GENERAL TERMS AND CONDITIONS & TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS

General Information

The User must carefully read these General Terms and Conditions regulating the access and use of the website www.monterosa-oliveoil.com, as well as all its subdomains (hereinafter “Website”), operated by Viveiros Monterosa, Lda, with registered head office at Cabeça-Moncarapacho, Moncarapacho e Fuseta, 8700-Olhão, Portugal, company with the registration number no. 500640793, which is also its registration number in the Olhão Commercial Registry Office, (hereinafter “Viveiros Monterosa”).

Use of this Website shall be governed by these General Terms and Conditions, implying its use the acceptance of the same by the User. If you reject, as a User, these General Terms and Conditions, you must immediately cease using it.

Viveiros Monterosa may change or update without notice, in whole or in part, these General Terms and Conditions, the Terms and Conditions of Sale, as well as the Data Protection and Privacy Policy, entering any changes or updates in force as published in the respective section of the Website. Users are advised to regularly check the General Terms and Conditions, Terms and Conditions of Sale and the Data Protection and Privacy Policy sections to consult for the most recent version.

Access to and use of the Website is made available exclusively for personal use and to purchase Viveiros Monterosa services (the “Services”) or to obtain information about the same, and are therefore not related with any commercial, business or professional activity of the User.

Viveiros Monterosa reserves the right to at its own discretion evaluate the User’s compliance with these General Terms and Conditions. The infringement of the General Terms and Conditions may imply the withdrawal of the authorisation of use granted by Viveiros Monterosa, in the terms provided herein, as well as the exercise of its rights to the maximum extent permitted by law.

The User undertakes to indemnify and hold harmless Viveiros Monterosa and its legal representatives, partners and employees from any damages, liabilities, claims, including expenses and costs of representation, requested by a third party as a consequence of use of the Website in terms that are not in accordance with these General Terms and Conditions and / or due to a breach of the conditions set forth therein, and / or resulting from a breach of the representations and warranties contained in these General Terms.

Reading these General Terms and Conditions does not excuse the reading of the Terms and Conditions of Sale.

Personal Account

To create an account the User must be over 18 (eighteen) years old and click on the “USER PROFILE” icon in the upper left corner of the website and enter an email address. When the User does so, the User will be directed to a menu where you will have to enter your personal data for registration and to create an account, being these the first name, last name, e-mail address and a password. User will automatically receive an email that will confirm the creation of the account. Once the User completes this process, the User can manage the addresses, order history, credit notes and personal data.

The User can also place an order without registering. To do this, the User can simply fill in the billing and shipping details of the order. However, by registering in the Online Store available on the Website the User can place an order without having to fill all its data again in a future purchase and monitor the status of its orders.

To edit the account, the User will have to access the area “USER PROFILE”, make changes to their fields and select the “UPDATE” option.

Users must update their personal data whenever there is any change to the same.

Authorisation of Use

Without prejudice to other provisions provided in these General Terms and Conditions, Viveiros Monterosa authorises any User to use this Website only for personal or informational purposes, as provided in these General Terms and Conditions. The authorisation for use may be revoked by Viveiros Monterosa at its discretion and at any time. In accordance with the law and these General Terms and Conditions, you may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or modify the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the Website. By accessing the Website, you acknowledge and accept that the content of the Website may be incomplete, inaccurate, not up-to-date, or that it may not meet your needs and requirements.

Content and Limitation of Liability

Access and use of the Website are activities performed by the User.

The User is solely responsible for the use of the Website and its contents. Viveiros Monterosa is not responsible or liable for any use of the Website in terms not in compliance with the legal provisions in force by the User.

In particular, the User is solely responsible for the communication of incorrect, false, or third-party information, without his or her consent, as well as for their incorrect use.

The contents of the Website may contain inaccuracies or typos. Viveiros Monterosa is not responsible or liable in any way for any inaccuracies or errors, any damages caused or resulting from the use of information derived from the Website or through the Website by the User. The User is the sole and exclusive responsible for the evaluation of the information and the contents available through the Website.

The Website and all information and content published therein may be amended by Viveiros Monterosa at any time, from time to time and / or without prior notice.

Considering that any content that may be downloaded or otherwise obtained, any results from a free decision by the User and any liability for damage to the computers or any other electronic devices or data losses resulting from download operations made by User, shall be from the sole responsibility of the User and shall not be charged to Viveiros Monterosa. Viveiros Monterosa assumes no responsibility for damages arising from the inability to access the services provided through the Website or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of contents, Internet-related issues, services or telephone and / or telematics connection, unauthorized access, data changes, or related to the non-existence and / or deficient functioning of the User’s electronic devices.

In the case of creation of a personal account, the User is responsible for the safe and correct use of his / her credentials, which allow access to the reserved area of the services. The User is the sole responsible for providing specific information, which must be correct and updated. The User may not choose a User name belonging to a third party in order to use his or her identity. The User may not, in the same way, use the User name of a third party without his express consent.

