic document with your order details (the “E-ticket”) should be attached to the Delivery Confirmation.
- PRODUCT AVAILABILITY
All product orders are subject to availability. If any supply difficulties arise or if there are no products in stock, we will immediately inform you of this unavailability and reimburse any amount already paid within 30 days.
Notwithstanding the foregoing provision of Clause 7 above regarding product availability, and unless extraordinary circumstances occur, we will attempt to ship the order for the products listed in each Delivery Confirmation prior to the date on the Delivery Confirmation in question or, if no delivery date has been specified, within 30 days of the Order Confirmation date.
However, delays may occur for any of the following reasons:
- unforeseen circumstances; or
- problems in the area of delivery.
If we are unable to meet your delivery date for reasons not of our responsibility, we will inform you of this by giving you the option to proceed with your purchase, set a new delivery date, or cancel your order with a refund of the total amount paid, without prejudice to all other rights under the applicable law.
In accordance with these conditions, the “delivery” is considered completed, or the order “delivered”, when you or a person indicated by you is in physical possession of the products, which shall be evidenced by the signing of the order receipt at the indicated delivery address.
- IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will leave a note indicating where your order is and what to do to have it delivered again. If you will not be present at the delivery address at the scheduled time, we ask that you contact us to schedule the delivery for a different day.
- TRANSFER OF PRODUCT RISK AND OWNERSHIP
You assume product risks from the moment of delivery.
You will acquire ownership of the products when we receive full payment of the amounts due in respect thereof or upon delivery (as defined in Clause 8 above), if this date is later.
- PRICE AND PAYMENT
The price of each product is that which is shown on our website, at any given moment, except in case of obvious error. While we make every effort to ensure that all prices on the website are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we cannot get in contact with you, your order will be cancelled and any amount paid will be refunded in full.
We are not required to provide you any product at a lower, incorrect price (even if we have already sent you the Shipment Confirmation) if the error in price is obvious and unequivocal and if you could have reasonably been expected to recognise it as an incorrect price.
The prices on this website include VAT and do not include shipping costs, which will be paid by us.
Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all items you wish to purchase will have been added to your cart and the next steps will be order completion and payment. For this, you must follow the steps of the purchasing process by filling in or verifying the information requested at each step.
In addition, during the purchase process you may change the details of your order prior to payment. A detailed description of the shopping process is available in the Shopping Guide. If you are already a registered user, your order history will be available in the “My Account” section. You may pay by Multibanco, Credit Card and PayPal.
To reduce the risk of unauthorised access, your credit card data will be encrypted. After receipt of your order, we will pre-authorise your credit card to ensure there are sufficient funds to complete the transaction.
If you are paying by PayPal, your account will be debited as soon as your order is confirmed.
By clicking on “Finish Order”, you confirm that the credit card belongs to you or that you are the legitimate holder of the gift card or payment card.
Credit cards are subject to verifications and authorisations by the card issuer. If the latter does not authorise the payment, we are not responsible for any delay or non-delivery and we cannot formalise any Contract with you.
- VALUE ADDED TAX
All purchases made through this website are subject to the current Portuguese Value Added Tax (VAT).
- INTELLECTUAL PROPERTY
You recognise and consent that all author’s rights, trademark rights and other intellectual property rights applicable to the material or content supplied through the website belong, at any moment, to us or to whomever licensed us for their use. You may only use such material in manners explicitly authorised by us or by whomever granted our licensed use of it. This does not preventing you from using this website to copy down information regarding your order or Contract details as necessary.
- VIRUSES, HACKING AND OTHER CYBER ATTACKS
You may not misuse this website through the intentional introduction of viruses, Trojans, logic bombs or any other technologically harmful or damaging material. You may not gain unauthorised access to this website, the server on which this site is located, or any server, computer or database related to our website. You agree 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 result in infringements typified by applicable law. We will inform the competent authorities of any breach of such legislation and cooperate with them to find out the identity of the attacker. If you fail to comply with this clause, you will also no longer be authorised to use this web page.
We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging programme or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or content to which it redirects.
- THIRD-PARTY LINKS ON OUR WEBSITE
If our website contains links to third-party pages and materials, these links are provided for informational purposes only and we bear no control over the content of those pages or materials. Accordingly, we will not accept any liability for damages or losses due to their use.
- WRITTEN COMMUNICATION
Applicable law requires that part of the information or notifications we send to you be in writing. By using this website, you accept that most notifications with us will be electronic. We will contact the customer by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use these electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notices be made in writing. This condition will not affect rights recognised by law.
Customer notifications should preferably be sent via our contact form.
