TERMS AND CONDITIONS OF PURCHASE AND SALE OF MEIA DÚZIA PRODUCTS
(«Terms and Conditions»)
BEFORE YOU PRESS THE KEY "CONFIRM ORDER AND PROCEED TO PAYMENT" AT THE END OF THE ORDER OPERATION, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY
1.1. This document regulates the terms and conditions for the purchase and sale of Meia Dúzia products ("Products") commercialized by Jorge Filipe Ferreira, Unipessoal, Lda., headquartered at Rua do Corgo Nr. 874, 2nd Dtº, 4455-104 Matosinhos, enrolled at the Commercial Register Office, with registration number and legal person 510 195 776 (hereinafter "JFF"), through its online store available at WWW.MEIADUZIA.COM (hereinafter referred to as "ONLINE STORE"), to final consumers (hereinafter referred to as the "User").
1.2. The present Terms and Conditions are only applied to consumer relations, and therefore will not be applicable to the sale and purchase of the Products made between JFF and legal persons or private persons acting for purposes that are part of their commercial, industrial, craft or professional activity.
1.3. In case of doubt about these Terms and Conditions, please contact us in one of the following ways:
a) By completing and submitting the electronic form, available on the WEBSITE, for this purpose;
b) By dialing the number: (+351) 252 111 845;
2.1. The execution of any commercial purchase / transaction through the ONLINE STORE depends on the acceptance of these Terms and Conditions, reason why, in case the User does not accept them it will not be possible to move on with the registration process, essential condition to make purchases / any commercial transaction through the ONLINE STORE.
2.2. By proceeding with any purchase in the ONLINE STORE, the User expressly declares to have read and accepted these Terms and Conditions, without any reservation, being the same part of the regime and total agreement of the purchase and sale of Products through the ONLINE STORE and prevailing, unless express agreement of JFF, given in writing, of any prior agreement, understanding or combination, in written or oral form.
2.3. By accepting these Terms and Conditions, the User declares that he is over 18 years old and has the legal capacity to conclude contracts.
2.4. If JFF becomes aware that the User has provided false information, when it has declared, under the terms of the previous number, it is over 18 years old and has the legal capacity to conclude contracts, it reserves the right to immediately resolve any contract with that User, without the latter being entitled to any compensation and JFF having the right to demand compensation from it for potential damages or losses that may have incurred as a result of the false statements.
2.5. The Terms and Conditions are susceptible to change at any time, so you should read them before placing any order.
3.3. USE OF THE WEBSITES WWW.MEIADUZIA.COM AND RESPECTIVE ONLINE STORE
3.3. The User expressly declares that he will not use the WEBSITE and / or ONLINE STORE (or other services associated with the use of the same) for any illegal and / or illicit purposes, that are fraudulent or that are not authorized.
4.REGISTRATION / USER ACCOUNT
4.1. The User that wishes to make purchases in the ONLINE STORE will have to make a Registration, creating a User Account, completing the registration process available in this ONLINE STORE.
4.2. For the process of Registration and creation of a User Account you will be required (*) the following personal data, among others, of optional supply:
4.4. The User is responsible for the veracity, correctness and legality of the provided data at the time of the Registration, as well as for its updating.
4.5. The User undertakes not to use false identities, and JFF reserves the right to request the User to present a valid identification document of who made and / or receives the order, namely the Identity Card or Passport / Title of Residence Authorization, if you are a foreigner, reserving the right not to make this delivery in case of doubts about its identity.
4.6. Although JFF makes every effort to keep Users information current and accurate, Users accept and acknowledge that JFF cannot be held responsible for the accuracy and integrity of the information provided by those on the WEBSITE or the ONLINE STORE, which may be inaccurate, incomplete or outdated.
4.7. Each Registration may only correspond to a single e-mail address, and it is not possible for the User to repeat them in another Registration in the ONLINE STORE.
4.8. The User accepts that the access data to the User Account can only be used by the User, and it is not allowed to share access data by several people.
4.9. JFF does not have access to or knowledge of the User's password, and the User is solely responsible for its safeguard and good use and must modify it regularly, JFF has no responsibility for the improper use or loss of the User's password.
4.10. In case of loss or forgetfulness of the password for accessing the User Account, the User may request JFF to "recreate" it by clicking on "Forgot your password?" In the login box, being then prompted to enter the email address of User Account and then send a verification code that must be entered in a field generated in a URL also sent to that email address.
