The following information establishes the General Terms and Conditions of this website, namely the conditions for the online shop sales.
FOR THE BEST EXPERIENCE USING THIS WEBSITE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITE, THE USER AGREES WITH THE CONDITIONS OUTLINED HEREIN.
Ramirez & Cª (Filhos), S.A. (henceforth, RAMIREZ), with headquarters at Rua do Passadouro, no. 135, 4455-180 Lavra – Matosinhos, Portugal, with share capital of EUR 5,000,000, TIN no. 500226601, registered in Oporto Commercial Registry Office, is the legitimate proprietor of the http://www.ramirez.com official website and its subdomains.
2. CUSTOMER SUPPORT SERVICE
For further information or clarification of doubts about this website or the Terms and Conditions written herein, or any complaints, please contact RAMIREZ using the e-mail address email@example.com or, if you prefer, by telephone by calling +351 229997878, from Monday to Friday, 9.30 am to 6.30 pm.
3. OBJECT AND SCOPE OF APPLICATION
3.1. The purpose of the www.ramirez.pt website is to disseminate and sell products of the RAMIREZ brand.
3.2. These Terms and Conditions are applicable to any User of the www.ramirez.pt website and any other operations and/or transactions, of any nature carried out on the website.
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 unilaterally change, at any time and without prior notice, the layout and content of the website, namely the Terms and Conditions, and the information about products, prices, promotions, commercial conditions and services. Users are subject to the rules in force on the date of consultation and/or use of the website.
4. WEBSITE USE CONDITIONS
4.1. In compliance with the applicable legislation, all and any User undertakes to use the website in line with the applicable conditions, refraining from any illegal, unethical or immoral activity, or activity linked to third parties’ interests. If this is not the case, RAMIREZ reserves the right to respond through the competent legal channels.
4.2. It is expressly forbidden to insert links into this website for commercial purposes or without obtaining prior permission from RAMIREZ.
4.3. RAMIREZ has no responsibilities over third-party links. If the User visits other websites, with www.ramirez.pt as the starting point, he/she must read the privacy policies, as well as the general conditions of use of these websites.
5. INTELLECTUAL PROPERTY
All the content and information on www.ramirez.pt and its subdomains are the property of RAMIREZ and therefore any use, reproduction, copying and dissemination, whether in the form of logos, texts, images or videos on the website, is subject to prior permission.
I. ONLINE SALES
6. INFORMATION ABOUT THE ONLINE STORE
6.1.1. RAMIREZ references the information about the characteristics of the products through visual and technical descriptions, photographs and videos that illustrate the products sold.
6.1.2. The photographs and videos presented on the website are merely illustrative, so before the User makes an order, a detailed consultation of the characteristics of the product being purchased is recommended.
6.1.3. The catalogue of products and quantities available in stock are exclusive to the RAMIREZ online store and independent of the availability in the physical stores.
6.1.4. RAMIREZ does not accept responsibility for any changes to the appearance or characteristics of the products available on the website. Therefore, Users are subject to the technical descriptions, photographs and videos that are in force on the date the order is confirmed.
6.1.5. However, if the User notes that the products in the confirmation e-mail are incorrect, he/she may immediately request a change before the order is dispatched by sending an e-mail to firstname.lastname@example.org.
6.2.1. The price of each product available on www.ramirez.pt and its subdomains is always presented in euros, including VAT at the legal rate in force.
6.2.2. The prices charged and any campaigns or promotions are exclusive to the RAMIREZ online store and independent of any campaigns or promotions in the physical stores or third-party websites, notwithstanding they usually coincide.
6.2.3. The price of products available on the website may be subject to changes. Any changes will not affect orders for which a confirmation e-mail has been dispatched.
6.2.4. Although RAMIREZ makes every effort to keep all the information up to date, computer, manual, technical errors or errors of any other kind may occur, which cause a substantial and unforeseen change made by RAMIREZ to the public sale price. If the price of the product confirmed by e-mail is substantially lower than the announced and paid price, you shall be refunded the difference. If the price is substantially higher, the User shall be informed by e-mail, and given the option to accept a new price or cancel the order, as outlined in Clause 10 below.
