General Terms and Conditions - APLOMB LIGHTING
These General Terms and Conditions govern all commercial relations between APLOMB LIGHTING, Lda. (“APLOMB”) and its customers, prevailing over any other documents or conditions of the customer, unless otherwise agreed in writing and signed by both parties. By placing an order, the customer declares that they fully accept these conditions.
1. Product Photographs and Representations
1.1. The images and descriptions presented on the website and in catalogs are for illustrative purposes only.
1.2. Despite APLOMB’s best efforts to ensure accuracy, variations in color, texture, tone, and finish may occur due to the handmade nature of the products and the materials used.
1.3. Such variations do not constitute a manufacturing defect and do not entitle the customer to a refund or compensation.
2. Quotes and Orders
2.1. Orders must be placed in writing by email to: info@aplomb-lighting.com.
2.2. All orders constitute a proposal from the customer to APLOMB and are not binding on the company.
2.3. Acceptance of the order will always be confirmed in writing by email, accompanied by a pro forma invoice with the payment terms.
Quotes provided are for informational purposes only and are not binding, unless expressly stated otherwise.
2.5. Orders with custom colors require written approval of the color code provided by the customer before manufacturing begins. The customer is solely responsible for final approval.
3. Products and Materials
3.1. Products not available in stock will be manufactured specifically for the customer.
3.2. The pieces are produced manually in Portugal. Minimal variations between units are natural and reflect the authenticity of the artisanal process.
3.3. Fabrics: Fabrics supplied by the customer are inspected beforehand. If they are not considered suitable, they will be returned and the customer will be informed. APLOMB may suggest compatible alternatives.
3.4. Wood: Natural material subject to variations in color, texture, and grain, which may expand or contract with environmental conditions, causing small cracks. These characteristics are not considered defects.
3.5. Metals: Metallic finishes, including oxidation processes, may vary in tone. The samples provided are merely indicative.
4. Prices
4.1. All prices are per unit, in euros (€), excluding VAT.
4.2. Prices do not include shipping costs, special packaging, or other additional charges, unless expressly stated.
4.3. Quotes are valid for 90 days from the date of issue.
4.4. APLOMB reserves the right to change prices without prior notice, except after formal acceptance of an order.
5. Terms of Payment
5.1. Unless otherwise stipulated, the payment terms are: 50% upon ordering and 50% before shipment.
5.2. Payment must be made exclusively by bank transfer to the account indicated by APLOMB.
5.3. Ownership of the products is only transferred to the customer after full payment.
6. Deliveries
6.1. Average production time: 4 to 6 weeks, which may vary depending on complexity or quantity.
6.2. Delivery times are indicative and not binding. APLOMB is not responsible for delays due to external factors.
6.3. Changes to delivery times will be communicated to the customer.
6.4. During holiday periods or periods of high demand, delivery times may be longer.
6.5. Transportation can be arranged by APLOMB upon request.
6.6. Upon receipt, the customer must check for compliance and any damage within 72 hours, communicating them in writing with photographs.
6.7. Unjustified refusals or delays in accepting delivery may result in additional storage costs, starting on the 10th day after the scheduled date.
7. Warranty
7.1. All products benefit from a 2-year legal warranty against manufacturing defects.
7.2. The handmade nature of the pieces implies variations that do not constitute defects.
7.3. The warranty excludes:
- Misuse, negligence, or unauthorized alterations;
- Damage resulting from moisture, sun exposure, oxidation, salinity, normal wear and tear, or inappropriate environmental conditions;
- Natural variations in materials such as wood, stone, glass, metals, or fabrics.
8. Returns, Cancellations, and Refunds
8.1. Acceptance of returns is subject to prior approval by APLOMB.
8.2. In the event of a proven manufacturing defect, APLOMB undertakes to repair or replace the product at no additional cost.
8.3. The customer is responsible for packaging and shipping authorized returns.
8.4. Changes or cancellations are only possible within 72 hours after order confirmation. After this period, costs already incurred may be charged.
8.5. Customized products cannot be canceled after manufacturing has begun.
9. Intellectual Property and Confidentiality
9.1. All drawings, sketches, models, prototypes, technical documents, and communication materials are the exclusive property of APLOMB, unless otherwise agreed in writing.
9.2. The customer may not reproduce, disclose, or use such materials without prior written authorization.
9.3. All information marked as confidential must be treated as such by both parties.
9.4. All intellectual property rights relating to the website and associated content belong to APLOMB.
10. Data Protection
10.1. Personal data provided by customers will be processed in accordance with applicable legislation on personal data protection (GDPR).
10.2. Customers may exercise their rights of access, rectification, and deletion of data by contacting: info@aplomb-lighting.com.
11. Major Force
11.1. APLOMB shall not be liable for any failure or delay in the performance of its obligations arising from force majeure events, such as natural disasters, strikes, pandemics, supply disruptions, or any other events beyond its reasonable control.
12. Applicable Law and Jurisdiction
12.1. These Terms and Conditions are governed by Portuguese law.
12.2. For the resolution of disputes, the District Court of Porto shall have jurisdiction, with express waiver of any other, without prejudice to the applicable mandatory rules.
13. Final Provisions
13.1. The invalidity of any provision of these Terms and Conditions shall not invalidate the remaining provisions.
13.2. APLOMB reserves the right to change these Terms and Conditions at any time, with the updated version being published on the official website.