General terms and conditions of use of the website and sale in the online store www.tunafunctional.pt
The following information sets out the General Terms and Conditions of this website, including the conditions of sale in the online store.
IN ORDER TO HAVE A CLEAR EXPERIENCE OF USE OF THIS WEBSITE, WE ASK YOU TO CAREFULLY READ THESE TERMS AND CONDITIONS. BY BROWSING THE WEBSITE, THE USER IS CONSENTING TO THE CONDITIONS PRESENTED HERE.
A Ramirez & Cª (Filhos), S.A. (hereinafter, RAMIREZ), with its registered name at Rua do Passadouro, no. 135, 4455-180 Lavra – Matosinhos, Portugal, with a registered capital of €5,000,000, NIPC No. 500226601, registered with the Porto Commercial Registry, is the legitimate owner of the official website http://www.tunafunctional.pt and its subdomains.
- CUSTOMER SERVICE
For further information, clarification of questions about this website or the Terms and Conditions presented herein, or even for any complaints, you can contact RAMIREZ at firstname.lastname@example.org or, if you prefer, by telephone, +351229997878 from Monday to Friday, 09:30 a.m. to 06:30 p.m.
- OBJECT AND SCOPE OF APPLICATION
3.1. The website www.tunafunctional.pt aims at the dissemination and marketing of TUNA FUNCTIONAL brand products.
3.2. These Terms and Conditions apply to any User of the www.tunafunctional.pt website and any and all operations and/or transactions of any nature, carried out through it.
3.3. Any transaction of a commercial nature carried out under Section I shall apply to any User who acts as a professional (B2B) or as a “consumer” (B2C), as defined under the terms of the legislation in force, subject to those provisions which under legal terms apply exclusively to consumers.
3.4. RAMIREZ reserves the right to change unilaterally, at all times and without notice, the presentation and content of the website, including the Terms and Conditions, information about products, prices, promotions, commercial conditions and services. Users are subject to what is in force at the time of consultation and/or use of the website.
- CONDITIONS OF USE OF THE WEBSITE
4.1. In compliance with applicable law, each and every User undertakes to use the website within the conditions applied, while remaining away from any type of activity outside the law, ethics, morals, or third-party interests. Otherwise, RAMIREZ reserves the right of appeal to the competent legal means.
4.2. It is strictly prohibited to introduce links on this site for commercial purposes or without prior authorization from RAMIREZ.
4.3. RAMIREZ has no responsibility for third-party links. In the event that the User visits another website(s), having as starting point the website www.tunafunctional.pt, they will have to read the privacy policies as well as their general conditions of use.
- INTELLECTUAL PROPERTY
All content and information found in www.tunafunctional.pt and its subdomains, are the property of RAMIREZ and therefore the use, reproduction, copy and dissemination, by other means, of logos, texts, images and videos appearing on the website, is subject to prior authorisation to that effect.
- INFORMATION PERTAINING TO THE ONLINE STORE
6.1.1. RAMIREZ refers to information on product features through visual and technical descriptions, photographs and videos illustrating the products marketed.
6.1.2. Photos and videos presented on the website are merely illustrative, so before the User makes an order it is recommended to consult in detail the features of the product to be purchased.
6.1.3. The catalogue of products and quantities available in stock are exclusive to the TUNA FUNCTIONAL online store and independent of availability in physical stores.
6.1.4. RAMIREZ is not responsible for any changes as to the appearance or features of the product that are being made available on the website. Therefore, Users will be subject to technical descriptions, photos and videos that are in force at the time of order confirmation.
6.1.5. However, in case the User sees that the products appearing in the order confirmation email are not correct, they may ask for their immediate change before the order is sent out, sending an email to email@example.com.
6.2.1. The price of each product available at www.tunafunctional.pt and its subdomains is always shown in euros, including VAT at the legal rate in force.
6.2.2. The prices charged as well as any campaigns or promotions are exclusive to the TUNA FUNCTIONAL online store and independent of any amounts charged at the physical stores or third party websites, without prejudice that they usually are coincident.
6.2.3. The price of the products available on the website may be subject to changes. Any changes will not affect orders for which an order confirmation has already been issued via email.
6.2.4. Although RAMIREZ makes every effort to keep all information up-to-date, computer, manual, technical, or any other source errors may occur that cause a substantial change not foreseen by RAMIREZ in the retail price. If the price of the product confirmed by email is substantially lower than the advertised and paid price, you will be refunded the difference. If the price is substantially higher, the User will be informed by email, having the option of accepting a new offer or cancelling the order, as mentioned in clause 10 below.