The User must guarantee the confidentiality of his / her password and should not share it with third parties.

The User is solely and exclusively responsible for any actions performed through his / her personal account, directly or through third parties authorised by the User. Viveiros Monterosa may revoke the authorisation to use, at its own discretion and at any time, if it identifies any abusive, fraudulent or illegal act.

Viveiros Monterosa has taken appropriate technical and organisational measures to safeguard the security of the services it provides through the Website to ensure the integrity of electronic traffic data related to unauthorised use or knowledge, as well as to avoid risks of dissemination, destruction or loss of data and confidential or non-confidential information of the User, appearing on the Website, or related to access – unauthorised or in breach of applicable legal provisions – to such personal data and information.

Viveiros Monterosa does not guarantee and cannot guarantee that the Website is free from viruses or any other elements that may negatively affect its use.

Website Access, Interruption and Suspension

Viveiros Monterosa makes every effort to provide continuous access to the Website, however, such access may be suspended, limited or interrupted at any time regardless of the cause.

Access to the Website may be limited from time to time to enable the retrieval, maintenance or introduction of new features or services.

The access to the Website may also be interrupted in cases of “Force Majeure” considered as any cause that disrupts the performance of the Website and that has any type of impact on the fulfilment of any obligations arising from or attributable to acts, events, omissions or accidents beyond reasonable control, and in particular, but not limited to, strikes, terrorist action, invasion, war, threat or war preparation, fire, power failure, software, hardware or telecommunication or other network failures, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemics or other natural disasters, any law, regulation, rule or decision of a State or a court.

In any case, Viveiros Monterosa will use its best efforts to regain access as soon as possible. Viveiros Monterosa reserves the right to block access to any material and / or remove any material that may, in its discretion, breach these General Terms and Conditions.

Viveiros Monterosa reserves the right to terminate the accounts of Users who infringe these General Terms and Conditions, including in cases where it verifies that the User resort to an IP address proxy in order to cover up the use of multiple accounts, or intends to be identified as being in a different country from which it is effectively located, or causes disruption to the functioning of the Website by any mean.

Data Protection

The User shall read and analyse the Data Protection and Privacy Policy in order to understand how the Website collects and processes the personal data of the User, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) and other related legislation.

Intellectual Property Rights

All rights are reserved. The Website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video clips or audio or marketing texts as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source codes) and / or other intellectual property rights (hereinafter referred to as “Material”), are the property of Viveiros Monterosa or third parties and are protected against use, copy or unauthorised disclosure by national laws and international treaties relating to Intellectual Property Rights.

Nothing in the General Terms and Conditions and / or content contained on the Website may be construed to imply, granting, accepting or otherwise using the right to use any Material in any way without the prior written consent Viveiros Monterosa or the third party owner of the Material or the intellectual property rights published on the Website.

The use, copying, reproduction, amendment, republishing, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of the same nature, are prohibited.

As a Website User, you agree not to use the Material for any illegal purpose and to not violate the rights of Viveiros Monterosa.

The User may, however, view and display the contents of the Website and / or the Material on the screen of a computer or other electronic device, store such content in electronic form on the disk (but not on a server or on an Internet-connected memory device) or a print of such content for your personal, non-commercial use, but you must retain all information relating to intellectual property rights.

Access to the Website does not give the User any right to the content made available by Viveiros Monterosa.

Hyperlinks to Other Websites

In the event that the Website makes hyperlinks to third party websites or to content made available by third parties (“Other Websites”), Viveiros Monterosa hereby declares that the provision of hyperlinks to such Other Websites is included solely for informational purposes only and for the convenience of the User. Viveiros Monterosa does not control the Other Websites and therefore is not responsible for such Other Websites or for the content or products that Other Websites (including without limitation, the reference to social networks) and is not liable for any damages or losses that may arise from the use of Other Websites by the User, as well as the processing of personal data. Access to any other Website, through an existing hyperlink on the Viveiros Monterosa Website, will be at your sole risk and responsibility.

The User should therefore pay particular attention when connecting to Other Websites through hyperlinks on the Viveiros Monterosa Website and carefully read the respective terms and conditions and privacy policies.

Declarations and Warranties

The User declares and warrants that:

has read and understood these General Terms and Conditions;
is at least 18 (eighteen) years old;
will not reproduce, duplicate, copy, sell, resell or otherwise exploit the website or its contents commercially or in any way, nor will it use or reproduce the trademarks or any intellectual property rights of the Viveiros Monterosa Website;
will not publish or use false, libellous or defamatory information;
will refrain from using, directly or indirectly, the services or the Website for purposes contrary to the law or disagree with these General Terms and Conditions;
will not propagate virus, spyware, adware, rootkit, backdoor or Trojan virus or other similar computer threats;
will not use software or other automatic or manual mechanisms to copy or access control of the Website.

