MONTALVA

Terms of Service

GENERAL SALES CONDITIONS OF THE ONLINE STORE

(www.loja.damatta.pt)

 

Scope

These General Sales Conditions regulate the general terms and conditions of use of this website, owned by MONTE D`ALVA – Alimentação, S.A., as well as the terms and conditions applicable to the purchase and sale of products (“Products”) by the customer or buyer (“Customer”), through the respective online store (www.loja.damatta.pt).

 

  1. Introductory Provisions

a) Identification of the website owner and supplier of the products:

The owner of the website is MONTE D`ALVA – Alimentação, S.A., (hereinafter, MONTALVA) a commercial company headquartered at Quinta do Munhoz, 2665-314 Milharado, registered at the Mafra Commercial Registry Office under the unique registration number and corporate tax number 501 488 227, with a share capital of 17,461,338.02 Euros, with administrative facilities at Av. de Olivença, s/n, 2870-108 Montijo.

b) Customer Information:

Facilities of MONTE D`ALVA – Alimentação, S.A. located at: Av. de Olivença, s/n, 2870-108 Montijo;

Phone: +351 212 309 200

Fax: +351 212 309 290

Email: info@montalva.pt

c) Considering the provisions regarding transportation costs, these general sales conditions do not cover the Azores and Madeira archipelagos, as well as other countries. Individuals interested in purchasing our products, residing in any of the islands comprising those archipelagos or other countries, should contact MONTALVA through any of the means mentioned in the previous paragraph.

  1. Use of the Website and Full Acceptance Without Reservations

a) The General Sales Conditions are made available at www.loja.damatta.pt prior to the formalization of the Product order by the Customer or potential customer.

b) The use of this website confers upon you the status of Customer and implies the full and unconditional acceptance of all the provisions included in these General Sales Conditions, in force at all times. Similarly, the formalization of the order by the Customer, thereby establishing a business relationship with MONTALVA through its online store, also implies the full and unconditional acceptance of these General Sales Conditions, in force at all times.

c) The contractual proposal regarding the purchase and sale of products supplied by MONTALVA in the online store is only directed at individuals of legal age with full capacity and who, therefore, can be held responsible for the commitments arising from the purchase and sale of the Products.

d) If the Customer does not agree with these General Sales Conditions in their entirety, they should not access the website or the associated functionalities and services, particularly the online store.

e) By accepting these General Sales Conditions, the Customer makes this acceptance on their personal behalf and/or on behalf of the organization they represent (if applicable). By placing orders through our online store, the Customer declares to be of legal age, ensuring that they have full legal capacity for the acts they perform and the necessary powers to make this acceptance. Furthermore, by accepting these General Conditions, the Customer expressly declares that they will not use the website and the associated functionalities and services for any illegal and/or unlawful purposes.

f) These Conditions may be changed at any time and without prior notice, so the Customer should consult them before each use of the website and the associated functionalities and services, especially before each use of the online store. However, any changes to these Conditions after the confirmation of an order do not bind the Customer in relation to that order. The Conditions in force at the time of the confirmation of each order shall apply.

g) MONTALVA guarantees the security of the account within the security measures expected and appropriate for platforms such as the website and its respective online store.

h) MONTALVA is not responsible for damages resulting from interference, interruptions, computer viruses, breakdowns, or disconnections of the operating system that may temporarily prevent access, navigation, or the provision of services to Customers.

i) Under no circumstances shall MONTALVA and/or its representatives and workers be held liable for any damages that may arise, even accidentally, from the malfunctioning of the website, regardless of the duration of such malfunction, or for any damages caused by reproduction, use, or exploitation.

j) Violation of the provisions of these General Sales Conditions constitutes grounds for their resolution by MONTALVA. In any case, and regardless of whether its resolution occurs or not, MONTALVA shall be entitled to be indemnified for all damages resulting from such violation. Furthermore, MONTALVA reserves the right, at its discretion, to terminate the use of the website and its respective functionalities and services by the Customer in question, with or without notice to the same.

