CONDITIONS AND GENERAL TERMS OF SALE
1. INTRODUCTION
This document (together with the documents mentioned therein) sets out the
conditions governing the use of this Website ( www.devotionportugal.com ) and
the purchase of articles through it (hereinafter referred to as the “Conditions”).
We recommend that the user carefully reads the conditions, our Cookies Policy and
our Privacy Policy (hereinafter referred to collectively as “Data Protection Policies”)
before using this Website. The use of this Website, and the execution of any order
through it, implies acceptance of these Conditions and our Data Protection Policies.
If you do not agree with all of the Conditions and with the Data Protection Policy, do
not use this Website.
These Conditions are subject to change without notice. It is your responsibility to
consult them and read them periodically, since the conditions in force at the time of
formalization of the relevant Agreement (in the terms defined below) or the
conditions of use of this Website will be those applicable at all times.
If the user has any questions regarding the Conditions or the Data Protection
Policies, he can contact our services through the contact form.
The Agreement (under the terms defined below) may be executed, at the user's
option, in any of the languages in which the Conditions for formalizing it on this
Website are available.
2. COMPANY INFORMATION
The sale of articles through this Website is carried out under the name of
Directdialogue , Lda , a company based at Rua Tenente Valadim, Lote 3, 1º
andar, 2410-190 Leiria - Portugal , registered at the Commercial Registry of Leiria
with the activity of Olive Oil Wholesale Trade (CAE 46332 ) and with taxpayer
number 510693229 .
3. YOUR DATA AND YOUR VISIT TO THIS WEBSITE
The information or personal details provided by you will be processed in accordance
with our Data Protection Policies. By using this Website, the user accepts the
processing of information and data, and certifies the veracity and correctness of the
information and details provided.
4. USE OF THE WEBSITE Devotion
– Made in Portugal
By using this Website, and by placing orders through it, the user undertakes to:
i. Use this Website only to make inquiries and make legally valid orders.
ii . Do not place false or fraudulent orders. In the event that we reasonably find that
an order of a fraudulent nature has been made, we will be authorized to proceed with
its cancellation and to inform the relevant authorities.
iii . The e-mail address, postal address and/or any other contact details must be true
and exact. The user accepts that Devotion – Made in Portugal may make use of this
information to contact him if necessary (see our Privacy Policy).
Devotion – Made in Portugal with all the required information , you will not be able to
place your order.
By placing an order on this Website, the user declares that he is of legal age and
legally eligible to enter into contracts of this nature.
5. SERVICE AVAILABILITY
Items featured on this site are available for delivery worldwide . For more
information on shipping to other destinations, please contact us.
6. FORMALIZATION OF THE CONTRACT
The information contained in these Conditions and the details contained in this
Website do not constitute an offer to sell, but an invitation to negotiate. In no case
will there be any contract between Devotion – Made in Portugal and the user in relation
to any product, until your request is expressly accepted by our services. If your offer
is not accepted, and the amount corresponding to the order has already been
debited from your account, Devotion – Made in Portugal will issue a full refund.
To place an order, you must follow the online purchase procedure and click on
"Authorize Payment", after which you will receive an email confirming receipt of your
order (the "Order Confirmation"). Please note that this does not mean that your order
has been accepted, as it constitutes an offer by the user to purchase one or more
items from our website. All orders are subject to approval by Devotion – Made in
Portugal , and you will be sent an email confirming the shipment of your order (the
"Shipment Confirmation"). The contract between Devotion – Made in Portugal and the
user for the purchase of an item (the "Contract") will only be considered formalized
after sending the Shipment Confirmation.
Only the items indicated in the Shipment Confirmation are subject to the terms of the
Agreement. Devotion – Made in Portugal is not obliged to provide the user with any
other item that has not been ordered, until it is confirmed that they have been sent
through the Shipment Confirmation.
