Terms and Conditions African Arte Lisboa
SCOPE AND OBJECT OF THE CONDITIONS AND OBJECT OF THE GENERAL CONDITIONS OF THE ONLINE STORE
These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions that will govern the provision of the African Arte Lisboa Online Store Service, with registered office at Rua Sousa Lopes 10 B, 1600-207 Lisbon.
The Service consists of providing, through the address www.africanartelisboa.com , access to the Online Store which, in addition to providing information relating to a set of products and/or services, allows the User, electronically, to order the products advertised there, under the terms and conditions described here.
The order of products must be made by Users aged 18 (eighteen) years or over. The elements and information transmitted by the User will enjoy full legal effects, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
PRODUCT INFORMATION AND CONTENT
African Arte Lisboa will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever these occur.
African Arte Lisboa will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for African Arte Lisboa to control, such as human errors or incidents in computer systems, it will not be possible to make some of the products available. products requested by the User. If a product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with a corresponding refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by African Arte Lisboa.
RESPONSIBILITIES
All products and services sold in the African Arte Lisboa Online Store are in accordance with Portuguese Law.
The Online Store has adequate levels of security, however African Arte Lisboa will not be responsible for any losses suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors outside its control. control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from downloading through the file service infected or containing viruses or other properties that may affect the User's equipment. If, for any reason, due to an error in accessing the website of the African Arte Lisboa Online Store, it is impossible to provide the service, African Arte Lisboa will not be responsible for any losses.
Data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and African Arte Lisboa declines any responsibility arising from the abusive or fraudulent use of the information obtained.
African Arte Lisboa will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it as an act of intent or gross negligence.
African Arte Lisboa is not responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as an act of intent or gross negligence, and is not responsible in particular for:
- errors, omissions or other inaccuracies relating to information made available through the Service;
- damages caused by the fault of the User or third parties, including violations of intellectual property,
- for non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or
- for non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to African Arte Lisboa and which cannot be controlled by it, such as fires, power cuts, explosions, wars , riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by African Arte Lisboa that prevent or harm the fulfillment of the obligations assumed.
African Arte Lisboa does not guarantee that:
- the Service is provided uninterruptedly, is secure, error-free or functions infinitely;
- the quality of any product, service, information or any other material purchased or obtained through the Service meets any User's expectations regarding the same;
- Any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation.
- No advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions.
The User accepts that African Arte Lisboa cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of these damages occurring), resulting in:
- the use or inability to use the Service;
- the difficulty in obtaining any substitute for goods/services;
- unauthorized access or modification to personal databases.
Consumer Obligations
The user undertakes to:
- Provide personal data and correct addresses;
- Do not use false identities;
- Respect the imposed order limits.
If any of the data is incorrect, that is, insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and African Arte Lisboa declines any responsibility. If the consumer violates any of these obligations, African Arte Lisboa reserves the right to eliminate future purchases, block access to the Online Store, cancel the provision of any other services simultaneously made available by African Arte Lisboa to the same User; and, furthermore, not allow the User future access to any or all services provided by African Arte Lisboa .
The use of products and services purchased for commercial purposes, namely for the purpose of reselling goods, is expressly prohibited.
PRIVACY AND PROTECTION OF PERSONAL DATA
African Arte Lisboa guarantees the confidentiality of all data provided by Users.
The personal data identified in the order form as being mandatory to provide are essential for the provision of the Service by African Arte Lisboa . The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in African Arte Lisboa refusing to provide the Service.
The User's personal data will be processed and stored electronically and are intended to be used by African Arte Lisboa within the scope of the contractual and/or commercial relationship with the User.
In accordance with applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to the use of the same for the purposes set out in the previous number, and for this purpose you should contact African Arte Lisboa.
The Internet is an open network, so the User's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, and African Arte Lisboa cannot be held responsible for this access and/or use.
ORDER CANCELLATION
AT USER REQUEST
The User may cancel their order by requesting it from African Arte Lisboa via telephone number or email referring to the order number, which will be accepted as long as it has not yet been processed. After processing, African Arte Lisboa will attempt to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must provide the following data to African Arte Lisboa:
- Order number
- Name, NIF with which you placed the order and delivery address
BY DECISION OF AFRICAN ARTE LISBOA
African Arte Lisboa reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. African Arte Lisboa reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these arise from technical problems or errors beyond the control of African Arte Lisboa.
RETURN (RESOLUTION RIGHTS)
The User, if he or she is a consumer, may exercise the right of withdrawal without any compensation being required, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, communication must be made, by letter, by returning the purchased item, or by other appropriate means capable of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to African Arte Lisboa in the appropriate conditions of use.
The packaging must be returned complete, as it was delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and documents indicated must be sent to the following address:
African Art Lisbon
Rua Sousa Lopes 10 B, 1600-207 Lisbon
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
Upon receipt of the return at African Arte Lisboa, the User will be refunded the amount corresponding to the amount paid for the order (invoice value). If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of payments with PayPal and MB WAY, these will be credited to the respective accounts. In other cases, when IBAN information is provided, the refund is made to the indicated bank account. The refund is made up to 14 days after receiving the free resolution and receiving the return of the item.
If any of the components of the item sold are missing or if any of them are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the initial shipping address.
GUARANTEE
All products available in the Online Store are duly certified by the competent international entities.
SERVICE SECURITY CONDITIONS
The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of African Arte Lisboa suspending or deactivating the Service.
The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to computer overloads, meaning that African Arte Lisboa does not guarantee the provision of the Service without interruptions, loss of information or delays.
African Arte Lisboa also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to African Arte Lisboa and which cannot be controlled by it). .
In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, African Arte Lisboa undertakes to regularize its operation as quickly as possible.
SUSPENSION AND DEACTIVATION OF THE ONLINE STORE SERVICE
Regardless of any prior or subsequent communication, African Arte Lisboa may, at any time, and in accordance with its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
African Arte Lisboa also reserves the right to immediately suspend or terminate access to the Service, in the following cases:
- when the User does not observe the conditions of use referred to in the General Conditions;
- when African Arte Lisboa ceases access to the Online Store, upon prior notice 15 days in advance of the date of termination.
The suspension or termination of the Service by African Arte Lisboa , under the terms of the previous paragraphs, does not affect the right of the User or third parties to any compensation or other compensation, and African Arte Lisboa cannot be held responsible or in any way burdened, for any consequence. resulting from the suspension, cancellation or cancellation of the Service.
COMMUNICATIONS
Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact .
The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or electronic mail (“e-mail”) indicated in the order process.
At any time, you can request not to receive these communications and/or notifications via email: geral@africanartelisboa.com .
TECHNICAL SETTINGS
Without prejudice to the provisions of the following number, African Arte Lisboa may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) in advance. days.
The version currently in force of these General Conditions and their annexes is available on the website https://www.africanartelisboa.com/termos-e-condicoes-african-arte-lisboa .
COMMUNICATIONS
Whenever African Arte Lisboa deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, African Arte Lisboa may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.
However, African Arte Lisboa does not guarantee the User that any upgrades or improvements to the Service will be made.
Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.
CLAIMS
The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to African Arte Lisboa about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
The complaint must be presented within a maximum period of 30 (thirty) days, counting from the date the User becomes aware of the facts, and registered in the information systems of African Arte Lisboa , which must decide the complaint and notify the interested party within a maximum period of 30 ( thirty) days, counting from the date of receipt.
APPLICABLE LAW
The Contract is governed by Portuguese law.