TERMS AND CONDITIONS

INTRODUCTION

These Terms and Conditions determine the conditions of use of this website. We ask you to read them carefully before using it. By using this website or making a purchase through it, the User agrees to be bound by these Terms and Conditions of Use. If you disagree with the terms and conditions, you must refrain from using this website.

It is advised that these Terms and Conditions of use can be modified at any time, being the full responsibility of the User to perform a periodic reading, since the conditions in force at the time of the use of the Web page or the conclusion of the Contract (as defined below) shall be those applicable.

I – OWNERSHIP OF THE ONLINE SHOP OFÉLIA

Maria Carolina da Anunciação Álvares Serrão, with tax address at Avenida Infante Santo, nº 372, 3ºD, 1350-182 Lisboa, with Fiscal Number 258431369 is the legitimate owner of this page, whose domain is https://www.ofeliacollection.com

II – PURPOSE AND SCOPE

1) These Terms and Conditions exclusively govern the purchase and sale, including registration, ordering and access to “Ofélia” products made between the final consumer as buyer and Maria Carolina da Anunciação Álvares Serrão in the quality of salesperson made through this Internet website.

2) For the purpose of these Terms and Conditions, the following definitions shall apply:

2.1 “Ofélia”, means the products marketed by Maria Carolina da Anunciação Álvares Serrão, holder of all rights;

2.2 Final consumer or User or Buyer, any person who acts/purchases with a purely personal purpose, outside of his or her business or profession, without any desire to resell the articles that he or she purchases on the website https://www.ofeliacollection.com

3) The final consumer must provide to Maria Carolina da Anunciação Álvares Serrão, as a seller, an e-mail or postal address, or the information related to another form of contact, that is correct and complete and accepts that Maria Carolina da Anunciação Álvares Serrão can contact you using such data, if it is deemed appropriate.

4) By using the website, the User binds himself or herself not to make false or fraudulent requests, and Maria Carolina da Anunciação Álvares Serrão can, if it is considered that an order of this nature was carried out, proceed with its cancellation and inform the competent authorities.

5) These general conditions do not exclude the rights and guarantees of the User contained in the legislation in force for contracts of this nature.

III – INFORMATION ON THE PRODUCTS AND CONTENTS OF THE ONLINE SHOP OFÉLIA

1) The website www.ofeliacollection.com is strictly intended for private use only, so the reproduction, transfer, distribution or storage of the content of the online store Ofélia, without prior written permission, is prohibited for any other purpose.

2) The use of links on our website for commercial purposes or without prior authorization of Maria Carolina da Anunciação Álvares Serrão, as well as the use of www.ofeliacollection.com for abusive purposes are expressly prohibited and will be subject to the appropriate legal means by Maria Carolina da Anunciação Álvares Serrão.

3) In the possibility of finding links that allow you to access www.ofeliacollection.com in other websites or references to the online store Ofélia, we inform you that Maria Carolina da Anunciação Álvares Serrão does not have any responsibility on the links or pages, nor on the contents inscribed in them.

4) Maria Carolina da Anunciação Álvares Serrão reserves the right to modify, at any time, the information, the offer of Ofélia products, the prices, promotions and commercial conditions, presented in the website www.ofeliacollection.com.

IV – REGISTER

1) In order to place an order, the User must first register by completing the fields on the form on the www.ofeliacollection.com. The information or data provided by the User will be treated in accordance with the Privacy Policy. By using this web page, the User is consenting to the treatment of said information and its data, as well as declaring that all the information or data that is provided is true and corresponds to the reality.

2) After registering as a customer and entering a personal, non-transferable password, the User may access the personal account online by logging in.

3) As soon as the User accesses his/her personal account online, the User accepts these general conditions, as well as the legal and regulatory rules that regulate their operation and use.

V – ORDERS

1) After accessing your personal account created at www.ofeliacollection.com, the User may proceed to purchase Ofélia products online, respecting the following procedures:

1.1 Selecting the product(s) on the website;

1.2 Add the selected product(s) to the User’s shipping cart;

1.3 Register the User’s personal data, with the option to integrate them in the database in the foreseen conditions of the General Conditions.

1.4 Click on “Add to cart”;

1.5 State the “deliver address”, “billing address”, “payment method”;

1.6 Insert the User’s Fiscal Identification Number (NIF);

1.7 Click in “Confirm Payment”

In order to “Confirm Payment”, you must first accept these Terms & Conditions.

2) The User will be informed of the status of his/her order by receiving an e-mail regarding the “Order Confirmation” and a second message, after validation of the payment, regarding the “Shipment of the Order”. All orders are subject to acceptance by Maria Carolina de Anunciação Álvares Serrão. The purchase and sale contract between Maria Carolina de Anunciação Álvares Serrão and the User will only be formalized with the communication “Shipping of the Order”.

