Terms and conditions

1. Ownership of the online store Fragário do Norte fragario-do-norte.com The company Carlos Alberto Silva Mota, Unip Lda (hereinafter, “Fragario do Norte” or simply “Seller”), headquartered at Rua Dr Mota Pinto, 633, 4505-495 Lobão, Santa Maria da Feira, Portugal, with share capital of €5,000.00, VAT number PT 509 743 501, registered at the Commercial Registry of Gondomar, is the legitimate owner of the official website of the Fragário brand do Norte and whose domain can be found at fragario-do-norte.com

2. Contacts and Customer Support For additional information, you can contact Fragário do Norte via email fragariodonorte@gmail.com. If you prefer, you can do so by telephone, from Monday to Saturday, from 9:00h to 12:00h and from 13:30h to 19:30h, through the number +351 960 318 321, or by mail to address Rua Dr Mota Pinto, 633, 4505-495 Lobão.

3. Object and scope of application

3.1. These General Terms and Conditions of Sale exclusively govern the purchase and sale made in the Fragário do Norte online store between the “Final Consumer” as buyer and the company Carlos Alberto Silva Mota, Unip Lda as a seller, and apply to all visitors to the website fragario-do-norte.com, as well as to any transaction of a commercial nature carried out through this virtual online store.

3.2. Browsing the site, as well as purchasing any product at fragario-do-norte.com, implies acceptance of these general conditions of use and contracting.

3.3. To Carlos Alberto Silva Mota, Unip Lda. commercializes all the products displayed and will be the entity responsible for the sale on the fragario-do-norte.com website, and all "e-commerce" services are only available to final consumers.

3.4. “Final Consumer” or “User” or even “Buyer” means any person who acts/purchases for a purely personal purpose, outside their business or profession, therefore, without any desire to to resell the items you purchase at the Fragário do Norte online store.

3.5. To Carlos Alberto Silva Mota, Unip Lda. reserves the right to change these conditions of use and contracting, without prior notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions and services, and any changes will always be published on the website fragario-do-norte.com.

3.6. To Carlos Alberto Silva Mota, Unip Lda. reserves the right not to process any order received from users who are not “Final Consumer(s)” or those who are not in accordance with the general conditions of sale of the “Seller”.

3.7. The "Final Consumer" must provide Fragário do Norte, as a seller, with an e-mail or postal address, or data relating to another form of contact, which are correct and complete and accepts that Fragário do Norte can contact you using this data, if it deems it appropriate.

4. Information about the contents of the Fragário do Norte online store

4.1.The fragario-do-norte.com website is intended only for private use, therefore the reproduction, transfer, distribution or storage of the contents of the Fragário do Norte online store, without prior written authorization, is prohibited for any other purpose than strictly personal use.

4.2. It is expressly prohibited to introduce links to our website for commercial purposes or without prior authorization from Fragário do Norte (“Carlos Alberto Silva Mota, Unip Lda”), as well as the use of the domain fragario-do-norte.com for abusive purposes, without prior authorization, Fragário do Norte (“Carlos Alberto Silva Mota, Unip Lda”) may resort to the competent legal means.

4.3. In the event that you find, on other sites, links that allow you to access fragario-do-norte.com or references to the Fragário do Norte online store, we inform you that “Carlos Alberto Silva Mota, Unip Lda” has no responsibility for the links or pages, nor on the contents inscribed therein.

4.4. We are strongly committed to ensuring that the information presented on fragario-do-norte.com is free of typographical errors and whenever these occur, we will proceed as soon as possible to correct them.

4.5. All contractual information is written in Portuguese, as well as the information on the articles, communications by e-mail and formalization of the sale, with the exception of expressions that are very specific to the universe of articles.

5. Commercial Policy

5.1. In the event that the information presented does not correspond to the characteristics of the product, the Customer has the right to terminate the purchase and sale contract under the applicable legal terms.

5.2.The photographs shown on the website are merely illustrative, so we recommend that you consult the product details for more information about the respective characteristics of the items you intend to purchase.

