Terms And Conditions

The following Terms and Conditions of Use of the website https://saramiguel.com/ apply to all visitors and customers and all business transactions made through the said platform.

By accepting these Terms and Conditions you declare that you have read them, understood them and agree in full with their content.

By selecting “Yes, I accept the Terms and Conditions” as part of the registration process on the site you are accepting these Terms and Conditions, as well as our Privacy Policies and Cookies.

We request you to read our policies carefully regarding cookies and our privacy policy before using this website. By using this website, the customer is aware that he/she must comply with these conditions and our privacy policies and cookies. So if you don’t agree with all the conditions and the privacy policies and cookies, you shouldn’t use this website.

All the rules described in this document, designated generically as “Terms”, may regularly undergo updates, being applicable from the time of their publication, with the exception of the actions already in progress, and any change to them will always be reported. You are for this, all the time, bounded to the rules, whenever you use the services available on our website. It is your responsibility to make your periodic reading, as the prevailing conditions at the time of using the web page or the contract celebration are the ones that will be applicable. The Terms and Conditions described herein take precedence over any kind of communication that can be made via e-mail or any other means of contact.

If you do not agree, or accept, these Terms and Conditions, you should not continue to use this page nor conclude the contract.

Failure to comply with any of these Terms and Conditions by the customer reserves Sara Miguel the right to unilaterally terminate any existing relationship that has been previously established in accordance with these Terms and Conditions.

CUSTOMER REGISTRATION

Only users aged 18 or over, legally capable of entering into contracts and acting solely in their own name and on their own behalf, are permitted to use the website.

Any activity or participation of users under 18 years of age is considered illegal and will not be tolerated by Sara Miguel.

Access and use of the features of https://saramiguel.pt/, directly or through an intermediary, is prohibited to all minors and to those who are prohibited or declared incapable under civil law.

Obligations and responsibilities of the Customer/User:

1 – Do not use the website for purposes other than obtaining information about products and their conditions of sale and/or for their purchase.;
2 – Complete all contact or order forms and any others made available on the website you use accurately, completely and truthfully.;
3 – Do not use the website or any of the platforms and forms made available through it to disseminate illegal, illicit or offensive content regarding general principles of law, ethics and public order.;
4 – Fully comply with all conditions of use of the website, as well as transactions and contracts concluded through it.

In order to place orders for products through the website https://saramiguel.pt/, the User/Customer must complete the on-line reservation form available in the section of the product they wish to purchase by clicking on the “Reserve” button or, if they wish to visit the artist’s atelier, they must select the “Make your appointment” option in the same section and complete the respective form.

PRODUCT PRICES, CHARACTERISTICS AND AVAILABILITY

If the information presented on the website does not correspond to the characteristics of the product, the Customer has the right to terminate the purchase and sale contract under applicable legal terms.

The photographs presented on the website are merely illustrative. Therefore, we recommend that you carefully consult the product details for more information about the respective characteristics of the items you wish to purchase.

The prices and specifications of the products are subject to change without notice. Despite all Sara Miguel’s best efforts in keeping all information up to date, some products may have an incorrect price, so we will check the prices whenever we process orders. Should this occur, at the time of order processing, Sara Miguel will inform the customer of this fact. In such a case the customer:

Will be refunded the difference if the advertised price is higher than the actual sale price;
May choose to cancel the order, or if you are informed of the actual price and still interested in it, pay the difference, if the actual price is higher than the advertised price.

The indication of the availability of the artworks, as well as the delivery deadlines, are merely indicative. If, due to the unavailability of the artworks or delays in processing or shipping the products ordered by the customer, it is impossible to fulfil the order within the expected delivery period indicated, plus five working days, Sara Miguel will contact the customer, who may choose to maintain the order and accept the new delivery period indicated, or cancel it, with the amount already paid being refunded.

The indicated price of the products is, unless there is an entry error or indication to the contrary, the retail price (includes VAT at the current rate). The price of any purchase made through the website is valid for the day on which the order is placed and paid for.

All data recorded by Sara Miguel constitutes proof of the set of transactions carried out between the Seller and the end Consumer, and it is Sara Miguel’s responsibility to archive the electronic document in which the contract is formalized, and to keep it accessible.

PLACING ORDERS

To place the on-line order:

1. Browse through the website pages and find the product(s) you want to purchase.
2. When you want to purchase the product in question, click on the “Reserve” button within that same article and you will be redirected to an order form where you will be asked to enter your personal data.
3. You will receive an e-mail with information about the availability of the chosen article(s), codes for ATM payment (national orders), or any other payment method, confirmation of delivery time and shipping costs.
4. Proceed with payment, confirming the order (sending proof of payment).
5. Finally, you will receive an order confirmation via e-mail, which we suggest you print or download a copy of for future reference and you will only have to wait the expected days for the postal delivery of the items.

PAYMENT AND PAYMENT METHODS

Orders become effective after payment through one of the payment methods made available by Sara Miguel for on-line purchases on the website.

Orders will only be processed and sent by Sara Miguel to the Customer after payment has been made.

The available payment methods will be those presented on the website.