 

  1. Customer Registration

a) Mere access to the website is not subject to registration. However, to enjoy all the functionalities and services of the website, the Customer must register by creating a Customer account, filling out the form for this purpose, in which they must provide, mandatorily, the following data: Name (first and last), email address, and password.

b) Nevertheless, if the Customer only wishes to make a purchase in the online store without registering as a customer, they may do so as a guest – providing only the email address.

c) The Customer is responsible for the accuracy, completeness, and lawfulness of the data provided, both at the time of registration and for the purpose of making purchases in the online store, as well as for their updating. In these terms, the Customer will be solely and exclusively responsible for any false or inaccurate statements they make and, consequently, for reimbursing MONTALVA for all damages it suffers as a result of non-compliance with this provision.

d) All content inserted into the Customer’s account, as well as all activity taking place therein, are the responsibility of the Customer, and MONTALVA has no obligation to monitor the content or the (non)compliance with any responsibilities of the Customer, including compliance with obligations towards other Customers or national authorities.

e) MONTALVA does not have access to or knowledge of the password set by the Customer for accessing the website. It is the Customer’s responsibility to ensure the confidentiality of the password and to ensure its safekeeping and proper use, as well as to comply with best practices regarding the security of their account (especially by changing the password regularly and avoiding connections through public open networks). Therefore, MONTALVA cannot be held responsible for damages resulting from the loss or misuse of the defined password.

  1. Products and Orders

a) All products available for purchase through the website are illustrated with photographs and indication of essential characteristics, and are available for purchase by Consumers or Professionals indistinctly.

b) For orders with a value below €25.00 (twenty-five euros), shipping costs of €6.16 (six euros and sixteen cents) will be added.

c) MONTALVA has made every effort to ensure that the information presented is free of errors, and whenever they occur, they will proceed to correct it as soon as possible. Likewise, MONTALVA makes its best efforts to keep the information regarding the products sold in the online store up to date.

d) At any time, MONTALVA may change, delete, or move any information on the website and online store, without prior notice, including information regarding products, prices, promotions, offers, and other commercial conditions.

e) The Customer expressly accepts and agrees to the following:

(i) The photographs displayed on the website are for illustrative purposes only, and the Customer should carefully read and fully understand the information about the essential characteristics of the products described on the website. In case of doubt, the Customer should contact MONTALVA to obtain any additional information, by filling out the form provided for information requests or contacting them by email or phone to the addresses indicated in point 1;

(ii) Detailed information about the products and their characteristics/specifications can be obtained from MONTALVA;

(iii) All products for sale on the website are subject to available stock, without prejudice to MONTALVA’s efforts to provide updated information regarding the availability of products included in the shopping cart;

(iv) MONTALVA will not assume responsibility for any discontinued items;

(v) Prices and products available on the website are valid only for commercial transactions carried out through the online store.

f) The information provided on the website and online store regarding products intended for human consumption does not exempt the Customer from consulting the label of these products upon receipt and before consumption, and the Customer should always read the nutritional information, list of ingredients, recommendations for use and/or conservation, warnings, as well as all mandatory and/or voluntary information of the Product before using or consuming it, with MONTALVA not being responsible for any consequences resulting from the failure to consult the information on the labels.

g) Product orders are formalized electronically through the online store. It is MONTALVA’s responsibility to notify the Customer if there is any impediment to the requested supply.

h) Products are subject to available stock, and MONTALVA is not obliged to market any product that is not available in stock.

 

  1. Product Validity

The validity period of the Product is as mentioned on the packaging, provided that the adequate storage conditions indicated therein are guaranteed.

  1. Price and Price Changes

a) The prices of products sold by MONTALVA are properly indicated in Euros, including VAT at the current legal rate.

b) Unless otherwise indicated, notably as provided in point 4, paragraph b), the prices stated in the online store already include the transportation of the Products and delivery to the customer, in accordance with the following clause.

c) Although MONTALVA strives to ensure that all prices on the website are correct, errors may occur. If MONTALVA detects an error in the price of any of the products ordered by the Customer, it will inform the Customer as soon as possible and give them the option to reconfirm the order at the correct price or to cancel it. If MONTALVA cannot contact the Customer, the order will be canceled, and the Customer will be refunded the full amount paid.

d) In the event of an error in the price indication of any product that compromises the compliance with the value of €25.00 referred to in Clause 4, paragraph b), the order will be processed without any additional costs.

e) Until the moment of order confirmation by the Customer, MONTALVA reserves the right to change the price of any Products available in the online store, without prior notice.

