Online Store Terms and Conditions

1. Scope and Purpose of the General Conditions of the “Online Store”

These General Conditions are intended, together with the order form and other elements referred to therein, to regulate the terms and conditions governing the provision of the “MAINOVA” Online Store Service by the limited liability company “MAINOVA – SOCIEDADE AGRÍCOLA, LDA”, with registered office at Monte da Herdade da Fonte Santa, Estrada Nacional 272 – 1, 7040 – 669 Vimieiro, parish of Vimieiro, municipality of Arraiolos, under the unique registration and corporate identification number 504 675 630, with a share capital of €750,000.00, hereinafter referred to as “MAINOVA” or “MAINOVA Online Store”.

The MAINOVA Online Store consists of providing, through the address www.mainova.pt, access to the Online Store, which provides information regarding a set of products and allows the User, electronically, to order the products advertised therein, under the terms and conditions described herein.

Orders for products must be placed by Users aged 18 (eighteen) or over. If the order concerns products with alcoholic content, available for sale in the online store, they may only be purchased by people who are of legal age to purchase them in their country of residence (if in doubt, please contact us). The elements and information transmitted by the User will have full legal effects, and the User will acknowledge electronic purchases, and the User may not claim the lack of signature as a breach of the obligations assumed.

2. Product Information and Contents

MAINOVA will do everything possible to ensure that the information presented does not contain errors, and if any occur, they will be corrected promptly as soon as they are detected. If you purchase a product that has different characteristics to those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination - see point 9).

MAINOVA will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for MAINOVA to control, such as human error or incidents in computer systems, it may not be possible to make some of the products requested by the User available. If any product is not available after you have placed your order, you will be notified by email or telephone. At that time, you will be given the option of cancelling the order and receiving a refund, if you have already made the payment.

All information about prices, products, specifications, promotional actions and services may be changed at any time by MAINOVA.

3. Responsibilities

3.1 All products sold in the MAINOVA Online Store comply with Portuguese Law.

3.2 The MAINOVA Online Store has adequate security levels and shall not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by modems, by connection software or by computer viruses or resulting from the downloading of infected files or files containing viruses or other properties that may affect the User's equipment through the service. If for any reason due to an error in accessing the MAINOVA Online Store website it is impossible to provide the service, MAINOVA shall not be liable for any losses.

3.3 Data and information queries made within the scope of the Online Store are presumed to have been made by the User, with MAINOVA declining any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 MAINOVA will not be liable for any losses or damages caused by improper use of the Online Store that are not directly attributable to it as a result of intent or gross negligence.

3.5 MAINOVA is not responsible for losses or damages arising from non-compliance or defective compliance when this is not directly or indirectly attributable to it as a result of intent or gross negligence, and is not responsible in particular for:

i) Errors, omissions or other inaccuracies relating to the information made available in the Online Store;

ii) Damages caused by the fault of the User or third parties, including violations of intellectual property,

iii) For non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or;

iv) For non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to MAINOVA and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of MAINOVA which prevent or impair the fulfillment of the obligations assumed.

3.6. MAINOVA does not guarantee that:

i) Access to the Online Store is provided uninterruptedly, is secure, error-free or works infinitely;

ii) The quality of any product purchased or obtained through the Online Store meets any expectations of the User in relation to it;

iii) Any material obtained in any way through the use of the Online Store is used at the User's own risk, and the User is solely responsible for any damage caused to his/her computer system and equipment or for any loss of data resulting from this operation.

iv) No advice or information, whether oral or written, obtained by the User from or through the Online Store will create any guarantee that is not expressed in these General Conditions.

3.7. The User accepts that MAINOVA cannot in any way be held liable for any damage, including, but not limited to, damage for loss of profits, data, content, or any other losses (even if previously warned by the User about the possibility of such damages occurring), resulting from:

i) the use or inability to use the Online Store;

ii) unauthorized access to or modification of personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

i) Provide correct personal data and addresses;

ii) Do not use false identities;

iii) If applicable, to respect the order limits imposed.

