CUSTOMER SUPPORT
CONDITIONS AND GENERAL TERMS OF SALE
1. INTRODUCTION
This document (together with the documents mentioned therein) establishes the conditions governing the use of this Website (www.atlantidabag.pt) and the purchase of items through it (hereinafter referred to as the “Conditions”).
We recommend that the user carefully read the conditions, our Cookies Policy and our Privacy Policy (hereinafter jointly referred to as “Data Protection Policies”) before using this Website. The use of this Website, and the execution of any order through it, imply the acceptance of these Conditions and our Data Protection Policies. If you do not agree with all the Conditions and the Data Protection Policy, do not use this Website.
These Conditions are subject to change without prior notice. It is your responsibility to consult and read them periodically, since the conditions in force at the time of formalization of the relevant Contract (in the terms defined below) or the conditions of use of this Website will be applicable at all times.
If you have any questions regarding the Conditions or Data Protection Policies, you can contact our services using the contact form.
The Contract (under the terms defined below) may be executed, at the user's option, in any of the languages in which the Conditions for its formalization are available on this Website.
2. COMPANY INFORMATION
The sale of articles through this Website is carried out under the name of Atlantidabag – Unipessoal, Lda, a company with headquarters at Rua Forno da Telha, Nº 852, Casal Galego, 2410-034 Leiria, registered at the Commercial Registry Office of Leiria with the main activity of manufacture and sale of bags and packaging (CAE 7143-0084-1547) and with tax number 510329993.
3. YOUR DATA AND YOUR VISIT TO THIS WEBSITE
The information or personal details you provide will be processed in accordance with our Data Protection Policies. By using this Website, the user accepts the processing of information and data, and certifies the veracity and correctness of the information and details provided.
4. USE OF THE WEBSITE WWW.ATLANTIDABAG.PT
When using this website, and when placing orders through it, the user undertakes to:
i. Use this website only to make legally valid inquiries and requests.
ii. Do not place false or fraudulent orders. In the event that we reasonably determine that a fraudulent request has been made, we will be authorized to proceed with its cancellation and inform the relevant authorities.
iii. The e-mail address, postal address and/or any other contact details must be true and accurate. The user accepts that Atlantidabag can use this information to contact him if necessary (see our Privacy Policy).
If you do not provide all the required information to Atlantidabag, you will not be able to place your order.
When placing an order on this Website, the user declares to be of legal age, and legally eligible to enter into contracts of this nature.
5. SERVICE AVAILABILITY
The articles presented on this site are available for delivery in Portugal and Europe. For more information on shipments to other destinations, please contact us.
6. CONTRACT FORMALIZATION
The information contained in these Conditions and the details contained on this Website do not constitute an offer to sell, but rather an invitation to negotiate. In no case will there be any contract between Atlantidabag and the user in relation to any product, until your order is expressly accepted by our services. If your offer is not accepted, and the amount corresponding to the order has already been debited from your account, Atlantidabag will proceed with a full refund.
To place an order, the user must follow the online purchase procedure, and click on "Authorize Payment", after which he will receive an email confirming receipt of his order (the "Order Confirmation"). Bear in mind that this does not mean that your request has been accepted, as it constitutes an offer by the user to purchase one or more items from our website. All orders are subject to approval by Atlantidabag, and you will be sent an email confirming the shipment of your order (the "Shipping Confirmation"). The contract between Atlantidabag and the user for the purchase of an item (the "Contract") will only be considered formalized after sending the Shipping Confirmation.
Only the items indicated in the Shipping Confirmation are subject to the terms of the Contract. Atlantidabag is not obliged to provide the user with any other item that has not been ordered, until it is confirmed that they have been sent through the Shipping Confirmation
7. AVAILABILITY OF ARTICLES
All item orders are subject to availability. Thus, in case there are difficulties in supplying some items, or in case there is no item in stock, Atlantidabag reserves the right to provide you with information on substitute items of similar or superior quality to complement your order. If you do not wish to order any of the substitute items, Atlantidabag will refund the amount paid for the unavailable items.
