CGV

TERMS AND CONDITIONS

1. Introduction

This website belongs to the company Marion Trotte Unipessoal Lda., with portuguese tax number 514039230, and headquarters at Rua 5 de outubro 37, 1DT, 7800-454 Beja, Portugal. This general terms and conditions govern the relationship between the company Marion Trotte Unipessoal Lda. hereinafter referred to as LUSITAN BOX, and third using the web page www.lusitanbox.com, hereinafter referred to as users, clients or customers. It is understood by « product » the object bought with purchase agreement.

These Terms and Conditions concern the use of the Site www.lusitanbox.com as well as the services provided through it. Please read these Terms and Conditions of use, as they govern your access to this Site and how you use it. By accessing, browsing or using this Site, you accept fully and without reservation these Terms and Conditions of use (the « Terms »). If you do not agree to the Terms, do not use or access this website. LUSITAN BOX reserves the right to change these Terms at any time by updating this text. We would advise you to review these Terms for each use of the Site, because its use after publication of the amendments constitute full acceptance of the changes. By agreeing to these Terms, you also agree with the Site’s Privacy Policy, which are incorporated herein.

All Site content is copyright 2016 LUSITAN BOX & Marion Trotté, unipessoal, Lda. All rights are reserved by LUSITAN BOX, as expressed in these Terms, no license is granted and no rights are transmitted to access or use the Site.

Performing any purchase through the Site necessarily implies acceptance of the Terms and Conditions without objection or reservation of any kind. LUSITAN BOX can impose rules and limits your use of the Site or restrict your access to part or all of the Site without notice or penalty. The website use will constitute  your full acceptance of the changes.

2. Use of the site

Users may use the Site only for your own/personal and non-commercial use in compliance with these Terms. Users are responsible for your own communications, including transmission, uploading or posting of information on the site and are responsible for the consequences of such communications. LUSITAN BOX reserves the right to revoke the user’s ability to access the products/services offered on the Site, for any reason, at any time, including as a result of a violation of these Terms and Conditions or Privacy Policy, without notice. Use of the Site is void where prohibited by law.

By using the Site and/or place orders through the same, the user undertakes to: 1) use the Site only to make legally valid inquiries or orders; 2) Do not make any false or fraudulent order; 3) provide LUSITAN BOX some personal and contact data, necessary for the processing of the order.

The site is, normally, available round the clock, 7 days a week, and throughout the year, except in case of interruption, voluntary or not, regardless of the cause. It may especially be maintenance. LUSITAN BOX company can not be held responsible for any damage of any kind whatsoever, resulting from the unavailability of the Site.

3. Geographical area

The products and services of Lusitan Box are available in the UE countries. Some products, such as wines and beverages are only available in Portugal & Spain. For subscriptions or sales outside of these regions, please contact us by e-mail to : contact@lusitanbox.com.

4. LUSITAN BOX services and subscriptions

This service provides to its customers a box, containing food products or crafts, promotions and merchandising items. Those boxes aim to promote Portugal through its products, its producers and its craftworkers, its tourist offers and natural resources. All in a unique and custom design.

Our subscription service send a box every 3 months, for example a box for the months of January-February-March, a box for the months of April-May- June, etc. Which is 4 boxes per year to the customer’s house.

It is expressly agreed that LUSITAN BOX reserves the right to suspend the sending service box for a month. In this case, Customers will receive their box next business month.

The subscription service of LUSITAN BOX is a subscription with a 1 time payment for 6 months or 12 months.

By subscribing to this offer, the customer subscribes to the delivery service of the box every 3 months for the duration of his or her choice, 6 or 12 months from the date of subscription. Payment is made at once, for the entire service for the specified period. Customer can’t unsubscribe from this offer before the end of the period, except for reasons set out in Article 6 « Unsubscribe » of these Terms.
By validating the order, and after checking the content of the order and, where appropriate, making changes, the customer declares to accept fully and without reservation all of these Terms and Conditions. After confirming the content of the order, the Customer will validate definitively by the payment. The order will be final only after payment of the corresponding price.

