Terms and Conditions

::: Artway Lda / Limited Liability Company

::: Headquarters: Rua Ribeiro de Sousa, 401 4250-408 Porto / Office: Rua Sá da Bandeira, 612 1º left 4000-431 Porto

::: geral@artway.pt

::: Tax ID 510 004 989

 

2. Terms and Conditions and Privacy Policy

::: Terms and Conditions

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1. Scope and Object of the Store’s General Conditions

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These General Conditions, together with the order form and the other elements mentioned therein, are intended to regulate the terms and conditions under which the Artway Online Store Service will be provided, headquartered at Rua Ribeiro de Sousa, 401 4250-408 Porto, under the single registration and legal person identification number 510004989, with a share capital of €5,000.00, hereinafter referred to as Artway.

The Service consists of providing, through the address www.artway.pt/store, access to the Online Store which, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described herein.

The ordering of products must be done by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their representatives). The elements and information transmitted by the User shall have full legal effects, with the User recognizing the electronic acquisitions, and cannot claim lack of signature for failure to comply with the assumed obligations.

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2. Product Information and Content

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Artway will make every effort to ensure that the information presented does not contain typographical errors, and these will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to resolve the purchase contract under the applicable legal terms (right of free cancellation – see point 9).

Artway will make every effort to send all ordered products, but it is possible that, in certain cases and due to causes difficult to control by Artway, such as human errors or incidents in computer systems, it may not be possible to make available some of the products requested by the User. If any product is unavailable after you have placed the order, you will be notified by email or telephone. At that time, you will be given the possibility to cancel the order with the respective refund, if you have already made the respective payment.

All information about prices, products, specifications, promotional actions, and services may be changed at any time by Artway.

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3. Responsibilities

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3.1 All products and services sold on the Artway Online Store comply with Portuguese Law.

3.2 The Store has adequate security levels, however Artway shall not be liable for any damages suffered by the User and/or third parties, due to delays, interruptions, errors, and suspensions of communications originating from factors outside its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or arising from downloading infected files or files containing viruses or other properties that may affect the User’s equipment through the service. If for any reason of error accessing the Artway Online Store website there is an impossibility of providing the service, Artway shall not be liable for any damages.

3.3 Data and information consultations carried out within the scope of this Service are presumed to be carried out by the User, with Artway disclaiming any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 Artway shall not be liable for any losses or damages caused by abusive uses of the Service that are not directly attributable to it through intent or gross negligence.

3.5 Artway is not responsible for losses or damages resulting from non-compliance or defective compliance with the Service when this is not directly or indirectly attributable to it through intent or gross negligence, and is not liable in particular for (i) errors, omissions or other inaccuracies regarding the information provided through the Service; (ii) damages caused by the fault of the User or third parties, including intellectual property violations, (iii) non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance that results from the occurrence of force majeure situations, i.e., situations of an extraordinary or unpredictable nature, external to Artway and which cannot be controlled by it, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations uncontrollable by Artway that prevent or hinder the fulfillment of the assumed obligations.

3.6. Artway does not guarantee that:

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1. i) the Service is provided uninterruptedly, is secure, error-free, or works indefinitely;

2. ii) the quality of any product, service, information, or any other material purchased or obtained through the Service meets any User’s expectations regarding it;

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• iii) any material obtained in any way through the use of the Service is used at the User’s own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any data loss resulting from that operation.

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1. iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these General Conditions.

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3.7. The User agrees that Artway cannot be held liable in any way for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of such damages), resulting from:

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1. i) the use or inability to use the Service;

2. ii) the difficulty of obtaining any substitute goods/services;

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• iii) unauthorized access or modification to personal databases.

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4. Consumer Obligations

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4.1. The user undertakes to:

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1. i) Provide correct personal data and addresses;

2. ii) Not use false identities;

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• iii) Respect the imposed order limits.

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4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Artway disclaims any liability. In the event that the consumer violates any of these obligations, Artway reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Artway to the same User; and also not allow the User’s future access to any or all services made available by Artway.

4.3. The use of purchased products and services for commercial purposes is expressly prohibited, namely for the resale of goods.

5. Privacy and Protection of Personal Data

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5.1. Artway guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as mandatory are indispensable for the provision of the Service by Artway. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may lead to the refusal of the provision of the Service by Artway.

5.3. The User’s personal data will be processed and stored electronically and are intended to be used by Artway within the scope of the contractual and/or commercial relationship with the User and, if authorized by the User, for the marketing of records, sheet music, and other types of products related to Artway’s activity.

5.4. Under the terms of applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes provided for in the previous number, and for this purpose they must contact the entity responsible for processing personal data: Artway Lda.

5.5. The Internet is an open network, so the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, running, including the risk of being accessible and used by unauthorized third parties for this purpose, and Artway cannot be held responsible for such access and/or use.

