Terms & Conditions
In this document, “we”, “our”, or “us” refer to Avelã White.
We own and operate this website https://www.avelawhite.com/, referred to as the “Site” and deliver various services and products outlined on our Site.
By placing an order with us you acknowledge that you have read and understand these Terms and conditions and agree to comply with them at all times.
Goods and Services
We offer a range of digital services, collectively referred to as the “Services”. These Services include, but are not limited to, the design of individual websites and customization of personal wedding website templates with the purpose of providing the information about your wedding to your guests, collecting attendance confirmations (RSVP), managing wedding registries etc. Our Services also extend to, managing guest lists, and designing both digital and print stationery. Additionally, as part of our Services, we offer paper stationery, though these items are not produced in-house.
It is our responsibility to provide services that match the description on our Site, and we exert every effort to display the specifications, descriptions, features, images, and details of all Services as accurately as possible. However, we cannot warrant that all the specifications, descriptions, features, images, and details will be wholly accurate and complete, and that your electronic display will accurately reflect the actual colors and other details of the Services. We reserve the right to modify the range of Services and their prices at any time.
Intellectual Property
The content displayed and made available on our Site, including text, logos, databases, documents, website designs, and other materials contributing to the composition of our Site is the exclusive property of Avelã White and may not be replicated, distributed, or used in any manner without the prior written consent of Avelã White.
However, on our Site and within our Services, we also use images under Creative Commons Zero (CC0) licenses, which means these images can be used without requiring prior permission from copyright owners, who have waived their copyright protection rights.
Although there are no rights reserved on some images used in our Services, Avelã White will not provide their sources or high-resolution files containing these images. The same applies to the fonts we use in our Services. Even though some may be in the public domain, we will not disclose their names, as we have invested significant time in handpicking both images and fonts.
Avelã White reserves the right to use any print stationery design created for you in promoting our Services by displaying the related images in our portfolio, blogs, and social media platforms, both online and in print. However, we will strictly maintain the confidentiality of your contact details and ensure they are not shared with third parties.
In we are engaged by you under the Foundation digital package, you grant us the right to use the digital website template customized for your wedding in promoting our services, including displaying the design in our portfolio, blogs, and social media platforms. This is because your wedding website will be based on our semi-custom template collection, over which we reserve intellectual property rights. While we maintain strict confidentiality regarding your contact details, you consent that your names, venue information, and images may be published. Under no circumstances will your images be used by us for commercial purposes.
In we are engaged by you under either the Core or the Complete digital package, you will be provided with an option in the contract to prohibit us from using your personal wedding website for promotional purposes. This is because your wedding website will be uniquely designed for you based on your individual instructions given to us, and full intellectual property rights will be assigned to you under the contract. Consequently, you will have the authority to decide how your wedding website can be used.
Fees & Payments
The Fees for the Services provided will be outlined in the proposal. You agree to pay these Fees, along with any processing or associated charges imposed by your issuing bank or payment provider and any legally applicable taxes, including VAT.
Upon signing a contract for any digital Services under the Core or Complete wedding packages, a non-refundable booking fee of 10% of the total fee will be charged. The Services will not be considered reserved until Avelã White has received this booking fee.
The payment schedule varies depending on the scope of your contract:
Foundation Package: A 50% initial deposit of the total fee is due to commence work on your project. The remaining 50% balance is due once the website design is approved by you, but before it is published. Avelã White will not transfer rights to the website or publish it until this final payment is received.
Core and Complete Packages: After the 10% booking fee, a second deposit of 50% of the total fee is due upon receipt of required information from you, which will be submitted through forms and spreadsheets provided by us. Avelã White will not proceed with processing and incorporating your information into the website until this deposit is received. Once the website design is approved by you for publication, but before the launch, a third deposit of 20% is required. The final payment of 20% is due upon publication of your website, but no later than the wedding day.
For custom design of printed stationery or other deliverables in physical form, we require a 50% deposit upfront before commencing work on your project. Avelã White is under no obligation to start the design process until this deposit is received. The remaining 50% balance is due upon your approval of the design for printing. Under no circumstances will Avelã White send the print-ready files into production until this final payment is received.
Payment Methods
Our Site does not facilitate the collection of payments. You can make payments to us via direct bank transfer using the bank details specified in the invoices provided to you, or through a secure online payment system using your credit or debit card. Fees for our services are charged in Euro. All related bank charges should be borne by you in full.
Refund policy
Given the digital nature of our services, all sales are considered final. In the event of your wedding being cancelled for any reason, all payments made to us until that date will not be classified as unearned fees, and under no circumstances will refunds be issued for any milestone payments made. However, should your wedding be cancelled due to circumstances beyond your control, including force majeure events, you will have the right to terminate our contract prior to the due date of any subsequent milestone payment. 10% booking fee is strictly non-refundable under all conditions.
Delivery
In case you order printed stationery from us, the utmost care will be taken in packaging it. Orders can be shipped worldwide via DHL courier services, and your signature will be required upon delivery. Delivery arrangements will be explicitly discussed with you. Delivery fees and charges are additional and not included in the prices for printed stationery.
Liability and Indemnity
In no event will Avelã White, our affiliates, agents, suppliers, or licensors be liable for indirect, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Avelã White has been advised of the possibility that such damages may arise.
In no event will any liability of Avelã White or our affiliates, agents, suppliers, and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms shall exceed the amount paid by you to Avelã White for the particular Service to which the claim relates.
Force Majeure
Avelã White, its affiliates, shall not be liable, nor deemed to be in default, for any delay or failure in performance, or interruption of the provision of the Services, that may result directly or indirectly from any cause or circumstance beyond our reasonable control. This includes, but is not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other connectivity issues, computer viruses, unauthorized access, theft, operator errors, earthquakes or other natural disasters, strikes or other labor issues, wars, or governmental restrictions, which directly affect the provision of Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, such finding will not affect the validity or enforceability of the remaining Terms. Instead, the Terms will be interpreted and enforced as if the invalid or unenforceable provisions were not included.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Portugal. The parties irrevocably agree that the Portuguese courts shall have exclusive jurisdiction to resolve any disputes arising from, related to, or in connection with these Terms or the legal relationships established by them. For such purposes, all disputes shall be irrevocably submitted to the jurisdiction of the Portuguese courts.
Furthermore, Avelã White reserves the right to initiate proceedings related to the substance of the matter in the courts of your country of residence.
Changes
These Terms are subject to amendment periodically to ensure legal compliance and to accurately reflect modifications in the operation of our Site and the provision of our Services.
Notices
All notices to Avelã White must be delivered in writing. Please direct such notices to the attention of Mrs. Ekaterina Vinogradova, VAT No. 317492322, at our email address: hello@avelawhite.com.
Privacy policy and Cookie Policy
We respect your privacy. The information you provide about yourself will be used in accordance with our Privacy Policy. By visiting our Site, you agree to the use of cookies.
Third-Party Content
Our Services may include links to external websites, articles, images, and applications from third parties. We do not endorse or assume responsibility for the accuracy or privacy practices of these external sites and content. Use of any third-party content, including online marketplaces, social media platforms, news sources is at your own risk, and you should review their terms and policies.
Term and termination
This Terms shall remain in full force and effect while you use the Services.
Last Updated: 29.01.2024