 

  1. Payment

a) For the purpose of finalizing the order, the Customer must enter the personal data requested for billing. If the Customer has registered as a client, the aforementioned data will only be requested at the time of the first purchase through the website, being stored for the purpose of future purchases. Therefore, they will not be requested again, and the Customer should simply log in to the website in the future.

b) The Customer must also enter the delivery data, when different from the data provided for billing purposes. Deliveries are made to all districts of Continental Portugal.

c) Product delivery to the Customer is carried out by a carrier freely designated by MONTALVA and is included in the price of the products for purchases equal to or greater than €25.00. In the case of a purchase below €25.00, the customer will have to pay the shipping costs, as indicated in point 4, paragraph b), for Continental Portugal. Deliveries are made between 10:00 a.m. and 7:00 p.m. from Monday to Friday, with an estimated delivery time between 48 and 72 hours after payment of the order. After payment of the order, MONTALVA will send an email confirming receipt of the order and indicating the estimated delivery time for the intended delivery area.

d) To complete the order, the Customer must also select the preferred payment method, with the following options available: (i) MBWAY; (ii) Multibanco reference. The processing of the order by MONTALVA will be conditioned upon receipt of the payment made by the Customer.

e) Before Confirming the Order, the Customer undertakes to verify the data contained in their order summary, confirming the Customer’s data, the products selected in the shopping cart, and the respective delivery method and payment method, and should go back to previous steps to make the respective correction if any discrepancies are detected.

f) Before finalizing the order, the Customer must read the “General Sales Conditions,” checking the agreement symbol in the box available, only if they accept them. Acceptance of these General Sales Conditions is an absolute requirement for the continuation of the operation. The Customer should immediately print and file these Conditions for future reference.

g) After completing all the aforementioned steps, the Customer must confirm their order. By doing so, they enter into a purchase and sale contract with MONTALVA, expressing their full and complete acceptance of the description of the products covered in the transaction, their respective prices, and these Conditions, which contain the only applicable provisions between the Parties.

h) After order confirmation, MONTALVA will send the customer an email confirming that they have received the order – which will contain a summary of the order information, including the product name/reference, the total price of the product, shipping information and associated expenses, as well as the selected payment method and respective deadline (if the Customer has opted for payment by Multibanco reference). If any data is incorrect, the Customer must request its correction from MONTALVA within a maximum of 24 hours, through the email indicated in point 1.b) of these General Conditions.

i) Upon receipt of payment for the order, MONTALVA will issue and send an invoice to the email provided by the Customer. Once issued, the invoice cannot be altered.

j) All orders placed are subject to available stock. If a product is not available in stock, MONTALVA will contact the customer, giving them the option to replace that product with another of equivalent quality and price or to cancel their order. If the Customer chooses to cancel the order, MONTALVA will refund the amounts paid by the Customer within 30 days of the cancellation communication.

 

  1. Delivery

a) Notwithstanding the delivery period indicated in paragraph c) of the previous point, delays may occur for any of the following reasons, not attributable to MONTALVA, which will not entitle the Customer to any compensation or contract resolution: (i) delays by the carrier; (ii) difficulties in delivering to the recipient.

b) The Customer must ensure that someone is present at the delivery address of the products on the date indicated by MONTALVA. If no one is present at the delivery address, a second delivery attempt will be made the following day within the area, with MONTALVA reserving the right to charge for the travel costs. If it is not possible to deliver the order, the order will be canceled, and the value paid by the Customer will be refunded within 30 days, deducted from the transportation costs.

c) The deadline for the delivery of the ordered products is 30 days from the day following the confirmation of payment of the total price of the products.

d) The customer receives three notifications, via SMS or email, depending on the data provided at the time of purchase, regarding their order: 1st when the order is collected from the seller; 2nd when the order is in distribution for delivery at the address; 3rd when the order is delivered to the destination location.

 

  1. Obligations and Guarantees

a) MONTALVA is responsible for any lack of conformity of the Products at the time of delivery. Products do not conform to the purchase and sale contract when one of the following facts occurs:

(i) When the products do not conform to the description given by MONTALVA on its website;

(ii) When the products are not suitable for the specific use for which the Customer intends them and of which they have informed MONTALVA when entering into the contract and which MONTALVA has accepted;

(iii) When the products are not suitable for the usual uses given to goods of the same type;

(iv) When the products do not have the qualities and performance usual in goods of the same type that the Customer can reasonably expect, considering the nature of the goods and, if applicable, the public statements about their specific characteristics, made by MONTALVA, namely in advertising or labeling.

b) Under Consumer Law, the general warranty period for products is 2 (two) years for new products, from the date of delivery to the Customer, provided that the product defect is communicated to MONTALVA within a maximum period of 2 months from the date on which it was detected. In sales to professionals, MONTALVA is also responsible for any defects in the products that exist at the time they are delivered to the Customer, with a warranty period of 6 (six) months from the date of delivery of the products.

