Terms & Conditions
Scope and Object of the General Conditions of the Store
These General Conditions are intended to regulate the terms and conditions under which the online store provided by Agri-Estufas Produtos Agricolas, Lda, with headquarters at Rua Quinta do Pinheirinho 38 2820-477 Charneca Caparica, under the unique registration number and tax identification number 513184635, with a share capital of € 5,000.00, hereinafter referred to as “Agri-Estufas, Lda”, will be provided.
The Service consists of providing access, through the address www.agriestufas.pt, to the online store which, in addition to providing information on a range of products and/or services, allows the User to electronically order the products advertised therein, under the terms and conditions described here.
Orders for products must be made by Users aged 18 (eighteen) years or older (individuals under this age must have the authorization of their legal representatives). The elements and information transmitted by the User will have full legal effect, with the User acknowledging electronic purchases and not being able to claim lack of a signature for failure to comply with assumed obligations.
Product Information and Content
Agri-Estufas, Lda, will make every effort to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur. If a product is purchased with different characteristics than those presented online, the user has the right to terminate the purchase contract under the applicable legal terms (right of withdrawal – see point 9).
Agri-Estufas, Lda, will make every effort to send all products ordered, but it is possible that, in certain cases and due to causes beyond Agri-Estufas, Lda’s control, such as human errors or incidents in computer systems, it may not be possible to provide some of the products requested by the User. If a product is not available after ordering, the User will be notified by email or telephone. At that time, the User will be given the opportunity to cancel the order with the respective refund, if payment has already been made.
All information on price, products, specifications, promotional actions, and services may be changed at any time by Agri-Estufas, Lda.
Responsibilities
All products and services sold in the online store are in accordance with Portuguese law.
The online store has the appropriate levels of security; however, Agri-Estufas, Lda, will not be liable for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications that are beyond its control, particularly any deficiencies or faults caused by the communications network or communication services provided by third parties, by the computer system, by modems, by connection software, or any viruses or the downloading of infected files or files containing viruses or other properties that may affect the User’s equipment. If, for any reason, there is an error in accessing the online store website resulting in the impossibility of providing the service, Agri-Estufas, Lda, will not be liable for any damages.
Data and information consultations made within the scope of this Service are presumed to be made by the User, with Agri-Estufas, Lda, declining any responsibility resulting from abusive or fraudulent use of the information obtained.
Agri-Estufas, Lda, will not be liable for any losses or damages caused by abusive use of the Service that cannot be directly attributed to it due to intent or gross negligence.
Agri-Estufas, Lda, is not liable for losses or damages resulting from non-compliance or defective compliance with the Service when it cannot be directly or indirectly attributed to it due to intent or gross negligence, including but not limited to (a) errors, omissions, or other inaccuracies regarding the information provided through the Service; (b) damages caused by the User or third parties, including violations of intellectual property, (c) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities, or (d) non-compliance or defective compliance resulting from the occurrence of force majeure situations, i.e., extraordinary or unforeseeable events, external to Agri-Estufas, Lda, and beyond its control, such as fires, power cuts, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods, or other natural disasters or other situations beyond Agri-Estufas, Lda’s control that prevent or hinder the fulfillment of assumed obligations.
Agri-Estufas, Lda, does not guarantee that:
a) The Service will be provided uninterruptedly, securely, without errors, or will function infinitely;
b) The quality of any product, service, information, or any other material purchased or obtained through the Service will meet the User’s expectations regarding the same;
c) Any material obtained in any way through the use of the Service is used at the User’s own risk, and the User is solely responsible for any damage caused to their system and computer equipment or any loss of data resulting from that operation.
d) Any advice or information, whether oral or written, obtained by the User from or through the Service will create any warranties not expressly stated in these General Conditions.
The User acknowledges that Agri-Estufas, Lda, cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised by Agri-Estufas, Lda, about the possibility of such damages) resulting from:
a) The use or inability to use the Service;
b) The difficulty of obtaining any substitute goods/services;
c) Unauthorized access or modification to personal databases.