3) Finally, the User’s order will be delivered by the logistics operator at the “Delivery Address” indicated in the purchase process and with its detailed invoice.

4) The realization of the online order of products included in the “Shopping Cart” translates the acceptance of the purchase of the same, by the prices and in the terms described in the website www.ofeliacollection.com, on the part of the User being that, the user can only order through the website www.ofeliacollection.com with the prices, terms and conditions advertised on it.

5) In the case that Maria Carolina da Anunciação Álvares Serrão, for any reason, does not accept the order of the User, the right to which Maria Carolina de Anunciação Álvares Serrão expressly reserves, the User will be informed of this fact.

6) Maria Carolina da Anunciação Álvares Serrão reserves the right to cancel or refuse the order of a product from a customer with whom there is a dispute.

7) The fulfillment of all the orders made on the aforementioned website is subject to the availability of Maria Carolina da Anunciação Álvares Serrão, who will try to ensure that all products offered for sale on the website are in stock. However, Maria Carolina da Anunciação Álvares Serrão reserves the right not to accept any orders or cancel orders already confirmed for products for which there is no stock, and in these cases, Maria Carolina da Anunciação Álvares Serrão will inform the User of such fact and shall reimburse by bank transfer the amount received within 30 days for the Bank Account Number that the User may provide.

8) Maria Carolina da Anunciação Álvares Serrão will not accept orders for which one of the following situations occurs:

8.1 The “Delivery Address” is located outside Mainland Portugal or Madeira/Azores islands;

8.2 The purpose of the purchase is the resale of the products;

8.3 The product is not available in the warehouses of Maria Carolina da Anunciação Álvares Serrão (in which case the User will not be able to add the product to the “Shopping Cart”);

8.4 Payment is not made by bank transfer;

8.5 Payment is not confirmed.

VI – PRICING

1) The prices paid for the ordered products are those displayed on the website www.ofelicollection.com, at the time the order is placed, excluding shipping costs which will add to the value of the order made.

2) Prices are displayed in the currency of the selected country based on the geographical location of your IP address.

3) Prices for Ofélia products, as well as their characteristics, are subject to change without notice by Maria Carolina da Anunciação Álvares Serrão. Nevertheless, such changes will be published on www.ofeliacollection.com in order to keep users informed, so it is understood that the User knew them before the order was placed.

4) You will always be informed, in a clear and concise way, prior to the completion of the order, about the total price of the product, which includes the price, all taxes and charges, additional transport charges, shipping costs or any other costs that may exist.

5) If there is any error in the price of the requested products, either Maria Carolina da Anunciação Álvares Serrão or the User may, at any time, until the shipment of the products, cancel the order request.

6) Maria Carolina da Anunciação Álvares Serrão reserves the right to change the prices of products and shipping costs at any time, without affecting, however, the already completed orders that already have the payment confirmed.

VII – PROMOTIONAL CODES

1) Promotional codes are codes or words coded as “Discount Coupons” which, for example, may offer you discounts on certain products, throughout your order, or may represent offer of shipping costs. Promotional codes only apply to purchases made on www.ofeliacollection.com and can only be used in the country where the purchase was made.

2) In order to take advantage of promotional codes, you must make sure that you enter the code in the appropriate space when making the payment. If you do not apply the promotional code at that time, you will not be able to use the promotional code in that purchase, without prejudice to being able to use it in a subsequent order, subject of course to the conditions of use of each promotional code.

VIII – PAYMENT METHODS

1) Payments are made by bank transfer to the IBAN PT50 0035 0995 0058 5209 3307 8 within three days. In the event that the payment is not made within three days, an email will be sent to notify you of the cancellation of the order.

2) For the order to be shipped, you must send us the proof of payment to the email customer.service@ofeliacollection.com.

3) Upon receipt of proof of payment the order is issued.

IX – DELIVERY

1) The products presented on www.ofeliacollection.com are only available for delivery to Continental Portugal and the Archipelagos of Madeira and the Azores. There are no shipments to PO Boxes.

2) The product or products ordered by the User will be sent from Monday to Friday, except for public holidays, and on the days and times used by the logistics company. All orders will be delivered to the address that the user specified for delivery when the order was placed.

3) Maria Carolina da Anunciação Álvares Serrão undertakes to fulfill the order, between the 2nd day after payment and up to a maximum period of 15 days from the day of validation of the payment.

4) Maria Carolina da Anunciação Álvares Serrão will inform the User of the unavailability of the product or products ordered, as well as will reimburse the amounts that the User has paid for such product or products, within a maximum period of 30 days from acknowledging the unavailability.

5) In case of the unavailability of the carrier to deliver the products on the date indicated, the User will be contacted in order to be given another delivery date.