4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and MAINOVA declines any responsibility for such fact. If the consumer violates any of these obligations, MAINOVA reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other products made available at the same time by MAINOVA to the same User; and, further, not allow the User future access to any product or products made available by MAINOVA.

5. How to order

5.1 Order conditions

To be able to order products through the MAINOVA Online Store, you must first register online. After registering, you can access your personal customer area at any time, where you can view and edit your personal data, order history or change your access password.

Only orders for delivery to mainland Portugal, the autonomous regions of Madeira and the Azores and Europe will be accepted. For other destinations, please contact us.

5.2 Order and Confirmation

To purchase a product, simply select the Buy option next to its description. If you wish to add another product to your order, simply repeat this operation by selecting the Buy option for the new product. The order will be automatically updated.

You can check or change your order at any time. You can also change the quantity chosen and/or remove products from your order in the shopping cart.

Once you have finished choosing all the products, you must confirm your order. In order to finalize the order, you will have to enter your personal details and choose the payment method. Finally, you must carefully check all the details in the summary and confirm it one last time. At this point, the order will be finalized. You will be sent an automatic email confirming your purchase intention.

In case of unavailability of the ordered product, MAINOVA will send a communication to the User's email address, and the User may choose to wait for the product to become available or cancel the order, without any cost or charge for the User.

5.3 Delivery options

When filling in personal data, the user can choose delivery to an address of their choice.

5.4 Out of stock products

When a product is out of stock, the User has the option of subscribing to the stock notification. In this case, when the equipment in question is back in stock, they will receive an email alert informing them that the product is now available and that they can proceed to place their order.

6.1. Orders placed through the online store will only be processed after payment has been made.

6.2. Payment can be made by credit card, MBWay, MB Multibanco, PayPal. Payment by Multibanco: can be made at an ATM or Homebanking, with the data provided at the time of purchase (Entity / Reference / Amount). Failure to pay for the order within 2 (two) days after the order date implies automatic cancellation of the order. If the payment requested was Multibanco, the delivery period begins after receipt and confirmation of payment by MAINOVA.

6.3. The order will be delivered within an estimated period of up to 2 to 5 working days for the mainland (for orders placed before 11 pm), up to 14 working days for the islands (Autonomous Regions of Madeira and the Azores) and up to 7 working days for Europe and will be delivered between 9 am and 6 pm, only on working days, to the address indicated by the User.

6.4. Shipping costs vary and may be subject to promotional campaigns. Orders for delivery to PO Boxes are not accepted.

6.5. If the User is not at the address indicated for delivery, he/she will be contacted to reschedule the delivery of the respective order. If the order is not delivered within a maximum period of one week, it will be returned to MAINOVA. In this case, the customer will be notified to pay a new postage cost or, alternatively, to collect the order at MAINOVA's address.

7. Prices

7.1. Prices are in € (euros), with taxes and duties included depending on the type of product, taking into account the VAT in force on the date of order confirmation. The values ​​shown in the displays and product sheets correspond to the selling price (RRP) in the MAINOVA Online Store.

7.2. If there is a change in the price lists of products for sale on this website outside of the MAINOVA Online Store, this will require an update of the advertised prices. If this situation occurs with any product in an order, if it implies a price increase, the user will be informed and may choose to receive the order (paying the difference) or cancel it.

7.3. The prices displayed during the checkout process always correspond to the most up-to-date prices in force, however, they should only be considered valid while they are visible on a refreshed page (cache or non-refreshed pages may show prices that are no longer in force). The price displayed is only guaranteed under these conditions and only after the order has been duly registered and paid in accordance with the payment conditions set out in these terms and conditions.

7.4. Shipping costs vary according to the weight of the order and the delivery location selected by the user. To find out the shipping costs for an order, the user must add the products they wish to purchase to the “shopping cart” and go to checkout, confirming the amount of the shipping costs.

8.1 At the User's request:

The User may cancel his/her order by requesting it from MAINOVA by telephone or email, stating the order number, which will be accepted as long as the order has not yet been processed. After processing, MAINOVA will attempt to deliver the order, but the User has the option of not accepting it, in which case he/she will be responsible for the respective shipping and return costs.

