According to the decreed in the Electronic Diário da República (Official State Gazette), Decree-Law No. 24/2014 of 14 February transposes Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 into the Portuguese National legal order, focusing on consumer rights. The law redrafts/reformulates the rules applicable to distance and off-premises contracts.
One of the innovative aspects of this Decree-Law refers to the supplier’s obligation to inform, on his website (in the area dedicated to electronic commerce), the eventual application of restrictions on the delivery of the goods, as well as the payment methods (ways of payment) accepted. The right of cancellation – a right also specified in this Directive – is also foreseen in contracts agreed upon at a distance as well as in those agreed upon outside the commercial establishment (off-premises), with a deadline of 14 consecutive days.
The supplier of the goods (TEAMSTONE, LDA) provides hereunder the customer with a cancellation information form allowing the customer to put this cancellation right into practice. The referred information form is attached to these ONLINE CONDITIONS OF SALE.
Therefore, we ask the user / visitor of this site to carefully read the Privacy and Cookies Policy and these Terms & Conditions of Sale just before making use of the site or just before placing an order. Once a user is, in fact, navigating TEAMSTONE’s site or placing an order he/she will be consenting to these same Terms & Conditions of Sale. Therefore, if the user does not fully agree with the Privacy and Cookies Policy and with these Terms & Conditions of Sale, he/she should not proceed with browsing or use the site www.teamstone.eu.
Being so, it is the responsibility of the user/customer to make a periodic reading and update or whenever the user thinks of using TEAMSTONE, LDA website, since the conditions in force at the time of use of this web page or at the time of validating/confirming an order will be the ones governing the “e-commerce negotiations”.
These Terms & Conditions of Sale are agreed between the company TEAMSTONE, LDA, with head office in Rua do Outeiro, 970, Lote 6 – Zona Industrial – Sector I, 4475-150 Gemunde – PORTUGAL, tel: +351 229 475 761 (Cost of a national fixed-line call in Portugal), e-mail: firstname.lastname@example.org, enrolled at Maia Commercial Registry Office under no. 57514, taxpayer VAT no. PT 506 509 818, with the share capital of 25,000.00 € hereinafter referred to as “TEAMSTONE, LDA”
and between any person or entity wishing to make a purchase through or by means of this website
www.teamstone.eu, telephone, e-mail, mail, hereinafter referred to as “USER/CUSTOMER”.
TEAMSTONE, LDA declares to provide in a clear and comprehensible form the information hereunder,always with the utmost respect for the principles of good faith, loyalty, transparency in all commercial transactions and always protecting the incapacitated and especially the minors.
These online Terms & Conditions of Sale apply to private individuals and /or companies.
The parties agree that their relations will be governed exclusively by the general conditions described herein.
ARTICLE 1 – PURPOSE
The purpose of these conditions is to define the general Conditions of Sale established between TEAMSTONE, LDA and the User/Customer, from the time of ordering to the various services provided by TEAMSTONE, LDA, such as the delivery conditions of the goods and ways of payment. These conditions regulate/set out all the steps necessary to carry out the order successfully between the contracting parties and guarantee the follow-up of the transaction until it reaches the recipient.
ARTICLE 2 – PLACING AN ORDER
The essential characteristics of the items to be acquired by the User/Customer are duly expressed next to the photographs of each item exhibited online.
To finalize the order, the User/Customer must fill in his/her identification data: full name or (company designation), address or head office location, taxpayer number and all the other fields required to complete the “purchase form”.
The User / Customer can make a specific purchase (one-off operation) by filling in the required fields of the “purchase form” (without creating a TEAMSTONE, LDA account), and validate or confirm the purchase at the end of the ordering operation. This form of purchase obliges the User/Customer to fill in the data sheet every time he/she makes a purchase or wishes to order.
The User also has the option of “creating an account”; the process unfolds, in everything, in a similar manner to that described in the previous paragraph. The most significant difference is that the User/ Customer does not have to re-fill in his/her data in case of a new purchase, since he/she has “created his /her TEAMSTONE account”; in which case he/she will simply log in (by entering the email account and password of his/her choice) in future purchases.
By placing an order, the User/Customer expresses his full and complete acceptance of the general Terms & Conditions of Sale, of the prices and of the description of the products /items contemplated in this transaction.
TEAMSTONE, LDA reserves itself the right only to accept orders paid for in advance.
