LEGAL NOTICE
1. LEGAL PROVISIONS
Within the scope of the activity of the Portuguese company MARSOG, LDA. the online store coisasdeviana.pt is born, where you can buy regional and contemporary handicrafts from Viana do Castelo and Minho region (Portugal), whose description and detailed information you will find when clicking on the product of interest.
MARSOG, LDA is the owner of the registered trademark MARSOG ®.
1.1- These Terms and Conditions ("Agreement") governs exclusively the contractual relations established between all users of the website coisasdeviana.pt ("User") and MARSOG, LDA. a LLC, with a share capital of 10.000,00 Euros, with corporate headquarters at Rua da Bela Vista, no. 5 - Santa Marta de Portuzelo, 4925-029 Viana do Castelo, Portugal, with principal CEA 13991, collective person identification number 508 502 721, ("coisasdeviana.pt") and replace any and all other agreement, unless the parties have previously agreed in writing, beforehand, and in a different manner.
MARSOG, LDA. can
punctually modify certain provisions of its Agreement, reason why the User must
read carefully the Agreement in each visit that promotes in the website coisasdeviana.pt ("Website").
The User shall not
validate any request formulated in the Website if he does not consider himself
duly informed and clarified with regard to the content and scope of the
Agreement.
By using the
Website, the User undertakes to comply with the Agreement, which have been
prepared in compliance with the provisions of Portuguese law, DL no. 24/2014,
of February 14th, in DL no. 7/2004 of January 7th and in Law no. 24/96 of July
31th.
1.2- MARSOG, LDA. is responsible for managing the Website coisasdeviana.pt and for the sale of the products presented therein, which are described in the most rigorous and detailed way possible.
1.3- When placing an order in Website coisasdeviana.pt the User:
1.4- The MARSOG, LDA. does not
guarantee that all published information is in compliance with the legislation
in force in the jurisdiction of the User, except for the territory of Portugal
and, where applicable, the European Union. Therefore, access to content published
on the Website from places where it is illegal is expressly prohibited. The
User who chooses to access this Website from these locations, will do so at his
own risk and will be solely responsible for such an act.
1.5- The User and the MARSOG, LDA. agree
that any legal matter related to the use of the Website coisasdeviana.pt is
exclusively resolved in the Court of the District of Viana do Castelo,
Portugal, without prejudice to a mandatory provision to the contrary in the
Portuguese legislation, Community directive or international treaty.
2. PRIVACY
All personal
information provided to the Website coisasdeviana.pt will be treated in
accordance with our Privacy Policy, which can be consulted on the Website coisasdeviana.pt.
All personal
information provided to the Website coisasdeviana.pt will be treated with
responsibility and will not be used for any purpose other than that mentioned
in our Privacy Policy.
3. CONTENT OF THE
WEBSITE AND INTELLECTUAL PROPERTY
"Content of
the Website" means all the information contained therein, including, but
not limited to, trademarks, designs, logos, texts, images, photos,
illustrations, audio or video materials, scripts format, web design
and software.
The intellectual
property rights of all contents of the Website that are not of external supply
and as such properly identified, belong to coisasdeviana.pt and
are protected in the general terms of law and by national and international
legislation for the protection of intellectual property, copyright and related
rights, as well as the law on computer crime.
This Website also
contains texts, illustrations and photographs that may not be copied, altered
or distributed unless expressly authorized by their authors. The coisasdeviana.pt rejects
any responsibility for the theft and misuse of the above elements.
It is expressly
prohibited to copy, alter, reproduce, display, distribute, transmit or use the
contents of this Website, in any form or for any purpose, without the express
prior permission of coisasdeviana.pt or its authors with
respect to content that licensed and properly identified.
The coisasdeviana.pt reserves
the right to prosecute the authors of any copy, reproduction, distribution,
unauthorized commercial exploitation or any other misuse of the Website
content, rejecting any responsibility for any misuse of the Website by third
parties.
