GENERAL TERMS OF SALE
1.1 The distance selling of "DUARTE" brand products through the www.duartebrand.com website (hereafter referred to as the "Website") is governed by the following General Terms of Sale (hereinafter referred to as the "General Terms"). DUARTE is a company incorporated under Portuguese law, with registered office at RBD.APP-Arquitectos Lda atelier, Rua Amarelhe 8C, 1750-321 Lisbon – Portugal, Portuguese registration number 541299.
2.1. The use of the distance selling service described in these General Terms of Sale is restricted exclusively to consumers (hereinafter referred to as the "Customer" or, in the plural, "Customers") understood, in the meaning given to the term by legislation and case law, as natural persons who act for purposes not related to their trade, business, craft or any professional activity they perform, who are aged over 18 (or, if a minor, authorized by their legal representative). Products offered for sale on the Website may be purchased worldwide.
2.2. Any resale, rental or transfer of products purchased from the Website for any whatsoever commercial or professional purpose is expressly prohibited.
2.3. DUARTE may amend these General Terms of Sale at any time. Customers are therefore required to accept only the General Terms of Sale in force at the time of purchase.
3.1. Each product selected can be viewed using a special link to photographic images of the article together with the unit price, colors and different sizes (where relevant).
3.2. Each sale concluded by DUARTE through the online distance selling service (the "Service") can involve one or more products. DUARTE reserves the right to amend, at any time, limits on the amount and/or type of products that may be purchased through the Service.
3.3. Customers may choose the articles of interest to them. A description of products for sale, including the measures or sizes (where relevant), together with one or more photographic images in digital format providing a true representation of products available on the Website, shall be included in the Customer's shopping cart.
3.4. While DUARTE is constantly adopting measures to ensure that photographs displayed on the Website are faithful reproductions of original products, including the adoption of every technological solution possible to minimise inaccuracies, some variations are always possible due to the technical characteristics of the color resolution of the computer used by the Customer. Accordingly, DUARTE shall not be liable for any inadequacy of the graphic representations of the products displayed on the Website arising from such technical limitations.
3.5. To view selected items and the total price of the order, click on the icon in the shopping cart. Customers are required to verify the accuracy of the contents of their shopping cart prior to confirming their order by completing the purchase form according to the instructions on the corresponding page of the Website and confirming that they have read and accepted these General Terms.
3.6. Customers must follow the instructions contained in the Website if they need to make any changes (for example to an indicated article or to the number of articles) or to correct any errors in their order.
3.7. DUARTE reserves the right to reject orders placed by a Client with whom litigation is pending in relation to a previous order, in which case no order must be understood as accepted by DUARTE and no contract must be understood as being concluded between DUARTE and the Customer.
4.1. The Customer acknowledges that stocks of the products offered by DUARTE through the Service are limited. The availability of any article on sale on the Website may be checked at any time, either when creating the Customer's shopping cart or following the completion of the purchase order. Customers are therefore aware that all the products described on this Website are subject to availability at all times.
4.2. The purchase procedure must be fully completed. Otherwise, the contents of your shopping cart shall be deleted without trace at the end of each purchase procedure.
4.3. Problems may occasionally occur with regard to the availability of certain products. In such circumstances, DUARTE shall promptly notify the Customer by email or phone (in all cases within the delivery deadline indicated hereunder), offering the Customer the option of buying an article of the same kind as the unavailable item or cancelling the order.
4.4. DUARTE reserves the right to alter articles on sale through the Website at any time without notice.
5. Conclusion of the order
5.1. The purchase process concludes at the moment that the Customer selects the "Confirm" option. Upon confirmation, the order is sent to DUARTE to be shipped and may no longer be modified or cancelled. An order sent by the Customer shall be deemed binding on DUARTE only if the entire purchase procedure has been duly and correctly completed without any error message from the Website. The contract between DUARTE and the Customer is understood as concluded at the moment the Customer receives confirmation from DUARTE that the purchase order, sent in accordance with the purchase procedure, has been successful following verification of the ordered product's availability and the charging of the total price to the Customer's credit card.
5.2. The order confirmation is proof of acceptance by the Customer of the provisions of these General Terms.
5.3. Data recorded on the Website constitutes full proof of the details of transactions between DUARTE and the Customer. In the event of a dispute between DUARTE and the Customer in relation to a transaction concluded through the Website, the data recorded by DUARTE shall serve as full proof of the transaction.
