General terms and conditions of sale of the online store www.ramirez.pt

  1. OWNERSHIP OF THE RAMIREZ ONLINE STORE

Ramirez & Cª (Filhos), SA (hereinafter RAMIREZ or simply Seller), with registered office at Rua do Passadouro, 135, 4455-180 Lavra − Matosinhos, Portugal, with a share capital of EUR 5,000,000, TIN 500226601, registered at the Commercial Registry Office of Oporto, is the legitimate owner of the official website whose domain can be found in http://www.ramirez.pt.

 

  1. CUSTOMER SERVICE

2.1. For further information or to clarify any doubts, you can contact RAMIREZ through the e-mail ramirez@ramirez.pt or, if you prefer, by phone +351 229997878, from Monday to Friday, from 09:30 a.m. to 6:30 p.m.

 

  1. PURPOSE AND SCOPE

3.1. These General Terms and Conditions of Sale regulate exclusively the purchase and sale made in the online store of RAMIREZ, between the Final Consumer as buyer and RAMIREZ as seller, and apply to all the visitors of the www.ramirez.pt website as well as any commercial transaction carried out through this online store.

3.2. Browsing in the site, as well as the purchase of any product on www.ramirez.pt implies the acceptance of these general conditions of use and contracting.

3.3. RAMIREZ sells canned fish and will be the entity responsible for selling the articles of the said brand on the www.ramirez.pt website, and all e-commerce services are only available to final consumers.

3.4. A final Consumer or User or Buyer is considered to be any person who acts/purchases with a purely personal purpose, outside of his/her business or profession, without any desire to resell the articles he/she acquires in the RAMIREZ online store.

3.5. RAMIREZ reserves the right to change these conditions of use and contracting, without prior notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions and services, though any alteration will always be published on the www.ramirez.pt website.

3.6. RAMIREZ reserves the right not to process any orders received from users other than Final Consumers or those that do not comply with the general conditions of sale of the RAMIREZ online store.

3.7. The Final Consumer shall provide to RAMIREZ, as seller, an e-mail or postal address, or the data relating to another form of contact that is correct and complete, and accepts that RAMIREZ can contact him/her using this data, for the sole purpose of promoting or selling its products.

 

  1. INFORMATION ON THE CONTENTS OF THE RAMIREZ ONLINE STORE

4.1. The www.ramirez.pt website is intended for private use only, so the reproduction, transfer, distribution or storage of the contents of the Ramirez online store without prior written consent is prohibited for any purpose other than strictly personal use.

4.2. The introduction of links of our site for commercial purposes is expressly prohibited without prior consent from RAMIREZ, as well as the use of the domain www.ramirez.pt for abusive purposes and, if that should happen, it will be liable to recourse to the competent legal means on the part of RAMIREZ.

4.3. In the event that you find links that allow you to access www.ramirez.pt in other sites or references to the RAMIREZ online store, we inform that RAMIREZ does not have any responsibility for such links or pages nor for the contents inscribed therein.

4.4. We are strongly committed to ensuring that the information presented on www.ramirez.pt is free of typographical errors and will correct them as soon as possible, whenever they occur.

 

  1. COMMERCIAL POLICY

5.1. If the information presented does not correspond to the characteristics of the product, the Customer has the right to terminate the purchase and sale contract pursuant to the applicable legal terms.

5.2. The photographs presented on the website are purely illustrative. Therefore, we recommend that you check the detail of the product for further information about the characteristics of the items you want to purchase.

5.3. Prices and product specifications are subject to change without notice. Despite the extreme care of RAMIREZ to keep all information up to date, some products may contain an incorrect price, so we will check prices whenever we process the orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the Final Consumer by email and we will await his/her decision to accept the new proposal or cancel the order.

5.4. The product catalogue of the RAMIREZ online store is independent of the physical stores, both at price level and the level of products presented and quantities in stock. All promotional campaigns have a limited stock and are exclusive to the RAMIREZ online store.

