This document (hereinafter simply the “Terms and Conditions”) governs the general terms and conditions of use of the website https://graffitostore.com/, which you have just accessed and which is owned by PASTCERAM – PASTAS CERÂMICAS, S.A., as well as the terms and conditions for the purchase and sale of products marketed through its online store, hereinafter simply referred to as the website and the online store.

1. IDENTIFICATION OF THE WEBSITE OWNER AND PRODUCT SUPPLIER:

1.1. The owner of the website and supplier of the products marketed through the online store is PASTCERAM – PASTAS CERÂMICAS, S.A., with registered office at Zona Industrial do Casal da Areia, LT 38/39, 2460-392 Coz, Alcobaça, Portugal, tax identification number (NIPC) 505689111, hereinafter referred to as “PASTCERAM”.

1.2. User information:

Email: cliente@graffitostore.com;
Telephone: +351 262 545 128 (Call to the Portuguese fixed network);
Mobile: +351 969 650 737 (Call to the Portuguese mobile network).

2. USE OF THE WEBSITE

2.1. Use of the website, whether by simple browsing or by establishing a commercial relationship with PASTCERAM through its online store, grants you the status of User and implies full and unconditional acceptance of all provisions included in these Terms and Conditions, as well as in the Privacy Policy, in force each time you access the website.

2.2. These Terms and Conditions apply to all Users of the website, including, without limitation, visitors, customers and other persons not specifically identified.

2.3. The contractual proposal concerning the purchase and sale of products marketed by PASTCERAM through the online store is addressed only to adults with full legal capacity who may therefore be held responsible for the commitments arising from the purchase and sale of the products marketed by PASTCERAM.

2.4. If the User does not agree with these Terms and Conditions in their entirety, the User must not access the website or the functionalities and services associated with it, namely the online store. In particular, any purchase made through the online store depends on acceptance of these Terms and Conditions; therefore, if the User does not accept them, the User will not be able to make purchases through the online store.

2.5. By accepting these Terms and Conditions, the User accepts them in their own name and/or on behalf of the organisation they represent (if applicable). When placing orders through our online store, the User declares that they are over 18 years of age, guaranteeing that they have full legal capacity for the acts they perform and the necessary authority to make such acceptance.

Furthermore, by accepting these Terms and Conditions, the User expressly declares that they will not use the website or the functionalities and services associated with its use for any illegal and/or unlawful purposes.

2.6. PASTCERAM reserves the right to amend these Terms and Conditions at any time and without prior notice. The User should therefore consult the Terms and Conditions before each use of the website and its associated functionalities and services, in particular before each use of the online store.

2.7. Without prejudice to the preceding paragraph, any amendments to the Terms and Conditions made after confirmation of an order shall not bind the User in relation to that order. The Terms and Conditions in force on the date of confirmation of each order shall apply.

2.8. PASTCERAM ensures account security within the security measures reasonably expected and appropriate for platforms such as the website and its online store.

2.9. PASTCERAM is not liable for losses arising from interference, interruptions, computer viruses, failures or disconnections of the operating system that may temporarily prevent Users from accessing, browsing or using the services.

2.10. Under no circumstances may PASTCERAM and/or its representatives and employees be held liable for any damage that may arise, even accidentally, from malfunction of the website, for any reason and regardless of how long such malfunction lasts, or for any damage caused by reproduction, use or exploitation.

2.11. A breach of these Terms and Conditions by the User constitutes grounds for termination by PASTCERAM. In any event, a breach of these Terms and Conditions by the User, whether or not termination occurs, always entitles PASTCERAM to compensation for all losses arising therefrom.

In addition, PASTCERAM reserves the right, at its discretion, to terminate the User’s use of the website and its respective functionalities and services, with or without notice to the User.

3. CUSTOMER REGISTRATION ON THE WEBSITE

3.1. Mere access to the website does not require registration. To use all website functionalities and services, namely the online store, the User must provide the requested contact, billing, delivery and payment details and may choose to create a User account, in which case a password will also be requested.

