Selling Conditions

SELLING CONDITIONS

Product transactions carried out through the marketplace are subject to the Portuguese law and are regulated by the following conditions:

Buying and Selling

The Products are presented on the Website with a description that allows the Buyer to know the respective essential characteristics and their price;
The Buyer selects the Product(s) intended to purchase;
The Buyer confirms the choice of Product(s) and acknowledges and accepts the present CGVs with a validation click;
The Buyer receives an email message confirming acceptance of the order. However, the purchase and sale agreement entered into between the Buyer and the Seller is subject to the resolutive condition of the availability of the Product.
The Seller is informed by Sustainable Makers that one or more Products placed online has been the subject of an order;
Sustainable Makers makes every effort to ensure that all the information on the Website is correct. However, and considering that this information is provided to us by the various Vendors, errors may occur. Thus, whenever there is an error in the price or description of a product that has been the subject of an order, Sustainable Makers will contact the Buyer as soon as possible, in order to cancel the order and refund the amount which may have been paid in the meantime by the buyer. Alternatively and if possible, the Buyer may also, after duly informed of the correct purchase conditions, choose to confirm the order placed.
If the same Product is the subject of an order by several Buyers at the same time, and depending on the availability of this Product, it will be sold to the first Buyer who registers and pays for the order. The order submitted by the remaining Buyers will be canceled;
Once the order has been validated or confirmed by the Seller, a communication is sent to the Buyer (e-mail, SMS or other) to inform about the shipment or cancellation of the order;
In the event of full or partial confirmation of the order by the Seller, the resolutive condition that forms part of the purchase and sale contract between the Buyer and the Seller does not exist, thus assuming the Seller the definitive commitment to send the order within the anticipated period. At that time, the value of the order will be debited, except in cases where the payment was made previously (namely through Multibanco, Payshop, MB Way or other).
In the absence of confirmation of the availability of the Product(s) within the period provided for in point 6) above, the contract concluded between the Buyer and the Seller is automatically terminated and each Party is released from its obligations. However, only the contract for the sale of the unavailable Product(s) is covered by this resolution.
In case of confirmation of the availability of all or part of the Products ordered by the Buyer, said Products are shipped by the Seller.
The Buyer must confirm:

Reception of the product(s),
Conformity of the same (product conformity is understood to correspond to what was ordered)
Product status (corresponding to the description on the website at the time of purchase) in "My Account". In the absence of confirmation, the Product is presumed to have been received in good condition within 21 (twenty one) days from the date of the respective shipment. This Clause is without prejudice to the provisions of Decreto-Lei n.º 67/2003, of 08.04 with the changes introduced by Decreto-Lei n.º 84/2008, of 21.05.

The Seller is bound to satisfy at least 97% (ninety-seven percent) of orders for the Products proposed for sale on the Website. Otherwise, Sustainable Makers reserves the right to temporarily or permanently interrupt access to the Service by the Seller in question, suspending or resolving these conditions without prior notice and without compensation.
The Buyer is invited to assess the Seller's performance upon confirmation of receipt of the ordered Products, thus allowing Buyers to select Products from Sellers that best fulfill the conditions for using the Service.

Price and Payment

The purchase price of the Product is determined by the Seller. The price is indicated in euros (€) with all taxes and fees included in the description, but excluding delivery costs, which are added before the order is validated.
Payment for purchases made through the Service is made to the online payment platform hired for this purpose by Sustainable Makers, whose terms and conditions that apply to this contract and to which the Seller adheres without reservation will be communicated to the Seller, which is responsible for delivering the said amount to Sustainable Makers and the respective Seller under the agreed conditions.

Shipping Methods and Expenses

Sustainable Makers will make available to the Buyer several delivery methods, to be defined according to the Products.
The method, terms and shipping costs will be chosen by the Buyer at the time of purchase.
The General Conditions for the Provision of Distribution Services contracted by Sustainable Makers for the purposes of shipping will be available at all times on the website www.sustainablemakers.com.