6.2.5. Only the final menu presented before the User submits the order request shall include the delivery costs, as outlined in Clause 9 below. There may be additional transport costs for countries outside the European Union (such as customs fees), which are not identified on the final menu, and which are the responsibility of the User.
6.3. METHODS OF PAYMENT
6.3.1. RAMIREZ shall provide the User with several options to pay for his/her order on the www.ramirez.pt website:
• Bank transfer: The User has a maximum deadline as indicated in the confirmation e-mail to make the payment, using the data provided for the purpose. If RAMIREZ has not received any payment after 48 hours of the User receiving the order confirmation e-mail, the order shall be automatically cancelled.
• PayPal: With a PayPal account, the User can opt to pay for any purchase using his/her credit card, bank account or PayPal account balance. The User shall be redirected to the PayPal page, where he/she must authenticate and validate the payment
• Bank card: If this method of payment is selected, the following data must be filled in to make the payment: Name of the card holder, card number (16 digits), security code (3 digits) and expiry date. This information shall be sent using Encrypted Protocol to the company that supplies the remote electronic payment services, SIBS, without third parties having access to the information transmitted. This information will not be used by RAMIREZ, apart from carrying out operations needed for a refund, upon the User exercising his/her right to return, or to communicate fraud cases to the police.
• MBWay: If the User selects this payment method, he/she must insert the telephone number associated with his/her MBWay account and must confirm the payment directly on the mobile phone application.
• ATM: The User has a maximum deadline of 48 hours after receiving the order confirmation e-mail to make the payment at an ATM or through home-banking, using the data supplied for the purpose (entity/reference/price). If no payment has been received within 48 hours of the order, the order shall be automatically cancelled. We therefore recommend you go to an ATM or pay through home-banking promptly so that the order is not cancelled and can be processed as quickly as possible.
7. INFORMATION ABOUT THE USER
7.1. Making purchases through our website does not require the User to create or have an online account. The User simply fills in the form called “Invoicing Details”. However, the User can opt to create an account to make future purchases at the online store easier.
7.2. The User declares and guarantees that all the information he/she provides remains correct and up to date. If the User notes that the data on the order confirmation e-mail is incorrect, he/she may immediately ask them to be changed, by sending an e-mail to email@example.com.
7.3. RAMIREZ shall not accept responsibility for inaccurate information you provide or information that subsequently goes out of date. Consequently, RAMIREZ has no obligation to make efforts to check the contact information is correct and up to date in order to communicate with the User, namely when sending an order confirmation e-mail and delivering the order.
7.4. RAMIREZ constantly strives to guarantee the security of the information and recognises the importance of protecting the personal data of the Users of the www.ramirez.pt website. For reasons of transparency, our Privacy Declaration is permanently available for consultation at www.ramirez.pt.
8. ORDER PROCESS
8.1. No contract for the products sold on this website is established between RAMIREZ and the User without the order having been previously accepted by the User and confirmed through the reception of the order confirmation e-mail.
8.2. To make any purchase on our website, the User must follow the order process described below:
• Browse the pages of the RAMIREZ online store, click on “Online Store” and find the product(s) you intend to acquire.
• Add each product to the “Cart” and the respective quantity by clicking on the “Add” button.
• After adding all the products you intend to acquire, finish the purchase by clicking on “Finish Purchases”.
• Fill in the “Invoice details”.
• Select the method of payment.
• Review your order.
• Proceed to payment (we recommend you transfer only the exact amount that is shown in the final menu and make individual transfers per order).
• Confirm your order (“Confirm Order”).
• Finally, you will receive an order confirmation e-mail (we suggest you print it or download a copy for future reference).
8.3. The User undertakes to make the payment by following the instructions and using the payment methods outlined above. If not, RAMIREZ shall not accept responsibility for loss of the payment or any resulting damages.
8.4. All data registered by RAMIREZ represent proof of the set of transactions between the parties. RAMIREZ shall be responsible for filing the electronic document in which the contract is formalised and must make it continuously accessible for the User.
9.1. RAMIREZ retains ownership of the products ordered until it receives full payment for all these products. Therefore, the order processing will only start from the payment date (which may or may not be the delivery date of the Order Confirmation e-mail).
9.2. Products from the RAMIREZ online store can be sent to mainland Portugal, the Portuguese islands and the other countries of mainland Europe which are listed in the “Invoice Details”.
