Terms of service
These Terms and Conditions (hereinafter referred to as «General Conditions») regulate the purchase and sale of Vieira Products (hereinafter referred to as «Products»), marketed through https://www.vieiradecastro.pt/ (hereinafter referred to as «Store») by VIEIRA DE CASTRO FOOD PRODUCTS, S.A., located at 514 Rua do Paço, Gavião, 4760-212 Vila Nova de Famalicão, with the unique registration number and legal entity 500 298 882 (hereinafter «Vieira»).
The Store will provide information on a set of food products produced and marketed by Vieira, allowing the consumer (hereinafter «User») to purchase such products electronically.
Upon beginning of use of the Store the User specifically declares to have read and freely accepted these General Conditions, without reservations, thus representing this regime the prevailing and whole agreement of sale and purchase e of products through the Store, unless Vieira expressly agrees in writing otherwise, in written or oral form.
By accepting these General Conditions, the User declares that he is over 18 years old and that he has the legal capacity to enter into contracts.
In order to purchase any of the Products available in the Store, the User must register and create his User account through the registration process available in the Store.
Following the above stated, the User must provide the following data:
The User is responsible for the veracity, accuracy and lawfulness of the data provided at the time of registration, as well as its updating.
Although Vieira makes every effort to keep Users' information up to date and accurate, whenever any changes occur to the personal data provided by the User, the User must contact Vieira, in writing, through the e-mail indicated in Clause 10.3 below in order to request the update or rectification of User's personal data.
Only one e-mail address can be registered with each Registration, and it is not possible for the User to reuse it in another Registration in the Store.
The User accepts that access data to the User Account may only be used by the User, and multiple persons are not allowed to share access data.
The User is the sole responsible for the security and good use of his password, as well as changing it on a regularly basis. Vieira shall not be deemed responsible for the inappropriate use or loss of the password.
Product and Content Information
Vieira will use its best endeavours so that the information presented in the Store is free of typographical errors, which, whenever they occur, will be corrected by Vieira, as soon as possible.
Vieira will use is best efforts to keep the information contained in the Store updated, but gives no warranty, express or implied, as to the accuracy or completeness of any information (including information about Products or services) included in the Store.
At any time Vieira may change, delete or move any information in the Store, without prior notice, including Products, prices, promotions, offers, commercial conditions, promotional actions and services.
All mandatory and necessary food information on products, including the list of ingredients, nutrition declarations, allergens, among others, will be made available by Vieira, which will bear no responsibility for any damage caused to the User, or to third parties, resulting from the lack of awareness of this information.
The information provided by Vieira in the Store does not preclude the reading of the labels of the Product purchased by the User, expiracy date, as well as recommendations for its use and/or conservation.
The Store has the appropriate levels of security, however Vieira will not be liable for any damages suffered by the User and/or by third parties, due to delays, interruptions, errors and suspensions of communications that arise from factors beyond its control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or by downloading files infected or containing viruses or other properties that may affect the User’s equipment.
If, for any reason an error in the access to the Store occurs, and because of that it is impossible to purchase any Product, Vieira will not be held liable for any damage caused to Users or to third parties.
Vieira is not responsible for damage arising from the malfunction of the Store when it is not directly or indirectly imputable by way of intent or serious fault, not being responsible in particular for (i) errors, omissions or other inaccuracies concerning the information made available through the Store; (ii) damage caused by the fault of the User or third parties (iii) for the total or partial failure, definitive or not, resulting from the execution of judicial decisions or orders issued by administrative authorities; or (iv) for non-compliance or defective performance resulting from the occurrence of force majeure, defined as situations of an extraordinary or unforeseeable nature, outside the will and control of Vieira and which cannot be controlled by Vieira, such as pandemics, fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond Vieira’s control that prevent or impair the fulfilment of the obligations assumed.
Any material obtained in any way through the use of the Store is used at the User’s own risk, and the User is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from such operation.
Vieira refuses any responsibility for any delay or impossibility of processing the order, particularly in delivery, due to error or insufficiency of the data communicated by the User under the Registration process indicated in Clause 2.
Price of Products and Other Charges
Vieira will use its best efforts to ensure that all information regarding prices of Products or services indicated in the Store are correct and updated at all times. However, the User expressly acknowledges and accepts that such information may contain errors and therefore Vieira only warrants the unit selling price(s) of ((s) the Product(s) will be always those indicated on the order note generated at the time immediately prior to the Order Confirmation by the User.
The unit selling price(s) (s) of the Product(s) includes the value of VAT at the applicable legal rate (when applicable), but does not contain delivery costs, which will be added to the total price to be paid by the User after the Order Confirmation.
Transport costs vary according to orders placed to the territory of mainland Portugal or to Madeira and the Azores, being presented in the order form generated at the time immediately prior to the Order Confirmation by the User and prior to the payment processing.
The following info will be included in the order note prior to the Order Confirmation by the User: the total price of the Product, including taxes and fees, additional shipping charges, postal or delivery charges and/or any other charges applicable to them, and the methods of calculating them.
