Customer Service and User Agreement
AUGUSTA GOURMET On Line Sales Customer Service
Phone: +351 212 472 940 (Monday through Friday, from 9,00 a.m to 6,00 p.m G.M.T.)
The company BUY FOR ME, Lda, with its registered office at 249, Av. S. Miguel, 1st. floor, office 70, 2775-751 Carcavelos, LISBON-PORTUGAL and the intra-community VAT number /registration n. 508292360, operates and owns the AUGUSTA GOURMET web site which can be accessed using the address: http//www.augustagourmet.com (referred to hereinafter as “the Web Site”).
BUY FOR ME conducts on line sales activities representing Portuguese producers and acting as their intermediary, via this Web Site.
The system, established in this manner, presupposes an active process on the part of the client, who is an internet user with a functional e-mail address, an individual or the representative of a legal entity, either professional or private, with the technical resources needed to use the service, which can be accessed via the Web Site and for which he/she is responsible and for which he/she bears the inherent costs of the internet connection allowing him/her to connect to the Web Site.
These general conditions for on line sales govern all relations between BUY FOR ME and its clients, within the framework of a distance selling system, and the two parties accept them unreservedly. These general conditions, which can be viewed on line at the Web Site’s principal address, as well as downloaded and printed, take precedence over all other reproduction media.
Prior to placing an order for products, the Client declares that he/she is fully aware of the following provisions and expressly and irrevocably accepts the terms outlined below.
Web Site: The web site, which can be accessed using the address: http//www.augustagourmet.com on which BUY FOR ME offers products for sale.
Purchaser – Client: the individual or representative of a legal entity, professional or private, who purchases one or more products offered for sale by the company BUY FOR ME via the Web Site and who does not subsequently resell them.
Vendor – BUY FOR ME, Lda: the company represented by its legal representative, its employees and agents identified by the Web Site, with whom the Client concludes a distance selling contract.
Parties: the Purchaser and the Vendor.
Order: The Client’s Purchase Order, on the Web Site, for one or more products.
Payment irregularity: a non-payment, a late payment, a partial payment of the amount due, a rejection of a payment method or a refusal by the bank at which the account is held to action a payment.
ARTICLE 1: SUBJECT
The purpose of these general conditions is to outline the purchasing conditions to which the Client unreservedly subscribes by using the Web Site in order to choose one or more products selected and displayed by the Vendor, to proceed with a purchase and to obtain delivery to the place of his/her choice.
Our offers are reserved exclusively for private clients, individuals or legal entities, for use without resale.
Any individual or legal entity wishing to purchase Portuguese products in order to resell them is invited to contact Buy for Me, via the e-mail address: firstname.lastname@example.org
ARTICLE 2: ENFORCEABILITY OF THE GENERAL CONDITIONS
This Web Site operates according to the Directive n.º 2000/31/CE, of the European Parliament and Counsel, of June 8th 2000, and ANACOM’s Decreto-Lei n.º 7/2004, de 7 de Janeiro governing electronic signatures, the deed by means of which the client confirms his/her order via a computerized transaction, which is outlined to him/her on the Web Site, or who gives his/her consent by phone, represents an irrevocable acceptance of the applicable general conditions.
The general conditions appearing on the Web Site therefore take precedence over all other conditions of sale that may appear in other documents issued by Buy for Me.
The fact that the Vendor has refrained from exercising any one of the general conditions, at a given moment, may not be interpreted as a subsequent definitive waiver of any one of the general conditions by the Vendor.
ARTICLE 3: ORDERS
3.1. Protection of minors and the sale of alcohol
Pursuant to the provisions of Decreto-Lei n.º 9/2002 January 24th, the sale of alcohol to minors is prohibited. The purchaser must have the legal capacity required pursuant to article 3.2 of these general conditions of sale.
On delivery, Buy for Me reserves the right to ask for proof of identity.
3.2. The purchaser’s legal capacity
Only individuals, who are legally capable of concluding contracts for the products offered for sale by the company BUY FOR ME, may place an order.
The client declares to the company BUY FOR ME that he/she has complied with the General Conditions for Distance Selling and, in order to conclude the sale, has reached the age of legal majority and is neither under the protection of a guardian nor is he/she a ward when placing the Order.
