CGV
TERMS AND CONDITIONS OF SALE AND USE
SPACIOUS RHYTHMS LDS
Address: Rua Caminho Da Pedreira, Sitio Falfosa CP 876-Z, 8005-483 FARO, PORTUGAL
Website: https://www.spaciousrhythms.com
ARTICLE 1 – PURPOSE
These Terms and Conditions of Sale and Use (hereinafter the “TCSU”) govern the contractual relationship between Spacious Rhythms LDS (hereinafter the “Seller”) and any user of the website https://www.spaciousrhythms.com (hereinafter the “Client”). They define the conditions applicable to any order placed by the Client, as well as the use of the website.
ARTICLE 2 – Definitions
- Client: Any individual or legal entity using the website and placing an order.
- Product: Any good or service offered for sale by the Seller, including timber frame houses and other types of construction.
- Website: The website https://www.spaciousrhythms.com.
ARTICLE 3 – Member Area
Access to certain parts of the website may require the creation of a member account. The Client agrees to provide accurate and up-to-date information. The use of this account is strictly personal.
ARTICLE 4 – Account Opening and Closing Procedures
The Client may create an account via the website. The Seller reserves the right to close or suspend any account that violates the TCSU or applicable laws. The Client may request the deletion of their account at any time.
ARTICLE 5 – Geographical Usage Limitations
The services and products offered on the website are available for deliveries within Portugal and the European Union. Specific restrictions may apply depending on the destination.
ARTICLE 6 – Site Access and Availability
The website is accessible at all times, subject to technical maintenance. The Seller cannot guarantee the absence of malfunctions and disclaims all responsibility for any temporary unavailability of the website.
ARTICLE 7 – Stock and Product Management
The Seller endeavors to keep the product inventory up to date. However, if an ordered product is no longer in stock, the Client will be informed promptly and can opt for a refund or an alternative solution.
ARTICLE 8 – Promotions and Special Offers
The Seller may offer limited-time promotions or special offers. These offers are subject to specific conditions, and the Seller reserves the right to modify or withdraw them without prior notice.
ARTICLE 9 – Orders
Any order placed on the website implies full acceptance of the TCSU. Once validated, the order is final, subject to the provisions relating to the right of withdrawal.
ARTICLE 10 – Order Validation
After placing an order, the Client will receive a confirmation email summarizing the details of the order. This validation constitutes proof of the transaction between the Client and the Seller.
ARTICLE 11 – Payment
Payments are made via the available methods on the website (credit card, bank transfer, etc.). Full payment must be made before delivery. The Seller reserves the right to refuse any order in case of non-payment.
ARTICLE 12 – Prices and Delivery
Product prices are indicated in euros and include applicable VAT. Delivery fees are calculated based on the destination and the weight of the products. The estimated delivery time is provided at the time of the order.
ARTICLE 13 – Right of Withdrawal
In accordance with European law, the Client has a period of 14 days from the receipt of the product to exercise their right of withdrawal without justification. Return shipping costs are the responsibility of the Client.
ARTICLE 14 – Rights in Case of Non-Conformity (Product Claims)
In the event of receiving a product that does not conform to the order, the Client has 14 days to file a claim with the Seller. The Seller undertakes to replace or refund the defective product.
ARTICLE 15 – Force Majeure
The Seller cannot be held liable for any delay or non-performance of its obligations in the event of force majeure (natural disasters, conflicts, strikes, etc.).
ARTICLE 16 – Notifications and Claims
Any claim or request for information must be submitted in writing to the customer service department using the contact details provided on the website.
ARTICLE 17 – Additional Information
The Client may contact customer service for additional information or to receive advice on products.
ARTICLE 18 – Website Performance and Responsibility
The Seller undertakes to ensure the proper functioning of the website but disclaims all responsibility for any temporary interruption or malfunction.
ARTICLE 19 – Newsletter
The Client may subscribe to the website’s newsletter to receive information about products, promotions, and news. The Client may unsubscribe at any time by following the unsubscribe link provided in each email.
ARTICLE 20 – Responsibility
The Seller agrees to deliver products that comply with current specifications and standards. However, the Seller’s liability cannot be engaged for damages resulting from improper use of the products by the Client or for indirect damages.
ARTICLE 21 – Independence of Clauses
If any provision of these TCSU is found to be invalid or unenforceable, the remaining provisions will remain in effect. The relevant provision will be applied to the extent permitted by law.
ARTICLE 22 – Modifications
The Seller reserves the right to modify these TCSU at any time. Changes will take effect upon publication on the website. The Client is encouraged to regularly review the TCSU to stay informed of any updates.
ARTICLE 23 – Hyperlinks
The website may contain links to other websites. The Seller disclaims all responsibility for the content of these third-party sites. These links are provided for informational purposes only and do not imply an endorsement by the Seller.
