General Conditions of Sale Online
PREAMBLE
These conditions are agreed between the company MICAELA LARISCH – Design, Lda., headquartered at Rua Gonçalves Zarco n.º 3346 – 4455-822 Santa Cruz do Bispo, Leça da Palmeira – Matosinhos, registered capital of € 30,000.00 under the unique registration and identification number of a legal person PT505353016, hereinafter referred to as “MICAELA LARISCH” and between any natural person of legal age or legal person wishing to make a purchase through the MICAELA LARISCH brand website - www.micaelalarisch.com, hereinafter referred to as “User”.
These general conditions apply to visitors to the website www.micaelalarisch.com and to any transactions of a commercial nature carried out through the MICAELA LARISCH virtual store available there. The parties agree that their relationships will be governed exclusively by the general conditions described herein.
ARTICLE 1 - PURPOSE
The present conditions are intended to define the general conditions of sale, established between MICAELA LARISCH and the User, from the act of ordering to the various services provided by MICAELA LARISCH, including the payment methods and the conditions of delivery of the goods.
These conditions regulate all the steps necessary to place the order.
ARTICLE 2 - ORDER
The User may place his order online, on the site www.micaelalarisch.com.
To place an order, the User must register on the website www.micaelalarisch.com, and must provide certain personal data for this purpose, such as his name, address, etc. For this purpose, the User must fill in all the mandatory fields of the registration form. Only natural persons who are of legal age or legal persons can create an account on the site www.micaelalarisch.com.
If you are already a registered User, you must identify yourself by logging in.
The validation of the order implies that the User has become aware of and expressly accepts these General Distance Selling Conditions, available for consultation on the website www.micaelalarisch.com, as well as the prices and description of the products made available to sale.
As soon as the purchase is completed, the User will receive an automatic email confirming the transaction. If the data is not correct, you can immediately request its change, or even the cancellation of the purchase made.
Pursuant to the provisions of Decree-Law no. 7/2004 of 7 January (as amended by Decree-Law no. 62/2009, of 10 March and by Law no. 46/2012, of 29 de Agosto), regarding electronic commerce, MICAELA LARISCH reserves the right to unilaterally cancel the order whenever there is a programming error, malfunction of MICAELA LARISCH's computers as well as when the contractual proposal arrives deformed at its destination and the error concerns an essential element of the contract.
ARTICLE 3 - DELIVERY
The cost of shipping costs will be in accordance with the following Tables.
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Table 1 - Orders up to 2kg:
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Table 2 - Orders over 2kg up to 5kg:
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Delivery of orders can be made:
- In your home:
The order is delivered to your home, at the address on your customer record. If you are not at the address you indicate, a postcard is left or an SMS is sent with the necessary information for rescheduling or picking up the same.
- At another address:
MICAELA LARISCH delivers your order wherever you want (subject to the list of countries in the table identified above). Simply indicate the desired address on the order form.
- In the Workshop:
The User may, if he wishes, carry out the collection of his order directly at the MICAELA LARISCH brand Atelier, located at:
MICAELA LARISCH – Design, Lda.
Rua Gonçalves Zarco, 3346
4455-822 Santa Cruz do Bispo
From Monday to Friday, from 9:00 to 12:00, 14:30 to 17:00, after receiving a message from the MICAELA LARISCH Team that the order is ready.
If the items in your order are all available in stock, the delivery time is on average up to about 8 to 10 business days.
If any item in your order needs to be produced, the shipping time is on average up to about 10 to 15 working days (except for temporary breakage of materials and raw materials). In this case, you will receive an email informing you, and you may be given the option of exchanging it for another item.
ARTICLE 4 - PAYMENT
MICAELA LARISCH offers the User several payment methods:
-With credit card (Visa and Mastercard);
The order and card details will be sent, duly encrypted, to the bank on the date of your order. After validation and communication from your bank, the order will be processed. In case of refusal, your order will be cancelled.