7. AVAILABILITY OF ARTICLES
All article orders are subject to availability. Thus, in the event of difficulties in
supplying some items, or in the event that there is no item in stock, Devotion – Made in
Portugal reserves the right to provide you with information on substitute items of
similar or superior quality to complement the your request. If you do not wish to order
any of the replacement items, Devotion – Made in Portugal will refund the amount paid
corresponding to the unavailable items.
8. REFUSAL TO PROCESS AN ORDER
Devotion – Made in Portugal reserves the right to withdraw any article from this
Website at any time, and to withdraw or modify any material or content therein.
Although Devotion – Made in Portugal always tries to do everything possible to process
all orders, there may be exceptional circumstances that force us to refuse to process
any order after we have sent the Order Confirmation, which we reserve the right to
do in anytime.
Devotion – Made in Portugal declines any responsibility towards the user or any third
party for the withdrawal of any article or content from this Website, or for the failure
to process an order once the Order Confirmation has been sent.
9. DELIVERY
Without prejudice to clause 7 above regarding the availability of articles, and except
for any extraordinary circumstances, Devotion – Made in Portugal will make every effort
to send the order consisting of the article(s) mentioned in each Order Confirmation
before the date indicated in the respective Order Confirmation, or, if there is no
specified delivery date, within the period mentioned when selecting the delivery
method and, in any case, within a maximum period of 30 days from the Confirmation
date. of the Order.
However, there may be reasons for the delay in delivery, such as, for example, the
personalization of the items, or the occurrence of unforeseen circumstances or the
delivery area.
If for any reason it is not possible for us to comply with the delivery date established,
the user will be informed of this circumstance, offering him the possibility of
proceeding with the purchase, selecting a new date for the delivery of the order, or
canceling it, with full refund of the amount paid. The user must bear in mind that
Devotion – Made in Portugal does not deliver on Saturdays and Sundays.
For the purposes of these Conditions, it is considered that the "delivery" has taken
place or that the order has been "delivered" when the user or a third party indicated
by him takes physical possession of the articles, which will be proven by the
signature of the Order receipt, at the specified delivery address.
10. INABILITY TO DELIVER AN ORDER
If your order cannot be delivered to the indicated address, it will remain at the
indicated CTT post for 5 working days. After 5 working days, the order will be
returned to us. The resending of the same will be pending payment of a new
shipping fee.
If after 30 days have elapsed from the availability of your order for delivery, we have
not been able to deliver the order for reasons not attributable to our services,
Devotion – Made in Portugal will assume that you wish to cancel the Contract, which will
be terminated. Upon termination of the Contract, we will refund all payments
received in connection with the Contract, including delivery costs (excluding any
additional costs arising from your choice of any other means of delivery than the
ordinary delivery offered by Devotion – Made in Portugal without any undue delay, and
in any case, within 14 days from the date of termination of this Agreement.
Devotion – Made in Portugal reserves the right to refuse to send on charge to users who
frequently do not collect them without prior notice.
Please bear in mind that transportation arising from the termination of the Contract
may incur additional costs, which we are authorized to charge you.
11. TRANSMISSION OF RISK AND OWNERSHIP OF ARTICLES
The risk of the article will be the responsibility of the user from the moment of
delivery of the articles.
The user will own the products from the moment Devotion – Made in Portugal has
received full payment of all amounts due in relation to the article, including delivery
costs, or at the time of delivery (as defined in clause 9 above), if it takes place at a
later date.
12. PURCHASE OF ITEMS AS A GUEST
The feature of purchasing items as a guest is also available on our website. When
choosing this type of purchase, you will only be required to provide essential data to
process your order. Upon completing the purchase process, you will be offered the
opportunity to register as a user, or to continue as an unregistered user.
13. VALUE ADDED TAX (VAT)
In accordance with current legislation, all purchases made through this Website are
subject to Value Added Tax (VAT), except in the case of items to be delivered
directly to customers residing in the Canary Islands, Ceuta and Melilla.