6.2.5. Only the final menu displayed before the User submits the order request, will include shipping costs, as specified in clause 9 below. There may be other additional expediting costs referring to countries outside the European Union (such as custom taxes), not identified in the final menu, and which are liable to the User.
6.3. PAYMENT METHODS
6.3.1. RAMIREZ makes available to the User several options to pay for their order in www.tunafunctional.pt:
• Bank transfer: The User has a maximum term indicated in the order confirmation email to make the payment, using the data provided for that purpose. Once 48 Calendar Hours have gone by after receiving the order confirmation email, and if RAMIREZ has not received any payment, the order will be automatically cancelled.
• PayPal: With a PayPal account, the User may choose to pay with his/her credit card, bank account or PayPal account balance in any purchase. The User will be redirected to the PayPal page, where he/she must authenticate and validate the payment.
• Bank card: By choosing this payment method, the following details will be required to be filled in to effect the payment: Name of card owner, card number (16 digits), security code (3 digits) and expiration date. This information will be sent by Encrypted Protocol to the company providing the remote electronic payment services, SIBS (Sociedade Interbancária de Serviços [interbank services provider]), without third parties being able to access the information transmitted. This information will not be used by RAMIREZ, except to carry out the required operations for reimbursement, in the case of a return conforming to the exercise of the right of return, or for reporting fraud cases to the police.
• MBWay: the User on choosing this payment method shall introduce the phone number associated to his/her MBWay account and shall confirm the payment directly on the smartphone application.
• ATM: The User has a maximum term of 48 Hours after receiving the order confirmation email to make the payment at an ATM or Homebanking, using the data provided for that purpose (entity / reference / amount). Once 48 Calendar Hours have gone by after placing the order, and if RAMIREZ has not received any payment, the order will be automatically cancelled. Thereby, we advise you to quickly go to the ATM or homebanking in order to avoid the cancellation of the order and to start processing it as soon as possible.
- INFORMATION REGARDING THE USER
7.1. Making purchases through our website does not imply the creation or existence of an online account by the User, provided that he / she has filled in the form called “Billing Details”. However, the User may choose to create an account in order to facilitate future purchases through the online store.
7.2. The User declares and warrants that all information, made available by him, remains correct and up-to-date. If the User finds that the data contained in the order confirmation email is not correct, he/she can immediately request its change by sending an email to firstname.lastname@example.org.
7.3. RAMIREZ is not responsible for the inaccurate information provided by the User or for information that later becomes outdated. Consequently, RAMIREZ has no obligation to make every effort to determine the correct and up to date contact to resume communications with the User, in particular to send the order confirmation email and delivery of the same.
7.4. RAMIREZ is constantly committed to ensuring the security of the information and acknowledges the importance of the protection of the Users’ personal data on the www.tunafunctional.pt website. In the interest of transparency, our Privacy Declaration is permanently available for consulting at www.tunafunctional.pt.
- ORDER PROCESS
8.1. No contract regarding the products available on this website is established between RAMIREZ and the User without the order having been previously accepted by the User and confirmed by receiving the order confirmation email.
8.2. To make any purchase on our website, the User must follow the order process indicated below:
• Browse the pages of the TUNA FUNCTIONAL online store, click on “Online Store” and find the product(s) you want to purchase.
• Add each product to the “Cart” and its quantity by clicking the “Add” button.
• After you have added all the products you want to purchase, finalize the purchase by clicking on “Check Out”.
• Fill in the “Billing Details”.
• Select the payment method.
• Review your order.
• Pay (we recommend that you transfer only the exact amount specified in the final menu and make individual transfers per order).
• Confirm your order (“Confirm Order”).
• Finally, you will receive an order confirmation email (we suggest that you print it or download this copy for future reference).
8.3. The User undertakes to make payment solely according to the indications and payment methods specified above. Otherwise, RAMIREZ is not responsible for the loss of payment or any other damages that may arise.
8.4. All data recorded by RAMIREZ constitute proof of the set of transactions made between the parties, and it is RAMIREZ’s responsibility to file the electronic document in which the contract is formalized, being obliged to keep it accessible to the User.
9.1. RAMIREZ holds ownership of the ordered products until it has received full payment for all such products. Thereby, the processing of the order will only start from the date of your payment (which may or may not correspond to the date of shipment of the order Confirmation email).