If he/she represents a legal entity, he/she declares that he/she has the authority to commit the legal entity to a distance selling “client-supplier” contract.
3.3. Placing an order
3.3.1. User ID and password
When placing his/her first Order, and in order to personalise his/her relationship with BUY FOR ME on the Web Site (www.augustagourmet.com), the Client may create an account on the Web Site. In order to do so, the Client must enter a User ID and a personal password. A check is then undertaken by the IT system with the aim of verifying that the User ID is unique.
The User ID and the personal password provide proof of the Purchaser’s identity and commit him/her to any Orders placed using them, subject to the individual exercising the right of retraction, as outlined in article 15 of these general conditions.
They have the status of an electronic signature pursuant to the law of 13 March 2000. The Purchaser’s User ID and personal password are his/her responsibility and he/she alone will bear the consequences that may result from any use of them by third parties into whose hands they may fall, unless the Purchaser can prove that knowledge of his/her personal password and User ID by third parties is the result of a direct error on the part of BUY FOR ME.
Should the Purchaser forget his/her User ID or personal password or should he/she believe that they have become known to a third party, the Web Site provides the Purchaser with a function explaining how to obtain a reminder of his/her User ID and to choose a new password at any time.
Using his/her User ID and personal password, the Client may subsequently access the Web Site at any time in order to place Orders.
By using the Web Site, the Client agrees to provide all the information needed to place his/her Order: specifically, his/her identity – address – delivery address where this differs – his/her telephone number and the chosen payment method for the Order. As regards payment by credit/debit card, the Client must have his/her card to hand in order to verify the type of card and to confirm the information appearing on it: its number, expiry date and security code and all the details needed for payment.
It is the responsibility of the Client to carefully check the information he/she provides and the products forming the subject of his/her Order before finally confirming it.
The Order processing system allows him/her to review his/her Order in order to amend it or correct any possible errors before finally confirming it. BUY FOR ME may not be held responsible for errors on the part of the Client.
3.3.2. Order confirmation
Placing an Order represents acceptance of the price, the characteristics of products featured on the Web Site and the delivery terms.
The Client places an Order by clicking on confirm for the entire Order.
Once the Order has been received, BUY FOR ME will confirm acceptance of the Client’s Order, as rapidly as possible, using the method of his/her choice: electronic mail using a confirmation e-mail. The sale will only be concluded when the Order is confirmed by BUY FOR ME and, at the latest, when it is delivered.
3.4. Rejection of an order by BUY FOR ME
BUY FOR ME is entitled to reject any order for a legitimate reason; i.e. in the event of proven financial difficulties on the part of the Purchaser – payment irregularities – foreseeable problems affecting delivery, Orders placed in bad faith by the Purchaser, or even for the Vendor to confirm the Purchaser’s identity by asking him/her to provide official proof in this respect.
ARTICLE 4: DELIVERIES – LEAD TIMES
4.1. Receipt of products
Risk will be transferred on receipt of a delivery by the Client at the agreed location. The Client must check the condition of products on arrival and, where necessary, take recourse against the carrier.
In the event of missing, lost or damaged goods, the Client must express all the reservations that he/she deems useful to the carrier responsible, when the products are delivered:
*Immediately and definitively stating the nature and extent of the damage on the delivery note when the goods are received.
*Confirming the justified complaint to the carrier, by means of a registered letter, within three days following receipt of the items transported, at the latest.
These two conditions are indivisible and mandatory for calling the carrier’s liability into question. A Client complaining of a partial loss or damage must state that it existed at the time of delivery.
BUY FOR ME is released from its obligation to deliver in exceptional circumstances (complete or partial strikes, destruction, fire, etc.) and cases of force majeure. In such cases, BUY FOR ME will reimburse the amount paid by the Purchaser for the undelivered Order or will deliver on a date to be agreed with the Client. Compensation will not be paid to the Client because of a non-delivery, in any circumstances.
On delivery, the Client may be obliged to provide proof of his/her identity, on the request of the carrier. In the event that the Client should refuse to produce his/her proof of identity or even in the event of discrepancies between the official document produced and the information gathered by BUY FOR ME, the company reserves the right to cancel the sale and reimburse the cost of the products.
