terms and conditions

The sites www.merceariabio.pt or www.merceariabio.com, hereinafter referred to as online store Mercearia Bio, are intended for the sale of goods and services to Final Consumer over the age of 18, provided by Bio Desafios, Lda. with Headquarters at Rua 25 de Abril, no. 45A, Companheira - 8500-321 Portimão, enrolled at the Conservatória do Registo Comercial de Loulé, with registration number and company number 508 155 690, telephone 282476686, e-mail: mb@merceariabio.pt.

The present contractual conditions are governed by Decree-Law no. 24/2014, of February 14, with successive changes, and apply to all transactions of online commerce, namely ordering, purchase, payment and delivery of goods , made through the online store Mercearia Bio, by the Consumer, hereinafter referred to as Customer. With the acceptance of these conditions, the Customer assumes to have read and accepted them, constituting the same regime governing the ordering, purchase, payment and delivery of products available on the website www.merceariabio.pt/www.merceariabio.com.

With regard to the processing of personal data, the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) shall apply.

According to this Regulation, the conclusion of a contract for the purchase of products online requires the express consent of the Customer to the processing of personal data, which is exercised at the time of registration of the Customer at www.merceariabio.pt or www. merceariabio.com by expressly accepting in the field for this purpose, by means of which the Client also declares that he has been duly informed of all the obligations and responsibilities inherent in the authorization granted for the collection, processing and use of his personal data.

The registration in the online store Mercearia Bio always implies the agreement with the information of use presented in the first access and / or the installation of the application in the mobile equipment.

Bio Desafios, Lda. uses Cookies in order to improve your navigation experience in Sites and Mobile Applications. Cookies are small information files that your browser generates and are stored on your hard drive. These files contain non-personal information, but they allow your identification by Mercearia Bio Channels. The Customer expressly authorizes the use of Cookies by Bio Desafios, Lda.

Customer Registration

To start the purchase process in the online store Mercearia Bio, the Customer must register by creating an account and proceed to the order:

 1. The creation of an account implies the insertion of an email, a password and the personal data regarding name, vat number, telephone contact and address. Registration data should be personal and non-transferable and should not be written in easily accessible places. After completing the registration process, the Customer acknowledges and accepts the Terms and Conditions, explained herein, which are the only ones applicable to the purchase process as soon as it is completed. The Customer also acknowledge and accept our Privacy Policy.

Bio Desafios, Lda assumes that the data entered by the Client is true and of its entire responsibility, and Bio Desafios, Lda. is not responsible for any inaccuracy or incorrect information.

Should you forget your password, you can access 'Login' and, in the Registered Customer box, click 'Forgot your password?', where you must enter your registered e-mail address and then click 'Send'. Automatically and without human intervention, an email will be sent with a link to access the site in order to create a new password. This reply will only be receivedif the email address is a valid one.

After completing the registration process, the Customer is able to make the purchase.

Purchase

The purchase process has several steps, starting with the order, followed by the choice of the type of delivery, payment and finally the confirmation.
1. Order

  1.1 Bio Desafios, Lda will honor orders received online only up to the limit of the available stocks. In the absence of availability of the product the order will be sent whenever it reaches the minimum order amount, which on this date is reported to be € 20 (twenty euros), including VAT, plus postage and other charges. In case the minimum order amount is not reached, Bio Desafios, Lda will send an e-mail to the Customer to suggest identical product or in case this suggestion is not possible, to inform the non-delivery of the order.
  1.2 The orders are valid until the expected date of delivery, except in the case where due to a prolonged stock break, and if agreed by e-mail between both parties, the order will be delivered as soon as the product is received.
  1.3 The expected date of delivery of the order is generated automatically by the online store Mercearia Bio, and it is informed throughout the ordering process.
  1.4 During this process, the Customer will be requested to confirm the shipping address and the billing address. The data contained in the invoice are of the entire responsibility of the Customer. The invoice after it has been issued can not be changed.

