Scope and Purpose of the General Conditions of the Store

1.1. These General Conditions are intended, associated with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Sales Service through the Quinta Madre de Água Online Store, a registered trademark under the ownership of Madre de Água LDA, headquartered at Quinta Madre de Água S/N 6290-651 Vinhó, municipality of Gouveia, under the unique registration and identification number of legal person nº 508624355, with a share capital of € 400,000, hereinafter referred to as “Madre de Água LDA“.

1.2. The service consists of providing, through the address www.quintamadredeagua.pt, access to the Online Store that provides information about products produced by Madre de Água LDA, allowing the User, electronically, to order the products therein. disclosed, under the terms and conditions described herein.

1.3. The order of products must be made by users of legal age, that is, aged 18 (eighteen) years or over. The elements and information transmitted by the User will enjoy full legal effect, recognizing the user of electronic purchases, and the user cannot claim the lack of signature for non-compliance with the obligations assumed.

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2 . Product Information and Content

2.1. Madre de Água LDA assumes responsibility 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 7).

2.2. Madre de Água LDA will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes such as human errors or failure of the service provided by the carrier, it is possible to make available any of the products ordered by the user

If any product is not available after placing the order, you will be notified by email or by telephone. At that moment, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment or, in case you want to replace it with another product, we will update the order as well as all the information proving the change registered.

3. Responsibilities

3.1. All products and services sold in the Online Store Quinta Madre de Água are in accordance with Portuguese Law.

3.2. The Online Store has adequate security levels. However, if for any reason a service failure persists, such as an error in accessing the Quinta Madre de Água Online Store website, and therefore an impossibility of providing the service, Madre de Água LDA cannot be held responsible for actions outside its control.

3.3. The data and information queries carried out within the scope of this service are assumed to be carried out by the user, and Madre de Água LDA declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4. Madre de Água LDA is not responsible for losses or damages resulting from non-compliance or defective performance of the service when this is not directly or indirectly attributable to it as willful or gross negligence, not being responsible for:

(i) errors, omissions or other inaccuracies relating to the information provided by the user through the service;

(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 the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to Madre de Água LDA and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations that cannot be controlled and that prevent m or jeopardize the fulfillment of the obligations assumed.​

3.5. The user accepts that Madre de Água LDA cannot be held liable in any way for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even that has been previously warned by the user about the possibility of such damages occurring), resulting from:

i) the use or impossibility of using the service;
ii) the difficulty in obtaining any substitute for goods/services;

4. Consumer Obligations

4.1. The user undertakes to provide personal data and correct addresses, under no circumstances using false identities;

4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the user, and he declines any responsibility.

4.3 In the event that the user violates any of these obligations or any other attempt to circumvent, Madre de Água LDA reserves the right to cancel future supplies of any other services to the same user.

4.4. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the resale of goods.

5. Privacy and Protection of Personal Data

5.1. Madre de Água LDA guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as being mandatory is essential for the provision of the service. The omission or inaccuracy of the data provided by the user are their sole responsibility and may give rise to the refusal to provide the service.

5.3. The user’s personal data will be processed and stored by computer and are intended to be used by Madre de Água LDA within the scope of the contractual and/or commercial relationship with the user and, in case of authorization by the user, for the commercialization of cheeses and other regional products available in the Online Store.

5.4. Under the terms of the applicable legislation, the user is guaranteed the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes set out in the previous number, and must for this purpose, contact the entity responsible for the processing of personal data, through the e-mail geral@quintamadredeagua.pt.

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6. Canceling Orders

6.1. At the user’s request

Orders may be cancelled, when expressly requested by the user, through the telephone number or e-mail, referring to the order number, which will be accepted as long as it has not yet been processed.

After confirming and processing the order, the user is requested to contact Madre de Água LDA via phone number or email, as soon as possible , in order to find the most appropriate solution.

For the purpose of cancellation, the User must provide the following data:

a) Order number
b) NIF with who placed the order and delivery address

6.2 Madre de Água LDA reserves the right not to process orders when there is any inconsistency in the personal data presented or when misconduct is observed by the buyer.

7. Return (Right of Withdrawal)

7.1. The user, in the case of being a consumer, may exercise the right of withdrawal within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.