Therefore, and in accordance with Chapter I of Section V of the European Directive
2006/112/EC of 28 November 2006, on the common system of value added tax, the
place of supply of the articles will be considered as belonging to the Member State of
the delivery address of the articles, the respective VAT being applied at the rate in
force in the Member State where the articles will be delivered, according to the order
made.
In accordance with the legislation and regulations in force in each jurisdiction, the
rule of "reverse charge - reverse charge -" (article 194 of Directive 2006/112) will
apply to articles supplied in some Member States of the European Union if the
customer is or is required to be a taxable person for VAT purposes. In this case, VAT
will not be applied, subject to confirmation by the recipient that the VAT
corresponding to the items supplied will be the customer's responsibility, in
accordance with the "reverse charge" procedure.
14. PRICE AND PAYMENT
The price of the articles will be stipulated at all times on our website, except in cases
of obvious omission. Although Devotion – Made in Portugal makes every effort to
ensure that the prices indicated on our website are correct, it is possible that errors
may exist. If we detect an error in the price of any of our items that has been ordered
by the user, we will inform you of this circumstance as soon as possible, offering the
user the option of confirming his order at the correct price, or of proceeding with his
cancellation. If we are unable to contact you directly, the order will be deemed to
have been cancelled, and we will refund all amounts paid by you in connection with
the order.
Devotion – Made in Portugal is not obliged to supply any item at the incorrect lower
price, (including after sending the Delivery Confirmation) in the case of an obvious
and unmistakable error, which can be reasonably identified by the user as being a
incorrect price.
The prices shown on our website include VAT, but exclude delivery costs, which will
be added to the total price of the order, as indicated in our Shopping Guide - Delivery
Costs.
Prices can be changed at any time. However, except as noted above, these changes
will not affect orders for which an Order Confirmation has been issued.
Once all the items you want to buy have been selected, they will have been added to
your shopping cart, and the next step will be to process the order and pay it. For this
purpose, the user must follow the steps of the purchase process, filling in or proving
the information required at each step. The user may, during the purchase process
and before paying for the order, modify its details at any time. In the Purchase Guide
you can consult detailed information about the purchase process. If you are a
registered user, you can also consult the record of all your previous orders in the "My
Account" section.
To proceed with the payment of the ordered items, the user can use the cards Visa,
Mastercard , American Express and in addition to PayPal .
To minimize the risk of unauthorized access, the credit card details used for payment
will be encrypted. After receiving the user's request, Devotion – Made in Portugal will
proceed with a pre-authorization on your card, to ensure that it has sufficient funds to
complete the transaction. The order amount will be debited from the user's card
when the order leaves the Devotion – Made in Portugal warehouses .
If the payment method chosen is PayPal , Devotion – Made in Portugal will process the
payment at the time of confirmation of your order.
By clicking on "Authorize Payment", you confirm that the credit card is yours, or that
you are the legitimate owner of the gift card or voucher, if applicable.
Credit cards are subject to authorization by the card issuer. If the payment is not
authorized by the card issuing entity, Devotion – Made in Portugal declines any
responsibility for any delays or failure to deliver the order, and will not be able to
formalize any Contract with the user.
15. EXCHANGE AND RETURNS POLICY
The simplest way to return an item is to do it in our store.
The articles must be in perfect condition and you must present the corresponding
receipt.
If you prefer that we pick up the product at your home, you can request a home
return. After verifying all data, we will send a courier to collect the order within 24
hours (whenever possible). The transport company will contact you to complete the
survey.
Whenever possible, the user must accompany the product to be returned with all
original boxes, instructions/documents and packaging materials.
Seller will inspect the returned product. Any product that has been damaged, that is
not in the same condition in which the user received it or that shows signs of use
beyond the simple opening of the packaging, does not entitle the user to a refund.
The deadline for any return is 15 calendar days from the date of purchase.
Returns at www.devotionportugal.com are always free as long as you choose one
of the available methods: return in our store or request for a return at home, if they
are not items on sale, through the return form available in the "YOUR ACCOUNT /
RETURNS”.