In accordance with the provisions of Clause 17 above, and unless otherwise indicated, we will send you notifications by email or to the postal address provided when you placed your order. Notifications will be deemed received and correctly issued the moment the customer enters our website, 24 hours after sending an email or three days after the postage date of any letter. To prove that the notification was successfully made, it will be sufficient to demonstrate, in the case of a letter, that the address was correct, it was correctly sealed and it was properly delivered to the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment is valid for you and for us, as well as for our respective successors, persons who have benefited from transfers made by us and our heirs. You may not transmit, waive, embargo or otherwise transfer a contract or any rights or obligations under it without obtaining our prior written consent.
We may assign, waive, embargo, subcontract or otherwise transfer a contract, or any rights or obligations under it, at any time throughout the term of the contract.
All other transmissions of our contractual position, rights or obligations under this contract will also be subject to your prior consent. To avoid any doubt, such transmissions, assignments, embargoes or other transfers shall not affect your applicable rights as a legally recognised consumer or in any way cancel, reduce or limit any express and implied warranties that we may have give you.
- REASONS OF FORCE MAJEURE
We will not be liable for any breach or delay of any of our obligations under a Contract caused by events beyond our control (Force Majeure).
The concept of Force Majeure shall include any act, event, exercise failure, omission or accident that is beyond our control, including but not limited to:
- General strike, or other forms of protest that significantly affect the country.
- Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or otherwise) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Inability to use trains, boats, aircraft, engine transportation or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
Our obligations under the Contracts will be deemed suspended for the duration of the Reasons of Force Majeure and we will benefit from an extension of the allowed term to meet such obligations for a period of time equal to the duration of the Reasons of Force Majeure. We will use all reasonable means to terminate the Reasons of Force Majeure or to find a solution that will enable us to fulfil our obligations under the Contract despite the Reasons of Force Majeure.
- WAIVER RIGHTS
A lack of demand on our part that the customer strictly comply with any of their obligations under a Contract or these Conditions, or our failure to exercise our rights or actions due under such a Contract or Conditions shall not constitute a waiver or limitation of such rights or actions, nor shall it exempt the customer from fulfilling their obligations.
No waiver of a particular right or action on our part shall imply the waiver of our rights or actions under the Contract or the Conditions.
No waiver, on our part, of any of these Conditions or the rights or actions derived from the Contract shall have any effect unless this waiver is expressly and formally stated and communicated to the customer, in writing, in accordance with the provisions of Clause 17 above.
- PARTIAL ANNULMENT
If any of these Conditions or any provision of a Contract is declared null and void, by the firm resolution of a competent authority, the remaining terms and conditions continue to be in force and are not affected by such a declaration of annulment.
- SINGLE AGREEMENT
These Conditions and all documents to which express reference is made constitute the entire agreement between us and the customer with respect to the subject matter of the Contract and supersede any other pact, agreement or promise previously made between us and the customer, either orally or in writing.
We and the customer acknowledge consenting to the Contract without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Contract, except as expressly stated in these Conditions.
- APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase contracts executed through this website are governed by Portuguese law.
This provision does not affect any other rights granted to the consumer under applicable law.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask that you send us your comments and suggestions using our contact form.
- ALTERNATIVE DISPUTE RESOLUTION
If the transaction has been completed through our website, we inform you – in accordance with EU Regulation No 524/2013 – that you have the power to attempt to settle any dispute out of court through access to the online electronic dispute resolution platform, with the web address http://ec.europa.eu/consumers/odr/ .
The updated list of Alternative Dispute Resolution Entities available under Article 17 of Law no. 144/2015 of 8 September can be consulted on the Consumer Portal, through the website www.consumidor.pt .
- WEBSITE REGISTRATION
Which data do we collect?
If you register on our website, some of your personal user data may be processed: name, email, delivery address and date of birth. Additionally, we may process other data for the reasons already listed in other sections.
On what grounds and for which purposes?
Your data is only processed with your consent, which you may withdraw at any time. To this end, you should send us a written statement to that effect using one of the channels indicated in the general information. The data processing authorized by this statement is intended to allow you to log in to our site, making the online shopping and contact experience quicker and easier by allowing your personal data (such as name, email address, delivery address and date of birth) to be automatically recorded and preventing you from having to enter them each time you interact with the website.
However, if pre-contractual steps are taken or a contract is entered into, the grounds and purpose of the treatment will not be subject to your consent, but will also be related to purposes and grounds intrinsically linked to pre-contractual activities and contractual formalisation, implementation, management and evaluation.
Your data will be stored for as long as you have a registered user account on our website. However, if we are asked to provide a quote or if contracts are entered into, your data will be kept for as long as necessary to satisfy the underlying contract or for as long as the processing is permissible, whichever comes first. This is determined on a case-by-case basis and depends on factors such as the nature of the data, the purpose of their collection and processing and any relevant operational or legal needs to maintain them. Thus, as an example, for purposes of demonstrating compliance with tax obligations, data may be retained for 10/12 years. Such retention periods may be extended by reason of legal action up to six months after the transfer of the data to judicial institutions or the final judgment. After this period, your data will be anonymised or safely destroyed.
