Pedro Tavares Têxteis Online Site Terms and Conditions
These General Conditions are intended, including the order form and the other elements referred on them, to regulate the terms and conditions regarding the provision of the Online Service of Pedro Tavares Têxteis headquartered at Av. Alberto Valente N. 103 A – Volta da Pedra, 2950-313 Palmela.
The Service is available through the website https://pedrotavarestexteis.pt/ which, in addition to providing information related to a set of products and/or services of the brand, allows the User, by electronic means, to order the products disclosed on the website, under the terms and conditions here described.
The ordering of products must be made by Users aged 18 (eighteen) or older.
The elements and information transmitted by the User will be subject to full legal effects, in which the User will recognize electronic purchases and cannot claim the lack of signature for non-compliance with the taken obligations.
Pedro Tavares Têxteis guarantees the confidentiality of all data provided by Users.
The User’s personal data will be processed and stored and is intended to be used by Pedro Tavares Têxteis within the scope of the contractual and/or commercial relationship made with the User.
Under the terms of the 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 oppose their personal data use for purposes described in the previous number, and for this having to contact the entity responsible for the processing of personal data: Pedro Tavares Têxteis.
The Internet is an open network, so the User’s personal data, other personal information and all the 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, case in which Pedro Tavares Têxteis cannot be held responsible for such access and/or use.
The User undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect order limits imposed.
Personal data identified on the order form as mandatory supply are indispensable for the Service providing by Pedro Tavares Têxteis. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in the processing of an order, or possible non-delivery, the responsibility lies with the User, and Pedro Tavares Têxteis declines any responsibilities. In the event that the consumer violates any of these obligations, Pedro Tavares Têxteis takes on the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Pedro Tavares Têxteis to the same User and does not allow the User’s future access to any services provided by Pedro Tavares Têxteis.
Pedro Tavares Têxteis will do everything that is possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur.
The products are organized by categories with the following information: product name, brief description, price, fabric, colors and care. An image for each product will be available for better information of their users. However, the colors presented in the images may vary compared to the actual color of the products, so the risk is acknowlegded and accepted by the User and cannot be taken as a reason for a return (see Returns section).
Pedro Tavares Têxteis has a sample supply service in which the User can request the sample of the product they are interested on, bearing the given cost. However, it should be noted that, even between sample and product, the properties of the product and/or the batch may not guarantee the exact color match, so it is the User who takes the given risk at the time of ordering.
Before proceeding to purchase any product, the User must be aware of its description and characteristics.
The User acknowledges that the choice of the product is their sole responsibility.
The prices shown correspond to the purchase of products and are subject to VAT at the prevailing rate.
Users who are subject to a special VAT regime, are asked to contact Pedro Tavares Têxteis at the time of ordering to generate the invoice according to the applicable regime.
Pedro Tavares Têxteis is not responsible for color differences between orders, and the customer should mention, if it is the case of ongoing work, that they need the item to be from the same batch as previously supplied (subject to confirmation of stock availability).
Pedro Tavares Têxteis does not accept no type of claim on cut and/or made items.
The minimum order quantity is 0.50mts.
In addition to the price of each product, the respective shipping price is added by the carrier, calculated at the time of the order according to the carrier conditions.
Before placing your order, the User must consult the average delivery times, depending on the region/country to which the product is to be sent, and confirm them with Pedro Tavares Têxteis in case of doubt through the contacts provided. If the packages are damaged in any way, or the number of delivered volumes is not correct, these anomalies must be noted, with no exceptions, on the carrier’s guide, thus avoiding any type of damage, both for the customer as well as the supplier.
Shipping is paid on invoices of € 150 or more excluding VAT.
Stocks are updated dynamically, and for this products may appear as temporarily “out of stock” or “on request”.
Pedro Tavares Têxteis will do everything possible to send all products ordered, however it is possible that, in certain cases and due to hard controlling issues by Pedro Tavares Têxteis, such as human error or incidents in computer systems, it is not possible to provide some of the products ordered by the User.
