Terms and Conditions
Last Update: July 5th, 2022
These General Conditions (together with the order form and other elements referred to on those documents) establish the conditions governing the use of the website and the Conserveira do Sul Online Store and the purchases of products through the same (hereinafter, the “Conditions”).
Please read the Conditions carefully before using the Online Store and its website (hereinafter collectively referred to as the “Online Store”). By using the Online Store or by placing an order or purchasing through it, the customer is accepting these Conditions and being bound by them. Therefore, if you do not agree with these Conditions, the customer must not use the Online Store.
The Conserveira do Sul Online Store belongs to Conserveira do Sul, S.A., a public limited company headquartered in Zona Industrial, Lote 122 a 141, 8700-281 Olhão, Portugal, registered with the Commercial Registry under the unique registration and collective number 500 071 950, hereinafter referred to as “Conserveira do Sul”.
When using the Online Store and/or placing orders through it, the customer undertakes to:
- Use this website only to carry out legally valid queries or orders;
- Do not place any false or fraudulent order. If, rationally, we can consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities;
When placing an order through the Online Store, the customer declares that he is over 18 years of age and has the legal capacity to enter into contracts.
The products presented in the Online Store are only available for delivery in the following countries: Portugal (Mainland and Islands), Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Netherlands, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Poland, Czech Republic, Romania and Sweden.
Delivery times: After confirmation of receipt of payment, we will prepare your order and schedule the collection for the next working day, except for out of stock. Once your order is in transit, you will receive an email from the carrier with the number to track your order. Delivery time after collection: Portugal (Mainland and Islands) and Spain - Delivery within 24-72 working hours. Germany, Austria, Belgium, Croatia, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, Netherlands, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Poland, Czech Republic and Sweden - Delivery in 4-8 working days.
The information contained in these Conditions and the details included in the Online Store do not constitute a contractual proposal, but an invitation to contract. There will be no contract between Conserveira do Sul and the customer regarding any product until your order has been expressly accepted by Conserveira do Sul. If the customer's offer is not accepted and a debit has already occurred on his/her account, the total amount will be refunded.
To place an order, you must:
- Choose the category/brand of products you want to purchase. View the product(s) that interest you. Click on the article to enlarge the image and information about it;
- Select an item and add it to your shopping cart. Then you can choose to continue shopping or process your order;
- If you wish to process your request, you have the option to do so by registering;
- Select a payment method : MBWAY, ATM Reference or Pay Pal.
- Confirm your order. You will then receive an email acknowledging the reception of your order (the “Order Confirmation”). The contract between Conserveira do Sul and the customer for the purchase of a product (“Contract”) will be formalized when we send you the Order Confirmation;
If the customer does not receive the Order Confirmation email, he is requested to contact Conserveira do Sul through the following contacts [Contact Us] so that this notification is sent again to the customer's email address.
Only the products mentioned in the Order Confirmation will be the subject of the Contract. If one of the ordered products is out of stock, Conserveira do Sul will assign the following options to the Customer: (i) discount code corresponding to the value.
All product orders will be subject to availability. If there is any difficulty regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about replacement products, of equal or superior quality, that the customer may order. If you do not wish to order any of these replacement products, we will refund the amount you have already paid.
We reserve the right to withdraw any product from the Online Store at any time and to delete or modify any material or content therein. Although we do our best to always complete all orders, exceptional circumstances may occur that force us to refuse to complete any order after we have sent the Order Confirmation, so we reserve the right to do so at any time, if so we understand to do.
Conserveira do Sul 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.
The images illustrating each product at Conserveira do Sul may differ from the product later delivered, and these same products are also subject to be out of stock.
Despite Conserveira do Sul's efforts, some products may have an inaccurate price, which is why the company checks prices whenever it processes orders. If the actual price of the product is lower than the advertised price, Conserveira do Sul will refund the difference. If the price is higher, Conserveira do Sul will inform the customer of such situation by e-mail and will await his decision to accept the new price or cancel the order within 15 days from the date on which the e-mail was sent. If we are unable to contact the customer, the order will be canceled and the amount paid will be totally refunded.
