General Terms & Conditions
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We would like to thank the "User for the use of our "Websites"
www.alcaxua.com (“eShop online”)
www.minasdacaveira.com
www.alcaxua.wixsite.com/eshop ("eShop online")
www.blogalcaxua.wordpress.com.
By continuing to use the Websites, the User declares that he accepts these Terms & Conditions ("Terms") in their entirety and without any restrictions.
1. Digital Services and Privacy
The use of our "Digital Services" on the Websites is managed according to the Terms & Conditions for Digital Services ("Rules_Online"), which include our Privacy Policy.
2. General Conditions of Sale
These Terms define the contractual rules for any and every sale of products or services (together "Articles") between the owner of the Websites, Alcaxua, Lda. ("Company") and the User, these being the only rules applicable between the two parties.
The offer, transaction and sale of Articles through the Websites are made on behalf of the Company
Alcaxua, Lda.
Place Minas da Caveira, IC1 Km 599
7570-107 Canal Caveira, Portugal
[NIPC] PT51042010
Place Minas da Caveira, IC1
The Company that owns the Websites may, at any time, change all or part of the Terms set forth herein without prior notice from the User.
2. Values, Prices and Articles
The values shown on the pages of the Websites are generally for information only and correspond to common values representing dimensions, weights or other variables (dates, time periods, temperatures, etc.) and may differ in relation to the Articles offered on the Websites, especially in the case of trees, plants or fruits.
The prices on the Websites are in Euros and, if there is no other indication, include the respective VAT amount currently in use in Portugal. These prices and the specifications of the Articles may be changed by the Company, without prior notification. The User must take into account that the costs of delivery of the ordered Articles will have to be added to the prices of those Articles, if they are to be delivered to another location other than the Lugar Minas da Caveira.
Items sold outside the European Union (EU) are sold without VAT, and the User will be responsible for paying any local taxes, fees and customs duties, as well as the costs associated with importing the Articles.
The reservation and sale of tickets, passwords or vouchers for entry to certain places, to take part in events or other activities, Articles eventually related to the rental of equipment, means of transportation or other non-permanent elements, are carried out according to a process identical to the order and purchase of material Articles. However, digital articles have no additional delivery costs and will be sent by eMail.
3. Purchase Order, Acceptance and Billing
Placing purchase orders on the Websites is only possible when delivery and billing addresses are within the national territory, exclusively in mainland Portugal.
Purchase orders for destinations in Portugal other then specified above or for other countries may eventually be considered, subject to acceptance by the Company and after mutual agreement with the User on the additional terms and conditions for the execution of the purchase and sale contract. However, the Company makes no commitment to automatically accept any purchase order.
Purchase orders for delivery to PO Boxes will not be accepted.
In general, the Articles presented on the Websites are limited to the quantity in stock, the limit of the allotment or the maximum availability of the respective provision of the service. In some cases, Articles that are currently unavailable are already marked as such on the Websites. In the event of an order for items currently not available, the Company will inform the User accordingly as soon as possible.
TPurchase of certain Articles may be limited in its purchase quantity. Information on limitations to the purchase of Articles may be available on the Websites or may only be communicated to the User later.
The acceptance of the purchase order placed on the Websites must be confirmed by the Company. The purchase order confirmation includes all the contractual elements necessary for the payment of the total value of the purchase order to be made, possibly including the costs of the respective delivery to the destination confirmed in the document issued by the Company. For those purposes, a document proving acceptance of the purchase order will be issued.
The Company reserves the right not to accept the purchase order request, informing the User, in the following cases, but not exclusively:
• due to lack of Articles in the warehouse
• due to unavailability of part or all of the order
• the fact that the Company considers that the User does not have the necessary conditions to comply with these Terms, or
• because there is or has been misconduct on the part of the User or any inconsistency in his registered Personal Data, namely the deliberate transmission of false information or incorrect Personal Data.
4. Purchase Costs and Delivery
The shipping costs associated with each purchase order will be calculated individually depending on the type of Articles and its packaging, the mode of transportation and delivery and the total value of the purchase order. These costs are usually included in the total invoice amount or will be invoiced later depending on the terms specified by the Company for that purchase order.
The deadline or delivery date is subjected to confirmation, and in any case may be changed for reasons previously unknown. In this case, the Company will inform the User as soon as it has become aware of this situation.
