TERMS AND CONDITIONS

 

   1. SCOPE

1.1 PLAISANCE – SOCIEDADE UNIPESSOAL, LDA. is a legal entity registered in Portugal, under Portuguese Law. Hereinafter referred to as PLAISANCE.

1.2 PLAISANCE sells products covered by the “PLAISANCE” trademark worldwide.

1.3 Every product, drawing, sample, design, sketch, or product whatsoever designed, created, or produced by PLAISANCE – hereinafter referred to as the PRODUCT.

1.4 Every private person, corporate entity, or registered company who enters into a legal transaction, hereinafter referred to as the CUSTOMER.

1.5 The ORDER is to be understood as a legal transaction regarding the acquisition of the PRODUCT or SERVICE by the CUSTOMER. 

1.6 The REPRESENTATIVE is to be understood as a PLAISANCE employee, with an official @plaisance.pt email address. The CUSTOMER enters into a legal transaction with PLAISANCE through the REPRESENTATIVE.

1.7 Plaisance’s own shipping route includes the following countries – Spain, France and Belgium. Hereinafter referred to as OWN SHIPPING ROUTE.

1.8 The Terms and Conditions are applicable to all transactions of PLAISANCE, including but not limited to the following activities: Sales of Goods, Design Services and Product Assembly.

1.9 The DATE OF PURCHASE is to be understood as the date that a pre-payment is received by PLAISANCE.

1.10 PLAISANCE reserves the right to not enter into a legal transaction with a CUSTOMER at its own discretion; 

1.11 PLAISANCE may modify these Terms and Conditions at any time. By entering into a legal transaction with PLAISANCE, the CUSTOMER accepts the Terms and Conditions in force at the DATE OF PURCHASE.

1.12 The Terms and Conditions are published and updated on PLAISANCE’s official website (www.plaisance.pt).

 

   2. ACCOUNTS

2.1 All accounts will only be registered once the first Pro-Forma is issued. CUSTOMER is required to provide valid Company information, including and not limited to: Billing name, Billing address, VAT number (Company Registration number or Resale number).

 

   3. PRODUCT ORDERS 

3.1 There are no required minimums when purchasing PLAISANCE products.

3.2 To place an order, the CUSTOMER is required to provide information requested by the REPRESENTATIVE for the purpose of a legal transaction, including and not limited to: Billing Name and Billing Address, taxpayer or VAT number (Company Registration number or Resale number), and email address; or other mandatory information if needed for a legal transaction.

3.3 The CUSTOMER is responsible for selecting the PRODUCTS that constitute the PURCHASE.

3.4 Pro-Forma invoice must be required for every PURCHASE meant to be placed with PLAISANCE official REPRESENTATIVE. The payment of the official Pro-Forma invoice confirms the CUSTOMER’s item selection, including all finishes specified for each product listed for that given ORDER.

3.5 PLAISANCE reserves the right to consider a Pro-Forma invoice valid for 30 working-days from the day that it is initially sent. Therefore, the CUSTOMER is advised to require separate Pro-Forma invoices, distinguishing product and shipping quotations; In the case of Pro-Forma invoices with shipping quotes, these are considered valid for 10 working-days only.

3.6 When making a purchase, the CUSTOMER is entitled to require photographs of the ordered PRODUCTS prior to shipment. This request should be added to the order’s Pro-Forma invoice.

 

   4. CUSTOMIZATION & MADE-TO-MEASURE / BESPOKE

4.1 PLAISANCE offers a Design Service to customize its products to meet Customers’ needs and specifications. Additionally, PLAISANCE also accepts Made-to-Measure requests.

4.2 A design fee is applied to all Custom / Bespoke orders. This fee is deductible from the final PRODUCT invoice. PLAISANCE reserves the right of setting the valid period and price of a custom-made product official quote accordingly.

4.3 An official confirmation e-mail from the CUSTOMER is required for all technical drawings / schemes associated to any personalized Custom /Bespoke products.

4.4 Lead time for Custom / Bespoke products is proposed case-by-case at PLAISANCE’s discretion. The lead time begins when the REPRESENTATIVE confirms the reception of the confirmed technical drawing / scheme by the CUSTOMER.

4.5 PLAISANCE provides a lead time estimate with official quotes and Pro-Forma invoices that include Custom / Made to Measure / Bespoke products, and establishes a final lead time commitment with each technical drawing to be confirmed by the CUSTOMER.

