Terms and Conditions of Sale

PREAMBLE

These conditions are agreed between Móveis Jota Barbosa, Lda. with headquarters at R. do Multipark I, N 54- Apart. 47 .4595-542 Seroa, Paços de Ferreira, Portugal, hereinafter referred to as “Jota Barbosa Interiors” and anyone wishing to purchase physical sales spaces, through the website https://jotabarbosa.com, telephone (00351 ) 255 862 261 (working days from 10:00 am to 12:00 pm and from 1:00 pm to 6:00 pm) and e-mail info@jotabarbosa.com, hereinafter referred to as “customer”. The parties agree that their relations will be governed exclusively by the general conditions described herein.

The set of rules and procedures presented below intend to frame the rights and duties of your relationship with Móveis Jota Barbosa, Lda. as a user or customer, and in no way contradict the law in force.

The information available on this website for consultation or for the purchase of goods and services implies that you accept the general conditions of use and sale which we detail in the following points:

1 – OBJECT

These Terms and Conditions apply to users of the website https://jotabarbosa.com and to any operations and transactions, commercial or otherwise, carried out on this website.

Browsing the site, as well as purchasing any product through Móveis Jota Barbosa, Lda.’s online store, implies acceptance of these Terms and Conditions by the customer.

Móveis Jota Barbosa, Lda. reserves the right to change these Terms and Conditions without prior notice, and these changes will be posted in the Terms and Conditions area at https://jotabarbosa.com. These conditions regulate all the steps necessary to place the order and guarantee the follow-up of this transaction between the contracting parties.

2 – GENERAL PROVISIONS

 

The management and operation of the website https://jotabarbosa.com is the responsibility of the company Móveis Jota Barbosa, Lda, headquartered at R. do Multipark I, N 54- Apart. 47 .4595-542 Seroa, Paços de Ferreira, Portugal, telephone: (00351) 255 862 261, e-mail: info@jotabarbosa.com registered at the Commercial Registry Office of Paços de Ferreira with taxpayer number 503 307 203 with a share capital of €573,617.58.

3 – CONTENT

The website https://jotabarbosa.com is intended for private use only. Reproduction, transfer, distribution or storage of its contents without prior written permission is prohibited for purposes other than strictly personal use.

Móveis Jota Barbosa, Lda. reserves the right to modify at any time the information and commercial offer presented on products, prices, promotions and commercial conditions. It is expressly prohibited to introduce links to our website, for commercial purposes, without prior authorization. Likewise, the use of the domain https://jotabarbosa.com with abusive purposes, and without prior authorization, may be subject to recourse to the competent legal means by Móveis Jota Barbosa, Lda. links that allow you to access https://jotabarbosa.com we inform you that Móveis Jota Barbosa has no responsibility for the origin of the page or for the contents contained therein.

We make every effort to ensure that the information presented is free from typographical errors and whenever these occur, we will correct them as soon as possible. The color tones of the images of the products displayed on your computer screen may seem different from reality and depend on factors outside Móveis Jota Barbosa, Lda.’s responsibility, such as the characteristics of its computer equipment.

The images presented on the website are merely illustrative. The decoration items, accessories and complements shown in the photos are not included, except when expressly indicated. We recommend that you consult the product details for more information about its features. If you do not find the information you want, please contact the customer service via email: info@jotabarbosa.com.

4 – ORDER

The user can place their order online, on the website https://jotabarbosa.com, 24 hours a day, 7 days a week or via telephone through the customer service line through the number (00351) 255 862 261 (days working from 10:00 am to 12:00 pm and from 1:00 pm to 6:00 pm).

You can only place orders if you are over 18 (eighteen) years of age.

Orders are processed as follows:

Product selection, where the customer browses the catalog available for sale and places their selection in the “Shopping cart”. You must, in this process, verify that the products you have selected are intended for the use you intend to give them. The use of a product for purposes other than those presented on the website may result in the total or partial cancellation of the warranty. You should also check if the products have the appropriate dimensions for the space where you intend to place them and if the accesses to the delivery place allow their passage.