Terms and Conditions of Sale

To consult the terms and conditions related to orders placed through the Website, the User must read the Terms and Conditions of Sale.

Miscellaneous

In any provision is deemed null and void in these General Terms and Conditions, the same shall be deemed to be non-written and all the other provisions will remain in full force.

These General Terms and Conditions will be governed by Portuguese law and will be interpreted in accordance with Portuguese law. Any dispute arising out of or in connection with these General Terms and Conditions, in the absence of an amicable settlement negotiated between the parties, shall be settled by the Lisbon Courts, with express waiver of any other.

You may contact the Customer Service Department for any questions regarding the Terms and Conditions or for any questions regarding the use of the Website, via the following address Cabeça-Moncarapacho, Moncarapacho e Fuseta or email address order@monterosa.pt.

TERMS AND CONDITIONS OF SALE

General Information

Reading these Terms and Conditions of Sale does not excuse the reading of the General Terms and Conditions.

Acceptance of Terms and Conditions of Sale

The agreement between Viveiros Monterosa and the User (hereinafter “Customer”) will be deemed to have been concluded upon acceptance, albeit in part, of the order by Viveiros Monterosa. By submitting an order, by any means available for the purpose, the Customer acknowledges having read all the information contained in this document and / or during the purchase process and declares to accept all of these Terms and Conditions of Sale.

If the Customer is a consumer (according to article 2, no. 1 of Law no. 24/96, of July 31), the contract will be considered concluded when the order is completed through the means available online.

Customer’s rights relating to compensation or reimbursement of expenses, as well as any contractual or extra-contractual liability for damages, direct or indirect, to persons or property, caused by the non-acceptance of an order, in whole or in part, by Viveiros Monterosa, are expressly excluded.

Product Information

The Customer may only purchase the Products included in the electronic catalogue made available on the Website, as detailed in the corresponding information form. It is expressly stated and accepted that the images accompanying the form describing the Product may not be perfect and fully representative of the characteristics of the product, and may differ in colour, size and include Complementary Products. All information in support of the acquisition should be considered simply as generic informational material, not related to the actual characteristics of a particular Product. The Customer may request additional information at any time, using the contacts mentioned in these Terms and Conditions of Sale.

The order is confirmed by Viveiros Monterosa by e-mail, sent to the e-mail address provided by the Customer. Confirmation via email will include the date and time of order execution and the “Customer Order Number”, which should be used in future communications with Viveiros Monterosa. The message will include all data entered by the Customer, who will be responsible for verifying its correction and, if necessary, will immediately communicate the necessary changes, in the terms described in these Terms and Conditions of Sale.

In case of non-acceptance of an order, Viveiros Monterosa undertakes to inform the Customer immediately.

Price and Method of Payment

Viveiros Monterosa reserves the right to change prices at any time. However, Viveiros Monterosa agrees to apply the rates and prices indicated at the time of making the purchase order.

In the event of a computer, manual, technical or other error, which causes a substantial change not foreseen by Viveiros Monterosa in the retail price, in such a way that it becomes exorbitant or manifestly derisory, the request for will be considered invalid and void.

The Prices and Products available on the Website are only valid for purchase orders made through the Website.

The Customer may pay the price, which already includes the fees and taxes associated with the purchase of the Products and the delivery expenses, through:

• Visa: Payment by Visa Card requires the input of valid credit card data. If the information is not valid, an error message will appear, making it impossible to complete the purchase. The total value of the order is automatically charged.

• Master Card: Payment by MasterCard Card requires the input of valid card data. If the information is not valid, an error message will appear, making it impossible to complete the purchase. The total value of the order is automatically charged.

• Paypal

• Bank transfer

Methods, Delivery Times and Expenses

To buy in the Online Store simply add the Products you want to cart in the upper right corner of the Website, indicate a shipping address and billing and choose the payment method. Your order will be shipped directly to the address indicated on the delivery date mentioned on the order confirmation.

The last step of the purchase process consists of a confirmation message, which indicates the general data of your order. At the same time, the Customer will receive an order confirmation email, with all the details of the order confirmation. If Customer does not view this last message or receive the order confirmation email, it means that your purchase has not been completed. In this case you should contact our Customer Service Department through the following e-mail: order@monterosa.pt.

Product prices include all taxes and fees. All prices are in Euro. Payment for the Products by the Customer will be made in the terms defined when ordering. No amounts will be payable to Viveiros Monterosa that are not specifically included in the invoice.

Despite all our verification efforts, it is sometimes possible to have a stock break. In this case our Customer Service Department will contact you to communicate the said breakdown of the article (s) and proceed with the respective reimbursement of the amount.