With whom we may share your data
Your data may be processed in subcontracts and may have to be communicated to third parties in strict accordance with their purposes and in compliance with the data controller’s legal obligations.
Therefore, personal data may be shared with the following entities, among others: legal advisors/lawyers; carriers/entities that transport and ship goods/parcels; accountants/statutory auditors; computer consultants; financial and banking institutions that manage accounts for our payments/receipts; tax authorities; enforcement agents;
entities to whom data must be communicated by law or at the request of the data subject.
- Right of free termination of contract
In accordance with applicable norms, if you are contracting as a consumer, you have the right to opt for the free termination of the contract under the applicable legal terms.
To exercise your right of free termination of contract, write to us by email (firstname.lastname@example.org) or through our contact form to inform us of your decision to freely terminate this contract in an unequivocal declaration (example: a letter sent by mail or email). You should use the termination form shown in the Attachments. However, you may exercise your right of free termination by any means, as the use of any of these means is not mandatory.
To comply with the contract termination period, simply communicate your will to exercise your right of free termination before the contract termination period expires.
Effects of contract termination
If you terminate your Contract, we will refund any amount paid for products within 14 days of the day you expressed your decision to terminate this contract. The refund will be issued to the form of payment used for the original transaction. In any case, you will not pay any fees arising from this refund. Notwithstanding the foregoing, we may retain the refund until we receive the returned products or until the customer demonstrates that they have returned them.
- Contractual right to return products
In addition to your legal right to freely terminate the contract, mentioned in Clause 13.1 above, we grant you a period of 15 days from the shipment confirmation date to return products.
You may exercise your right to return products in accordance with the terms set forth in Clause 14.1 above regarding exercising your right of free termination of the contract. However, you must inform us of your intention to return and deliver the products to us within 15 days of of receiving the order.
The contractual right to return products shall apply exclusively to products that can be returned to us in the same conditions as the customer received them. No refund shall be issued if the product has been used beyond the mere opening of the packaging or if it has been damaged. The article will be examined for smells, stains or other signs of improper use; therefore, the customer should take care with the products while they are in their possession. Please return the item using or including the original packaging. You should also include all product instructions, labels, documents and packaging. In any case, you must deliver the duly filled in receipt received at the time of delivery of the product, along with the product to be returned.
Products can be returned as indicated:
Carrier returns: When returning the product(s) using a carrier of our choice, you must contact us via e-mail (email@example.com) to have the product picked up at the original delivery address. You must ship the product in the same packaging as it was received, You must send the product in the same package received, with a print of the e-ticket sent in the meantime with confirmation of collection.
Returns by another method chosen by the customer: The customer will be responsible for return costs. Please note that if you decide to return items to us upon collection, we will be authorized to charge you for any expenses we may incur.
After examining the item, we will inform you if you are entitled to receive a refund. Delivery costs will be reimbursed when the contractual right to return the products is exercised within the contractually defined period and all products concerned are returned. Refunds will be made as soon as possible and in any event up to 14 days from the date date on which the product was delivered and examined by our team. In spite of the foregoing, we may retain your refund until we receive the returned products or until you show evidence of their shipment. Refunds will always be issued to the same form payment used to pay for the purchase.
If you have any questions, please contact us via our contact form.
- Defective products
If you feel that, at the time of delivery, the product is not in accordance with the contracted terms, contact us via via e-mail (firstname.lastname@example.org), within 24 hours indicating the details of the product as well as the damage suffered and we will tell you how to proceed.
In case of problems with the packaging, you must notify the transport company as soon as you receive the order.
We will carefully examine the returned product and notify you by email, within a reasonable period of time, whether or not the item is defective. If the returned product is confirmed as defective, the customer may choose to terminate the contract and the item will be returned or replaced. If you decide for a replacement, the item will be replaced as soon as possible and, in any case, within 30 days from the date the customer informed us of his decision.
You can return the product under the conditions described above.
By law, instead of contract termination (and consequent return of the product and refund), you may also choose to replace or repair the product.
Value refund, product replacement, or product repair should occur as soon as possible and in any case within 30 days.
Amounts paid for products returned due to any damages or defects will be refunded in full and to the same payment method used to pay for the purchase.
All rights recognised under the applicable law will be safeguarded.
- Variations not be considered defects
The products we sell, especially those made by hand, often display characteristics of the natural materials used in their production. These characteristics, such as variations in grain, knots, texture and colour, may not be considered defects or damage. On the contrary, you should expect and appreciate them. We select only the highest quality products, but these characteristics are inevitable and must be accepted as part of the unique appearance of the product.
- Right of termination and return of orders made from other countries
The shipping of returns outside Mainland Portugal will be the customer’s responsibility and must contain the return form attached on paper in the original shipment of the product inside the box.
The provisions of this clause should not affect your rights as a consumer and user, nor your right to terminate the contract.
- Product warranty
All products sold by Elenco have a lifetime warranty.