GENERAL CONDITIONS OF SALE
Object
The purpose of these General Sales Conditions is, on the one hand, to inform potential customers about the terms and conditions, according to which MANUEL SEBASTIÃO NUNES LDA, VAT PT513973885, PRAÇA CONSELHEIRO SILVA TORRES, 23 - CAMINHA, Portugal (hereinafter “SEBASTIÃO”) carries out the sale and delivery of the marketed products (hereinafter the “Products”) and, on the other hand, defines the rights and obligations of the parties within the scope of the sale of the Products by SEBASTIÃO to the buyer (hereinafter the “Customer” ), who declares, in any case, to be of legal age and to have the legal capacity required to contract.
These General Sales Conditions will apply, without any restrictions or reservations, to all sales of Products marketed by SEBASTIÃO on its website, accessible through the address • and the mobile application provided (hereinafter, and jointly, the “Webpage ”).
When placing an order for the Products available for sale on the Website (hereinafter the “Order”), the Customer assumes full and total acceptance of these General Sales Conditions, whose knowledge prior to placing the Order is acknowledged by the Customer.
SEBASTIÃO reserves the right to modify, at any time, these General Sales Conditions. However, the General Sales Conditions applicable to the Order will be those that the Customer has accepted at the time of placing the Order.
These General Conditions of Sale are complemented by the Conditions of Use of the Website, as well as the Particular Conditions that may be applicable at any time and the Privacy and Cookies Policy.
2. Order Procedure
2.1. Product Features
The Customer may select one or several Products from the different categories provided by SEBASTIÃO on the Website.
In accordance with the applicable rules, the Customer may, prior to the Order, obtain information on the Website about the fundamental characteristics of the Product(s) that he/she intends to purchase and its composition.
Notwithstanding all necessary precautions are taken, some of the Products may contain allergenic substances. SEBASTIÃO recommends that consumers who suffer from any type of allergy, eating disorder or similar, consult the list of allergens available on the website, pursuant to Regulation (EU) No. 25 October 2011 on the provision of information to consumers on foodstuffs.
2.2. Availability
Products are subject to availability. Generally, the SEBASTIÃO establishment in your location offers an alternative for any Product that may be out of stock.
In any case, the Customer will be informed, as soon as possible, by telephone or e-mail, about the possibility of unavailability, in whole or in part, of the Product(s) after the Order has been placed and about the possibility of replace it with other equivalent(s), at the Customer's choice, or, if applicable, cancel the Order in whole or in part.
2.3. Formalization of the Order
Placing an Order is equivalent to acceptance of these General Sales Conditions, which implies an obligation for the Customer to pay the price, as well as acceptance of the quantities, characteristics and delivery times of the Products requested by the Customer.
During the Order process, the Customer must provide certain personal data, the treatment of which will be subject to the Privacy Policy, which must be accepted before the Order is formalized. The refusal to provide the requested personal data will prevent the formalization of the Order.
The Order will be confirmed by SEBASTIÃO by sending an email to the Customer. SEBASTIÃO assumes no responsibility in the event of an error in entering the email address provided by the Customer or for failure to receive the Order confirmation email. In these situations, the sale will be definitive, except in the case of cancellation of the Order by SEBASTIÃO, namely due to lack of availability of certain Products.
SEBASTIÃO will be authorized to charge the entire price corresponding to the Order from the date of sending the email, informing the Customer about the confirmation of his Order, indicating the estimated delivery time of the same.
2.4. Sale of alcoholic beverages
In accordance with applicable law, the sale of alcoholic beverages to persons under 18 years of age is prohibited. SEBASTIÃO reserves the right to suspend or cancel the delivery of an Order, regardless of its nature or degree of execution, if it suspects that the Customer is a minor, reserving, in this case, the possibility of demanding the presentation of the identification document of the person receiving the Order.
Likewise, in cases and places where the sale and/or delivery of alcoholic beverages within a certain period of time is restricted, SEBASTIÃO reserves the right to suspend or cancel the delivery of alcoholic beverages that are part of a Request, in accordance with the rules applicable to hourly limits for the sale of alcoholic beverages.
SEBASTIÃO recommends responsible consumption.