3.2. The User is responsible for the accuracy, completeness and legality of the data provided, both at the time of registration and for purchases made through the online store, as well as for keeping such data up to date. Accordingly, the User shall be solely and exclusively responsible for any false or inaccurate statements made and, consequently, for compensating PASTCERAM for all losses it may suffer as a result of failure to comply with this provision.

3.3. All content entered in the User’s account, as well as all activity taking place through it, is the User’s responsibility. PASTCERAM has no obligation to monitor content or the User’s compliance or non-compliance with any responsibilities, including obligations towards other Users or national authorities.

3.4. PASTCERAM has no access to or knowledge of the password set by the User for access to the website. The User is responsible for keeping the password confidential, safeguarding it and using it properly, as well as following good account-security practices (in particular, changing the password regularly and avoiding connections through public open networks).

Accordingly, PASTCERAM cannot be held liable for losses arising from the loss or improper use of the password set by the User.

4. PRODUCTS

4.1. The website offers a wide range of products marketed by PASTCERAM through the online store.

4.2. All such products are illustrated with photographs and an indication of their essential characteristics and are available for purchase by both Consumers and Professionals.

4.3. PASTCERAM has made every effort to ensure that the information presented on the website and in the online store is free from typographical errors and, whenever such errors occur, PASTCERAM will correct them as soon as possible. PASTCERAM will likewise use its best efforts to keep the product information contained on the website and in the online store up to date.

4.4. PASTCERAM may at any time amend, delete or move any information on the website and in the online store without prior notice, including information relating to products, prices, promotions, offers, commercial conditions and services.

4.5. The User expressly accepts and agrees to the following:

a) Photographs displayed on the website are for illustrative purposes only. The User must carefully and fully read the information describing the essential characteristics of the products on the website, as well as the relevant ingredients, warnings and instructions for use. In case of doubt, the User must contact PASTCERAM to obtain any additional information, by completing the information request form or contacting us by email or telephone using the details indicated in point 1.2.;
b) Detailed information on products and their characteristics/specifications may be obtained from PASTCERAM;
c) All products offered for sale on the website are subject to available stock, without prejudice to PASTCERAM’s efforts to provide up-to-date information on the availability of products included in the shopping cart;
d) PASTCERAM accepts no liability for discontinued items;
e) Prices and products made available on the website are valid only for commercial transactions carried out through the online store.

4.6. The information made available on the PASTCERAM website and its online store concerning products intended for human consumption does not replace the need to consult the label of those products upon receipt by the User and before consumption. The User must always read the nutritional information, list of ingredients, recommendations for use and/or storage, warnings, and all mandatory and/or voluntary information concerning a Product before using or consuming it. PASTCERAM is not responsible for any consequences resulting from failure to consult the information appearing on the labels.

5. PRODUCT PRICES AND OTHER INFORMATION

5.1. Items offered for sale are subject to available stock, and PASTCERAM is not obliged to market any product that is not available in stock.

5.2. After selecting the desired products, the User must select the “CHECKOUT” option and then log in to their account (if they have not already done so), create a new registration if they are not yet registered, or choose to proceed as a guest, in accordance with Clause 3.

5.3. To complete the order, the User must enter the requested personal data. If the User has registered as a customer, the above data will be requested only for the first purchase through the website and will be stored for future purchases. It will therefore not be requested again, and the User will only need to log in to the website in the future.

5.4. The User must also provide the desired delivery and billing details.

5.5. The available delivery locations and the respective estimated delivery times may be consulted here.

5.6. At that stage, the User will be informed of the shipping cost payable for the order, as well as the estimated dispatch and delivery times, in business days.

5.7. The User must then choose the delivery method and payment method from the following options:

Delivery method:

a) DPD (all Europe);
b) TDV – TRANSPORTES DO VALADO (mainland Portugal only);
c) GIRO CARGA (mainland Portugal only);
d) CTT (Portugal only);
e) CORREOS EXPRESS (mainland Spain only);
f) TORRESTIR (Spain and France);
g) In-store collection.

Payment method:

a) PayPal;
b) MULTIBANCO;
c) MB WAY (valid only for sales with delivery destination in Portugal);
d) Debit card or credit card;
e) Apple Pay, Google Pay or PIX – ifthenpay Gateway;
f) Bank transfer;
g) Klarna.

