Terms and conditions

This document regulates the terms and conditions of the use of this website and the agreement that is established between us (Perfume Art / Seller / we / our) and You (user).
These Terms enshrine the rights and obligations of all users and Perfume Arte regarding the goods/services made available on this website or on any other website to which there is a hyperlink ( Perfume Arte Services).

Before pressing the "CONFIRM ORDER" button at the end of the order operation, you should carefully read these Terms. If you do not agree to these Terms in their entirety, you must refrain from placing any order.

These Terms are likely to change, so you should read them before placing any order.

If you have any questions about these Terms, please contact us using our website via our electronic form.

Perfume Arte, Comércio de artigos cosméticos do Centro, LDA, with headquarters in the Industrial Zone of Soure Lt. 27, in the district of Coimbra, Municipality of Soure, registered at the Commercial Registry Office of Soure under the unique registration number of legal person 501 997 458

These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in case of express agreement of the Seller, previously given in writing. These Terms are important for both parties as they aim to protect your rights as a customer as well as our rights as a Seller and are intended to establish a legally valid agreement between the parties.

The images and texts associated with the products are for example only and do not constitute a contract and may not represent exactly the product in question.

By placing an order, you confirm that you have read these Terms, which you accept without reservation.
You agree that:

• You may only use this website to make inquiries or orders that are legitimate.
• You will not place orders of a speculative, false or fraudulent nature. If we have reasonable grounds to believe that a particular order is of this nature, we reserve the right to cancel it and to inform the competent authorities.
• You will be obliged to provide an email, postal address, or the data relating to another form of contact, which are correct and complete and you agree that the Seller may contact you using such data, if it deems it necessary.
• If you do not provide the Seller with all the information it deems necessary, it may not be possible to complete your order and/or guarantee a quality service.

By placing an order through this website, the user declares that he is over 18 years of age and that he has the legal capacity to enter into contracts.

The information contained in these Terms does not constitute an offer for sale, but rather a mere invitation to trade. No contract concerning the mentioned products will be established between the Seller and the user without the order having been accepted by the former (regardless of whether or not a debit has been made to the user's account). If the order is not accepted after any debit has taken place to the user's account, the respective amount will be refunded in full.

To place an order you must follow the online purchase process and press the "CONFIRM ORDER" button.

You will then receive an email confirming that your order has been received by the Seller (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. The order constitutes only an offer to purchase one or more of our products.

Any order is subject to its acceptance by the Seller, which will always be confirmed by sending an email communicating the shipment of the product(s) -Shipping Confirmation.

The contract of purchase and sale between Seller and user (Contract) will only be formalized with the communication of the Shipping Confirmation. The Contract will only concern the products mentioned in the Shipping Confirmation. The Seller shall have no obligation to supply any other products that may appear in the order until the shipment of the same has been the subject of another Shipping Confirmation.

Perfume Arte sends orders to mainland Portugal and Islands within a delivery time indicated at the time of choosing the delivery method.

Track my order
If you have difficulties in locating your order, please contact us by e-mail clientes@perfumearte.pt

Difficulties in making the delivery

If the carrier is unable to deliver the order, it will make a new attempt the next day or will contact you to schedule a new delivery. 

 

The Seller shall not be liable to you or any third party for the withdrawal of any product appearing on this website, for the alteration or deletion of any materials or contents of this website, nor for the refusal to complete the processing or to accept any order that has been the subject of the sending of an Order Confirmation.

The user who contracts as a consumer may freely terminate the Contract within 14 days from the date of delivery of the products. In this case the user will be reimbursed for the full price paid for the products, in accordance with the provisions of the Return Conditions (see clause 12 below).

Please see in the Return Conditions how to proceed with the return of products. The right to terminate the Contract will only take place in the event that the products are returned in the same state in which they were received by the user. This must proceed to your return with all instructions, documents and packaging materials. Any damaged product that is not in the same condition as it was received by the user, or that has signs of use beyond the mere opening of its packaging will not be refunded.

