1. Purpose
These Terms & Conditions set out the rules applicable to browsing the website, accessing the information made available on it and contracting or using services and experiences provided by Terracotta Ceramic Cafe.
These terms apply in particular to table bookings, workshops, creative experiences, events, information requests, gift cards, orders and all other commercial interactions carried out through or based on the website.
2. Company information
The services and website are operated by the following entity:
- Cumeada Em Flor - Lda
- Tax number: 519086031
- Registered address: Rua Estados Unidos da América, Edifício K8, Bloco D, 2º B, 9000-090 São Martinho, Funchal, Madeira, Portugal
- Physical venue: Terracotta Ceramic Cafe, Rua dos Netos 53, 9000-084 Funchal, Madeira, Portugal
- Website: https://terracotta-ceramic-cafe.pt
- Contact email: terracottamadeira@gmail.com
- Phone: +351 912 863 223
3. Use of the website
The user undertakes to use the website lawfully, diligently and in accordance with applicable Portuguese and European legislation, refraining from any acts that may prejudice the rights, interests or security of Terracotta Ceramic Cafe, other users or third parties.
The use of the website for fraudulent, abusive, defamatory, unlawful purposes, purposes contrary to good faith or purposes likely to compromise its availability, integrity, normal functioning or reputation is prohibited. Terracotta Ceramic Cafe may restrict or suspend access to the website in the event of misuse, without prejudice to any other rights available by law.
4. Reservations
Reservations made through the website are subject to availability, venue capacity, opening schedule and the specific conditions of each service, experience or event. Terracotta Ceramic Cafe reserves the right to refuse, reschedule or cancel reservations for operational, safety, capacity, force majeure or manifest data accuracy reasons.
The user must provide complete, current and accurate details when making a reservation. Confirmation of a reservation may depend on manual validation, email confirmation, telephone contact or integration with third-party booking platforms. The submission of a reservation request does not automatically amount to final acceptance where subsequent confirmation is required.
5. Participation in workshops
Participation in workshops, creative experiences, ceramic cafe activities and in-person events requires compliance with the instructions provided by the Terracotta Ceramic Cafe team, including safety rules, proper use of materials, respect for the premises and consideration for other participants.
Whenever workshops or experiences involve minors, the booking must be made by a parent, guardian or other legal representative. Terracotta Ceramic Cafe may condition or refuse participation by any person engaging in improper, dangerous, discriminatory, aggressive or otherwise incompatible behaviour with the normal running of the activity, without this automatically conferring a right to a refund except where mandatory law provides otherwise.
6. Payments
Prices shown on the website, where applicable, are indicated in euros and correspond to the amount displayed at the time of consultation, and may be changed at any time for future bookings or services, without prejudice to bookings already confirmed under the terms accepted by Terracotta Ceramic Cafe.
Payment for services, bookings, experiences, events, orders or gift cards may be required in advance, in part or in full, depending on the type of service, date, applicable commercial policy or the specific conditions communicated to the customer. Unless expressly stated otherwise, the existence of a reservation does not exempt the customer from payment when due. Terracotta Ceramic Cafe may rely on external providers for operational support relating to bookings or payments, without prejudice to consumer rights under applicable Portuguese law.
7. Cancellations
Cancellation requests initiated by the customer must be communicated as early as possible by email, telephone or through the channel used for the booking, and remain subject to the specific policy applicable to the reserved service, the preparation stage of the activity and the possibility of refilling the place or table.
Where the cancellation concerns workshops, experiences, events or reservations with limited capacity, Terracotta Ceramic Cafe may set minimum deadlines for cancellation without charge, issuance of credit or rescheduling, which will be communicated to the customer where applicable. Failure to attend without prior notice may be treated as a no-show and may imply loss of the amount paid or deposit made to the extent permitted by law.
8. Refunds
Refunds, where due, will be assessed on a case-by-case basis, taking into account the nature of the service, the timing of cancellation, costs already incurred, the possibility of rescheduling and the mandatory consumer rights laid down in applicable Portuguese law.
