This document (together with the documents referred to therein) sets out the conditions which govern the use of this website and the purchase of its products (hereinafter, the "Conditions").
We encourage you to read the conditions before using this website. By using this website or placing an order through it, the customer is consenting to these Terms. So if s/he does not agree with all conditions, the customer should not use this Webpage.
These conditions can be changed. It is your responsibility to read them regularly, since the prevailing conditions at the time of use of the Webpage or the end of Contract (as defined below) are those that will apply.
The Agreement (as defined below) may be formalized at your choice, in Portuguese or English, the languages ??in which the Conditions are made available on this website.
2. OUR DATA
This webpage is run under the name INSPIRAÇÕES PORTUGUESAS by PROJECTO84, LDA, PORTUGAL, a company headquartered at Rua Egas Moniz, nº 5, 1st Floor 2410-100 Leiria, registered in the Commercial Register of Leiria with the VAT identification number: 509 091 032.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
4. USE OF OUR WEBSITE
By using our website and / or by placing orders through it, the customer is committed to:
4.1. Use this webpage just to make inquiries or legally valid orders.
4.2. Not to carry out any false or fraudulent order. If rationally, we can consider that an order of this kind has been carried out, we are allowed to cancel it and inform the competent authorities.
4.3. Provide email address, postal address and / or other contact details truthfully and accurately, thus allowing us to use the information provided to get in touch with the customer. If necessary consult our Privacy Statement.
If we are not provided with all the necessary information, we cannot follow up on the order.
By placing an order through this webpage the customer declares to be above the age of 18 and to have legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The articles presented on this website are available in Portugal.
6. CELEBRATION OF THE CONTRACT
The information contained in these Conditions and the details included in this website do not constitute an offer for sale but rather an invitation to contract. No contract will exist between us and the client regarding any product until the order has been expressly accepted by us. If your offer is not accepted and you have had a debit in your account, the amount will be refunded in full.
To place an order, you must follow the online purchasing procedure and click "Authorize Payment". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). This does not mean that your order has been accepted, since it is a proposal that the customer makes to buy one or more products. All orders are subject to acceptance by us. This will be informed by an email by which we confirm that the product will be sent (the "Order Confirmation"). The contract between us and the customer to purchase a product (the "Agreement") will be formalized only when we send you the Order Confirmation.
7. AVAILABILITY OF GOODS
All product orders are subject to availability. In this sense, if any difficulties with the supply of goods occurs or should it not be in stock, we reserve the right to provide information about substitute products, of equal or higher quality, that the customer can order. If you wish not to ask for any of these replacement products, we will refund the amount you paid.
Only the products mentioned in the Order Confirmation will be considered within the contract. We are not required to provide any product that has been the subject of an order until we have confirmed it through an Order Confirmation.
8. INABILITY TO CONCLUDE AN ORDER
We reserve the right to withdraw any products from this website at any time and to remove or modify any material or contents. Although we endeavor to always conclude all orders, exceptional circumstances may occur that require us to interrupt the conclusion of any order after we have sent the Order Confirmation, so we reserve the right to do so at any time, at our discretion.
We will not be held responsible to the customer, or any third party, if we remove any product on this website, regardless of whether the said product has been sold or not; suppress or modify any material or webpage content; or if we deny to complete an order after sending out the Order Confirmation.
Regardless of the provisions in Section 7 above, on the availability of products, and unless there are extraordinary circumstances, we will try to dispatch the order on the products listed in each Delivery Confirmation prior to the delivery date shown in the Delivery Confirmation in question; or, if no date of delivery is specified, within 15 days from the date of the Order Confirmation.
However, delays may occur for any of the following reasons: customization of products; specialized articles; unforeseen circumstances; or delivery zone.
If, for some reason, we cannot meet the delivery date, we will inform you of this condition and you'll be given the option to continue the purchase, by establishing a new delivery date, or to cancel the order, receiving full refund of the amount paid. In all cases, we make no deliveries on Saturdays or Sundays, except for the virtual gift card, which will be delivered on the date indicated by the client.
For the purposes of the Conditions, it is understood that the 'delivery' materialized, or that the order was delivered, upon the signing of the Delivery Document at the agreed address.
10. IMPOSSIBLE DELIVERY
If after two attempts it is not possible to deliver your order, we will try to find a safe place to store it. We will also leave you a note to tell you where your order may be found and what to do to collect it. If you cannot be at the place of delivery of the order, at the appointed time, we ask you to contact us to arrange the delivery for another day.
