Terms & Conditions
These Terms and Conditions were updated on November 4, 2023.
PREAMBLE
The following terms are established between FFDS Lda, headquartered in Portugal and holder of the TAX number PT517722542, hereinafter referred to as "Isabel Atelier", and any individual of legal age, hereinafter referred to as "User", who wishes to proceed with the purchase of products offered by Isabel Atelier ("Products") through the website isabelatelier.com.
The dispatch of orders for the Products will be carried out in accordance with the general conditions of sale defined herein.
These general conditions are applicable to visitors of the site isabelatelier.com as well as to all commercial transactions carried out through the virtual store Isabel Atelier under the same address.
The parties agree that their relations will be exclusively governed by these general conditions of sale, which are permanently available to all Users on the website isabelatelier.com.
The User agrees to use email as a means of communication with Isabel Atelier. For this purpose, they will send their messages, regardless of the reason, to: shop@isabelatelier.com
Article 1 - Purpose
The present conditions aim to define the general terms of sale established between Isabel Atelier and the User, from the act of ordering to the various services provided by Isabel Atelier, including payment methods and the terms of delivery of goods.
These conditions govern all the necessary steps to place an order. The User may place their order online at isabelatelier.com.
Article 2 - Order
To place an order, the User must register on the website isabelatelier.com, providing certain personal data such as their name, address, etc. For this purpose, the User must fill in all the mandatory fields on the registration form. Once registration is completed, the Isabel Atelier services will assign a Client number to the User. Only individuals who are of legal age may create an account on isabelatelier.com.
If the User is already registered, they must identify themselves by entering their email address and password.
The submission of the order implies that the User is aware of and expressly accepts the general conditions of sale available for consultation at isabelatelier.com, as well as the prices and descriptions of the products available for sale.
Once the purchase is completed, the User will receive an automatic email confirming the transaction. If the details are incorrect, the User can immediately request a change, or even cancel the order.
In the event of unavailability of the product, Isabel Atelier commits to inform the User and refund any amounts that may have been paid within a maximum period of 30 (thirty) days from the date of knowledge of such unavailability.
Should the offer or gift granted by Isabel Atelier to the User as part of their order run out, it will be replaced by another of equal or greater value.
Under the terms of Decree-Law No. 7/2004 of January 7th (as amended by Decree-Law No. 62/2009, of March 10th, and by Law No. 46/2012, of August 29th), regarding electronic commerce, Isabel Atelier reserves the right to unilaterally cancel the order whenever there is a programming error, a malfunction of Isabel Atelier's computers as well as if the contractual proposal arrives distorted at its destination and the error affects an essential element of the contract.
Cancellation of the Order:
- If you need to cancel an order, you must contact us by phone and email before the order is dispatched to proceed with the cancellation. It is not possible to cancel orders through the website.
Article 3 - Shipping
Shipping costs are waived for the User, provided that the delivery options available at the time of the order are utilized. The User will assume responsibility for any applicable customs fees and import taxes.
The indicative delivery times for major destinations do not include customs clearance time, if required. Isabel Atelier is not responsible for delays due to customs operations and any event that may affect the normal delivery times.
Procedure Upon Receipt of Products:
- Upon delivery of the products, the User must confirm the external condition of the packages and mandatorily sign the shipping guide / delivery receipt, communicating any non-conformities or damage, if applicable, to the carrier (e.g., damaged packaging, missing volumes, etc.).
- The User must carry out a qualitative and quantitative check of the received products, inspecting the inside of the package as soon as possible after receipt to verify if there are any anomalies or damages to the products, or if there are products missing.
- The User must inform Isabel Atelier of any identified damages or missing products within 7 days after receiving the products, via email.
Article 4 - Payment
Isabel Atelier offers the User various payment methods through payment services provided by third parties (via Shopify) and available during the checkout process.
Article 5 - Pricing
The prices are shown in euros, including VAT and excluding any customs duties and import taxes that may apply. The displayed prices take into account the VAT applicable on the date of the invoice. Any changes to the applicable VAT rate will be reflected in the prices of the products.
