GENERAL TERMS AND CONDITIONS

These General Conditions are intended to regulate the terms and conditions by which Maria do Rosário Severino Silva, commercially known as Quinta da Moita Agroturismo with address at Rua da Torrinha 2 Carrazedo, 5120-282 – Pinheiros – Tabuaço and NIF 159231221, hereinafter , also called, store.

Quinta da Moita Agroturismo’s service consists of making available and supplying a set of products in order to allow the User, who is assigned the status of Customer, to order and purchase online the products presented therein. Using Quinta da Moita Agroturismo implies acceptance and full agreement with all the parameters present in the current Terms and Conditions described, when accessing the store. If you do not accept, partially or fully, any of the conditions stipulated, you should not make purchases at Quinta da Moita Agroturismo, and by accessing the store you will be committing yourself and being responsible for respecting the conditions determined on this page.

Quinta da Moita Agroturismo reserves the right to update and change the Terms and Conditions without prior notice. It is advisable to periodically check the Terms and Conditions for any changes or updates.

Product and price information

Quinta da Moita Agroturismo informs customers about the characteristics, descriptions, images or videos of each product on each page available. Quinta da Moita Agroturismo is committed to making its products available clearly and correcting possible errors that may occur as quickly as possible. Quinta da Moita Agroturismo concisely presents the prices of each product, including VAT rates. This value will always be included in our prices.

The costs of the shipping service are borne by the User/Customer, and are added to the total value of the products, except in duly marked situations. The Customer will be informed of these charges before confirming their order and completing the purchase process.

Information about products, prices, content, images, videos, promotional campaigns and services can be updated and changed by Quinta da Moita Agroturismo at any time.

Intellectual property

Quinta da Moita Agroturismo is an online store, whose content, domain, information present, are the property and responsibility of Maria do Rosário Severino Silva, and are therefore protected by copyright and related rights. Any and all use, reproduction, copying or dissemination of visual or written content is subject to prior approval by the same. The customer undertakes to fully respect the aforementioned conditions and rights, as well as to refrain from acts that may go against the law and rights such as copyright, related rights, among other legislation applicable to the use of images and content, without express approval. Quinta da Moita Agroturismo cannot be held responsible for any misuse of such products.

Product availability

All products available in the store can be purchased, except in cases of shortages or stock limitations. Quinta da Moita Agroturismo will try to keep information regarding product availability updated in the store, however, it cannot guarantee the accuracy of the information provided.

If the product is no longer available after the purchase has been completed, Quinta da Moita Agroturismo undertakes to contact the customer, by telephone or email, as soon as possible in order to speed up the process with the same.

Fees and taxes

At Quinta da Moita Agroturismo the prices shown are in Euros, with the appropriate VAT and tax rates applied in accordance with current law, which are already included in the price shown.

Disclaimer

When creating and using an account at Quinta da Moita Agroturismo, the customer is responsible for maintaining the account, confidentiality and for all activity arising from their account. When creating a user account and placing orders, the customer expressly and unequivocally accepts the Terms and Conditions in their most up-to-date version.

Quinta da Moita Agroturismo is not responsible for any information disclosed by third parties, technical failures or any other problems that prevent access and proper functioning of the online store.

Quinta da Moita Agroturismo is not responsible for possible damages, directly or indirectly related to the use, or inability to use, of the products available, as well as for any delay or unforeseen circumstances in the delivery of orders.

This contract is subject to Portuguese Law and current legislation.

Terms and Conditions of Sale

Quinta da Moita Agroturismo reserves the right, at any time, without the need for prior notice and with immediate effect, to change, add, update or eliminate, partially or totally, these terms and conditions, so the User should consult them periodically and before validating your order.

These Terms and Conditions of Sale, in their updated and current version, establish the rules applicable to the Quinta da Moita Agroturismo Online Store (“Store”) available here, as well as the acquisition, payment, shipping and return of Quinta products da Moita Agroturismo and are applicable to all Users regardless of their nationality or place of residence.

The Store is available to Users of legal age. When validating your purchase order, the User declares that he or she is over 18 years old

Products

  1. The essential characteristics of the products are accessible at the time of ordering and can be consulted in the Store.
  2. The products available in the Store are described and presented according to their original characteristics.
  3. The photographs are intended to illustrate the products in a realistic way, however, despite the best efforts of Quinta da Moita Agroturismo, the photographs presented may not correspond exactly to the product described (because they are conditioned by the equipment on which they are viewed), with the reproduction of the products being the closer to reality.
  4. Product descriptions do not constitute any warranty of express conformity or fitness of a product for a particular purpose.
  5. Quinta da Moita Agroturismo reserves the right, at any time and without prior notice, to limit the quantity or discontinue the products available, as well as to change the description and offer of products or other information in the Store catalogue, including the products, prices, promotions and commercial conditions.
  6. Purchases made by the Customer are subject to the Terms and Conditions in force on the date the order is placed.