 

   5. CUSTOMER’S OWN MATERIALS (COM)

5.1 For COM Orders, production will not begin on any PRODUCT requiring any type of fabric, leather, trim or cords supplied by the purchaser until ALL the materials for the products ordered have arrived and have been properly identified by PLAISANCE. Lead time for orders with COM/COL products starts after ALL materials, have been properly identified.

5.2 The CUSTOMER takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the CUSTOMER. PLAISANCE takes no responsibility for the selection of fabrics chosen by the CUSTOMER.

5.3 PLAISANCE assumes all COM received have been inspected and are ready for use. PLAISANCE warranties do not extend to materials supplied by the CUSTOMER. All fabric defect related claims are the sole responsibility of the CUSTOMER and fabric vendor.

5.4 The CUSTOMER is responsible for ensuring that all materials are identifiable when received. PLAISANCE is not responsible for delays in production or any fabric misuse if the fabric is sent without identification by the CUSTOMER.

 

   6. PRODUCT FEATURES & ACCURACY INFORMATION

6.1 PLAISANCE reserves the right, without prior notice, to discontinue products or change specifications on products.

6.2 PLAISANCE attempt to ensure that information on plaisance.pt or official printed materials are complete, accurate and current. Despite the efforts, the information provided may occasionally be inaccurate, incomplete or out of date.

6.3 The main characteristics of products are shown on plaisance.pt on each product page. All weights, measures and similar descriptions are approximate, due to the raw materials features and techniques; and are provided for convenience purposes only.

6.4 PLAISANCE makes reasonable efforts to accurately and faithfully display the attributes and relevant information of the original products, including technological means to reduce inaccuracies as much as possible and the applicable colors. However the products displayed may differ slightly to the real garments in terms of image and colours due to the computer system, media screens or printed materials. In consequence, PLAISANCE does not fully guarantee a perfectly clear identity of final products in comparison to their graphic representation shown on the official website or official marketing material.

 

   7. HANDMADE PRODUCTS & RAW MATERIALS

7.1 PLAISANCE products are handcrafted pieces. Each product has its own unique attributes which are impossible to replicate identically from piece to piece due to human factor of finest craftsmanship.

7.2 Due to the nature of PLAISANCE manufacturing processes, techniques and selection of materials, certain products may exhibit slight variations, minor marks, pitting, porosity and/or colour anomalies.

7.3 Many wood, stone and metal materials and finishes may vary in colour, veining, tone and character, it is considered to be part of the natural beauty. While manufacturer will make every effort to match a finish and/or texture, no guarantee can be made of an exact match. Manufacturer does not guarantee finishes against fading and oxidizing.

7.4 PLAISANCE does not fully guarantee a perfectly clear identity of identical finishes in two or more pieces manufactured in separate orders – with respect to colouring, and precision detailing of handmade processes such as wood carving, ceramics, foundry and other metalwork, for the technical reasons listed above. PLAISANCE works every day to enhance product’s quality, aesthetics, usability and reliability.

 

   8. PRODUCT SUITABLE APPLICATIONS 

8.1 Climatic conditions, including heat, light and humidity levels, within the user’s environment, can affect fabric and wood, and may lead to fading, stretching, shrinking or other damage.

8.2 The selection of furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the CLIENT and PLAISANCE shall have no liability for such selections.

 

   9. PRICING

9.1 PLAISANCE official Pricelists are public, and all prices of each PRODUCT are displayed in points.

9.2 PLAISANCE Price Lists substitute any other published or advertised before, so it must be consulted prior to the order.

9.3 Prices are subject to change and will be as quoted on PLAISANCE official pricelist at the time of the agreement.

9.4 All prices are retail prices, and do not include VAT, or any other taxes and duties. The official Pricelist includes the shipping costs to PLAISANCE OWN SHIPPING ROUTE. For other countries the price has to be reviewed with a REPRESENTATIVE.

9.5 PLAISANCE reserves the right of applying VAT costs in all relevant cases, and legal taxes and fees must be subsequently added to the retail price.

9.6 Standard packaging is included in all products prices. If the CUSTOMER requires specific packaging, it will be charged accordingly.

9.7 For products with electrical components, CUSTOMER should inform PLAISANCE of the final destination country in the so components can be suitable in accordance with the standards of the country.

9.8 The CUSTOMER cannot derive any rights from any information provided by PLAISANCE with regard to an offer, catalogue, leaflet, pricelist, etc.

9.9 PLAISANCE reserves the right, without prior notice, to discontinue products or change specifications and prices on products.

 

   10. PAYMENT POLICY & DISPATCH

10.1 Prior to the start of the production and/or delivery of the products, PLAISANCE requires a % advance payment deposit of the total amount, to settle all standard orders. The remaining final balance is required once the order is completed and prior to shipping from Portugal.

