General conditions of sale online

This document sets out the General Terms and Conditions of Sale that apply to all customers (hereinafter “Customer” or “Customers”) who wish to purchase products through the website www.aquelakombucha.pt (hereinafter “CGVonline”).

We ask you to read these general terms and conditions of sale carefully since, by using this website or placing an order through it, the Customer is aware that he/she must comply with these terms and conditions in full.
Therefore, if you do not agree with all the conditions, you should not use this website.

These conditions may be amended without prior notice. The conditions in force at the time of 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 legal person number 515.030.384, with a share capital of 5,000 euros.

he information or data provided by Customers will be processed in accordance with the provisions of the AQUELA KOMBUCHA Privacy Policy. By using this website, the Customer consents to the processing of said information and data and declares that all the information or data provided by him/her is true and corresponds to reality.

Use this website only for legal enquiries or orders – if the order can be considered not to be for legal purposes, AQUELA KOMBUCHA is authorised to cancel it and inform the competent authorities.

Provide the data necessary to process the order in a true and accurate manner, authorising its processing.

Declare and prove, if necessary, that he/she is of legal age and/or has the legal capacity to enter into contracts.

In the AQUELA KOMBUCHA online shop, packs of different flavours are available.‍

All options can be acquired through a single purchase.

All orders for products will be subject to their availability 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 the amounts already paid in relation to the unavailable products will take place within a maximum period of 30 (thirty) days.

Without prejudice to the provisions of Clause 7 above concerning the availability of products, and unless extraordinary circumstances occur, AQUELA KOMBUCHA processes orders from its online shop and dispatches them from the factory from Monday to Thursday for orders placed by 24:00 on the day immediately preceding dispatch.

The shipment is made by the carrier, which delivers in mainland Portugal up to 48 hours after the shipment, at the address indicated by the Customer, receiving a confirmation of the shipment (“AQUELA KOMBUCHA – Shipping Confirmation”). Please note that orders received after 12:00 on Thursday will only be processed on the following Monday.

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 of continuing with the purchase, setting a new delivery date, or cancelling the order with a full refund of the amount already paid.

The order is considered fulfilled with the signature of receipt on the delivery receipt at the address indicated.

If it is impossible to deliver the parcel to the address indicated by the Customer, a note will be left indicating where it is and what to do to have it delivered again.

If delivery is not possible on the second attempt, the Customer will be charged transport costs again for each delivery attempt. In this case, you will be asked to contact AQUELA KOMBUCHA so that the delivery can be rescheduled.

The Customer shall acquire ownership of the Products at the time of delivery in accordance with the definition contained in Clause 8 and the risks of the Products shall be borne by the Customer from that moment.

The price of each product will be the one stipulated at any given time on this website.

The prices on this website include VAT but do not include shipping/transport costs, which will be calculated in the ordering process.

Prices can be changed at any time, but possible changes will only affect new orders.
Payment can be made via 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 the AQUELA KOMBUCHA online store, the right of withdrawal from the contract 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, apoio@aquelakombucha.pt.

In cases where at the time of delivery the product does not comply with the provisions of the contract or in case of delivery of a defective product, deterioration of the packaging, violation of the same, tearing, or other, the Customer must refuse the order to the carrier by marking on the transport document the refusal to receive the order because it is damaged and contact AQUELA KOMBUCHA immediately through the customer support email, apoio@aquelakombucha.pt, submitting a formal complaint, indicating the details of the order and the defects and will then be informed by AQUELA KOMBUCHA what to do.

If the damaged order is accepted, AQUELA KOMBUCHA will not assume responsibility for it.

This website and AQUELA KOMBUCHA s online sales policy comply with all applicable Community and national legal regulations in the field of data protection, privacy and security of Customers’ personal information, in accordance with the terms of the Privacy Policy which can be found at www.aquelakombucha.pt.

AQUELA KOMBUCHA collects and processes personal data exclusively for the purpose of using, registering and managing purchases made as well as for the purpose of communicating the products and services made available by AQUELA KOMBUCHA, the legitimacy of the processing of personal data being based, as appropriate, on the contractual relationship, the consent of the data subjects or the pursuit of legitimate interests.

The personal data processed in the context of AQUELA KOMBUCHA ‘s online sales will be kept for the period necessary to achieve the purposes of the processing, complying with the legal deadlines provided for, and Customers may request, at any time, the withdrawal of consent, the opposition or limitation of processing, the respective payment or exercise any other data protection right.

AQUELA KOMBUCHA facilitates the exercise of the rights of Customers who use its website for online sales regarding the protection of personal data. In addition to always being able to submit a complaint to the respective supervisory authority, for any information or the exercise of any type of data protection rights, namely the rights of information, access, rectification, opposition, limitation of treatment or deletion, data subjects may contact AQUELA KOMBUCHA by email rgpd@aquelakombucha.pt, describing the subject of the request and indicating an email address, a telephone contact address or a correspondence 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 authorized by it.

Applicable legislation requires that part of the information or notifications that AQUELA KOMBUCHA sends be made in writing. By using this website, the Customer accepts that notifications with AQUELA KOMBUCHA are made electronically. Thus, AQUELA KOMBUCHA will contact the Customer by email, to the address that the Customer indicates in the purchase process, or will provide information through notices posted on this website. For contractual purposes, the Customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notices sent electronically satisfy the legal requirement that such notices be in writing. This condition shall not affect the rights recognized by law.

Customer notifications should preferably be sent via the contact form on the Website. In accordance with the provisions of Clause 17 above and unless otherwise indicated, AQUELA KOMBUCHA will send notifications to the Customer by email, to the address indicated by the Customer in the purchase process.

Notifications shall be deemed to have been received and correctly made as soon as the Customer enters the AQUELA KOMBUCHA website or 24 hours after an email has been 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 due under such Contract or Conditions shall not be deemed to constitute a waiver of or limitation on such rights or actions, nor shall it relieve the Customer of 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 to which express reference is made constitute the entire agreement between AQUELA KOMBUCHA and the Customer relating to the subject matter of the Contract and supersede any other agreement or promise previously made, whether oral or written, relating to the same subject matter.

The use of the AQUELA KOMBUCHA website and the purchase contracts made through such website are governed by Portuguese law.

In the event of a dispute, the Customer may resort to one of the following Alternative Dispute Resolution entities: Consumer Conflict Information and Arbitration Centers of Vale do Ave; Vale do Cávado; Porto; Coimbra; Lisbon; Algarve or National (email cniacc@fd.unl.pt, whose contacts can be made available at www.consumidor.pt or at www.arbitragemdeconsumo.org, or via telephone 707 788 787. 707 788 787.


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