Online Store Terms and Conditions
1. Scope and Object of the General Conditions of the “Online Store”
These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Store Service "MAINOVA" by the commercial company "MAINOVA - SOCIEDADE AGRÍCOLA, LDA ”, headquartered at Monte da Herdade da Fonte Santa, Estrada Nacional 272 - 1, 7040 - 669 Vimieiro, Vimieiro parish, Arraiolos municipality, under the unique registration and legal person identification number 504 675 630, with a share capital of € 750,000.00, hereinafter referred to as “MAINOVA” or “Loja Online MAINOVA”.
The MAINOVA Online Store consists of providing, through the address www.mainova.pt, access to the Online Store, which provides information on a set of products and allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions herein described.
The ordering of products must be made by Users aged 18 (eighteen) or older. If the order concerns products with alcoholic content, available for sale on the online store, they can only be purchased by people who are of legal age to purchase them, in their country of residence (in case of doubt, please contact us). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and not claiming lack of signature for non-compliance with the obligations assumed.
2. Product and Content Information
MAINOVA will do everything possible so that the information presented does not contain errors, and should they occur and as soon as they are detected, they will be quickly corrected. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution - see point 9).
MAINOVA will endeavor to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by MAINOVA, such as human errors or incidents in the computer systems, it is not possible to make available any of the products requested by the User. If any product is not available after placing the order, you will be notified by email or telephone. At that time you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.
All information on prices, products, specifications, promotional actions and services may be changed at any time by MAINOVA.
3. Responsibilities
3.1 All products sold on the MAINOVA Online Store are in accordance with Portuguese Law.
3.2 The MAINOVA Online Store has adequate security levels and shall not be responsible for any losses suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications originating from factors beyond its control, namely, 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 resulting from downloading through the service infected files or files containing viruses or other properties that may affect the User's equipment. If for any reason of error in accessing the MAINOVA Online Store website, it is impossible to provide a service, MAINOVA shall not be responsible for any losses.
3.3 Queries of data and information carried out within the scope of the Online Store are presumed to have been made by the User, and MAINOVA declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 MAINOVA shall not be responsible for any loss or damage caused by abusive uses of the Online Store that are not directly attributable thereto as a fraud or serious fault.
3.5 MAINOVA is not responsible for losses or damages resulting from non-compliance or defective compliance when this is not directly or indirectly attributable as intent or serious fault, and shall not be responsible for:
i) Errors, omissions or other inaccuracies related to the information available on the Online Store;
ii) Damages caused by the fault of the User or third parties, including violations of intellectual property,
iii) For non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or;
iv) For non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside of MAINOVA and that cannot be controlled thereby, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by MAINOVA that prevent or hinder the compliance with the assumed obligations.
3.6. MAINOVA does not guarantee that:
i) Access to the Online Store is provided uninterruptedly, is safe, without errors or works indefinitely;.
ii) The quality of any product purchased or obtained through the Online Store fulfills any expectations of the User in relation thereto;
iii) Any material obtained in any way through the use of the Online Store is used at the User's own risk, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation.
iv) No advice or information, whether verbal or written, obtained by the User from or through the Online Store shall create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that MAINOVA can in no way be held responsible for any damage, including, but not limited to, damage due to loss of profits, data, content, or any other loss (even if previously notified by the User about the possible occurrence of such damage), resulting from:
i) the use or impossibility of using the Online Store;
ii) unauthorized access or modification to personal databases.
4. Consumer obligations
4.1. The user undertakes:
i) to provide personal data and correct addresses;
ii) not to use false identities;
iii) If any, to respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and MAINOVA declines any responsibility for such fact. In the event that the consumer breaches any of these obligations, MAINOVA reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other products made available simultaneously by MAINOVA to the same User; and, still, not allow the future access of the User to any products made available by MAINOVA.
5. How to order
5.1 Order conditions
In order to order products through the MAINOVA Online Store, you must register online in advance. After registration, you may at any time consult your personal customer area, where you can view and edit personal data, order history or change the access password.
Only orders whose deliveries are requested to Mainland Portugal, the Autonomous Regions of Madeira and the Azores and Europe shall be accepted. Contact us for other destinations.
5.2 Ordering and Confirmation
To purchase a product, simply select the Buy option found next to the product description. If you want to add another product to your order, just repeat this operation by selecting the Buy option for the new product. The order request will be automatically updated.
You can consult or change your order request at any time. You can also, in the cart, change the chosen quantity and/or remove products from your order.
Once you have finished choosing all products, you must confirm your order. In order to finalize the order, you will have to enter your personal details and choose your payment method. In the end, you should carefully check all data in the summary and confirm it one last time. At this point, the order will be finalized. You will be sent an automatic email confirming your purchase intention.
In case of unavailability of the ordered product, MAINOVA will send a communication to the User's email address, and the user can choose to wait for the availability of the product or cancel the order, without any cost or charge to the User.
5.3 Delivery options
When filling in personal data, the user can choose to deliver to an address of his choice.
5.4 Out of stock products
When a product is out of stock, the User has the possibility to subscribe to the stock notification. In this case, when the equipment in question is back in stock, you will receive an email informing that the product is already available, and that you can place your order.
6. Payment and delivery deadlines
6.1. Orders placed through the online store will only be processed after settlement.
6.2. Payment can be made by credit card, MBWay, ATM, PayPall. ATM Payment: can be made at an ATM or Homebanking, with the data provided at the time of purchase (Entity / Reference / Amount). Failure to pay for the order within 2 (two) days following the order date implies automatic order cancellation. In case the payment requested was ATM, the delivery period starts counting after receipt and confirmation of payment at MAINOVA.
