Terms and conditions

TERMS AND CONDITIONS

https://graffitostore.com/

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

  1. IDENTIFICATION OF THE OWNER OF THE WEBSITE AND SUPPLIER OF THE PRODUCTS:

    1. The owner of the website and supplier of the products sold in 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, with NIPC 505689111hereinafter referred to as “PASTCERAM”,

    2. User Information: E-mail: cliente@graffitostore.com;
      Telephone: +351 262 545 128 (Call to the national fixed network);
      Mobile: +351 969 650 737 (Call to the national mobile network).

  1. USE OF WEBSITE

    1. Using the websiteeither through simple browsing or through the establishment of a commercial relationship with PASTCERAM through its online store online, gives you the status of User and implies full and unreserved acceptance of all the provisions included in these Terms and Conditions as well as in the Privacy Policy in force at any time you access the website.

    2. These Terms and Conditions apply to all Users of the websiteincluding, without limitation, visitors, customers and others not specifically identified.

    3. The contractual proposal regarding the purchase and sale of products marketed by PASTCERAM in the online store online is addressed only to persons of legal age who are of full capacity and can therefore take responsibility for the commitments resulting from the purchase and sale of the products marketed by PASTCERAM.

    4. If the User does not agree with these Terms and Conditions in their entirety, he/she should not access the website or its associated functionalities and services, namely the online store shop. In particular, any purchase made through the store online depends on acceptance of these Terms and Conditions, so if the User does not accept them, they will not be able to make purchases through it.

    5. By accepting these Terms and Conditions, you accept them on your own behalf and/or on behalf of the organization you represent (if applicable). By accessing our website and placing orders through our store online, the User declares that he/she is over 18 years of age, guaranteeing that he/she has full legal capacity and the necessary powers to make this acceptance, as well as the age required by law for the purchase and consumption of alcoholic beverages. Furthermore, by accepting these Terms and Conditions, the User expressly declares that they will not use the website and the functionalities and services associated with its use, for any illegal and/or illicit purposes.

    6. PASTCERAM reserves the right to change these Terms and Conditions at any time and without prior notice, so the User should consult the Terms and Conditions before each use of the website and the associated features and services, in particular, before each use of the online store shop.

    7. Without prejudice to the provisions of the previous paragraph, any changes to the Terms and Conditions subsequent to the Confirmation of any 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.

    8. PASTCERAM guarantees the security of the account within the expected security measures appropriate to platforms such as the website and its store.

    9. PASTCERAM shall not be liable for damages arising from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.

    10. Under no circumstances may PASTCERAM and/or its representatives and employees be held liable for any damages that may arise, even accidentally, from the malfunctioning of the websitefor any reason whatsoever and for any length of time, or for any damage caused by reproduction, use or exploitation.

    11. Violation of the provisions of these Terms and Conditions by the User constitutes grounds for 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 it is terminated, always entitles PASTCERAM to be compensated for all damages arising therefrom. In addition, PASTCERAM reserves the right, at its discretion, to terminate the use of the website and its functionalities and services by the User in question, with or without notifying the User.

  1. CUSTOMER REGISTRATION ON WEBSITE

    1. Simply accessing the website is not subject to registration. To take advantage of all the features and services of the websitenamely the onlineThe User must fill in the data requested for contact, billing, shipping and payment purposes, and may choose to create a User account, in which case they will also be asked for a password.

    2. The User is responsible for the veracity, completeness and lawfulness of the data provided, both at the time of registration and for the purposes of making purchases in the online store. shop as well as for updating them. Under these terms, the User will 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.

    3. All the content inserted in the User’s account, as well as all the activity that takes place in it, is the responsibility of the User, and PASTCERAM is under no obligation to monitor the content or the (in)fulfillment of any responsibilities of the User, namely the fulfillment of obligations to other Users or to national authorities.

    4. PASTCERAM has no access to or knowledge of the password set by the User for the purpose of accessing the websiteThe User is responsible for ensuring the confidentiality of the password and guaranteeing its safekeeping and proper use, as well as complying with good practices regarding the security of their account (in particular, changing the password regularly and avoiding connections through networks open to the public). As such, PASTCERAM cannot be held responsible for any losses arising from the loss or misuse of the password set by the User.