For national payments, payments will be made via MB WAY or bank transfer indicating the respective IBAN or Paypal.
We do not accept any other payment methods other than those mentioned.

We will start processing the order after we have received payment. Therefore, we advise you to go to the ATM as soon as possible so that you receive your order as soon as possible. Once 5 calendar days have passed after the order was placed, and if we have not received any payment or payment notice, the order will be cancelled.

Payment details for payment via Paypal are collected directly by this entity and will be those necessary to carry out the transaction. For more information, please consult the Privacy Policy of this service. Sara Miguel will not collect any payment data.

In the event of non-confirmation of payment or non-compliance with these General Terms and Conditions of Sale, Sara Miguel reserves the right not to accept your order or to cancel it in whole or in part.

WEBSITE SECURITY

The website https://saramiguel.pt/ 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 the order is processed, and will not be stored on any public server.

Although we use highly advanced encryption software, any payment transmitted over the Internet or via e-mail carries some risk, particularly when the Customer does not take the necessary precautions and does not assume a responsible conduct.

Sara Miguel cannot be held responsible for any damage suffered as a result of the use of electronic means of communication, in particular damage resulting from failures or delays in the delivery of electronic communications, interceptions or manipulations of electronic communications by third parties or by computer programs used for communications or virus transmissions.

SHIPPING AND DELIVERY

After payment and confirmation of the order by Sara Miguel, the delivery time for items purchased on-line is 10 working days* (Portuguese Mainland), 15 working days* (Madeira and Europe) and 20 working days* (Azores and Rest of the World), for items with immediate availability (without ever exceeding 30 days). This is after payment and confirmation of the order by Sara Miguel.
During the months of July and August, delivery times may change and will be determined on a case-by-case basis.
(*Indicative days).

For your convenience, you can request that your order be sent to an address of your choice. Please ensure you enter your full address, as well as a contact name (if different) and a number to facilitate the prompt delivery of your order.

Shipping costs are subject to the volume, weight and destination of the work, so the value will be indicated in due course.

Deliveries of items purchased on-line are ensured by CTT or a carrier. If the person responsible for delivery CTT or the carrier is unable to deliver the order, you will receive a notification from CTT or from the carrier. The order will be available at the CTT point at your address for the period stipulated in the CTT notification or at the Carrier’s collection point.

Some of the data provided (Name, Address, Postal Code, City) will be shared with CTT or the carrier so that it is possible to deliver purchases made on-line. You will only be contacted if there is a problem with the delivery. Your data will not be used for any other purpose. For more information, see our Privacy and Personal Data Protection Policy.

EXCHANGES AND RETURNS

It is important to Sara Miguel that you are completely satisfied with your purchase. If, for any reason, you are not completely satisfied with your purchase, you may choose to freely terminate the contract.

As per DL 24/2014, the consumer has the right to freely terminate the contract within 14 days, without needing to provide any reason. However, the consumer does not have the right to freely terminate the contract in the following cases:

In case of damage or loss of the artwork resulting from shipping.

The period for exercising the right of withdrawal expires 14 days from the day following the day on which you acquire or a third party indicated by you, other than the carrier, acquires physical possession of the goods or, in the event of them being sent in separate instalments, of the last good.

In order to exercise your right of withdrawal, you must communicate to us your decision to terminate this contract by means of an unequivocal statement to the e-mail address saramiguel.arte@gmail.com or by sending a letter to:

Name: Sara Miguel
Address: Rua Luís de Camões, n.°214 3830-694 Gafanha da Nazaré

In order for the right of withdrawal period to be respected, it is sufficient that your communication regarding the exercise of the right of withdrawal is sent before the end of the resolution period.

In the event of termination of the contract, all payments made will be reimbursed to you without undue delay and, in any event, no later than 14 days from the date on which we are informed of your decision to terminate the present contract. We will make these refunds using the same payment method you used for the initial transaction, unless you expressly agree otherwise.

All elements supplied with the product (including its packaging and any accessories) are essential for the eventual return of the product.
The certificate of authenticity and the corresponding purchase invoice are absolutely necessary for exercising the rights arising from the legal guarantee.
Once the products are returned, they will be analysed and their condition will be checked.

The costs of returning products due to the exercise of the right of withdrawal will be borne by the customer.
The customer may be deemed liable for the depreciation of the goods resulting from handling that exceeds what is considered necessary to verify the nature, characteristics and functioning of the goods.
Exchanges are only permitted:

– If the items have not been used and are still packaged;
– If they are returned within 14 days from the day after you acquire physical possession of the products.

Returned artworks and their frames must be in perfect condition, complete and suitably packaged and wrapped. We reserve the right to refuse to accept products that arrive in deficient condition. Feel free to contact us for advice on the repackaging process and the selection of a carrier. In the event of contractual withdrawal due to the buyer’s responsibility, the costs of packaging and return will be borne by the buyer. The refund will be made up to 15 days after the date of receipt of the product and acceptance of its return. Our liability for products sold on this website is limited to their purchase price.

We recommend that you use a secure or trackable shipping method, for example registered or special delivery, and keep your proof of shipping. Until we receive the returned item in the above address, the items and their condition are the sole responsibility of the customer.
The items must not show signs of use and must be in a saleable condition, and the customer will be held responsible for any depreciation of the goods resulting from handling that results in signs of use or wear.
The costs arising from the exchange of products will be borne by the customer.

EXTRAJUDICIAL RESOLUTION OF CONSUMER DISPUTES

In the event of a dispute, the Customer may resort to an Alternative Consumer Dispute Resolution Entity:

Centro de Arbitragem de Conflitos de Consumo (consumer conflict arbitration centre)
Address: Rua D. Afonso Henriques,
1 4700 – 030 Braga
Telephone: 253 619 107 (call to the national landline network)
E-mail: geral@cniacc.pt
Website: https://www.cniacc.pt/pt/

More information at Portal do Consumidor www.consumidor.pt.

APPLICABLE LEGISLATION. JURISDICTION OF PORTUGUESE COURTS

The use of the website, as well as the transactions, contracts and business concluded through it, and the interpretation and application of these general conditions, are subject to Portuguese law.

The Portuguese Courts shall have exclusive jurisdiction to settle any dispute arising from the use of the website, transactions, contracts and business concluded through it or the application of these general conditions.

INTELLECTUAL PROPERTY

The images, photographs, models, text, files, trademarks, product names are the property of Sara Miguel and are protected by copyright and other intellectual property laws.

The user of the website agrees not to download, display, copy or use any content from https://saramiguel.pt/, for any purpose (commercial or non-commercial), in any form, including in a way that is likely to create confusion, denigrates or discredits Sara Miguel.

CUSTOMER SUPPORT

Sara Miguel has a customer support service. This service is intended to support the customer at any time in order to clarify any existing doubts related to the use and installation of the work. You can contact us via the e-mail support@saramiguel.pt

Sara Miguel has a complaints service for use by the customers. As her focus is customer satisfaction, Sara Miguel will do everything in her power to resolve any problems reported by the customer as quickly as possible.
The user may submit his/her complaint via the address support@saramiguel.pt

PRIVACY POLICY AND PERSONAL DATA PROCESSING

COLLECTED DATA

By visiting our web page you may provide some personal data that is collected through our contact form, voluntarily provided by the visitors, for business purposes, namely for mailing, campaigns and promotions, news, budgets or response to questions and requests for information.

Additionally, and only in cases where the customer clearly intends to place an order, we may also request the tax number, name, telephone number and e-mail of the contact person and billing address on the order form. As the data subject, you have the right to access, rectify and delete the data at any time, expressly manifesting your wishes as follows:

By e-mail, sent to support@saramiguel.pt;
By letter, addressed to Name: Sara Miguel, Address: Rua Luís de Camões, n.°214, 3830-694 Gafanha da Nazaré

PURPOSE

Sara Miguel collects personal data on her website for the purpose of making a commercial proposal or issuing sales documents. As well as other commercial interactions already mentioned above.
In the case of e-mail, you may also be asked for consent so we may send you newsletters with our campaigns, promotions, news and other services.
Revocation may be carried out by communicating to one of our contacts described in the previous point.

DATA STORAGE DURATION

The data is kept as long as there is a commercial relationship between Sara Miguel and the data subject. If there is no commercial relationship, data storage will be maintained for 10 years in our systems.

RECIPIENTS OF THE DATA

Sara Miguel is the sole entity responsible for processing personal data collected within the scope of this Privacy Policy. Personal data will not be shared with external entities.

RIGHTS OF THE DATA SUBJECTS

Data subjects may access, rectify or request their definitive deletion, by sending a written request to our contacts.
You can also make a formal complaint to the competent authority, which in Portugal is the CNPD (National Data Protection Commission).
More information at the following link: https://www.cnpd.pt.

DATA SECURITY

Sara Miguel is concerned about protecting your personal data while you are using her website. To do this, she uses security and protection systems.
It is, however, your responsibility to ensure that the computer you use is also protected against computer viruses and other harmful programs.

The data is stored in a database with backup copies, duly protected and with restricted access. Communications between the data subject and our website, where the data is collected, are encrypted using the secure HTTPS protocol.

USE OF COOKIES (WEBSITE)

Sara Miguel uses cookies on her website to improve performance and your user experience.
Cookies are small information files that are stored on your computer, tablet, telephone or other device with Internet access, through the browser. The information retained by cookies is sent back to the website server every time the browser opens one of its pages. Cookies help determine the usefulness, interest and uses of a website, allowing for a faster and more efficient navigation. They avoid repeatedly entering the same information.

Cookies collect generic information related to user preferences, for example, how they use the page, etc., allowing the system to remember characteristics or browsing preferences from previous sessions.
These cookies allow us to monitor the performance of our website by analysing how users use it. We can quickly identify and correct any issues, continually providing a high-quality experience with a personalized offering.
Most areas of our website work without cookies, however, restricting or blocking them may cause difficulties in accessing some of our features or receiving personalized information.

These cookies are not invasive or harmful, and do not contain personal information.
If your internet browser is set to accept cookies, when you visit our website, we consider that you are accepting our cookies policy.