Once the return is approved, you will receive the amount in the same way that your
order was placed.
After approval of the return (the items must be in perfect condition and have the
labels inside), you will receive a confirmation email indicating that the amount will be
deposited in your account within a few days.
Remember that payment to your credit card always depends on your bank.
16. LIABILITY AND EXCLUSION OF LIABILITY
Except in the cases expressly mentioned in these Conditions, our liability in relation
to any item purchased through our Website will be strictly limited to the purchase
price of the item.
Notwithstanding the foregoing, our liability will not be limited or exempted in the
following cases:
i. In the event of death or personal injury caused by our negligence;
ii . In case of fraud or fraudulent intent; or
iii . In any case where it is unlawful or unlawful to exclude, limit or seek to exclude
or limit our liability.
Notwithstanding the aforementioned, and to the extent legally permitted, and unless
otherwise stated in these Conditions, Devotion – Made in Portugal will not accept any
liability for the following losses, regardless of their origin:
i. loss of revenue or sales;
ii . loss of business;
iii . loss of profits or contracts;
iv . loss of anticipated earnings;
v. data loss; and
saw. loss of administration or office hours.
Due to the open nature of this Website, and the possibility of errors in the storage
and transmission of digital information, Devotion – Made in Portugal cannot guarantee
the accuracy and security of the information transmitted or obtained through this
Website, unless expressly stated otherwise. .
All product descriptions, information and materials contained on this Website are
provided "as is", without any express or implied warranties relating thereto, except
as legally established. In this sense, if the contract with Devotion – Made in Portugal is
carried out as a consumer or user, Devotion – Made in Portugal is obliged to supply the
articles in accordance with the conditions stipulated in the Contract, being
responsible to the user for any non-conformity that may exist at the time of delivery.
Items are deemed to be in compliance with the Contract if:
(i) correspond to the description provided and possess the qualities mentioned on
this Website,
( ii ) ( ii ) are suitable for the purpose for which these types of articles are generally
used, and
( iii ) ( iii ) exhibit the normal quality and performance that can be expected in articles
of this type. Within the legal limits allowed, all guarantees are excluded, except those
that cannot legitimately be excluded in favor of consumers and users.
Items sold by Devotion – Made in Portugal , and especially handcrafted items, often
show the characteristics of the natural materials used in their manufacture. These
characteristics, such as variations in grain, texture, knots and color, cannot be
considered in any case as defects or damages. On the contrary, the consumer must
detect their presence and appreciate them. Devotion – Made in Portugal only selects
articles with the best qualities, but natural characteristics are inevitable, and must be
understood as part of the individual appearance of the article.
The provisions of this clause do not affect your rights as a user and consumer, or
your right to withdraw from the Agreement.
17. INTELLECTUAL PROPERTY
The user acknowledges and accepts that all copyrights, trademarks and other
intellectual property rights in the materials or content provided as part of this Website
are the property of Devotion – Made in Portugal , or belong to owners who have granted
to Devotion – Made in Portugal Portugal the necessary license for its use. The use of
said material is only authorized to the extent that it is expressly authorized by
Devotion – Made in Portugal or by its owners. This condition does not prevent the use of
this Website for the necessary copy of the information in your order or in the contact
details.
18. VIRUS, PIRACY AND OTHER COMPUTER ATTACKS
You may not misuse this Website by intentionally introducing a virus, trojan, worm,
logic bomb or any other technologically harmful or harmful software or material. The
user must not attempt unauthorized access to this Website, the server on which it is
hosted, or any server, computer or database related to our Website. The user
undertakes not to attack this Website through any denial of service attack or a denial
of service distribution attack. of service ).
Any failure to comply with the provisions of this clause will be considered an
infringement under the terms defined by applicable law. Devotion – Made in Portugal
will report any breach of this regulation to the corresponding authorities, and will
cooperate with them to determine the identity of the attacker. Likewise, in case of
non-compliance with this clause, the authorization to use this Website will be
immediately suspended.