3. Price and means of payment
3.1. Sale price
The sale price, indicated in euros, of the Products made available on the Website will be the price in force at the time of placing the Order by the Customer. The sale price of the Products may be modified at any time by SEBASTIÃO. This modification will be communicated to the Customer before placing the Order. This price will be the price applicable within the scope of distance selling and any of the delivery methods.
Prices will include indirect taxes applicable on the date of Order. Any modification of the applicable tax rate will be automatically reflected in the price of the Products that SEBASTIÃO sells on the Website.
3.2. Payment options
We accept the following payment methods:
Cash (unless the customer indicates otherwise during the Order, our distributors will only take €10 in cash to make the change).
Bank card (Visa and MasterCard).
The indicated payment methods may vary depending on the establishment in question.
The Customer guarantees to SEBASTIÃO that it has the necessary authorizations to use the payment method chosen for the Order, during its registration.
3.3. Other payment terms
The Customer may request a purchase invoice through the Customer Service of the SEBASTIÃO establishment for which the Order has been placed.
All Orders must be paid in Euros, including all mandatory taxes and fees. The payment of bank charges, if any, will be the responsibility of the Customer (including in the case of reimbursement).
SEBASTIÃO reserves the right to suspend or cancel the delivery of an Order, regardless of its nature or degree of execution, in cases of non-payment or partial payment of the amounts owed by the Customer, as well as in case of payment incidents or fraud or attempted fraud, related to the use of SEBASTIÃO's Website, including fraud carried out in previous Orders, or in any other cases in which SEBASTIÃO considers that there are reasonable grounds for rejecting the Order.
If SEBASTIÃO has to make a refund as a result of the non-acceptance of an Order or its cancellation, the latter will make the payment within approximately 10 working days.
3.4. Security in payment transactions
In order to guarantee the security of payments made with a bank card, the Customer must communicate to SEBASTIÃO the visual cryptogram (CVV) that appears on the back of the card used by the Customer.
As part of the fight against cyber-fraud, the Customer's Order data may be communicated to authorized third parties, under the terms of the law, or indicated by SEBASTIÃO, with the sole purpose of verifying the Customer's identity, as well as the validity of the Order, the means of payment used and the expected delivery.
SEBASTIÃO may ask the Customer for a photocopy of his/her identity document and/or any other data related to his/her identity. Alternatively, the Customer may go to a SEBASTIÃO establishment to check their identity document. The Customer has the rights to access, rectify, cancel and oppose personal data concerning him/her and being processed by SEBASTIÃO, in accordance with the conditions set out in our Privacy Policy.
SEBASTIÃO undertakes not to allow any transaction that is illegal, or that may be considered as such by banking or payment institutions, or that damages or may damage the reputation, or have a negative influence, on said entities. The following activities are prohibited: the sale or offer of a product or service that does not fully comply with the legislation applicable to the consumer, banking or payment institutions, merchant or bank card holder.
4. Promotional offers
The offers presented by SEBASTIÃO will be valid as long as they remain advertised on the Website and subject to availability in stock, and may be subject to particular conditions.
5. Withdrawal
PJ informs the Client that, pursuant to article 17 of Decree-Law no. Directive No. 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, there is no right of withdrawal in contracts for the supply of goods made in accordance with the consumer's specifications or manifestly personalized or which, by their nature, cannot be returned, or may quickly deteriorate or expire.
6. Applicable law and competent jurisdiction
Any dispute arising from these General Sales Conditions is subject, on a non-exclusive basis, to the legislation of the place where the Order was placed. Disputes about the existence, interpretation, performance or non-compliance of the contract concluded between SEBASTIÃO and the Client, even in cases where there are several defendants, will be, in the absence of an amicable solution, and without prejudice to the provisions of the rules on the applicable jurisdiction. , non-exclusive competence of the competent Portuguese courts, in accordance with the applicable legislation.
7. Customer Service. Complaints and complaints
For any additional information, queries related to the status of an Order, its modification or cancellation, you can contact the Customer Service of the SEBASTIÃO establishment for which the order was made.
Likewise, you can submit any complaint or claim regarding the service provided by email sent to info@pizzariasebastião.com, or by registered letter with acknowledgment of receipt to Praça Conselheiro Silva Torres, 23 - 4910-122 Caminha. The establishment also has a complaints book in physical and electronic format.