5.8. Before confirming the Order, the User undertakes to check the details contained in the order summary, confirming the User details, the products selected in the shopping cart, the delivery method and the payment method, and must return to the previous steps to correct any discrepancy detected.

5.9. Before completing the order, the User must read the “Terms and Conditions” and tick the agreement box only if they accept them. Acceptance of the “Terms and Conditions” is an absolute requirement for proceeding with the transaction. The User should immediately print and retain the Terms and Conditions for future reference.

5.10. By confirming the order, the User enters into a purchase and sale agreement with PASTCERAM, expressing full and complete acceptance of the description of the products included in the transaction, their respective prices and these Terms and Conditions, which contain the sole provisions applicable between the User and PASTCERAM.

6. ORDER CONFIRMATION AND FORMATION OF THE CONTRACT

6.1. After completing the previous steps and reading and confirming acceptance of these Terms and Conditions and the Privacy Notice, the User may complete the order.

6.2. By confirming the order, the User enters into a purchase and sale agreement with PASTCERAM, expressing full and complete acceptance of the description of the products included in the transaction, their respective prices and these Terms and Conditions, which contain the sole provisions applicable between the User and PASTCERAM.

6.3. After the User confirms the Order, the User will receive an email confirming that the order has been received by PASTCERAM (Order Confirmation email).

This email will contain a summary of the order information, including the product name/reference, total price, chosen shipping option and associated transport costs, as well as the payment method selected by the User and the relevant deadline (where the User has not selected automatic payment by credit card, for example). If any information is incorrect, the User must immediately request that PASTCERAM amend it.

6.4. Once the total price of the products has been paid, the invoice will be issued and sent digitally to the email address provided by the User. Once issued, the invoice cannot be reissued with amendments.

6.5. With the User’s Order Confirmation, accompanied by subsequent full payment of the total price of the products, the purchase and sale agreement for the products is formalised. Its effectiveness nevertheless remains subject to product availability in stock, in accordance with the following paragraphs.

6.6. All orders for products in the online store are subject to stock availability. PASTCERAM is not obliged to supply unavailable products. If ordered products are not in stock, PASTCERAM will inform the User immediately upon becoming aware of the unavailability and will act in accordance with the following paragraphs.

6.7. If one or more products are temporarily unavailable in stock, making delivery within the agreed times impossible, PASTCERAM will contact the User and seek to agree on: i) a new delivery deadline, in which case the order will proceed only after the User’s consent; ii) the supply of a product of equivalent quality and price, where available, in which case the order will likewise proceed only after the User’s consent; or iii) cancellation of the order in relation to the missing products, with reimbursement of the amounts paid by the User.

6.8. If none of the situations described in the preceding paragraph is accepted by the User, the order will be cancelled in relation to the missing products, and PASTCERAM will refund the amounts paid by the User within a maximum of 30 (thirty) days after notification of the cancellation.

7. DELIVERY OF PRODUCTS AND DELIVERY TIMES

7.1. Once the purchase and sale agreement has been formalised, the total price of the products has been paid in full and the purchased products are available, PASTCERAM will send the User delivery information in accordance with the option selected by the User.

7.2. Notwithstanding the indicated timeframes, delays may occur for reasons not attributable to PASTCERAM and therefore do not entitle the User to compensation, including delays by the carrier, difficulties in delivering to the recipient or local public holidays.

7.3. The User must ensure that someone is present at the product delivery address on the date indicated by PASTCERAM.

7.4. PASTCERAM accepts no liability for any delay or impossibility of delivering the order arising from acts for which it is not responsible.

7.5. The deadline for delivery of ordered products is 30 days from the day following confirmation of payment of the total price of the products.

7.6. For the purposes of these Terms and Conditions, a “delivery” is deemed to have taken place, or a product is deemed “delivered”, upon signature of the delivery receipt at the agreed address.

7.7. PASTCERAM does not make exchanges. Therefore, if the User makes a mistake, the User must return the product in accordance with the clause on the Right of Withdrawal and then place a new order for the desired products.