-With ATM:
When opting for this payment method, you will receive an email with the data to make the payment at an ATM or Homebanking service on the Internet. After receiving the data, you have 2 working days to make the payment. If you do not do so within this period, the order will be cancelled.
-With PayPal:
One of the most used payment methods for online purchases worldwide. at first, it is necessary to have a PayPal account. For more information or to create an account, see this page: https://www.paypal.com/ptIf you choose this payment method, the order amount will be debited at the end of the order.
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-By Bank transfer:
When choosing this payment method, you must make the bank transfer or deposit, within 48 hours after ordering, using the data below, and send proof to shop_online@micaelalarisch.com, indicating your order number.
SWIFT: BCOMPTPL
NIB: 0033 0000 0028 008488205
IBAN: PT50 0033 0000 0028 008488205
ARTICLE 5 - PRICES
Prices must be in euros, with taxes and fees included. The prices shown take into account the VAT applicable on the invoice date (currently 23%). Any modification of the applicable VAT rate will be reflected in the product prices.
The prices announced on the website www.micaelalarisch.com do not include shipping costs, which will be indicated to the User before validating the order.
Prices and specifications are subject to change without notice. However, once the order has been validated, prices cannot be changed. Despite its efforts, some products may have an incorrect price, which is why MICAELA LARISCH checks prices whenever it processes orders. If the price of the product is lower than the advertised price, MICAELA LARISCH will refund the difference. If the price is higher, MICAELA LARISCH will inform the User of such situation by email and will await his decision to accept the new proposal or cancel the order within 15 days from the date on which this was communicated to the User.
ARTICLE 6 - EXCHANGES & RETURNS
It is up to the User, when receiving the order, to verify that the articles and quantity delivered are in accordance with what was purchased.
After receiving your order, you have 15 days to return items that are not to your liking, or exchange them if you want another size or color of the same item (subject to availability).
Items to be exchanged or returned must be sent to the following address*:
MICAELA LARISCH – Design, Lda.
Rua Gonçalves Zarco, 3346
4455-822 Santa Cruz do Bispo
Or delivered in person to the same address, Monday to Friday, 9:00 - 12:00, 14:30 - 17:00.
* Shipping costs for items for exchange or return will be borne by the customer. The costs related to sending a new item (in the case of an Exchange) will be borne by MICAELA LARISCH and by the same method of sending the order.
About Exchanges and Returns
Items must be returned in their complete original packaging, after completing the respective forms available on the Micaela Larisch website:
Exchange or Return for Credit Account Credit
Upon receipt of the items at our facilities, we will proceed with the treatment of the exchange, or in case of return, of the credit in the current account in the amount paid for the item.
The current account will be credited within an average period of 7 days through the issuance of a voucher, if all the conditions for this are met (reception and validation of the return, existence of all the necessary data, return of the respective signed Credit Note, etc), so that you can use this amount in a new purchase in the Online Store, within a period of 180 days (approximately 6 months) after the voucher is issued.
Exchanges will be made within a period of 10 to 15 business days after receipt of the item to be exchanged.
ARTICLE 7 - RIGHT OF FREE RESOLUTION
The User has the right to freely terminate this contract within 14 calendar days, without the need to indicate any reason. The period for exercising the right of free resolution expires 14 days from the day following the day on which you acquire or a third party indicated by you, other than the carrier, acquires physical possession of the goods.
In order to exercise your right of free resolution, you must notify us, in writing, to MICAELA LARISCH – Design, Lda. - Rua Gonçalves Zarco, 3346 - 4455-822 Santa Cruz do Bispo, or email to devolucao@micaelalarisch.com | comercial@micaelalarisch.com your decision to terminate this contract by means of an unequivocal statement (for example, letter
sent by post or email).
In order for the free resolution period to be respected, it is enough that your communication regarding the exercise of the right of free resolution is sent before the end of the resolution period.
