Terms and Conditions

The website www.quinta-da-fornalha.com is domiciled in Portugal and belongs to FORNALHA PRODUÇÕES SUSTENTÁVEIS, UNIPESSOAL, LDA (hereinafter referred to as Quinta da Fornalha).

Contact:

FORNALHA PSU Lda.

N.I.P.C. 509683339
Address: Quinta da Fornalha, 8950-186 Castro Marim
Telephone: (+351) 281 541 733
Mobile: (+351) 917 107 147
E-mail: geral@quinta-da-fornalha.com

Alternative Dispute Resolution:

Alternative dispute resolution is the possibility that all consumers have at their disposal to turn to official organisations to help them resolve or steer a conflict before opening litigation in the courts. You may know the concept of alternative dispute resolution by another name: ‘mediation’, ‘conciliation’, ‘arbitration’ or ‘competent commission for consumer disputes’.
Alternative dispute resolution is generally less expensive, less formalised and quicker than court proceedings.

In this context, we provide you with all the information you need to exercise your right to complain to an official, third-party, impartial body (“dispute resolution body”) that will help you resolve the dispute in question. If you are dissatisfied with the purchase of a product, or with the solution we have provided to resolve the situation, you can lodge your complaint on the European Union website for this purpose at:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show 

In the event of a consumer dispute, the consumer can also appeal:

CNIACC – National Centre for Consumer Conflict Information and Arbitration
http://www.arbitragemdeconsumo.org/

Complaints book:

www.livroreclamacoes.pt

TERMS AND CONDITIONS

  1. INTRODUCTION

These Terms and Conditions regulate the use of the website www.quinta-da-fornalha.com and any commercial transaction carried out via the online shop between the End Consumer (hereinafter referred to as the “User“) and Fornalha PSU, Lda, hereinafter referred to as “Quinta da Fornalha“.

This website is subject to Portuguese law. The content available is provided for information purposes and may contain typographical errors or omissions. This content may be changed or updated at any time without prior notice.

We assume no responsibility for the use that may be made of the information published on the website.

The existence of a hyperlink from the site to another site does not constitute validation of that site or its content. It is up to the Internet user to use this information with discernment and critical thinking.

These conditions apply exclusively to natural persons who are not traders, i.e. any natural person acting for purposes that do not fall within the scope of their professional activity.

Browsing the www.quinta-da-fornalha.com website and purchasing any product advertised on it implies acceptance of these Terms and Conditions.

By using the website www.quinta-da-fornalha.com and placing an order on it, the User:

– You declare that you have read and agreed to these Terms and Conditions, without the need for any further act or consent;

– Declares that it is legally able to contract and use its own means of payment;

– Declares that he/she accepts that Portuguese legislation will regulate any conflict with the consumer, without prejudice to any legal provision to the contrary, EU directive or international treaty.

  1. PRIVACY

All personal information provided to the www.quinta-da-fornalha.com website will be processed in accordance with our Privacy Policy, which you can consult on the same website.

All personal information provided to the www.quinta-da-fornalha.com website will be treated responsibly and will not be used for any purpose other than to provide the best service to the User.

With the exception of the provisions of the Privacy Policy, namely for processing the User‘s order, Quinta da Fornalha guarantees not to share any personal information with third parties without the User‘s prior consent.

  1. INTELLECTUAL PROPERTY

The material included on the website www.quinta-da-fornalha.com is protected by intellectual property rights. Its reproduction, modification, transmission, republication and/or redistribution to third parties for commercial purposes is strictly prohibited without the prior consent of Quinta da Fornalha.

  1. SECURITY

The www.quinta-da-fornalha.com website is protected in accordance with international internet standards, so that, if used correctly, the User is guaranteed safe browsing.

Quinta da Fornalha declines all responsibility for any problems, delays in the delivery of electronic communications, damages, transmission of viruses or risks that the User may incur during improper use of the website, as well as any faulty use of the same and/or intersections or manipulations of electronic communications by third parties and/or transmissions of viruses.

