General conditions of Sale
Related to:
Myrica and about our services and activities. This site is owned by Myrica Faial Permaculture Farm Lda, located at Rua Farrobim do Sul s/n 9900-361 Feiteira, Horta, Azores., with NIF 514325895.
1. APPLICATION
1.1. These General Terms and Conditions apply to all visitors to the Myrica website, www.myricafaialfarm.pt (hereinafter referred to as the “Site”) and to any other transaction of a commercial nature carried out through the website’s online store.
Browsing the site, as well as purchasing any product through it, implies acceptance of these General Conditions of Contracting and Use by the User and the Customer.
Before ordering any product from our Site please read these Terms carefully and print or retain a copy for future reference.
Myrica reserves the right to revise and change the General Terms and Conditions at any time without prior notice, provided that they comply with the provisions of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, from 28-07.
2. INFORMATION ABOUT CONTENT
Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07
The reproduction, transfer, distribution or storage of the contents of the website www.myricafaialfarm.pt without prior written authorization granted by Myrica is prohibited for purposes other than strictly personal use.
Every effort has been made to ensure that the information presented is free of typographical errors. Even so, if these occur, Myrica will proceed with the respective correction as soon as possible. Obvious errors such as pricing, miscalculations or typographical errors in offers, promotions, folders, brochures, catalogues, order confirmations, invoices and other written statements by Myrica are not binding.
The photographs of the products presented on the website are for illustrative purposes only. As such, Myrica recommends that the Customer consult the detailed description of the product in order to obtain complete information about the respective characteristics, as well as request more precise information, if they so wish.
3. OFFER AND AGREEMENT
3.1 The offers and promotions on the Site do not imply any obligation. By completing your order on the Site, you are making a binding offer to purchase the product/s. All orders are subject to Myrica’s acceptance and the agreement between you and Myrica will only be formalized when Myrica begins to perform the Contract. If the ordered products are no longer sold or there is a stock outage, Myrica will inform you of this fact and reject the order. If possible, we can substitute other products of a similar nature and quality.
3.2 The prices shown are in euros. The availability of the products presented on the Site is limited to the existing stock at any given time.
4. PRICES, PAYMENT
Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07
4.1 The applicable prices are the prices of the products displayed on the Site. All products contain an indication of the price with and without VAT in Euros. All additional costs are indicated separately on the Site.
4.2 Payments may be made by:
a) by bank transfer
b) by Paypal
c) by ATM references
4.3 In specific cases, Myrica may restrict payment to Bank Transfer only
4.4 Bank Transfer:
After placing your order, you will receive a confirmation email that includes Myrica’s bank information so that you can proceed with the transfer. After completing the transfer, please send an email to myricafaialfarm@gmail.com with proof or confirmation, mentioning the order number. Banking information will be indicated when completing the order on the Site.
Your order will be processed as soon as we receive payment, if you choose bank transfer.
4.5 PayPal
After completing the order, the payment procedure begins, once you have chosen this payment method, you will be forwarded to the PayPal page where you can confirm the purchase.
4.6 Multibanco reference
After completing the order and starting the payment procedure, having chosen this payment method, the necessary references will be made available to the customer to complete the payment.
4.7. The order will be processed as soon as we receive confirmation of payment, in any form.
5. DISCOUNTS
5.1 The validity period of the presented promotions is present in all the product sheets, just click on “promotion info”, next to the promotion.
5.2 Promotional discounts will be carried out on the condition that the order is completed by the User, through the “checkout” and paid, by the end of the announced period.
5.3 Storing a product in the “shopping cart” does not guarantee its price or discount, if the provisions of the previous point are not complied with.
6. WARRANTY/CLAIMS
Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07
6.1 The Customer always has the legal guarantee rights, for the equipment required by law, for a period of two years from the delivery of the product, under the terms and conditions of the law.
6.2 In case you want to make a claim under an additional guarantee provided by Myrica, you must inform Myrica of the defect as soon as possible and, in the last case, within 2 (two) months after it was reasonably possible to discover the defect, under penalty of forfeiting the right to make any claim under the warranty. Complaints regarding perishable products must be made within 48 (forty-eight) hours after delivery.