c) Notwithstanding the provisions of the previous paragraph, whenever perishable products are concerned, their conformity will only be expected during their respective validity period.

d) Since foodstuffs are perishable goods subject to a validity period, there is no lack of conformity in the products, for which MONTALVA is responsible, whenever the defect is not attributable to MONTALVA, particularly in the following situations:

(i) Non-use and/or conservation of the products in a careful, diligent manner and/or according to their respective indications;

(ii) Use of the products for a purpose other than that for which they are intended;

(iii) Abnormal use/consumption of the products;

(iv) Expiration of the expected validity period of the product;

(v) Modification or alteration of the products.

e) Faced with a non-conforming product, the Customer must report this situation to MONTALVA, presenting the respective invoice and description of the non-conformity, and MONTALVA may collect it to verify the non-conformity. After verification by MONTALVA and confirmation of the product’s non-conformity, the Customer will be entitled to one of the following solutions (the legal possibility of repair is excluded, as it is incompatible with the products marketed by MONTALVA):

(i) Replacement of the product with another of identical characteristics;

(ii) Reduction of the price paid for the products;

(iii) Contract Resolution, under the following Clause.

f) Whenever the products sold are sealed and not returnable for reasons of health protection or hygiene, MONTALVA reserves the right to refuse their return when opened after delivery.

g) If a claimed and considered defective Product is returned to MONTALVA, the Customer agrees to keep the Product properly packaged and in an appropriate place until it is collected. The costs of collecting non-conforming products will be borne by MONTALVA.

 

  1. Right of Free Contract Resolution (applicable exclusively to sales made to final consumers, as defined in Law No. 24/96, of July 31, with subsequent amendments).

a) The Customer has the right to freely resolve the present contract within a period of 14 calendar days, without the need to indicate any reason. The deadline for exercising the right of resolution expires within 14 days from the day on which the delivery to the address indicated by the Customer is considered completed.

b) The right of free resolution may be exercised by the Customer for all the products purchased or only for some of the products included in an order.

c) For this purpose, the Customer must fill in the model “Free Resolution” below suggested, or send a written and unequivocal communication of their decision of resolution, which can be done by registered mail or by email to the addresses of MONTALVA indicated in point 1. If the Customer chooses to use the latter option, MONTALVA will send the Customer an email notification of receipt of the resolution request within 24 hours.

 

Form

FREE RESOLUTION FORM TEMPLATE

(ONLY FILL OUT AND RETURN THIS FORM IF YOU WISH TO RESOLVE THE CONTRACT)

 

Name:                                                                                                                     

Tax Identification Number:

General Telephone:                                                                                                     

Fax:

Address:

Email:

 

I hereby notify that I am resolving our purchase and sale contract regarding:

 

Product:

Reference:

Order number:

Ordered on ____/____/_____.

Received on ____/____/_____.

Customer’s Name:

Customer’s Address:

Customer’s Phone Number:

Customer’s Email:

 

 

Consumer’s Signature (only if this form is notified on paper):

 

 ________________________________________________________________________.

 

Place: ___________________. Data ____/____/_____.

 

d) In order for the resolution period to be respected, it is sufficient for the communication regarding the exercise of the right to free resolution to be sent before the end of the stipulated resolution period (14 days).

e) The right to free resolution will not apply in the following cases, where MONTALVA reserves the right to refuse the return of products:

(i) Products sold, sealed, and not susceptible to return for health or hygiene reasons, and their return may be refused when opened after delivery;

(ii)zPerishable goods that are likely to deteriorate by simply being returned, or that due to their nature have expiration dates shorter than the period provided here for returning Products.

f) When the Customer wishes to exercise the right of free resolution for a product already received, they must, within 14 days from the date on which they communicated their decision to resolve the contract to MONTALVA, return or deliver the products to MONTALVA, bearing the costs associated with the return of the products.

g) In case of resolution of the present contract before the order is received by the Customer, all payments made by the Customer will be refunded.

h) MONTALVA reserves the right to retain the refund of the amounts paid by the Customer until the products are returned.

i) The refund will be made using the same payment method used in the initial transaction, unless expressly stated otherwise by the Customer.

j) The Customer must keep the products in order to be able to return them in proper conditions, in their original complete packaging, and always accompanied by the respective original receipt or invoice. The contractual right of return of the products applies exclusively to products that can be returned in the same conditions as received by the Customer. MONTALVA may reject the refund of any product that has been damaged or shows signs of use beyond simply opening the external packaging of the product, particularly if any security seals have been violated.

k) The right of free resolution does not apply to products that, by their nature, cannot be returned or are likely to deteriorate or expire quickly.

l) If the above conditions are not met, the return will be rejected, and an email will be sent to the Customer indicating the respective reasons. In this case, the Customer will have the option to request the reshipment of the products not accepted for return, with the shipping costs borne by them.

