TERMS AND CONDITIONS

 

1. GENERAL CONDITIONS

1.1- These general terms and conditions of sale are agreed between Joana Lourenço, Lda., with registered office at Rua do Poder Local, n.º 4, 8º Esq., 1675-156 Pontinha, registered at the Commercial Registry Office, with registration and legal person number 515 677 736, hereinafter referred to as "ERVA D'OURO" and the people who make purchases through its online store available at WWW.ERVADOUROMERCEARIA.COM, hereinafter referred to as "User".

1.2- Purchases made through this website are governed solely by these general conditions of sale to the exclusion of any conditions previously available on the WWW.ERVADOUROMERCEARIA.COM website, hereinafter referred to as the "ONLINE SHOP", or by prior express written agreement.

1.3- These Terms and Conditions only apply to consumer relations, and will therefore not apply to purchases and sales of products made between ERVA D'OURO and legal persons or natural persons acting for purposes that fall within the scope of their commercial, industrial, craft or professional activity.

1.4- ERVA D'OURO may modify the provisions of its terms and conditions from time to time, so the User should re-read them each time they visit the ERVA D'OURO website.

1.5- The purpose of these general terms and conditions of sale is to provide and define the information required by the user and regulate all the steps required to place an order.

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

a) By filling in and submitting the electronic form available in the ONLINE SHOP for this purpose;

b) Através de contacto telefónico para o número: (+351) 963420585 (Chamada para a rede móvel nacional);

c)Enviando uma mensagem de correio eletrónico (email) para o seguinte endereço: geral@ervadouromercearia.com

 

2. ACCEPTANCE

2.1- 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, which constitute the total regime and agreement for the purchase and sale of Products through the ONLINE SHOP and prevail over any previous agreement or combination given by ERVA D'OURO, in written or oral form.

2.2- The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts.

2.3- In the event that ERVA D'OURO 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, ERVA D'OURO reserves the right to immediately terminate any contract entered into with that User, without the latter being entitled to any compensation and ERVA D'OURO being entitled to demand compensation from him/her on account of any potential damages or losses he/she may have incurred as a result of the false declarations.

2.4- By using the respective ONLINE SHOP, whether simply browsing or placing an order and/or making a purchase, the User acknowledges and accepts that he/she is bound by the terms of use of the Website, as well as the other policies contained therein, namely the Privacy Policy, which he/she declares that he/she has read and is aware of, and undertakes to comply with them.

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

 

3. ORDERS AT WWW.ERVADOUROMERCEARIA.COM

3.1- To make a purchase, the user must follow the process below:

a)Browse the ONLINE SHOP and get to know the articles on offer;

b)Add the desired items to the shopping cart, access the shopping cart via the icon at the top of the page, edit the quantity of items and finalize the purchase via the "Checkout" button;

c)Check the "Order Summary";

d)Fill in the e-mail address and click on "Continue";

e)Select "Submission Options", fill in the data requested for submission and click on "Continue";

f)Select the desired payment method and proceed;

g)Confirm all the data and press the "PLACE ORDER" button (the "Order Confirmation" button).

3.2- To place an order, the user must fill in the form on the contact page or the order form on some specific pages only, with the information requested, indicating the items, quantities and pick-up and/or delivery dates desired.

3.3- The completion of the order/purchase by the user represents full and complete acceptance of the prices and description of the products available for sale, as well as these general conditions.

3.4- All orders placed through the ONLINE SHOP will be followed by a confirmation sent by e-mail, with the details of the order and its total value, including the cost of transportation.

3.5- ERVA D'OURO respects the deadlines of an order as long as stock is available. If ERVA D'OURO is unable to supply all or part of a customer's order within the desired timeframe, it will contact the customer immediately by e-mail or telephone in order to find the most suitable solution and inform them of the new delivery time for the product. If the customer does not agree with the new delivery time, they may choose to have the product replaced by another product of equal or greater value or have the amount paid refunded.

3.6- Orders will be dispatched once payment has been confirmed.

3.7- The personal data identified on the order form as having to be provided is essential for ERVA D'OURO to provide the service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in ERVA D'OURO refusing to provide the service.

 

4. DELIVERY TIME

4.1- Delivery time is, on average, 2 to 5 working days in Portugal and the European Union, and can take up to 10 working days in the event of a stock-out.

4.2- Delivery times to other international destinations depend on ERVA D'OURO's service providers, so the customer will be informed when the order is confirmed by e-mail or telephone.

4.3- No caso de uma encomenda especial e/ou urgente, pode contactar-nos pelo geral@ervadouromercearia.com ou pelo telefone: +351 963420585 (chamada para rede móvel nacional).

 

5. PAYMENT

5.1- ERVA D'OURO allows the user to pay directly via Stripe or Paypal for purchases made in the ONLINE SHOP. For orders placed via form, ERVA D'OURO offers the following payment methods:

a)MBWay;
b)Paypal;
c)Bank transfer

5.2- ERVA D'OURO will use its best efforts to guarantee the utmost confidentiality and security of data transmitted over the Internet. ERVA D'OURO does not store any of the User's payment data in its ONLINE SHOP or servers; this data is processed directly by the payment platforms.

