Terms and Conditions of the Service
1. Comercial Politics
1.1 The "seller" Caról Sá Marta Art has products for sale and services on the carolinasamarta.wixsite.com/fineartanddesign website, and the "ecommerce" services and products are available exclusively to end users / "consumers" .
1.2 “Consumer” indicates the individual who acts / buys outside his business or profession. If you are not a "consumer", we ask that you do not make purchases on the online store website carolinasamarta.wixsite.com/fineartanddesign.
1.3 Caról Sá Marta Art reserves the right to not process orders received from users who are not "Consumers" or from those that do not comply with the general conditions of sale of Seller Caról Sá Marta Art.
1.4 These general terms and conditions of sale exclusively regulate the offer, transmission and acceptance of orders placed on carolinasamarta.wixsite.com/fineartanddesign between the consumers of the online store of Caról Sá Marta Art (carolinasamarta.wixsite.com/fineartanddesign) and the seller.
1.5 The "Consumer" must provide the "Seller" with an email address, or the data relating to another form of contact, which are correct and complete and accepts that the "Seller" can contact him using these data, if he deems it necessary.
2. How to order a service
2.1 To order at carolinasamarta.wixsite.com/fineartanddesign it is necessary that the user has an e-mail account and that his/her browser is configured to accept cookies and pop-ups, in order to allow the enjoyment of all the navigability conditions of the online store Caról Sá Marta Art.
Placing an order on the Caról Sá Marta Art website is easy:
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Fill out the contact survey in “Contacts”;
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Select the service you are interested in;
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You will receive a confirmation email;
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After that, you will be notified about possible dates to schedule a video call;
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Once a date is picked by you, we will chat about your project’s goals and need
We reserve the right to not accept your service order, or to cancel it even after automatic confirmation of your order. By sending the order form you are accepting the general purchase conditions, as well as other conditions existing on carolinasamarta.wixsite.com/fineartanddesign, through links, including the general terms and conditions of use.
The seller may not process orders that do not have a sufficient guarantee of a good purchase; when the services ordered are no longer available. In the referred cases, we will inform you by e-mail that the sales contract was not concluded and that the seller did not proceed with the sale, specifying the reasons for this
If the product/services presented in the online store (carolinasamarta.wixsite.com/fineartanddesign) are no longer available at the time of their last access or when the seller receives the order, the seller must inform about their unavailability within 30 days after receiving the order. If an order has been placed and payed for products / services that are no longer available, the seller will refund the money paid for the unavailable products / services.
2.2 Right of not acceptance of the order or cancelling the purchase
Caról Sá Marta Art reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us), (among others) in the following situations, exempt from liability for any damages or costs:
● The service / product is no longer available / in stock (payments will be returned);
● The invoice information is not correct or verifiable;
● The order is signaled by our Security Systems as an incorrect order or an order susceptible of fraud;
● The transfer for payment of the order was not received by us within 5 to 7 days after the acceptance of your order;
● If we confirm you are under 16;
● If we confirm you are a reseller;
● It is not possible to deliver to the address provided.
2.3 Data verification
After receiving the order we can carry out some checks on it before we prepare it.
These checks can include address verification, credibility and fraud verification. Regarding fraud verification, we perform partially automated checks on all orders to filter out unusual, suspicious or identified transactions that are susceptible of fraud. If we do suspect fraud will be investigated and, if necessary, prosecuted. By confirming your order it means that you agree to these conditions.
3. Guarantees and product price indication
3.1 Payment Methods
You can find the payment methods available in the FAQ's section of the website. We do not accept any payment method other than those mentioned. Please do not try to pay by any means other than specified. If you do, we cannot be held responsible for loss of payment or any other damages that may result from it.
3.2 Payment processing
If you pay with a Credit Card we will deduct the amount due from your account as soon as your order leaves. In the case of payment by Credit Card, all details (for example, card number or expiration date) will be sent by the encrypted protocol to the company that provides the remote electronic payment services, without third parties being able to access the information transmitted.