9.2. Products from the TUNA FUNCTIONAL online store can be shipped to Mainland Portugal, The Islands, and other countries of the European continent as listed under “Billing Details”.
9.3. RAMIREZ will make every effort to ensure that, unless exceptional circumstances, the products contained in the order confirmation email are delivered to the User on the date indicated therein.
9.4. In the absence of a date indication and upon availability of stock, the following delivery times are referred to:
• Mainland Portugal and Mainland Spain: within 2 to 3 working days from the date of payment.
• Archipelago of Madeira and the Azores and in Spain: between 3 and 5 working days from the date of payment.
• Other European countries (except Portugal and Spain): less than 5kg, between 2 and 4 working days, more than 5kg per order up to 10 working days from the date of payment.
9.5. Weekends or holidays are not counted for estimated delivery of orders, since deliveries are performed only from Monday to Friday.
9.6. The above-mentioned dates are a mere indication. In addition to the shipping time varying depending on the carrier and the order destination, the above dates may change, in particular due to stock unavailability, carrier contingencies or force majeure events beyond RAMIREZ’s reasonable control. RAMIREZ is not responsible if the delivery is not made within the estimated time.
9.7. If, for any reason, RAMIREZ is unable to deliver on the scheduled date, the User may be informed accordingly and may be given the option to accept a new date or cancel it.
9.8. If more than one product is ordered, RAMIREZ reserves the right to split the delivery of the order, in particular if part of the order is delayed or temporarily unavailable. In which case efforts will be made to promptly inform the User of the phased delivery.
9.9. An order or part of it is considered delivered with the signature of the delivery receipt at the address indicated by the User.
9.10. All deliveries will have a shipping cost that will appear in the final menu before the User submits his / her order, with the exception of promotional campaigns, expressly indicated on the website, in which RAMIREZ waives the cost in question.
9.11. The shipping cost can vary significantly between countries.
9.12. It is up to the User to check with the local authorities the conditions of import or use of the products he/she intends to order. RAMIREZ is not liable in case of violation of the law of the country where the order is delivered, namely customs withholding.
- CANCELLATION OF THE ORDER BY THE USER
The User may request the cancellation of his / her order until the date of shipment, with no reason for doing so, being entitled to the refund of all amounts paid, by sending an email to email@example.com.
- USER’S RIGHT OF FREE RESOLUTION
11.1. In accordance with the legislation in force and without prejudice to the provisions of the following clause relating to situations of non-conformity of the purchased product, the User may always exercise his right of free resolution within 14 (fourteen) days of receipt of the ordered product without having to provide any justification. To this end, the User shall contact our email address: firstname.lastname@example.org.
11.2. The User will have to preserve the products in order to be able to return them in the proper conditions of use, with all its original components, accessories and packaging and without having been opened or consumed (in the case of food products).
11.3. In case the right of free resolution is exercised, the price of the purchased product will be refunded. The return costs are borne by the User.
- RESOLUTION / REPLACEMENT DUE TO LACK OF CONFORMITY OF THE PRODUCT
12.1. Products purchased by the User acting as a consumer shall enjoy a legal guarantee of 3 (three) years from the date of delivery, under the legislation in force.
12.2. All products are subject to their shelf life. Therefore, products with a shorter shelf life than the warranty period are not covered by the above mentioned warranty period, in particular perishable, consumable, or limited-durability products which by their very nature are incompatible with the application of the warranty scheme.
12.3. The User should report the non-conformity within 2 (two) months from the time he /she takes notice of it.
12.4. RAMIREZ will bear the costs of returning or collecting the non-conforming item for replacement within the time limit of its legal warranty. In case of return RAMIREZ will refund the amounts paid, including return charges.
12.5. To avoid any doubt, in the case of return of items purchased in the context of commercial campaigns or promotions, will be refunded only the amount you actually spent on the purchase of the product you want to return or exchange.
- RETURN / REPLACEMENT PROCESS
13.1. The return or collection of the products ordered for replacement mentioned in the preceding clauses should be carried out through the same carrier that delivered the products to the User’s address, as follows:
• Place the item in a box. You can use the original packaging where you received the order or other cardboard box, as long as it is not damaged. In case you use the original packaging, empty it and place only the item you intend to return. Close the box and seal it with sellotape. If the box has any labels, stickers, or other materials from previous shipments, remove them.
• The collection will be made within a maximum of 5 working days after you have made the return request. You will be contacted by customer support services to schedule the collection of products. If you are not at the address indicated at the time of collection, a new collection will be scheduled on a date/time to be agreed between the User and the carrier.