For cancellation purposes, the User must provide the following information to MAINOVA:

a) Order number

b) NIF with which you placed the order, order number and delivery address

8.2 By decision of MAINOVA:

MAINOVA reserves the right not to process orders if it finds any inconsistency in the personal data provided or observes misconduct on the part of the buyer. MAINOVA reserves the right not to process any order or refund if there are errors in the values ​​and/or characteristics of the products, when these result from technical problems or errors beyond the control of MAINOVA.

9.1. The User, if a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.

To exercise this right, the User may use the form indicated below, indicating all of their identification data, the product purchased for which the contract is to be terminated and the date of purchase. The communication must be made by letter, by returning the purchased item, or by another appropriate and provable means within the period defined above.

The consumer must return the products to MAINOVA in the appropriate conditions within 14 (fourteen) days from the date of communication of the resolution.

Template for free termination form (you should only complete and return this form if you wish to terminate the contract)

- To [insert here the name, geographical address and, if applicable, fax number and email address of the professional]:

- I/we hereby notify (*) that I/we are resolving (*) my/our (*) purchase and sale contract relating to the following good/for the provision of the following service (*) — Requested on (*)/received on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper). (*) Delete what is not applicable.

The packaging and the product must be returned complete, as it was delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and the indicated documents must be sent to MAINOVA – Sociedade Agrícola, Lda, Monte da Herdade da Fonte Santa, Estrada Nacional 372 – 1, 7040 – 699 Vimieiro. The return postage will always be the responsibility of the User.

9.2. After receipt of the return at MAINOVA, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount, excluding shipping costs).

9.3. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card, this will be credited to the respective account. In other cases, when IBAN information is provided, the refund will be made to the indicated bank account. Otherwise, the refund will be made by check to the billing address. The refund will be made up to 14 days after receipt of the will to cancel and receipt of the return of the goods.

9.4. If any of the components of the product sold are missing or if any of them are not in excellent condition, there will be no refund of the price and the product will be sent back to the initial shipping address.

10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of MAINOVA.

10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

10.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property and other property protection laws, and therefore any use of such content may only occur under the express authorization of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the previous number, in particular by refraining from carrying out any acts that may violate the law or said rights, such as the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts that have the same content as their object.

11.1. Regardless of any prior or subsequent communication, MAINOVA may, at any time, and at its sole discretion, discontinue the provision of the Online Store, in whole or in part.

11.2. MAINOVA also reserves the right to immediately suspend or terminate access to the Online Store in the following cases:

a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;

b) When MAINOVA ceases access to the Store, by means of prior notice 15 days before the date of termination.

11.3. The suspension or termination of the Online Store by MAINOVA, under the terms of the previous numbers, does not imply the right of the User or third parties to any compensation or other compensation, and MAINOVA cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation or annulment of the Online Store.

11.4. In the situations described above, MAINOVA will notify the User in advance so that he/she may, if he/she so wishes, safeguard the content of his/her order viewing area within 3 (three) working days from the sending of the email or the provision of the information on the main page of the Online Store.

12. Communications

12.1. Without prejudice to other forms of communication provided for in these Terms and Conditions, notifications sent to the User relating to the Service, including any changes to these Terms and Conditions, may be sent to the User's email address, by SMS or telephone contact.

12.2. The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone number and/or email address (“e-mail”) indicated in the order process.

12.3. At any time, you may request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.

13. Complaints

13.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to MAINOVA about acts and omissions that violate the legal provisions applicable to the acquisition of goods, namely in the Arbitration Centers better described in the link on the main page.

13.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counting from the date the User becomes aware of the facts, and will be recorded in MAINOVA's information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.

14. Dispute Resolution

14.1. In the event of a consumer dispute, the consumer may resort to the European Online Dispute Resolution Platform, available at (https://ec.europa.eu/consumers/odr) or to the alternative consumer dispute resolution entities listed.

15. Applicable Law

The Contract is governed by Portuguese law.