  1. DESCRIPTION OF ITEMS AND PRICE INFORMATION

The nutritional information on the products available on the www.quinta-da-fornalha.com website is that which appears on the product’s technical data sheets. Users are asked to carefully analyse the information on the product they wish to buy, in particular its composition, to ensure that they are not allergic to its components. We accept no liability in the event of an allergic reaction or any other unwanted reaction caused by the products we sell.

Due to the type of computer used, colour settings, internet browser or other factors, the colours shown in the photographs on the website www.quinta-da-fornalha.com may differ from the actual colours. Quinta da Fornalha cannot be held responsible for such differences.

All prices on the website www.quinta-da-fornalha.com are shown in EUR/€.

On the Quinta da Fornalha website there are various promotional price offers, in the form of percentage discounts on the retail price, which can be consulted on various products.

All promotions have a specific validity period, which can be found on the website.

Promotional discounts represent a commitment during the advertised period, but always on condition that the order is completed by the User, through checkout and payment, by the end of that period.

Saving a product in the “shopping basket” does not guarantee its price or discount.

The price shown for each product on the website www.quinta-da-fornalha.com does not include transport costs, but does include the Value Added Tax (VAT) rate in force in Portugal at the time of purchase, applied to all intra-Community purchases.

At the end of the order, the total price specified includes VAT and shipping costs, calculated for each order according to the place of delivery and the weight of the order.

The shipping costs associated with your order will be invoiced per order, i.e. if you order more than one item, you will only pay the shipping costs once. However, Quinta da Fornalha reserves the right to split the delivery of the order, for example, if the number of items ordered is such that they cannot be sent in one package, or if part of the order is delayed or unavailable. In the event that Quinta da Fornalha considers splitting the order, the User will be notified when confirming the order and/or via the e-mail address provided by the User when placing the order.

Quinta da Fornalha reserves the right to change the prices of products on sale without prior notice. If the price of the product is lower than the advertised price, the difference will be refunded to the User. If the price is higher, the User will be informed by email and the order will be subject to further acceptance.

  1. STOCK UNAVAILABILITY

Quinta da Fornalha reserves the right to inform the User, within 72 (seventy-two) hours of receiving the order, of the unavailability of any item ordered. Once the User has been informed of this unavailability, the contract is automatically considered terminated with regard to the unavailable item, and the User is guaranteed not to incur any costs on account of the cancellation of the order with regard to the unavailable item, with the amount shown on the User‘s account statement being cancelled in due proportion. The contract will remain in force and will produce its normal effects with regard to any other items ordered, unless the User indicates otherwise.

  1. FREE CANCELLATION OF THE CONTRACT

If, for any reason, the User is not satisfied with the order, he/she may withdraw from the contract within 14 days of receiving the order, and the User will be reimbursed for all sums paid in the meantime (cost of the products and cost of delivery of the order).

The costs of returning the order, in the event of free cancellation of the contract within the indicated period, are borne by the User.

When returning products, the User must comply with the conditions and procedures set out in point 11.2 of these Terms and Conditions.

  1. GUARANTEE

In the event of a manufacturing defect, the User has the rights provided for in Decree-Law no. 67/2003, of 8 April.

  1. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

Quinta da Fornalha retains ownership of the products until it has received payment in full for all such products.

The risks of the products will be borne by the User from the moment the order is received at the address indicated by the User.

  1. GENERAL CONDITIONS OF SALE

10.1. ORDERS

To place an order at www.quinta-da-fornalha.com, the User must have a valid and frequently used email account. 

To place an order, you must fill in the details requested and choose the options that are made available to you throughout the process (delivery method, address, e-mail address, payment method, as well as the VAT number and name that you want to appear on the invoice for tax purposes).

Due to restrictions imposed by carriers and the risk of credit card fraud, orders placed at www.quinta-da-fornalha.com are not delivered to PO boxes.

When you place an order, you receive full and detailed information on the prices and description of the products available for sale, as well as the general terms and conditions of sale, which will be the only terms and conditions governing the contract thus concluded.

When placing an order, the User agrees to receive the invoice electronically, under the terms of article 12, no. 1 of Decree-Law no. 28/2019, of 15 February.

Quinta da Fornalha will honour orders received online only up to the limit of available stocks and, in the event of the product not being available, undertakes to inform the User as soon as possible.

