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Terms and Conditions

 

Please read carefully the terms and conditions before ordering any product. The order of any of our products assumes the acceptance of these terms and conditions.

 

Terms and Conditions of Kabaz Made in Portucale Online Store

General Conditions of the Store

 

These General Terms and Conditions are intended, with the order form, and the other elements referred to in them, to regulate the terms and conditions for which the Kabaz Made in Portucale Online Store ("Service" or "Shop") shall be governed by, with headquarters in Rua da Fontainha, No. 31, 6000-500 Castelo Branco - Portugal, under the single registration and identification number of corporate entity number 514037784, with a share capital of € 1500, hereinafter referred to as Kabaz.

The Service consists of the provision, through the Internet address www.madeinportucale.com, of access to the Online Store, which, in addition to providing information on a set of products and / or services, allows the User to electronically order the products disclosed therein, under the terms and conditions described herein.

The ordering of products must be made by Users aged 18 or over (eighteen) years (individuals under the age must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User's electronic purchases, and cannot claim the lack of signature for breach of the obligations assumed.

 

Product Information and Contents

 

Kabaz Made in Portucale will make every effort to ensure that the information presented is free of typographical errors and will be promptly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, the user has the right to proceed to the dissolution of the purchase agreement in accordance with applicable legal terms (right of free resolution - see paragraph 9).

Kabaz Made in Portucale will make every effort to ship all of the ordered products, but in certain cases and due to causes not easily controlled by Kabaz, such as human errors or incidences in the computer systems, it might not be possible to make available some of the products requested by the User. If any product is not available after the user has placed the order, he/she will be notified by e-mail or by phone. At this point, the user will be presented with the possibility of canceling the order with the corresponding refund, if the user has already made the respective payment.

Kabaz may change all price information, products, specifications, promotional actions and services at any time

 

Responsibilities

3.1 All products and services sold in the Online Store Made in Portucale are in accordance with Portuguese law.

3.2 The Store has adequate security levels, however, Kabaz Made in Portucale shall not be liable for any damages suffered by the User and / or third parties due to delays, interruptions, errors and suspensions of communications that originate in 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 from downloading through the infected files service or containing viruses or other property that may affect the equipment. If for any reason of inaccuracy of access to the Kabaz Made in Portucale Online Store, it is impossible to provide a service, Kabaz Made in Portucale will not be liable for any damages.

3.3 The queries of data and information made within the scope of this Service are presumed to be made by the User, with Kabaz Made in Portucale declining any responsibility arising from the misuse or fraudulent use of the information obtained.

3.4 Kabaz Made in Portucale shall not be liable for any loss or damage caused by abusive uses of the Service that are not directly attributable to it as willful intent or gross negligence.

3.5 Kabaz Made in Portucale shall not be liable for any loss or damage arising out of a breach or defective performance of the Service when it is not directly or indirectly attributable to it as a willful misconduct or gross negligence and shall not be liable in particular for

 (i) Errors, omissions or other inaccuracies relating to information made available through the Service,

(ii) Damages caused by User or third party's fault, including breaches of intellectual property,

(iii) breach or defective performance resulting from compliance with judicial decisions or administrative authorities, or (iv) failure or failure to comply the occurrence of situations of force majeure, that is, situations of an extraordinary or unforeseeable nature, external to Kabaz Made in Portucale and that cannot be controlled, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Kabaz Made in Portucale that prevent or impair the fulfillment of the obligations assumed.

3.6. Kabaz Made in Portucale does not guarantee that:

i) The Service is provided in an uninterrupted manner, is secure, error-free, or operates infinitely;

ii) The quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to it;

iii) Any good obtained in any manner through the use of the Service is used at the risk of the User, who is solely responsible for any damage caused to his system and computer equipment or for any loss of data that results from that operation.

iv) No advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.

3.7. The User agrees that Kabaz Made in Portucale cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting:

i)  Of the use or impossibility of using the Service;

ii) The difficulty of obtaining any substitute of goods / services

iii) Unauthorized access or modification to personal data.