This information will not be used by Caról Sá Marta Art except to carry out the necessary procedures for the purchase or refund, in case of return, in accordance with the exercise of the right of return or for reporting, to the police, of fraud cases. The purchase price of the products / services and transport costs, as indicated on the order form, will be charged to the current account when the products / services purchased are actually shipped.
4. Orders Security
4.1 The carolinasamarta.wixsite.com/fineartanddesign store uses the most robust security technology among the encryption platforms available. Your payment information will be encrypted from the moment you enter, until your transaction is processed and will not be stored on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed.
Caról Sá Marta Art cannot be held responsible for any damage suffered as a result of the use of electronic means of communication including, but not limited to, recurring damage from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for virus communications or transmissions. If you choose to pay by ATM reference, we will start processing your order after we have received the payment. This can take several days. Once 5 calendar days have passed after placing the order, and if we have not received any payment, it will be canceled.
If you choose to pay by Paypal, we will start processing the order after we have received the payment. This can take several days. Once 7 calendar days have passed after placing the order, and if we have not received any payment, it will be canceled.
Payments can only be processed if the information used for invoice can be verified.
5. Property Reservation
Caról Sá Marta Art owns the company's products until it has received the full payment of all these products.
6. Prices
6.1 The prices of the products displayed on the website do not contain / include Value Added (VAT). Shipping charges are applied per order. The exact price of the shipping fee will depend on the country where your order will be delivered. For additional information on shipping rates by country, see the FAQ's section of the website.
6.2 Prices are all quoted in euros (€). Please note that changing the country of delivery may have an influence on prices due to shipping costs.
6.3 Total price
The total price specified in the order confirmation email includes taxes and shipping costs. Prices are quoted after order confirmation, which you can print or download for future use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.
6.4 Price changes
The prices of products presented on the website can be changed. Caról Sá Marta Art reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
6.5 Price errors
Please note that even though the website is updated with extreme care it is possible that the price information on the website may contains errors. Caról Sá Marta Art does not commit with the offer and reserves the right to cancel your order in the event of such an error occurs.
7. Quality and Guarantee
Caról Sá Marta Art does not sell second-hand products / works, defective or of inferior quality to the standards of those existing on the market. The main characteristics of each product shown on carolinasamarta.wixsite.com/fineartanddesign can be found on each product page. The products / works offered for sale on carolinasamarta.wixsite.com/fineartanddesign may not correspond exactly to the real aspect in terms of image and colors, due to the Internet browser and monitor used.
All products / works have a trademark identification. Do not remove the identification of the brand, with the risk of violating the copyright of the work.
If you decide to exercise the right to return purchased products, Caról Sá Marta Art has the right to not accept the return of products that are returned without the trademark identification; which have been altered from their original state or damaged.
8. Shipping and Delivery
8.1 Delivery: where and when
We deliver products from Monday to Friday from 9am to 6pm. We do not ship on certain holidays. We can only fulfill the delivery of an order if the delivery address is a home or office located in one of the countries mentioned in the list of countries available in “Shipping and returns”, at the bottom of the website.
To receive the order it is necessary to ensure that someone is at the address agreed. This service does not include scheduling or appointment options, so the delivery of the order will be made without prior contact by the carrier. We do not guarantee this term in the periods of promotions, sales, Christmas and stock out. A delivery is considered effected or a product is considered delivered with the signature of the delivery receipt at the agreed address.
8.2 Delivery deadlines
If you confirm your order on a business day until 12 noon and proceed with the payment by Credit Card or via Paypal, your order will be sent on the next business day (weekends and holidays are not considered business days). If you choose to pay by ATM reference, shipping is less effective, since we will only ship after receiving the payment. This can take between 5 to 7 days.
In the case of orders of personalized products (as in the case of illustrations), your order will be sent on the business day following the approval of the final result by the customer.