Order

  1. To place an order in the Store, the customer must:
    1. Insert the product(s) to be purchased into the virtual shopping cart;
    2. Complete the information and choose the options available to you throughout the Checkout process, namely, indicate name, email address (when not registered as a Customer or when different from the information contained in the registration), delivery address and billing, type of shipping, payment method, as well as the NIF and the name that, for tax purposes, you want to appear on the invoice.
  2. The Customer is responsible for the veracity of the data communicated to Quinta da Moita Agroturismo and undertakes to immediately update their personal information, when applicable. In particular, the data contained in the invoice is the sole responsibility of the Customer. The invoice once issued cannot be reissued with changes.
  3. Product availability is subject to stock. Quinta da Moita Agroturismo will try to keep information regarding product availability updated in the Store, however, it cannot guarantee the accuracy of the information provided. Quinta da Moita Agroturismo will contact you in case of unavailability of the product(s) purchased.

All information provided is treated under the terms described in the Privacy Policy. By submitting the requested information, the Customer declares to have read, understood and accepted the Privacy Policy.

Conditions applicable to the order

  1. Order requests are valid for 48 hours, unless the order is registered under a promotional campaign that defines a different deadline, and it is not possible to guarantee prices, discounts, promotions and offers beyond this deadline.
  2. If payment is not received within the aforementioned period, the order cannot be validated. Any amount received after this date will be returned using the same payment method used by the Customer in the initial transaction or by bank transfer, if the payment method used does not allow it.
  3. The placing of orders and consequent purchase of products through the Store will only be completed if the delivery location is located within Europe. For sales to other destinations, the Customer may contact Quinta da Moita Agroturismo directly using the contact form available on the website or via email to quintadamoita.agroturismo@sapo.pt.

Shipping and delivery

  1. Shipments from Quinta da Moita Agroturismo are the responsibility of the customer, except in duly marked situations. Quinta da Moita Agroturismo is not responsible for any delays in the shipping service or delivery failures resulting from the Customer providing incorrect or incomplete addresses.
  2. The processing time for an order varies between 3 and 5 business days. Quinta da Moita Agroturismo will inform the Customer in advance if delivery times are longer.
  3. After processing and shipping the order, the Customer will receive a confirmation email to the email address provided.

Payment

  1. The Quinta da Moita Agroturismo store currently allows you to pay for your order using the following means:
    • Bank transfer
      After submitting the order you will receive an email with the bank details necessary to make the transfer. Payment must be made within a maximum period of 48 hours, otherwise the order will be cancelled. You must send proof of transfer to the email address quintadamoita.agroturismo@sapo.pt indicating the order number and customer. The order will be processed and shipped after payment confirmation
  2. Quinta da Moita Agroturismo will not be responsible for any additional fees or charges charged due to the selected payment method.
  3. Upon receipt of payment, and within a maximum period of 24 (twenty-four) hours, the Customer will receive an email confirming the order. The email will be sent to the email address indicated by the customer when registering on the Website or indicated when placing the order.
  4. The invoice will be made available to the Customer together with their order, via email, to the email address provided by them.

Right of free resolution and guarantee

  1. If the Customer is not satisfied with a specific product, the Customer has the right to terminate the contract, without the need to indicate a reason, within 14 (fourteen) days counting from the day on which the Customer receives the order.
  2. The Customer can exercise the right of free resolution by sending an email to quintadamoita.agroturismo@sapo.pt, indicating the order number and the products to be returned. For this purpose, the customer can also use the model resolution form established in Decree-Law No. 24/2014, of February 14, available here. This form, once completed, must be sent to the email indicated here.
  3. Products returned without prior information will not be accepted.
  4. The product(s) must be delivered in the same condition as it was sold, with the original labels and packaging, without external damage or signs of use, in perfect condition and properly packaged.
  5. The Customer is responsible for ensuring that products are not damaged or lost during the return process to Quinta da Moita Agroturismo. If the order is lost in the process, there will be no refund of the amounts paid (to reduce the risk, sending by registered mail is recommended).
  6. The Customer will bear the full costs of returning the products, including any customs fees, duties or other taxes charged by any government, national authority or equivalent, which may be applicable. However, Quinta da Moita Agroturismo will bear the shipping costs in the event of an error in sending the order (wrong or damaged product).
  7. Once the returned order has been received, verified and approved, Quinta da Moita Agroturismo undertakes to reimburse the Customer, within a maximum period of 14 (fourteen) days from the date on which it was informed of the resolution decision, through the same means of payment.

