COMPANY INTRODUCTION
TERRA ESPLÊNDIDA – LDA (hereinafter TE) headquartered in Azinhaga da Alagueza, Lote X, 2nd D, 1800-005 Lisbon, Portugal, registered at the Lisbon Commercial Registry under the number of registration 508035880, owner of the website https://www.terraesplendida.com/loja defines in this document the terms and conditions for the sale of artworks online as well as other items such as clothing and merchandising.
DEFINITIONS
For the purposes of these Terms and Conditions:
Registration: the process through which any person, individual or collective, can register on the website and purchase in accordance with the applicable terms and conditions; registration is a previous requirement to participate;
https://www.terraesplendida.com/store: platform where buyers can register to purchase one of the available products. We may update the terms and conditions at any time. If we do, we will notify you by posting the updated terms and conditions on the website or through other communications channels. You should review the terms and conditions each time we update them, and each time you use the services.
READ IT CAREFULLY
Please read the following terms and conditions carefully before placing your order, as they govern your use of our website and our services, as well as the content accessible through our website, and apply to all offers and sale of products through our website.
DISCLAIMER
By placing an order on https://www.terraesplendida.com/store, the buyer represents that they are at least 18 years of age or has the permission of their parents or guardians. By using our services, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not use our services.
BUYERS
The buyer can only purchase on https://www.terraesplendida.com/loja after accepting these terms and conditions and the privacy policy, without any restrictions or reservations. For this purpose, the buyer must provide data that will allow their identification.
PERSONAL DATA
Information and personal data related to buyers are processed by TE and, unless otherwise mentioned, are indispensable to ensure the management of the respective accounts of access to the service, the compliance of the legal obligations implied, and to improve and customize the services offered to users. TE will collect and process the personal data of buyers, inserting it in an appropriate database and for which TE will be responsible. Users of the website commit to provide and keep their personal data updated and true. Personal data concerning the registration form which are determined to be incorrect or incomplete, constitute reason for the immediate suspension or termination of the provision of the online market, as well as for the resolution of the respective contract.
Pursuant to the obligations established in Regulation (EU) 2016/679, of the European Parliament and of the Council of April 27th, 2016, and in the Law no. 58/2019 of August 8th, on the protection of individuals with regard to the processing of personal data and the free movement of such data, it is up to TE, as the owner of the website, to provide a set of information regarding the processing of its users’ personal data, as well as ensuring the exercise of the rights provided in that regulation. In this sense, you can consult our privacy policy here to find out how we treat your personal data, as well as how to exercise your associated rights and responsibilities. Only if you have subscribed to our newsletter, we will store your email so that you can receive updates on new products and other communications related to TE.
REGISTRATION
The data requested for registration is:
Name
Surname
Telephone
Company
Tax identification number
Address
PRODUCTS
TE cannot guarantee that all products shown will be available at the time you place your order. If the product you ordered is no longer available, you will be contacted by email immediately after placing your order. We guarantee that our products are new. The availability of the product is indicated in the product description. The photographs in the catalog are as similar as possible to the actual products, but we cannot guarantee perfect similarity with the product offered, especially in the colors of the product. The images shown do not have any contractual value. Please note that due to your computer color settings, the colors of the products shown in the photos on the TE website may differ from their actual colors. TE cannot be liable for any discrepancy.
CHOICE OF PRODUCTS
The products presented on this website are grouped into various categories: these categories are identified in the main menu that is displayed above the product list. By choosing one of these categories, you will have access to the category belonging to the selected area, as well as to the products list. In each of these categories there may also be aggregate subcategories. When selecting a category or subcategory you will have access to the products list.
SHOPPING CART
The products displayed on the website that you want to order must be added into the shopping cart, using the “buy” option. You may also obtain more detailed information about the products visualized, by clicking on the product name, to access detailed images of it, its designations and references, characteristics, other models, etc.
After you have put all the products you want to order into the shopping cart, you can go ahead and complete your order. For this purpose, you must observe the following steps:
Step 1 – Identification.
If you have already logged in, you can move to step 2.
Step 2 – Account and address for billing.
Step 3 – Address for delivery.
Step 4 – Payment method.
Step 5 – Confirm order.
After confirmation of your order, you will receive an order receipt reply email.
PRICE AND PAYMENT
The prices for all products are displayed on this website and are valid at the time the order is placed. These include taxes at the legal rate in the jurisdiction of TE. These exclude any shipping costs and customs fees, import fees or any other taxes that may occur in international orders once the product arrives in the country of destination. Shipping costs will be calculated when you place your order, based on your location, size and weight of your order. These will be indicated to you at checkout before proceeding with the purchase. When proceeding with the purchase you agree with the shipping costs indicated to you, which are charged automatically. International orders may be subject to customs or import charges once they arrive in the country of destination. TE is not responsible for the payment of these charges; they must be paid by the customer. Unfortunately, TE has no control over these charges and as they vary from country to country, we are unable to advise you at checkout. Ensure you are informed of these charges by checking with your local customs office before placing an order. Pay special attention if you are ordering from outside the EU. We reserve the right to change the prices of products and shipping costs at any time, without prejudice to orders already placed. Please note that if a customer refuses the delivery of the package, is not available to receive the package, or has not picked up the package as requested by the mail, the customer will be charged for shipping costs and importation fees related to the automatic return of the package to the shipper. We accept payments by debit and credit cards (Visa, Mastercard and American Express), MB Way and Multibanco. All transfers made through our website are handled and transacted through third-party gateways to guarantee your protection. Card information is not stored, and all card information is handled via SSL encryption. When you make a purchase through our services, you authorize us or our third-party payment processor to charge your payment method for such purchases (plus any applicable taxes and other charges) that may be accumulated by or in connection with your purchase. When initiating a purchase transaction on our website, you will be asked to provide the usual billing information, such as your name, billing address and credit card information. You may also be needed to provide additional information to verify your identity before completing your transaction. If you are checking out using a third-party payment processor, these terms and conditions apply to your payment transaction.
