1. Terms & Conditions and General Conditions of sale
1. Introduction
The online sales website ocesto.com.pt (hereinafter referred to as website or online store) is an online sales / e-commerce website developed and operated by O CESTO ARTESANATO, headquartered at Rua 5 de Outubro nº77, 7000-854 ÉVORA, Portugal, hereinafter referred to as O CESTO ARTESANATO. All persons wishing to make purchases on this site, declare to be of legal age and have legal capacity to do so. For any purchase made on this site, the user is considered to have read and accepted this document of Terms and Conditions of Use and General Conditions of Sale. This document will always be available online at www.ocesto.pt and can be consulted freely and at any time, even without being registered on the website. O CESTO ARTESANATO reserves the right to modify the present general conditions of sale at any time
2. Purpose
The present Terms and Conditions of Use and Generic Conditions of Sale determine the rights and obligations of all parties involved in the online purchase and sale process of the items available on the website, that is, O CESTO ARTESANATO and the person who buys it, hereinafter referred to as User
3. Registration and contact with the User
In order to proceed with the purchase process, the User of the site must register. During the registration process you will have to provide some personal information. All contacts with the User will be made to the email address that he entered during his registration process. Unless otherwise specified, orders will be sent to the address that the User entered during his registration process. Therefore, the User must do everything possible to keep his personal data up to date. The User is entirely responsible for the veracity and validity of the information provided, rejecting O CESTO ARTESANATO, from now on, any responsibility for the possible use of erroneous or inappropriate information about reality. The data for accessing the site will be sent to the email address that was used when registering on the site. If you do not receive the email with the access data, we recommend checking the SPAM folder of your email.
4. Products and Prices
4.1. Products
WE ASK OUR CUSTOMERS ATTENTION TO THE FOLLOWING: Most of our products are made by hand, which gives it a unique and exclusive character. Especially in cork and ceramic products the patterns and colors may differ from those shown in the image.
The products made available for sale on the website are those that the User is able to view during the consultation of the website, with the exception of those that are indicated as “Product Unavailable” and except for any unexpected stock outage. In the latter case, if the user has already placed any order, he will be informed of the eventual unavailability of any article. This information will be given no later than the date of actual dispatch of the order. In the case of an order that has already been paid, O CESTO ARTESANATO will refund the User in the amount paid for items not available under the terms indicated in 8.3.3. The fact that a product is shown on the website does not imply that it is available for sale; therefore, O CESTO ARTESANATO does not assume any obligation to make it available. O CESTO ARTESANATO cannot be held responsible for any damages or losses caused by the possible use of the delivered products. The prices and specifications of each reference may change without notice.
4.2. Price
Except where expressly mentioned, the prices indicated on the website are in Euros and apply to a pre-defined territory that may correspond to the Country or Region that the User indicated at the time of registration. This price already includes VAT at the legal rate in force in Portugal on the day of purchase. O CESTO ARTESANATO reserves the right to change the price of any product at any time and without prior notice, and cannot assume any differences that the User may claim as a result of this change. Except for any error resulting from the introduction of the values on the website, which may be detected, the sale price of a product will be the unit price indicated at the time of registration of the purchase. In the event of an error as mentioned, O CESTO ARTESANATO is responsible for notifying the User of any differences and the user has the right to cancel or modify his order or to proceed with it taking into account the correct prices that have been transmitted to him, not being given the right to purchase the product for the price that would be wrongly indicated.
The price indicated for each item does not include the cost of transport and packaging. These costs will be indicated during the ordering process. Shipping costs will be explained in more detail in paragraph 6.1 of this document. The User is fully responsible for the payment of fees, expenses, taxes or other amounts required by the authorities of the country where he is located and where he has requested the delivery of his order. In no case, these amounts will be considered in the amounts payable to O CESTO ARTESANATO.
5. Website navigation, orders, order registration and payment
5.1. Site navigation
The User can freely browse the site even without being registered on it and, in doing so, does not incur any obligation to place any order. Only Users registered on the site will be able to place orders as mentioned in point 3. For these users, browsing the site is also free and without the commitment to place any order.