6) The order is deemed to be dispatched from the moment Maria Carolina da Anunciação Álvares Serrão delivers it to the carrier, and the carrier shall be responsible for its delivery to the User, as follows:
– The products will be sent and delivered to the User by the carrier, who is responsible for any delay in the delivery of the order.
– In case there is no one to receive and sign the confirmation in the “Delivery Address”, the logistic operator will not deliver any product.
– If it is impossible to deliver your order for a fact not attributable to Maria Carolina da Anuncaição Álvares Serrão or to the carrier, a notice of withdrawal of the order will be left in one of the counters of the CTT or the User will be contacted, to the email address or telephone number available, to reschedule the delivery of the order.

7) Orders will only be sent after confirming the availability of stock and confirmation of the payment, being sent by CTT, who will handle the delivery of your order through the respective offices closest to your geographical location. You can find more information about this company by clicking the following link: http://www.ctt.pt.

8) We have the following shipping methods:

  • Domestic Shipping: 5€
  • Orders above € 51: free shipping
  • Shipping to Europe: 15€

9) The final value of your order will always indicate clearly and precisely the value of shipping costs.

X – RETURNS AND CANCELLATIONS

1) Cancellation of the order before sending:

  • The User may cancel the order of products without any associated cost, as long as they have not yet been sent.
  • If the User places an order and wishes to cancel it, he/she must immediately contact our Customer Service and request the cancellation of the order by email customer.service@ofeliacollection.com. Only after this procedure can the order be canceled. If the request for annulment is successful, the User will be notified by email of this decision and the cancellation will be processed at no cost to the User.

2) Product returns: defective

The User has the right to return the delivered products if it is found that they have defects or other nonconformities with respect to the product(s) ordered, being that the return must be made within 60 (sixty) days after receipt of the order. According to the Guarantees Law (Decree-Law no. 67/2003 updated by Decree-Law no. 84/2008).

  • The return of a defective order has no cost to the User. All money relating to the payment of product and shipping costs will be refunded.

3) Product returns:

  • The User may return products within 15 (fifteen) days after receipt, provided that:
    • The products have not been used;
    • The product maintains its original characteristics and labels intact;
  • The expenses resulting from the return of the order are borne by the Customer. An email must be sent to customer.service@ofeliacollection.com requesting return of the order.
  • Upon receipt of the returned product, Maria Carolina da Anunciação Álvares Serrão will analyze and confirm its conservation status and, where applicable, refund within a maximum period of 15 (fifteen) days the amounts paid by the User in relation to the price of the product(s), excluding shipping costs.
  • If the returned items are damaged or worn out, Maria Carolina da Anunciação Álvares Serrão reserves the right not to accept the return and to refuse to refund them.

4) Product exchange:

  • We exchange the product within a maximum period of 15 (fifteen) days after receipt of the order;
  • The cost of sending/resending is borne by the customer;
  • We will only make exchanges for another item in stock, with the same or higher value. The difference in price is paid by the User;

5) Returned items must be sent to the following address:

Rua da Esperança, nº 178, 4º andar

1220-660 Lisboa, Portugal.

XI – COLORS

Maria Carolina da Anunciação Álvares Serrão will make every effort to ensure that the colors of the products that appear on the website www.ofeliacollection.com are the most accurate possible. However, as monitors/screens vary, we can not guarantee that your monitor/screen is showing the exact colors.

XII – VARIATIONS NOT TO BE CONSIDERED DEFECTS

The products that Maria Carolina da Anunciação Álvares Serrão sells, especially those handmade, often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and colors, are not considered defects or lack of conformity. On the contrary, you must count on their presence. Such characteristics are unavoidable and should be accepted as part of the individual and unique appearance of the product.

XIII – PROPIERTY

1) All copyrights, trademarks and other intellectual property rights of the materials or content that are provided as part of the website www.ofeliacollection.com are at any time owned by Maria Carolina da Anunciação Álvares Serrão or the licensor, so you may only use such material in a way that is expressly authorized to you.

2) This does not prevent you from using the www.ofeliacollection.com website to copy, as necessary, your information regarding your order or Contract.

XIV – DISCLAIMER AND LIMITATION OF LIABILITY

1) Maria Carolina da Anunciação Álvares Serrão does not guarantee the permanent availability of this service www.ofeliacollection.com and, in particular, will not be responsible for damages, resulting, directly or indirectly, from the use or impossibility of using, for any reason, such Internet website, namely in the case of unavailability of access, technical problems or errors in the telematic networks of data transfer, external intrusion or presence of computer viruses, nor assume any responsibility for technical problems that may occur in the digital equipment used during the connection to the Internet through said website.

2) Maria Carolina da Anunciação Álvares Serrão shall not assume any responsibility for any damages arising directly or indirectly from situations of force majeure, as it is understood, any event beyond the control of Maria Carolina da Anunciação Álvares Serrão that prevent her, fully or partially, permanently or temporarily, from complying with her obligations, namely strikes, power outages, telecommunications services or any other services, fires, floods, impossibility to obtain products, materials or services, breakdowns, failures, supplier or carrier delays, and changes in legislation or administrative regulations.

