Terms and Conditions
The “General Terms and Conditions of Sale” contained in this document are intended to regulate all purchase and sale operations of food supplements and other natural and dietary products for food purposes included in the commercial catalog of “César & Paula, Lda.”By its customers, hereinafter referred to as Customer.
The acceptance of any order is expressly conditioned to the adhesion, on the part of the Client, to the content of the present general conditions of sale.
Consequently, the Client declares to accept the present general conditions of sale without any condition or reservation.
Clause One - Obligations:
1. Within the scope of its commercial activity, “César & Paula, Lda.” undertakes to sell to the Customer the products ordered by him from among those contained in his commercial catalog, available on his website, under the terms provided for in the following point.
2. In turn, the Client undertakes to pay the price fixed by “César & Paula, Lda.", As well as the other charges that result from the provisions of the present general conditions of sale, the applicable legislation or resulting from the nature of the business to be concluded.
Second Clause - Orders:
1. The Client undertakes to transmit “César & Paula, Lda.”, Through the store online courses available on the latter's website, orders for the products you wish to purchase, itemizing their quantities and references according to the commercial offer presented by “César & Paula, Lda.”.
2. The availability of the products indicated in the store online courses may suffer changes motivated by temporary stockouts, reasons of force majeure or any constraints related to the operation of transport and delivery of products that prevent “César & Paula, Lda ..” from keeping available the quantity or type of products listed for shipping your website.
3. By email, “César & Paula, Lda.” must inform the Customer of the good reception of the order, indicating, from the outset, the expected delivery time for the ordered products, as well as the total price of the order placed.
4. The price mentioned in the previous point must be indicated in EUROS, including, in addition to the price of the products ordered, the values corresponding to fees and taxes, postal, delivery, transportation or other charges that, taking into account the specifics of the order placed , may have to be supported by the Customer.
5. In addition to the amounts provided for in the previous point, additional transport, delivery, postal or other charges may be due, which, if any, should be borne by the Customer.
6. Orders with a value equal to or greater than € 30,00 (thirty euros) do not constitute the Customer in the obligation to make any payment of expenses related to the sending of the order.
7. In the event that the order placed does not exceed the value of € 30,00 (thirty euros), the Client will have to bear the payment of the delivery charges for that order, according to the price table reproduced below:
Price per object
8. If, during the sale process, any taxes or contributions applicable to the products traded are created or modified, these must be borne by the Customer, through the consequent price update.
9. The price update under the previous points will occur automatically, without the need for any prior notice to the Client.
Third Clause - Payment:
1. Payment can be made through the following means: bank transfer, ATM reference, Paypal, MB Way.
2. Without prejudice to the payment at the time of receipt of the order in the case of sending the collection, the payment through the other forms mentioned in the previous point must be made within 3 working days from the date of placing the order by via electronic means.
3. If the orders placed are not paid within 30 days from the date of placing the order electronically, "César & Paula, Lda." reserves the right to cancel, unilaterally and without any prior notice, the order placed by the Client, without the Client being entitled to any compensation.
4. Once the good payment has been confirmed, “César & Paula, Lda.” will start processing the order, which will be issued under the terms explained in Clause Four.
Fourth Clause - Shipment of the Order:
1. Orders placed in the store online courses of “César & Paula, Lda.” will be sent to the customer's address requested during the order completion process, through the CTT Expresso service, provided by the company “CTT Correios de Portugal, SA - Sociedade Aberta”.
2. “César & Paula, Lda.” undertakes to deliver, by 18 pm on the following 00 working days, orders submitted in mainland Portugal and confirmed by 2 pm on a working day.
3. The provisions of the previous point do not apply to orders to be delivered in the Autonomous Regions of Madeira and the Azores and in foreign countries, in which case that period is dependent on factors external to “César & Paula, Lda.” and that, for this reason, will only be communicated to the Customer after confirmation of the good collection of the order value.
4. Orders are prepared and shipped with the utmost care and packed in order to preserve the products during the transport operation.
