Termini e condizioni generali

1. Introduction

These General Terms and Conditions govern the access and the use of the website  www.artebianca.pt by any user, which is managed by Enzimacodigo LDA., com sede na Rua Do Vento 3, 8670-082 Aljezur (Portugal) e com o número fiscal e de pessoa colectiva 515134490 (doravante “Arte Bianca ”). For any legal information whatsoever relating to the Website, any user may inspect the sections Sale Conditions and Privacy Policy, which constitute an integral and substantial part of these General Terms and Conditions.

The use of the Website by any user is subject to the following General Terms and Conditions. The use of the Website implies the integral acceptance of the following General Terms and Conditions by the user. In the event that it does not accept these General Terms and Conditions, the user is pleased to exit from the Website.

Arte Bianca may amend or simply update, in whole or in part, these General Terms and Conditions, as well as the Sale Conditions and the Privacy Policy. Any amendments and updates to these General Terms and Conditions, as well as those related to the Sale Conditions and to the Privacy Policy, will be binding as soon as published in the relevant section on the Website. Users are therefore recommended to access on a regular basis to the sections General Terms and Conditions, Sale Conditions, Withdrawal Right, Privacy Policy in order to verify the publication of the most recent and updated conditions.

The access and the use of the Website are available only and exclusively for personal use for the purpose of ordering Arte Bianca products (the “Products”) or of obtaining the services made available by Arte Bianca and for obtaining information on the same, and, therefore, are unrelated to any commercial, entrepreneurial and professional user’s activity.

Arte Bianca will evaluate the fulfillment by any user of these General Terms and Conditions in its sole discretion. Any breach whatsoever of the same General Terms and Conditions may cause the withdrawal of the license granted by Arte Bianca at any time whatsoever pursuant to the following Article 1 and in compliance with these General Terms and Conditions and Arte Bianca  may assert to pursue its rights in the widest manner allowed by the law.

Any user undertakes to indemnify and hold harmless Arte Bianca , its affiliates and subsidiaries, as well as the relevant representatives, partners and employees, from any damages, liabilities, appeals or compensation requests, including the legal defense expenses in a reasonable measure, made by third parties as a consequence of the use of the Website by the relevant user in a manner not compliant with these General Terms and Conditions, and/or of any breaches of the conditions herein provided, and/or of any default pertaining to the representations and warranties provided in these General Terms and Conditions.

2. License

Notwithstanding what provided in other clauses of these General Terms and Conditions, Arte Bianca allows any user to use this Website exclusively for its personal use and for informative purposes only, as provided by these General Terms and Conditions. Such use option may be revoked by Arte Bianca , in its sole discretion, at any time whatsoever. Subject to the extent it is allowed by these General Terms and Conditions or by the law, the relevant user may not copy, use, transfer, rent, sublicense, lend, amend, adapt, attempt to modify or alter the source code, make reverse engineering transactions, decompile, disassemble or otherwise operate, in whole or in whatever part, on the content of the Website. By accessing the website, any user assumes the risk that the content of the same may be incomplete, inaccurate, not updated, or that may not satisfy its needs and requirements.

3. Contents and limitation of liability of Arte Bianca

The access and the use of the Website, including the display of the webpages, constitute activities carried out by the users.

Any user will be the sole and only responsible of the use of the Website and its contents. Indeed, Arte Bianca cannot be deemed responsible of the use (if any) of the Website by the user in a manner not compliant with the law provisions in force.

In particular, the relevant user will be the only and sole responsible for the communication of incorrect, false or third parties’ information and data, without their consent, as well as for the incorrect use of the same.

The contents of the Website may contain inaccuracies or typos. Arte Bianca cannot be deemed responsible, in any case and for any reason whatsoever, neither for any inaccuracies and errors, nor for damages (if any) caused or arisen by the trustworthiness created by the users based on the information derived from the Website or by means of the same. Any user will be the only and sole responsible of the evaluation of the information and the content obtainable by means of the Website.

The Website and all the information and contents published therein may be amended by Arte Bianca in any moment whatsoever, from time to time and without prior notice.

Since any material will be downloaded or otherwise obtained by the use of the service, upon user’s choice and on its own risk, any liabilities for any damages (if any) to computers or losses of data resulting from the downloading transactions carried by the user, fall on the same user and may not be imputed to Arte Bianca . Arte Bianca disclaims any liability for damages (if any) arising from the inaccessibility to the services available on the Website or for damages (if any) caused by virus, damaged files, errors, omissions, service interruptions, contents cancellations, issues related to the web, the providers or to telephone and/or telematics connections, unauthorized accesses, data alterations, missing and/or defective functioning of the electronic devices of the relevant user.

