TERMS AND CONDITIONS OF USE www.FOUNDARTE.com
1.1 These terms are intended to establish the terms and conditions by which to govern the provision of services relating to the sale "on-line" of traditional Portuguese artisan products (hereinafter referred to as products) by www.foundarte.com - (hereinafter foundarte), a registered trademark of Souviarte de Mafra unipessoal Lda (hereinafter Souviarte) a limited liability company headquartered at Estrada Municipal 549, No.39, Zambujal, Mafra 2640-581 & registered at the Conservatorio do Registo Comercial (Registo Nacional das Pessoas Colectivas) Lisbon no.513980393
1.2 The areas www.Souviarte.com & www.foundarte.com and are duly registered under the rules of registration of domains / subdomains. Com and .PT, which are owned by Souviarte.
1.3 These Terms and Conditions and Use, apply to site visitors to www.Foundarte.com as well as to any commercial transactions conducted through the virtual store Foundarte, headquartered in that domain, and that any customer or user to browse or make purchases of any product/s in the online store Foundarte acknowledge and agree to abide by all of terms and conditions set out in these Terms.
1.4 Souviarte & Foundarte reserves the right to change these conditions of use and contract without notice, any changes made will be published on the site www.foundarte.com.
1.5 Souviarte & Foundarte provides its services to individuals over the age of 18 years. When using the services of Souviarte or Foundarte you the customer declare to be 18 years or over.
2.1 The site www.Foundarte.com is intended only for private use. Reproduction, transfer, distribution or storage of the contents of www.Foundarte.com site without prior written permission is prohibited for purposes other than for strictly personal use.
2.2 Souviarte & Foundarte reserves the right to modify at any time the information presented and commercial supply of: product, pricing, promotions, business conditions and services.
2.3 It is expressly forbidden to introduce links on our site for commercial purposes without prior permission from Souviarte or Foundarte. Likewise, the use of the domain www.Foundarte.com & www.souviarte.com with and without prior authorization, may be susceptible to appeal to competent legal means by Souviarte. In the event that you find in other sites, links that allow access to www.foundarte.com, over which Souviarte disclaims any responsibility, nor as to the origin of the link, or on the content contained therein.
2.4 Souviarte & Foundarte makes every effort to ensure that the information presented is free of errors and whenever they occur, proceed as soon as possible, to make the respective correction. If the information provided does not reasonably match the characteristics of the product, you may have the right to rescind the contract of purchase and sale pursuant to applicable law. Souviarte and Foundarte offer products that are Handmade and often they are unique, you hereby acknowledge that by accepting these terms and conditions that the product may vary slightly from its representative image.
2.5 The photographs presented on the site are merely illustrative. We recommend you consult the product detail and information about the respective characteristics.
2.6 The prices and specifications are subject to change without notice.
2.7 Despite the best efforts of Foundarte, some products may appear with incorrect prices, so whenever we process orders we check and confirm the prices. In any case where the product price is less than the advertised price, we will refund the difference. If the price is higher, we will inform the customer by email and await their decision to accept the new proposal or cancel the order.
2.8 Souviarte or Foundarte is not responsible, directly or indirectly, for any information, content, statements or expressions that appear on any of the items sold on the site www.foundarte.com. The authorship of the descriptive content of the products is the responsibility of producers, manufacturers and publishers of the articles in question (hereinafter contracted artisans).
2.9 All contractual information is written in Portuguese and English, as well as information articles, email communications and completion of the sale.
3.1 The service provided by Souviarte consists of maintaining an online store www.foundarte.com (online) for selling various traditional handmade artisan Portuguese products from different regions products provided by our contracted artisans.
3.2 The Customer may proceed to make a purchase "online" for any of these products through the procedure explained in clause 4 below, always subject to the conditions of clause 1.3 above.
3.3 All products sold in the online store are in accordance with Portuguese law.
3.4 Souviarte & Foundarte declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is you the customers responsibility to check with the local authorities the conditions for importation or use of the products you want to order.
3.5 Souviarte & Foundarte is not responsible for damages due to interference, interruptions, computer viruses, faults or disconnections to operating systems that may prevent temporary access, navigation or provision of services to users.
4.1 Customers wishing to purchase the products listed in the store Foundarte must register by providing the following information: full name, address, delivery address, postal code, VAT number (if applicable), e-mail and phone contact, it is likely that other information will be requested from the client at the time of registration and/or purchase if Foundarte consider such data important for the respective business relationship.
4.2 Foundarte guarantees the confidentiality of any data supplied by its customers. Data will not be supplied to any third-parties and is soley for the use of Foundarte and Souviarte.