5. When applicable, the costs resulting from the operation of sending the transacted goods or any other task related to the delivery process will be the responsibility of the Customer.
6. “César & Paula, Lda.” cannot be held responsible, in any way, for any eventual delay in the delivery of the product or for any defect that it may present, directly or indirectly attributable to the transport company.
Fifth Clause - Non-compliance:
1. If, for reasons related to the unavailability of the ordered product, it is not possible for “César & Paula, Lda.” deliver the ordered product, the Customer will be informed of this fact and may, alternatively, choose to supply another product of equivalent quality and price, under the terms provided for in these General Conditions of Sale, or for the refund of the amounts paid, within a maximum period of 30 days from the date of knowledge of the unavailability on the part of "César & Paula, Lda."
2. If the Client chooses the first option provided for in the previous point, he will have to expressly express his choice to “César & Paula, Lda.”, Indicating, from the start, the product that he wants to replace what was previously ordered.
3. For the purposes of the provisions of paragraph 1, “product of equivalent quality and price” is considered to be any product that has, essentially, the same properties as the product previously ordered and presents a price that may vary, in a different way. ascending or descending, in the percentage of 15%.
4. If you choose a product with a lower price than the one previously ordered, the Customer will be refunded for the difference between the price of the first product and the price of the good that was supplied in second place within 30 days of the delivery of the latter.
5. Neither party will be held responsible for non-compliance with the obligations resulting from this contract, if compliance becomes impossible as a result of unforeseeable circumstances or force majeure.
6. For the purposes of the previous paragraph, acts of God or force majeure are considered to be any event or circumstance independent of the will of the parties, such as a general strike, changes in public policies, customs restrictions, natural phenomena, war, insufficient industrial production of raw materials or electric energy, unavoidable interruption of transport or operations, damage caused by fire or explosion, order issued by the government or, in general, all events that meet the conditions of exteriority, unpredictability and irreversibility.
Sixth Clause - Exchanges and returns:
1. Without prejudice to the provisions of these General Sales Conditions regarding the right to free termination of the contract, exchanges and returns of the traded products are free from any prior control by “César & Paula, Lda ..”.
2. Requests for exchanges and returns must be substantiated and communicated by the Customer, expressly, by e-mail, within a maximum period of 5 days from the date of actual receipt of the ordered product.
3. The e-mail message provided for in the previous number must include, in particular, the following information:
a) Customer identification;
b) Order identification;
c) Desired service (exchange or return);
d) Brief description of the facts that motivate the exchange or return;
e) IBAN of the bank account to which the amount to be returned by the “César & Paula, Lda.”In case of return;
f) Indication of the product to be purchased, in case of exchange;
4. The return of the product must be made through the service that performed the delivery of the order in accordance with the provisions of point 1 of Clause Four, without prejudice to the Client being able, if he so wishes, to use any other means of shipping for the It is made.
5. The refund of the amount paid on account of the order will be made, by bank transfer to IBAN to be indicated by the Customer, within 5 days from the date of receipt of the returned product.
6. In the case of accepted exchanges, “César & Paula, Lda.” undertakes to send the new product within 30 days from the date of receipt, at its registered office, of the product whose exchange is intended to take effect.
7. All charges related to the product return or exchange process, including those resulting from the product shipment process to be returned or exchanged, will be borne entirely by the Customer.
Seventh Clause - Guarantee:
1. In case of lack of conformity of the product with the description made on the website of “César & Paula, Lda ..”, the Customer has the right to have it replenished free of charge, through repair or replacement, appropriate price reduction or termination of the contract, within 30 days.
2. In the event of exercising this right, the Customer will not be responsible for any expenses necessary to restore the product's conformity, namely the costs of transportation, labor or material.
3. The right conferred by paragraph 1 will only apply if the lack of conformity manifests itself within a period of five days from the date of delivery of the goods to the Client.
4. To exercise the right provided for in paragraph 1, the Client must report to “César & Paula, Lda.” the lack of conformity of the product within 5 days from the date on which it detected such fact.
