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Terms and conditions

General conditions of CONTRACTING AND USE:

Ownership of the domain https://www.fruut.eu

1.1 The site https://www.fruut.eu (hereinafter called the SITE) is owned by FRUEAT - PRODUTOS ALIMENTARES, LDA. (hereinafter called FRUEAT), NIPC nº 510.584.993, with head office at Estrada Nacional 229 - 2- Travancela Sátão, 3560-129 São Miguel da Vila Boa.
1.2 For any queries regarding the SITE or the present General Conditions of Contract and Use (hereinafter referred to as the CONDITIONS), you may contact FRUEAT by any of the following contacts:
– Email: frueat@frueat.pt
– Address: Rua do Pinheiro Manso, nº 662, Sala 1.22, 4100-411 Porto
– Phone (at 10:00-12:30 and 14:30-18h00): +351 226 155 189

Scope of application

2.1 The Conditions apply to all visits to the SITE and to any transactions of a commercial nature carried out through the virtual shop available on the same, regardless of the form in which this acquisition is made and to whom it is made.
2.2 Browsing the Website and purchasing any product on the Website implies the acceptance of these Conditions by the user and/or customer. If the user and/or customer does not agree with the CONDITIONS, the user and/or customer may not use this Website or any of the products or services made available on the Website or purchase any FRUEAT products.
2.3 FRUEAT reserves the right to change the Conditions without notice, any changes being published on the Website.
2.4 Product means anything that may be purchased by the customer from FRUEAT.

Content information

3.1. The reproduction, transfer, distribution or storage of the contents of the Site without prior written permission granted by FRUEAT is prohibited.
3.2 It is expressly forbidden to introduce links from this SITE, irrespective of the intended purpose, without prior authorisation from FRUEAT.
3.3 The SITE contains information about the products that can be purchased from FRUEAT, and by initiating the procedures to purchase any product, the customer is declaring that he/she has consulted, understood and accepted all the information about the products published on the SITE.
3.4 FRUEAT reserves the right to modify at any time the information made available on the WEB, including, among others, the offer presented on products, product information, prices, commercial conditions, etc.

Intellectual Property

4.1 All copyrights and/or connotations and/or relating to software and/or industrial property and any others of similar nature commonly referred to together as "intellectual property", amongst others, relating to any and all products or services, designs, technological solutions or technical documentation, design work, manuals, databases, mere ideas or know-how, trade secrets, commercial information, sales/marketing techniques, relating to FRUEAT and the Website are the exclusive property of FRUEAT.
4.2. The use, in whole or in part, in any manner whatsoever by anyone, of that type of "intellectual property" rights owned exclusively by FRUEAT requires the prior written consent of FRUEAT.

Obligations of the customer and the user

5.1. The user and the client undertake to:
a) Comply scrupulously with the Conditions;
b) Refrain from introducing, storing or spreading through the site contents that are defamatory, obscene, injurious, xenophobic and/or of any other nature that violate the general principles of law and public order;
c) Respect all "intellectual property" rights of FRUEAT and third parties, including those relating to products;
d) Keep and not disclose any passwords relating to the SITE and to FRUEAT's products, such as site-entry passwords;
e) Not to use false identities;
f) Provide the correct personal details, email addresses and addresses so that FRUEAT can properly process your requests, for example product orders.
5.2 FRUEAT reserves the right to delete the user's account in the event of a breach of any of the above.
5.3 The customer is responsible for the veracity of the data provided to FRUEAT and undertakes to immediately insert in his account any changes to the same.
5.4 FRUEAT shall not be liable for any delay or impossibility to process the order due to error or insufficiency of the data communicated by the customer.

