Terms + Conditions
Last update: 2022
Ownership of the Online Shop
J. P. M. - Indústria Cerâmica, Lda., NIPC nº PT 503627569, with headquarters at Rua Diário de Notícias, 201, 2500-176 Caldas da Rainha, registered in the Commercial Registry of Caldas da Rainha under nº 2306, owner of the trademark BrazGil Studio, is the legitimate owner of the official BrazGil Studio website and whose domain can be found at http://www.brazgil.pt.
For additional information or to clarify any questions, you can contact BrazGil Studio through e-mail firstname.lastname@example.org or, if you prefer, by phone (+351) 262 841 698, from Monday to Friday, from 08:00 to 17:00.
Object of Application
These General Terms and Conditions of Sale regulate exclusively the purchase and sale made in BrazGil Studio online shop, between the End Client as a buyer and BrazGil Studio as a seller, and apply to all visitors of the site www.brazgil.pt as well as any transaction of commercial nature conducted through this online shop.
Browsing the website, as well as buying any product in www.brazgil.pt, implies the acceptance of these general conditions of use and contracting.
BrazGil Studio sells all products from the collection with the BrazGil Studio brand and will be the entity responsible for the sale in the site www.brazgil.pt of the articles of that brand, and all e-commerce services are only available to end consumers.
It is considered final Consumer (a), Customer or User (a) or Buyer (a) every person who acts / buys with a purely personal purpose outside your business or profession, so without any desire to resell the articles purchased in BrazGil Studio online shop.
BrazGil Studio reserves the right to change these conditions of use and contracting without notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, terms and services, and any change will always be published on the site www.brazgil.pt.
BrazGil Studio reserves the right not to process any order received from users that are not Final Consumers or those that are not in accordance to BrazGil Studio general sales conditions.
The Final Consumer must provide BrazGil Studio, as a seller, an e-mail or postal address, or the data relating to another form of contact, that is correct and complete and accepts that BrazGil Studio may contact you using these data, if it deems appropriate.
Limitation of Responsibility
- Information on the contents of BrazGil Studio Online Store
The site www.brazgil.pt is intended for private use only so that the reproduction, transfer, distribution or storage of the contents of BrazGil Studio Online Store, without prior written permission, is prohibited for any purpose other than strictly personal use.
It is expressly forbidden to introduce links from our website for commercial purposes or without prior authorization from BrazGil Studio, as well as the use of the domain www.brazgil.pt for abusive purposes will be susceptible to appeal to the competent legal means by BrazGil Studio.
In the event you find links that allow you to access www.brazgil.pt on other websites or references to BrazGil Studio online shop, we inform you that BrazGil Studio has no responsibility for the links or pages, or the content on them.
We are strongly committed to the information presented in www.brazgil.pt is free of typographical errors and we will correct them as soon as possible whenever they occur.
All contractual information is written in Portuguese, as well as the information of the articles, communications by e-mail and formalization of the sale.
- Commercial Policy
If the information presented does not correspond to the characteristics of the product, the Customer has the right to terminate the sale and purchase contract under the terms of the applicable law.
The photographs shown on the website are merely illustrative. Therefore, we recommend that you take a long look at the product details for better information about the respective characteristics of the articles you intend to purchase.
Prices and product specifications are subject to change without notice. Despite BrazGil Studio's extreme attention to keep all the information updated, some products may contain an incorrect price, so we will check the prices whenever we process orders. If the price of the product is lower than the advertised price, we will return the difference. If the price is higher, we will inform the End Consumer by e-mail and wait for his/her decision to accept the new offer or cancel the order.
The product catalogue of BrazGil Studio online shop is independent of the physical shops, both in terms of price and the products presented and quantities in stock. All promotional campaigns have limited stock and are exclusive to the online shop BrazGil Studio.
The validation of the purchase request or order assumes that the Buyer is aware and accepts the General Terms and Conditions of Sale of the site www.brazgil.pt.
All data recorded by BrazGil Studio are proof of the set of transactions made between the Seller and the end Consumer and it is the responsibility of BrazGil Studio to file the electronic document that formalizes the contract, being obliged to keep it accessible.
- Customers and users obligations
- It is prohibited to introduce, store or disseminate through the BrazGil Studio site defamatory, obscene, injurious, xenophobic and/or any other content that violates the general principles of law and public order;
- Keep, and not disclose, your password to enter the site in order to prevent third parties to access your account and personal data;
- Not use false identities;
- Give your personal data and correct address so that BrazGil Studio can process the orders properly.
- The final consumer is the only responsible for the accuracy of personal data communicated to BrazGil Studio and commits to enter and immediately inform any change through its account registration at www.brazgil.pt.
