TERMS AND CONDITIONS FOR THE PURCHASE AND SALE OF SANTA CLARA FLAVOURS AND THEIR REPRESENTED PRODUCTS IN THE ONLINE SHOP

HTTP://SABORESSANTACLARA.COM

BEFORE PRESSING THE "CONFIRM ORDER AND PROCEED TO PAYMENT" BUTTON AT THE END OF THE ORDER PROCESS, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

1.Object

1.1 This document regulates the terms and conditions of purchase and sale of Sabores Santa Clara products ("Products") marketed by Nova Sabores Santa Clara, Unipessoal Lda, with registered office at Avenida Francisco Fino, 22, 7300-053 Portalegre, registered at the Commercial Registry Office, with the registration and legal person number 510 898 977 (hereinafter "SSC"), through its online shop available at www.saboressantaclara.com (hereinafter "ONLINE SHOP"), to end consumers (hereinafter "User").

1.2 These Terms and Conditions shall only apply to consumer relations, and shall therefore not apply to purchases and sales of the Products made between SSC and legal persons or natural persons acting for purposes that fall within the scope of their commercial, industrial, craft or professional activity.

1.3 Through the ONLINE SHOP, SSC only offers and commercialises the Products for Member States of the European Union and the United Kingdom.

1.4 If you have any questions about these Terms and Conditions, please contact us using one of the following methods:

  1. a) By completing and submitting the electronic form available on the WEBSITE for this purpose;
  2. b) By telephone to: (+351) 245 341 087;
  3. c) By sending an e-mail to the following address: geral@saboressantaclara.com

2.Acceptance

2.1 The realisation of any purchase/commercial transaction through the ONLINE SHOP depends on the acceptance of these Terms and Conditions, so if the User does not accept them it will not be possible to proceed with the registration process, an essential condition for making purchases/any commercial transaction through the ONLINE SHOP.

2.2 By proceeding with any purchase in the ONLINE SHOP, the User expressly declares to have read and accepted these Terms and Conditions, without any reservation whatsoever, which constitute the entire regime and agreement for the purchase and sale of Products through the ONLINE SHOP and prevail, unless expressly agreed by SSC in writing, over any previous agreement, understanding or combination, in written or oral form.

2.3 By accepting these Terms and Conditions, the User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts.

2.4 In the event that SSC becomes aware that the User has provided false information when he/she has declared, under the terms of the previous paragraph, that he/she is over 18 years of age and has the legal capacity to enter into contracts, SSC reserves the right to immediately terminate any contract entered into with said User, without the latter being entitled to any compensation whatsoever and SSC being entitled to claim compensation from him/her on account of any potential damages or losses he/she may have incurred as a result of the false declarations.

2.5. The Terms and Conditions may be amended at any time, so please read them before placing any order.

3.Use of the website www.saboressantaclara.com and its online shop

3.1. When using the Website www.saboressantaclara.com (hereinafter WEBSITE) and/or the respective ONLINE STORE, whether through simple browsing or through the establishment of a commercial relationship with SSC, the User hereby recognises and accepts that he/she is bound by the WEBSITE Terms of Use, as well as the other policies present on the WEBSITE, namely the Privacy Policy and Cookies Policies, which he/she declares to have read and been aware of, and undertakes to comply with them.

3.2 If the User does not wish to be bound by the Terms of Use and Policies referred to in the previous paragraph, the User shall not access the WEBSITE or the associated functionalities and services, namely the ONLINE SHOP.

3.3 The User expressly declares that he/she will not use the WEBSITE and/or the ONLINE SHOP (or other services associated with the use thereof) for any illegal and/or illicit purposes, which constitute fraud or which are not authorised.

4.User registration/account

4.1. Users wishing to make purchases in the ONLINE SHOP must register by creating a User Account and completing the registration process available in the ONLINE SHOP.

4.2 For the Registration process and creation of a User Account, the following personal data will be requested (*), among others, which are optional:

(a) Name*;

(b) Surname*;

(c) Email*;

(d) Password;

(e) Country*;

(f) Address 1*;

(g) City*;

(h) Postcode*;

(i) Mobile phone*.

4.3. The data referred to in 4.2. above is personal data and will be processed in accordance with the provisions of the Privacy Policy.

4.4. The User is responsible for the veracity, accuracy and legality of the data provided at the time of Registration, as well as for updating it.

4.5. The User undertakes not to use false identities, and SSC reserves the right to ask the User to present a valid identification document of the person who placed and/or receives the order, namely the Identity Card/Citizen Card or Passport/Residence Permit, if the person is a foreigner, and reserves the right not to make this delivery if there is any doubt as to their identity.