4.2. Delivery lead times
Lead times for standard handling is 1-5 business days, Monday to Friday.
In exceptional cases, the costs may vary between the Order date, its confirmation by BUY FOR ME and delivery. In this case, BUY FOR ME will specify the new cost in the e-mail confirming the Order and will await the Client’s definitive acceptance of this new charge. Should the Client fail to respond within a period of 48 hours following the confirmation e-mail, the Order will be considered cancelled.
The product or products forming the subject of the Order will be delivered within a period of 2 to 20 Business Days (depending on the world region and chosen shipping method) following confirmation of the aforementioned Order. This lead time is provided for information only and does not, in any way, represent a commitment on the part of BUY FOR ME, which makes use of the services of contractors for carriage.
4.4. Delivery terms depending on the carriers appointed by BUY FOR ME
By express agreement between the Parties, BUY FOR ME is authorized to appoint the carrier of its choice to make deliveries.
Delivery lead times may be modified during holiday periods. BUY FOR ME rejects all responsibility for late deliveries during holiday periods.
Delivery lead times are also automatically suspended by any event beyond the control of the Vendor, which has the effect of delaying deliveries.
The Purchaser must provide the Vendor with the exact information needed for delivery (door code, floor, possible delivery days and times, telephone number, etc.).
The Vendor rejects all responsibility and all claims for compensation in the event of a delay caused by inaccurate or erroneous information from the Purchaser.
4.5. Options and terms for returning deliveries
In the event that the Purchaser or the recipient of an Order, where the latter is not the Purchaser, refuses to accept delivery of the Order or wishes to return one or more products covered by the Order, BUY FOR ME will reimburse the Purchaser for the amount of the product or products returned as well as the return costs, on condition that all of the following conditions are met:
The Purchaser or recipient, as the case may be, must make contact with BUY FOR ME’s On Line Sales Customer Service Department:
- The products in question must not have been opened or unpacked,
- They must be returned in their original packaging, or in new packaging, which is sufficiently robust and properly sealed, if the original packaging has been damaged,
- They must be returned within a period of 7 (seven) calendar days from the date on which the Order was received,
- The Purchaser or Recipient must retain proof of posting/dispatch of the parcel; in effect, BUY FOR ME regrets that, without this proof of posting/dispatch, it is not able to reimburse the costs of any parcel not received by it.
Given their nature and the fragility of our chocolate and alcoholic products, we regret that we are unable to include them in the list of products that can be returned to us. Furthermore, we are also unable to accept returns of hampers/gift boxes, whatever their contents.
ARTICLE 5: PRICES
Orders are invoiced in Euros.
The prices applied are those in force on the day on which the Order is placed. Prices are expressed in euros (including VAT, only for the Portuguese territory), other taxes applied must be paid by the customer in the customs of their own country, unless stipulated otherwise on the Web Site.
As a result of fluctuations in exchange rates, adjustment of transport costs, materials, etc., these prices may be subject to change. BUY FOR ME therefore reserves the right to modify its prices without prior notice.
Clients located outside mainland of Portugal must obtain information regarding import duties or taxes that may apply to their Orders and assume complete responsibility for both declaration and payment.
ARTICLE 6: PAYMENT
Payment for Orders must be made by credit/debit card (CB, VISA, EUROCARD/ MASTERCARD, AMERICAN EXPRESS), Paypal and all the other payment systems of Moneybookers.
With the exception of exercising his/her right to retract or cancel the Order, as outlined in article 15 of these general conditions, the Client making a payment by credit/debit card may not cancel it.
Proof of the price of the Order appears on the purchase order, produced in HTML format, which is stored securely on BUY FOR ME’s server. The price defined in this manner is fixed and final. The Client receives an electronic mail containing a payment confirmation e-mail.
ARTICLE 7: LATE PAYMENT – NON-PAYMENT
In the case of the late payment of an invoice or bank account irregularities, the amounts due will bear interest at three (3) times the legal rate, without the need for formal notice; this clause not affecting the payable nature of the debt.
In the case of late payment or unpaid invoices, BUY FOR ME reserves the right to suspend all deliveries and cancel Orders in progress.