4. PERMITTED USE
The User is not
allowed to use this Website for other private purposes. The use of any
automated system or software to extract data from this Website for commercial
purposes is prohibited. The coisasdeviana.pt reserves the
right to take any action it deems necessary regarding any unauthorized use of
this Website, including legal procedures without further notice to the User.
5. SAFETY
Without prejudice
to the commitment by coisasdeviana.pt, the confidentiality of the
"personal data" and the application of security measures against the
intrusion of unauthorized strangers, the Users of this Website declare that
they are well acquainted with the characteristics and the constraints,
limitations and defects of the Internet and in particular that the transmission
of data and information via the Internet, circulating in heterogeneous networks
of diverse technical characteristics and capacities, benefit only from relative
technical reliability. These constraints may disturb or render access
unfeasible in certain periods.
Users acknowledge
and accept the inherent risks that any website is subject to unauthorized
third-party intrusion and may therefore be interrupted, as well as that
information circulating on the Internet is not protected against any viruses,
diversions (free access) and that any person is likely to create a link with
access to the Website and/or the elements contained therein. In no case
shall coisasdeviana.pt be liable for incidental or
consequential damages suffered by Users and caused or not by third parties in
connection with the use of the services provided on this Website or in other
places on the Internet to which they have had access through it.
The coisasdeviana.pt is
not responsible for any damage that may be caused by the use of the service,
including virus contamination.
Without prejudice
to the Privacy Policy regarding the use of personal data, coisasdeviana.pt warns
that there are risks related to the Internet and databases, and it is possible
that the personal data contained in the Website can be captured and/or
transferred by third parties. Users accessing this Website accept the risks
inherent in their activity as a user, in particular the risk of possible
transfer of data.
6. CONTENT AND
RESPONSIBILITY
The information on
this Website has been included in good faith and is used exclusively for the
commercialization of traditional products, and its use is your sole
responsibility.
The coisasdeviana.pt, subject
to compliance with personal data protection rules, reserves the right to make
changes and corrections, suspend, discontinue or terminate the Website when it
deems appropriate, without prior notice and for the period necessary for any
technical, administrative, force majeure or other reasons, and cannot be held
liable.
The coisasdeviana.pt is
not responsible and cannot be held responsible for the links in your service to
third-party websites. These links are provided solely for the convenience and
accessibility of the User, and the Website is not responsible
for the content of those third-party websites, and your access and visit are
the sole responsibility of the User.
The coisasdeviana.pt is
not responsible for the privacy policies of third-party websites and that any
existing links do not imply acceptance of its content or association with their
owners by the coisasdeviana.pt.
The coisasdeviana.pt assumes
no responsibility or liability for any actions or content transmitted by or
between you and or any third party within or outside of this Website and although
attentive to the content, does not exercise or can exercise control over it.
The coisasdeviana.pt is
not responsible and cannot be held liable for the veracity and accuracy of the
data or content placed directly by the User to which it will be entirely
responsible.
The User
undertakes not to carry out any operations that may impair the functioning of
the work areas of the Website or to access an area/account and its contents
without its authorization, test, evaluate or break the vulnerability of the
installed security, install or try to install viruses or programs that damage
and/or contaminate, trigger or attempt to launch denial of service attacks or
advise third parties to do so.
It is expressly
prohibited the use of the Website for illegal purposes or any other purposes
that may be considered harmful to the image of coisasdeviana.pt.
Failure to comply
with ethical rules of use and good education means that the user is unlinked
from the service, being the usurpation, counterfeiting, exploitation of the
usurped or counterfeited content, illegitimate identification and unfair
competition punished under the terms of the legislation in force.
The coisasdeviana.pt will
cooperate fully with any law enforcement authorities or court decision that
requests or orders the disclosure of the identity or help in the identification
or location of any person who transmits such content.
The User will be
held liable for non-compliance with the Agreement of this Website in accordance
with applicable civil and criminal law.