Caról Sá Marta Art will not be responsible for non-compliance, or delays in the fulfillment, of any obligation that is due to an event of major force , that is, an event, act or omission, beyond its reasonable control (Event of Major Force - which includes any event, act or omission, beyond the reasonable control of the "Seller"). We will try to deliver on time, to the extent of what is commercially reasonable. As a rule, we always do this, however, we cannot guarantee to delivery everything on time.
8.3 Parcial deliverys
Whenever possible we will try to deliver everything in just one shipment. However, we reserve the right to split the delivery of the order, for example (but not limited to) if part of the order is late or unavailable. In the event that we proceed with the division of the order, the customer will be notified, by email, of our intention to proceed in this way. For this purpose, the email address provided by the customer at the time of purchase will be used.
8.4 Inspection upon delivery
Upon delivery, the customer must inspect the packaging in order to verify any damage. If the customer finds that the products are damaged, he/she must not accept the delivery of the order, which will be returned. Caról Sá Marta Art will proceed with the refund of the amounts paid for the order and transportation, as soon as it receives and completes the return process. Any claim for non-receipt of an order must be made within a maximum period of 30 days from the date of when the order was placed. At the end of this period, Caról Sá Marta Art cannot be held responsible for its loss.
We are only responsible for deliveries to customers who have the SMS with the order number code. We advise to not delete the message with the order number code, before it is delivered to the client.
9. Shipping fees
9.1 Shipping charges are applied per order. The exact price of each shipment depends on the country of delivery. For more details on the shipping price by country, please go to "Shipping and returns" at the bottom of the website.
10. Returns and cancellations
10.1 Order cancellation before shipping
The customer can cancel the order, as long as it has not yet been finalized. If the customer places an order and has not yet made the due payment, there is a possibility that it can still be canceled. However, the customer must contact us through the website carolinasamarta.wixsite.com/fineartanddesign and request the cancellation of his/her order, within 24 hours after the order has been placed. Only after this procedure it is possible to cancel the order.
If the cancellation request is successful, the customer will be notified by email of this decision and the cancellation will be processed at no cost to the customer.
If the cancellation request it is not possible, the products will be sent to the customer, who, in case he/she maintains the intention to cancel the order, must refuse to receive them. The products will be returned and, after receipt, the chargeback will be processed.
10.2 Return of defective products
The customer has the right to return the delivered products if it is found that they have defects or other non-conformities in relation to the products ordered. The return can be made within 30 days after receiving the order. This does not affect your statutory rights. If your complaint is justified, the price and shipping costs will be refunded. For more information on how to return and information on the refund, please refer to the FAQ's menu on the website.
10.3 Return of products due to withdrawal
If for any reason you are not satisfied with the products you have ordered, you can return them within 14 calendar days after the delivery, as long as:
● The products have not been damaged or adulterated;
● The product maintains its original characteristics and the packaging is undamaged (carefully opened packaging will not be considered damaged);
10.4 Return of offers
Currently, it is not possible for a person who received a product as an offer from another person to return it. In this case, to proceed with the return, you must contact the person who bought it, in the sense that he/she proceeds to return it, according to the Return Conditions.
10.5 Product exchange
We do not accept exchanges of personalized products or works / paintings.
10.6 Return information
If your return is justified by the existence of a defect or non-conformity with the ordered products, Caról Sá Marta Art will bear the costs of shipping and return. If your return was made for reasons other than the justified existence of a defect or non-conformity of the ordered products, Caról Sá Marta Art will not refund the shipping costs. However, when making a return you will be using our transport provider. As the costs incurred by Caról Sá Marta Art to make the return are equal to the shipping costs, Caról Sá Marta Art will not refund the expenses related to the shipping costs initially borne by the customer for the respective order.
Refunds will be made based on the payment method. If the customer makes the payment by ATM reference, the customer must provide his/her bank details, at the moment he/she starts the return process. This indication is necessary so that we can refund the money to your account. The customer will receive a refund after the product (s) have been returned and processed.
For additional information on the return process and refund times please refer to the FAQ's section of the website. Please read the help instructions in that section and follow the instructions carefully to avoid unnecessary delays.
