1. PURPOSE

The present Terms & Conditions (together with the Privacy and Cookie Policy) establish the conditions that determine the use of this website and regulate the conditions of the product purchase process in it, being accessible at all times on the website.

Apaixonarte invites you to carefully read the content of the Terms & Conditions, of the Privacy and Cookie Policy before using the website.

To place an order on the website you must be at least 18 (eighteen) years old or, if you are a minor, have the authorization of your parents or legal representatives to hire under legal terms. When you use this website, you declare that you fulfil these conditions.

The present Terms & Conditions may be changed at any time, and in this situation, we will post on the website an updated version. The use of the website as well as the realization of any order, after Apaixonarte has published a new version of the Terms & Conditions, will be subject to the version of the Terms and Conditions in force, which must be expressly accepted prior to the submission of the order.

The following Terms & Conditions regulate the sale of the products presented on the website by the Company:

– Apaixonarte, Unipessoal Lda., hereinafter identified on the website by the brand “Apaixonarte”

– Headquarters: Rua Poiais de São Bento 57, 1200 346 Lisbon, Portugal

– NCPI: 514944676 and registered at the Commercial Registry Office under the same number

– Tel: (+351) 213 904 333

– E-mail: info@apaixonarte.com

– Website: https://www.apaixonarte.com

By registering on the website, you must ensure that the mandatory information provided is correct and complete. We request that you inform Apaixonarte of changes in your identification data, such as postal address, email address, and other contact details, by updating your personal information on the website without delay.

The website allows you to make a purchase  “As a Guest”, not being necessary for this purpose to register. Either way you should ensure that the mandatory information provided is correct and complete. Only personal data strictly necessary to execute your request are requested, which will only be used for this purpose.

By using the website, you are bound not to make false or fraudulent orders, and Apaixonarte may, if it considers that an order of this nature has been carried out, proceed cancel it and inform the competent authorities.

 

2. CELEBRATION OF THE CONTRACT

To order one or more products available on the website, you must follow the following procedures:

  • Choose the product on the Apaixonarte website;
  • Add the product to the “Basket”;
  • Then, click on “Purchase”;
  • You may proceed with the Purchase, as a Guest (“As Guest”) or by creating an account (“New Customer”) or, if you already have an account, by logging in with your email address and password, or by accessing via Facebook or Google.

(I) As a Guest

If you choose to “As a Guest”, you will have to complete a form available at https://www.apaixonarte.com/checkout/, which should include the following information:

  • First and last name;
  • Address and district;
  • Phone number;
  • Email address;
  • Invoice address;
  • VAT number.

(II) New Customer Registration

If you choose to register as a “New Customer”, you will have to complete a form available at https://www.apaixonarte.com/, which should include the following information:

  • Email address;
  • Password;

Once you have filled out the form with all the above information, you must select the Method of Delivery of the product, in accordance with the provisions of Point 6 below. You should then choose one of the Payment Methods available (see Section 5 below). Finally, you should click on “Confirm Payment”.

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

Once the order is finished, Apaixonarte will send you an “Order Confirmation” email. This email is a mere automated proof, which means that we have received your order and in whichis sent to you information about the number and date of the order, method of delivery and payment, delivery and invoice address, product price, shipping cost, product identification and its basic characteristics.

Always make sure to review your purchase before clicking “Confirm Payment”. Before clicking on “Confirm Payment” you have the possibility to edit any information you entered, such as the shipping or invoice address, payment information, or to add, change or remove products in the “Basket”.

You can always access your purchase history, which contains information on number, date and order status, product identification and its basic characteristics, respective price and shipping costs, payment method used, selected delivery method and invoice address on the Apaixonarte website under “My Account”.

In case of difficulties with your order, you can always contact Apaixonarte through  (+351) 213 904 333 or info@apaixonarte.com.

 

3. PRODUCTS AVAILABILITY

All product orders will be subject to the availability thereof. In this sense, if there is any difficulty regarding the supply of products or if there are no products in stock, Apaixonarte will inform you of the unavailability and will reimburse you the amount you may have paid, within a maximum period of 30 (thirty) days.

 

4. PRICES, SHIPPING COSTS AND PROMO CODES

The prices paid for the products you order are those displayed on this website, at the time that the order is placed, including VAT at the legal rate of Apaixonarte headquarters in force, but excluding shipping costs that will add to the value of the order placed.

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

However, you may, at any time, enter the website of Apaixonarte another geographic location, by typing its address directly in the browser.

Please note that when changing the country, it is possible that prices and shipping costs change, and prices of the selected country will apply.

The shipping costs will be charged according to the values indicated on the website, calculated, namely, according to the selected shipping method.

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 costs, shipping costs or any other costs that may exist.

Apaixonarte reserves the right to change the prices of products and shipping costs at any time, without affecting, however, the orders in respect of which the Order has already been completed.

Promotional codes are codes or words coded as “Discount Coupons” which, for example, may offer you discounts on certain products, in your entire order, or may represent the offer of shipping costs.