5.3. Product prices and specifications are subject to change without notice. Despite Fragário do Norte's extreme attention to keeping all information up to date, some products may contain an incorrect price, so we will check prices whenever we process orders. If the product price is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the “Final Consumer” by email and we will wait for your decision to accept the new proposal or cancel the order.

5.4. The product catalog of the Fragário do Norte online store is independent of the physical store, both in terms of the products presented and the quantities in stock. All promotional campaigns have limited stock and may be exclusive to the Fragário do Norte online store.

5.5. The validation of the purchase order or order assumes that the “Buyer” is aware of and accepts the General Conditions and Terms of Sale of the website fragario-do-norte.com.

5.6. All data recorded by Fragário do Norte constitute proof of the set of transactions carried out between the “Seller” and the “Final Consumer”, being the responsibility of Fragário do Norte (“Carlos Alberto Silva Mota, Unip Lda” ) archive the electronic document in which the contract is formalized, undertaking to keep it accessible.

6. Obligations of Customers and Users

6.1.Any visitor to the fragario-do-norte.com website undertakes to comply with and respect these general conditions, namely by observing the following obligations: It is forbidden to introduce, store or disseminate defamatory, obscene, injurious content through the Fragario do Norte website , xenophobic and/or of any other nature that violate the general principles of law and public order; Save, and not disclose, your password to enter the site in order to prevent third parties from accessing your account and personal data; Do not use false identities; Provide your personal data and correct addresses so that Fragário do Norte can properly process orders;

6.2. The “Final Consumer” is solely responsible for the veracity of the personal data communicated to Fragário do Norte and undertakes to insert and immediately report any changes through its Registration Account at fragario-do-norte.com.

6.3. Fragário do Norte disclaims any responsibility for any delay or impossibility of processing the order resulting from an error or insufficiency of the data communicated by the “Final Consumer”, namely at the time of delivery.

7. Online ordering

7.1. To place an order on fragario-do-norte.com, the “User” must have a valid and frequently used e-mail account. Afterwards, simply insert all the products that the “Final Consumer” intends to purchase into the virtual shopping cart, following all the steps of the purchase so that it is completed successfully.

7.2. Placing an order at fragario-do-norte.com is very easy: Browse the pages of the Fragário do Norte online store and find the products you want to purchase; Add the preferred products to the shopping cart using the “Add to Cart” button; The moment you understand that you have already chosen all the items you want to purchase, complete the purchase by clicking on “Continue Order” in the shopping cart; Then, fill in your personal data in a very simple form (pay attention when filling in the address and e-mail); Then select the shipping method; Then select the payment method; Review your order; Proceed to payment by confirming the order; Finally, you will receive an order confirmation via email; At the end of the purchase process, your order is confirmed and you will only have to wait for the days foreseen for the items to be sent by post.

7.3. As soon as you complete your purchase, you will receive an automatic email confirming the transaction. We suggest that you print or download this copy for future reference. If the data is not correct, you can immediately ask for its alteration, or even the cancellation of the purchase made. 7.4. In the event of non-confirmation of payment or non-compliance with these Conditions and General Terms of Sale, Fragário do Norte reserves the right not to accept your order, or to cancel it in whole or in part, even after automatic confirmation of same.

8. Availability of products and order confirmation/cancellation

8.1. Fragario do Norte only processes an order placed by a customer after confirmation of the respective payment, so Fragario do Norte cannot guarantee the availability of the items until the start of said processing.

8.2. Fragário do Norte only ships orders on working days. Thus, to estimate the delivery time of orders, weekends or public holidays are not taken into account. Any delay verified in the dispatch of articles, in view of the estimated dates presented, does not confer the right to compensation.

8.3. The fulfillment of all orders placed on the site is subject to product availability. Fragário do Norte tries to ensure that all items offered for sale on the website are in stock. However, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) reserves the right not to accept any orders or cancel orders already confirmed for products that are no longer in stock. In the event of product unavailability and/or out of stock, “Carlos Alberto Silva Mota Unip Lda” (Fragario do Norte) will immediately inform the “Final Consumer” of the partial or total cancellation of your order, and the buyer is entitled to a refund of the amount paid.