In certain cases, it may not be possible for the purchase order to be delivered in one single delivery run in its entirety. In this case, the transportation costs may be changed and the User will have to accept this situation and to pay additional costs.
In case there is currently Articles stored in unsufficient quantity to satisfy the purchase order request in its entirety, the User will be informed by the Company and the User will have to make a decision on how to proceed, maintaining or canceling the purchase order of the Article(s) lacking.
In certain cases, there is the possibility that the User can check the status of his order along the transport route using the tracking function of the respective transportation company.
5. Payment Methods
The User can pay the value of his purchase order via bank transfer. If possible and available, you can also make payment through the ATM service, debit or credit card.
The User must send the Company proof of payment by eMail, in order to facilitate the process in progress.
6. Order Cancellation
The User may withdraw from the purchase order, provided that it has not yet been processed by the Company. A purchase order cancellation can be formalized through information transmitted by eMail sent to eShop@alcaxua.com. The User must mention the purchase order number and his tax identification number [NIF] or of the Legal Entity [NIPC], or the VAT identification number or personal identification document in the case of a person or entity from a country other than Portugal, and await confirmation by the Company.
7. Devolution
The User may return the Article(s) within a maximum period of:
• 2 working days, after receiving Fruits
• 5 working days after receiving trees or plants, or
• 10 working days, after receiving any other type of Articles.
Within the respective periods indicated above, the customer may proceed with the complaint of any defects, inconsistencies or inadequacy of the Article(s) in relation to the purchase order, provided that it is within the responsibility of the Company.
In case of acceptance of the complaint, the Company can then initiate the return process, through a mutual agreement with the User (in this case the "Customer") in the form of an agreed procedure. In the event that the return has a just cause, the Company will assume the costs of returning the purchase order and eventually the costs of delivery of equivalent Article(s). The fact that a return has been accepted, implies the Customer's responsibility not to alter the purchased Article(s) in any way, especially when referring to Articles such as Trees, Plants and Fruits; in this case, the return cannot be accepted and the costs inherent to its return will be borne by the Customer.
In a situation where the reasons for the return are within the responsibility of the Company, the return may eventually be accepted, after mutual agreement between the parties involved in the process, implying a detailed definition of the procedure, the packaging of the Articles and the amount to be paid by the User, considering the transportation costs of delivery and return.
8. Limitation of Liability
The information presented on the Websites was made with the necessary integrity so that it is in conformity with the objective reality and free from typographical or presentation errors. In the event that the information presented does not correspond to the characteristics of the Article, the User will be entitled to a complaint or even to its return, after confirmation by the Company.
Some of our Articles are natural and may vary in color, smell and/or taste, or if not properly packaged, they may lose their essential qualities. The responsibility for the purchase, use or consumption of the Articles rests solely with the User.
The photographic elements presented on the Websites are merely illustrative, especially with regard to products such as trees, plants or fruits; for this type of article, the dimensions shown may not correspond exactly to the Articles for sale. We recommend that the User consult the characteristic descriptions of the respective Articles and obtain detailed information on the Websites. The User can also request detailed information by email to eShop@alcaxua.com and/or make reference to the specific characteristic of their requirement in the purchase order request.
The price of some products may eventually be indicated in the sales documents with values different from those presented on the Websites or those initially calculated as the sales price, so we ask the User to check the prices whenever he receives a proposal or a confirmation of his purchase order.
Except for the limited resources above, and except to the extent not permitted by law, the Company is not responsible for direct or indirect, incidental or special, punitive or consequential damages (including, but not limited to lost profits, revenues, business, opportunities or goodwill) that directly or indirectly arise or relate to the Articles, regardless of the legal or equitable formulation legislated or otherwise, including, but not limited to warranties, contracts, negligence, fraud or strict liability. In any case, the value of economic, financial or other liability on the part of the Company is limited to the value of the respective Article(s) of the purchase made (excluding tax) and confirmed by a Company document, the issued invoice or in other case the amount defined by in the purchase order acceptance document.
9. Law and Jurisdiction
These Terms and any matter related to the Websites will be governed by Portuguese law and Portuguese courts will have exclusive jurisdiction over them.
These Terms were last updated:
on February 25, 2021
Alcaxua, Lda. is a family owned and operated business.
Site administrator: alcaxua @ alcaxua.com
