Terms of service

These terms and conditions refer to the use of the mariaconfeitaria.com website by users and their relationship with our brand.

The website mariaconfeitaria.com is owned and managed by Pure Brands, bearer of tax number no. 508593450, with headquarters in Zona Industrial de Oliveira do Hospital, Lote 17A, 3400-060 Oliveira do Hospital – hereinafter Maria Confeitaria, with email contact geral@ mariaconfeitaria.com and telephone number +351 238 609 892 (National landline call).

Please read carefully as these terms and conditions affect your rights and obligations under the law.

If you do not agree with these Terms, please do not access or use the Website.

If you have any questions about these Terms, please contact us.

These Terms and Conditions (hereinafter “Terms”) define the use of the Maria Confeitaria website (hereinafter “Website”) by users (hereinafter “User”) and their relationship with our brand (hereinafter “We”, “our”) . Please read all articles carefully as they affect your rights and obligations under current legislation.

If you do not agree to these Terms, please do not access or use the Website.

The User, when ordering any of our products or services, agrees to be bound by these Terms.

You should print a copy of these Terms for future reference.

If you have any questions regarding these Terms, please contact us.

  1. Agreement

By using the Website you agree to be bound by these Terms and authorize us to transmit data (including updated information) to obtain information from third parties, including but not limited to, your debit and credit card numbers or related credit reports to authenticate your identity, validate your credit card, obtain initial credit authorization and authorize individual transactions.

  1. Amendments

We reserve the right to:
– update these Terms regularly. It is your responsibility to check such modifications. These modifications will be applied to the use of the Website after notification of them has been issued, through an announcement on the Website. If the User does not want to accept the new Terms, they must not continue to use the Website. Continued use of the Website after the date the changes take effect indicates your agreement to be bound by the new Terms;
– modify or withdraw, temporarily or permanently, this Website and the material (or parts) contained therein without prior notice and the User accepts that we cannot be held responsible for any modification or withdrawal of the Website or any contents;
– deactivate any user identification code or password that We have provided to you, whether chosen by you or assigned by Us, at any time, if in our opinion you have failed to comply with any clause set out in these Terms.

  1. Registration

The User, by using this Website, guarantees that:
– is legally capable of entering into binding contracts;
– the personal information you provide at the time of registration is true, accurate, updated and complete at all points;
– and you are not impersonating another person or entity.
The User undertakes to notify us immediately of any changes to their personal information via email or telephone.

  1. Privacy Policy

All your personal information will be treated as confidential and will be processed and used in accordance with our Privacy Policy. By using the Website you consent to this processing and guarantee that all information provided is accurate.
When you purchase from this Website, we will ask you to enter personal details so that we can identify you, such as your name, email address, billing address, delivery address, credit card information or other payment options. We guarantee that this information will be stored by Us, in accordance with all legal provisions in force in Portugal.

  1. Protect your security

To ensure that your debit, credit or prepaid card is not being used without the User's consent, we will validate the name, address and other personal information provided during the order process, with appropriate third-party databases. We take the risk of online fraud seriously. There is a possibility that the User will be contacted for additional security checks and, therefore, we request your cooperation.

Fraudulent transactions will not be tolerated and any attempts will be reported to the competent authorities.

By accepting these Terms, the User consents to these checks being carried out. When carrying out these checks, personal information provided by the User may be disclosed to registered credit agencies who may keep a history of that information. This is done only to confirm the User's identity. We do not carry out any credit checks and your credit rating will not be affected. All information provided by the User will be treated securely and in accordance with current law.

  1. Observance

This Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use.

The User agrees not to:
– upload or transmit through the Website any computer viruses, Trojans, Worms, logic bombs or anything created with the purpose of interfering with or interrupting the normal functioning of a computer;
– upload or transmit through the Website any defamatory, offensive or obscene material; It is
– attempt to access the Website, server where it is hosted or any server, computer or database connected to the Website without authorization. You must not attempt any denial of service attacks on our Website.

Any such violations will be reported to the relevant authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of a violation of this provision, the User's right to access the Website will be immediately terminated.

We will not be responsible for any loss or damage caused by a DoS attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other proprietary material due to your use of the Website or your downloading of any material there. placed or on any web page linked to the Website.