Placing orders online
To make an order in www.brazgil.pt it is necessary that the User has a valid e-mail account and of frequent use and that he/she registers as a BrazGil Studio client, filling out the form available online. After registered, just insert in the virtual shopping cart all the products that the End Consumer wants to buy, following all the steps of the purchase for it to be finalized successfully.
In case of non-confirmation of payment or non-compliance with the present Conditions and General Terms of Sale, BrazGil Studio reserves the right not to accept your order or to cancel it totally or partially, even after its automatic confirmation.
Availability of products and order confirmation/cancellation
BrazGil Studio only processes an order placed by a customer after confirmation of payment, so we can not guarantee the availability of items until the beginning of such processing.
In the order confirmation, you will find the estimated date for shipment of products, after payment confirmation. Naturally, the estimated time for shipment may vary depending on the carrier and the destination of your order.
BrazGil Studio only expedites orders on working days. So, for estimating delivery time of orders, are not counted the weekends or holidays. Any delay in the expedition of articles, compared to the estimation of the presented dates, does not give the right to compensation.
The satisfaction of all orders placed on the website is subject to product availability. BrazGil Studio reserves the right not to accept any orders or to cancel orders already confirmed for products that no longer have stock. In case of unavailability of the product and/or rupture of stock, BrazGil Studio will immediately inform the final consumer of the partial or total cancellation of his order, and the buyer is entitled to reimbursement of the amount paid.
Confirmation or cancellation of orders
BrazGil Studio may not validate the order that does not have sufficient guarantee of good collection, when the order is incomplete or incorrect, or when the products ordered are no longer available. In any of the cases mentioned, BrazGil Studio will inform via email the End Consumer that the sales contract was not made and BrazGil Studio did not proceed with the sale, specifying the reasons for that.
If the products ordered in www.brazgil.pt are no longer available at the moment of your last access to the website, despite having obtained order confirmation, or when BrazGil Studio receives your request, BrazGil Studio will immediately inform the User about the unavailability of the same, never exceeding the deadline of 30 days after receiving the request.
If an order and payment was made for products that have become unavailable, BrazGil Studio will refund the money paid for the unavailable items.
BrazGil Studio reserves the right to refuse any order, regardless of the reason and exempts itself from responsibility for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by BrazGil Studio, namely in the following situations:
- The information on the invoice is not correct or verifiable;
- The order is flagged by the site's Security Systems as an incorrect, irregular order, or an order susceptible to fraud;
- When the transfer of the payment of the order has not been received within 2 working days after acceptance of your order;
- When it is not possible to deliver the order to the address provided by the User;
- If we consider that the Buyer(a) did not have the capacity to carry out that act;
- If it is verified that there was an error in the presentation of the price of the product(s);
- If it is assumed that the order came from a reseller.
Payment conditions and security guarantees
The available payment methods will be presented at www.brazgil.pt. We do not accept any other method of payment besides those mentioned.
You will be able to pay your products using your usual credit and debit cards, through the Redunicre payment system. You can also pay your order through Multibanco, being supplied to you all the necessary instructions for this payment method (entity/reference/total amount).
In the payments using credit or debit card, all the details (such as the card number, expiry date or security code) will be sent by Encrypted Protocol to the company that provides the remote electronic payment services, Easypay, without third parties having access to the transmitted information. This information will not be used by BrazGil Studio, except to perform the necessary operations for purchase or refund, in case of return in accordance with the exercise of the right of return, or for communication to the police of cases of fraud.
If the End Consumer chooses to pay by ATM, we will only start processing the order after we have received the payment. Therefore, for this method of payment, we advise you to go to the ATM machine as soon as possible so that you receive your order as soon as possible. Once 2 calendar days have passed since placing the order, and if we have not received any payment, the order will be cancelled.
The purchase price of the products and shipping costs, as indicated on the order form, will be charged to your current account when the purchased products are actually shipped.
We urge you not to try to make payment by any other means not specified at www.brazgil.pt. If you try to do so, BrazGil Studio cannot be held responsible for the loss of the payment or any other damages that may arise from it.
Security of the online shop BrazGil Studio and all transactions
BrazGil Studio online shop uses the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted from the initial moment of your transaction until the moment your order is processed and will not be stored on any public server.
Although we use a very advanced encryption software, any payment transmitted over the Internet, or by e-mail, runs some risks namely when the User does not take the proper precautions and does not assume the proper responsibility conducts.
BrazGil Studio cannot be held responsible for any damage resulting from the use of electronic means of communication, namely the damage resulting from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.
Reservation of property of the commercialized products
BrazGil Studio holds the property of the company products until it has received full payment for all these products.
The product prices displayed on www.brazgil.pt contain/include Value Added Tax (VAT).
The total price specified in the final menu includes taxes and shipping costs. Prices are quoted upon order confirmation, which you can print or download for future use. Please transfer only the exact amount specified in the order confirmation and make individual transfers per order.
