PREAMBLE
These general terms and conditions of sale and use are agreed between Gama de Matos, LDA headquartered at Rua do Apeadeiro, Quinta Nova, 7430-356 Vale do Peso, hereinafter referred to as DESPENSA FRANCISCANA and persons wishing to make purchases through the Website www. despensafranciscana.com, hereinafter referred to as USER
1. COMPANY DATA
a) Name or company name: Franciscan Pantry
b) Address of the head office or physical establishment: Rua do Apeadeiro, Quinta Nova, 7430-356 Vale do Peso
c) E-mail address: geral@despensafranciscana.com
d) Commercial Registry of the Lisbon Conservatory
e) Tax identification number: 514 744 243
2. OBJECT
a) The purpose of these General Terms and Conditions of Sale and Use is to define all the information required by the user regarding the modalities of purchase, payment and delivery of Despensa Franciscana products.
b) These conditions regulate all the steps necessary to purchase products from the Despensa Franciscana.
c) The use of the services of Despensa Franciscana implies acceptance and agreement with the general terms and conditions of sale and use, by the user.
3. RECORD
a) Registration as a customer at Despensa Franciscana implies acceptance of the General Conditions of Sale and Use by the User. The User is given the opportunity to consult, read and decide whether or not to accept the General Conditions of Sale and Use.
b) Customer registration at Despensa Franciscana is free.
c) The registration in Despensa Franciscana and any purchase related to the registration is individual and non-transferable and can only be enjoyed by the User. The Username (Login) and Access Code (Password) correspond to a member and can only be used by the User, and cannot be transferred or used by third parties.
d) Messages sent to the e-mail address contained in the User's registration are intended solely and exclusively for the User, unless otherwise indicated.
e) The User acknowledges that all his/her accesses and movements within the Despensa Franciscana website are registered and that they can be used for legal purposes.
f) When registering at Despensa Franciscana, the User must fill in their data on the purchase form with true information and declare that they are in a legal position to fill in the aforementioned data.
g) The User has the right to consult and change the data relating to his/her registration by simply contacting Despensa Franciscana, in writing, which will make every reasonable effort to enable the User to change his/her data through the website by means of entering the Username and Access Code.
h) The processing of these data is the responsibility of Despensa Franciscana, which guarantees its confidentiality and security and undertakes not to transfer them to third parties.
i) Registration allows for an easier purchase process, with the possibility for the User to choose the option of recording their data, allowing immediate recognition of the same, without the need for new typing.
4. ORDER
a) The User completes his order for one or more products by completing the purchase process designated on our website as "complete purchase", after having added the product(s) that he/she wishes to order to the shopping cart, by means of the selection of the “add” and “confirm” options.
b) For some products, properly identified, the acquisition may be subject to a minimum number of purchase units.
b) To place your order, the User must:
- Register on the website pantryfranciscana.com.
- Log in to the website pantryfranciscana.com.
- Complete the information and choose the options that are made available to you throughout the purchase process (TIN and the name that, for tax purposes, you want to appear on the invoice; address; payment method).
- The User will receive an email confirming their order.
c) The final confirmation of the order by the User is equivalent to full and complete acceptance of the prices and description of the products available for sale, as well as these General Terms and Conditions of Sale and Use.
d) The data contained in the invoice are the sole responsibility of the User.
5. PAYMENT
a) 1. On the website www.despensafranciscana.com, Despensa Franciscana offers the User the following payment methods:
- Credit card (Visa and Mastercard);
- ATM reference, available after making the purchase;
- Paypal, only available for purchases over €5;
- MbWay;
b) In the case of payment by credit card, the debit will be made to the User's card immediately after the order has been registered.
c) Despensa Franciscana will use all its efforts to ensure maximum confidentiality and security of data transmitted over the internet.
d) Despensa Franciscana reserves the product for a period of 24 hours, during which payment must be verified.
e) If the 24-hour period is exceeded, the order will automatically be canceled.
6. ORDER CANCELLATION POLICY
a) The User may cancel his order, within 24 hours from the confirmation of the order by Despensa Franciscana, to the email geral@despensafranciscana.com.
b) The cancellation request will only take effect when the order number and the User's name are indicated.
c) Despensa Franciscana reserves the right to unsubscribe a user from our website whenever it considers that this user may be using this clause in an abusive manner.
7. SHIPPING AND DELIVERY OF PRODUCTS
a) In mainland Portugal, orders will be dispatched on the day the payment is made and, as a rule, will be delivered within a maximum period of 48 hours.
b) For the Autonomous Regions, and it may differ depending on the island, the delivery time may vary.
c) The Franciscan Pantry only delivers to European countries, and delivery times may vary from country to country.
d) In the event of a stockout or delay by the carrier, the delivery period may not be met, and Despensa Franciscana is not responsible in these situations.
d) Orders can be sent by express CTT or by DPD.