8. REFUSAL TO PROCESS AN ORDER
Atlantidabag reserves the right to remove any article from this Website at any time, and to remove or modify any material or content therein. Although Atlantidabag always tries to do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, which we reserve the right to do at any time.
Atlantidabag declines any responsibility towards the user or any third party for the removal of any article or content from this Website, or for the non-processing of an order once the Order Confirmation has been sent.
9. DELIVERY
Without prejudice to clause 7 above regarding the availability of the items, and except for any extraordinary circumstances, Atlantidabag will make every effort to send the order consisting of the item(s) mentioned in each Order Confirmation before the date indicated in the respective Confirmation of Order, or, in case there is no specified delivery date, within the period mentioned when selecting the delivery method and, in any case, within a maximum period of 30 days from the date of Confirmation of the Order.
However, there may be reasons for delay in delivery, such as, for example, personalization of the items, or the occurrence of unforeseen circumstances or the delivery area.
If for any reason it is not possible for us to meet the established delivery date, the user will be informed of this circumstance, offering him the possibility to proceed with the purchase, select a new date for delivery of the order, or cancel it, with full refund of the amount paid. The user must bear in mind that Atlantidabag does not deliver on Holidays, Saturdays and Sundays.
For the purposes of these Conditions, it is considered that the "delivery" has taken place or that the order has been "delivered" when the user or a third party indicated by him takes physical possession of the articles, which will be evidenced by the signature of the receipt of the Order, at the stipulated delivery address.
10. IMPOSSIBILITY OF DELIVERING AN ORDER
If, after 30 days have elapsed since your order has been made available for delivery, we have not been able to deliver the order for reasons not attributable to our services, Atlantidabag will assume that you want to cancel the Contract, which will be terminated. As a result of the termination of the Contract, we will refund all payments received in connection with it, including delivery costs (except any additional costs arising from the choice, by the user, of any other means of delivery in addition to the ordinary delivery offered by Atlantidabag) without any undue delay, and in any case within 14 days from the date of termination of this Agreement.
Atlantidabag reserves the right to refuse shipments to users who frequently do not collect them without prior notice.
Please bear in mind that transport arising from the termination of the Contract may incur additional costs, which we are authorized to charge the user.
11. TRANSMISSION OF RISK AND OWNERSHIP OF THE ITEMS
The risks of the article will be the responsibility of the user from the moment of delivery of the articles.
The user will own the products from the moment Atlantidabag has received full payment of all amounts due related to the item, including delivery costs, or at the time of delivery (as defined in clause 9 above), if it takes place at a later date.
12. PURCHASE OF ITEMS AS A GUEST
The functionality of purchasing items as a guest is also available on our website. When choosing this type of purchase, you will only be asked for the essential data to process your order. Upon completing the purchase process, you will be offered the opportunity to register as a user, or to continue as an unregistered user.
13. VALUE ADDED TAX (VAT)
Under current legislation, all purchases made through this Website are subject to Value Added Tax (VAT).
Therefore, and in accordance with Chapter I of Section V of European Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply of the articles will be considered as belonging to to the Member State of the delivery address of the items, with the respective VAT being applied at the rate in force in the Member State where the items will be delivered, in accordance with the order placed.
In accordance with the legislation and regulations in force in each jurisdiction, the rule of "reverse charge - reverse charge -" (Article 194 of Directive 2006/112) will apply to articles supplied in some Member States of the European Union if the customer is or is required to be a taxable person for the purposes of VAT. In this case, VAT will not be applied, subject to confirmation by the recipient that the VAT corresponding to the items supplied will be the responsibility of the customer, in accordance with the "reverse charge" procedure.
14. PRICE AND PAYMENT
The price of the items will be stipulated at all times on our Website, except in cases of obvious omission. Although Atlantidabag makes every effort to ensure that the prices indicated on our Website are correct, it is possible that errors may occur. If we detect an error in the price of any of our items that have been ordered by the user, we will inform you of this circumstance as soon as possible, offering the user the option of confirming his order at the correct price, or proceeding with his cancellation. If it is not possible for us to contact the user directly, the order will be considered canceled, and we will refund all amounts paid by the user in connection with the order.