7.2. The products sold by Madre de Água LDA are mostly handcrafted, so their size, color or shape may differ slightly from those shown in the photos published on https://www.quintamadredeagua.pt/loja-online/ without affecting its quality. Therefore, these photographs are only illustrative for informational purposes, but not contractual.

The user can claim the right of withdrawal when:

– The products received do not correspond to the requested or the quantity does not correspond to the order, (if the quantity or product indicated on the transport bill and/or invoice does not correspond to the quantity or product actually contained in the shipment, the carrier must be notified, informing Madre de Água LDA of this circumstance on the transport note and/or invoice);

– The packaging is seriously damaged, affecting the quality of the product (in this case, it must be communicated to the carrier, informing it on the transport note and/or invoice);

– The products are in poor condition at the time of receipt. In this case, you must send information through the available contact means to Madre de Água LDA on the day of delivery.

Taking into account the perishable nature of most products marketed by Madre de Água LDA, it is very important that any claim regarding the purchased product is processed as soon as possible.

In the event of at least one of the situations described above , and complying with the deadlines and procedures defined for the communication of anomalies, of 14 days, will be entitled to a full refund of the goods, including taxes and shipping costs.

If the shipment is rejected by the customer, or the customer not collect it, without just cause, Madre de Água LDA will be exempt from liability for the the deterioration that the product may suffer, as a result of the lack of receipt, not being obliged to return any value.

7.3 To exercise this right, the user must indicate all his identification data, the product purchased you want to return and the date of purchase, verifiable through the order reference and/or invoice number. The communication of the return must be made by email to geral@quintamadredeagua.pt and within the period defined above.

The package must be returned complete, as it was delivered and accompanied by all the documentation received, namely the sales invoice and the document proving receipt of the product. The packaging and documents indicated must be sent free of charge to the following address:

Madre de Água LDA

Quinta Madre de Água S/N

6290-651 Vinhó – Gouveia

If the user chooses other forms of return, the respective shipping costs will be his responsibility.

7.4. Upon receipt of the return, Madre de Água LDA will refund to the User the amount actually paid and corresponding to the order.

7.5. The method of reimbursement of the amount will be made through bank transfer to the indicated account and will be made up to 14 days after receipt of the will for free resolution and receipt of the return of the good.

7.6. In the absence of any of the components of the item sold or, if any of them is not in excellent condition for reasons beyond the responsibility of Madre de Água LDA, there will be no refund of the price or shipping, and the product will be sent back to the initial shipping address.

8. Intellectual Property

8.1. The Store is a registered site and the service provided is the responsibility of Madre de Água LDA.

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 use of these contents may only occur under the express authorization of the respective owners.

8.4. The user undertakes to fully respect the rights referred to in the previous number, namely refraining from using or reproducing the same materials for their benefit and that are not authorized.

9. Service Security Conditions

9.1. The user expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible of use by several users, and as such, subject to computer overloads, so Madre de Água LDA does not guarantee the provision of the service without interruptions, loss of information or delays.​

9.2. In case of interruption in the provision of the service due to unpredictable overload of the systems on which it is supported, Madre de Água LDA undertakes to regularize its operation as soon as possible.

10. Suspension and deactivation of the Store Service

10.1. Madre de Água LDA may, at any time, and in its sole discretion, discontinue providing the online marketing service and/or part of the Service.

10.2. Madre de Água 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 conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Madre de Água LDA ceases access to the Store, upon prior notice 15 days in advance of the date of termination, with no right of the user or third parties to any compensation or other compensation, and Madre de Água LDA cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service, fulfilled that all and any service previously requested by its users must be fulfilled until the date of cancellation.
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11. Communications

11.1. Any changes to these General Conditions will be published on the website and may be made to the User’s email address, by SMS or telephone contact.

11.2. 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 e-mail address (“e-mail”) indicated in the ordering process.

At any time, you can request not to receive these communications and/or notifications by email or through the option “Do not receive the Newsletter” registered in each Newsletter.

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12. Complaints

12.1. Madre de Água LDA has the greatest concern with the quality of its products and services. However, and in case of dissatisfaction, the user can submit any contractual disputes, to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Madre de Água LDA of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

12.2. 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 information systems of Madre de Água LDA which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.

13. Applicable Law

The Agreement is governed by Portuguese law.