Terms and conditions

Introduction

These conditions are agreed between Ana Rafaela Vicente Pereira, with tax identification number 229 387 144, with registered office at Praça D. Afonso Henriques nº 10 r/c, 2460-030 Alcobaça, with e-mail address [email protected], hereinafter referred to as Água Lusa – Artes de Alcobaça, and between any person wishing to make a purchase via the website www.agualusaartes.pt, post and e-mail, hereinafter referred to as the “Costumer”.

Section 1 – Scope and Object of the General Store Conditions

  1. The purpose of these conditions is to define the general conditions of sale, established between Água Lusa – Artes de Alcobaça and the Customer, from the time of ordering to the delivery of the purchased goods, such as payment methods and delivery conditions.
  2. These conditions regulate all the steps required to place the order and guarantee the monitoring of this transaction between the contracting parties.

Section 2 – Use of our Website

By using our website, the Customer undertakes to:

  1. Make legally valid inquiries or orders without placing any false or fraudulent orders. If we can rationally consider that such an order has been placed, we will be authorized to cancel it and inform the competent authorities.
  2. Provide us with your e-mail address, postal address and/or other contact details truthfully and accurately.

Section 3 – Ordering

  1. Customers can place their orders online, on the website www.agualusaartes.pt, by e-mail, by telephone or in the physical store.
  2. You can order online at www.agualusaartes.pt, 24 hours a day, 7 days a week. If you do not receive a response to your order within 24 hours, please contact us at [email protected].
  3. To complete your order, the Customer must provide their personal details, name, address, telephone number, e-mail address and VAT number. To do this, the Customer must fill in all the required fields on the order form for this purpose. You will be given a number for each order, which will be used to identify your order.
  4. By placing an order, the Customer expresses their full and complete acceptance of the general conditions of sale, the prices and the description of the products included in this transaction.
  5. If the product is unavailable, Água Lusa – Artes de Alcobaça undertakes to inform the Customer and reimburse them for any amounts paid within a maximum period of 30 (thirty) days from the date of knowledge of the unavailability.
  6. We reserve the right to withdraw any product from this website at any time and to delete or modify any material or content on it. Although we do our utmost to always complete all orders, there may be exceptional circumstances that force us to refuse to complete an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our discretion.
  7. We shall not be liable to you or any third party for removing any product from this website, regardless of whether that product has been sold or not, for deleting or modifying any material or content on the website or for refusing to complete an order after we have sent the Order Confirmation.
  8. Água Lusa – Artes de Alcobaça is not responsible for color differences that are exclusively related to the equipment on which the products are displayed, as its colors are standardized and may differ slightly between different production cycles.
  9. Due to the fact that many of the products on the website are produced by hand, Água Lusa – Artes de Alcobaça does not guarantee that they will always be the same as those shown in the photographs.
  10. Bordallo Pinheiro and Vista Alegre products are only sold online for delivery in Portugal. Any order placed for a Bordallo Pinheiro or Vista Alegre product delivered outside national territory will be canceled.

Section 4 – Delivery

  1. The cost of shipping is variable and is calculated according to the weight, dimensions, volume, destination and payment method of each order, which can be consulted on the website, in the shopping cart, by clicking on “Calculate shipping costs” and after choosing the place of delivery.
  2. Se os artigos da sua encomenda estiverem todos disponíveis, a encomenda será expedida num prazo de 1 a 3 dias após confirmação de pagamento.
  3. In the case of items that are not available or are personalized, the Customer will be informed of the new delivery date. This time is provided by the supplier of the corresponding service, and under no circumstances can Água Lusa – Artes de Alcobaça be held responsible for any delay or possible early delivery.
  4. In the event of an error regarding the stock of a given product and its availability, the Customer will be immediately informed of the new delivery time.
  5. Delivery to mainland Portugal will be made by CTT or GLS (TDV) and the normal delivery time is, on average, around 2/3 working days from the date of dispatch of the order. The delivery pattern to other destinations will vary according to the destination. Residents outside the European Union may be charged additional customs fees. which vary according to the customs services of each country, and Água Lusa – Artes de Alcobaça is not responsible for these fees.
  6. If the customer opts for cash on delivery, the shipping cost is higher, as it adds €3.50 (to the cost of shipping without collection) and payment must be made to the courier at the time of delivery. This shipping method is only available for deliveries in mainland Portugal and is not covered by the postage offer campaign for orders above this value
  7. If a registered shipment is lost, Água Lusa – Artes de Alcobaça undertakes to reimburse the customer for the full value of their order.
  8. Bordallo Pinheiro and Vista Alegre products are only sold online for delivery in Portugal. Any order placed for a Bordallo Pinheiro or Vista Alegre product delivered outside national territory will be canceled.