Consumer Obligations
The user undertakes to:
a) Provide correct personal data and addresses;
b) Not use false identities;
c) Respect the ordering limits imposed.
If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and Agri-Estufas, Lda, disclaims any liability. In the event of the consumer violating any of these obligations, Agri-Estufas, Lda, reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Agri-Estufas, Lda, to the same User; and also not allow the User’s future access to any or all services provided by Agri-Estufas, Lda.
Privacy and Personal Data Protection
Agri-Estufas, Lda, guarantees the confidentiality of all data provided by Users.
The personal data identified in the order form as being compulsory are essential for the provision of the Service by Agri-Estufas, Lda. The omission or inaccuracy of the data provided by the User is solely and entirely the User’s responsibility and may result in the refusal to provide the Service by Agri-Estufas, Lda.
The User’s personal data will be processed and stored electronically and are intended to be used by Agri-Estufas, Lda, within the contractual and/or commercial relationship with the User.
In accordance with applicable legislation, the User is guaranteed, without additional charges, the right of access, rectification, and updating of their personal data, directly or upon written request, as well as the right to object to the use of the same for the purposes outlined in the previous paragraph, by contacting the entity responsible for processing personal data: Agri-Estufas, Lda
The Internet is an open network, so the User’s personal data, other personal information, and all content hosted on the Service may circulate on the network without security conditions, including the risk of being accessible and used by unauthorized third parties. Agri-Estufas, Lda, cannot be held responsible for this access and/or use.
Order Deliveries
The delivery of purchases made online is made to the address indicated by the user.
After making a purchase, Agri-Estufas, Lda, undertakes to send the product(s) purchased by the user via the carrier within an average of 72 business hours from payment confirmation, subject to stock availability. Agri-Estufas, Lda, cannot be held responsible if the order is not fulfilled within this timeframe for any reason.
Deliveries are made on business days. Depending on the product(s) purchased, the feasibility of scheduling delivery on Saturdays may be checked, with the possibility of this service incurring an additional cost, which will be duly indicated to the user.
If the purchased product(s) are not in stock, Agri-Estufas, Lda, will contact the user by email or telephone within 72 business hours from payment confirmation to inform them of the new delivery timeframe. If the product(s) are unavailable, Agri-Estufas, Lda, may suggest to the user the choice of a product with equivalent quality and price as a replacement. In case of user refusal, Agri-Estufas, Lda, will refund the paid amount.
If Agri-Estufas, Lda, does not provide the user with the purchased product(s) within 30 days from the purchase validation, the user may cancel the order, granting them the right to cancellation and a refund of the paid amount.
Order Cancellations
At the User’s Request
The user may cancel their order directly in the online store or by requesting it from Agri-Estufas, Lda, by phone or email, stating the order number, which will be accepted as long as it has not been processed. After processing, Agri-Estufas, Lda, will attempt to deliver the order, but the User has the option to not accept it.
For cancellation purposes, the user must provide the following information to Agri-Estufas, Lda:
i) Order number
ii) Name and taxpayer identification number (NIF) with which the order was placed and delivery address
By Decision of Agri-Estufas, Lda
Agri-Estufas, Lda, reserves the right not to process orders in case of inconsistency in the personal data provided or if misconduct is observed from the buyer. Agri-Estufas, Lda, reserves the right not to process any order or refund in case of errors in the values and/or characteristics of the products, resulting from technical problems or errors beyond Agri-Estufas, Lda’s control.
Any withdrawal from the purchase by the User outside the terms provided by current legislation, including exercising the right of withdrawal, or unavailability of stock, implies the loss, by the User, of the amount paid.
Prices
All prices shown in the online store include VAT at the legal rate in force at the time of purchase and will be added with the respective shipping costs where applicable.
The price of products, VAT value, and transportation costs are all properly detailed before the final validation of the purchase, and the total may change when the nature of the product does not allow for calculation before the contract is concluded.
Any other costs resulting from sending orders abroad, including customs clearance costs, will be the sole responsibility of the buyer.
