These terms and conditions apply to all commercial transactions carried out with TCC Whitestone LDA, with registered offices at Rua Norton de Matos 835, 4405-671 Gulpilhares, Vila Nova de Gaia, Portugal. They apply to both consumers (B2C) and businesses (B2B), with the legal distinctions duly noted throughout the document.
In the event of a conflict between these Terms & Conditions and other specific contractual documents signed between the parties, the specific agreements shall prevail only with regard to contradictory clauses. For all other matters, these Terms & Conditions shall apply.
The ordering process shall, unless otherwise contractually stipulated, follow these steps:
• Request for quote by the client;
• Submission of quote by TCC Whitestone;
• Formal acceptance of the quote by the client;
• Order confirmation by TCC Whitestone;
• Payment of deposit or total amount, as agreed;
• Start of production of the ordered items;
• Payment of the remaining balance (if applicable);
• Delivery of the products.
Acceptance of the quote constitutes a binding contractual commitment to purchase the products specified therein under the agreed terms and conditions.
All quotes provided are merely indicative and are subject to correction in accordance with final measurements, technical drawings, and specifications supplied by the client. In the event of a revised quote, only the most recent version validated by both parties shall be deemed valid, canceling all previous versions.
Any work, product, or service in addition to that set forth in the confirmed quote will be considered extra and will be invoiced separately. Extras include, but are not limited to, increases in quantities (sq ft/sq m), technical changes, materials not initially included, or requests submitted after the production process has begun.
When the client acts as a final consumer—that is, a natural person acting for purposes outside his or her commercial, industrial, craft, or professional activity—the consumer protection rules laid down in Portuguese Decree‑Law No. 24/2014 and EU Directive 2011/83/EU shall apply.
However, because TCC Whitestone’s products are manufactured to the client’s individual specifications and are clearly personalized, the right of withdrawal (right of rescission) provided for in Portuguese and European consumer‑protection legislation does not apply.
Order ChangesChanges to confirmed orders will only be accepted up to three (3) days after written confirmation. After this three‑day period, costs will be calculated based on the stage of the production process and may include:
• Costs of materials already purchased or processed;
• Labor hours already invested;
• Administrative costs for design revision;
• Any technical redesign fees.
In the event of cancellation after production has begun, TCC Whitestone reserves the right to retain all or part of the deposit already paid as compensation for costs incurred. The amount retained will be proportional to the progress of production.
Unless otherwise agreed in writing, all sales are made under EXW (Ex Works – Incoterms 2020) Gulpilhares, Portugal. The client is responsible for arranging transportation and assuming all risks and costs after the goods are made available at TCC Whitestone’s premises.
For international shipments, the client is responsible for all export and import formalities, including but not limited to:
• Payment of customs duties;
• Payment of import taxes (VAT, etc.);
• Obtaining import licenses (when applicable);
• Compliance with local certification and approval regulations.
TCC Whitestone is not liable for delays or additional costs related to customs procedures in the destination country.
The client must inspect the products at the time of delivery, in the presence of the carrier, and note any visible damage on the delivery note. Photographs of the damage must be taken before signing the delivery note to enable subsequent analysis. The absence of notes on the delivery document may compromise the right to claim for transport damage.
Delivery times indicated in the order confirmation are merely indicative and non‑binding; they cannot be invoked as grounds for contract termination, compensation, or penalties.
Orders containing more than one product may be shipped at different times. If the client requests a single consolidated delivery, supply times may be extended.
TCC Whitestone reserves the right to move finished products to an external warehouse, at the client’s expense and risk, if delivery cannot take place within the previously agreed period.
TCC Whitestone reserves the right to make technical or aesthetic improvements to its products without prior notice.
Images and descriptions in catalogs and quotes are for illustrative purposes only. Dimensions shown are approximate.
Special products (custom sizes or finishes) must be approved in advance and may have adjusted prices.
The products supplied by TCC Whitestone are natural materials and are therefore subject to variations in color, texture, veining, porosity, natural fissures, and other characteristic elements. Such features are inherent to the nature of the material and do not constitute defects.
The color and tone of natural materials may change over time, especially when exposed to outdoor environments or chemical agents; this is normal behavior of the product.
6.1. Specific Characteristics by Material Type
6.1.1. Natural Stone (Marble, Granite, etc.)
• May show significant variations in color, veining, and patterns;
• May contain small cavities, fissures, or mineral inclusions;
• Some stone types may be more susceptible to stains or liquid absorption.
6.1.2. Engineered Stone (Silestone, Dekton, etc.)
• Tone variations may occur between production batches;
• Minor differences may exist in the distribution of particles and pigments.
6.1.3. Ceramic
• May display slight dimensional variations;
• Color tone differences between pieces;
• Small variations in flatness.
6.2. Maintenance and Care
Each type of material requires specific care to preserve its appearance and functionality. TCC Whitestone will provide, when applicable, appropriate maintenance instructions for each product.