 

               Consumer Obligations

 

4.1. The user pledges to:

i) Provide correct personal information and addresses

ii) Do not use fake identities;

iii) Respect the imposed limits of the orders

 

4.2. If any of the data is incorrect or is insufficient, and therefore there is a delay or impossibility in the processing of the order, or any non-delivery, the responsibility is of the User, and Kabaz Made in Portucale declines any responsibility. In the event that the consumer breaches any of these obligations, Kabaz Made in Portucale reserves the right to terminate future purchases, to block access to the store, to cancel the provision of any other services made available simultaneously by Kabaz Made in Portucale to the same User; and also does not allow the user’s future access to any or any services provided by Kabaz.

4.3. The use of products and services purchased for commercial purposes, especially for the purpose of reselling goods, is expressly prohibited.

 

Privacy and Protection of Personal Data

 

5.1. Kabaz Made in Portucale guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form are of obligatory supply and indispensable to the provision of the Service by Kabaz. The omission or inaccuracy of the data provided by the User is under its sole responsibility, and may give rise to the refusal to provide the Service by Kabaz.

5.3. The personal data of the User will be processed and stored in a computerized manner and are intended to be used by Kabaz Made in Portucale in the contractual and / or commercial relationship with the User, and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND IN AGREEMENT WITH THE OBJECTIVE OF THE COMPANY IN CONCRETE

 

5.4. In accordance with the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update his / her personal data, directly or through a written request, as well as the right to oppose its use for the purposes set forth in the previous section, and for this purpose contact the entity responsible for the processing of personal data: Kabaz.

5.5. The Internet is an open network, therefore the personal data of the User, other personal information and all content hosted on the Service may circulate in the network without security conditions, including the risk of being accessible and used by unauthorized third parties. Kabaz Made in Portucale cannot be held liable for such access and / or use.

 

Cancellation of Orders

6.1 At the User's request

The User may cancel his/her order by requesting it to Kabaz Made in Portucale through the telephone number or email indicating the order number, which will be accepted as long as it has not yet been processed. After processing, Kabaz Made in Portucale will try to deliver it, but the User has the option of not accepting it.

For the purpose of cancellation, the User shall indicate the following data to Kabaz:

a) Order number

b) VAT Number with which you placed the order and delivery address

6.2 By decision of Kabaz

Kabaz Made in Portucale reserves the right not to process orders when it finds any inconsistency in the personal data submitted or to observe misconduct on the part of the buyer. Kabaz Made in Portucale reserves the right not to process any order or reimbursement in the event of errors in the values and / or characteristics of the products, when these result from technical problems or mistakes unrelated to Kabaz.

 

Devolution (Right of Withdrawal)

7.1. The user, in case of being a consumer, may exercise the right of withdrawal with no demand for restitution, in the time limit of 14 days, starting from the day where the consumer acquires the physical possession of the good.

To exercise this right, the user may employ the below minute/draft contract, indicating all their personal identification data, the subscribed service the customer wishes to return and the signup date. The notice should be done, through mail, through the devolution of the acquired good and susceptible proof within the above-mentioned deadline.

The consumer must within the time limit of 14 days starting from the date of the notification of the return of the goods to Kabaz

The package must be returned complete, in the same condition of the delivery moment, along with the all the initial documentation: sales invoice and proof of delivery of product. The package and the documents above mentioned must be sent to the following address, free of charge:

Kabaz Made in Portucale– Art of Flavours, Lda => Kabaz Made in PortucaleArt of Flavours, Ltd

Rua da Fontainha, N.º 31, 6000-500 Castelo Branco – Portugal

If the user opts for other devolution channels, the respective costs (e.g shipping) fall under the consumer’s responsibility.

 

7.2. After the receipt of the returned good at Kabaz, the respective monetary amount paid for the package (the value in the sales invoice)

7.3. The refund method for the returned amount depends on the payment method used in your order. In the case of payments with credit card and PayPal, these are credited to their accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. Reimbursement is made up to 14 days after receipt of the wish free resolution and receipt of return of the property.

7.4. In the absence of any of the components of the item sold, or if any of them are not in an excellent state, there shall be no refund of the price or shipping costs and the product will be returned to the original shipping address.

