Terms, Conditions, Privacy Policy and Cookies

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“The secret to great business is knowing something that no one else does.”  ARISTOTLE ONASSIS

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That's why our customers' data and privacy is very important to us.

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1. Scope and Object of the General Conditions of the Store

These General Conditions are intended, with the order form, and the other elements referred to in them, to regulate the terms and conditions by which the provision of the CENA D'ARTE Online Store Service will be governed,  www.cenadarte.pt , Retail trade by mail or via the Internet, headquartered at RUA Rua Padre Américo, number 14 C, 1600-548 Lisbon ,  under the single registration number and identification number of legal person No. 513882235 , hereinafter referred to as CENA D'ARTE.

The Service consists of providing, through the address: www.cendarte,com , access to the Online Store which, in addition to providing information on a set of products and/or services, allows the User, by electronic means, to order the products disclosed therein , under the terms and conditions described herein.

The order of products must be made by Users aged 18 (eighteen) or older (individuals under the age must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of a signature for non-compliance with the assumed obligations.

 

2. Product and Content Information

CENA D'ARTE will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 8).

CENA D'ARTE will do its utmost to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by CENA D'ARTE , such as human errors or incidents in computer systems, it is not possible to provide 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 telephone. At that time, 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 prices, products, specifications, promotional actions and services may be changed at any time by CENA D'ARTE.

 

3. Responsibilities

3.1  All products and services sold on the CENA D'ARTE Online Store are in accordance with Portuguese law.

3.2  The Store has adequate security levels, however CENA D'ARTE will not be liable 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, the computer system, modems, connecting software or any computer viruses or resulting from downloading through the file service infected or containing viruses or other properties that may affect the User's equipment. If for any reason of an error in accessing the website of the CENA D'ARTE Online Store it is impossible to provide a service, CENA D'ARTE will not be held responsible for any damages.

3.3  Data and information queries carried out within the scope of this Service are presumed to have been carried out by the User, and CENA D'ARTE declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4  CENA D'ARTE will not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as intent or gross negligence.

3.5  CENA D'ARTE 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 by way of intent or gross negligence, not being responsible in particular for (i) errors, omissions or others inaccuracies relating to information made available through the Service; (ii) damage caused by the fault of the User or third parties, including infringements of intellectual property, (iii) for non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective performance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to CENA D'ARTE and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of CENA D'ARTE that prevent or hinder the fulfillment of assumed obligations.

3.6  CENA D'ARTE does not guarantee that:

1. i) the Service is provided on an uninterrupted basis, is secure, error-free or functions infinitely;

2. ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User regarding the same;

3. iii) any material obtained in any way through the use of the Service is used at the User's expense and risk, who is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.

4. 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 CENA D'ARTE cannot in any way be held liable for any damage, including, but not limited to, damage for loss of profits, data, content, or any other loss (even if previously advised by the User about the possibility of the occurrence of such damages), resulting from:

1. i) the use or impossibility of using the Service;

2. ii) the difficulty of obtaining any substitute for goods/services;

3. iii) unauthorized access or modification to personal databases.

 

4. Consumer Obligations

4.1. The user undertakes to:

1. i) Provide personal data and correct addresses;

2. ii) Do not use false identities;

3. 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 processing the order, or any non-delivery, the User is responsible, and CENA D'ARTE declines any responsibility. In the event that the consumer violates any of these obligations, CENA D'ARTE reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by CENA D'ARTE to the same User; and also not to allow the User to access any or any services provided by CENA D'ARTE in the future.

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. CENA D'ARTE guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as being of mandatory supply are essential for the provision of the Service by CENA D'ARTE . The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal to provide the Service by CENA D'ARTE .

5.3. The User's personal data will be processed and stored by computer and are intended to be used by CENA D'ARTE in the context of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the sale of the same.

5.4. Under applicable law, the User is guaranteed, without additional charges, the right to access, the right to forget, rectify and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes set out in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: CENA D'ARTE.

5.5. The Internet is an open network, so  User's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even at the risk of being accessible and used by unauthorized third parties for this purpose, and CENA D'ARTE cannot be responsible for such access and/or use.

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6. Cookies and advertising policy

How we use Cookies

6.1. What are cookies?

"Cookies" are small software tags that are stored on access equipment through the browser (browser), retaining only information related to preferences, not including, as such, personal data.

6.2. What are Cookies for?

Cookies are used to help determine the usefulness, interest and number of uses of websites, allowing faster and more efficient navigation, eliminating the need to repeatedly enter the same information.

6.3. What kind of cookies are there?

There are two groups of cookies that can be used

Permanent cookies – cookies that are stored at the browser level on access devices (PC, mobile and tablet) and are used whenever you visit the “CC” website again. They are generally used to direct navigation to the user's interests, allowing for a more personalized service.