Finalize the order, where after selecting the products you want to order and registering as a customer, you complete your order with the necessary information for payment and delivery. The customer must fill in all mandatory fields on the order slip for this purpose. If you are a new customer, you will be assigned a customer number right after the first order.

As soon as the purchase is complete, the customer receives an automatic e-mail with the order number and all of its details. However, the Móveis Jota Barbosa, Lda. confirms all the data contained therein and sends the Final Purchase Order to your email, which will follow up on the invoice. If the data is not correct, you can immediately request a change to: info@jotabarbosa.com

By placing an order, the customer expresses full and complete acceptance of the general conditions of sale, prices and description of the products included in this transaction. These general conditions of sale are the only ones applicable between the two parties. Any dispute on this last point will be resolved through an exchange of information and with the guarantees mentioned below.

In the absence of product availability, Móveis Jota Barbosa, Lda. undertakes to inform, and eventually reimburse the customer, the amounts paid within a maximum period of 30 (thirty) days from the date of knowledge of such unavailability.

5 – PAYMENT

Móveis Jota Barbosa, Lda. offers customers several payment methods:

Payment by bank transfer
Bank: Bankinter
Address: Rua Dr.António Mendes Moreira, nº1, 4580-044, Paredes
Owner: Móveis Jota Barbosa Lda.
IBAN: PT50 0269 0364 00207625698 97
BIC/Swift Code: BKBKPTPL

To speed up the processing of your order, we advise you to send proof of transfer to the email address info@jotabarbosa.com

Payment by ATM
For this method of payment it is important that you keep your e-mail address up to date. Place your order and choose the ATM payment method. You will receive an email with payment details (within 48 hours maximum). Pay at an ATM, MbWay or Homebanking service.

VISA, Mastercard, PayShop

6 – PRICES

Sales prices published on https://jotabarbosa.com must be understood in euros, with taxes and fees included. The prices shown take into account the VAT applicable on the day of ordering. Any modification of the applicable VAT type will be reflected in the price of the products. After this date, prices can be modified at any time.

Prices and specifications are subject to change without notice. Móveis Jota Barbosa, Lda. declines any responsibility for any errors published on the site.

Móveis Jota Barbosa, Lda. reserves the right to modify the sale prices at the most convenient moments.

When processing the order, any price error that may be shown on the website due to technical anomalies will be detected. In this situation the customer is contacted. If the price of the product shown on the website is actually lower, the difference will be refunded. If superior, the customer is contacted and can accept or cancel the order.

If contact is not possible through the means indicated in the customer identification form, Móveis Jota Barbosa, Lda. considers the request to be ineffective.

The sale prices of published products do not include delivery and assembly services, these are borne by the customer and subject to consultation upon request.

The price of transport, delivery or assembly does not include the use of special means of transport or access, such as external stairs or cranes, or civil construction alterations to doors, windows, stairs or other structures in the property.

7 – STOCK AVAILABILITY

The stock availability dates indicated are estimates subject to verification of logistical and production factors, which are dependent on third parties. If, for reasons beyond the reach of Móveis Jota Barbosa, Lda., it is not possible to obtain a product from suppliers within the specified period, the customer will be informed of the status of the order. In this way, the customer can choose to cancel the order or choose another product.

The best available date for delivery of orders depends on two factors: the type of shipment and the payment method chosen by the customer.

Availability by type of shipment depends on the existence of items in stock and the transport schedule for delivery;
Availability through payment depends on the validation time of the operators to process the payment request, assuring Móveis Jota Barbosa, Lda. the availability of stock while waiting for approval.
Móveis Jota Barbosa, Lda. reserves the right to discontinue the products presented on the site at any time without prior notice.

8 – DELIVERY

After confirming the purchase and to safeguard the customer, Móveis Jota Barbosa, LDA. will subsequently send a notice, by email or via telephone, upon availability for collection (at our facilities) or delivery (at the desired address). Before delivery, contact will always be made with the customer to arrange the most suitable day and time. If delivery is not possible, the customer will be informed of a new date and time for delivery.