4.11. JFF guarantees the account security within the expected security measures and suitable for platforms like WEBSITE and ONLINE STORE.
4.12. All content entered in your User Account, as well as all activity that takes place in it, is the User's responsibility, and there is no obligation on the part of JFF to monitor the content or (in) fulfillment of any User's responsibility, namely compliance with obligations to other Users or to national authorities.
5.INFORMATION ON CONTENTS
5.1. Every effort has been made to ensure that the information presented on the WEBSITE and the ONLINE STORE is free of typographical errors and whenever they occur, JFF will proceed as soon as possible to the respective correction.
5.2. JFF will use its best efforts to keep the information contained on the WEBSITE and THE ONLINE STORE updated, but makes no warranty, expressed or implied, as to the accuracy or completeness of any information (including information about Products or services) included in the WEBSITE or in the ONLINE STORE.
5.3. At any time JFF may change, delete or move any information on the WEBSITE or the ONLINE STORE without prior notice, in particular regarding to the Products, prices, promotions, offers, commercial conditions and services.
5.4. Users expressly accept and acknowledge that:
(a) The photographs presented on the WEBSITE and / or the ONLINE STORE are merely illustrative;
(b) Detailed information about the Products and their characteristics / specifications can be consulted with JFF;
(c) The price of Products exposed on the WEBSITE and ONLINE STORE is the price recommended by JFF and can be changed at any time. The VAT included in all mentioned prices corresponds to the rate applicable to the day of the request and any change to the applicable VAT will have immediate reflection on the prices of the Products;
(d) The prices and Products available on the WEBSITE and / or ONLINE STORE are only valid for purchase orders made through the ONLINE STORE, and may not coincide with the prices practiced in the stores, except for promotions expressly indicated on the WEBSITE and / or the ONLINE STORE;
5.5. All mandatory and necessary information about foodstuffs, relating to the Products, namely the list of ingredients, nutrition declaration, allergens, among others, will be made available by JFF in the ONLINE STORE, so it does not assume any responsibility for any damage caused to the User, or to third parties, arising from the lack of consultation by the User of such information.
5.6. The information provided by JFF in the ONLINE STORE does not dispenses the consultation, on the label of the Product purchased by the User, the use by date, as well as the recommendations of use and / or conservation of the same.
6.PRODUCT PRICES AND OTHER CHARGES
6.1. JFF will use its best efforts to ensure that all information regarding Product prices indicated in the ONLINE STORE is correct and updated at the time of your query.
6.2. However, the User expressly acknowledges and accepts that such information may contain errors and that JFF only guarantees that the unit selling price (s) of the Product (s) will always be indicated on the order note generated at the time immediately preceding the Order Confirmation by the User.
6.3. The unit selling price (s) of the Product (s) includes the value of the VAT at the applicable legal rate (when applicable), but does not contain delivery costs, which will be added to the total price to be paid by the User, after Order Confirmation.
6.4. The shipping costs vary depending on the Products to be delivered, the country and / or city indicated for the delivery and the schedule of the same, being presented in the ordering note generated at the moment prior to the Order Confirmation by the User and before the payment processing.
6.5. Shipping charges are free on purchases over:
a) 49EUR for Portugal (continent) & Spain (peninsular);
6.6. It will be presented in the order note generated at the moment immediately prior to the Order Confirmation by the User when processing the payment: the total price of the Product, including taxes and charges, additional transport charges, postal or delivery charges and / or any other charges that may apply, as well as the respective calculation methods.
7.1. To place an order in the ONLINE STORE, the User must read and accept these Terms and Conditions.
7.2. The User will make his orders, after the login in his User Account, selecting from the Products available for sale in the ONLINE STORE those that he intends to acquire and adding them to the "CART", following the process:
1.º Press the "CART" button - at the top of the page;
2.º Confirm the products you want to order and press the "CHECKOUT" button;
3.º Fill in or confirm the data relating to your contacts and billing data and then press the "Continue to shipping" button;
4.º Select the desired shipping method and proceed for payment;
3.º Select payment method;
4.º Accept Terms and Conditions;
5.º Press the button "PAY NOW" (the "Order Confirmation").