Any user is responsible for the custody and the correct use of its own personal information, as well as for any harmful consequence or prejudice that may arise on Arte Bianca or third parties following the incorrect use, the loss or the steal of such information.

In the event of registration, the relevant user is responsible for the custody and the correct use of its credentials, that allows to access to reserved services. In such event, the relevant user is bound to choose a user ID and a password. Furthermore, the relevant user is bound to provide specific information that shall be correct and updated. The user cannot choose a user ID pertaining to another subject with the aim of use its identity. Furthermore, a user cannot use the user ID pertaining to another subject without its express authorization.

Any user is bound to guarantee the confidentiality of its password, avoiding sharing the same with third parties.

Any user is fully responsible for any action undertaken by means of its account, either directly or by third parties authorized to do so by the same user. Each abusive, fraudulent or, in any case, illegal use causes the immediate withdrawal of the license in Arte Bianca ’s sole and absolute discretion.

Arte Bianca has adopted suitable technical and organizational measures in order to safeguard the security of its services on the Website, the integrity of data related to the electronic traffic and communications in relation to the forms of use or knowledge not allowed, as well as to avoid risks related to dissemination, destruction or loss of data and confidential and not confidential information, related to its users, being present on the Website, or related to the access – not authorized or not compliant with the applicable law provisions – to the same data and information.

Nevertheless, Arte Bianca does not warrant and cannot guarantee that there is no virus on the Website or any element that may adversely affect any technology.

4. Access to the Website and interruption, suspensions

Arte Bianca will attempt a continuous access to the Website; nevertheless, the access to the Website may be suspended, limited or interrupted at any time whatsoever. The access to the Website, furthermore, may be limited occasionally in order to allow restorations, maintenance or introduce new functionalities or services. Arte Bianca will attempt to restore the access as soon as possible. Furthermore, Arte Bianca hereby reserves the option to block the access to any material and/or to remove any material that, in its sole and absolute discretion, may cause breaches of these General Terms and Conditions.

Arte Bianca hereby reserves the option to close the account of each user that violates these General Terms and Conditions, including in the event that it is verified that an user is using proxy IP addresses in order to attempt to hide the use of multiple registration accounts, or to purport to be placed in a Country other than the one in which it actually is, or that causes disruptions to the functioning of the Website in any manner whatsoever.

5. Personal data protection

Any user is recommended to inspect the Privacy Policy, which constitutes an integral part of these General Terms and Conditions, for the purposes of understanding how the Website collects and uses the user’s personal data and for what purposes.

6. Intellectual property rights

All rights are reserved. The Website and its whole content, including but not limited to, articles, opinions, other texts, lists, guides, photos, figures, pictures, video and audio clips and marketing texts, as well as marks, logos, domains names, firms or service marks and any other material that may be subject to property rights (including the source codes) and/or any other form of intellectual property (hereinafter, together, “Material”), are property of Arte Bianca or of other third parties, and are protected against the unauthorized use, the copy and the dissemination by the national laws concerning author’s right, marks, marketing and other laws and by international treaties. Nothing included in these General Terms and Conditions and/or in the Website shall be interpreted as an implied granting, for acceptance or of other kind, of a license or of a right to use any Material in any manner whatsoever without the prior written consent of Arte Bianca or of the third party owning the Material or the intellectual property published on the Website. Using, copying, reproducing, amending, republishing, updating, downloading, sending by mail, transmitting, distributing or duplicating or any other abusive use of the Material are forbidden. In its capacity of user of the Website, the relevant user accepts not to use the Material for illegal purposes and not to breach Arte Bianca ’s rights.

Nevertheless, any user may find and display the content of the Website and/or the Material on the screen of a computer, store such content in electronic form on a disk (but not on a server or on a memory device connected to a web) or print a copy of such contents for its personal and not commercial use, subject to the preservation of all the notes related to the author’s rights and the other intellectual property rights.

Accessing the Website does not grant to any user any rights on the contents made available by Arte Bianca .

7. Links to other websites

In the event that the Website includes links to third parties’ websites and to resources provided by third parties (“Other Websites”), Arte Bianca hereby specifies that the links to such Other Websites are included exclusively for information purposes and for user’s convenience. Arte Bianca has no control on the Other Websites and therefore, does not assume any liabilities for such Other Websites or for the content or the products of the Other Websites (including, but not limited to, the reference to social networks such as Facebook) and does not assume any responsibilities for any losses or damages that may arise from the use of the Other Websites by the user, also with reference to the processing of its personal data during its web surfing transactions. In the event that the relevant user decides to access any of the Other Websites, the link to which is provided on the Website managed by Arte Bianca , it will do so on its own and exclusive risk.