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6. Order Cancellation

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6.1 At the User’s request

The User may cancel their order by requesting it from Artway via telephone number or email, mentioning the order number, which will be accepted provided that it has not yet been processed. After processing, Artway will attempt to deliver it, but the User has the option not to accept it.

For the purpose of cancellation, the User must indicate the following data to Artway:

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1. a) Order number

2. b) Tax ID with which you placed the order and delivery address

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6.2 By Artway’s decision

Artway reserves the right not to process orders, when verifying any inconsistency in the personal data presented or observing misconduct on the part of the buyer. Artway reserves the right not to process any order or refund, in case of errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond Artway’s control.

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7. Return (Right of Withdrawal)

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7.1. The User, if a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.

To exercise this right, the User may use the form indicated below, and must indicate all their identification data, the subscribed service they wish to withdraw from, and the subscription date. The communication must be made by letter, by returning the purchased good, or by another appropriate means capable of proof within the above-mentioned deadline.

The consumer must, within 14 (fourteen) days from the date of communication of the withdrawal, return the goods to Artway in proper condition for use.

Model form for right of withdrawal (only fill in and return this form if you wish to withdraw from the contract)

– To Artway Rua Ribeiro de Sousa, 401 4250-408 Porto geral@artway.pt:

– I/We (*) hereby communicate that I/we (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*) — Ordered on (*)/received on (*) —

Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper). (*) Delete as appropriate.

The packaging must be returned complete, as it was delivered, and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address: Artway Rua Ribeiro de Sousa, 401 4250-408 Porto

If the User chooses other forms of return, the respective shipping costs will be their responsibility.

7.2. Upon receipt of the return at Artway, the amount corresponding to the amount paid for the order (sales invoice amount) will be refunded to the User. If a promotional discount code has been used, that amount will not be refunded, i.e., the refund will only be for the amount actually paid.

7.3. The method of refunding the amount to be returned depends on the payment method used for the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, when IBAN information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made within 14 days after receiving the intention of withdrawal and receiving the return of the good.

7.4. In the absence of any component of the sold item, or if any of them is not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent again to the original shipping address.

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8. Manufacturing Defect

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8.1. In case of a “manufacturing defect”, i.e., when faults are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, along with a copy of the invoice and the completed “Equipment Exchange/Return Request” form, within a maximum period of 30 consecutive days from the invoice date, to the following address: Artway Rua Ribeiro de Sousa, 401 4250-408 Porto

If the User chooses other forms of return, the respective shipping costs will be their responsibility.

8.2. For the product exchange to be carried out, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, device and accessories) containing all its components, in excellent condition.

8.3. In the absence of any of the aforementioned elements, or if any of the components is not in excellent condition, there will be no exchange, and the product will be sent back to the User.

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9. Warranty

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9.1. All equipment available in the Store is duly certified by the competent international entities.

9.2. Equipment and accessories have a warranty period defined by the manufacturer, which under the law is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly filled out.

9.3. Equipment that has exceeded the period defined by the manufacturer or has defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, moisture/liquid infiltration, use of non-original accessories and technical interventions by unauthorized personnel are considered outside the warranty conditions.

9.4. If the equipment breaks down, and if it is covered by the warranty, the User can go with it, and respective proof of purchase and/or warranty, to a brand technical assistance center.

9.5. Accessories covered by the warranty, that break down, must be sent, with the respective proof of purchase and/or warranty, to the following address: Artway Rua Ribeiro de Sousa, 401 4250-408 Porto

If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT receipt proving the shipment of the order.

9.6. If the equipment breaks down and this fault is not covered by the warranty, the User can go with it, and respective proof of purchase, to a brand technical assistance center.

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10. Intellectual Property

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10.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Artway.

10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.

10.3. The User acknowledges that any content appearing in the advertising, highlight, promotion, or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property, and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the previous number, namely by refraining from any acts that may violate the law or such rights, such as reproduction, commercialization, transmission, or making available to the public of such content or any other unauthorized acts that have such content as their object.

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11. Service Security Conditions

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11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of applicable legislation on the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of use of the Service, under penalty of Artway suspending or deactivating the Service under the terms provided in point 14.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by multiple users, and as such, subject to computer overloads, so Artway does not guarantee the provision of the Service without interruptions, loss of information, or delays.

11.3. Artway also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or force majeure (situations of an extraordinary or unpredictable nature, external to Artway and which cannot be controlled by it).

11.4. In the event of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is based, Artway undertakes to regularize its operation as soon as possible.

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​ 12. Suspension and deactivation of the Store Service

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12.1. Regardless of any prior or subsequent communication, Artway may, at any time, and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.