  1. PRODUCTS

    1. O website offers a wide range of products, marketed by PASTCERAM in the online store shop.

    2. All these products are illustrated with photographs and an indication of their essential characteristics and are available for purchase, without distinction, by Consumers or Professionals.

    3. PASTCERAM has made every effort to ensure that the information presented on the website and in its store is free of typographical errors and, whenever these occur, PASTCERAM will correct them as soon as possible. Likewise, PASTCERAM will use its best endeavors to keep the product information contained in the website and in the respective shop.

    4. At any time PASTCERAM may change, delete or move any information on the website and its online store onlinewithout prior notice, in particular those relating to products, prices, promotions, offers, commercial conditions and services.

    5. The User hereby expressly accepts and agrees to the following:

    6. The photos presented on the website are for illustrative purposes only, and the User should carefully and fully read the information on the essential characteristics of the products described on the websiteIn case of doubt, please contact PASTCERAM for any additional information by filling in the form provided for requests for information or by contacting us by email or telephone at the addresses indicated in point 1.2.;

    7. Detailed information on the products and their characteristics/specifications can be obtained from PASTCERAM;

    8. All products for sale on the website are subject to existing stock, without prejudice to PASTCERAM’s efforts to provide up-to-date information on the availability of the products included in the shopping cart;

    9. PASTCERAM will not assume responsibility for any discontinued items;

    10. The prices and products available on the website are only valid for commercial transactions carried out through the online store online.

    11. The information available on the website PASTCERAM website and its online store shop regarding products intended for human consumption does not dispense with the need to consult the label of such products when they are received by the User and before they are consumed, and the User should always read the nutritional information, list of ingredients, recommendations for use and/or conservation, warnings, as well as all mandatory and/or voluntary information on a Product before using or consuming it, and PASTCERAM is not responsible for any consequences resulting from failure to consult the information on the labels.

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  1. PRODUCT PRICES

    1. The items on sale are subject to existing stock and PASTCERAM is not obliged to sell any product that is not in stock.

    2. Once the desired products have been selected, the User must select the “FINISH PURCHASE” option, and then log in to their account (if they have not already done so), create a new registration if they are not already registered, or choose to proceed as a guest, under the terms of Clause 3.

    3. In order to complete the order, the User must enter the personal data requested. If you have registered as a customer, the above data will only be requested when you make your first purchase on the website and will be saved for future purchases. Therefore, they will not be requested again and the User will only have to log in to the website in the future.

    4. The User must also provide the desired delivery and billing data.

    5. You can check the available delivery locations and their delivery times here.

    6. The User will then be informed of the price to be paid for postage on their order, as well as the estimated time, in working days, for dispatch and delivery of the products to the User.

    7. The User must then choose the payment method, with the following options available: MULTIBANCO; MBWAY (only valid for sales with a delivery destination in Portugal); Credit Card.

    1. Before Confirming the Order, the User undertakes to check the data contained in their order summary, confirming the User data, the products selected in the shopping cart, the respective delivery method and payment method, and must go back to the previous steps in order to rectify them if they detect any nonconformity.

    2. Before finalizing the order, the User must read the “Terms and Conditions”, inserting the agreement symbol in the available box, just in case they accept them. Acceptance of the “Terms and Conditions” is an absolute requirement for the transaction to proceed. The User should immediately print and save the Terms and Conditions for future reference.

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

    4. Once the User has confirmed their order, they will receive an email confirming that their 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, its total price, the shipping option chosen and the associated transportation costs, as well as the payment method selected by the User and the respective deadline (if they have not opted for automatic payment via Credit Card, for example). If any of the information is incorrect, the User must immediately ask PASTCERAM to change it.

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

    6. With the Confirmation of the Order by the User, accompanied by the subsequent full payment of the total price of the products, the contract for the purchase and sale of the products made available in the online store by PASTCERAM is formalized, its effectiveness, however, being dependent on the availability in stock of the products, under the terms of the following paragraphs.

    7. All orders for products in the online store are subject to their availability in stock. PASTCERAM is not obliged to supply products that are unavailable, so if the products ordered are not available in stock, PASTCERAM will inform the User immediately upon learning of this unavailability and will act in accordance with the provisions of the following paragraphs.

