Terms and Conditions

Terms and Conditions of Purchase and Use

1. Introduction
This document (together with the documents mentioned herein) establishes the terms and conditions governing the use of this Website (www.americana.pt) and the purchase of items through it (hereinafter referred to as the “Terms”). We recommend that you carefully read the Terms and Conditions, our Cookie Policy and our Privacy Policy before using this Website. Use of this Website and placing any order through it implies acceptance of these Terms and Conditions and our Data Protection Policy. If you do not agree with all of the Terms and Conditions and the Data Protection Policy, do not use this Website. These Terms and Conditions are subject to change without notice. It is your responsibility to consult and read them periodically, as the terms and conditions in force at the time of formalization of the relevant Contract (as defined below) or the terms of use of this Website will be applicable at any given time. If the user has any questions regarding the Terms and Conditions or Data Protection Policies, they can contact our services via email at online@americana.pt or by phone at +351 244 240 130 (call to a national landline). The Contract (as defined below) may be executed, at the user's option, in any of the languages in which the Terms and Conditions for its formalization are available on this Website.

2. Our data
The sale of items through this Website is carried out under the name of Americana – Papelaria SA, a limited commercial company with registered office at Rua Imaculada Conceição, nº129, 2410-338 Leiria, registered at the Registry Office under number 509 959 008, with a share capital of €1,300,000.00 (one million and three hundred thousand euros).

3. Your data and your visits to this website
The personal information or details you provide will be processed in accordance with our Data Protection Policies. By using this Website, you accept the processing of your information and data, and you certify the accuracy and correctness of the information and details provided.

4. Use of our website
By using this Website, and by placing orders through it, the user agrees to:

i. Use this Website only to make legally valid inquiries and orders. Do not place false or fraudulent orders. If we reasonably determine that a fraudulent order has been placed, we are authorized to cancel it and inform the competent authorities.

ii. Email address, postal address and/or any other contact information must be true and accurate. The user accepts that Americana may use this information to contact them if necessary (see our Privacy Policy). If you do not provide all the required information to Americana, you will not be able to place your order. By placing an order on this Website, the user declares that they are of legal age and have the legal capacity to enter into contracts of this nature.

If you do not provide Americanas with all the required information, you will not be able to complete your order.
By placing an order on this Website, the user declares to be of legal age and to have the legal capacity to enter into contracts of this nature.

5. Service availability
The items offered on this Website are only available for delivery in Portugal and Spain.
If you wish, you can order items from another EU Member State, outside of Portugal, through this website; however, the ordered items can only be delivered to Americana stores or to the delivery addresses in Portugal and Spain.

6. Conclusion of the contract
To place an order, the user must follow the online purchase procedure and click on "Authorize Payment," before which they must read and accept these Purchase Conditions. At that moment, they will be entering into a purchase and sale agreement with us (the "Agreement"). After doing so, they will receive an email confirming receipt of their order (the "Order Confirmation"). Subsequently, the User will be informed via a confirmation email of the shipment of their order (the "Shipping Confirmation"). An electronic ticket with the details of their order must be attached to the Shipping Confirmation.

7. Product availability
All orders for items are subject to availability. Therefore, if there are supply difficulties for some items, or if an item is out of stock, Americana will refund the amount paid for the unavailable items within 30 days.
Business and reseller accounts that order out-of-stock items will receive them when they become available.

8. Delivery
Without prejudice to clause 7 above regarding the availability of the items, and barring any extraordinary circumstances, Americana will make every effort to ship the order consisting of the item(s) mentioned in each Order Confirmation before the date indicated in the respective Order Confirmation, or, if no delivery date is specified, within the time period mentioned when selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
Nevertheless, there may be reasons for delays in delivery, such as the customization of items, or the occurrence of unforeseen circumstances.
If we are unable to meet the established delivery date for reasons beyond our control, the user will be informed of this circumstance, offering them the possibility of proceeding with the purchase, selecting a new delivery date, or canceling the order with a full refund of the amount paid, without prejudice to any other rights they may have under applicable law. The user should be aware that Americana does not deliver on Saturdays and Sundays.
For the purposes of these Terms and Conditions, "delivery" is considered to have taken place or the order to have been "delivered" when the user or a third party designated by the user physically takes possession of the items, which will be evidenced by the signature on the Order receipt at the stipulated delivery address.

