USER INFORMATION

Herdade da Figueirinha
7800-740 São Brissos, Beja
(+351) 284 311 260
(call to national fixed network)
geral@figueirinha.pt

SCOPE AND OBJECT OF THE GENERAL CONDITIONS OF THE STORE

This document is intended to regulate the terms and conditions governing the use of the website https://figueirinha.pt (hereinafter, website) and the Loja Online da Figueirinha service www.figueirinha.pt/loja (hereinafter, store online). Navigation, as well as the purchase of any product on this website, presupposes acceptance of this document.

Both the website and the online store and the products supplied are the property of Sociedade Agrícola do Monte Novo e Figueirinha, Lda, headquartered in Terreiro dos Valentes Nº 5 7800-523 Beja, with NIPC 504329197, hereinafter referred to as “Figueirinha”.

Figueirinha reserves the right to freely change this pre-contractual information in order to adapt it to the applicable legislation, without the need for prior notice.

Access to Figueirinha’s website and online store is free of charge and does not require prior subscription or user registration. Sales of alcoholic products are only allowed to those who are of legal age to consume them in their country of residence.

RESPONSIBILITIES

All products sold in the online store are in accordance with Portuguese law.

The online store has adequate levels of security, however Figueirinha will not be responsible for any damage suffered by the user and/or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or faults caused by the communications network or communications services provided by third parties, by the computer system, by the modems, by the connection software or possible computer viruses or resulting from the download (“download”) through the service of infected files or containing viruses or other properties that may affect the user’s equipment.

If for any reason it is impossible to provide the service, Figueirinha will not be responsible for any damages.

Data and information queries carried out within the scope of this service are presumed to have been carried out by the user, and Figueirinha declines any responsibility resulting from abusive or fraudulent use of the information obtained.

Figueirinha will not be responsible for any loss or damage caused by abusive use of the service that is not directly attributable to it by way of fraud or gross negligence.

Figueirinha is not responsible for losses or damages resulting from non-compliance or defective performance of the service when this is not directly or indirectly attributable to it by way of fraud or serious negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the service, (ii) damage caused by the fault of the user or third parties, including violations of intellectual property, (iii) non-compliance or defective compliance resulting from compliance with court decisions or administrative authorities or (iv) by non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside Figueirinha and that cannot be controlled by Figueirinha, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of Figueirinha that prevent or jeopardize the fulfillment of the assumed obligations.

Figueirinha does not guarantee that:

  • The online store is provided uninterruptedly, is secure, error-free or works infinitely;
  • The quality of any product, service, information or any other material purchased or obtained through the online store meets any expectations of the user in relation to it;
  • Any material obtained in any way through the use of the online store will be used at the risk and expense of the user, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from this operation;
  • No advice or information, whether oral or written, obtained by the user from or through the online store will create any warranty that is not expressed in these Terms and Conditions.

USER OBLIGATIONS

The user undertakes to:

  • Provide personal data and correct addresses;
  • Do not use false identities;
  • Respect the imposed order limits.

If any of the data is incorrect or insufficient and, for this reason, there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the user, and Figueirinha declines any responsibility.

The user accepts that Figueirinha cannot, in any way, be held liable for any damages, including, but not limited to, damages for loss of profits, data, contents or any other losses (even if previously advised by the user about the possibility of the occurrence of such damage), resulting from:

  • The use or impossibility of using the service;
  • Difficulty in obtaining any substitute for goods/services;
  • Unauthorized access or modification of personal databases.

In case the consumer violates any of these obligations, Figueirinha reserves the right to eliminate future purchases, block access to the store, cancel the supply of any services made available simultaneously by Figueirinha to the same user; and also, not allow future access by the user to any or all of the services made available by Figueirinha.

It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.

PRIVACY AND PROTECTION OF PERSONAL DATA

Figueirinha guarantees the confidentiality of all data provided by users.

The data provided in the purchase form as mandatory supply are indispensable for the provision of the service by Figueirinha. The omission or inaccuracy of the data provided by the user is his sole and entire responsibility and may give rise to refusal to provide the service by Figueirinha.

The user’s personal data will be processed and stored by computer and are intended to be used by Figueirinha within the scope of the contractual and/or commercial relationship with the user.

Under the terms of the applicable legislation, the user is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes set out in previous number, and for this purpose contact the person responsible for the processing of personal data, to the email geral@figueirinha.pt

For more information, consult our Privacy Policy and the website www.consumidor.pt

CUSTOMER REGISTRATION ON THE WEBSITE

Mere access to the website is not subject to registration. To enjoy all the features and services, namely the online store, the user must fill in the requested data for contact, billing, shipping and payment purposes, and may choose to create a user account, in which case he will also be asked a password.

The user is responsible for the veracity of the data provided, either at the time of registration or for the purpose of making purchases in the online store, as well as for the respective update.

All content entered in the user account, as well as all activity that takes place therein, are the responsibility of the user, and Figueirinha does not have any obligation to monitor the content or the (non)compliance with any responsibilities of the user.