5.5. The validation of the purchase request or order assumes that the Buyer has knowledge and accepts the General Terms and Conditions of Sale of the www.ramirez.pt website.

5.6. All data recorded by RAMIREZ constitute proof of the set of transactions carried out between the Seller and the Final Consumer, and it is the responsibility of RAMIREZ to file the electronic document in which the contract is formalised, undertaking to keep it accessible to the consumer.

 

  1. OBLIGATIONS OF CUSTOMERS AND USERS

6.1. Any visitor to the www.ramirez.pt website undertakes to comply with and respect these general conditions, in particular by observing the following obligations:

  • It is prohibited to introduce, store or disclose through the RAMIREZ website defamatory, obscene, insulting, xenophobic and/or any other content that violates the general principles of law and public order;
  • Save and not disclose your password to the website in order to prevent third parties from accessing your account and personal data;
  • Do not use false identities;
  • Provide your personal data and correct addresses so that RAMIREZ can properly process the orders;

6.2. The Final Consumer is solely responsible for the veracity of the personal data communicated to RAMIREZ and undertakes to immediately insert and report any change through his/her registration account on www.ramirez.pt.

 

6.3. RAMIREZ disclaims any responsibility for any delay or impossibility of processing the order resulting from error or insufficiency of the data communicated by the Final Consumer, namely at the time of delivery.

  1. ONLINE ORDERING

7.1 To place an order on www.ramirez.pt it is necessary that the User has a valid email account and simply insert all the products that the Final Consumer wants to purchase in the virtual shopping basket, following all the steps of the purchase so that it is completed successfully.

7.2. Placing an order on www.ramirez.pt is very easy:
– Browse the pages of the RAMIREZ online store, click Online Store and find the product(s) you want to purchase.
– Add the products you want to the Shopping Basket by clicking the Add to Basket button.
– When you think that you have already chosen all the products you want to purchase, you should complete the purchase by clicking Finish.
– Then fill in your personal data in a very simple form (be very careful when filling in the address).
– Then select the method of payment.
– Review your order.
– Make the payment, thus confirming the order.
– Finally, you will receive an order confirmation by email.
– When you select the Exit button, at the end of the purchase process, your order is confirmed and you only have to wait the expected days for the postal delivery of the items.

7.3. As soon as you complete your purchase, you will receive an automatic email confirming the transaction. We suggest you print or download this copy for future reference. In case the data is not correct, you can immediately ask for it to be changed or even cancel the purchase made.

7.4. In case of non-confirmation of payment or non-compliance with these General Terms and Conditions of Sale, RAMIREZ reserves the right not to accept your order or to cancel it in whole or in part, even after automatic confirmation.

 

  1. PRODUCT AVAILABILITY AND ORDER CONFIRMATION/CANCELLATION

8.1 RAMIREZ only processes an order made by a customer after confirming its payment, and therefore cannot guarantee the availability of the articles until the beginning of the said processing.

8.2. In the confirmation of the order, you will find the estimated date for shipping the products, after confirming the payment. Of course, the estimated delivery time may vary depending on the carrier and the destination of your order.

8.3. RAMIREZ only dispatches on weekdays. Thus, to estimate the time of delivery of orders, weekends and holidays are not counted. Any delay in the dispatch of articles, in view of the estimated dates presented, does not confer the right to compensation.

8.4. Satisfaction of all orders placed on the website is subject to availability of the products. RAMIREZ tries to ensure that all products offered for sale on the website are in stock. However, RAMIREZ reserves the right not to accept any orders or cancel orders already confirmed for products that are no longer in stock. In case of unavailability of the product and/or stock breakage, RAMIREZ will immediately inform the Final Consumer of the partial or total cancellation of your order, and the buyer is entitled to a refund of the amount paid.

 

  1. ORDER CONFIRMATION OR CANCELLATION

9.1. RAMIREZ may not validate the order that does not have sufficient guarantee of good payment, when the order is incomplete or incorrect, or when the ordered products are no longer available. In any of the cases mentioned, RAMIREZ will inform the Final Consumer by e-mail that the contract of sale has not been made and that RAMIREZ has not carried out the sale, specifying the reasons for this.