Session cookies – are temporary cookies that remain in your browser's cookie file until you leave the website. The information obtained by these cookies is used to analyze traffic patterns on the web, making it possible to identify problems and provide a better browsing experience.

6.4. For what purposes do we use cookies?

Strictly Necessary Cookies – Allow navigation on the website and use of applications, as well as access to secure areas of the website. Without these cookies, the required services cannot be provided.

Analytical Cookies – They are used anonymously for the purpose of creating and analyzing statistics, in order to improve the functioning of the website.

Functionality Cookies – They keep user preferences regarding the use of the website, so that it is not necessary to reconfigure the website each time you visit it.

Third-Party Cookies – Measure the success of third-party applications and advertising effectiveness. They can also be used to customize a widget with user data.

Advertising cookies – They target advertising according to the interests of each user, in order to target advertising campaigns taking into account the users' tastes, and, in addition, they limit the number of times you see the ad, helping to measure the advertising effectiveness and website organization success.

6.5. How can I manage cookies?

All browsers allow the user to accept, refuse or delete cookies, and also inform the user whenever a cookie is received, namely by selecting the appropriate settings in the respective browser. The user can configure cookies in the "options" or "preferences" menu of his browser. 

Note, however, that by disabling cookies, you can prevent some web services from working correctly, affecting, partially or totally, navigation on the website.

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7. Order cancellation

7.1 Upon User's Request

The User may cancel his order by requesting it to CENA D'ARTE through the telephone number or e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After processing, CENA D'ARTE will try to deliver it, but the User has the option of not accepting it.

For the purpose of cancellation, the User must provide CENA D'ARTE with the following information:

1. a) Order number

2. b) VAT number with which you placed the order and delivery address

7.2 By decision of CENA D'ARTE

CENA D'ARTE 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. CENA D'ARTE 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 outside CENA D'ARTE .

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8. Return (Right of Termination)

8.1 Under the terms of DL no. 24/2014, of 14 February, amended by Law 47/2012, of 28 July and by DL no. 78/2018, of 15 October, Consumers, whose definition is provided for in the aforementioned legal diploma, they have the right to freely terminate the contract, up to 14 days after receiving the order, without any need for justification.

To exercise the right of free termination of the contract, the Client has the following options:

1. If you have not yet received the “Order Pickup Confirmation” email, clearly expressing your willingness to cancel the order via the email address […] or the contact form available on our website.

2. If you have already received the “Order Pickup Confirmation” , you must inform CENA D'ARTE of the return via email geral@cenadarte.com and return the order to the CENA D'ARTE address indicated above.

8.1.1  Effects of free termination of the contract. Whenever the right of free withdrawal is exercised by the Customer before the expiry of the 14-day period for this purpose, the Customer will be fully reimbursed for the price paid for the products and respective delivery costs.

Upon receipt of the returned products at our facilities, we will verify them, ensuring that they are complete and in the same conditions in which they were shipped. Once this verification is completed without any problem being detected, we will refund the amount paid using the same payment method used by the Customer for the original transaction.

CENA D'ARTE reserves the right to refuse the return of any product that has not been previously delivered to it, or that, if not, is in the same conditions in which it was shipped.

8.2. Contractual right to return products. Upon receipt of the products, the Customer may return and/or exchange them, under the terms indicated below. This right can be exercised for all products purchased or only for some of the products included in an order.

The Customer has 30 days, counting from the date of delivery of the respective order, to return the products purchased online. For this purpose, you must complete the return form, sent with the order, and send the respective product to our facilities. As defined in point 8.1.1, the Customer will be responsible for ensuring the delivery of the products at CENA D'ARTE's premises, not accepting any returns sent for collection.

Upon receipt of the returned order, CENA D'ARTE checks the conformity of the products in question, and the respective return is accepted.

8.3. Conditions for exercising the contractual right to return products. The contractual right to return the products applies exclusively to products that can be returned in the same conditions in which the Customer received them. There are no exchanges or returns of products that have been used, or whose labels have been removed and/or cut, or that show damage attributable to the Customer.

Any alteration of the products beyond the simple opening of the respective packaging invalidates the possibility of return or exchange.

Products must be returned using or cumulatively including:

1. The original packaging;

2. The order confirmation number and/or copy of the invoice/receipt;

3. The return form duly completed;

4. All product labels and packaging.

Once the returned products have been received, our services will verify them, verifying that they are in the exact conditions in which they were shipped, namely with all the labels and constituent parts/accessories, without having been used and without any damage caused by the Customer .

After validating the status of the products, CENA D'ARTE analyzes the original order and the return request, validating or rejecting the respective return.

If all the conditions described above are not met, the return will be refused and communicated to the Customer by email, which will also indicate the reasons for rejecting the return. The Customer has the option of requesting the return of products not accepted for return, assuming the respective return shipping costs.