5.2. Orders Registration
To register an order, the User must have one or more items in the shopping cart and after accessing it, he must choose the option “Proceed to Order”. Before selecting to place the order, you can still remove or add items from the shopping cart. In the next step, you must choose the delivery method and the payment method, as well as any discount you may have (points, promotion voucher, exchange voucher…). At this stage, the shipping cost will be added to the order automatically calculated, as described in 6.1.
5.3. Payment of Orders
The User can choose to pay by Bank Transfer or Paypal.
5.4. CheckoutWhen you select the option “Complete the Order” the order will be registered and confirmed in our system definitively. Before doing so, you can go back and modify your order, the form of payment or delivery, but after “Finalizing the Order” it becomes definitive and it is not possible to change it. The User will immediately receive an email confirming the registration of the order and showing its details, namely: ordered items and respective prices, shipping costs and applicable payment and discount rates. The order will be archived by O CESTO ARTESANATO automatically and / or physically for the simple purpose of registering the orders placed and their processing. This order serves as proof of the contractual purchase and sale relationship established between the User and O CESTO ARTESANATO.
5.5. Order confirmation
All orders will be confirmed by O CESTO ARTESANATO with the sending of a second email that reflects any changes to the order, due to the lack of an item, and which will also inform how the User can proceed with the payment of the order.
5.6. Order cancellation or change
Any order can be canceled at no cost to the User within 24 hours after Order Registration as described in 5.2. The cancellation or alteration of the order must be made to the email o.cesto@hotmail.com or any other that O CESTO ARTESANATO may indicate.
6. Calculation of Shipping and Delivery of Orders
6.1. Shipping costs
Shipping costs are calculated automatically and will be supported by the User. This value can be changed without prior notice due to changes introduced in the services used by O CESTO ARTESANATO, revision of price lists or errors in the calculation of the same.
Likewise, if any changes are made to the order taken by O CESTO ARTESANATO or requested by the User, this value will be recalculated and changed if the new value is different from the one initially considered.
6.2. Delivery Methods
The delivery service will be provided by entities external to O CESTO ARTESANATO and were selected in order to guarantee a rigorous and quality service. When registering the order by the User, the existing options for that order will be automatically presented, indicating the amount to be paid and the estimated delivery time.
6.3. Delivery time
The estimated time for delivery of the order varies depending on the type of item. If the selected product is not available for immediate shipment, the customer will be informed of the new delivery date. This time is provided by the corresponding service provider and, in no case, O CESTO ARTESANATO may be held responsible for any delay verified or eventual delivery before the scheduled time
6.4. Delivery of the order
Orders will be delivered to the address that the User indicated during the registration process on the website or, if he used this feature, to the address that was indicated as an alternative delivery address during the ordering process. Any permanent change of address will have to be made by the User by updating his registration data. As already mentioned, O CESTO ARTESANATO will not be responsible for damages caused by the existence of incorrect data in the User form. O CESTO ARTESANATO always recommends choosing a delivery address where someone is to receive the order during normal working hours
7. Personal data
7.1. Collection of Personal Data
The personal data collected during the registration process on the website are strictly necessary for the User to be recognized, to be contacted and for us to provide a personalized service. The data will also be used for the processing of orders and for us to contact the User in case of need. Your personal data is extremely important, so O CESTO ARTESANATO recognizes the importance of protecting them, whatever their nature. For this reason, we have developed a set of security measures aimed at protecting them.
7.2. Use and Security of Personal Data
The user, when registering or purchasing online, expressly guarantees to O CESTO ARTESANATO his consent to use his personal data and address, as well as the data relating to his purchases and payment methods. These data will be stored and processed by computer, and can be used for communication purposes that reinforce and personalize the offer of products, services, promotional or advertising campaigns or for order processing. O CESTO ARTESANATO guarantees its Users that it does not rent or sell its data to third parties, so all information is confidential and used only by O CESTO ARTESANATO, except in situations that derive from legal imperatives.
All information provided during registration will be used to:
– Process, complete the data and deliver your order, as well as to notify you about the status of the same.
– Ensure that the User Support Service can contact you to answer questions and situations of interest or to communicate new advantages or promotions. In O CESTO ARTESANATO, access to your information is restricted, being carried out to satisfy your order, from payment, delivery channels to support to the User.
Even though all possible precautions for the protection of User’s data have been developed, O CESTO ARTESANATO cannot be held responsible for any act that does not result from its own negligence.