ARTICLE 3 – PRICES
The description of the goods, price and currency are set out on the order page. When ordering any item of this online site, the User/Customer is obliged to make a payment and, upon completing the order, expressly and conscientiously confirms this same obligation.
Prices must be understood in Euros, with taxes and rates included. The prices mentioned online include VAT rate applicable at the time of invoice. Any modification of the applicable VAT rate will be reflected on the items’ prices and in the total amount of the purchase.
The prices and specifications are shown next to each item/ product. TEAMSTONE, LDA declines all responsibility for any errors published online. At the time of the user’s order, any price error that may be appearing on the site due to technical anomalies is not TEAMSTONE’s responsibility. In this situation, the customer is contacted and can choose to accept or cancel the order.
The dispatch/delivery costs or fees will be calculated automatically just before the User / Customer confirms the order; these fees vary according to the place of delivery and the typology of the item ordered.
The total cost (purchase price) to be settled by the customer will be the sum of the cost of the item, the VAT rate and the corresponding shipping/delivery or dispatch fees.
TEAMSTONE, LDA reserves itself the right to change the shipping/delivery costs, as long as the customer is duly informed of these changes under the present Terms & Conditions of Sale.
ARTICLE 4 – DELIVERIES
Orders will be shipped to mainland PORTUGAL and the autonomous regions of Madeira and the Azores and to the following European destinations: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Slovak Republic, Romania, Sweden and the following countries and territories: Albania, Andorra, Belarus, Bosnia and Herzegovina, Ceuta (Spain), Las Palmas, Melilla, Stª. Cruz de Tenerife, Jersey, Aland Islands (Finland) Faroe Islands (Denmark), Iceland, Macedonia, Moldova, Montenegro, Norway, Russia, Serbia, Switzerland, Turkey, Ukraine, Vatican City, Italy.
For other international destinations not mentioned and superior weights to the ones bellow mentioned, the User/Customer should contact TEAMSTONE, Lda.
Hereunder are the Postage / Delivery / Dispatch costs to the mentioned Countries / Territories: CURRENCY: €URO
NATIONAL (Mainland Portugal and Autonomous Regions):
- 50gr – 2Kg = 8,00€
- Postage /delivery/ Dispatch cost of the matress protectors = 13,50€
- Postage /delivery/ Dispatch cost of comforters = 13,50€
- 50 gr – 2 Kg = 22,00€
OTHER NON-EUROPEAN COUNTRIES OR TERRITORIES:
- 50gr – 2 Kg = 35,00€
If the User/Customer resides outside the mentioned delivery zones and wishes a delivery abroad outside the contemplated destinations, the User/Customer should consult TEAMSTONE’s support service. This service will promptly advise the customer accordingly.
Delivery lead times are estimated in working days (Monday to Friday), as follows: mainland Portugal and autonomous regions up to 3 days, Europe up to 5 days and Rest of the World up to 7 days. The delivery deadline is considered from the date of payment approval. The customer will receive an email on TEAMSTONE’s behalf confirming the receipt of order.
Delivery deadlines are for guidance purposes only, meaning that they may vary and be extended depending on the “transportation limitations” of the companies hired or due to Force Majeure motives (matters outside TEAMSTONE’s control) (Article 11). Nevertheless, we can assure you that TEAMSTONE, LDA, will endeavor to comply with the abovementioned deadlines. The waiting time on the customer’s behalf, for the purchased items, will not imply the cancellation of the order nor any indemnification on TEAMSTONE, LDA’s behalf.
TEAMSTONE, LDA will respect the order’s deadline as long as the items are available in stock.
The delivery/dispatch costs/fees are mentioned during the purchase process (as the User/Customer advances in the online ordering process) and are part of the total purchase price to be settled.
The orders will be delivered to:
– Your home or work address – If you are not at the address mentioned on the order form, the transport service will inform you how you should collect your parcel from your local post office.
– In another address – TEAMSTONE, LDA, shall arrange for the goods to be delivered to the address the customer specifies for delivery. It is important that the address is as accurate as possible and clearly stated when ordering.
– Other Destinations – Orders can, eventually, be delivered in other countries (not foreseen in the delivery list). Please contact TEAMSTONE, LDA so that this possibility may be duly considered.
The customer will only own the goods once TEAMSTONE, LDA has received cleared payment for them in full and they have been successfully delivered; until then, TEAMSTONE, LDA will retain title to the goods.