Failure to follow these recommendations may result in damage that is not considered a defect and is not covered by any warranty or liability regime.
The client must inspect the products immediately upon delivery and report in writing any defect, transport damage, or non‑conformity within ten (10) business days, via email to aftersales@tccwhitestone.com.
Failure to file a claim within this period implies final acceptance of the products.
TCC Whitestone is not responsible for claims submitted after the deadline, nor for damage resulting from installation or modification after delivery.
Shipping costs associated with returning products for technical evaluation are the sole responsibility of the client, unless otherwise agreed in writing. Products must be returned properly packaged, preferably in their original packaging.
7.1. Technical Evaluation Process
Claims relating to manufacturing defects will be assessed by TCC Whitestone’s technical team.
To enable proper analysis, the client must provide:
• Photograph of the part showing the defect;
• Serial number on the product label;
• Physical return of the part when requested by TCC Whitestone.
The estimated time to complete the evaluation is eight (8) business days from receipt of all required documentation and/or products.
If a defect attributable to TCC Whitestone is confirmed, the company reserves the right to choose between:
• Repair of the product;
• Partial or total replacement;
• Issuance of a commercial credit.
7.2. Specific Conditions for Final Consumers (B2C)
For clients acting as final consumers—understood as any natural person purchasing products for non‑professional purposes—the legal provisions of Portuguese Decree‑Law No. 84/2021 apply, with the following implications:
• The consumer has a legal warranty period of three (3) years from the delivery date to exercise rights in case of lack of conformity;
• During the first two (2) years, any defect is presumed to have existed at the time of delivery, unless proven otherwise;
• In case of non‑conformity, the consumer is entitled, free of charge, to one of the following solutions:
◦ Repair of the product;
◦ Replacement of the product;
◦ Proportional price reduction;
◦ Contract termination, under Article 16 of the aforementioned decree‑law.
Exclusion of the right of withdrawal:
Under Article 17(1)(c) of the same decree‑law and Article 16 of Directive 2011/83/EU, the consumer acknowledges that, because the products are made to individual specifications or clearly personalized, the right of withdrawal does not apply.
Therefore, after order confirmation, the purchase cannot be canceled except in the case of a duly verified manufacturing defect.
TCC Whitestone will only accept returns previously authorized in writing. Products must be returned in perfect condition, unused, properly packed, and shipped carriage paid to the company’s warehouse in Gulpilhares.
Damage caused by inadequate packaging will be the client’s responsibility.
Returns will not be accepted in the following situations:
• Customized products or products made to the client’s specifications;
• Products that have been installed, modified, or damaged after delivery;
• Products poorly packed or inadequately protected, whose packaging fails to provide sufficient protection and results in damage during transport;
• Products sent without prior authorization from TCC Whitestone.
9.1. Price Composition
Unless otherwise stated, prices:
• Do not include VAT (to be added at the legal rate in force);
• Do not include transportation, unless expressly indicated;
• Do not include installation or assembly costs;
• Do not include additional services such as on‑site measurements, custom technical drawings, or specialized technical assistance.
For international clients:
• Prices are quoted in Euros (€);
• EU companies with a valid VAT number: reverse‑charge mechanism applies;
• Companies outside the EU: Portuguese VAT exempt (subject to taxes in the destination country);
• Final consumers within the EU: VAT of the destination country applies (OSS mechanism);
• Consumers outside the EU: Portuguese VAT exempt (subject to local taxes at destination).
9.2. Special Packaging
Due to the fragile nature of the materials supplied, TCC Whitestone uses reinforced packaging, specifically designed to protect each product during transport.
These packages are an integral part of the supply and will be charged to the client, unless otherwise agreed in writing.
Payment methods and deadlines will be defined in the commercial proposal and confirmed in writing when the order is placed.
Failure to comply with payment terms will entail late‑payment interest at the legal rate in force in Portugal, currently the 12‑month Euribor plus 10 percentage points, as provided for in the legislation applicable to commercial transactions.
TCC Whitestone also reserves the right to:
• Suspend pending deliveries until overdue amounts are settled;
• Apply a fixed €40 administrative collection fee, pursuant to Article 7 of Law No. 62/2013, applicable to business clients;
• Resort to legal credit‑recovery mechanisms, including hiring specialized collection agencies or initiating judicial proceedings when necessary.
11.1. Suspension Criteria
TCC Whitestone may suspend supplies to the client, in whole or in part, in the following circumstances:
• Existence of overdue, unpaid invoices;
• Significant deterioration in the client’s financial situation;
• Breach of contractual obligations previously agreed;
• Client is subject to insolvency, reorganization, or restructuring proceedings.
This suspension may occur without further notice if TCC Whitestone considers the risk to be material.
11.2. Reactivation of Supplies
Supplies may be reactivated only after all of the following conditions are met:
• Full settlement of all outstanding amounts;
• Advance payment for future orders;
• Provision of additional guarantees if TCC Whitestone deems them necessary.