4.6 Although SSC makes every effort to keep Users' information up to date and accurate, Users accept and acknowledge that SSC cannot be held responsible for the accuracy and completeness of the information provided by them on the WEBSITE or ONLINE SHOP, which may be inaccurate, incomplete or out of date.

4.7. Only one e-mail address may correspond to each Registration, and it is not possible for the User to repeat them in another ONLINE SHOP Registration.

4.8. The User accepts that the access data to the User Account may only be used by the User, and that the sharing of access data by several persons is not permitted.

4.9. SSC has no access to or knowledge of the User's password, and the User is solely responsible for its safekeeping and proper use, and must change it regularly. SSC is not liable for any improper use or loss of the password.

4.10. In the event of losing or forgetting the password to access the User Account, the User may ask SSC to "recreate" it by clicking on "Lost Password?" in the login box, then being asked to enter the email address of their User Account and subsequently being sent a verification code which must be entered into a field generated in a URL also sent to the said email address.

4.11. SSC guarantees the security of the account within the expected security measures appropriate to platforms such as the WEBSITE and the ONLINE SHOP.

4.12. All the content inserted in your User Account, as well as all the activity that takes place therein, is the responsibility of the User, and SSC is under no obligation to monitor the content or the (in)fulfilment of any responsibilities of the User, namely the fulfilment of obligations towards other Users or towards national authorities.

5.Content information

5.1 Every effort has been made to ensure that the information presented on the WEBSITE and in the ONLINE SHOP is free of typographical errors and whenever these occur, SSC will correct them as soon as possible.

5.2 SSC will use its best endeavours to keep the information contained on the WEBSITE and ONLINE SHOP up to date, but makes no warranty, express or implied, as to the accuracy or completeness of any information (including information about Products or services) included on the WEBSITE or ONLINE SHOP.

5.3 At any time SSC may alter, delete or move any information on the WEBSITE or ONLINE SHOP, without prior notice, namely relating to Products, prices, promotions, offers, commercial conditions and services.

5.4 Users expressly accept and recognise that:

(a) the photographs shown on the WEBSITE and/or in the ONLINE SHOP are merely illustrative;

(b) detailed information on the Products and their characteristics/specifications can be obtained from the SSC;

(c) the price of the Products displayed on the WEBSITE and in the ONLINE SHOP is the price recommended by SSC and may be changed at any time. The VAT included in all the prices mentioned corresponds to the rate applicable on the day of the order and any change to the applicable VAT will be immediately reflected in the prices of the Products;

(d) the prices and Products available on the WEBSITE and/or ONLINE SHOP are only valid for purchase orders placed through the ONLINE SHOP and may not coincide with the prices practised in the shops, except for promotions expressly indicated on the WEBSITE and/or ONLINE SHOP;

5.5 All the obligatory and necessary information on foodstuffs, relating to the Products, namely the list of ingredients, nutritional declaration, allergens, among others, will be made available by SSC in the ONLINE SHOP, and SSC therefore assumes no responsibility for any damage caused to the User or to third parties arising from the User's failure to consult this information.

5.6. The information provided by SSC in the ONLINE SHOP does not dispense with the need to consult the label of the Product purchased by the User, the expiry date for consumption, as well as the recommendations for its use and/or conservation.

6.Product prices and other charges

6.1 SSC will use its best endeavours to ensure that all the information regarding the prices of Products indicated in the ONLINE SHOP is correct and up-to-date at the time of consultation.

6.2 However, the User expressly recognises and accepts that such information may contain errors and that SSC only guarantees that the unit sales price(s) of the Product(s) will always be those indicated on the order form generated immediately prior to the Order Confirmation by the User.

6.3 The unit sales price(s) of the Product(s) include VAT at the applicable legal rate (where applicable), but do not contain delivery costs, which will be added to the total price payable by the User, following Order Confirmation.

6.4 Shipping costs vary depending on the Products to be delivered, the country and/or city indicated for delivery and the time of delivery, and are shown on the order form generated immediately prior to the User confirming the Order and before payment is processed.

6.5. Postage is free on purchases over:

  1. a) 49EUR for mainland Portugal, the islands and Spain;
  2. b) 150EUR for the United Kingdom and all the other Member States of the European Union e;

6.6 The following will be shown on the order form generated immediately prior to the User confirming the Order and processing the payment: the total price of the Product, including taxes and duties, additional transport charges, postal or delivery charges and/or any other charges that may apply, as well as the respective calculation methods.

