TERMS, PURCHASE AND USE CONDITIONS WWW.PANAMAR.PT
1. INTRODUCTION
This document (together with the documents mentioned in the annex) sets out the conditions governing the use of this website (www.Panamar.pt) and the purchase of products on it (hereinafter "Conditions").
We ask you to read the conditions, our cookie policy and our privacy policy carefully before using this website. By using this website or placing an order through it, the customer is aware that they must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and the privacy policies, you should not use this site.
These conditions may be amended; it is your responsibility to read them periodically, since the conditions in force at the time of using the website or of the conclusion of the contract (as defined below) are those that will apply.
Should you have any questions regarding the conditions or privacy policies, you can contact us through our contact form.
The Contract may be concluded, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DETAILS
This website operates under the trade name PANAMAR, which belongs to the company PORTUGAL IN LIMITADA, with registered office at Rua de Mouzinho da Silveira, 14, 4050-414 Porto, registered at the Commercial Registry Office of Porto under number 513 814 795, which is also the legal entity identification number, with telephone number +351 222 032 163 and email geral@panamar.pt
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the customer will be processed in accordance with the provisions of the Privacy Policy. By using this website, the customer consents to the processing of the said information and data and declares that all the information or data they provide us is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid enquiries or orders.
4.2. Not place any false or fraudulent order. If we can reasonably consider that an order of this nature has been placed, we will be authorised to cancel it and inform the competent authorities.
4.3. Provide us with your email address, postal address and/or other contact details, truthfully and accurately. You also consent to the use of the information provided so that we may contact the customer (if necessary, please consult our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to proceed with your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The items presented on this website are available for deliveries in mainland Portugal and the Islands and the rest of the world (on request).
6. CONCLUSION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and click on «Authorise Payment», having first read and accepted these Purchase Conditions. By doing so, you are concluding a purchase and sale contract with us (the "Contract"). You will subsequently receive an email acknowledging receipt of your order (the «Order Confirmation»). You will also receive an email in which we confirm that the order has been dispatched (the "Delivery Confirmation"). An electronic ticket with the details of your order should be attached to the Delivery Confirmation (the "E-ticket").
7. AVAILABILITY OF PRODUCTS
All product orders will be subject to their availability. In this regard, if any difficulty arises in relation to the supply of products or if there are no items in stock, we will inform you of the unavailability and will refund any amount you may have paid within a maximum period of 30 days.
8. DELIVERY
Without prejudice to the provisions of Clause 7 above, relating to the availability of products, and unless extraordinary circumstances arise, we will attempt to dispatch the order relating to the products mentioned in each Delivery Confirmation before the date indicated in the Delivery Confirmation in question or, if no delivery date has been specified, within 30 days from the date of the Order Confirmation.
Nevertheless, delays may occur for any of the following reasons:
- customisation of the products;
- specialised items;
- unforeseen circumstances; or
- problems in the delivery area.
If we are unable to meet the delivery date for reasons not arising from our responsibility, we will inform you of this circumstance, giving you the option to continue with your purchase, set a new delivery date, or cancel the order with a full refund of the amount paid, without prejudice to all other rights available to you under the applicable legislation. In any case, we do not make deliveries on Saturdays, Sundays or public holidays.
In accordance with these conditions, the "delivery" will be deemed to have been made or the order "delivered" when you are physically in possession of the products, which will be evidenced by the signing of the order receipt at the indicated delivery address.
9. INABILITY TO DELIVER
Should it be impossible for us to deliver your order, we will leave a note indicating where your order is and what to do so that we may deliver it again. If you are not at the delivery location at the agreed time, we ask you to contact us so that we can arrange delivery for another day.
Please note that, in the event of non-delivery of the product within the stipulated period, you may be charged the costs relating to the storage of the products and the new delivery attempts.
10. INSTANT DELIVERY
If the customer has chosen the in-store delivery option, they may receive a notification from our "In-store Delivery" service informing them that it is available for the items in their order. The said service depends on stock availability and other factors and, for that reason, cannot be chosen by the customer when placing their order. If you receive the notification that "In-store Delivery" is available, your order will be available for collection.
Once your "In-store Delivery" order has been prepared, we will contact the customer to advise that they may come to collect the order. The order may be collected in person (upon presentation of the order number and a document proving their identity) or you may appoint another person to collect your order. In that case, the appointed person will have to present the order number and a document proving their identity.
The terms of this Clause 10 (together with the remaining terms) will apply to the customer if they make a purchase through the "In-store Delivery" service, being also subject to any other applicable rules.
