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Terms and Conditions


1 – General Information and Scope

The present Terms and Conditions rule the access and use of the website www.porventura.pt of PORVENTURA responsibility, a registered trademark, propriety of FGV Design de Mobiliário, Lda, (hereafter named PORVENTURA), VAT Number PT 510560636, with head office at Rua Professor Hugo Correia Pardal, Loja 3, 6000-267 Castelo Branco, PORTUGAL, telephones +351 211 935 240 and +351 937 668 339, electronic address info@porventura.pt, by any user; as well as the supply conditions of the products that shall be purchased, by the Buyer, through this website or directly at the PORVENTURA shop, located at Rua Prior do Crato, nº 1 D, 1350-259, in Lisbon, PORTUGAL, or from afar.

Any legal enquiries referring the website may be consulted in our Privacy and Data Treatment Policy, associated to these Terms and Conditions.

The use of this website, exclusively for promotion and online sales of the PORVENTURA products implies the knowledge, comprehension and acceptance of the present Terms and Conditions. By gaining access to the website, the user admits and accepts that its content may be incomplete, imprecise, not updated or mistaken, may not satisfy the user’s needs and requirements, and he/she shall not use this website in a fraudulent way.

The present update of the Terms and Conditions comes into force on the date of its publication on the website and applies to the orders received as of that moment.

The products presented on the website may be replaced or discontinued at any given moment, without previous notice. They all comply with the Portuguese legislation.

PORVENTURA is not liable in the cases of law violation in the country of delivery. It is the Buyer’s responsibility to check the import and product use conditions with the local authorities.

PORVENTURA adopted the adequate technical and organizational measures to safeguard the services provided through the website, to assure the digital data’s integrity related with unauthorized forms of use and knowledge, and to avoid the dissemination, destruction or loss of confidential and non-confidential data of its users, comprised on the website.

PORVENTURA cannot ensure that the website is free of virus or any other element that may negatively affect the technology in use.

The access to the website shall be continuous. Nonetheless, it may be necessary to suspend, limit or interrupt it at any given moment, regardless of the motive.

If the website displays links to third parties’ websites or its contents, these are aimed for exclusively informative purposes of the user’s convenience, therefore PORVENTURA will not be liable for their content and veracity nor for damages or losses resulting from their use.

2 – Industrial propriety rights

The website and all its content, including articles, opinions, any other texts, photographs, drawings, images, video and audio clips, as well as brands, logos, domain names, source codes or any other elements that may be covered by the intellectual propriety rights, are owned by PORVENTURA or third parties and are protected against the unauthorized use, copy, or diffusion, by the national laws and international treaties related with the Industrial Propriety Rights.

3 – Personal Data Protection

The use of this website implies that the users are aware, understand and accepted the Privacy and Data Treatment Policy, and have learned how the website obtains and uses their personal data and the respective finalities.

4 - Warranty 

PORVENTURA offers a two-year warranty for the catalog products, against defects in the material and workmanship, which begins on the date of delivery of the product to the site indicated by the Buyer.

PORVENTURA is committed to correct all the faults resulting from the conception, execution or assembly of the products, made by itself, except in the following cases:

Defect resulting from inadequate assembly or use conditions, of the Buyer’s responsibility. We ask for special attention in the use of products with lacquered finish, in particular.

The fabrics used or the general wear of the products are not covered by the warranty.

In order to benefit from the warranty provided, after verifying the failure attributed to the supply, the Buyer must inform PORVENTURA in writing (info@porventura.pt). In this information, the Buyer shall indicate the reference of the product, as well as the details necessary for a quick evaluation of the defect, accompanied by photographs or videos.

Once informed, PORVENTURA shall confirm receipt of the claim to the buyer within 24 hours and promote the correction of the fault with the utmost diligence.

PORVENTURA reserves the right to decline its liability if the claimed product has been changed or modified in any way by the Buyer.

