1. Scope and Purpose of the General Conditions of the Store
These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Store by Fonseca Macedo-Contemporary Art with registered office at Guilherme Poças Falcão, 23 [ADDRESS], under the unique registration and identification number of ENI nº 112 899 hereinafter referred to as António Horácio Raposo Fonseca Macedo.
The Service consists of providing, through the www.fonsecamacedo.com
address of access to the Online Store, which, in addition to providing information on a set of products and/or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described here.
The order of products must be made by Users aged 18 (eighteen) years or over (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effect, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Contents
Fonseca Macedo-Arte Contemporânea will do everything possible to ensure that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).
Fonseca Macedo-Arte Contemporânea will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Fonseca Macedo-Arte Contemporânea such as human errors or incidents in computer systems, it is not possible to make any of the products requested by the User. If any product is not available after placing the order, you will be notified by email or by phone. At that moment, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Fonseca Macedo-Arte Contemporânea.
3.1 All products and services sold on the Online Store Fonseca Macedo-Arte Contemporânea are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however Fonseca Macedo-Arte Contemporânea will not be responsible for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors outside its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by the modems, by the connection software or any computer viruses or resulting from the download (download) through the file service infected or containing viruses or other properties that may affect the User’s equipment. If for any reason of error accessing the website of the Online Store Fonseca Macedo-Arte Contemporânea it is impossible to provide the service, Fonseca Macedo-Arte Contemporânea will not be responsible for any damages.
3.3 Data and information queries carried out within the scope of this Service are assumed to be carried out by the User, Fonseca Macedo-Arte Contemporânea declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Fonseca Macedo-Arte Contemporânea will not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it as willful or gross negligence.
3.5 Fonseca Macedo-Arte Contemporânea is not responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as willful or gross negligence, not being responsible for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from of the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to Fonseca Macedo-Arte Contemporânea and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, decisions governmental actions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Fonseca Macedo-Arte Contemporânea that prevent or impair the fulfillment of the obligations assumed.
3.6. Fonseca Macedo-Arte Contemporânea does not guarantee that:
i) the Service is provided uninterruptedly, is secure, error-free, or runs infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to the same;
iii) any material obtained in any way through the use of the Service is used at the User’s own risk, who are solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Fonseca Macedo-Arte Contemporânea cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User about the possibility of such damages occurring), resulting from:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute for goods/services;
iii) unauthorized access or modification of personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and Fonseca Macedo-Arte Contemporânea declines any responsibility. In the event that the consumer violates any of these obligations, Fonseca Macedo-Arte Contemporânea reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Fonseca Macedo-Arte Contemporânea to the same User; and, also, not allow the User’s future access to any or any services made available by Fonseca Macedo-Arte Contemporânea.
4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
5. Privacy and Protection of Personal Data
5.1. Fonseca Macedo-Arte Contemporânea guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory is essential for the provision of the Service by Fonseca Macedo-Arte Contemporânea. The omission or inaccuracy of the data provided by the User are their sole and entire responsibility and may give rise to the refusal to provide the Service by Fonseca Macedo-Arte Contemporânea.
5.3. The User’s personal data will be processed and stored by computer and are intended to be used by Fonseca Macedo-Arte Contemporânea within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND ACCORDING TO THE COMPANY’S PURPOSE IN CONCRETE
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes set out in previous number, and for this purpose, contact the entity responsible for the processing of personal data: António Horácio Raposo Fonseca Macedo].
5.5. The Internet is an open network, so the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties to the effect, and Fonseca Macedo-Arte Contemporânea cannot be held responsible for such access and/or use.
6. Order cancellation
6.1 At the User’s request
The User may cancel his order by requesting it to Fonseca Macedo-Arte Contemporânea through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed.
For the purpose of cancellation, the User must provide the following data to Fonseca Macedo-Arte Contemporânea:
a) Order number
b) NIF with which you placed the order and delivery address
6.2 By decision of Fonseca Macedo-Arte Contemporânea
6.3. If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT Receipt that proves that the order has been sent.
Fonseca Macedo-Arte Contemporânea reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Fonseca Macedo-Arte Contemporânea reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these arise from technical problems or errors beyond the control of Fonseca Macedo-Arte Contemporânea.
7. Intellectual Property
7.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Fonseca Macedo-Arte Contemporânea.
7.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
7.3. The User acknowledges that any content appearing in advertising, featured, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of these contents may only occur under the express authorization of the respective owners.
7.4. The User undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public or any other unauthorized acts that have the same contents as their object.
8. Service Security Conditions
8.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Fonseca Macedo-Arte Contemporânea suspending or deactivating the Service under the terms set out in point 14.
8.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible of use by several users, and as such, subject to computer overloads, so Fonseca Macedo-Arte Contemporânea does not guarantee the provision of the Service without interruptions, loss of information or delays.
8.3. Fonseca Macedo-Arte Contemporânea also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to Fonseca Macedo-Arte Contemporânea and which cannot be controlled by it).
8.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Fonseca Macedo-Arte Contemporânea undertakes to regularize its operation as soon as possible.
9. Suspension and deactivation of the Store Service
9.1. Regardless of any prior or subsequent communication, Fonseca Macedo-Arte Contemporânea may, at any time, and in its sole discretion, discontinue providing the Service and/or part of the Service to any or all Users.
9.2. Fonseca Macedo-Arte Contemporânea also reserves the right to suspend or immediately terminate access to the Service, in the following cases:
a) When the User does not observe the conditions of use mentioned in point 4 and others mentioned in the General Conditions;
b) When Fonseca Macedo-Arte Contemporânea terminates access to the Store, upon prior notice 15 days prior to the termination date.
9.3. The suspension or termination of the Service by Fonseca Macedo-Arte Contemporânea, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, and [NAME] cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
9.4. In the situations described above, Fonseca Macedo-Arte Contemporânea will notify the User in advance so that he can, if he wishes, safeguard the content of his order viewing area within 3 (three) business days from the sending of the e-mail. or making information available on the main page of the Service.
10.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact.
10.2. The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone number and/or email address (“email”) indicated in the ordering process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the option “Do not receive the Newsletter” registered in each Newsletter.
11. Technical Settings
11.1. Without prejudice to the provisions of the following number, Fonseca Macedo-Arte Contemporânea may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) in advance. days.
11.2. The current version of these General Conditions and their annexes is available on the www.fonsecamacedo.com website.
12.1. Whenever Fonseca Macedo-Arte Contemporânea deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
12.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Fonseca Macedo-Arte Contemporânea may change the technical configurations of the Service whenever this proves to be convenient to adapt it to possible technological developments.
12.3. Fonseca Macedo-Arte Contemporânea does not, however, guarantee the User any upgrades or improvements to the Service.
12.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription, by the User, of Specific Conditions of Use.
13.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Fonseca Macedo-Arte Contemporânea of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
13.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of Fonseca Macedo-Arte Contemporânea which must decide the complaint and notify the interested party within a maximum period of 30 ( thirty) days from the date of receipt.
14. Applicable Law
The Contract is governed by Portuguese law.
15. Shipping costs
15.1 The cost of shipping is calculated according to the weight of the products, destination and the total value of the order.
15.2. The cost of shipping is indicated in the shopping cart before the final validation of the order, in the case of deliveries to mainland Portugal.
For deliveries outside mainland Portugal, the total shipping price is calculated after the customer’s order confirmation to the email email@example.com