Ordering online

6.1 In order to make purchases through the SITE, the customer must fill in the form available online for this purpose.
6.2 You must also follow all the steps of the purchase to complete it successfully.
6.3 The validation of the purchase order by the customer implies that the customer has acknowledged, understood and expressly accepts the Conditions.
6.4 Once you have completed your purchase, you will receive an automatic email confirming the transaction.
6.5 If the data in the email referred to in the previous point is not correct, the customer must immediately request its alteration or even the cancellation of the purchase made.
6.6 When purchasing products sold on the Website, FRUEAT accepts the following payment methods
– Visa
– MasterCard
- Multibanco reference (for one-off purchases - one box and pre-payment)
– PayPal
- MB WAY (for one-time purchases - one box and prepayment)
6.7 The data recorded by FRUEAT is evidence of all transactions between FRUEAT and the customer, and it is FRUEAT's responsibility to archive the electronic document formalising the contract and keep it accessible.

Product availability

7.1 FRUEAT will only process an order placed by a customer once payment has been confirmed and FRUEAT cannot guarantee the availability of products until such processing commences.
7.2 In the event of unavailability of stock of the product ordered, FRUEAT will inform the customer of this fact and will refund the amount paid by the customer within 14 days of ordering, if that is the customer's wish.
7.3 When you place your order, the delivery method will be indicated.
7.4 The estimated time of delivery of the product also depends on the transportation time and the delivery location, and the estimate does not include weekends and holidays.
7.4. As datas de estimativa de entrega são meramente indicativas e qualquer atraso não confere ao cliente o direito a qualquer indemnização.

Importation and use of the products in a country other than Portugal

If you intend to import the products to a country other than Portugal and/or use the products in a country other than Portugal, before making the purchase, you must verify with the authorities in Portugal and in your country the conditions of import or use of the products, among others, regarding licenses, permits, taxes and any other applicable charges, It is your sole responsibility to obtain this information and pay any taxes and charges, and FRUEAT declines any and all responsibility that may arise in this regard and the customer assumes any and all responsibility that may arise in this regard, for example, the customer is responsible for any violations, fines or penalties, taxes or any other charges.

Price

9.1 Before completing your order, you may check the total price of the products, including taxes, shipping costs or any other charges that may apply, as well as the method of calculating that price.
9.2 Supplementary transport charges and any other costs, among others, of a tax nature may be payable in the case of destinations other than Portugal, which shall be the sole responsibility of the customer.

Delivery costs

10.1 The following table represents the various delivery charges according to weight and place of transport:

Portugal mainland and islands:
Free on all orders.

Europe:
Rest of the World:

 

Cancellations and returns

11.1 You may cancel your order at any time up to its dispatch, with a right to a refund of all sums paid.
11.2 In case of cancellations of prepaid subscriptions, you will be refunded for the products returned under the terms of this clause and for the products not yet received. However, considering that the price per product varies with the prepaid subscriptions, the amount to be refunded shall be reduced by the difference between the prepaid subscription plan and the price list of the products actually purchased or of the most favourable plan that has been fully complied with, as well as the value of any product offers that have been granted with the explicit condition of full compliance with the subscription plan period. The cancellation of subscriptions shall take effect 30 days after the communication of cancellation.
11.3 The non-payment of the order within 2 days after the date in which it was definitely made implies its automatic cancellation.
11.4 FRUEAT reserves the right to unilaterally cancel the order if there is a programming error, a malfunction in FRUEAT's computers, or if the contract proposal arrives deformed at its destination and the error concerns an essential element of the contract.
11.5 The customer has the right to terminate the contract without giving any reason and without incurring any costs within 14 days of the day following the day: (i) in which the customer or a third party nominated by him, other than the carrier, acquires possession of the product or in the case (ii) in which the customer or a third party nominated by him, other than the carrier, acquires physical possession of the last product, where the customer has ordered several products in a single order and the goods are delivered separately.
11.6 In order to exercise your right of withdrawal in accordance with the preceding paragraph, you must inform FRUEAT of your decision to withdraw from this Agreement by a clear written statement sent with proof of receipt to the email address or FRUEAT address set out in 1.2 above and, if you wish, you may use the following model withdrawal form:
Model Free Resolution Form
(you must complete and return this form only if you wish to terminate the contract)
- To [insert the name, geographical address and, where applicable, the e-mail address of the trader]:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete where not applicable
11.7 In case of withdrawal from the contract, the customer is obliged to return the products no later than within 14 days from the day on which he informed FRUEAT of the free withdrawal from the contract, bearing all return costs.
11.8 In the event of termination of the contract, the customer will be refunded all payments made, including any delivery costs (with the exception of any additional costs resulting from choosing a different shipping method from the least expensive normal shipping method offered by FRUEAT), not later than 14 days from the date of receipt by FRUEAT of the notice of termination, and the refund may be withheld until the goods have been received or the customer has provided proof that the goods have been returned.
11.9 It is only permitted to return products and, therefore, the Customer will only be refunded the payments he has made if the products are returned by the Customer in good condition and with original packaging complete and properly closed/sealed.
11.10. The refund of any amount paid will always be made via the payment method used to purchase the product.
11.11. If it is not possible or if the customer so requests, the refund may be made by bank transfer to the account held by the customer, whose IBAN should be provided by the customer at the time of return, along with proof of IBAN.
11.12. FRUEAT will not be liable for costs associated with refunds made by methods other than those used to purchase the product.

