1. INTRODUCTION
These Terms and conditions govern the use of this website and settle an agreement between both parties.
These Terms contain all users (The User) rights and obligations, on one hand, and Brane´s Commerce and Import, Inc., owner of PEDRA DURA stores("we" / "our" /"The seller"), on the other hand, concerning the goods and services available on this website and on any other website for which there is a link, from now on named as “services". We encourage you to read these Terms and Conditions as well as the Confidentiality Statement before you press “Authorize Payment" when placing an Order. If you do not agree to these terms, please do not use this site.
If you have any questions or concerns, please contact us through the electronic formulary at: Brane, Commerce and Import, Inc., under the brand PEDRA DURA, offices in Armazém Christel Peitz, Estrada de Polima, Abóboda, 2785-543 São Domingos de Rana, Portugal. Our tax registration number is 502.281.081.
2. THE USE OF THIS WEBSITE
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in case of previous written acceptance of the Seller. By using this site, you signify your agreement to the Terms and Conditions with no reservation. These terms are important for both parties, for they protect the rights of the “User”, as the costumer, as well as our rights as the “Seller”, bounded on a juridical valid agreement.
The user accepts that:
You may only use this website to operate legitimate Orders and consultations.
False, speculative or fraudulent Orders are not allowed. If the Seller has reasonable motifs to believe some Order is fraudulent, he has the right to cancel it and inform the Authorities.
You should provide the Seller a correct and complete e-mail address or post address, so that he may contact you, in case of need (see Confidentiality Statement).
If you don´t provide us all the necessary information, you may not be able to place your Order.
(The User) declare you have over 18 years old and have legal capacity and competence to sign a contract.
3. SERVICE AVAILABILITY
Some of the products on this website are only available for the national territory and others are also available for foreign territory, although that availability is properly identified.
4. FORMATION OF CONTRACT
Information contained on these Terms is not a sale proposal, just an inviting to negotiation. No contract will be settled between the Seller and The User unless your Order has been accepted by the Seller (independently of a charge operation has taken place on the Users account). If the order is not accepted, after a charge operation, the User will be repaid for the price he paid.
To the placement of the Order you must follow the on-line buying procedures and then press “Authorize Payment". After that you will receive an e-mail confirming the Seller has received you Order (Order Reception Confirmation). You must be aware that doesn’t mean your order has been accepted. The Order settles a buying proposal for one or more of our products. Every Order is submit to the Sellers acceptance, and the sending of the product will be confirmed via e-mail (Sending Confirmation).
The transaction (contract) between the User and the Seller will only be formalized with the “Sending Confirmation”.
The Contract is only valid for the products mentioned on the “Sending Confirmation”. The Seller is not compelled to supply any products that are not mentioned in the Order, until they have been submitted to another“Sending Confirmation”.
5. PRODUCT AVAILABILITY
Any Order for products is subject to its availability, and in case of some difficulties concerning the supplying, the Seller may inform the User of alternative products, about the same quality and price (or higher price), so that the User may have a buying option.
In case the User does not want to order some alternative products, he shall be repaid for the price he paid.
6. ORDER REFUSAL
The Seller reserves the right to, by his own criterion, change, modify, add or remove material or contents on this website at any time. Despite the Seller´s best efforts in attending every Order, he reserves the right to refuse an Order, under certain circumstances, even if there is already an” Order Reception Confirmation”.
The Seller cannot and will not be liable before the User or a third- party, for the withdrawal of products on this website, for changing or removing any materials or contents on this website, nor for refusing proceeding with an Order or accepting any Order, independently of an “Order Reception Confirmation”.
7. "COOLING OFF"
The User, as a Consumer, may freely cancel the contract within fifteen days after the delivery. In this case, the User will be refund for the price of the products. Please see how you may return an item you purchased from us on clause 12 -“Returns Policy,”.
This User’s right of “Cooling Off” is conditioned to products being returned on perfect and unused conditions, including all documents and original package materials. A product that has been damaged (after delivery) or that shows any signs that it has already been used will not be refund. For that reason, the User must be very careful handling the product he wants to send back to us.
