TERMS & CONDITIONS
- 1. OWNERSHIP OF THE SITE WWW.DEGRAU.COM
Website www.degrau.com is registered before www.enom.com, with registration number: [87791541_DOMAIN_COM-VRSN and it is owned and operated by GIRATENTA, LDA., a legal Portuguese entity, bearing the fiscal number 509156576, with fiscal residence at Rua do Alecrim, n.º 62, 1200-018 Lisbon, Portugal.
For any questions related to www.degrau.com or with these terms and conditions, users may contact the customer service of GIRATENTA, LDA., through any one of the following means:
Address: Rua do Alecrim, n.º 62, 1200-018 Lisbon, Portugal.
- 2. SCOPE OF APPLICATION
The present Terms & Conditions state the legally-binding terms applied to all visitors and users of www.degrau.com as well as to any commercial transactions made through the website.
By visiting and/or purchasing products at the website, the visitor (and/or user) warrants that he/she understands, agrees and accepts all Terms & Conditions, as well as that he/she has the legal age to use or buy online any of the presented products. The website visitor (and/or user) also states that the submitted personal data are updated, complete and correct.
GIRATENTA, LDA. has the right to modify the content of the website’s Terms & Conditions at any time and by all means, without prior notice.
- 3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All content such as texts, photographs and/or images, multimedia (such as videos), sound reproductions, and/or any other content regarding the displayed touristic offers on www.degrau.com are protected under copyright law. As such, any kind of reproduction or commercial use (partial or complete) of the website´s content is strictly prohibited and GIRATENTA will legally pursue those who act this way.
All company names, trademarks, and any distinguishing signs mentioned in www.degrau.com are protected under Industrial Property Law. Reproduction or unauthorized use of any or all of such distinguishing signs is strictly forbidden.
- CLIENTS’ AND USERS’ OBLIGATIONS
Clients and Users undertake to comply and to respect the present Terms & Conditions, namely:
1) Not to introduce, store or disseminate through the site defamatory, obscene, insulting, xenophobic and/or any other nature contents that violate the general principles of law and public order;
2) To keep and not disclose their password, and by all means prevent third party access to their account in www.degrau.com;
3) Not to use false identities;
4) When asked, to provide the correct personal data and address so that GIRATENTA, LDA. can process the orders.
GIRATENTA, LDA. has the right to eliminate any users’ account that violates any of the above.
The Client /user will be held responsible for any delay or impossibility of processing the order, namely at the delivery time, as a consequence of an incorrect or insufficient information provided by such Client / user.
- 5. HOW TO ORDER
In order to purchase any products on www.degrau.com it is necessary to register on the website.
5.2. My account
Users are responsible for assuring the confidentiality of the information necessary to access their account (username and password).
Through "My account" users can change their personal information, check the status of the orders, alter their wishlist or change the password.
The validation of the purchase process implies that the Client has read and expressly agrees and accepts these Terms & Conditions.
When the purchase is finished, the Client will receive an automatic email confirming the transaction. In case the data are not correct the Client may immediately ask to alter the information or cancel the order.
Users’ of the website state that the account is for his/hers personal use. The user may not act like someone else by creating a fake account or an account on behalf of a third party.
In case of an improper use of the account, GIRATENTA, LDA. has the right to eliminate the users’ account without any prior notice. However this will not exclude any legal action by GIRATENTA, LDA..
All users that are registered may, at any time, close their account on the website.
Users agree to inform GIRATENTA, LDA. in case of any unappropriated use of his/hers account.
5.3. Online ordering
All orders made in www.degrau.com will be materialized within a 24 hours/7 days per week period.
5.4. Product characteristics
The images of the products presented in www.degrau.com are simply illustrative. These images may not represent in an absolutely real way the products, namely regarding textures, colors, finishes or similar aspects.
GIRATENTA, LDA. is entitled to modify, at any time, the information regarding the products, promotions and commercial conditions presented on the website.
- 6. Product availability
The catalogue of www.degrau.com is independent from those of the physical stores: the differences apply both to prices and stock availability. All promotional campaigns have limited stock and are exclusive to the online store.
