Terms and conditions

Terms and conditions

General Conditions of Sale

The current document includes the General Conditions of Sale that regulate online purchases made on the Vieira Pinheiro, Unipessoal Lda website, owned by Vieira Pinheiro, Unipessoal Lda, with registered offices at Rua do Outeiro, 1375 – 4760-317 Vila Nova de Famalicão, Braga, Portugal, with tax identification number (NIF) 515 935 662.

The products and services purchased on the site are sold directly by Vieira Pinheiro, Unipessoal Lda. For any additional information you can contact Vieira Pinheiro, Unipessoal Lda. by telephone on +351 252 218 219 (national landline) or by e-mail to the e-mail address geral@terraninho.com.

Vieira Pinheiro, Unipessoal Lda. suggests that you read these General Conditions of Sale carefully before making any purchase through its Website.

A)DEFINITIONS

a.1) Customer: the Consumer as defined below.

a.2) Consumer: any natural person, of legal age or able to act under the law, to whom goods are supplied, services are rendered, any rights are transferred or who places an order on the Vieira Pinheiro Website for non-professional use by a person engaged in an economic activity aimed at obtaining benefits.

a.3) Seller: Vieira Pinheiro, Unipessoal Lda., with registered offices at Rua do Outeiro, 1375 – 4760-317 Vila Nova de Famalicão, Braga, Portugal, with tax identification number (NIF) 515 935 662, as owner of the Site and supplier of the online sales products.

a.4) Price: the commercial compensation indicated in the order confirmation, including VAT.

a.5) Order confirmation: notice sent to the Customer by e-mail, in which the definitive details relating to the purchase contract established between the Seller and the Customer are provided.

a.6) Product(s): the product(s) in the electronic catalog published on the website, as described in the respective product sheets and indicated in detail in the order confirmation.

1. B) TRADE POLICY – SCOPE

The mission is to promote and sell Vieira Pinheiro, Unipessoal Lda. products, particularly in relation to B2C (Business to Consumer) commerce with private consumers. As part of its commercial policy, the Seller reserves the right not to process orders from individuals other than the Customer or if the orders do not comply with the commercial policy.

The current Conditions of Sale exclusively regulate the offer, transmission and acceptance of product orders between the Customer and the Seller via the Website (“Conditions of Sale”).

The Conditions of Sale do not regulate the provision of services or the sale of products by persons other than the Seller who are present on the Site through any links, banners or other hyperlinks. Whenever you place an order to purchase products and/or services from individuals other than the Seller, we suggest that you check their terms of sale. The Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce transactions between users and third parties.

These Conditions of Sale are published on the site home page and can be consulted by the Customer at any time, before and during the order placement procedure, and must be expressly accepted in order to proceed with the order.

1. C) HOW TO FINALIZE THE CONTRACT WITH THE SELLER

In order to conclude the contract for the purchase of one or more Products on the Website, the Customer must complete the order form in electronic format, taking care to correctly enter the necessary data in said form, and send it electronically to the Seller, following the instructions indicated on the Website. If you have any questions, please ask the Seller for further information.

In order to conclude the purchase contract, registration on the Site is required: the Customer must create an account (personal profile) by filling in the forms on the Site, taking care to correctly enter their personal data in the electronic registration form, so that they can proceed more easily with the purchase, as well as future purchases, without having to fill in the entire form again.

The Customer, in any case, assumes responsibility for the accuracy and correctness of the personal data entered and sent to the Seller when registering and sending the order form. It is understood that any damage/delay/disturbance relating to and/or attributable to the non-correctness and/or non-veracity of the personal data entered at the time of registration and/or subsequently amended may in no case be attributed to the Seller.

Before proceeding with the purchase of products via the order form, the Customer is required to carefully read the General Conditions of Sale and the General Conditions of Use, as well as print and/or save a copy for possible future use. In particular, before completing the online purchase procedure and payment, the Customer will be invited to consult and accept these Conditions of Sale, as well as to print or save an electronic copy, and also to keep these Conditions of Sale.

The contract is concluded when, following the Customer’s verification of the order data, the Seller receives the corresponding order form electronically.

By submitting the order form, the Customer fully accepts and undertakes to honor the terms of sale with the Seller. If the Customer does not agree with any of the terms indicated, he is invited not to send the order form for the purchase of products on the Site.

By submitting the order form, the Customer confirms that they are aware of and also accept the subsequent information contained on the website, in the General Conditions of Use and in the information on the processing of personal data.

