Terms and Conditions of Use

Introduction

By accepting these terms and conditions, the consumer assumes that they have read and accepted them, which constitute the regime that governs the purchase and sale of products online, available at “Horta da Maria” (hortadamaria.com/pt/, with the telephone number 913 872 715 and email: [email protected], as well as on other online platforms and other communication channels promoted and owned by the companies responsible for the online platform.

Platform management Horta da Maria, as well as all issues related to billing, support and customer service, are handled by the company Ateneya Lda. with Tax Identification Number 515313700, headquartered at Rua da Criatividade, Central Buildings of the Óbidos Technology Park, with the telephone number 913 872 715 and email: [email protected].

Specifically, this Privacy Policy describes how the personal and non-personal data you provide to Horta da Maria is collected, used, and disclosed when you access or use the online and/or mobile services and websites of Horta da Maria or Codebehind Lda or in connection with such services or websites (collectively, the “Site”).

When you read “we”, “our website”, “Online Store”, “Horta da Maria” in the text, it refers to the company Ateneya Lda, which is responsible for managing this online store.
Horta da Maria is an online store that sells a variety of food-related items.
When you read “users” or “visitors” in the text, this refers only to visitors who are not registered on the website; “Customers” are users who have already registered with the Online Store.
When the text reads "data subject," it refers to the customer's/user's personal data. When the text reads "GDPR," it refers to European data protection law.

Legislation

Horta da Maria undertakes to comply with all current legislation on distance selling and electronic commerce, namely Decree Law 143/2001, Decree Law 07/2004, Decree Law 24/2014, Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011, as well as other legal provisions that apply to this type of commerce.

Confidentiality

As confidentiality is one of our priorities, we are committed to keeping all our customers' data confidential and not providing it to third parties or disclosing it by any other means.

Privacy Policy

All data provided by the customer will not, under any circumstances, be shared with third parties. This data is used solely for the correct processing of orders and, with prior consent, for sending our newsletters. Under Law 67/68 of October 26, the customer has the right to access their personal data and request its modification, correction, or deletion at any time.

Horta da Maria respects all current legislation and is committed to protecting all customer data provided.

Check out our Privacy Policy.

Copyright

All of our content is protected by law. Any unauthorized copy, whether in whole or in part, will be subject to appropriate legal sanctions.

Prices

Horta da Maria reserves the right to change prices and specifications without prior notice. However, if this change affects your order, we will contact you by email.

Promotions

All our promotions are limited and subject to existing stock and specific campaign conditions.

Offers

All orders may contain (in addition to the purchased products) other offers resulting from Horta da Maria's partnerships. These offers are always limited to existing stock and the duration of the partnerships. Orders may also contain advertising material.

Delivery times

Each product category has specific shipping/delivery conditions, as each product depends on each producer and their availability and delivery conditions.

For orders placed before noon (12:00h) on Tuesday, delivery, unless otherwise stated (e.g. availability of some product(s)), will be made on the following Wednesday, or Friday between 5:30h and 9:30h and/or Saturday between 9:30h and 15:30h, this scheduling will be coordinated later via Whatsapp. 

On the day of delivery and if there is no prior appointment, the customer will be contacted up to 30 minutes before delivery of their order.

Delivery times are indicative and are therefore considered valid when there are no physical or structural impediments (e.g. incorrect addresses or force majeure events such as strikes, missed connections, bad weather, etc.) or during special periods such as Christmas.

The delivery options presented may vary depending on the type of products to be delivered, the geographic destination area, and the desired delivery method (delivery to address or collection at collection point).

It is not possible to choose a specific delivery time as this will be conditioned by the route on the day of delivery.

Legal guarantee

Under the terms of Decree-Law No. 67/2003, of April 8, amended by Decree-Law No. 84/2008, of May 21, the products supplied may benefit from a 2-year conformity guarantee period from the date of delivery to the customer.

Allergen Warning

In accordance with Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011, we inform our customers of SUBSTANCES OR PRODUCTS THAT CAUSE ALLERGIES OR INTOLERANCES:

• Cereals containing gluten;
• Crustaceans and crustacean products;
• Eggs and egg products;
• Fish and fish products;
• Peanuts and peanut products;
• Soybeans and soybean products;
• Milk and milk-based products;
• Nuts, namely almonds, hazelnuts, walnuts, among others;
• Celery and celery-based products;
• Mustard and mustard-based products;
• Sesame seeds and sesame seed products;
• Sulfur dioxide and sulfites in concentrations greater than 10 mg/kg or 10 mg/l in terms of SO2;
• Lupine and lupine-based products;
• Molluscs and mollusc-based products.