Devotion – Made in Portugal declines all responsibility for any damages or injuries
resulting from a denial of service attack, virus or any other technologically harmful or
harmful software or material that may affect your computer, IT equipment,
information or materials such as as a result of using this Website, downloading
content from it or from third-party websites to which the user is redirected by this
Website.
19. LINKS TO OUR WEBSITE
If our Website contains links to other Websites and third-party materials, these links
are provided for informational purposes only, so Devotion – Made in Portugal has no
control over the content of these Websites or materials. For this reason, Devotion –
Made in Portugal will not accept any responsibility for damages or injuries resulting
from its use.
20. WRITTEN COMMUNICATION
Applicable legislation and regulations require that part of the information that Devotion
– Made in Portugal sends to the user be communicated in writing. By using this
Website, the user accepts that most of the communication established with Devotion –
Made in Portugal is done electronically. Devotion – Made in Portugal will contact the user
by email or provide information through alerts published on this Website. For
contractual purposes, the user agrees to the use of these electronic means of
communication, and that all contracts, notifications, information and other
communications sent to him electronically by Devotion – Made in Portugal comply with
the legal requirements identical to those of his written communication. This condition
does not affect your legally recognized rights.
21. NOTIFICATIONS
The notifications that the user sends us should preferably be made using our contact
form. Pursuant to clause 21 above, and unless expressly stipulated to the contrary,
Devotion – Made in Portugal may send the user notifications by email or to the postal
address indicated by the same when placing an order.
Notices are deemed to have been received or correctly performed at the time of their
publication on our Website, 24 hours after they are sent by email, or after three days
from the date of sending any letter by post. As proof that any notification has been
sent, it will suffice to demonstrate, in the case of a letter, that it was addressed
correctly, with the correct postage and delivered to the post office or deposited in a
post office box, and in the case of an e-mail mail, that the notification was sent to the
email address specified by the recipient.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
This Agreement is binding on Devotion – Made in Portugal and on the user, as well as
on their successors, assignees and heirs.
The user may not transmit, assign, impose or employ any other means to transfer a
Contract, or any of the rights or obligations arising therefrom , without the prior
written consent of Devotion – Made in Portugal .
Devotion – Made in Portugal reserves the right to transfer, assign, impose, subcontract
or transfer by any other means a Contract or any of the rights or obligations arising
therefrom , at any time during the term of the Contract. For the avoidance of doubt,
said transmissions, assignments, impositions or other forms of transfer do not affect
any rights applicable to the user as a consumer that are recognized by current
legislation, nor do they cancel, diminish or limit in any way the tacit and express
guarantees that have been offered Devotion – Made in Portugal .
23. EVENTS OUTSIDE THE CONTROL OF
Devotion – Made in Portugal
Devotion – Made in Portugal declines any responsibility for any failure or delay in
fulfilling any of the obligations assumed under a Contract, whenever they arise from
events beyond the reasonable control of Devotion – Made in Portugal ("Force Majeure").
Force Majeure grounds include any act, event, failure, omission or accident beyond
our reasonable control, including, among other things, the following:
i. Strikes, occupations or other forms of protest.
ii . Civil conflicts, uprisings, invasions, terrorist attacks or threats, war (whether
declared or not) or threats or preparations for war.
iii . Fire, explosion, storms, floods, earthquakes, landslides, epidemics and any
natural disasters.
iv . Impossibility of using trains, ships, air means, motorized transport or other means
of transport, public or private.
v. Impossibility of using public or private telecommunication systems.
saw. Rules, decrees, legislation, regulations or restrictions of any government or
public authority.
vii . Strike, failure or accident in maritime or inland waterway transport, postal
transport or any other type of transport.