5. The guarantee provided for in this Clause covers only and only any defects in the manufacture of the products, not including any non-conformities that reasonably arise from the abusive or unwise use of the products, which result from their frequent use or whose origin cannot be be proven by the Customer.
6. In view of their particularities, perishable products are not covered by the warranty provided for in this clause, their guarantee coinciding with the established validity period.
Clause Eight - Right to free termination of the contract:
1. Pursuant to the provisions of article 10 of Decree-Law no. 24/2014 of 14 February, the Client has the right to terminate the contract entered into with "César & Paula, Lda." without incurring any costs and without needing to indicate the reason, within 14 days from the day on which the Customer or a third party, with the exception of the carrier, indicated by the Customer acquires physical possession of the products transacted.
2. If several products ordered through a single order have been delivered but delivered separately, the period provided for in the previous point starts from the day on which the Customer or a third party, with the exception of the carrier, indicated by the Customer purchases physical possession of the last traded product.
3. Once the right to withdraw from the contract is exercised, the obligations arising from the content of these General Sales Clauses are extinguished for both parties.
Clause Nine - Modes of exercise and effects of the right to free termination of the contract:
1. The right to terminate the contract provided for in the previous Clause may be exercised through any unambiguous statement, sent before the expiry of the deadlines for this purpose, or by letter, telephone contact, return of the asset or by any other means of proof, through which the Client communicates to “César & Paula, Lda.” you want to terminate the contract.
Clause Tenth - Obligations of the Client arising from the exercise of the right to free termination of the contract:
1. The Client must, within 14 days from the date of sending his decision to terminate the contract, return or deliver the purchased product to “César & Paula, Lda.” or another person authorized to do so.
2. The product to be returned within the period provided for in the preceding paragraph must be presented in the proper conditions of use, and must not show any damage that would make its resale unfeasible or excessively costly.
3. The Client must bear the full cost of returning the asset under the right to free termination of the contract.
Eleventh Clause - Obligations of “Celeiro da Saúde, Unipessoal, Lda.”Arising from the exercise of the right to free termination of the contract:
1. Within 14 days from the date of the decision to terminate the contract, “Celeiro da Saúde, Unipessoal, Lda.” proceed to the refund of the Client of all payments received, except for the costs of delivery of the good which will be borne by the Client, using the same method used by the latter to pay for the order placed.
2. The “Celeiro da Saúde, Unipessoal, Lda.” reserves the right to withhold the refund amount as long as the products transacted are not received or until the Customer has provided full proof of the return of the products.
Twelfth Clause - Complaints Book:
1. “César & Paula, Lda.” it has a complaints book in paper format, available at its registered office, and in an electronic format through which the Customer can, if it so chooses, submit complaints that it deems convenient.
2. The electronic complaints book is available through the following website: www.livroreclamacoes.pt.
3. Complaints submitted under the terms of this Clause will be dealt with properly under the terms of the applicable legislation, namely in Decree-Law No. 156/2005 of 15 September, or any other that may replace or alter it .
Clause Thirteen - Applicable Jurisdiction:
1. In everything that is not regulated in the present general conditions of sale, the provisions of national and community legislation applicable to the specific case are governed.
2. Without prejudice to the provisions of Clause Nine, in the event of a dispute resulting from the interpretation or execution of these general sales clauses, the jurisdiction of the District of Sintra will be competent, with express waiver of any other.
(you must complete and return this form only if you want to terminate the contract)
- To [insert the name, geographic address and, where appropriate, the fax number and e-mail address of the professional here]:
- By this communication / we communicate (*) that I will resolve / we will resolve (*) of my / our (*) purchase and sale contract related to the following asset / for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer (s)
- Address of consumer (s)
- Signature of the consumer (s) (only if this form is notified on paper)
(*) Strike out what does not apply
List of Alternative Dispute Resolution Entities
(under Law No. 144/2015, of 8 September)
National Consumer Conflict Information and Arbitration Center
GENERIC COMPETENCE ARBITRATION CENTERS
Performance throughout the national territory, in areas not covered by another regional competence arbitration center
Contacts CNIACC - National Consumer Conflict Information and Arbitration Center
Faculty of Law of the New University of Lisbon
Tel: 213 847 484
Information Center, Measurement and Arbitration of Consumer Conflicts of the Algarve
Geographic area covered: Contracts signed in the District of Faro.