ARTICLE 8: CANCELLATION OF A SALE
Should the Client fail to fulfill any one of his/her obligations, in particular those relating to payment, BUY FOR ME reserves the right to automatically cancel the sale and recover ownership of the goods. Any possible deposits and part payments made by the Client will remain in the possession of the Vendor as initial compensation, without prejudice to any other claims.
ARTICLE 9: INABILITY TO DELIVER
By express agreement, all events of any kind beyond the control of BUY FOR ME, including exceptional circumstances, force majeure, accidents, strikes, official rulings or transport stoppages, which may delay, prevent, or exorbitantly increase the cost of delivery, represent a cause for suspending or terminating BUY FOR ME’s obligations, as it sees fit, without any compensation for the Client.
BUY FOR ME will inform the Client, by any appropriate means, of the existence of any such events and will reimburse the cost of the undelivered Order. A new delivery may be scheduled, on the basis of conditions to be agreed, if required by the Client.
ARTICLE 10: RETENTION OF TITLE CLAUSE
All sales are concluded with retention of title.
As a result, the transfer of ownership to the Purchaser of products sold is suspended until full payment of the price.
The risks are borne by the Purchaser once the products sold are delivered to the agreed location subject to the retention of title.
The Purchaser is solely and entirely responsible for all damage that the products may suffer or cause, for whatever reason, following delivery.
ARTICLE 11: COMPLIANCE – GUARANTEE – LIABILITY
On receipt of his/her Order, the Client must ensure that the products delivered comply with his/her Order in all respects.
Should this not be the case, the Client must inform BUY FOR ME, LDA of this at the following address: AUGUSTA GOURMET On Line Sales Customer Service – 249, Av. S. Miguel, 1st floor, office 70, 2775-751 Carcavelos, Lisbon-Portugal, by registered letter with an acknowledgement of receipt within a maximum of seventy two (72) hours following receipt of the product or products in question.
BUY FOR ME’s products on the Web Site are subject to the following guarantee conditions:
As regards compliance: provisions which relate to individual and trade consumers.
As regards hidden defects: In the event of hidden defects noted by the Client, after examining the product, the Vendor may replace the item with the same or an equivalent product.
BUY FOR ME’s position as a distributor means that wines and spirits are subject to the issue of receipts and that, as a result, BUY FOR ME is obliged to refuse to accept returns of these types of products.
ARTICLE 12: PRODUCTS – INFORMATION
The products appearing on the Web Site comply with current Portuguese legislation and the standards applicable in Portugal. Should this not be the case, the offending product is removed from the Web Site as rapidly as possible.
Each product appearing on the Web Site forms the subject of a fact sheet, which can be accessed by clicking on the photo of the product. This fact sheet outlines the key characteristics of the product: its name, weight, composition, photo and price (according to the information provided by the producer). These details are provided for the Purchaser’s information and are not exhaustive.
All photographs of or information on products displayed are non-contractual. In the event of a clear discrepancy between the characteristics of products and their presentation on the Web Site, BUY FOR ME will not be held responsible.
The products and prices offered by the Vendor are valid for as long as they are visible on the Web Site, while stock is available. The Vendor rejects all responsibility for shortages of stock or the unavailability of products.
Information on product availability is provided when the Purchaser places his/her Order. There may be errors or modifications in exceptional cases, specifically in the event of simultaneous Orders for the same product from a number of Purchasers. In the event that a product is unavailable after an Order has been placed, the Vendor will inform the Purchaser by e-mail or phone, as quickly as possible, and will offer him/her a number of solutions:
Either to postpone delivery whilst waiting for supplies of this product, where this is possible, or to order another product appearing on the Web Site as a replacement, or to cancel the Order. If the Purchaser chooses to cancel the Order, the cost will be reimbursed within 30 days from the payment date, at the latest, if the Purchaser’s has already paid.
The Vendor reserves the right to change the articles appearing on the Web Site at any time, without notice.
ARTICLE 14: PROPERTY RIGHTS – THE BRAND IMAGE OF PRODUCTS
Whatever the media, all items appearing on the Web Site, which are registered or not, without this list being complete: style guide, software, database, price offers, photos, catalogues, images, sound, video and other promotional or non-promotional documents, are the exclusive property of the brands represented by BUY FOR ME, on the one hand, and are protected by intellectual property legislation, on the other.