10.2 For Custom / Bespoke orders and for Stock Orders, an advanced payment deposit of the total amount is required.

10.3 Reservations are allowed for Stock products only. It requires an advance payment of 10% of the total amount of the Product. Reservations’ payments are non-refundable.

10.4 The CUSTOMER must make each payment via bank transfer or cashier’s check as indicated on the ORDER form. The CUSTOMER is advised to confirm PLAISANCE’s bank details prior to making any payment, and it is also advised to send proof of the payment to the designated REPRESENTATIVE.

10.5 An Order Invoice for each PURCHASE is emitted and sent to the CUSTOMER, once the remaining balance is cleared.

10.6 All alterations to the Invoice in terms of billing details, and other relevant information, should be requested prior to clearing the order balance.

10.7 The purchased PRODUCTS may be dispatched once the PURCHASE final balance is cleared with the complete payment of all amounts due by the CUSTOMER to PLAISANCE.

 

   11. SHIPPING POLICY

11.1 Shipping Services are available upon request to PLAISANCE for other countries other than it’s OWN SHIPPING ROUTE. Shipping services are charged in separate from Product orders. Quotes for Shipping Services are sent via Pro-Forma invoice and valid for 10 working days since the date of issuance.

11.2 PLAISANCE has it’s OWN SHIPPING ROUTE available for the following countries – Spain, France and Belgium, its cost is included in the Official Pricelist.

11.3 When on behalf of the CUSTOMER, the loading, transport, logistics, custom clearance, insurance, unloading or installation of the piece at the place of destination is the entire responsibility of the CUSTOMER. PLAISANCE will be free of any charges or responsibility over events, loss, or any and all damages, during or after transport or installation.

11.4 All transportation services requires the receiver of the goods to verify their status with the carrier upon delivery. The POD must be signed with reservations subject to verification with / without apparent damage and provided to PLAISANCE whenever requested.

11.5 Ownership of the product transfers to the CUSTOMER upon the freight carrier taking possession of the order for transport.

 (For Shipping Claims, consult 16. WARRANTY & DAMAGE CLAIMS).

 

   12. PRODUCT WAREHOUSE & STORAGE FEES

12.1 PLAISANCE reserves the right of applying a storage fee for all PRODUCTS that remain in the shipping warehouse for more than 10 working-days since the notification that the final balance is due, and/or shipping arrangements have not been made within 10 working-days after CUSTOMER being informed that the order is ready to dispatch.

12.2 Storage fees may be applied up to the total invoice amount if the remaining balance is not paid in full in 10 working-days after CUSTOMER being informed that the order is ready to dispatch.

12.3 Only after the payment of such fees can the Order can be picked up by the CUSTOMER.

 

   13. LEAD TIMES

13.1 The standard production lead time for PLAISANCE pieces is 6 weeks. The lead is triggered on the date the advanced payment is received. Delivery time is not included.

13.2 Lead time for large quantities’ orders, orders with 1 or more personalized/custom-made products, prototypes products and/or bespoke, it demands a case-by-case review. PLAISANCE reserves the right to adjust the time of delivery accordingly. It must be agreed previously and accepted in writing agreement between all parties.

13.3 For custom orders, PLAISANCE starts the stipulated lead time once the technical drawing is confirmed and sent to the REPRESENTATIVE, and the reception of the upfront payment.

13.4 PLAISANCE offers an Express Order Service for products, whose order lead time is reduced to a shorter period. This service is applicable to most pieces, and it is subject to product availability.

 

   14. STOCK LIST

14.1 PLAISANCE hold stock of some products. The Stock list is provided directly via email by the REPRESENTATIVE.

14.2 The Stock Lists available are often updated so CUSTOMER should confirm with a REPRESENTATIVE whether the products are available.

14.3 Reservations are allowed for Stock products only. It requires an advance payment of 10% of the total amount of the Product and it will be valid for 15 working-days since the day the payment is received. Reservations’ payments are non-refundable.

 

   15. HOSPITALITY / CONTRACT ORDERS

15.1 PLAISANCE has industrial capacity to customize standard products and/or new products to meet contract specifications and requirements.

15.2 Contract Orders require special pricing and delivery time based on quantity and features. PLAISANCE reserves the right to set the official quote accordingly and to adjust the time of delivery accordingly.

15.3 PLAISANCE offer CUSTOMERS the possibility of negotiating a supply agreement, of which a draft should be requested to the REPRESENTATIVE. Terms, conditions and responsibilities are proposed case-by-case at PLAISANCE’s discretion and are agreed by both parties, and should be signed prior to any PURCHASE.

