Last updated 28 April 2019.
These Terms and Conditions of Use (hereinafter “Terms”) apply to access to and use of the website, mobile applications and online services (hereinafter collectively “Services”) of Love Vintage and its affiliate Casa Antigua Comércio de Móveis e Objetos Ltda (collectively, “LV” or “we”). By accessing or using the Services, you agree in your bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT OR USE THE SERVICES.
1. Updates and corrections.
1.1. We continually try to be accurate, clear and objective in the Services. Regarding possible gaps, downgrades and / or grammatical or information errors, we reserve the right to revise and correct them.
1.2. We reserve the right to change or amend these Terms at any time, in our sole discretion. If we make any amendments to these Terms, we will notify you of such changes, such as by sending a notification by email, notifying through the Services or updating the “Last Update” date at the beginning of these Terms. By continuing to access or use the Services after posting any changes to these Terms, you confirm your acceptance of the revised Terms. We recommend that you review these Terms regularly to ensure that you understand the terms and conditions that apply when you access and use the Services.
1.3. If you have questions, comments or complaints about these Terms, please contact us at customer service@lovevintage.com.br.
2. Services are aimed at people over 18 years old.
Services are not directed or intended for use by persons under 18 years of age. By using the Services, you represent and warrant that you are 18 years or more; has not previously been suspended or removed from the Services or involved in any activity that may result in suspension or removal from the Services; and you have full power and authority to access these Terms, and access will not violate any other agreement to which you are bound.
3. This is not an online sales website.
The Services do not include online sales. The website works as a virtual showcase, not a virtual store. You select the pieces that you like, put them in a basket and send to us. A LV team member will be in touch with you to give you further information, negotiate the sale, set payment and delivery – via Whatsapp, Facetime or email.
4. Price and availability.
All prices are in US dollars. Delivery, handling and packaging fees are additional. All products are subject to availability. We reserve the right to cancel all or part of an order and discontinue products and services without prior notice, even if you have already placed your order. All prices are subject to change without notice.
5. Products sold “in their best condition”.
LV products are sold “as is”, this does not mean that are broken or anything like that, it means:
5.1. The products retain their antique features: LV products are restored in order to preserve as much of its original features as possible and at the same time provide the proper functionality.
5.2. The products’ wood continue to have the feature of antique wood. Even the replicas are produced by reusing old hardwoods, so they bring usage marks, some marks are more superficial, others are deeper.
5.3. Antique features are not modified. The pieces are of high quality, sold in their best aesthetic and functional state. However, if you do not appreciate the “antique” feature, do not buy LV products.
6. Comments on products.
6.1. LV makes no representation or warranty that the Buyer acquires copyrights or other intellectual property rights on any product.
6.2. It is not our knowledge that any product showed in the Services may require cultural or customs permissions, or it has a restriction for exporting from Brazil and / or importing by any country.
6.3. LV does not guarantee, explicitly or implicitly, certain products features showed in the Services, such as: rarity, uniqueness, importance, provenance, designer or historical relevance. No statement, whether oral or written, should be regarded as a guarantee or certification of these features.
7. Duties, taxes and fees.
VAT and other taxes intrinsic to the sale and circulation of goods in the Brazilian territory are already included in this website’s prices. Duties, taxes and fees for international deliveries are under the jurisdiction of the destination countries. Depending on the type of delivery agreed in the purchase order, fees and taxes for international deliveries can be paid by LV when sending you the products or by you when receiving the products. The tax may be based on the purchase price, with limits for tax exemption, always depending on the destination country’s current importation regime. The necessary information should be obtained through the destination country’s customs office. International “Express” deliveries already incorporate any duties and taxes from the destination country.
8. Time for shipment of deliveries.
The purchases’ shipment processing is carried out in the shortest possible time. At the deal closing, the shipping and delivery deadlines are set, in agreement between you and LV. Usually, shipments are not made on Saturdays, Sundays or holidays. Note that LV cannot be held responsible for situations beyond our control such as severe weather conditions, transport routes interruptions, etc.
9. Cancellation of purchase order.
You can cancel your order if the cancellation is made within forty-eight (48) hours after the purchase had been done and if you have not received a confirmation of shipment from us. If your order has already been shipped, you can use a return order (see item 11) by sending us an email.
10. Damaged products.
There are three kind of situations, which require different actions, in case of receiving damaged packaging or products at LV products delivery:
10.1. You notice the damage after receipt of your order. Immediately contact LV – through Whatsapp, Facetime or email – to set the process of returning the products, exchange or refunding.
10.2. You notice the damage upon delivery of your order when you verify very significantly damage in the packaging. Refuse the delivery receipt and ask the deliveryman to return it to LV, noting the reason in the receipt refusal document.
10.3. You notice little damage to the products packaging, but you do not think the contents have been broken. Receive the order, making a note regarding to the defective packaging on the receipt.
11. Returns and Refunds.
We accept returns and do refunds for products returned without damage, in perfect merchantable quality, within 7 (seven) days after the receipt of the products. There are some non-returnable products, this condition is indicated in the product description in the Services as “Non-returnable product.” In the case of a refund, it must be made by the same payment method used by you to make the purchase of the product. Shipping fees will not be refunded, and return fees will be charged.
12. Access and use of our Services and materials.
The Services, as well as content and materials contained in or related to the Services – including logos, illustrations, texts, graphics, photos, videos, information, data, software and sound files – are the exclusive property of LV and are protected by copyright laws and trademarks in Brazil and abroad. Unauthorized reproduction or distribution of a copyrighted work is illegal and punishable.
13. Trademarks.
The logos and names of the products and services are registered trademarks of LV and may not be copied, imitated or used in whole or in part, including in metatags or other “hidden elements”. In addition, the visuals of the Services and products – including page headers and footers, graphics, icons and buttons – are also the trademark of our services and cannot be copied or imitated, in whole or in part.
14. Feedback.
You can send questions, comments, suggestions, ideas and information about the services (interaction called here “Feedback”) to LV. The feedback is considered non-confidential and property of LV, which shall have exclusive rights, including the rights of intellectual property on the feedback. LV can make unrestricted use and disclose the feedback for any purpose, commercial or institutional, without acknowledgment or payment to the author of feedback.
15. Limit of liability.
15.1. These Terms do not generate any partnership, mandate, franchise or employment relationship between LV and users.
15.2. LV is not responsible for any damage or loss suffered by the user due to failures on the Internet, the system or server used by the user, or those arising from third party conduct, unforeseeable circumstances or force majeure. LV also will not be responsible for any virus that may attack the user’s equipment due to access, use or navigation on the Internet or as a consequence of the transfer of data, files, images, texts or audio.
15.3. The responsibility of the LV is limited to the liability imposed by legal provisions, i.e., LV is not responsible for any indirect damage, such as loss of turnover, loss of profits or increase in overall costs. LV is not responsible for damages caused, directly or indirectly, by acts or omissions of the customer or a third party arising from any cause.
16. Applicable law and jurisdiction.
16.1. If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, such provision shall be deemed to be separate and shall not affect the validity and enforceability of the remaining Terms. LV’s inability to exercise any rights will not constitute a waiver of any rights or remedies available under these Terms or relevant legislation.
16.2. These Terms represent the entire agreement between you and LV and supersede any other agreement between the parties, including, but not limited to, any prior Terms that may exist between you and LV.
16.3. These Terms are governed by the laws in force in the Federative Republic of Brazil. To resolve any questions or issues regarding the Terms, the parties elect the Central Court of the City of São Paulo, to the exclusion of any other.