General Terms and Conditions of Sale in Store
1. Payment Terms
a) ESPAÇO LIBRIS payment terms in Mainland Portugal and the Islands are: on order confirmation: 30% | on delivery: 70%.
Other destinations: on order confirmation: 50% | before delivery/dispatch: 50%. ESPAÇO LIBRIS reserves the right to change these terms.
b) The order confirmation payment may be made by any available payment method, namely: cash, Multibanco (debit card), cheque, bank deposit or bank transfer.
c) Payment on delivery must be made in cash, by Multibanco (debit card), by cheque or on presentation of proof of a completed bank transfer.
d) Payment before delivery/dispatch must be made in cash, by Multibanco (debit card), by certified cheque, by bank deposit or on presentation of proof of a transfer made in advance, so as to guarantee that the funds are available.
e) Should the customer require other payment terms, these must be agreed in advance when the order is placed and approved by management.
f) Changes to the payment terms will not be accepted at the time of delivery or before delivery/dispatch.
g) In compliance with Law No. 92/2017, we do not accept cash payments equal to or above €3,000.00.
2. Issue of Invoicing Documents
a) The customer must state whether they require an invoice with or without a tax identification number (NIF) by the time of purchase/order and before delivery. Failure to provide this information within this period will make it impossible to request any subsequent changes or the issue of new documents.
b) Where the customer, at the time of purchase/order, does not provide different details for the issue of documents, the documents will be issued with the details originally provided when the customer account was opened, at the time of the quote request or order.
c) The customer may request, strictly in writing and within the time limit, that transport and invoicing documents be issued with other details of their own or with the details of a third party, being a different person or entity, provided that the third party is aware of and accepts this in writing and that such details are demonstrably valid.
d) The details, namely name and address, used on the Delivery Note (Guia de Transporte) must be exactly the same as those used for invoicing. Accordingly, after delivery, these details may not be changed or replaced.
e) Once transport or invoicing documents have been issued, they cannot be altered.
Any request to replace invoicing documents is subject to a feasibility assessment by the finance department, which has the final decision, provided that legal compliance is ensured and sound accounting and tax practice is not compromised.
3. Order confirmation: acceptance of the order and of the general terms and conditions of sale
a) Payment of the order confirmation deposit in the agreed percentage confirms that the order will proceed and evidences the intention to actually purchase the items described in the relevant, duly identified customer order, and that the customer has read and accepts all the terms set out in the ESPAÇO LIBRIS General Terms and Conditions of Sale document displayed in store;
b) By confirming the order, the customer consents to being sent, by e-mail, a Customer Satisfaction Questionnaire to complete once the Customer Order has been fully processed. Completing it is optional.
4. Delivery
a) The delivery time stated to the customer only begins once the order confirmation payment has cleared.
b) The estimated delivery date stated to the customer may be changed or updated, subject to the logistical availability of ESPAÇO LIBRIS or the customer's preference, and must be scheduled by mutual agreement.
c) Should there be a delay in delivery which is found to be due to reasons beyond the scope of the professional responsibility of ESPAÇO LIBRIS, the company will not be liable for any damage and/or third-party breaches that may result.
d) No item will be delivered until payment has been made in full. Full payment must be made no later than delivery.
e) On delivery, even if the order is not fully fulfilled/delivered, the customer must pay for the items delivered. Items that are subject to replacement or missing, for whatever reason, may be paid for up to the date of their replacement/delivery.
f) Should it not be possible to deliver the items to the home in the normal way through straightforward access, making it necessary to use cranes or other lifting platforms from external companies on an exceptional basis, and if this has not already been provided for and priced in the customer order, the cost of that service will be charged to the customer in addition. The customer may subcontract this service directly, in which case they must inform us at least 10 working days before the actual delivery of the items.
g) In our wallpaper hanging service, we accept no liability regarding the visibility of the joins between wallpaper strips, as this depends on the weight and/or texture of each wallpaper, or on other factors unrelated to the hanging itself.