Usually the first box will be shipped the month following the month of purchase of the subscription. For example a subscription contracted in January will result in the delivery of the box of “January-February-March” in february and a subscription contracted in March will result in the delivery of the box from “April-May-June” in April.
Subscriptions are possible until 20th of the month before the delivery except in exceptional cases (like limited stocks). So a subscription made before February 20th will be effective for the box of “January-February-March”, and will be received in March.

In all cases, the trimestral subscription, 6 or 12 months may be temporarily or permanently interrupted by LUSITAN BOX. LUSITAN BOX can not be held responsible for the damage suffered by the Customer.

It is expressly agreed that LUSITAN BOX reserves the right to suspend the delivery service of boxes for a month. In this case, the Customer will receive the box next business month. LUSITAN BOX can not be held responsible for the damage suffered by the Customer.

5. LUSITAN BOX accounts

Customer accounts

Customers say they are major and fully capable of contracting.

To access certain services on the Site, you may be required to provide specific information. All information must be true. All access codes or passwords should be stored at all times. The customer is responsible for the security of his/her access codes and passwords and will be the only responsible for any use or unauthorized use of the Site under these access codes or passwords. To understand how we use the information from LUSITAN BOX users, see our Privacy Policy.

The service of box delivering is reserved for personal use of the consumer with an account. Products sent by LUSITAN BOX can not be sold under any circumstances by the Customer or exploited for any commercial purposes. If this is the goal, the customer must create a corporate account and provide the necessary information, see paragraph of Terms about corporate accounts.
When ordering, the customer will have to fill in a questionnaire. The Customer shall ensure accuracy and compliance of the information provided to the company LUSITAN BOX (personal data, mode of delivery, address for delivery and/or billing address etc.). If the customer make a mistake in the delivery address, LUSITAN BOX will not be held responsible for improper routing of the box. LUSITAN BOX can not be held responsible for any data entry errors consequences.

Once confirmed the content of the Order, and after accepting without reservation all of these Terms, the Client will validate his order by payment. According to the regulations the bank details of the Client are not retained by the company LUSITAN BOX.

Corporate accounts:

Corporate accounts are for companies wishing to acquire the LUSITAN BOX services for commercial purposes or making exceptionnal orders of LUSITAN BOX products for their company.

To open a corporate account on the site, you needs to enter the necessary information for billing and proof of the existence of the company’s activities. This account will be activated after verification of its data by LUSITAN BOX team. Customers with a business account are subject to acceptance of the Terms and privacy policy like other LUSITAN BOX customers .

6. Unsubscribe

The Customer may request the ending of the 6 months or 12 months subscription, for the following reason:

– Absence from the territory covered by the contract during a period greater than six months after its notification to LUSITAN BOX (if 6 months are between the beginning and the end of the annual subscription). The Customer must notice its decision to LUSITAN BOX by a registered letter addressed to LUSITAN BOX, including a valid proof.

All unsubscribe to a subscription of 6 months or 12 months will result in the reimbursement by LUSITAN BOX within thirty (30) days of the date of the valid notification of an amount depending on the progress of the subscription.

This amount is calculated as follows: the price of subscription paid multiplied by the number of remaining kits to ship by LUSITAN BOX divided by 2 (subscription 6 months) or 4 (1 year subscription) according paid subscription.

7. Rates of services and products for sale on the website

The price of LUSITAN BOX products and services are those appearing regularly on the site www.lusitanbox.com, except in cases of manifest error.

LUSITAN BOX products and services for sale on this website are displayed in Euros including tax.

Prices does not include shipping costs, charged in addition to the price of services and goods purchased according to the amount of the order and the country of delivery. Shipping charges are shown before the registration of the order by the Customer.

Prices can be modified by LUSITAN BOX at any time.

8. Features & Compliance of the Products

LUSITAN BOX may change at any time the range of products and services for sale on its website, without prejudicing Customer’s Orders.

Customer may, prior to his order, take note on the Website, www.lusitanbox.com, the essential characteristics of service and/or product(s) they wish to order. Regarding the delivery service of boxes, it is expressly agreed between the parties that the customer subscribes to receive a surprise box. Products included in the box are not known by the customer before ordering. Client is informed and fully accepts the characteristic of this service.

Photographs, graphics and descriptions of products for sale are only indicative and not binding LUSITAN BOX.