Prices and specifications are subject to change without notice. However, once the order is validated, the prices cannot undergo any changes. Despite its efforts, some products may present an incorrect price, which is why Isabel Atelier checks the prices whenever it processes orders. If the product's price is lower than the advertised price, Isabel Atelier will refund the difference. If the price is higher, Isabel Atelier will inform the User by email and will wait for their decision to accept the new proposal or cancel the order within 15 days from the date the User was notified.
Article 6 - Exchanges & Returns
Right of Free Resolution:
- The User may exercise their right to freely terminate the contract, in accordance with Decree-Law No. 24/2014, of February 14.
- To exercise their right of free termination, the User must inform Isabel Atelier of their decision to terminate the present contract by an unequivocal statement.
- To exercise the right of free contract termination, it is sufficient for the User's communication regarding the exercise of the right of free termination to be sent to Isabel Atelier within 14 consecutive days from the day on which the User or a third party indicated by them receives the Products.
- As specified in article 17 of Decree-Law No. 24/2014, of February 14, the User cannot exercise the right of free termination with respect to certain Products, namely: Products made according to the consumer's specifications or clearly personalized; Products which by their nature cannot be returned or are liable to deteriorate or expire rapidly; Sealed products not suitable for return for reasons of health protection or hygiene when opened after delivery; Products that, after delivery and by their nature, become inseparably mixed with other items.
- The User may inspect the nature, characteristics, and functioning of the Product as would be allowed in a commercial establishment. Any depreciation of the Product attributable to the User will be taken into account for the exercise of the right of free termination. All Products will be checked upon arrival at our service, and if the returned products are not in good condition, Isabel Atelier will take the necessary and admissible measures under Decree-Law No. 24/2014, of February 14.
- In case of termination of the present contract, the User must return the Products without undue delay and at the latest within 14 (fourteen) days from the day on which they informed Isabel Atelier of the free termination of the contract, accompanied by the original invoice.
- The User will be responsible for all the return and exchange expenses and should always keep proof of the shipment of the Products.
- The Products must be sent/returned to the addresses to be indicated by Isabel Atelier at the time of exercising the right of free termination.
- Once the above conditions are verified, Isabel Atelier will proceed to refund the User for all payments made, including delivery costs (with the exception of additional costs resulting from the possible choice of a different mode of shipment than the least expensive mode of standard shipment offered by Isabel Atelier), without undue delay and, in any case, at the latest within 14 (fourteen) days from the date on which Isabel Atelier is informed of the User's decision to terminate the present contract. Isabel Atelier may withhold the refund until the products are received or until the User provides proof of the product's return. The procedure for the return of the price and shipping cost is described below in article "Refunds".
Product Returns:
- All Products will be inspected upon arrival at our service, and only those that meet the return conditions mentioned here will be accepted.
- Returns of Products that show signs of wear, misuse, and/or any problem that may have caused the defect or malfunction of the item (e.g., fall, moisture, etc.) are not accepted, as well as any depreciation that prevents their resale as a new Product, including external packaging, wrappers, security seals, without prejudice to the warranty of consumer goods provided in article 7.
- The User must return the Product(s) in the condition in which they were received, without any signs of use, in the complete original packaging, accompanied by the respective invoice and the duly completed return slip (initially delivered with the invoice).
- The return, under the terms of this article, of the Products sold by Isabel Atelier is carried out under the full responsibility of the Users, and Isabel Atelier cannot be held responsible for it (damage, loss, etc.) until its arrival at our services, and the User must provide proof of the return.
- The Products must be sent/returned to the addresses indicated by Isabel Atelier at the time of the return request of the Products.
- If the entire Products are returned and the order has granted the User the right to a gift, the latter must also be returned.
- In the case of a refund request for a Product purchased at a reduced price due to a special offer, Isabel Atelier will refund the amount actually paid by the User and not the total amount.
