Additional Agreement: An agreement under which the consumer receives products related to a distance purchase contract, with these products being supplied by the Company or a third party pursuant to an agreement between the third party and the Company.
Agreement: The agreement at distance concluded between the Company and the Customer for the purchase of Good(s) via the Webshop. The Agreement shall be governed by these Terms and Conditions B2C.
Business Day: Every day, except Saturday, Sunday and national holidays in Portugal.
Company: OGIVA NUTRITIVA - LDA under the commercial name of Frizbee Ceramics.
Completion: The making available of the agreed Good(s) and/or work, ready for use as agreed.
Customer: Every natural person who purchases or will potentially purchase Good(s) via the Webshop.
Customer Details: Refers to any information related to the entity purchasing Good(s), including but not limited to company name, registration number, VAT number, billing and shipping addresses, contact persons, phone numbers, email address, and any other relevant data necessary for order processing, invoicing, and contractual obligations.
Day: A calendar day.
Delivery: Refers to the transfer of Good(s) from the Company to the Customer by the agreed method, time, and location as specified in the contract or order confirmation.
Distance Selling Method: Refers to the process of selling Good(s) remotely, where the contract is concluded without face-to-face interaction, using online platforms, telephone, email, or other remote communication channels.
Force Majeure: Includes, but is not limited to natural disasters; governmental actions; supply chain disruptions; strikes; pandemics or any other unforeseen event beyond the Company’s reasonable control that prevents the fulfillment of contractual obligations.
Good(s): All items available for order or purchase on the Webshop.
Intellectual Property Right(s): All trademarks, software (source codes), copyright, copyrighted programs, patents and all neighboring and database rights and moral rights, registered designs, registered and unregistered design rights or any rights or property similar to the foregoing in any part of the world whether registered or unregistered together with the right to apply for the registration of such rights in any part of the world and the rights to current applications for registration of any such intellectual property, as well as every trade-secrets, all know-how, manufacturing and production processes and techniques, research and development information, drawings, specifications, plans, proposals, technical data, and plans and copies and tangible embodiments thereof (in whatever form or medium).
Offer: A proposal made by the Company to the Customer outlining the terms under which Good(s) may be provided, including price, quantity, and delivery conditions, which becomes binding upon acceptance.
Order: A formal request made by the Customer to purchase Good(s) from the Company under the agreed terms and conditions.
Packing Costs: The expenses incurred for packaging materials and labor required to prepare Good(s) for safe transportation and delivery to the Customer.
Parties: The entities entering into the Agreement, namely the Company and the Customer, collectively referred to as the “Parties” and individually as a Party.
Personal Data:Any information relating to an identified or identifiable natural person ('data subject') which is processed by or on behalf of one the Parties for the execution of this Agreement.
Webshop: The webshop on the following website frizbeeceramics.com, or any other platform hosted by the Company.
Name of the company: OGIVA NUTRITIVA - LDA
Commercial name: Frizbee Ceramics
Registered office address: Herdade da Barrosinha CASA 3, 7580-514 Alcácer do Sal
Phone number: +32484570756
E-mail address: box@frizbeeceramics.com
VAT-number: PT517890186
These General terms and conditions of sale in the B2C context (“Terms and Conditions B2C”), define the mutual rights and obligations for any order or purchase of Good(s) by a Customer made via:
(i) the Webshop;
(ii) any other Distance Selling Method, or;
(iii) direct sales at events, in its showroom located in Herdade da Barrosinha CASA 3, 7580-514 Alcácer do Sal, Santa Maria do Castelo e Santiago e Santa Susana, or other sales locations.
The purpose of these Terms and Conditions B2C is to regulate the relationship between the Company and the Customer. These Terms and Conditions B2C apply to all orders placed by a Customer on the Webshop. By placing an order via the Webshop or by any other distance communication method, the Customer agrees to these Terms and Conditions B2C. These Terms and Conditions B2C will be made available to the Customer before the conclusion of the Agreement, in a format that will allow the Customer to save the Terms and Conditions B2C on a durable electronic data carrier.
For any order or purchase of Good(s) by a Customer, please refer to the Terms and Conditions in the B2C context.
- Good(s) are offered for sale on the Webshop or in the Showroom.
- The Agreement is concluded as from the moment the Customer has accepted the offer including the Terms and Conditions B2C.
- The Agreement and the Terms and Conditions B2C will remain in force until all obligations have been executed.