In all circumstances, to collect your order, you will be given a period of 30 days from the date on which, in accordance with the procedure laid down in the Conditions, you are informed that your order is available. If after the mentioned deadline the customer has not collected the order we will understand that you want to give up the contract and we will consider it terminated. As a result of termination of the Agreement, we will give you the amount paid for the products as soon as possible and in any event, within 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Agreement terminated.
11. TRANSFER OF RISKS AND PRODUCT PROPERTIES
Product risks will be borne by the customer from the moment of delivery.
The customer will acquire the ownership of the products when we receive full payment of the amounts due, including those pertaining to the delivery, or at the time of delivery (according to the definition contained in Section 9 above), whichever is later.
12. PRICE AND PAYMENT
In accordance with the rules and regulations, product prices displayed on the website www.inspiracoesportuguesas.pt include Value Added Tax (VAT) at the statutory rate at the time of acquisition.
The price of each product will be the one stipulated at each particular moment on our website, except in the case of a clear error. Although we attempt to ensure that all prices listed on the page are accurate, errors may occur. If we detect an error in the price of some of the products that the customer ordered, we will inform you about it as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If we cannot get in touch with the customer, the order will be canceled and the amount paid will be refunded to you in full.
We will not be obliged to provide you with any product at the incorrect lower price (even if we have sent the Order Confirmation) if the error in price is obvious and unmistakable and could have been reasonably recognized by the customer as 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, according to the stated in our Shipping Guide.
Prices can be changed at any time, but (except as set forth above) the possible changes will not affect orders for which we have already sent an Order Confirmation. Once your shopping is done, all the items you wish to purchase are added to your cart and the following steps will be needed for the completion of the order and payment.
To do this:
Click the "Shopping Cart" button at the top of the page.
Click the "View Cart" button.
Click the "Checkout" button.
Complete or confirm the contact information, details of the address where you want your order to be sent and the address you want to find on the bill.
Select the form of payment.
Click "Authorize Payment".
You have at your disposal the following means of payment: Bank Transfer.
13. EXCHANGES AND RETURNS POLICY
13.1. LEGAL RIGHT TO WITHDRAW FROM A PURCHASE
According to the applicable rules, if you are contracting as a consumer, the customer can withdraw from the contract (unless the reason for it is any of the products which exclude the right of withdrawal in Section 14.3 below) at any time, within 14 days after the order’s delivery date.
In this case, we will refund the amount paid for the products. The customer will be responsible for the direct costs of returning the product, if you do not make the return by any of the free methods listed in Section 14.3 below.
The customer may exercise the right of withdrawal by any means allowed by law, considering, however, a valid exercise of this right by sending the withdrawal document we provide or by returning the products.
This does not affect the other rights recognized by the consumer legislation.
13.2. CONTRACTUAL RIGHT OF WITHDRAWAL
In addition to the legally recognized right of withdrawal to consumers and users, mentioned in Clause 14.1 above, we grant the customer a period of 30 days from the date of the Order Confirmation to make the return of the products (except those mentioned in Clause 14.3), after which you lose the right of withdrawal.
In case of return, we will reimburse you the amount paid for the returned products. The customer will cover the direct costs of returning the product, if you do not make the return by any of the free methods listed in Section 14.3 below.
The customer must exercise his/her right of withdrawal by sending the withdrawal document we provide or by returning the products.
13.3. COMMON PROVISIONS
The right to withdraw from the Agreement applies exclusively to products that can be returned in the same condition the customer received them. Please return the item using or including the original packaging. It should also include all instructions, labels, documents and product packaging. In all events, you must submit the receipt you received at the time of delivery of the product together with the product to return. You will not be given a refund if the product has been used beyond the simple opening of the packaging or if it is damaged; therefore, the customer should be careful with the products while they are in his/her possession.
We only carry out direct exchanges for the same item in the same collection.
Please note that if you decide to send back the items with transportation to be paid upon delivery, we will be allowed to charge you the expenses this may imply.
After examining the items, we will inform you whether you are entitled to a refund of the amounts paid. The return will be carried out as soon as possible and, in any event, within 30 days from the date the customer informed us of his/her intention to give up the purchase. The return will be always made by the same means of payment that the customer used to pay for the purchase.
