Terms and Conditions of the Online Shop
These Terms and Conditions regulate the use of the website you have just accessed, owned by PASTCERAM - PASTAS CERAMICAS, S.A., as well as the terms and conditions of purchase and sale of the products sold through the respective online shop, henceforth simply referred to as the website and online shop.
Identification of the owner of the website and supplier of the products: The owner of the website and supplier of the products sold in the online shop is PASTCERAM - PASTAS CERÂMICAS, S.A, with headquarters at Zona Industrial do Casal da Areia, LT 38/39, 2460-392 Coz, Alcobaça, with NIPC 505689111, hereinafter referred to as "PASTCERAM", with telephone number 969 650 737 and email address [email protected].
Use of website
PASTCERAM reserves the right to change these Terms and Conditions at any time and without prior notice, only notifying the User with the new applicable Terms and Conditions. The breach of the provisions of these Terms and Conditions by the User constitutes grounds for its termination by PASTCERAM. In any case, the violation of the provisions of these Terms and Conditions by the User and regardless of whether or not they are terminated, always entitles PASTCERAM to be compensated for all damages arising therefrom. Furthermore, PASTCERAM reserves the right, at its own discretion, to terminate the use of the website and its functions and services by the User in question, with or without notification to him/her.
Customer Registration on the website
Mere access to the website and not subject to registration. However, in order to take advantage of the online shop, the User must register as a customer by creating a user account. For this purpose, the User will be asked to provide his or her personal details: Name and Surname, Email address and Password.
The User is responsible for the veracity, completeness and legality of the data provided, both at the time of registration and for the purposes of making purchases in the online shop, as well as their updating. Under these terms, the User shall be solely and exclusively responsible for any false or inaccurate statements made and, consequently, for compensating PASTCERAM for any losses it may suffer as a result of non-compliance with this provision. PASTCERAM has no access or knowledge of the password set by the User for the purpose of accessing the website, the User being responsible for ensuring the confidentiality of the password and ensuring its safekeeping and good use, as well as complying with good practices regarding the security of its account (in particular, changing the password regularly and avoiding connections through networks open to the public). As such, PASTCERAM cannot be held liable for damages resulting from the loss or misuse of the password defined by the User.
Total product price
The price of each of the products sold by PASTCERAM is duly indicated on the website, in Euros, including VAT at the legal rate in force.
The price of each of the products sold by PASTCERAM and indicated on the website, does not include the costs of delivery/ports of the products, which are added to the value of the order. Therefore, you should consult the prices available on the website. The transport costs of the products and, if applicable, the products free of transport costs, will be presented to the User at the moment immediately prior to the Order Confirmation. Product Sales and Purchasing
MBWAY (valid only for sales with delivery destination in Portugal);
Credit card. Before finalizing the order, the User should read the "Terms and Conditions", inserting the symbol of agreement in the available square, only in case of accepting them. The acceptance of the "Terms and Conditions" is an absolute requirement for the continuation of the operation. The User shall immediately print and file the Terms and Conditions for future reference.
When confirming the order, the User shall enter into a purchase and sale contract with PASTCERAM, expressing his/her full and complete acceptance of the description of the products contemplated in the transaction, their prices and these Terms and Conditions, which contain the only provisions applicable between the User and PASTCERAM.
After Confirmation of Order by the User, the User will receive an email confirming that his/her order has been received by PASTCERAM (Order Confirmation email). This email will contain a summary of the information about the order placed, including the name/reference of the product(s) purchased, the total price of the order, associated transport costs and place of delivery/delivery times, as well as, if applicable, the data for payment by the User and the respective deadline. Should any data not be correct, the User must immediately ask PASTCERAM to change it.
When the payment of the total price of the products is made, the invoice will be issued and sent to the email provided by the User. Once issued, the invoice cannot be reissued with alterations.
With the Order Confirmation by the User, the contract for the purchase and sale of the products made available in the online shop by PASTCERAM is formalized, being its effectiveness, however, dependent on the validity / approval of full payment of the total price of the products and their availability in stock.
All orders for products in the online shop will be subject to their availability in stock. PASTCERAM is not obliged to supply products which are unavailable, so if the products ordered are not available in stock, PASTCERAM will inform the User immediately upon becoming aware of such unavailability, giving him the option to: a) pick up his products later, when they are available; b) replace the unavailable products with other products of equivalent quality and price, if any; or c) cancel the order and be refunded the amount paid, within 30 days of cancellation of the order.
Delivery of products and their deadlines
The purchase contract has been formalised, payment in full of the total price of the products has been validated, and provided that the products purchased are available, all in accordance with the terms set out in the previous clauses, PASTCERAM will send the User the information on the delivery of the products and the respective deadlines, in accordance with the terms set out in the previous clause.