In the event of termination of this contract, you will be refunded all payments made, including delivery costs (with the exception of supplementary costs resulting from your choice of a shipping method other than the less expensive method of normal shipping offered by us ), without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to terminate this contract. We make these refunds by bank transfer, for which the User must indicate the IBAN at the time of communicating their intention of Free Resolution to MICAELA LARISCH; the User does not incur any costs as a result of such reimbursement.
We may withhold the refund until we have received the returned goods, or until you provide proof of shipment of the goods, whichever comes first. You must return the goods or deliver them to us or to MICAELA LARISCH – Design, Lda. | Rua Gonçalves Zarco, 3346 | 4455-822 Santa Cruz do Bispo, without undue delay and no later than 14 days from the day you inform us of the free termination of the contract.
The deadline is considered to be respected if you return the goods before the 14-day deadline has expired.
The User will have to bear the direct costs of returning the goods.
Declaration of Free Resolution
The purchase of articles that will be produced after the formalization and validation of the purchase, as well as those produced on request according to the specifications provided by the Customer or manifestly customized for the Customer, are excluded from the Right of Free Resolution.
In case you need any further clarification, you can always contact 912 898 005 and speak with someone from the MICAELA LARISCH Team, from Monday to Friday from 8:30h to 12:30h or from 14:00h to 17:00h (these times are subject to change). Or send an email to: shop_online@micaelalarisch.com
ARTICLE 8 - WARRANTY & AFTER-SALES ASSISTANCE
LEGAL GUARANTEE
Under the terms of the legislation in force (Decree-Law no. 67/2003, of 8 April, with changes introduced by Decree-Law no. 84/2008, of 21 May), all products sold on www.micaelalarisch.com are covered by a guarantee of conformity of the goods corresponding to a period of 2 (two) years from the delivery of the goods.
If the product purchased is defective or malfunctioning, the User must report the situation to the MICAELA LARISCH Team, informing the order number and the description of the defect or malfunction:
- by E-mail: shop_online@micaelalarisch.com
- by Mail: MICAELA LARISCH – Design, Lda. Rua Gonçalves Zarco, 3346 - 4455-822 Santa Cruz do Bispo
The costs of returning or collecting items within the warranty period will be borne by the User.
Upon receipt of the item at MICAELA LARISCH's facilities, it will be checked and, in the event of any lack of conformity, the item will be repaired or replaced, if repair is not possible. In this case, MICAELA LARISCH will send the repaired item or the new item to the User's address at no additional cost.
If the item is no longer available and cannot be repaired, MICAELA LARISCH will credit the amount paid for it to the current account or exchange it for another item, if the User prefers.
If the verification carried out by MICAELA LARISCH shows signs of misuse, and/or any problem that may have caused the defect or malfunction of the item (eg drop, humidity, etc.) the article is repaired, if it is capable of repair. In this case, a quote will be sent to the User with the costs inherent to the repair, only after approval will a Proforma Invoice be issued for payment by Bank Transfer. Only after MICAELA LARISCH has received confirmation of payment will the items be repaired, within a maximum period of 5 to 10 working days.
ARTICLE 9 - SIGNATURE AND PROOF
User data is strictly personal.
The online indication of the bank card number and the final validation of the order, will constitute proof, in accordance with the legal provisions and will allow the enforceability of these amounts.
The validation of the purchase order implies that the User has become aware of and expressly accepts these General Distance Selling Conditions, available for consultation on the website www.micaelalarisch.com.
The data recorded by MICAELA LARISCH constitute proof of the set of transactions carried out between MICAELA LARISCH and the User. It is MICAELA LARISCH's responsibility to file the electronic document in which the contract is formalized and keep it accessible.
ARTICLE 10 - RESPONSIBILITY
All Products sold on the website www.micaelalarisch.com are in compliance with Portuguese legislation.