More detailed information about the “Cooling Off” on any “Sending Confirmation”. No right shall be prejudiced in consequence of this clause.
8. DELIVERY SERVICE
In case they are available (see clause 5 above), the Seller will make every efforts (unless exceptional circumstances occur) to deliver on time all products mentioned on a “Sending Confirmation”, and if there’s not a time limit or a delivery date, within 30 days after the “Orders Reception Confirmation”.
Possible reasons for delay include:
- Personalised products
- Specialised Products
- Exceptional circumstances, or
- Delivery Area
If for any reason the Seller does not deliver the product on time, the User will be notified and will be given the possibility to maintain his Order, extending delivery dates, or to cancel it and be refund.
To all purposes, a product is considered delivered immediately after the delivery receipt has been signed (on the right address).
9. RISKS AND PROPERTY
The risk of loss for the items purchased pass to you upon the delivery.
With the payment to the Seller, including shipping expenses and any other expenses made after the delivery (see clause 8), the product becomes User’s property.
10. PRICE AND PAYMENT
Except in case of evident error, the list price displayed for products on our website is valid on each moment.
Despite our best efforts, there may be errors and some number of items in our catalogue may be mispriced.
If any error is detected, the Seller will immediately contact you for instructions before shipping, giving you the option to maintain the Order at the right price, or cancel your the Order an notify you of such cancellation.
The Seller is not compelled to sell a mispriced item, even if a “Sending Confirmation”, has been sent, when such error is notorious, unequivocal and the User could have known the error, in reasonable circumstances.
All prices on this website include VAT (Value Added Tax), but do not include shipping costs, which will be added to the final price, according to our “Delivery Costs Guide”.
All prices may be changed at any time, but it will not affect the deliveries that have already been confirmed by a “Delivery Confirmation”.
When the User has finished purchasing, all the chosen products will be put in his Shopping Cart; after that he should proceed to Checkout and Pay. The User must follow these steps:
1. Press "Add to Shopping Car" button on the page
2. Press “Confirm” button
3. Fill in information such as your Contacts, Order, Delivery address and Billing address.
4. Fill in your credit card data
5. Press "Buy Now" button
You can use your credit card for payments. In order to reduce the possibilities of unauthorized access, your credit card data will be encrypted. Payment authorization should be given when you place the Order. However, there will be no charge on your credit card until your Order has not entered the shipping process.
When pressing "BUY NOW" button, the User confirms he’s the holder of the credit card.
To ensure the safety of the payment, the Seller uses “Verisign”. Credit cards are submitted to verification, validation and authorization by issuers. If an issuer does not authorize a payment, the Seller cannot be hold responsible for any delays and may not contract with the User.
11. VAT (Value Added Tax)
According to the rules and legislation, all purchasing on this website are subject to Value Added Tax (VAT), except those which are delivered on Canary Islands, Islands, Ceuta and Melilla.
According to chapter I, title V of the counsel Directive 2006/112/EC 28th November 2006, regarding the common regime of VAT, the place of supply is considered to be the Member State place of delivery ; the applicable VAT will be the one in force on this Member State.
According to the rules and regulations in every jurisdiction, the “Reverse Charge" rule (article 194 of the Directive 2006/112) is applicable to products supplied in some Member State of the European Union, if the consumer is subject to VAT.
In this case, the Seller will not pay off VAT, subject to confirmation by the receiver of the product that this tax will be paid off by the product´s consumer, accordingly to the "Reverse charge" rule.
All supplies to Canary Islands, Ceuta and Melilla, are exempt from VAT (146 of the Directive above) however, they must pay taxes and import duties.
12. RETURNS POLICY
General Rule
If the user wishes to cancel the Contract, under clause 7 above, he should notify the Seller through the electronic formulary. He should promptly return the product (at his sole risk) to the address on the formulary and must pay for the return costs. If the Seller pays for these devolution costs, he has the right to charge the User. If any doubt or dispute should arise, you may contact us through the formulary.
