These Terms and Conditions, together with the Privacy and Cookie Policy, establish the rules governing the use of this website and regulate the conditions for purchasing goods through it. Terracota do Algarve invites the Customer to carefully read the contents of these Terms and Conditions, as well as the Privacy and Cookie Policy, before using this website. To place an order, the Customer must be at least eighteen years old or, if underage, have the legal representatives’ authorisation to enter into a contract. By using this website, the Customer confirms that they meet these requirements. These Terms and Conditions may be changed at any time; in such cases, an updated version will be published on the website. The use of the website and the placement of any order after such publication will be subject to the version then in force, which must be expressly accepted before submitting the order.

  1. DEFINITIONS

Customer – A natural or legal person who visits Terracota do Algarve with the intent to purchase products or services and to whom the order is billed and delivered.
Order – Goods to be supplied in accordance with the Customer’s request.
Special order – Goods ordered with specific characteristics as requested by the Customer, such as custom shapes, colours, patterns, finishes, etc.
Made-to-order – Goods not in stock and produced by Terracota do Algarve to fulfil the order.
Goods – Products traded as requested in the order.
Quote – A document in electronic or paper format issued by Terracota do Algarve outlining the goods to be supplied in accordance with the Customer’s request and these Terms and Conditions.

  1. BASIS OF THE CONTRACT

2.1 These Terms and Conditions constitute the entire agreement between the Customer and Terracota do Algarve for the sale of goods. By reading them, the Customer must ensure their agreement before entering into the contract.
2.2 Confirmation of the Quote is a request by the Customer to enter into a binding contract, which Terracota do Algarve may accept or reject.
2.3 The contract becomes effective when the goods are confirmed by Terracota do Algarve and the Customer is informed of this.
2.4 Prices and shipping costs are those in force at the time the Customer confirms the order. In the event of a pricing or fee error, Terracota do Algarve will notify the Customer, who may then modify or cancel the order.
2.5 Terracota do Algarve reserves the right to revise and amend these Terms and Conditions at any time to reflect market changes, technological developments, payment methods, legal requirements, or system capabilities. The Customer will be subject to the policies and terms in effect at the time the binding contract is made, unless changes are required by law or regulatory authority.

  1. CHANGES AND CANCELLATIONS

3.1 The Customer may change the order at any time before Terracota do Algarve confirms its acceptance, by contacting via email.
3.2 The Customer may cancel the order within 14 days of receiving the goods, except in the case of “Special Orders” and “Made-to-order” items, which cannot be cancelled once accepted by Terracota do Algarve. Notification must be made via email. Return costs and risks are the Customer’s responsibility.
3.3 If the goods have not yet been shipped, the Customer will be refunded within 14 days of cancellation.
3.4 If the goods have already been received, they must be returned and the refund will be issued after inspection.
3.5 Refunds will be made by bank transfer or by the same payment method used when placing the order.

  1. GOODS

4.1 Upon delivery, goods should conform to the description, be of good quality and fit for purpose. Otherwise, they will be replaced. The Customer must immediately contact Terracota do Algarve by email. Replacement does not apply in cases of:
4.1.1 Variations as described in the product characteristics, due to their handmade origin;
4.1.2 Intentional damage, accident or negligence by the Customer or third parties;
4.1.3 Use of the goods in a non-recommended manner;
4.1.4 Failure to follow installation, usage, cleaning, or maintenance instructions;
4.1.5 Alterations or repairs made by the Customer without prior written consent.

  1. SAMPLES AND DESCRIPTIONS

5.1 All descriptions, images, and samples aim to provide the most accurate representation.
5.2 As per product descriptions on the website, the Customer acknowledges that natural materials and handmade or semi-handmade processes may result in variations in size, grain, texture, and colour. These are not considered defects but rather part of the product’s character.
5.3 Customers are advised to request samples before confirming orders.
5.4 Some products are porous and require sealing; others may be prone to scratches, corrosion or chipping.

  1. PRICE AND PAYMENT

6.1 Prices are those in force at the time of order confirmation. Terracota do Algarve reserves the right to update prices at any time without notice.
6.2 Quotes are valid for 30 days from the date of issue, unless otherwise notified.
6.3 All prices exclude VAT unless otherwise stated. VAT is charged at the rate in force at the time of order, normally 23%.
6.4 Prices exclude delivery. Delivery costs are specified at the time of order.
6.5 Payment must be made by one of the available methods at time of purchase.
6.6 Payment must be made within 72 hours of receiving the Proforma/Quote via email. Orders may be cancelled if payment is not made within this time frame.