- Any sale on the Webshop is conditional to the acceptance without reservation of such Terms and Conditions B2C.
- The Customer must provide complete Customer Details including an email address, billing information and a valid delivery address. Any communication to the Company shall take place through this email address unless provided for otherwise.
The prices of the Good(s) will be as quoted on the Webshop at the time the Customer submits an order.
All prices listed on the Webshop are expressed in EURO (€) and include VAT as applicable in Portugal.
The prices of the Good(s) are based on the prices of raw materials, labor, commission fees, Good(s) ordered, remunerations or external costs.
The Company makes all reasonable efforts to ensure that all prices shown on the Webshop are correct at the time of publication. However, the Company reserves the right to change prices and to add, alter, or remove special offers at any time as necessary.
Delivery charges are not included in the price of Good(s) displayed on the Webshop and will be presented to the Customer as part of the order process. These are calculated based on volumetric weight and location.
The Company accepts orders from, and delivers to, Customers outside of the EU; however, the Customer is responsible for any customs duties, importation taxes, or any other fees required by their country.
The Company makes all reasonable efforts to ensure that all descriptions and graphical representations of the Good(s) available on the Webshop or in the Showroom and documents correspond to the actual Good(s). Please note, however, the following:
- Images of Good(s) are for illustrative purposes only. There may be slight variations in colour or the pattern between the image of a product and the actual product sold due the handmade nature of the products.
- Due to the handmade nature of the Good(s), slight variations of up to five percent (5%) in size, weight, and capacity may occur between the illustrative photos and the final delivered product. Additionally, some Good(s) may not be perfectly straight, as clay naturally shifts during the drying and firing process. When ordering a batch, slight differences in the color of the clay and glaze may occur depending on the placement of each piece in the kiln. These variations do not affect the functionality of the Good(s).
- The Company cannot guarantee stock availability at all times.
- From time to time, minor adjustments may be made to certain Good(s) between the placement of an Order and its processing and dispatch by the Company. These changes may be necessary to comply with updated laws and regulations or to address technical or security considerations. Such modifications will not alter the fundamental characteristics of the Good(s) or impact their intended use. However, if any change does affect the functionality or usability of the Good(s), the Company will provide appropriate notification.
- The accompanying photos are for decorative purposes and may include elements that are not part of the listed price. Due to the handmade nature of the design, slight variations in placement may occur, as intentional differences are incorporated to ensure each cup is unique. Unless otherwise agreed, these variations are an inherent part of the design process.
Order Submitted:
Upon successful payment, the Customer will receive an order confirmation via email.
The Customer may choose between the following payment methods:
- by PayPal
- by credit card
- through bank transfer
- via Bancontact
- through Stripe or any alternative payment method proposed on the Webstore.
If the Customer selects bank transfer, the Company will begin processing the order only after full payment has been received.
If full payment is not received within five (5) Business Days from the order date, the Company reserves the right to cancel the order automatically.
The Company is entitled to refuse an order pursuant to a breach on the part of the Customer with respect to their orders or in case of suspicion of fraud or for any other valid reason deemed necessary by the company.
Once payment is authorized and processed, the invoice status will be updated to “Paid” and the order will be prepared for shipment.
The Customer may select a preferred delivery method available on the Webshop and the package shall be shipped in accordance with Article 8 - Shipping and Delivery.
The Customer will receive a confirmation with the tracking code via email as soon as the order leaves the premises of the Company.
If the Company is unable to contact the Customer using the customer details provided during the order process, or if no response is received within the timeframe set out above, the Company will treat the order as cancelled and notify the Customer in writing.
Once an order has been placed through Shopify, the billing information cannot be modified.
Pick-up at the Showroom:
Unless agreed otherwise, the delivery of the Good(s) occurs at the Showroom of the Company located at Herdade da Barrosinha CASA 3, 7580-514 Alcácer do Sal, after notification from the Company that the Good(s) are ready for pickup.
Delivery:
The Company aims to deliver the Good(s) within a non-binding period of thirty (30) Days after receipt of the payment in full, unless another delivery date is concluded between the Company and the Customer at the moment of formation of the Agreement. Shipments outside of the EU can take a non-binding period of forty-five (45) Calendar Days as services can vary depending on the location of the Customer.
During peak periods, such as Christmas and holidays, delivery times may be extended up to twice the standard timeframe. The Company cannot be held responsible for these delays. All items are shipped with a tracking service.
