Terms and Conditions

The Garden Stay website domain belongs to Imodochitan, Unipessoal Lda, 513027203, which is responsible for its operation and management.

The use of the website by third parties implies acceptance of these Terms and Conditions of Use ("TCU") by its users.

1. ACCESSING THE WEBSITE

Access to the website may be denied to third parties at any time, specifically for repair or maintenance purposes. In addition, Imodochitan, Unipessoal Lda. has the right to close the site at any time in the event of any circumstance that, in its opinion, justifies this.

The online shop service consists of making available, via the address www.gardenstay.pt, information on a range of products, duly identified in the respective catalogues, allowing the User to electronically order the products advertised on the site, under the terms and conditions described herein.

The elements and information transmitted by Users will have full legal effect, with the User recognising the electronic purchases and not being able to allege the lack of signature for breach of the obligations assumed.

Users undertake to use this service in compliance with the laws and regulations in force applicable to it, as well as the Terms and Conditions set out herein.

Users may not alter the content of the service or send messages that contain computer viruses or may cause any other damage.

The sales process is subject to compliance with the rules set out in Decree-Law 24/2014 of 14 February, which transposes Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on distance and off-premises contracts.

2. INTELLECTUAL PROPERTY RIGHTS

Users recognise that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation. The copyright on all texts, drawings, images, graphics and other content on the site belongs to Imodochitan, Unipessoal Lda.

Users also acknowledge that any content appearing in advertising, highlighting, promoting or mentioning any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, and that any use of such content may only take place with the express authorisation of the respective owners.

Users are not authorised to reproduce, copy, alter, sell or use these elements without first obtaining the necessary written authorisation.

3. RESPONSIBILITIES

All products and services commercialised in the online shop are in accordance with Portuguese law.

The shop has adequate levels of security, but the Garden Stay shall not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications arising from factors beyond its control, in particular any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or arising from the downloading via the service of files infected with or containing viruses or other properties that may affect the User's equipment.

If, due to an error in accessing the online shop's website, it is impossible to provide the service, the Garden Stay will not be liable for any damages.

Data and information consultations carried out within the scope of this service are presumed to have been carried out by the User, declining the Garden Stay any liability arising from the misuse or fraudulent use of the information obtained.

A Garden Stay shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the service when this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for:

  1. errors, omissions or other inaccuracies relating to the information made available through the service;
  2. damages caused by the fault of the User or third parties, including intellectual property violations;
  3. non-compliance or defective compliance resulting from compliance with judicial decisions or decisions of administrative authorities;
  4. non-fulfilment or defective fulfilment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to and beyond the control of Garden Staywhich prevent or jeopardise the fulfilment of the obligations assumed.

4. USER OBLIGATIONS

The user undertakes to:

    1. Provide correct personal details and addresses;
    2. Do not use false identities;
    3. Respect the conditions of use for orders.

If any of the data provided by the User is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, who will be held liable. Garden Stay declines all responsibility.

In the event that the User violates any of these obligations, the Garden Stay reserves the right to delete future purchases, block access to the shop, cancel the provision of any other services made available to the same User, and also not allow the User future access to any or all services made available by Garden Stay.

5. AMENDMENTS TO THE TCU

A Garden Stay reserves the right to make any necessary changes to these TCU, in particular with regard to information on price, products, specifications, promotional actions and services.

Whenever this happens, they will be published on the Site, so it is advisable for users of the Site to consult it regularly.

6. SUGGESTIONS AND COMPLAINTS

Should Users have any questions relating to these TCU, the following contact details may be used:

geral@gardenstay.pt

Conditions of Sale

Product transactions carried out through this online shop are subject to Portuguese legislation and are governed by the following conditions:

1. ONLINE SHOP REGISTRATION

Individual registration in the online shop is done in the "Customer Area".

This registration makes the purchase process easier by recording the User's identification data, allowing the User to be recognised immediately without the need to re-enter it.

Users can update their personal details online whenever they make a purchase in the online shop.

Access is restricted to each User and guaranteed by the use of a login and password which must be changed on first use.

This data is sent to the User's e-mail address to ensure confidentiality and the User is solely responsible for its subsequent use, and the tool never has access to this password.

2. PRICE AND PAYMENT

The price is indicated in euros with all taxes and duties included in the description, but excluding delivery costs, which are added before the order is validated.

Garden Stay informs that the prices charged are exclusive to the online shop www.gardenstay.pt and may differ from the prices charged in other online shops (marketplaces).