Product guarantee

12.1 You agree to use the products in accordance with the CONDITIONS, in accordance with the information on the products and in strict compliance with the law and not to use them for any purpose or by any means prohibited by law.
12.2 If you use the products in breach of the above, FRUEAT accepts no liability for any consequences arising therefrom, including, but not limited to, any malfunction of the products or damage to the products or other goods or persons.

Exclusion of responsibility

FRUEAT disclaims all liability of whatever nature, excepting only liability arising from mandatory legal rules that cannot be disclaimed.

Applicable legislation and dispute settlement

14.1 The CONDITIONS, purchases made on the SITE and everything else related to the SITE, transactions, purchases and products are subject to Portuguese law.
14.2 The competent court for dealing with any dispute relating to the WEB, the CONDITIONS, the products and any other situation relating to FRUEAT that is related to the CONDITIONS is the District Court of Oporto, which has jurisdiction, to the exclusion of any other.
14.3 For the purposes of art. 18 of Law no. 144/2015, of 08-09, consumers are informed that, in the event of a dispute, they may resort to Alternative Dispute Resolution (ADR), and the following ADR entities are available:
Centro de Informação de Consumo e Arbitragem do Porto: http://www.cicap.pt
Centro de Arbitragem de Conflitos de Consumo de Lisboa: http://www.centroarbitragemlisboa.pt/
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral: http://www.triave.pt/
CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo): http://www.ciab.pt/pt/
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo: http://www.arbitragemdeconsumo.org/
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra: http://www.centrodearbitragemdecoimbra.com
Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve: http://www.consumoalgarve.pt
Centro de Arbitragem de Conflitos de Consumo da Madeira: http://www.srrh.gov-madeira.pt

Online Complaints Book

FRUEAT is registered on the Online Complaints Book Platform so any customer can access it by clicking here or accessing the page https://www.livroreclamacoes.pt.

 

Alterations
FRUEAT reserves the right at all times and with immediate effect to make changes to the CONDITIONS.

PRIVACY POLICY AND COOKIES

Introdution

1.1 FRUEAT guarantees the users of the WEB to respect their privacy.
1.2 Visiting the WEB does not in itself imply the automatic registration of any personal data that identifies the user; however, the use of certain contents or services may imply the voluntary provision of personal data by the users.
1.3 Providing the data or answering the questions is optional, but failure to provide the data or answer will result in the impossibility of submitting and/or acquiring the products and the impossibility of processing the user's request.
1.4. This privacy policy complies with the Personal Data Protection Act in force.
1.5 If you have any questions or concerns in relation to this matter you may contact FRUEAT by any of the following contacts:
– Email: frueat@frueat.pt
– Address: Rua do Pinheiro Manso, nº 662, Sala 1.22, 4100-411 Porto
– Phone (at 10:00-12:30 and 14:30-18h00): +351 226 155 189