GIRATENTA, LDA. only concludes an order made by a Client after confirmation of payment. As such it cannot guarantee the availability of the articles before the beginning of the order.
In case of unavailability of any product ordered, and after finding out about replacing the missing article, GIRATENTA, Lda. shall contact the Client in case such situation modifies delivery date or the price. If a change of price occurs, the order will only proceed with the Client´s consent.
In case of absolute unavailability of stock of the product ordered, GIRATENTA, LDA., may suggest a different product, equivalent in terms of quality and price. However the order will only proceed with the Client’s final approval.
In case of absolute unavailability of stock of the product ordered, and if it is not possible to propose to the Client an equivalent product or if the Client does not agree with the replacement of goods, GIRATENTA, LDA. shall reimburse the Client within a 30 (thirty) day period.
Any delay in the shipment of articles, given the estimated dates presented, does not give the Client any right to compensation.
- 7. PRICE
The prices indicated on the website are in euros and include fees and taxes, except those fees related to the delivery of the products. Delivery fees shall be borne by the Client and are charged at the end of the order.
GIRATENTA, Lda. may at any time alter the price of the goods. However, it will always apply the price indicated on the site at the moment the Client orders the product.
Shipping prices: orders over € 70 are free of delivery charges.
Orders collected at Degrau store in Rua do Alecrim, no. 62, Lisbon, Portugal are free of delivery charges.
Orders in an amount lower than € 70: delivery charge is € 4.
- 8. PAYMENT
When the Client places its order an ATM reference will be created and sent by e-mail. This reference will run for 3 (three) days and the payment can be carried out during the 72 hours. In case the Client misses the deadline please contact firstname.lastname@example.org.
- 9. DELIVERY DEADLINE
In regular circumstances, for products from the ongoing season, the order will be shipped within a 3 (three) business days after payment confirmation. The shipping time – depending on the transport company and the Client’s location - will add up to the estimated time for delivery.
However, delivery times are merely indicative and calculated on the basis of regular circumstances: not considering incidental possibilities such as incomplete or incorrect addresses or other mistakes or cases of force majeure. The shipping value will be automatically calculated by the system.
- 10. DELIVERY METHODS
Deliveries are made by GIRATENTA, LDA. to the address mentioned by the Client or may be collected by the Client directly at the shop Degrau in Rua do Alecrim, no. 62, in Lisbon, as the Client may choose.
In case the Client chooses to collect the product at Degrau shop in Rua do Alecrim, no. 62, Lisbon during opening hours he/she shall deliver a copy of the invoice.
In order to avoid delays in merchandise or money return, the Client must provide a mobile or landline contact number, so GIRATENTA, LDA. is able to comply with its legal obligations.
GIRATENTA, Lda. delivers PRODUCT ALL OVER THE WORLD. Shipping fees will be applied accordingly as they depend on the country of delivery.
- 11. CANCELLATIONS
The following conditions only apply to www.degrau.com and not to the physical stores.
The non-payment of the purchase within 4 (four) days following the date where the order became final implies its automatic cancellation.
Pursuant to Portuguese Law: Decree-Law No. 7/2004 of 7 January, on e-commerce (with the amendments conferred by Decree-Law No. 62/2009 of March 10th and by Law No. 46/2012, of 29th August), GIRATENTA, LDA. has the right to remove and/or cancel the service in the event of a (a) programming error, (b) a bug and/or computer’s malfunction, likewise in the event of the juridical proposal grasps its final destination in such a damaged way that it represents an error (and this error is examined to be a crucial aspect of the contract, according to the Portuguese Civil Code).
According to Decree-Law No. 24/2014, of 14 February (law on contracts celebrated on distance and off physical stores premises), the Client has a 30 (thirty) days period to solve the contract without having to pay any compensation neither to mention a motive. This 30 (thirty) days period begins the day after the date: (i) where the client or a third party indicated by him (other than the carrier) acquires possession of the goods or (ii) where the client or a third party indicated by the client (other than the carrier) acquires physical possession of the last good in case the Client has commissioned several assets in a single order and the goods are delivered separately.
