SITE ( mercearia-gourmet.com )

The present General Terms and Conditions of Sale exclusively govern the commercial relations between Mercearia-gourmet (hereinafter referred to as the "Company") and its customers (hereinafter referred to as the "Customers"). They prevail over all contractual documents. All sales are exclusively subject to the present general terms and conditions of sale, unless the Company has expressly agreed otherwise in writing in special terms and conditions of sale. The customer must have read these general terms and conditions of sale before placing an order. By confirming his/her order, the customer accepts these conditions in their entirety.

Offers, orders and acceptance of orders : Offers are only valid for a period of fifteen days. After this period, the Company reserves the right to modify without notice the characteristics of the goods appearing on the mercearia-gourmet.com website, in its price list, or to stop distribution. Furthermore, the Company does not assume any obligation to advise and cannot guarantee the adaptation of the goods to the customer's unknown needs. Orders must be placed on the mercearia-gourmet.com website or in writing. For orders of specific brands or types, the Company reserves the right to deliver 10% more or less of the quantities ordered. A sale is not concluded until the Company has accepted the order by email or in writing, even when the order is recorded by a representative of the Company. Similarly, a change to an order is only binding on the Company once it has been accepted in writing by the Company.

Delivery times and method of delivery: Delivery times are given in working days before the parcel leaves (excluding delivery time) and only start when the order is paid for.

If all the items ordered are available on our site and in stock, the delivery time for Portugal and Spain is approximately 1 to 3 working days for France, England, Germany, Italy 2 to 5 days, for any order placed before 1:00 p.m., In case of stock shortage, the restocking time is approximately 1 week see delays on our site.

In case of exceptional work overload, it is possible that your order will be shipped within 5 working days.

For example: in more than 80% of our shipments, an order placed on Monday before 1pm is shipped the same evening by GLS and delivered on Tuesday before 6pm.

Once carefully packed by the Company, the goods travel at the customer's risk. It is the customer's responsibility to check the condition and quantity of the products upon receipt, if necessary opening any packages with a doubtful appearance in the presence of the delivery person. In the event of damage or loss, the purchaser must notify the carrier of his justified protest by registered letter within three working days following receipt. No recourse may be exercised against the Company or its carrier if these conditions have not been applied.

In the event of a delay due to an internal or external strike, disaster or any other event that does not allow the normal delivery of the products, the Company shall not be held responsible. Delivery times are given as an indication only and may not give rise, on the part of the customer, either to the cancellation of the order or to a request for damages of any kind in the event of a delay due to any event.

Delivery is made to the address specified by the customer when placing the order. In the event of an incomplete address, wrong address, refusal of the parcel by the recipient, or lack of information leading to the impossibility of delivering the products to the recipient in time, the Company cannot be held responsible for the final quality of this delivery. If this lack of information requires a second presentation to the addressee, the Company shall be entitled to ask the client for the corresponding costs.

Withdrawal period - Return of products following a change of mind . No return can be made without prior written agreement from the Company. All items may be exchanged or refunded within the legal and contractual time limits except for those bearing a mention to the contrary or (except perishable products). In application of the Consumer Code, the customer has a withdrawal period of fourteen (14) days from the delivery of the ordered products. If the customer makes use of this right of withdrawal, the products must be returned in their original packaging, in perfect condition, accompanied by all accessories and any instructions, as well as the duly completed return form. Items returned incomplete, i.e. products in open or broken blister packs (plastic shells), damaged, used or soiled cannot be returned (basically, all products cannot be sold again). The customer is responsible for the cost of return. The Company is obliged to exchange the goods or to refund the sums paid by the customer for the returned goods, excluding the shipping costs incurred for the delivery of the goods. The refund is due within a maximum of thirty days from the date of receipt of the return. To make a return, the customer must first contact our advisers from Monday to Friday from 9am to 5pm.

No cash on delivery will be accepted, whatever the reason.

These provisions are not applicable to sales or services when they are directly related to activities carried out within the framework of a profession.