Delivery can take place in the following ways:

Survey at our facilities:
The customer can proceed with the collection, at our facilities, being accompanied by a valid identification document and the respective proof of purchase or order. In this modality, Móveis Jota Barbosa, LDA. is not responsible for damage caused during the transport and assembly of items. Picking up the order at our facilities does not entail postage/assembly costs for the customer.
Custom Delivery:
The order can be delivered to the customer’s home or desired address by a specialized team under the responsibility of Móveis Jota Barbosa LDA.

Premium Delivery:
Service available only on purchases worth more than 5000 euros.
The order can be delivered to the customer’s home or to the desired address by a specialized team under the responsibility of Móveis Jota Barbosa, LDA., which will assemble the product. This service will have an additional cost for the customer, whose budget will be calculated, case by case, by the internal team.

Express Shipping:
For reduced volume orders (< 30Kg), delivery will be made by companies specialized in express delivery services.Service is available only for products that do not require assembly or whenever the customer wishes, being the customer’s responsibility to assemble it when necessary.

Móveis Jota Barbosa, LDA. presents partnerships with assembly services for mainland Portugal, Azores and Madeira, which provide specialized technicians and support material.
For orders for the rest of Europe, please contact us for information on conditions and prices.

The products available as an Item on Display will be shipped within a maximum period of 10 working days, after confirmation of payment.

Products that are not available in the store will be shipped within the period agreed between both parties; this will always be calculated taking into account the product ordered.

Móveis Jota Barbosa, LDA. seeks to ensure that the products we deliver to you are in perfect condition and following the order placed. However, for your safeguard we recommend the following procedures:

Check that the outer packaging does not show signs of abuse.
Check that the products do not show visible transport or manufacturing defects.

If there is any discrepancy with the product or partial or total deterioration, the customer must make the necessary notes on the product’s condition on the transport note. The same product will be returned by the Móveis Jota Barbosa,LDA team. Without any notes from the customer about the damaged product, the order cannot be contested.
When the customer signs the delivery note, the verification of the status of the product is considered to have been carried out.
You can reschedule your delivery up to 72 hours before the scheduled date, using the Customer Service line at (00351) 255 862 261 (working days from 10 am to 12 pm and from 1 pm to 6 pm).

All deliveries are prepared at least 72 hours in advance. If you want to reschedule your delivery, after it has been confirmed by the services, Móveis Jota Barbosa, LDA. does not guarantee availability and reserves the right to charge the costs corresponding to the reorganization of the preparation, logistical and administrative processes.

Furniture Jota Barbosa,LDA. makes every effort to meet the delivery deadlines it assumes with customers. In case of failure to deliver the item on the confirmed date, the customer may choose to reschedule the delivery to a new date.

The customer must verify at the time of purchase/reception if the products that were delivered to the premises or at the indicated address are following his order and if there are no manufacturing and transport deficiencies. If so, you must immediately make the note on the transport bill that accompanies the invoice or refuse to receive it. Once the order has been received and the delivery note signed, the customer agrees that everything is as intended and ordered.

9 – WARRANTY

The products sold by Móveis Jota Barbosa, Lda. benefit from a 2-year warranty, counting from the date of delivery of the goods.

Note: Transport and dismantling services are not included in the scope of the Free Resolution Right (DL N.º143/2001 Art. 6) when applicable..

In the case of defective or defective products, the customer must communicate the same, stating the order number and the description of the damage:

Post office: Móveis Jota Barbosa Lda, R. do Multipark I, N 54, 4595-542 Seroa , Paços de Ferreira, Portugal.
Telephone: (00351) 255 862 261 (weekdays from 10 am to 12 pm and from 1 pm to 6 pm). E-mail: info@jotabarbosa.com

The costs of returning or collecting items with manufacturing defects, within the warranty period, will be the responsibility of Móveis Jota Barbosa, Lda. da Móveis Jota Barbosa, Lda. and verification and proof by our technicians of the defects indicated by the customer. The product must be in perfect condition and without signs of misuse, otherwise, the warranty will be void.