At the time of delivery of the Products ordered, the Customer shall verify that the Products delivered correspond to the order form sent in advance by e-mail, and any discrepancies must be immediately communicated.

Refund Policy

The customer is within their right to return an item, without need to state the reason for return.

The customer must request the return of goods in writing within 14 days after purchase and subsequently return the stated goods within 14 days after the date of request to return.

All returned items must be in new and unused condition, with all original tags and labels attached and ready for resale. The receipt must also be provided as proof of purchase. Once the returned goods and the receipt have been checked, the customer will be reimbursed for the payment made.

Exceptions to the right of return

– Personalised goods or bespoke arrangements;

– Goods that are near to expiry or likely deteriorate during return shipping;

– Sealed goods that cannot be returned, for reasons of health protection or hygiene when opened after delivery;

– Goods which, after delivery have been inseparably mixed with other products;

Exchanges

We exchange products up to 14 days after your purchase, provided that during this period the purchase receipt is presented together with the complete item, duly packed in the original packaging, in perfect resale conditions and without signs of use.

In case of exchange of online purchases, the cost of return and new shipment will be the responsibility of the customer.

Returns

In case of return of online purchases in which the products are found to be defective, Olive Oil Monterosa will bear the shipping and return costs of all orders.

Refunds

The refund of the amount will always be made through the same payment method used to purchase the product.

Contacts

To exercise the right of free resolution, exchanges or returns of online purchases, the customer must contact us via email order@monterosa.pt or by number 913036150 (Call to the national mobile network).

Warranties

The articles commercialised by Viveiros Monterosa to Customers qualified as consumers, are covered by the legal guarantee regime, in accordance with the provisions of article 5 of Decree-Law no. 67/2003, of April 8, with the changes introduced by Decree-Law no. 84/2008, of May 21.

Exchanges

When the Products(s) is/are damaged during the delivery or not conform to the reservation, Viveiros Monterosa will exchange the Product:

for another equal product, unless the Customer requests the exchange for a different Product, but of equal or greater value.

The Customer must check the Product at the moment of delivery and immediately submit a complaint to the carrier if they have signs of being damaged.

The exchange must be previously communicated to the Customer Service Department of Viveiros Monterosa through the email order@monterosa.pt, indicating the order number, as well as the Products to be exchanged, as well as the reason invoked according to the previous number.

Information and Complaints

The complaints must be sent to Viveiros Monterosa, by registered letter with notice of receipt to the address Cabeça-Moncarapacho, Moncarapacho e Fuseta, 8700-Olhão or to the email address order@monterosa.pt.

Applicable Legislation

The contract between the Customer and Viveiros Monterosa shall be deemed to have been entered into in Portugal and shall be governed by Portuguese law. In the absence of an amicable agreement between the parties, the respective conflicts and disputes of any nature relating to the formation, execution or interpretation of this Agreement shall be finally settled by the Faro Judicial Courts, with express waiver of any other.

Alternative Dispute Resolution

In the event of a dispute, the consumer may have recourse to a Consumer Dispute Resolution Entity:

• CNIACC – National Center for Consumer Conflict Information and Arbitration
Faculty of Law of Universidade Nova de Lisboa – Campolide Campus
www.arbitragemdeconsumo.org

• CIMAAL – Center for Information, Mediation and Arbitration of Consumer Conflicts in the Algarve
Building of the Nest of Companies – Estrada da Penha 8005-131 Faro
www.consumidoronline.pt

• Center for Consumer Conflict Arbitration of the District of Coimbra
Av. Fernão Magalhães, n.º 240, 1º 3000-172 Coimbra
www.centrodearbitragemdecoimbra.com

• Arbitration Center of Consumer Conflicts of Lisbon
Rua dos Douradores, 116, 2º 1100-207 Lisbon
www.centroarbitragemlisboa.pt

• Contracts signed in the Autonomous Region of Madeira
Rua da Figueira Preta, nº 10, 3rd floor 9050-014 Funchal
centroarbitragem.sras@gov-madeira.pt

• Porto Consumption and Arbitration Information Center
Rua Damião de Góis, 31 – Shop 6 4050-225 Porto
www.cicap.pt

• Vale do Ave Consumer Conflict Arbitration Center
Rua Capitão Alfredo Guimarães, nº 1 4800-019 Guimarães
www.triave.pt

• Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)
BRAGA: Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé) 4700 – 030 Braga
VIANA DO CASTELO: Av. Rocha Paris, nº 103 (Edifício Vila Rosa) 4900 – 394 Viana do Castelo
www.ciab.pt

In the case of consumer litigation for online contracts, the consumer may use an online dispute resolution (RLL) system, the ODR Platform (online dispute resolution), which has the power to resolve litigation concerning obligations contracts resulting from sales contracts or online services. Access the Electronic Dispute Resolution Platform in the sales contracts here. For more information please refer to Portal do Consumidor.