11. TRANSFER OF THE RISK AND OWNERSHIP OF THE PRODUCTS
The risks of the products will be borne by the customer from the moment of their delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in relation to them, including shipping costs, or at the moment of delivery (in accordance with the definition contained in Clause 8 above), if this date is later.
12. PRICE AND PAYMENT
The price of each product will be that stipulated, at any given time, on our website, except in the event of an obvious error. Although we try to ensure that all the prices shown on the page are correct, errors may occur. If we detect an error in the price of any of the products the customer has ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If we are unable to contact the customer, the order will be cancelled and the amount paid will be refunded to you in full.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent the Dispatch Confirmation) if the error in the price is obvious and unequivocal and could reasonably have been recognised by the customer as being an incorrect price.
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount due, in accordance with what is set out on our website.
Prices may be changed at any time, but (except under the terms set out above) any changes will not affect orders for which we have already sent an Order Confirmation.
Once your purchases have been made, all the items you wish to buy will have been added to your cart and the following steps will be the completion of the order and payment. To do so, you must follow the steps of the purchase process, filling in or verifying the information requested at each step.
In addition, during the purchase process, before payment, the customer may change the details of their order. You may make payment with Visa, Mastercard, American Express or Stripe cards or by bank transfer.
To reduce the risks of unauthorised access, your credit card details will be encrypted. Upon receipt of your order, we will make a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.
By clicking on «Complete Order», the customer confirms that the credit 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 entities, but if these do not authorise the payment, we will not be responsible for any delay or failure to deliver and we will not be able to conclude any Contract with the customer.
13. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
14. RETURNS AND EXCHANGE POLICY
14.1 Right of withdrawal from the contract
Customers may return items that present manufacturing defects, being in that case refunded the full value of the items and the respective shipping costs. Only items that are still in their original packaging and in perfect condition will be accepted.
During the exceptional COVID 19 period, we do not accept exchanges or returns (confirm legality)
The withdrawal period will expire after 14 days from the day on which the customer (or a third party - other than the carrier - indicated by you) physically acquires several items in an order delivered separately, 14 days from the day on which the customer (or this third party indicated by you) physically acquired the last product.
To exercise the right of withdrawal from the contract, the customer may contact us through the telephone number +351 222 032 163, through the chat available on the website via whatsapp, via social networks (Facebook, Instagram and LinkedIn) or through our contact form, of their decision to withdraw from this contract by an unequivocal statement (example: a letter sent by post or email). The customer may use the form on the contacts page of our website. However, the consumer may exercise the right of withdrawal by any means, the use of any of the aforementioned means not being mandatory.
To respect the withdrawal period of the contract, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period of the contract expires, in the following format:
WITHDRAWAL FORM
To PANAMAR, Rua de Mouzinho da Silveira, 14, 4050-414 Porto (email geral@panamar.pt)
I hereby give notice that I withdraw from my contract of sale of the following items:
Ordered on / received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only if this form is notified on paper)
Date
Effects of withdrawal from the contract
If the customer withdraws from the Contract, we will refund the amount paid for the products, including delivery costs to the original delivery location (with the exception of the supplementary costs arising from the customer not making the return through any of the free methods mentioned in Clause 14.3 and following) without undue delay and provided that it does not exceed the period of 14 days from the date on which the contract was made. We will make the refund through the same means of payment that the customer used for the original transaction. In any case, the customer will not pay any fee arising from the said refund. Notwithstanding the above, we may withhold the refund until we receive the products back, or until the customer demonstrates evidence that they have returned them.
The customer may send the items for return with the printout of the E-ticket attached to the Delivery Confirmation or deliver them to the PANAMAR store, being able in this case to show the e-ticket in digital format on their mobile device or deliver the printout of the e-ticket, without undue delay, not exceeding the period of 14 days from the date on which they made the contract. The final deadline is met if the customer returns the products before the 14-day period has expired.
Unless the customer delivers the products to the PANAMAR store, the customer must bear the return costs.
The customer is responsible only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.
Note that, after delivery of the order, if the customer exercises the right of withdrawal from the contract and makes the return through a carrier chosen by them, we cannot assume the risk of the return package where it relates to causes not attributable to Panamar.
Likewise, the customer is responsible for the content of the return package when opting for one of the return methods offered by Panamar. In the event of an error in the content of the return package not attributable to Panamar, we have the right to charge the costs associated with the corresponding return to the customer, where applicable.
All rights recognised by the law in force will be safeguarded.