9. Impossibility of delivery
If we are unable to deliver your order, we will leave a notification explaining where your order is located and how to arrange a new delivery.
In case of non-delivery of the product within the stipulated period, the User may be charged the amounts corresponding to the expenses for storing the products and resulting from new attempts to deliver the order.
If the product is not collected from the store within 15 days of the date on which the customer was informed that the order is available for collection, it will be considered that the customer wishes to terminate the contract and the amount of the order will be refunded (the value of the items referred to in point 14.3 will not be refunded).

10. Transfer of risks and ownership of products
The risks associated with the item will be the user's responsibility from the moment the items are delivered.
The user will own the products from the moment Americanas has received full payment of all amounts due in connection with the item, including delivery costs, or at the time of delivery (as defined in clause 9 above), if this takes place at a later date.

11. Purchase of items as a guest
The guest purchase functionality is also available on our Website. When choosing this type of purchase, you will only be required to provide the essential information to process your order. Upon completing the purchase process, you will be offered the opportunity to register as a user, or to continue as an unregistered user.

12. Value Added Tax (VAT)
Under current legislation, all purchases made through this Website are subject to the applicable Portuguese Value Added Tax (VAT) rate.

13. Price and payment
The price of items will be as stipulated at all times on our Website, except in cases of obvious omission. Although Americana makes every effort to ensure that the prices indicated on our Website are correct, it is possible that occasional errors may occur. If we detect an error in the price of any of our items ordered by the user, we will inform them of this circumstance as soon as possible, offering the user the option of confirming their order at the correct price, or cancelling it. If we are unable to contact the user directly, the order will be considered canceled, and we will refund all amounts paid by the user in relation to the order.
Americana is not obligated to supply any item at the incorrect lower price (even after the Delivery Confirmation has been sent) if it is an obvious and unmistakable error that can reasonably be identified by the user as an incorrect price.
The prices indicated on our Website (www.americana.pt) include VAT for the end customer segment but exclude delivery costs, which will be added to the total order price, as indicated in our Shopping Guide - Delivery Costs. For business segments and resellers, the prices shown are without VAT, and VAT will only be included in the total order price, along with delivery costs.
The prices shown on the Website are exclusive to online purchases and may differ from the prices charged in our physical stores.
Prices are subject to change at any time. However, except as previously mentioned, these changes will not affect orders for which an Order Confirmation has been issued.
Once you have selected all the items you wish to purchase, they will have been added to your shopping cart, and the next step will be order processing and payment. To do this, the user must follow the steps of the purchase process, filling in or verifying the required information at each step. The user may, during the purchase process and before proceeding with payment, modify the order details at any time. Detailed information about the purchase process can be found in the Shopping Guide. If you are a registered user, you can also view a record of all your previous orders in the "My Account" section.
To pay for the ordered items, the user can use MB, MBWAY, Visa and Mastercard cards.
To minimize the risk of unauthorized access, the credit card details used for payment will be encrypted. After receiving the user's request, Americanas will perform a pre-authorization on their card to ensure that they have sufficient funds to complete the transaction.
By clicking "Authorize Payment", the user confirms that the credit card belongs to them.
Credit cards are subject to authorization by the card issuer. If payment is not authorized by the card issuer, Americanas declines any responsibility for any delays or failure to deliver the order, and cannot formalize any contract with the user.

14. Exchange and return policy
14.1 Right of free termination of the contract
When entering into a contract as a consumer, the user has the legally enshrined right to terminate the Contract within 14 days of its conclusion without giving any reason.
The period for free resolution of the Contract expires 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, takes physical possession of the goods or, in the case of multiple goods forming part of a single order but delivered separately, 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, takes physical possession of the last good included in the order.
To exercise the right of withdrawal from the contract, the user must use the website by completing the Returns form or notify Americana by telephone at 244 240 130 (call to the national landline network), or by email sent to online@americana.pt or for business customers: pro@americana.pt and reseller customers: revenda@americana.pt of their decision to withdraw from this Contract, by means of an unequivocal statement (for example, a letter sent by post or email).
To comply with the contract termination deadline, simply send Americanas your communication regarding the exercise of your right to terminate the contract before the termination date to exercise said right of termination.
Effects of the free termination of the contract
In the event of termination of the Contract by the user, Americana will refund all payments made by the user, excluding delivery costs to the original delivery location, without undue delay and, in any case, within a maximum period of 14 days from the date on which Americana receives information about the user's decision to terminate this Contract. The refund will be made using the same payment method used by the user for the initial transaction. However, Americana may suspend the refund until the returned items have been delivered to it.
The user must return or deliver the items with the invoice to any Americanas store or via a delivery service provided by Americanas without undue delay and, in any case, within a maximum period of 14 days from the date of notification of their termination of this Contract. This period is considered fulfilled if the user returns the items before the end of the aforementioned 14-day period.
The user shall bear the costs of returning the items (€5 for public customers and upon request for business and resale customers), except in cases where the user returns the items to any Americanas store.
Please note that, after delivery of the order, if the customer exercises the right to cancel the contract and returns the item through a carrier chosen by them and not by Americana, we cannot assume the risk for the return packaging when it relates to causes not attributable to Americana.
Similarly, the customer is responsible for the contents of the return package when choosing one of the return methods indicated by Americanas. In the event of an error in the contents of the return package not attributable to Americanas, we have the right to charge the customer for the costs associated with the corresponding return, if applicable.
Delivery costs are non-refundable.