 

Intellectual Property

8.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Kabaz Made in Portucale - Art of Flavors

8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

8.3. The User acknowledges that any content appearing in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners.

8.4. The User pledges to respect in full the rights referred to in the previous number, namely to refrain from any acts that may violate the law or said rights, such as reproduction, marketing, transmission or placement to the public's disposal of such content or any other unauthorized acts that have as their object the same contents.

 

Service Security Conditions

9.1. The User pledges to observe all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or offensive of the good habits, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the legislation applicable to the processing of personal data and to the advertising communications by means of automatic calling devices, and shall also observe the rules of use of the Service, otherwise Kabaz Made in Portucalemay suspend or deactivate the Service in accordance with paragraph 14.

9.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by several users and therefore subject to computer overload, and therefore Kabaz Made in Portucale does not guarantee the provision of the Service without interruption, loss of information or delays.

9.3. Kabaz Made in Portucalealso does not guarantee the provision of the Service in situations of unpredictable overload of the systems in which it is supported or of situations of an extraordinary or unforeseeable nature, external to Kabaz Made in Portucale and which cannot be controlled by Kabaz.

9.4. In the event of interruption of the provision of the Service due to unpredictable overload of the systems in which it is supported, Kabaz Made in Portucale undertakes to regularize its operation as soon as possible.

 

Store Service Suspension and Deactivation

10.1. Regardless of any prior or subsequent communication, Kabaz Made in Portucale may, at any time and in its sole discretion, discontinue the provision of the Service and / or part of the Service to any or all Users.

10.2. A Kabaz Made in Portucale reserves the right to suspend or immediately terminate access to the Service in the following cases:

a) When the User does not observe the conditions of use referred to in point four and others referred to in the General Conditions;

b) When Kabaz Made in Portucale ceases access to the Store, with a prior notice of 15 days in advance of the date of termination.

10.3. The suspension or termination of the Service by Kabaz Made in Portucale under the terms of the previous numbers does not matter the right of the User or third parties to any compensation or other compensation, and Kabaz Made in Portucale cannot be held liable or in any way burdened by any consequence resulting from the suspension, cancellation of the Service.

10.4. In the situations described above, Kabaz Made in Portucale will communicate to the User, in advance so that he/she may, in order to safeguard the contents of his / her area of view of orders within three (3) business days of sending the e-mail or making the information available on the Service home page.

 

Communications

 

11.1. Without prejudice to other forms of communication set forth in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be done through the User's email address, by SMS or phone contact.

11.2. The User agrees to receive any communication and / or notification related to the Online Store, to the address, telephone number and or e-mail address ("e-mail") indicated in the ordering process.

At any time, the user may request that to not receive these communications and / or notifications through the Contact Form or through the option "Do not receive the Newsletter" entered in each Newsletter.

 

Technical Settings

12.1 Without prejudice to the provisions of the following paragraph, Kabaz Made in Portucale may change the Service and / or the technical conditions for its provision, as well as the respective rules of use, and shall disclose such changes to the User at least fifteen (15) days in advance.

14.2. The current version of these General Conditions and their annexes can be found at www.madeinportucale.com.

 

Communications

13.1. Kabaz Made in Portucale deems it necessary or desirable to optimize the browsing experience and / or improve connectivity conditions, it can remotely reshape the network settings.

13.2. Without prejudice to the provisions of the following paragraphs, and in view of the innovative character of the Service and the technological developments to which it may be subject, Kabaz Made in Portucale may change its technical configurations whenever this proves convenient to adapt it to any technological developments.

13.3. Kabaz Made in Portucale does not, however, guarantee the User to perform any upgrades or improvements to the Service.

13.4. Some upgrades or new features of the Service may be available only upon payment by the User and / or subscription, for the same, of Specific Conditions of use.

 

Claims

14.1. The User may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as claim from Kabaz Made in Portucale for acts and omissions that violate the legal provisions applicable to the acquisition of assets.

14.2. The complaint must be submitted within a maximum period of 30 (thirty) days, starting from the knowledge of the facts by the User, being recorded in the information systems of Kabaz Made in Portucale that should decide upon the complaint and notify the interested party within a maximum period of thirty (30) days from the date of receipt.

 

Applicable law

The Portuguese law governs this Contract