Terms and Conditions
Terms and Conditions
The shipping costs of the products bought, are calculated and presented to the User before he confirms his order.
All artworks will have a comission of 25%, this means that 25% of the base price of all products will go to LOFTY GALLERY.
The prices presented in the Website www.loftygallery.com in the general page and for final customer, already include VAT at the legal rate in force by the Portuguese government.
The Buyer has access in his private area to the history and status of all orders placed by him.
The Buyer can send the products you want to buy to your shopping cart by interrupting the purchase and finish it later, simply by accessing your private area and entering your shopping cart.
The Buyer can save to his private area products that he wants to buy later, and at any time he can transfer them to the shopping cart and make his purchase.
The Buyer must rate each item purchased on the Website www.loftygallery.com, responding to an email that he will receive at the pre-defined address.
- This document sets out the conditions that determine the use of this website – www.loftygallery.com, regulating the presentation and sale of products.
- These general terms and conditions of contract apply to users of the loftygallery.com website and to any transactions of a commercial nature carried out through it.
- Please read these conditions, our policies regarding cookies and our privacy policy carefully before using this website.
- By using this website, you understand that you must comply with these conditions and our privacy policies.
- If you do not agree to all of these conditions and our privacy policies, you should not use this website.
- These conditions may change and it is your responsibility to read them from time to time, as the conditions in effect at the time you use the website or enter into the contract are those that will apply to you.
Users undertake to comply with and respect these General Terms and Conditions, namely:
a) To refrain from introducing, storing or disseminating through the site defamatory, obscene, injurious, xenophobic and/or any other content that violates the general principles of law and public order;
b) To keep and not disclose your password for entering the site in order to prevent third parties from accessing your account;
c) Not to use false identities;
d) To provide the correct personal data and addresses so that orders can be properly processed.
It is therefore expressly forbidden to its users to transmit messages or injurious information, misleading, defamatory, obscene or that violates, in any way, the right to privacy or intellectual or industrial property of others, as well as the provision of any information that may be harmful to third parties or the owner of the site.
Any user who fails to comply with any of these obligations will have his account deleted.
Users are responsible for the veracity of the data communicated and undertake to immediately insert in their Registration Account on the website www.loftygallery.com, any changes to the same.
The website www.loftygallery.com is owned by the company AJNET, Ltd., with address at Rua Padre José António de Campos, 21 Póvoa de Varzim 4490-668 Póvoa de Varzim.
For any clarification related with the site www.loftygallery.com or with the present General Terms and Conditions, you may contact the through any of the following means:
Email: geral@loftygallery.com
Mail: Rua Padre José António de Campos, 21 Póvoa de Varzim 4490-668 Póvoa de Varzim,
Hours of service: from 9h to 18h Monday to Friday (except holidays and bridges).
For all due purposes, the following shall be understood
Service: set of tools made available to Users.
General Conditions: those defined herein.
Commercial Partners: a set of individual or collective companies that present their products on the Website www.loftygallery.com for acquisition.
Buyers: individual or collective persons who use the Website www.loftygallery.com to acquire Products.
Users: commercial partners or buyers who use www.loftygallery.com.
Website: loftygallery.com
Products: goods transacted through www.loftygallery.com;
- Object and Description of the Service
The object of these General Terms and Conditions is the Service whereby the company AJNET, Lda. through its website www.loftygallery.com makes available to users an electronic platform where they can sell and buy Products.
To use the Service, users agree to be bound by the terms of the Service without restrictions or reservations.
Sales made through the Service are governed by the General Terms and Conditions, which must also be accepted by Buyers at the time of each purchase.
Buyers can use tools that allow them to filter their searches taking into consideration the prices, characteristics of the Products, etc.
The Service consists of a set of tools and an electronic platform called a Website, called Lofty Gallery, which allows the Business Partners to
a) Display their Products, with corresponding references and descriptions,
b) To accept orders from buyers
c) Indicate the price of the Products
d) To manage the post-sale service
e) Pointing contacts
Access to the Service is subject to free registration on the Website, which includes reading and accepting the respective General Terms and Conditions.
To use the Website www.loftygallery.com, Users must use the email address and password created when opening their account.
Users undertake to keep these confidential and not to disclose them to any third party.
Users will be responsible for access to the Service, using their email address and password, unless they can prove fraudulent use that is not attributable to them.
In case of misuse or fraudulent use of your email address and/or password, you must immediately notify AJNET, Lda. by sending an email to geral@loftygallery.com.
- Purchase and sale of the Products
The Products are listed and presented on the Website in such detail as to enable the Buyer unambiguously to understand their essential characteristics and corresponding price.
The Purchaser must Register as a New Customer or access his Private Area with his login and password;
Select the Products that you want to buy;
Add the product to the shopping cart;
Confirm all the details of the choice of products.
Become aware, validate and accept the General Terms and Conditions, with a click of acceptance.
Finalize the purchase, making the payment of the product(s), plus shipping costs, through the method chosen (ATM, Payshop, MB Way or other).
The Buyer receives a message confirming his order by email, but the contract of sale is subject to the resolutive condition of availability of the product.
