TERMS AND CONDITIONS

This document (hereinafter simply "Terms and Conditions") regulates the general terms and conditions of use of the website https://graffitostore.com/ that 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 commercialised through its online shop, hereinafter simply referred to as the website and online shop.

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

    1. The owner of the website and supplier of the products commercialised in the online shop, 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 505689111, hereinafter referred to as "PASTCERAM",

    2. User Information:

E-mail: cliente@graffitostore.com;

Telephone: +351 262 545 128 (Calls to the national fixed network);

Mobile phone: +351 969 650 737 (Call the national mobile network).

  1. 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 shop, gives you the status of User and implies full and unreserved acceptance of all the provisions included in these Terms and Conditions and the Privacy Policy, in force at any time you access the website.

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

2.3 The contractual proposal regarding the purchase and sale of products commercialised by PASTCERAM in the online shop is directed only at persons of legal age who are of full capacity and can therefore take responsibility for the commitments resulting from the purchase and sale of products commercialised by PASTCERAM.

2.4 the User does not agree to these Terms and Conditions in their entirety, they should not access the website or the associated functionalities and services, namely the online shop. In particular, any purchase made through the online shop 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.

2.5 By accepting these Terms and Conditions, the User accepts on their own behalf and/or on behalf of the organisation they represent (if applicable). By accessing our website and placing orders through our online shop, the User declares that they are over 18 years of age, guaranteeing that they have 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.

2.6 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 associated functionalities and services, in particular before each use of the online shop. 

2.7 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.

2.8 PASTCERAM guarantees the security of the account within the expected security measures appropriate to platforms such as the website and its online shop.

2.9 PASTCERAM is not responsible for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, browsing or the provision of services to Users.

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 the malfunctioning of the website, in any capacity and for whatever period of time such malfunctioning may last, or for any damage caused by reproduction, use or exploitation.

2.11 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. CLIENT REGISTRATION ON THE WEBSITE

    1. Mere access to the website is not subject to registration. In order to take advantage of all the website's features and services, namely the online shop, the User must fill in the data requested for contact, invoicing, 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 shop, as well as for updating it. 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 suffers 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 (in)fulfil any of the User's responsibilities, in particular the fulfilment of obligations towards other Users or national authorities.

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

  1. PRODUCTS

    1. The website offers a wide range of products commercialised by PASTCERAM in the online store

    2. All these products are illustrated with photographs and an indication of their essential characteristics, and are available for purchase by Consumers and Professionals alike.

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

    4. PASTCERAM may change, delete or move any information on the website and its online shop at any time, without prior notice, particularly information relating to products, prices, promotions, offers, commercial conditions and services.

    5. The User hereby expressly accepts and agrees to the following:
      a) The pictures shown 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 website, as well as the respective ingredients, warnings and instructions for use, and should, in case of doubt, contact PASTCERAM in order to obtain any additional information, by completing the form provided for making enquiries or by contacting us by email or telephone at the addresses indicated in point 1.2.;

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

c) All products for sale on the website are subject to existing stock, without prejudice to PASTCERAM endeavouring to provide up-to-date information on the availability of the products included in the shopping cart;

d) PASTCERAM will not accept responsibility for any discontinued items;

e) The prices and products available on the website are only valid for commercial transactions carried out through the online shop.

4.6 The information provided on the PASTCERAM website and in its online shop regarding products intended for human consumption does not exempt the User from consulting the labels of these products when they are received 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 not consulting the information on the labels.

  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 available 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 finalise the order, the User must enter the personal data requested. If you have registered as a client, the above data will only be requested when you make your first purchase on the website and will be saved for future purchases. 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 details.

    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 shipping 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:
      MULTIBANK;

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 basket, 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 finalising the order, the User must read the "Terms and Conditions", inserting the symbol of agreement 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 the 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 information about the order placed, including the name/reference of the product, its total price, the shipping option chosen and the associated transport 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 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 made available in the online shop by PASTCERAM is formalised, although its effectiveness depends on the availability in stock of the products, under the terms of the following paragraphs.

    7. All orders for products in the online shop 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 cancelled 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 can finalise their order.

    2. By confirming the order, the User enters into a sales 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 the 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 information about the order placed, including the name/reference of the product, its total price, the shipping option chosen and the associated transport 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 formalised, 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 shop 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 with the User's consent; ii) the supply of a product of equivalent quality and price, if available, and in this case the order will only proceed with the User's consent; 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 formalised, 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 for the products, in accordance with the option selected by the User.

    2. Notwithstanding the timeframes provided, 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 public holidays.

    3. The User must ensure that someone is present at the address where the products are to be delivered, on the date indicated by PASTCERAM.