    8. If any of the products in stock are temporarily unavailable, making it impossible to deliver them within the agreed deadlines, PASTCERAM will contact the User in an attempt to agree a new delivery deadline, and the order will only proceed after the User has given their consent (via email). If any of the products in stock are unavailable, PASTCERAM may offer the User the supply of a product of equivalent quality and price, if available, in which case the order will only proceed after the User has given their consent (via email).

    9. If none of the situations set out in the previous paragraph is accepted by the User, the order will be canceled for the missing products, and PASTCERAM will reimburse the amounts paid by the User, within a maximum of 30 (thirty) days of the cancellation notice.

  1. ORDER CONFIRMATION AND CONTRACT FORMATION

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

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

    3. Once the User has confirmed their order, they will receive an email confirming that their 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, its total price, the shipping option chosen and the associated transportation costs, as well as the payment method selected by the User and the respective deadline (if they have not opted for automatic payment via Credit Card, for example). If any of the information is incorrect, the User must immediately ask PASTCERAM to change it.

    4. Once the total price of the products has been paid, the invoice will be issued and sent in digital format to the email address provided by the User. Once issued, the invoice cannot be reissued with changes.

    5. With the Order Confirmation by the User, accompanied by the subsequent full payment of the total price of the products, the contract for the purchase and sale of the products is formalized, although its effectiveness depends on the availability in stock of the products, under the terms of the following paragraphs.

    6. All orders for products in the online store are subject to their availability in stock. PASTCERAM is not obliged to supply products that are unavailable, so if the products ordered are not available in stock, PASTCERAM will inform the User immediately upon learning of this unavailability and will act in accordance with the provisions of the following paragraphs.

    7. If any of the products in stock are temporarily unavailable, making it impossible to deliver them within the agreed deadlines, PASTCERAM will contact the User in an attempt to agree: i) a new delivery deadline, and the order will only proceed after consent has been given by the User, ii) the supply of a product of equivalent quality and price, if available, and in this case the order will only proceed after consent has been given by the User, or iii) the cancellation of the order for the missing products, with the corresponding refund of the amounts paid by the User.

  1. DELIVERY OF PRODUCTS AND RESPECTIVE DEADLINES

    1. Once the purchase and sale contract has been formalized, full payment of the total price of the products has been made, and provided that the products purchased are available, PASTCERAM will send the User the delivery information of the products, in accordance with the option selected by the User.

    2. Notwithstanding the deadlines, delays may occur for reasons not attributable to PASTCERAM, and which will therefore not entitle the User to any compensation, such as delays on the part of the carrier, difficulties in delivery to the recipient or local holidays.

    3. The User must ensure that someone is present at the delivery address of the products on the date indicated by PASTCERAM.

    4. PASTCERAM declines all responsibility for any delay or impossibility of delivery of the order resulting from acts for which it is not responsible.

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

    6. For the purposes of these Terms and Conditions, a “delivery” is deemed to have been made or a product is deemed to have been “delivered” when the delivery receipt is signed at the agreed address.

    7. PASTCERAM does not make exchanges. Therefore, if the user makes a mistake, he/she must return the product, applying the provisions of the Right of Free Resolution clause, and then place a new order with the products he/she wants.

  1. GUARANTEE OF PRODUCT CONFORMITY

    1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Decree-Law no. 84/2021 of October 18, with subsequent amendments.

    2. PASTCERAM is liable for any lack of conformity of the products that exists at the time they are delivered to the User.

    3. The products do not comply with the purchase contract when any of the following occurs:

    4. When the products do not comply with the description given by PASTCERAM on its website or do not possess the qualities that PASTCERAM has presented to the User as a sample or model;

    5. When the products are not suitable for the specific use for which the User intended them and of which he/she informed PASTCERAM when entering into the contract and which PASTCERAM has accepted;

    6. When the products are not suitable for the uses normally given to goods of the same type;

    7. When the products do not present the qualities and performance that are usual in goods of the same type and that the User can reasonably expect, given the nature of the good and, where appropriate, the public statements about its specific characteristics, made by PASTCERAM or the brand, in particular in advertising or labeling.