14.2 Conditions for exercising the contractual right of return of the products
The customer does not have the contractual right of return and exchange of the products, provided for in clause 14.2, in relation to the following products:
I. Customised items
II. Sale items
III. Items relating to festive seasons
IV. Sealed products that are not suitable for return for reasons of hygiene and that have been opened after delivery.
The contractual right of return of the products must apply exclusively to products that can be returned in the same conditions in which the customer received them. No refund will be made if the product has been used beyond the simple opening of its packaging or if it has suffered damage; therefore, the customer must be careful with the products while they are in their possession. You must also include all the instructions, labels, documents and packaging of the products. In any case, you must deliver, duly completed, the receipt you received at the time of delivery of the product, together with the product to be returned.
Upon return, the respective products must be returned as indicated:
- Returns at the PANAMAR store: you can return any product at the PANAMAR store in Portugal. In this case, you must go to the store and present, together with the product, the e-ticket attached to the email with the dispatch confirmation, which may be presented in digital format through your mobile device or through a printout of it
The option above will not entail any additional cost for you.
After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. Delivery costs will be refunded when the contractual right of return of the products is exercised within the contractually defined period and all the products in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which the customer made the contract. Notwithstanding the above, we may withhold the refund of the amount paid until the products are received back. The refund will always be made by the same means of payment that the customer used to pay for the purchase.
Should you have any questions, contact us through our contact form on our website or through the telephone number +351 222 032 163/ +351 927 720 892.
14.3 Products lacking conformity
In cases where you consider that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the legally fixed period of two months through our contact form, indicating the details of the product as well as the damage suffered, or contacting us through the number +351 222 032 163, and we will indicate what you should do.
You may return the product at the PANAMAR store in Portugal, having to present the e-ticket in digital format on your mobile device or deliver a printout of the e-ticket, or delivering it to a carrier, at your home, sent by us, accompanied by a printout of the e-ticket, being subsequently refunded the corresponding amount.
As legally established, instead of cancelling the contract (and the consequent return of the goods and refund), you may also opt for the replacement of the product, or for an adequate reduction of the price.
The refund of the price, the replacement of the product, or the adequate reduction of the price paid for the item must occur as soon as possible and, in any case, within 30 days.
The amounts paid for products returned due to any damage or defect will be refunded in full, including the delivery costs incurred in sending the item and the costs you have in returning them. The refund must be made by the same means of payment that was used to pay for the purchase.
All rights recognised by the law in force will be safeguarded.
14.4 Variations that should not be considered defects
The products we sell, especially those made by hand, frequently possess the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colours, may not be considered defects or damage. On the contrary, you should expect their presence and appreciate them. We select only products of the highest quality, but the characteristics are inevitable and must be accepted as part of the individual appearance of the product.
15. WWW.PANAMAR.PT
This website contains a specific section "SPECIAL SERVICES", in which, in accordance with these terms and conditions and the indications referred to in that section, you may customise certain products. In the said section you can find more information about this service.
You should take into account that, due to technical reasons or other reasons beyond our control, the actual colours, textures and sizes may vary in relation to those displayed on your screen. In addition, you should take into account that, due to the fact that they are handcrafted pieces, clothing and other customised products, it will not be possible to return or exchange these items.
The Customer warrants that they are authorised to use the texts and other elements that form part of the customisation of the products. However, we reserve the right to refuse the customisation or to cancel orders for customised products for non-compliance with the conditions in question. The customer will be solely responsible for the customisation requested. We may refuse the customisation or cancel orders for customised products in the event that we detect that the customisation consists of, or includes, inappropriate elements, the property of third parties or of an unlawful nature.
We do not assume the obligation to verify and we do not assume responsibility for the texts or other elements that form part of the customisation created by the users of this service. We do not guarantee the legality of the said texts or other elements and consequently, we do not assume any responsibility for the damage and/or losses that may result for any user(s) and/or any other third parties - whether individuals or public or private entities - arising directly or indirectly from the use of the SPECIAL SERVICES section or that has any type of direct or indirect relationship with the said section and/or its products.
16. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, registered trademark and the other intellectual property rights over the materials or contents that are provided as part of the website are, at all times, ours or those of whoever granted us the licence for their use. The customer may only use that material in the manner expressly authorised by us or by whoever granted us the licence for its use. This does not prevent you from using this website to, to the extent necessary, copy the information relating to your order or the Contract data.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website through the intentional introduction of viruses, Trojan horses, logic bombs or any other technologically harmful or damaging material. You must not obtain unauthorised access to this website, to the server on which this page is located or to any server, computer or database related to our website. You undertake not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may involve the commission of offences classified by the applicable legislation. We will inform the competent authorities of any breach of the said legislation and will cooperate with them to discover the identity of the attacker. In the event of a breach of this clause, you will likewise cease to be authorised to use this website.