Under Portuguese legislation, all prices shown on Conserveira do Sul include the respective legal VAT taxes, unless otherwise stated. Only for resale professionals, the values presented at Conserveira do Sul do not include VAT, with the information “Without VAT” always visible and next to the price.
To the prices shown on the products, is added the respective value of the postage for each order, which is calculated in accordance with the following tables. The shipping cost depends on the weight and volume of the order and the respective delivery destination.
The shipping costs can be simulated in the shopping cart with the desired products added and filling in all the requested fields of the simulator. The total shipping costs will also be automatically calculated when placing your order in the Online Store. It should be noted that the factors in this calculation may be variable and change without prior notice.
10.1. Exceptions on charging shipping costs (Free Shipping)
Requirements to free shiping:
- on purchases over 25€ to Portugal (mainland only);
- on purchases over 35€ to Spain (mainland only);
Without prejudice to the provisions of Clause 7 above, regarding the availability of products, and unless extraordinary circumstances occur, we will attempt to ship the order relating to the products mentioned in each Order Confirmation before the delivery date indicated on it. However, delays may occur, in particular for any of the following reasons (among others):
- product customization;
- specialized articles;
- unpredictable circumstances;
- delivery zone;
If, for any reason, we are unable to meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with your purchases, establishing a new delivery date, or canceling the order with a refund of the total amount paid. In any case, we do not deliver on Saturdays nor on Sundays.
In case of unsuccessful delivery attempt by the transport company in case of absence, a notice of delievery atempt is always left in the customer's mailbox with the carrier's instructions. Depending on the service and on the carrier the orders must be collected at the location indicated by the carrier in the notice ticket, or the directions requested in the same notice must be followed.
If for some reason the customer cannot receive the order or pick it up on site indicated by the carrier, the customer must contact Conserveira do Sul so that together the most suitable solution can be found.
The risks of the products will be the customer's charge from the moment of their delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in relation to them, including shipping costs, or at the time of delivery, if this is specified date is later.
The price of each product will be the one stipulated, at all times, in the Online Store, unless there is an obvious error. While we try to ensure that all prices shown on the page are correct, errors may occur. If we detect a error in the price of any of the products that the customer has ordered, we will proceed in compliance with clause 9.3.
We will not be obligated to supply you with any product at the incorrect lower price (even though we have sent the Order Confirmation) if the price error is manifest and unequivocal or if it could have been recognized by the customer, in a reasonable, as being an incorrect price.
Prices may change at any time, but (except as previously established) the possible changes will not affect orders for which we have already sent an Order Confirmation.
You can pay by MBWay, with an ATM reference or by Pay Pal. If the payment methot selected is Paypal, the debit will be made at the moment we confirm the request.
In the case of payment by Pay Pal, by clicking on "authorize payment" the customer confirms that the card is yours or that you are the rightful owner of the payment card.
It is not possible to return or exchange one or more items that have been offered. In this case, to exchange or return it, you must contact the person who purchased in order for it to return or exchange it in accordance with the Conditions described in Returning Products due to Withdrawal.
Return of defective products
The customer should contact Conserveira do Sul via the email email@example.com,if he finds that the items delivered are defective, or do not comply to what was ordered. The exchange or return can be made up to 30 days from the date of receipt. The customer must keep the article identification tag and all labels and the product must be in the same condition as that was delivered.
The Customer must demonstrate that the product was defective. Conserveira do Sul will analyze the returned product and inform the customer of the right to the respective refund (if applicable), within a maximum period of 15 working days. In case your claim is justified, a refund of the amount paid may be made at the same way as the initial payment or through a voucher to be used later in the Conserveira do Sul online store.
Return of products due to withdrawal
The Customer has the right to terminate this contract within 14 calendar days, without giving any reason. The period for exercising the right of free resolution expires 14 days from the day following the day on which the client have received the product.
In order to exercise the right of free withdrawal, the client must communicate to Conserveira do Sul the decision of withdrawal from this contract by means of an unequivocal statement (for example, letter sent by post or email) to the address:
Conserveira do Sul
Conserveira do Sul, S.A.
Zona Industrial, Lote 122 a 141,
You can use the model of withdrawal available in ANNEX 1, but this is not mandatory.