Figueirinha does not have access to or knowledge of the password defined by the user for the purpose of accessing the website, and it is up to the user to ensure the confidentiality of the password and guarantee its safekeeping and good use, as well as comply with good practices regarding the your account security. As such, Figueirinha cannot be held responsible for damages resulting from the loss or misuse of the password defined by the user.

PRODUCT AND CONTENT INFORMATION

The website offers a wide range of products sold by Figueirinha in the online store. All products are illustrated with photographs and an indication of their essential characteristics.

The images that illustrate each product may differ from the product subsequently delivered, and these same products are also subject to stock outages.
Figueirinha will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur.

If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (specified in the Return and Refund policy).

Under Portuguese law, all prices shown on the online store include the respective VAT rates in force, unless otherwise stated.

To the prices shown on the products is added the respective postage value, which will depend on the weight of the order, the chosen shipping method and the respective delivery destination.

Promotions applied in the online store may not apply to the physical store.

Figueirinha reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

It is expressly forbidden to copy, reproduce, modify, display, transmit or disseminate any type of content available on the online store.

All products for sale in the online store are subject to existing stock, without prejudice to Figueirinha making an effort to present updated information regarding the availability of the products included in the shopping cart. In the absence of product availability, Figueirinha undertakes to inform the user as soon as possible.

BUYING AND SELLING PRODUCTS

For the purpose of finalizing the order, the user must enter the requested personal data, including the delivery/billing address. If you choose to register as a customer, the aforementioned data will only be requested when making your first purchase through the website, and will be saved for the purpose of future purchases.

The validation of the purchase order presupposes that the customer is aware of and accepts the general conditions for contracting and using the website.

The user will be informed of the available delivery conditions, and orders can be delivered abroad as long as the address is within the delivery area of the carrier. Figueirinha ships to mainland Portugal, the islands and some foreign countries.

Next, you must choose the payment method, with the following options available:

  • MBWay;
  • Paypal;
  • Multibanco reference;
  • Credit card;
  • Bank transfer.

The cost of postage is borne by the customer and calculated according to the weight of the products, destination and total value of the order. This value is indicated in the shopping cart before the final validation of the order. Shipping costs are free on orders to mainland Portugal with a value greater than € xxxxxx.

Before finalizing the order, the user must read the “Terms and Conditions”, inserting the agreement symbol in the available square, just in case he accepts them. The acceptance of the “Terms and Conditions” is an absolute requirement for the continuation of the operation.

By confirming the order, the user enters into a purchase and sale contract with Figueirinha, expressing his full and complete acceptance of the description of the products included in the transaction, the respective prices and these Terms and Conditions. If any data is not correct, the user must immediately ask Figueirinha to change it.

Upon payment of the total price of the products, the invoice will be issued and sent in digital format to the email provided. Once issued, the invoice cannot be reissued.

DELIVERY OF PRODUCTS

Orders will only be shipped after confirmation of stock and payment. Figueirinha only ships on weekdays. In this way, neither weekends nor holidays are considered for order delivery estimates.

Figueirinha undertakes to deliver the ordered items as soon as possible. Despite the deadlines set, delays may occur for reasons not attributable to Figueirinha, and which therefore will not grant the user any right to compensation, such as delays by the carrier, difficulties in delivery to the recipient or local holidays.

The user must ensure that someone is present at the delivery address of the products, on the date indicated by Figueirinha. For the purposes of these Terms and Conditions, a delivery is deemed to have taken place with the signature of the delivery receipt at the agreed address.

Figueirinha refuses any responsibility for any delay or impossibility of delivery of the order, resulting from acts for which it is not responsible.

CANCELLATION OF ORDERS

By user

The user may cancel his order by requesting it to Figueirinha via the telephone number or e-mail, referring to the order number, the NIF with which he made the purchase and the delivery address. Order cancellation will only be accepted as long as it has not yet been paid or processed.

By Figueirinha

Figueirinha reserves the right not to process orders when it verifies any inaccuracy in the personal data presented or observes misconduct on the part of the user.
We also reserve the right to cancel any purchase, under the conditions described in our Refund and Return Policy.

RETURN (RIGHT OF RESOLUTION)

The User, in the case of being a consumer, may exercise the right of withdrawal without being required any compensation, within a period of 14 (fourteen) days from the day on which he acquires physical possession of the good, under the terms of the decree-law nº 143/2001 and decree-law 82/2008 of 5/20.
You can inform us through our email loja@figueirinha.pt or through our telephone contact.

Figueirinha reserves the right to refuse returns in which the communication has been made after the established period, in which the products are not in the same conditions in which they were purchased, which have been purchased in sales/promotions or which have been purchased for free through hobbies.

For more information, see our Refund and Return Policy.