In the case of items beyond the warranty period, Móveis Jota Barbosa, Lda. also provides technical assistance. The items will be analyzed by the After-Sales service, which issues a technical opinion and respective repair budget, when necessary. Repairs are only started after the customer has accepted the quote.

10 – RETURNS

Móveis Jota Barbosa, LDA. guarantees that all its services and products are in perfect conditions of use and following the published technical characteristics. We undertake to resolve order returns, within the legal framework and our possibilities.

right of free resolution
Under the terms of Decree-Law No. 24/2014, of February 14, applicable to distance contracts, the customer has recognized the right to withdraw from the purchase made both in physical sales spaces and through the Móveis Jota Barbosa website, LDA. and, therefore, if you are not satisfied, you can return the product within a maximum period of fourteen calendar days from:

a) On the day on which the consumer or a third party, except for the carrier, indicated by the consumer, acquires physical possession of the goods, in the case of purchase and sale contracts;
b) On the day on which the contract is signed, in the case of service provider contracts;

or

i) On the day on which the consumer or a third party, with the exception of 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 order and delivered separately,

ii) On the day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the last batch or element, in the case of delivery of a good consisting of several batches or elements,

iii) From the day on which the consumer or a third party appointed by him, other than the carrier, acquires physical possession of the first good, in the case of contracts for the periodic delivery of goods during a certain period;

In order to exercise their right of free termination, the customer must indicate to Móveis Jota Barbosa, Lda. his decision to terminate the contract by means of a statement via e-mail info@jotabarbosa.com, explaining the case in detail, indicating the order number and attaching photographs to check their status, proving the reason for the return request.

In order for the term of free termination to be respected, it is mandatory that the communication regarding the exercise of this right by the client be sent before the expiration of the respective term.

Free Resolution Effects

In case of termination of the contract for the purchase and sale of items sold by Móveis Jota Barbosa, LDA., all payments made will be refunded, excluding delivery costs, without undue delay and, in any case, at the latest 14 days from the date on which you inform the decision to terminate the respective contract.

Móveis Jota Barbosa, LDA. will make such refunds through the payment method that the customer used in the initial transaction, unless expressly agreed otherwise. In the case of exhibition products, the customer who wants to return the same product, incurs a fee of 5% on the product’s value, to cover the costs of collecting it.

Móveis Jota Barbosa, LDA., is only responsible for return and return expenses, whenever there is an internal error and the product sent does not correspond to the order or if the product has original defects.

If you receive an item damaged by the carrier, you will have 24 hours to complain from the date of delivery, sending photographs showing the damage to the item to info@jotabarbosa.com.

Overcoming this period of time, Móveis Jota Barbosa, LDA. is not responsible for any defect that may have occurred during shipping.

In case of withdrawal or error by the customer, the return expenses will be the sole responsibility of the customer. In this case, the customer can return the items through a carrier of their choice or ask Móveis Jota Barbosa, LDA. the collection of products, with an associated cost calculated on the date of the event.

Móveis Jota Barbosa LDA. accepts product returns when carried out under the following conditions:

The return of products must be carried out in the same mode chosen by the customer for delivery.

The customer agrees to return the products in the conditions in which they were delivered, with the original packaging in perfect condition, or that have been used beyond having been tried. If the product to be returned is repackaged or is not in its original and complete packaging, it will suffer a depreciation of its initial value, which will be deducted from the amount to be returned. The refunded amount of a product can never be higher than the amount paid, otherwise, the return will not be accepted.

Returns are not accepted for goods made to measure, colors or specific customer orders. Returns of goods with configurations (color, finish, dimensions, fabrics) that do not appear in any type of sales material or website are not yet accepted.

In case the return is at the origin of an internal logistical error and the product sent does not correspond to the order or if the product has original defects, Móveis Jota Barbosa, LDA. will collect the goods, at the address indicated by the customer, without any undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of the decision to withdraw from the contract. The deadline will be considered fulfilled if the goods are returned before the end of such period; after contacting the customer, Móveis Jota Barbosa, LDA. will proceed with the collection of the item, assuming the return charges, as well as the shipping costs for the correct product.

