TERMOS E CONDIÇÕES

In order to apply these general terms of sale, it is hereby agreed that the User and MyFaktory will henceforth collectively be named the “Parties” and individually called “Party”. Once the User validates an order he or she will be named the “Buyer”. The User’s rights and obligations will also apply to the Buyer.

The User who wishes to buy on the website declares himself to be over the age of majority in your country of residence and to have full legal responsibility or to benefit from parental or guardian authorisation.

When an order of a product which is offered on the website is placed, it is assumed that the present General Terms of Sale have been consulted and accepted by the User, even though no signature of acceptance on the part of the User is required.

The present General Terms of Sale apply, without restriction or reservation, to each and every sale concluded between MyFaktory and non-professional Users who wish to acquire the products offered for sale by the Seller, on the above mentioned website.

These General Terms of Sale are available for consultation and reference at any given moment on the website and, if necessary, overrule any other version or any other document that might contradict them.

Unless stated otherwise, the data registered by MyFaktory constitutes proof of all transactions. In accordance with legal clauses, it should be remembered that the validation of an order is made by clicking on the “BUY” button. This validation constitutes an electronic signature which has the same value between both Parties as a hand-written signature and is proof of the entirety of the order and the eligibility of the money due, in conformity with the aforementioned order. In all cases of payment, the online supply of a bank card number and the final validation of the order will be proof of the entirety of the aforementioned order and will equal the eligibility of the agreed payment method which appears on the purchase order.

Access to MyFaktory’s website is carried out through the normal conditions of access to the Internet. No extra connection charge will be billed to the User. These General Terms of Sale are subject to modification; the applicable conditions are those in force on the date an order is validated. Printing out or recording a copy of these conditions is entirely the responsibility of the Buyer.

The purpose of the present General Terms of Sale is to exclusively define the respective rights of the Parties as a result of the relationship established online and obligations stemming from the online sale of products proposed on the website. These conditions regulate each stage necessary for placing an order and ensure the following with regards to the order between the contracting Parties. The Parties agree that their relationship will be governed exclusively by the present contract. If any condition should fail, it would be considered to be governed by the current practices in force in the distance selling sector whose company headquarters are in Espanha.

2.1 Price

Payments are processed in Euros. Prices are indicated in British Pounds, they reflect any eventual discounts as well as the VAT applicable on the day of the order. The indicated prices are guaranteed within the limit of the available stocks, except for important modifications in charges and notably VAT, and excepting typographic errors or omissions. The indicated prices do not reflect postal charges and these will be billed in addition to the products ordered and will be specified to the User during the final validation of the order.

MyFaktory reserves the right to modify its prices at any given moment, but the products will be billed based on the price in operation at the time the order was recorded, with the condition, nevertheless, of the availability of the products mentioned previously. When a registered order contains one or more errors (price, description, photo, coupon, etc.), MyFaktory reserves the right to cancel and reimburse the order.

2.2 Established Sale Price (“Crossed Off”)

The established sale price that appears “crossed out” in the description of each article, is given in an entirely indicative manner as a comparison, and corresponds to an estimation by MyFaktory’s suppliers of the average sale price of the article within their traditional network on the date of sale.

As stated on our web some of our products are inspired from originals. We mention "STYLE, INSPIRED" to make the difference with the products from designers.

3.1 Navigation Inside The Website

The User may familiarise himself with the different products offered for sale by MyFaktory on the website. The User may browse freely through the website's different pages, without being committed, in any way, to place an order.

3.2 Registo e senha

O registo é obrigatório antes de se fazer uma encomenda. O Utilizador deve preencher correctamente todos os campos da página "Minha Conta", incluindo os que se encontram sob o título "Minhas Informações". Serão solicitadas aos utilizadores as informações necessárias para identificação, incluindo o seu nome e apelido, endereço postal, endereço electrónico, número de telefone e uma palavra-passe.

MyFaktory guarantees the confidentiality of the data transmitted after the password has been entered. The User is entirely responsible for the use of his password. He ensures its preservation and its confidentiality. In the case of loss of password, the User should contact MyFaktory with minimum delay in order to receive a new password.

