Conditions of Purchase and Use
This document processes the conditions that determine the use of the MAJATU. STUDIO website and the purchasing of products in it (hereinafter “Conditions”).
We ask that you carefully read the terms and conditions and our privacy policies before using this website.
When using the website or placing an order through it, the customer is aware that he/ she must comply with all the conditions. Therefore, if you do not agree with all the conditions and our privacy policies, you should not use this website. If you continue to use it or order our products, you acknowledge and accept these Terms and Conditions.
These conditions MAY be changed, as it is your responsibility to carry out YOUR periodic reading, since the conditions in force at the time of use of the Celebration's webpage or contract (as defined below) are as applicable.
2. OUR DATA
This web page is executed under the designation MAINNE, LDA, a commercial company with quotas, headquartered on Rua da Gurita, n.º 83, União das Freguesia de Mazarefes and Vila Fria, 4935 - 836, Viana do Castelo municipality, NIPC 516080822, email firstname.lastname@example.org.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
4. USE OF OUR WEBSITE
When using our website and / or placing orders through it, the customer agrees to:
4.1 Use this website only to make legally valid inquiries or orders;
4.2 Does not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature has been placed, we will have 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 contracts.
5. AVAILABILITY OF THE SERVICE
The articles featured on this website are available for delivery worldwide.
If you wish you can order articles from another Continent or EU Member State, outside Portugal, through this website, and delivery times may vary between 2 to 3 weeks from the moment we receive the 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 conclude a contract of sale with us (the "Agreement").
You will subsequently receive an email acknowledging your order was received and details of the payment method ("Order confirmation").
After the payment has been completed, the package will be delivered by the logistics operator (carrier) to the delivery address indicated in the purchase and sale process and with the respective detailed invoice.
7. PRODUCT AVAILABILITY
All product orders will be subject to availability. In this sense, if there is any difficulty regarding the supply of merchandise or if there are no items in stock, we will inform you immediately, and we will refund any amount you may have already paid within 30 days.
Without discrimination to what is established in Clause 7, regarding product availability, and unless there are extraordinary circumstances, we will try to have the order delivered within a variable period of 2 to 3 weeks according to the ordered item and after the actual receipt of payment. MAJATU STUDIO's responsiveness varies according to stock availability.
If you do not receive your order within 30 (thirty) days from the date of payment, please send an email to email@example.com informing us of the occurrence. After this period, MAJATU STUDIO will not be responsible for the loss of the order.
If we are unable to comply with the delivery date for reasons not arising from our responsibility, we will inform you of this circumstance, giving you the option to continue with your purchase, establish a new delivery date, or cancel the order with full refund of the 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 product, which will be confirmed by the signature of the order receipt at the delivery address indicated.
7.2 IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave a notice 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 storage of the product and for new delivery attempts.
8. TRANSFER OF RISKS AND PROPERTY OF PRODUCTS
The product risks will be taken on by the customer from the moment of delivery.
The customer will acquire ownership of the product when we receive full payment of the amounts due for them, including shipping, or at the time of delivery (as defined in Clause 7.2 above), if this date is later.
9. 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 do occur. If we detect an error in the price of any of the products the customer has ordered, we will inform you as soon as possible and give you the option to confirm the order again at 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 will not be obliged to provide you with any product with the incorrect lower price (even if we have sent the Shipping Confirmation.) Even 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, which will be added to the total amount 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 which have already been sent out an Order Confirmation.
Once your purchase is made, all the items you would like to buy will be added to your shopping cart and the following steps will be to complete the order and payment.
To do this, you must follow the purchase process steps, filling in or checking the information requested in each step. In addition, during the purchase process, before payment, the customer can change his/ her order details.
If you are an already registered user, a record of all requests made by the user will be available in the "My Account" area.
You can make the payment through the payment management entity Paypal, mbway and ATM reference.
To reduce the risk of unauthorized access, your credit card details will be encrypted. After 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 theirs or that he/ she is the legitimate owner.
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.
9.1 VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
10. PURCHASE AS GUEST
This website also allows you to purchase through the guest purchase feature. In this modality of purchase, only the essential data are requested to be able to place your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as an unregistered user.
11. EXCHANGE POLICY
11.1 Right to terminate the contract
According to the applicable rules, the customer has the legally enshrined right to terminate the contract, within 14 days, after its conclusion without giving any reason.
The free resolution period will expire after 14 days from the day the customer (or a third party - other than the carrier - indicated by you) physically purchases several items in one order delivered separately, 14 days from the day on which the customer (or this third party indicated by you) physically purchased the last product.
In order to exercise the right of free termination of the contract, the client must contact us through our email address firstname.lastname@example.org regarding his/ her decision to terminate this contract by an unambiguous statement. The statement in which the consumer communicates, in his own words, the decision to terminate the contract (example: e-mail) is considered unequivocal.
The client can use the “free resolution” model form, as shown in the Annex.
To respect the term for the free termination of the contract, simply send your correspondence regarding your exercise of the right of withdrawal before the period of termination of the contract expires.
11.2 EFFECTS OF TERMINATION OF THE CONTRACT
If the customer terminates the Agreement, we will refund the amount paid for the products, excluding delivery and transportation costs.
We will refund using the same method of payment that the customer used for the original transaction. In any case, the customer will not pay any additional fees from the refund. Despite the above, we may withhold the refund until we receive the returned products 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, 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.