9. Order confirmation or cancellation

9.1. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) may not validate the order that does not have sufficient guarantee of good collection, when the order is incomplete or incorrect, or when the ordered products are no longer available. In any of the aforementioned cases, Fragário do Norte will inform the “Final Consumer” via e-mail that the sales contract has not been carried out and that Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) did not proceed with the sale, specifying the reasons for doing so.

9.2. If the products ordered on fragario-do-norte.com are no longer available at the time of your last access to the website, despite having obtained order confirmation, or when Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) receives your order, the “Seller” will immediately inform the “User” about their unavailability, never exceeding a period of 30 days after receiving the order.

9.3. If an order has been placed, and respective payment, for products that have become unavailable in the meantime, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) will reverse (refund) the money paid for the unavailable items.

9.4. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) reserves the right to refuse any order, regardless of the reason and is exempt from liability for any damages or costs, as well as the right to cancel any purchase even if it has already been has been accepted or confirmed by Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”), namely in the following situations: The information on the invoice is not correct or verifiable; The order is signaled by the Security Systems of the website as an incorrect, irregular order, or an order susceptible to fraud; When the transfer of payment for the order has not been received within a period of 5 working days following the acceptance of your order; When it is not possible to deliver the order to the address provided by the “User”; If you consider that the “Buyer” did not have the capacity to carry out that act. If it is verified that there was an error in the presentation of the price of the product(s); If it is assumed that the order comes from a reseller.

10. Payment Conditions and Security Guarantees

10.1 The available payment methods will be presented at fragario-do-norte.com. We do not accept any other payment methods other than those mentioned.

10.2. You can pay for your products using your usual credit cards, using your personal PAYPAL account, or via bank transfer.

10.3. For payments using a credit card, all details (such as the card number, expiration date or security code) will be sent via encrypted protocol to the company that provides remote electronic payment services, REDUNICRE, without third parties may have access to the transmitted information. This information will not be used by Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”), except to carry out the necessary operations for purchase or reversal (refund), in the case of return in accordance with the exercise of the right of return, or for reporting cases of fraud to the police.

10.4. The purchase price of the products and the transport costs, as indicated in the order form, will be charged to the current account when the purchased products are actually shipped.

10.5. We urge you not to try to make the payment by any other means not specified on fragario-do-norte.com. If it tries, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) cannot be held responsible for the loss of payment, or any other damages that may result therefrom.

11. Security of the Fragário do Norte online store and of all transactions

11.1. The Fragário do Norte online store uses the most recent and robust security technologies available for encryption platforms. All payment information you provide will be encrypted, from the initial moment of your transaction, until the moment the order is processed, and will not be saved on any public server.

11.2. Although we use very advanced encryption software, any payment transmitted over the Internet, or via e-mail, runs some risks, namely when the "User" does not take the necessary precautions and does not assume the proper conduct of responsibility.

11.3. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) cannot be held liable for any damage suffered as a result of the use of electronic means of communication, namely damage resulting from failures or delays in the delivery of electronic communications, interceptions or manipulations of electronic communications by third parties or by computer programs used for communications or virus transmissions.

12. Reservation of Ownership of the products sold

12.1 Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) retains ownership of the company's products until it has received full payment for all such products.

13. Prices

13.1. The prices of products displayed on the website fragario-do-norte.com contain/include Value Added Tax (VAT).

13.2. The total price specified in the final “checkout” menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please only transfer the exact amount specified in the order confirmation and make individual transfers per order.

13.3. Shipping fees are calculated per order, and the exact price of the shipping fee will depend on how your order is delivered.

14. Quality and Warranty

14.1. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) will only sell high quality items at fragario-do-norte.com and will never sell defective products or products of inferior quality to the standards existing in the market.

14.2. The products offered for sale on fragario-do-norte.com may not exactly correspond to the actual item with regard to the displayed image and colors, especially due to the internet browser and monitor used.

15. Shipping of Products and Deliveries

15.1. Products ordered at the Fragário do Norte online store will be shipped and delivered on working days, from Monday to Friday.

15.2. We can only guarantee the good delivery of an order if the address for sending the products is well indicated by the “User”, this address being located in a house or office located in Portugal.

15.3. A delivery is considered made or a product is considered delivered with the signature of the delivery receipt at the agreed address.