Notwithstanding the deadlines set out, delays may occur for any of the following reasons, which are not attributable to PASTCERAM, and therefore will not entitle the User to any compensation:
Delays by the carrier;
Difficulties in delivery to the recipient;
PASTCERAM refuses any responsibility for any delay or impossibility to deliver the order, arising from acts for which it is not responsible. For the purposes of these Terms and Conditions, a "delivery" is considered to have been made or a product is considered to have been "delivered" with the confirmation of delivery to the agreed address.
PASTCERAM does not make exchanges. Therefore, in the event of a mistake by the User, the latter must return the product, applying the provisions of the Right of Resolution clause, and then place a new order, with the products he wishes.
Product conformity guarantee
The products are not in conformity with the purchase contract when any of the following facts occur: When the products are not suitable for the specific use for which the User intended them and of which he/she informed PASTCERAM when signing the contract and which he/she accepted; Under Consumer Law, the general guarantee period for new products is 2 (two) years from the date of delivery of the products to the User, provided that the defect in the product is reported to PASTCERAM within a maximum period of 2 months from the date it was detected. will apply.
There shall be no lack of conformity or defects in the products within the meaning of the applicable law if, at the time the contract is concluded, the User was aware of this lack of conformity or defects or could not reasonably ignore them.
There shall also be no lack of conformity or defects in the products, for which PASTCERAM is responsible, the occurrence of vices or defects for which PASTCERAM is not responsible, namely when they occur:
PASTCERAM reserves the right to assess the alleged defect, and to verify it.
In the event of any non-conformity of PASTCERAM's responsibility, the User will have the possibility to choose between one of the following options (the legal possibility of repair is excluded, as it is incompatible with the nature of the products marketed by PASTCERAM):
Product repair (if compatible with the nature of the products and the defect in question);
Replacement of the product with another of identical characteristics;
Reduction of the price paid for the products;
Termination of the Contract, in accordance with the following Clause.
The costs with the return or collection of the products within the guarantee shall be borne by PASTCERAM whenever it is concluded that the non-conformity in question is under the guarantee period.
Should the assessment carried out on the product lead to the conclusion that there is no non-conformity of the product, PASTCERAM shall communicate such decision to the User.
Right of free termination of contract
The User has the right to freely terminate this contract within 14 calendar days, without giving any reason.
The right of free cancellation may be exercised by the User for all products purchased or only for some of the products included in an order.
Form MODEL FREE RESOLUTION FORM
(MUST ONLY FILL AND RETURN THIS FORM if you WANT TO RESOLVE THE CONTRACT)
Contributor: General Telephone:
Order from ____/____/_____.
Received from ____/____/_____. Customer Address:/> Customer Phone Number:/> Customer Email:/> Consumer Signature (only if this form is notified on paper):/> _________________________________________________________________________________________________. Place: ___________________. Date ____/____/_____.
For the withdrawal period to be observed, it is sufficient that the communication concerning the exercise of the free right of withdrawal be sent before the expiry of the withdrawal period provided for in paragraph 2 of this Clause.
Obligations of the parties arising from the free termination of the contract
When the products have already been delivered to the User, the latter must, within 14 days from the date on which he notified PASTCERAM of his decision to terminate the contract, return or deliver the products to PASTCERAM, and it is up to him to bear the costs of returning the products.
In case of termination of this contract before the User withdraws the order, all payments made by the User will be refunded PASTCERAM reserves the right to withhold the refund of the amounts paid by the User as long as the products are not returned to the User. The User may not terminate the contract when the transacted product has been, in any of its components, made in accordance with the User's specifications or customized.
The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and object code of the Platform, as well as of third party tools and applications and of the software associated with its operation, nor will it remove any notices of confidentiality or intellectual property.
The User undertakes to fully indemnify PASTCERAM for any damages, costs or expenses that it incurs as a result of claims of any kind or nature directed against it by third parties, based on the violation of third party rights, including intellectual property rights related to the use of content made available, provided or made available through the site and the services associated with it, including for damages paid to third parties by agreement with them.
Personal Data Protection
To the maximum extent permitted by law, PASTCERAM will only be liable for damage caused by gross negligence or intent. PASTCERAM does not assume any liability for the continuous availability of its website, and in particular of mobile networks, the Internet and mobile devices.
User support and complaints
Alternative dispute resolution
PASTCERAM informs that, under the terms of the Consumer Protection Law, consumer disputes of low economic value (less than EUR 5,000.00) are subject to the necessary arbitration or mediation, whenever, at the express option of consumers, they are submitted to the arbitration tribunal attached to legally authorised consumer dispute centres. Thus, in the event of a dispute, the final consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or apply for legal aid, under the terms laid down by law).
More, under Regulation (EU) 524/2013 of the European Parliament and of the Council, the user may access the Online Dispute Resolution Platform (RLL) at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, where information is available on the possibility of resorting to it to resolve their disputes.
Terms and Conditions updated in 2020/09/01.