Replacement or Return of the Product by hand in a PEDRA DURA store: If there is a PEDRA DURA store on the country or residence area of the delivery, the User that wishes to send the product back, can do it by hand, at his sole risk, on a PEDRA DURA store, along with the bill/ invoice.
Whenever it’s possible, the original package, materials and documents must come along with the product.
The Seller will check the product, and will e-mail the User informing about refund. Every refund will be done on the credit card used on the purchase of the item. However, the User is liable for the costs and inherent risks, as we said before.
There will be no refund if the product is damaged, not in the same conditions as it was when the User purchased it, or when it shows any signs of being used, beyond the opening of the package.
No rights resulting from the law shall be prejudiced in consequence of these rules.
Defective products
Upon delivery, if the User feels that the product he purchased is not accordingly to the contract, he should promptly contact the Seller through the electronic formulary, and notify the Seller about the defects found on the product.
The product may be sent back to the address on the bill/invoice, or handed over on a PEDRA DURA store on the Country or residence area of the delivery.
The Seller will check the returned product, after which he will notify the User via e-mail about his possible rights: the replacement of the product or refund of the price. Any of these procedures will be done within 30 days after notifying the User.
Defective products which are sent back to the Seller, in case they are confirmed, will be totally refund to the User, including shipping and return expenses, through the card that has been used on the purchase of the product.
No rights resulting from the Law shall be prejudiced in consequence of these rules.
13. RESPONSIBILITY AND EXCLUSIONS
The Seller’s responsibility for any product purchase through this website is limited to its purchase price.
None of these Terms exclude or limit the Sellers responsibility
a) For death or personal injury caused by negligent behaviour of the Seller;
b) For fraudulent or erroneous information;
c) Concerning any issue to which exclusion or limitation of responsibility, or his attempt, is considered illegal.
To the maximum extent allowed by applicable law, in no event shall the Seller be held liable for any damage arising for indirect, consequential loss or damage of any nature, even due to negligence, for instance:
(i) Loss of income or gain;
(ii) loss of business;
(iii) loss of results or contracts;
(iv) lLoss of profits;
(v) loss of data or activity hours.
Due to the open nature of this website and the possibility of occurring error when storing and transmitting digital information, the Seller will not be liable for any inaccuracy concerning product descriptions, or any other content.
Informations and materials available on this website have no express or implicit warranty.
To the maximum extent allowed by applicable law, the Seller does not assume any warranty, however, that does not imply any exclusion of responsibility that may be considered illegal.
Our products (including manufactured ones) often assume the characteristics of the material used in its composition. Natural characteristics like, for instance, grain, texture, knots or stitches and colour’s variants, cannot be considered defects. These variants on natural characteristics should be expected and appreciated by the Client. The Seller exclusively selects high quality products, but natural characteristics are inevitable and should be accepted as being part of the unique nature of the product.
No rights resulting from the Law shall be prejudiced in consequence of this clause.
14. COPYRIGHT
The User acknowledges all contents of this website are Brane´s, Commerce and Import, Inc. rights reserved. Our logo, trademark and other marks that appear throughout this website belong to the Seller, and its content suppliers. Seller must give express authorization for the use of any of this material. However, the User may obtain a copy of his order or of the contract.
15. WRITTEN COMUNICATIONS
Applicable legislation demands some information from the Seller to the User should be written. Making use of this website the User accepts that communication between him and the Seller will be mainly through e-mail. The Seller will contact the User by e-mail and send information by posting warnings on this website. The User accepts this means of communication and acknowledges that any contracts, warnings, information and other communications received from the Seller by electronic means meet the legal requirements.
No rights resulting from the law shall be prejudiced in consequence of this clause.
17. COMMUNICATIONS
Every communications from the User to the Seller must be send through electronic formulary or e-mail.
Without prejudice to clause 15 above, the Seller may communicate with the user by e-mail or other electronic support (SMS) to the address mentioned on the Order.
