General terms and conditions of purchase and use of the Drartus website

1. Scope of application

The use of this website and the purchase of products through it is subject to these Terms and Conditions. By accessing and using the website and/or making a purchase through it, the user agrees to these Terms and Conditions. It is therefore imperative that you read them carefully. If you do not agree, you should not use this website.

We reserve the right to amend these Terms and Conditions at any time without prior notice. Changes will take effect immediately after they are posted on the website. By using the website following the posting of any changes to the Terms and Conditions, you agree to the updated Terms and Conditions.

2. Our data

If you need to contact us, you can do so via the landline +351 234384057, the mobile +351 918715007 (including via whatsapp), email: [email protected], or you can go to our physical shop at Avenida 5 de Outubro, nº 19, 3800-428, Aveiro.

3. Use of our website

By using our website and placing orders through it, the customer undertakes to:

• Be at least 18 years old and have the legal capacity to enter into contracts.
• Provide you with all the information necessary to process your order (please consult our privacy policy).
• Do not use this website to make illegal enquiries or orders.
• Do not place any false or fraudulent orders.
• Not to misuse this website for the intentional introduction of viruses, trojans, logic bombs or any other technologically harmful or damaging material.
• Not to gain unauthorised access to this website, the website server or any server, computer or database related to this website.
• Do not attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with these clauses will lead to non-authorisation to use the website and, if the action involves the commission of offences typified by the applicable legislation, we will inform the competent authorities and cooperate with them. We shall not be liable for any data or losses resulting from a denial of service attack, viruses or any other technologically harmful or damaging programme or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it, or content to which it redirects.

4. Product

The product images available on our website are merely illustrative and as accurate as possible, with the aim of reproducing the product identically as it is in reality. Bearing in mind that some products are handmade or have been altered by the producer, there may be slight differences between the image and the product sent.

If you have any questions, please contact us before making your purchase.

5. Order fulfilment

The items featured on our website are available for delivery throughout Portugal, including the islands.

To place an order on the website, follow these steps:

• Select the products you want to buy and add them to your shopping basket;
• Click on "view basket" and confirm the items added;
• Enter the discount code, if applicable;
• Select the shipping method;
• Click on "finalise purchase":
• You must fill in all the obligatory billing details, and an email account and telephone contact are required.
• For greater convenience in managing orders, receiving our promotions and news, and speeding up future purchases, create an account.
• If you would like your order to be sent to an address other than the billing address, click on "send to a different address?" and fill in the required fields.
• Fill in any additional information you consider necessary for the processing of your order or for the delivery service in the order notes.
• Select your payment method.
• Read and accept the General Terms and Conditions of Sale and click on "Finalise order". By doing so, you are entering into a sales contract with us.
• At the end of the order you will see a screen with the order confirmation and details, which you should keep with you. You will then receive an e-mail confirming receipt of your order.

By submitting your order, you accept the site's General Terms and Conditions of Sale, as well as the Privacy and Personal Data Protection Policies (Legal Notices) that appear in the footer of the website.

6. Failure to process the order

DRARTUS reserves the right to cancel any order, even if successfully placed, and disclaims liability for damages or costs, if any of the following situations occur:

• Product unavailable;
• Incorrect billing information;
• Payment not received;
• Error in the price of the product;
• Delivery of parcel not achieved at the address indicated for dispatch.

In these cases, the user will be informed by e-mail or telephone of the reasons for cancellation, with a view to resolving them within a maximum of 30 days.

7. Product availability

DRATUS will endeavour to keep stocks up to date on a daily basis. In the event of a one-off error, the customer will be informed via e-mail or telephone call to exchange the product in question for another that is available or to cancel the order.

If you do not wish to exchange and the order is for a single item, it will be cancelled and the customer will be refunded using the same payment method as the order, if it is available, within 30 days of the decision date. If you do not wish to exchange and the order includes more items that are available, we will send you the remaining products and the customer will be refunded the value of the unavailable product, using the same payment method as the order, if it is available, within 30 days of the decision date.

8. Price

The prices shown on the website include VAT (value added tax) at the legal rate in force, and are exclusive to the website. Prices may differ from the physical shop.

Prices and product specifications are subject to change without prior notice. DRARTUS will endeavour to keep prices up to date on a daily basis, however some products may be incorrectly priced, so we will check prices whenever we receive a new order.

