Terms and Conditions
Article 1 – Definitions
Article 2 – Identity of antique goods
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise by the consumer of the right of withdrawal and the corresponding costs
Article 9 – Obligations of the old goods in case of withdrawal
Article 10 – Exclusion from the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantees
Article 13 – Delivery and implementation
Article 14 – Rental
Article 15 – Payment
Article 16 – Complaints and transport damage
Article 17 – Disputes
Article 18 – Additional or different provisions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Additional Agreement: an agreement whereby the consumer purchases goods, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are provided by Orantiques or by a third party on the basis of an agreement between that third party and Orantiques;
- Cooling-off period: the period during which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data which is produced and delivered in digital format;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
- Sustainable data carrier: any tool – including email – which enables a consumer or business to store information addressed personally to them in a form which future reference or use for a period adapted to the purpose of the information and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
- Distance agreement: an agreement concluded between Orantiques and the consumer under an organised distance sales scheme for products, digital content and/or services where, until the conclusion of the agreement, the exclusive or joint use is made of one or more means of distance communication
- Model cancellation form: the European model cancellation form included in Annex I to these terms and conditions. Annex I need not be provided if the consumer has no right of withdrawal in respect of his order;
- Technology for distance communication: A form which can be used to conclude an agreement without the consumer and the trader having to be in the same room at the same time.
- Business customer: A natural person acting for purposes relating to his trade, business, craft or profession;
Article 2 – Identity of the entrepreneur
Office Address: Calçada de São Vicente, 85 – 1100-572 Lisbon
Available by appointment: email@example.com
Article 3 – Applicability
1. These general terms and conditions apply to all offers from the entrepreneur and to any distance contract between the entrepreneur and the consumer.
2. Where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of a conflict of conditions, the consumer may always resort to the applicable provision which is most favourable to him.
Article 4 – The offer
1. Most products sold at Orantiques are used, which means that they are used, but are still in good condition, unless otherwise indicated.
2. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
3. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper evaluation of the offer. Obvious errors or errors in the offer are not binding for the entrepreneur.
4. If the entrepreneur uses images, these are a true representation of similar products and/or services offered, but with possibly deviant user traits.
5. Each offer contains information that makes clear to the consumer what rights and obligations are inherent to accepting the offer.
6. The online store is as up-to-date as possible, but a snapshot: it is also a physical store, so it will be inevitable that goods are sometimes sold while they are still on the site. The total value of the purchase will be returned by Orantiques.
7. The goods are for sale, but can also be rented or lent. (see rental page with rental contract). As a result, the products may not be available immediately. The consumer will then be informed as soon as possible and will try to arrange a new delivery date.
Article 5 – The agreement
1. Without prejudice to paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader shall immediately acknowledge receipt of acceptance of the offer electronically. Provided that receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw from the contract.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to ensure the electronic transfer of data and guarantee a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
4. Within the legal framework, the entrepreneur can – inform himself whether the consumer can fulfil his payment obligations as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons for not concluding the agreement, he has the right to refuse an order or request, with the reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur shall send the following information in writing or in such a way that it can be stored by the consumer in a durable medium:
5.1 the visiting address of the entrepreneur’s business establishment where the consumer can address complaints;
5.2 the conditions and the way in which the consumer can make use of the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
5.3 information on guarantees and existing service after the purchase;
5.4 the price, including all taxes on the product, service or digital content;
5.5 to the extent applicable, the costs of delivery; and the form of payment, delivery or implementation of the distance contract;
5.6 the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
5.7 if the consumer has a right of withdrawal, the standard withdrawal form.
5.8 In the case of an extended transaction, the provisions of the preceding paragraph apply only to the first delivery.
Article 6 – Right of withdrawal
For products: 1. The consumer can rescind an agreement about the purchase of a product during a period of reflection of up to 14 days without indicating the reasons. The entrepreneur can ask the consumer the reason for the withdrawal, but does not oblige him to indicate the reason(s).
2. The cooling off period referred to in paragraph 1 begins on the day following receipt of the product by the consumer, or by a third party designated in advance by the consumer, other than the carrier, or:
2.1 if the consumer has ordered several products in the same order: the day the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse to order several products with different delivery times.
2.2 if the delivery of a product consists of several shipments or pieces: the day the consumer, or a third party designated by him, received the last shipment or piece;
2.3 in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
Article 7 – Obligations of the consumer during the period of reflection
1. During the period of reflection, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only responsible for the depreciation of the product that results from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not responsible for the devaluation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
1. If the consumer makes use of his right of withdrawal, he must communicate it within the reflection period and present the purchase receipt.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer returns the product or delivers it to (an authorized representative) of the entrepreneur. This is not necessary if the entrepreneur himself offers to collect the product. In any case, the consumer has met the return deadline if he returns the product before the expiration of the cooling off period.