Payment Methods
For payment of purchases made in the online store, the customer may use the following means:
a) Visa and MasterCard
b) Multibanco
c) PayPal
d) MB Way
e) Bank transfer
Return (Right of Withdrawal)
The User, in the case of being a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day the consumer acquires physical possession of the goods.
To exercise this right, the User may use the template indicated below, providing all their identification details, the subscribed service they intend to terminate, and the subscription date. The communication must be made by letter, by returning the purchased item, or by any other suitable and provable means within the deadline defined above.
Within 14 (fourteen) days from the date of the communication of withdrawal, the consumer must return the goods to Agri-Estufas, Lda, in proper conditions of use.
Withdrawal Template Form (only complete and return this form if you wish to terminate the contract):
- To Agri-Estufas, Lda, Rua Quinta do Pinheirinho 38 2820-477 Charneca Caparica:
- By this I/we () hereby declare () that I/we () withdraw/withdraw from my/our () purchase and sale contract concerning the following goods/to provide the following service () – Requested by (), on () / received on () –
Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only if this form is notified on paper). (*) Strike out what is not relevant.
The packaging must be returned complete as delivered and accompanied by all documentation received, including the following documents: sales invoice and the document proving the product’s reception. The packaging and the indicated documents must be sent to the following address:
Agri-Estufas, Lda
Rua Quinta do Pinheirinho 38
2820-477 Charneca Caparica
If the User chooses other return methods, the respective shipping costs will also be their responsibility.
After receiving the return at Agri-Estufas, Lda, the corresponding amount paid for the order (invoice value) will be refunded to the User. If a promotional discount code was used, that amount will not be refunded, meaning the refund will only be for the amount actually paid.
The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments where the NIB information is provided, the refund is made to the bank account indicated. In other cases, such as credit card payments, the amount is credited to the respective accounts. Otherwise, the refund is made by check to the billing address. The refund is made within 14 days after receiving the will of free resolution and the return of the item.
In case any components of the sold item are missing or if any of them are not in excellent condition, no refund of the price or the costs will be made, with the product being returned to the initial shipping address.
Dispute Resolution
For any dispute arising from the application of these Terms and Conditions, the consumer may resort to Alternative Dispute Resolution Entities that resolve disputes through mediation, conciliation, and arbitration procedures, outside of the courts. The customer has at their disposal:
Lisbon Consumer Conflict Arbitration Center – http://www.centroarbitragemlisboa.pt/
Vale do Ave Consumer Conflict Arbitration Center/Tribunal Arbitral – http://www.triave.pt/
CNIACC – National Center for Information and Arbitration of Consumer Conflicts – http://www.arbitragemdeconsumo.org/
Coimbra Consumer and Arbitration Conflict Center – http://www.centrodearbitragemdecoimbra.com
Algarve Consumer Information, Mediation, and Arbitration Center – http://www.consumoalgarve.pt
Porto Consumer and Arbitration Information Center – http://www.cicap.pt
Online European Dispute Resolution Platform – https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Warranty
All equipment available in the Store is properly certified by competent international entities.
The equipment and accessories have a warranty period defined by the manufacturer, which, by law, is at least 2 (two) years. This period is considered from the date of invoice for the equipment and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (sales invoice) duly completed.
Equipment that has exceeded the manufacturer’s defined period or has defects caused by abnormal wear, improper installation, weather conditions, power surges, negligence, accidents, mishandling, moisture/water infiltration, use of non-original accessories, and technical interventions by unauthorized personnel are considered out of warranty.
If the equipment fails and is covered by the warranty, the User can take it, along with the purchase receipt and/or warranty, to a brand’s technical assistance center.
If the equipment fails and this failure is not covered by the warranty, the User can take it, along with the purchase receipt, to a brand’s technical assistance center.
Intellectual and Industrial Property
Agri-Estufas only uses third-party protected rights (brands, names, logos, or company and service designations) on the website www.agriestufas.pt with the respective authorization from their owners.