ARTICLE 5 – WAYS / METHODS OF PAYMENT
TEAMSTONE, LDA. suggests the use of the payment methods hereunder
- Credit card, Visa, Mastercard, MB Way
If the User / Customer chooses another payment method, such as the bank transfer, in this case the user has to contact TEAMSTONE, Lda in order to obtain TEAMSTONE’s bank details.
Items not picked up by the customer are not refunded.
If the User/Customer fails to receive the order for any reason when it is already in the delivery process, this does not entitle the customer to any refund.
An item returned by the Customer for any reason that does not imply the exchange for any other item and that was initially paid by credit card or PAYPAL, will be reimbursed / refunded in the same means of payment.
If the User/Customer prefers to point out his/her IBAN (Swift transfer data) he/she will be refunded by the same means (bank transfer). Refunds resulting from EXCHANGE (s) of an item for another will always be made by check.
PLEASE NOTE: Once the respective validation/confirmation at the end of the order is made, this will be considered proof of order and therefore of the purchase, according to the legislation in force.
The validation of the purchase order implies that the user/Customer has acknowledged and expressly accepts these General Terms and Conditions of Sale available for consultation and for the User to be duly informed of his rights and duties before proceeding with any order made through the TEAMSTONE, LDA website.
The data registered by TEAMSTONE, LDA and all validations by the USER /CUSTOMER constitute proof of the transactions between the parties.
ARTICLE 6 – LOSS
In case the order is lost, for duly justified reasons, Teamstone, Lda. is responsible for re-sending the items ordered, at no additional cost to the customer.
ARTICLE 7- EXCHANGES, RETURNS AND CANCELLATION
Items can be exchanged or returned. The client benefits from a period of 14 (fourteen) days, counting from the date the items are received. The exchange of an item ordered for another is only possible if the customer wants another size of the same reference(s), or if the item(s) at stake is defective.
Custom-made or clearly-customized/personalized items cannot be returned. The customer cannot cancel an order of an item(s) made strictly according to the customer’s specifications or manifestly personalized.
In case an item is returned so that it can be replaced for another of a different size or reference, TEAMSTONE LDA reserves itself the right to make alternative suggestions to the customer seeing that the initial item intended/desired does not exist in stock or is out of production.
If the new order has a higher purchase price, the User/Customer will have to pay the difference and pay the remainder before the new order is sent. Only after receiving this remainder will the order be processed. If the new order is of a lower cost, TEAMSTONE, LDA will issue a voucher with the remaining amount for future purchases.
Items must be returned in a sealed package. The returned items must be in perfect conditions, completely and properly packed in the original packaging and without any signs of effective use. The Customer should always send the purchase invoice along with the returned item (s).
The Customer should make the return by courier – CTT mail to TEAMSTONE, LDA, head office address – Zona Industrial da Maia – SECTOR I – Rua Oliveira e Sá, Armazém 6 – 4470-263 Maia – PORTUGAL. In order to return bulky items, the user/customer should contact our customer service for tel. + 351 22 947 5761 (Cost of a national fixed-line call in Portugal), before making the return.
TEAMSTONE, LDA will only be responsible for the return – freight costs/fees in the following cases: if there is an internal error and the product sent does not correspond to the one ordered by the customer, if the product is defective in origin, or if it has been damaged during transportation/delivery. In these cases and prior to the request for collection of the items to be returned, the customer must send proof that justify the return, pointing out the identification of the order number and send this info by e-mail: email@example.com. Each case will be analyzed independently and will be evaluated by the employees responsible for the “After Sales Service”.
TEAMSTONE LDA reserves itself the right not to accept the justifications/reasons presented for the return if they do not meet the requirements/requisites mentioned in article 7.
In case the Customer cancels the order for whatever reason other than those stated above (TEAMSTONE’s internal processing error, defective item or damage during transportation), the Customer will entirely be held responsible for the return – delivery costs or fees and will have to bear them.
The User / Customer will be reimbursed through the same means of payment that was used. In case payment was made through PAYPAL the refund will be made directly on the card and there may be associated transaction costs, which are to be borne by the customer.
The User / Customer may also choose to terminate or cancel the contract, under the legislation currently in force. The purchase price will be reimbursed by TEAMSTONE, LDA within 14 days of the receipt of the returned goods. This same refund must be made through the same means of payment that was used by the customer in the initial transaction. The User/Customer shall, within 14 days of the date on which it has communicated his decision to terminate the contract, return or deliver the goods / items at stake to TEAMSTONE. It is considered that this delivery period is fulfilled if the customer returns the goods before the 14 day period runs out. It is the sole responsibility of the User / Customer to bear the costs of returning the item(s). The customer must handle the item(s) with care in order to be able to return it (them) in perfect conditions of use.