Please take due care with the handling of the product(s) while they are in your possession and keep in your possession the original boxes, instructions, documents and other packaging materials for subsequent return and collection of the products.

More detailed information on the right of withdrawal from the contract and explanations regarding its exercise are the subject of clause 12 of these Terms. This provision is without prejudice to any rights resulting from the law.

Provided that they are available (see clause 4 above), the Seller will make every effort to ensure that, except in exceptional circumstances, the products contained in a Shipping Confirmation are delivered to the user within the stated period, or if there is no indication thereof, within 15 days from the date of the Order Receipt Confirmation.
Possible reasons for the delay include:

• Specialized products;
• Unforeseen circumstances;
• Delivery area;
• Wrong or incomplete delivery address

If, for any reason, the Seller is unable to proceed with the delivery on the scheduled date, the user will have the option to keep the order by extending the delivery period or to proceed with its cancellation against a full refund. The user must take into account that, in any case, the Seller does not make deliveries either on Saturdays or Sundays.

For the purposes of these Terms, a "delivery" is deemed to have been made or a product is deemed to be "delivered" with the signature of the delivery receipt at the agreed address.

 

If the Seller is unable to proceed with the delivery after 1 attempt, it will endeavour to find a safe place to leave the ordered product. A note will be left explaining where the product is and how the respective order can be picked up.

From the moment of delivery, the risks related to the product supplied will be borne by the user.

Ownership of the products supplied will only be transferred to the user when the Seller has received full payment of the sums due for the supply of the product, including delivery charges, or after delivery, whichever is the latest.

Except in case of obvious error, the price of the products will be as indicated at all times on our website. Although the Seller tries to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product contained in an order is wrong, it will inform the user as soon as possible, giving him the possibility to choose between reconfirming the order at the correct price or cancelling it. If it is not possible to contact the user, the order will be cancelled and the user will be reimbursed for the full amount of the order, if he has already paid for it.

The Seller shall have no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is notorious, unambiguous and should have been identified by the user in reasonable circumstances.

The prices indicated on this website have VAT included (where applicable), but do not contain delivery costs, which will be added to the final price.

We reserve the right to refuse orders of large size or value. All available prices and quantities are subject to change at any time but, except as stated above, such change will not affect orders for which a Shipping Confirmation has already been issued.

When the user has finished his purchases, all the products he wants to purchase will be inserted in his shopping basket, the next step will be the selection of the delivery method and the realization of the payment. To this end, it shall:

• Click on "CART" at  the top of the page.
• Click on the "GO TO CART" button.
• Click the "VALIDATE CART" button
• Fill in or confirm the data related to your contacts, your order, billing address, shipping address, transportation and form of payment.
• Press the CONFIRM ORDER key
• Proceed to payment.

You can make the payment with Visa, Maestro, American Express, Bank Transfer, MB Way or through ATM reference, provided that the service is active and in perfect working order in terms of security and / or privacy. The Seller uses the latest technologies through oarceiros duly authorized and accredited in terms of functionality and privacy, confidentiality and security.

ORDER. With the exception of payment by MB reference, by making the payment the user is confirming that he is a cardholder, the amount authorized will be debited at that time.

Credit cards are subject to validation and authorization verification by the issuers, but if the card issuer does not authorize the payment the Seller will not be held responsible for any delay or lack of delivery and may not enter into the Contract with the user.

In accordance with the rules and regulations in force, purchases made through this website are where applicable, subject to Value Added Tax (VAT).

Sales prices to the public, whether for an individual customer or a company, include where applicable Value Added Tax (VAT).

General rule for return

Whenever an order / item is delivered with signs of being damaged, the customer must make this indication in the guide of the carrier that delivers them.

Then you should contact the support line online store Perfume Arte through email or by phone, to inform what happened.

If the user wishes to return a product must fill out the form for this purpose in the area of "MY ACCOUNT", option "RETURN OF ORDERS". 

After this contact you will be given the indications to follow up the exchange or return. In no case send the articles without prior contact because they will not be received. 

