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Terms and conditions

Terms and conditions

These terms and conditions apply to the use of the www.ARTESANY.com website ("We", "Our" or "Website" as the context allows).

You accept that the use of this website and any transactions made through the website are subject to these terms and conditions ("Terms"). We advise you to read these terms carefully and thoroughly and print a copy for future reference. By browsing, using, registering, or completing any transaction through our website, you confirm that you have read, understood, and agreed to these terms. If you don't, you should not use this site.

When placing an order through our website, you guarantee that you are legally able to enter into binding contracts and that you are at least 18 years old.

▶ Article 1 - Information about us.
Operated by: ARTESANY.
It carries out its activity under the name: ARTESANY.com or ARTESANY.
Office address: Lisbon, Portugal.

▶ Article 2 - Modifications to these terms.
We reserve the right to make changes to these terms from time to time. All changes will take effect as soon as they are published on the website and will apply to all product purchase contracts from that date. It is your responsibility, as a visitor, to read the terms and conditions each time you use this website.

All exemptions from these terms and conditions can only be effective when written and signed by an authorized representative. In that case, the other provisions of these terms remain fully intact.

▶ Article 3 - Ordering process.
All orders placed at ARTESANY.com are subject to acceptance of our terms and conditions.

The terms in effect at the time of the conclusion of the contract will be applied to your order unless you specifically agree to the applicability of the new version.

When placing an order on our website, you will be required to provide personal details, including (but not limited to) your name, address, postal code, current residence, and email address. Your personal information will be used following the terms of our privacy policy.

When placing an order on our website, you must be registered and provide a username and password ("Registration details"). The information you provide on this website must be complete and accurate at all times. You are responsible for maintaining the confidentiality of your registration details. We will not be responsible for damages or losses that may arise because of any failure to maintain the confidentiality of your registration details. If you have any questions about your registration details or become aware of any misuse, please contact us at shop@artesany.com.

▶ Article 4 - Confirmation of your order.
After placing an order, you will receive an email notification confirming that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm that acceptance by sending you a notification via email that confirms that the product has been shipped ("Shipping confirmation"). The contract between us ("Agreement") will only be formed when we send the products to you. Before that, we could notify you that we do not accept the order, or that you can cancel it.

All products you order through the website will remain our property until we have received full payment for the products ordered.

▶ Article 5 - Payment.
Payments can be made using any method mentioned in the payment methods section.

We process the payment once we have received your order. Once we have verified your card or Paypal details and current stock, the product will be ready to be shipped.

To make sure that your credit or debit card or Paypal account is not used without your permission, we will validate the information during the ordering process (name, address, and other personal information sent by you) in the appropriate databases from third parties. By agreeing to these terms, you agree to this process. This information is only used to verify your identity.  All information provided by you will be treated following our privacy and data protection policy.

We have your payment controlled by a third-party merchant service provider that complies with official data security standards in the payment card industry (PCI).

▶ Article 6 - Security.
After reaching the payment stage of your order, the secure mode will be automatically activated. This mode can be recognized by a padlock that is visible in your browser. The secure mode ensures that all your details are encrypted for added security.

For us to be able to process the payment with a debit or credit card, we will ask for your card details. We will ask you to provide these details each time you make a payment to us. Apart from the conditions mentioned above, we will not contact you by email or other ways to request any payment card details or security information. If you receive an email requesting such information, please contact our customer service immediately.

We try to ensure that the website is free from software bugs, viruses and other malicious or harmful content, but we do not guarantee that the website will be completely secure or free of these items. It is important that you have in place suitable security and protection software to protect your computer and other devices. Except as required by applicable law, we will not be responsible for any loss or damage suffered by you because of viruses or other harmful content when using our website.

▶ Article 7 - Delivery.
Delivery time and charges vary according to the delivery address and the type of product you wish to receive. For more details, please refer to our delivery information.

We make every effort to meet the delivery deadlines we promise. However, occasionally due to unpredictable factors, delays are inevitable. We will not be responsible for any delay or failure to deliver products within the estimated timeframes if it is wholly or partially caused by circumstances that we cannot control.

If no one is available at your delivery address, a note will be left advising you on the current location of your order, which could be with your neighbor. Alternatively, your order may have been returned to one of the carrier's deposits.

The risk of damage or loss of products remains our responsibility until the date on which the products (fully paid) are delivered to you or the date of the first delivery attempt.

▶ Article 8 - Returns.
For information on the return of a product, please refer to our return policy section.

According to The Consumer Protection (Distance selling) Regulations, you have the right to return your order within 15 days, starting on the day after the date when you received the product. In this case, you will receive a full refund of the price paid for the product. The refund will be fulfilled according to our return policy, and otherwise, according to your statutory rights.

If you want to cancel/return your order, you must inform us by email and we will let you know how to proceed (see our return policy section for more information). You can return products if they are complete, in the original packaging, and unused. Articles must keep all labels and be in perfect condition. You have a legal obligation to properly care for the products while they are in your possession. If you have failed to comply with this obligation, we may have the right of action against you for compensation.

These terms do not affect your other legal rights as a consumer and are not intended to be a complete statement of your statutory rights. For more information about your rights as a consumer under The Consumer Protection (Distance selling) Regulations, please contact your local authorities.

