1. General information
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as “the customer”) to The Creative Farm, Lda, 514288787, (hereinafter referred to as “Aúa Setúbal” or “us”), on the website of Aúa Setúbal, mobile website or mobile application (together referred to as www.auasetubal.shop or “auasetubal.shop”).
By using the website www.auasetubal.shop and/or placing an order, you accept the terms and conditions set out here (the “Terms”). Please ensure that you have read and understood the Terms before placing an order.
Only individuals aged 18 or over can place orders.
The inclusion of any products or services on www.auasetubal.shop at a given time does not imply or guarantee that these same products or services will always be available. We reserve the right to discontinue any product at any time.
We reserve the right to change these Terms from time to time without prior notice to you. The version of the Terms applicable to your order will be the one published on www.auasetubal.shop at the time you place your order.
Aúa Setúbal aims to provide the best online experience possible. For this to be possible, we need to ensure that our services work with clockwork precision. You understand and accept (i) publish, transmit, redistribute, upload or promote any communication or content that may harm or have a negative impact on our company, products or services; (ii) act in a way, or use any device, that restricts, compromises, interferes with or inhibits any other user from using or enjoying the auasetubal.shop website, or that impacts the security of the website, or (iii) use any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including, without limitation, spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the website or to copy content from the website. We reserve the right to immediately bar access to the website and close the account of any user who violates this provision or any other provision in these terms and conditions.
2. Prices and shipping costs
The prices shown at www.auasetubal.shop include VAT, but do not include shipping costs, which are calculated during the checkout process.
At checkout, you will have the possibility to add your NIF. This information may not be saved by us for future purchases, so be sure to add your NIF to each order.
3. Order/conclusion of the contract
The customer can only choose to order through the website www.auasetubal.shop.
After placing your order, if you have provided us with your email address, you will receive a confirmation email. If, for any reason, we are unable to complete your order, we will inform you as soon as possible. If we have already received payment due for that order, we will attempt to refund you the applicable amount using the same method you used to make the payment. If, for any reason, alternative arrangements are required, we will advise you and ask you to contact Aúa Setúbal Customer Service, who will settle the refund.
4. Shipping
Aúa Setúbal does its best to accept and process orders with the greatest possible diligence, and to send your order to your home address, a collection point or another address in Portugal, at your option. shipping method selected.
Aúa Setúbal seeks to dispatch orders as quickly as possible and in the order in which they are placed. Although we try to ship within the indicated deadline, this may not be possible for unforeseen reasons. In the unlikely event that the shipping time exceeds 30 days, you may cancel your order.
Before placing an order, you will be informed of expected shipping details. After placing your order, if you have provided us with your email address, you will receive a confirmation email with expected shipping details.
If your order does not arrive by the expected date, contact Customer Service.
If the address provided is deemed insufficient by the carrier, the shipment will be returned to our facilities. Customer will be responsible for reshipping costs once we confirm an updated address (if and as applicable).
Unclaimed shipments will be returned to our facilities, with the customer being responsible for all reshipping costs.
5. Order cancellation
You can cancel and return your order up to 30 days after receiving the ordered items. If you have already been charged for the items, you will receive a refund that will include Aúa Setúbal’s standard shipping costs. All of our returns are free of charge for the customer. If you choose to keep some of the items and cancel only part of your order, shipping costs will not be refunded. You will find the complete Returns Policy at www.auasetubal.shop.
If you wish to cancel your order, you must notify us in writing to the email address help@auasetubal.shop. You must then return the item(s) as set out in section 6 (“Returns”), below, within the 30-day period established in section 5.1, above. We will issue you a refund trying to use the same method you used to make the payment (or, if the items have not yet been paid for, the return of the items will be reflected in your account balance), as soon as possible, at the latest by 14 days after receiving your cancellation notice, provided we have received the items or proof of dispatch of the items. Another payment method may be used for reimbursement, as long as the customer authorizes this change; If this is the case, the customer will not incur additional costs.
If the item you received is defective, please notify Aúa Setúbal immediately and return the item in accordance with section 6 (“Returns”), below. Aúa Setúbal will provide a full refund for any items found to be defective. The provisions of this document do not limit applicable legal rights.