We will not be responsible for any data or losses resulting from a denial-of-service attack, virus or any other program or technologically harmful or damaging material that may affect your computer, IT equipment, data or materials, as a consequence of the use of this website or of the downloading of contents from it or of the contents to which it redirects.
18. LINKS FROM OUR WEBSITE
Should our website contain links to other pages and materials of third parties, these links are provided merely for information purposes, without us having any control over the content of those pages or materials. Thus, we will not accept any responsibility for damage or losses due to their use.
19. WRITTEN COMMUNICATION
The applicable legislation requires that part of the information or notifications we send be in writing. By using this website, the customer accepts that most of the notifications with us will be electronic. We will contact the customer by email or will provide information through notices placed on this website. For contractual purposes, the customer accepts to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognised by law.
20. NOTIFICATIONS
The customer's notifications must be sent through the telephone contact +351 222 032 163, through the whatsapp chat available on the website, via social networks (Facebook, Instagram and LinkedIn) or through our contact form. In accordance with the provisions of Clause 17 above and unless otherwise indicated, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be deemed to have been received, and correctly made, at the moment the customer enters our website, 24 hours after the sending of an email or three days after the postmark date of any letter. To prove that the notification was made, it will be sufficient to prove, in the case of a letter, that the address was correct, that it was correctly stamped and that it was duly delivered to the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient
22. TRANSFER OF RIGHTS AND OBLIGATIONS
The commitment of the contract applies to you and to us, as well as to our respective successors, persons who have benefited from transfers made by us and heirs. You may not transmit, waive, encumber or, in any other way, transfer a contract or any of the rights or obligations derived from it without obtaining our prior written consent.
We may transmit, waive, encumber, subcontract or, in any other way, transfer a contract or any of the rights or obligations derived from it, at any time throughout the term of the contract, to any other company owned by the legal owners of Panamar. All other transfers of our contractual position, rights or obligations under this contract will also be subject to your prior consent. In order to avoid any doubt, such transfers, assignments, encumbrances or other transfers must not affect the rights that, as applicable, you hold as a consumer recognised by law or cancel, reduce or limit in any way the express and implied warranties that we may have given you.
22. FORCE MAJEURE
We will not be responsible for any non-compliance or delay in any of the obligations assumed by us under a Contract whose cause is due to events that are beyond our control (Force Majeure).
The concept of Force Majeure must include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following:
i. General strike, or other forms of protest that significantly affect the country.
ii. Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, floods, earthquake, collapse, epidemic, pandemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
v. Inability to use public or private telecommunications systems.
Our obligations derived from the Contracts will be deemed to be suspended during the period in which the Force Majeure events occur and we will benefit from an extension of the period to fulfil such obligations, for a period of time equal to the duration of the Force Majeure events. We will use all reasonable means to bring the Force Majeure events to an end or to find a solution that allows us to fulfil our obligations arising from the Contract, despite the Force Majeure events.
23. WAIVER RIGHTS
The absence of any requirement on our part for strict compliance by the customer with any of the obligations assumed by them under a Contract or these Conditions, or the failure to exercise, on our part, the rights or actions that are due under that Contract or Conditions, will not mean the waiver nor any limitation in relation to those rights or actions, nor will it release the customer from fulfilling their obligations.
No waiver, on our part, of a specific right or action will imply the waiver of our rights or actions derived from the Contract or the Conditions.
No waiver, on our part, of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver, formalised and communicated to the customer, in writing, in accordance with the provisions of clause 17 above.
24. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract are declared null and void, by a firm resolution on the part of a competent authority, the remaining terms and conditions remain in force, without being affected by that declaration of nullity.
25. ENTIRE AGREEMENT
These Conditions and all the documents to which express reference is made constitute the entire agreement existing between us and the customer, in relation to the object of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, verbally or in writing.
We and the customer acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that may interfere with any written statement in the negotiations conducted by both parties before that Contract, except for what is expressly mentioned in these Conditions.
26. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognised to the consumer by the legislation in force.
27. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask you to send comments and suggestions through our contact form.
You may send your comments and complaints through our contact channels or through the email geral@panamar.pt
28. ALTERNATIVE DISPUTE RESOLUTION
In this regard, if the transaction has been concluded through our website, we inform you - in accordance with EU Regulation no. 524/2013 - that you have the right to try to resolve any dispute out of court through access to the online dispute resolution electronic platform, at the electronic address https://ec.europa.eu/consumers/odr/.
You may consult the updated list of the Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015 of 8 September, on the Consumer Portal, through the website www.consumidor.pt.