In situations of misuse of the website and regardless of the legal procedure that may be applied, O CESTO ARTESANATO reserves the right, namely, to cancel the user’s registration, remove orders and any other type of user content.
7.3. Update of Personal Data
The User is solely responsible for updating and validating the personal data collected and must, when justified, log in to the website and rectify the data that need updating.
8. Cancellation, return of orders and exchange of articles
8.1. Order Cancellation and Return
The User can cancel his order if, within 24 hours, send an email to o.cesto@hotmail.com or to another email that O CESTO ARTESANATO may indicate, expressly expressing this intention.
Upon receipt of the order, the User has 14 days to resolve the purchase and sale contract entered into on the website (total or partial return of the order), and must notify O CESTO ARTESANATO by email (o.cesto@ hotmail.com) or registered letter with acknowledgment of receipt, sent to the address indicated in point 8.2., with the need to indicate the reason for the exchange.
(According to Dec. Law 143/2001 of 26 April with amendments by Dec. Law 82/2008 of 20 May)
8.2. Return Procedure
The User must send the items he intends to return to O CESTO ARTESANATO, considering the following address: Rua 5 de Outubro nº77, 7000-854 ÉVORA, PORTUGAL
The exercise of the right of withdrawal (return of articles) must respect the following conditions:
– Return of articles in proper conditions of use;
– Return of items with all labels, including price or bar codes;
– Return of items in original packaging in perfect condition, with all manuals and accessories included;
– Restitution of articles without having been used;
– Products must be returned within a maximum of five days from the date of receipt of the order, accompanied by the respective proof of purchase;
– The costs of returns, except in cases duly recognized by O CESTO ARTESANATO, will always be borne by the User. That is, the amount of postage and fees paid by the User on receipt of the order and the amount you have to pay to return it.
– Indicate O CESTO ARTESANATO by which of the modalities indicated in 8.3 you want to choose to regularize its return.
8.3. Return Result (Exchange, Voucher Issue or Refund)
Having the User proceeded with the partial or total return of an order, following the rules indicated in 8.2, he may choose one of the following ways to resolve the purchase and sale contract and close the return process:
8.3.1. Return for exchange for another item
If, when making a return, the User intends to exchange the returned items for other items, he must mention his intention when communicating the return intention by email, clearly indicating which items he wants to receive in return. In this case, in addition to supporting the initial delivery and return charges, the User must also bear the shipping costs for new items. In the event that the value of the returned items is different from the value of the items sought in exchange, the differences will be rectified as follows: if the returned items are of less value than those requested in exchange, the User must pay the difference, if this value is higher than the items requested in exchange, the User can choose to return the difference by choosing the issue of a voucher as indicated in 8.3.2 or the refund as indicated in 8.3.3;
8.3.2. Return for voucher issuance
When making a return, the User may choose to issue a voucher in the value of the returned items that can be used within a maximum period of 90 days after its issue in new purchases made on the website;
8.3.3. Return for refund
The User may also request that a refund be made corresponding to the value of the returned items. In this case, CESTO ARTESANATO undertakes to reimburse the amount, subject to the appropriate adjustments, if applicable in accordance with point 8.4, using, whenever possible, the same route through which the payment was made and within a maximum period of 30 days from the receipt of the articles in accordance with point 8.2;
8.4. Adjustments to the amount of refunds
Whenever the return of one or more items, which have been acquired with a discount attributed based on the value of the purchase, implies that the minimum limit of the purchase value for attributing that discount is no longer met, the amount to be refunded will be adjusted proportionally depending on the amount that was actually paid
9. General information about the website and Copyright
All content on the site is the property of O CESTO ARTESANATO and may not, under any circumstances, be reproduced, transferred, distributed or stored without prior written authorization
The photos presented for each product may not represent with total fidelity to your reality regarding colors, shapes or details.
O CESTO ARTESANATO is not responsible for the measures determined by the customer, for the choice of product size.
O CESTO ARTESANATO does not assume any responsibility for the misuse of any product, nor for the consequences that may arise from it.
10. Final Notes
Any request for clarification, suggestion or complaint should be addressed to O CESTO ARTESANATO, by telephone +351 266 703 344 or by email to o.cesto@hotmail.com, or the postal address below:
O CESTO ARTESANATO
Rua 5 de Outubro nº57A e nº77
7000-854 ÉVORA
Portugal