Shipping fees are calculated per order, the exact price of the shipping fee will depend on the country where your order will be delivered.
Prices are all broken down in Euros and any change in the country of delivery of the order may have an influence on prices due to transport costs.
Quality and Guarantee
BrazGil Studio will only sell at www.brazgil.pt high quality products and will never sell second hand products, with defects or of inferior quality to the existing standards in the market.
The products offered for sale in www.brazgil.pt may not correspond exactly to the real one regarding the displayed image and colours, specially due to the internet browser and monitor used.
Shipping of products and deliveries
The products ordered in BrazGil Studio online shop will be shipped and on working days, from Monday to Friday.
We can only guarantee a good delivery of an order if the shipping address of the products is well indicated by the user and this address is located in a house or office located in one of the countries mentioned in the list of available countries.
You may terminate this Agreement at any time by returning the goods to us at the address provided in this Section.
Shipping costs and delivery times
The shipping costs associated with your order will be billed per order, i.e. if you order more than one item, you will only pay the shipping costs once. However, BrazGil Studio reserves the right to split the delivery of the order, for example, if a part of the order is delayed or not available. In case we proceed to split the order, the customer will be notified by e-mail of our intention. This will be done using the e-mail address provided by you at the time of purchase.
Upon delivery, the Buyer must inspect the packaging and products sent to check for any damage. If he/she finds that the products are damaged, the customer should not accept the delivery of the order, which should be returned immediately through the Return Mechanism foreseen in www.brazgil.pt. BrazGil Studio will proceed to refund the values paid for the order and for the transport as soon as it receives and completes the return process at its headquarters.
The order is considered accepted if, after receiving the order, the Buyer does not return it within 15 days.
Prices charged including VAT:
Azores and Madeira - Boat
Azores and Madeira – Flight
Central Europe: France, Finland, Denmark, Czech Republic, Cyprus, Croatia, Belgium, Belarus, Austria, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Romania, Slovakia, slovenia, Spain, Sweden and United Kingdom
Northern Europe and North America: Iceland, Lichenstein, Switzerland, Canadá and United States
Central America and Australia: Mexico, Chile, Argentina and Australia
Angola and India: China, Angola, Índia, Indonesia, Japan and Singapure
Brazil, Mozambique and Russia
Order delivery deadlines
After registering your order, being confirmed the respective payment and being available all the pieces of your order, BrazGil Studio commits itself to shipping them in an average period of 1 to 5 working days, whose comprativo will be sent to the email provided by the customer at the time of the order, in order to control the delivery date.
In the event of a stock rupture, the consumer will be notified, the delivery times may be longer or the order may be divided in the terms set out above in "SHIPPING COSTS AND DELIVERY TIMES".
In case of occurrence of force majeure, BrazGil Studio will be exempted from responsibility for delay, failure or defective fulfillment of obligations arising from the contract, including the obligation to send the order, to the extent that their timely and punctual fulfillment has been prevented because of that occurrence, and may give rise to termination of the contract, if the impossibility becomes definitive.
Cases of force majeure are considered the facts of third parties for which BrazGil Studio is not responsible and for which it has not contributed, as well as any other natural fact or unforeseeable or inevitable situation whose effects occur regardless of the will or personal circumstances of BrazGil Studio, such as acts of war or subversion, epidemics, cyclones, earthquakes, fire, lightning, floods and general strikes.
BrazGil Studio undertakes to communicate, as soon as possible, to the customer the occurrence of any event qualifying as force majeure, as well as, in the shortest possible time, inform the measures to be taken in order to comply with its obligation.
Terms and Return of Products
If the customer decides to return the purchased products, BrazGil Studio has the right not to accept the return of products if the returned parts have been altered from its original state or damaged.
After receiving the order, the Purchaser has a period of 15 days, in accordance with the above explained in "DELIVERY COSTS AND DELIVERY TIMES", to return or exchange his article(s) if he finds that they have defects or other non-conformities regarding the ordered products, or by simply giving up, without the need to expressly state the reason.
If you wish to exchange for another article, a voucher will be issued for the value of the exchange so that you can proceed with the new order.
In returns and exchanges, the costs of postage will be borne by the customer, except if it is justified, in which case BrazGil Studio assumes the costs of returning it and the costs of a new delivery.
The exchange or return of the Buyer's orders should be done through the same carrier that delivered the pieces at your address, in the following way:
- Place the article in a box, well packed. You should use the original packaging where you received the order or another, provided it is not damaged. If you are using the original packaging, empty it and put only the item you wish to return. Close the box and seal it with tape. If the box has any labels, stickers or other materials from previous shipments, remove them.
The collection will be done in a maximum of 5 working days after the return request is made and accepted by BrazGil Studio. You will be contacted by customer service to schedule the collection of the pieces. If you are not at the address indicated at the time of collection, a new collection will be scheduled at a date / time to be agreed between the customer and the shipping company.