7.8. If the “In-store collection” delivery method is selected, PASTCERAM will notify the User, through the email address indicated in the order, when the products are available for collection. The notification is deemed to have been made on the date it is sent.

7.9. The User must collect the order within a maximum period of 14 (fourteen) business days from that date, during the physical store’s opening hours.

7.10. If the User does not collect the order within the period referred to in the preceding paragraph, PASTCERAM may inform the User of the need to collect it and grant an additional period of 5 (five) business days for that purpose.

7.11. If the additional period referred to above expires without the User collecting the order, PASTCERAM may cancel the order, without prejudice to the rights available to the User under applicable law.

7.12. The additional communication provided for in point 7.10 will be sent by email to the address indicated by the User in the order, informing the User that the initial period has expired and that, if collection is not made within the additional period granted, PASTCERAM may cancel the order. A record of the sending of that communication will be kept.

7.13. If a User who qualifies as a consumer expressly exercises the right of withdrawal, the matter will be dealt with separately in accordance with the regime established by Portuguese Decree-Law No. 24/2014 of 14 February, and PASTCERAM must refund the payments received in accordance with the terms and deadlines set out in Article 12 of that legislation.

The mere fact that the order was placed online with the option of in-store collection does not, in itself, exclude that right, without prejudice to the exceptions provided for by law.

7.14. Mere failure to collect the order, without exercising the right of withdrawal, does not constitute exercise of that right and does not in itself give rise to an automatic right to reimbursement under that regime. Cancellation due to failure to collect likewise does not automatically entail forfeiture of the amounts paid by the User; the situation must be assessed in accordance with applicable law.

8. GUARANTEE OF PRODUCT CONFORMITY

8.1. This clause applies exclusively to sales made to final consumers, as defined in Portuguese Decree-Law No. 84/2021 of 18 October, as subsequently amended.

8.2. PASTCERAM is liable for any lack of conformity of the products existing at the time they are delivered to the User.

8.3. Products are not in conformity with the purchase and sale agreement where any of the following applies:

a) The products do not conform to the description provided by PASTCERAM on its website or do not possess the qualities that PASTCERAM presented to the User as a sample or model;
b) The products are not suitable for the specific use for which the User intends them and of which the User informed PASTCERAM when entering into the agreement, where PASTCERAM accepted that use;
c) The products are not suitable for the uses normally made of goods of the same type;
d) The products do not display the qualities and performance usual for goods of the same type and which the User may reasonably expect, having regard to the nature of the goods and, where applicable, to public statements concerning their specific characteristics made by PASTCERAM or the brand, including in advertising or labelling.

8.4. Under consumer law, the general product guarantee period is 3 (three) years for new products, starting from the date of delivery to the User, without prejudice to any longer manufacturer’s guarantee. In sales to professionals, PASTCERAM is also liable for any defect in the products existing when they are delivered to the User, with a guarantee period of 6 (six) months from the date of delivery.

8.5. In the case of perishable products subject to an expiry date, the User accepts that their conformity can only be expected during the applicable shelf-life period.

9. GUARANTEE EXCLUSIONS

9.1. No lack of conformity or defect in the products, within the meaning of applicable law, shall be deemed to exist if, at the time the agreement is concluded, the User was aware of that lack of conformity or defect or could not reasonably have been unaware of it.

9.2. Likewise, no lack of conformity or defect attributable to PASTCERAM shall be deemed to exist where defects or faults arise for reasons for which PASTCERAM is not responsible, including where they result from:

a) Failure to use and/or store the products carefully, diligently and/or in accordance with the relevant instructions;
b) Use of the products for a purpose other than that for which they are intended;
c) Production of the products according to the customer’s requests and specific characteristics indicated by the customer;
d) Normal use/consumption of the products;
e) Modification or alteration of the products, or improper opening of them, including breach of any internal seals.

10. PROCEDURE FOR INVOKING THE GUARANTEE

10.1. If the purchased Product is not in conformity or has a defect, the User must inform PASTCERAM, presenting the relevant invoice and describing the lack of conformity. The products concerned must be delivered to PASTCERAM for assessment.