Section 5 – Store pick-up

If you choose the store pick-up option, you will receive a notification when your order is ready for pick-up.

The request can be picked up in person (by presenting the request number) or you can appoint someone else to pick up your request. In this case, the appointee will have to provide the application number.

Section 6 – Liability for Unexpected Events

  1. We shall not be liable for any breach or delay of any of our obligations under a Contract caused by events beyond our reasonable control hereinafter referred to as “Force Majeure”.
  2. Force Majeure includes any act, event, failure to act, omission or accident beyond our reasonable control, including but not limited to the following:
    1. Strikes, closures by employers or other protest measures;
    2. Disturbances of public order, riots, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war;
    3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or any other natural disaster;
    4. Inability to use trains, boats, planes, motor transport or other means of public or private transport;
    5. Inability to use public or private telecommunications systems;
    6. Acts, decrees, legislation, rules or restrictions of any government or public authority;
    7. Strikes, failures or accidents in maritime, river, postal or any other type of transport.

Section 7 – Payment

  1. The customer can choose to pay by MBWay, ATM reference, Paypal or cash on delivery.
  2. If the Customer chooses to pay by ATM, Água Lusa – Artes de Alcobaça will issue the respective payment references to be used at the ATM (by selecting the Services Payment option). You can then pay simply and securely at any ATM or home banking terminal;
  3. If the Customer opts for Cash on Delivery (only available in mainland Portugal), payment must be made in cash to the courier at the time of delivery.
  4. If payment is not confirmed within 2 days, the order will be canceled.

Section 8 – Prices

  1. Prices should be understood in euros, including taxes and shipping costs.
  2. The prices shown take into account the VAT applicable on the date of the invoice. Any change in the type of VAT applicable will be reflected in the product prices. After this date, prices may change at any time.
  3. If you live outside the European Union, please note that the customs services in your country may charge you additional customs fees. These fees are not the responsibility of Água Lusa – Artes de Alcobaça and vary from country to country. The Customer should check with the customs services in their country before placing an order.
  4. The prices and specifications of the products contained in this website may be altered by Água Lusa – Artes de Alcobaça without prior notice.

Section 9 – Returns

  1. The Customer has the right to return the purchase of any non-personalized item within a maximum of 30 days from the date of delivery of the item. If you wish to make a return, you must first contact us at [email protected].
  2. Returned items must be in perfect condition, complete and properly packaged in the original packaging and without any signs of actual use. You should always send the invoice with the items.
  3. Água Lusa – Artes de Alcobaça is only responsible for return and reshipment costs if there has been an internal error and the product sent does not correspond to the order, if the product is defective in origin and if it has been damaged during transportation. When requesting collection of the items to be returned, the Customer must send a photograph to [email protected] to check their condition.
  4. Upon receipt of the package, the Customer must check that the packaging is in perfect condition and, if it shows signs of damage, the Customer must not accept the package, notifying the postal service professional of the reason.
  5. In the event of withdrawal or error on the part of the Customer, the costs of return will be the sole responsibility of the Customer.
  6. In the event of an order being returned due to an insufficient address, late collection at the CTT counter or non-payment in the case of orders sent collect, the customer will be responsible for the cost of resending the order.
  7. Once the Customer has returned part or all of an order, they may choose one of the following ways to terminate the purchase contract and close the return process:
    1. Return for exchange for another item: if, when making a return, the Customer wishes to exchange the returned items for other items, they must mention their intention when communicating the intention to return by e-mail, clearly indicating which items they wish to receive in exchange. If the value of the items returned differs from the value of the items requested in exchange, the differences will be rectified as follows: if the items returned are of a lower value than those requested in exchange, the Customer must pay the difference, if this value is higher than that of the items requested in exchange, the Customer may opt to return the difference by choosing to issue a voucher;
    2. Return to issue a voucher: when making a return, the Customer may choose to issue a voucher for the value of the items returned, which may be used within a maximum of 90 days of its issue on new purchases made on the website.