Atlantidabag is not obliged to supply any article at the incorrect lower price, (even after sending the Delivery Confirmation) in the case of an obvious and unmistakable error, which can reasonably be identified by the user as being an incorrect price.
The prices indicated on our Website do not include VAT, they exclude delivery costs, which will be added to the total price of the order, as indicated in our Shopping Guide - Delivery Costs.
Prices may change at any time. However, except as noted above, these changes will not affect orders for which an Order Confirmation has been issued.
Once you have selected all the items you want to buy, they will have been added to your shopping basket, and the next step will be processing the order and paying for it. For this purpose, the user must follow the steps of the purchase process, filling in or checking the required information at each step. The user may, during the purchase process and before paying for the order, modify the details of the order at any time. In the Purchase Guide you can consult detailed information about the purchase process. If you are a registered user, you can also consult the record of all your previous orders in the "My Account" section.
To pay for the ordered items, the user can use Visa, Mastercard, MBWayAmerican cards and by bank transfer to the indicated IBAN.
To minimize the risk of unauthorized access, the credit card details used for payment will be encrypted. After receiving the user's request, Atlantidabag will proceed with a pre-authorization on your card, to ensure that it has sufficient funds to complete the transaction. The amount of the order will be debited from the user's card when the order leaves Atlantidabag's warehouses.
Credit cards are subject to authorization by the card issuer. If payment is not authorized by the card issuer, Atlatidabag declines any responsibility for any delays or failure to deliver the order, and will not be able to formalize any Contract with the user.
15. EXCHANGE AND RETURN POLICY
ATLANTIDABAG will inspect the returned product. Any product that has been damaged, that is not in the same conditions in which the user received it or that shows signs of use beyond the simple opening of the packaging, does not entitle to a refund.
The deadline for any return is 14 consecutive days from the date of purchase. Returns are free as long as the reason for the return is considered valid by the seller.
Once the return is approved, you will receive the amount in the same way your order was placed.
After approval of the return (items must be in perfect condition and have the inner labels), you will receive a confirmation email indicating that the amount will be deposited into your account within a few days.
Remember that the payment for the credit card always depends on your banking entity.
16. LIABILITY AND EXCLUSION OF LIABILITY
Except in the cases expressly mentioned in these Conditions, our liability in relation to any item purchased through our Website will be strictly limited to the purchase price of the item.
Notwithstanding the foregoing, our liability will not be limited or exempted in the following cases:
i. In case of death or personal injury caused by our negligence;
ii. In case of fraud or fraudulent intent; or
iii. In any case where it is illegal or unlawful to exclude, limit or seek to exclude or limit our liability.
Without prejudice to what is mentioned in the previous paragraph, and to the extent legally permitted, and unless otherwise indicated in these Conditions, Atlantidabag will not accept any responsibility for the following losses, regardless of their origin:
i. loss of revenue or sales;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of expected earnings;
v. data loss; It is
saw. loss of administration or office hours.
Due to the open nature of this Website, and the possibility of errors occurring in the storage and transmission of digital information, Atlantidabag cannot guarantee the accuracy and security of the information transmitted or obtained through this Website, unless expressly stated otherwise.
All product descriptions, information and materials contained on this Website are provided "as is", without any express or implied warranties relating to them, except in cases legally established. In this sense, if the contract with Atlantidabag takes place as a consumer or user, Atlantidabag is obliged to supply the articles in accordance with the conditions stipulated in the Contract, being responsible to the user for any non-compliance that may exist at the time of purchase. delivery.
The articles are considered to be in conformity with the Contract if:
(i) correspond to the description provided and have the qualities mentioned on this Website,
(ii) (ii) are suitable for the purpose for which this type of articles are generally used, and
(iii) (iii) show the normal quality and performance that can be expected in articles of this type. Within the legally permitted limits, all guarantees are excluded, except those that cannot legitimately be excluded in favor of consumers and users.
The items sold by Atlantidabag, and especially the handcrafted items, often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, cannot be considered defects or damage under any circumstances. On the contrary, the consumer must detect their presence and appreciate them. Atlantidabag only selects articles with the best qualities, but natural characteristics are inevitable, and must be understood as part of the individual appearance of the article.