2. Delivery

  2.1 The delivery of the order is made on the expected delivery date, which is automatically generated during the order process, or on the business day following the date indicated.
  2.2 The Mercearia Bio online store provides the Customer with several types of delivery with differentiated costs, according to the indicated on the website. These costs add to the value of the order.
  2.3 The delivery of the order is made by Bio Desafios, Lda itself or by a transport company contracted by Bio Desafios, Lda for this purpose. Bio Desafios, Lda reserves the right to make deliveries only in easily accessible places. If it is not possible to deliver to the shipping address, due to the lack of accessibility, the customer will be informed by phone or email, in order to receive the order in a place agreed between the parties.
  2.4 At present Bio Desafios, Lda makes deliveries through its own vehicle, in the Algarve region. For the rest of the country, deliveries are made through CTT Expresso, Serviços Postais e Logística SA and TCI Transporte Courier International, Lda.

3 Payment

In Mercearia Bio online store (www.merceariabio.pt/www.merceariabio.com), Bio Desafios, Lda. Makes available to Customers the following payment methods:

  3.1 Electronic via Easy Pay – Instituição de Pagamento Lda.:

    a) Multibanco Reference – should you choose this method of payment, the data for payment will be included in the invoice we will be sending and payment should be processed within 24h; in case payment is not processed within Bio Desafios, Lda. Reserves the right to suspend the delivery of the order;
    b) Credit card (VISA/MASTERCARD) – in case payment is made through this method, debit will bem made on the Customers’s card immediately after the confirmation of the order’s dispatch; if any of the ordered products is sold out, the correspondente amount will be credited on the Customer card, after closing the order;
  3.2 Charge upon delivery – in case of payment through this payment method, the Customer will pay in cash to the company that will be delivering the order, on the very same date;
  3.3 The payment methods refered on numbers 3.1, line b) and on 3.2 involve payment costs, as stated in the web site. This costs add up to the order amount.

4 Confirmation
  After choosing the type of delivery and method of payment, the Customer confirms his order formalizing the contract of purchase and sale of the selected products through the online store Mercearia Bio.
  The Customer will receive a confirmation e-mail containing the date of the order, the expected date of delivery, the billing data, the shipping address, the selected products, the costs inherent to the type of delivery and the payment method chosen and the total amount to pay.
  On the date of shipment of the order the Customer will receive an e-mail with the invoice issued, which will include all the products to be sent and the associated final cost. This value may be different from the value indicated in the confirmation email due to the available stock and weight variation inherent in the purchase of fresh products in bulk. The amount mentioned on the invoice is the total amount for payment.

5 Cancellation

  The Customer may cancel the order at no additional cost, provided you do so by 4 pm on the day following the order date. After this deadline, the cancellation process is handled on a case by case basis by Bio Desafios, Lda. In this case, the cancellation conditions will be informed by Bio Desafios, Lda to the Customer’s registered e-mail.
  Except if the ordered product does not appear in the online store Mercearia Bio, and has been ordered from the supplier, by Bio Desafios, Lda, solely to satisfy the Customer request. In this case, after the expedition of the order, the conditions set forth in the Free Right of Resolution mentioned below apply.
  To cancel your order the customer must send an e-mail expressing his intention to cancel to the following address: mb@merceariabio.pt
  In case of payment of the goods ordered and the order has not been dispatched, Bio Desafios, Lda. Undertakes the responsibility to reimburse the Customer within 5 working days, by bank transfer to the account indicated by the client, through the email used in the Customer registration.
  If the goods have been shipped, the conditions set forth in the Free Right of Freedom mentioned below will apply.

Characteristics of products and prices

The Mercearia Bio online store is dedicated to the commercialization of certified organic products. The availability of this type of products has associated some unpredictability due to factors external to Bio Desafios, Lda, so the online store Mercearia Bio can only guarantee the existence of stock on the date of shipment of the order.

The characteristics of the products supplied are stated on the website of the online store Mercearia Bio.

Most fresh produce (eg fruits, vegetables, meat, etc.) are sold in bulk, and the price quoted refers to the price per kg, although some of the products are sold packed. In this way, the ordering of this type of products is always subject to their weighing, and may result in a change in the quantity ordered by the Customer.

The prices shown are in Euros, with taxes and fees included, always being considered for payment the price at the time of ordering. VAT will always be taken into account at the time of payment of the order.

In the case of an extended stock break, the price to be charged may vary from the price shown in the online store Groceries Bio, in which case Bio Desafios, Lda will inform the new price to be practiced before the order is shipped.

Promotional prices, discounts or offers are valid for the period indicated in the online store Mercearia Bio, for orders placed during the indicated period and are limited to the existing stock.