If the User forgets his password, he can obtain a new one by clicking on the “password forgotten” button that appears on the home page. An email will then be sent to the User, prompting him to create a new password. When he creates his account, the User may authorise MyFaktory to send him invitations to sales and any other useful information from the MyFaktory team by email.

3.3 Recording An Order

The User places his order through an Internet connection which allows him to browse the website. To be accepted, the order must contain all the useful information necessary for its handling. In addition, each and every order placed indicates acceptance of the General Terms of Sale, the price, and the description of the available products.

A User who wishes to place an order selects the different products of his choice and demonstrates his intention by clicking on the "Add to cart" button.

At any given moment the User can:

• Refer to a list of the chosen items by clicking on the “My basket” button.
• Continue choosing Products by clicking on the “Continue shopping” button.
• Complete the selection and place the order by clicking on the “Buy” button.
• Os utilizadores devem identificar-se antes de encomendarem produtos no cesto, introduzindo o seu endereço de correio electrónico e palavra-chave, ou preenchendo um formulário de registo se ainda não tiverem uma conta PrivateFloor. Ao introduzir os seus dois identificadores (endereço de correio electrónico e palavra-passe), o Utilizador confirma a sua identidade e consente com os Termos de Serviço.
• Assim que o Utilizador se identificar, deverá verificar o endereço de entrega, e a encomenda será resumida no ecrã, indicando: a natureza, quantidade, e preço do(s) produto(s) seleccionado(s) pelo Utilizador, bem como as despesas postais, o montante total da encomenda, as informações de contacto do Utilizador, e o endereço de entrega.

3.4 Validação de uma encomenda

Após rever os detalhes da sua encomenda e certificar-se de que todos os detalhes necessários estão correctos, o Utilizador pode confirmar a encomenda clicando no botão " Pagar a encomenda ".

In the case of payment by bank debit or credit card, the User must give certain information concerning the bank card he wishes to use:

• The name of the legal card holder
• The bank card number
• The expiry date
• The cryptogram number (the last 3 digits on the back of the bank card)

It should be noted that with instant payment by bank card or wire transfer, which is the payment method offered by MyFaktory on our website, the User makes his payment via the MyFaktory website using the EPT system (Electronic Payment Terminal). The MyFaktory website is secured by S.S.L. (Secure Socket Layer) to protect all data pertaining to payment methods as efficiently as possible. Then, the User’s bank data is relayed to the bank, which is also secured by S.S.L. In this way, the User’s bank details never go through the MyFaktory computer system. As a result of this, MyFaktory does not retain any responsibility.

As soon as he confirms his order by bank card or wire transfer the order is recorded and becomes irrevocable. The User becomes the Buyer. The purchase order is recorded in MyFaktory’s computing records (these are retained on a reliable, permanent support) and becomes proof of the contractual relationship between the two Parties.

3.5 Confirmation

Once payment by bank card (supplying the card number, expiry date and cryptogram) or wire transfer, a summary of the Buyer’s order will be sent by email as soon as the purchase order has been validated. This will be sent to the address supplied when the order was placed. This confirmation will cover all the details of the elements that constitute the contract between the two Parties and will also indicate an estimated dispatch date.

MyFaktory recommends that clients record a copy of the order confirmation email, or print it out. However, the documents recorded in MyFaktory’s computing records will legally serve as proof. A summary of the order will also be posted to the client’s account.

3.6 Advance Cancellation

Once you have completed the checkout process and your payment has been accepted, your order is considered as confirmed.

The made-to-order items (items not available in stock on our web site) with estimated shipping date of 12 to 18 weeks, cannot be cancelled, even if the order is subject to an unforeseen delay.

The right of withdrawal cannot be executed for contracts [...] for the supply of goods made according to the consumer's specifications or clearly personalized.

The possibility of cancelling your order is available only for orders with products which are from stock or in shipping (transit) maritime transport, ahead of dispatch and only during the first calendar week after your confirmed and paid the order. In this case, you are entitled to a refund amounting to 80% of the total payment. The remaining 20% goes towards compensating the administrative costs accrued through the preparation of sending your order from our warehouses.

All orders which are from stock or shipping (transit) cancelled after 1 week and ahead of dispatch, will entitle you to a refund of 60% of the value of the order.

It is imperative that you register your refund request through your customer account (My info/My orders/Cancellation request).

Once an order has been cancelled by the customer under one of the conditions outlined above, the company will refund the agreed amount within 30 working days.

3.7 Right of Withdrawal

In the case whereby you refuse delivery of your order at your door, the refund will be processed according to our General Terms and Conditions, and the costs of the delivery as well as the return costs will be deducted from a potential refund request. If you decide to cancel your delivery once the goods have been dispatched from the warehouse, the same additional costs will be applied.

4.1 Coupons

Discount coupons are redeemed with a code that should be entered, or that has already been attributed to the client’s account. A code may be sent by email or letter during special promotions or the client may be informed by email that a coupon has been awarded to his account.

4.2 Conditions For Using The Coupons

Unless otherwise specified, in particular in relation to using a coupon for a first order. They can never be converted into currency. All coupons have an expiry date which cannot be changed. No other coupon will be given or awarded to a client to replace an expired or unused coupon.

Using a coupon necessarily implies that the value of the basket (before the addition of postal charges) is in excess of the value of the coupon, except in the case where particular conditions for using the coupon specify a minimum purchase amount (before the addition of postal charges). In this case, the value of the basket (before the addition of postal charges) must be superior to the value of the minimum purchase amount to be able to use the coupon.

Under no circumstances can the Buyer ask MyFaktory to deduct the amount of a coupon from an order that has already been recorded and paid for, if the coupon code was not entered or selected when the order was placed.

4.3 Using Coupons

To benefit from the discount a coupon offers, the User must enter the code in the “Summary” window. Having entered the coupon, the User should click on the “Ok” button. The discount will then be immediately deducted from the order total (before adding postal charges).

4.4 Refunding an Order containing a Coupon

When an order contains a coupon, the amount of the coupon is distributed between all the articles in proportion to their respective value. The refund of a product from an order, for whatever reason, will take into account the discount awarded by the associated coupon.

5.1 Total Amount Of The Order

The total amount owed by the Buyer is displayed before the Buyer confirms the order, and is shown on the summary form sent to the Buyer by email from MyFaktory.

5.2 Payment Methods

Payment is made solely through the Internet by bank card (Visa, Eurocard/MasterCard) and Bank wire transfer. Se o cliente pagar pelo PayPal, quaisquer alterações no endereço de entrega devem ser tratadas exclusivamente através da plataforma PayPal, e não enviando um e-mail para o suporte ao cliente.

5.3 Payment Confirmation

The order will be considered valid after confirmation of payment has been received. In case of bank rejection, the order will automatically be cancelled. In any case, MyFaktory reserves the right to refuse any order or delivery of such in instances of litigation with the Buyer, of non-or partial payment of a previous order by the Buyer, or refusal of payment by bank card by banking organisations. Under no circumstances can MyFaktory be held responsible in case of litigation.

5.4 Payment Time-Frame

When the Buyer pays by direct debit card, his bank account will be debited within 2 to 5 days after placing the order. This timeframe varies depending on the banking organisation concerned.

In the case of a deferred debit card, the Buyer’s bank account will be debited for the order amount under the same conditions as other debits.

5.5 Exceptional Condition

MyFaktory implements a verification procedure to prevent any fraudulent use of bank details when an order is placed on the website. Within the context of this system, a client may be asked to send MyFaktory (by fax, by post or by email) a copy of a valid form of identification and proof of residence dated not more than three months ago. The order will not be sent until these documents have been received and verified. MyFaktory reserves the right to refund any order if these documents have not been received or if they do not match the Buyer’s identity.

Only clients who have placed an order for an amount in excess of an amount fixed by MyFaktory will be asked to supply these documents. Once the order has been recorded, the Buyer will receive an email from MyFaktory Customer Service.

6.1 Prazo de disponibilidade do produto

Shipping conditions:

Durante o processo de validação do carrinho de compras, a MyFaktory calcula os custos de envio e modifica automaticamente ao remover ou adicionar produtos.

Before validating your order, you will be able to see all the charges detailed in your shopping basket: the selected products with their prices, the shipping cost, the possible commissions, taxes and commercial discounts. Before making the payment, check carefully that all the contents of the basket are correct (products, quantities, finishes, etc.).