Transportation Insurance

Sustainable Makers has a transportation insurance to cover any damages resulting from the transport of Products transacted through the Website.
Compensation and "Extra Insurance"

Whenever there is a delay in the delivery of an order/goods weighing 30 (thirty) kilograms or less, compensation is due corresponding to the price of the respective transportation, with no payment of any compensation resulting from delay in delivery, if the order/goods weigh more than 30 (thirty) kilograms.
The weight of the order/goods is calculated according to the information contained in the invoice corresponding to the respective transportation.

In case of loss or damage to the order/goods, compensation is due, under the terms of the current legislation, in the amount corresponding to the lowest of the following values:

Value of the purchase confirmed by the presentation of the respective invoice;
€ 10.00 (ten euros) per kilogram of gross weight of the order/goods measured according to the information contained in the invoice corresponding to the respective transportation.

Whenever it is understood that the indemnity provided for in paragraph 2 above is not adequate to cover the risk arising from the shipment to be carried out, alternatively, an insurance, called "extra insurance", may be contracted, which will cover loss, damage or damage arising of transportation up to a maximum amount of € 12,500 (twelve thousand and five hundred euros).
The indemnity resulting from loss, damage or damage resulting from transportation, under the terms of paragraph 3 above, will be due upon presentation of the invoice for the order/goods in question and will correspond to the lower of the following values:

Purchase value of the order/goods.
Value of "Extra Insurance" arranged.

The “Extra Insurance" can be added to each of the services provided by the Carrier below, whose characteristics can be consulted at www.cttexpresso.pt:

"For Tomorrow";
"In 2 Days";
EMS Internacional.

"Fragile Service"

For deliveries in Mainland Portugal of objects that require manual and personalized treatment, the additional service "Fragile" is available.
The additional service "Fragile" is only available within the scope of the "For Tomorrow" service, whose characteristics can be consulted at www.cttexpresso.pt.
The Seller is obliged to indicate the contracting of the additional service "Fragile" by affixing it to the transportation bill and the notice of shipment of each object, with an identifying symbol to be agreed between the Parties. The Seller will be the only and exclusive responsible for any damages resulting from the non-identification of the "Fragile" service in the transportation bill and in the notice of shipment of each object.
The occurrence of damage resulting from shipping with an additional service "Fragile" will give rise to the payment of compensation in the amount of the order/damaged goods, upon presentation of the respective invoice. In any case, the compensation due will not exceed the amount of € 2,500 (two thousand and five hundred euros).
To obtain coverage for loss, damage and damage of an amount greater than € 2,500 (two thousand and five hundred euros) that may occur due to the transportation to be carried out, the "Fragile" service may be combined with the "Extra Insurance" service additionally, best described in the previous clause.

Right of Free Withdrawal

Under the terms of the current legislation, the Buyer has a period of 14 (fourteen) days from the receipt of the ordered Product(s) to exercise, with said Seller, its right of free withdrawal without payment compensation and without the need to state the reason.
In case of exercising the right of free withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs are refunded. Return expenses are borne by the Buyer.
The Product(s) must be returned in its original condition and complete (packaging, accessories, instruction manual, etc.), packaged in the same way as in the shipping. The Product(s) must be returned within thirty (30) days after they are received.
Under the applicable legal terms, the right of free withdrawal cannot be exercised in relation to audio and video recordings, discs and computer programs from which the Buyer has removed the guarantee and inviolability seal.
The Buyer exercises its right of free withdrawal directly with the Seller in question through the message tool placed at its disposal within the scope of the Service.
The refund of returned products is made by the Seller to the Buyer in the shortest possible time and within 14 (fourteen) days from the date of exercising the right of free withdrawal.