Ownership of the goods supplied by TCC Whitestone shall not pass to the client until full payment of the corresponding invoices has been received, without prejudice to the transfer‑of‑risk rules set out in Section 4.
12.1. Client Obligations During the Retention‑of‑Title Period
While the retention of title remains in force, the client shall:
• Keep the products in perfect condition and properly stored;
• Not sell, assign, pledge, or otherwise encumber the products without TCC Whitestone’s prior written consent;
• Allow TCC Whitestone access to its premises, whenever necessary, to verify the existence and condition of the products;
• Immediately inform TCC Whitestone of any action or attachment by third parties affecting the products.
12.2. Legal Protection of the Retention of Title
This retention‑of‑title clause is enforceable against third parties in accordance with Article 409 of the Portuguese Civil Code and other applicable legislation. If the products are incorporated into or combined with other items, the client shall ensure that they remain identifiable and separable from the final assembly.
All intellectual‑property rights—including trademarks, designs, patents, copyrights, and know‑how—relating to TCC Whitestone’s products belong exclusively to TCC Whitestone.
The client undertakes:
• Not to copy, reproduce, or adapt any protected elements without TCC Whitestone’s prior written authorization;
• Not to create products that are identical to, or confusingly similar with, those of TCC Whitestone;
• Not to remove or alter any trademarks, logos, or other distinctive signs on the products.
13.1. Custom Developments
When TCC Whitestone develops designs, technical solutions, drawings, or customized products for a specific client project:
• The intellectual‑property rights in those developments remain with TCC Whitestone;
• The client acquires a non‑exclusive license to use them solely within the scope of the project;
• Reproduction, copying, adaptation, or reuse of those developments for other purposes or projects is expressly prohibited;
• Any exception—including transfer of intellectual‑property rights to the client—must be agreed in writing in advance.
These General Terms & Conditions of Sale apply to every contract entered into with TCC Whitestone unless expressly modified in writing.
Failure, or partial failure, to exercise any right provided in these conditions shall not be construed as a waiver of that right.
All relevant correspondence shall be addressed to:
TCC WHITESTONE LDA
Rua Norton de Matos 835
4405‑671 Gulpilhares
Vila Nova de Gaia
Portugal
14.1. Force Majeure
TCC Whitestone shall not be liable for any failure or delay in the performance of its contractual obligations when such failure or delay is caused by events of force majeure, including but not limited to:
• Natural disasters (earthquakes, floods, fires);
• General strikes, lock‑outs, or labor disturbances;
• War, terrorism, or civil unrest;
• Governmental or legal restrictions;
• Pandemics or public‑health emergencies;
• Interruptions in the supply chain of raw materials;
• Prolonged failures of power, communications, or logistics services.In such cases, all contractual delivery and performance deadlines shall automatically be extended for a period equal to the duration of the force‑majeure event.
15.1. Data Collected
TCC Whitestone collects and processes the following categories of personal data:
• Identification data (name, address, contact details);
• Tax data (VAT number, tax address);
• Payment data;
• Order history;
• Communications exchanged.
15.2. Purposes of Processing
Personal data are processed for:
• Order and invoicing management;
• After‑sales services;
• Compliance with legal obligations;
• Communication with the client;
• Direct marketing (with consent).
15.3. Data‑Subject Rights
Data subjects have the right to:
• Access their personal data;
• Rectify inaccurate data;
• Erase data in certain circumstances;
• Restrict or object to processing;
• Port their data;
• Lodge a complaint with the Portuguese Data‑Protection Authority (CNPD).
Requests may be sent to privacy@tccwhitestone.com.
15.4. Data Retention
Personal data will be retained for the period necessary to fulfill the purposes described above or to comply with legal obligations, after which they will be erased or anonymized.
These Terms & Conditions and all contracts concluded with TCC Whitestone are governed exclusively by Portuguese law. For the settlement of any dispute, the courts of the district of Vila Nova de Gaia shall have exclusive jurisdiction, with express waiver of any other.
16.1. Alternative Dispute Resolution (Final Consumers)
Under Portuguese Law No. 144/2015, final consumers may resort to Alternative Dispute‑Resolution (ADR) entities, including:
• Porto Consumer Information and Arbitration Center (CICAP) – www.cicap.pt
A full list is available at
EU‑resident consumers may also use the European Online Dispute‑Resolution platform:
16.2. Commercial Mediation (Business Clients)
For business clients, TCC Whitestone encourages the amicable settlement of any dispute. In the event of a disagreement, the parties undertake to attempt commercial mediation in good faith before resorting to court proceedings.
Clients may submit a complaint via the Portuguese Electronic Complaints Book, available at www.livroreclamacoes.pt
By placing an order, the client confirms that he or she has read, understood, and accepted all the terms and conditions set out herein.
TCC Whitestone reserves the right to update or modify these Terms & Conditions at any time. The current version will be published on the company’s website and will apply only to new orders. TCC Whitestone will notify regular clients of any substantial changes by email or written notice.