AJNET, Lda. informs the Business Partner that the products presented have been the subject of an order.
Within 24 hours (except Saturdays, Sundays and national holidays) of receiving this information, the Commercial Partner undertakes to confirm and/or inform the availability of the Product(s) ordered by the Buyer.
If the same Product is the subject of an order by several Buyers at the same time, and depending on the availability of this Product, it will be sold to the first Buyer who registers and pays his order and the order submitted by the other Buyers will be cancelled.
Once the order is validated and/or confirmed by the Trading Partner, an email is sent to the Buyer to inform him/her of the shipment or cancellation of the order;
In the absence of confirmation of availability of the Product(s), the contract concluded with the Purchaser is automatically terminated and each party is released from its obligations and only the part of the contract relating to the Product(s) not available is covered by this resolution.
In case of confirmation of availability of all or part of the Products ordered by the Purchaser, said Products shall be shipped to the Purchaser.
The Purchaser shall confirm:
Receipt of the Product(s),
Conformity of the product(s) (product conformity means that it corresponds to what was ordered)
Product status in “My Account” (which corresponds to the description on the Website at the time of purchase) and in the absence of confirmation, the Product shall be deemed received in conformity and in good condition within 21 (twenty-one) days from the date of its shipment. This Clause is without prejudice to the provisions of Decree-Law 67/2003, of 08.04, as amended by Decree-Law 84/2008, of 21.05.
The Buyer is invited to evaluate the performance of the Service.
- Price and Payment of Products
All prices are presented to the final consumer in euros, and include VAT at the legal rate in force, and if your account is in another currency, the exchange rate used will be automatically determined by the payment platform, excluding delivery costs, which are presented before the order is validated.
The payment of the purchases, made through the website www.loftygallery.com, is made on the online payment platform duly accredited and contracted for this purpose by AJNET, Lda., whose terms and conditions apply to this contract and will be available at www.loftygallery.com to which Users adhere without reservation.
The Buyer, after selecting the payment option, shall indicate all the necessary data according to the chosen method. These data are confidential, assigned to the payment platform certified by AJNET, Lda. It shall never have access to them nor remain in any way in the Buyers’ databases.
The invoice for purchase of the Products is issued by AJNET, Lda. and sent to the Buyer in digital format to the email address validated in the Private Area.
Orders will be delivered to the address identified for delivery indicated by the Buyer when he placed his order/purchase.
Orders will be shipped only after confirmation of stock and payment has been made.
Orders are only shipped by carriers chosen by AJNET, Lda.
We do not accept orders for delivery to P.O. boxes.
Orders will always be shipped in working days and within the deadlines indicated on the Website.
Please note that circumstances beyond AJNET, Lda’s control or events constituting force majeure may make delivery within the estimated time impossible.
If there is an inability to meet the deadline or the order, the buyer will be informed of a new date or the possibility of cancelling the order with full refund of the amounts paid.
- Contract resolution and returns
The Buyer has, in accordance with applicable law, the right to contractual resolution (without payment of damages and without the need to state the reason) that should be exercised in writing via e-mail or registered letter sent to AJNET, Lda. address within 14 days from the date of receipt of the order (article 10, paragraph 1 of DL 24/2014 of 14 February).
For the period of free withdrawal to be respected, it is sufficient that your communication regarding the exercise of the right of free withdrawal is sent before the expiration of the withdrawal period.
In case of withdrawal, the amounts in question will be refunded to the same means of payment used for the purchase, including the proportional transport costs for the returned product. In the event of exercising the right of free resolution, the Buyer shall bear in full the costs of returning the goods and the shipping costs shall be deducted in accordance with the values proportional to the returned item or items, indicated on the purchase invoice, thus complying with the requirements of article 10, paragraph 1 of DL 24/2014 of 14 February.
The Products sold on the Website www.loftygallery.com are covered by a conformity guarantee, provided by the Commercial Partners, under the terms of the legislation applicable to the category of goods of which they are part. In case of non-conformity, the Products must be returned in the same conditions in which they were sold, without scratches, without external damage or signs of use and in perfect working order, packed in their original packaging and accompanied by the user manual and all accessories.
Under the applicable legal terms, the right of free resolution cannot be exercised with respect to Products that the Purchaser has removed the warranty and tamper evident seal.
The company AJNET, Lda, undertakes to comply with the legislation in force, according to the standards of Regulation (EU) 2018/302 of the European Parliament and of the Council General Data Protection Regulation (RGPD/GDPR) – DL Nº 166/2013, so that the confidentiality and security of the data provided to the performance of its functions are guaranteed.
The company AJNET, Lda, when choosing the data server to store all digital information, took as main consideration the highest level of cybersecurity of the same, however, even for reasons of internal security, reserves the right, without notice, to change and update the stipulated procedures, always respecting the rights defined by that legislation. AJNET, Lda. is aware that being its manipulation essentially digital, there are risks of use to which AJNET, Lda. is alien and to which it cannot be held responsible, therefore advising all users to make a careful and permanent management of their personal data.
The company AJNET, Lda, with its head office, will be the entity responsible for the collection and treatment of each user’s personal data, such data will be subject to automated treatment and will appear in the company’s database.