In case the Company is not able to deliver the Good(s) within the period set out above, the Company undertakes to inform the Customer thereof in writing.
The Customer has the right to cancel the order if shipping has not occurred within ninety (90) Business Days.
The Company shall deliver the order to the address provided by the Customer to the Company during the purchase process.
In case there is no one available at the address of the Customer at the moment of delivery, the Customer must follow the instructions of the delivery service in charge of the delivery of the order. The Company reserves the right to make partial deliveries of the ordered Good(s), for example in case part of the order is delayed or unavailable.
In case of partial delivery, the Company will notify the Customer via email.
The Customer must check the packaging upon delivery/collection for possible damages. In case the Good(s) are damaged, the Customer must not accept the delivery and must notify the Company immediately and maximum within forty-eight (48) hours. After notification, the Company will provide the Customer with the necessary instructions regarding the damaged Good(s).
Pick-up:
The Customer has the possibility during the ordering process to choose for the pick up at the studio if possible. The Customer can choose this option in the shipping options during checkout. The Customer will need to send an email to the Company so the Parties can set a date & hour for pickup.
The Customer can send this email to box@frizbeeceramics.com .
The Customer must report any visible damage, quality defects, or other issues with the delivered item to the Company within forty-eight (48) hours of arrival.
The risk due to loss or damage is transferred to the Customer at the time the Good(s) have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier receives the commission to transport the Good(s) and this option was not offered by the Company.
The Customer has the right to withdraw from the Agreement within fourteen (14) calendar days without giving any reason.
The withdrawal period expires fourteen (14) calendar days from the day on which the Customer, or a third party other than the carrier designated by the Customer, physically receives the Good(s).
To exercise the right of withdrawal, the Customer must inform the Company of their decision by means of a clear statement (e.g. email).
To: [Company's contact details]
- I/we () hereby notify you () of my/our () withdrawal from the contract concluded by me/us () for the purchase of the following Good(s):
- Ordered on (*):
- Received on (*):
- Name of the consumer(s):
- Address of the consumer(s):
- Order number:
- Signature of consumer(s) (only if notified on paper):
- Date:
- (*) Delete as appropriate.
Return of Goods
The Customer must return the Good(s) to Frizbee Ceramics, Herdade da Barrosinha, 7580-514 Alcácer do Sal, Portugal without undue delay and in any event no later than fourteen (14) calendar days from the day on which they communicated their withdrawal.
The deadline is met if the Customer sends back the Good(s) before the 14-day period has expired.
Return shipping costs are borne by the Customer.
The Customer is only liable for any diminished value of the Good(s) resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Good(s).
Refunds
The Company will reimburse all payments received from the Customer, including standard delivery costs (excluding any additional costs resulting from the Customer choosing a delivery method other than the least expensive standard delivery offered).
Refunds will be processed within fourteen (14) days from the day the Company is informed of the Customer's decision to withdraw.
The Company may withhold reimbursement until the Good(s) have been received back or the Customer has provided proof of return, whichever occurs first.
Refunds will be made using the same payment method as the original transaction, unless expressly agreed otherwise.
Exceptions
The right of withdrawal does not apply to:
- Good(s) made to the Customer's specifications or clearly personalized;
- Any other exceptions provided under applicable EU consumer protection laws.
The Customer as consumer has the right to a legal warranty of 2 years. The legal warranty covers hidden defects or lack of conformity of the Goods that manifests itself within the period of 2 years from the date of delivery of the Goods.
The Customer must inform the Company at box@frizbeeceramics.com of the defective Goods within a maximum period of one month after the hidden defect becomes known or could have reasonably become known to the Customer.
In case a defect occurs within the legal warranty period of 2 years, the Customer must follow the procedure as set out in Article 9.
Upon receiving the returned defective Good(s) and confirming the defect, the Company will either replace or repair the Good(s) at no cost to the Customer, covering all expenses related to the exchange or repair.
The Good(s) can only be replaced and delivered if they are still available or in stock. If repair or replacement is not possible or cannot be completed within a reasonable timeframe, the Customer has the right to terminate the Agreement, and the Company will issue a refund in accordance with Article 9.
The Company’s legal warranty does not apply in the following cases:
- Normal wear and tear of the Good(s);
- Accidents, disasters, or force majeure events;
- Misuse, negligence, or failure to follow usage instructions, including improper use of the Good(s);
- Improper storage or handling of the Good(s);
- Any other legally valid exclusion.