The provisions of this clause do not affect your rights as a user and consumer, or your right to cancel the Contract.
17. INTELLECTUAL PROPERTY
The user acknowledges and accepts that all copyright, trademarks and other intellectual property rights of the materials or content provided as part of this Website are owned by Atlantidabag, or belong to owners who have granted Atlantidabag the necessary license for its use. . The use of said material is only authorized to the extent expressly authorized by Atlantidabag or its owners. This condition does not prevent the use of this Website for the necessary copying of information in your order or contact details.
18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
It is not permitted to use this Website in an improper manner, intentionally introducing a virus, trojan, worm, logic bombs or any other software or material that is technologically harmful or harmful. The user must not attempt to gain unauthorized access to this Website, the server on which it is hosted, or any server, computer or database related to our Website. The user undertakes not to attack this Website through any denial of service attack or a distributed denial of service attack.
Any failure to comply with the provisions of this clause will be considered an infringement under the terms defined by the applicable legislation. Atlantidabag will report any breach of this regulation to the corresponding authorities, and will cooperate with them to determine the identity of the attacker. Likewise, in the event of non-compliance with this clause, the authorization to use this Website will be immediately suspended.
Atlantidabag declines any responsibility for any damages or injuries resulting from a denial of service attack, virus or any other software or technologically harmful or harmful material that may affect the computer, IT equipment, information or materials of the user as a result of the use of this Website, the download of contents from the same or third-party websites to which the user is redirected by this website.
19. LINKS TO OUR WEBSITE
Se o nosso Website contém links a outros Websites e a materiais de terceiros, estes links são proporcionados apenas com fins informativos, pelo que a Atlantidabag não tem qualquer controlo sobre o conteúdo destes Websites ou materiais. Por este motivo, a Atlantidabag não aceitará qualquer responsabilidade por danos ou lesões derivados da sua utilização.
20. WRITTEN COMMUNICATION
The applicable legislation and regulations require that part of the information that Atlantidabag sends to the user is communicated in writing. By using this Website, the user accepts that most of the communication established with Atlantidabag is done electronically. Atlantidabag will contact the user by email or provide information through alerts published on this website. For contractual purposes, the user agrees with the use of these electronic means of communication, and that all contracts, notifications, information and other communications sent electronically by Atlantidabag comply with the legal requirements identical to those of their written communication. This condition does not affect your legally recognized rights.
21. NOTIFICATIONS
The applicable legislation and regulations require that part of the information that Atlantidabag sends to the user is communicated in writing. By using this Website, the user accepts that most of the communication established with Atlantidabag is done electronically. Atlantidabag will contact the user by email or provide information through alerts published on this website. For contractual purposes, the user agrees with the use of these electronic means of communication, and that all contracts, notifications, information and other communications sent electronically by Atlantidabag comply with the legal requirements identical to those of their written communication. This condition does not affect your legally recognized rights.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
This Agreement is binding on Atlantidabag and the user, as well as their respective successors, assignees and heirs.
The user may not transmit, assign, impose or employ any other means to transfer a Contract, or any of the rights or obligations arising therefrom, without the prior written consent of Atlantidabag.
Atlantidabag reserves the right to transmit, assign, impose, subcontract or transfer by any other means a Contract or any of the rights or obligations arising therefrom, at any time during the term of the Contract. For the avoidance of doubt, said transmissions, assignments, charges or other forms of transfer do not affect any rights applicable to the user as a consumer that are recognized by current legislation, nor do they cancel, reduce or limit in any way the tacit and express guarantees that offered by Atlantidabag.
23. EVENTS OUTSIDE ATLANTIBAG'S CONTROL
Atlantidabag declines any responsibility for any breach or delay in fulfilling any of the obligations assumed under the terms of a Contract, whenever caused by events beyond Atlantidabag's reasonable control ("Force Majeure").
Force Majeure includes any act, event, failure, omission or accident beyond our reasonable control, including, but not limited to, the following:
i. Strikes, occupations or other forms of protest.
ii. Civil strife, revolts, invasions, terrorist attacks or threats, war (whether declared or not) or threats or preparations for war.
iii. Fire, explosion, storms, floods, earthquakes, landslides, epidemics and any natural disasters.
iv. Impossibility of using trains, ships, air, motorized transport or other means of transport, public or private.
v. Impossibility of using public or private telecommunication systems.
saw. Rules, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in sea or river transport, postal transport or any other type of transport.