The payment methods available are credit card, ATM reference and Mbway.

3. SHIPPING METHODS AND COSTS

Shipping will be handled by CTT and will be calculated according to weight for orders under 45€. Orders over this amount will be sent free of charge.

The estimated delivery time is between 1 and 10 working days after payment confirmation, counting from the next working day, and the delivery address must be indicated by the customer at checkout. It is important to provide a telephone contact number so that the courier can answer any questions you may have.

Checking that the dimensions of the product are appropriate is the responsibility of the Customer, who must ensure that they comply with the spatial limits of the lifts, doors and corridors at the place of delivery. No assembly or disassembly of the product, transport via stairs and/or doors and windows, or lifting of deliveries will be carried out.

Up to three delivery attempts will be made to the location provided, on alternate days, with an interval of up to 24 hours between deliveries. It is essential that, at the address requested, there is a person authorised by the buyer, over the age of 18, and carrying identification to receive the goods and sign the delivery protocol. If three delivery attempts are unsuccessful, the order will be returned to the distribution centre of Garden Stay.

Once the order has been finalised, it is not possible to change the payment method and/or delivery address, request an advance payment or prioritise delivery.

The delivery time informed during the Product purchase procedure takes into account the stock, the region, the invoice issuing process and the product preparation time.

A Garden Stay does not authorise the carrier to: enter the home; deliver by alternative means (e.g. hoisting the product through a window); carry out product installation or maintenance; open the product packaging; deliver to an address other than that stated on the DANFE; deliver to minors or those without identification documents.

4. CANCELLATION AND CHANGES

In order to exercise the right of withdrawal, the User must provide all their identification details (Name, address and e-mail address), the item to be withdrawn and the date of purchase.

For cancellations or changes to orders, send an email to geral@gardenstay.pt at least 48 hours before the delivery date initially set. Obviously, in this case, the delivery date and shipping costs may change.

5. RETURNS

The delivery of products purchased through this service complies with the legal rules applicable in Portugal to distance and off-premises contracts (Decree Law 24/2014 of 14 February).

A Garden Stay prioritises the quality of all products sold so that they reach the customer in the best possible condition. If any product does not fulfil these quality criteria, the full purchase price will be refunded, including shipping costs, provided that the request is made within 72 hours of the delivery date. Returns will not be accepted after this period has elapsed.

The package must be returned complete, as it was delivered and accompanied by all the documentation received, including the sales invoice, to the following address: Painel Carvalhal das Vinhas, Caixa nº 7, 7300 - 436 Ribeira de Nisa.

In order to exchange the product, you must ensure that the packaging is complete and contains all the components that make it up. If any of the elements are missing, no exchange will be made and the product will be sent back to the User.

Once the return has been received and checked at the company's premises, the User will be refunded the amount paid for the order (value of the sales invoice).

If the User has used a promotional discount code, this amount will not be refunded, i.e. the refund will only be for the amount actually paid.

The refund will be made by bank transfer. The refund will be made within 14 days of receipt of the return of the goods.

If any of the components of the item sold are missing, or if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original dispatch address.

6. CONFIDENTIALITY

It is the responsibility of Garden Stay the preservation of the confidentiality of all data and information provided by the Customer in the purchase process.

7. CUSTOMER SERVICE (SAC)

All customers have a customer service centre (SAC), available from Monday to Friday, from 9am to 1pm and from 2pm to 6pm, to answer any plant-related queries, resolve any requests or complaints regarding their order or any content available on the site. The Customer Service Centre can be contacted on (+351) 960 155 944 or by calling form on the website.

8. ARBITRATION AND CONFLICT MEDIATION MECHANISMS

The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to the Garden Stay of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

The complaint must be submitted within a maximum of 30 (thirty) days from the time the User becomes aware of the facts, and will be registered in the company's information systems. Garden Stay who must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of receipt.

9. APPLICABLE LAW AND JURISDICTION

This document is governed by Portuguese law.

For the resolution of disputes arising from this contract, the courts of the District of Oporto shall have jurisdiction, expressly waiving any other jurisdiction.

These conditions of sale and use of the website detailed above exclusively determine the contractual relations with the client/user of the site www.gardenstay.pt, whose domain belongs to Imodochitan, Unipessoal Lda, 513027203, with its registered office at Painel Carvalhal das Vinhas, Caixa nº 7, 7300 - 436 Ribeira de Nisa.