Homepage » General Terms and Conditions of the Online Store – Montado do Freixo do Meio
1. Scope and Purpose of the General Store Conditions
1.1 These General Conditions, together with the order form and the other elements referred to therein, are intended to regulate the terms and conditions governing the provision of the Online Shop Service – Montado do Freixo do Meio (“Service” or “Shop”) by Sociedade Agrícola do Freixo do Meio, Lda, with registered office at Herdade do Freixo do Meio, 7050-704 Foros de Vale de Figueira, under the single registration and legal person identification number 503593320, with share capital of €50,000, hereinafter referred to as the “Shop Conditions”.
1.2 The Service consists of providing, through the address https://freixodomeio.pt/, access to the Online Shop which, in addition to providing information on a range of products and/or services, allows the User to electronically order the products advertised therein, under the terms and conditions described herein.
1.3 Product orders must be placed by Users aged 18 (eighteen) or over (individuals under this age must have the authorization of their representatives). The elements and information transmitted by the User shall enjoy full legal effect, with the User acknowledging electronic purchases, and the User may not claim lack of signature for failure to comply with the obligations assumed.
2. Product Information and Content
2.1 Sociedade Agrícola do Freixo do Meio, Lda. will do everything possible to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to withdraw from the purchase contract under the applicable legal terms (right of withdrawal – see point 9).
2.2 Sociedade Agrícola do Freixo do Meio, Lda. will do everything possible to supply all the products and/or services ordered, but it is possible that, in certain cases and due to causes that are difficult for Sociedade Agrícola do Freixo do Meio, Lda. to control, such as human errors or incidents in computer systems, it will not be possible to make available any of the products or services ordered by the User. If any product or service is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund, if you have already paid for it.
2.3 All information about prices, products, specifications, promotional actions and services may be changed at any time by Sociedade Agrícola do Freixo do Meio, Lda.
3. Responsibilities
3.1 All products and services sold in the Online Shop – Montado do Freixo do Meio are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however Sociedade Agrícola do Freixo do Meio, Lda. shall not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications caused by factors beyond its control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from the downloading (“download”) through the service of files infected or containing viruses or other properties that may affect the User’s equipment. If, for any reason, access to the Loja Online – Montado do Freixo do Meio website is not possible, Sociedade Agrícola do Freixo do Meio, Lda. will not be liable for any damages. 3.3 Data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and Sociedade Agrícola do Freixo do Meio, Lda. declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Sociedade Agrícola do Freixo do Meio, Lda. shall not be liable for any loss or damage caused by misuse of the Service which is not directly attributable to it by way of intent or serious fault.
3.5 Sociedade Agrícola do Freixo do Meio, Lda. shall not be liable for losses or damages arising from failure to comply or defective compliance with the Service when this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to Sociedade Agrícola do Freixo do Meio, Lda. and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Sociedade Agrícola do Freixo do Meio, Lda. which prevent or hinder the fulfillment of the obligations assumed.
3.6 Sociedade Agrícola do Freixo do Meio, Lda. does not guarantee that:i) the Service will be provided uninterruptedly, is secure, error-free or works infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to the same;
iii) any material obtained in any way through the use of the Service is used at the User’s own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any guarantee that is not expressed in these General Conditions.3 .7 The User accepts that Sociedade Agrícola do Freixo do Meio, Lda. cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting from:i) the use or impossibility of use of the Service;ii) the difficulty of obtaining any substitute goods/services;iii) unauthorized access or modification of personal databases.
4. Consumer Obligations
4.1 The user undertakes to:i) Provide correct personal data and addresses;ii) Not use false identities;iii) Respect the order limits imposed.
4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Sociedade Agrícola do Freixo do Meio, Lda. declines any responsibility. In the event that the consumer violates any of these obligations, Sociedade Agrícola do Freixo do Meio, Lda. reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Sociedade Agrícola do Freixo do Meio, Lda. to the same User; and also not allow future access by the User to any or all services made available by Sociedade Agrícola do Freixo do Meio, Lda.
4.3 It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
5. Privacy and Protection of Personal Data
5.1 Sociedade Agrícola do Freixo do Meio, Lda. guarantees the confidentiality of all data provided by Users.
5.2 The personal data identified on the order form as having to be provided is indispensable to the provision of the Service by Sociedade Agrícola do Freixo do Meio, Lda. The omission or inaccuracy of the data provided by the User is the User’s sole and entire responsibility and may result in the refusal to provide the Service by Sociedade Agrícola do Freixo do Meio, Lda.
5.3 The User’s personal data will be processed and stored by computer and is intended to be used by Sociedade Agrícola do Freixo do Meio, Lda. within the scope of the contractual and/or commercial relationship with the User and, if authorized by the User, for the dissemination of our activities through the Newsletter that we send to the User.
5.4 Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to its use for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data, Sociedade Agrícola do Freixo do Meio, Lda.
5.5 The Internet is an open network, so the User’s personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessed and used by unauthorized third parties, and Sociedade Agrícola do Freixo do Meio, Lda. cannot be held responsible for such access and/or use.