If a product is not available after placing the order or payment, the User will be notified by email or phone. By that time Pedro Tavares Têxteis informs the User of the temporary and/or definitive unavailability of the product, and the user will have a period of 2 (two) working days to cancel the order with the respective refund, if they have already made the payment or ordered a replacement product.
If after the deadline the User has not responded the order will remain in system waiting until the product is available.
All information regarding prices, products, specifications, promotional actions and services may be changed any time by Pedro Tavares Têxteis.
All products and services sold online by Pedro Tavares Têxteis are in accordance with Portuguese law.
The online website has the adequate levels of security. However, Pedro Tavares Têxteis will not be responsible for any losses suffered by the User and/or by third parties, due to delays, interruptions, errors and suspensions of communication that originate from factors beyond their control such as any faults or failures caused the communication network or communication services provided by third parties, computer system, modems, connection software or any computer viruses or resulting from downloading through the infected file service or containing viruses or other properties that may affect User’s equipment.
If for any reason of error in accessing the online website of Pedro Tavares Têxteis Online, it is impossible to provide a service, Pedro Tavares Têxteis cannot be held responsible for any losses.
The consulting of data and information carried out within the scope of this Service are presumed to have been carried out by the User, and Pedro Tavares Têxteis declines any responsibility arising from abusive or fraudulent use of the information obtained.
Pedro Tavares Têxteis will not be held responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to them as fraud or serious fault.
Pedro Tavares Têxteis is not responsible for damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to Pedro Tavares Têxteis by way of intent or serious fault, and is not responsible in particular for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by the User or third parties’ fault, including violation of intellectual property, (iii) for non-compliance or defective compliance resulting from judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance resulting from the occurrence of situations of force majeure, that is, situations of extraordinary or unpredictable nature, outside Pedro Tavares Têxteis, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or for other situations not controlled by Pedro Tavares Têxteis that prevent or impair the fulfillment of the assumed obligations.
Pedro Tavares Têxteis does not guarantee that:
i) the Service is provided uninterruptedly, to be safe, without errors or works in an infinite manner;
ii) the quality of any product, service, information or any other material ordered online fulfills any kind of expectations of the User regarding it;
iii) the material obtained through the use of the Service is used at the User’s own risk, being the user solely responsible for any damage caused to his/her computer system and equipment or for any loss of data resulting from that operation.
iv) any advice or information, whether oral or written, obtained by the User from or through the Service creates a guarantee that is not expressed in these General Conditions.
The User accepts that Pedro Tavares Têxteis cannot, in any way, be held responsible for any damage, including but not limited to, damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the possibility of the occurrence of such damages), resulting from:
i) the use or impossibility of using the Service;
ii) the difficulty of obtaining any replacement for goods/services;
iii) unauthorized access or modification to personal databases.
Pedro Tavares Têxteis will not answer to any user about non-compliance with the obligations of external delivery services contracted from the carrier.
In the event of a complaint, the User must do so within 8 (eight) days of receiving the product. Pedro Tavares Têxteis is responsible for replacing/returning the value of the product, as long as it is covered by the company’s return policy. In case of refund of the costs of the product, this is the limit of Pedro Tavares Têxteis’ liability.
Specificities of textile products – User Responsibilities:
- The reference, color and length must be confirmed when receiving the order, before using the product, under penalty of Pedro Tavares Têxteis considering that the User has accepted the conformity of the same;
- Before cutting, check the entire fabric (if possible, against light) to check for possible faults;
- Consider that certain products, especially natural ones – silk or linen – have their own characteristics that should be accepted as natural in the fabric itself and not as a fault;
- The cut / processed fabrics / samples are not subjects of a complaint, assuming the User all responsibilities after ordering.
1) By decision of the User
The User can cancel his order by asking Pedro Tavares Têxteis by phone or e-mail mentioning the order number – cancellation will be accepted as long as the order has not yet been processed. For cancellation the User must indicate the following data to Pedro Tavares Têxteis:
- Order number;
- NIF with which order was placed;
- Delivery address.