The user must return the product in the same packaging used in the first delivery. Whenever possible, the user must accompany the product to be returned with all boxes, instructions/documents and original packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use beyond the simple opening of the package, does not confer the right of contract termination and refund.

Exchanges of make-up products are not accepted. Products purchased in sales or promotions are not exchanged.

The User will be responsible for the shipping costs associated with the return (shipping costs). 

 

Return of defective products

If the user understands that the product supplied, at the time of delivery, is not as provided for in the Contract, he/she must promptly contact the Seller via electronic form, informing him of the condition of the product and its defects.

The Seller will inspect the returned product and inform the user of the right to its replacement or refund (if applicable), via email, within a reasonable time. The Seller, as a rule, proceeds to the refund or replacement as soon as possible and, in any case, within 14 days from the date of confirmation via email that the user is entitled to a refund or replacement of the defective product. The products returned by the user for reasons of defect, if confirmed, will be reimbursed for the full amount paid, including delivery costs and return costs. The refund of any amount paid will always be made via the payment method used in the purchase of the product.

Reimbursement
The refund will take place as soon as possible, on average 2 working days after receipt of the returned items in our warehouse (in any case, within 14 days from the date of notification of the return). The refund of any amount will always be made through the same means of payment used in the purchase of the product, except for orders paid by MB reference, the refund will be made by bank transfer.

These provisions are without prejudice to any rights of the user, which result directly from the law.

Perfume Arte informs that, in order to facilitate the consumer in the exercise of the Right of Withdrawal, he must contact the Customer Service through the clientes@perfumearte.pt email, to communicate the intention of exchange or return, indicating the order number or invoice number, products to be returned and reason. After this contact you will be given the indications to proceed with the exchange or return.

The User has up to 14 days after the date of delivery of the products to return them, without any justification being required (except in the case of products made to his specification or customized).

The user must return the product in the same packaging used in the first delivery. Whenever possible, the user must accompany the product to be returned with all boxes, instructions/documents and original packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use beyond the simple opening of the package, does not confer the right of contract termination and refund.

The User will be responsible for the shipping costs associated with the return (shipping costs).

The Seller respects your privacy. Any and all information collected on the website will be kept confidential and will not be sold, provided or reused by third parties without your authorization. Any information provided to us will be treated with care and used for the sole purpose of executing your order and improving your experience on our website. – See Full Privacy Policy.

The Seller's liability in respect of any product purchased through this website is limited solely to the respective purchase price.
Nothing in these Terms has meant to exclude or limit the liability of the Seller:

• For death or personal injury caused by your negligence;
• For fraud or fraudulent misinformation;
• With respect to any matter in which the exclusion or limitation, or the attempt to exclude or limit the liability of the Seller is unlawful.

Without prejudice to the provisions of the preceding paragraph, the Seller, to the maximum extent permitted by law and except when otherwise established in these Terms, rejects any kind of liability for indirect losses or damages, which occur by consequential effect of the main losses or damages, even if originated by the practice of illicit, contractual or extra-contractual, including mere negligence, whether foreseeable or not, by way of:

• loss of business;
• loss of income or income;
• loss of results or contracts;
• Profits;
• data loss;
• of management time and hours of activity.

Due to the open network nature of this website and the possibility of error in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, unless expressly stated herein.

All product descriptions, information and materials on this website are made available on their precise terms ("as is") and without any warranty of conformity express, implied or arising for any reason.

To the maximum extent permitted by law, the Seller does not assume any type of guarantee, without, however, this implying the exclusion of liability that cannot be legally excluded within the scope of consumer rights.

Nothing in this clause affects your legal rights as a consumer or affects your right to withdraw from the Contract.

The user acknowledges and accepts that all rights of intellectual property rights relating to any and all material and content that forms part of this website remain at all times in the ownership of the Seller or its licensors. You are permitted to use such material only to the extent expressly authorized by Seller or its licensors. This does not prevent the user from using this website to obtain a copy of an order or the terms of the Agreement.

