TERMS AND CONDITIONS
INTRODUCTION
Please read these Terms and Conditions carefully before using the website. The use of this website is subject to the following Terms and Conditions and all applicable legislation.
The owner of this website will from now on be referred to as “ART COBBLER”.
Any individual who accesses/purchases on the website will hereinafter be referred to as “User”.
When using this website and/or purchasing any product in the online store, the User is bound by these Terms and Conditions and other policies that govern the use of the website (namely, Return and Cancellation, Privacy and Cookies Policies) . ART COBBLER requests that you carefully read the Terms and Conditions and associated policies before using this website.
If the User does not agree, in whole or in part, with these Terms and Conditions, they should not access the website, nor the associated features and services, namely its online store.
These Terms and Conditions, including associated policies, constitute the complete agreement between the User and ART COBBLER regarding the use of the website, and cannot be dissociated from them.
ART COBBLER may, at any time, update, modify or replace, in whole or in part, the Terms and Conditions or the policies associated with them, announcing such changes in a specific location. The User will be responsible for periodically checking the occurrence of any changes, and the use of the website will be governed by the Terms and Conditions in force at each time of access.
Continued access and use of this website after the publication of any updates or modifications to these Terms and Conditions and associated policies, with the exception of the Privacy Policy, constitutes acceptance and agreement to such updates or modifications.
Without prejudice to any updates or changes, the Policies in force on the date of confirmation will apply to each order.
PROPERTY
The User acknowledges and consents that all intellectual property rights, namely, but not limited to, copyright, trademark, designs, commercial secrets or any other rights over the materials or content that are provided as part of the website are, at any time, property of the commercial company identified in the previous paragraph or whoever has granted a license for its use.
The User may not, in particular, copy, upload, reproduce, republish, imitate, advertise, transmit or distribute in any form the contents of this website, including text, image, audio and video for public or commercial purposes without the written consent of ART COBBLER, under penalty of ART COBBLER being able to take legal action against the offenders.
These Terms and Conditions do not grant the User any rights that allow them to use the brand, designs, or other rights protected by law, belonging or licensed to ART COBBLER.
The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and/or object of the website, also refraining from removing any confidentiality or proprietary notices intellectual property contained therein.
OBJECT
These Terms and Conditions apply to all users/customers of the website and also to any commercial transactions carried out through the online store.
COMERCIAL POLITICS
This website is aimed at any and all people, natural or legal, who act/purchase outside the scope of their business. If this is not your case, we ask that you do not make purchases on the website and contact ART COBBLER directly through the available means indicated in the “Contacts” tab.
ART COBBLER reserves the right not to process orders received from Users who are not end customers/consumers or any orders that do not comply with the Terms and Conditions.
The contractual proposal relating to the purchase and sale of products sold in the online store is aimed only at people of legal age, with full capacity, enjoyment and exercise, and who, therefore, can be responsible for the commitments resulting from the purchase and sale of products. marketed products.
In particular, making any and all purchases through the online store depends on acceptance of these Terms and Conditions and other associated policies, so if you do not accept them, you will not be able to use it.
When placing orders through the online store, the User declares that they are over 18 years old, guaranteeing that they have full legal capacity and the necessary powers to contract. On the other hand, by accepting the Terms and Conditions and other associated policies, the User expressly declares that they will not use the website and the functionalities or services associated with its use, for illegal and/or illicit purposes.
PRODUCT INFORMATION AND PRICES
ART COBBLER reserves the right to modify at any time the information and commercial offer presented regarding: products, prices, promotions, commercial conditions and services.
The prices and products available on the website will only be valid for commercial transactions carried out through the online store.
The price applied to each purchase will be that shown on the product's website, at all times, except in the case of an error.
If an error is detected in the price of any of the products that the User has ordered, the User will be informed as soon as possible, with the option of confirming the order again with the correct price or canceling it.
If, for any reason, ART COBBLER is unable to contact the User, the order will be canceled and the amount paid will be refunded in full.
All product prices displayed on the website include Value Added Tax (VAT) at the legal rate in force.
Prices are all presented in euros and changing the country of delivery may have an influence on prices depending on shipping costs.
Shipping costs may vary depending on quantity ordered, delivery time and destination country. In many cases, ART COBBLER can fully cover shipping costs. Posting will be reflected at the time of order after identification of all elements contained in the order form.
In the case of urgent orders (express shipping), shipping costs are applied per order, with the User bearing the respective shipping costs. The exact price of shipping costs will depend on the country where your order will be delivered.
