Terms of service
PURCHASE AND USE CONDITIONS
This document establishes the conditions that determine the use of this website (https://guajastudio.com) and the purchase of products on it (hereinafter "Conditions").
We ask that you read the conditions carefully.
When using this website or placing an order through it, the customer is aware that he must comply with these conditions.
If you do not agree with all conditions, you should not use this site.
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 entering into the contract (as defined below) are those that will apply.
2. OUR DATA
This website is executed under the name GUAJA by the Apology of Dialogue, Unipessoal, LDA, a sole proprietorship commercial company, with headquarters at Rua do Tapado, Bloco B, n.º 140, 2º Dto, 4805-491 Guimarães, NIPC 515667315, with phone number 937424942 and email firstname.lastname@example.org
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The Contract may be formalized, at your choice, in any of the languages in which the Conditions
are available on this web page.
By using this website, the customer is consenting to the treatment of said
information and data and declares that all information or data you provide is true and corresponds to reality.
4. USE OF OUR WEBSITE
When 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 have the authorization to cancel it and inform the competent authorities.
4.3. Provide us with your email address, postal address and/or other contact details, in a true and accurate manner. You also consent to the use of the information provided to contact the customer.
If you do not provide us with all the necessary information, we will not be able to proceed with your order.
When placing an order through this website, you declare that you are over 18 and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The articles featured on this website are available for delivery worldwide.
If you wish, you can order items from another Continent or EU Member State, outside Portugal, through this website, and delivery times vary between 2 to 8 working days from the moment we receive payment.
6. CONTRACT CELEBRATION
To place an order, you must follow the online purchase procedure and click on «Confirm Order», before reading and accepting these Purchase Conditions. In doing so, you are entering into a purchase and sale agreement with us (the “Agreement”).
subsequently, an e-mail acknowledging receipt of your order and details of the payment method.
After payment, your order will be delivered by the logistics operator (CTT) to the delivery address indicated in the purchase process and with the respective detailed invoice.
7. PRODUCT AVAILABILITY
All product orders will be subject to product 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 you may have paid within 30 days.
Without prejudice to what is established in Clause 7, regarding the availability of products, and unless there are extraordinary circumstances, we will try to have the order delivered within 1 to 5 working days according to the ordered item and after actual payment has been received.
The responsiveness of the GUAJA. within the aforementioned periods, it varies according to the availability of the stock, as well as during the promotions, sales and Christmas periods.
If you do not receive your order within a maximum period of 30 (thirty) days from the date of payment of the order, please send an email to email@example.com informing us of what happened. After this period, the GUAJA. cannot be held responsible for the loss of the order.
If we are unable to comply with the delivery date for reasons other than our responsibility, we will inform you of this circumstance by giving you the option to continue with your purchase, establish a new delivery date, or cancel the order with a refund total amount paid, without prejudice to all other rights that assist you under the terms of the applicable legislation.
According to these conditions, the "delivery" must have been carried out or the order "delivered" when the customer or a third party indicated by you is physically in possession of the products, which will be evidenced by the signature of the order receipt at the delivery address indicated.
9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us 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 are not at the place of delivery at the agreed time, we ask that you contact us so that we can arrange the delivery for another day.
Please note that in case of non-delivery of the product within the stipulated period, you may be charged for the costs of storing the products and for new delivery attempts.
10. TRANSFER OF RISKS AND PROPERTY OF PRODUCTS
The product risks 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 for them, including shipping costs, or at the time of delivery (according to the definition in Clause 8 above), if this date is later.
11. PRICE AND PAYMENT
The price of each product will be the one that is stipulated, at each moment, on our website, except in case of evident error. Although we try to ensure that all prices on the page are correct, errors can 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 confirm the order again with the correct price or to cancel it. If we are unable to contact the customer, the order will be cancelled and the amount paid will be refunded in full.
We are not obliged to provide you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the error in the price is obvious and unambiguous and if it could have been reasonably 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 due in the checkout process.
Prices can be changed at any time, but (except under the terms set out above) the possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all the items you want to buy have been added to your cart and the next steps will be the completion of the order and payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step.
In addition, during the purchase process, before payment, the customer can change the order details.
The user has a detailed description of the purchase process in the Purchase Guide.
You can make the payment through the payment management entity Paypal and credit cards (Visa, Mastercard, American Express, Affinity Card) through the payment provider Stripe, or reference ATM, pay shop and mbway. To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.
If your form of payment is Paypal, the debit will be made when we confirm your order.