On rare occasions, product specifications may change. If this is the case, we will contact you as soon as possible to offer you an alternative product, similar to the original. If you are not satisfied with the replacement or alternative product, please contact our customer service. In this case, you will receive a full refund of the price paid for the product, according to our return policy.

If you believe that you have received defective, damaged, or incorrect products, you must inform us within a reasonable period. Please do not return the product in the first instance. Allow us to contact you and discuss a suitable solution that may include the repair or replacement of parts, a replacement product, or a full refund.

▶ Article 9 - Refunds.
In the case of a return, the refund of the value of your purchase will be fulfilled after validating the compliance with our return policy. This might take 7 to 15 business days, depending on the payment method used.

▶ Article 10 - Legal guarantee of conformity.
We guarantee that any product purchased through our website complies with the respective sales contract for a period of two years (24 months) from the date of delivery, as mandated by EU law (Directive 2019/771). Compliance with the sales contract means that the products comply with the description on our website, are suitable for the purposes for which products of the same type are normally used, and show the quality and performance that are normal for products of the same type and that can be reasonably expected. This legal warranty also covers damages that may occur during transportation. If the purchased product is damaged upon arrival, please contact our customer service immediately so we can arrange the necessary steps.

In the event of a lack of conformity, you are primarily entitled to have your product either repaired or replaced. If repair or replacement is impossible, disproportionate, or cannot be completed within a reasonable timeframe without significant inconvenience to you, you are then entitled to a secondary remedy, which is an appropriate reduction in price or a full refund (termination of the contract). This legal guarantee does not affect or interfere with any of your other rights as a customer, based on national laws and regulations. Your rights under the legal warranty become invalid if anybody other than the manufacturer, or any other repair service not assigned by ARTESANY, modifies or repairs the product.

▶ Article 11 - Accuracy of content.
Except as set out below, the price you paid is the price that was displayed at the time we received your order, except in the event of an error.

Although we make every effort to ensure the accuracy of prices stated on the website, some errors are unavoidable. If we discover an error in the price, we will contact you as soon as possible to give you the actual and correct price or to cancel your order. If we are unable to contact you, the order will be automatically canceled. If it is canceled but you have already paid, we will refund you the total amount paid.

All prices are shown in euros and include VAT at the prevailing rate. Prices do not include delivery costs that are shown in relation to products with our delivery information.

All sizes, measurements, and dimensions are approximate. We try to display them as accurately as possible, but we cannot guarantee that they are correct at all times.

We use our reasonable efforts to display photos of the products as accurately as possible from their actual representation.
 
▶ Article 12 - Copyrights and intellectual property.
By agreeing to our terms you acknowledge and agree that all copyrights and other intellectual property rights are made available for your personal use only and always remain our property.

You can download or copy content or materials from our website as support for personal use only. Copying, reproducing, publishing, distributing, or displaying content from our website for any other use is illegal and prohibited by law.

The content and other materials on our website are for your personal use only and should not be copied or used unless agreed by us or one of our representatives within authorized written terms.

▶ Article 13 - User-generated content: reviews, comments, communications, and other content.
You may interact with ARTESANY in numerous ways, including reviews and ratings, videos, questions and answers, community forums, testimonials, and email communication. You hereby grant ARTESANY a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information given via email or phone) or materials you share with us throughout the world in any media, including when you allow ARTESANY to feature text, images and videos shared through social media (e.g., Facebook™, X™, Instagram™, Pinterest™) or submitted through our reviews and ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content with us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

▶ Article 14 - Liability.
If you are unable to comply with these terms, you should be the only one responsible for your purchase on our website.

The user will be responsible for the content of the information sent or transmitted to our website.

It is known to the user that the use of the website may not be 100% secure, with the possibility of the information sent/received being intercepted by unauthorized parties, and ARTESANY is not responsible for failures in the security of communications and does not assume any responsibility for the misuse of your information by third parties.

The user acknowledges that the access and use of the website may suffer interruptions and that the information on the website may contain bugs, errors, technical failures, problems, or other limitations. The website may contain links to other websites or be accessed through other websites. ARTESANY cannot be held responsible for them, namely for content control, availability, operability, or performance.

To the maximum extent permitted by law, ARTESANY excludes any liability, direct or indirect, for the use of this website. We will not be liable for losses that result from our inability to comply with these terms (loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; loss of prestige or reputation; or any loss).

If any of the terms and conditions of this contract is determined by any competent authority to be invalid, illegal, or unenforceable, the remaining terms and conditions continue to be valid to the fullest extent permitted by law.

▶ Article 15 - Complaint's procedure.
Complaints about the execution of the contract must be completely and clearly described within a reasonable period after the customer has observed the failures.

The client must allow at least four weeks to resolve the complaint in mutual consultation.

▶ Article 16 - Other important terms.
All contracts are concluded in English. All issues that may arise must still be governed by Portuguese law and will be subject to the jurisdiction of Portuguese courts.

These terms constitute the entire agreement between us and supersede all previous discussions, correspondence, and negotiations between us regarding any matter.

We may, at our sole discretion, terminate your account or your use of the ARTESANY website at any time. You are personally liable for any orders that you place or charges that you incur before termination. We may change, suspend, or discontinue all or any aspects of the ARTESANY website at any time without prior notice.

No person who is not a party to this agreement will have any right to enforce any term of this agreement.

▶ Article 17 - Contact us.
If you have any questions about these terms or our website, please contact our customer service.
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