STANDARD TERMS AND CONDITIONS

1. SCOPE

1.1 Made To Last Lda. is a legal entity registered in Portugal, under Portuguese Law.

1.2 Made To Last Group sells products covered by the “Stylish Club & Prime Design” trademarks worldwide.

1.3 Every product, drawing, sample, design, sketch, or product whatsoever designed, created, or produced by Made To Last– 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 Made To Last employee, with an official @stylishclub.pt @madetolast.pt @primedesign.com.pt email address. The CUSTOMER enters into a legal transaction with Made To Last through the REPRESENTATIVE.

1.7 The Terms and Conditions are applicable to all transactions of Made To Last, including but not limited to the following activities: Sales of Goods, Design Services, Product Assembly and Fitting.

1.8 The DATE OF PURCHASE is to be understood as the date that the product is being shipped for the client.

1.9 Made To Last reserves the right to not enter into a legal transaction with a CUSTOMER at its own discretion;

1.10 Made To Last may modify these Terms and Conditions at any time. By entering into a legal transaction with Made To Last, the CUSTOMER accept the Terms and Conditions in force at the DATE OF PURCHASE.

1.12 The Terms and Conditions are published and updated on Made To Last official website (www.madetolast.pt) and on the official Pricelists for consultation.

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). A credit application accompanied by the client’s certificate of resale is required to open an account. Open credit terms will be considered on an individual basis, after the first pro-forma order.

3. PRODUCT ORDERS

3.1 There are no required minimums when purchasing Made To Last products. This condition doesn´t apply to agents and suppliers.

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 Made To Last 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 Made To Last 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

4.1 Made To Last offers a Design Service to customize its products to meet customers’ needs and specifications. Additionally, Made To Last 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. Made To Last reserves the right of setting the valid period and price of a custom-made product official quote accordingly.

4.3 An official signature and company stamp from the CUSTOMER is required for all technical drawings / schemes associated with any personalized Custom / Bespoke product.

4.4 Lead time for Custom / Bespoke products is proposed case-by-case at Made To Last discretion. The lead-time begins when the REPRESENTATIVE confirms the reception of the signed technical drawing / scheme by the CUSTOMER.

4.5 Made To Last 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 signed 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 Made To Last. 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. Made To Last takes no responsibility for the selection of fabrics chosen by the CUSTOMER.

5.3 Made To Last assumes all COM received have been inspected and are ready for use. Made To Last 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. Made To Last 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 Made To Last reserves the right, without prior notice, to discontinue products or change specifications on products.

6.2 Made To Last attempt to ensure that information on madetolast.pt stylishclub.pt and primedesign.com.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 www.stylishclub.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 Made To Last 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, Made To Last 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.

6.5 Products may have slight variations in measurements up to a limit of 5mm

7. HANDMADE PRODUCTS & RAW MATERIALS

7.1 Made To Last products are one-of-a-kind handcrafted pieces. Each product has its own unique attributes which are impossible to replicate identically from piece to piece due to the human factor of the finest craftsmanship.

7.2 Due to the nature of Made To Last 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 the manufacturer will make every effort to match a finish and/or texture, no guarantee can be made of an exact match. The manufacturer does not guarantee finishes against fading and oxidizing.

7.4 All PRODUCTS featuring brass elements will need to be properly cared for and polished over time. Due to the porous nature of brass, it is common to have slight, unavoidable discrepancies in the metal upon production completion. Foundry products may vary in weight because of the nature of the process.

7.5 Made To Last 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. Made To Last works every day to enhance the 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 Made To Last shall have no liability for such selections.

9. PRICING

9.1 Made To Last official Pricelists are public, and all prices of each PRODUCT are displayed in EURO.

9.2 Made To Last 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 Made To Last official price list at the time of the agreement.

9.4 All prices are retail prices and do not include VAT, or any other taxes, duties and related shipping costs.

9.5 Made To Last reserves the right of applying VAT costs in all relevant cases, and legal taxes and fees must be subsequently added to the retail price. Made To Last apply a separate price policy for purchases made from USA accounts;

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

9.7 All prices and transactions are EX WORK from Portugal, and therefore do not include any transportation cost or associated fees.

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

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

10. PRODUCT / TRANSACTION CERTIFICATION & TECHNICAL DOCUMENTATION

10.1 Certification on products and transactions, as well as other technical documents, are available upon request prior to order placement and may be subject to issuance fees.

11. PAYMENT POLICY & DISPATCH

11.1 Prior to the start of the production and/or delivery of the products, Made To Last requires a 50% 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.

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

11.3 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.

11.4 The CUSTOMER must make each payment via bank transfer as indicated on the ORDER form. The CUSTOMER is advised to confirm Made To Last bank details prior to making any payment, and it is also advised to send proof of the bank transfer to the designated REPRESENTATIVE.

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

11.6 All alterations to the Invoice in terms of billing details, and other relevant information, should be requested prior to clearing the order balance. All alterations required once a Final Invoice is submitted will be subject to an administrative fee.

11.7 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 Made To Last.

12. SHIPPING POLICY

12.1 All prices and transactions are EX WORK, and therefore do not include any transportation cost or associated fees.

12.2 When on behalf of the CUSTOMER, the loading, transport, logistics, customs clearance, insurance, unloading or installation of the piece at the place of destination is the entire responsibility of the CUSTOMER. Made To Last will be free of any charges or responsibility for events, loss, or any and all damages, during or after transport or installation.

12.3 Shipping Services are available upon request to Made To Last. 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.