Applicable law requires that some of the information or communications that the Seller sends to users be in writing. By making use of this website the user accepts that the communication between him and the Seller is mainly in electronic form. The Seller will contact you by email or provide you with information by inserting notices on this website. For contractual purposes, the user accepts this means of communication by electronic means and acknowledges that any contracts, notices, information and other communications that the Seller transmits to him by electronic means satisfy the legal requirement that such communications be made in writing. This provision is without prejudice to any rights of the user, which result directly from the law.

All communications from the user to the Seller must be sent via electronic form. Without prejudice to the provisions of clause 16, the Seller may communicate with the user either by email or by post to the address contained in the order.

Any communication will be deemed to have been received at the time it is entered on the website, 24 hours after the sending of an email, or on the third day following the date of its sending by post. To prove the sending of a communication, in the case of a postal shipment, it is sufficient to prove that the respective letter was correctly addressed, sealed and delivered in the mail and, in the case of sending by email, that the same email was sent to the email address indicated by the user.

The Agreement between the Seller and the user binds the parties and their respective successors and assigns.

You may not transfer, assign or encumber your contractual position, or otherwise dispose of the Agreement or any rights or obligations arising therefrom, without the Seller's prior written consent.

The Seller may transfer, assign or encumber its contractual position, sub-contract or otherwise dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. However, no transfer, assignment or encumbrance of such position, or act of disposition of the contract, shall have the effect of limiting the legal rights of the user as a consumer or reduce, or limit in any way, any warranty provided by the Seller to the user expressly or implicitly.

Seller shall not be liable for breach, or delay in performance, of any obligation arising under the Agreement that is due to an event beyond its reasonable control ("Force Majeure Event").

A Force Majeure Event comprises any event, act or omission, beyond the reasonable control of the Seller and includes, in particular (but not exclusively), the following:

• Strikes, lock-outs and other labour actions
• Civilian uprisings, rioting, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
• Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
• Impossibility of using rail, sea, air, road or other public or private means of transport.
• Impossibility of using public or private telecommunications networks.
• Laws, decrees, regulations or restrictions of the Government.
• Any strikes, interruptions or accidents affecting relevant postal or transport services.

Seller's obligation to perform any Contract shall be suspended for the duration of a Force Majeure Event and shall give rise to an extension of the respective term equivalent to that duration. Seller will make reasonable efforts to terminate a Force Majeure Event, or to find a solution that enables the fulfilment of its contractual obligations despite the existence of a Force Majeure Event.

If the Seller, at any time during the term of the Agreement, refrains from requiring strict performance of any obligation on you under the Agreement or these Terms, or from exercising any right or power provided therein to terminate such breach, this shall not constitute a waiver of such rights and faculties and shall not relieve you of the performance of your obligations.

The Seller's waiver of the exercise of any right or power in the face of a given situation of default of the user does not mean a waiver of rights or faculties in the face of a situation of subsequent non-compliance.

The Seller's waiver of any right arising from the Agreement or these Terms will only be effective if it is contained in a written communication sent to the user in the manner provided for in the Communications clause, where the latter expressly declares that he waives.

 

The declaration of invalidity, illegality or ineffectiveness, by competent authority, of any of the provisions of these Terms & Conditions shall not affect any of the remaining provisions, which shall continue in full force.

These Terms and any document referred to therein constitute the entire agreement between the parties regarding the formation of a Contract and supersede any prior agreement, understanding or combination, whether in written or oral form.

Both parties acknowledge that, in entering into the Agreement, neither party based its motivation on a statement, commitment or promise made by the other, or that could be considered implied by something that had been said or written in negotiations between the parties at a time prior to the conclusion of the Agreement, except where otherwise apparent from these Terms.

Neither party may avail itself of the fact that the other has made an untrue statement, oral or written, prior to the conclusion of a Contract (except where such statement has been made with fraud) and may only avail itself of the rules of breach of contract resulting from these Terms.

The Seller has the right to change these Terms of Service at any time. The user is subject to the principles and terms in force at the time of his order, unless the law or competent authority imposes any change thereto (and such changes are applicable to orders already placed).