Payment and Contract Formation
After the Order Confirmation, for the purchase of the Product(s) to be completed, the User will need to proceed to the payment of the ordered Product(s) price(s) with the charges referred to in Clause 5 of these General Conditions.
For the purpose set herein, the User, to confirm and proceed to payment, must log in to his User Account and select the desired Products for purchase that are available in the Store, adding them to the "Shopping Cart" and following the page instructions.
Payment can be made by:
credit or debit card;
When paying by debit card or bank transfer, the User declares that he is the holder of the respective card or account.
Payment with credit cards is subject to validation verification and authorization by issuing entities. If the card issuer does not authorize payment, Vieira will not be held responsible for any delay or lack of delivery, reserving the right to cancel the contract.
Vieira will not process or dispatch the Product(s) ordered by the User until payment is made by the User.
Once the order has been completed and the payment has been made, the User will receive an automatic email confirming the transaction. Any inaccuracy found by the User in the data can be reported for correction..
Availability of the Products
All orders are subject to Products availability in stock.
When ordered Products are not available, Vieira will inform the User of such unavailability.
Delivery time shall not exceed 2 working days for orders in mainland Portugal and 5 working days for Madeira and Azores, starting from the moment of the Order Confirmation and payment by the User, except in cases of force majeure or in duly justified cases.
Without prejudice to the preceding paragraph, the previous delivery times are only indicative and may, if necessary, be extended in festive seasons or as a result of a great number of orders received.
Deliveries are only available to mainland Portugal, Madeira and the Azores.
Deliveries will be made between 9h00 and 19h00, Monday to Friday, in mainland Portugal, Madeira and Azores, at the address indicated by the User.
For the purposes of these General Conditions, a "delivery" shall be deemed to be made or a product shall be deemed to have been "delivered" with the signature of the delivery receipt or by the collection of customer identification data by the distributor and signed by the distributor.
Vieira refuses any responsibility for any delay or impossibility of order processing, especially in delivery, due to error or insufficiency of the data communicated by the User.
Vieira warrants the use of all its Products until the date of expiracy, or up to the end of the recommended period for consumption after its opening, provided that it has not yet exceeded the said date of expiracy and provided it is packaged in accordance with the instructions stated on the packaging of the product.
The warranty referred to in the previous paragraph corresponds to Vieira’s guarantee that, verified the conditions provided in that paragraph, if the Product does not comply with the legal terms, or if it is unfit for its normal consumption, the User shall be entitled to its replacement or, if expressly stated, to the reimbursement of the price and charges related to the delivery of the Product(s).
For the exercise of the rights indicated herein, the User must send a communication to Vieira, by registered letter or by e-mail with details stated in Clause 10.3, including the order number, the description of the non-compliance. In such cases, the costs of returning or collecting products shall be supported by Vieira.
Upon receipt of the returned Product(s) at Vieira’s facility, the verification of the alleged non-compliance will be carried out by Vieira and, if proven correct, Vieira will replace the Product(s) by sending a new Product within no more than 15 days thereafter and without any additional costs, unless the User has expressly requested a refund of the price and charges related to the delivery of the Product(s) - which shall be carried out in accordance with the provisions of the following paragraph.
Pursuant to paragraph 1, reimbursement shall be made through the same mean of payment as used by the User in the original transaction; unless expressly agreed otherwise and provided that the User does not incur in any costs as a result of the refund.
By using of the Store, the User accepts that the communication between himself and Vieira will mainly be made by electronic form, with contact by telephone also being possible.
For contractual purposes, the User accepts this mean of communication and acknowledges that any contracts, notices, information and other communications that Vieira sends by electronic means to the e-mail indicated in the Register, duly satisfy the legal requirement that such communications shall be made in writing.
All communications from the User to Vieira must be sent by e-mail to the address email@example.com
Any communication will be deemed to have been received 24 working hours after the e-mail has been sent.
Protection of personal data
Vieira, as the controller of personal data, respects your privacy.
Any and all personal data collected in the Online Store will be kept confidential and will not be sold, communicated or otherwise reused by third parties without your permission. Any personal data provided to us will be processed in accordance with the relevant legislation, best practices and ensuring all appropriate technical and organizational security measures for their protection.
The User, as the holder of personal data, may exercise the rights that the data protection legislation gives him – namely, the right of access, rectification, erasure, limitation, opposition and data portability –, by writing to the following e-mail address indicated in Clause 10.3 above, without prejudice to the right to submit a complaint to the National Supervisory Authority – the National Data Protection Commission (www.cnpd.pt).
The declaration of invalidity, illegality or ineffectiveness by a competent authority of any of the provisions of these General Conditions shall not affect any of the other provisions, which shall remain in full force.
Amendments to the General Conditions
Vieira reserves the right to change these General Conditions at any time without prior notice. Any changes will be published in the Store’s main page.
Law and Jurisdiction
All contracts made under these General Conditions are subject to Portuguese law.
Any conflict or divergence of interpretation, execution or legitimacy of these General Conditions must be submitted to the District Court of Braga.