11. Customer Support
11.1 For additional information, you can contact the seller via email to carolsamarta@gmail.com with the subject “Customer support”, or you can do so through our contact form on “Contacts”. You can also obtain information in the FAQ's menu on the website.
12. Conditions applicable to Promotional Codes (discounts)
12.1 When used according to the established rules, a promotion code enables the user to enjoy a promotion / discount related to the purchase of a specific product or of a set of products, during the period indicated / associated with the promotional code / promotional campaign.
12.2 Promotional codes can only be used for online purchases made on the website. The sale, exchange or donation of a promotional code is not permitted. The customer with the promotional code cannot upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.
12.3 The promotion code is connected with the brand Caról Sá Marta Art. It is not allowed to use the promotional code in connection with another brand, company or name. It is also forbidden to use the promotional code in an illegal, abusive or disrespectful way, as well as in any other way that could damage the reputation of Caról Sá Marta Art.
12.4 The use of the promotional code is subject to only one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.
12.5 Promotional codes are not exchangeable for cash.
12.6 Caról Sá Marta Art has no obligation to reissue or refund promotional codes. However, in the event that Caról Sá Marta Art decides to reissue or refund a promotional code, you need to have access to the initial promotional code. To do so, it is necessary to keep a copy of your promotional code, otherwise it cannot be reissued or replaced in case of loss.
12.7 In the cases in which Caról Sá Marta Art reissues / refunds the promotional code, the discount of this value can only be applied to a purchase of an amount equal to or greater than the purchase in which the discount / promotional code was issued.
12.8 Without prejudice to any other rights, Caról Sá Marta Art may have / has the right to immediately invalidate the promotional code, if Caról Sá Marta Art has reason to suspect that a promotional code is being used: with violation of the assumptions mentioned above, for usurpation or in other cases in which Caról Sá Marta Art has reason to do so.
13. Availability
The satisfaction of all orders placed on the website is subject to availability. Caról Sá Marta Art tries to ensure that all items and services offered for sale on the website are in stock / available. However, Caról Sá Marta Art reserves the right to not accept any orders or to cancel orders already confirmed for products / services that are no longer in stock / available. In these cases, Caról Sá Marta Art will inform the customer of this fact and will refund the amount paid.
14. Promotion Validity
The offers on the website are only valid for the time they are displayed on the website, unless otherwise stated on the website. Caról Sá Marta Art is not linked to any offer, if there are errors or mistakes in spelling, prices or others in the information on the website. Caról Sá Marta Art reserves the right to cancel any purchase and sale that may be ordered under such errors.
15. Responsability
15.1 Caról Sá Marta Art will only be liable for damages suffered by the client in the event that such damages result from violations attributable to the contractual obligations of Caról Sá Marta Art to the client, or in the event that Caról Sá Marta Art's liability results from the applicable legal law.
15.2 If the customer has suffered damage related to the activity of the website, Caról Sá Marta Art's liability will be limited to:
● Damage to Caról Sá Marta Art products or other materials;
● Reasonable and verifiable costs incurred by the customer to find the cause and amount of damages attributable to the damage;
● The maximum refund of the afore mentioned compensation will be (if applicable) the price of the products envolved.
15.3 Caról Sá Marta Art cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. Caról Sá Marta Art cannot be held responsible for the damages suffered by the customer as a result of improper use of our products.
15.4 Caról Sá Marta Art is not responsible for damages resulting from incorrect information on the website.
15.5 In the event that the customer suffers damages that are the result of serious negligence or fraud on the part of Caról Sá Marta Art, none of the limitations contained in this article apply.
16. Applicable Law
The present general conditions and all emerging disputes that are related to these general conditions, including their validity, the use of the website or any purchase on it must be governed by the Portuguese law.
17. Changing of the Terms & Conditions
Caról Sá Marta Art has the right to change these Terms & Conditions at any time. The customer is affected to the principles and terms in force on the date of his order, unless the law or the competent authority imposes any changes to them.