The total price specified in the final checkout menu includes taxes and shipping costs, the latter if applicable.
PAYMENT OPTIONS
ART COBBLER accepts the following payment methods: ATM (only in Portugal), credit/debit card, bank transfer or paypal.
No other payment methods than those mentioned are accepted.
In the case of payment by Credit Card, all details (e.g. card number or expiration date) will be sent, via encrypted protocol, to the company page that provides remote electronic payment services, without third parties being able to access to the information transmitted.
This information will not be used by ART COBBLER, except to carry out the necessary procedures for purchase, refund (in the case of return), or to report cases of fraud to the police authorities.
In situations where payments are made by ATM, credit/debit card or PayPal, the order will only be processed after receipt of payment confirmation.
For orders where the payment method selected by the User is by bank transfer, an email will automatically be sent to the User's email address indicated during registration with the ART COBBLER IBAN. Once payment has been received, the order will be processed.
REGISTRATION ON THE WEBSITE
Mere access to this website is not subject to registration. However, to take advantage of all its features and services, namely placing an order, User registration will be necessary.
To register, the User must create an account, filling out the form for this purpose and indicating, obligatorily, an email address and password. Additionally, the following personal data will also be requested: name and surname; date of birth; address, postal code and location; telephone contact; and taxpayer number (optional field).
After registration and subsequent access, it will only be necessary for the User to identify themselves using the email address and respective password, indicated when creating the User account.
The User is responsible for the veracity, completeness and legality of the data provided at the time of registration. Under these terms, the User will be solely and exclusively responsible for any false or inaccurate statements made, as well as for all activity that takes place on their account, and there is no obligation on the part of ART COBBLER to monitor the contents or (in )fulfillment of any responsibilities of the User, particularly towards other Users or towards authorities.
ART COBBLER does not have access to or knowledge of the password defined by the User, and it is up to the User to ensure its confidentiality and guarantee its safekeeping and good use, as well as complying with good practices regarding the security of your account (in particular, changing your password regularly and avoiding connections via networks open to the public).
ART COBBLER cannot be held responsible for losses arising from the loss or misuse of the password defined by the User.
ORDERS
All products available on this website are illustrated with photographs and indicating their essential characteristics.
The images are merely illustrative and may not strictly correspond to the actual appearance of the products, so the User must carefully and fully read the information available on the website about the essential characteristics of each product, warnings and instructions for use. If you have any questions, you can contact ART COBBLER in order to obtain additional information, filling out the form provided for making information requests.
To place orders on this page, the User must register (using the data identified in the previous point), and that their browser must be configured to accept cookies, in order to benefit from all the navigation conditions contained on this website.
Whenever the User is already registered and wishes to place an order for any product, they must log into their account and then carry out the following steps:
1. Search for the product(s)/model(s) you intend to purchase;
2. Select the product(s)/model(s), indicating the desired quantity, size and color, as well as the elements to be customized (the latter if desired and available on the product in question);
3. Add the selected product(s) to the shopping cart;
4. Finalize the order;
5. Review your order;
6. Select the payment option from those available;
7. Proceed with payment and order confirmation;
Any order is confirmed whenever the User selects the “Confirm Payment" button at the end of the purchase process.
After confirming the order, the User will receive a message with the order number and all details relating to it, as well as receiving an order confirmation email to the email address used during registration.
The purchase and sale contract concluded between ART COBBLER and the User is concluded at that moment.
If the User has not yet registered on this website, they will be asked to do so after the “Finalize the order” step, indicating the data requested in the “Registration on the Website” section. After confirming registration, the User must perform the remaining steps previously mentioned in this point to place the order.
ART COBBLER reserves the right to cancel or refuse any order (even if it has already been accepted), particularly in the following situations, exempt from liability for any damages or costs:
- The billing information is not correct or verifiable;
- The order is flagged by our Security Systems as susceptible to fraud;
- The bank transfer to pay for the order was not received within 5 days of accepting your order;
- Whenever the User is under 18 years of age, or is not a final consumer.
DATA BILLING
Whenever you choose to place orders on this website, you will need to provide the following billing details:
- Full name;
- Telephone contact;
- Billing address;
- Tax Identification Number (TIN) to appear on the invoice.
The billing data mentioned above will be requested from the User when making the first purchase through the website, and will be saved for future purchases. Without prejudice, the User may choose to enter new data in subsequent purchases.
SALES AND PROMOTIONS
The prices of products on sale or on sale are only valid for the time they are displayed on the website.