16. Shipping Costs and Delivery Times

16.1. The shipping costs associated with your order will be invoiced per order, that is, if you order more than one item, you will only pay the shipping costs once. However, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) reserves the right to divide the delivery of the order, for example, if part of the order is delayed or unavailable. In the event that we proceed to divide the order, the customer will be notified, by e-mail, of our intention. For this purpose, the e-mail address provided by the customer at the time of purchase will be used.

16.2. Shipping costs are shown in the following table and refer to Mainland Portugal, Islands and Europe.

16.2. At the time of delivery, the “Buyer” must inspect the packaging and the products sent in order to check for any damage. If it is found that the products are damaged, the customer must not accept delivery of the order, which must be returned immediately through the “Return” mechanism provided at fragario-do-norte.com. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) will refund the amounts paid for the order and transport as soon as it receives and completes the return process at its headquarters.

16.3. The order is considered accepted if, after receiving the order, the “Buyer” does not return the order within the following 30 days.

17. Delivery times for orders

17.1. Once your order has been registered, payment confirmed and all the items in your order are available, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) undertakes to proceed with the shipment observing the following delivery times: Mainland Portugal, within 3 to 7 business days. In the Archipelago of Madeira and the Azores, on average, between 10 and 12 working days,

17.2. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) will not be responsible for non-compliance, or delay in compliance, with any shipping obligation due to force majeure, i.e. an event, act or omission, beyond its reasonable control.

18. Product Returns

18.1. If you decide to return the purchased products, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) has the right not to accept the return of products if the returned items are not in their original condition and packaging, or if they have been used.

18.2. Upon receipt of the order, the “Buyer” has a period of 30 days to return the item(s) – if it is found to be defective or otherwise non-compliant with the products ordered or by simple withdrawal, without the need to expressly indicate the justifying reason.

18.3. The return of items will be the responsibility of the “Buyer”, if the latter wishes to collect the following costs similar to shipments will apply. Destination Shipping costs Continental home via Carrier 9.00 € Home islands via CTT To be calculated based on the weight of the package

18.4. To proceed with the return, you must contact us via email informing us of your decision and the details relating to the item, namely reference or purchase invoice and date. You will subsequently receive an email from us with all the steps to proceed with the return of the item(s). a) For returns to be made at a Fragario do Norte store: according to the instructions you will receive in the email, you will have to go to a Fragario do Norte store with the item to be returned in the original box. In the store, the article will be analyzed and you will receive a receipt as proof of delivery of the product for return. The return of the money will be made through the website fragario-do-norte.com and will only be made after confirmation and acceptance of the returned item under the stipulated conditions. b) For returns to be made at home: according to the instructions you will receive in the email, you must attach the document provided by the store in the box for returns. The item must be packed in its original box and you will receive instructions on its collection. Once the article is received in our warehouses, it will be analyzed. The refund will only be made after confirmation and acceptance of the item returned under the stipulated conditions.

18.5. After receiving all of the ordered products, or only part of them, at our facilities, we will process them within an average period of one week. If the return is confirmed, you will be refunded the amount through the same payment method. Value refunds are only made to the account/card that originated the purchase.

19. Conditions applicable to Promotional Codes (discounts)

19.1. When used in accordance with the established rules, a promotion code entitles the user to enjoy a promotion/discount on the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.

19.2. Promotional codes are personal and non-transferable and can only be used for online purchases made on the site. It is not allowed to sell, exchange or give away a promotional code. The customer carrying the promotional code may not upload or make available a promotional code on any website or other public form of gift, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.

19.3. The use of a promotional code is subject to only one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.

19.4. Promo codes cannot be redeemed for cash and will not be reissued or refunded.

19.5. Without prejudice to any other rights, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) reserves the right to immediately invalidate the promotional code issued if it suspects that a promotional code is being used in violation of the above assumptions. mentioned.

20. Validity of promotions or commercial campaigns

20.1. Promotional offers or commercial campaigns published on the fragario-do-norte.com website are valid only for the moment they are displayed on the website and in accordance with the established conditions, unless information to the contrary is communicated on the website.