9.3. RAMIREZ will make every effort, apart from in exceptional circumstances, to make sure the products listed in the order confirmation e-mail are delivered to the User on the date shown in the e-mail.
9.4. If no delivery date is shown and depending on stock availability, the following delivery times shall apply:
• Mainland Portugal and mainland Spain: within 2 to 3 working days counting from the payment date.
• The islands of Madeira and the Azores and the Spanish islands: between 3 and 5 working days counting from the payment date.
• Other European countries (apart from Portugal and Spain): less than 5 kg, between 2 and 4 working days; more than 5 kg per order, up to 10 working days counting from the payment date.
9.5. Weekends or public holidays do not count for the estimated delivery time of the orders since deliveries are only made from Monday to Friday.
9.6. The dates mentioned above are merely indicative. In addition to the transport time varying according to the transporter and the destination of the order, the dates indicated above may change, namely if no stock is available, if unforeseen events affect the transporter, or in the case of force majeure occurrences out of the control of RAMIREZ. RAMIREZ cannot be held responsible if the delivery is not made in the estimated time.
9.7. If, for any reason, RAMIREZ cannot dispatch an order on the planned date, the User may be informed and given the option to accept a new date or to cancel the order.
9.8. If more than one product is ordered, RAMIREZ reserves the right to divide the delivery of the order, namely if one part of the order is delayed or is temporarily unavailable. In this case, efforts will be made to promptly inform the User of the phased delivery.
9.9. An order or part of it is deemed delivered with the signature of the delivery receipt at the address indicated by the User.
9.10. All orders will have a delivery cost that will appear on the final menu before the User submits his/her order, apart from promotional campaigns on the website in which RAMIREZ expressly exempts the delivery cost.
9.11. The delivery cost may vary significantly between countries.
9.12. It is up to the User to check with the local authorities as regards the importation conditions or usage conditions of the products he/she intends to order. RAMIREZ is not responsible for any breach of the laws of the country where the order is delivered, namely with respect to customs retentions.
10. CANCELLATION OF THE ORDER BY THE USER
The User may ask for his/her order to be cancelled up to the dispatch date, with no reason required, and the right to a refund of all amounts paid, by sending an e-mail to firstname.lastname@example.org.
11. USER’S RIGHT OF WITHDRAWAL
11.1. Under the terms of the legislation in force and notwithstanding the following clause referring to situations of non-conformity of the acquired product, the User can always exercise his/her right of withdrawal within 30 (thirty) days counting from the date the ordered product was received, with no justification necessary. For this purpose, the User should contact us by e-mail: email@example.com.
11.2. The User will have to store the products in order to return them in usable condition, containing all their original components, accessories and packaging and without having been opened or consumed (in the case of food products).
11.3. In the event of exercising the right of withdrawal, the price paid for the product purchased shall be refunded. The return expenses are payable by the User.
12. WITHDRAWAL/REPLACEMENT OWING TO NON-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 must report the non-conformity within a deadline of 2 (two) months counting from when he/she became aware of it.
12.4. RAMIREZ will bear the costs inherent to the return or collection of the non-conforming article for replacement, within the deadline of the respective legal guarantee. In the event of a return, RAMIREZ will refund the amounts paid, including the return costs.
12.5. For the sake of clarification, in the case of the return of articles acquired within the scope of commercial campaigns or promotions, the refund shall be only for the amount actually paid to purchase the product that is being returned or exchanged.
13. RETURN/REPLACEMENT PROCESS
13.1. The return or collection of ordered products for replacement mentioned in the previous clauses must be carried out using the same transporter that delivered the products to the User’s address, as follows:
• Put the article in a box. You can use the original packaging of your order or another cardboard box, provided it is not damaged. If you use the original packaging, empty it and put only the article you intend to return inside it. Close the box and seal it with sticky tape. If the box has a label, adhesives or other items from previous dispatches, remove them.
• The box will be collected within 5 working days after the return request has been made. You will be contacted by the customer support services to schedule the collection of the products. If you are not at the indicated address at the scheduled time of the collection, a new collection at the date/time agreed between the User and the transport company will be scheduled.
• Collections are not made on public holidays or weekends.