If the price of the product is lower than the advertised price, we will refund the difference by the same payment method used, if this is available.If the price of the product is higher, we will inform the customer by email or telephone contact as soon as possible and await their decision to accept the new offer and pay the difference or cancel the order.

9. Payment methods

In order to offer the most convenient solutions for the user, the site offers the following payment methods:

• Bank transfer;
• MB WAY;
• Multibanco reference;

If you choose to pay by MB WAY, you fill in all the payment information directly on the secure page of the electronic payment service provider. The customer confirms that the credit/debit card is theirs or that they are the legitimate owner of the payment card. Credit cards are subject to checks and authorisations by the issuing bodies, but if they do not authorise payment, we will not be liable for any delay or non-delivery, and we will not be able to formalise any contract with the customer.

The invoice will be sent to the user by e-mail, in PDF format, when the order is dispatched. By placing your order, you accept this condition. The order dispatch process will begin after confirmation that the order has been successfully paid for. Orders for which payment has not been successfully made will be cancelled after 48 hours.

10. Shipping methods

Customers can choose to pick up at a physical shop, free of charge. The physical shop is located at: Avenida 5 de Outubro, nº 19, 3800-428 Aveiro. To do this, you must select the "Pick up in physical shop" option in the shipping methods. The customer will receive an email as soon as the order is available for collection, with all the necessary details: location and order code.

If you want the order to be sent to an address, you must select that shipping method option and enter all the mandatory details requested. The shipping costs will be shown. The customer is responsible for the veracity and accuracy of the shipping details provided. In the event of an error in the address provided by the customer, which makes a second delivery necessary, the costs will be borne by the customer. The order dispatch process will begin after confirmation that the order has been paid for.

Without prejudice to the provisions of the Product Availability Clause, and unless extraordinary circumstances occur, the order will be dispatched within 30 days of the date of payment. However, delays may occur for any of the following reasons:

• product customisation;
• customised items;
• items priced at a quote;
• unforeseen circumstances;
• problems in the delivery area.

If we are unable to meet the delivery date, we will inform you of this and give you the option of continuing with your purchase by setting a new delivery date or cancelling the order and refunding the full amount paid.

The home delivery service is provided by CTT and operates on working days between 9am and 7pm.

Delivery times are set after confirmation that orders have been properly paid for (except for reasons of force majeure):

• 1 to 5 working days for mainland Portugal
• 8 to 10 days for the Madeira Archipelago (irregularities in connections to islands not covered by the carrier may jeopardise these deadlines);
• 11 to 20 days for the Azores archipelago (irregularities in connections to islands not covered by the carrier may jeopardise these deadlines. Shipments to the islands of Corvo, Flores and Graciosa may add 6 to 12 working days to the indicated delivery time).

For orders that include products priced on request (products with special characteristics or high weight or volume), shipping is only possible to mainland Portugal, and the shipping time and associated costs will be made available on request, after analysis and availability.

Upon receipt of the items, the customer must confirm the entire order in the presence of the carrier. In the event that the customer considers that there is a defect/damage/item that does not coincide with the order, the customer must note this on the carrier's delivery note and refuse to accept it.

11. Impossibility of delivery

The carrier will leave a delivery attempt note, via email or mobile phone, indicating where your parcel is and what to do so that it is properly received on the second delivery attempt. Please note that in the event of non-delivery of the product within the stipulated timeframe, after the two attempts included, you will be charged for the costs of storing the products and new delivery attempts.

12. Transfer of risks and ownership of products

The customer will acquire ownership of the products when we receive full payment for them, including delivery costs. The customer is responsible for the products from the moment they are delivered.

13. Order cancellation

Orders for which payment has not been successfully made will be cancelled after 48 hours. You can cancel your order during the order preparation process and before it is dispatched, if it is not a personalised or bespoke order that is already in production. To find out if you can cancel your order, please contact us using our online form or the contact details available on our website.

14. Right of Free Resolution

In accordance with current legislation, the customer has the right to exercise their right of withdrawal, without having to state the reason, within 14 days:

1) From the day on which the consumer or a third party, other than the carrier, indicated by the consumer acquires physical possession of the goods, in the case of purchase and sale contracts, or:

2) From the day on which the consumer or a third party, other than the carrier, indicated by the consumer acquires physical possession of the last good, in the case of several goods ordered by the consumer in a single parcel and delivered separately;

3) From the day on which the consumer or a third party, other than the carrier, indicated by the consumer acquires physical possession of the last lot or item, in the case of the delivery of goods consisting of several lots or items;

To exercise the right to freely withdraw from the contract, the customer can contact us via the online form or via the contacts available on our website, within this legal deadline, by means of any unequivocal declaration of withdrawal from the contract.  