20.2. In the case of returning items purchased within the scope of commercial campaigns or promotions, you will be credited or delivered only the amount you actually spent on the purchase of the item you wish to return or exchange.

21. Liability

21.1. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) will only be liable for damages suffered by the “Buyer” in the event that such damages result from breaches attributable to the contractual obligations of Fragário do Norte (“Carlos Alberto do Norte”) Silva Mota Unip Lda”) before the “Final Consumer”, or in the case of liability resulting from the applicable legal law.

21.2. If the “Buyer” has suffered damages related to the activity of the website, the liability of Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) will be limited to: damage to Fragario do Norte products, reasonable costs and verifiable incurred by the “Buyer” due to the breach by Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) of these General Terms and Conditions of Sale.

21.3. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) cannot be held liable for damages suffered by the “Buyer” as a result of improper use of our products.

21.4. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) is not responsible for damages resulting from incorrect information on the website.

21.5.All products sold by Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) comply with Portuguese legislation.

22. Intellectual and Industrial Property

22.1. All texts, comments, works, illustrations, works and images reproduced or represented on the site fragario-do-norte.com are strictly reserved under the terms of copyright as well as intellectual property rights, for the entire world.

22.2. Accordingly, and under the terms of the Intellectual Property Code, the use of information for private purposes is only authorized, subject to contrary provisions, including more restrictive provisions contained in said code.

22.3. Any total or partial reproduction or representation of the site fragario-do-norte.com, in whole or in part, of the elements included therein is strictly prohibited.

22.4. The corporate names, brands and distinctive signs reproduced on the fragario-do-norte.com website are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the owner of the Fragario do Norte brand.

22.5. If the “User” intends to use information or materials from the site, he/she needs to obtain prior written authorization granted by Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”).

23. DoA Guarantee (“Dead on Arrival”)

23.1. Fragário do Norte guarantees that all our animals are shipped in good condition. If, for any reason, the animal(s) arrive(s) dead(DOA), you must contact us immediately, sending a photo of the bag(s) still sealed.

23.2. The DoA guarantee does not include shipping costs.

23.3. The DoA guarantee will be made in full of the value of the dead animal(s), through credit in the physical or online Fragário do Norte store or replacement for the same product (with the cost of the new shipment to be borne by the Consumer in all options ).

23.4. If the End Consumer is not present at the first attempt to deliver the order, and it is delivered more than 24 hours in transit, this DoA guarantee will be void.

23.5. If the delivery address is the carrier's headquarters, it must be collected by the Final Consumer by the end of the day of arrival, otherwise the DoA guarantee will be void.

23.6. In the event of entering an invalid or wrong address, resulting in the death of the animal(s) ordered, this DoA guarantee will be void.

25.7. Fragário do Norte is not responsible for delays or misconduct resulting in the death of orders during shipping and delivery. The transport of orders is carried out by carriers that provide the live delivery service, and any delay, damage or poor condition caused during shipment is not the responsibility of Fragário do Norte, but of the carrier(s). During shipment and delivery, the general conditions and terms of the carrier(s) in question will apply.

In case of death of animals, caused by delay(s), damage(s) or poor condition caused during shipment, Fragário do Norte will not be responsible for the shipping cost, replacing the amount of the live(s) (s) through credit at Fragário do Norte or replacement of the living (with the cost of the new shipment to be the responsibility of the Final Consumer).

24. Applicable law

24.1. The present General Conditions and Terms of Sale and all emerging disputes that are related to these general conditions, including their validity, the use of the fragario-do-norte.com website or any purchase therein shall be governed by Portuguese law.

24.2. In the event of a dispute regarding the interpretation or execution of these Conditions and General Terms of Sale, Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) and the “Buyer” undertake to endeavor to obtain of a friendly solution, which is fair and adequate, within a maximum period of 60 (sixty) days from the reception of the communication addressed for this purpose by any of the parties involved.

25. Amendment to the Conditions and General Terms of Sale of the Fragario do Norte online store

25.1. Fragário do Norte (“Carlos Alberto Silva Mota Unip Lda”) has the right to change these General Terms and Conditions of Sale at any time. The “Buyer” is subject to the principles and terms in force on the date of his order, unless the law or competent authority imposes any alteration to them.