  1. Links to third parties

For the convenience of our customers, the Website may include links to other web pages or material beyond our control. Please be advised that we are not responsible for such pages or material nor do we review or endorse them. We will not be responsible for the privacy practices or content of these pages or for any damage, loss or offense caused or alleged to be caused in connection with the use of our reliance on any advertising, content, products, materials or services available on such pages or external means.

  1. Orders

All orders are subject to acceptance and availability. If the ordered goods are not available, the User will be notified by email (or other means if an email address has not been provided) and may choose to wait for the product to become available in stock or cancel the order.
Any orders placed by the User will be treated as an offer to purchase our goods or services and, as such, we reserve the right to refuse these offers at any time. The User acknowledges that the automated confirmation of their order does not validate our acceptance of their offer to purchase products or services advertised on the Website. The conclusion of a contract between Us and the User will take place when:

(i) there is payment for said order or;
(ii) we dispatch the goods or begin the services, whichever is later, at which point an email will be sent to the User confirming that the contract has been concluded (“Dispatch Confirmation”).

The contract will only relate to goods or services whose dispatch has been confirmed in the Shipping Confirmation.
We will take all reasonable care to keep your order and payment details secure, and in the absence of negligence on our part, we will not be held responsible for any loss you may suffer if a third party gains unauthorized access to any data provided by you at the time of access or order from the Website.

Products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and suspend accounts that we believe are ordering products in violation of this point.

It will be the User's responsibility to assume the risk of the products once delivered to the delivery address specified when placing the order. We accept no liability when an incorrect delivery address is provided or when you do not collect products from the specified delivery address.

Despite this, the risk of loss or damage to the products will only be your responsibility after delivery to the delivery address.

Dharma Foods entrusts the delivery of your orders to an external transport service, through which it is not possible to schedule deliveries. You will need to ensure that someone is at the address you indicate to receive your order.

The Essentia orders are shipped from Monday to Friday, from 9am to 6pm, excluding holidays.

Delivery time will vary depending on the destination country. Estimated delivery time varies between 3-5 business days for mainland Portugal, in the case of items in stock. The estimated delivery time for personalized items can be up to two weeks.

In case of unavailability of the ordered product(s), Dharma Foods. will promptly inform the customer and refund the amount paid, within a maximum period of 15 (fifteen) days from becoming aware of the unavailability.

Delivery is considered to have been made with the signature on the delivery receipt at the agreed address.

The values ​​inherent to shipping costs are the responsibility of the customer, and for each order an automatic calculation of this value is made during the check-out process, which varies depending on the weight of the order, the country of destination, etc.

In the case of shipments outside the European Union, Dharma Foods is not responsible for any delays or customs costs, which are the responsibility of the customer.

9. Rights of exchange or cancellation

Under the terms of Decree-Law no. 24/2014, of 14 February, applicable to contracts concluded remotely, you have the right to freely terminate a new contract (right to free resolution or withdrawal), without giving a reason, within a period of 14 calendar days counting from the date of execution or the date of receipt. To resolve this, simply communicate your decision to us unequivocally (it is not enough to return the goods). You can do this by letter, telephone or email.

The reflection period ends 14 days (in a row) after the date of delivery of the product. If the deadline does not fall on a working day, the deadline is extended until the first following working day.

Goods received and unused must be returned within 14 days from the date on which you inform us that you wish to cancel the purchase.

The exchange or return of personalized items or items altered in any way at the customer's request is not authorized.

Under our Total Satisfaction Guarantee, if the product does not fully meet your expectations, you can return it within 14 days, counting from receipt of the order at your home, and we will immediately refund the amount spent.
The product must be in perfect condition and be returned, without signs of use, in the original packaging; So that we can provide you with an increasingly better service, we would greatly appreciate it if you indicated the reason for the return. Please note, however, that we will only refund the cost of returning items that were delivered in error or items that were damaged or defective.

  • Alternative Dispute Resolution

In accordance with the provisions of Law 144/2015, of September 8, it is informed that there are entities available to consumers for the alternative resolution of consumer disputes. Furthermore, under the terms of the aforementioned legal diploma, the contact details detailed below are available:
Consumer Dispute Arbitration Center of the District of Coimbra
Av. Fernão Magalhães, nº 240, 1º – 3000-172 COIMBRA
Tel.: 239 821 690
Email: geral@centrodearbitragemdecoimbra.com
Website: http://www.centrodearbitragemdecoimbra.com
Finally, we inform you that this commercial company is not a member of any of the entities identified above.