8.1. After the Order Confirmation, in order for the purchase of the Product to be completed, the User will proceed to pay the price of the Product (s) ordered and the charges referred to in Clause 6 of these Terms and Conditions, in accordance with the provisions of the following Clauses.
8.2. The User may make the Payment through the following methods:
8.2.1. Credit cards, Visa, Maestro, American Express;
8.2.4. PayPal (including American Express);
8.2.5. Bank transfer;
8.3. Once the order has been completed and the respective payment has been made, the User will receive an automatic email confirming the transaction. If the data is not correct the User can ask for it to be changed immediately.
8.4. When making the payment, the User declares that he is the owner of the card or account in question.
8.5. JFF will use PayPal Business Services , Stripe, Shopify and Eu Pago to process all payments to be made under these Terms and Conditions. The User may consult the websites of these companies to know more about the services:
https.//www.stripe.com || https://www.shopify.com || https://www.eupago.pt || https://www.paypal.com.
8.6. Credit cards are subject to verification of validation and authorization by the issuing entities, but if the card issuer does not authorize the payment, JFF will not be liable for any delay or lack of delivery by reserving the right to terminate the agreement with the User.
9.1. With the Order Confirmation by the User, accompanied by the subsequent payment, according to Clause 8 of these Terms and Conditions, the purchase and sale agreement of the Products made available in the ONLINE STORE by JFF is formalized, but its effectiveness is, however, dependent of stock availability of the Product (s) ordered, according to Clause 9.4. of these Terms and Conditions.
9.2. After Order Confirmation and payment made by the User, the User will receive an email confirming that his order has been received by JFF (the "Receipt of the Order") and, after receiving this email, the User will receive a new email, through which JFF will communicate, except as provided in the following number, a "Shipping Confirmation" of the ordered Product (s).
9.3. JFF will not proceed to the "Receipt of Order" and the dispatch of the Product (s) ordered by the User until the respective payment is made (in accordance with the provisions of Clause 6 of these Terms and Conditions).
9.4. All Product orders in the ONLINE STORE will be subject to their stock availability, so if the Products ordered are not available, JFF will inform the User immediately after knowing about this unavailability, and will act in accordance with the following numbers.
9.5. In the event of temporary unavailability of the Product (s) ordered in stock, making it impossible to deliver them within the maximum agreed time period, JFF will contact the User seeking to agree a new deliver deadline, and the order will only be dispatched after acceptance by the User (through the email).
9.6. In case of absolute unavailability of the Product (s) ordered in stock, JFF may propose, by sending an email to the User, the supply of a Product of quality and price equivalent to the original (s) ordered (s), if there is, and in this case, this new order will only continue if it is accepted by the User (through the email).
9.7. If in the cases referred in 9.5. or 9.6. of this Clause, the User does not accept the proposal to extend the initial delivery period (9.5) or to supply a Product of equivalent quality and price (9.6), JFF will cancel the initial order and refund the amounts already paid by User.
10.DELIVERY (S) AND RESPECTIVE (S) TIME (S)
10.1. In the order form generated at the moment immediately prior to the Order Confirmation by the User and before payment processing, JFF will communicate to the User the maximum time for delivery of the ordered Product (s) after the payment, never more than 30 days from the date of the Order Confirmation and payment by the User.
10.2. Subject to their availability (see Section 9.1 and 9.4 of these Terms and Conditions), JFF will use its best efforts to ensure that the Products contained in a Shipping Confirmation are delivered to the User within the delivery deadline referred in the order form generated at the moment immediately prior the Order Confirmation by the User and before payment processing.
10.3. For the purposes of these Terms and Conditions, a "delivery" is deemed to be effected or a Product is deemed to be "delivered" with the signature of the delivery receipt at the agreed address.
10.4. The User hereby accepts that the carriers with whom JFF has protocols, deliver from Monday to Friday, between 08.00 and 19.00 hours at the address indicated by the User for the purpose..
10.6. If the carrier is unable to deliver the order, it will retry the next day or contact the User to schedule a new delivery. In the specific case of CTT Expresso, a postcard will be left at the indicated address to pick up the order at the post office.
10.7. JFF disclaims any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the User.
11.RISK AND PROPERTY
Upon delivery of the ordered Product (s) at the indicated address by the User, the risks of perishing, loss or deterioration of the Product (s) supplied shall be borne by of the User.