It shall be deemed to have been exercised the right of withdrawal by the Client by sending a registered letter or an email, within 30 (thirty) days of the above mentioned, to the contacts of GIRATENTA, Lda. listed in 1 communicating the will to solve the contract.
The Client may chose to inform GIRATENTA, LDA. his/hers will to solve the contract by filling in the legal form mentioned in the final part of these Terms & Conditions. If the Client opts to do so, GIRATENTA, LDA. will sent the Client (within a 24 hour period), an email confirming the Client’s desire.
The Client does not have the legal right to solve the contract regarding customized products or products specially made according to the Client’s instructions.
In case the contract is solved, GIRATENTA, LDA. will make a total refund (except any additional costs due to another form of delivery requested by the Client) through the same means of payment used by the Client unless the user asks for a different means of reimbursement. The refund shall take place without any delay and in any case within 14 (fourteen) calendar days counted from the date the solving of the contract was communicated to GIRATENTA, LDA..
If the Client wishes another form of reimbursement he shall contact GIRATENTAS’s customer service within 3 (three) days from the date GIRATENTA’s was informed of the decision to solve the contract.
GIRATENTA, may retain the refund until it receives the returned goods, or until the Client provides proof of dispatch of the goods, whichever occurs first.
The Client must return the goods, without undue delay and no later than 14 (fourteen) days form the date GIRATENTA’s was informed of the termination of the contract. Such period is considered to have been performed if the Client returns the goods before the expiry of such 14 (fourteen) day period.
- 12. EXCHANGES AND DEVOLUTIONS
In order to exchange products, the Client may contact any Degrau store and obtain the information on the necessary steps for the devolutions of the product. The right to return the product is valid during a maximum of 30 (thirty) day period counting from the invoice date. Client shall not, under any circumstances, send to GIRATENTA, Lda. any product without having made a prior contact made to the store.
GIRATENTA, Lda., has the right not to accept the devolution of items that are not in the same conditions in which they were sold.
- 13. WARRANTY OF CONSUMER GOODS
Pursuant to Decree-Law No. 67/2003 of 8 April (amended by Decree-Law No. 84/2008, of 21 may) all products of www.degrau.com are covered by a legal warranty applied to all consumer goods that corresponds to a 2 (two) year period.
GIRATENTA, Lda. is held responsible before the Client for any existing lack of compliance of the product purchased with the sale agreement, at a time the good I delivered to the Client.
The goods will be considered in a “non-compliance” situation with the sale agreement as follows:
a) are not in accordance with the description which is made by GIRATENTA, Lda. or they do not have the qualities that the GIRATENTA Lda has presented to the client on the sample or model;
(b) are not appropriate for the specific use intended by the Client and communicated GIRATENTA, Lda. at the time the contract was celebrated and accepted by both parties;
(c) are not suited for the use usually given to products of the same type;
d) do not show the quality and the usual performance of the same type of products that can be reasonably expected by the Client, given the nature of the good and, if applicable, in accordance with public statements on the specific characteristics made by GIRATENTA, Lda., particularly in advertising or on labelling.
In case of non-compliance of the goods with the sale agreement, the Client has the right to the replacement of the good, through repair or renewal of the product, to eventual reduction of the price or to solving the contract, depending on the most convenient solution to apply to the case.
14 JURISDICTION AND GOVERNING LAW
These Terms & Conditions shall be understood and acquiesce with in conformity with its own Terms & Conditions. If, for any reason, a matter is not provided in these Terms & Conditions, it shall be administered by the legislations of Portugal.
Any controversies derived from the validity, interpretation, fulfilment or execution of these Terms shall be expressly submitted to the jurisdiction and competence of the Judicial Courts of Lisbon, Portugal.
Legal Form of Contract Solving:
(only to be filled and delivered in case of contract solving by the Client)
— To [insert here the name, geographical address and, eventually, the fax number and email address of the seller]:
— I/We hereby inform (*) you that handle/solved (*) my/our * contract of sale concerning of the following product [ ] or of the following service (*)
— Requested in (*)/received (*)
— Name of the consumer (s)
— Address of the consumer (s)
— The Signature (s) (s) (only if this form is notified on paper)
(*) Delete as appropriate