General terms and conditions of sale
The offer and sale of products on the web site www.thefireandthefreaks.com are governed by these General Conditions of Sale. The Customer is obligated to read these general conditions of sale carefully before placing an order.
These general terms and conditions of sale are agreed between the HEAVEN ATMOSPHERE, with headquarters RUA NOVA DOS MERCADORES Nº19 3D PARQUE DAS NAÇÕES 1990-177 LISBOA, tax identification number 516 018 469 and contact +351 938 390 585, hereinafter referred to as HEAVEN ATMOSPHERE and the people who wish make purchases through the www.thefireandthefreaks.com website hereinafter referred to as The Fire and the Freaks.
The products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale. The parties agree that purchases made through the www.thefireandthefreaks.com website will be regulated exclusively by this contract, excluding any conditions previously available on the website.
The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.
Moreover, by accepting these Conditions of Sale, you release the HEAVEN ATMOSPHERE from any liability deriving from the issuing of incorrect tax documents due to errors in the data you provided at the time of the entry of the online order, since, as the customer, you are the only one responsible for their correct entry.
The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site www.thefireandthefreaks.com
Sales Through the eCommerce Service
“Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between you, as the Customer, and The HEAVEN ATMOSPHERE, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
To conclude a contract for the purchase of one or more Products, you must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions. Before transmitting the Order, Customers, who have registered on the website, shall have the option to access their My Account section where they can modify and correct the list or products contained in their basket. If the Customer has not registered on the website and has chosen to make their purchase as a “guest”, that is to say without inputting their data, then the Order shall not be saved and, thus, may not be consulted.
The Order contains:
a) a reference to these General Conditions of Sale;
b) information and pictures for each Product and its price;
c) the means of payment that you can use;
d) the delivery methods for the Products purchased and the relative shipping and delivery costs;
e) the methods and times for returning the Products purchased.
Despite adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer you are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
The contract is concluded when the Vendor receives your Order Form over the Internet and checks the correctness of the data on your order. The language available for concluding the contract with the Vendor is English and the contract is governed by Portuguese law.
After the conclusion of the contract, the HEAVEN ATMOSPHERE will be responsible for filling your order.
After the contract is concluded, the Vendor will send you an Order Confirmation, by e-mail, containing a summary of all the information related with the order.
It is possible that, before sending the Order Confirmation, the costumer service will contact you at the e-mail address or telephone number you indicated to request additional information about the Order you sent over the Internet.
The may refuse to fill your purchase orders that do not provide a sufficient guarantee of solvency, are incomplete or incorrect or if the Products are not available. In these cases, we will inform you by e-mail that the contract is not concluded and that the Vendor has not filled your Order, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released. Moreover, despite our best efforts, it could sometimes happen that the prices for the products on our site are wrongly indicated. In any case, we will check the right price of our products whilst going through your order prior to dispatch. Should the price indicated on the site be lower than the actual sales price as a result of oversights or other errors, we will get in touch with you to check whether you still want to make the purchase at the right price. If you decline, we will not be able to proceed with your order. Should the right price of an item be lower than that shown on the site, we will only charge you the right lower price and we will send you the product.
The HEAVEN ATMOSPHERE will honor orders received online only up to the limit of available stocks. In the absence of product availability, the HEAVEN ATMOSPHERE undertakes to inform the User as soon as possible.
The data contained in the invoice are the sole responsibility of the User. The invoice once issued cannot be reissued with changes.
Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in Euros. The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
All Products are shipped directly from Portugal. Where not specified otherwise, Product prices and shipping and delivery costs shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees.
Method of Payment
On the www.thefireandthefreaks.com website, the HEAVEN ATMOSPHERE proposes to the User the following payment methods via Easypay:
a) Credit card (Visa, Mastercard);
b) ATM reference;
b) Paypal – If you have a Paypal account, The HEAVEN ATMOSPHERE provides the option of paying directly using the e-mail account and password you used when you registered with www.paypal.com. At no time during the purchase procedure will The Fire and The Freaks have access to your credit card information (such as the number of the credit card or its expiration date), which is sent using directly to the subject that manages the electronic payment (bank or Paypal) over a connection protected by an encryption protocol. This data is not kept by the Vendor in any computer archive. So, the Vendor cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.