Either Party may terminate the Agreement or suspend its obligations at any time with prior notice if the other Party fails to fulfill an essential contractual obligation, or if there is a justifiable concern for the occurrence of it.
Termination or suspension may also occur if it becomes evident that the other Party will fail to meet its obligations, or if there is a risk of non-fulfillment, even before the obligation is due.
If termination is due to the Customer’s actions or breach, the Company is automatically entitled to a lump-sum compensation of thirty percent (30%) of the cost of the remaining work.
This compensation is without prejudice to any additional damages or interest if the actual loss suffered by the Company exceeds this amount.
The Company is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is due to a situation of Force Majeure. In case of a situation of Force Majeure:
- The Company shall inform the Customer thereof, and;
- The Company’s obligations under the Agreement will be suspended and the time for the performance of the obligations will be extended for the duration of the situation of Force Majeure. Where the situation of Force Majeure affects the delivery of the Good(s), the Company will arrange a new delivery date with the Customer after the situation of Force Majeure is over.
All models, drawings, trademarks, logos, texts, software, scripts, graphics, photos, creations, sounds, music, and any other content available on the Webshop (including graphic illustrations and text) are protected by Intellectual Property Rights, primarily copyright.
The sale or purchase of Good(s) does not transfer any Intellectual Property Rights to the Customer or User.
Reproduction, distribution, copying, or any other use of the Webshop’s content, except for private use by the User, requires prior written authorization from the Company.
Any use for commercial or advertising purposes is strictly prohibited without the Company’s express written consent.
Users are not permitted to systematically extract and/or reuse parts of the Webshop’s content without the express written consent of the Company.
Users may not use data mining tools, robots, or similar data collection or extraction methods to extract and/or reuse substantial parts of the Webshop’s content, including Good(s).
Users are prohibited from creating or publishing databases that contain substantial portions of the Webshop’s content, such as prices or product lists, without the Company’s express written consent.
These Terms and Conditions B2C constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter.
The Customer acknowledges and agrees that electronic communications, including emails and digital records, as well as backups, may be used as valid evidence in any dispute, transaction, or contractual matter.
Without prejudice to any mandatory legal provisions or liability arising from fraud or willful misconduct, the Company’s liability for direct damages shall in all circumstances be limited to the value of the ordered Good(s).
Any liability for indirect damages, including but not limited to reputational harm, loss of opportunity, or consequential damages, is expressly excluded.
If any provision of these B2C Terms and Conditions is found to be invalid, unlawful, or unenforceable, in whole or in part, such invalidity shall not affect the validity or enforceability of the remaining provisions.
The Parties undertake to replace the invalid or unenforceable provision with a legally valid provision that most closely reflects the original economic intent of the ineffective article.
The delivered items remain the exclusive property of the Company until full payment by the Customer. If necessary, the Customer undertakes to inform third parties of the Company's retention of title, e.g. to anyone who would seize articles that have not yet been paid in full.
Until ownership is transferred, the Customer undertakes to preserve the Good(s) in good condition and refrain from selling, pledging, or otherwise encumbering them.
The Company shall process the Customer’s personal data exclusively in accordance with its Privacy Policy, as published on its Webshop. By entering into this Agreement, the Customer acknowledges having read and accepted the Company’s Privacy Policy on the Webshop.
These Terms and Conditions B2C shall be governed by and construed in accordance with the laws of Portugal and EU regulations.
Unless a mandatory provision under Portuguese law states otherwise, each party agrees to submit to the exclusive jurisdiction of the courts of Lisbon, Portugal or as per applicable EU dispute resolution mechanisms. For transactions outside the EU, disputes shall be resolved by arbitration under the ICC Rules, with proceedings conducted in Lisbon.
In the event of any dispute arising from or related to these Terms and Conditions, the Parties shall first attempt to resolve the matter amicably through negotiations. Either Party may request a formal discussion to seek a mutually agreeable solution.
If an amicable resolution is not reached within fourteen (14) days, either Party may propose mediation as a means of dispute resolution. Mediation shall take place online or at a location agreed upon by both Parties, and the Parties shall jointly appoint a neutral, accredited mediator. Each Party shall bear its own costs, while the costs of the mediator shall be shared equally.
If mediation does not result in a resolution within fourteen (14) days, the dispute shall be settled by the competent courts of Setúbal, Portugal, under Portuguese law.
During any dispute resolution process, both parties shall continue to fulfill their contractual obligations to the extent possible, except where performance is directly affected by the dispute.