MICAELA LARISCH is not responsible for damages resulting from interference, interruptions, computer viruses, operating system malfunctions that may temporarily prevent access, navigation or the provision of services to the User.
MICAELA LARISCH declines any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, resulting from an error or insufficiency of the data communicated by the User. Likewise, MICAELA LARISCH cannot be held responsible if the breach of its obligations is attributable to an unforeseeable or insurmountable fact of a third party or to a case of force majeure.
ARTICLE 11 - PROCESSING OF PERSONAL DATA
The processing of personal data collected on the website www.micaelalarisch.com is the responsibility of MICAELA LARISCH and is implemented in accordance with the General Data Protection Regulation, in force since 2016.
The data collected on this site are necessary for the conclusion and execution of the purchase and sale contract, they are intended for the processing of orders and communication with the User, the processing of requests for information and eventual complaints, the statistical analysis and evaluation of satisfaction. The provision of the information requested within the scope of the User's registration is mandatory and the User guarantees that the information provided is true.
MICAELA LARISCH guarantees the confidentiality of all data provided by the User and ensures its conservation for a period of 5 years from the last contact with the User. Notwithstanding that MICAELA LARISCH proceeds to collect and process data in a safe way and that prevents its loss or manipulation, using the most perfected techniques for this purpose, we inform you that the collection in an open network allows the circulation of personal data without conditions of security, running the risk of being seen and used by unauthorized third parties.
If the User gives his express consent at the time of creating or changing his registration, MICAELA LARISCH may send information about products and services that may be of interest to him using his personal data for the purposes of direct marketing through any channel of communication, namely through the use of email, SMS, MMS or other forms of automatic calling, including sending the MICAELA LARISCH Newsletter.
If the User gives his express consent at the time of creating or changing his registration, MICAELA LARISCH may use his personal data to define his profile according to his preferences in order to adapt the proposals and communications that he receives. address.
The Customer is recognized, provided that duly identified, the right of access to personal data concerning him, as well as its rectification or erasure, and the limitation of the treatment, or the right to oppose the treatment, as well as the right to data portability. The User has the right to withdraw consent at any time with regard to the processing of their personal data for direct marketing actions. You can exercise your rights through the following means:
- by E-mail: shop_online@micaelalarisch.com
- by Mail: MICAELA LARISCH – Design, Lda. Rua Gonçalves Zarco, 3346 - 4455-822 Santa Cruz do Bispo
In case of complaint, the user must address the National Data Protection Commission.
The rights of access, rectification and elimination may be exercised by the Customer under the terms indicated above.
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements of the MICAELA LARISCH website, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the entity MICAELA LARISCH – Design, Lda.
In this way and under the terms of the Copyright Code and Related Rights, its use will only be authorized for private purposes, without prejudice to the more restrictive provisions contained in the aforementioned Code. Any total or partial reproduction or representation of the site www.micaelalarisch.com or all or part of the elements included therein is strictly prohibited, and must be subject to prior written authorization from MICAELA LARISCH – Design, Lda., under penalty of recourse to the competent legal means against those who act in this way
The User who has a personal website on the Internet and who wishes to place, for personal use, on his website a simple direct link to the homepage of the MICAELA LARISCH website, must request authorization from the entity MICAELA LARISCH – Design, Lda. In this case, it will not be an implicit agreement of affiliation or partnership.
In all cases, any hyperlink, even tacitly authorized, must be removed with a simple request from the entity MICAELA LARISCH – Design, Lda.
ARTICLE 13 - TOTAL AGREEMENT
These general conditions of sale constitute the entire agreement between the parties in question.
If one of the clauses of these conditions becomes null and void, due to a legislative, normative or judgment change, this shall not affect, in any case, its validity and respect.
ARTICLE 14 - EXPIRY DATE
All MICAELA LARISCH articles are valid up to the limit of stocks (either article or materials and raw materials) available.
ARTICLE 15 - TEST
Portuguese law applies to the sales conditions presented.