The data contained in the invoice is the sole responsibility of the User.

The validity of orders depends on the payment method. 

Before confirming your order, you can view the estimated costs of shipping the items;

Once you have paid for your order in full, all you have to do is wait until the products are dispatched by post.

As soon as you finalise your purchase, you will receive an automatic e-mail confirming the transaction. We suggest you save it for future reference.

In order for Quinta da Fornalha to provide the best service, the User undertakes to correctly provide his/her e-mail, address and/or other contact information and to be aware that we may use this information to contact him/her if necessary.

10.1.1. CANCELLING OR CHANGING ORDERS

If the User places an order and wishes to cancel it, he/she should contact Quinta da Fornalha, by e-mail shop@quinta-da-fornalha.com or telephone (+351) 928157217, and ask for the order to be cancelled so that it will not be dispatched. If the order has not yet been dispatched, it will be cancelled and Quinta da Fornalha will endeavour to reimburse the User within 10 (ten) days.

If the cancellation request is successful, the User will be notified by e-mail of this decision and the cancellation will be processed at no cost to the User.

If the cancellation request is not possible because the order has already been dispatched, the products will be sent to the User who, if he/she maintains his/her intention to cancel the order, must refuse to accept them and the refund will be processed under the terms of point 11.2 of these Terms and Conditions. However, in this case, the User must bear the cost of returning the products.

If the order has already been dispatched and the items ordered are items whose characteristics compromise their quality, returns will not be accepted.

10.2 MEANS OF PAYMENT

Quinta da Fornalha urges the User not to make payment by any other means not specified on the website www.quinta-da-fornalha.com. If he/she attempts to do so, Quinta da Fornalha cannot be held responsible for the loss of payment, or any other damage that may result.

On the website www.quinta-da-fornalha.com you can pay using the following methods:

Paypal

ATM

MBWAY

PAYSHOP

VISA/Mastercard


You should follow the payment instructions provided by the service provider. 

Quinta da Fornalha will only dispatch the order once it has been paid for. Orders that are not paid for within this period are automatically cancelled at no cost to the User.

10.3 Dispatches, deliveries and collections

Products ordered from the online shop www.quinta-da-fornalha.com will be dispatched and delivered on working days, Monday to Friday via CTT EXPRESSO.

The costs of shipping the items ordered will be added to the value of the order in the process of finalising it, and the User will be expressly informed of this amount before confirming their order.

Delivery times may be slightly longer during festive periods and public holidays. Apart from these exceptions, the normal expected delivery times will be:

DESTINATION

ESTIMATED DELIVERY TIMES

Portugal

1 to 5 working days

Portugal Islands

1 to 6 working days

Spain

1 to 8 working days

European Union*

1 to 8 working days


*Germany, Austria, Belgium, Slovakia, Slovenia, Greece, the Netherlands, Hungary, Ireland, Iceland, Lithuania, Luxembourg, the United Kingdom, the Czech Republic, Estonia, Finland, Latvia, Malta, Norway, Poland, Sweden, France (not including French Guiana, Martinique, Réunion, St Pierre and the overseas territories of Wallis and Futuna, French Polynesia, the French Southern and Antarctic Territories and New Caledonia) French Polynesia, French Southern and Antarctic Lands and New Caledonia), Italy (except the Vatican), Denmark (except the Faroe Islands and Greenland) and Switzerland (except Liechtenstein). 
The delivery times indicated above are purely indicative and do not take into account possible delays caused by problems with payment authorisations or customs clearance in the country of destination.

Any delay in the dispatch of items, compared to the estimated dates given, does not entitle the User to compensation.

Parcels sent by CTT Expresso require a signature upon delivery.

Quinta da Fornalha cannot change the delivery address of orders once they have been dispatched.

If the User does not claim their parcel from the transport company within the time allowed and the parcel is returned to Quinta da Fornalha, the transport costs of sending the parcel again will be borne by the User.

If the User wishes to receive the order before a certain deadline or on a certain date, they must inform Quinta da Fornalha before the contract is signed. In these situations, Quinta da Fornalha will agree with the User on the best way to dispatch the order.

For all orders, the dispatch confirmation will include an indication of the carrier as well as the shipment tracking number.