Contacts CIMAAL - Information, Mediation and Arbitration Center for Consumer Conflicts in the Algarve
Ninho de Empresas Building, Estrada da Penha, 8005-131 Faro
Tel: 289 823 135
E-mail: firstname.lastname@example.org; email@example.com
Center of Arbitration of Conflicts of Consumption of the District of Coimbra
Geographic area covered: Contracts signed in the municipalities of Arganil, Cantanhede, Coimbra, Condeixa-a-Nova, Figueira da Foz, Góis, Lousã, Mira, Miranda do Corvo, Montemor-o-Velho, Oliveira do Hospital, Penacova, Penela, Soure , Tábua, Vila Nova de Poiares.
Contacts Postal address:
Av. Fernão Magalhães, n.º 240, 1º - 3000-172 COIMBRA
Tel: 239 821 690
Center of Arbitration of Consumer Conflicts of Lisbon
Geographic scope: Contracts signed in the Metropolitan Area of Lisbon, Alcochete, Almada, Amadora, Azambuja, Barreiro, Cascais, Lisbon, Loures, Mafra, Moita, Montijo, Odivelas, Oeiras, Palmela, Seixal, Sesimbra, Setúbal, Sintra and Vila Franca de Xira.
Contacts Postal address: Rua dos Douradores, 116, 2º - 1100-207 LISBOA
Tel: (+218) 807 030 XNUMX
E-mail: firstname.lastname@example.org / email@example.com
Porto Consumption and Arbitration Information Center
Geographic scope: Contracts signed in the Porto Metropolitan Area, Arouca, Espinho, Gondomar, Maia, Matosinhos, Oliveira de Azeméis, Porto, Póvoa de Varzim, Santa Maria da Feira, Santo Tirso, São João da Madeira, Trofa, Vale de Cambra, Valongo, Vila do Conde and Vila Nova de Gaia.
Contacts Postal address: Rua Damião de Góis, 31 - Loja 6 - 4050-225 Porto
Tel: 225 508 349
Consumer Information, Mediation and Arbitration Center (Consumer Arbitral Tribunal)
Geographic scope: Contracts signed in the municipalities of Amares, Arcos de Valdevez, Barcelos, Braga, Caminha, Esposende, Melgaço, Monção, Montalegre, Paredes de Coura, Ponte da Barca, Póvoa do Lanhoso, Terras do Bouro, Valença, Viana do Castle, Vila Nova de Cerveira, Vieira do Minho, Vila Verde.
Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé) 4700 - 030 BRAGA
Tel: (+253) 617 604 XNUMX
VIANA DO CASTELO
Av Rocha Paris, nº 103 (Vila Rosa Building) 4900 - 394 VIANA DO CASTELO
Tel: (+258) 809 335 XNUMX
Madeira Consumer Conflict Arbitration Center
Geographic coverage area Contracts signed in the Autonomous Region of Madeira.
Contacts Postal address: Rua Direita nº. 27 - 1st floor - 9050-405 Funchal
Tel: 291 215 070
Center of Arbitration of Conflicts of Consumption of the Valley of the Ave / Arbitral Tribunal
Geographic scope: Contracts signed in the municipalities of Cabeceiras de Basto, Fafe, Felgueiras, Guimarães, Póvoa de Lanhoso, Póvoa de Varzim, Santo Tirso, Trofa, Vila do Conde, Vila Nova de Famalicão, Vizela, Vieira do Minho and Vizela.
Contacts Postal address: Rua Capitão Alfredo Guimarães, n.º 1, 4800-019, Guimarães
Tel: 253 422 410
More information on Consumer Portal www.consumidor.pt