Terms and Conditions:
The subject of the following terms and conditions of sale is to present and define all the information on orders, sales, payment and delivery of any purchase made at the Tinta nos Nervos website, necessary to the User.
These terms and conditions regulate all the necessary steps to order any item and act as a guarantee of the transaction between both parties and are transmited to the User through the Tinta nos Nervos website or through a direct email from Tinta nos Nervos, if required by the User.
Depending on the type of order, the present terms and conditions will not be applicable if the User is not a final consumer, as defined in paragraph c) of article 3 of the Decreto-Lei no. 24/2014, of February 14th.
The User completes the purchase by concluding the ordering process designed as “checkout,” after adding the desired products from either the online bookstore or the online gallery.
The User must select the items from the online store and add them to the basket to complete the purchase.
The final confirmation of the purchase by the User corresponds to the full and complete acceptance, either of the prices and descriptions of the available items in the site or, in the case of the Cartola subscription programme, of the prices and number of items to be selected by Tinta nos Nervos, along with the acceptance of the present terms and conditions, which are the sole applicable ones to the contract as it is executed.
The User is responsible for the accuracy of the information included in the invoice. Invoices cannot be reissued with changes.
Delivery charges are calculated at the completion of the purchase and may vary according to address of delivery, including country.
The applied prices are those shown on the website.
All prices are gross prices (including Portuguese VAT tax) and in €/Euros. Any additional costs, such as delivery charges, are mentioned separately in the appropriate particular place on the website.
We accept credit and debit cards.
We accept the following credit cards:
“CARTOLA” SUBSCRIPTION PROGRAMME
The applicable prices to any purchase done within the “Cartola” subscription programme correspond to the final global price. All prices are gross prices (including Portuguese VAT tax) and in €/Euros.
Delivery charges are included in the final subscription programme prices.
The items sold through this subscription are selected by Tinta nos Nervos, from its curated inventory, in accordance with its criteria and the subscriber’s self-filled profile sheet.
Any purchase contract executed through the website can be terminated freely between both parties in accordance to article 10 of the Decreto-Lei no. 24/2014 of February 14th. In order to do so, the User should return his purchase within 14 days after the physical reception of the items.
Within the framework of the “Cartola” subscription programme, and for deliveries of multiple parcels, the 14 days timeframe referred above starts with the physical delivery of the first parcel, in accordance to article 10, no. 1, al. B), iii), of the Decreto-Lei no. 24/2014, of February 14th, in its present version.
Effects of the termination
In the event of termination of the present contract, all payments will be returned, including the original delivery charges (except for supplementary costs resulting from the client’s choice for a delivery option that is different from the cheapest normal rate used by Tinta nos Nervos). Reimbursements won’t be delayed without motive, and, in any case, will take place within 14 days after the termination by the client. Reimburses will use the same method of payment, unless otherwise agreed upon with the User; in any case, no additional costs will be asked from the User as a consequence of such reimbursement.
Tinta nos Nervos can withold reimbursement until all items are returned, or until it receives the proof of their return, depending on what happens first.
The User can return items or have them delivered to Tinta nos Nervos, Lda. Rua da Esperança, no. 39, 1200-655 Lisboa, without unjustified delay and, in any case, within 14 days after the communication of the resolution. If items are sent within 14 days after purchase, we consider them within the established term.
The User must pay for return shipping.
The User is responsible for any deterioration of the items that goes beyond the required handling for the checking of the nature, characteristics and function of the said items.
The user can also fill out and submit via internet the model form for the termination of the contract or any other unequivocal declaration of termination through the website https://tintanosnervos.com.
By using this option, the User will immediately receive, in an archivable format (e.g., email message), an acknowledgment of receipt.
This form is also available for printing, here: https://tintanosnervos.com/formulario-de-resolucao
Tinta nos Nervos will not accept any pay on delivery return. It is the User’s responsibility to pay for item’s returns.
Returned items must be returned in the exact same conditions they were sold, that is to say, as they were delivered to the User, without damages or anomalies.
The User cannot terminate the contract, in accordance to article 10 of the Decreto-Lei no. 24/2014 of February 14th in the cases predicted by paragraphs c) and l) of article 17 of the Decreto-Lei no. 24/2014, of February 14th, namely in the cases of items manifestly personalized (e.g., signed books).
In the case of litigation, the User can appeal to the following entity for alternative resolution related to consumer litigation:
CACCL - www.centroarbitragemlisboa.pt;
For more information:
Portal do Consumidor
Plataforma Europeia de Resolução de Litígios em Linha (RLL).
Tinta nos Nervos is not responsible for any inconvenience or damages caused to the User by the use of webservices, including disconnection, third-party intrusion, or any damages caused by electronic viruses or acts of nature.
The whole of the content of this site belongs to Tinta nos Nervos. No content can be copied or reproduced, without permission, except in the conditions strictly necessary to its online reading.
All texts, images, illustrations, pictures, brand logos or other website elements are copyrighted.
If the User has a site and wishes to create a direct link to Tinta nos Nervos’ website (https://tintanosnervos.com/), this must be done only after express request. If granted, the authorisation does not entail any sort of affiliation to Tinta nos Nervos.