6. Price and Method of Payment
6.1. The prices of all products on sale through the Website are inclusive of 23% VAT.
6.2. Prices shall be indicated in Euro (EUR).
6.3. The total amount shown during the purchase process includes shipping costs as specified below and indicated in the shopping cart.
6.4. DUARTE reserves the right to change the prices of products on sale through the Website at any time and without notice. The Customer shall be charged the prices published on the Website at the time the Customer confirms the order, provided that the products ordered are in stock at the time the order is placed.
6.5. DUARTE payments are all made through Paypal.
6.6. If one or more of the products are not available, only the price and shipping costs corresponding to available products shall be debited.
7.1. Shipping costs, included in the total cost shown in the shopping cart during the purchase process before the confirmation of the order by the Customer, are charged to the customer at a flat rate of:
- €5.00 for each order for delivery in Portugal, shipping up to 5 working days, delivery ± 5 working days, depending on the courier.
- €35.00 for each order for delivery worldwide, shipping up to 5 working days, delivery ± 15 working days, depending on the courier.
- In case of wanting the purchase to arrive earlier, the costumer needs to contact Duarte and a special price will be added accordingly to the country and timeframe needed.
7.2. If your country/region is not on the shipping list, please contact Duarte. A special price will be added accordingly to the country and timeframe needed.
7.3. The payment of custom duties is entirely up to the Costumer responsibility.
8. Returns and refunds - Withdrawal
8.1. Customers may exercise their right of withdrawal
- The right of withdrawal must be exercised by the Customer within 10 working days of the date of delivery of the products to the Customer or to a third party.
- To exercise their right of withdrawal, Customers must send an email to firstname.lastname@example.org, entitled "RETURN 'Order Number'" from the email address provided during the online purchase phase. The email should indicate the quantity of items to be returned, the reason for exercise of the right of withdrawal (the inclusion of this information is optional and is required for statistical purposes only). It is the Costumer responsibility to pay and send the item back to DUARTE company address.
- DUARTE shall send an email to the Customer confirming the withdrawal request with an attached pdf with withdrawal number. The Customer has to print the pdf and include it in the return package.
- The products must be returned in their original state and with the packaging in which they were delivered.
8.2. Products must be returned to the following address:
Rua Amarelhe, 8C
8.3. DUARTE shall verify that the products have been returned in the condition in which they were delivered, within the packaging in which the product was sent. The substantial integrity of returned products constitutes an essential requirement for the exercise of the right of withdrawal. The Customer shall be solely responsible for any reduction in the value of products resulting from their handling except for what is necessary to determine the product's nature. DUARTE therefore reserves the right to refuse refunds for products that have been damaged, that have deteriorated, that are dirty, or that are in a state that clearly indicates that the products have been used for purposes other than those indicated above. DUARTE also reserves the right to seek compensation for any damage that may arise from wilful misconduct or negligence on the part of the Customer in relation to the return of the products. DUARTE shall not be held responsible in the event of loss or theft of returned products not attributable to DUARTE itself, in the event of returns to an incorrect address, or delays in the delivery of returned products not attributable to DUARTE itself, it being understood that the Customer shall assume all risks arising from any such consignment. The Customer shall be responsible for providing proof of the return of the products.
8.4 DUARTE shall reimburse the price of returned products - shipping costs excluded -, in accordance with Paypal Code. The refund shall be made by crediting the amount paid by the Customer by the same form of payment used for purchase. DUARTE reserves the right to withhold a refund until it has received the product or until the Customer proves that he or she has returned the product, taking account of the situation occurring first. DUARTE will only reimburse after receiving and checking the quality of the product returned. DUARTE shall notify the Customer by email of the reimbursement of the price.
8.5 Note that product returns and refunds of the purchase price are permitted exclusively for products purchased through the Website.
8.6 If a product has been sent, delivered, and not collected within 30 days, we can't guarantee the stock of the piece. This means the package will return to DUARTE. If you still want it, or want a refund, please contact email@example.com, with your details and order number. In case of still wanting the piece, you will have to pay the shipping again. In case of wanting a refund or due to the lack of stock, the price of the products - shipping costs excluded -, in accordance with Paypal Code, shall be reimbursed.
9. Authenticity of products and intellectual property rights
9.1 DUARTE guarantees the authenticity and the high quality of all products offered for sale on the Website.
10.1. Customers are invited to send an email to the following address in relation to any complaints, requests for further information or assistance with the Website or the purchasing procedure, or requests for information and/or clarification of the provisions of these General Terms: firstname.lastname@example.org
Last update April 2019.
DUARTE, Rua Amarelhe 8C, 1750-321 Lisbon, Portugal.