In the case of a return of the customer’s responsibility, mentioned above, the customer accepts without any restriction that the products supplied that require assembly, by third parties, suffer in this process a wear that changes their initial delivery characteristics. The consumer will also be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning. In such case, the customer accepts that Móveis Jota Barbosa, LDA. deducts from the reimbursement, an amount corresponding to the devaluation suffered by the asset in the process and never less than 25% of its sale value.

Return and transport expenses arising in the event of the customer’s withdrawal or error will be the sole responsibility of the customer. Direct return costs will be borne by the customer in any case. The cost of the return will be the equivalent of the shipping costs with no discounts or promotions applicable.

In case of withdrawal, the payments made, excluding delivery charges, will be returned to the customer, without any undue delay and, in any case, no later than 14 calendar days after the date on which we are informed of your decision to withdraw from this contract.

We make such refund using the same payment method used by the customer for the initial transaction; however, we will not be responsible for any fees that result from such refund. The client authorizes Móveis Jota Barbosa, LDA. to deduct from the amounts to be refunded the amounts owed by the customer resulting from the application of the conditions of the purchase contract.

Móveis Jota Barbosa, LDA. you may withhold the refund until receipt of the goods, or until the customer has provided proof of return, depending on the condition that comes first.

Móveis Jota Barbosa, LDA. it will refund the payment received from the customer, without undue delay, before 14 calendar days have elapsed from the date on which it was informed of the decision to withdraw and after checking the status of the returned product.

Móveis Jota Barbosa, LDA. it will not pay the expenses of services already rendered, such as removal of used products, postage, etc.

The customer must record all complaints on the shipping slip that accompanies the order. The customer may also complain of an anomaly to the Customer Support Service, by email to info@jotabarbosa.com, or by registered letter to the address: Móveis Jota Barbosa, LDA., R. do Multipark I, N 54, 4595-542, Seroa, Paços de Ferreira, Portugal.

11 – RESPONSIBILITY

For all stages of access to the website, from the ordering process to delivery or subsequent services, Móveis Jota Barbosa, Lda. only has an obligation of means, never of results. Móveis Jota Barbosa, Lda. excludes all warranty and any liability for inconveniences or damages inherent to the use of the Internet network, in particular, a disruption of service, an external intrusion or the presence of computer viruses, or any case of force higher thus classified by the jurisprudence of the courts, to the extent permitted by the applicable law.

The items sold are described and presented on the website as accurately as possible. The customer should take into account the description of the pieces and the image presented, if there is any inconsistency, the customer can contact Móveis Jota Barbosa, Lda. to clarify any doubts. If, despite all precautions, errors occur on the website, Móveis Jota Barbosa, Lda. will not be held responsible for such fact.

12 – PERSONAL DATA PROTECTION

Móveis Jota Barbosa, Lda. is committed to protecting the personal data of customers/users in all situations where data processing occurs.

The website https://jotabarbosa.com is intended for the sale of furniture and decoration items, Móveis Jota Barbosa, Lda. with facilities at R. do Multipark I, N 54, 4595-542 Seroa, Paços de Ferreira, Portugal , here referred to as “Jota Barbosa Interiors”, registered in the commercial registry office of Paços de Ferreira under taxpayer number 503 307 203, with share capital €573 617.58.

If you need to get in touch with the person responsible for data protection, you can do so through the means and contacts listed below:

via email: rgpd@jotabarbosa.com (Contact the Data Protection Officer)
through written communication addressed to the care of the “Data Protection Officer” to R. do Multipark I, N 54, Apartado 47, 4595-542 Seroa, Paços de Ferreira.

Personal data means any information, of any nature and regardless of the respective support, relating to a natural person, directly or indirectly, identified or identifiable (data subject).

The personal information that the customer transmits when placing an order is used to customize your browsing experience on our website, as well as to ensure the correct handling of your order, fight fraud, deliver items, carry out payment transactions and communicate about your orders. We may also use the information for statistical purposes.