The only entity that shall have access to the complete personal data filled in by the customer in the customer registration form, shall be AJNET, Lda. The supply of data to external entities shall be limited to the data indispensable for the proper functioning of the sales, collection and logistic processes, AJNET, Lda. commits itself never to supply complete or partial data to third parties who do not need them for the execution of the processes necessary to execute its customers’ orders.
The personal data provided to AJNET, Lda. shall be used exclusively for the management of the customer portfolio, including profiling, and for the purpose of processing the orders. Data processing operations shall have the following bases of legitimacy:
(a) Consent of the Data Holder: Customer record, profiling and transmission of indispensable data to third parties;
b) Legal Obligation: Invoicing and Current Account Management.
In the event that data processing is based on the Data Subject’s Consent, the Data Subject may withdraw the consent given at any time, without such change having any influence on the legality of the data processing, up to the time of such change.
The Data Subject may at any time request the exercise of his or her legally provided rights, even under the RGPD and other applicable personal data protection legislation, such as the right to:
Access to data;
Correction or completeness;
Request the deletion of data;
Limit the processing of data;
Portability of your personal data;
File a complaint with the CNPD.
Should the data subject wish to exercise any of these rights, he/she may contact AJNET, Lda. by any of the following means
Mail: Rua Padre José António de Campos, 21 póvoa de varzim 4490-668 Póvoa de Varzim
E-mail: geral@loftygallery.com
Opening hours: from 9 a.m. to 6 p.m. from Monday to Friday (except holidays and bridges).
AJNET, Lda. only keeps the data for the period that is necessary to pursue or complete the purposes for which they are intended, in compliance with the minimum periods required to comply with contractual, legal or regulatory obligations, except in cases where there are specific legal or legal obligations that impose longer periods.
At the end of the conservation period, we will proceed to the elimination of said data.
In compliance with the General Data Protection Regulation, AJNET, as the party responsible for the treatment of your personal data, requests the express consent of users, carried out upon acceptance of the General Terms and Conditions, namely its Privacy Policy.
The term “Cookie(s)” refers to a small file that is stored and read when you visit a website or read an e-mail message, install or use a computer program or a mobile application, regardless of the type of terminal used.The Cookies implemented on the Website are of various types and serve different purposes.
You may accept or refuse the installation of Cookies according to the arrangements explained hereafter.
You can at any time manage the methods of storing and using the data collected via Cookies.
How do you manage the use of Cookies through your browser?
Below you will find the various ways of managing your Cookies according to your browser software. The configuration of each browser is described in the help menu of your browser. Some examples:
INTERNET EXPLORER – https://support.microsoft.com/pt-pt/help/17442/windows-internet-explorer-delete-manage-cookies
SAFARI – https://support.apple.com/pt-pt/guide/safari/sfri11471/mac
CHROME – https://support.google.com/chrome/answer/95647?hl=pt&hlmr=en
FIREFOX – https://support.mozilla.org/pt-PT/kb/ativar-desativar-cookies-websites-utilizam-monitorizar-preferencias?redirectslug=ativar-e-desativar-cookies-que-os-websites-utiliza&redirectlocale=pt-PT
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other sites behaves as if you were visiting those sites.
This site may collect data about you, use cookies, incorporate third-party tracking, monitor your interactions with it, including logging your interactions with embedded content if you have an account and are logged into that site.
Your personal data may be disclosed to third parties in order to:
Comply with applicable laws,
Respond to judicial and governmental inquiries,
Comply with valid legal process,
protect the rights, or property of AJNET, Lda.
Visitor comments may be checked by an automated spam detection service.
If you have additional questions, please contact us at geral@loftygallery.com.
All purchases made on the website www.loftygallery.com are subject to Portuguese law.
Any conflict or divergence of interpretation of the General Conditions of Contract and Use shall be submitted to the competent Portuguese Court.
- Alternative Dispute Resolution, Complaints and Complaints Book
In the event of disputes initiated by a consumer against a supplier of goods or service provider that concern contractual obligations resulting from purchase and sale contracts or provision of services, concluded between the established supplier of goods and consumers residing in Portugal and in the European Union, the consumer may resort to a Consumer Dispute Resolution Entity.
Thus, if the transaction has been concluded through our website, we inform you – in accordance with EU Regulation No. 524/2013 – that you are entitled to try to resolve any dispute out of court by accessing the electronic platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under Article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal, through the website www.consumidor.pt.
For complaints and claims regarding purchases made you can contact Sinónimo de Festas – Distribuição e Comércio, Lda:
Suggestion and Complaint Form HERE
Mail: Rua Padre José António de Campos, 21 póvoa de varzim 4490-668 Póvoa de Varzim
E-mail: geral@loftygallery.com
Hours of service: 9am to 6pm from Monday to Friday (except holidays and bridges).
For more information, please visit the website of the Directorate General for the Consumer, at consumidor.pt.
Users can always file a complaint, as well as consult the details of their complaints in the Complaints Book link, available for this purpose at the end of our Website.
These General Conditions of
Contract and Use were updated on 20 July 2022