12.2. Artway also reserves the right to immediately suspend or terminate access to the Service, in the following cases:

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1. a) When the User does not observe the conditions of use referred to in point 4 and others mentioned in the General Conditions;

2. b) When Artway ceases access to the Store, upon prior communication with 15 days’ notice before the termination date.

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12.3. The suspension or termination of the Service by Artway, under the terms of the previous numbers, does not entitle the User or third parties to any indemnity or other compensation, and Artway cannot be held responsible or in any way burdened for any consequence resulting from the suspension, annulment, cancellation of the Service.

12.4. In the situations described above, Artway will communicate with the User in advance so that they may, if they wish, safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or availability of the information on the main page of the Service.

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13. Communications

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13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User related to the Service, including possible changes to these General Conditions, may be made to the User’s email address, by SMS, or telephone contact.

13.2. The User agrees to receive any and all communication and/or notification related to the Online Store, at the address, contact telephone number, and/or email address indicated in the order process.

At any time, you may request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.

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14. Technical Configurations

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14.1. Without prejudice to the provisions of the following number, Artway may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must disclose such changes to the User with a minimum notice of 15 (fifteen) days.

14.2. The version in force at any time of these General Conditions and its annexes is available on the website Rua Ribeiro de Sousa, 410 4250-408 Porto

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15. Communications

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15.1. Whenever Artway deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.

15.2. Without prejudice to the provisions of the following numbers, and given the innovative nature of the Service and the technological evolutions to which it may be subject, Artway may change its technical configurations whenever it proves convenient to adapt it to possible technological developments.

15.3. Artway does not, however, guarantee the User any upgrades or improvements to the Service.

15.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription, by them, to Specific Conditions of use.

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16. Complaints​

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16.1. The User may submit any contractual conflicts to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Artway about acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the User’s knowledge of the facts, and will be registered in Artway’s information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.

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17. Applicable Law

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The Contract is governed by Portuguese law.

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::: Privacy and Protection of Personal Data

Artway guarantees the confidentiality of all data provided by Users.

The personal data identified in the order form as mandatory are indispensable for the provision of the Service by Artway.

The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may lead to the refusal of the provision of the Service by Artway.

The User’s personal data will be processed and stored electronically and are intended to be used by Artway within the scope of the contractual and/or commercial relationship with the User and, if authorized by the User, for the marketing of records, sheet music, and other products related to Artway’s activity.

Under the terms of applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify, and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes provided for in the previous number, and for this purpose, they must contact the entity responsible for processing personal data: Artway.

The Internet is an open network, so the User’s personal data, other personal information, and all content hosted on the Service may circulate on the network without security conditions, running, including the risk of being accessible and used by unauthorized third parties for this purpose, and Artway cannot be held responsible for such access and/or use.

3. Payments, Shipping Methods, Returns, and Refunds

::: Payment

During the order process, all available payment methods are indicated to the customer.

::: Shipping

Shipping restrictions (e.g., geographic) are clearly expressed, both on the site.

::: Return

The customer has 14 days to return the product or cancel the contract, without additional costs or needing to specify a reason. Examples of exceptions: Customized products, sealed products not eligible for return, products that deteriorate easily or expire quickly.

::: Refund

It must be made using the same payment method used for the payment, without prejudice to the customer, within a maximum period of 14 days. If the refund is requested through a different method, they will not have to refund additional costs.

4. Prices and Price Reductions

Before completing the purchase, the customer is aware of all costs inherent to the order: product price, fees, shipping costs, and other charges, if any.

In case of price reductions, it will be clear to the customer:

::: Applicable modality: sale, promotion, or clearance;

::: Which products have a reduced price;

::: Respective percentages;

::: Start date and duration period of the sale, promotion, or clearance.

5. Invoicing

::: Software

Artway uses certified invoicing software, and all products sold online are invoiced after confirmation of customer payment.

6. Cookies

Cookies are small text files that can store personal data of users visiting online sales sites and are necessary, for example, to know how many visitors are received per day, or even to allow login (accessing the account). However, it is essential to confirm that cookies only store strictly necessary data and that the user consents to their collection. For this, there must be a notice on the site and a consent button.

7. Protection of Personal Data

Artway protects the privacy of its users, in accordance with the rules established in the General Data Protection Regulation.

8. Consumer Disputes

Customers who buy online have the right to complain about the products or services purchased, as happens in any physical establishment. For this, it is essential that your online store complies with the following rules:

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Electronic Complaints Book Platform

Porto Consumer Information and Arbitration Center

Postal address:

Rua Damião de Góis, 31 – Loja 6 – 4050-225 Porto

Tel.: 225 508 349 E-mail: cicap@cicap.pt web: www.cicap.pt

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Under the General Data Protection Regulation – EU 2016/679 and Law 58/2019 of August 8th.