If you have any questions regarding allergens present in our products, please contact us.

Shipping Costs

The delivery cost will be displayed at checkout and varies depending on the type, quantity of products purchased, weight and/or volume of the order, chosen shipping method and the final destination of the order.

Shipping costs will be automatically updated as the customer adds items to the shopping cart.

For free delivery, see the table of minimum purchases for free delivery by zone.

All specific purchase conditions will be clearly indicated during the ordering process and immediately before confirmation of the respective purchase.

Note: When calculating weight, packaging, product protection, etc. are taken into account.

Order tracking

Providing an incorrect or incomplete delivery address may result in the order being returned to Horta da Maria and incurring additional costs for the customer. Therefore, we recommend that customers ensure that the delivery address provided when placing the order is correct and complete. Once the order has been placed, it is not possible to change the delivery address or billing information.

If there are delays on the part of the carriers, A Horta da Maria cannot be held responsible.

Damaged products

If the shipping package is visibly damaged or leaking liquids, you must check its contents in full upon delivery and immediately file a complaint with the carrier, refuse the order and contact us immediately.

If you have accepted the order and only later notice that some of the product is damaged inside, you must take detailed photographs of the product(s) and the shipping packaging (visible with your name, address and tracking) and send them to us via WhatsApp using the telephone number 913 872 715 or by email: [email protected] so we can solve it.

You must notify us on the day of delivery, otherwise we cannot determine whether the product arrived damaged or was damaged after receipt.

Returns

Due to the type of products we sell, Horta da Maria does not accept returns in some obvious cases. These are fresh and/or consumer-grade products, and are not covered by the Decree-Law regulating returns. However, we offer a warranty program for our customers in cases where replacement or a refund of the purchase price is warranted.

Payment Terms and Methods

After completing the order process as a guest or in the customer's personal account, the purchase will be recorded, and the customer will have a period of time, indicated in the selected payment method, to make the payment. After this period, if there is no payment confirmation and the cash on delivery option has not been selected, if applicable, the order will be canceled. Some payment methods allow the data necessary for the payment transaction to be saved. However, no personal data of the customer will be saved in this context, so this data must be managed directly with the respective service provider. This exception applies to situations where the service provider allows personal data to be managed directly on our website. website, in which case, provided that these comply with applicable legal provisions, particularly regarding personal data protection, the instructions issued by the supplier will be complied with. In any case, no payment data entered by the customer will be stored unless the supplier's platform allows it and the customer expressly consents to it.

Horta da Maria uses a sophisticated mechanism to detect and prevent actions that indicate fraud. This solution allows us to verify the authenticity of payments made. online, while simultaneously safeguarding the integrity and security of customer data, as well as their identification. This security is made possible by SSL technology (Secure Sockets Layer), which encrypts communications produced between the software The customer's information and our server are protected from interception. Therefore, Horta da Maria reserves the right to refuse payment for an order if the transaction is deemed illegal. Any and all activities deemed illegal will be immediately reported to the appropriate authorities.

Horta da Maria offers the following payment methods:

1. PayPal

2. Credit/Debit Card

3D Secure is a communication protocol developed to improve payment security online and enable authentication of the credit card user with the issuing bank. Following a payment in a store online, a process is triggered that verifies whether the card used is valid. If the card is considered valid, the security systems associated with the protocol 3D Secure Verify the customer's identity in real time by contacting the credit card issuer, which in turn validates the customer's identity and reports confirmation that the card used is legitimate. This control aims to protect credit card holders by reducing the likelihood of fraudulent use of their cards, ensuring greater transaction efficiency.

3. ATM Reference

Since the bank reference generated for payment has a limited validity period, failure to verify payment within this period will result in the order being canceled. The shipping deadlines indicated will be met under normal order processing conditions, except for exceptional increases in order volume that may occur during festive periods or promotional campaigns, as well as other eventualities that prevent the regular provision of the delivery service.

4. MB Way

Customers can pay for their order via MB WAY. During the ordering process, they must select this payment method and provide the mobile phone number associated with the app, access it, and follow the purchase confirmation steps. If the number entered does not match a payment number registered with the app, the following message will be displayed: "We were unable to validate your payment. We received the following message: Non-existing MB WAY alias”.

As indicated in the application, payment must be made within five minutes, otherwise the order will be cancelled.

5. Bank Transfer

After confirming your purchase, you will receive an email with the details to make the bank transfer.

The minimum order value is €45 + VAT

Notice:

Payments are always made in Euros, even when prices are displayed in other currencies. Some banks may charge exchange fees. Horta da Maria is completely unaware of this and therefore assumes no responsibility for it.