6. Cancellation of orders
6.1 At the request of the UserThe User may cancel their order by requesting it from Sociedade Agrícola do Freixo do Meio, Lda. by telephone or e-mail, quoting the order number, which will be accepted provided that it has not yet been processed. Once the order has been processed, Sociedade Agrícola do Freixo do Meio, Lda. will try to deliver it, but the User has the option of not accepting it. For the purposes of cancellation, the User must provide Sociedade Agrícola do Freixo do Meio, Lda. with the following information:a) Order numberb) VAT number with which the order was placed and delivery address
6.2 By decision of Sociedade Agrícola do Freixo do Meio, Lda. Sociedade Agrícola do Freixo do Meio, Lda. reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Sociedade Agrícola do Freixo do Meio, Lda. reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these are due to technical problems or errors beyond the control of Sociedade Agrícola do Freixo do Meio, Lda.
7.CANCELLATION AND RETURN (Right of withdrawal)
7.1 The process of canceling or returning services purchased in the store is dealt with on a case-by-case basis by Sociedade Agrícola do Freixo do Meio, Lda. The request must be sent in writing to the contact e-mail address geral@herdadedofreixodomeio.pt, no later than 2 days before the service is to be provided, and the instructions for cancellation or return of the amount paid will be answered and defined by Sociedade Agrícola do Freixo do Meio, Lda. by the same means of communication.7.2 After the case has been assessed by the service provider and if the decision involves the return of funds associated with the order, these funds will be processed by bank transfer.
8. Intellectual Property
8.1 The Shop is a registered site and the Service provided by the site itself is the responsibility of Sociedade Agrícola do Freixo do Meio, Lda.
8.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
8.3 The User acknowledges that any content that appears in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners.
8.4 The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from any acts that may violate the law or these rights, such as the reproduction, commercialization, transmission or making available to the public of this content or any other unauthorized acts that have the same content as their object.
9. Service Security Conditions
9.1 The User undertakes to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of unlawful acts or acts offensive to good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for using the Service, under penalty of Sociedade Agrícola do Freixo do Meio, Lda. suspending or deactivating the Service under the terms set out in point 14.
9.2 The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by several users and, as such, is subject to computer overloads, so Sociedade Agrícola do Freixo do Meio, Lda. does not guarantee that the Service will be provided without interruptions, loss of information or delays.
9.3 Sociedade Agrícola do Freixo do Meio, Lda. also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unforeseeable nature, external to Sociedade Agrícola do Freixo do Meio, Lda. and which cannot be controlled by it).
9.4 In the event of an interruption in the provision of the Service for reasons of unforeseeable overload of the systems on which it is based, Sociedade Agrícola do Freixo do Meio, Lda. undertakes to regularize its operation as soon as possible.
10. Suspension and deactivation of the Shop Service
10.1 Regardless of any prior or subsequent communication, Sociedade Agrícola do Freixo do Meio, Lda. may, at any time, and in its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
10.2 Sociedade Agrícola do Freixo do Meio, Lda. also reserves the right to immediately suspend or terminate access to the Service, in the following cases:a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;b) When Sociedade Agrícola do Freixo do Meio, Lda. terminates access to the Store, with prior notice of 15 days before the date of termination.
10.3 The suspension or termination of the Service by Sociedade Agrícola do Freixo do Meio, Lda. under the terms of the preceding paragraphs does not entitle the User or third parties to any indemnity or other compensation, and Sociedade Agrícola do Freixo do Meio, Lda. cannot be held liable or in any way burdened by any consequence resulting from the suspension, annulment or cancellation of the Service.
10.4 In the situations described above, Sociedade Agrícola do Freixo do Meio, Lda. will notify the User in advance so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) working days of the e-mail being sent or the information being made available on the Service’s main page.
11. Communications
11.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact.
11.2 The User agrees to receive any communication and/or notification related to the Online Shop, to the address, contact telephone number and/or e-mail address (“e-mail”) indicated in the order process.
11.3 At any time, the User may request not to receive these communications and/or notifications via the Contact Form or via the “Do not receive the Newsletter” option included in each Newsletter.
12. Technical Configurations
12.1 Without prejudice to the provisions of the following paragraph, Sociedade Agrícola do Freixo do Meio, Lda. may alter the Service and/or the technical conditions under which it is provided, as well as the respective rules of use, and must inform the User of such alterations at least 15 (fifteen) days in advance. 12.2 The current version of these General Conditions and their annexes is available on the website https://freixodomeio.pt/.
13. Network configurations
13.1 Whenever Sociedade Agrícola do Freixo do Meio, Lda. deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
13.2 Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, Sociedade Agrícola do Freixo do Meio, Lda. may change the technical settings of the Service whenever this proves convenient in order to adapt it to any technological developments.
13.3 Sociedade Agrícola do Freixo do Meio, Lda. does not, however, guarantee the User any upgrades or improvements to the Service.
13.4 Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of Use.
14. Complaints
14.1 The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Sociedade Agrícola do Freixo do Meio, Lda. about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
14.2 The complaint must be submitted within a maximum of 30 (thirty) days from the time the User becomes aware of the facts, and will be registered in the information systems of Sociedade Agrícola do Freixo do Meio, Lda. which must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of receipt.
15. Applicable Law
The Contract is governed by Portuguese law.