Os custos de envio dependem do endereço de entrega, peso e volume total dos produtos seleccionados. Produtos de tamanho e peso semelhantes podem também ter custos de transporte diferentes, uma vez que negociámos uma taxa de transporte mais baixa com o empresa de transporte de certos produtos.

MyFaktory ships to all European Union countries and neighbours (restrictions may apply to non-continental territories), the United Kingdom and Ireland.

Dispatch time:

The dispatch time of each item in your basket may vary depending on the different finishes/ colours. You can check these deadlines in the product page, before confirming the order. In MyFaktory we have a large stock of most products to guarantee a dispatch period of 48 hours, as long as all products and/ or variations/ colours are available for dispatch within 48 hours (2 business days).

For items that are not in stock, the dispatch period specified in the product sheet is indicative, since some circumstances outside MyFaktory’s control, may delay this dispatch period, such as adverse weather conditions for maritime transport, production delays, suppliers holiday period...

Please carefully check the dispatch times of the selected items in your cart.


Entrega de pedidos:

Assim que o comprador toma posse dos bens da sua encomenda, a responsabilidade por perda ou dano lhe será ransferida.


MUITO IMPORTANTE:

• No caso de haver danos visíveis, embalagem quebrada, molhada ou aberta, deve ser mencionado no recino de entrega.
• O cliente pode recusar-se a aceitar a embalagem se houver qualquer dúvida sobre a integridade da embalagem.
• O cliente não poderá abrir a caixa e inspeccionar a mercadoria antes de assinar a aceitação da encomenda.
• Por conseguinte, é obrigatório inspeccionar a caixa antes de assinar a aceitação da encomenda.
• Se não houver qualquer menção no RECIBO DE ENTREGA, isto conduzirá directamente à recusa da reclamação posterior.
• A menção ""sujeito a desembalagem"" não tem valor legal.
• Qualquer reclamação devem ser comunicada no prazo de 24 horas após a recepção da sua encomenda.

Todas as caixas e acessórios de embalagem devem ser guardados, caso contrário, a reclamação será rejeitada.

O serviço de entrega é porta a porta e não inclui a recolha da mercadoria em casa, que deve ser efectuada pelo cliente. A montagem também não está incluída.

Se na primeira tentativa de entrega falhar por uma razão independente não relacionada conosco, a segunda tentativa de entrega será cobrada e o cliente será inteiramente responsável pelo pagamento da mesma.

Existem territórios dentro dos países de expedição, sujeitos a condições fiscais especiais, para estes países, as encomendas serão facturadas sem IVA e o cliente pagará o liberação de alfândega de importação e os impostos correspondentes em cada caso.

Para entregas a clientes no resto dos países, os preços na factura do cliente incluem o IVA.

Por favor note antes de fazer uma encomenda, que alguns dos nossos artigos não podem ser importados para certos territórios.

Política de Modificação de Faturas

• Modificações para Transações de Pessoa para Pessoa (Mesma País/Cidade):

- As modificações de faturas são permitidas apenas se ambas as partes estiverem no mesmo país ou cidade.

• Modificações para Transações de Pessoa para Empresa:

- As modificações de faturas só podem ser solicitadas dentro de 24 horas após a realização do pedido.

6.2 Receipt of Non-Compliant Goods

Upon collection of your order at our warehouse, it is imperative that you check the condition and compliancy of the products received.

If you have any complaint to make, please make a note of all the reservations and observations that you consider to be useful, in particular those concerning damage, on the delivery docket (specify if the packaging is damaged: torn protective wrapping, damaged box…), and refuse receipt of the product. Do not sign under pressure from the service provider. If the service provider does not agree to wait, specify this on the removal docket: ‘the service provider did not wish to remain present during the unpacking and inspection of the package’. This is your right and your only recourse in case of damage. The note ‘subject to unpacking’ has no legal value.

Any anomaly with the product (missing or broken products, non-compliancy or damaged packaging) must be made known to MyFaktory Customer Service within 24 hours of collection at the following address: Contact. Any claims made after this time will be rejected and MyFaktory will decline all responsibility. The customer must also keep the original boxes with their labels and all packaging material. It will be necessary to send all photographs and videos requested by our customer service, otherwise the claim will be rejected.