Users can track their parcel on the CTT website using the tracking number provided when confirming dispatch.

Since CTT Expresso requires a signature at the time of parcel delivery, the User or his/her representative must be present at the destination address at the time of delivery.

Quinta da Fornalha considers orders to be “delivered” when the User, or his/her representative, signs for receipt of the order at the delivery address indicated by him/her.

Orders will be delivered to the address defined as the User‘s address. If the User wishes the order to be sent to an alternative address, this must be indicated when the order is finalised.

If the User wishes to send items to more than one address, they must place an order for each of these addresses. In this case, the User will be charged a shipping cost for each order placed.

With the tracking number provided for each parcel, the User can track it at any time.

 

10.3.1. SUCCESSFUL DELIVERY OF DISPATCHES

We can only guarantee that every parcel that leaves our premises is in the best condition and undamaged. We are not responsible for the poor condition of the parcel at the time of delivery. We would also like to point out that an order is delivered properly if the address where the products are to be sent is correctly indicated by the User, or if the responsible carrier takes the utmost care in transporting the order.

We urge the User to carefully inspect the box upon delivery of all shipments before signing the delivery document.

If, for any reason, the packaging appears to be tampered with and/or damaged, please sign the delivery document with reservations, or refuse delivery.

If you accept delivery of the parcel with reservations, or if you refuse it, please make an immediate complaint to the carrier and contact Quinta da Fornalha by e-mail shop@quinta-da-fornalha.com or by telephone (+351) 928157217.

 

10.3.2. UNDELIVERED ORDERS ATTRIBUTABLE TO THE USER

If the parcel is not successfully delivered to the User‘s address for any reason attributable to the User (absence of a person at the address, incorrect telephone contact, incorrect or incomplete address, non-compliance with import regulations, etc.), in accordance with the commercial agreement with Quinta da Fornalha, the parcel may be returned at the User’s expense. These costs will be deducted from any refund.

 

10.3.3. UNDELIVERED ORDERS ATTRIBUTABLE TO QUINTA DA FORNALHA

If for any reason attributable to Quinta da Fornalha it is not possible to deliver the items ordered within 30 (thirty) days of confirming the order, the User will be offered a new delivery date. If this new date is not convenient for any reason, the User may terminate the contract, without being charged any costs or expenses. The User will be reimbursed for all sums paid in the meantime, within a maximum of 30 (thirty) days of cancellation of the contract.

10.3.4. FORCE MAJEURE

In the event of force majeure, Quinta da Fornalha‘s obligations may be delayed. The contract between Quinta da Fornalha and the User may, in such cases, be partially or completely cancelled by either party.

Force majeure is considered when situations arise such as war, civil war, revolution, riot, government measures, strikes, lockouts, pandemics or natural disasters.

In any of these cases, Quinta da Fornalha will endeavour to resolve the problem with the User as soon as possible.

The User will always have the option of cancelling the contract if the order is not delivered within 30 (thirty) days of confirmation, and will be refunded all sums paid in the meantime.

  1. FREE CANCELLATION OF CONTRACT AND REFUNDS

11.1. FREE RESOLUTION

If, for any reason, the User is not satisfied with the order, he/she may withdraw from the contract within 14 (fourteen) days from the day following receipt of the order, and the User will be refunded all sums paid in the meantime, with the exception of transport costs.

The exercise of the right of withdrawal is without prejudice to the User‘s right to inspect the nature, characteristics and functioning of the product with due care. The User may be held liable for the depreciation of the product if the handling carried out to inspect the nature, characteristics and functioning of the product exceeds the handling that is normally permitted in a commercial establishment.

Quinta da Fornalha does not recognise the right to freely withdraw from the contract when sealed goods that cannot be returned for health protection or hygiene reasons are opened after delivery. This type of item can only be returned if it is defective or does not conform to the characteristics ordered, in accordance with the legislation in force.

In order to exercise the right to terminate the contract, the User may, by any means, communicate this intention to Quinta da Fornalha, namely:

  1. a) By telephoning the number (+351) 928157217, expressing this intention and indicating the order number.
  2. b) By email to shop@quinta-da-fornalha.com, stating your intention to terminate the contract, indicating the order number given to you with the order confirmation. If you do not wish to terminate the contract for all the items in the order, you must also itemise the references of the items covered by the termination of the contract. The User can complete and send the form attached to these Terms and Conditions.