Obligations of the Seller

The Seller undertakes to comply with the legislation to which they are subject as a professional in relation to the Products they sell on the Website, including the legislation regarding the guarantee of consumer goods.
The Seller undertakes to use all efforts to best fulfill its obligations by providing a quality service to the Buyers. In particular, the Seller agrees to respond to Sustainable Makers Customer Service e-mail messages as well as Buyers' e-mail messages within a maximum of 24 business hours of receipt.
The Seller guarantees that all eventual contacts that they may have with the Buyers will be made through the Customer Service of Sustainable Makers, being forbidden to use any personal data of the Buyer obtained through the marketplace, under penalty of immediate suspension or termination of the Agreement, without prior notice or compensation.
The Seller undertakes and guarantees that it will only sell Products that it owns or over which it has rights that allow it to sell them. The Seller warrants that the Products do not violate either the legislation in force or the applicable rules, whether mandatory or not, and that they do not prejudice the rights of third parties, including intellectual, industrial and/or copyright. Accordingly, the Seller undertakes in particular not to sell any Product that constitutes a counterfeit work under the terms of the Code of Copyright and Related Rights or any Product whose commercialization is regulated by laws, regulations or contractual provisions (namely due to the existence of a selective distribution network). The Seller is solely responsible for placing the Products offered on the Service for sale.
Regarding the description associated with the Product offers sent to Sustainable Makers for inclusion in the Marketplace, the Seller undertakes to act in good faith. The Seller is solely responsible for the accuracy of the information provided to Sustainable Makers and undertakes that it does not create a risk of misleading potential Buyers, both with regard to the characteristics of the Product and with regard to its condition or price. The Seller communicates to Sustainable Makers all the information that allows Buyers to become aware of the essential characteristics of the Product (if applicable, composition of the Product, included accessories, origin, etc.), including special terms defined by law (eg. alcoholic drinks, toys, etc.).
Even in cases where information about the product is already on the Website, the Seller has an obligation to verify the accuracy of that information and to request its correction in case of non-conformity or inaccuracy; the Seller will be responsible for any additional costs incurred by Sustainable Makers, namely with regard to transportation services, due to the inaccuracy of the information on the Website regarding the submitted offer.
The Seller guarantees that the illustrations provided, associated with the offers of Products proposed by them (photographs, drawings, etc.) are in accordance with the Products illustrated in this way and respect the rights of third parties. The Seller guarantees that they have the rights, namely intellectual property rights with respect to these illustrations, which allow them to use the illustrations to demonstrate the Products.
The purchase and sale contracts for the Products proposed by the Seller on the Website are celebrated between the Seller and the Buyer under the resolutive condition that the Product is available. The Seller guarantees to place on the Website only available Products and to immediately eliminate any proposal relating to Products that are no longer available.
Products sold on the Website are covered by a guarantee of conformity, ensured by the Seller, under the terms of the legislation applicable to the category of goods in which they fall.
Expenses arising from the return of any Product under the aforementioned warranty will always be borne entirely by the Seller, including in cases where the Seller, under internal policies, offers additional warranties not covered by this Agreement.

Competence to Settle Consumer Disputes

In the event of a consumer dispute, defined under the terms of Law No. 144/2015, of 8 September, the consumer may resort to the competent alternative consumer dispute resolution entity.
Without prejudice to the provisions of legislation, statutes and regulations to which alternative consumer dispute resolution entities are linked, consumers can choose the European online dispute resolution platform available at https://webgate.ec. europa.eu/odr, by the alternative dispute resolution entity in your place of residence or by the alternative resolution entity with specialized competence, if any for the sector in question. You can consult the updated list of all alternative consumer resolution entities available at www.consumidor.pt.
If there is no alternative dispute resolution entity(ies) under the terms of the previous number, or the existing one(s) is not considered competent due to the value of the dispute, the consumer can use the National Center for Information and Arbitration of Consumer Conflicts, located in Lisbon, with the electronic address: cniacc@unl.pt and available on the page https://www.cniacc.pt/pt.