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9. Product exchange

The photographs presented on the Website are for illustrative purposes only. As such, CENA D'ARTE recommends that the Customer consult the detailed description of the products in order to fully understand their respective characteristics.

Without prejudice, and if the product purchased does not correspond to what the customer wanted, the Customer has the possibility to request a size change at the CENA D'ARTE store.

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10. Price and payment

The price of the products will be as stipulated on our website, except in the case of an obvious error. Although we make every possible effort to ensure that the prices posted on the website are correct, there may always be errors. In case of an error in the price, CENA D'ARTE will immediately inform the Client, giving him the option to confirm his order with the correct price or cancel it. If it is not possible to contact the Customer, we will consider the order as canceled and all amounts paid will be refunded in full.

Prices shown include VAT at the legal rate in force in Portugal. These prices do not include the postage applicable depending on the destination, it is the customer's responsibility to pick up the item(s) at the CENA D'ARTE store. 

The prices shown can be changed at any time, and any changes will not affect orders for which the "Order Confirmation" has already been sent.

You can pay via bank transfer or PayPal .

Checkout and subsequent “Order Confirmation” is only possible after payment using a valid payment method.

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11. Intellectual Property

11.1. The Store is a registered website and the Service provided by the website itself is the responsibility of CENA D'ARTE .

11.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

11.3. The User acknowledges that any content appearing in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other property protection laws, so any use of these contents can only take place under the express authorization of the respective owners.

11.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely by refraining from performing any acts that may violate the law or those rights, such as reproduction, marketing, transmission or placement available to the public of such contents or any other unauthorized acts that have the same contents as their object.

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12. Service Security Conditions

12.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the law 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 CENA D'ARTE suspending or deactivating the Service as provided for in point 14.

12.2. The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overload, so CENA D'ARTE does not guarantee the provision of the Service without interruptions, loss information or delays.

12.3. CENA D'ARTE also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to CENA D'ARTE and which cannot be controlled).

12.4. In case of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, CENA D'ARTE undertakes to regularize its operation as soon as possible.

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13. Suspension and deactivation of the Store Service

13.1. Regardless of any prior or subsequent communication, CENA D'ARTE may, at any time, and at its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.

13.2. CENA D'ARTE also reserves the right to immediately suspend or terminate access to the Service, in the following cases:

1. a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;

2. b) When CENA D'ARTE ceases access to the Store, upon prior notice 15 days prior to the termination date.

13.3. The suspension or termination of the Service by CENA D'ARTE , under the terms of the previous numbers, does not affect the User's or third parties' right to any indemnity or other compensation, and CENA D'ARTE cannot be held responsible or in any way burdened by any consequences resulting from the suspension, cancellation, cancellation of the Service.

13.4. In the situations described above, CENA D'ARTE will notify the User, in advance, so that the User can, if desired, safeguard the content of his/her order viewing area within 3 (three) working days from the sending of the e- e-mail or making information available on the main page of the Service.

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14. Communications

14.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or by telephone .

14.2. The User accepts to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone and or email address (“e-mail”) indicated in the order process.

At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the option “Not receive the Newsletter” registered in each Newsletter.

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15. Technical Settings

15.1. Without prejudice to the provisions of the following paragraph, CENA D'ARTE may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) ) days.

15.2. The current version of these General Conditions and their annexes is available on the website www.cenadarte.com  

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16. Updates

16.1. Whenever CENA D'ARTE deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it will be able to remotely reformulate the network configurations.

16.2. Without prejudice to the provisions of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, CENA D'ARTE may change its technical configurations whenever deemed convenient to adapt it to any technological developments .

16.3. CENA D'ARTE does not, however, guarantee the User to carry out any upgrades or improvements to the Service.

16.4. Some updates or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.

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17. Complaints

17.1. The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or will be legally established, as well as complain to CENA D'ARTE of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

17.2. The claim must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, and registered in CENA D'ARTE's information systems, which must decide the claim and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt

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18. Entire Agreement

These Conditions, including the Privacy and Cookie Policies, constitute the complete agreement between the Client and CENA D'ARTE regarding the use of the website.

Its Policies are an integral part of these Conditions, which cannot be separated from that.

CENA D'ARTE may, at any time, update, modify or replace any part of these Conditions and the Policies associated with them, advertising them in a proper place on the website's home page or via email, and it is also the responsibility of the Client check this page periodically for any changes, the new version always prevailing over any previous version.

The Client acknowledges and accepts that access to and continued use of the website and associated services following the posting of any updates, modifications or replacements to the Website Conditions and the Policies associated with them constitutes acceptance and agreement to such updates, modifications or replacements.

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19. Governing Law

The Contract is governed by Portuguese law.

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