It is considered assumed that Atlantidabag's obligations arising from the Contracts will be suspended during the period affected by any Force Majeure, and that Atlantidabag will enjoy a period of time for the fulfillment of said obligations equal to the time that the situation of Force Majeure. Atlantidabag will make every possible effort to put an end to the Force Majeure situation, or to find a solution that allows it to satisfy its obligations assumed under the Contract, despite the Force Majeure reason.
24. WAIVER OF RIGHTS
The omission of requirements on the part of the user to strictly comply with his obligations under a Contract or these Conditions, or the failure by us to exercise the rights or actions that correspond to us under this Contract or these Conditions shall not In no case do they constitute a waiver or limitation of said rights or actions, nor do they exempt the user from complying with said obligations.
The waiver by us of a specific right or action does not in any case constitute a waiver of any other rights or actions derived from the Contract or these Conditions.
Waiver by us of any of these Conditions or of the rights and actions derived from the Contract will be ineffective, except as expressly stipulated in a waiver of rights, and formalized and notified to you in accordance with the provisions of the Notices section above.
25. PARTIAL CANCELLATION
In the event that any of these Conditions or any clause of the Contract is declared null or void by firm resolution of the corresponding authority, the remaining terms and conditions will remain in effect without being affected by said declaration of annulment.
26. ENTIRE AGREEMENT
These Conditions, and any document referenced therein, constitute the entirety of the Contract entered into between Atlantidabag and the user with regard to its purpose, replacing any pacts, agreements or promises previously established between Atlantidabag and the user, verbally or in writing.
Atlantidabag and the user mutually agree to enter into this Agreement, without dependence on any declaration or promise made by the other party or that may be inferred from any declaration or document in the negotiations established between the two parties prior to said Agreement, except those expressly mentioned in the present Conditions.
Atlantidabag and the user undertake not to take any action in relation to any false statement made by the other party, verbally or in writing, prior to the effective date of the Contract (except in cases where said statements have been carried out fraudulently), and that the only action that the other party may take will be motivated by the breach of Contract, under the terms set forth in these Conditions.
27. RIGHT TO MODIFY THESE CONDITIONS
Atlantidabag reserves the right to review and modify these Conditions at any time.
The user is subject to the Conditions in effect at the time of using this Website or placing an order, except in cases where, by legal imperative or by decision of the governmental authorities, Atlantidabag is obliged to retroactively modify said Policies. , Terms or Privacy Statement, in which case the possible modifications will also affect orders previously made by the user.
28. APPLICABLE LEGISLATION AND JURISDICTION
The use of this Website and the contracts for the purchase of articles through it will be governed by Portuguese legislation.
Any dispute derived from or relating to the use of this Website or said contracts will be subject to the non-exclusive jurisdiction of the courts of Portugal.
If you enter into this Agreement as a consumer, the content of this clause will not affect your legal rights recognized by the applicable legislation in force.
29. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send us your comments and suggestions using our contact form.
We also have complaint forms available to consumers and users, which can be requested through our contact form. If, as a consumer, you consider that your Rights have been violated, you can address your complaint to the Atlantidabag email address, in order to resort to an extrajudicial resolution. In this sense, if the transaction between Your Excellency and our company has been concluded through our website, we inform you – in accordance with EU Regulation n. conflicts online at http://ec.europa.eu/consumers/odr/.
Last updated on 10/30/2014
withdrawal form template
(you should only complete and send this form if you want to withdraw from the contract)
In the care of Atlantidabag – Unipessoal, Lda, with the commercial name of Atlantidabag, Lda, Rua Forno da Telha, Nº 852, Casal Galego, 2410-034 Leiria.
I hereby inform you that I withdraw from my sales contract for the following asset:
Order on the day / received on the day (*)
Consumer name:
Consumer address:
Consumer signature (only if this form is submitted on paper)
Date
(*) Delete what does not matter