The order form will be stored in the Seller’s database for the period of time necessary to process the order and also in accordance with the law.

The language available to the Customer to conclude the contract with the Seller is Portuguese.

Product prices may be subject to updates. The Customer is obliged to check the final sale price before downloading the relevant order form.

After the conclusion of the contract, the Seller will take charge of the corresponding purchase order.

The Seller may not process purchase orders sent by the Customer that do not offer sufficient guarantees of solvency or if the Customer’s data is incomplete or incorrect. In these cases, the Seller will inform the Customer by email of the non-completion of the contract, stating the reasons why it was not possible to proceed with the order.

In general, all items on the site are available immediately. However, under no circumstances may the Seller be held responsible for the temporary unavailability of one or more products. In the case of specific products presented on the site that are no longer available or on sale, after sending the order form, the Seller must inform the Customer of said unavailability before Confirming the order. Except as stipulated below (see the “Right of withdrawal” section), the sending of the order form by the Customer serves as acceptance, even in the event of partial delivery, limited to the products available within the scope of the products ordered, as well as a waiver to receive compensation and/or indemnity in this regard. If the Customer has already paid for the entire order, the Seller will reimburse the part corresponding to the unavailable products, in accordance with the reimbursement method described (see section “Reimbursement times and methods”).

After finalizing the contract, the Seller will send the Customer, to the email address and in the language indicated on the order form, a confirmation of shipment of the order, summarizing the information contained in the form. This document is not the Order Confirmation, which will be sent later, when the Products are actually dispatched.

When the products listed on the order form are actually dispatched, the Seller will send the Customer an Order Confirmation to the email address and in the language indicated. This document will contain the list of products actually purchased, accompanied by their main characteristics, including those relating to the price including VAT.

1. D) WARRANTY AND AFTER -SALES SERVICES

The products offered on the Vieira Pinheiro, Unipessoal Lda. website are exclusively high-quality products.

The essential characteristics of the products are indicated on the Site, on the Product Details page. However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used. It is therefore understood that, according to the respective indications on the label, the Customer may not make any claim in contacts with the Seller if the Product delivered does not match the image of the Product shown on the Site in terms of colors/shape/dimensions. The Seller reserves the right to change the design of the Product at any time.

The Seller pays the utmost attention to respecting the description presented on the website in relation to what is indicated on the label on the products. In any case, we point out that if differences are found, the label and the indications for use of the Product supplied by the Supplier shall prevail.

When the purchased Product is delivered by post, the Customer is asked to check that the number of packages delivered corresponds to that indicated on the transport document, that the packaging is intact, not wet or unmodified, as well as the packaging materials. Upon receipt of the Products, the Customer must:

– ensure that the packaging is intact. If this is not the case, you must NOT remove the Products, you must make a photographic record of it and you must return it to the post office. When this occurs, the Customer must immediately communicate with the Seller and send the relevant photographic record in order to promptly resend the purchased goods;

– sign the document of receipt presented by post, always entering the phrase “ACCEPTED UNDER RESERVATION”. This will make it easier and quicker to obtain any refunds for damage attributable to transportation;

– photograph the packaging – if the Products received are damaged or incomplete/inaccurate – on the outside and inside. In the event of a refund request, the Seller may request such material to verify the problem.

After signing the courier document, the Customer will not be able to present any dispute about the external characteristics of the products delivered and the risk of loss or damage to the Products will be transferred, for all intents and purposes, to the Customer.

The Seller is liable to the consumer for any defect existing at the time of delivery of the product and sometimes hidden. The Customer may request activation of the warranty via the Vieira Pinheiro, Unipessoal Lda. website or by telephone (252 218 219 (national landline)) within 14 calendar days of receiving the products (for obvious defects) or discovering the defect (for hidden defects), specifying the reason “warranty for non-conforming product”, the order code and the reason for the complaint. After verifying the above, the Seller will inform the Customer of the procedure for repairing or replacing the product under warranty.

The Seller shall not be liable or obliged to compensate for indirect, immaterial or collateral damages, including (without limitation): loss of profits, loss of income, production limitations, administrative or personal costs, loss of customers or legal actions by third parties. The warranty in question is valid only for products purchased by a Customer residing within Portuguese territory.