13.4. DEFECTIVE PRODUCT RETURNS
Whenever it is considered that, at the time of delivery, the product is not in accordance with the provisions of the Agreement, you must immediately contact us through our email, indicating the product data, as well as the damage, by which you will be informed of the follow-up procedure. You may return the product by post. Once we examine the returned product, you will be informed, by email, of its return or replacement (if any) within a reasonable time. The refund or replacement of the item will take place as soon as possible and, in any event, within 30 days after the date of the email sent to confirm the return or replacement. The amount paid for the products that are returned due to verified imperfection or defect will be refunded in full, including the delivery costs for the delivery of the article. The return will be made by the same payment method that was used to pay for the purchase. All rights recognized by the law in force will be safeguarded.
14. LIABILITY AND DICLAMER (EXEMPTION OF RESPONSIBILITY)
With the exception of cases where it expressly provides otherwise in these Conditions, our liability regarding any product purchased on our website will be confined strictly to the purchase price of this product.
However, our liability is not excluded or limited in the following cases:
(A) in case of death or personal injury caused by our negligence;
(B) in the event of fraud or fraudulent deceit;
(C) any matter that is illegal or illicit by which we confine or attempt to exclude or limit our liability.
Notwithstanding the preceding paragraph and to the extent that it is legally permitted, except in cases where it is expressly stated otherwise in the Conditions, we will not accept any liability for the following losses, regardless of their origin:
i. loss of income or sales;
ii. business losses;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. data loss;
vi. loss of management time or working hours.
Given the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless it is expressly laid down otherwise.
All product descriptions, information and materials contained on this webpage / app are presented as true with no warranties expressed or implied about them.
To the extent permitted by law, we exclude all warranties, except those which cannot lawfully be excluded in relation to consumers and users. The provisions of this clause does not affect your statutory rights as a consumer and user or your right to withdraw from the Agreement.
15. LIABILITY AND DISCLAIMERS (NO RESPONSIBILITY)
Our liability in connection with any product purchased on our website is strictly limited to the purchase price of the product. Nothing in the Purchase Conditions exclude or limit our liability in any way:
a. in case of death or personal injury caused by our negligence;
b. in case of fraud or fraudulent deceit; or
c. any matter that is illegal or illicit by which we confine or attempt to exclude or limit our liability.
Regardless of the preceding paragraph, and the extent to which so permitted by the law, and unless the present conditions otherwise permit, we will not accept any liability for indirect damage that occurs as a side effect of the loss or major damage, whether caused by misuse (including negligence), breach of contract or otherwise, even if they could be provided, including but not limited to the following:
i. loss of income or sales;
ii. business losses;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. data loss;
vi. loss of management time or working hours.
Due to the open nature of this website and of the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless expressly otherwise mentioned on it.
All product descriptions, information and materials contained on this website are provided as-is and without warranties, expressed, implied or arising in any other way. As far as possible, to the extent permitted by law, we exclude all warranties except those that cannot lawfully be excluded before consumers.
The provisions of this clause will not affect their rights recognized by law as a consumer, nor their right to withdraw from the Agreement.
16. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright rights, trademark and other intellectual property rights in the materials or contents that are provided as part of the webpage / app. are, at any time, ours or that of those who granted us a license for use. The customer can only use this material in any way that is expressly authorized by us or by whom granted us a license for use. This does not prevent that you use this webpage / app. to the extent of the necessary, copy the information on your order or the data of the Contract.
17. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You should not misuse this website through the intentional introduction of viruses, Trojan horses, logic bombs or other harmful or technologically harmful material. Do not attempt to gain unauthorized access to this webpage, the server on which this page is housed or any server, computer or database connected to our website. You commit not to attack this webpage through a denial of service attack or a distributed denial of service attack.
The breach of this clause could lead to the identification of typified offenses by applicable law. We will inform the competent authorities of any breach of this legislation and will cooperate with them to discover the identity of the attacker. In the event of a breach of this clause you will also be unauthorized to use this webpage.
We will not be responsible for any data or loss resulting from a denial of service attack, viruses or any other software or technologically damaging or harmful material that may affect your computer, computer equipment, data or materials as a result of using this webpage, content downloading or redirecting.
18. LINKS FROM OUR WEBSITE
If our website / app. contains links to other pages and materials from third parties, these links are provided merely for information purposes, without us having any control over the content of these pages or materials. Therefore, we will not accept any liability for loss or damage due to their use.
19. WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to be in written form. By using this website, you agree that most of the communications with us is electronic. We will contact the customer by email or will make information known through notices placed on this webpage / app. For contractual purposes, the customer accepts to use this means of electronic communication and acknowledges that all contracts, notices, information and other communication sent electronically satisfy all legal requirements. This condition does not affect the rights recognized by law.