The User of this
Website agrees to defend, indemnify and hold harmless coisasdeviana.pt from
and against any claim or demand made by any third party, as well as any
associated obligations, damages, costs and expenses (including, without
limitation, reasonable fees lawyers) arising out of and/or related to the use
of this Website by the User, contents transmitted by the User, violation by the
User of any third party rights and/or violation by the User of these Agreement.
7. DISCONTINUED
The coisasdeviana.pt may
discontinue at any time, the Website without notice.
8. ORDERING
PROCEDURES
8.1- The User may place his order on the Internet through
the Website coisasdeviana.pt (24h/24h, 365 days a year) or, in the case
of personalized products (made to measure or to the User's
taste), by email for encomendas@coisasdeviana.pt
8.2- For all orders, it is necessary that the User is
registered on the website and has a valid and frequently used e-mail account.
To register, you must click on the "MY ACCOUNT / Create Account"
option and fill in the required fields of the online form. Please note that
fields marked with red asterisks are required fields.
Any order that
does not contain all the requested information can be directly ignored by coisasdeviana.pt
8.3- The order of any personalised item (made to measure, to the User's taste or needs) requires prior contact by email so that it can be analysed and quoted.
Alert: For orders mentioned in the previous point, it is extremely important that the User indicates the maximum details for the customization of the intended product (for example: reference and description of it, exact measurements, colour and/or other relevant details).
8.4- When placing an order and its payment, a Contract is formed between the User and coisasdeviana.pt.
8.5- The coisasdeviana.pt undertakes to
accept the ordering and sale of the product(s) under the terms of these
Agreement.
8.6- Before completing an order on the Website, the User
must check exactly the ordered product(s), the quantities, as well as the
delivery address of the order.
8.7- Unless evidence is provided to the contrary, the
data recorded by coisasdeviana.pt constitute proof of all the
transactions made between this and the respective User.
9. CONFIRMATION OF
THE ORDER
9.1- Upon completion of the ordering process in the
User's personal account, the User must proceed to payment by selecting one of
the available modes. Depending on the mode selected, if there is no payment
confirmation the order will be cancelled.
9.2- After receiving the payment confirmation of the
order, coisasdeviana.pt issues and sends to the email of the
account of the User all the necessary information, namely the reception of the
order and the payment confirmation.
Alert: Only and only after the payment confirmation, coisasdeviana.pt will
proceed to the preparation and shipment of the order.
9.3- In the case of customized products (to
taste or according to customer needs), if the User accepts the previously
submitted quotation, the order confirmation is subject to the advance
payment, as a signal, of 50% of the value of this quotation.
Alert: Only and only after receiving this signal, coisasdeviana.pt will
proceed to the production process of the customized product.
10. CANCELLATION OF THE ORDER BY THE USER AFTER VALIDATING AND PAYING
The User can cancel an order that he has validated and paid for up to 14 calendar days. But attention:
10.1- If coisadeviana.pt has not yet sent the confirmation email that the order has passed into the hands of the carrier to be delivered to the address indicated by the User, the User must contact us as soon as possible to cancel the order. You won't have any problems or co sts.
10.2- If the User has already received our confirmation email that the order has passed into the hands of the carrier to be delivered to the address indicated, cancellation of the order is equivalent to exercising the Right to Consumer RightsDirective (or reflection period), the User may do so up to 14 consecutive days after receiving the order. That is, the User will have to receive the order and then return it.
Important: The User will have to pay the return costs (non-refundable amount), however, he will be entitled to a refund of the purchase price and initial shipping costs.
10.3- In the case of personalized items (produced by measure, to the taste or need of the User), if the User cancels the order and it has already entered the production process, he loses the right to any refund of the deposit paid in advance. The same applies in the case of refusing to deliver the order.
11. REASONS FOR
REFUSAL TO PROCESS AN ORDER
11.1- In case of non-confirmation of payment or
non-compliance with these Agreement, coisasdeviana.pt reserves
the right not to accept the order made by the User or to cancel it totally or
partially, even after automatic confirmation of it.