 

6. COMPLAINTS, RETURNS AND CANCELLATION

6.1- All products are packaged appropriately for shipment, however ERVA D'OURO recommends that the order is opened and examined upon receipt.

6.2- Em caso de anomalia, irregularidade ou dano à embalagem, verifique se o conteúdo está intacto, tire uma fotografia se possível e envie para a ERVA D’OURO via e-mail para: geral@ervadouromercearia.com. Pode recusar a recepção da mercadoria se considerar que não foi transportada nas devidas condições.

6.3- An order can be canceled by the customer, free of charge and without any justification, as long as the cancellation is made before the shipment is processed.

6.4- Most of the products sold by ERVA D'OURO are perishable or susceptible to changes depending on the conditions of handling, temperature, light or humidity, so the return of a product is only accepted under conditions that have not deteriorated its quality.

6.5- A ERVA D’OURO aceita devoluções de produtos num prazo de 15 dias a contar da data de receção da encomenda pelo cliente, desde que o produto esteja intacto (incluindo as embalagens que acompanham o produto, rótulos e lacres), caso contrário a devolução poderá não ser aceite.

6.6- To return an order, the customer must, upon receipt, pack it properly and carefully and send it back to the shipping address described on the waybills.

6.7- The amount paid for the products will be refunded within 15 days, after the products have been received, checked and are in perfect condition.

6.8- Shipping costs will not be refunded.

 

7. PRICES AND OTHER CHARGES

7.1- Prices are shown in Euros, taking into account the VAT rate applicable on the date of payment of the order.

7.2- Transport costs, paid by the customer, are calculated on the basis of the weight of the products, the volume of the packaging and the destination of the shipment. This amount is indicated to the customer by e-mail after the order has been received by ERVA D'OURO and confirmed.

7.3- All taxes associated with products and transportation will be included in the total amount payable, except for customs duties due outside the European Union.

7.4- ERVA D'OURO makes its best efforts to ensure that all product price information indicated in the ONLINE SHOP is correct and up-to-date at the time of consultation. However, the user expressly acknowledges and accepts that such information may contain errors and that ERVA D'OURO only guarantees that the unit sale price of the product will always be the one indicated in the Order Summary generated at the time immediately prior to the User finalizing the purchase.

 

8. GUARANTEE

8.1- All products sold by ERVA D'OURO are guaranteed to be in conformity until the expiry date stated on the packaging itself or until the end of the period recommended for consumption after opening, provided that the expiry date has not yet been exceeded and provided that they are packaged in accordance with the instructions indicated on the Product packaging.

8.2- Whenever a product does not comply with the legal terms, or if it is unfit for normal consumption, the customer will be entitled to have it replaced, or, if they expressly so indicate, to reimbursement of the price and transport charges.

 

9. RISKS AND INTELLECTUAL PROPERTY

9.1- From the moment of delivery of the Product(s) ordered to the address indicated for this purpose by the User, the risks of perishing, loss or deterioration of the Product(s) supplied shall be the responsibility of the customer.

9.2- The ONLINE SHOP and the content it contains are protected by copyright and industrial property laws and may not be copied, reproduced or disseminated, in whole or in part.

9.3- It is forbidden to copy or retransmit any text, logo, graphic, sound or image from the ERVA D'OURO website, unless expressly permitted by ERVA D'OURO.

9.4- The printing and collection of information contained on this site for personal use is permitted.

 

10. LITIGATION AND LIABILITY

10.1- All products sold by ERVA D'OURO on its website comply with Portuguese legislation.

10.2- ERVA D'OURO is not responsible for any inconvenience or damage caused to the user by the use of the Internet network, such as: service disruption, external intrusion, anomalies caused by computer viruses or any other case of force majeure.

10.3- Under no circumstances may ERVA D'OURO and/or its representatives and employees be held liable for any damages that may arise, even accidentally, from the malfunctioning of this Website, in any way and for whatever period of time such malfunctioning may last, or for any damages caused by reproduction, use or exploitation.

10.4- The law applicable to any contractual relationship established through the ERVA D'OURO website is Portuguese law.

10.5- The Lisbon District Court shall have jurisdiction to settle any and all disputes arising from any contract entered into under these general terms and conditions of sale, expressly waiving any other court.

 

11. PRIVACY AND PERSONAL DATA POLICY

11.1- ERVA D'OURO is responsible for processing the personal data provided by the user and respects their right to privacy.

11.2- Any and all personal data collected on the Website will be kept confidential and will not be communicated, sold or reused by third parties without your authorization.

11.3- Any personal data provided to ERVA D'OURO will be processed in accordance with the relevant legislation, with best practices and ensuring all technical and organizational security measures to protect them, which will be used for the sole purpose of executing the User's purchase order and improving their experience on the Website.

11.4- For more information on how ERVA D'OURO handles your personal data, please consult our Privacy Policy available here.

 

12. COMPLAINTS BOOK

For complaints, go to the following link here.