Customer notifications should be sent preferably through our contact form. According to the provisions of Section 19 above, and unless otherwise specified, we will contact you via email or to the postal address provided when you placed your order. It will be considered that the notifications were received and properly carried out in the same 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 made, it is sufficient to prove, in the case of a letter, that the address was correct, that it was properly sealed and was duly delivered to a postal address or a mailbox and, in the case of an email, that it was sent to the email address specified by the receiver.
21. TERMINATION RIGHTS AND OBLIGATIONS
The contract is binding for the customer and for us as well as for our respective successors, assignees and heirs. You may not transfer, assign, record or otherwise transfer a Contract or any of the rights and obligations derived from it for your benefit or for yourself, without our prior written consent. We may transfer, assign, record, subcontracts or otherwise transfer a Contract or any of the rights and obligations derived from it for our benefit or for us, at any time during the term of the Agreement. To avoid any doubt, these transmissions, transfers, charges or other transfers will not affect the rights recognized by law, in the client's case, s/he has as a consumer, or cancel, reduce or limit in any way the warranties expressed or implied that you have been granted.
22. TERMINATION RIGHTS AND OBLIGATIONS
We will not be responsible for any failure or delay of any of the obligations assumed by us under a Contract when the cause is due to events that are beyond our reasonable control ("Force Majeure"). The Force Majeure Reasons include any act, event, lack of exercise, omission or accident beyond our reasonable control, including, among others, the following: strikes, closures or other lawful measures; public disturbances, riots, invasions, attacks and terrorist threats, war (declared or not) or threat or preparation for war; fires, explosions, storms, floods, earthquakes, landslides, epidemics or any other natural disaster; inability to use trains, ships, aircraft, motor transport or other means of transport, public or private; inability to use public or private telecommunications systems; acts, decrees, legislation, regulations or restrictions of any government or public authority; strikes, failures or accidents of maritime transport or inland waterways, postal or any other type of transportation. It will be considered that our obligations under the contracts are suspended during the period in which the Force Majeure is found and will benefit from an extension of the deadline to comply with these obligations for a period of time equal to the duration of the foresaid Force Majeure. We will use all reasonable means to stop the Force Majeure or to find a solution that allows us to comply with our obligations under the Contract despite the Force Majeure.
The lack of demand, on our part, of the strict compliance by the customer of any of the obligations assumed by him/her under a Contract or these Conditions or lack of exercise, on our part, of the rights or actions that are due under this Agreement or conditions will not mean the renunciation or limitation in relation to such rights or shares, or excuse the customer to meet his/her obligations.
No waiver on our part to a right or concrete action shall waive our rights or derived actions of the Contract or Conditions. No waiver on our part, to any of these Terms or the Rights or Contract derivative actions take effect, unless it is established, specifically, that it is a waiver that is formalized and communicated to the client, in writing, in compliance with the provisions in the section on notifications.
24. PARTIAL INVALIDITY
If any of these Conditions or any provision of a Contract are declared null and void by firm resolution by a competent authority, the remaining terms and conditions remain in force, without being affected by the declaration of nullity.
25. CONTRACT INTEGRITY
The Conditions and all documents to which reference is made are the existing entire agreement between us and the customer, to the subject of the Contract and supersede any other covenant, agreement or promise previously established between us and the client, orally or in written.
We and the client recognize the terms consented to execution of the Agreement without having relied on any statement or promise made by the other party or which may interfere with any written statement in negotiations held by both parties prior to this Agreement, except that which is explicitly mentioned in these Terms.
Neither we nor the customer will act against any uncertain, verbal or written statement made by the other party before the Contract date (unless the uncertain statement was fraudulent) and the only action that the other Party will have shall be for breach of Contract, in accordance with the Terms.
26. RIGHT TO AMMEND CONDITIONS UNILATERALLY
We reserve the right to revise and amend these Terms at any time. The customer is subject to the policies and conditions in effect at the time you use this webpage / app. or place your order, unless by law or decision of government agencies, we must make changes retroactively, in those policies, Conditions or Privacy Statement; in this case, such possible changes will also affect orders that the customer has done previously.
27. APPLICABLE LAW AND JURISDICTION
The use of our website / app. and purchase contracts made through this page are governed by national legislation. Any dispute arising out of or related to the use of the webpage / app. or such contracts shall be subject to non-exclusive jurisdiction of the Portuguese courts. If the client is contracting as a consumer, nothing in this clause shall affect the rights that the legislation recognizes him to have.
28. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. We ask you to send comments and suggestions to our email. Furthermore, we make the official documents of complaint available to consumers and users. You may ask for them through our email.