The deadline is met if the customer returns the products before the 14 day period has expired.
In the act of return, the respective products must be returned by carrier or via C.T.T. (post office), sending them in the same package received, with the invoice printout.
If you decide to return the items, and we collect them, we will be authorized to charge you for 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 through our email email@example.com.
All rights recognized by the law in force will be safeguarded.
11.3 DEFECTIVE PRODUCTS
In the cases where the product does not comply with the provisions of the contract at the time of delivery, 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 conditions using the methods referred to in 11.2, 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 or 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.
11.4 SIZE EXCHANGE
If the article purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request a size exchange, paying additional delivery service for the new article, while returning the original article. 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 an exchange 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 exchange request.
After choosing the correct size, we will send the new order, with the item in the requested size, within a period of 2 to 3 weeks from the requested date of exchange, and never beyond the maximum period of 30 days.
11.5 MODEL EXCHANGE
If the item purchased does not comply with the customer, he/ she has the possibility to request an exchange for another model, of higher, equal or lower cost, and he/ she will bear the differences in values (in case the new piece is of higher value) and additional delivery service of the new article, 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 by emailing email@example.com.
The original article must be returned without any delay, and never after 14 days from the 14 calendar day period since the requested exchange.
After choosing the new part, we will send the new order with the item in the requested model within a period of 2 to 3 weeks from the date of the request, and never beyond the maximum period of 30 days.
11.6 VARIATIONS THAT SHOULD NOT BE CONSIDERED DEFECTS FOR EXCHANGE EFFECTS
The products we sell, especially handmade products, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colours, may not be considered defective or damaged. On the contrary, you must count on their presence and enjoy 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.
11.7 RIGHT TO RESOLVE AND RETURN ORDERS ABROAD
If you have ordered items from another Continent or EU Member State, outside Portugal through this website, the above clauses apply.
Please note that we are under no circumstances obliged to pay shipping costs to addresses other than the original delivery address.
The provisions in this clause should not affect your rights as a consumer and user, nor your right to terminate the contract.
12. INTELLECTUAL PROPERTY
The customer acknowledges and consents all copyrights, trademark and other intellectual property rights in the materials or content that are provided as part of the website, at any time, ours or 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 have granted us the license for its use. This does not prevent you from using this web page to, as necessary, copy your order information or Contract data.
13. 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 must 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 agree 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 legislation and cooperate with them to find the attacker identity. 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 harmful 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.
14. WEB PAGE CONNECTIONS
If our website contains links to other pages and material 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.
15. 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 of our notification is 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 acknowledges that all contracts, notifications, information and other notifications sent electronically comply with the legal requirements for such notifications be made in writing.
This condition will not affect the rights recognized by law.
Customer notifications must be sent via social networks (Instagram) or via email firstname.lastname@example.org.
In accordance with the previous provisions and unless otherwise specified, we will send you notifications by email or to the postal address provided when placing an order.
Notifications will be considered to have been received, and correctly made, the moment the customer enters our website, twenty-four hours after sending an email or three days after the date of sending any letter.
To confirm the notification was made, it will serve to prove, in the case of a letter, that the address was correct, that it was correctly sealed and 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 customer.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract pledge is valid for both parties, 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 transfer, waive, embargo, 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 contractual position transfers, rights or obligations under this contract will also be subject to your prior consent.
In order to avoid any doubts, such transfers, duties, 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 expressed and tacit guarantees that we give you or may have given.
18. 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:
General strike, or other forms of protest that significantly affect the country;
Public order disturbances, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
Impossibility to use trains, boats, aircraft, motor transport or other means of transport, public or private;
5. 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 fulfill such obligations, for a period equal to the duration of the Reasons for Force Majeure.
We will use all reasonable means to stop the Force Majeure Reasons or to find a solution that allows us to fulfill our obligations under the Contract, despite the Force Majeure Reasons.
19. DISCLAIMER RIGHTS
The lack of requirement on our part for strict compliance by the client with any of the obligations assumed by him/ her under a Contract or these Conditions or the lack of action, on our part, of the rights or actions that are due under this Agreement or Conditions will not mean waiver or any limitation in relation to those rights or actions, nor will it 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, formalized and communicated to the customer, in writing, in accordance with the provisions of these conditions.
20. 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.
21. SINGLE AGREEMENT
These Conditions and documents which express references, are entirely agreed MAJATU Studio and the client, with respect to the Contract object, and replacement of any other pact, agreement or promise previously established between us and the client, verbally or in writing.
Both parties acknowledge and consent to enter 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 by both parties prior to this Agreement, except as expressly mentioned present Conditions.
22. 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.
23. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction has been completed through our website, we inform you that, in accordance with Regulation no. 524/2013, of the European Parliament and of the Council, of 21 May 2013, you are entitled to try to resolve any dispute out of court through access to the electronic online conflict resolution platform, 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.
TO WHICH CLAUSE 11.1 REFERS
(Fill and return this form only if you want to terminate the contract)
MODEL RESOLUTION FORM
To: MAINNE, LDA, a limited liability company, headquartered at Rua da Gurita, no. 83, União das Freguesias de Mazarefes and Vila Fria, 4935 - 836, Viana do Castelo municipality, NIPC 516080822 and e- mail email@example.com.
I hereby inform you that I terminate my contract for the sale of the following articles:
Ordered on / received at:
Consumer signature (only if this form is notified on paper)