Exchanges

  1. The User may exchange the purchased products for others of equal or greater value by sending an email to quintadamoita.agroturismo@sapo.pt, within 14 (fourteen) days after receiving the order.
  2. For this purpose, the Customer must indicate the order number and the products to be exchanged, as well as present the product purchase invoice. Quinta da Moita Agroturismo will process your request within 48 hours.
  3. The products to be exchanged must be sent to Quinta da Moita Agroturismo, with the costs of returning the products being borne in full by the Customer, including any customs fees, duties or other taxes charged by any government, national authority or equivalent, possibly applicable. Quinta da Moita Agroturismo will bear the shipping costs in case of error when sending the order (wrong or damaged product).
  4. The product(s) must be delivered in the same condition as it was sold, with the original labels and packaging, without external damage or signs of use, in perfect condition and properly packaged. Quinta da Moita Agroturismo reserves the right to refuse exchanges if products appear to have been used, altered or damaged.
  5. The Customer is responsible for ensuring that the products are not damaged or lost during the return process to Quinta da Moita Agroturismo. If the order is lost in the process, there will be no refund of the amounts paid (to reduce the risk, it is recommended sending by registered mail).
  6. If the product selected for exchange is available when the returned products are received by Quinta da Moita Agroturismo, the exchange will be processed within 1 (one) week. The Customer will receive an email with shipping confirmation.
  7. If the product selected for exchange is not available when the returned products are received, the exchange will be processed as soon as the item is available. The exchange processing time, in this case, may vary, however, the Customer will be kept informed. As soon as the product selected for exchange is available, the Customer will receive confirmation of its shipment by email.

Claims

  1. Quinta da Moita Agroturismo seeks to ensure that products are in perfect condition when they are shipped. However, if the Customer receives a damaged/defective product, they must contact Quinta da Moita Agroturismo via email at quintadamoita.agroturismo@sapo.pt as soon as possible, indicating the defect presented and attaching photographic evidence. Quinta da Moita Agroturismo will contact the Customer, informing them of the next steps in the complaint process.
  2. The Customer may also submit a complaint through the Electronic Complaints Book available here.

Representations and warranties

  1. Without prejudice to the other obligations and guarantees set out in these Terms and Conditions, the Customer represents and warrants that:
    1. You are duly authorized to accept these Terms and Conditions and to comply with all obligations set out herein, namely that you have the legal capacity to purchase the products sold by Quinta da Moita Agroturismo.
    2. These Terms and Conditions constitute a legal, valid and binding obligation, enforceable in accordance with the provisions contained in this document and other applicable legal provisions.

Final dispositions

  1. If any of the provisions of these T&C are declared null or otherwise invalid, ineffective or inapplicable by a competent authority, this will not affect the validity of the remaining provisions of the contract and the Parties agree to replace, in good faith, said provision with another which, as far as possible, produces similar effects.
  2. The nullity, in whole or in part, or the impossibility of complying with any provision of these Terms and Conditions will not affect the validity and the obligation to comply with the remaining provisions, unless the interested party demonstrates that the objective pursued by both parties , allows us to assume that the parties would not have concluded the contract under these conditions.
  3. Any matters relating to the operation of the Store that are not expressly regulated by these Terms and Conditions will be evaluated and decided by Quinta da Moita Agroturismo, within the widest margin of discretion permitted by law. For any clarification in this regard, you can contact Quinta da Moita Agroturismo via email quintadamoita.agroturismo@sapo.pt.

Applicable law, forum and alternative dispute resolution

  1. Portuguese law applies to all matters regulated by these Terms and Conditions.
  2. The Customer may submit a complaint to the Consumer Dispute Arbitration Center at their home address. You can consult the list of Alternative Consumer Dispute Resolution entities here and check which part of the national territory they cover using this form.
  3. In the event of an online consumer dispute, the Customer may also use an online dispute resolution system (RLL), the ODR Platform (online dispute resolution), with competence for resolving disputes relating to contracts concluded remotely, available here.

 

Maria do Rosário Severino Silva, commercially known as Quinta da Moita Agroturismo, january 2024

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