9. Availability

In case of unavailability of one or more products or services after placing the order, the Customer will be notified by email. The amount of the order will be recalculated and the Customer will be refunded the difference. If the Order is entirely unavailable the Customer will be notified by email and will be fully refunded. In this case, LUSITAN BOX can not be held responsible for any damage suffered by the Client.

10. Controls

When The Customer confirms his/her order, he/she is deemed to have accepted knowingly content and conditions of the Order concerned, especially these Terms, but also prices, volumes, characteristics, quantities and delivery times of products ordered by the Customer. Also, LUSITAN BOX reserves the right to suspend or cancel any enforcement of an order and/or delivery, whatever its nature and level of execution in case of default in payment or partial payment of any sum due by the Customer, in case of payment incident or in case of fraud or attempted fraud in the use of the website LUSITAN BOX, including on the occasion of earlier controls.
Furthermore, in case of email address error, the responsibility of LUSITAN BOX can not be held. In this case the sale will be considered final. The Customer may nevertheless exercise its right of withdrawal in accordance with Article 14 of these Terms.

11. Payments

All orders are payable in euros.

For subscriptions of 6 months or 12 months, the payment will be made at once and will not be renewed automatically. An invoice will be sent to the client.
The Customer warrants LUSITAN BOX, she/he is fully authorized to use the card for the payment of his/her order and that such payment means legal access to sufficient funds to cover all costs of his order on the website www.lusitanbox.com.

LUSITAN BOX can not be held liable for any fraudulent use of the payment method used.
LUSITAN BOX reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution in case of non-payment of any amount due by the Customer or in the event of a payment incident.

The delivery of any new order may be suspended in case of late payment of a previous order.

Payments on www.lusitanbox.com website are possible through Paypal with a paypal account. Otherwise payments are processed by CEMG and Redunicre through an online gateway, and can be made with credit cards (VISA, Mastercards), MB way, NET24 (for Montepio’s clients).

12. Delivery

Terms and conditions for delivery:

Products purchased on the Site www.lusitanbox.com are delivered only in the geographical area specified in Article 3 « Geographical Area » (unless special agreement between Lusitan Box and the customer).

Products will be delivered to the address indicated by the Client on the website during the registration of the order according to the delivery method chosen on www.lusitanbox.com website.

Delivery is made by our logistic partners and can be different according to the kind of product you ordered, and you the country of delivery. Boxes are generally shipped withing 3 to 5 working days after shipping date.

LUSITAN BOX can not be held responsible for consequences due to delayed delivery.
In any case, if the package is returned to the sender, a second delivery will be at Customer’s expenses.
If the package is again returned to the sender, it will not be returned to the Customer and the amount corresponding to this command, including the costs of any additional delivery will be charge to the customer.

Terms and conditions for box delivery service:

LUSITAN BOX send every 3 months a box to Clients at the shipping address provided by them during the order process.

In case of change of place of delivery desired, Customer shall advise LUSITAN BOX at least fifteen (15) days before the start of the month in question, by modifying its coordinates on his account, or sending an e-mail to contact@lusitanbox.com.

Local pick-up:

When ordering you can chose to pick-up your order in one of our local pick-up places, client is the only responsible for picking up his/her order, and should be sure he/she checked the places available as local pick-up. If the order is not picked after fifteen (15) days of staying in the local pick-up place, it will return to LUSITAN BOX and no reimbursement will be made to the client.

13. Return

Within seven (7) days from receiving the order, the Customer may request to return LUSITAN BOX product(s).

To do this, the Client will send an email to contact@lusitanbox.com, LUSITAN BOX will process this request and notify the Customer of its decision by email. The customer will then return the parcel at its expense to LUSITAN BOX within a period of one week. Product (s) must be returned in its original packaging, in its original condition, new, unopened, to the following address:

Lusitan Box, Parque de empresas, Lote 24

Ninho Edificio de empresas – Ateliê 1

7900-571 Ferreira do Alentejo

PORTUGAL

The return is on Customer’s responsability.

If the product(s) is (are) not returned by the Client within seven (7) days from the receipt of the order, or if the product(s) is (are) not returned in the state described above, the return is considered canceled and the Customer must keep the product. The product(s) returned is (are) refunded within a maximum period of thirty (30) days from its receipt by LUSITAN BOX.