11.2- The coisasdeviana.pt reserves the
right to cancel or refuse the order made by a User with whom it is in dispute
regarding the payment of an earlier order.
11.3- The coisasdeviana.pt also reserves
the right to refuse any order, regardless of the reason and free of liability
for any damages or costs, as well as reserves the right to cancel any purchase,
even if it has already been accepted or confirmed by coisasdeviana.pt,
in particular in the following situations:
· The information on the invoice is not
correct or verifiable;
· The order is flagged by the security
systems of the Site as an incorrect, irregular order, or an order that is
susceptible to fraud;
· When the transfer of the payment of the
order has not been received within a period of 5 business days subsequent to
its acceptance;
· When it is not possible to deliver the
order to the address provided by the User;
· If you consider that the User did not have
the capacity to perform that act;
· If it is found that there was an error in
the presentation of the price of the product(s).
12. ESSENTIAL
CHARACTERISTICS OF THE PRODUCTS
12.1- All traditional and manufactured products
published on the Website coisasdeviana.pt are presented and described as
accurately as possible. The photographs presented are illustrative as a
"presentation suggestion" and the product received by the User may
not exactly match the image, drawing or embroidery of the same product selected
on the Site - either by the hypothesis of each piece, design or embroidery
being unique or by the hypothesis that some modification has taken place on the
part of the supplier artisan in his execution. Remember that they are
traditional handmade products.
12.2- The User should read the description of the products
as closely as possible and, should you have any questions, should contact coisasdeviana.pt through
the means available.
12.3- Due to the type of computer used, colour settings,
internet browser or others, the colours shown in the photographs of the Website coisasdeviana.pt may differ from the actual colours. The coisasdeviana.pt cannot
be held liable for such differences.
12.4- There may be situations where price information has
not been correctly published. In these cases, coisasdeviana.pt reserves
the right not to proceed with the order.
If the User orders
these products and payment, coisasdeviana.pt will contact and
inform he that it is impossible to continue with the process and will present
an alternative to the order.
Then, not
accepting the alternative to the order and if the User has preference for the
refund, it will be immediately arranged and will be made by bank transfer, in
all cases within a maximum of thirty (30) days after payment made by the User.
13. AVAILABILITY
OF THE PRODUCTS
The products published, as well as the prices
corresponding thereto, are valid as long as they are accessible on the Website
taking into account the availability of the stocks verified at the time of
ordering. For items that are not in stock or for customized products (made
to measure or to the taste of the User), orders are valid subject to
availability for artisans.
Accordingly, information on the availability of the
products will be provided at the time of placing the order.
Warning: Any option of choice that an article may have (for
example: size, color of the embroidery or fabric) will not be visible for
selection in the "OPTIONS AVAILABLE" if this option of choice is out
of stock. It will become visible and selectable again as soon as it is
restored.
14. PRICES
14.1- The prices of products published on the Website coisasdeviana.pt are in EUROS/€.
14.2- The price presented for each product ALREADY INCLUDES the Value Added Tax (VAT) to be valid in Portugal at the time of acquisition.
14.3- The costs of shipping shall be borne by the User.
Some factors may make these additional expenses vary.
14.4- At the end of the order, the total price specified
will include VAT and shipping costs, calculated for each order according to the
place of delivery.
14.5- The coisasdeviana.pt reserves the
right to change the prices of items for sale without prior notice. Despite the
extreme attention of coisasdeviana.pt to keep all information
up to date, some products may contain an incorrect price, so we will check
prices whenever we process the orders.
If the price of
the item is lower than the advertised price, the difference will be returned to
the User. If the price is higher, the User will be informed, by electronic
mail, the order being dependent upon re-acceptance.
14.6- From the completion of the order until you have
received the payment, the product is owned by coisasdeviana.pt.
15. PAYMENTS
All payment methods provided on our Site are secure and encrypted by SSL (Secure Socket Layer).
The payment
methods accepted in our Website are the CREDIT CARD AND BANK
TRANSFER.