APPLICABLE LAW AND JURISDICTION
The applicable law to any contract executed through the Tinta nos Nervos’ website is the Portuguese Law.
In the case of litigation emerging from the interpretation, application or termination of any contract executed within the present Terms and Conditions, or any actions pertaining to the completion, modification or partial or total cancellation, or any other actions pertaining to the present Terms and Conditions, the parties mutually agree, in order to protect their interests, to appeal to the Tribunal Cível da Comarca de Lisboa (Civil Court of Lisbon), expressly renouncing any other court, that might have jurisdiction for territorial or competence reasons. Alternatively, the parties can agree to appeal to the entities for resolutions related to consumer litigation, above referred.
Tinta nos Nervos website, URL https://tintanosnervos.com/, is the property of TINTA NOS NERVOS, LDA., a private company limited by shares, with head-office at Rua da Esperança, 39, 1200-655 Lisbon, freguesia of Estrela, in the city of Lisbon, with the registration number at the Lisbon Commercial Registry Office 515 351 725, with a share capital of € 25.000,00 (twenty five thousand Euros).
All rights reserved at the Tinta nos Nervos website, and no content can be reproduced without express authorization.
Prices and other information on items can be changed at any time without previous notice.
PRIVACY AND PERSONAL DATA PROTECTION
The Tinta nos Nervos website guarantees the confidentiality of all data supplied by its customers.
RESPONSIBLE PARTY FOR PROCESSING AND TREATMENT OF PERSONAL DATA
Tinta nos Nervos, Lda. is the responsible party for the processing and the treatment of the User’s personal data, in accordance with the General Rulings on Data protection and to Lei 58/2019 of August the 8th. Tinta nos Nervos makes the decisions, within the sole context of Client Services and Management, which personal data to process, how to process them and to what end.
CONDITIONS FOR PERSONAL DATA PROCESSING
The Users’ personal data is only retrieved and processed by Tinta nos Nervos with the User’s express consent.
All processed personal data will be:
Used within the legal limits, in a loyal and transparent manner in relation to the User;
Processed vis-a-vis specific, explicit and legitimate ends, and will not be re-used on a later data in any manner incompatible with said ends;
Adequate, pertinent and to the point in relation to the ends towards which they are processed;
Precise and up-to-date whenever necessary, in accordance to their ends, and all measures will be adopted to excise all incorrect data or to correct them immediately;
Archived in such a manner that will allow for the identification of the User solely during the necessary timeframe of the end towards which the data has been retrieved and processed;
Processed in such a way that guarantees their protection, including against any unauthorized or illegal usage, as well as to prevent their loss, destruction of accidental damaging, through the adoption of both technical and organizational adequate measures.
Processing by Tinta nos Nervos is legal when at least one of the following situations takes place:
The Userhas given express consent for the processing of the User’s personal data for one or more specific ends;
The processing is necessary for the execution of an agreement in which the User is one of the agreed parties, of for any pre-agreement diligences demanded by the User;
The processing is necessary for the completion of a legal obligation to which Tinta nos Nervos is subject to;
The processing is necessary for the defence of the User’s vital interests or other singular person;
The processing is necessary towards the legitimate interests pursued by Tinta nos Nervos, or third parties (with the exception of the prevalence of the fundamental right and freedoms of the User, which demand personal data protection).
It is Tinta nos Nervos commitment to assure the protection of all personal data of the User, as well as processing it solely within the conditions mentioned above, in accordance with all expressed principles and rulings.
When the processing of the User’s personal data is done by Tinta nos Nervos, with the expressed consent of the User, the User has the right to annul his consent at any moment.
The timeframe during which the personal data is archived varies according to the end towards which the data is used.
There are legal requirements that demand the archiving of data for a minimal period. Therefore, and if there is no specific legal demand on the contrary, all data will be processed and archived solely during the time necessary to the completion of the specific end towards which they were retrieved, or its consequent processing, period after which they will be wholly eliminated.
DATA RETRIEVAL CHANNELS
Tinta nos Nervos retrieves all data through a direct procedure, either in face-to-face contact with the user at the store/gallery or through its website.
USAGE AND ENDS OF USER’S PERSONAL DATA PROCESSING
In general terms, Tinta nos Nervos uses the User’s personal data towards the following ends:
When it agrees in a sale of items and products from its website, it retrieves personal data (i.e., name and address) through the purchase form, solely towards this end: sale, selection and transportation of items and products ordered by the User.
CHANGES TO PRIVAVY POLICY
Cookies are small pieces of data stored on the User’s computer or mobile device, in order to remember information necessary to the correct availability/retrievability of the site’s components, namely the access to the reserved sections.
TheUser can block or limit the cookies’ tracking by adjusting the User’s browser settings. For more information on cookies and how to manage them, see http://www.allaboutcookies.org.
THIRD PARTY CONTENT
Some products sold on this site may contain third party content (such as book covers and pages, images, video clips, quotes from articles, and so on).
We have a complaint book at the store-gallery, or you may use the online version here:
TINTA NOS NERVOS, LDA.
Rua da Esperança, 39, 1200-655 Lisboa