7.ORDER(S)

7.1 In order to place any order in the ONLINE SHOP, the User must read and accept these Terms and Conditions.

7.2 The User will place their orders after logging in to their User Account, selecting from the Products available for sale in the ONLINE SHOP those they wish to purchase and adding them to the "basket", following the process below:

1st Press the "SHOW CESTO" button - at the top of the page, or in the pop-up window after selecting a product;

2. Fill in or confirm your contact details, order, billing address, shipping address and transport address;

3. Select the payment method;

4. Accept the Terms and Conditions;

5. Press the "CONFIRM ORDER AND PROCEED TO PAYMENT" button (the "Order Confirmation" button).

8.Payment

8.1. Following Order Confirmation, in order for the purchase of the Product(s) to be finalised, the User shall 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 paragraphs of this Clause.

8.2 The User may make the Payment by the following means:

8.2.1 ATM;

8.2.2 Paypal (including American Express);

8.2.3 Bank transfer;

8.3 Once the order has been completed and payment has been made, the User will receive an automatic email confirming the transaction. If the data is not correct, you can immediately ask for it to be changed.

8.4 By making the payment, the User declares that he/she is the holder of the card or account in question.

8.5 SSC will use PayPal Business Services and the company HI-MEDIA PORTE MONNAIE ÉLECTRONIQUE SA to process all payments to be made under these Terms and Conditions. The User may consult the websites of these companies to find out more about their services: https://www.hipay.com || https://www.paypal.com.

9.Contract formation

9.1 With the Confirmation of the Order by the User, accompanied by the subsequent payment, under the terms of Clause 8 of these Terms and Conditions, the contract for the purchase and sale of the Products made available in the ONLINE SHOP by SSC is formalised, its effectiveness, however, being dependent on the availability in stock of the Product(s) ordered, under the terms of Clause 9.4 of these Terms and Conditions.

9.2 Following Order Confirmation and payment by the User, the User will receive an email confirming that his/her order has been received by SSC (the "Order Receipt") and, following receipt of this email, the User will receive a new email, through which SSC will communicate to him/her, except as provided in the following paragraph, a "Dispatch Confirmation" of the Product(s) ordered.

9.3 SSC will not proceed to "Receipt of the Order" or dispatch the Product(s) ordered by the User until the User has made the respective payment (in accordance with the provisions of Clause 6 of these Terms and Conditions).

9.4 All orders for Products in the ONLINE SHOP will be subject to their availability in stock, so if the Products ordered are not available, SSC will inform the User immediately upon learning of such unavailability, and will act in accordance with the provisions of the following paragraphs.

9.5 If the Product(s) ordered are temporarily unavailable from stock, making it impossible to deliver them within the agreed maximum period, SSC will contact the User in an endeavour to agree a new delivery period, and the order will only proceed after acceptance by the User (via email).

9.6 If the Product(s) ordered are completely unavailable from stock, SSC may propose, by sending an email to the User, the supply of a Product of equivalent quality and price to the one(s) initially ordered, if available, in which case the new order will only proceed if accepted by the User (via email).

9.7 If, in the cases referred to in paragraphs 9.5. or 9.6. of this Clause, the User does not accept the offer to extend the initial delivery period (9.5.) or to supply a Product of equivalent quality and price (9.6.), SSC shall cancel the initial order and reimburse the amounts already paid by the User.

10.Delivery(s) and respective deadline(s) 

10.1 On the order form generated immediately prior to the Order Confirmation by the User and before payment is processed, SSC shall inform the User of the maximum period for delivery of the Product(s) ordered after payment, which period shall not exceed 30 days from the date of the Order Confirmation and payment by the User.

10.2 Subject to their availability (see Clause 9.1. and 9.4. of these Terms and Conditions), SSC shall use its best endeavours to ensure that the Products contained in a Dispatch Confirmation are delivered to the User within the delivery period referred to in the order form generated immediately prior to the Order Confirmation by the User and before payment is processed.

10.3 For the purposes of these Terms and Conditions, a "delivery" is deemed to have been made or a Product is deemed to have been "delivered" when the delivery receipt is signed at the agreed address.

10.4 The User hereby accepts that the hauliers with whom SSC has agreements make deliveries from Monday to Friday, between 08.00 and 19.00 hours to the address indicated by the User for this purpose.

1.10.5 If the User has difficulty locating their order, they should contact SSC by email at geral@saboressantaclara.com or encomendas@saboressantaclara.com

10.6 If the carrier is unable to deliver the parcel, it will make a new attempt the following day or contact the User to arrange a new delivery.

10.7 SSC accepts no responsibility for any delay or impossibility of processing the order, in particular at the time of delivery, due to error or insufficiency of the data communicated by the User.