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.

 

5. PAYMENT

Payments can be made through Visa, Mastercard, American Express, MBWay or Multibanco.

All orders are processed in the local currency of the respective country of purchase. In the event that your bank account is in another currency, the exchange rate used for debiting your account will be automatically determined by the Bank and not by Apaixonarte.

 

6. DELIVERY

All products are only available for delivery in the countries available to select in the address. Deliveries are not done to post offices.

All orders will be delivered to the address that you specified for delivery when you placed your order.

Orders will only be sent after confirming the availability of the stock and after the confirmation of the payment, being sent by Apaixonarte partner companies, namely CTT and IberoMail, who will handle the delivery of your order through the respective addresses. You can find more information about these companies by consulting the followings links: http://www.ctt.pt and https://iberomail.com/pt/inicio/

When placing the order, we will ask you to choose the shipping method that you want. National / International shipping or Store Pick Up.

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

If the order is not picked up at the store in a period of two years, Apaixonarte will collect it, after informing by email the client.

Apaixonarte will use its best efforts to comply with the delivery of the order within 1-5 working days in Continental Portugal (according to the shipping method) and 5-7 working days in Azores and Madeira, from the day after receiving the payment of the product purchased and within the delivery times of the carrier company.

The delivery of the order within 5-20 working days in Europe and 7-30 working days in the rest of the world.

Orders will be shipped only on working days.

If Apaixonarte is unable to comply with the deadline for delivery of the order, it will inform you of this situation, granting you the option to continue with the purchase, establishing a new delivery date, or cancel the order, with full refund of amounts paid, within a maximum period of thirty (30) days from the date of knowledge of the unavailability.

Due to the covid-19 these deadlines can change and Apaixonarte won’t be responsible.

 

7. IMPOSSIBILITY OF DELIVERY

In cases where the transportation of your order is carried out by CTT and the order cannot be delivered, by any fact that it is not attributable to Apaixonarte or CTT, a notice will be left on your mailbox indicating where and when you can make the withdrawal or you will be contacted, via the e-mail or phone number that you indicated to Apaixonarte, to schedule a delivery date.

In cases where the transportation of your order is carried out by IberoMail, if you are not at the place of delivery at the agreed time, you should contact the carrier to schedule, when possible, a new date.

Please note that in case of non-delivery of the product within the stipulated deadline, by any fact that it is attributable to you, Apaixonarte will reimburse you for the amount paid, except for costs incurred with sending the order, as well as any expenses for the storage and new delivery attempts.

 

8. RIGHT OF FREE TERMINATION

If for any reason you want to return a product, you can do so freely, without any penalty and without justification, within 14 (fourteen) days from the following day in which Apaixonarte delivered the order to you directly or to a third party indicated by you, other than the carrier.

In order to exercise your right of free termination of the contract, you must notify Apaixonarte of this intention by means of an unequivocal declaration of termination of the contract, and you may use one of the following contacts:

– Address: Rua Poiais de São Bento 57, 1200 346 Lisbon, Portugal

– Tel.: (+351) 2143 904 333

– E-mail: info@apaixonarte.com;

If you choose to submit by electronic means  the termination through the website or by email or telephone, Apaixonarte will send you, without delay and within a maximum of 24 hours, on a durable medium (eg by email) a notice of receipt of the contract termination statement.

The return of the order can be done at Apaixonarte store.

In any case, the return of the order must be made within a maximum period of 14 (fourteen) days from the date on which you notified Apaixonarte of its decision to terminate the contract.

You must keep and present the receipt of purchase when you return it, keep the product so that it can be returned in the proper conditions of use, not exceeding the handling that is usually admitted in a commercial establishment, intact, labelled and in the original packaging.

Apaixonarte will refund the amount of the returned product without undue delay and within a maximum period of 14 (fourteen) days from the date Apaixonarte was informed of your decision to terminate the contract, without prejudice to the right of Apaixonarte to withhold reimbursement until it has received the returned goods, or until you prove the return thereof, whichever occurs first.

Apaixonarte makes the reimbursements using the same means of payment that used in the initial transaction, but can, if it so wishes, opt for reimbursement through the attribution of gift cards. In cases you have used Multibanco payment, reimbursements will be made by bank transfer to the IBAN indicated by you. None of these reimbursement methods will have fees.

Apaixonarte can cancel any order or not accept a confirmed order in case of a technical error and / or an error in the prices or in any data about the products contained on the website at the time of placing an order. Apaixonarte will fully refund the amounts paid.

 

9. EXCHANGES & RETURNS

You can only exchange a product with the same reference, in person at Apaixonarte store. Product exchanges must be made within 14 (fourteen) days from the day in which Apaixonarte delivered the product to you directly or to a third party indicated by you.

You must keep and present the receipt of the purchase when you exchange the product and keep the product so that it can be returned in proper conditions of use, still containing the label, not exceeding the handling that is usually allowed in a commercial establishment, intact and in its original packaging.