14.2 Contractual right to return products
In addition to the legally recognized right of free termination of the contract for consumers mentioned in the clause above, Americana grants the user a period of 14 days, starting from the date of delivery of the items, for their return (except in the cases mentioned in the clause above, which exclude the right to return the products).
The user will be responsible for the costs of returning the items when this is not done through the delivery service provided by us.
The user may exercise their right to return the products as provided in clause 14.1 above for exercising the right of free termination of the contract. In any case, the User must inform Americana of their intention to return the products and proceed with the return of the items within 14 days from the date of delivery thereof.

14.3 Conditions for exercising the contractual right to return products

The user will not have a contractual right to return the products in relation to the following items:
I. Personalized items
II. Custom-made items
III. Items without their original packaging
IV. Sealed products that are not returnable for hygiene reasons, the seal of which has been removed after delivery.
V. Products that are cut to the customer's specifications, such as fabrics and ribbons.

The user's contractual right to return products applies exclusively to products returned in the same condition in which they were delivered. No refund will be given if the items have been used beyond opening, or if the items are not in the same condition as when they were delivered, or if they have been damaged, so the user must take due care of the item(s) while they remain in their possession. Please return the products using or including their original packaging, instructions and other documentation, if any, that accompanied the items. The products must be returned with the receipt that was given to you at the time of delivery of the order.
Since fabrics and ribbons are cut according to customer specifications and measurements, it will not be possible to exchange or return these items. Americana takes the utmost care in describing fabrics and ribbons and in the quality of the photographs presented to ensure maximum customer satisfaction. However, the color/texture/structure of the fabrics and ribbons may differ from that shown on your monitor and therefore will not be considered a defect of the item.
After the return, the items must be returned to our services as follows:
(i) Return at any Americanas store: The user may return any item by delivering it to any Americanas store in the national territory that has a section with items to be returned. In this case, they must go to a store with the invoice attached to the email with the shipping confirmation, which may be presented in digital format via their mobile device or by printing it.
(ii) Return via delivery service: To return the item(s) using our delivery service, you must contact us via the form on our website, or by telephone at 244 240 130 (national landline call) or by email to arrange collection of the item(s) at the original delivery location. The items must be returned in the same packaging in which they were delivered, along with the invoice.
If you purchased the goods as a guest, you may request a return via delivery service by calling 244 240 130 (national landline call).
The user will be responsible for the return shipping costs.
You can also contact our services through the returns form, or return the items directly to the address indicated on the receipt you received when you placed your order. We recommend that you return your order as soon as possible, along with the receipt, to the address indicated on it. In this case, the user is also responsible for the costs of returning the items.
After examining the items, Americana will inform the user of their right to a refund of the amounts paid. Delivery costs will be refunded when the user exercises their contractual right to return the products within the contractually established period, and in the case of the return of all items that form part of the order. The refund will be paid as quickly as possible and, in any case, within 14 days from the date on which Americana received notification of the user's intention to cancel. Notwithstanding the foregoing, Americana may suspend the refund until the items are effectively returned. The refund will always be paid using the same payment method used to pay for the initial purchase.
The user will bear the costs of returning the items if they do not choose to return them in-store. If you have any questions, please contact our services on 244 240 130 (call to a national landline).
Notwithstanding the limitations on the contractual right to return products, as set out in clause 14.2, this Clause shall not apply to the exercise of the right of free termination of the contract legally granted to the consumer, in particular with regard to the limitation of the powers of inspection and handling of goods.

