PURCHASE AND USE CONDITIONS
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of items through this website (www.thecorkmarketplace.com) (hereinafter as “Terms”).
These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
If you have any questions regarding the conditions or policies, please contact us using the contact form.
2. OUR DETAILS
Sale of items through this website is carried out under the CorkMarketplace name, through the portuguese company José Reis Fialho & Filhos, Lda. with registered office in the Urbanização Quintal Novo, Lt. 24, 2475-144 Benedita, registered in the Commercial Registry of Alcobaça with registration No. 2665/19981217, with VAT No 504 360 906.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
4. USE OF OUR WEBSITE
By using this website and/or by placing any order through it, you undertake:
To use the website exclusively to make legitimate enquiries or orders .
Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).
If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
5. SERVICE AVAILABILITY
Items offered over this website are only available for delivery to the countries presented as an option at the time of purchase, with shipping prices varying according to the destination country of the order. See the item “Deliveries” for more information.
6. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us.
To place an order, you must follow the online shopping process. After this, you will receive an email from us confirming receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm this acceptance to you by sending you an email that confirms that the item is being sent (the “Shipping Confirmation”). The contract for the purchase of an item between us (the “Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Shipping Confirmation.
7. AVAILABILITY OF ITEMS
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.
8. REFUSAL OF ORDER
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.
However, there may be delays for a number of reasons such as product taxation, occurrence of unforeseen circumstances, or problems in the delivery zone. If our supply of the items is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Please note however that we do not deliver on Saturdays or Sundays. If for any reason it is not possible to comply with the delivery date, we will inform you of such situation, giving you the option to continue with the purchase, establish a new delivery date or cancel the order with full refund of the paid amount.
For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.
10. UNABLE TO DELIVER
If we are unable to deliver, we will try to find a safe location to leave it. If we do not find this location your items will be returned to our wharehouse. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day.
If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, you will not be entitled to any refund.
11. RISK AND TITLE
The Items will be at your risk from the time of delivery.
Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.
12. PRICE AND PAYMENT
The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation). Prices on the website include VAT (for an end customer), but not delivery charges, which are added to the total price as indicated on the Deliveries tab. In the case of customers registered with a professional account, the prices will be added VAT, whose value will be indicated during the purchase process.
In the case of exports or shipments to EU professional customers with a valid VAT number, VAT will not be charged. Prices may change at any time. However, except as stipulated above, the changes should not affect the orders to which we have sent an Order Confirmation.
Once you have selected the items you wish to purchase, they will be added to your cart, and the next step will be to process the order and make the payment. For this purpose you must follow the steps of the purchase process, filling in or checking the information requested at each step.
Throughout the purchase process, before payment, you can change the details of your order. The registration of all the orders made by you will be available in your personal area.
If you are an end customer you can use Paypal, ATM/Debit Card and Bank Transfer as forms of payment. If you make your purchase as a retailer there isn’t any online payment available, only the value of the order is indicated and you will be provided an IBAN that can be used for the payment.
14. VALUE ADDED TAX
All purchases done through this website are subject to the statutory Value Added Tax (VAT). In this regard, and pursuant to Chapter I of Title V of the Council Directive 2006/112/EC of 28 November 2006, the place of supply will be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where the items are to be supplied in accordance with the order placed.
In accordance with the rules and regulations applicable in each jurisdiction, the “reverse charge” rule (Article 194 of Order 2006/112) may apply to goods supplied in some member states of the European Union if the customer is a person taxable on grounds of VAT. If this is the case, no VAT would be charged by us, subject to confirmation by the recipient that VAT on supplied items would be accounted for the customer under the reverse charge procedure.
15. RETURN POLICY
15.1 Right of withdrawal
You have the right to withdraw from your order within 14 days, without giving any reason although that period expires after 14 days from the day that you (or a third party indicated by you), physically acquire the merchandise. To exercise this right you must notify us unequivocally of your decision, through the email email@example.com or through our contact form.
To comply with the deadline, simply send your notice concerning the exercise of the right of withdrawal, before the withdrawal period has expired. Under Decree-Law 63/2003 of April 6,the CorkMarketplace reserves the right not to make cash refunds, except in certain circumstances expressed in this agreement. You must send your products to the address indicated on www.thecorkmarketplace.com without undue delay and never after 14 days from the day on which your decision was communicated to us.
The return charges will be your responsibility.
You do not have the right to cancel the Contract when it is for the delivery of any of the following three categories of “Excluded items”:
Items that have been made to your specifications or clearly personalised
Sealed items that are not suitable for return for health protection and hygiene reasons and that have been unsealed after delivery.
Your right to cancel the contract should apply only to products that are returned under the same conditions in which you received them. No refund will be made if the products have been used, if the products are not in the same condition they were when delivered to you or when they are damaged; Therefore, take care of the product (s) while in your possession. Return the products using or including all original packaging and instructions, and any other documents attached to the product, if any. In any case, you must return the product along with the receipt given at the delivery time.
At the time of cancellation, the respective products must be returned as indicated:
(i) Returns by Courier:
We can arrange for a courier to collect the item that you wish to return. In order to do this, you should
contact us through our website, or by calling 262 929 751, to arrange for the item to be collected at your home. You must send the item in the same package that you received it for Urbanização Quintal Novo, Lote 24; 2475-144 Benedita, Portugal.