The user can return the product, with the exception of:

• Personalised or made-to-measure items;
• Sealed products that have been opened;
• Products that have been used, tampered with or show signs of use;
• Products that do not retain their original characteristics and original packaging;
• Intimate fashion and personal hygiene products, such as panties, nail clippers, nail clippers or files.

Products must be delivered in their original packaging, without defects or signs of use, together with your invoice. Return costs will be charged to the customer. Please note that if you decide to return items to us collect, they will not be accepted. After examining the condition of the item, we will let you know if you are entitled to a refund. Returns will be made as soon as possible and, in any case, within a maximum of 14 days from the date the item is returned to us. Returns will always be made by the same means of payment used by the customer to pay for the purchase.

15. Defective products

In cases where the customer considers that, at the time of delivery, the product is not in the correct condition or is defective, the customer must contact us within the legally established 30-day period, using our online form or the contacts available on our website, indicating the details of the defects and imperfections that the product presents. In accordance with the law, you can choose to cancel the order with a refund, replace the product with a new one or reduce the price accordingly. The return with refund, the replacement of the product or the appropriate reduction in the price paid for the item must take place within 30 days of receiving the product in the shop and confirming its defects and imperfections. The refund will be made using the same payment method that was used to pay for the purchase.

16. Method of reimbursement

The value of the products to be returned will be refunded using the same payment method as the online order, whenever possible. If payment was made by ATM reference, the refund will be made by bank transfer, and the customer must indicate their IBAN for this purpose via email. The refund will be made within a maximum of 14 days from the date of receipt of the product at the physical shop and confirmation of this right. In any case, the customer will not pay any fees for the refund.

Any questions on this subject can be asked via our online form or via the contact details available on our website.

17. Product guarantee

The guarantee for a product is valid from the date of issue of the invoice, for 3 years, on presentation of the invoice. Products that have been misused or incorrectly handled/applied by the user are excluded from the scope of the guarantee. To activate the guarantee, the user must go to the physical shop or contact us via our online form or the contacts available on our website.

18. Campaigns and Promotional Codes

Whenever there is a campaign in force on the website, its specific conditions such as description, user eligibility, duration, exclusions, etc., will be duly detailed on the respective campaign page. Campaigns available on the website and promotional codes are only valid for purchases made on this website.

19. Exclusions

DRARTUS warns that even though the website is updated with the utmost care, it is possible that the information on the products and their price may contain errors, so it does not commit itself to the offer and reserves the right to cancel the customer's order should such an error occur.

DRARTUS will only be liable for damages that the customer may suffer as a result of the online sales service when these are attributable to its wilful misconduct, the customer recognising and accepting that the use of this service is carried out under their sole responsibility and risk. In jurisdictions that do not allow the exclusion or limitation of certain guarantees, DRARTUS' liability shall be limited to the extent permitted by law.

20. Processing of Personal Data

Access to and use of our website is subject to our Privacy Policy. By accessing and using this website you agree to our Privacy Policy.

21. Customer Support

Please send us your questions and suggestions, as well as any complaints or claims via our online form.
            Your complaints and claims will be dealt with as quickly as possible and, in any case, within a maximum of one month.
            If, as a consumer, you feel that your rights have been violated, you can send us your complaint via our online form to request an out-of-court dispute resolution.

• ADR Entities (Alternative Dispute Resolution Entities)
• CIAB- Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) http://www.ciab.pt;
• CNIACC- National Consumer Conflict Information and Arbitration Centre http://www.arbitragemdeconsumo.org/;
• If the purchase was completed on our website, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, you can initiate an alternative online dispute resolution procedure on consumer issues at the following address: http://ec.europa.eu/consumers/odr/

22. INTELLECTUAL PROPERTY

The customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are at all times ours or those of the person who has granted us the licence to use them. You may only use such material in the manner expressly authorised by us or by the person who granted us the licence to use it. This does not prevent you from using this website to copy information relating to your order or contract data as necessary.

23. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase contracts made through this website are governed by Portuguese law. This provision does not affect the other rights recognised to the consumer by current legislation.

If you have any questions, please contact us via the online form or email: [email protected].