10.2. After PASTCERAM receives the products, the reported lack of conformity will be assessed. Where a lack of conformity for which PASTCERAM is responsible is confirmed, the User may choose one of the following options, subject to reasonableness and proportionality (repair is excluded because it is incompatible with the products concerned):

a) Replacement of the product with another having identical characteristics;
b) Reduction of the price paid for the products;
c) Termination of the Agreement, in accordance with the following Clause.

10.3. The costs of returning or collecting products under guarantee will be borne by PASTCERAM whenever it is concluded that the lack of conformity in question is covered by the guarantee period.

11. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

11.1. This clause applies exclusively to sales made to final consumers, as defined in Portuguese Law No. 24/96 of 31 July, as subsequently amended.

11.2. The User has the right to withdraw from this agreement within 14 calendar days without having to give any reason. The withdrawal period expires 14 days after:

a) the day on which the User, or a third party indicated by the User other than the carrier, acquires physical possession of the product; or
b) the day on which the User, or a third party indicated by the User other than the carrier, acquires physical possession of the last product, where several goods have been ordered by the User in a single order and are delivered separately.

11.3. The right of withdrawal may be exercised by the User in respect of all products purchased or only some of the products included in an order.

11.4. For this purpose, the User must complete the suggested “Withdrawal” form below or send a written and unequivocal communication of their decision to withdraw, either by registered letter to PASTCERAM’s address or by email to PASTCERAM’s email address. If the User uses the latter method, PASTCERAM will send the User an acknowledgement of receipt of the withdrawal request by email within 24 hours.

MODEL WITHDRAWAL FORM

(COMPLETE AND RETURN THIS FORM ONLY IF YOU WISH TO WITHDRAW FROM THE AGREEMENT)

Name:

Taxpayer number:

General telephone:

Address:

Email:

I hereby give notice that I withdraw from our purchase and sale agreement concerning:

Product:

Reference:

Order no.:

Ordered on ____/____/_____.

Received on ____/____/_____.

Customer name:

Customer address:

Customer telephone number:

Customer email:

Consumer signature (only if this form is submitted on paper): _____________________________________________________________________________________.

Place: ___________________. Date ____/____/_____.

11.5. To meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the expiry of the withdrawal period referred to in paragraph 2 of this Clause.

11.6. The preceding paragraphs do not apply where the products sold are sealed goods that are not suitable for return for reasons of health protection or hygiene and have been unsealed after delivery. In such situations, the right to withdraw from the agreement does not apply, and PASTCERAM reserves the right to refuse the return of products opened after delivery.

12. OBLIGATIONS OF THE PARTIES ARISING FROM WITHDRAWAL FROM THE AGREEMENT

12.1. Where the products have already been delivered to the User, the User must, within 14 days from the date on which the User communicated the decision to withdraw from the agreement to PASTCERAM, return or deliver the products to PASTCERAM at its premises. The User is responsible for the costs arising from the return of the products.

12.2. If the agreement is withdrawn from before the User receives the order, all payments made by the User will be refunded, including any product delivery costs (except where the User requested a more expensive delivery method than the commonly accepted method).

12.3. PASTCERAM reserves the right to withhold reimbursement of the amounts paid by the User until the products have been returned to it.

12.4. Reimbursement will be made using the same payment method used for the initial transaction, unless the User expressly agrees otherwise.

12.5. The User must keep the products in a condition that allows them to be returned in proper condition, in their complete original packaging and always accompanied by the relevant till receipt or original invoice.

12.6. The contractual right to return products applies exclusively to products that can be returned in the same condition in which the User received them. If a product has been damaged or shows signs of use beyond merely opening its external packaging, including where labels have been removed/cut or security seals have been broken, PASTCERAM may refuse the refund.

12.7. The User may not withdraw from the agreement where the product concerned has, in any of its components, been personalised or made according to the User’s specifications.

12.8. For the purposes of this agreement, personalised products are products that have been manufactured, produced, adapted or modified according to the User’s specifications, including, in particular, products personalised in terms of dimensions, colours, engravings, printing or any other alterations that make them unsuitable for general resale.