The following unavoidable situations are not subject to the Warranty:

- Non exact replication of each PORVENTURA product since they are produced semi-industrially and the human factor may also affect the results;

- Total avoidance of small marks, porosities or colour variations, resulting from the nature of the production processes, techniques and raw material selection;

- Totally avoiding that many timber or natural skin finishes, variate in colour, grains, tonality or features, which are part of their natural beauty, may lead to fading, stretching, shrinking or other alterations, due to climatic conditions and solar exposure, including warmth, light and humidity, in the surrounding environment.

5 – Order cancellation, default claims and returns for contract termination

5.1 – Cancellation of an already paid order before being sent

In this case, the Buyer must contact our services by telephone or email, within 2 (two) days after the date of the order, requesting its cancellation, which will not be charged to the customer.

5.2 – Claims

In the event of a complaint, contact sales support Info@porventura.pt. The complaint lodged  in the physical or digital complaint book, or addressed to Info@porventura.pt, due to a failure resulting from the design, execution or assembly made by PORVENTURA, or by shipping incidents,  shall  be made within 14 (fourteen) days after the date of delivery,  and requires prior written acceptance with regard to the submission of the product to an expertise performed by PORVENTURA. After verifying the failure attributed to the supply, the Buyer shall inform PORVENTURA Info@porventura.pt, indicating the reference of the product, as well as the details necessary for a quick evaluation of the defect, accompanied by photographs or videos.

Once informed, PORVENTURA shall confirm receipt of the complaint to the Buyer, within 24 (twenty-four) hours, and promote the correction of the failure, with the greatest diligence.

5.3 – Returns

The Buyer has the right to terminate the contract, within 14 (fourteen) days counting from the day that he/she received the product. To this end he/she must inform PORVENTURA info@porventura.pt.

Returned goods will only be accepted after agreed with the sales service, which will issue a return order that must accompany the shipment to our warehouse, within a maximum of 14 (fourteen) business days, from the date of communication of the Buyer.

The product must be returned in its original packaging or, if it no longer exists, in packaging similar to that of its receipt.

The return of the product will not be accepted if it shows signs that it has already been used or is defective. The Buyer is responsible for the arrival of the product in the same conditions as it was received.

The return of the product and the direct costs of the return are the responsibility of the Buyer. The return must be made to the following address: Rua do Fojo Velho, 195, 4585-425 Rebordosa, Portugal.

In case the return is entitled to credit, it will be given a deduction of 5% of the amount received, for partial coverage of administrative costs. The refund of this payment will be made in a manner similar to that of the payment, within 14 (fourteen) days after receipt at the address indicated.

Products returned without knowledge and agreement of the sales service will not be taken into account.

Violation of the time limits described in items 5.1 and 5.2 gives PORVENTURA the right to decline any liability.

6 – Prices, payment, taxes and customs

The prices of the products presented on the website are always considered in Euros. Prices do not include VAT or transportation. Only on the check-out page, when a purchase is made, is the total price displayed.

Packaging is not reused.

PORVENTURA reserves the right to change prices without notice. The prices shown at the time of purchase are those applicable to the products.

The transport costs included in the prices should be considered only for Portugal, Lisbon and Porto regions. If the place of delivery is on an island, a remote site or has limited access, a prior contact will be required before processing the order to obtain the shipping price.

If requested by the Buyer, PORVENTURA may separately provide shipping or unloading/delivery services to a floor other than ground zero. The cost of this service will be presented separately.

Currently, for countries outside the European Union (EU), it is not possible to purchase through our website. Use our email Info@porventura.pt  to get proposals for the UK or North America. For other territories we are dependent on the presence of carriers (DHL, FedEx, TNT) in those countries.

When you buy directly, by email, from a quote or pro forma invoice, payment can be made in one of the following ways: bank transfer, VISA or AMERICAN EXPRESS credit card, Stripe and Paypal (in the last two forms of payment there will be added a fee of 5%).

By making the payment, the Buyer confirms its agreement with these Terms and Conditions, as well as PORVENTURA's Privacy and Data Protection Policy.