5. Exchanges and Returns
a) The customer has 15 consecutive days from the delivery date or the invoice date (whichever comes first) to return or exchange the item(s) purchased, solely where these are display or catalogue items with strictly standard specifications.
b) The right to return items as described in the previous paragraph does not cover customised and/or made-to-measure items, or items for which such an exception is stated in the customer order.
c) Customised and/or made-to-measure items are those ordered specifically to fulfil the customer's order, with any specifications that differ from the standard or catalogue version. Customised and/or made-to-measure items also include items which, even if considered standard, undergo any kind of modification, whether in shape, colour, dimensions or finish, or through the addition of other materials such as accessories or fabrics chosen by the customer specifically for those items.
d) In the event of the return of item(s) by the customer, ESPAÇO LIBRIS will assess whether or not to accept it and, if accepted, will issue the corresponding Credit Note, asking the customer to sign the duplicate copy. The customer keeps the original and may use that amount as credit towards future purchases within a maximum period of 1 year. ESPAÇO LIBRIS does not refund credit amounts to the customer for returns.
e) In the case of defective items, where the customer makes a complaint in writing, with photographic evidence, within 7 consecutive days of the date of purchase or delivery of the items, ESPAÇO LIBRIS undertakes to repair or exchange the item. Should this not be possible, the customer will be entitled to a refund.
f) During promotional campaigns, duly identified in store, exchanges and returns are not accepted. Promotional campaigns are governed by the General Terms and Conditions of Sale, and specific particular conditions, such as payment terms or others, may be defined and displayed for each one.
6. Storage period for items purchased by the customer, after the date on which the customer is informed that they are available for delivery
a) The storage period for items purchased by the customer (confirmed, or partially or fully paid) is 3 months from the date on which the customer is informed that they are available for delivery.
b) If the items are not collected, or if the customer refuses our delivery, after this period:
i. The items will no longer be reserved and may be put back on sale;
ii. Where order confirmation amounts have been paid in advance, the customer will retain that amount as credit towards a new purchase within a maximum period of 1 year, except for items considered customised and/or made to measure [clause 5. c)], in which case the customer immediately loses the right to the credit, as well as the right to a refund of the corresponding amount.
iii. After the period of 1 year, the customer will lose the right to the credit, as well as the right to a refund of the amount.
iv. In the situation described in 6. b) i., should the customer wish to place a new order for exactly the same item, we cannot guarantee that this will be possible, whether due to price, discontinuation or any other reason or specific characteristic.
c) Up to the period described in 6.a), ESPAÇO LIBRIS does not charge any storage fee, allowing for the normal lead time to source the customer's entire order and possibly some complimentary storage time.
d) After the period described in 6.a), ESPAÇO LIBRIS may charge a storage fee equal to 3% of the value of the stored items, calculated monthly on the price excluding VAT. The amount calculated will be charged/invoiced monthly, plus VAT at the applicable rate.
7. Storage period in our warehouse for items owned by the customer
Approval and storage period
a) Approval by ESPAÇO LIBRIS, in some written form, is mandatory for items owned by the customer to remain stored on our premises, namely in our warehouse.
b) Items owned by the customer that are stored in our warehouse may remain there for a maximum period of 60 days from the date of their receipt or arrival.
c) The transport of items owned by the customer may incur costs, which will be agreed in advance with the relevant Sales Representative.
Cost of additional storage
d) Should the items remain in the warehouse for longer than the period specified in clause 7. b), a storage fee of €3.00/m³ of space occupied, per day, will apply.
Liability and insurance
e) During the storage period, ESPAÇO LIBRIS will take all reasonable measures to ensure the safety of the items. However, it accepts no liability for loss or damage caused by events beyond its control, including natural disasters, fire or theft.
f) During the storage period, the customer is responsible for ensuring that the stored items are covered by adequate insurance for the entire storage period.
Notification and removal of items
g) ESPAÇO LIBRIS will notify the Customer before the end of the free period, informing them of the need to remove the items or of the application of the additional fees mentioned in point 7.d).
h) If the items are not removed within the stipulated period, the company reserves the right, at its sole discretion, to take the following measures:
i. Continue to charge the additional storage fees as specified;
ii. Transfer the items to an external warehouse, with all costs incurred being the responsibility of the customer;
iii. Dispose of the items as it deems appropriate, 90 days after notification without a response from the customer.
Payment terms
i) Storage fees must be paid by the 5th day of the month following the month in which they were incurred.
j) Non-payment of storage fees may result in the items being withheld until all outstanding debts have been settled, in addition to any other applicable legal action.
8. Consumer Dispute Resolution Body
ESPAÇO LIBRIS has a Livro de Reclamações (Complaints Book), as required by law.
Member company of the CNIACC Arbitration Centre (Centro Nacional de Informação e Arbitragem de Conflitos de Consumo, the National Consumer Dispute Information and Arbitration Centre), with the following contact details: Faculdade de Direito da Universidade Nova de Lisboa, Campus de Campolide, 1099-032 Lisbon;
Tel.: 213 847 484; E-mail: cniacc@fd.unl.pt; Web: http://www.arbitragemdeconsumo.org.
In the event of a dispute, the consumer may refer the matter to this Dispute Resolution Body. Further information at www.consumidor.pt.”