3. The consumer returns the product with all accessories supplied, if reasonably possible in their original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal falls on the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer should bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer will not have to bear the costs of return.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved automatically.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes it possible for the consumer to give up notification by electronic means, he will immediately send confirmation of receipt upon receipt of this notification.
2. The entrepreneur will reimburse all payments made by the consumer, excluding any shipping costs, without delay but within 14 days from the date the consumer notifies him of the withdrawal. Unless the entrepreneur himself offers to collect the product, he may wait to pay until he receives the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3. The entrepreneur uses the same method of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free to the consumer.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Service contracts, after full performance of the service, but only if:
2. performance has begun with the express prior consent of the consumer; and the consumer has stated that he will lose the right of withdrawal once the entrepreneur has fully performed the contract;
3. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance other than for residential purposes, transport of goods, car rental services and catering;
3.1 products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured by choice or individual decision of the consumer, or which are clearly intended for a specific person;
3.2 Products which by their nature are irrevocably mixed with other products after delivery;
3.3 Audio, video recordings and computer software sealed, whose seal was broken after delivery;
Article 11 – The price
1. During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.
2. The prices indicated in the product offer include 23% VAT, unless otherwise indicated (some items fall under the margin regime for second-hand goods). Prices are in euros and per piece, unless otherwise indicated.
Article 12 – Fulfilment of contract and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications contained in the offer, the reasonable requirements of reliability and/or usability, taking into account the nature of the goods, being ‘used and used’ and the legal provisions and/or government regulations in place on the date of conclusion of the contract.
2. An extra warranty provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can make against the entrepreneur based on the agreement if the entrepreneur does not fulfil his part of the agreement.
3. The warranty cannot be claimed if the defect is caused by:
3.1 if changes have been made to the article by you or a third party,
3.2 due to defects that have arisen due to improper use or any other use for which the article is intended,
3.3 damage due to intent or gross negligence,
3.4 in the case of an external calamity, such as lightning strike, lightning induction, etc,
3.5 overheating due to the use of an incandescent lamp or halogen lamp of excessively high wattage,
3.6 exposure to humidity, extreme heat or extreme sunlight or cold,
3.7 indirect costs, caused by the failure of the defective item or by having to remove and reinstall it by you or a third party, cannot be refunded.
Article 13 – Delivery and Implementation
1. The entrepreneur will take the greatest possible care in receiving and executing product orders and in evaluating service requests.
2. The place of delivery is the address that the consumer gives to the entrepreneur.
3. With due observance of Article 4 of these general terms and conditions, the entrepreneur shall execute the accepted orders with due dispatch, but not exceeding 30 days, unless another delivery time has been agreed. If delivery is delayed or if the order cannot be executed or only partially executed, the consumer will be notified within 30 days after the order has been placed. In this case, the consumer has the right to withdraw from the contract free of charge.
4. After termination in accordance with the preceding paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. If the delivery / transport is agreed, Orantiques will make the delivery only at the door or first floor of the specified address.
6. The risk of damage to the delivery address is of the buyer
7. The risk of damage and/or loss of the products is the entrepreneur’s until the moment of delivery at the door or a pre-assigned representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Payment
1. Unless otherwise stated in the contract or additional conditions, the amounts due from the consumer must be paid before delivery. In the case of a service contract, this period shall begin on the day following confirmation of the contract by the consumer.
2. The consumer has the duty to report, without delay, inaccuracies in the payment details provided or declared to the entrepreneur.
3. If the consumer does not fulfil his (her) payment obligation (s) on time, after having been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfil his (her) payment obligations, after the failure to pay within this 14-day period, legal interest shall be charged on the amount due and the entrepreneur shall be entitled to collect the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on the amounts due up to 2,500 euros; 10% on the next 2,500 euros and 5% on the next 5,000 euros with a minimum of 40 euros. The entrepreneur may deviate from the amounts and percentages indicated in favor of the consumer.
4. The non-payment or late payment of invoices gives Orantiques the right to suspend the subsequent execution of the contract and/or to demand a guarantee before the subsequent execution of the contract. In case you are in a state of suspension of payment or bankruptcy, Orantiques has the right to terminate the contract in whole or in part without notice of default or legal proceedings.
Article 15 – Complaint Procedure
1. The entrepreneur has a widely publicised complaint procedure and handles the complaint according to this complaint procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints forwarded to the entrepreneur will be answered within 14 days from the date of receipt. If the complaint requires a longer predictable processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication when the consumer can expect a more detailed response.
4. The consumer should in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises which is subject to the dispute resolution procedure.
Article 16 – Disputes
Only Portuguese law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 17 – Additional or divergent provisions
Additional provisions or provisions that deviate from these general terms and conditions may not harm the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in a durable data medium.