The digital records held by PORVENTURA in secure condition are considered as proof of communications, orders and payments between PORVENTURA and the Buyer.

The photographs displayed on the website are merely representative. We recommend that the Customer consults the detailed information of the product and its characteristics, namely the color.

7 – Supply deadline

The production time of PORVENTURA products is 4 to 12 (four to twelve) weeks, counted from the date of order. Changes or cancellation of an order will be possible in the 2 (two) days following the order date. In the case of changes, a new delivery time may have to be allocated.

Normal delivery to the unloading site takes place only on weekdays between 8 and 18 hours. Any special delivery needs are subject to overcharges.


If the Buyer does not authorize the delivery of a product, after receiving the information that the product is ready to be shipped, PORVENTURA reserves the right to charge € 100.00 for each week of storage, after a period of one month in storage.

In these circumstances, PORVENTURA disclaims any responsibility for any changes suffered by the product or its finishes resulting from the product's extraordinary exposure to the typical environmental conditions of a warehouse.

7.1 – Major force situations

PORVENTURA declines any responsibility for situations of fortuitous force or of great magnitude, resulting from unexpected events or natural forces unrelated to human action, that are impossible to avoid, or for situations outside its control that may inhibit the supply within the estimated time limit, such as natural disasters, terrorist acts, wars or epidemics, strikes, fires, floods or inability to obtain the raw material. In these circumstances, the necessary measures will be taken to inform Buyers of the estimated consequences of this impossibility.

8 – Civil Liability

PORVENTURA's liability for any damages or losses, personal or material, caused to the Buyer or Third Parties, accidentally or not, that may occur during the use of the product supplied, or that may result from conservation operations, is expressly excluded. We refer in particular to the need to fix large or heavy products to the walls, to ensure the protection of persons and goods.

9- Customized orders, developed at buyer’s request

To meet the customers’ needs, PORVENTURA offers the possibility of customizing the products.

In addition, PORVENTURA also accepts orders for new products. The respective specifications and technical designs require the Buyer's formal approval.

In both cases, a specific budget will be provided. In these situations, an initial payment of 75% of the quoted amount will be required. The remaining 25% will have to be paid before the shipment of the product.

PORVENTURA reserves the right not to accept cancellations or returns of these orders.

10 – Dispute settlement

10.1 – Extrajudicial dispute settlements

Alternative dispute resolution is the possibility for all clients to use official entities to assist in the resolution or advice of a conflict, without excluding recourse to the Courts.

Purchases made through the PORVENTURA website comply with EU Regulation Nr. 524/2013, which has the power to try to resolve any dispute out of court through the online dispute resolution platform, http://ec.europa.eu/consumers/odr/ .

The Buyer may also consult the updated list of Alternative Dispute Resolution Entities available in accordance with Article 17 of Law Nr. 144/2015, on the Consumer Portal, through www.consumidor.pt.

We indicate other entities under these conditions:

CNIACC – National Center for Information and Arbitration of Consumer Disputes

http://www.arbitragemdeconsumo.org

CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Tribunal)
http://www.ciab.pt/pt/

CIMPAS – Information, Mediation and Insurance Ombudsman Center

https://www.cimpas.pt/

Lisbon Consumer Disputes Arbitration Centre

http://www.centroarbitragemlisboa.pt

Oporto Consumption and Arbitration Information Center

http://www.cicap.pt/

European Online Dispute Resolution Platform

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

10.2 - Jurisdiction

In the event of a dispute, and if no amicable agreement is reached, it is expressly established that all disputes relating to contracts concluded with the Buyer in Portugal shall be of the exclusive competence of the Courts of the District of Lisbon, Portugal, excluding any others, also applicable in the case of plurality of litigants.

In the case of a Buyer abroad, the dispute will be subject to the Laws of the United Nations Convention on Contracts for the International Sale of Goods.

 

Last updated on April 19th, 2022

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