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African Arte Lisboa
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African Arte Lisboa Terms and Conditions

SCOPE AND OBJECT OF THE CONDITIONS AND OBJECT OF THE GENERAL CONDITIONS OF THE ONLINE STORE

These General Conditions are intended, with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provision of the African Arte Lisboa Online Store Service, with headquarters 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 on a set of products and/or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.

Products must be ordered by Users aged 18 (eighteen) or older. The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of a signature for non-compliance with the obligations assumed.

PRODUCT AND CONTENT INFORMATION

African Arte Lisboa will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur.

African Arte Lisboa will do its utmost to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by African Arte Lisboa , such as human errors or incidents in the computer systems, it is not possible to provide some of the products requested by the User. If any product is not available after placing the order, you will be notified by email or by telephone. At that moment you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.

All information about prices, products, specifications, promotional actions and services may be changed at any time by African Arte Lisboa.

RESPONSIBILITIES

All products and services sold on the African Arte Lisboa Online Store are in accordance with Portuguese law.

The Online Store has adequate security levels, however African Arte Lisboa will not be responsible for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors outside its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connecting software or any 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, access to the website of the African Arte Lisboa Online Store makes it impossible to provide a service, African Arte Lisboa will not be held responsible for any damages.

Data and information queries carried out under 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 liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as intent or gross negligence.

African Arte Lisboa is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of intent or gross negligence, not being responsible, in particular, for:

  • errors, omissions or other inaccuracies relating to information made available through the Service;
  • damage caused by the fault of the User or third parties, including infringements of intellectual property,
  • for non-compliance or defective performance 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 beyond the control of African Arte Lisboa that prevent or hinder the fulfillment of assumed obligations.

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 fulfills any User expectations regarding the Service;
  • any material obtained in any way through the use of the Service is used at the User's expense and risk, who is solely responsible for any damage caused to his 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 guarantee that is not expressed in these General Conditions.

The User accepts that African Arte Lisboa can in no way be held liable 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 about the possibility of the occurrence of such damages), resulting from:

  • your use or inability to use the Service;
  • the difficulty of 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 order limits imposed.

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 User is responsible, and African Arte Lisboa declines any responsibility. In case 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 supply of any other services made available simultaneously by African Arte Lisboa to the same User; and, furthermore, not to allow the User to access any or any services provided by African Arte Lisboa in the future.

It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of resale of goods.

PRIVACY AND PERSONAL DATA PROTECTION

African Arte Lisboa guarantees the confidentiality of all data provided by Users.

The personal data identified in the order form as being of mandatory supply are indispensable 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 give rise to the refusal to provide the Service by African Arte Lisboa .

The User's personal data will be processed and stored by computer and are intended to be used by African Arte Lisboa in the context of the contractual and/or commercial relationship with the User.

Under applicable law, 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 their use for the purposes provided for in the previous number, and for this purpose, 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 such access and/or use.

ORDER CANCELLATION

AT USER REQUEST

The User may cancel his order by requesting it to African Arte Lisboa through the telephone number or e-mail 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 information to African Arte Lisboa:

  • order number
  • Name, VAT number 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 unrelated to African Arte Lisboa.

RETURN (TERMINATION RIGHTS)

The User, in the case of being a consumer, may exercise the right of withdrawal without demanding any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.

In order to exercise this right, the communication must be made, by letter, by returning the purchased good, or by other suitable and susceptible means 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 proper conditions of use.

The package must be returned complete, as delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document that proves 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 costs with shipping costs will be their responsibility.

Upon receipt of the return at African Arte Lisboa, the amount corresponding to the amount paid for the order (invoice amount) will be returned to the User. If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.

The method of refunding 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 the receipt of the will for free resolution and the receipt of the return of the good.

In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be returned to the original shipping address.

WARRANTY

All products available on the Online Store are duly certified by the competent international entities.

SECURITY CONDITIONS OF THE SERVICE

The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the law applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of use of 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 that can be used by several users, and as such, subject to computer overload, so 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 in which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to African Arte Lisboa and which cannot be controlled by it) .

In case of interruption in the provision of the Service for reasons of unpredictable overload of the systems on which it is supported, African Arte Lisboa undertakes to regularize its operation as soon as possible.

SUSPENSION AND DEACTIVATION OF ONLINE STORE SERVICE

Regardless of any prior or subsequent communication, African Arte Lisboa may, at any time, and at 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 terminates access to the Online Store, upon prior notice 15 days prior to the termination date.

The suspension or termination of the Service by African Arte Lisboa , pursuant to the preceding paragraphs, does not affect the User's or third parties' right to any indemnity or other compensation, and African Arte Lisboa cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation, cancellation of the Service.

COMMUNICATIONS

Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating 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 accepts to receive any and all communication and/or notification related to the Online Store, to the address, telephone number and or email address (“e-mail”) indicated in the order process.

At any time, you can request not to receive these communications and/or notifications through the email: geral@africanartelisboa.com .

TECHNICAL SETTINGS

Without prejudice to the provisions of the following paragraph, African Arte Lisboa may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) days.

The current version 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 will be able to remotely reformulate the network configurations.

Without prejudice to the provisions of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, African Arte Lisboa may change its technical configurations whenever deemed convenient to adapt it to possible technological developments.

African Arte Lisboa does not, however, guarantee the User to carry out any upgrades or improvements to the Service.

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 disputes to arbitration and mediation mechanisms that are or may be legally established, as well as complain to African Arte Lisboa of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, and registered in the African Arte Lisboa information systems, which must decide the complaint and notify the interested party within a maximum period of 30 ( thirty) days from the date of receipt.

APPLICABLE LAW

The Contract is governed by Portuguese law.