By clicking on «Checkout», the customer confirms that the credit card is his or that he is the legitimate owner of the payment card.
Credit cards are subject to checks and authorizations by the issuing entities, but if they do not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with the customer.
12. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
13. EXCHANGE POLICY
13.1 Right to terminate the contract
According to the applicable rules, if you are contracting as a consumer, the client has the legally enshrined right to terminate the contract, within 14 days, after its conclusion without giving any reason.
The withdrawal period will expire after 14 days from the day when 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 you indicated) physically purchased the latest product. To exercise the right to withdraw from the contract, the client can contact us via social networks (Facebook, Pinterest or Instagram) or through our email firstname.lastname@example.org of his decision to terminate this contract by an unambiguous statement (example: a letter sent by post or e-mail).
The customer can use the model resolution form, as shown in the Annex. However, the consumer can exercise the right of free withdrawal by any means, and the use of any of the aforementioned means is not mandatory.
To respect the term for the free termination of the contract, just send your communication regarding your exercise of the right of withdrawal before the period of termination of the contract expires.
13.2 Effects of termination of the contract:
If the customer terminates the Contract, we will refund the amount paid for the products, excluding delivery and transportation costs.
We will make 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 the said refund. Despite the above, we may withhold the refund until we receive the products back and after confirming the condition of the products.
To validate the state of conservation, products must have the following characteristics:
a) The parts have not been used, and have no smells, stains, or marks of use.
b) The product (s) keep their original characteristics and interior labels intact;
c) The product (s) are complete. All material accompanying orders must be returned, excluding wrapping paper and cardboard.
The deadline is met if the customer returns the products before the 14-day period has expired.
The customer is responsible only for an eventual decrease in the value of the goods resulting from delivery.
All rights recognized by the law in force will be safeguarded.
Upon return, the respective products must be returned by carrier or via C.T.T., sending them in the same package received, with a printout of the invoice.
If you decide to return the items to us for collection, we will be authorized to collect the expenses we may incur.
After examining the article, we will inform you if you are entitled to a refund of the amounts paid.
If you have any questions, please contact us at email@example.com.
13.3 Defective products
In cases where you consider that, at the time of delivery, the product is not in accordance with the provisions of the contract, the customer must contact us within the period of two months legally fixed, being told what to do.
You can return the product under the terms and using the methods referred to in 13.2, being subsequently refunded the corresponding amount.
As legally established, instead of cancelling the contract (and consequent return of the asset and refund), you can also choose to replace the product.
The refund of the price or the replacement of the product must occur as soon as possible and, in any case, within no less than 30 days.
All rights recognized by the law in force will be safeguarded.
13.4 Change of size
If the item purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request the size change, and paying additional delivery service for the new item, while returning the original item. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal point of view and from a contractual point of view. You can request a size change via the email mentioned above (firstname.lastname@example.org).
The original article must be returned without any delay, and never after 14 days from the 14 calendar day period since the size change request.
After choosing the piece with the correct size, we will send the new order with the item in the requested size between 1 to 5 working days from the date of the size change request, and never beyond the maximum period of 30 days.
Please note that if, after 14 calendar days from the date of the size change order, you have not delivered the original item, we reserve the right to charge you the costs corresponding to the new order generated, in accordance with the provisions of these terms and conditions.
13.5 Changing the Model
If the item purchased by the customer does not please him, the customer has the possibility to request the exchange for another model, with a higher, lower or equal cost, which will support the differences in values (in case the new piece is of higher value) and additional delivery service for the new item, while returning the original item. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal point of view and from a contractual point of view. You can request the exchange through the email mentioned above (email@example.com).
The original item must be returned without any delay, and never after 14 days from the 14 calendar day period since the exchange request.
After choosing the new piece, we will send the new order with the article in the requested size between 1 to 5 working days from the date of the order to change the size, and never beyond the maximum period of 30 days.
Please note that if, after 14 calendar days from the date of the exchange order, you have not delivered the original item, we reserve the right to charge you the costs corresponding to the new order generated, in accordance with the provisions of these terms and conditions.
13.6 Variations that should not be considered defects
The products we sell, especially made by hand, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, knot texture and colors, may not be considered defects or damages. On the contrary, you must count on their presence and appreciate them. We only select products of the highest quality, but features are inevitable and must be accepted as part of the individual appearance of the product.
13.7 Right of withdrawal and return of orders from abroad
If you have ordered items from another Continent or EU Member State outside Portugal through this website, the above clauses apply with the restriction that the transport determined by us can only be carried out to the original delivery address within Portugal.