12.CANCELLATION BY JFF
JFF reserves the right to unilaterally cancel the order whenever there is a programming error that affects the user's will formation, a malfunction of the JFF or User computers and that affects the User's declaration, or if the message arrive deformed to its destination as a result of an error transmitting the message.
13.1. The User may cancel his order at any time until the shipment of the same, however, must bear the costs that JFF has suffered with the operation.
13.2. As long as the Product (s) sold by JFF to the User under these Terms and Conditions is in the same condition as it was delivered, in perfect conservation and use conditions and has not been damaged or in any way consumed or tried, shows no signs of use / consumption, is fully sealed at the its opening, with full original packaging, you have the right to terminate the contract without incurring any costs, and without having to state the reason, within 15 days of counting (except in the case of Products made according to your specifications or customized):
a) From the day on which the User or a third party, except the carrier, indicated by the User acquires physical possession of the Products, or
b) From the day on which the User or a third party indicated by the same, except the carrier, acquires the physical possession of the last Product when the User has ordered several Products in a single order and they are delivered separately.
13.3. The User shall communicate his intention of free resolution, referred to in the previous number, by filling out one of the electronic forms available on the WEBSITE for returns or any other unequivocal declaration of contract cancellation, in which case JFF will charge, within 24 hours, to the User reception of the declaration of cancellation on a durable medium.
13.4. For the purposes of the previous paragraph, is considered unequivocal the statement in which the User communicates, in his / her own words, the decision to terminate the contract, namely by
letter, by telephone contact, by the return of the Product or by another means susceptible of proof, under the terms general.
13.5. It is considered exercised the right of free resolution by the User within the time limit when the declaration of resolution is sent before the expiration of the period referred to in 13.2 above.
13.6. In case of free resolution of the contract, and provided the conditions described in 13.2, JFF will reimburse the User for all payments made, including delivery costs, within 14 (fourteen) days from the date that the free resolution is communicated by the User, without prejudice to the provisions of 13.10. below.
13.7. JFF reserves the right to refuse the exercise by the User of any contract free resolution also to reimburse the amounts paid if it finds that the Product (s) returned is (are) not in the exact conditions described in 13.2.
13.8. Reimbursement of payments must be made through the same means of payment that has been used by the User in the initial transaction, unless expressly agreed to the contrary and as long as the User does not incur any costs as a consequence of the refund.
13.9. JFF hereby informs that, under the terms of the Law, it will not reimburse the additional costs of delivery when the User expressly requests a different and more costly mode of delivery than the commonly accepted and less costly modality proposed by JFF.
13.10. JFF hereby informs that it may retain the amount to be refunded until it has received the returned Products, or until the User submits proof of delivery of the returned Products, whichever occurs first.
13.11. If the Product to be returned delivered at the User's domicile at the time of conclusion of the contract cannot, by its nature or size, be returned by mail, it is incumbent upon JFF to collect the Product and bear the respective cost.
13.12. For the purposes of the preceding paragraphs of this Clause, the User shall return the Products without undue delay and at the latest within a period of 14 (fourteen) days from the date on which JFF was informed of the contract free resolution, considering that such period is respected if the User returns the Products before the expiration of this period of fourteen (14) days.
13.13. The User shall not send the Products to JFF without first communicating his intention to return them.
14.1. All Products marketed by JFF enjoy the guarantee of their conformity until the deadline date of consumption or until the end of the recommended period for consumption after its opening, as long as the deadline has not yet been exceeded and it is stored in accordance with the instructions on the packaging of the Product [the deadline date and the recommended period for consumption are described on the packaging of any Product].
14.2. The guarantee of conformity of the Products referred to in the preceding paragraph of this Clause corresponds to JFF's guarantee that, subject to the conditions set out in that paragraph, if the Product is not in compliance with the legal terms or if it proves unfit for its normal consumption, the User shall be entitled to its replacement or, if expressly indicated, to the refund of the price and charges related to the transportation of the Product (s).
14.3. It is not considered lack of conformity, within the meaning of applicable law, if at the time the contract is concluded, the User becomes aware of this lack of conformity or cannot be reasonably ignored or derives from the materials supplied by the consumer.