Any user shall; therefore, pay attention in connecting to the Other Websites through the links on the Website managed by Arte Bianca and read carefully their terms and conditions and privacy policies.

8. User’s Representations and Warranties

Any user represents and warrants that:

1. it has read and fully understood these General Terms and Conditions;
2. it will refrain from reproducing, duplicating, copying, selling, reselling and in any case exploiting for commercial purposes the Website or its contents or a part therefore, as well as from reproducing or using in any manner the marks and logos of Arte Bianca ;
3. it will not publish or use false, libelous or defamatory data;
4. it will refrain from any form of use, direct and/or indirect, of the services and of the Website that is against the law or not compliant with what provided in these General Terms and Conditions of the Website or on the Website;
5. it will not disseminate virus, spyware, adware, rootkit, backdoor, Trojan and other similar IT threats;
6. it will not use software or other automatic or manual mechanisms in order to copy or access the pages of the Website and their content.

9. Miscellanea

In the event that any part whatsoever of these General Terms and Conditions is judged invalid, such part shall be deemed non-written and the remaining clauses that will be maintained valid and enforceable.

These General Terms and Conditions are governed by the Portuguese according to the agreements executed in this country. If the parties are unable to reach an amicable agreement, any claims and disputes concerning the interpretation, implementation and/or application of this Agreement, shall be definitely settled before the Courts of Lisbon, with express waiver of any other.

Client may contact the Client Support Service for any matter related with the Terms & Conditions or for any query related with the use of the Website, through registered post with a form of acknowledgment of receipt at the address [*] or through the e-mail [*]

DATE OF PUBLICATION ON THE WEBSITE AND OF ENTRY INTO FORCE: [*]

POLICY AND SALE TERMS AND CONDITIONS

Enzimacodigo LDA., com sede na Rua Do Vento 3, 8670-082 Aljezur (Portugal) e com o número fiscal e de pessoa colectiva 515134490 (doravante “Arte Bianca ”), is the manager of the website www.artebianca.pt.

Acceptance of the sale general conditions.

1. The agreement entered into by Arte Bianca and the user (hereinafter, the “Client”) shall be deemed to be executed with the acceptance, even only partial, of the relevant order by Arte Bianca . By entering an order in any of the several manners provided, the Client represents to have inspected all the indication provided to the same by this document and/or during the purchase procedure and to wholly accept the following general conditions and the payment conditions.
2. In the event that the client is a consumer (as per article 2, paragraph 1 of Law no. 24/96 of 31 July), once the online purchase procedure has been concluded. The Client acknowledges and expressly accepts that in order to purchase alcoholic beverages must be at least eighteen years of age. Therefore, the Client, by completing an order that contains alcoholic beverages, expressly declares and guarantees to be an adult. Arte Bianca reserves in any case the right to check and determine the age of the Client in the delivery phase. In the event of proven lack of such requirement the delivery of alcoholic beverages shall not occur.
3. Any Client’s rights whatsoever, related to compensation or reimbursement, as well as any contractual or extra-contractual responsibilities for direct or indirect damages to persons and/or things, caused by the missing acceptance of an order, in whole or in part, by Arte Bianca , is hereby excluded.

Purchase Methods

1. The Client may purchase only the products included in the electronic catalogue as of the moment of the order dispatch and displayed online at the address (URL) https://www.artebianca.pt, as described in detail in the relevant informative forms. It is hereby understood that any images accompanying the relevant product describing form could be not perfectly and completely representative of the relevant product’s features, but it could differ for color, dimensions, ancillary products being included in the image. All the purchase supporting information shall be deemed to be simply a generic informative material, not related to the real features of a single product. The Client may require further information at any time whatsoever using the contacts specified under the following Article 19.
2. The correct receipt of the relevant order is confirmed by Arte Bianca by an e-mail, sent to the electronic mail address communicated by the Client. Such confirmation e-mail will include, other than a copy of these Sale Terms and Conditions, date and time of the relevant order’s execution and a “Client’s Order Number”, to be used in further communication with Arte Bianca . The message reproduces all the data inserted by the Client, who undertakes to verify the correctness of the same and to promptly communicate amendments (if any), following the procedure described in this document.
3. In the event of no acceptance of the order, Arte Bianca guarantees to promptly communicate such circumstance to the Client.

Payment methods

1. The Client may carry out the payment of the products’ price and of the relevant delivery expenses by means of credit card and by cash on delivery.
2. Credit Card

In the event that the relevant purchase is carried out with the payment modalities by Credit Card, at the same time of the execution of the online transaction, the relevant banking institute will authorize the sole commitment of the amount related to the purchase made. The amount related to the goods processed, in whole or in part, will be actually debited on the Client’s credit card as of the execution and acceptance of the relevant order by Arte Bianca .