See Annex A – Information form: Customer’s CANCELLATION RIGHT
ARTICLE 8 – PROOF
Any user/customer may purchase or order any item of their liking through TEAMSTONE’s online site without having to register (without the obligation of “creating an online user account”).
The User may proceed in two ways:
– By making a “One-off/time operation”: completing the requested personal data, selecting the payment method and validating/confirming the order.
– By creating an online customer account, proceeding in the same manner as described in the previous paragraph with the advantage of this personal data being registered for future purchases. Being so, the next time the user “shops / purchases” on TEAMSTONE’s online site, he/she just has to log in (using his email and password of choice). Once the customer has completed his purchase and carefully checked his personal data, the final step is validating/submitting the purchase order.
Proof of purchase shall be: the receipt by e-mail of the: “CONFIRMATION OF ORDER” form and “PROOF OF RECEIPT OF PAYMENT” form by the contracting parties.
As already foreseen in Article 5 – The online indication of the bank data and the final validation/confirmation of the order by the Customer, will constitute proof and allow this commercial transaction to be enforced.
This proof is considered to be as valid as a signature and proves the acceptance of all operations carried out on this site.
The registrations made by the User/Customer are proof of the communications, orders and payments produced between the parties.
ARTICLE 9 – WARRANTY & LIABILITY
We warrant that the goods/items are in perfect conditions for sale, meet their technical specifications and are free from defects in material and workmanship at the time of delivery.
Since the moment the Customer accesses the online ordering process and during the entire order process until delivery or subsequent services, TEAMSTONE, LDA, excludes all liability for the inconveniences or damages inherent to the use of the Internet network system; in particular, any external intrusion or the presence of computer viruses, or any case of force majeure so classified by the jurisprudence of the courts, to the extent allowed or previewed in the legislation in force.
All Items sold are described and displayed on the site as accurately as possible. If, despite all precautions, errors occur on TEAMSTONE’s site or are incorrectly displayed in its catalogs, TEAMSTONE, LDA will not be liable for this fact.
ARTICLE 10º – IMPLEMENTING THE CONTRACT
Unless otherwise agreed between the parties, TEAMSTONE must comply with the order within a maximum period of 30 days counting from the receipt of the “Proof of Payment”. In case of non-compliance due to the unavailability of the item or stock breach, TEAMSTONE will inform the User/Customer of this fact and will reimburse the customer of the amount (purchase price) paid, within a maximum period of 30 days from the date it acknowledges this unavailability. In the event of the User/Customer not being reimbursed within the stipulated period, TEAMSTONE shall be obliged to reimburse the customer in double within the following 15 working days.
TEAMSTONE may, however, point out other alternatives to the Customer; an item of equivalent quality and price and provided there is consent on the User/Customer’s behalf, the commercial transaction is successfully concluded.
If the Customer does not agree with the alternative(s) presented and decides to cancel the contract / order, the return-delivery costs shall be borne by TEAMSTONE.
ARTICLE 11 – GROUNDS FOR MAJOR FORCE
(Matters outside TEAMSTONE’s Control)
TEAMSTONE shall not be liable for any events beyond its reasonable scope and / or control, in particular in the following cases:
– Public disturbances, riots, manifestations, invasions, terrorist attacks, threats and/or wars or their preparations;
– Causes that make it impossible to use public or private telecommunications systems;
– Accidents, strikes, failures that make it impossible to use land, sea / river, postal and air transport;
– Any and all natural disasters (storms, floods, fires, seismic and volcanic activities, floods and epidemics);
– Political interventions (with publication of decrees, legislation, norms or restrictions) of any government or public authority.
It should be duly noted that TEAMSTONE will use all the means available to fulfill its delivery obligations and that these will be suspended during the period of force majeure. In order to fulfill its obligations TEAMSTONE will benefit from an extension of time equal to the lasting period of the Force Majeure motive.
ARTICLE 12 – MINORS OF AGE
TEAMSTONE will not sell its items to minors – under 18 years of age.
ARTICLE 13 – PERSONAL DATA PROTECTION POLICY
(See our Personal Data Protection Policy website: www.teamstone.eu)
TEAMSTONE, LDA, is committed to the protection and confidentiality of personal data, and has taken the measures it deems appropriate to ensure the accuracy, integrity and confidentiality of personal data, as well as all other rights that the respective holders benefit from.