12.9. If the above conditions are not met, the return will be rejected and an email will be sent to the User explaining the reasons. In that case, the User may request that products not accepted for return be sent back to them, with the reshipping costs borne by the User.

13. INTELLECTUAL PROPERTY

13.1. PASTCERAM owns all intellectual property rights relating to the website.

13.2. Content made available by PASTCERAM through the website, including texts, images, trademarks, logos and source code, is protected by intellectual property law, including copyright and industrial property rights. Such rights are owned or licensed by PASTCERAM and its suppliers or licensors and the content may not be copied, imitated or used, in whole or in part, without the prior written authorisation of PASTCERAM or the holder of the applicable intellectual property right, which the User acknowledges and accepts.

13.3. The User undertakes not to misuse such content. It may not be copied, disclosed or used in any manner, and software tools may not be used to collect protected content, including robots, crawlers or other automated mechanisms.

13.4. The User shall 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, third-party tools and applications or software associated with its operation, nor remove any confidentiality or intellectual property notices.

13.5. The User undertakes to reimburse PASTCERAM in full for any compensation, costs or expenses incurred by it as a result of claims of any kind or nature brought against it by third parties based on infringement of third-party rights, including intellectual property rights associated with the use of content made available, supplied or otherwise provided through the website and its associated services, including compensation paid to third parties by agreement with them.

14. PROTECTION OF PERSONAL DATA

PASTCERAM, as data controller, respects your privacy. Any personal data collected on the website will be kept confidential and will not be sold, disclosed or otherwise reused by third parties without your authorisation.

Any personal data provided to us will be processed in accordance with relevant legislation and best practices, with all appropriate technical and organisational security measures being implemented to protect it. Such data will be used solely for the purpose of executing your purchase order and improving your experience on our website.

For more information on how we process your personal data, please consult our Privacy Policy, without prejudice to the notices provided in the appropriate places.

15. LIABILITY

To the fullest extent permitted by law, PASTCERAM shall only be liable for damage caused by gross negligence or wilful misconduct. PASTCERAM accepts no liability for the continuous availability of its website, and in particular for mobile networks, the Internet or mobile devices.

16. USER SUPPORT AND COMPLAINTS

The User may send comments, suggestions or complaints to PASTCERAM by telephone at +351 262 544 128 (available Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m.) or by email at cliente@graffitostore.com.

17. ALTERNATIVE DISPUTE RESOLUTION

17.1. This clause applies exclusively to sales made to final consumers, as defined in Portuguese Law No. 24/96 of 31 July, as subsequently amended.

17.2. PASTCERAM informs Users that, under the Portuguese Consumer Protection Law, consumer disputes of low economic value (below €5,000.00) are subject to mandatory arbitration or mediation whenever, at the consumer’s express choice, they are submitted to an arbitration tribunal attached to legally authorised consumer dispute arbitration centres.

Accordingly, in the event of a dispute, the consumer may use any of these mechanisms and must be represented by a lawyer or solicitor (or apply for legal aid, under the applicable legal provisions).

17.3. Furthermore, under Regulation (EU) No. 524/2013 of the European Parliament and of the Council, the User may access the Online Dispute Resolution (ODR) platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, where information is provided on the possibility of using it to resolve disputes.

17.4. The Portuguese Consumer Portal (www.consumidor.pt) also provides information on available Alternative Consumer Dispute Resolution bodies for promoting out-of-court settlement of domestic and cross-border disputes under Portuguese Law No. 144/2015 of 8 September, as subsequently amended, where such disputes are initiated by a consumer against a supplier of goods or service provider and concern contractual obligations arising from purchase and sale agreements or service agreements concluded between established suppliers or service providers and consumers resident in Portugal and the European Union.

THE USER DECLARES THAT THEY HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT THEY HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. THE USER FURTHER ACKNOWLEDGES THAT THIS DOCUMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND PASTCERAM, SUPERSEDING ANY PRIOR PROPOSAL OR AGREEMENT, WHETHER WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND PASTCERAM RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

General Conditions of Sale updated on 2026/09/24