 

   16. WARRANTY & DAMAGE CLAIMS

16.1 PLAISANCE shall be liable for material defects in accordance with the applicable legal provisions. Additional warranty from PLAISANCE’s suppliers’ is only applicable if stated in the respective article invoice.

16.2 Every claim is assessed case-by-case by PLAISANCE’s Customer Care Service. Should any issue with the products received be detected, a written claim must be submitted to the REPRESENTATIVE and PLAISANCE Customer Care service (at contact@plaisance.pt) within 2 working days after the reception of the products. After this period, PLAISANCE reserves the right to decline any responsibility on the conditions of the goods.

16.3 PLAISANCE’s strongly advises CUSTOMERs to verify if damages are perceptible on the package and/or the crates upon delivery in order to check for unconformities in the conditions of the goods.

16.4 The original packaging of the products must be kept. In case a claim is submitted, the packaging must be kept during the period in which the claim is settled.

16.5 If the collection or return of any item is needed and the original packaging was not kept, the client shall be responsible for all costs and procedures necessary for the item to be in shipping conditions. PLAISANCE shall not be liable in any way for the replacement, acquisition, or any other costs related with the replacement of the original packaging, boxes or crates.

16.6 Damaged products being returned must be in the condition in which they were received by the CUSTOMER. The products must be well accommodated to avoid extra damages. The CUSTOMER must not attempt to modify, handle, install or repair them. 

16.7 PLAISANCE compromises to offer the client a solution proposal within 5 working days of the claim registration and all information requested by the Customer Care service is cleared.

16.8 The CUSTOMER is advised to check and photograph all pieces ordered, upon their arrival. All claims must be accompanied by photographic or video evidence that support the client’s complaint, in which all the products, correspondent crates and/or boxes and issues claimed are clearly showed, and a written detailed description.

16.9 PLAISANCE ensure the repairing or replacement of the components detailed in the claim submission form. PLAISANCE strongly advise to storage the products in good conditions. All other damages not included in the claim submission will not be covered under PLAISANCE warranty, and may be subjected to an upcharge.

16.10 PLAISANCE reserves the right to refuse any item repairing, pick-up or delivery, from any location other than the original shipping address. Any transportation of the product from destination to a second location will forfeit any transportation damage claim.

16.11 When claims occur, PLAISANCE exchange information with the CUSTOMER of the related purchase. PLAISANCE reserves the right to not share information or deal with other entities or persons besides the CUSTOMER.

16.12 PLAISANCE is not responsible for claims from orders placed to other entities, agents, showrooms, or any other beyond PLAISANCE’s reasonable control, besides an official REPRESENTATIVE of PLAISANCE.

16.13 PLAISANCE’s reserves the right to decline responsibility if: a. The claim is presented after the 2 working day period, or is not accompanied by the mandatory information mentioned in 5 working days; b. The claimed products were altered out or any way tempered with, either by the client or by a third party, without PLAISANCE’s consent; c. The products show clear signs of regular use.

SHIPPING CLAIMS

16.14 Claims for defects as a result of the shipping process handled by the CUSTOMER, are not covered under PLAISANCE’s warranty. PLAISANCE is not responsible for a CUSTOMER’s own or third party freight damage and claim. In these cases, PLAISANCE is committed to finding a suitable solution with the CUSTOMER.

16.15 In the case of EX-WORK shipping, PLAISANCE is not liable for damage sustained in transit cargo. In the case of DAT/DAP/DDU/DPU shipping, please note that before signing the merchandise delivery document, the CUSTOMER is required to confirm if the package has any perceptible damages. If damages are perceptible on the package, the CUSTOMER should mention “subject to verification” in order to safeguard any eventual damages to the merchandise and file a claim under the insurance policy.

16.16 When on behalf of PLAISANCE, should visible or concealed damage occur in transit, immediately notify the delivering carrier with initial notification of intent to file a claim. Failure to report, or to provide written claim for any damage or loss within 2 working days of the delivery will automatically release PLAISANCE for any liability for damage sustained in transit cargo.

16.17 The CUSTOMER may claim warranty on defects that result from mishandling in the shipping process, up to 2 working days after receiving an order. As a result, the CUSTOMER is advised to check and photograph all pieces ordered, upon their arrival. All claims related to shipping, must be accompanied by the signed POD, photographic or video evidence that support the client’s complaint, in which all the products, correspondent crates and/or boxes and issues claimed are clearly showed, and a written detailed description.