After examining the items, we will inform you whether you have the right to a refund of the paid amount.
The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding this, we may withhold the reimbursement until we have received the items back.
If you have any questions, you can contact us via our website, or by calling 913 674 059.
15.3 Returns of defective items
If the item that you have received is defective, please notify us via our website providing both products details and the type of damage or call us on 913 674 059, and we will let you know the procedures. Please provide proof of purchase, attached to the order.
We will examine the item and if we deem it to be defective, we will provide a full refund including delivery charges, and the refund will be paid using the same means of payment that you originally used to pay for your purchase. These provisions do not limit any applicable statutory rights.
16. LIABILITY AND DISCLAIMERS
Unless expressly indicated in these conditions, our liability for any product purchased on our website should be strictly limited to the purchase price of the concerned product. Notwithstanding the foregoing, our responsibility should not be delayed or limited in the following cases:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Notwithstanding the above paragraph, and within the legally permitted scope we must not accept any liability for the following losses, regardless of their origin:
Loss of revenue or sales;
Ii. Loss of business;
Iii. Loss of profits or contracts;
Iv. Loss of premeditated savings;
Loss of data; and Loss of working time or office hours.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All descriptions, information and product materials displayed on this website are provided “as such” without expressed or implied warranties therein, except those legally established. In this sense, if you are buying as a customer or a user, we are obliged to deliver goods that are in conformity with the purchase, remaining at your responsibility any lack of conformity existing at the time of delivery. It is common understanding that the goods are in conformity with the contract when they: (i) comply with the description given by us and possess the qualities we present on this website; And (ii) exhibit the quality normally present in such goods. To the extent permitted by law, we exclude all warranties, except those that can not legitimately be excluded in favor of consumers and users.
The products we sell, especially the handmade, often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture and color, may not be considered defects or damages. We select only the highest quality products, but the features are inevitable and should be accepted as part of the individual product appearance.
The provisions in this clause shall not affect your consumer and user rights, nor your right to cancel the agreement.
17. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
18. VIRUSES, HACKERING AND OTHER CYBERCRIMES
You may not misuse this website/App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website/App, to the server which hosts this site/App or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website/App will cease immediately. We will use reasonable care and skill to ensure that this website and App are safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website/App or from the downloading of the contents thereof or of such contents to which this website/App redirects.
19. LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
20. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be sent via our website. Subject to and as otherwise specified in Clause 20, we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the user.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
23. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.
An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
- declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of
- public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outsider our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of you obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
26. FULL AGREEMENT
These conditions and any document mentioned therein constitute the entire agreement between both parties as it determines the purpose of the same, replacing any pact, agreement or previous promise settled between us verbally or in writing.
We both acknowledge that we agree with respect to the contract without relying on any statement or promise made by the other party or that may have been deduced from any statement or document in the negotiations entered by the two parties prior to such agreement, except those expressly mentioned under these conditions.
27. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
28. LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of items through such website will be governed by Portuguese law.
We welcome your comments and feedback. Please send all feedback and comments to us via our website.
In addition, there is no official complaint form available to consumers and users. These can be requested by telephone at 913 674 059 or by our contact form.
Last updated on 26.07.2018
Model cancellation form
(complete and return this form only if you wish to cancel the contract)
I hereby give notice that I cancel my contract of sale of the following items:
[customer to insert description of items]
Ordered on/received on
Name of consumer
Address of consumer
Signature of consumer (only if this form is notified on paper)
Object and parties involved
These General Conditions of Use are agreed between José Reis Fialho & Filhos, owner Montado Brand, with legal address in Urbanización Quintal Novo, Lt 24, 2475-144 Benedita, hereinafter referred to as “The CorkMarketplace” and registered users at the Website www.thecorkmarketplace.com, hereinafter referred to as “User” or “Users”.
Orders placed through this website are governed solely by these General Conditions of Use, excluding any conditions previously available on the Website or by prior agreement, spoken and in writing.
The Corkmarketplace can modify the provisions of the General Conditions of Use in a timely manner, so it is advisable to periodically re-read.
The purpose of these General Conditions of Use is to provide and define the necessary information to the User and regulate all the steps necessary to carry out an order through the Website www.thecorkmarketplace.com
In order to modify your personal data, you must go to your personal area.
The website www.thecorkmarketplace.com and its content is protected by copyright laws and industrial property and may not be copied, reproduced or disseminated, either in whole or in part. It is prohibited, in particular, to copy or retransmit any text, logo, graphic, sound or image, unless expressly permitted by the CorkMarketplace.
You may print and collect information contained on this site for personal use.
Litigation and Liability
1. The CorkMarketplace shall not be liable for any inconvenience or damage caused to the User by the use of the Internet network, such as: service interruption, external intrusion, anomalies caused by computer viruses or any other case beyong our control.
2. The law applicable to any contractual relationship established through the CorkMarketPlace’s website is the Portuguese law.
3. In order to solve any conflict arising from any contract entered into pursuant to these General Conditions of Use, the District Court shall be competent with expressed waiver of any other.