    4. PASTCERAM accepts no 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 considered to have been made or a product is considered to have been "delivered" with the signature of the delivery receipt 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 Cancellation 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 18 October, as amended.

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

    3. Products do not comply with the purchase and sale contract when any of the following occurs:

  1. When the products do not conform to the description given by PASTCERAM on its website or do not have the qualities that PASTCERAM has presented to the User as a sample or model;

  2. When the products are not suitable for the specific use for which they are intended by the User and of which they have informed PASTCERAM when entering into the contract and which PASTCERAM has accepted;

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

  4. When the products do not have the qualities and performance that are customary for goods of the same type and that the User can reasonably expect, given the nature of the goods and, where applicable, the public statements made by PASTCERAM or the brand about their specific characteristics, in particular in advertising or labelling.

8.4. Under the terms of Consumer Law, the general guarantee 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 defects in the products that exist 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.

8.5 In the case of perishable products subject to an expiry date, the User accepts that conformity can only be expected during the period of validity provided.

  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 entered into, the User is aware of such non-conformity or defects or cannot reasonably be unaware of them.

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

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

  2. Use of the products for a purpose other than that for which they were intended;

  3. The production of the products in accordance with the customer's requests and the specific characteristics indicated by the client;

  4. Normal use/consumption of the products;

  5. Modification or alteration of the products, or their improper opening, 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 the 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 is excluded because it is incompatible with the products in question):

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

  2. Reduction of the price paid for the products;

  3. Cancellation 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 WITHDRAW FROM THE CONTRACT

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

  1. 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

  2. The day on which the User or a third party, with the exception of 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. 

    1. 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.

    2. To this end, the User must fill in the "Free cancellation" form suggested below, or send a written and unequivocal communication of their decision to cancel, 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 cancellation request by email within 24 hours.

MODEL CANCELLATION FORM

(YOU SHOULD ONLY COMPLETE AND RETURN THIS FORM IF YOU WISH TO TERMINATE THE CONTRACT)

Name:

Taxpayer:

General Telephone:

Address:

Email:

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

Product:

Reference:

Order no:

Ordered at ____/____/_____.

Received at ____/____/_____.

Client's name:

Client's address:

Client's telephone no:

Client's email address:

Client's signature (only if this form is notified on paper):

_______________________________________________________________________


 

Location: ___________________. Date ____/____/_____.


 

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

    2. Exceptions to the provisions of the previous paragraphs are cases in which 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.

  2. OBLIGATIONS OF THE PARTIES ARISING FROM THE FREE CANCELLATION OF THE CONTRACT

    1. When the products have already been delivered to the User, the latter must, within 14 days from the date on which they have communicated their decision to terminate the contract to PASTCERAM, return or deliver the products to PASTCERAM at its premises, and the User must bear the costs of returning the products.

    2. In the event of cancellation of this contract, before the User has received the order, 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 delivery method than the one commonly accepted).

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

    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 their 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 simply opening its outer packaging, in particular because the respective labels have been removed/cut or any security seals have been broken, PASTCERAM may reject the refund.

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

    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 that the products not accepted for return be sent back, 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 contents made available by PASTCERAM through the website, namely texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely copyright and industrial property rights, and are owned or licensed by PASTCERAM and its suppliers or licensors and 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.

    3. The User undertakes not to make any abusive use of said content, and it may not be copied, disclosed, used or copied in any way, not using software tools 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 its operation, or remove any confidentiality or intellectual property notices.

    5. The User undertakes to fully reimburse PASTCERAM for any indemnities, costs or expenses 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, namely 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. PERSONAL DATA PROTECTION
    PASTCERAM, as data controller, respects your privacy. Any personal data collected on the website will be kept confidential and will not be sold, communicated or in any way reused by third parties without your authorisation. Any personal data provided to us will be processed in accordance with the relevant legislation, with best practices and ensuring all technical and organisational 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. For more information on how we process your personal data, you should consult our Privacy Policy, without prejudice to the notices in the appropriate places.

  2. LIABILITY

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

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

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

17.2 PASTCERAM informs you that, under the terms of the Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, at the express option of the consumers, they are submitted to an arbitration tribunal attached to legally authorised consumer dispute arbitration centres. 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, under the terms of the law).

17.3 Furthermore, under Regulation (EU) 524/2013 of the European Parliament and of the Council, the User can access the Online Dispute Resolution Platform (ODR) 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 their disputes.

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

YOU DECLARE THAT YOU HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS AND 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 PASTCERAM, WHICH DEROGATES FROM ANY PREVIOUS PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PASTCERAM RELATING TO THE SUBJECT MATTER OF THIS CONTRACT.

General Conditions of Sale updated on 2024/06/18