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General Sales Terms And Conditions

Clause 1 – Object

1.1. The online shop  www.lusamater.pt  is represented by Marta Canas, sole proprietorship n.º 214605612, with its place of business at Rua Elísio de Melo, number 28 – sala 9, parish of Santo Ildefonso, 4000-196 Porto, Portugal and with e-mail address: info@lusamater.pt, hereinafter identified on website by “Lusa Mater“, is the sole proprietor and manager of this website.

1.2. These sales conditions apply to:

(a) all offers contained in this website;

(b) all agreements completed between Lusa Mater and any Customer who makes an order via this website.

(c) all agreements completed between Lusa Mater and any Customer who makes an order via email, under a costumised quotation..

1.3. Lusa Mater only accepts orders for products via this website or email and subject to these sales conditions.
1.4. Before making any order, the Customer should read these general sales conditions carefully.
1.5. By submitting an order, Customer expressly confirms acceptance of these General Sales Terms and Conditions.
1.6. Lusa Mater may alter its sales conditions at any time and with immediate effect after publication on the website. Nonetheless, such alterations shall only apply to sales made from that date onwards.

Clause 2 – Registration Process

2.1.  Customer registration is optional In order to make purchases via this website.

2.2. Registration is free of charge and may be achieved through insertion of the Customer’s personal data fields in the electronic fields intended for this purpose, or via their Facebook personal account, in which case the elements of the Facebook account profile will be integrated into Lusa Mater’s registration. The Customer’s personal data is protected under the terms of our Privacy Policy.
2.3. The Customer guarantee the veracity of the data entered at the time of registration, and assumes responsibility for the accuracy of this data.
2.4. Each Customer account is personal, unique and non-transferable, and it is nor permitted to create more than one account per Customer.
2.5. The Customer is responsible for all uses of his account, wherein access is restricted and protected by his email and password.
2.6. The Customer agrees to immediately inform Lusa Mater regarding any misuse or unauthorized use of his account, via email info@lusamater.pt, in order to enable the latter to block the respective access.

Clause 3 – Ordering Products

3.1. Only persons aged 18 years or older may order at Lusa Mater.
3.2. The products offered by Lusa Mater may not precisely correspond in real life, to the images and colours displayed on the site, either due to the browser or type of monitor. The images shown are purely indicative.
3.3. The products available on the site are limited to available stock. In case of  difficulties with the products supply or existences are exhausted, Lusa Mater will refund all amount paid by the client, concerning the missing products
3.4. Lusa Mater may withdraw any offer at any time, however, this will not affect orders that have already been placed.
3.5. Ordering a product commences with selection of items – placing them in the same shopping cart of purchases.
3.6. The order will only be accepted after the respective payment.
3.7. The order will be considered to be accepted and the agreement concluded, upon reception of an e-mail from Lusa Mater, confirming the order and payment.

Clause 4 – Lusa Mater Credits

4.1. Lusa Mater may grant promotional codes and credits (with specific amount,validity, condition of use, clearly specified) that can be used on checkout, subject to the conditions of use of each promotional code or credit.
4.2. Credits or promotional codes expire if they are not used within its validity period, and it is not possible for them to be reimbursed in cash or transferred to other Customers.
4.5. Lusa Mater reserves the right to change or terminate the credits award system, at any time, while respecting all credits granted until that date.
4.6. The use of multiple e-mails in order to create different registrations with Lusa Mater, as well as use thereof to obtain benefits, specifically in order to accrue credits and / or promotional coupons will lead Lusa Mater to cancel the Customer’s account immediately, without prejudice to any civil and / or criminal liability that may arise.

Clause 5 – Deliveries and Postage and Packing

5.1. Products  delivery is pre-defined  to European Union countries and Switzerland. However we can ship to the rest of the world, under client request.
5.2. Lusa Mater does not make deliveries to PO boxes.
5.3. The order will be deliveried within the deadline specified in the product’s page.
5.4. The Customer will be informed about the postage & packing costs during the order procedure. These amounts are not included in the prices indicated in the order check out page.
5.5. If the order is not received or collected by the Customer within the defined delivery time and location, it will be returned to origin and there will be considered to have been tacit rescission by the Customer, wherein the provisions established in clause 9 shall apply.
5.6. The delivery deadlines referred to in this clause are purely indicative forecasts, and are based on the assumption of normal operation of services, wherein there may be exceptional circumstances beyond the control of Lusa Mater, and therefore the latter assumes no liability in the event of delays in the delivery deadlines.