CREDIT CARD... a simple and safe payment.
Accepted credit
cards are: Visa, Mastercard, American Express.
Payment by credit
card is made with the help of certified payment partners. Your credit card
details, entered by you, will be collected directly by them.
The SSL (Secure
Socket Layer) encryption system that we use, protects and encodes the
transmission of your data, guaranteeing their total confidentiality. The bank
details indicated by you do not circulate on the internet and will not be
stored or registered by thingsdevana.com.
Warning: The acronym
for 'https: //' (where the 's' means secure) in the address bar of your
browser, and the padlock at the top of the page, ensures encryption of your
data and security of your payment.
The amount will be
debited from the User's account at the end of a maximum period of 4 days after
the order date and payment will become effective upon confirmation of the
agreement of the payment centres.
The recipient of
the order need not necessarily be the holder of the credit card.
The coisasdeviana.pt is not responsible for the possible fraudulent and illicit use of credit cards that can be made by third parties at the time of payment of the order.
BANK TRANSFER
Make payment by bank transfer to the IBAN / SWIFT provided in the order summary or order confirmation email.
This payment method is made to a national account (in Portugal).
To facilitate and expedite the shipping process, enter your order number in the "Reason for Transfer" field.
The bank transfer must take place within 5 calendar days from the time you confirm the order.
Send photograph of the transfer receipt to the email: encomendas@coisasdeviana.pt, also indicating the order No.
The order will only be processed after entering the amount in our account.
PAYPAL
Payment by PayPal is a simple and secure method used worldwide, regardless of the currency of origin.
With PayPal, you can pay for items or orders with your credit card without exposing your card numbers. You can add your credit card to your PayPal account so you don't need to enter your card number every time you make a purchase. Just log in with PayPal and quickly, in a few clicks, check out.
Through your PayPal account, you can also view the history of your online transactions 24 hours a day.
Please note that by paying with PayPal, you are accepting its terms and conditions as well as the management charges for using this payment method.
For more information on this payment method, visit www.paypal.com.
Note: If you suspect any anomaly or fraud, we reserve the right to cancel your transaction for security reasons.
16. SHIPMENTS AND
DELIVERY
We ship to any
part of the world and the associated costs are calculated according to the
weight of the order and the address of delivery.
The shipment of
the order will be carried out on the following business day after receipt of
confirmation of the payment of the same.
IMPORTANT:
We only ship
orders on working days. To estimate the
time of delivery of orders, weekends and holidays are not counted.
Shipping costs do
not include any import taxes that may be charged upon entry into the User's
country of destination.
The indication of
an incorrect or incomplete delivery address may lead to the return of the order
to coisasdeviana.pt and cause additional costs for the User,
so it is recommended that the user always make sure that the delivery address
indicated when registering the order is effectively correct and complete. Once
the order is shipped, you cannot change the delivery address or the billing
data indicated.
In case the
Customer is not at the indicated address at the time of delivery, the carrier will
make a second attempt to deliver. If delivery’s still not possible, the order
will be returned to coisasdeviana.pt. A resubmission will only
occur upon payment by the User of new shipping costs.
16.1- SHIPPING COSTS
Shipping costs already include VAT at the legal rate in Portugal.
FREE SHIPPING on orders over 150,00 € sent to Portugal.
PORTUGAL - from 7,00€
EUROPE (EU) - It depends on the
delivery destination and weight of the order. See “Estimate shipping &
taxes”.
REST OF THE WORLD - It depends on the
delivery destination and weight of the order. See “Estimate shipping &
taxes”.
16.2- CUSTOMS
DUTIES AND CHARGES
Orders outside the
European Union may be subject to Customs, Import and/or Taxes to be collected
as soon as the order arrives in the destination country. The coisasdeviana.pt cannot
predict what these costs could be.
If the order is
subject to any additional charges, they will be charged directly by customs in
the destination country and are the responsibility of the Customer. Please contact your local customs services for more
information.