Since the bank reference generated for payment has a limited validity period, failure to verify payment within this period will result in the order being canceled. The shipping deadlines indicated will be met under normal order processing conditions, except for exceptional increases in order volume that may occur during festive periods or promotional campaigns, as well as other eventualities that prevent the regular provision of the delivery service.

Stock Outs

All items available at hortadamaria.com/pt/ are in stock. If there's a problem with the item you ordered, we'll send you an email with the new estimated delivery date, or we'll suggest exchanging it for a similar item or refunding the amount paid.

Age of consent

By placing an order with Horta da Maria, you are certifying that you are of legal age to purchase the products available on the online platform. If you are under the legal age or are not legally authorized to purchase certain products, we will be forced to cancel your order.

Acceptance of contract

All orders placed are subject to the right of admission, meaning we may choose not to accept the order.

Situations beyond Horta da Maria's control
We are not responsible for any failure or delay in fulfilling any of our obligations, provided that such failure is caused by a situation beyond our control and/or is compromised by third parties. Food products are subject to constant changes, of which the consumer should always be informed. Horta da Maria is not responsible for any discrepancies and/or changes related to the product information on our website, provided by the supplier/manufacturer, or on product labels. For this reason, we recommend that you always read the nutritional information, list of ingredients, recommendations for use, preparation, and/or storage, as well as all mandatory and/or voluntary information on a food product before using or consuming it.

Suggestions and Complaints

Customer feedback is crucial to Horta da Maria, as it allows us to improve our services. Therefore, if for any reason customers are dissatisfied with the product or any of the products purchased, or if they have any suggestions, Horta da Maria would appreciate it if you could report any situation to us within 14 days of the occurrence or receipt of the order by the recipient or a third party designated by the recipient, using one of the Customer Support channels.

If you have accepted the order and only later notice that some of the product is damaged inside, you must take detailed photographs of the product(s) and the shipping packaging (visible with your name, address and tracking number) and send them to our email: [email protected], so we can resolve the issue. You must notify us on the day of delivery, otherwise we cannot determine whether the product arrived damaged or was damaged after receipt.

The customer must also keep in their possession, until otherwise indicated by the Customer Support service, both the defective, damaged or non-compliant product and the respective order box.

Notice: If, as a result of the evaluation of the complaint submitted, the customer is sent a coupon for shipping a product in a future order, this coupon must be activated within the validity period indicated therein, otherwise the replacement product will be out of stock.

Acceptance of Horta da Maria newsletter subscription

When you register on our website, you are automatically subscribed to our newsletter and other Horta da Maria news. To opt out of this feature, simply remove the checkmark from the respective icons or cancel via email. [email protected]. 

Alternative Dispute Resolution

In case of dispute, the consumer can resort to one of the Consumer Dispute Resolution Entities:

CNIACC – National Center for Information and Arbitration of Consumer Conflicts
Faculty of Law of the New University of Lisbon – Campolide Campus
www.arbitragemdeconsumo.org

CIMAAL – Algarve Consumer Dispute Information, Mediation and Arbitration Center
Nest of Companies Building – Estrada da Penha 8005-131 Faro
www.consumidoronline.pt

Consumer Conflict Arbitration Center of the District of Coimbra
Fernão Magalhães Avenue, No. 240, 1st
3000-172 Coimbra
www.centrodearbitragemdecoimbra.com

Lisbon Consumer Conflict Arbitration Center
Douradores Street, 143.5, 2nd
1400-207 Lisbon
www.centroarbitragemlisboa.pt

Contracts concluded in the Autonomous Region of Madeira
Rua da Figueira Preta, No. 10, 3rd floor
9050-014 Funchal
[email protected]

Porto Consumer Information and Arbitration Center
Damião de Góis Street, 31 – Store 6
4050-225 Porto
www.cicap.pt

Ave Valley Consumer Conflict Arbitration Center
Captain Alfredo Guimarães Street, No. 1
4800-019 Guimarães
www.triave.pt

Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)
BRAGA: Rua D Afonso Henriques, nº 1 (Ed. Sé Parish Council)
4700 – 030 Braga
VIANA DO CASTELO: Rocha Paris Avenue, No. 103 (Vila Rosa Building)
4900 – 394 Viana do Castelo
www.ciab.pt

In the event of an online consumer dispute, consumers can use the ODR (online dispute resolution) Platform, an online dispute resolution system (OLR), which is competent to resolve disputes relating to contractual obligations arising from online sales or service contracts. Access the Electronic Platform for Alternative Dispute Resolution for online sales or service contracts here.

For Complaints and Claims – [email protected]

More information on the Consumer Portal (www.consumidor.pt)

We deliver to the following locations: