Terms and Conditions
1. Online shop (fragariodonorte.pt) ownership to Carlos Alberto Silva Mota, Unip Lda (where on after referred as "Fragário do Norte" or simply "seller") with head-quarters in Rua Dr. Mota Pinto, 633, 4505-495 Lobão, Santa Maria da Feira, Portugal with a share capital of 5.000,00€, Fiscal Identification Number 509 743 501, registered in 'Conservatória do Registo Comercial de Gondomar' is the legitimate owner of the official Fragário do Norte website that can be found at fragariodonorte.pt.
2. Customer support: For additional information you can contact 'Fragário do Norte' through firstname.lastname@example.org
email. If you prefer you can do it by phone Monday to Saturday from 09:00h to 12:00h and from 13:30h to 19:30h (GMT) through the number +351 960 318 321 or by mail to the address Rua Dr Mota Pinto, 633, 4505-495 Lobão - Portugal.
3. Purpose and scope
3.1 The present Conditions and General Terms of Sale regulate exclusive the buy and sell made through the online shop owned by Fragário do Norte between the customer as a buyer and Carlos Alberto Silva Mota, Unip Lda as a seller and applies to all the visitors to fragariodonorte.pt as well as to any commercial transaction done in this the online shop.
3.2. Browsing the site as well as any purchase of a product through fragariodonorte.pt implies the acceptance of the present conditions.
3.3. The seller trades all the displayed products and it is the entity responsible for any transaction done in fragariodonorte.pt. All 'e-commerce' services are only available to final consumers.
3.4. 'Final consumer', 'User' or 'Buyer' is considered anyone that buys with a personal interest outside of their business or profession and without any will to resell the articles purchased through the online shop.
3.5. The seller reserves the right to change this Terms and Conditions without previous notice as well as modify at any moment the information and commercial offer presented for products, prices, promotions and sales conditions. Any change will be published through fragariodonorte.pt
3.6. The seller reserves the right not to process any received order from users that are not 'final consumers' or the ones that are not in compliance with these Terms and Conditions.
3.7. The consumer must provide to the seller a valid e-mail or postal address or the data to other forms of contact and hereby accepts that the seller can use those contact if it's deemed necessary.
4. Information about the contents of the online store 'Fragário do Norte'
4.1. The website fragariodonorte.pt is intended solely to the private use by which the reproduction, transference, distribution or store of the online store 'Fragário do Norte' contents without previous written approval ir forbidden.
4.2. Its expressly prohibited the introduction of links in our website with business purposes or without the previous approval of the seller as well as the use of the domain fragariodonorte.pt with abusive purposes. Any violation will be prosecuted to the full extent of law by 'Carlos Alberto Silva Mota, Unip Lda'
4.3. In the event of the existence, in other websites, of links that allow access to fragariodonorte.pt or references to the online shop 'Fragário do Norte', 'Carlos Alberto Silva Mota, Unip Lda' can't be liable nor is responsible of those links, pages or the contents contained in them.
4.4. 'Fragario do Norte' is fully committed so that the information presented in fragariodonorte.pt exists without typos and in the event they occur it will be corrected as soon as possible.
4.5 All the contractual information are written in Portuguese and English as well as all the information regarding articles, e-mail communications. Exceptions for specific article naming or features from the respective product companies.
5. Commercial policy
5.1. In the case the information presented does not correspond to the products characteristics, it's the user right to the resolution of the purchase contract within the applicable legal terms.
5.2. The pictures displayed in the site are merely illustrative. The seller recommends that the user read carefully the product detail for more information of the features and characteristics of the articles to be acquired.
5.3. The prices and specifications of the products are subject to changes without previous note. Despite the extreme attention from the seller to keep all the information up to date some products might have an incorrect price. The seller will verify the prices for every single order. If the price of the product is lower than the advertised price the user will be refunded of the difference. If the price is higher the seller will communicate with the user by email and hold the order until the decision to accept or decline the order from the user.
5.4. The shop product catalogue from the 'Fragário do Norte' online shop is independent from the physical shop no only for the presented products but also the stock quantities. All promotional campaigns have a limited stock and can be exclusive to the online shop.
5.5. The validation of the order assumes the user has knowledge and accepts the seller General Terms and Conditions described here at fragariodonorte.pt
5.6. All data registered by 'Fragário do Norte' constitutes prove of any transaction done between the seller and the buyer. It's 'Carlos Alberto Silva Mota, Unip Lda responsability to archive the electronic document that formalizes the contract and keep it available upon request.
6. Buyer and user responsibilities
6.1. Any visitor to the website fragariodonorte.pt is obliged to uphold and respect the present general conditions complying with the following: It's strictly forbidden to introduce, store or share through the site slanderous, obscene, xenophobe or any other information that violates the general principles of rights and public order. The user has to keep safe and not share his password in order to prevent third parties to access their account and personal data. The user is forbidden to use false identities. The user must share his personal contacts including correct address in order for 'Fragário do Norte' to be able to correctly process the orders.
6.2. The user is the sole responsible for the accurate of their personal data provided to 'Fragário do Norte' and it's committed to update and inform immediately any change to his account in fragariodonorte.pt
6.3. 'Fragário do Norte' is exempt of any responsibility for any delay or the impossibility to process the order because of error or lack of data communicated by the user specially on the delivery time.
7. Online order
7.1. To place an order in 'fragariodonorte.pt' it is necessary that the user is the owner of an valid e-mail account. The user should place the products in the virtual shopping cart all the product it indent do acquire following all the steps so that the order is placed correctly.
7.2. To place an order in 'fragariodonorte.pt' it's very easy. The user should browse the online shop website and find the products it wishes to acquire. Add them to the shopping cart using the "add to cart" button. When it's time to finalize the order select the shopping cart (on the top right corner of the site) and select "finish order". Fill the data in the form paying special attention to e-mail and delivery address. After that select the form of payment, review your order and proceed to payment. You will receive a confirmation of the order by e-mail. Once done with the order process your order will be validated and the user need to wait the time needed for the items to be shipped.
7.3. Once the order is placed and finished the user will receive an automatic e-mail confirming the transaction. It's suggested that the user print or download a copy of the order for future reference. In any case the user data is not correct it's the user right to immediately inform 'Fragário do Norte' to change the data or even cancel the order.
7.4. In case no payment is received or any violation of the Terms and Conditions, 'Fragário do Norte' reserves the right not to accept the user order, cancel it totally or partially even after the automatic confirmation.
8. Product availability. Order confirmation/cancellation
8.1. 'Fragário do Norte' only processes an order done by a user after the confirmation of payment. Because of that 'Fragário do Norte' can't guarantee stock availability until the payment is received.
8.2. Order shipment will be done only during weekdays. As such for a correct delivery estimation we do not account for weekends or bank holidays. Any delay during shipment against the estimated delivery date don't give the right to indemnification.
8.3. The fullfilment of all the order made throught the site is subject to product availability. 'Fragário do Norte' tries to make sure it has stock for all the items in the site. However, 'Fragário do Norte' ("Carlos Alberto Silva Mota, Unip Lda") reserves the right not to accept or to cancel any order confirmed for items that ran out of stock. In case of unavailability of the item, the seller will inform immediately the buyer of the cancellation of part or the totality of the order. In this case the user has the right to have a full reimbursement of the amount paid.
9. Confirmation/cancellation of the order
9.1. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) might not validate the order that has no assurance of payment when the order is incomplete or incorrect or when the products ordered are no longer available. In any case, 'Fragário do Norte' will inform by email the user that the sales contract was not fulfilled specifying the reasons for such occurrence.
9.2. If the items ordered in 'fragariodonorte.pt' are no longer available upon the buyer last access to the site despite having order confirmation or when 'Fragário do Norte' ("Carlos Alberto Silva Mota Unip Lda”) receives the order, the seller will inform immediately the user of the item unavailability always before 30 days or the order acceptance.
9.3. If an order and respective payment was made for items that meanwhile became unavailable, 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) will reimburse any amount paid for the unavailable items.
9.4. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) reserves the right to refuse any order regardless of the motive and exempts itself for any damage or costs as well as it reserves the right to cancel any order that was already accepted and confirmed by 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) specially in the following situations: The information present in the invoice is not accurate or verifiable; the order is marked by the website security system as incorrect, irregular or suspicion of fraud; when the payment of the order is not received on a 5 day period subsequent to the order acceptance; when it's not possible to deliver the order on the buyer provided address; if it's proved that the buyer didn't had the capability to realize the order; if there is an error in the product price; if the order is done by a reseller.
10. Payment conditions and assurance guarantees.
10.1. All accepted payment methods will be displayed at fragariodonorte.pt. The seller does not accept any other form of payment excepts the ones stated in the site.
10.2. The user can pay for the items with credit card, paypal or by bank money transfer.
10.3. Payments using credit card will have all their details (card number, valid date and security code) sent by encrypted protocol to the company that provides remote electronic payment services, REDUNICRE, without access from third parties. These informations' will not be used by 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) except to make the payment or reimbursement in case of order return. This is in conformity with the right of reimbursement or police communication in case of fraud.
10.4. The price of the items and transportation cost, has indicated in the order form, will be charged to the user when the acquired products are actually shipped.
10.5. The user should not attempt any other payment method other than the specified ones in fragariodonorte.pt. If it does, 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) can't be liable for the loss of payment or any damage that can occur because of that.
11. Website security for online shop 'Fragário do Norte' and all the transactions.
11.1. The online shop 'Fragário do Norte' uses the most recent and robust encryption security technologies. All the payment information will be encrypted from the initial moment of the transaction to the moment or order processing and will not be stored in any public server.
11.2. Depite the seller uses very evolved and updated encryption software, any payment made thru Internet or by email has its own risks specially when the user does not take the right precautions and does not assume proper responsible conduits.
11.3. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) can't be liable for any damaged occurred resulting of the use of electronic communication methods specially the damage occurring in flaws or delivery delays in any form of electronic communication, interception of manipulation of electronic communications by third parties or by computer programs used for virus transmission.
12. Item ownership
12.1. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) is the owner of the products until it has received the full payment for those products.
13.1. All the prices showned on website fragariodonorte.pt have the legal sales tax (IVA - Imposto de Valor Acrescentado).
13.2. The full price specified at checkout includes all sales taxes and shipment costs. The prices are calculated upon order confirmation to which the user can print or save for future use. The user should pay/transfer only the exact amount specified at order confirmation and should do a single payment per order.
13.3. All shipment costs are calculated by order. The exact price will depend on the delivery method.
14. Quality and Assurance.
14.1. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) will only sell thru fragariodonorte.pt product of high quality and will never sell products with defects of with inferior quality of any other product existing in the market.
14.2. All offered product for sell in fragariodonorte.pt might not represent the real item when looking at the image or color especially due to the browser or display used.
15. Product shipment and delivery
15.1. All the products ordered at online shop 'Fragário do Norte' will be shipped and delivered during weekdays from Monday to Friday.
15.2. The seller can only guarantee good delivery if the shipping address is well described by the user. The address should point to an home or office within Europe.
15.3. A delivery is considered successful with the signature of the received order in the specified address.
16. Shipment cost and delivery dates.
16.1. All the shipment values will be invoiced per order. This means if you order more than one article you will pay only once the shipment costs. Nevertheless 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) reserves the right to split the order delivery in more than one package in case one of the items is not available. Case the seller decides to split the order the user will be notified by email using the provided email address upon the order completion.
16.2. The shipment costs are described in the table below and refer to Continental Portugal, Portuguese Islands and Europe.
|Physical shop Fragario do Norte
|Continental Portugal by CTT
||3,00€ to 8,00€ (free for orders above 75€)
|Continental Portugal by transport company
||9,00€ (free for orders above 75€)
|Portuguese islands by CTT
||To be calculated by weight and volume
16.3. At delivery time the buyer should inspect the package and the shipped products to evaluate eventual damage. If the buyer see that the products are damaged it should not accept the delivery that should be immediately returned thru the return mechanism described at fragariodonorte.pt. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) will proceed to the reimbursement of any paid amounts by the order (including shipment costs) as soon as it received the package back at headquarters and completes the return process.
16.4. The order is considered fulfilled if upon reception the buyer does not return the order in the next 30 days.
17. Delivery dates
17.1. Once the order is complete, payment received and all the items are available 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) commits to send the package with the following estimated delivery dates: 3 to 7 working days in Continental Portugal, 10 to 12 working days for Portuguese Islands and 1 to 2 working days for Europe.
17.2. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) will not be liable by any shipment delay that is caused by any major event, act or omission outside his control.
18. Product return
18.1. In the case the buyer decides to return the ordered products, 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) has the right not to accept the product return in case those are not in the original state and package or if they have been used.
18.2. Upon reception of the order the buyer has a 30 days schedule to return the articles if those present any defect or any other non-conformity with the ordered product or if the buyer changes his mind without the need to expressly state the reason.
18.3. All product returns shipment costs are the responsibility of the buyer and all the shipment costs described in 16.2 are applied.
18.4. In order to start the return process the buyer should contact the seller by email of its decision and the details regarding the item specifying the product reference, invoice number and date. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) will reply to the email with all the necessary steps the user must take to start the return process.
18.4.1. For return to be done at the physical store Fragário do Norte, user should follow the instructions given in the email, head to the shop with the item in it's original box. Physicaly the item will be checked, and the user will receive a ticket as proof of delivery. The money return will be done thru the site fragariodonorte.pt and it will be fulfilled upon product reception in the agreed condition.
18.4.2. For return to be done outside the physical shop the user should attach the document received by email to the return box. The item should be packed in its original box and the user will receive return instruction by email. Once the article is received and the seller warehouse it will be checked. The money return will only be done after the acceptance of the received article in the stipulated conditions.
18.5. Upon the reception of the total or part of the order at our head-quarters, the seller will deal with it in a average deadline of a week. In case the return is accepted the user will be refunded of its value using the same original payment method. The returns are done only to the account/card used during the buying process.
19. Applicable conditions to promotion codes (discounts)
19.1. When used according to the described rules, a promotion code enables the user to have a direct promotion or discount to a specific product or group of products during the defined period of the promotional campaign.
19.2. The codes are personal and can't be passed to others. Can only be used for online shopping in the site (fragariodonorte.pt). The selling, trade or giveaway of a promotional code is not allowed. The user can't publish or advertise the promotional code in other website or in any form of a public offer, donation, sell or trade. It's forbidden the use of the promotion code for commercial endings.
19.3. The promotion code is a single use only per product or order. The promotion codes are not comulative with any other special offers or promotions.
19.4. The promotion code can't be traded for currency and should not be re-edited or refunded.
19.5. Without prejudice of any other rights, 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) reserves the right to cancel immediately any promotion code issued in case there is a suspicion that the code is being used in violation of the applicable conditions described above.
20. Duration of the promotion or commercial campaign.
20.1. The promotional offers or campaigns advertised through the site fragariodonorte.pt are only valid to the moment they are published in the site and respecting the applicable conditions described above unless any other information is published in the seller website.
20.2. In case of return of a product acquired during a campaign or with a promotion code the refund value will be strictly what the user spent with the article.
21.1. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) will only be liable by any damage resulting to the user in case any of those result in contractual violations of 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) to the user, or in case the responsibility results from the aplicable legal right.
21.2. Case the user has suffered damage resulting with the activity of the website (fragariodonorte.pt) the 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) responsibility will be limited to: damage to the products of 'Fragário do Norte', reasonable proved costs incurred by the buyer in virtue of violation by 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) of the current Terms and Conditions.
21.3. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) can't be liable by any damage suffered by third parties resulting of the use of any of our products. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) can't be held responsible by any damage resulting of a bad use of our products.
21.4. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) can't be liable by damage resulting from incorrect information published in the website 'fragariodonorte.pt'
21.5. All product marketed by 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) are in conformity with the Portuguese applicable law.
22. Intellectual and Industrial Property.
22.1. All the text, comments, works, illustrations, constructions and images reproduced or displayed in fragariodonorte.pt are strictly reserved in the author right as well as in the intellectual and industrial property for the whole world.
22.2. By the Intellectual and Industrial property law and right the use of such it's only permitted for private use, accounting for any contrary or restrictive information part of the referred code.
22.3. Any total or partial reproduction or representation of the site fragariodonorte.pt of any elements present in the site is strictly forbidden.
22.4. The legal names, brands and distinctive signs reproduced in fragariodonorte.pt are protected by the industrial property rules and law. The reproduction or representation of part of the whole of any distinctive signs is strictly forbidden and can only be authorized with the previous written agreement from the owner of 'Fragário do Norte' brand.
22.5. In case any user wants to use information or materials from fragariodonorte.pt it needs to get previous written approval from 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”)
23. DoA - (“Dead on Arrival”)
23.1. 'Fragário do Norte' assures all the animals and living beings are shipped in good conditions. If, by any means, the live animals arrive dead, the user should contact immediately 'Fragário do Norte' sending by email a photo of the sealed bag.
23.2. DoA does not cover shipment costs.
23.3. DoA will refund the total value of the dead animals either by their value in credit store (physical or online) or by the replacement of the product by another. All shipment costs are the responsibility of the user on all options.
23.4. Case the user is not present in the first attempt to delivery or in case it takes more than 24h transit to deliver the DoA assurance will be void.
23.5. Case the user delivery address is the transport company head-quarters or delegation, the user should pick up the delivery up till the end of the arrival working day, otherwise the DoA assurance will be void.
23.6. In case the user used an invalid or wrong address resulting in the dead of animals the DoA assurance will be void.
23.7. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) can't be held accountable by delays or miss conduit in the dead of animals during shipment and delivery. The shipment is done by companies that do live animal delivery to which any delay or damage caused during transit it's not 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) responsibility but rather the shipment company. During shipment and delivery all terms and conditions from the shipment company will be applied.
24. Aplicable law
24.1. The current Sales Terms and Conditions and all litigations that are related to the present general conditions including its accuracy, the use of 'fragariodonorte.pt' or any other purchase in the site are ruled by Portuguese law.
24.2. In case of litigation as to the interpretation or execution of the present Terms and Conditions, 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) and thy user are obliged to try and find a peaceful agreement that is fair for both parties within 60 days (sixty) from the received communication by any of the involved parties.
25. Change of the present Terms and Conditions.
25.1. 'Fragário do Norte' (“Carlos Alberto Silva Mota Unip Lda”) reserves the right to change the present Terms and Conditions at any time. The user is subject to the terms and conditions in place at the date of the purchase order except if the Portuguese law or authority impose a change in any of the terms and conditions.