ARTICLE 24 – Intellectual Property Rights
All elements of the website, including texts, images, graphics, logos, and other content, are protected by copyright and remain the exclusive property of the Seller or its partners. Any unauthorized reproduction, distribution, or use is strictly prohibited.
ARTICLE 25 – Seller and User Responsibility
The Seller agrees to deliver products in accordance with the descriptions provided on the website. The Client is responsible for the use of the products and any consequences arising from improper use.
ARTICLE 26 – Use of Cookies
The website uses cookies to enhance the user experience and analyze traffic. The Client is informed of this use upon their first visit and can configure their browser to refuse cookies.
ARTICLE 27 – Privacy Policy
The Seller is committed to respecting the privacy of the Client’s personal data. The information collected is used solely for the management of orders and will not be shared with third parties without the Client’s consent.
ARTICLE 28 – Personal Data
In accordance with European laws (GDPR), the Client has the right to access, rectify, and delete their personal data. To exercise these rights, the Client can contact customer service through the contact information provided on the website.
ARTICLE 29 – Applicable Law
These TCSU are governed by Portuguese and European law. In the event of a dispute, the parties will endeavor to find an amicable solution before taking any legal action.
ARTICLE 30 – Accuracy, Completeness, and Timeliness of Information
The Seller strives to provide accurate and up-to-date information on the website. However, the Seller does not guarantee that the information on the website is complete or error-free.
ARTICLE 31 – Optional Tools
The website may offer the use of third-party tools to enhance the user experience. These tools are provided “as is,” without warranty. The Seller disclaims all responsibility for the use of these tools.
ARTICLE 32 – User Comments, Feedback, and Other Submissions
The Seller encourages user feedback and comments. However, the Seller reserves the right to moderate or remove any content deemed inappropriate, offensive, or in violation of these TCSU.
ARTICLE 33 – Errors, Inaccuracies, and Omissions
Despite the Seller’s efforts, errors, inaccuracies, or omissions may appear on the website. The Seller reserves the right to correct these errors at any time without prior notice, including after an order has been placed.
ARTICLE 34 – Prohibited Uses
The Client agrees not to use the website for any illegal or prohibited purposes under these TCSU. Any abusive or fraudulent use will result in account termination and potential legal action.
ARTICLE 35 – Disclaimer of Warranties; Limitation of Liability
The Seller does not guarantee that the use of the website will be uninterrupted or error-free. The Seller disclaims all liability for losses or damages resulting from the use of the website or products, except as provided by law.
ARTICLE 36 – Indemnification
The Client agrees to indemnify and hold harmless the Seller from any claims, losses, or damages arising from the violation of these TCSU or any unlawful use of the website.
ARTICLE 37 – User-Generated Content
The Client may post contributions or reviews on the website, provided that these contributions are not offensive, defamatory, or unlawful. The Seller reserves the right to remove any non-compliant content.
ARTICLE 38 – Guidelines for Reviews
Client reviews must reflect an honest and authentic experience with the products or services offered. The Seller reserves the right to moderate or remove reviews that do not comply with these guidelines.
ARTICLE 39 – Submissions
The Client may submit suggestions or ideas for improving the website. The Seller is free to use these submissions without having to compensate the Client.
ARTICLE 40 – Return and Refund Policy
In accordance with applicable consumer protection laws, the Client has the right to return a product within 14 days of receiving it, provided it is in its original condition and packaging. Refunds will be processed within 14 days of the returned product being received by the Seller. Shipping fees for returns are the responsibility of the Client, except in cases where the product was defective or incorrect.
ARTICLE 41 – Governing Jurisdiction
Any dispute arising from these TCSU or from the use of the website shall be governed by Portuguese law. The competent courts of the district of Faro, Portugal, shall have exclusive jurisdiction over any legal proceedings.
ARTICLE 42 – Acceptance of Quote for Timber Frame Construction and Other Projects
For any timber frame construction or any other type of building project, the Client is required to sign a quote with the mention “good for agreement” (“bon pour accord”) before the project can begin. This signed quote serves as a binding contract between the Client and the Seller for the execution of the construction.
ARTICLE 43 – Plan Creation and Permit Filing
The Seller offers the service of creating architectural plans for Clients. Additionally, the Seller can manage the filing of construction permits on behalf of the Client. This service is optional and is subject to a separate agreement between the Client and the Seller.
ARTICLE 44 – Construction Process and Deadlines
The Seller agrees to carry out the construction projects according to the timelines and specifications agreed upon in the signed contract. However, the Seller reserves the right to adjust deadlines in cases of force majeure or unforeseen circumstances (e.g., weather delays, material shortages). Any delay will be communicated promptly to the Client.