The Customer is required to notify LUSITAN BOX any observation on the delivered product (eg damaged package, already open, missing parts) within 2 days after receiving the product. In case the product turned out to be defective, the Customer will benefit from the conditions laid down in this article.

If the product is found to be defective, the customer will receive a new product in the stocks. If out of stock, the customer will receive an equivalent. No other compensation can be claimed to LUSITAN BOX company for non-receipt of a box. In any case, its liability is limited to the value of the order.

Regarding the delivery service of boxes, it is expressly agreed between the parties, that no return will be possible because of the nature of the service: The customer has subscribed to a box containing « surprises » products and will not request its return if the products are not suitable surprises to him/her.

14. Rights and withdrawal deadlines

The Customer has a period of fourteen (14) days to exercise his right of withdrawal from the date of receipt of the order or the date of subscription to return, at its expense, products ordered for reimbursement.

To exercise his right of withdrawal the Customer must inform LUSITAN BOX its request by sending, within the period mentioned above, an email contact@lusitanbox.com or via a registered letter.

Products or box must always be returned to LUSITAN BOX to the address specified in Article 13 « Return ».

In the case of exercise of the right of withdrawal, LUSITAN BOX reimburse the Client for the amount paid within a maximum of fourteen (14) business days from receipt of the return.
The same time applies from the receipt of each box. The return will be at the expense of the Customer, in the original box. The packaging of the box should not be opened.

15. Property Reserve

LUSITAN BOX retains full ownership of goods sold until full payment of the full price, fees, taxes and mandatory contributions included.

16. Intellectual Property

All items displayed on the Site www.lusitanbox.com including, but not exclusively, the texts, commentaries, articles, illustrations, images and trademarks are protected under intellectual property. Total or partial reproduction of the items available on the www.lusitanbox.com Site is strictly prohibited.

17. Guide to content contribution

LUSITAN BOX cares a lot about client’s contribution. If you want to contribute with contents, please consider the following rules.

When uploading or publishing any material or content from the site, or involving LUSITAN BOX contents, you are giving to LUSITAN BOX the full licence and rights to use, copy, distribute, show publically, modify, create derivated work of those materials or any part of it.

The user declare and agree to give full licence rights to LUSITAN BOX to use the given material (like for exemple, texts, pictures, musics or videos). Users also declare and agree not to send to LUSITAN BOX difamatory material or any ilegal, abusive or obscene material. LUSITAN BOX has the right to use any content sent by users without any obligations to protect identity, to give copyrights or any kind of compensation to users.

If users want to share any comments with LUSITAN BOX about the selection of products, prices, order processing, delivery, or other subjects related to the services, please, don’t submit those feedbacks through content’s presentations. Instead, contact LUSITAN BOX through contact@lusitanbox.com.

18. Signature and proof

LUSITAN BOX works to protect the personal information of its customers, but the customer also has a role to play in protecting their personal data. Including the Customer must maintain the security of its transactions online, for example by not communicating to people their username (email address of the Customer) and / or password and regularly changing their password. As such, LUSITAN BOX can not be held responsible for the disclosure of information concerning the Customer to any individual who used their username (email address of the Customer) and / or password.

As such, the use of the ID (email address of the Customer) and / or password of the Customer are valid proof of identity. LUSITAN BOX will in no way be held responsible for the fraudulent use of such informations.

The provision of the credit card number and the final validation of the Order shall be evidence of the acceptance of the order and will be worth payment of the amounts incurred by the seizure of the Order. The records stored in computer systems of LUSITAN BOX and its partners will be considered proof of communications, orders and payments between the Parties.

19. Account Deactivation

Failure by the Customer of obligations under these Terms, all payment incident of an order, acts against the interests of LUSITAN BOX, delivering false information during the account creation, will lead to the suspension of access to the service of LUSITAN BOX or even cancellation of their account and subscription based on the severity of the acts, without claiming damages/interest or compensation or whatsoever to LUSITAN BOX. LUSITAN BOX reserves the right to refuse any order from a customer with whom there is such a dispute, even if using a new account.

20. Customer Service

For information or questions, the FAQ is available on the website www.lusitanbox.com.
For specific questions, customer service is available by email at contact@lusitanbox.com from monday to friday, from 9am until 18pm, Portuguese time.