2) By decision of Pedro Tavares Têxteis
Pedro Tavares Têxteis reserves the right not to process orders when any inconsistency is verified in personal data presented or it is observed misconduct of the buyer. Pedro Tavares Têxteis reserves the right not to carry out the processing of any order or refund in the event of errors in the values and/or characteristics of the products, when they result from technical problems or errors unrelated to Pedro Tavares Têxteis.
Returns of articles are not accepted after the items are cut in the warehouse and ready to be sent if the issue is from user’s responsibility. The User can after the purchase and if according to the general conditions of sale of Pedro Tavares Têxteis exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which they have acquired physical possession of the item. To have the right to do so the User will be able to use the draft below, filling it with all their identification data, the subscribed service that they intend to be solved and the subscription date. This communication must be made by letter, through the return of the acquired item, or by another appropriate and susceptible means of proof within the period defined above. The User must, within 14 (fourteen) days from the date of being informed of resolution, return the goods to Pedro Tavares Têxteis in good condition.
Draft for free resolution form (the User should only fill in and return this form if they want to terminate the contract) – To [insert the name, geographic address and, where appropriate, the fax number and e-mail address of the professional]: – By this communication I/we communicate (*) that I/we have decided to cancel (*) my/our (*) purchase and sales contract relating to the following asset/for the provision of the following service (*) – Requested on (*)/received in (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only if this form is notified on paper). (*) Strike out what does not apply
The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely: sales invoice and document proving receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address: Pedro Tavares Têxteis: Av. Alberto Valente N.103 A – Volta da Pedra, 2950-313 Palmela.
If the User chooses other forms of return, the respective shipping costs will be their responsibility. Upon receipt of the return at Pedro Tavares Têxteis, the amount paid for the order (value of the sales invoice) 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 actual paid amount. The method of refunding depends on the payment method used in the concerning order. In case of payments with MB card, MBWAY, credit card and PayPal, these are credited to the concerned accounts. In remaining cases, when NIB information is provided, the refund is made to the indicated bank account. The reimbursement is made up to 14 (fourteen) days after receiving the free will resolution and receiving the return of the asset. In absence of any components of the item sold or if any of them are not in excellent condition there will be no refund of price or postage, and the product will be sent back to the original shipping address.
Revocation of Contract Declaration: Exception to the right of free resolution
Products that are subject to modification/transformation at the request of the User (eg fabric cuts, samples) cannot be returned. In this sense, it is warned that the legal term of 14 (fourteen) days for free termination of the contract does not apply to the contractual relationship that the User concludes with Pedro Tavares Têxteis in these situations, as there is a legal exception for the sale of these products – “Supply of goods made accordingly to consumer’s specifications or manifestly personalized”. The User knows this contractual condition and accepts that after ordering the product under the mentioned conditions the User cannot terminate the contract and will not be able to return the ordered product.
In case of “manufacturing fault”, that is, when faults are detected in the products, the User must return the product BEFORE USE (see Responsibilities section), together with a copy of the invoice and the respective notification to Pedro Tavares Têxteis, by e-mail (email@example.com) or by letter to the address: Pedro Tavares Têxteis, Av. Alberto Valente N.103 A – Volta da Pedra, 2950-313 Palmela, within a maximum period of 14 (fourteen) consecutive days from the date of the invoice.
If the User chooses other forms of return, the concerning shipping costs will be their responsibility.
It should be noted that certain products with fabrics of natural origin, such as silk or linen, have their own characteristics that must be accepted as natural composition of the fabric itself and not as a fault.
For the product to be replaced, the User must ensure that the packaging is whole (box and accessories), containing all the components that make it, in excellent condition.
In the absence of any of the elements mentioned above or if any of the components are not in excellent condition, there will be no replacement, and the product will be sent back to the User.
In case of problems with the use of the product, the User can contact Pedro Tavares Têxteis by email: firstname.lastname@example.org. The User has a period of guarantee of conformity of the goods if they complies with the requirements described in point 10 and their own responsibilities, defined by Pedro Tavares Têxteis in point 7.
The registered website and the Service provided by the website is of responsibility of Pedro Tavares Têxteis.
