Terms & Conditions
Identification of the Seller and Company Details:
Registered Office: GRAIN BY GRAIN, UNIPESSOAL LDA
Address: Avenida Visconde De Valmor, Nº43, 2nd floor, 1050-237 Lisbon, Portugal
Warehouse & Logistics Address: Giebel + Ebeling GmbH, Hansastraße 5, 69181 Leimen / St. Ilgen, Germany
VAT / NIF: PT 518955524
Commercial Register: Registered at the Commercial Registry Office under NIPC 518955524
Legal Representation / Managing Director: Madalena Mesquita
Contact Email: info@grainbygrain.de
Table of Contents:
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Scope of Application
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Conclusion of the Contract
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Right of Withdrawal and Extended Return Policy (30 Days)
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Prices and Payment Terms
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Shipping and Delivery Conditions
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Retention of Title
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Warranty and Liability for Defects (Ceramic Items)
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Use of Promotional Vouchers
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Use of Gift Cards
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Applicable Law
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Jurisdiction
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Alternative Dispute Resolution (ADR) and Online Complaints Book
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "T&C") of GRAIN BY GRAIN, UNIPESSOAL LDA (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or a merchant (hereinafter referred to as "Customer") and the Seller regarding all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms is expressly rejected, unless prior written consent has been given.
1.2 Regarding the purchase of gift cards, these T&C apply accordingly, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial, business, trade, or professional activity.
1.4 A merchant within the meaning of these T&C is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their independent commercial or professional activity.
2) Conclusion of the Contract
2.1 Product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve solely to enable the Customer to submit a binding proposal.
2.2 The Customer can submit the proposal using the order form integrated into the Seller's online shop. After placing the selected products in the virtual shopping cart and completing the checkout process, clicking the order completion button submits a legally binding contractual proposal for the goods in the cart. The Customer may also submit their proposal by email to info@grainbygrain.de.
2.3 In the case of electronic payments processed at the time of order placement (such as Credit Card, MB WAY, PayPal, Shopify Payments, Klarna, etc.), the contract is deemed concluded at the moment the payment transaction is successfully authorized. In all other cases, the contract is deemed concluded upon written confirmation of dispatch or receipt of the item.
2.4 The text of the contract is stored by the Seller and sent to the Customer by email after order submission.
2.5 Portuguese and English languages are available for concluding the contract.
2.6 Order processing and communication are typically carried out via email. The Customer must ensure that the email address provided is correct and operational.
3) Right of Withdrawal and Extended Return Policy (30 Days)
3.1 In accordance with Decree-Law no. 24/2014 of February 14, the consumer has a legal right of withdrawal within 14 days. GRAIN BY GRAIN, UNIPESSOAL LDA voluntarily grants its consumers an extended return period of 30 (thirty) calendar days, starting from the day the consumer (or a third party designated by them) acquires physical possession of the goods.
3.2 To exercise this right, the consumer must inform GRAIN BY GRAIN, UNIPESSOAL LDA of their decision to return the product via an unequivocal statement sent by email to info@grainbygrain.de, specifying the order number and the items to be returned.
3.3 For a return to be accepted, the product must be in good condition, without signs of improper use, in the same conditions as received, and, whenever applicable, accompanied by its original packaging. Custom or made-to-order products are excluded from the right of return, except in cases of manufacturing defect.
3.4 The direct costs of returning the goods shall be borne by the consumer, except in cases of shipping error or if the product has a proven defect/damage.
4) Prices and Payment Terms
4.1 Unless stated otherwise in the product description, the prices indicated are total prices and include the legally applicable Value Added Tax (VAT) in Portugal. Shipping costs, where applicable, will be indicated separately prior to order completion.
4.2 The Customer can make payments using the methods available at checkout:
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Credit and Debit Cards: Visa, Mastercard, Maestro, American Express, and UnionPay
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Digital Wallets: Apple Pay, Google Pay, and Shop Pay
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Local and National Methods: MB WAY, Multibanco Reference, and Bancontact
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Flexible / Deferred Payment: Klarna
4.3 Payment processing via cards and digital services is performed through secure payment service providers integrated into the checkout (including Shopify Payments and PayPal, where applicable).
5) Shipping and Delivery Conditions
5.1 Shipping and logistical fulfillment of goods are handled through central operations and/or the logistics partner center located at Giebel + Ebeling GmbH, Hansastraße 5, 69181 Leimen / St. Ilgen, Germany. Delivery is made to the shipping address specified by the Customer during the order process.
5.2 If the carrier returns the goods to the Seller because delivery was not possible for reasons attributable to the Customer (e.g., incorrect address or failure to receive), the Customer shall bear the costs of reshipping.
5.3 Personal pickup by the Customer is not possible for logistical reasons.
6) Retention of Title
GRAIN BY GRAIN, UNIPESSOAL LDA retains ownership of all delivered goods until full and effective payment of the amount due has been made.
7) Warranty and Liability for Defects (Ceramic Items)
7.1 For purchases made by consumers, legal warranty rights apply under Decree-Law no. 84/2021 of October 18, which establishes a legal warranty period of 3 (three) years for new movable goods from the date of delivery.
7.2 As these are handcrafted ceramic pieces, minor variations in color tone, shape, weight, texture, or surface imperfections resulting from the manual molding and firing process do not constitute manufacturing defects, but rather unique characteristics of each piece.
7.3 The Customer must inspect the packaging upon delivery. In case of visible damage caused by transport, the Customer must note it on the carrier's delivery receipt and immediately notify the Seller via email at info@grainbygrain.de.
8) Use of Promotional Vouchers
8.1 Promotional vouchers issued free of charge by the Seller as part of promotional campaigns can only be redeemed in the online shop and within the specified validity period.
8.2 Only one promotional voucher can be used per order. Promotional vouchers cannot be converted into cash and are non-transferable.
9) Use of Gift Cards
9.1 Gift cards purchased in the online shop can be used to purchase any eligible goods available.
9.2 If the value of the gift card is insufficient to cover the order total, the difference can be paid using any of the remaining available payment methods. Gift card balances are non-refundable in cash.
10) Applicable Law
10.1 All legal relationships between the parties shall be governed by and construed in accordance with the laws of Portugal, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 For consumers residing in an EU Member State, this choice of law does not deprive the consumer of the protection granted by mandatory provisions of the law of their country of habitual residence.
11) Jurisdiction
11.1 If the Customer is a merchant or legal entity, the exclusive place of jurisdiction for resolving disputes shall be the competent court of the judicial district of Lisbon, Portugal.
11.2 If the Customer acts as a consumer, statutory rules of territorial jurisdiction apply.
12) Online Complaints Book
12.1 GRAIN BY GRAIN, UNIPESSOAL LDA provides access to the Electronic Complaints Book: https://www.livroreclamacoes.pt