Prices: The prices shown on the site (mercearia-gourmet.com) are for quantities per order and per delivery corresponding to the packaging units.

Participation in shipping costs: Portugal continental, unless otherwise agreed, is free of postage and packing for any unit delivery of a net value of 69 € including VAT. Any unit delivery of a lower value will result in the invoicing of a fixed surcharge of 6.90 € including VAT.

(Some examples of delivery prices: Spain 12 €, France 24,60 €, England 40,59).

For deliveries to Corsica, DOM. -TOM, or any other country, please consult the prices by proceeding to a simulation of order on the site mercearia-gourmet.com.
The Company reserves the right to modify the prices without prior notice.

DELAYS AND DEFAULT IN PAYMENT: In the event of total or partial default in payment on the due date, any sum owed by the Client in respect of an order or other orders executed or in the process of being executed shall become immediately due and payable without prior notice, without prejudice to the right to retain ownership as provided below. Furthermore, without prejudice to the damages that the Company reserves the right to claim from the Client, the absence of total or partial payment on the due date will lead to the suspension by the Company of any new delivery and the payment by the Client of a fixed indemnity of 40 euros per unpaid invoice on the due date, this amount being likely to be increased if the Company justifies that the collection costs incurred are higher than the amount of the fixed indemnity; the amount of this indemnity will be equal to a sum corresponding to 15% of the total amount invoiced and not paid by the Client; and a late payment penalty equal to 3 times the legal interest rate. These penalties are applicable from the day after the date on which the invoice is due until full payment of the amounts due.

 

DISPUTES TO THE INVOICE: Any dispute or claim concerning the invoices sent by the Company to the Client may, in any event, only be examined by the Company if it is made in writing within eight (8) days of receipt of the disputed invoice.

Retention of title: The goods delivered to the buyer remain the property of the Company until full payment of the sale price. However, the buyer is responsible for the goods delivered and bears the risk of any damage they may suffer or cause. The buyer is authorized to resell the goods before full payment to the Company, sales thus concluded being made on behalf of the Company. In the event of non-payment on the due date, the Company reserves the right to take back the goods without any procedure. Transport and return costs shall be borne by the buyer. Although the Company is the owner of the material, the risks of loss, deterioration or destruction shall be borne exclusively by the client. The client must not under any circumstances alter or remove the means of identification of the products.

 

Force majeure: Any event beyond the control of either party shall constitute a case of force majeure, in particular: strikes, social unrest, shortage of raw materials, energy, transport, etc. The parties shall not be liable for any failure to perform due to force majeure, and the performance of the obligations shall be delayed until the situation returns to normal.

 

Warranty: The goods sold and paid for are covered by the legal warranty against hidden defects. Under no circumstances can the Company be held responsible for the direct or indirect consequences, both on people and on goods, of a failure of the component sold by it. Consequently, no compensation may be claimed from it on any grounds whatsoever. For any possible claim, the client must notify the Company in writing no later than 7 days after the date of receipt of the products at his premises. After this period, any possible complaint cannot be accepted. Any complaint must include details of the defects that the client attributes to the goods. The client undertakes to allow the Company to examine the goods and must not, under any circumstances, have any processing or repair carried out by a third party without the Company's written agreement. In the event of defective goods, duly ascertained by the Company, they may only be returned to the Company with its prior written consent, and in the condition in which the Company delivered them. The Company reserves the right to either replace the defective item, repair it or issue a credit note for the value of the invoiced price. The contractual guarantee is strictly limited to the replacement of defective products or parts. In the event of consumption or abnormal wear and tear due to negligence, abnormal use or lack of maintenance on the part of the customer, our contractual guarantee is not applicable. The guarantee does not apply to consumable products. The cost of returning goods under warranty shall be borne by the customer.

 

Jurisdiction : Any dispute relating to the interpretation or execution of these general conditions of sale to a sale of goods by the Company will be of the exclusive competence of the courts of Lisbon, even in the event of appeal in guarantee, or of plurality of defendants. The photographs and descriptions appearing in our publications are not contractual.

mercearia-gourmet.com