    8. Under the terms of Consumer Law, the general warranty period for products is 3 (three) years for new products, from the date of delivery of the products to the User. This is without prejudice to any manufacturing warranty for a longer period. In the case of sales to professionals, PASTCERAM is also liable for any defect in the products that exists at the time they are delivered to the User, the warranty period being 6 (six) months from the date of delivery of the products to the User.

    9. In the case of perishable products subject to an expiration date, the User accepts that their conformity can only be expected during the expected period of validity.

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  1. WARRANTY EXCLUSIONS

    1. Products shall not be deemed to be non-conforming or defective within the meaning of applicable law if, at the time the contract is concluded, the User is aware of such non-conformity or defects or cannot reasonably be unaware of them.

    2. The occurrence of vices or defects for which PASTCERAM is not responsible, namely when they arise from the following situations, shall also not be considered a lack of conformity or defects in the products for which PASTCERAM is responsible:

    3. Failure to use and/or store the products carefully, diligently and/or in accordance with their instructions;

    4. The use of products for purposes other than those for which they were intended;

    5. The production of products according to customer requests and specific characteristics indicated by the customer;

    6. Normal use/consumption of products;

    7. Modifying or altering the products, or opening them improperly, for example by violating any internal seals.

  1. WARRANTY CLAIM PROCEDURE

    1. If the Product purchased does not conform or is defective, the User must report the situation to PASTCERAM, presenting the respective invoice and a description of the non-conformity, and the respective products must be delivered to PASTCERAM for evaluation.

    2. Upon receipt of the products by PASTCERAM, the reported non-conformity will be verified and, in the event of any proven lack of conformity for which PASTCERAM is responsible, the User will be able to choose between one of the following options, according to criteria of reasonableness and proportionality (repair incompatible with the products in question is excluded):

    3. Replacement of the product with another of identical characteristics;

    4. Reduction in the price paid for products;

    5. Termination of the Contract, under the terms of the following Clause.

    1. The costs of returning or collecting products under warranty will be borne by PASTCERAM whenever it is concluded that the non-conformity in question falls within the warranty period.

  1. RIGHT TO FREELY TERMINATE THE CONTRACT

    1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law no. 24/96, of July 31, as amended.

    2. The User has the right to freely terminate this contract within 14 calendar days, without having to give any reason. The period for exercising the right of withdrawal expires within 14 calendar days:

    3. From the day on which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; or

    4. From the day on which the User or a third party, other than the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.

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

    6. To this end, the User must fill in the “Free resolution” form suggested below, or send a written and unequivocal notice 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 termination request by email within 24 hours.

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Form

MODEL FREE RESOLUTION FORM

(YOU SHOULD ONLY FILL IN AND RETURN THIS FORM IF YOU WANT TO TERMINATE THE CONTRACT)

Name:

Contributor:

General Telephone:

Address:

Email:

I hereby give notice that I am terminating our contract of sale for:

Product:

Reference:

Order no:

Ordered from ____/____/_____.

Received at ____/____/_____.

Client Name:

Customer’s address:

Customer’s telephone number:

Customer email:

Signature of the consumer (only if this form is notified on paper):

______________________________________________________________________________________________.

Location: ___________________. Date: ____/____/_____.

    1. In order for the withdrawal period to be respected, it is sufficient for the communication regarding the exercise of the right of withdrawal to be sent before the expiry of the withdrawal period provided for in paragraph 2 of this Clause.

    2. Exceptions to the above are cases where the products sold are sealed and cannot be returned for reasons of health protection or hygiene, when opened after delivery. In these situations, the right to freely terminate the contract does not apply, and PASTCERAM reserves the right to refuse the return of products opened after delivery.

  1. OBLIGATIONS OF THE PARTIES ARISING FROM THE FREE TERMINATION OF THE CONTRACT

    1. When the products have already been delivered to the User, the User must, within 14 days from the date on which he/she communicates his/her decision to terminate the contract to PASTCERAMreturn or deliver the products to PASTCERAMat its premises, and shall bear the costs of returning the products.

    2. In the event of termination of this contract, before the order has been received by the User, all payments made by the User will be refunded, including any costs incurred in the delivery of the products (unless the User has requested a more expensive method of delivery than that commonly accepted).

    3. PASTCERAM reserves the right to withhold reimbursement of the sums paid by the User until the products have been returned.

