Terms And Conditions Of The XVIII Online Store

By using the XVIII online store, you (the “Customer”) acknowledge to have read, understood, and agree to be bound by the following Terms and Conditions:

1. Seller

The owner of this site and the seller in fulfilment of any orders placed by the Customer is the following entity:

XVIII – Azulejo & Faiança, Unipessoal, Lda. (hereinafter “XVIII”)
Tax number PT515.060.151
Registered office: Av. da Liberdade, no 249 – 1, 1250-143 Lisboa, Portugal
Share capital 10000€
Tel: (+351) 211566788
Email: info@xviii.pt 

2. Customer and Customer Registration

2.1. To be able to make purchases, the Customer is required to register with the site.

2.2. In the act of registration and whenever placing an order, the Customer shall provide true, accurate and complete information or ensure that the information previously provided remains true, accurate and complete, as applicable.

2.3. If the Customer provides any information that is untrue, inaccurate or incomplete, it shall bear any additional costs arising therefrom, including, but not limited to, any increased shipping costs and any return and new shipping costs.

2.4. The Customer agrees to keep its password confidential and will be responsible for all use of its account and password.

3. Products

3.1. XVIII makes every effort to display as accurately as possible the features and specifications of the products available on the site. However, XVIII does not guarantee that such features and specifications will be accurate or complete.

3.2. All XVIII products are 100% handcrafted and as such:

(i) Variations in design are normal and the photographs included in the site are merely illustrative.

(ii) Variations in color, tonality, texture and crazing are an inherent characteristic of XVIII products and are not defects.

(iii) Dimensions are approximate and may be subject to a degree of inaccuracy – i.e,. variations in dimensions and thickness shall be considered normal. Specifically in relation to tiles panels or whenever 2 or more tiles are placed next to each other, the Customer shall also take into consideration that the final dimension of the composition will depend upon the grout joint.

3.3. All products are subject to availability and XVIII cannot guarantee that items will be in stock.

3.4. XVIII reserves the right to discontinue any products and alter product specifications at any time for any reason.

4. Price and Payment

4.1. All prices are in Euros and include VAT (if applicable) at the legal rate in force at the time of acquisition.

4.2. All prices exclude the cost of shipment and insurance.

4.3. Shipments to outside the European Union may be subject to additional import/customs fees, which shall be borne by the Customer. When placing an order, the Customer acknowledges to have assessed such fees with the customs authorities of the country of destination.

4.4. Prices are subject to change without prior notice.

4.5. Payments can be made by credit card or Paypal.

5. Delivery

5.1. All orders confirmed will be shipped by UPS (or equivalent courier service) to the delivery address specified by the Customer.

5.2. In-stock products are usually shipped within one week of the order placement and delivery usually takes one (EU destinations) to two (non-EU destinations) weeks. However, delivery terms are to be considered indicative and eventual delivery delays do not entitle the Customer to cancel the order or claim indemnity.

6. Complaints

6.1. The Customer shall check the quantity and quality of the products upon delivery.

6.2. Any problems with quantity and/or quality must be reported to XVIII within 7 days of receipt of the order.

6.3. In case of claim, the Customer shall send photos and, if requested to do so, shall put the disputed products at XVIII’s disposal for any defect checking. No claim will be accepted once the products have been totally or partially installed.

7. Insurance

7.1. Due to the fragile nature of the products sold by XVIII, shipping insurance is not mandatory but is advisable.

7.2. If, when placing an order, the Customer acquired shipping insurance and the products are damaged in transit, the Customer will be entitled to receive the necessary replacement products free of charge. For the purpose, Clause 6.3 above will apply.

8. Returns

8.1. In accordance with Portuguese and EU legislation, customers who are consumers (B2C) may return the products within 14 days of receipt of the order. However, certain exceptions apply – e.g., made-to-order products and other products made in accordance with consumer specifications.

8.2. Products shall be returned in the same condition as initially shipped by XVIII to the Customer and the Customer shall bear the return cost. Upon receiving the returned products in accordance with the foregoing, XVIII will refund the price paid by the Customer using the same payment method initially used by the Customer.

9. Limitation of Liability

9.1. In no event will XVIII or its directors, employees or agents be liable to the Customer or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from the use of this site.

9.2. XVIII’s liability towards the Customer for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by the Customer to XVIII.

10. Intellectual Property

The XVIII trade name and logo and all texts and images in the site are the sole property of XVIII and are protected under intellectual property laws. Any reproduction, whether total or partial, is strictly forbidden.

11. Privacy Policy

XVIII cares about data privacy and security. By using this site, the Customer agrees to be bound by the Privacy Policy posted in it, which is incorporated into these Terms and Conditions.

12. Applicable Law and Dispute Resolution

12.1. These Terms and Conditions shall be governed by the laws of Portugal.

12.2. Any dispute arising from the interpretation and/or application of these Terms and Conditions will be submitted exclusively to the jurisdiction of the courts of the Lisbon, with express waiver to any other.

12.3. The consumer can also appeal to an Alternative Dispute Settlement Body:

Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (CNIACC)
www.arbitragemdeconsumo.org 
Centro de Arbitragem de Conflitos de Consumo da Região de Coimbra (CACRC)
www.centrodearbitragemdecoimbra.com 
Centro de Arbitragem de Conflitos de Consumo de Lisboa (CACCL)
www.centroarbitragemlisboa.pt 
Centro de Arbitragem da Universidade Autónoma de Lisboa (CAUAL)
www.arbitragem.autonoma.pt 
Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira (CACC RAM)
www.madeira.gov.pt/cacc 
Centro de Informação de Consumo e Arbitragem do Porto (CICAP)
www.cicap.pt 
Centro de Arbitragem de Conflitos de Consumo do Ave, Tâmega e Sousa (TRIAVE)
www.triave.pt 
Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) (CIAB)
www.ciab.pt 
Centro de Informação, Mediação e Arbitragem do Algarve (CIMAAL)
www.consumoalgarve.pt 

Last updated on 29 May 2020. XVIII may, at any time, change all or part of these Terms and Conditions.