16.3- DELIVERY
TIMES
Delivery times may
vary depending on the region and/or destination country and the distribution
network provided by our carriers in that same region and/or country.
After delivery to
the carrier:
Portugal - 1 to 2 business days
Azores and Madeira - 2 to 5 business days
Europe (EU) - 2 to 7 business days
Rest of the World - 2 to 5 business days
IMPORTANT
INFORMATION
For customized
products (made to measure or to the taste of the User), the delivery
time depends on the term of manufacture of these products (validation
of payment of the value of the signal + validation of measurements with the Client
+ time of manufacture + preparation of the order + validation of the remaining
payment + delivery of the order to the carrier).
The delivery times
given are merely indicative and do not take into account any delays caused by
problems with payment authorizations or customs clearance in the country of
destination.
Any delay in the
dispatch of products, given the estimated dates presented, does not give the
User the right to compensation.
Delivery addresses
erroneously reported are the responsibility of the User and may incur
additional costs.
16.4- DELIVERY
STATUS
As soon as an
order is shipped, the User will receive a shipping confirmation notification
with its tracking and tracking number (Track & Trace) on the carrier's
website.
Since a signature
is required at the time of delivery of the orders, the User, or his
representative, must be present at the destination address at the time of
delivery.
Attempting
to track your order online upon receipt of the shipping confirmation email may
not return any results. The information about the shipment can take up to 24
hours, counted from the reception of the confirmation of the expedition, to be
updated in the website of the carrier without any responsibility can be imputed
to coisasdeviana.pt.
16.5- SUCCESSFUL
DELIVERY
We can only
guarantee that all orders leaving our premises are in the best condition and
without any damage. We are not responsible for the poor order status at the
time of delivery. We also point out that the good delivery of an order is
fulfilled if the shipping address of the products is well indicated by the
User, or if the responsible carrier has the utmost care in the transportation
of the same.
The User is
requested to carefully inspect the box BEFORE signing the delivery document on
delivery of the order. If for some reason the packaging appears to be tampered
with and/or damaged, please sign the delivery document with reservations, or
refuse delivery.
If you accept the delivery of the order with reservations or if you refuse it, please immediately make a complaint to the carrier and contact coisasdeviana.pt by sending an email to geral@coisasdeviana.pt
16.6- NO DELIVERY
ORDERS IMPUTABLE TO THE USER
If the order is
not delivered successfully at the address indicated by the User due to some
reason attributable to you (absence of person at the address, wrong telephone
number, wrong or incomplete address, posting was not carried out or
non-compliance with import regulations), there may be a risk that the order
will be returned at the expense of the User, including any import charges that
may be collected upon re-entry in Portugal in the case of shipments to
countries outside the EU. These costs will be deducted from any reimbursement.
The reshipment
will only occur after payment by the User of new shipping costs.
16.7- NO DELIVERY
ORDERS IMPUTABLE TO coisasdeviana.pt
If for any reason
imputable to coisasdeviana.pt it is not possible to proceed
with the delivery of the ordered products, within 30 (thirty) days after the
confirmation of the order, the User will be offered a new delivery date. If
this new date is not convenient for any reason, the User may terminate the
contract without being charged any expenses or charges. The User will be
reimbursed of all sums paid in the period of maximum 30 (thirty) days counted
from the termination of the contract.
16.8- FORCE
MAJEURE
In case of force
majeure, the obligations of coisasdeviana.pt may suffer
delays. The contract between coisasdeviana.pt and the User
may, in such cases, be partially or completely denounced by either party.
It is considered
force majeure whenever situations arise of war, civil war, revolution, riot,
government measures, strikes, blockades or natural disasters.
In any of these
cases, coisasdeviana.pt will do everything to resolve the
problem with the User as soon as possible.
17. EXCHANGES AND
RETURNS
17.1. EXCHANGES
Same reference and by size or colour.
Exchanges may only be made when a product of the same
reference is available in another size or colour and within 14 days of
receipt of the order.
Exchange for products from other references is not
currently available.