 

10. RETURNS OF DEFECTIVE PRODUCTS

Apaixonarte ensures the guarantee of conformity for goods purchased on the website in accordance with the provisions of Decree-Law No. 67/2003, dated April 8, amended by Decree-Law No. 84/2008 of 21 May.

For this, it is necessary that the nonconformity of the product acquired exists at the moment of delivery and manifests itself within a maximum period of two (2) years from the delivery of the product (“Guarantee”).

Therefore, in case of finding a lack of conformity of the product purchased with the contract, you should, within a maximum and non-extendable period of two (2) months from the date of detection of the lack of conformity, contact Apaixonarte, providing the order number, the product details and identifying the nonconformity in question, for the following contacts:

– Tel: (+351) 2143 904 333 ; or

– E-Mail: info@apaixonarte.com

The delivery of the product for the purpose of return can be done:

At Apaixonarte store with the address: – Rua Poiais de São Bento 57, 1200 346 Lisbon, Portugal

If, after examining the product, Apaixonarte verifies that there is a defect or lack of conformity of the purchased product, the customer may choose to request that the goods be replaced free of charge, through repair or replacement, through an appropriate price reduction or through the termination of the contract with full reimbursement of the price. As mentioned, these rights must be exercised within the maximum and non-extendable period of two (2) years from the delivery of the product, under penalty of expiration.

Apaixonarte will proceed to repair, deliver a new product or refund, partially or totally, depending on your choice, as soon as possible and always within a maximum period of 30 (thirty) days.

In case of option to terminate the contract, with the concomitant return of the product, you will be refunded the amount paid as the price for the good, as well as the costs of delivery and, if applicable, the costs of return. The refund of the amount will be made for the same payment method that you used in the initial transaction, unless expressly requested otherwise by you.

Are excluded from the warranty effects or malfunctions resulting from improper use of the products purchased, non-compliance with the indications/instructions accompanying the products or from repairs carried out by unauthorized third parties.

 

11. VARIATIONS WHICH SHALL NOT BE CONSIDERED DEFECTS

The products that Apaixonarte sells, especially those that are 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. Rather, you should expect their presence. Such characteristics are unavoidable and should be accepted as part of the individual product appearance.

 

12. PROPERTY

All copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are at any time owned by Apaixonarte or the licensor, so you may only use such material in the manner expressly authorized.

This does not prevent you from using the website, to the extent necessary, to copy the information relating to your order or Contract data.

 

13. CUSTOMER COMMUNICATIONS

The applicable law requires that the information or notifications sent are in writing. By using this website, you agree that the notifications sent by the Apaixonarte are sent electronically.

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 are in writing. This condition will not affect the rights recognized by law.

In case of doubt about these Terms & Conditions, you can contact Apaixonarte through the contact forms available on the website,.

 

14. CAMPAIGNS

FREE SHIPPING
Each time there is a Free Shipping campaign, it applies to all orders shipped to Portugal. Unless it’s mentioned to the all world.

 

15. FORCE MAJEURE

Apaixonarte will make every reasonable effort to fulfil its obligations.

However, it cannot be held liable for non-compliance or delay in complying with any of its obligations, which are due to events that are beyond its control (“Force Majeure”).

By Force Majeure motives it is understood any unforeseeable and / or irresistible facts, act, event, happening, fault, omission or accident or any other outside the will and beyond our control, including, but not limited to, the following:

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

Apaixonarte’s obligations derived from the Contracts shall be deemed to be suspended during the period in which the Force Majeure occurs, thereby benefiting Apaixonarte from an extension of the time limit for fulfilling those obligations, for a period of time equal to the duration of the Force Majeure period.

Apaixonarte will use all reasonable means to terminate the Force Majeure motives or to find a solution that will enable it to comply with its obligations under the Contract, despite Force Majeure motives.

 

16. LINKS FROM THE WEBSITE

Links to other websites and / or third-party materials referenced on the website are provided solely for the purpose of obtaining information, and Apaixonarte does not have any control over the content of these websites or materials and therefore cannot be held responsible for any damages or losses resulting from the use thereof.

 

17. APPLICABLE LAW

All matters relating to the application or interpretation of the present Terms & Conditions and any dispute resulting from the interpretation, validity or breach of contract between the parties shall be subject to the jurisdiction of the competent Portuguese courts.

To such disputes will be applicable, with express resignation to another, the Portuguese law.

 

18. SETTLEMENT OF DISPUTES

In case you have been dissatisfied with the purchase of the product or with the service provided on the Apaixonarte website, you may also, without prejudice to the right to submit the dispute to the appraisal and decision of a court to appeal to one of the alternative consumption dispute settlement entities, at or https://webgate.ec.europa.eu/odr

The alternative dispute settlement entities currently in existence are as follows:

(i) Centro de Arbitragem de Conflitos de Consumo de Lisboa: http://www.centroarbitragemlisboa.pt/
(iI) CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo: http://www.arbitragemdeconsumo.org/