8. PRICES
a) Prices must be understood in Euros, with fees and taxes included, taking into account the VAT in force on the date of payment of the order.
b) The prices of the products, the value of VAT and the cost of shipping costs are duly itemized before the final stage of order validation.
c) Any additional costs resulting from the sending of orders abroad, namely customs clearance, will be the sole responsibility of the purchasing User.
d) Prices listed on the website www.despensafranciscana.com are exclusive for purchases made online, and may vary at other points of sale.
e) The prices shown in the check-out process always correspond to the most current prices in force, however, they should only be considered valid while they are visible on the website on a refreshed page (cache or unrefreshed pages may show prices that no longer are in force). The displayed price is only guaranteed under these conditions and only after the order is duly registered and paid in accordance with the payment conditions contained in these General Terms and Conditions of Sale and Use.
9. NEWSLETTER
a) The designation of "Franciscan Pantry Newsletter” to the various emailings with promotions, offers and information, sent directly to the User's email box provided to Despensa Franciscana when the User registers.
b) The subscription to the Newsletter is not automatic, with the user having the right to subscribe or not.
c) To modify their personal data or suspend the request to send the Newsletter, the User must go to their profile area and deactivate this option
10. DISCOUNTS
a) Despensa Franciscana occasionally makes promotional proposals for the price of its products, in the form of promotional codes with percentage discounts on the catalog price.
b) To guarantee these discounts, it is necessary to insert in the shopping basket the electronic promotional code that was received, before “confirming the purchase”. In this case, the shopping cart will automatically calculate the Sales Price of the product already considering the discount.
11. RETURN
a) The User has the right to return the product for 14 days, being responsible for the costs inherent to the return.
b) Customised, sealed and non-returnable products, those that easily deteriorate or those that quickly reach their expiry date are excluded from the right of return.
c) The User has the right to claim any defect or inadequacy of the product in relation to what was ordered, within the legal deadlines for this purpose and always through a durable support, or to the email geral@despensafranciscana.com.
d) If the User wishes to return the ordered items, the Despensa Franciscana will refund the money for the purchase, but will not refund the postage already paid.
e) The Despensa Franciscana will bear the costs of postage for return mail, when the item is proven to be damaged, or if an error has occurred in its dispatch.
f) The most omitted is governed by the provisions of Decree-Law 24/2014, of 14 February.
12. COMPLAINTS
a) The User may submit their suggestions or complaints to Despensa Franciscana via e-mail geral@despensafranciscana.com.
13. RESPONSIBILITY
a) Despensa Franciscana is not responsible for any inconvenience or damage caused to the User by the use of the Internet network, such as: service disruption, outside intrusion, anomalies caused by computer viruses or any other case of force majeure.
14. PERSONAL DATA PROCESSING
a) The User authorizes Despensa Franciscana to automatically process the personal data provided in the use of the website www.despensafranciscana.com, in particular, through the use of cookies.
Discover our Privacy Policy here.
15. INTELLECTUAL PROPERTY
a) All content on our website is the intellectual property of Despensa Franciscana and cannot be copied or reproduced.
b) All texts, images, illustrations, photographs, brands and other elements of the website www.despensafranciscana.com are protected by law.
16. CONSERVATION, ARCHIVE AND PROOF OF TRANSACTIONS
a) The filing of orders and invoices will be carried out on a reliable and durable medium.
b) The Parties agree that the computerized records kept in the information systems of the Despensa Franciscana are proof of the communications, orders and payments made between the parties.
17. SUSPENSION OR AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
a) These General Terms and Conditions of Sale and Use, when accepted by the User, take the form of a contract between the User and Despensa Franciscana, which reserves the right to withdraw from the contract at any time, if the User violates, threatens to violate or demonstrates that it does not intend to comply with the General Conditions of Sale and Use.
b) Despensa Franciscana may also renounce the contract with the User if, in Despensa Franciscana's opinion, the availability of the website is no longer financially viable, without the right to any compensatory measure or indemnity.
c) The General Terms and Conditions of Sale and Use cannot be changed at any time, and the User must be communicated by the means that Despensa Franciscana considers most convenient. Only after acceptance of the new Conditions by the User can they become effective. If the User communicates his/her non-acceptance of the alterations to the General Conditions of Use, he/she must, immediately, cease using the Despensa Franciscana service. If the User does not expressly communicate his acceptance of the new Conditions but continues to use the site, the acceptance of them is assumed tacitly.
18. APPLICABLE LAW AND COMPETENT JURISDICTION
a) The law applicable to any contractual relationship established through the Despensa Franciscana website is Portuguese law.
b) In case of dispute arising from the interpretation, application and/or termination of any Contract entered into under these General Terms and Conditions of Sale and Use, as well as for any actions intended to demand compliance, its amendment, its total or partial annulment and, or, its termination, or for any other actions based on it, the Parties elect, by mutual agreement and because this agreement is in their interest, as competent court the Judicial Court of the District of Portalegre, with express waiver of any others that by law were, by reason of the territory, competent