16.18 Proving that any damage in the piece caused by quality requires replacement, PLAISANCE compromises to exchange the damaged part or complete product(s) within a period agreed with the CUSTOMER. It is MANDATORY that PLAISANCE collects the damaged part or complete piece(s) to replace it by new one(s).

 

   17. ORDER CANCELATTION OR MODIFICATION – WITHDRAWAL

17.1 Prior to the start of the production and/or delivery of the products, PLAISANCE requires an advance payment for every order. Products are manufactured upon the confirmation of deposit.

17.2 Should the CUSTOMER need to modify a requested article, its finish or quantity, or correct any errors in the order, specified in the official Pro-Forma invoice, following its corresponding order placement, the CUSTOMER should follow the instructions suggested by the Customer Care service at contact@plaisance.pt.

17.3 PLAISANCE reserves the right to charge for any alterations made to the order, 2 working days after its payment confirmation is received.

17.4 To exercise the right of withdrawal, the CUSTOMER must contact Customer Care at contact@plaisance.pt.

17.5 Cancellations are accepted within 48h after the deposit of the first advance payment. Any and all cancellation requests will not be accepted after that period.

17.6 PLAISANCE reserves the right to retain 30% of the total amount of the Product by the CUSTOMER for all Standard Orders. The same is applied for Custom / Bespoke orders if a Technical drawing was not sent from the REPRESENTATIVE to the CUSTOMER. (This point is applicable for new customers.)

17.7 For Custom / Bespoke orders, if the Technical drawing has been sent from the REPRESENTATIVE to the CUSTOMER, PLAISANCE reserves the right to retain 30% of the total amount deposited by the CUSTOMER. The same is applied for Stock Orders.

17.8 Cancellations will not be accepted of any Custom / Bespoke orders if a Technical drawing is approved and confirmed by the CUSTOMER and/or the production started. PLAISANCE reserves the right to refuse the return or refund of any Custom / Bespoke item.

17.9 PLAISANCE reserves the right to complete a refund or make an item replacement, only once the original item has been delivered to its designated warehouse and verified for damage.

17.10 PLAISANCE is also reserved the right to refuse or deduct credit from a refund in cases where the original item is not returned in pristine condition. All products must be returned in their original packaging (box, accessories, protection, leaflets, etc.) and must be accompanied by the purchase invoice.

 

   18. FORCE MAJEURE

18.1 PLAISANCE shall not be responsible and/or liable for any damages or loss, completion, shipment, or default in delivery towards the CUSTOMER caused by beyond PLAISANCE’s reasonable control, but not limited, to a) government action, war, riots, civil commotion, embargoes or martial laws, strikes, trade union conflicts, accidents, lock outs, terrorism, (b) Manufacturer’s shortage or absence of raw material, delays on the part of suppliers sources or forwarders, (c) shortage of labour, production, or other contingencies of manufacture; (d) shortage of transportation facilities or other delays in transit, (e) fire, flood or other casualty; as a result of which PLAISANCE is not able to fulfil its activities and/or obligations under the agreement.

 

   19. INTELLECTUAL PROPERTY/CONFIDENTIALITY

19.1 PLAISANCE may reasonably use the photos of the product for the promotion of its own activities and publicity.

19.2 The CUSTOMER acknowledges and agrees upon that the PRODUCT without prior written approval of and agreement with PLAISANCE, may not be duplicated, copied, published and/or used for any commercial, marketing or advertising activity or any other purpose than foreseen in the agreement. In case of any agreed use of the work by the CUSTOMER, the client shall expressly and in a clear manner mention the name of PLAISANCE as the designer of the work.

19.3 PLAISANCE’s products are not allowed to be used for commercial, marketing or advertising activity when the entities are not in the possession of the corresponding products.

19.4 Without prejudice of claiming damages and/or compensation by PLAISANCE a violation of this article shall rise a penalty to be charged accordingly, with immediate effect, and not subject to any judicial intervention, per violation and/or per day during which the violation continues.

19.5 The CUSTOMER undertakes to keep the agreement, the terms of the agreement and all information exchanged with PLAISANCE strictly confidential, throughout its validity period and afterwards, without time limit.

 

   20. LIABILITY

20.1 PLAISANCE shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the goods.

   21. AMENDMENTS AND UPDATES

21.1 The General Terms and Conditions may be amended from time to time due to new laws and regulations or other reasons. The new Terms and Conditions shall be effective as of the date of publication on plaisance.pt and shall therefore apply to orders submitted after that date.

(Last update 10 February 2021)