In order for the free resolution period to be respected, it is sufficient that your communication concerning the exercise of the right of free resolution is sent before the deadline of resolution.
Free resolution effects
In the event of termination of this contract, all payments made (with the exception of costs incurred by the carrier for the return of the goods, which must be borne by the Customer) will be refunded without undue delay and, in any case, no later than 14 days from the date on which Conserveira do Sul is informed of the decision to terminate this contract, provided that the asset(s) has already been returned.
Refunds are made using the same payment method used in the initial transaction, unless expressly agreed otherwise; in any case, it does not incur any costs as a result of such reimbursement. Conserveira do Sul may withhold the refund until it has received the returned goods.
The right of return and the free termination of the contract only occurs if:
- The products have not been opened, used or damaged;
- The product maintains its original characteristics;
- The product is complete (eg both items in a pair must be returned);
- The product has the original tag and labeling
- Products that have been tampered with
To return the item
Returns are accepted as long as they are made within 14 days from the receipt of the product(s), as long as they are returned in the condition in which they were purchased and with tag and labelling.
If the client wish to exercise the right of Free Resolution of Contract, it is necessary to inform us of that.
You can choose to:
- Request reimbursement of the amount previously paid for the same payment method;
- Request the sending of a Conserveira do Sul voucher for the amount previously paid;
After the client have informed us of the intention to exercise the right of Free Resolution of Contract of the order, the client will have another 14 extra days to return the items in question. We ask the client to fill in this form [insert hyperlink] which must accompany the shipment of the item(s) to be returned. The items and the form must be sent to the address indicated on the original packing slip that was delivered to you with your order. If the client have any doubts about this address, please contact Conserveira do Sul via the email address firstname.lastname@example.org.
The refund period will be a maximum of 14 calendar days, counting from the date of receipt of the items at the address indicated above.
Return shipping costs are borne by the customer.
Any questions, you can contact us by email email@example.com.
The customer acknowledges and accepts that all copyrights, trademarks and other intellectual property rights on the materials or contents that are provided as part of the Online Store are ours or those who granted us the license to use them. The customer may only use this material in the way that is expressly authorized by us or by those who granted us the license for its use. This does not prevent you from using this Online Store to, to the extent necessary, copy information relating to your order or Contract data.
You must not misuse this Online Store by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful material. You must not gain unauthorized access to this Online Store, to the server on which this page is located or any server, computer or database related to our Online Store page. You’ll commit not to attack this Online Store through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may imply the practice of infractions typified by the applicable legislation. We will inform the competent authorities of any breach of referred legislation and we will cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this Online Store.
We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of using this Online Store or downloading content from the same or the contents to which it redirects.
If our Online Store contains links to other pages and materials from third parties, these links are provided for information purposes only, without us having any control over the content of those pages or materials. Therefore, we will not accept any liability for damages or losses due to its use.
Applicable law requires that some of the information or notices we send, have to be writen. By using this Online Store, the customer accepts that most communications with us are made electronically. We will contact the customer by email or provide information through notices placed in this Online Store. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices be made in writing. This condition will not affect the rights recognized by law.
Customer notifications should preferably be sent through our contact form. In accordance with the provisions of Clause 19 above and unless otherwise stated, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be deemed to have been received and correctly made at the same time the customer enters our Online Store, 24 hours after sending an email or three days after the postage date of any letter. In order to prove that the notification has been made, it will be enough to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or in a mailbox and, in the case of an email, that it has been sent to the email address specified by the recipient
The Agreement is binding on you and us, as well as our respective successors, assigns and heirs.
The Customer may not transfer, assign, encumber or in any other way transfer the Agreement or any of the rights and obligations arising therefrom, without our prior written consent.
Conserveira do Sul may transfer, assign, encumber, subcontract or, in any other way, transfer a Contract or any of the rights and obligations derived therefrom, at any time during the term of the Contract. For the avoidance of doubt, these transfers, assignments or other transfers will not affect the rights recognized by law that, in the case of the customer, he has as a consumer, nor will they affect or limit in any other way the express or implied warranties that may have been conferred.