14.4 Return of defective items
If, at the time of delivery, the user considers that the item does not comply with the conditions stipulated in the Contract, they must immediately contact our services via email or by telephone at 244 240 130 (call to the national landline network), within the legally established period of two months, indicating the details of the product and the damage suffered, so that we can advise them on how to proceed.
The user may return the item to any Americanas store, presenting the invoice, or through the delivery service provided by Americanas, with the product accompanied by the invoice. Items must be returned with the receipt given to you at the time of delivery of your order, and you will subsequently be reimbursed the corresponding amount. As legally established, instead of canceling the contract (and consequently returning the goods and receiving a refund), you may also opt for a product replacement or an appropriate price reduction.
The refund, replacement, or appropriate reduction of the price paid for the item will take place as soon as possible, and in any case, within 30 days of the user's request to restore the conformity of the goods.
Amounts paid for items returned due to damage or defects, if any, will be refunded in full. The refund will be paid through the same payment method used to make the original purchase.
All rights recognized by current legislation are safeguarded.

14.4.1 Warranty
All products available for purchase at Americanas include a 3-year warranty.

14.5 Variations that should not be considered defects
The items sold by Americana, and especially the handcrafted items, often exhibit characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots, and color, cannot be considered defects or damage under any circumstances. On the contrary, the consumer should detect their presence and appreciate them. Americana selects only items of the highest quality, but natural characteristics are unavoidable and should be understood as part of the individual appearance of the item.
The provisions of this clause do not affect your rights as a user and consumer, or your right to cancel the Contract.

14.6 Right of withdrawal and return of orders from abroad
If you have ordered items from another EU Member State outside of Portugal through this website, clauses 14.1, 14.2, and 14.3 apply, with the restriction that the transport determined by us can only be carried out to the original delivery address within Portugal.
We further inform you that we are under no circumstances (with the exception of clause 14.4 to which this clause 14.6 does not apply) obliged to pay the shipping costs to addresses other than the original delivery address, nor the return costs from destinations outside of Portugal.

15. Intellectual property
The user acknowledges and accepts that all copyrights, trademarks and other intellectual property rights in the materials or content provided as part of this Website are owned by Americana, or belong to owners who have granted Americana the necessary license for their use. Use of said material is only authorized to the extent expressly permitted by Americana or its owners. This condition does not prevent the use of this Website for the necessary copying of information in your order or contact details.

16. Viruses, piracy and other cyberattacks
It is not permitted to misuse this Website by intentionally introducing a virus or any other technologically harmful or damaging software or material. The user must not attempt to access this Website, the server on which it is hosted, or any server, computer, or database connected to our Website in an unauthorized manner. The user agrees not to attack this Website through any denial-of-service attack or a distributed denial-of-service attack.
Any failure to comply with the provisions of this clause will be considered an infringement under applicable law. Americana will report any breach of this regulation to the competent authorities and will cooperate with them to determine the identity of the attacker. Likewise, in the event of a breach of this clause, authorization to use this Website will be immediately suspended.
Americana disclaims any responsibility for any damages or injuries resulting from a virus attack or any other technologically harmful or damaging software or material that may affect the user's computer, IT equipment, information, or materials as a result of using this Website, downloading content from it, or from third-party websites to which the user is redirected by this Website.

17. Links from our website
If our Website contains links to other Websites and third-party materials, these links are provided for informational purposes only, and Americana has no control over the content of these Websites or materials. For this reason, Americana will not accept any liability for damages or injuries arising from their use.

18. Written communication
Applicable legislation requires that some of the information Americana sends to the user be communicated in writing. By using this Website, the user agrees that most of the communication they establish with Americana will be done electronically. Americana will contact the user by email or provide information through alerts published on this Website. For contractual purposes, the user agrees to the use of these electronic means of communication, and that all contracts, notices, information and other communications sent to them electronically by Americana comply with the same legal requirements as written communication. This condition does not affect their legally recognized rights.

19. Notifications
Notifications sent by the user should preferably be made using our email. Under the terms of the clause above, and unless expressly stipulated otherwise, Americana may send notifications to the user by email or to the postal address indicated by the user when placing an order. Notifications are considered received or correctly made upon their publication on our Website, 24 hours after their sending by email, or three days after the date of sending by postal mail of any letter. As proof of sending any notification, it will suffice to demonstrate, in the case of a letter, that it was correctly addressed, with the correct postage and delivered to the post office or deposited in a postbox, and in the case of an email, that the notification was sent to the email address specified by the recipient.