As a rule, no full refund will be granted where the reserved service consists of an activity to be supplied on a specific date or within a specific period, except where cancellation is attributable to Terracotta Ceramic Cafe or another situation in which the law requires a different outcome. Wherever possible and reasonable, Terracotta Ceramic Cafe may propose rescheduling, a voucher or credit instead of an immediate monetary refund, without prejudice to non-waivable consumer rights.
9. Customer responsibility
The customer is responsible for the accuracy and updating of the details provided, for complying with the instructions of the team, for using materials, equipment and facilities diligently, and for adopting respectful behaviour compatible with the environment of the venue.
The customer shall be liable for damage caused by negligent, wilful or improper use of the premises, equipment, materials provided or the website, as well as for any loss resulting from false, incomplete or misleading information supplied in connection with a reservation, order or participation in an activity.
10. Company liability
Terracotta Ceramic Cafe undertakes to provide its services with diligence, good faith and in accordance with reasonable standards of quality, safety and organisation, without prejudice to limitations arising from the artisanal, in-person and dynamic nature of some activities and experiences.
To the fullest extent permitted by law, Terracotta Ceramic Cafe shall not be liable for indirect damages, loss of opportunity, loss of profit, failures attributable to third parties, temporary website interruptions, unavailability of external platforms, delays in electronic communications or situations beyond its reasonable control. Nothing in these Terms & Conditions excludes or limits liability that cannot lawfully be excluded under Portuguese law.
11. Intellectual property
Unless expressly stated otherwise, all website content, including text, design, imagery, visual identity, logos, photographs, illustrations, videos, graphics, content arrangement and other distinctive elements, belongs to Terracotta Ceramic Cafe or to third parties who authorised its use, and is protected by intellectual and industrial property rights.
The reproduction, distribution, public communication, modification, extraction, reuse or exploitation, in whole or in part, of website content without the prior written express authorisation of the relevant rights holder is prohibited, except where legally permitted.
12. Data protection
The processing of personal data carried out in connection with the website and the services is subject to the GDPR, Portuguese Law no. 58/2019 and the remaining applicable Portuguese data protection legislation. Detailed information on data categories, purposes, legal bases, retention periods, data subject rights and contact details is available in the website Privacy Policy.
By making bookings, requests or using forms, the user acknowledges that their data may be processed to the extent necessary for the management of the contractual, pre-contractual, administrative and operational relationship associated with the requested service.
13. Force majeure
Terracotta Ceramic Cafe shall not be liable for non-performance, delay, alteration or impossibility of providing services where this results from force majeure, unforeseen events or external circumstances beyond its reasonable control, including, without limitation, natural disasters, fires, strikes, widespread power or communications failures, acts or orders of public authorities, public health emergencies, accidents, serious supply chain disruption or the unavailability of essential service providers.
In such situations, Terracotta Ceramic Cafe will seek, whenever reasonably possible, to inform the customer and present an alternative solution, namely rescheduling, credit or proportionate refund, where applicable and legally required.
14. Applicable law
These Terms & Conditions are governed by Portuguese law, including the rules applicable to consumer protection, distance contracts where legally relevant, electronic commerce, civil liability, intellectual property and personal data protection.
15. Competent jurisdiction
Without prejudice to mandatory consumer protection rules and any legally available out-of-court dispute resolution mechanisms, disputes arising from the interpretation, validity or performance of these Terms & Conditions shall be submitted to the competent Portuguese courts.
Where the law so permits, the courts of the District of Funchal shall have territorial jurisdiction, with express waiver of any other. If the user is a consumer and benefits from another mandatory forum, the applicable legal regime shall prevail.
16. Modifications to the terms
Terracotta Ceramic Cafe reserves the right to amend or update these Terms & Conditions at any time, namely to reflect legislative, operational, technical or commercial changes. The version in force shall be the one published on the website on the date of use of the service or completion of the booking, unless mandatory law requires a different solution.
Whenever a change is materially relevant and applicable to ongoing relationships, Terracotta Ceramic Cafe will seek to adopt reasonable information measures. Users are advised to consult this page periodically.