Clause 6 – Prices

6.1. The indicated prices, offers and promotions are exclusively for purchase via this website.
6.2. The prices are presented in euros and include VAT at the prevailing legal rate ( VAT 0%, art 53º, CIVA) .
6.3. The prices do not include postage and packing costs, which will be indicated in a separate item when finalising the Order.
6.4. Deliveries made to non-EU countries may be subject to additional fees or taxes, in conformity with the respective customs policy. These amounts, cannot reasonably be calculated in advance, are not included in the advertised prices, and are the responsibility of the Customer, who should previously check with local (Customs) agencies regarding the cost of importing the product he intends to purchase.
6.5. The prices and other descriptions are subject to unannounced alterations. Any alteration to the prices shall only have an impact on new orders and do not affect any other orders that have already been concluded.

Clause 7 – Means Payment

7.1. The available means of payment are as follows:

a) Payment via Paypal;

b) Payment via Multibanco ATM payment reference (via Easypay).

c) Payment via Bank Transfer

7.2. Payment by Multibanco ATM payment reference is only possible via accounts held in Portuguese banks, and must be made within 48 hours following creation of the reference, under penalty of cancellation of order.
7.3. Payment by Bank Transfer must be made within 48 hours following creation of the reference, under penalty of cancellation of order.
7.4. Payments will be made via a universal payment service provider, and therefore Lusa Mater does not have access to the data specifically used for this purpose.

Clause 8 – Right of Rescission

8.1. The Customer has a maximum deadline of 14 days counted from the date of reception of the product, to exercise his right of rescission of the contract signed with Lusa Mater. When an order covers various products and if these are delivered separately, the deadline shall be counted from reception of the last product. The deadline will be expressed in consecutive calendar days, and will be counted from the day after the product is received (inclusive).
8.2. Rescission should be communicated via a registered letter with recorded delivery, sent to Lusa Mater’s adress defined on Clause 1. Alternatively it may be performed by email
8.3. In the event of rescission of the contract, the Customer must return the products to Lusa Mater within 14 days, wherein the Customer undertakes to send the product to the person and address indicated on the RMA (Return Merchandise Authorisation) that will be issued by LUSA MATER and sent by email to the Customer after reception of his letter of rescission.
8.4. The Customer must return the products in the brand new state in which he received them, and he assumes the risk of loss or damage of the products from the time on which he takes physical possession thereof, until Lusa Mater confirms receipt of their return. The Customer is liable for the wear and tear of the products handled by him, in any manner that goes beyond that which is strictly necessary in order to ascertain their nature, characteristics and operation, within the accepted inspection criterion applying in any physical shop.
8.5. At the time of rescission, the Customer will pay for the products’ transport costs.
8.6. Lusa Mater is obliged to refund the Customer for the amount of the rescinded purchase within a 14-day deadline, but this refund will be withheld until the products are actually returned.
8.7. The Customer may not exercise the right of rescission in relation to contracts concluded for the following products: products made according to the Customer’s specifications or customised for the Customer, products that are liable to deteriorate or which quickly exceed their expiry date; sealed products that are not suitable to be returned, due to health or hygiene protection reasons when opened after delivery; sealed audio or video recordings or sealed software, once the seal guaranteeing that they haven’t been opened has been broken.
8.8. The products whose contracts may not be rescinded will be clearly marked in their sales information or costumised quotation.

Clause 9 – Guarantees

9.1. All products sold by Lusa Mater are covered by a legal warranty. The products may also have additional manufacturer guarantees, according to the documentation that accompanies the product. Customers are recommended to keep the purchase invoice, since this will be requested in the event of a future claim under any warranty
9.2. Upon reception of the order, the Customer undertakes to check whether the products have any apparent defect, and the product shall be considered to be delivered without any damages, when it is accepted without any reservations. In the event of damages to the product or any apparent defects, the Customer should not accept the order, and should immediately return it.

Clause 10 – Applicable legislation and Arbitral Tribunal

10.1. The terms and conditions of this contract are governed by Portuguese Law.
10.2.  In case you have been dissatisfied with the purchase of the product or with the service provided on the Lusa Mater website, you may also, without prejudice to the right to submit the dispute to the appraisal and decision of a court to appeal to one of the alternative consumption dispute settlement entities, at or https://webgate.ec.europa.eu/odr
Lusa Mater online shop has also  adhered, through Marta Canas, to the following Arbitration and Consumer Information Centre, an alternative dispute settlement entities :
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
CICAP – Centro de Informação de Consumo e Arbitragem do Porto


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