For the purposes of the present Conditions, reasons of force majeure are unpredictable events, the effects of which occur regardless of the will or personal circumstances of Conserveira do Sul, which, due to their gravity or consequence, make it impossible to comply with an obligation and whose effects it was not reasonably required for Conserveira do Sul to circumvent or avoid.
They may constitute force majeure, if the requirements of the previous number are verified, namely, earthquakes, floods, fires, epidemics, sabotage, strikes, embargoes or international blockades, acts of war or terrorism, riots and injunctive governmental or administrative determinations.
Force majeure determines the exoneration of Conserveira do Sul's liability for non-compliance with one or more obligations arising from the Contract, during the period in which the reasons of force majeure persist. Conserveira do Sul will benefit from an extension of the period to fulfill such obligations for a period of time equal to the duration of the force majeure and must use all reasonable means to put an end to the force majeure reasons or to find a solution that allows comply with its obligations under the Contract.
The epigraphs of the clauses of the Conditions are included for reasons of mere convenience, not constituting support of the interpretation or integration of the same.
In these present Conditions, and unless otherwise indicated, references made to clauses, numbers or Annexes refer to clauses, numbers or Annexes of these Conditions..
The Annexes to the Conditions form an integral part of them for all legal and contractual purposes.
Unless the context dictates otherwise, any reference made in these Conditions to a legal or contractual provision includes the changes to which it has been and/or will be subject.
These Conditions, and all documents incorporated in them, constitute the global agreement between the Parties, replacing all terms and conditions arising from the negotiations or proposals that preceded it, and no deletion, addition or modification of any of the clauses of these Conditions will be valid, unless written and signed by one or more duly authorized representatives of both Parties.
If any of the provisions of these Conditions is deemed null or in any way invalid, ineffective or unenforceable by a competent entity, such nullity, invalidity, ineffectiveness or unenforceability will not affect the validity of the remaining provisions.
The deadlines referred to in these Conditions are counted in consecutive calendar days, unless they are expressly mentioned as counting on working days, in which case Saturdays, Sundays and national holidays are not counted.
The non-exercise or late or partial exercise of any right that assists Conserveira do Sul under this Agreement does not imply the waiver of that right nor does it prevent its subsequent exercise.
Conserveira do Sul has the right to change these Conditions at any time. The customer is subject to the principles and terms in use on the date of his order, unless the law or competent authority imposes any change to the referred principles and terms.
The use of our Online Store and the purchase contracts made through this page are governed by Portuguese law.
Any disputes that arise or are related to the Online Store will be subject to the jurisdiction of the Courts of the District of Faro.
This provision does not affect the other rights granted to the consumer by the legislation in force.
Consumers may, at their express option, submit dispute resolution to a consumer dispute arbitration center.
In compliance with article 18 of Law no. 144/2015, of 8 September, it is hereby informed that the entities for the Alternative Resolution of Consumer Disputes are those on the following list:
- 1. CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Tel.: 213 847 484;
- 2. CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo
Tel.: 289 823 135;
- 3. Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Tel.: 239 821 690/289;
- 4. Centro de Arbitragem de Conflitos de Consumo de Lisboa
Tel.: 218 807 000 / 218807030;
E-mail: firstname.lastname@example.org; email@example.com
- 5. Centro de Informação de Consumo e Arbitragem do Porto
Tel.: 225 508 349 / 225 029 791;
- 6. Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
Tel.: 253 422 410;
- 7. Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de
Tel.: 253 617 604;
- 8. Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira
Morada: Rua Direita, 27 - 1º Andar, 9050-405 Funchal;
- 9. Centro de Arbitragem da Universidade Autónoma de Lisboa (CAUAL)
Morada: Rua de Santa Marta nº. 56 – 1º, 1169-023 Lisboa
With regard to disputes arising from the supply of goods or provision of services through the Online Store, or any other electronic means, the consumer may also use the European Online Dispute Resolution Platform https://webgate.ec.europa.eu/eproposalWeb/.
Data taken from the list of entities for the Alternative Resolution of Consumer Disputes on the website of the Directorate-General for Consumers in March 2019 At www.consumidor.pt you can consult the updated list.