21. Liability

LUSITAN BOX offers a subscription service and communication around food and related products. However, LUSITAN BOX is not the designer or the manufacturer of all products distributed in the box (hereinafter « partner products »). Therefore LUSITAN BOX will, in no event, be held liable for personal injury and/or intangible and/or damage that may result from the use of partners products in the box that are broadcast under the sole responsibility of the manufacturers and which are used under the sole responsibility of the Customer.

Any claim resulting from the use of partners products in the box should be addressed directly to the manufacturer.

LUSITAN BOX can not be held responsible regarding partners products sold on its website including cases of non-compliance with their instructions. Responsibility for LUSITAN BOX can not be upheld for any damage caused to the Customer or a third party, and subsequent to this improper use.

LUSITAN BOX’s responsibility due to these Terms shall not be incurred if the breach of its obligations is due to the fact of one third, the fault of the Customer, or upon the occurrence of a fortuitous event or major forces that would unable or delay the execution. Are considered as such, including, but not only, war, riots, insurrection, civil unrest, strikes of all kinds. LUSITAN BOX inform the customer of such a fortuitous event or major forces within seven (7) days of its occurrence. These conditions suspend the obligations of LUSITAN BOX cited in these terms, for the duration of their existence.

The information available on the Website is provided « AS IT IS » without warranty of any kind, either express or implied, in particular regarding the integrity, accuracy, timeliness, non-infringement, availability , reliability or completeness of the information, products, accessories and services appearing on the Website of LUSITAN BOX or their suitability for use as the Client plans to make. LUSITAN BOX can not be held responsible regarding items sold on its website including cases of non-compliance with their instructions. Responsibility for LUSITAN BOX can not be upheld for any damage caused to the Customer or a third party, and subsequent to this improper use.

LUSITAN BOX disclaims any liability for direct and indirect damage whether foreseeable or not, caused during the use of the website. In case of LUSITAN BOX responsibility is established and retained because of an injury suffered by the Customer and exclusively attributable to the placement of an order on its website, the responsibility of LUSITAN BOX is limited to the amount of the Order paid by the customer.

Any complaint filed by a user, including any Customer, against LUSITAN BOX must be made in the months of the onset of the event, subject of the complaint.

22. Modifications of these Terms

LUSITAN BOX reserves the right to modify and update these Terms and Conditions of Sale without notice. To be informed of any such modifications, LUSITAN BOX advises the Customer, and in general any user to read the Terms of its website regularly. Any Order will be subject to the Terms in effect at the time of the Order.

23. Communication between the Client and LUSITAN BOX

By becoming a user of the Website, any Customer acknowledges that exchanges between him/her and LUSITAN BOX will be mainly electronic (email) except in special cases presented in these Terms and Conditions or required by law.

Customer acknowledges the validity and evidential value of exchanges and electronic records kept by LUSITAN BOX and admits that these elements receive the same probative value as a written signed by hand.

24. Continuity and transfer of rights and obligations of the contract

Contracts between the Client and LUSITAN BOX and/or its successors and assigns are binding between the parties.

Contracts, rights and obligations of customers may not be assigned or transferred without prior written consent.

LUSITAN BOX rights and obligations may be assigned or transferred at any time without prior consent of the Customer.

25. Partial invalidity

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

26. No Waiver

The failure of either party not to avail themselves to the other Party of a breach of any of the obligations contained within these Terms shall not be construed in the future as a waiver of obligation.

27. Aplicable law and the Arbitration Court

To the terms of this contract is applicable the Portuguese Law.

For any argument the court to be used will be the court of Beja’s district, excluding Any Other.
In case of argument, the customer can also see the following “Entidade de Resolução Alternativa de Litígios de Consumo:” :
CNIACC – National Centre for Information and Consumer Disputes Arbitration
Law Faculty of the Universidade Nova de Lisboa
Campolide Campus | 1099 – 032 Lisboa
Tel.: 213 847 484 (from 15h00 to 17h00) | E-mail: cniacc@fd.unl.pt
http://www.arbitragemdeconsumo.org/
http://www.facebook.com/cniacc
More information on the Consumer Portal www.consumidor.pt
No law 144/2015 from 8 of September