We also inform you that we are not under any circumstances obliged to pay shipping costs to addresses other than the original delivery address, nor the costs of returning destinations outside Portugal.
The provisions in this clause should not affect your rights as a consumer and user, nor your right to terminate the contract.
14. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, ours or from those who granted us the license to their use. The customer may only use this material in the manner expressly authorized by us or by those who granted us the license for its use. This does not prevent you from using this web page to, as necessary, copy information about your order or Contract data.
15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You should not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You should not obtain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website.
You undertake not to attack this web page 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 non-compliance with the said legislation and 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 damaging program or material that may affect your computer, computer equipment, data or materials, as a result of using this website or downloading content from it or from content to which it redirects.
16. CONNECTIONS FROM OUR WEB PAGE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only, without any control over the content of those pages or materials. Therefore, we will not accept any liability for damage or loss due to its use.
17. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notifications we send 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 posted on this website.
For contractual purposes, the customer agrees to use this electronic means of communication and recognizes that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing.
This condition will not affect the rights recognized by law.
Customer notifications must be sent via social networks (Facebook, Pinterest and Instagram), through our contact form or to email firstname.lastname@example.org.
In accordance with the provisions of the previous Clause and unless otherwise specified, we will send you notifications by email or to the postal address provided when placing your order.
Notifications will be deemed to have been received, and correctly made, the moment the customer enters our website, 24 hours after sending an email or three days after the date of the franchise of any letter.
To prove that the notification was 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 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
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment is valid for you and us, as well as our respective successors, people who have benefited from transfers made by us and heirs. You may not transmit, waive, terminate or in any other way transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.
We may transmit, waive, terminate, subcontract or, in any other way, transfer a contract or any of the rights or obligations derived therefrom, at any time during the term of the contract, to any company.
All other transfers of our contractual position, rights or obligations under this contract will also be subject to your prior consent.
In order to avoid any doubts, such transfers, assignments, embargoes or other transfers must not affect the rights that you, as applicable, hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and tacit guarantees that we give you we may have given.
20. REASONS FOR FORCE MAJEURE
We will not be responsible for any breach or delay of any of the obligations assumed by us under a Contract whose cause is due to events that are beyond our control (Reasons for Force Majeure).
The concept of Force Majeure must include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following:
i. General strike, or other forms of protest that significantly affect the country.
ii. Public order disturbances, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
iv. Inability to use trains, boats, aircraft, motor transport or other means of transport, public or private.
v. Inability to use public or private telecommunications systems.
Our obligations under the Contracts will be deemed to be suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfil such obligations, for a period equal to the duration of the Reasons for Force Majeure. Force Majeure.
We will use all reasonable means to stop the Force Majeure Reasons or to find a solution that allows us to fulfil our obligations under the Contract, despite the Force Majeure Reasons.
21. DISCLAIMER RIGHTS
The lack of requirement on our part for the strict fulfilment by the customer of 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 by virtue of this Agreement or Conditions will not mean waiver or any limitation in relation to those rights or actions, nor exonerate the customer from fulfilling its obligations.
No waiver, on our part, of a concrete right or action, will imply a waiver of our rights or actions derived from the Contract or the Conditions.
No waiver, on our part, of any of the present Conditions or the rights or actions derived from the Contract, will take effect, unless it is expressly established that this is a waiver, formalize and communicate to the customer, in writing, in accordance with the provisions of these conditions.
22. PARTIAL CANCELLATION
If any of the present 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 effect, without being affected by this declaration of nullity.
23. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement between us and the client, with respect to the object of the Contract, and replace any other pact, agreement or promise previously established between us and the client, either verbally or by writing.
We and the customer acknowledge that we have consented to enter into the Agreement 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 Agreement, except as expressly mentioned in the present Conditions.
24. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by the legislation in force.
25. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction has been completed through our website, we inform you - in accordance with EU Regulation No. 524/2013 - that you have the option of trying to resolve any dispute in an extrajudicial way through access to the electronic platform of online conflict resolution 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, through the website www.consumidor.pt.
WHAT CLAUSE 13.1 REFERS TO.
(Fill and return this form only if you want to terminate the contract)
MODEL RESOLUTION FORM
To: Apology of Dialogue, Unipessoal, LDA, sole proprietorship commercial company, based in Rua do Tapado, Bloco B, n.º 140, 2º Dto, 4805-491 Guimarães, NIPC 515667315 (e-mail email@example.com )
I hereby inform you that I terminate my contract for the sale of the following articles:
Ordered on / received on:
Consumer signature (only if this form is notified on paper)