All text, comments, work, illustrations, works, and images reproduced or represented on the website www.agriestufas.pt are strictly reserved under copyright and intellectual property rights, worldwide. Consequently, and under the terms of the Intellectual Property Code, only private use is authorized, subject to contrary provisions, including stricter provisions set out in the aforementioned code. Any total or partial reproduction or representation of the site www.agriestufas.pt or all or part of the elements included therein is strictly prohibited.
The company names, trademarks, and distinctive signs reproduced on the website www.agriestufas.pt are protected by the applicable laws on industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the trademark holder.
The Store is a registered website and the Service provided by the website is the responsibility of Agri-Estufas, Lda.
The User acknowledges that the Service contains confidential information and is protected by copyright, industrial property rights, and other applicable legislation.
The User acknowledges that any content in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by copyright and related rights, by laws relating to industrial property, and other laws protecting property. Any use of this content may only occur with the express authorization of the respective holders.
The User undertakes to fully respect the rights referred to in the previous paragraph, particularly refraining from performing any acts that may violate the law or the mentioned rights, such as reproduction, marketing, transmission, or making available to the public of such content or any other unauthorized acts aimed at the same content.
Service Security Conditions
The User undertakes to comply with all applicable legal provisions, namely not to carry out or encourage illicit acts or offenses against good morals, such as indiscriminate sending of unsolicited communications (spamming) in violation of data protection legislation and advertising communications through automated call systems, and observe the rules of Service usage, under penalty of Agri-Estufas, Lda, suspending or deactivating the Service as provided in point 15.
The User expressly acknowledges and accepts that the IP network is a public electronic communications network susceptible to use by multiple users, and as such, subject to computer overload, so Agri-Estufas, Lda, does not guarantee the provision of the Service without interruptions, loss of information or delays.
Agri-Estufas, Lda, also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is supported or force majeure (extraordinary or unforeseeable events outside Agri-Estufas, Lda’s control).
In case of interruption of the Service provision due to unforeseeable overload of the systems on which it is based, Agri-Estufas, Lda, undertakes to restore its operation as soon as possible.
Suspension and Deactivation of the Store Service
Protection of intellectual and industrial property rights. It is recommended to confirm in the terms of service that the website only uses third party protected rights (brands, names, logos, or names of campanies), after the respective authorization from their holders.
15.1. Regardless of any prior or subsequent communication, Agri-Estufas, Lda, may, at any time, and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
16.2. Agri-Estufas, Lda, also reserves the right to suspend or immediately terminate access to the Service in the following cases:
a) When the User does not comply with the terms of use referred to in point 4 and others referred to in the General Conditions;
b) When Agri-Estufas, Lda, ceases access to the Store, upon prior communication with a 15-day notice before the cessation date.
16.3. The suspension or cessation of the Service by Agri-Estufas, Lda, under the terms of the previous paragraphs, does not entitle the User or third parties to any compensation or other compensation, and Agri-Estufas, Lda, cannot be held liable or burdened in any way for any consequences resulting from the suspension, cancellation, or termination of the Service.
16.4. In the situations described above, Agri-Estufas, Lda, will notify the User in advance so that he can, if he wishes, safeguard the content of his order viewing area within 3 (three) working days from the email dispatch or provision of information on the Service’s homepage.
Communications
17.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be sent to the User’s email address, via SMS or telephone contact.
17.2. The User agrees to receive any and all communications and/or notifications related to the online Store at the address, contact phone number, and/or email address (“email”) provided in the ordering process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the option “Do not receive the Newsletter” included in each Newsletter.
Technical Settings
18.1. Without prejudice to the provisions of the following number, Agri-Estufas, Lda, may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and must inform the User of such changes at least 15 (fifteen) days in advance.
18.2. The current version of these General Conditions and their annexes is available on the website www.agriestufas.pt.
Complaints
19.1. The User can submit any contractual disputes to arbitration and mediation mechanisms that are or become legally established, as well as file complaints with Agri-Estufas, Lda, for acts and omissions that violate the applicable legal provisions for the purchase of goods.
19.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the User’s knowledge of the facts, and will be recorded in Agri-Estufas, Lda’s information systems, who must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, counted from the date of its receipt.
Applicable Law
The Contract is governed by Portuguese law.