20. Transfer of rights and obligations
This Agreement is binding on Americana and the user, as well as their respective successors, assigns and transferees. The user may not transfer, assign, impose or otherwise transfer this Agreement, or any rights or obligations arising from it, without Americana's prior written consent. Americana reserves the right to transfer, assign, impose, subcontract or otherwise transfer this Agreement or any rights or obligations arising from it, at any time during the term of the Agreement, to any company in the Group. All other transfers of Americana's contractual position, rights or obligations under this Agreement will also be subject to the user's prior consent.
For the avoidance of doubt, transmissions, assignments, impositions or other forms of transfer do not affect any rights applicable to the user as a consumer recognized by current legislation, nor do they cancel, diminish or limit in any way the tacit and express guarantees offered to them by Americana.

21. Force majeure reasons
American assumes no responsibility for any failure or delay in the performance of any obligations under a Contract, when caused by reasons beyond American's reasonable control ("Force Majeure").
Force Majeure Events include any act, event, failure, omission or accident beyond our reasonable control, including, but not limited to, the following:
i. General strikes, or other forms of protest that significantly affect the country.
ii. Public disturbances, riots, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war.
iii. Fire, explosion, storm, floods, earthquakes, landslides, epidemics and any natural disasters.
iv. Impossibility of using trains, ships, air transport, motorized transport or other means of transport, public or private.
v. Impossibility of using public or private telecommunications systems.
It is understood that Americana's obligations under the Contracts will be suspended during the period affected by any Force Majeure events, and that Americana will have a period of time to fulfill said obligations equal to the duration of the Force Majeure event. Americana will make every effort to end the Force Majeure event, or to find a solution that allows it to fulfill its obligations under the Contract, despite the Force Majeure event.

22. Waiver rights
The failure of the user to strictly comply with their obligations under a Contract or these Terms and Conditions, or the failure on our part to exercise any rights or actions that may be available to us under this Contract or these Terms and Conditions, shall in no case constitute a waiver or limitation of such rights or actions, nor shall they release the user from compliance with such obligations.
Our waiver of a specific right or action does not in any case constitute a waiver of any other rights or actions arising from the Contract or these Terms and Conditions.
Our waiver of any of these Conditions or of the rights and actions arising from the Agreement shall have no effect, except when expressly stipulated in a waiver of rights, and formalized and notified to the user in accordance with the provisions of the Notices section above.

23. Partial Annulment
In the event that these Terms and Conditions or any clause of the Contract is declared null and void by a decision of the competent authority, the remaining terms and conditions shall remain in full force and effect without being affected by said declaration of nullity.

24. Single Agreement
These Terms and Conditions, and any document referenced herein, constitute the entire Agreement between Americana and the user with respect to its purpose, superseding any agreements, accords or promises previously made between Americana and the user, whether verbally or in writing.
Americana and the user mutually agree to enter into this Agreement, without dependence on any statement or promise made by the other party or that may be inferred from any statement or document in the negotiations established between the two parties prior to said Agreement, except as expressly mentioned in these Terms and Conditions.
Americana and the user agree not to take any action regarding any false statement made by the other party, verbally or in writing, prior to the effective date of the Contract (except in cases where such statements have been made fraudulently), and that the only action the other party may take will be based on a breach of Contract, as provided for in these Terms and Conditions.

25. Applicable legislation and jurisdiction
The use of this Website and contracts for the purchase of items through it will be governed by Portuguese law.
If you enter into this Contract as a consumer, the content of this clause will not affect your legal rights recognized by applicable legislation.
For the resolution of any and all disputes arising from the interpretation or execution of this contract, the court of the district of Leiria shall have jurisdiction. The competent alternative dispute resolution center shall be the Consumer Conflict Arbitration Center of the Coimbra Region (CACRC).

26. Complaints book
The Complaints Book platform is the electronic Complaints Book, involving the Directorate-General for Consumer Affairs and the regulatory bodies of the various sectors of activity. In this sense, you can access www.livroreclamacoes.pt and submit your complaint in writing in order to resolve any dispute.

27. Comments and suggestions
Your comments and suggestions are always welcome. Please send us your comments and suggestions by email (online@americana.pt).