When you visit our website, we may ask you for information through questionnaires and forms, particularly when you create your customer account. The requested information marked by an asterisk is mandatory. These are necessary for processing your order. The other information is intended to get to know you better and is therefore optional. You are free not to provide us with such answers.

The customer authorizes Móveis Jota Barbosa, Lda. to automatically process the personal data provided, in particular through the use of cookies. When you consult our website, information relating to your visit may be recorded using the “Cookies” files installed on your device, the purpose of which is to allow us to offer you specialized offers, adapted to your interests. You can refuse the installation of cookies following the process described below.

If you do not wish to receive “Cookies”, you can configure your computer to notify you whenever you receive a “Cookie” or disable all “Cookies” through your browser. (See the Help menu of your browser/browser program to find out the correct way to change or update “cookies”). If you disable “cookies”, you may not be able to access some of the functions listed above. Through browser settings, it is possible to have some control over most cookies.

For more information about cookies, including knowing which cookies have been installed and how they can be managed and deleted, go to http://www.allaboutcookies.org/ . If you don’t want your visits to websites to be tracked by Google Analytics, https://tools.google.com/dlpage/gaoptout

The collection and processing of data is carried out in a secure manner that prevents its loss or manipulation. You can check in your browser that it is safe as the address starts with https and the padlock appears in green. However, we do not control all the risks related to the use of the Internet, alerting us to the existence of possible risks associated with its use and functioning, and consequently with the sharing of personal data in this way.

Móveis Jota Barbosa, Lda. may make commercial offers to you by email, namely, sending discount vouchers, birthday offers, products viewed and for the evaluation of products purchased at Móveis Jota Barbosa, Lda. email, the sender will be clearly identified and the nature of the communication will be indicated in the subject line. At the end of each message, you will have the possibility to cancel our emails.

Móveis Jota Barbosa, Lda. keeps personal data for the period of time stipulated by the law in force. For any question about the collection and processing of data, the respective holder can contact the customer support service by email at: rgpd@jotabarbosa.com

You can also file a complaint with the National Data Protection Commission (CNPD), R. de São Bento 148, 1200-031 Lisbon.

Your personal data may be processed by companies subcontracted by Móveis Jota Barbosa, Lda., namely for the hosting of web pages, emails, carriers and payment system companies. These companies are provided with only the personal data necessary for the provision of the service in question.

13 – INTELLECTUAL PROPERTY

All elements of the https://jotabarbosa.com website, whether visual or sound, including the underlying technology, are protected under the Intellectual Property Law, in particular copyright, trademarks or patents. Such elements are the exclusive property of Móveis Jota Barbosa, Lda.

Users who have their own website on the Internet and wish to place, for personal use on their website, a simple direct link to the website’s homepage https://jotabarbosa.com , must request authorization from Móveis Jota Barbosa, Lda. In this case, it will not be an implicit affiliation or partnership agreement.

On the other hand, any hypertext link directed to Móveis Jota Barbosa, Lda.’s website and using the framing technique or in-line linking is formally prohibited. In all cases, any link, even tacitly authorized, must be removed with a simple request from Móveis Jota Barbosa, Lda.

14 – TOTAL AGREEMENT

These general conditions of sale constitute the entire agreement between the parties concerned.

If one of the clauses of these conditions becomes null and void, as a result of a legislative, normative or sentence change, this shall in no way affect its validity and respect.

15 – DURATION

These conditions apply throughout the duration of the services offered by Móveis Jota Barbosa, Lda.

All items presented on the site are valid up to the available stock limit.

16 – PROOF

Computerized records, stored in the computer systems of Móveis Jota Barbosa, Lda. and its partners under reasonable security conditions, are considered proof of communications, orders and payments made between the parties.

17 – APPLICABLE LAW AND COMPETENCE

Portuguese law applies to the conditions of this contract. The attribution of competence in case of litigation, and the lack of amicable agreement between the parties, will be competent in accordance with Law nº 144/2015 to the entity CNIACC (National Center for Information and Arbitration of Consumer Conflicts). www.arbitragemdeconsumo.org