The request should be made as soon as possible so that
you can try to secure a reservation of another size or color.
ALERT: The shipment of the
new product will only be made after payment of new shipping costs by the User.
17.2. RETURNS
In the event of non-compliance, error in the delivery
of the order or exercise of the right of withdrawal(*) and the User wishes
to return one or more products, must do so within 14 days of
receipt of the order.
(*)The right of withdrawal, learn more HERE.
In all cases, the products must be properly protected
at the time of return, must be returned under the proper conditions of use,
must not be damaged, dirty or with traces of handling that exceeds the handling
normally permitted in a commercial establishment and must be accompanied by all
possible accessories.
The User must ensure that the returned product (s) arrives at coisasdeviana.pt within 28 (twenty-eight) days from the date of receipt.
After this period has elapsed, no returns or refunds will be accepted.
IMPORTANT: Exchanges or returns of
custom products are not accepted, ie they have been made to your specifications
or are clearly customized to your personal needs or tastes.
17.3. EXCHANGE AND RETURN INSTRUCTIONS
To request an exchange or return you must access the
"Order History" in your personal area and click "View" in
the line corresponding to the product you want to exchange or return to view
the OVERVIEW, once there you must Click on “Return” and follow the ordering
instructions.
The User can, at any time, follow the evolution of the order status in his personal area in “MY REQUESTS” / “Order History”.
Note: The address to which the User must send the product(s) is the one in the header of the invoice issued and sent.
Warning: No returns will be accepted for any products that are sent to our address for collection.
17.4. COSTS AND REFUNDS WITH EXCHANGES AND RETURNS
The expenses and charges for exchanges and returns are the responsibility of the User.
The coisasdeviana.pt will only assume the costs related to a new shipment if the cause of the return is proven to be attributable to coisasdeviana.pt.
ALERT: For exchanges, the
shipment of the new product will only be made after payment of the new shipping
costs by the User.
The coisasdeviana.pt will reimburse the User for the corresponding invoiced amount (including initial delivery shipping charges) within 14 (fourteen) calendar days of receipt, verification and control of the product (s), in accordance with with the conditions described above. The refund will be made by bank transfer to the NIB or IBAN indicated by the User. The refund may, however, be withheld by coisasdeviana.pt until the returned product is received by it.
IMPORTANT: As with the exercise of
the right of withdrawal(*), all Customs Duties, taxes or additional costs that
the User may incur will not be refunded by coisasdeviana.pt in
case of return of products.
18. CONSUMER
RIGHTS DIRECTIVE
From 14 February
2014 the European Union’s consumer rights directive came into force in
Portugal. For e-commerce consumers, there are important changes.
Warning: These rights do not apply if you buy from a
business outside of the EU or from another consumer.
This section
explains your legal right of withdrawal from a contract of sale, in the case
that you are a consumer (a private individual not using or intending to use our
products for commercial purposes).
18.1- THE RIGHT OF WITHDRAWAL UNDER THE CONSUMER RIGHTS DIRECTIVE WHAT'S IT?
In the EU, it is the legal right recognised to consumers (individuals and for non-commercial purposes), which allows them, under certain conditions, to freely cancel a distance and off-premises contract within 14 days, without the need to invoke a justifiable reason and without any penalty.
18.2- TIME
LIMIT FOR EXERCISING THE RIGHT OF WITHDRAWAL
In order to exercise your right of
withdrawal, you must inform us,
MARSOG, Lda.
Rua da Bela Vista, n. º 5
Santa Marta de Portuzelo
4925-029 Viana do Castelo
Portugal
geral@coisasdeviana.pt
of your decision
to withdraw from this contract by means of unambiguous declaration (e.g. a
letter sent by post or an email). You can use the template withdrawal form
(below) for this purpose. The use of the template withdrawal form is not
mandatory.
In order to
observe the withdrawal period, it is sufficient for you to have sent the
unambiguous declaration about your exercising your right of withdrawal from the
agreement before the withdrawal period expires.