12.4 When the Shipping Quote is requested to Made To Last and sent to the CUSTOMER before the advance payment of the Products, Made To Last is committed to considering the cost of the Pro-forma invoice sent previously.

12.5 All transportation services require 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 Made To Last whenever requested.

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

12.7 For orders with a final destination outside Europe, Made To Last reserves the right to issue the DU (export document) with an additional fee per invoice. For orders with a final destination in the United States, Made To Last reserves the right to issue the DU (export document) with an additional fee per invoice.
(For Shipping Claims, consult 17. SHIPPING CLAIMS)

13. PRODUCT WAREHOUSE & STORAGE FEES

13.1 Made To Last 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.

13.2 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.

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

14. LEAD TIMES

14.1 Made To Last settles a special lead time of 6 weeks for exclusive requests to please demanding requirements and to fulfil customer’s needs. Made To Last reserves the right to adjust the lead time upon submission and evaluation of the request and production availability.

14.2 In orders which include more than one item from different collections is applicable to the highest lead time for the total order. Lead times for orders of large quantities must be agreed previously and accepted in writing an agreement between all parties.

14.3 Lead time for orders with 1 or more personalized/custom made products, product prototypes, and bespoke products, that may include any change or adjustment on Made To Last standard products, it demands a case-by-case review. Made To Last reserve the right to adjust the time of delivery accordingly, starting with a minimum of 16 weeks lead time for Custom and Bespoke orders.

14.4 For custom orders, Made To Last starts the stipulated lead time, once the technical drawing is signed and sent to the REPRESENTATIVE, and the reception of the upfront payment.

14.5 Made To Last offers an Express Order Service, where the order lead time is reduced to a shorter period, agreed between the CUSTOMER and the REPRESENTATIVE. This service is applicable to most pieces, but it is subject to availability and production capacity.

14.6 Made To Last reserves the right of applying an upcharge for an Express Order Service when on behalf of the Made To Last, upon agreement with the CUSTOMER.

15. HOSPITALITY / CONTRACT ORDERS

15.1 Made To Last 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. Made To Last reserves the right to set the official quote accordingly and to adjust the time of delivery accordingly.

15.3 Made To Last 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 Made To Last discretion and are agreed by both parties, and should be signed prior to any PURCHASE.

16. WARRANTY & DAMAGE CLAIMS

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

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

16.3 Made To Last strongly advises CUSTOMERs to verify first if damages are perceptible on the package, and then verify all 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. Made To Last shall not be liable in any way for the replacement, acquisition, or any other costs related to the replacement of the original 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 Made To Last 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 supports the client’s complaint, in which all the products, correspondent crates and/or boxes and issues claimed are clearly shown, and a written detailed description.

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

16.10 Made To Last 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, Made To Last exchange information with the CUSTOMER of the related purchase. Made To Last reserves the right to not share information or deal with other entities or persons besides the CUSTOMER.

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

16.13 Made To Last 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 tampered with, either by the client or by a third party, without Made To Last consent; c. The products show clear signs of regular use.

17. SHIPPING CLAIMS

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

17.2 In the case of EXW shipping, Made To Last is not liable for damage sustained in transit cargo. In the case of DAP/DDU/DAT 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.

17.3 When on behalf of Made To Last, should visible or concealed damage occurs 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 Made To Last for any liability for damage sustained in transit cargo.

17.4 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 shown, and a written detailed description.

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

18. ORDER CANCELLATION OR MODIFICATION - WITHDRAWAL

18.1 Prior to the start of the production and/or delivery of the products, Made To Last requires advance payment for every order. Products are manufactured upon the confirmation of deposit.

18.2 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 customercare@madetolast.pt.

18.3 Made To Last reserves the right to charge for any alterations made to the order, 2 working days after its payment confirmation is received.

18.4 To exercise the right of withdrawal, the CUSTOMER must contact Customer Care at customercare@madetolast.pt.

18.5 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.

18.6 Made To Last 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.

18.7 For Custom / Bespoke orders, if the Technical drawing has been sent from the REPRESENTATIVE to the CUSTOMER, Made To Last reserves the right to retain 50% of the total amount deposited by the CUSTOMER. The same is applied for Stock Orders.

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

18.9 Made To Last 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.

18.10 Made To Last is also reserved the right to refuse or deduct the 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, inserts, protection, leaflets, etc.) and must be accompanied by the purchase invoice.

19. FORCE MAJEURE

19.1 Made To Last shall not be responsible and/or liable for any damages or loss, completion, shipment, or default in delivery towards the CUSTOMER caused by beyond Made To Last reasonable control, but not limited, to a) government action, war, riots, civil commotion, embargoes or martial laws, strikes, trade union conflicts, accidents, lockouts, 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 Made To Last is not able to fulfil its activities and/or obligations under the agreement.

20. INTELLECTUAL PROPERTY/CONFIDENTIALITY

20.1 Made To Last may reasonably use the photos of the product for the promotion of its own activities and publicity.

20.2 The CUSTOMER acknowledges and agrees upon that the PRODUCT without the prior written approval of and agreement with Made To Last, 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 Made To Last as the designer of the work.

20.3 Made To Last 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.

20.4 Without prejudice of claiming damages and/or compensation by Made To Last 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.

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

21. LIABILITY

21.1 Made To Last 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.

22. AMENDMENTS AND UPDATES

22.1 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 madetolast.pt stylishclub.pt and primedesign.com.pt and shall, therefore, apply to orders submitted after that date.
(Last updated 8 January 2020)

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