ART COBBLER is not bound to any offer if there are errors or mistakes in spelling, prices or other errors in the information on the website, reserving the right to cancel any order placed due to such errors.
PROPERTY RESERVATION
ART COBBLER reserves the ownership of the ordered products, after confirmation of good payment, until their delivery.
SHIPPING AND DELIVERY
Products sold through the online store are available for delivery worldwide.
Except for force majeure or fortuitous reasons, orders will be delivered according to the established deadlines, taking into account the final destination.
The User may choose between one of the following delivery methods: standard (delivery within 15 working days) or express (delivery within 7 working days).
The deadlines indicated above start from the date of obtaining payment confirmation from ART COBBLER.
Despite the deadlines indicated, delays may occur, in particular for any of the following reasons:
- Delays on the part of transport companies;
- Strikes, riots or changes in public order;
- Health emergency, state of emergency or calamity;
- Difficulties in delivery to the recipient;
- Local holidays;
- Force majeure reasons/events.
The User must bear in mind that delivery times refer to working days, and there is no processing of orders and/or shipments on Saturdays, Sundays and National Holidays.
Whenever it is not possible to deliver the order due to the absence of a recipient at the specified location or due to an incorrect address, the carrier will contact the User in order to define a new delivery date and time.
If it is impossible to deliver the product due to the absence of a recipient at the address indicated by the User, the carrier may be charged for expenses related to storing the products and new delivery attempts.
Any complaint about non-receipt of the order must be made within a maximum period of 30 days from the date of placing the order. After this period, ART COBBLER cannot be held responsible for the loss of the item.
Upon delivery, the User must inspect the packaging and its contents and check for any possible damage. If you find that the products are damaged, the User must not accept delivery of the order.
In such a case, and provided it is justified, ART COBBLER will reimburse the amount paid for the order and transportation (the latter if paid by the User), as soon as the warehouse receives and completes the return process.
EXCHANGES, RETURNS AND CANCELLATIONS
See the “Return and Cancellation Policy” tab for more information on how to exchange, return or cancel the purchased product.
QUALITY AND GUARANTEE
ART COBBLER does not sell second-hand, used or defective products.
The main characteristics of each product can be found on the product page to which they relate.
The products offered for sale on this website may not exactly correspond to the real product in terms of image and colors, due to the internet browser and monitor used.
ART COBBLER products undergo quality inspection. However, ART COBBLER is responsible for any lack of conformity of products sold to the User that appears within 2 years of delivery, as long as it is communicated within a maximum period of 2 months from the date on which it was detected.
All articles are covered by the guarantee required by law (Decree-Law no. 67/2003, of April 8, as amended by Decree-Law no. 84/2008, of May 21).
During the warranty period, the product that presents a manufacturing defect will be subject to repair or replaced with a similar model.
Whenever the User considers that the purchased product contains a defect, they must contact ART COBBLER, via the email address geral@artcobbler.pt, indicating the order number and presenting the corresponding invoice, explaining the defect and, if possible, sending photographs of the allegedly defective item.
ART COBBLER will analyze and confirm the existence of any non-conformity of the product and, if confirmed, will replace it at no inherent cost, also bearing all return and resending costs.
Excluded from the warranty are materials subject to breakage, deterioration, oxidation, loss or misplacement, damage caused by blows, inappropriate use, inadequate conservation and cleaning, negligence, misuse, modifications, unauthorized repairs, accidents or normal wear and tear. and also damage caused by the use of other products, whether in conjunction with these or isolated.
In situations where the existence of any non-conformity in the product is not confirmed, the return costs will be borne by the User.
RESPONSIBILITY
Links to other pages and third-party content are provided for information purposes only, without ART COBBLER having any control or responsibility for the content of these pages, as well as their policies and/or practices.
The establishment of links to other websites does not imply, under any circumstances, the existence of relationships between ART COBBLER and the owner or manager of the website to which the link refers.
ART COBBLER will not accept any responsibility for damages or losses arising from the use of said websites.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
The User must not misuse this website through the intentional introduction of viruses, Trojan horses, spyware, malware, or any other technologically harmful or harmful material.
The User will not attempt to gain unauthorized access to this website, the server where it is hosted or any server, computer or database related to it.
The User undertakes not to attack the website in any way, namely through a denial of service attack (DoS) or a distributed denial of service attack (DDoS).
Failure to comply with this clause may result in the commission of various crimes foreseen and punished in the personal data protection legislation and in the cybercrime law, which will be duly reported to the competent authorities.