 

 

  1. Intellectual Property

a) MONTALVA is the owner of all intellectual property rights over the website.

b) The content made available by MONTALVA through the website, including texts, images, trademarks, logos, source codes, are protected by intellectual property legislation, including copyright and industrial property rights, being owned or licensed by MONTALVA and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without prior written authorization from MONTALVA or the holder of the applicable intellectual property right, which the Customer acknowledges and accepts.

c) The Customer undertakes not to make any abusive use of this content, and may not copy, disclose, use, or reproduce them in any way, nor use software tools for collecting protected content, including robots, crawlers, or other automatic mechanisms.

d) The Customer will not copy, translate, disassemble, or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and object code of the Platform, as well as third-party tools and applications and the software associated with its operation, nor remove any confidentiality or intellectual property notices.

e) The Customer undertakes to fully indemnify MONTALVA for any damages, costs, or expenses it incurs as a result of claims of any kind or nature brought against it by third parties, based on the violation of third-party rights, including intellectual property rights related to the use of content made available, provided, or made available through the website and the services associated with it, including compensation paid to third parties by agreement with them.

 

  1. Data Protection

MONTALVA, as the data controller, respects your privacy. Any personal data collected on the website will be kept confidential and will not be sold, disclosed, or otherwise reused by third parties without your authorization. Any personal data provided will be processed in accordance with the current legislation on data protection and best practices, with the personal data collected used solely for the purpose of providing the functionalities and services available on the website and improving your experience on it. The user’s personal data will be properly protected through technical and organizational measures adopted for this purpose and through security protocols suitable for internet communications, being stored on a secure server with restricted access. For more information on how we process your personal data, you should consult our Privacy Policy and Cookie Policy, without prejudice to the notices provided in the appropriate locations.

 

  1. Responsibility

To the maximum extent permitted by law, MONTALVA shall only be liable for damages caused by gross negligence or willful misconduct. MONTALVA assumes no responsibility for the continuous availability of its website, particularly mobile networks, the internet, and mobile devices.

 

  1. Customer Support and Complaints

Customers may address comments, suggestions, or complaints to MONTALVA via telephone at +351 212 309 200 (available Monday to Friday, from 09:00 to 18:00) or via email at lojadamatta@montalva.pt.

It is also noted that customers can submit a complaint through MONTALVA’s Electronic Complaints Book, accessible at the address www.livroreclamacoes.pt. For further information, please visit the website https://www.consumidor.gov.pt/livro-de-reclamacoes.aspx

 

 

  1. Alternative Dispute Resolution

(The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of July 31, with subsequent amendments).

 

a) MONTALVA informs that, as provided for in the Consumer Defense Law, disputes with a reduced economic value (less than €5,000.00) are subject to mandatory arbitration or mediation whenever consumers, by express choice, submit them to the consideration of an arbitration tribunal attached to legally authorized consumer conflict arbitration centers. Therefore, in case of a dispute, the final consumer may resort to any of these means, and they should be represented by a lawyer or solicitor (or request judicial support, as legally provided).

b) Under Regulation (EU) 524/2013 of the European Parliament and of the Council, the Customer can access the Online Dispute Resolution (ODR) platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, where information is provided about the possibility of resorting to it to resolve their disputes.

c) Information about the available Alternative Dispute Resolution Entities for the promotion of extrajudicial resolution of national and cross-border disputes under Law No. 144/2015, of September 8, with subsequent amendments, is also available on the Consumer Portal (www.consumidor.pt). This applies when disputes are initiated by a consumer against a supplier of goods or service provider and concern contractual obligations resulting from contracts of sale or provision of services concluded between suppliers of goods or service providers established and consumers residing in Portugal and the European Union.

THE CUSTOMER DECLARES HAVING READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE ASSOCIATED POLICIES, AND THAT THEY HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. THEY ALSO ACKNOWLEDGE THIS TO BE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM AND MONTALVA, WHICH SUPERSEDES ANY PRIOR PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN THEM AND MONTALVA REGARDING THE SUBJECT MATTER OF THIS CONTRACT.

 

Terms and Conditions updated on 2021/05/17.