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General online sale conditions
This document establishes the General Online Sale Conditions that apply to all customers (hereinafter “Customer” or “Customers”) who wish to purchase products through the website www.aquelakombucha.pt (hereinafter “CGVonline”).
We ask that you read these general 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 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 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 Porto Commercial Registry Office under the unique registration and legal entity number 515.030.384, with a share capital of 5000 euros.
The 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 page only for legal inquiries or orders – if it can be considered that the order is not for legal purposes, AQUELA KOMBUCHA is authorized to cancel it and inform the competent authorities.
Provide the data necessary to process the order in a true and accurate manner, authorizing its processing.
Declare and prove, if necessary, that you are of legal age and/or have the legal capacity to enter into contracts.
In the AQUELA KOMBUCHA online store, we offer packs of different flavors.
All options can be purchased in a single purchase.
All product orders will be subject to availability in stock.
In the event of difficulty in supplying products on time, the Customer will be notified of the unavailability within 5 (five) days of becoming aware of the unavailability and the refund of amounts already paid for the unavailable products will occur within a maximum period of 30 (thirty) days.
Without prejudice to the provisions of Clause 7 above, regarding product availability, and unless extraordinary circumstances occur, AQUELA KOMBUCHA processes orders from its online store and ships them from the factory from Monday to Thursday for orders placed before midnight on the day immediately prior to shipping.
Shipping is carried out by a carrier, which delivers in mainland Portugal within 48 hours of shipping, to the address indicated by the Customer, who will receive a shipping confirmation (“AQUELA KOMBUCHA – Shipping Confirmation”). Please note that orders received after 12:00 on Thursday will only be processed on the following Monday.
However, 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 about the circumstances in question and will be given the option of continuing with the purchase, establishing a new delivery date, or canceling the order with a 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 not possible for the carrier to deliver the order to the address and on the date indicated by the Customer, AQUELA KOMBUCHA will contact the Customer to reschedule delivery for the next business day.
If it is not possible to make the second delivery, the Customer will be charged shipping costs again for each delivery attempt, starting from the third. In this case, you will be asked to contact AQUELA KOMBUCHA so that the delivery and settlement of the amounts in question 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 that which is stipulated at any given time on this website.
The prices on this website include VAT but do not include shipping costs/transportation costs, which will be calculated during the ordering process.
Prices may be changed at any time, but any changes will only affect new orders.
Payment may 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 to terminate 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 via customer support email, apoio@aquelakombucha.pt, submitting a formal complaint, indicating the details of the order and the defects, which will then be communicated to you by AQUELA KOMBUCHA what should you 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 standards in the area of data protection, privacy and security of Customers’ personal information, in accordance with the terms of the Privacy Policy which is accessible at www.aquelakombucha.pt/privacy-policy.
AQUELA KOMBUCHA collects and processes personal data exclusively for the purposes of using, registering and managing purchases made, as well as for the purposes of communicating the products and services provided by AQUELA KOMBUCHA, with the legitimacy of the processing of personal data being based, depending on the case, on the contractual relationship, on the consent of the data subjects or on the pursuit of legitimate interests.
Personal data processed within the scope of AQUELA KOMBUCHA‘s online sales will be kept for the period necessary to pursue the purposes of the processing, complying with the legal deadlines provided for, and Customers may request, at any time, the withdrawal of consent, opposition or limitation of the 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 in terms of personal data protection. 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 processing or erasure, data subjects may contact AQUELA KOMBUCHA via email rgpd@aquelakombucha.pt, describing the subject of the request and indicating an email 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 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 during the purchase process.
Notifications will be considered to have been received and correctly made at the same time that the Customer accesses the AQUELA KOMBUCHA website or 24 hours after sending an email.
The absence of a requirement by AQUELA KOMBUCHA for the strict compliance by the Customer with any of the obligations assumed by him/her by virtue of a Contract or these Conditions or the failure of the same to exercise the rights or actions that are due by virtue of this Contract or Conditions will not mean the waiver or any limitation in relation to these rights or actions, nor will it exonerate the Customer from fulfilling his/her 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 Consumer Dispute Resolution entities: Consumer Conflict Information and Arbitration Centers of Vale do Ave; Vale do Cávado; Porto; Coimbra; Lisbon; Algarve or Nacional (email cniacc@fd.unl.pt), whose contacts can be found at www.consumidor.pt or www.arbitragemdeconsumo.org, or by telephone 707 788 787.
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