Data collection and processing

2.1 FRUEAT is the entity responsible for collecting and processing the personal data of users.
2.2. The personal data collected will be processed and stored by FRUEAT or its subcontractors.
2.3 The personal data collected is for processing the requests submitted by users and for communication with users (e.g. for sending information or newsletters or for promotional purposes).
2.4 FRUEAT may also treat the information provided, for statistical purposes, on an anonymous basis, without the possibility of identifying the user or customer.
2.5. The personal data collected will be kept in a form which permits their identification only for the period necessary for the purposes of the collection or subsequent processing, after which they will be definitively eliminated.

Access rights

Users are guaranteed the right to access, update and rectify their personal data, as well as the right to cancel and oppose their processing, provided the requirements and terms set out in the law are met, upon written request addressed to FRUEAT, sent with proof of receipt, by any of the following contacts:
– Email: frueat@frueat.pt
– Address: Rua do Pinheiro Manso, nº 662, Sala 1.22, 4100-411 Porto

Security measures

4.1. FRUEAT shall use its best efforts to protect the personal data of users against unauthorised access.
4.2 However, it is your responsibility to ensure that the computer you are using is adequately protected, for example, against harmful software and computer viruses.
4.3 Furthermore, where data is collected over open networks such as the internet, the data may circulate unsecured and there is a risk that it could be viewed and used by unauthorised third parties.
4.4. Users are forbidden from providing third parties with their password and any other data which gives them access to their account on the WEB.

Cookies
5.1. FRUEAT uses automatic data collection systems such as cookies. A "cookie" is a device that is transmitted to the hard drive of an internet user and enables the collection of, inter alia, and if available, the IP address, operating system, web browser and system administration.
This is statistical information about how you browse our SITE. A cookie does not allow us to identify you. Generally speaking, it records information about your computer's navigation on our site (the pages you visited, the date and time of your visit, etc.) which we can read when you visit us again.

5.2 Only FRUEAT has access to this information collected by cookies, on a collective and anonymous basis, in order to optimise its services and those of this website to the needs and preferences of the user and for the preparation of web pages to be personalised. These cookies help us to improve our website and provide a better and more personalised service.

5.3 If you configure your browser to block or delete cookies, we cannot guarantee that you will have access to all the features and services offered through this SITE. We will use cookies for functions such as browsing the catalogue, purchasing products online and providing services reserved for registered users.

5.4 What kind of Cookies are used?
There are two groups of cookies that can be used:
5.4.1 Permanent cookies - these are cookies that are stored in the browser of your access equipment (pc, mobile and tablet) and are used whenever you visit one of our websites again. They are generally used to direct navigation to the user's interests, allowing us to provide a more personalised service.
5.4.2 Session cookies - these are temporary cookies that remain in the cookie file of your browser until you leave the website. The information obtained by these cookies serves to analyse web traffic patterns, allowing us to identify problems and provide a better browsing experience.

5.5 The types of cookies that exist are set out below:
- Third Party Cookies
They measure the success of applications and the effectiveness of third-party advertising. They can also be used to personalise a widget with user data;
- Advertising Cookies
They target advertising according to the interests of each user, and also limit the number of times they see the ad, helping to measure the effectiveness of advertising and the success of the website's organisation;
- Functionality Cookies
They store the user's preferences regarding the use of the site so that it is not necessary to re-configure the site each time you visit;
- Strictly necessary cookies
They allow you to browse the website and use its applications, as well as access secure areas of the website. Without these cookies, the services you have requested cannot be provided;
- Analytical Cookies
They are used anonymously for the purposes of creating and analysing statistics in order to improve the functioning of the website;

Alterations

FRUEAT reserves the right to make changes to this privacy policy at any time with immediate effect.