9.2. If the products ordered on www.ramirez.pt are no longer available at the time of your last access to the website, although you have obtained confirmation of the order, or when RAMIREZ receives your order, the Seller will immediately inform the User of the unavailability of those products, never exceeding the time limit of 30 days after receipt of the order.

9.3. If an order has been placed, and its payment made, for products that meanwhile became unavailable, RAMIREZ will reimburse the money paid for the unavailable items.

9.4. RAMIREZ reserves the right to refuse any order, provided that it has a basis, in particular in the following situations:

  • The information on the invoice is not correct or verifiable;
  • The order is flagged by the Site Security Systems as an incorrect, irregular order or an order that is susceptible to fraud;
  • When the payment for the order was not transferred within 2 business days of accepting your order;
  • When it is not possible to deliver the order at the address provided by the User;
  • If it is considered that the Buyer did not have the capacity to perform that act;
  • If there was an error in the presentation of the price of the product(s);
  • If the order is presumed to originate from a retailer.

 

  1. PAYMENT CONDITIONS AND SECURITY GUARANTEES

10.1 The methods of payment available are presented on www.ramirez.pt. We do not accept any other payment methods other than those mentioned.

10.2. You can pay for your products using your usual credit and debit cards, through the SIBS payment gateway, or by using your personal Paypal account. You can also pay your order by using the ATM reference in ATMs or home banking, and you will be provided with all the necessary instructions for this method of payment (entity/reference/total amount), or MB WAY, where you have 4 minutes to authorise the transaction on your mobile phone.

10.3. For payments using credit or debit card, all details (such as card number, expiry date or security code) will be sent by the Encrypted Protocol to the company providing the remote electronic payment services, SIBS, without third parties having access to the information transmitted. This information will not be used by RAMIREZ, except to perform the operations necessary for reimbursement, in case of return in accordance with the exercise of the right of return, or for reporting cases of fraud to the police.

10.4. If the Final Consumer chooses payment by ATM, we will only begin to process the order after having received the payment. Therefore, in this method of payment, we advise you to go to the ATM or home banking as soon as possible so that you receive your order as soon as possible. When 48 calendar hours have elapsed after the order has been placed, and if we have not received any payment, the order will be cancelled.

10.5. The purchase price of the products and transportation costs, as indicated on the order form, will be charged to the current account when the products purchased are actually sent.

10.6. We advise you not to attempt to make the payment by any other means not specified on www.ramirez.pt. If you try, RAMIREZ cannot be held liable for the loss of payment or any other damages that may arise.

 

  1. SECURITY OF THE RAMIREZ ONLINE STORE AND ALL TRANSACTIONS

11.1. The RAMIREZ online store utilizes the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted from the initial moment of your transaction to the time the order is processed and will not be stored on any public server.

11.2. Although we use very advanced encryption software, there are some risks in any payment transmitted over the Internet or through email. These risks can be prevented when the User takes the necessary precautions and assumes the proper conduct of responsibility.

11.3. RAMIREZ shall not be liable for any damage suffered as a result of the use of electronic means of communication, namely damages due to failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.

 

  1. PRIVACY POLICY

 

12.1. RAMIREZ recognizes the importance of protecting the personal data of its customers and all those who visit the www.ramirez.pt website, and for that reason it has developed a behavioural security standard that meets all the requirements of the General Data Protection Regulation. You can consult our Privacy Policy on the www.ramirez.pt website.

 

12.2. If you have any questions about how we process and protect your data, please contact us through the email ramirez@ramirez.pt.

 

  1. OWNERSHIP OF THE MARKETED PRODUCTS

RAMIREZ retains ownership of the company’s products until it has received full payment for all such products.

  1. PRICES

14.1. The prices of the products displayed on the www.ramirez.pt website include the Value Added Tax (VAT).

14.2. The total price specified in the final menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future uses. Please transfer only the exact amount specified in the order confirmation and make individual transfers by order.