Shipping and Delivery of the Products
Each shipment contains:
a) the products(s) ordered;
b) the relative accompanying shipping document/invoice;
c) any accompanying documentation required by the country to which it is being shipped;
d) any informational and marketing materials.
The Products purchased on the web site will be delivered to the Customer’s home.
Order orders have a validity of 5 (five) days, unless the order is registered under a promotional campaign that defines a different term, it is not possible to guarantee prices, discounts, promotions and offers beyond this term. If the payment is not received by our services within that period, the order cannot be validated. Any amount received after this date will be returned or used for a new order.
Delivery is carried out by the company MRW (for Portugal) and UPS.
The products purchased will be delivered by the courier identified by the website to the shipping address indicated by the Customer on the order with insured shipping. When the merchandise is received at your home, please check the integrity of the packages at the time of the delivery by the courier. In the case of problems, point them out to the courier, make sure they are noted exactly and reject the delivery. Otherwise, you may lose your rights in this regard.
Orders can be delivered:
Portugal – 5 working days
Remaining countries – 15 working days
Shipping costs are added to the order:
Standard – 4 to 25 euros
Express – 17 to 30 euros
Free shipping from 200 euros
Values vary depending on delivery locations
Right of Withdrawal
Only if the Customer that enters into the contract is a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), he will have the right to withdraw from the contract concluded with the Vendor without any penalty and without specifying the reason, with the term of fourteen (14) working days beginning from the day the products purchased on the web were received. We remind you that, as required by current legislation, the right of withdrawal is excluded and can not therefore be exercised in case the products you have purchased have been customized on your explicit request at the time of placing the Order.
You have one option for exercising the right of withdrawal:
Whenever possible, the return must be made using the same payment method, but if this is not possible, the user must present proof of payment and account or card ownership, in order to make the return by Bank Transfer.
Returned products must be in a condition of sale, that is, in the same condition in which they arrived in the hands of the User, without any anomaly or damage.
The right of withdrawal is subject to the following conditions:
a) the Products must be returned in their entirety and not just parts or components of them, even in the case of kits;
b) the products returned must not have been used, worn, washed or damaged; they must not be dirty nor show obvious signs of wear.
c) Return items must be returned in the packaging in which they arrived, complete with all accessories and labels.
d) the Products returned must be sent back to the Vendor in a single shipment. The Vendor reserves the right not to accept Products from the same Order returned and shipped at different times;
e) The Products being returned must be delivered to the courier within fourteen (14) working days from the date on which you received the products;
f) in the case where the Vendor offers the option of purchasing a certain package of Products at a lower price than would normally be charged if they were purchased individually (such as 5 for the price of 4, 3 for the price of 2, etc.), the right of withdrawal can also be exercised with the return of just some of the products purchased: in this case, the price will be recalculated at the normal price charged for the purchase of the single product. In all other cases (such as combined sales, bonus operations, etc.) the right of withdrawal can only be exercised with the return of all the Products purchased, for this reason excluding any partial exclusion.
If you exercise the right of withdrawal according to the preceding conditions , the HEAVEN ATMOSPHERE is required to refund the sums paid by you within no more than 14 days from the material receipt of the returned products by the HEAVEN ATMOSPHERE.
In the case of a return, the only charges remaining will be the initial shipping charges for the products purchased.
In the case of the exercise of the right of withdrawal without following the methods indicated above (such as beyond the 14 days required by law, or without having filled out the Online Return Form, or without having fulfilled the conditions outlined) you will not be entitled to a refund for the amount already paid to the Vendor. Within 10 days of the email notifying you of non-acceptance of the return being sent, you can reply to the email and ask to have, at your own expense, the products back in the same state in which you returned them to the Vendor. Otherwise, the Vendor may keep both the products and the sums already paid to purchase them.
LEGAL GUARANTEE FOR NONCONFORMING PRODUCTS
The Products must be checked by the Customer at the time of delivery in order to ensure that they correspond to the items ordered and that they do not present any defect or lack of conformity.
In the event of a defect, the Customer has the right to request that the product be repaired or replaced, at no extra cost to them. In the event that neither of these two options is possible or are excessively costly, the Customer shall have the right to a discount on the price paid or to the termination of the contract of sale and, consequently, a refund for the price paid. The Seller shall bear all return costs for the defective products.
Communications to the Customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
Modification and Updating
The HEAVEN ATMOSPHERE may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.thefireandthefreaks.com and in relation to purchase orders submitted after that date.