Every communication will be considered received by the time it´s inserted on the website, 24 hours after the sending off an e-mail
18. TRANSMITION OF RIGHTS AND OBLIGATIONS
The contract between the User and the Seller bound both parties, their successors and transferees.
The User may not transmit, assign, or charge his position, or by any means dispose of the contract, rights or obligations, without written previous consent from the Seller.
The Seller may transmit, assign or charge his position, sub-contract or dispose the contract, rights or obligations, at any time. However, the transmition, assignment or charge of that position, disposition of the contract, may not limit the User´s legal rights as a consumer, or else limit some warranty given by the Seller.
19. EVENTS OUT OF THE SELLER`S CONTROL
The Seller will not be liable for non- execution of the Contract or delay on performing the contract, due to an event that has occurred out of his reasonable control -“ Event of force majeur”.
An “Even Force Majeure” is any irresistible compulsion or coercion, unforseeable event, act or omission, out of reasonable control of the Seller and includes, particularly (but not exclusively) the following:
a) Strikes, lock-outs e other labour action.
b) Civil commotions, riots, invasions, terrorist attacks or threats, wars or threats of war.
c) Fires, explosions, storms, floods, earthquakes, epidemic or any other natural disaster.
d) Impossibility of using the railway, maritime, air or road transportation and other public or private transportation.
e) Impossibility of using public or private nets of telecommunications.
f) Laws, decree, regulations Government restrictions.
g) Any strikes, interruptions or accidents that affect important postal or transportation services.
In any of those cases, the Sellers obligations will be suspended for the period the event takes place, and consequently there will be an equivalent extension of the time limits of the contract. The Seller will make every effort to find solutions that will permit the maintenance of the contracts.
20. RENOUNCE
At some point of the contract, in case the User fails to some of his obligations, and the Seller does not claim the performance of the contract, that does not mean he renounces his legal rights. The User will still be liable to comply with his obligations.
The Seller’s renounce to claim a right in a certain situation, does not mean a renounce to his rights on a subsequent situation.
A renounce to any rights arising from the contract must be written, contain an express renounce, and be sent to the User to be effective.
21. REDUCTION
Declaration of invalidity, illegality or nullity of any of these clauses by some Authority, shall not affect the validity and enforceability of any remaining condition.
22. AGREEMENT
These Terms settle a Business Agreement between the parties, concerning the formation of a contract, and prevail over any other, oral or written, previous agreement.
Both parties recognize that none of them based his motivation in some statement, commitment or promise made to one another or that should be implicit in something they said or wrote in previous negotiations to the contract. None of the parties can take advantage of a previous false declaration by the other (except in case of fraud), and can only recourse to the present rules for the non execution of the contract.
23. MODIFICATION OF TERMS
These Terms and Conditions can be amended by The Seller at any time. The User is subject to the clauses and rules in force by the time he made the Order, except any amendment by any Authority occurring to these Terms or to the Declaration of Confidentiality.
24. APLICCABLE LAW
The contracts for purchase of goods through this website are governed by the Portuguese Law. Any dispute related to those contracts is subject to non- exclusive jurisdiction of the Portuguese Courts. This clause does not prevail over any legal rights of the User as a consumer.
25. COMMENTS
The Seller would like to know user’s comments and opinions. Please send them through our electronic formulary. Any comments or claims may also be sent by e-mail at: info@pedradura.net
PEDRA DURA Shops
Brane, Commerce and Import, Inc.
Armazém Christel Peitz, Estrada de Polima, Abóboda
2785-543 São Domingos de Rana
Tel. +351 21 440 68 69
Fax +351 21 443 70 96
E-mail: info@pedradura.net
26. NOTICES
Upon presentation of sales receipt/invoice we accept item exchange (within 15 days) and after-sales assistence.
Second exchanges are not allowed or refunds in cash.
In items purchased with promotions equal or greater than 50% and/or fixed price, we do not accept item exchange or after-sales assistence.