18.2- CONSEQUENCES OF WITHDRAWAL
Should you
withdraw from this contract, we must immediately refund you all payments that
we have received from you, including delivery costs, at the latest within
fourteen (14) days from the date on which we receive the communication
concerning your withdrawal of this contract. For this refund, we use the Bank
Transfer to the IBAN and SWIFT indicated by you; in no case will you be charged
fees for this refund.
In order for the customer's right of withdrawal to be accepted, the product must be returned to us imperatively under the following conditions:
18.3- EXCEPTIONS
There are exceptions to when the right of withdrawal
does not apply. There is no right of withdrawal in the case of supply of
products made according to consumer specifications or manifestly personalized.
In order to exercise this the right of withdrawal, the
Customer must notify his decision to coisasdeviana.pt by email (geral@coisasdeviana.pt),
through an unequivocal statement.
18.4- TEMPLATE WITHDRAWAL FORM
(If you wish to withdraw from the contract, you can
fill out this form and return it to us.)
For:
MARSOG, LDA.
Rua da Bela Vista, nº 5
Santa Marta de Portuzelo
4925-029 Viana do Castelo
Portugal
Email: geral@coisasdeviana.pt
I hereby give notice that I have resolved in my
contract of sale for the following goods: (indicate the reference
and name of the product(s))
- Received on: (indicate the date of
receipt)
- Name of the consumer and User
- Address of the consumer and User
- Date
- Signature of the consumer (only if the form
is submitted on paper)
18.5-
RETURN AND REFUND OF THE PRODUCT(S) UNDER THE RIGHT OF WITHDRAWAL
a) The exercise of the right of withdrawal shall give
rise to a refund of the invoiced price of the product(s) as well as the costs
of the initial delivery, without undue delay and in all cases within a maximum
period of 14 (fourteen) calendar days from the date on which you informed
coisasdeviana.pt of your decision to terminate this contract. You will be
reimbursed using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any costs as a result of such reimbursement.
The refund may, however, be withheld by coisasdeviana.pt until the
returned item(s) is received by it.
b) The
expenses and charges with returns are the responsibility of the User.
c)
Products returned incomplete, damaged or dirty by the User will not be
accepted.
d) The
products must be returned to:
MARSOG, Lda.
Rua da Bela Vista, n.º 5
Santa Marta de Portuzelo
4925-029 Viana do Castelo
Portugal
19. GUARANTEE OF
THE PRODUCTS
The coisasdeviana.pt assumes
to its Users the legal guarantee of conformity and the guarantee regarding any
defects of the products sold.
19.1- The exercise of the right to guarantee on the part
of the User will always take place upon submission of the complaint to coisasdeviana.pt and
the return of the product.
The coisasdeviana.pt will
analyze the product in question in order to confirm the effective right to
guarantee by the User, excluding all situations that prove to result, inter
alia, from:
Warning: Upon inspection of the product received, the User
will be informed of the follow-up of his request.
19.2- In cases where the guarantee is exercised, coisasdeviana.pt will
promote the repair, exchange or reimbursement of the product in the shortest
possible time, up to a limit of 30 (thirty) days from the notification sent by
mail to the User through which the right to trigger the warranty of the product
will be confirmed.
The refund of any
amount paid will be made by bank transfer, unless otherwise agreed with the
User.
These provisions
do not prejudice any rights of the consumer that result directly from the law
in force.
20. SUGGESTIONS
AND COMPLAINTS
The opinion of our
Customers is very important for coisasdeviana.pt since it
allows us continuous improvement. So, if for any reason our Customers are not
satisfied with our products, or if they have any suggestions, we thank you for
taking a few minutes to report any situation, preferably by sending a message
to our email address.
21. JURISDICTION
The Terms and Conditions and the Privacy Policy shall be governed by and construed in accordance with current Portuguese law. The User irrevocably accepts the jurisdiction of the Portuguese courts to resolve any conflict arising out of and/or related to the Terms and Conditions, the Privacy Policy and/or the use of this website.