11.Risks and Property

From the moment of delivery of the Product(s) ordered to the address indicated for this purpose by the User, the risk of perishing, loss or deterioration of the Product(s) supplied shall be borne by the User.

12.Cancellation by SSC

SSC reserves the right to unilaterally cancel the order whenever there is a programming error that affects the formation of the User's will, a malfunction in SSC's or the User's computers that affects the User's declaration, or if the message arrives deformed at its destination as a result of an error in the transmission of the message.

13.Free resolution

13.1 The User may cancel their order at any time until it has been dispatched, but must bear any costs incurred by SSC as a result of the operation.

13.2. Provided that the Product(s) sold by SSC to the User under these Terms and Conditions are in the same condition in which they were delivered to him/her, in perfect condition of conservation and use, have not been damaged or in any way consumed or tried, show no signs of use/consumption, is fully sealed at the point of opening, with complete original packaging, the User has the right to terminate the contract without incurring any costs, and without having to state the reason, within 15 days (except in the case of Products made to their specification or personalised):

  1. a) the day on which the User or a third party, other than the carrier, indicated by the User acquires physical possession of the Products, or

b)the day on which the User or a third party indicated by the User, other than the carrier, acquires 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 must communicate their intention to freely terminate the contract, as referred to in the previous paragraph, by completing one of the electronic forms available on the WEBSITE for returns or by any other unequivocal declaration of termination of the contract, in which case SSC will acknowledge receipt of the declaration of termination on a durable medium to the User within 24 hours.

13.4 For the purposes of the preceding paragraph, the statement in which the User communicates, in his or her own words, the decision to terminate the contract shall be considered unequivocal, namely due to

letter, by telephone contact, by returning the Product or by any other means capable of being proved, under the general terms.

13.5 The User's right of withdrawal is deemed to have been exercised within the time limit when the statement of withdrawal is sent before the expiry of the time limit referred to in 13.2 above.

13.6 In the event of free cancellation of the contract, and provided that the conditions described in 13.2. above are met, SSC shall reimburse the User for all payments made, excluding delivery costs, within 14 (fourteen) days of the day on which notice of free cancellation is given by the User, without prejudice to the provisions of 13.10. below.

13.7 SSC reserves the right to refuse the exercise by the User of any free cancellation of the contract, as well as to refund the amounts paid, if it finds that the Product(s) returned are not in the exact conditions described in 13.2 above.

13.8 Refunds of payments shall be made using the same means of payment that were used by the User in the initial transaction, unless expressly agreed otherwise and provided that the User does not incur any costs as a result of the refund.

13.9 SSC hereby informs you that, under the terms of the Law, it will not reimburse additional delivery costs when the User expressly requests a different and more expensive delivery method than the commonly accepted and less expensive method proposed by SSC.

13.10. SSC hereby informs you that it may withhold the amount to be refunded until it has received the returned Products;

13.11. When the Product to be returned, delivered to the User's address at the time of conclusion of the contract, cannot, due to its nature or size, be returned by post, it shall be the responsibility of SSC to collect the Product and bear the cost thereof.

13.12. For the purposes set out in the preceding paragraphs of this Clause, the User must return the Products without undue delay and at the latest within 14 (fourteen) days from the day on which the User informed SSC of the free cancellation of the contract, this period being deemed to have been respected if the User returns the Products before the expiry of this 14 (fourteen) day period.

13.13. The User shall not send the Products to SSC without having given prior notice of his/her intention to return them.

14.Warranty

14.1 All Products marketed by SSC are guaranteed to be in conformity until the expiry date for consumption, or until the end of the period recommended for consumption after opening, provided that the said expiry date has not been exceeded and provided that they are packaged in accordance with the instructions indicated on the Product packaging [the expiry date and the period recommended for consumption are indicated 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 SSC's guarantee that, once the conditions set out in that paragraph have been verified, if the Product does not conform to the legal terms, or if it is unfit for normal consumption, the User shall be entitled to have it replaced, or, if he expressly so indicates, to reimbursement of the price and charges related to transport of the Product(s).

14.3 A lack of conformity within the meaning of the applicable law shall not be deemed to exist if, at the time the contract is concluded, the User is aware of this lack of conformity or cannot reasonably be unaware of it or if it arises from the materials supplied by the consumer.

14.4 In order to exercise any right conferred in paragraph 14.2, the User must notify SSC of the situation using the electronic return form available on the WEBSITE, stating the order number and the description of the non-conformity, and the costs of returning or collecting items under warranty will be borne by SSC.