In the case whereby the Buyer is not is a position to recover his or her package it will be kept in the MyFaktory warehouses. MyFaktory will then propose to make the order available to the Buyer a second time and invoice the cost of making it available a second time.

This latter procedure also applies to packages returned by your Transport Provider pursuant to an incorrect address or unknown recipient.

O Comprador tem um prazo de 14 (catorze) dias úteis para entrar em contato com o Serviço de Atendimento ao Cliente da MyFaktory para notificar sua intenção de devolver um item ou itens que não são feitos sob encomenda e receber um número de devolução. Este prazo para exercer esse direito de retratação começa no dia em que o comprador recebe o pedido. O comprador deve notificar a MyFaktory de sua intenção de devolver os artigos conectando-se à sua conta de cliente "MINHA CONTA / PEDIDOS / DEVOLUÇÕES".

O Comprador tem uma extensão de 8 (oito) dias úteis para devolver (à sua custa) o(s) Produto(s) que encomendou se não estiverem satisfeitos. Esta extensão começa no dia em que ele recebe o número de devolução mencionado acima. No entanto, este dever não se aplica a artigos feitos sob encomenda.

Em relação ao direito de retratação, os produtos devolvidos devem ter sido objeto de uso mínimo, o que significa que foram testados por alguns minutos e não mostram sinais de uso prolongado.

Se as condições mencionadas acima forem cumpridas, a MyFaktory reembolsará o Comprador dentro de um prazo de 14 dias úteis a partir do momento em que a MyFaktory receber os bens devolvidos. O valor pago pelo Comprador, com exceção dos custos de devolução, será reembolsado. O reembolso das despesas de envio será feito de acordo com as seguintes regras:

Se o Comprador devolver o pedido completo, ele será reembolsado pelo valor total do seu pedido (excluindo o custo de envio). Os custos e riscos associados à devolução dos produtos são de responsabilidade do Comprador. Além disso, cabe ao Comprador manter todas as provas da devolução. A MyFaktory recomenda que os Compradores usem o correio registrado (Colissimo, pontos de entrega) ou qualquer outro meio que ofereça prova da devolução. As evidências documentadas devem conter as seguintes informações: endereço do destinatário, data de envio e número de embalagem.

8.1 Personal Information

Collecting personal information as part of the process of distance selling is essential; this information is necessary for recording, processing and delivering orders, as well as for billing purposes. This information is strictly confidential. The absence of this information will result in automatic rejection of an order.

The Buyer is entitled to have access to and to rectify, modify or suppress his personal data. To exercise this right, the Buyer must write to MyFaktory Customer Service at the aforementioned address. In every case, the Buyer must give his first name, surname, address and, if he has one, his Buyer number.

Finally, MyFaktory may disclose personal information to their commercial partners. The Buyer may therefore receive commercial offers from a third party. As such, it is specified that excepting express refusal on the part of the Buyer, his postal address may be communicated to MyFaktory’s commercial partners. However, his electronic address may not be given to the afore-mentioned commercial partners without the express agreement of the Buyer. The Buyer can refuse any such communication, either by not giving consent at the time of registration and/or when he validates his order, or later by letter, in accordance with the paragraph above.

8.2 Cookies

The only cookies created by MyFaktory are during the internet session and they are deleted when the Buyer logs out of the website.

8.3 Web Beacons

Some of the website’s web pages may contain electronic images or “web beacons”, which count the number of visitors to the page.

These web beacons may be used by some of our partners, specifically to measure and improve the efficiency of certain advertisements. In any case, the information obtained via these beacons is strictly anonymous and is simply used for statistical purposes concerning the number of visits to certain pages of the website and thus better serve the website’s Buyers.

9.1 Information About The Products

For every product on sale on the website, MyFaktory undertakes to give a description of all the essential information, within the limits of the information provided by the supplier.

MyFaktory does its utmost to gather the maximum amount of information for its Buyers so that they can familiarise themselves with the products before placing an order.

Despite the care taken over the description, mistakes may sometimes occur. If the Buyer notices any incoherencies, he or she can contact Customer Service to inform them. MyFaktory strives to correct any mistakes as soon as possible. Images and descriptions are not contractual and MyFaktory cannot be held responsible for any mistakes that might occur.