CONSTRAINTS DURING A PURCHASE
If you have a problem with your order, send us an email at geral@terraesplendida.com. We normally respond to all customer complaints or inquiries within five business days.
SHIPPING POLICY
TE delivers orders worldwide via CTT. With the help of your tracking number information, you can track your package at www.ctt.pt. The package will be delivered to the address that you indicate as a delivery address. TE will not be responsible for delays in shipping caused by weather conditions, international customs issues or any other circumstances beyond our control. Orders for available items will be processed within 1 to 2 business days after the order is placed, upon confirmation of the availability of the item and the bank transaction. Once the order has been shipped, it is no longer possible to change the delivery address. TE does not ship on Saturdays, Sundays or on Portuguese bank holidays. Orders from mainland Portugal and islands will be delivered within 1-5 business days from the day you receive your shipping confirmation. International orders will be delivered within 2 to 8 business days from the day you receive your shipping confirmation. TE is not responsible for orders lost or damaged during transit.
ADDITIONAL INFORMATION
TE reserves the right to change any information, including but not limited to prices, technical specifications, purchase conditions and product offers without prior notice. If the purchased product is sold out, TE reserves the right to cancel the order and refund any amount paid. TE will also notify customers of equivalent replacement products, if available.
RIGHT OF FREE RESOLUTION
Under the terms of Decree-law no. 24/2014, of February 14th, applicable to distance contracts, the user has the right to freely terminate a contract, without indicating a reason, within a maximum period of 14 days from the date the order is receipt. We provide a model of a free resolution form at the end of these terms and conditions, accessible via a link, which the user can download, complete and send (by post or electronically). Please note that in accordance with applicable law, we do not assume the costs of returns.
In the case of acquisition and supply of goods made according to the buyer’s specifications or customized, the buyer will not have, according to the law in force, the right to exercise the right of free resolution.
GUARANTEE
If the product is returned by the buyer, the buyer should bear the costs inherent to its shipping, except if there is a specific campaign in force. If the non-compliance of the product is verified, shipping costs will be refunded by the seller. If improper use of the product is verified, shipping costs will be paid exclusively to the buyer. The buyer is responsible for the handling of the goods and for the depreciation of their value during the period applicable to the right of withdrawal. The buyer is responsible only for the depreciation of the goods arising from handling the goods which exceeds what is necessary to verify the nature, characteristics and functioning of the goods. The depreciation of the goods may in particular consist of the cost of cleaning and repair and, if the goods can no longer be sold as new, of the loss of income objectively justified for the TE to disposal of the good returned as a used good. Return of goods without the original packaging, or with an abnormal depreciation of the packaging, may be considered a depreciation of the goods.
REFUNDS
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund request.
If your refund is approved, we will take the necessary steps to process and complete your refund. A credit will automatically be applied to your original credit card or payment method within 14 days. If you have not received your refund within this period, first contact your credit card or bank company, as it may take some time for your refund to be officially posted due to the processing time of the bank or credit entity. If you followed all the steps, and still haven’t received your refund, please contact us at geral@terraesplendida.com and we will do whatever possible to help you.
LIABILITY
TE is not responsible for damages resulting from failures or deficiencies of the website, or its maintenance operations, as well as for any unforeseen and insuperable events, beyond its will or control, which prevents it, totally or partially, definitely or temporarily, to fulfill the obligations arising from the contract and/or resulting from breach, delay or defective performance which are not attributable, by matter of crime or gross fault, to TE or its representatives, agents, assistants or any other persons who this use to fulfill your obligations. The user is responsible for the use they make, in particular the information that they provide in the purchase.
INTELLECTUAL PROPERTY
All content and information contained on the website, namely, texts, logos, illustrations and images, are protected under the terms of copyright and related rights as well as intellectual property, for the whole world of protection of such rights. In this conformity and in the terms of the provisions in the copyright and related rights code, only private use is authorized, without prejudice to different and perhaps more restrictive provisions contained in the said code. Any total or partial reproduction or representation of the website and/or of all or part of the elements found on https://www.terraesplendida.com/loja is absolutely prohibited.
PARTIAL NULLITY
If one or several provisions of these terms are considered invalid or declared as such by application of law or by final decision of a competent court, the remaining provisions will remain valid and effective.
APPLICABLE LAW AND JURISDICTION
These terms are subject to the Portuguese and European legislation. Any dispute regarding its interpretation and execution is the responsibility of the Courts of the District of Lisbon, with express waiver by any other.
ELECTRONIC COMPLAINT
If you want to make an electronic complaint, you can make it on the electronic complaint book website https://www.livroreclamacoes.pt/inicio/.
FREE RESOLUTION FORM
Under the terms of Decree-law no. 24/2014, of February 14th, applicable to distance contracts, the user has the right to freely terminate a contract, without indicating a reason, within a maximum period of 14 days from the date order receipt. We provide a model of free resolution form, which the user can download, fill out and send (by postal or electronic address). Please note that in accordance with applicable law, we do not assume the costs of returns.
Step-by-step contract resolution:
- Download the form template: here.
- Fill in your data.
- Sign the document.
- Send the order by registered mail with notice of receipt, to: Azinhaga da Alagueza, Lote X, 2 D, 1800-005 Lisboa, Portugal
TERMS UPDATED IN 31/03/2023