• Collections are not made on public holidays and weekends.
• After receiving the product in our warehouse, the Quality Department will verify that the product complies with our requirements for the above-mentioned Return or Replacement. If so, the Return will be confirmed, or the refund made.
• For the refund of the amount paid, RAMIREZ makes available to the User two options: issuance of a credit note for the returned Products, which can be refunded only in the TUNA FUNCTIONAL online store for a maximum term of 6 months from the date of issue; or the refund itself, through the same form of payment used in the purchase
13.2. The collection from the carrier arrangement will be made by RAMIREZ within 5 working days after receipt of the exchange/return confirmation. The collection will be made from Monday to Friday with no specific time schedule available.
13.3. Upon receipt of all or only part of the products ordered at our facilities, these will be processed within a maximum of two working days. In case the return is confirmed, the User will be reimbursed as provided in clauses 11.3. and 12.4.
- REFUSAL / SUSPENSION OF THE ORDER BY RAMIREZ
14.1. Without dispensing with the provisions of the preceding articles, RAMIREZ reserves the right to refuse or suspend order requests as well as orders already confirmed by email, where it finds grounds for doing so, in particular:
• If there is suspicion that the order was placed by a User who does not act as a consumer.
• If the order has been signalled by the website Security Systems as an incorrect, irregular or fraud prone order.
• If there is suspicion regarding the User’s inability (e.g. for being a minor).
• For failure to pay within the provided time or of sufficient guarantee for effective collection.
• If there is a need to control an eventual over submission, due to production management issues, stock shortage or as it may deem appropriate.
14.2. Situations where all efforts will be made to promptly inform the User of such refusal or suspension. Where there is a complete or partial refusal of an order already confirmed through the order confirmation email, the User will be reimbursed for the full amount paid.
15.1. RAMIREZ refuses to be liable for any type of indirect loss or damages as well as it cannot be responsible for damages suffered by third parties due to the use of its products, nor as a result of its misuse.
15.2. The provisions of this clause are without prejudice of the legal rights of the User, as a consumer.
- ALTERNATIVE DISPUTE RESOLUTION
16.1. The User has the right to exercise his / her right of complaint by sending an email to email@example.com or calling +351 229997878, or otherwise, can also do so using the Electronic Complaints Book available for this purpose. So, before triggering any extrajudicial means referred to in clauses 16.2 and 16.3., the parties favour obtaining an amicable, fair and appropriate solution within a maximum period of 60 (sixty) days from receipt of the communication addressed for that purpose.
16.2. The European Union has set up a website to support consumers in submitting their complaints about any dispute they may be involved in. In this context, RAMIREZ makes all information available so that you can exercise your right of complaint to an official, third party and impartial body to the process. Thus, if you were unhappy with the purchase of a good or service on our website, or with the solution we presented to resolve the situation, you can access this official website https://ec.europa.eu/consumers/odr and present your complaint.
16.3. Pursuant to Article 18 of Law No. 144/2015 of 8 September, RAMIREZ Portugal informs that, in the event of a dispute, the consumer has the possibility to resort to Alternative Dispute Resolution entities:
• CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (National Centre for Information and Arbitration of Consumer Disputes)
• Centro de Arbitragem de Conflitos de Consumo de Lisboa (Lisbon Consumer Disputes Arbitration Centre)
• Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral (Consumer Disputes Arbitration Centre of Vale do Ave/Arbitral Tribunal)
• CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Centre for Consumer Information, Mediation and Arbitration) (Consumer Arbitration Court)
• CIMPAS – Centro de Informação, Mediação e Provedoria de Seguros (Insurance Information, Mediation, Ombudsman and Arbitration Centre)
• CICAP – Tribunal Arbitral de Consumo (Consumer Arbitration Court)
- LAW AND FORUM
17.1. These Terms and Conditions shall be governed in all their aspects by Portuguese Law.
17.2. In the event of a dispute regarding the interpretation or enforcement of these Terms and Conditions, before any judicial means are invoked, the parties undertake to obtain an amicable solution, which is fair and appropriate, within a maximum period of 60 (sixty) days from receipt of the communication addressed for this purpose by any of the parties involved.
17.3. In the absence of an amicable solution, in accordance with the provisions of the preceding paragraph, the parties shall fix as competent jurisdiction the Tribunal da Comarca do Porto (Tribunal of the District of Porto), to the exclusion of any other.