Section 10 – Cancellation of Orders

  1. Customers can cancel their orders by contacting Água Lusa – Artes de Alcobaça by telephone or e-mail, quoting the order number, which will be accepted as long as the order has not yet been processed.
  2. For the purpose of cancellation, the Customer must provide the following information to Água Lusa – Artes de Alcobaça:
    1. Order number
    2. Name under which you placed your order and delivery address
  3. Água Lusa – Artes de Alcobaça reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Água Lusa – Artes de Alcobaça reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these are due to technical problems or errors beyond the control of Água Lusa – Artes de Alcobaça.
  4. Bordallo Pinheiro and Vista Alegre products are only sold online for delivery in Portugal. Any order placed for a Bordallo Pinheiro or Vista Alegre product delivered outside national territory will be canceled.

Section 11 – Liability

  1. For all stages of access to the website, from the order process to delivery or subsequent services, Água Lusa – Artes de Alcobaça only has a media obligation.
  2. Água Lusa – Artes de Alcobaça has adequate levels of security, however it shall not be liable for any damages suffered by the Customer and/or third parties as a result of delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software. If, for any reason, it is impossible to provide the service on the website www.agualusaartes.pt, Água Lusa – Artes de Alcobaça will not be held responsible for any losses incurred
  3. The items sold are described and presented on the website as accurately as possible.
  4. If, despite all our precautions, errors occur on the website or in the catalogs, Água Lusa – Artes de Alcobaça will not be held responsible for this.
  5. Any operation carried out between Água Lusa – Artes de Alcobaça and its Clients which is not contested within a period of 6 months cannot give rise to any claim.
  6. Água Lusa – Artes de Alcobaça shall not be liable for any loss or damage caused by misuse of the website that is not directly attributable to it through intent or gross negligence.

Section 12 – Processing of Personal Data

In compliance with current European legislation, the processing of personal data is described in this website’s Privacy Policy.

Section 13 – Full agreement

  1. These general terms and conditions of sale constitute the entire agreement between the parties in question.
  2. Should any of the clauses in these terms and conditions become null and void as a result of a legislative or regulatory change, or as a result of a judgment, this shall in no way affect their validity and observance.

Section 14 – Duration

  1. These conditions apply for the duration of the services offered by Água Lusa – Artes de Alcobaça.
  2. All items are valid until stocks last.

Section 15 – Tasting

The computerized records, kept in the computer systems of Água Lusa – Artes de Alcobaça under secure conditions, are considered to be proof of the communications, orders and payments made between the parties.

Section 16 – Keeping and Recording Transactions

Orders and invoices will be stored on a reliable and durable medium in order to provide a faithful and lasting copy.

Section 17 – Applicable Law and Jurisdiction

  1. Portuguese law applies to the conditions of sale presented.
  2. To resolve any dispute there is always the possibility of resorting to an arbitration body.
  3. The European Union has set up a website to help consumers submit their complaints about any dispute in which they are involved. In this context, Água Lusa – Artes de Alcobaça provides you with all the information you need to exercise your right to complain to an official, third-party and impartial entity, which will help you resolve the dispute in question. So, if you are dissatisfied with the purchase of a good or service on our website, or with the solution we have provided to resolve the situation, you can go to this official website http://www.cicap.pt/ and lodge your complaint.
  4. Failing resolution by agreement of the parties, any dispute arising from these General Conditions of Sale shall be submitted to the competent Portuguese court.

Section 18 – Comments and Suggestions

We welcome your comments and suggestions. Please send your comments and suggestions to our contact form.