In particular, the images and the colours of the products shown on the website may not correspond to the real product, depending on the Internet browser and the resolution of the screen used by the client.

MyFaktory sells top quality items. However, some products have a “vintage” appearance and manufacturers may have added voluntary and desired “deterioration” (holes, fading, permanent creases, etc.). These products have been treated in order to give them a particular appearance. The extra details are often hand-crafted and therefore it is impossible to ensure homogeneity of the products. It is also normal for there to be some differences between the photographed products and the delivered products.

Although not always mentioned, it may be the case that some self-assembly will be required on certain products.

Todos os nossos produtos em pele apresentam 100% de pele genuína para todos os componentes visíveis, enquanto as áreas não visíveis, como a parte inferior de uma poltrona, podem não ser em pele.

9.2 Guarantees

The guarantees covering the products are shown in the description. A Buyer who has received a defective item whose guarantee is still in effect, should immediately contact MyFaktory Customer Service, which will inform him about how to proceed to either have the item repaired, replaced or reimbursed. MyFaktory will do its best to give the Buyer the email address of the supplier’s After Sale Service.

The guarantees covering the products are shown in the description. A Buyer who has received a defective item whose guarantee is still in effect, should immediately contact MyFaktory Customer Service, which will inform him about how to proceed to either have the item repaired, replaced or reimbursed. MyFaktory will do its best to give the Buyer the email address of the supplier’s After Sale Service.

9.3 Responsability

MyFaktory’s responsibility is limited to the total amount of the Buyer’s order. MyFaktory cannot be held responsible for inconvenience or damage caused by using a computer or a computer network or the Internet. In particular, MyFaktory cannot be held responsible for service interruption, outside interference or a software virus. The only obligation that MyFaktory has is to ensure the privacy of those who browse the website, register as clients, place an order and pay for it or any other service proposed by MyFaktory.

MyFaktory cannot be held responsible for any damage; material, intangible or corporal caused by the dysfunction or bad use of an item bought on the website.

It is up to the Buyer to verify with his local authorities about the specific taxes, declarations, bans and other rights of use of the imported items he has ordered. MyFaktory cannot be held responsible if the Buyer does not respect the laws of the country to which the products are delivered.

In the event that one of the clauses in the current contract is declared null and void due to a change in the law, regulation or by judicial decision, it would in no way effect the validity and respect of the other clauses of these General Conditions of Sale.

All the elements on the website, whether visual or audible, including underlying technology, are protected by copyright, trademarks or license. They are the exclusive property of MyFaktory. Any Buyer who has a personal internet website and who wishes to place a simple link (for personal use) that connects to the website’s home page must first ask MyFaktory’s permission. On the other hand, any hypertext link returning to the website using framing or in-line linking is prohibited. In any case, any link, even tacitly allowed, will be withdrawn if MyFaktory asks. Hypertext links can redirect to other websites. MyFaktory disclaims all responsibility in the case that the contents of such websites violate current laws and regulations.

The present General Conditions of Sale and the recapitulation of the order sent to the Buyer form a binding contract and comprise the totality of the contractual relationship between both Parties.

These conditions apply for the entire time during which MyFaktory presents its products online.

MyFaktory cannot be held responsible for the non-execution, either partial or total, of its obligations set out in this contract if the non-execution is caused by an event classified as “force majeure”: disturbances, all-out or partial strike by postal workers or means of transport and/or communication, floods or fire or any natural catastrophe.

In the instance of a “force majeure”, both Parties agree to keep in contact as often as possible so that they can work together to ensure the delivery of an order under normal circumstances.

Após um prazo de 2 (dois) meses após um caso de "força maior", se a PrivateFloor não puder entregar os artigos encomendados, reembolsará o Comprador pela totalidade da encomenda.

The following is specified to the Buyer:

The present conditions are concluded between, on one hand:

Infine Trading SL,

Calle Concepción Arenal 8,

29004 Málaga,

Espanha

E-mail : %link_start%Contact%link_end%

Hereafter named MyFaktory and, on the other hand the end client.

Hereafter named MyFaktory and, on the other hand the end client.

The General Conditions of Sale are regulated by Espanha's Law.

Any litigation arising from the General Conditions of Sale will be taken before the competent jurisdictions in application of the rules of common law.