Right of free resolution

Under Decree-Law no. 24/2014, of February 14, with the successive changes, the consumer has 14 days after receiving the goods to proceed with the resolution of the contract and the return of the property:

  1.1 The Customer must communicate to Bio Desafios, Lda., The decision to terminate this contract through (for example, letter sent by post to the company's headquarters, e-mail to mb@merceariabio.pt or your available form).
  1.2 The right of free resolution shall be exercised upon dispatch of the communication referred to in the previous paragraph within a period of 14 days.
  1.3 It is the Customer's sole responsibility to prove that he has exercised the right of free resolution within the legal time limit.
  1.4 The Customer must, within 14 days of the date on which he has notified his decision to terminate the contract, return and deliver the goods at Bio Desafios, Lda.
  1.5 1.5 In case of resolution, it is solely the responsibility of the Customer to bear the cost of returning the goods.
  1.6 Bio Desafios, Lda. makes available, with a cost involved, a service for the collection of the goods that are intended to be returned under the right of free resolution:

  1.6.1 In this way, by means of express option of the consumer, the goods can be collected by Bio Desafios, Lda. with a cost of € 30.00 plus VAT, at legal rate.
  1.6.2 In the case provided for in the previous paragraph, the Customer must expressly state that he/she intends that the goods are collected by Bio Desafios, Lda1., through the email mb@merceariabio.pt.
  1.6.3 If the goods are collected by Bio Desafios Lda., the Customer gives his express consent that the cost of the collection will be discounted in the price to be refunded.
  1.7 In case of termination of this contract, all payments made, including delivery costs, will be reimbursed within a maximum period of 5 working days, after receipt of the goods returned. The return will be made by bank transfer to the account indicated indicated by the Customer through the registered email address, in the Customer account.
  1.8 Bio Desafios Lda. may withhold the refund until the goods are received or as long as the Client does not provide irrefutable proof of the return of the goods.
  1.9 The consumer must keep the goods in order to be able to return them in proper conditions of use.
  1.10 The exercise of the right of free resolution shall not interferewith the consumer's right to inspect, with due care, the nature, characteristics and operation of the goods.
  1.11 The consumer is responsible for the depreciation of the property, if the manipulation carried out to inspect the nature, characteristics and operation of that property exceeds the manipulation that is usually allowed in Mercearia Bio stores or wharehouses.
  1.12 With the exercise of the right of withdrawal, the price paid less the amount corresponding to the depreciation shall be returned to the consumer.
  1.13 If the depreciation is total there will be no refund.

Exclusion of the right of free resolution

  1. There is no right of free resolution in the following situations:

    1.1 Supply of goods made according to consumer specifications or manifestly personalized;
    1.2 The supply of goods which, by their nature, can not be resubmitted or are liable to deteriorate or quickly pass the best before date;
        1.3 Supply of sealed goods not subject to return for reasons of health protection or hygiene when opened after delivery;
    1.4 Supply of goods which, after delivery and by nature, are inseparably mixed with other articles;

  2 Without affecting the exercise of rights deriving from the legal guarantee of consumer goods, the following types of products shall be excluded from the right to freedom of choice:

    2.1 Items ordered by catalog;
    2.2 Fresh products, cosmetics, beauty and personal care products, underwear, baby food, dietary supplements, vitamins.

Identification documents

In order to ensure compliance with special legal provisions, especially those concerning alcoholic beverages, as well as the delivery of the articles to whom the purchase was actually made, Bio Desafios, Lda. may request the presentation of a valid identification document from the person who made the purchase and / or receive the order, namely the Identity Card / Citizen's Card or Passport / Residence Authorization Certificate, if you are a foreigner, reserving the right not to make such delivery in case of doubts about their identity.

Applicable law and foro

The present contract is governed by Portuguese law and, for the resolution of any dispute, the foro of the Comarca de Faro is competent, with waiver of any other.

Alternative Dispute Resolution Entities

In the event of a dispute, the consumer may use an Alternative Dispute Resolution Body:

Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (CIMAAL)
Ed. Ninho de Empresas
Estrada da Penha
8005-131 Faro
E-mail: cimaal@mail.telepac.pt
Telefone: 289 823 135
Fax: 280 812 213
Further information on the Consumers Portal: www.consumidor.pt