The collections are not made on holidays and weekends.
After receiving the product in our warehouse, the Quality Department will check if the item is in conformity with our requirements for Exchange or Return. If so, the exchange will be confirmed or the refund made.
To refund the amount paid, BrazGil Studio makes two options available to the User:
- Issuing a voucher for the value of the returned pieces, which can only be discounted at BrazGil Studio online shop in a maximum period of 6 months from the date of issue; or the chargeback itself, through the same payment method used in the purchase.
The collection appointment with the carrier will be made by BrazGil Studio within 2 working days after receiving the exchange / return confirmation. The collection will be made from Monday to Friday, between 10 am and 5 pm, not being possible to schedule a specific time.
After receiving all or part of the ordered products at our facilities, we will process them within a maximum of 5 working days. If the return is confirmed, the amount will be refunded to you using the same method of payment. Value returns are only made to the account/card which originated the purchase. In the case of a simple exchange of an article, then, after checking the availability of that product, it will be sent to the address indicated in the exchange process.
Before shipping, the Buyer can cancel the order of products. If the User (a) makes an order and wishes to cancel it, the first thing to do is check the status of the order through the My Account menu, situated at the bottom of the main page of the site www.brazgil.pt, then click on Orders and if the order status mentions Registered, then there is the possibility that it can still be cancelled. For this, the User should contact our Customer Support Service and request the cancellation of the order.
If the cancellation request is successful, the customer will be notified by e-mail of this decision and the cancellation will be processed at no cost to the customer.
If the cancellation request is not possible because the order has already been shipped, the products will be sent to the Buyer who, if he/she maintains the intention to cancel the order, should refuse to receive them by activating in the BrazGil Studio online shop the return mechanisms.
When confirming the return and receiving the order at BrazGil Studio, the respective chargeback will be processed.
Orders of exclusive online products, made to order and custom made, can not be cancelled or returned because the production process begins immediately after receiving the order. This type of items can only be returned if they present defects or non-conformities in relation to the ordered products.
Non-acceptance of the order
BrazGil Studio reserves the right not to accept the order, informing the Client, in the following cases:
a) Stock rupture;
b) Unavailability of the article;
c) If BrazGil Studio considers there is misconduct by the buyer or any inconsistency in personal data registered.
BrazGil Studio will only be responsible for the damages suffered by the Buyer if such damages result from violations attributable to BrazGil Studio's contractual obligations to the End Consumer or if the responsibility results from the applicable legal law.
In case the Buyer(s) suffered damages related to the website activity, BrazGil Studio's responsibility will be limited to damages to BrazGil Studio products and to reasonable and verifiable costs incurred by the Buyer(s) as a result of BrazGil Studio's violation of these General Terms and Conditions of Sale.
BrazGil Studio cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. BrazGil Studio cannot be held responsible for the damages suffered by the Buyer as a consequence of an improper use of our products.
BrazGil Studio is not responsible for damages that are a result of incorrect information on the website.
All products marketed by BrazGil Studio are in accordance to Portuguese and European Community law.
BrazGil Studio declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the final consumer to check with local authorities the conditions of import or use of products that you want to order.
Intellectual and industrial property
All texts, comments, works, illustrations, works and images reproduced or represented on the www.brazgil.pt website are strictly reserved under copyright and intellectual property rights for the whole world.
Accordingly and under the terms of the Intellectual Property Code, only the use of information for private purposes is authorised, subject to contrary provisions including more restrictive provisions contained in the said code.
Any total or partial reproduction or representation of all or part of the elements included in the www.brazgil.pt website is strictly prohibited.
The corporate names, brands and distinctive signs reproduced on the www.brazgil.pt website are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the owner of the mark BrazGil Studio.
If the User intends to use information or materials on the site needs to obtain prior written permission and granted by BrazGil Studio.
These General Terms and Conditions of Sale and all emerging disputes related to these general conditions, including their validity, the use of the website www.brazgil.pt or any purchase in it shall be governed by Portuguese law.
In case of dispute regarding the interpretation or execution of the present General Conditions and Terms of Sale, BrazGil Studio and the Buyer agree to work towards a friendly, fair and adequate solution within 60 (sixty) days from the reception of the communication addressed to this effect by any of the involved parties.
In the absence of a friendly solution, under the terms of the previous number, and in case of breach of these General Terms and Conditions of Sale, both parties establish as competent jurisdiction the Leiria - Caldas da Rainha District Court, expressly waiving any other.
Changing the Terms + General Conditions of Sale of the BrazGil Studio Online Store
BrazGil Studio has the right to change the present Conditions and General Terms of Sale at any time. The Buyer is subject to the principles and terms in force at the date of your order, unless the law or competent authority imposes any change to them.