8.1 In the event of order’s cancellation caused by the non-acceptance of the same by Arte Bianca , Arte Bianca will at the same time promptly require the cancellation of the transaction and the release of the amount committed. The release timeframe, for specific type of cards, depends exclusively on the banking system and may arrive to their natural maturity (24th day after the authorization date). Once executed the cancellation of the transaction, the Client agrees and expressly accepts that Arte Bianca could not be deemed responsible for any direct or indirect damages caused by a delay in the lack of release of the committed amount by the banking system.

8.2 A Arte Bianca hereby reserves the option to require to the Client integrative information (i.e. a fix telephone No.) or the dispatch of a copy of the documents proofing that the Card used is owned by the same Client. Lacking the required documentation, Arte Bianca hereby reserves the option not to accept the relevant order.

8.3 Arte Bianca is not able, at any time during the purchase procedure, to know the information related to the purchaser’s credit card, being transmitted through a protected connection directly to the website of the banking institute managing the transaction. No IT archive of Arte Bianca will store such data. Therefore, in no event Arte Bianca may be deemed responsible for any libelous and illicit of credit cards by third parties as of the payment of the goods purchased.

1. Cash on delivery

This payment method is available for orders for an amount not higher than 100 € only and in relation to cash payments. The relevant payment will be done as of the receipt of the relevant goods and may be carried out exclusively in cash, debit cards or credit cards.

The home delivery service is available in the areas specified in the website only, from Monday to Thursday from 11:30 am to 11:30 p.m. and from Friday to Sunday from 11:30am to midnight. The opening hours could vary depending on the relevant store.

The Client acknowledges and expressly agrees that the subjects carrying out the home delivery service could not give change for an amount higher than 40 €.

Delivery methods and expenses

1. Arte Bianca issues a receipt of the dispatched material for each order made online, sending the same by e-mail to the holder of the order, pursuant to the applicable provisions in force. Trust will be made on the information provided by the Client as of the order for issuing the relevant receipt. After the issue of the receipt, no amendment can be made to the same.
2. The prices of the products include all the applicable taxes and duties. All the prices are expressed in Euro. The payment of the goods by the Client will be made using the methods chosen as of the order. The Client does not due anything other than the order’s total.
3. No responsibility may be charged to Arte Bianca in the event of delays in handling the order or in delivering the ordered goods.
4. Home delivery is made for orders of an amount equal to or higher than 7,50 €, including VAT.
5. As of the delivery of the goods by Arte Bianca , the Client is bound to control that the number and the nature of the products being delivered correspond to what is specified under the waybill anticipated by e-mail; any discrepancies from the order made shall be immediately challenged.
6. If it is impossible to deliver the relevant goods to the address specified by the Client as of the order, the ordered goods will be returned to the sale points of Arte Bianca .

Withdrawal right

1. Once the order has been submitted and the payment has been authorized, it is impossible to modify or cancel the Order and no repayment is due. If the Client wishes to modify or cancel the order, it could contact Arte Bianca following the procedure specified under Article 19, which will attempt to block the relevant order. However, no assurance could be given that Arte Bianca will succeed in cancelling the order, since the order’s processing procedure could be started yet. The Client represents, pursuant to Article 17 of Decree-Law 24/2014, of 14 February, to have no right to withdraw from the orders made once the requested good has been delivered.
2. In particular, the withdrawal right is excluded in the following circumstances, pursuant to Article 17 of Decree-Law no. 24/2014, of 14 February:
   1. order of tailored or clearly personalized products;
   2. order of products that risk to deteriorate or to expire quickly;
   3. order of sealed products that could not be returned for hygiene reasons or reasons connected to the health protection or that has been opened after delivery.

With reference to the circumstances of exclusion of withdrawal right listed above, the Client has been informed and agrees that the products that “risk to deteriorate or to expire quickly” include all the alimentary Products (including alcoholics and drinks).

Guarantees

1. In the event of non-compliance of the products the Client shall contact Arte Bianca immediately by the means described under the following Article 19. Arte Bianca fully respects the legal warranties and consumers rights as provided by the applicable Portuguese law.

Information and Complains

1. Any complain shall be addressed to Arte Bianca , by registered letter with return receipt to [*] or by e-mail to the address [*].

Governing Law

1. The sale agreement between the Client and Arte Bianca shall be deemed to be entered into in Portugal and governed by Portuguese law. If the parties are unable to reach an amicable agreement, any claims and disputes concerning the interpretation, implementation and/or application of this Agreement, shall be definitely settled before the Courts of Lisbon, with express waiver of any other.