It is assumed that Devotion - Made in Portugal obligations arising from the Contracts
will be suspended during the period affected by any Force Majeure causes, and that
Devotion - Made in Portugal will enjoy a period of time for the fulfillment of said
obligations equal to the duration of the Force Majeure situation. Devotion – Made in
Portugal will make all possible efforts to put an end to the Force Majeure situation, or
to find a solution that allows it to satisfy its obligations assumed under the Contract,
despite the Force Majeure reason.
24. WAIVER OF RIGHTS
Failure on the part of the user to comply strictly with its obligations under a Contract
or these Conditions, or failure on our part to exercise the rights or actions that
correspond to us by virtue of this Agreement or these Conditions shall not constitute
in no case a waiver or limitation of said rights or actions, nor do they exempt the user
from the fulfillment of said obligations.
The waiver by us of a specific right or action does not in any case constitute a waiver
of any other rights or actions derived from the Agreement or these Conditions.
Waiver by us of any of these Conditions or of the rights and actions derived from the
Agreement will have no effect, except as expressly stipulated in a waiver of rights,
and formalized and notified to you in accordance with the provisions of the Notices
section above.
25. PARTIAL CANCELLATION
In the event that any of these Conditions or any clause of the Contract is declared
null or void by means of a firm resolution of the corresponding authority, the
remaining terms and conditions will remain in effect without being affected by said
declaration of annulment.
26. ENTIRE CONTRACT
These Conditions, and any document referenced therein, constitute the entirety of
the Contract entered into between Devotion – Made in Portugal and the user with regard
to its purpose, replacing any pacts, agreements or promises previously established
between Devotion – Made in Portugal and the user. , orally or in writing.
Devotion – Made in Portugal and the user mutually agree to enter into this Agreement,
without dependence on any declaration or promise made by the other party or that
may be inferred from any statement or document in the negotiations established
between the two parties prior to said Agreement, except for the expressly mentioned
in these Conditions.
Devotion – Made in Portugal and the user undertake not to take any action in relation to
any false declaration made by the other party, verbally or in writing, prior to the
effective date of the Agreement (except in cases where said statements have been
made fraudulently), and that the only action that the other party may take will be
motivated by the breach of Contract, as provided for in these Conditions.
27. RIGHT TO MODIFY THESE CONDITIONS
Devotion – Made in Portugal reserves the right to review and modify these Conditions at
any time.
The user is subject to the Conditions in effect at the time of using this Website or
placing an order, except in cases where, by legal imperative or by decision of the
governmental authorities, Devotion – Made in Portugal is obliged to carry out
modifications with a retroactive effect of said Policies, Terms or Privacy Statement,
in which case the possible modifications will also affect the requests previously made
by the user.
28. APPLICABLE LAW AND JURISDICTION
The use of this Website and the contracts for the purchase of articles through it will
be governed by Portuguese legislation.
Any dispute arising out of or relating to the use of this Website or said contracts will
be subject to the non-exclusive jurisdiction of the courts of Portugal.
If you enter into this Agreement as a consumer, the content of this clause will not
affect your legal rights recognized by the applicable legislation in force.
29. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send us your
comments and suggestions using our contact form.
We also have complaint forms available to consumers and users, which can be
requested through our contact form. If, as a consumer, you consider that your rights
have been violated, you can address your complaint to the email address
info@devotion.pt , in order to resort to an extrajudicial resolution. In this sense, if
the transaction between you. and our company has been concluded through our
website, we inform you - in accordance with EU Regulation no. disputes online at
http://ec.europa.eu/consumers/odr/.
Last updated on 10/30/2014
Withdrawal form template
(you only need to complete and send this form if you want to withdraw from the
contract)
In the care of Directdialogue , Lda , with the commercial name of Devotion – Made in
Portugal , Rua Tenente Valadim, Lote 3, 1º andar, 2410-190, Leiria - Portugal .
I hereby inform you that I withdraw from my contract of sale of the following property:
Ordered on the day/received on the day (*)
Consumer name:
Consumer address:
Consumer signature (only if this form is on paper)
Date
(*) Delete what does not matter