18. Information on the Website
Although Caról Sá Marta Art works on its website with great care, the information, texts, graphic documents, films, music and / or other services may contain errors, be incomplete or incorrect.
Caról Sá Marta Art cannot be held responsible for any damages resulting from the use (or inability to use) the website, including damages caused by viruses or any inaccuracy or imperfection of the information, unless such damage is the result of intent or negligence on the part of Caról Sá Marta Art.
19. Trademarks and copyright of the website
All brand names, product names and titles used on the website are registered trademarks of Caról Sá Marta Art or registered trademarks and registered names of other holders.
The user / customer of the site is not authorized to use or reproduce any of these trademarks or registered names as this constitutes a violation of the rights of the owners. Everything regarding the design, texts, documents, images, films and / or other services of the website, the selection and organization of the same, as well as the entire compilation of software (including applets) and all other materials on the website are property of Caról Sá Marta Art and its suppliers.
Users / customers are only allowed to electronically copy and print portions of the website if necessary to place an order or to use the website as a source for purchase.
The user / customer is not authorized to make any other use of the website or of the information and materials contained in there, including reproduction for purposes other than those mentioned above, modification, distribution or republication.
If the user / customer intends to use information or materials from the website, they need to obtain prior written authorization and granted by Caról Sá Marta Art.
20. General e-gift conditions
The e-gifts acquired or issued through our online store are for exclusive use on carolsamarta.com.
After purchasing or issuing an e-gift, it cannot be converted into cash and cannot be refunded for any other type of payment (bank transfer, VISA / MASTERCARD or Paypal).
If you have selected the e-gift refund method on your return, it will be sent to the email of your order, as soon as the conformity of your item is validated upon the reception of it.
This e-gift, generated in the context of a return, is not convertible into cash or the payment method used by the customer in the original order.
Refunds on orders paid with e-gift will always be returned by the same method, which means, e-gift.
An e-gift can be used for purchases above or below your balance. If the value of your purchase is higher, you will be asked to pay the remaining amount. If the value of your purchase is lower, the code of your e-gift keeps the excess value in balance. Your e-gift can be used as long as it has a balance.
You can use more than one e-gift in the same order.
The acquisition of e-gifts cannot be combined with campaigns, discounts or promotions.
The use of e-gifts is valid on any item and it can be combined with campaigns, discounts and promotions.
The use of e-gifts is only allowed to registered customers.
21. Alternative dispute resolution
Alternative dispute resolution is the possibility that all consumers have at their disposal to appeal to official entities that can help them in the resolution, or guidance of any conflict. The Online Dispute Resolution website is an official website run by the European Commission dedicated to helping consumers and traders to resolve their disputes outside the courts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Customers who are defined as consumers by Law 144/2015 and who have celebrated a purchase and sale and / or provision of services contracts, have the right to use official entities to assist them in resolving any conflict concerning such contracts, without prejudice to the use of judicial courts. The updated list of Alternative Dispute Resolution entities available under the terms of article 17 of Law no. 144/2015, of 8 September, are listed on the Consumer Portal, accessible through the website www.consumidor.pt. For more information you can also consult the Law 144/2015. We also inform you that, to settle disputes that originate from online purchases, you can use a resolution system, called “ODR Platform - Online Dispute Resolution / RLL”, created by the EU.
In any case, you can contact one of the centers designated below.
Alternative Dispute Resolution Entities:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
http://www.arbitragemdeconsumo.org
CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
http://www.arbitragemdeconsumo.org
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
http://www.centrodearbitragemdecoimbra.com
Centro de Arbitragem de Conflitos de Consumo de Lisboa
http://www.centroarbitragemlisboa.pt
Centro de Informação de Consumo e Arbitragem do Porto
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave / Tribunal Arbitral
European Online Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
If the user / client intends to use information or materials from the website, they need to obtain prior written authorization and granted by Caról Sá Marta Art.
Address of Caról Sá Marta Art:
Street Francisco José S/N - Lobazes
3220-113 Miranda do Corvo
TIN: 239389239