General conditions of online sales
The present document establishes the General Conditions of Sale that apply to all customers (hereinafter "Customer" or "Customers") wishing to purchase products through the website www.aquelakombucha.pt (hereinafter "CGVonline").
We ask you to read these general conditions of sale carefully since, by using this website or placing an order through it, the Client is aware that he/she must comply with these conditions in full.
Therefore, if you do not agree with all the conditions, you should not use this website.
These conditions may be changed without prior notice. The conditions in force at the time of the conclusion of the contract are those that will apply.
This website is operated under the name AQUELA KOMBUCHA by AQUELA KOMBUCHA UNIPESSOAL LDA, with registered office at Rua Duque de Saldanha 345, 4300-465 Bonfim, Porto, Portugal, registered at the Commercial Registry Office of Porto under the single registration and taxpayer number 515.030.384, with a share capital of 5,000 euros.
Use this page only for legal queries or orders - if it can be considered that the order is not for legal purposes, AQUELA KOMBUCHA is authorised to cancel it and inform the competent authorities.
Provide the data necessary for processing the order truthfully and accurately, authorising its processing.
Declare and prove, if necessary, to be of legal age and or to have legal capacity to enter into contracts.
In the online shop of AQUELA KOMBUCHA we offer packs of different flavours: original, ginger, mint and a mix of the three.
All the options can be acquired through a single purchase.
All orders for products will be subject to availability of the same in stock.
In case of difficulty in timely supply, the Customer will be informed of the unavailability within 5 (five) days of knowledge and the reimbursement of amounts already paid for unavailable products will occur within 30 (thirty) days.
Without prejudice to the provisions of Clause 7 above, regarding the availability of products, and unless extraordinary circumstances occur, AQUELA KOMBUCHA makes the treatment of orders from its online shop and the respective shipment from the factory every Tuesday and Wednesday for orders placed until 24:00 of the day immediately preceding that of shipment.
The shipment is made through a carrier, which delivers in Continental Portugal until 48 hours after the expedition, at the address indicated by the Customer, who receives a confirmation of the expedition ("AQUELA KOMBUCHA - Confirmation of Expedition"). Please note, that orders received after 00:00 of each Wednesday will only be processed on the following Tuesday.
Nevertheless, delays or impossibilities may occur due to unforeseen circumstances or events beyond the control of AQUELA KOMBUCHA and contracted transport services (Force Majeure Events).
In both cases, the Customer will be sent information of the circumstances in question and will be given the option to continue with the purchase, setting a new delivery date, or to cancel the order with full refund of the amount already paid.
The order is considered fulfilled upon signature of receipt on the delivery receipt at the indicated address.
If it is impossible to deliver the order to the address indicated by the Customer a note will be left indicating where the order is and what to do to have it delivered again.
If delivery is not possible on the second attempt, the Customer will be charged again shipping costs for each delivery attempt. In this case, you will be asked to contact AQUELA KOMBUCHA so that the delivery can be rescheduled.
The Customer will acquire ownership of the products at the moment of delivery in accordance with the definition contained in Clause 8 and the risks of the products will be borne by the Customer from that moment onwards.
The price of each product will be as stipulated, at all times, on this website.
The prices on this website include VAT but do not include postage/transportation costs, which will be calculated in the order process.
Prices may be changed at any time, but possible changes will only affect new orders.
Payment can be made by VISA, Mastercard, MBway and PayPal.
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
Due to the sensitive nature of the products sold through AQUELA KOMBUCHA's online shop the right of contractual resolution does not apply and no returns of products are accepted.
It is also not possible to cancel a confirmed and formalized order. However, AQUELA KOMBUCHA will try to meet the Customer's request as far as possible, so the situation should be placed through the customer support email, email@example.com.
AQUELA KOMBUCHA collects and processes personal data exclusively for the purposes of use, registration and management of purchases made and for the purpose of communication of products and services offered by AQUELA KOMBUCHA, the legitimacy of the processing of personal data being based, as the case may be, on the contractual relationship, on the consent of the data subjects or on the pursuit of legitimate interests.
The personal data processed within the scope of the online sales of AQUELA KOMBUCHA will be kept for the period necessary to pursue the purposes of the processing, complying with the legal time limits provided, being possible for the Customers to request, at any time, the withdrawal of consent, the opposition or limitation of the processing, the respective payment or exercise any other right of data protection.
AQUELA KOMBUCHA facilitates the exercise of the rights to the Customers who use its page for online sales in relation to the protection of personal data. In addition to always being able to lodge a complaint to the respective control authority, for any information or the exercise of any type of data protection rights, namely the rights of information, access, rectification, opposition, limitation of processing or erasure, the data subjects may contact AQUELA KOMBUCHA by e-mail at firstname.lastname@example.org, describing the subject of the request and indicating an e-mail address, a telephone contact address or a mailing address for reply.
The Customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the Website are at all times the property of AQUELA KOMBUCHA and may only be used in the manner expressly authorised
Applicable law requires that part of the information or notifications that AQUELA KOMBUCHA sends must be in writing. By using this website, the Customer accepts that the notifications with AQUELA KOMBUCHA are made in electronic form. Thus, AQUELA KOMBUCHA will contact the Customer by electronic mail, to the address that he indicates in the purchasing process, or will provide information through notices placed on this Web page. 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 in writing. This condition shall not affect rights recognised by law.
Customer notifications shall be sent preferably through the contact form existing on the Website. In accordance with the provisions of Clause 17 above and unless otherwise stated, AQUELA KOMBUCHA will send notices to the Customer by email, to the address indicated by the Customer in the purchase process.
Notices shall be deemed to have been received and correctly made, at the same moment when the Customer enters the AQUELA KOMBUCHA website or 24 hours after an email is sent.
The failure of AQUELA KOMBUCHA to require strict performance by the Customer of any of its obligations under a Contract or these Conditions or the failure of the Customer to exercise any rights or actions which are due under such Contract or Conditions shall not mean that such rights or actions are waived or of any limitation in relation to such rights or actions, nor shall it relieve the Customer from compliance with its obligations.
If any of these Conditions or any provision of a Contract is declared null and void, the remaining terms and conditions shall continue in force unaffected by such declaration of nullity.
These Conditions and all documents expressly referred to herein constitute the entire agreement existing between AQUELA KOMBUCHA and the Customer in respect of the subject matter of the Contract and supersede any other agreement or promise previously made orally or in writing in respect of the same subject matter.
The use of the website of AQUELA KOMBUCHA and the purchase contracts carried out through such page are governed by Portuguese law.
In case of dispute, the Customer may resort to one of the following entities for Alternative Resolution of Consumer Disputes: Information and Arbitration Centres for Consumer Conflicts of Vale do Ave; Vale do Cávado; Porto; Coimbra; Lisbon; Algarve or National (email email@example.com), whose contacts may be found at www.consumidor.pt or www.arbitragemdeconsumo.org, or by telephone 707 788 787.
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