Contracts for the purchase and sale of products through this website are governed by Portuguese Law. Any dispute arising out of or relating to these Contracts is subject to the non-exclusive jurisdiction of the Portuguese courts.

According to law 144/2015, in case of dispute the competent forum will be the CIAB - Center for Information, Mediation and Arbitration of Consumer (Tribunal Arbitral de Consumo)

The consumer may use the European Online Dispute Resolution Platform, available on http://ec.europa.eu/consumers/odr or the following alternative dispute resolution bodies:

1. CNIACC - National Center for Information and Arbitration of Consumer Conflicts Tel.: 213 847 484; Email: cniacc@unl.pt
2. CIMAAL - Centre for Information, Mediation and Arbitration of Consumer Conflicts of the Algarve Tel.: 289 823 135; Email: cimaal@mail.telepac.pt
3. Center for Arbitration of Consumer Conflicts of the District of Coimbra Tel.: 239 821 690/289. Email: geral@centrodearbitragemdecoimbra.com
4. Lisbon Consumer Disputes Arbitration Centre Tel.: 218 807 000 / 218807030. Email: juridico@centroarbitragemlisboa.pt ; director@centroarbitragemlisboa.pt
5. Centro de Informação de Consumo e Arbitragem do Porto Tel.: 225 508 349 / 225 029 791; Email: cicap@mail.telepac.pt
6. Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral Tel.: 253 422 410; Email: triave@gmail.com
7. Centre for Information, Mediation and Consumer Arbitration (Tribunal Arbitral de Consumo) Tel.: 253 617 604; Email: geral@ciab.pt
8. Consumer Disputes Arbitration Centre of the Autonomous Region of Madeira Address: Rua Direita, 27 - 1º Andar, 9050-405 Funchal; Email: centroarbitragem.sras@govmadeira.pt

The provisions of this clause do not prevail over any legal rights of the user as a consumer.

1 – The Cheques-Gift , are available for sale for any amount chosen by the customer.

2 – The Cheques-Prenda, can be purchased only in the physical stores of Perfume Arte.

3 – Gift Vouchers are not convertible, under any circumstances, into cash

4 – If the total value of the product(s)/service(s) chosen is higher than that indicated on the Cheque-Prenda, the difference must be supplemented, by the bearer, with any other means of payment accepted at the Perfume Arte store.

5 – Perfume Arte will not refund any differences, total or partial, in cash, voucher or check, if the value of the product(s) is lower than that indicated in the Gift Cheques.

6 – Gift Vouchers can only be exchanged for products/services in a physical store Perfume Arte

7-the period of validity of the Cheques-Gift as a form of payment, is a maximum of one year from the date indicated in the respective cheque, there being no place for any extension of that period, for whatever reason.

1 – By becoming a Perfume Arte customer, you declare that you authorize the processing of your personal data for purposes exclusively linked to campaigns and actions promoted by the company, access and completion of the Perfume Arte Customer Card.

2 – Whether you are a new customer or are updating your customer profile, you will need to provide two mandatory points of contact (email and/or address and/or telephone number).

3 – By becoming a Perfume Arte customer, you are automatically taking advantage of the Customer Card, where you can accumulate points that translate into virtual discount vouchers exclusively discountable in purchases.

4 – The Perfume Arte Customer Card is unique and non-transferable. Only one customer is associated with each Customer Card.

5 – You can consult the detailed Regulation of the Perfume Arte in www.perfumearte.pt Customer Card.

6 – Personal data will be kept only for the period strictly necessary for the purposes for which they are processed.

7 – The customer expressly declares that the personal data provided to Perfume Arte are accurate and that they will always be updated whenever necessary.

8 – The customer may exercise the right of access, rectification and/or deletion of their personal data and/or opposition in writing, through a letter and/or email addressed to Perfume Arte.

9 – Also in writing, through a letter addressed to the address of Perfume Arte or by email, the customer may request the limitation of the processing of their personal data.

The Seller appreciates the comments and opinions of the users. Please send them through our electronic form.

 

Email: clientes@perfumearte.pt
Website: www.perfumearte.pt