  1. Pricing and payment

All prices on the Website include VAT (where applicable) at the current rate and are correct at the time the information is entered into the system. However, we reserve the right to change prices at any time without prior notice (except changes that affect orders for which an Order Confirmation has already been sent).

In the unlikely event that the price shown on the confirmation page is wrong and this error is discovered before we accept your order, in accordance with clause 9, we are not obliged to sell the goods at the displayed price. We always try to ensure that the prices of goods displayed on the Website are accurate but errors may occasionally occur. If we discover an error in the price of goods ordered by the User, they will be informed as soon as possible and will have the option of keeping the order at the correct price or canceling it. If the user chooses to cancel and has already paid for the goods (but they have not yet been dispatched) they will be refunded in full.

The User confirms that the payment method is managed by them, among the options made available by The Essentia: MBway, Multibanco, Paypal, Bank Transfer and Credit Card.

We reserve the right to expect payment within 48 hours. If payment is unsuccessful, you will be notified via the email address provided.

If you do not want us to try to process your payment again, please cancel your order before processing.

We authorize the use of promotional codes strictly on the terms and conditions under which they were issued which, among others, may include terms relating to your eligibility to use them and a maximum order value. The User must familiarize themselves with these terms and conditions before placing an order as we reserve the right to reject or cancel any orders that do not comply with these Terms even if your credit or debit card has been charged.

If there is any inconsistency between the terms and conditions under which promotional codes were issued and these Terms, the terms and conditions of the promotional codes will control. You can obtain a copy of the discount code terms and conditions via email or telephone.

  1. Intellectual property

The content of the Website is protected by copyright, trademarks, databases and other intellectual property rights.

The User acknowledges that the material and content provided as part of the Website will remain with us. You can browse and display the content of the Website on a monitor, save content in electronic format on disk (but never on a server or any storage device connected to a network) or print a copy of the content for personal, non-commercial use, always keeping all intact and any copyright and proprietary notices.

You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or contents of the Website.

  1. Limited liability

Supply of goods:
(a) If we fail to comply with these Terms through our fault, we will only be liable to You for losses suffered as a result of our failure (whether in contract, tort (including negligence), breach of statutory duty or vice versa) and which are a consequence predictable of our failure.
(b) Nothing in these Terms excludes or limits our liability for:
– death or injury caused by negligence;
– fraud or fraudulent conduct;
– any breach of obligations implicit in the laws in force;
– defective products under consumer protection law;
– any deliberate breaches of these Terms that would constitute a breach of contract; or
– any other matter for which it would be unlawful for us to exclude or attempt to exclude the User’s liability

Use of the Website:
The Website is available on an “as is” and “as available” basis without any representation or endorsement and we make no warranties, express or implied, relating to it or its use.
The User acknowledges that we cannot guarantee or be responsible for the security or privacy of the Website or any information provided by the User. The User must bear the risk associated with using the internet.
Although we try to ensure that the material included on the Website is correct, reliable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of this information or any technical problems you may experience when using the Website. If we are informed of any inconsistencies on the Website, we will try to correct them as quickly as possible. In particular, we disclaim any liability having to do with:
– incompatibility of the Website with any of the User’s equipment, programs or telecommunications connections;
– technical problems, including errors or inaccuracy of the Website; It is
– failure of the Website to comply with the User’s requirements.
To the fullest extent of applicable law, You agree that We will not be liable for any consequential or incidental damages (both terms include, without limitation, loss of liquidity, loss of profits, loss of business, loss of anticipated savings, wasted of resources, loss of privacy and loss of data) or any other indirect, special or punitive damages arising from or related to the use of the Website.

  1. Separation

If any part of the Terms is found to be unlawful, void or for any other reason unenforceable, then that part will be deemed severable from these Terms and will not affect the enforceability and enforceability of any remaining part of these Terms.

  1. Renounce

No waiver will be lifted by Us as a waiver of any precedence or succession of breach under the terms provided.

  1. Complete agreement

These Terms entirely form the basis of any agreement between Us and You.

  1. Law and jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Portugal and any disputes will be decided exclusively by Portuguese courts.

  1. Reviews

By submitting a review, the User guarantees us the right to publish, translate, derive, distribute and display such content through any means of communication that affects Us.
You grant the right to use the name provided in connection with such content if we so choose.
The User agrees to waive the right to be identified as the author of such content and to derogatorily object to this content.

Updated October 11, 2023.