The Guarantee of product conformity is reserved for the website’s Customers. It only applies to users who made purchases on the Site outside of their business, commercial, craft or professional activities. People who have purchased on the Website and who do not qualify as Customers will be covered by the warranty for defects in the item sold, the warranty for defects of agreed and essential quality and other warranties provided for in the civil code, in the respective terms, prescriptions and limitations. Any failures or malfunctions determined by accidental facts or the responsibility of the user, or by use of the product not in accordance with its intended use and/or in relation to what is stipulated in the instructions for use, are excluded from the scope of the Product Conformity Guarantee. use of the product, and in cases where the products are not kept in unsuitable locations or exposed to bad weather, dirt or contaminating agents.

1. E) ORDER CANCELLATION

Notwithstanding the terms of free resolution, it is possible to cancel orders that have not yet been processed (marked with a status of “in processing” or “awaiting payment”) by contacting Customer Service via email to the address e-mail geral@terraninho.com or by telephone at 252 218 219 (call to national landline network).

It is not possible to cancel an order once the shipping process has started.

In the event that, at the time of canceling an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to carry out the refund procedure (as described in the “Refund times and method” section).

1. F) PAYMENTS

Seller will only accept payments in Euros.

To pay the price of the products and the respective shipping and delivery costs, the Customer may use one of the methods indicated in the order form.

In the case of payment by credit card, the entire payment procedure will be managed in complete security, and the Seller will not be in possession of any sensitive information (for example, the full credit/debit card number or the security code).

The description must contain the order code informed by the Website in the Order Confirmation email, a process that can take up to 3 (three) business days.

The transfer must be made within 6 (six) days after sending the order form. After this period, the Seller cannot guarantee the availability of the ordered goods.

1. G) SHIPPING AND DELIVERY OF PRODUCTS

The Seller sends the products to mainland Portugal through transport companies, firstly by express mail. Delivery will take place, via express mail, within 2-5 working days (or from Monday to Friday) throughout the country, with the exception of the islands, through CTT, upon receipt of the order form. In any case, the Seller reserves the right to deliver the ordered products within a maximum period of 30 days from the Order Confirmation email.

The Seller undertakes to do everything necessary to respect the delivery deadlines indicated above, but may not, under any circumstances, be held liable for any damage or inconvenience caused by any delays.

The cost of any shipping associated with an order varies based on the following parameters: the destination location and the total weight of the Products purchased in a single order, and will be indicated during the order shipping procedure in the Order Confirmation.

All costs mentioned include VAT, in accordance with applicable legislation.

The Customer is requested to always control the number and integrity of packages. In the event of an anomaly or damage, the complaint must be made immediately to the carrier, refusing delivery and immediately informing Customer Service of what happened. Replacement and re-delivery costs will be borne entirely by the Seller.

It is understood that delivery via express shipping is carried out at street level, and will be carried out, unless otherwise stated, from Monday to Friday during normal business hours (8:00 am to 7:00 pm), excluding national holidays .

1. H) RIGHT TO FREE RESOLUTION

The Consumer Customer has the right to terminate the purchase contract for any reason, without the need to provide explanations and without any penalty, under the terms and in the manner indicated in subsequent articles. To exercise the right of free withdrawal, the Customer must send the Seller a communication to that effect to Customer Service, within 14 days after the date of receipt of the Products in relation to which the right of free withdrawal is exercised, entering into Contact Customer Service by telephone at 252 218 219 (call to national landline network) or by email at geral@terraninho.com.

Upon receipt of communication of the resolution, the Seller, after verifying compliance with the terms of evaluation of the right to resolution, will send, through Customer Service, a “return opening” email to the Customer, containing the procedure for refund of products (see “free resolution return procedure”).

The Product to be returned must reach the Seller within 14 days after receiving communication of the opening of the return by resolution.

After receiving the products, the Seller will open a refund procedure (see Refunds) if and only if the products were sent in accordance with the predefined terms (in relation to the date, count the postmark or the delivery date on possible courier) and if the products are perfectly intact, in their complete original packaging (product packaging without any damage, containing all auxiliary documentation such as warranty, manuals, etc.) and repackaged in such conditions that they are capable of being placed for sale.