14.3. The shipping rates are calculated by order, and the exact price of the shipping charge will depend on the weight, distance and the country where your order will be delivered.

14.4. The prices are all in Euros and any change in the country of delivery of the order may have influence on the prices due to the transportation costs.

 

  1. QUALITY AND GUARANTEE

15.1. RAMIREZ will only sell high quality articles on www.ramirez.pt and will never sell defective products or products of inferior quality to the standards in the market.

 

  1. SHIPPING OF PRODUCTS AND DELIVERIES

16.1. The products ordered in the RAMIREZ online store will be shipped and delivered on weekdays, Monday through Friday.

16.2. We can only guarantee the good delivery of an order if the shipping address of the products is correctly indicated by the User, and this address is located in a house or office located in one of the countries mentioned in the list of countries available in the menu Deliveries to.

16.3. A delivery is deemed to be made or a product is deemed to be delivered with the signature of the delivery receipt at the agreed address.

 

  1. SHIPPING COST AND DELIVERY TERMS

17.1. The shipping costs associated with your order will be invoiced by order, i.e. if you order more than one item, you will only pay once for shipping. However, RAMIREZ reserves the right to split the delivery of the order, for example, if a part of the order is delayed or not available. If we proceed to the division of the order, the customer will be notified, by e-mail, of our intention. For this purpose, the email address provided by the customer at the time of purchase will be used.

17.2. All purchases will be charged the respective shipping costs.

17.3. At the time of delivery, the Buyer must inspect the packaging and the products sent in order to check for any damages. If it is found that the products are damaged, the customer should not accept the delivery of the order, which must be returned immediately through the Return mechanism provided on www.ramirez.pt. RAMIREZ will reimburse the amounts paid for the order and transportation as soon as, at its head office, it receives and completes the return process.

17.4. The order is considered accepted if, after receiving the order, the Buyer does not return the order within the 8 subsequent days.

 

  1. DELIVERY DEADLINES

18.1. After registering your order, confirming the payment and that all parts of your order are available, RAMIREZ undertakes to proceed with the delivery observing the following delivery times:

  • In mainland Portugal and mainland Spain, within 2 to 3 working days.
  • In the Madeira and Azores Archipelago, between 3 and 5 working days.
  • In the European Union (except Portugal and Spain), less than 5 kg, between 2 and 4 working days approximately. Over 5 kg per order up to 10 working days.
  • In all other European countries, we will deliver the order within 4-6 working days.

18.2. RAMIREZ shall not be liable for non-compliance, or delay in complying, of any obligation to send due to an event of force majeure, that is, an event, act or omission beyond its reasonable control.

 

  1. PRODUCT EXCHANGES AND RETURNS

19.1. Upon receipt of the order, the Buyer has a period of 8 days to return or exchange the product(s) if it is found that it(they) has(have) any defect(s) or other nonconformity(ies) in relation to the product(s) ordered.

19.2. The costs of the return, for reasons of quality, will be borne by RAMIREZ.

19.3. The exchange or return of Buyer’s orders must be made through the same carrier that delivered the products at his/her address, as follows:

  • Place the item in a box. You can use the original packaging where you received the order, or another cardboard box provided it is not damaged. If you use the original packaging, empty it and place only the item you intend to return. Close the box and tape it. 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 the customer support services to schedule the collection of the items. If you are not at the address indicated at the time of the collection, a new collection will be scheduled on a date/time to be agreed between the customer and the carrier.
  • Collections are not made on holidays and weekends.
  • After we receive the product in our warehouse, the Quality Department will verify that the item meets our requirements for Return. If so, the Return will be confirmed, or the chargeback made.
  • In order to reimburse the amount paid, RAMIREZ offers two options to the User: issuing a credit note for the Products returned, which can only be discounted in the RAMIREZ online store within a maximum period of 6 months from the date of issue; or the chargeback itself, through the same method of payment used in the purchase.