  1. DELIVERY

7.1 Goods will be delivered to the address specified in the order. Terracota do Algarve may refuse to deliver to a different address unless agreed in writing.
7.2 Delivery is considered complete when all goods are delivered.
7.3 If delivery cannot be made in one shipment due to operational or stock issues, goods will be delivered in instalments at no extra cost.
7.4 If partial delivery is requested after the order is placed, additional delivery fees may apply.
7.5 Terracota do Algarve will take reasonable steps to meet estimated delivery times.
7.6 In case of stock shortage, the Customer will be notified and may choose to wait, modify, or cancel the order.
7.7 Deliveries are made by selected couriers and end at the most accessible point. For pallet deliveries, the drop-off point is curbside.
7.8 The Customer must inform Terracota do Algarve of any access issues that may affect delivery.
7.9 Delivery may be refused if it is deemed unsafe, illegal, excessively difficult or unfeasible.
7.10 Absence on the scheduled delivery date constitutes a failed delivery. Goods will be stored until rescheduled and may incur storage fees.

  1. RISK AND OWNERSHIP

8.1 Goods become the Customer’s responsibility upon delivery.
8.2 Ownership transfers only after full payment of all amounts due, including delivery charges.

  1. INSTALLATION

9.1 Installation guides are available on the website. Installation must be performed by professionals after reading the relevant guide.
9.2 Orders should be placed at least 10 business days before installation to allow acclimatisation of certain materials.
9.3 Installation constitutes acceptance of the product.
9.4 Terracota do Algarve does not recommend installers, but advises Customers to seek references.

  1. DAMAGED, MISSING OR DEFECTIVE PRODUCTS

10.1 Upon delivery, the Customer or recipient must check the goods immediately.
10.2 If damage is observed, this must be recorded in writing on the courier’s delivery form. Photos of damage should be sent by email within 48 hours.
10.3 The Customer must inspect all goods within 14 days. Claims after this period may be rejected unless previously agreed.
10.4 Variations in colour, tone, texture and minor cracks are inherent and not considered defects.
10.5 Dimensional, thickness or gauge variations are allowed within standards for handmade products.
10.6 Terracota do Algarve is not responsible for labour costs or losses due to incorrect, delayed or damaged deliveries.

  1. RETURNS

11.1 Goods may be returned within 14 days. Notification must be made by email.
11.2 Goods must be returned in their original packaging.
11.3 Only complete, unopened boxes will be accepted if goods are sold in boxes.
11.4 Goods must be returned to the address provided.
11.5 Return costs are borne by the Customer.
11.6 Goods remain the Customer’s responsibility until received.
11.7 Damaged returns may incur charges.
11.8 Special or made-to-order goods cannot be returned unless proven defective or damaged on delivery.

  1. LIMITATION OF LIABILITY

12.1 All goods are guaranteed to match the description, specifications and guidelines at the time of delivery.
12.2 Customers may seek information about their legal rights through Consumer Dispute Resolution bodies.

  1. WAIVERS AND AMENDMENTS

13.1 No waiver or amendment will be valid unless agreed in writing by both parties. Failure to enforce a clause does not constitute waiver.

  1. FORCE MAJEURE

14.1 Force majeure includes government actions, war, national emergencies, terrorism, civil unrest, fire, epidemics, pandemics, extreme weather, strikes, supply shortages, and transport delays.
14.2 Terracota do Algarve is not liable for failure to perform obligations due to such events.
14.3 Obligations are suspended for the duration of the event.
14.4 Time extensions are automatic during the event or until alternative solutions are found.

  1. DISPUTE RESOLUTION

15.1 In the event of dissatisfaction, Customers should first seek informal resolution by contacting Terracota do Algarve via email or phone.
15.2 If unresolved, the Customer may resort to judicial action or use a Consumer Dispute Resolution Entity.

  1. GOVERNING LAW

16.1 Portuguese law governs this contract. If any clause becomes unenforceable, the rest remains unaffected.
16.2 Notices from the Customer to Terracota do Algarve must be sent by email or to the registered office.
16.3 Terracota do Algarve may notify the Customer by email or postal address provided. Notices are deemed delivered 24 hours after email or two business days after mailing.

 

Terracota do Algarve
Vale de Mealhas, Caixa Postal 705-Z
8150-046 São Brás de Alportel
Phone: 00351 289 843 555