4.3 The supply of store Foundarte limited to products listed on our web page www.foundarte.com.
4.4 Each product has an associated file which contains the respective characteristics and the selling price to the public. VAT at the legal rate and shipping costs are automatically calculated at the time the product is added to the "shopping cart", and before the final confirmation of purchase given by the Client.
4.5 The validation of the purchase order is created when the Customer acknowledges and accept our Terms and Conditions and Site Usage www.foundarte.com. The data recorded by Foundarte constitutes proof of all transactions carried out between the Customer and Foundarte. It is the responsibility of Foundarte to file the electronic document that formalizes the contract and store it for a limited time afterwards.
4.6 The formal request comes as the Customer confirms the order on the "shopping cart" and processes the payment, the customer will receive an email from Foundarte to acknowledge receipt of their order, and any other relevant agreed terms will also be specified in that email.
5. Final price and payment
5.1 The final price of the "shopping cart" is automatically calculated, this value resulting from the sum of the price of products included in "shopping cart" on which the fee applies to current VAT, plus delivery, which calculation process is detailed in 5.2, plus the respective VAT also being discounted any sums due to promotions in quantity or price, or Customer specific discounts as gift vouchers or discounts on previous sales.
5.2 The calculation of shipping is calculated based on the address provided by the Client to receive the products purchased, the number of contracted artisans covered by the products purchased – order number per artisan - the total weight of the products covered by each order and the carrier chosen by each customer to deliver orders.
5.3 The Payment for orders will be made by credit card.
5.4 If the customer wishes to pay by credit card confirmation of the order will trigger an immediate freeze for the amount equivalent to the total price of the order. The asset amount is automatically converted to the final payment of your order upon delivery and acceptance thereof by the Client.
6.1 The delivery of orders is guaranteed by Foundarte and their contracted artisans, in the exact terms contained in the application and data provided by the Customer as described in clause 3 above. The associated costs are available to the customer in the "shopping cart" and detailed in the e-mail order confirmation sent by Foundarte, consisting also of electronic invoice/s issued by Foundarte on the delivery date.
6.2 Foundarte only processes an order made by a customer after confirmation of the respective payment and as such Foundarte cannot guarantee the availability of items before the start of that process, Foundarte will however inform the customer as soon as is reasonable if the product is not available. The estimated date for shipment depends on the destination country of your order, in some cases the time to produce the product, the carrier and the type of shipping service chosen by the customer upon purchase.
6.3 Foundarte contracted artisans only make shipments on weekdays, therefore weekends or holidays for parcel delivery estimate are not counted.
6.4 The estimated delivery dates are indicative, however, if there are delays in the delivery of any goods ordered, Foundarte can choose to: (i) contact the artisan inquiring about the status of shipping your order, or (ii) cancel the order reimbursing the client all monies paid if the deadline of delivery extends beyond reasonable.
6.5 Any delay in shipment of items, given the estimated dates presented, does not confer the right to compensation.
6.6 Any additional charges resulting from errors or address changes in post-processing of the order shall be borne entirely by the Customer.
6.7 The carrier shall deliver the goods on the date indicated. If delivery cannot be made, the Carrier will contact the client to try to agree a new date.
6:8 All products are covered by a transport insurance, the price of which is included in delivery.
7.1 Applicable to purchases made on www.foundarte.com.
7.2 All Customer complaints related to the delivery or the quality of products, must be reported to Foundarte through the process defined in the www.foundarte.com site under "Contacts".
7.3 If the product is damaged during delivery, the buyer must inform Foundarte thereof within 3 working days on receipt of the same, in writing, through the contacts listed in 9.2 or via the process defined in www.foundarte.com with the heading "Contacts."
7.4 The product returns must be made in their packaging and in their original state, Foundarte reserve the right not to admit the said refund if the product is not in its original condition and packaging, unless the nature of the defect is with this.
7.5 The Customer shall have the right to opt for the replacement product, the repair of the same, the price reduced or the contract rescinded.
7.6 Where it is found that the product did not have any defect, the Customer shall be responsible for paying all shipping costs to return and that the new delivery come to give way.
8.1 The Customer shall have a period of fourteen days to cancel the contract in writing, using the contact details listed in 9.2. or 7.2, without incurring the payment of any compensation nor any expense and without giving any reason.
8.2 The products should be returned in their original condition and packaging, at a place indicated by Foundarte after notification of the resolution referred to in the preceding clause, with Foundarte reserving the right not to give the said refund if the product is not in its packaging and the original state.
8.3 Held to terminate the contract and return the product as referred to in the preceding clauses, the amount paid by the Customer will be refunded.
9. Other provisions
9.1 If any part or provision of this Agreement is subsequently found void and of no effect, the remaining provisions will remain in effect so as not to affect the overall validity, unless it is possible to conclude that the parties have not agreed on service or supply of the product if they had foreseen the invalidity or unenforceability of that provision.