In the event of termination communicated by the Customer in accordance with the method provided for in the previous article, the Seller will reimburse the Customer for all amounts of this last payment, including the costs of delivery of the Products (except for Additional Services), if applicable, within 14 days of receipt of the termination communication sent by the Consumer Customer. Shipping costs are to be borne by the Customer. The Seller offers the possibility of collecting the product by express courier, directly from the address indicated by the Customer, at a cost of €10.00, which will be deducted from the total amount of the refund. Shipping, after confirmation of receipt at the store indicated by the Seller, is the sole responsibility of the Customer. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not caused by transport. If the packaging and/or original packaging is damaged, the Seller will deduct from the refund due a percentage equal to the respective loss in value of the Product.

Regardless of the correspondence between the recipient of the Products indicated in the order form and the one who made the payment, the refund of the amount will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or the holder of the current account from which the bank transfer used for the purchase was made). The Seller, also in accordance with the Consumer Code, reserves the right to withhold the refund until it has received the Products to be refunded or if the Customer does not provide proof of sending the Products.

It is understood that the Right to Free Resolution is exercised correctly when the following conditions are fully respected:

– the email containing the request for evaluation of the right to free resolution has the request code;

– the products relating to the order in which the right of free withdrawal is exercised are sent to the Seller in a single shipment. The Seller reserves the right not to accept products from an order sent and dispatched at different times.

In relation to the characteristics of the Products, the possibility for the Customer to exercise the right of withdrawal in the following cases is excluded:

– use and/or opening, even partially, of the Product and/or its packaging;

– damage to the Product due to causes unrelated to its transportation.

In this case, if they are sent to the Seller, the Products remain deposited in the Seller’s warehouse at the Customer’s disposal, to be collected at their own risk and expense.

1. I) RETURNS

The return procedure is only opened following a request from the Customer to exercise the right of free withdrawal. In any case, following the Customer’s request, the Seller will verify the effective existence of the necessary conditions for opening a return procedure.

After opening a return procedure, the Seller will send the Customer an email describing how to return the product.

Shipping costs are borne by the customer. The Seller offers the possibility of collecting the product via express mail, directly at the address indicated by the customer. The Customer will be available to send the mail on one business day, at the address indicated.

The returned package must contain a copy of the Order Confirmation sent to the email address provided by the Customer or the delivery note present in the package upon receipt. Under no circumstances will packages be collected cash on delivery or with shipping to be paid.

1. J) TIMES AND METHODS OF REIMBURSEMENT

A refund procedure can be related to two different situations:

j.1) refund of the global value relating to an order for which the right of free resolution was exercised;

j.2) partial refund relating to an order for which the unavailability of one or more products was verified.

Regardless of the payment method used by the Customer, and except when indicated in terms of resolution, the refund is activated by the Seller in the shortest possible time and always within 30 (thirty) days after sending the Order Confirmation (in the case partial refund due to the unavailability of one or more products) and 14 (fourteen) days after receipt of the Free Resolution Communication (in the case of resolution), whenever possible using the same payment channel that was made for the order.

Regardless of the correspondence between the recipient of the products indicated in the order form and whose purchase amount due has been paid, the refund of the amount will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used in the purchase or the holder of the current account from which the bank transfer used for the purchase was made).

1. L) PRIVACY

Information about privacy is found in the information on the processing of Personal Data and in the Privacy Policy, which is an integral part of these Conditions of Sale.

For any other information about the privacy policy, you can send a specific request to the following email address: geral@terraninho.com.

1. M) APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

These Conditions of Sale are regulated by Portuguese legislation and, in particular, by Consumer Law.

1. N) CHANGES AND UPDATES

These Conditions of Sale are amended from time to time, taking into account any legislative changes. The new General Conditions of Sale will come into force on the date they are published on the website. For any conflict that may arise in relation to these Conditions of Sale and the provision of any order respectively verified and presented thereunder, if the Customer is a Consumer, the court of the Customer’s place of residence or domicile will be competent Consumer, if located in Portuguese territory.

The Conditions of Sale are intended for all users who access, use and/or register on the Vieira Pinheiro, Unipessoal Lda website.

Access and use of the website, as well as the purchase of products, presuppose reading, knowledge and acceptance of these General Conditions of Use.

1. O) RIGHT TO FREE RESOLUTION

Vieira Pinheiro, Unipessoal Lda. undertakes to comply with the terms of Decree Law 24/2014, of February 14th.

Vieira Pinheiro, Unipessoal Lda. is a member of the Vale do Ave Information, Mediation and Arbitration Center. In the event of a dispute, the consumer can appeal to this Dispute Resolution Entity. More information on the Consumer Portal www.consumidor.pt.

Updated on December 27, 2021