The main purpose of this policy is to inform the Customers of the general rules for the processing of personal data, which are collected and processed in strict compliance with the provisions of the personal data protection legislation in force at all times, namely Regulation (EU) 2016/679 of the European Parliament and of the Council, dated 27 April 2016 (“RGPD”).
TEAMSTONE, LDA online store does not automatically collect any personal information from users, thus allowing visitors to browse anonymously. Personal data are only requested at the time of purchase (payment for the items ordered).
ARTICLE 14 – INTELLECTUAL PROPERTY
All elements exhibited on TEAMSTONE, LDA’s site, whether visual or sound, including the underlying technology, are protected by copyright. They are the exclusive property of TEAMSTONE, LDA.
Any user who owns a website and wishes to place, for personal use, on this referred site, a simple direct link to TEAMSTONE, LDA´s homepage – website, must duly request TEAMSTONE’s authorization.
On the other hand, any hypertext link to TEAMSTONE, LDA’s site as well as using the technique of framing or in-line linking is formally and by all means forbidden.
In all cases, any link, even tacitly authorized, should be withdrawn with a simple request from TEAMSTONE, LDA.
ARTICLE 15 – TOTAL AGREEMENT
The present general Conditions of Sale set the grounds for the total agreement between the abovementioned parties.
If one of the clauses/articles of these conditions of sale becomes null and void, by virtue of a legislative, normative or judicial change, this should in no way affect its validity and respect.
ARTICLE 16 – ENFORCEMENT PERIOD
These conditions apply throughout the entire process of the services offered by TEAMSTONE, LDA.
All items in our online store are available within the limit of the stocks presented.
ARTICLE 17 – FILING AND ARCHIVE OF TRANSACTIONS
TEAMSTONE, LDA does not use customer data for any purpose other than internal management of all order transactions validated/confirmed online by customers.
Orders and invoices will be filed away in a reliable, trustworthy and enduring means.
ARTICLE 18 – GOVERNING LAW AND COMPETENCE
These particular Terms & Conditions of Sale shall be governed by and construed in accordance with Portuguese Law. In the absence of resolution by agreement of the parties, any litigation or disputes shall be subject to the exclusive jurisdiction of the Portuguese Courts, to which both parties submit.
Dec.-Law 24/2014 of February 14
ANNEX – INFORMATION FORM on CANCELLATION in accordance with ARTICLE 7 of these Terms & Conditions of Sale:
“The Use /Customer has the right to cancel his/her contract/order within 14 calendar days, without the need to point out the reason for doing so”.
The deadline for putting this right into practice expires 14 days counting from the day following the one the customer acquires (or a third party indicated by the customer, other than the carrier) the physical possession of the ordered item. In order to exercise this cancellation right, the customer must inform TEAMSTONE.LDA, LDA of such intentions – with head office in the Industrial Zone of Maia – SECTOR I – Rua Oliveira e Sá, Armazém 6 – 4470-263 Maia – Portugal, tel: +351 229 475 761 (Cost of a national fixed-line call in Portugal), e-mail: firstname.lastname@example.org, cancelling the agreement/order by means of an unambiguous statement (letter sent by regular or registered courier or electronic mail – email).
It is sufficient that this communication be sent by the User/Customer before the expiry of the 14 day deadline period.
In the event of cancellation:
According to ARTICLE 7 of these Conditions of Sale, payments made by the customer will be reimbursed without undue delay and in any case no later than 14 days from the date TEAMSTONE is informed of the decision to terminate this contract or cancel the order. TEAMSTONE will make such refunds using the same means of payment that was used by the customer in the initial transaction, unless otherwise agreed by the User/ Customer; in any event, the customer incurs in no costs as a consequence of such reimbursement.
TEAMSTONE reserves the right to withhold the refund until it has received and confirmed the status of the returned item.
The User/Customer shall return the goods or deliver them to TEAMSTONE, LDA, with head office in Zona Industrial da Maia – SECTOR I – Rua Oliveira e Sá, Armazém 6 – 4470-263 Maia – PORTUGAL, without undue delay and no later than 14 days from the day TEAMSTONE is informed of such cancellation. It is considered that the deadline is respected if the customer returns the goods before the 14 day deadline period runs out.
The User/Customer must bear the direct costs of returning the goods.