    4. The refund will be made using the same means of payment used in the initial transaction, unless expressly agreed otherwise by the User.

    5. The User must keep the products in such a way as to be able to return them in the proper condition, in their complete original packaging, and always accompanied by the respective original packing slip or invoice.

    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. Any product that has been damaged or shows signs of use beyond the simple opening of its outer packaging, namely because the respective labels have been removed/cut or any security seals have been violated, PASTCERAM may reject the refund.

    7. The User cannot terminate the contract when the product transacted has been, in any of its components, made to the User’s specifications or personalized.

    8. If the above conditions are not met, the return will be rejected and an email will be sent to the User stating the reasons. In this case, the User will have the option of requesting the return of the products not accepted for return, and the return postage will be borne by the User.

  1. INTELLECTUAL PROPERTY

    1. PASTCERAM is the owner of all intellectual property rights on the website.

    2. The content made available by PASTCERAM through the websitenamely texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, and their ownership or license is held by PASTCERAM and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of PASTCERAM or the holder of the applicable intellectual property right, which the User acknowledges and accepts.

    3. The User undertakes not to misuse this content and may not copy, disseminate, use or copy it in any way, not using any software to collect protected content, namely robots, crawlers or other automatic mechanisms.

    4. The User shall not copy, translate, disassemble or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code and object code of the Platform, as well as third-party tools and applications and the software associated with the operation thereof, or remove any confidentiality or intellectual property notices.

    5. The User undertakes to reimburse PASTCERAM in full for any indemnities, costs or expenses incurred as a result of claims of any kind or nature directed against it by third parties, based on the violation of third party rights, in particular intellectual property rights related to the use of content made available, provided or made available through the website and the services associated with it, including for indemnities paid to third parties by agreement with them.

  1. PROTECTION OF PERSONAL DATA

PASTCERAM, as data controller, respects your privacy. Any and all personal data collected on website will be kept confidential and will not be sold, communicated or in any way reused by third parties without your permission. Any personal data provided to us will be processed in accordance with the relevant legislation, best practices and ensuring all technical and organizational security measures to protect it, and will be used for the sole purpose of executing your purchase order and improving your experience on our website. website. For more information on how we process your personal data, please consult our Privacy Policye, without prejudice to the notices in the appropriate places.

  1. RESPONSIBILITY

To the maximum extent permitted by law, PASTCERAM shall only be liable for damages caused by gross negligence or willful misconduct. PASTCERAM assumes no liability for the continuous provision of its websiteand especially mobile networks, the Internet and mobile devices.

  1. USER SUPPORT AND COMPLAINTS

The User may address comments, suggestions or complaints to PASTCERAM by telephone to +351 262 544 128 (available from Monday to Friday from 9am to 1pm and from 2pm to 6pm) or by e-mail to cliente@graffitostore.com.

  1. ALTERNATIVE DISPUTE RESOLUTION

    1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law no. 24/96, of July 31, as amended.

    2. PASTCERAM would like to inform you that, under the terms of the Consumer Protection Act, consumer disputes of a low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, at the express option of the consumer, they are submitted to an arbitration tribunal attached to legally authorized consumer dispute arbitration centers. Thus, in the event of a dispute, the consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, in accordance with the law).

    3. Furthermore, under Reg. (EU) 524/2013 of the European Parliament and of the Council, the User can access at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage à Online Dispute Resolution (ODR) platform, where information is provided on the possibility of using it to resolve disputes.

    4. Also on the Consumer Portal (www.consumidor.pt) provides information on the Alternative Dispute Resolution bodies available to promote the out-of-court resolution of national and cross-border disputes under Law no. 144/2015, of September 8, as amended, when they are initiated by a consumer against a supplier of goods or services and relate to contractual obligations resulting from contracts for the sale or provision of services concluded between a supplier of goods or services established and consumers resident in Portugal and the European Union.

THE USER DECLARES TO HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. YOU FURTHER ACKNOWLEDGE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PASTCERAMWHICH DEROGATES FROM ANY PREVIOUS PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PASTCERAMRELATING TO THE SUBJECT MATTER OF THIS CONTRACT.

General Conditions of Sale updated to 2024/06/18

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