DATA PROTECTION
ART COBBLER guarantees the security of User data within the security measures expected and appropriate for platforms such as this website and its online store.
When using this website, the User acknowledges that their personal data will be processed by ART COBBLER, identified above, and declares that all information or data provided is true and corresponds to reality.
ART COBBLER cannot be held responsible for the inaccuracy of the information provided by Users on the website, and they are entirely responsible for its accuracy, completeness and updating.
All information or personal data provided by the User will be treated in accordance with the law and as established in the Privacy and Cookies Policy.
The User hereby consents to the use of the information provided for contact purposes whenever necessary, as well as to the provision, by ART COBBLER, of their personal data (name, address and telephone number) to the carrier responsible for delivering the ordered products.
If you have any questions regarding the Privacy and Cookies Policies, you can contact us at geral@artcobbler.pt.
WRITTEN COMMUNICATION
By using this website, the User accepts that the majority of notifications exchanged with ART COBBLER are electronic, and that this form of communication satisfies the legal requirement that such notifications be made in writing, without affecting the rights recognized by law of the consumer. .
User notifications/communications must be sent, preferably, via our contact form or, alternatively, to the email address geral@artcobbler.pt.
FORCE MAJEURE OR FORTUITUTE REASONS/EVENTS
ART COBBLER will not be responsible for non-compliance or delay in fulfilling any of the obligations assumed, the cause of which is due to events that are beyond its control (force majeure or fortuitous reasons/events).
The concept of force majeure/act of God covers any act, event, failure to exercise, omission or accident that is beyond the control of ART COBBLER, including, among others, the following:
- Strike, or other forms of protest that significantly affect the sector involved;
- Public order disturbances, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
- Impossibility of using public or private telecommunications systems;
- Impossibility of using rail, sea, air, road or other public or private means of transport;
- Laws, decree-laws, ordinances, regulations ending restrictions issued by national sovereign bodies, with repercussions on ART COBBLER's activity and respective implementation.
Any obligations arising from the ordering of products from this website will be suspended during the period in which the reasons/force majeure events occur, extending the deadlines for fulfilling such obligations by a period of time equal to the remaining missing period.
APPLICABLE LAW
For any dispute arising from these Terms and Conditions and associated policies, including their validity, the use of the website or any purchase made here, Portuguese Law will apply.
ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute regarding contractual obligations resulting from purchase and sale contracts, in accordance with EU Regulation No. 524/2013, the User may attempt to resolve any dispute extrajudicially through access to the electronic conflict resolution platform at line, via the email address http://ec.europa.eu/consumers/odr/.
The User may consult the updated list of Alternative Dispute Resolution Entities available, in accordance with article 17 of Law no. 144/2015, of September 8, on the Consumer Portal, via the website www.consumidor.pt.
Without prejudice, the User may resort to the following Alternative Dispute Resolution Entities:
Lisbon Consumer Dispute Arbitration Center
(http://www.centroarbitragemlisboa.pt/ or Rua dos Douradores 106, 1100, Lisbon);
Consumer Dispute Arbitration Center of Vale do Ave/Arbitration Court
(http://www.triave.pt/ or Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães);
CIAB - Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)
(http://www.ciab.pt/pt/ or Rua D. Afonso Henriques, 1, 4700-030 Braga / Av. Rocha Paris, 103, 4900-394 Viana do Castelo);
CNIACC – National Center for Information and Arbitration of Consumer Conflicts
(http://www.arbitragemdeconsumo.org/);
Consumer Dispute Arbitration Center of the District of Coimbra
(http://www.centrodearbitragemdecoimbra.com or Av. Fernão de Magalhães, nº 240, 1º Andar, 3000-172 Coimbra);
Algarve Consumer Conflict Information, Mediation and Arbitration Center
(http://www.consumoalgarve.pt or Ninho de Empresas, Edif. ANJE, Estrada da Penha, 3rd floor, room 26, 8000 Faro);
Porto Consumer Information and Arbitration Center
(http://www.cicap.pt or Rua Damião de Góis, 31, Loja 6, 4050-225, Porto).
ART COBBLER is not bound, by adherence or legal imposition resulting from necessary arbitration, to any alternative consumer dispute resolution entity.
THE USER DECLARES THAT THEY HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AS WELL AS THE ASSOCIATED POLICIES, AND THAT THEY HAVE HAD THE OPPORTUNITY TO CONSIDER AND SEEK INDEPENDENT LEGAL ADVICE, PRIOR TO ACCEPTANCE.