3) Maria Carolina da Anunciação Álvares Serrão is not responsible for any third-parties abusive use of the User’s data to access the website, data that is personal and not transferable.

4) TO CARE

We advise you to follow our recommendations on how to take care of your Ofélia products so that they are always magnificent for many years.

  • Protect your products from moldy environments and do not expose them to direct sunlight. Keep them away from sources of heat (irons, dryers, heaters, over-heated environments)
  • Do not wash your products in the washing machine. If the surface is dirty, wipe it with a damp cloth. Never use soap or thinner.
  • Avoid contact with oily, alcohol-based substances and materials such as newspapers or other fabrics that may dye their colors to the product.
  • The nappa, leather and other fabrics used in the manufacture are delicate. Be careful if scraping on abrasive surfaces.
  • The canvas used in the manufacture are resistant to salt water, chlorine water and UV rays. However we advise you not to machine wash, wash with soap or thinner and to protect your tarp products from other sources of heat.

XV – COMMUNICATIONS WITH THE USER

1) Applicable law requires the information or notifications to be sent in writing. By using the www.ofeliacollection.com website, you accept that the notifications sent are by electronic means.

2) For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices be made in writing. This condition will not affect the rights recognized by law.

XVI – MODIFICATION OF GENERAL CONDITIONS

Maria Carolina da Anunciação Álvares Serrão reserves the right to change the general conditions by publishing a notice of changes on the website www.ofeliacollection.com in the Terms and Conditions section.

XVII – PERSONAL DATA

1) The User authorizes the collection and electronic processing of his/her personal data by Maria Carolina da Anunciação Álvares Serrão, including all data disclosed at the time of registration on www.ofeliacollection.com.

2) The data provided by the User is intended for registration on the website www.ofeliacollection.com, the access control and the training, execution and management of contracts for the purchase and sale of Ofélia products.

3) The person responsible for the processing of personal data is Maria Carolina da Anunciação Álvares Serrão, and such data may also be accessed by service providers of Maria Carolina da Anunciação Álvares Serrão, namely accounting and auditing companies.

4) The User may, at any time, exercise the right of access and rectification of his/her data, in his/her personal area.

5) In the use of the User’s personal data for publicity purposes, Maria Carolina da Anunciação Álvares Serrão, warns the user that part of his/her personal data can circulate in the network without security conditions, running the risk of being seen and used by third parties not authorized.

6) The User authorizes the collection of his/her personal data and its computerized processing in order to allow order shipping and the execution of related administrative operations, including monitoring and providing information to the User, aiming at the elaboration of statistical studies, promotional activities and direct marketing by Maria Carolina da Anunciação Álvares Serrão.

XVIII – FORCE MAJEURE

1) Maria Carolina da Anunciação Álvares Serrão will make every reasonable effort to fulfill her obligations.

2) However, she can not be held liable for non-compliance or delay in fulfilling any of her obligations, in the case that it is due to events that are beyond her control (“Force Majeure”).

Force Majeure shall mean any unforeseeable and/or irresistible event, act, happening, omission, fault, or accident or any other outside the will and beyond our control, including, but not limited to, the following:

  1. General strike, or other forms of protest;
  2. State of siege or emergency, public disorder, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparation;
  3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
  4. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private;
  5. Impossibility to use public or private telecommunications systems;
  6. Decisions, decrees, laws, regulations or other normative instruments or decisions of any government or public authority.

3) Maria Carolina da Anunciação Álvares Serrão’s obligations arising from the Contracts shall be deemed suspended during the period in which the Force Majeure event occurs, benefiting from an extension of the period to comply with such obligations, for a period of time equal to the duration of the Force Majeure period.

4) Maria Carolina da Anunciação Álvares Serrão will use all reasonable means to stop Force Majeure reasons or to find a solution that will enable her to fulfill her obligations under the Contract, despite the existence of Force Majeure reasons.

XIX – DURATION

These conditions apply during the process of purchasing one or more products at www.ofeliacollection.com.

XX – APPLICABLE LAW

1) These General Conditions are subject to Portuguese Law.

2) All questions regarding the application or interpretation of these Terms & Conditions, as well as any dispute arising from the interpretation, validity or breach of the contract between the parties, shall be subject to the competent Portuguese courts.

XXI – LITIGATION

In the event of a dispute, the consumer may also, without prejudice to the right to submit the dispute to the appraisal and decision of a court, appeal to one of the Consumer Dispute Resolution Entities listed on the consumer website, at www.consumidor.pt or at Litigation Dispute Resolution online identified at https://webgate.ec.europa.eu/odr.