11.2 INSTRUCTIONS FOR RETURNING PRODUCTS

After receiving the request free cancellation of the contract, Quinta da Fornalha will confirm the cancellation to the User and send an e-mail with instructions for returning the item(s).

Items to be exchanged or returned must be in good condition, complete and properly packed in their original packaging, if any. The User is only responsible for the depreciation of goods resulting from handling that exceeds what is necessary to verify the nature, characteristics and functioning of the goods.

The User must return the item within a maximum of 14 (fourteen) days from receipt of this e-mail, failing which Quinta da Fornalha will not accept the cancellation of the contract.

If the goods are not received by Quinta da Fornalha within this 14 (fourteen) day period, the User will be contacted by e-mail in order to provide documentary evidence that they have returned the goods within the period indicated. If the User does not provide documentary proof that they have returned the goods, Quinta da Fornalha reserves the right not to accept the cancellation of the contract.

When making the return, the User must clearly identify the order and all transport forms as “product return”, and must also write this expression on the outside of the box in a clearly visible place.

All items will be checked on arrival at our service and will only be accepted for exchange or return if they comply with the return conditions.


11.3. REIMBURSEMENTS

Refunds will be processed within a maximum of 14 (fourteen) days from the date on which Quinta da Fornalha was informed of the decision to terminate the contract.

The User must inform Quinta da Fornalha by email of the IBAN of his/her bank account so that it can transfer the amount to be refunded.


11.4. DAMAGE CAUSED DURING TRANSPORT/DEFECTIVE ITEMS

The return of defective items will only be accepted if the items are already defective at the time of delivery to the User

Quinta da Fornalha reserves the right to request photographic support for defective items or wrongly sent goods before authorising the return, for the purpose of reimbursing transport costs.

All items returned as defective will be duly inspected upon receipt and all items subject to wear and tear considered normal will not be considered defective.

The User may choose to have a replacement item sent or to have the sums paid refunded.

Refunds for defective items will take place within 30 (thirty) days of receipt of the returned items.

If Quinta da Fornalha is unable to replace the defective item, it will refund the amount paid using the payment method originally used.

Under the terms of the applicable legislation, the User may denounce the lack of conformity of the article within a period of 2 (two) months.

  1. EXCHANGES

If, for any reason, the User is not satisfied with the order, they can exchange the goods within 14 (fourteen) days of receiving the order.

In order to exchange goods, the User may, by any means, communicate this intention to Quinta da Fornalha, namely:

  1. A) By telephoning the number (+351) 928157217, expressing this intention and indicating the order number.
  2. B) By email to shop@quinta-da-fornalha.com, informing us of your intention to exchange the goods, indicating the order number provided with the order confirmation.

Once the items to be exchanged have been received and checked, the new item will be dispatched immediately.

As with exercising the right of withdrawal, all customs duties, taxes or additional costs that the User may incur will not be reimbursed by Quinta da Fornalha in the event of an exchange of items.

Transport costs for exchanging the product are the sole responsibility of the User.

Quinta da Fornalha does not guarantee the availability of stock for the purpose of exchanging products.

Products sold faulty, and duly identified to that effect, cannot be exchanged.

  1. FINAL PROVISIONS

13.1. PARTIAL CANCELLATION

If any of these terms and conditions or any provision of a contract is declared null and void by firm resolution of a competent authority, the remaining terms and conditions shall continue in force, without being affected by such declaration of nullity.

  1. SINGLE AGREEMENT

These Terms and Conditions and all documents to which express reference is made constitute the entire agreement between us and the User in relation to the subject matter of the contract and supersede any other pact, agreement or promise previously established between Quinta da Fornalha and the User, verbally or in writing.

  1. CHANGES TO TERMS AND CONDITIONS

Quinta da Fornalha reserves the right to modify the terms and conditions contained in this legal information. 

 

FORM FOR EXERCISING THE RIGHT TO FREE RESOLUTION:

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