6. Returns
Aúa Setúbal guarantees a full refund, in accordance with section 5 (“Order cancellation”), provided that all items are returned in the same conditions in which they were delivered. This means that items cannot have been damaged, soiled, washed, altered or used (other than trying on the item) and that all tags must be intact.
All of our orders contain a pre-printed returns form that you should use if you decide to return any items. You will find more detailed information regarding our returns process in the delivery note.
Any item purchased and sent to you by a third party or external brand must be returned in accordance with the instructions included in the order.
In accordance with Article 16, paragraphs c) and (e), of Directive 2011/83/EU of the European Parliament and of the Council, of 25 October 2011, on consumer rights, the right of withdrawal is not provided for in the following cases:
1. the supply of goods manufactured in accordance with the consumer’s specifications or clearly personalized;
2. Sealed products that were not sealed after delivery and are therefore not suitable for return for reasons of health protection or hygiene,
7. Payment methods
You can pay for your online purchases in several ways, as shown below.
Credit or debit card
You can enter payment details when placing your order using a valid credit or debit card (VISA, Maestro or Mastercard). The applicable amount will be immediately reserved on your card, but will only be debited when the items are shipped. Aúa Setúbal reserves the right to check the validity of the credit or debit card, its credit status in relation to the value of the order and whether the purchaser’s address details are correct. We may refuse orders depending on the results of these checks.
Aúa Setúbal gift cards
You can choose to pay for all or part of your order placed on our website with Aúa Setúbal gift cards and Aúa Setúbal return cards.
Others
You will receive the invoice required by law to your email address after payment confirmation.
8. Our responsibility
Nothing in these Terms excludes or limits Aúa Setúbal’s liability in relation to any matter where the exclusion or limitation of liability would be considered unlawful.
Aúa Setúbal accepts responsibility in the event of death or personal injury caused by negligence on our part or on the part of our employees or agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. In case of breach of these Terms by us, we will be responsible for losses directly resulting from the breach, with intent or gross negligence, of contractual obligations.
Aúa Setúbal is not responsible for indirect losses that are a side effect of the main loss or damage, for example, loss of profits or opportunities; or for failure to deliver the items or to comply with any obligation set out in these Terms, where such failure is due to a situation beyond our control, including, without limitation, fire, flood, storm, riot, public nuisance , war, nuclear accident and terrorist activity.
If you have a problem with a product that you purchased from the Aúa Setúbal online store, and you cannot resolve it directly with Aúa Setúbal, you can lodge your complaint on the EU online dispute resolution platform (the “ODR platform”).
The ODR platform offers EU consumers and traders the ability to try to reach a court-free settlement of complaints relating to online purchases. This single entry point is designed to be a user-friendly, interactive website available in all official EU languages at no charge. By using the ODR platform, the consumer and trader can find a resolution to the dispute and subsequently begin the process of determining a solution to the trader’s complaint. The ODR platform is available at: http://ec.europa.eu/odr.
9. Colors and measurements
We make every reasonable effort to ensure that the representation of the attributes of our products, including composition and colors, is as accurate as possible. The color you see will depend on your computer system, and we cannot guarantee that your computer will display the colors accurately.
The measurements of an item communicated on auasetubal.shop are only approximate values, to give you a better idea of the model or cut of that specific item, and are not a definitive guarantee of the actual measurements of the item you will receive. The final measurements of an article may vary, depending on the material used in its production.
10. Warranty
In the event of a defect in the items you purchased, Aúa Setúbal complies with all legal regulations relating to the guarantee. If you are not satisfied due to material or manufacturing faults in the items we supply to you, including damage incurred in transit, please return the items to us immediately using the pre-printed returns form provided.
11. Transfer
Aúa Setúbal may transfer any payment requests related to the delivery of products to third parties, with the customer’s prior consent.
12. Independence of contractual provisions
Without prejudice to law, if any of these Terms are held to be invalid or are found to be unenforceable by a court or regulatory body, the other Terms will continue to apply.
13. Ownership of rights
Aula Setúbal maintains all intellectual property rights, such as trademarks and copyrights, in www.auasetubal.shop. Any use of www.auasetubal.shop or its contents, including the total or partial copying or storage of such contents, for purposes other than their personal and non-commercial use by the customer, is prohibited without the authorization of Aúa Setúbal.
14. Company details
The Creative Farm, Lda
Rua Frei António das Chagas, 1
4º Esq 2900-091 Setúbal
NIF: 514288787