14.4. For the exercise of any right conferred in number 14.2., The User shall communicate the situation to JFF, through the email firstname.lastname@example.org, informing the number of his order and the description of the nonconformity, being that, the costs of returning or collecting items under warranty will be borne by JFF.
14.5. Upon receipt of the Product (s) returned at JFF's premises, JFF will verify the alleged nonconformity and, if it proves, JFF will replace the Product (s), by sending a new Product within a reasonable time and without any additional cost, unless the User has expressly requested the refund of the price and charges related to transportation of the Product (s) - which will be done in the exact terms of the Clauses 13.7 to 13.11.
15.1. All Products sold in the ONLINE STORE are in compliance with Portuguese legislation.
15.2. JFF is not responsible for damages resulting from interferences, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or service to Users.
15.3. In no event shall JFF and / or its representatives and employees be liable for any damages that may arise, even accidentally, from the malfunction of this WEBSITE, for any reason whatsoever and for as long as such malfunction lasts, or for damage caused by the reproduction, use or exploration.
16.1. The User acknowledges and accepts that all intellectual property rights, including but not limited to, copyright, trademark, or any other relating to any and all material and content that is part of the WEBSITE remain at all times in the ownership of the JFF or its licensors.
16.2. The User may use the referred material only to the extent expressly authorized by JFF or its licensors. This does not prevent the user from using this website to obtain a copy of an order or Contract terms.
17.1. JORGE FILIPE FERREIRA, UNIPESSOAL, LDA., As responsible for the processing, respects the User's privacy.
17.2. All and any personal data collected on the WEBSITE or the ONLINE STORE will be kept confidential and will not be sold, communicated or otherwise reused by third parties without your authorization.
17.3. Any personal data that is provided to JFF will be handled in accordance with relevant legislation, best practices and ensuring all technical and organizational security measures to protect them, with the sole purpose of executing the purchase order of the User and improve your experience on the WEBSITE and ONLINE STORE.
18.1. By making use of the WEBSITE and the ONLINE STORE, the User accepts that the communication between itself and the JFF mainly revolves over the electronic form.
18.2. JFF will contact the User by sending an e-mail to the e-mail address provided by the User upon registration / creation of a User Account or providing information by entering notices on the WEBSITE or in its Client Account.
18.3. For contractual purposes, the User accepts this means of communication by electronic means and acknowledge that any contracts, notices, information and other communications that JFF transmits to you by electronic means satisfy the legal requirement that such communications are made in writing.
18.4. All communications from the User to JFF must be sent via the electronic forms available on the WEBSITE and the ONLINE STORE or by e-mail to the address email@example.com.
18.5. Notwithstanding the provisions of the preceding paragraph, JFF may also communicate with the User through mail to the address indicated when registering / creating a User Account.
18.6. Any communication will be given as received 24 hours after the moment it is inserted in the WEBSITE or the sending of e-mail, or on the third business day following the date of its sending by post.
19.19. TRANSMISSION OF RIGHTS AND OBLIGATIONS
19.1. The User may not transfer, give in or encumber the contractual position, or otherwise dispose of the contract concluded with JFF under these Terms and Conditions or any rights or obligations thereunder without the prior consent of JFF, given in writing.
19.2. The User expressly acknowledges and accepts that JFF may transfer, give in or encumber its contractual position, sub-contract or otherwise dispose of the agreement concluded with the User under these Terms and Conditions or any rights or obligations thereunder at any time during its term.
19.3. Notwithstanding, no transfer, assignment or encumbrance of such position, or act of contract provision, may have the effect of limiting the legal rights of the User as a consumer or reduce or otherwise limit any guarantee provided by JFF to the User of express or implied manner.
The declaration of invalidity, illegality or ineffectiveness by any competent authority of any provision of these Terms and Conditions shall not affect any of the remaining provisions, which shall continue in full force.
22.CHANGE OF TERMS AND CONDITIONS BY JFF
JFF reserves the right to change these Terms and Conditions at any time without prior notice, being any changes published on the WEBSITE and updated in the ONLINE STORE.
23.LAW AND JURISDICTION
23.1. All contracts concluded under these Terms and Conditions, namely all purchases made in the ONLINE STORE available at meiaduzia.com are subject to the Portuguese law.
23.2. For any conflict or divergence of interpretation of these Terms and Conditions will be submitted to the Oporto county court.