6.3 Under Myrica’s additional guarantee for its private label products, claims may be made for defects in material or workmanship. A valid claim gives rise to a free repair or replacement of the Products, at Myrica’s discretion. If repair or replacement is not possible or reasonable, taking into account the costs involved, Myrica is entitled, as a final remedy, to reimburse the costs.
6.4 After communicating the defect, the Customer must allow Myrica to analyze the Products. Inspection of the defective Product takes place at Myrica’s facilities. Transport/return costs are borne by Myrica, unless the warranty claim is denied, in which case the Customer must pay the transport costs.
6.5 Any defects in the Products that result from normal wear and tear or any other external cause, such as, but not limited to, transport damage by the Customer, misuse, or if the Customer has made any repairs to the Product without prior written authorization by Myrica, will not be covered by the warranty, unless such use or repairs are inherent to the use of the Products.
7. LIABILITY AND INDEMNITY
Article 4 of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07.
7.1 Myrica’s liability is limited to the extent permitted by law. Myrica will never be responsible for any damages of the Client if:
Damages result from non-compliance with the producer’s liability, unless Myrica is legally responsible under the law;
The damages are indirect and/or consequential damages.
7.2 In the event of damage, the Customer is obliged to limit, as far as reasonably possible, any additional or other damages.
8. RIGHT OF RETURN / RESOLUTION
Articles 4.º, 10.º to 14.º and 17.º of Decree-Law 24/2014, of 17-02, with the amendments introduced by Law 47/2014, of 28-07
8.1 The Customer has the right to withdraw/rescind the contract within 14 days from the day on which the Customer, or a third party on his behalf, acquires physical possession of the good, or the last good in the case of several goods ordered in one single order and delivered separately. You can exercise the right of termination to: Myrica, Largo Duque D’avila e Bolama 11-Matriz 9900-141 Horta, indicating the decision to terminate this contract by unequivocal statement (for example, letter sent by post, fax or e-mail) , to be sent before the deadline mentioned in the previous paragraph. You may use the attached resolution form template.
Resolution effects
If the Customer withdraws from the contract, we will refund all payments received, including delivery costs (with the exception of additional costs resulting from choosing a type of shipment other than the cheapest standard shipping method made available by us), without undue delay and, in any case, within 14 days from the day we are informed of the decision to terminate that contract. We will proceed with the refund using the same payment method used in the initial transaction, unless otherwise expressly agreed, within a maximum period of 72 hours. In any case, the Customer does not incur any costs as a result of this refund. We reserve the right to withhold the refund until we have received the returned Products or until proof of shipment of the items has been provided, whichever is earlier.
Return of articles
If the Customer chooses to exercise the right of withdrawal, it is up to the Customer to bear the cost of returning the goods.
Responsibility and Warranty
The Customer is only responsible for the depreciation of the items resulting from handling other than that necessary to verify the nature, characteristics and functioning of the items.
8.2 To exercise your right of withdrawal, you can use the model withdrawal form attached to these Terms, which you can also find on the Site. Alternatively, you may terminate the contract by issuing an unequivocal statement to Myrica stating that you wish to terminate the contract.
8.3 All products containing used consumables (for example: Cartridges, Ribbons or Toners) can only be exchanged/returned by replacing these consumables. Myrica reserves the right to charge/withhold costs for the content of those consumables used by the Customer.
8.4 Your right of withdrawal does not apply to: the supply of products made to the consumer’s specifications or clearly personalized; the supply of products susceptible to rapid deterioration; the supply of products that cannot be returned for reasons of health protection or hygiene and from which the seal has been removed after delivery; the supply of sealed audio or video recordings or sealed computer programs which have been unsealed after delivery; the provision of digital content that is not provided in material form if the execution has started with the prior and express consent of the consumer and the acknowledgment that in this way he loses his right of withdrawal; cartridges and other non-sealed consumables (Toners / Ribbons / Ink Cartridges), which are not described in clause 10.3, unless they are defective.