14.5 Upon receipt of the returned Product(s) at SSC's premises, SSC will verify the alleged non-conformity and, if this is proven, SSC will replace the Product(s) by sending a new Product within a reasonable time and at no additional cost, unless the User has expressly requested reimbursement of the price and charges related to transport of the Product(s) - which will be carried out under the exact terms of Clauses 13.7 to 13.11 above.

15.SSC's responsibility

15.1 All Products commercialised in the ONLINE SHOP comply with Portuguese legislation.

15.2. SSC is not liable for damages arising from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, browsing or the provision of services to Users.

15.3 Under no circumstances may SSC and/or its representatives and employees be held liable for any damage that may arise, even accidentally, from the malfunctioning of this WEBSITE, in any capacity and for whatever period of time such malfunctioning may last, or for any damage caused by reproduction, use or exploitation.

16.Intellectual property

16.1. The User recognises and accepts that all intellectual property rights, including but not limited to copyright, trademark, or any other rights relating to any and all material and content forming part of the WEBSITE remain at all times the property of SSC or its licensors.

16.2. The User is permitted to use said material only to the extent expressly authorised by SSC or its licensors. This does not prevent the User from using this website to obtain a copy of an order or the terms of the Contract.

17.Privacy policy

17.1. Nova Sabores Santa Clara, Unipessoal, Lda., as data controller, respects the User's privacy.

17.2. Any and all personal data collected on the WEBSITE or ONLINE SHOP will be kept confidential and will not be sold, communicated or in any way reused by third parties without your authorisation.

17.3 Any personal data provided to SSC will be processed in accordance with the relevant legislation, best practices and ensuring all technical and organisational security measures to protect them, and will be used for the sole purpose of executing the User's purchase order and improving their experience on the WEBSITE and ONLINE SHOP.

17.4 For more information on how we process your personal data, please consult our Privacy Policy.

18.Communications

18.1 By using the WEBSITE and the ONLINE SHOP, the User accepts that communication between them and SSC is mainly electronic.

18.2 SSC will contact the User by sending an e-mail to the e-mail address provided by the User when registering / creating a User Account or will provide the User with information by inserting notices on the WEBSITE or in the User's Customer Account.

18.3 For contractual purposes, the User accepts this means of communication by electronic means and recognises that any contracts, notices, information and other communications that SSC transmits to him electronically satisfy the legal requirement that such communications be made in writing.

18.4 All communications from the User to SSC must be sent via the electronic forms available on the WEBSITE and in the ONLINE SHOP or via email to the following address geral@saboressantaclara.com.

18.5 Without prejudice to the provisions of the previous paragraph, SSC may also communicate with the User by post to the address indicated at the time of Registration / creation of the User Account.

18.6 Any communication shall be deemed to have been received 24 hours after it is entered on the WEBSITE or sent by email, or on the third working day following the date on which it is sent by post.

19.Transfer of rights and obligations

19.1 The User may not transfer, assign or encumber its contractual position, or otherwise dispose of the contract it enters into with SSC under these Terms and Conditions or any rights or obligations arising therefrom, without SSC's prior written consent.

19.2 The User expressly recognises and accepts that SSC may transfer, assign or encumber its contractual position, sub-contract or otherwise dispose of the contract it enters into with the User under these Terms and Conditions or any rights or obligations arising therefrom, at any time during its term.

19.3 Notwithstanding the foregoing, no transfer, assignment or encumbrance of such position, or act of disposition of the contract, shall have the effect of limiting the User's legal rights as a consumer or reducing or limiting in any way any warranty expressly or implicitly provided by SSC to the User.

20.Resignation

If SSC, at any time during the term of the Contract, refrains from requiring strict fulfilment of any obligation for the User arising from these Terms and Conditions, the WEBSITE Terms of Use, the Privacy Policy or the Cookies Policy, or from exercising any right or option provided for therein to put an end to such non-compliance, this shall not constitute a waiver of such rights and options and shall not exempt the User from fulfilling his/her obligations.

21.Reduction

The declaration of invalidity, illegality or ineffectiveness by a competent authority of any of the provisions of these Terms and Conditions shall not affect any of the remaining provisions, which shall remain in full force and effect.

22.Modification of terms and conditions by SSC

SSC reserves the right to change these Terms and Conditions at any time without prior notice, and any changes will be published on the WEBSITE and updated in the ONLINE SHOP.

23.LAW AND FORUM

23.1 All contracts entered into under these Terms and Conditions, i.e. all purchases made in the ONLINE SHOP available at saboressantaclara.com, are subject to Portuguese law.

23.2 Any conflict or divergence of interpretation of these Terms and Conditions shall be submitted to the Portalegre District Court.