• After receiving the product in our warehouse, the Quality Department will check that the product is in compliance with our requirements for Return or Replacements, as outlined above. If so, the Return will be confirmed, or a refund issued.
• To refund the amount paid, RAMIREZ will give the User two options: either a credit note for the Products returned, which can be used only in the RAMIREZ online store within a maximum period of 6 months counting from the date of issue; or a refund of money, using the same method of payment as in the purchase.
13.2. Collection by the transporter will be scheduled by RAMIREZ within 5 working days of receiving the exchange/return confirmation. The collection will take place from Monday to Friday, with no scheduling of a specific time.
13.3. After receiving all the products ordered, or only a proportion of them, at our premises, we shall process them within a maximum of two working days. If the return is confirmed, the User shall be refunded as stipulated in Clause 11.3 and Clause 12.4.
14. REFUSAL/SUSPENSION OF THE ORDER BY RAMIREZ
14.1. Without ignoring the provisions in the previous articles, RAMIREZ reserves the right to refuse or suspend order requests and orders that have been confirmed by e-mail whenever it has reason to do so, namely:
• If there is a suspicion that the order was made by a User who is not the end consumer.
• If the order has been marked by the Security Systems of the website as an incorrect or irregular order or a suspected fraudulent order.
• If there is a suspicion of lack of capacity of the User (e.g. he/she is a minor).
• Owing to lack of payment on time or insufficient guarantee of collection of the payment.
• If it is deemed necessary to control excess submissions due to production management, stock outages or other issues.
14.2. Every effort shall be made to promptly inform the User of the refusal or suspension. In the event of total or partial refusal of an order that has been confirmed by the order confirmation e-mail, the User will be refunded for the total amount paid.
15.1. RAMIREZ refuses any liability for indirect losses or damages and cannot be held responsible for damages incurred by third parties resulting from the use of its products, or as a consequence of the improper use of the products.
15.2. The provisions in this clause do not affect the User’s legal rights, as a consumer.
16. ALTERNATIVE DISPUTE RESOLUTION
16.1. The User is entitled to exercise his/her right of complaint by sending an e-mail to firstname.lastname@example.org, or by telephone, calling +351 229997878, or may also do so by using the Electronic Complaints Book available for the purpose. As such, before proceeding with any of the extra-judicial actions referred to in Clause 16.2 and Clause 16.3, the parties shall attempt to obtain an amicable, fair and suitable solution, within a maximum of 60 (sixty) days counting from the reception of the communication for this purpose.
16.2. The European Union has created a website to support consumers in lodging complaints about any dispute in which they are involved. RAMIREZ provides all the information to Users to allow them to exercise their right to lodge a complaint with an official entity, third party and impartial entity in the process. If you are unhappy with the purchase of a good or service from our website, or with the solution we have suggested to settle the matter, you may access this official website at https://ec.europa.eu/consumers/odr to lodge your complaint.
16.3. Under the terms of Article 18 of Law no. 144/2015, of 8 September, RAMIREZ Portugal informs you that in the event of a dispute, the consumer can appeal to the Alternative Dispute Resolution entities:
• CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (National Consumer Disputes Information and Arbitration Centre)
• 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 (Vale do Ave Consumer Dispute Arbitration Centre/Arbitration Court)
• CIAB – Centro de Informação, Mediação e Arbitragem de Consumo, Tribunal Arbitral de Consumo (Consumer Information, Mediation and Arbitration Centre, Consumer Arbitration Court)
• CIMPAS – Centro de Informação, Mediação e Provedoria de Seguros (Insurance Information, Mediation and Ombudsman Centre)
• CICAP – Tribunal Arbitral de Consumo (Consumer Arbitration Court)
17. LAW AND JURISDICTION
17.1. These Terms and Conditions shall be governed in all their aspects by Portuguese Law.
17.2. In the event of a dispute as regards the interpretation or execution of these Terms and Conditions, before instigating any judicial action, the parties undertake to attempt to obtain an amicable solution, which is fair and suitable, within a maximum deadline of 60 (sixty) days counting from the reception and communication sent for this purpose by either of the parties involved.
17.3. In the absence of an amicable solution, under the terms of the previous point, the parties designate Oporto District Court as the jurisdiction to settle the dispute, with express waiver of any other.