- Isabel Atelier will proceed to refund the amount paid for the returned Products, as well as the shipping costs if the entire Products have been returned. The procedure for the return of the price and shipping cost is described below in the "Refunds" article.
Exchange Conditions:
- You may return items and request a refund or exchange if you are dissatisfied or if there is a defect. Exchanges will only be accepted for the same product and provided that the value of the item in the exchange order equals the value of the item in the initial order.
- The period for returns/exchanges is 14 days.
- The User should refer to the "Product Returns" section for the conditions of returning the Product(s) for exchange.
- The cost of the return will be the full responsibility of the User, who should always keep proof of sending the Products.
- If the User does not indicate another delivery location, the exchange Products will automatically be dispatched to the same delivery location to which the original Products were sent.
Refunds:
- When a refund is due under these terms and conditions, Isabel Atelier will attempt to carry out this refund through the original method of payment.
- If this is not possible, the User must provide Isabel Atelier with the details so that the refund can be made via Wire Transfer. Should additional fees arise from utilizing an alternative payment method to the original, these costs will be the responsibility of the User.
Article 7 - Acceptance & Liability
The submission and validation of the purchase order imply that the User has become fully aware of and expressly accepts these Terms and Conditions, which are available for review on the website isabelatelier.com.
All Products sold on the website isabelatelier.com comply with Portuguese legislation.
Without prejudice to Isabel Atelier's responsibilities regarding personal data protection, Isabel Atelier is not liable for damages resulting from interferences, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation, or the provision of services to the User due to force majeure.
Isabel Atelier declines any responsibility for possible delays or the impossibility of processing the order, particularly during delivery, due to error or insufficiency of the data communicated by the User. Likewise, Isabel Atelier cannot be held liable if the non-fulfillment of its obligations is due to an unforeseeable or insurmountable fact attributable to a third party or a case of force majeure, with the exception of situations resulting from intentional or gross negligence on the part of Isabel Atelier.
The Products sold are described and presented on the website isabelatelier.com with the greatest accuracy possible.
It is the User's sole responsibility to maintain their Client account information correct and updated, through the Client Area on the website isabelatelier.com, or through our Customer Support service.
Article 8 - Personal Data Processing
FFDS Lda, headquartered in Portugal and holder of the TAX number PT517722542, ("Isabel Atelier"), is responsible for processing the personal data of the Users collected on the website isabelatelier.com.
For information on the processing of Users' personal data, please consult Isabel Atelier's Privacy Policy available on the website isabelatelier.com
Article 9 - Intellectual Property
All elements of the Isabel Atelier website, whether visual or audio, including the underlying technology, are protected by intellectual property rights (copyright, trademarks, patents). They are the exclusive property of Isabel Atelier.
Any total or partial reproduction or representation of the website isabelatelier.com or any of the elements included in it is strictly prohibited without prior written authorization from lsabel Atelier, under penalty of legal action against any violator.
A User who has a personal Internet site and wishes to place, for personal use, a direct hyperlink to the homepage of the Isabel Atelier website, must obtain mandatory authorization from Isabel Atelier. This shall not be considered an implicit affiliation or partnership agreement.
Furthermore, any hypertext link directed to the Isabel Atelier website and using the technique of framing or in-line linking is formally prohibited.
In all cases, any hyperlink, even tacitly authorized, must be removed upon a simple request from Isabel Atelier.
Article 10 - Applicable Law & Jurisdiction
The present General Conditions of Distance Selling are governed by Portuguese law.
Any dispute arising from these General Conditions of Distance Selling will be submitted to the competent Portuguese court.
Alternative Dispute Resolution:
- In case of disputes initiated by a consumer against Isabel Atelier regarding contractual obligations arising from contracts of purchase and sale or provision of services, concluded between label Atelier and consumers residing in Portugal, the consumer may resort to a Consumer Dispute Resolution Entity. For more information, you can consult the website www.consumidor.gov.pt.
- You can alternatively consult the Online Dispute Resolution platform: ec.europa.eu/consumers/odr.