19.4. The scheduling of the collection with the carrier will be made by RAMIREZ within 5 working days after receipt of confirmation of exchange/return. The collection will be done from Monday to Friday, and it is not possible to schedule a specific time.

19.5. Upon receipt of all or part of the ordered products at our premises, we will process them within a maximum period of two working days. In the event of a return, you will be refunded the amount as explained in point 19.3.

 

  1. CANCELLATION OF ORDERS

20.1 Prior to shipment, the Buyer may cancel the order of products. If the User places an order and wants to cancel it, he/she must first check the status of the order. If it has been processed, there is no possibility of it still being cancelled. To do so, the User must contact our Customer Service and request the cancellation of the order.

20.2. If the cancellation request is successful, the customer will be notified by email of this decision and the cancellation will be processed without cost to the customer.

 

  1. VALIDITY OF PROMOTIONS OR MARKETING CAMPAIGNS

21.1. The promotional offers or marketing campaigns published on the www.ramirez.pt website are valid only for the moment they are displayed on the website and according to the established conditions, unless information is communicated on the website to the contrary.

21.2. In the case of return of items purchased as part of marketing campaigns or promotions, you will be credited or given only the amount that you actually spent on the purchase of the item that you intend to return or exchange.

 

  1. LIABILITY

22.1. RAMIREZ will only be liable for the damages incurred by the Buyer in the event that such damages result from violations attributable to the contractual obligations of RAMIREZ before the Final Consumer, or in the case of liability arising from the legal right applicable.

22.2. In the event that the Buyer has suffered damages related to the activity of the website, RAMIREZ’s liability shall be limited to damages to the products marketed by itself and at reasonable and verifiable costs incurred by the Buyer due to the violation by RAMIREZ of these General Terms and Conditions of Sale.

22.3. RAMIREZ shall not be liable for damages suffered by third parties resulting from the use of any of our products. RAMIREZ cannot be held liable for damages suffered by the Buyer as a consequence of improper use of our products.
22.4. RAMIREZ is not liable for damages resulting from incorrect information on the website.

22.5. All products marketed by RAMIREZ are in compliance with the Portuguese and EU legislation.

22.6. RAMIREZ declines all responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the Final Consumer to verify with the local authorities the import conditions or use of the products that he/she wishes to order.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

23.1. All texts, comments, works, illustrations and images reproduced or represented on the www.ramirez.pt website are strictly reserved under the copyright and intellectual property rights, worldwide.

23.2. Accordingly and under the terms of the Intellectual Property Code, the use of information for private purposes is authorised, subject to contrary provisions including more restrictive provisions contained in the Code.

23.3. Any reproduction or total or partial representation of the www.ramirez.pt, website, in whole or in part, of the elements included on it is strictly prohibited.

23.4. Corporate names, trademarks and distinctive signs reproduced on the www.ramirez.pt website are protected in accordance with the legal provisions applicable to industrial property. Reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be the subject to prior written consent from RAMIREZ.

23.5. If the User wishes to use information or materials of the website, he/she must obtain prior written consent from RAMIREZ.

 

  1. APPLICABLE LAW

24.1. These General Terms and Conditions of Sale and all emerging litigation that is related to these general conditions, including their validity, the use of the www.ramirez.pt website or any purchase thereof are governed by Portuguese law.

24.2. In the event of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, RAMIREZ and the Buyer shall endeavour to obtain an amicable solution, which is fair and adequate, within the maximum period of 60 (sixty) days counting from the receipt of the communication addressed to that effect by any of the parties involved.

24.3. In the absence of an amicable settlement, pursuant to the provisions of the preceding paragraph, and in case of non-compliance with these General Terms and Conditions of Sale, both parties shall establish as competent jurisdiction the Civil Court of Oporto, expressly waiving any other.

 

  1. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE OF THE RAMIREZ ONLINE STORE

RAMIREZ has the right to change these General Terms and Conditions of Sale at any time. The Buyer is subject to the principles and terms in force at the time of his/her order, unless the law or competent authority imposes any changes thereto.