The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by laws related to copyright and its related rights, by laws relating to industrial property and other property protection laws. Therefore any use of such content may only occur under clear authorization of the concerning owners.
The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as viewing, commercializing, transmiting or placing available to the public of such content or any other unauthorized acts which have as their subject the same content.
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 unchecked sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also note the rules for using the Service, under penalty of Pedro Tavares Têxteis suspending or deactivating the Service under the terms set out in point 14.
The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network susceptible to be used by several users and as such subject to computer overloads, therefore Pedro Tavares Têxteis does not guarantee the provision of the Service without interruptions, loss of information or delays.
Pedro Tavares Têxteis also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or by force majeure (situations of an extraordinary or unpredictable nature, external to Pedro Tavares Têxteis and which cannot be controlled by it) .
In the event of interruption of the Service provision due to unforeseen overload of the systems on which it is supported, Pedro Tavares Têxteis undertakes to regulate its operation as soon as possible.
Regardless of any prior or subsequent communication Pedro Tavares Têxteis may, at any time and in its own discretion, discontinue the provision of the Service and/or part of the Service to one or all users. Pedro Tavares Têxteis also reserves the right to suspend or immediately terminate access to the Service, in the following cases:
- When the User does not note the conditions of use referred to in point 4 and others referred in the General Conditions;
- When Pedro Tavares Têxteis ceases to access the site, by giving 15 (fifteen) days prior notice of the termination date.
The suspension or termination of the Service by Pedro Tavares Têxteis, under the terms of the previous numbers does not apply the right of the User or third parties to any restitution of funds or any other compensation, and Pedro Tavares Têxteis cannot be held responsible, or in any way encumbered, for any consequence resulting from the suspension or cancellation of the Service.
In the situations described above, Pedro Tavares Têxteis will inform the User, in advance and in such a way that they can, if they wish to, to safeguard the contents of their order viewing page within 3 (three) working days from the sending of the e- mail or of making information available on the Service’s main page.
Without prejudice to other forms of communication provided for in these General Conditions, notifications sent 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 communication and/or notification related to the Online Site, to the address, contact telephone number and or email address (“email”) indicated in the ordering process.
At any time, the User may request not to receive these communications and/or notifications through the Contact Form or through the option “Do not receive the Newsletter”, included in each Newsletter.
Without prejudice to the provisions of the following number, Pedro Tavares Têxteis may change the Service and/or the technical conditions of providing it, as well as its rules of use, and must disclose to the User such changes at least 15 (fifteen) in advance days.
The version of enforcement of these General Conditions and its annexes is available on the website https://pedrotavarestexteis.pt/.
Whenever Pedro Tavares Têxteis deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
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, Pedro Tavares Têxteis may change its technical configurations whenever it proves convenient to adapt it to possible technological developments.
Pedro Tavares Têxteis does not guarantee, however, the performance of any upgrades or improvements in the Service.
Some upgrades or new features of the Service may be available only against payment by the User and/or subscription by themselves of Specific Conditions of use.
Cookies are small text files that are copied to your computer or device, when you access the website through the browser you are using with the task of helping the website to recognize the device for the following accesses. The term cookies is used in this policy to refer to files that collect information in such a way.
These files collect only information of a generic nature, related to the user’s preferences, as a source of traffic (search path that users perform until they reach a page, the way they use and navigate on the website and geographical data that makes the page traffic, among others), and do not collect any information from the User that personally identifies these preferences.
The User will always have the possibility to deactivate the subscription of this service, through: ELIMINATE PEDRO TAVARES TÊXTEIS COOKIES.
The User can submit any contractual conflicts to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Pedro Tavares Têxteis 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, counting from the acknowledge of the facts by the User, being registered in the information systems of Pedro Tavares Têxteis, who must decide upon the complaint and notify the interested party within the maximum period of 30 (thirty) days from the date of receipt.
The Contract is made under Portuguese law. The parties resort to the Lisbon District Court for all issues arising from this Agreement that cannot be resolved by mutual agreement between the parties, or through recourse to Arbitration.