Any use or reproduction whatsoever of the items on sale on this web site is prohibited without the prior written agreement of the brands in question.
The company intends to protect and control the use the image of the brands present in the web site by the Client when the latter uses the products sold in accordance with these general conditions.
The Client specifically undertakes not to refer to, use or reproduce, on any media whatsoever, the name of the companies present in the web site and the brands it owns and/or which it markets, without prior express authorization.
ARTICLE 15: RIGHT OF RETRACTATION APPLICABLE TO PRIVATE INDIVIDUALS AND TRADE CLIENTS
Pursuant to the provisions of Directive n. º 2000/31/CE:
The Purchaser therefore has a withdrawal period of seven (7) clear days from the day on which he/she receives products ordered within which to return them, at his/her cost, to the following address, BUY FOR ME On Line Sales Customer Service, where clause 4.5 may apply.
If this period ends on a Sunday, a public or national holiday, it is extended until the next working day. If the Purchaser exercises his/her right of retraction, the Vendor undertakes to reimburse the amounts paid within a maximum of thirty (30) days following receipt of returned products, by any appropriate payment method. In response to a proposal by the Vendor, a Purchaser having exercised his/her right of retraction may nevertheless opt for another reimbursement method.
The right of retraction does not apply to fresh and perishable products pursuant to the provisions of Directive n. º 2000/31/CE.
ARTICLE 16: INFORMATION ON GATHERING PERSONAL DATA – CONFIDENTIALITY
The information requested from the Client, when he/she enters his/her details on the Web Site, is needed for BUY FOR ME to process his/her Order.
The information entered by the Client on the Web Site for the purposes of his/her Order and on any other document exchanged as part of the application of these General Conditions may form the subject of automated processing for administrative and commercial management purposes.
This web site is registered on the COMISSÃO NACIONAL DE PROTECÇÃO DE DADOS, and is therefore obliged act according to the Portuguese law on this matter (http://www.cnpd.pt/bin/legis/leis_nacional.htm).
ARTICLE 17: PARTIAL INVALIDITY
Should one or more clauses of these General Conditions be deemed invalid or declared as such pursuant to the law, a decree or regulations or as the result of a definitive ruling by a competent court, the other clauses will retain their full force and scope.
ARTICLE 18: CORRESPONDENCE – PROOF – NOTIFICATIONS
By express agreement between the Parties, communication between them may specifically take place by e-mail.
The Parties will implement all the necessary security measures allowing them to guarantee the availability, integrity and confidentiality of data exchanged.
They will also implement all other useful measures, including firewalls and virus protection, routinely updated and correctly parameterized, in order to protect themselves in the most effective manner against intrusion, attacks and the spread of viruses, in order to guarantee the availability, integrity and confidentiality of information received.
The Parties will back up (save) all messages transmitted in relation to the subject of these general conditions in the most appropriate and secure manner.
ARTICLE 19: RETAINING AND ARCHIVING ORDERS
Pursuant to the Portuguese legislation, purchase orders and invoices will be archived on a reliable and durable media. This web site is linked through a program to the Portuguese Finance Ministry, which monitors and records all this web site’s commercial activities.
ARTICLE 20: DISPUTES – ALLOCATION OF JURISDICTION
These general conditions are governed by Portuguese and European laws.
Any disputes arising from the interpretation and/or implementation of the aforementioned general conditions, will give rise to an attempt at amicable settlement between the Parties. In the event that an amicable settlement cannot be reached, the dispute will settled in the TRIBUNAL COMERCIAL DE LISBOA.
1- The only competent jurisdictions, in the event of a dispute of any kind or difference relating to the composition or performance of an order, are the Courts for the Company’s registered office.
2- Acceptance of payments by the Company does not imply either novation or derogation from this allocation of jurisdiction.
3- No clause to the contrary on the part of the Purchaser may derogate from this clause.
- Identity of the author of the offer: BUY FOR ME, Lda.
- Company registration no.: 508292360
- VAT Number: 508292360
- Headquarters: Av. S. Miguel, nº 249, 1º andar, Escr. 70, 2775-751 Carcavelos, Portugal.