6.3. The order will be delivered within an estimated period of up to 2 to 5 working days to the mainland (for orders placed until 11 pm), up to 14 working days for the islands (Autonomous Regions of Madeira and the Azores) and up to 7 working days for Europe and will be delivered between 9 am and 6 pm, on weekdays only, at the address indicated by the User.
6.4. Shipping costs have a variable cost and may be subject to promotional campaigns. Orders for PO Box deliveries are not accepted.
6.5. If the User is not at the address indicated for delivery, he will be contacted for later rescheduling of the delivery of the respective order. If the order is not delivered within a maximum period of one week, it will be returned to MAINOVA. In this case, the customer will be notified to pay for new shipping costs or, alternatively, to pick up the order at MAINOVA's address.
7. Prices
7.1. Prices must be understood in € (Euro), with taxes and fees included depending on the type of product, taking into account the VAT in force at the time of order confirmation. The values mentioned in the shop windows and product sheets correspond to the selling price (SP) on MAINOVA's Online Store.
7.2. If there is a change in the price lists of products for sale on this website outside the MAINOVA Online Store, this situation will require an update of the advertised prices. If this situation occurs with any product of an order, if it implies a price increase, the user will be informed, being able to choose to receive his order (making the difference payment) or to proceed with the cancellation thereof.
7.3. The prices presented in the "checkout" process always correspond to the most updated prices in force, however, they should only be considered valid while they are visible on a refreshed page (cache or non-refreshed pages, they may show prices that are no longer in effect). The price displayed is only guaranteed under these conditions and only after the order is duly registered and paid according to the payment terms contained in these terms and conditions.
7.4. Shipping costs vary according to the weight of the order and delivery location selected by the user. To find out the shipping costs of an order, the user must add the products to the “shopping cart” and proceed to checkout, confirming the amount of the shipping costs.
8. Order Cancellation
8.1 At the request of the User:
The User may cancel his order by requesting it from MAINOVA through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After processing thereof, MAINOVA will try to deliver it, but the User has the option of not accepting it, being in this case responsible for the respective shipping and return costs.
For the purpose of cancellation, the User must provide the following data to MAINOVA:
a) Order number
b) TIN with which the order was placed, order number and delivery address
8.2 By decision of MAINOVA:
MAINOVA reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. MAINOVA reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these arise from technical problems or errors beyond MAINOVA.
9. Return (Right of free termination of contract)
9.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, the User can use the draft indicated below, and must indicate all his identification data, the product purchased whose contract is intended to be resolved and the date of purchase. The communication must be made, by letter, through the return of the acquired good, or by another appropriate and susceptible means of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the products to MAINOVA in the proper conditions.
Draft for free resolution form (you should only complete and return this form if you want to terminate the contract)
- To [insert the name, geographic address and, where appropriate, the fax number and email address of the professional]:
- I/We hereby inform (*) that I/we have resolved (*) my/our (*) purchase and sale contract relating to the following good/for the provision of the following service (*) - Requested on (*) / received in (*) - 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 does not apply.
The packaging and the product must be returned complete, as it was delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document that proves the receipt of the product. The packaging and the indicated documents must be sent to MAINOVA - Sociedade Agrícola, Lda, Monte da Herdade da Fonte Santa, Estrada Nacional 372 - 1, 7040 - 699 Vimieiro. Return shipping costs shall always be the responsibility of the User.
9.2. After receiving the return at MAINOVA, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice, excluding shipping costs).
9.3. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card, it will be credited to the respective account. In all other cases, when IBAN information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receiving the free will resolution and receiving the return of the good.
9.4. In the absence of any of the components of the product sold or, if any of them is not in excellent condition, there will be no refund of the price, with the product being sent back to the original shipping address.
10. Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of MAINOVA.
10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may infringe the law or those rights, such as reproduction, marketing, transmission or making publicly available such content or any other unauthorized acts which have the same content as their object.
11. Suspension and deactivation of the Store Service
11.1. Regardless of any prior or subsequent communication, MAINOVA may, at any time, and in its sole discretion, discontinue the provision of the Online Store, in whole or in part.
11.2. MAINOVA also reserves the right to suspend or terminate access to the Online Store immediately, in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When MAINOVA ceases access to the Store, by giving 15 days prior notice of the termination date.
11.3. The suspension or termination of the Online Store by MAINOVA, under the terms of the previous paragraphs, regardless of the right of the User or third parties to any compensation or other compensation, whereupon MAINOVA cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension , annulment, cancellation of the Online Store.
11.4. In the situations described above, MAINOVA will inform the User, in advance, so that he can, if he wishes, safeguard the contents of his order viewing area within 3 (three) business days from the sending of the email or availability of information on the main page of the Online Store.
12. Communications
12.1. Without prejudice to other forms of communication provided for in these Terms and Conditions, notifications made to the User that relate to the Service, including any changes to these Terms and Conditions, may be made to the User's email address, by SMS or telephone contact.
12.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and / or email address (“email”) indicated in the ordering process.
12.3. 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 Newsletter" registered in each Newsletter.
13. Complaints
13.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to MAINOVA of acts and omissions that infringe the legal provisions applicable to the acquisition of goods, namely in the Arbitration Centres best described in the link on the main page.
13.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the MAINOVA information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
14. Settlement of disputes
14.1. In the event of a consumer dispute, the consumer can use the European Online Dispute Resolution Platform, available at (https://ec.europa.eu/consumers/odr) or the listed alternative consumer dispute settlement entities.
15. Applicable Law
The Contract is governed by Portuguese law.