PRODUCT CONFORMITY GUARANTEE

The provisions of this clause apply exclusively to sales made to the final consumer, as defined in Law No. 24/96, of July 31, with subsequent amendments. Figueirinha is responsible for any lack of conformity of the products that exists at the time they are delivered to the user. The products are non-conforming when any of the following facts are verified:

  • When the products do not conform to the description given on the website or do not have the qualities presented to the user as a sample or model;
  • When the products are not suitable for the specific use for which the user intended them and which he informed Figueirinha when he signed the contract and which he accepted;
  • When the products are not suitable for the uses usually given to goods of the same type;
  • When the products do not present the usual qualities and performance in goods of the same type and that the user can reasonably expect, taking into account the nature of the good and, eventually, public statements about its specific characteristics, made by Figueirinha or the brand.

Under Consumer Law, the general warranty period for products is two years for new products, starting from the date of delivery of the products to the user, provided that the product defect is communicated to Figueirinha within a maximum period of two months. from the date on which it was detected.

In the case of perishable products subject to an expiry date, the user accepts that their conformity will only be expected during the foreseen period of validity.

This warranty is considered excluded in the following situations:

  • If, when the contract is concluded, the user is aware of such lack of conformity or defects or cannot reasonably ignore them.
  • In the event of vices or defects for which Figueirinha is not responsible, namely when arising from the following situations:
    • Failure to use and/or store the products carefully, diligently and/or in accordance with the respective instructions;
    • The use of products for a purpose other than that for which they are intended;
    • The production of products according to the customer’s requests and specific characteristics indicated by the customer;
    • Abnormal use/consumption of products;
    • The modification or alteration of the products, or their undue opening, violating, for example, any internal seals.

INTELLECTUAL PROPERTY

The website and the online store are a registered website and the service provided by the website itself is the responsibility of Figueirinha.

The user acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

The user acknowledges that any content appearing in advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property and other laws protecting property, whereby any use of these contents can only take place under the express authorization of the respective owners.

The user undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement. making such contents available to the public or any other unauthorized acts having the same contents as their object.

SUSPENSION AND DEACTIVATION OF THE STORE SERVICE

Regardless of any prior or subsequent communication, Figueirinha may, at any time, and in its sole discretion, discontinue providing the service and/or part of the service to one or all users.

Figueirinha also reserves the right to immediately suspend or terminate access to the service in the following cases:

  • When the user does not observe the conditions of use referred to in this term and others referred to in the Privacy Policy and in the Refund and Return Policy;
  • When Figueirinha ceases access to the store, upon prior notice 15 days prior to the date of cessation.

The suspension or termination of the service by Figueirinha, under the terms of the previous numbers, regardless of the right of the user or third parties to any indemnity or other compensation, Figueirinha cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation or cancellation of the service.

In the situations described above, Figueirinha will notify the user, in advance and in such a way that the user can, if he so wishes, safeguard the content of his order viewing area within three working days of sending the e-mail or making the information available. on the main page of the service.

SERVICE SECURITY CONDITIONS

The user undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the service, under penalty of Figueirinha suspending or deactivating the services under the foreseen terms.

The user expressly acknowledges and accepts that the IP network constitutes a public electronic communications network that can be used by several users and, as such, subject to computer overloads, so that Figueirinha does not guarantee the provision of the service without interruptions, loss of information or delays.

Figueirinha also does not guarantee the provision of the service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, outside Figueirinha and which cannot be controlled by Figueirinha).

In the event of an interruption in the provision of the service due to unpredictable overload of the systems on which it is supported, Figueirinha undertakes to regularize its operation as soon as possible.

COMMUNICATIONS

Whenever Figueirinha deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.

Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the service and the technological evolutions to which it may be subject, Figueirinha may change its technical configurations whenever this proves to be convenient to adapt it to any technological developments.

Figueirinha does not guarantee the user the performance of any upgrades or improvements in the service. Some upgrades or features may only be available against user payment and/or subscription.

The user agrees to receive any and all communications and/or notifications related to the online store to the address, contact telephone number or email address indicated in the ordering process. At any time, you can request not to receive these communications and/or notifications through the contact form or through the “do not receive newsletter” option included in each newsletter.

APPLICABLE LAW AND CONFLICT RESOLUTION

The contract is governed by Portuguese law.

The consumer may complain to Figueirinha of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

ARBITRATION CENTER AND ADR (ALTERNATIVE CONSUMER DISPUTE RESOLUTION)

The alternative dispute resolution is the possibility that all consumers have at their disposal, of resorting to official entities that help them in the resolution or orientation of some conflict, before opening litigious processes in the courts.

In the event of a consumer dispute, the consumer may resort to the following alternative consumer dispute resolution entity:

National Consumer Conflict Arbitration Center

Telephone: 213 847 484 (cost of calling to the national fixed network)

Email: cniacc@uni.pt | Website: www.arbitragemdeconsumo.org | www.facebook.com/cniacc

For more information, consult the Consumer Portal at www.consumidor.pt (under Article 18 of Law No. 144/2015, of 8 September).