Terms and Conditions

1. Scope and Object of the General Store Conditions

1.1 These General Conditions are intended to regulate the terms and conditions governing the provision of the Mel Pirata Online Shop Service ("Service" or "Shop") by Paulo Pirata - Comércio, Produção de Mel e Serviços Apícolas, Unip., Lda, with registered office at Rua 25 de Abril, nº 9, 7050-011 Fazendas do Cortiço, under the single registration and legal person identification number 516 651 315, hereinafter referred to as "Mel Pirata".

1.2 The Service consists of providing, via the address https://melpirata.pt, access to the Online Shop which, in addition to providing information on a range of products and/or services, allows the User to electronically order the products advertised therein, under the terms and conditions described herein.

1.3 Product orders must be placed by Users aged 18 (eighteen) or over (individuals under this age must be authorised by their representatives). The elements and information transmitted by the User will enjoy full legal effect, with the User recognising the electronic purchases, and the User may not claim lack of signature for breach of the obligations assumed.

1.4 The following are the terms of a contract between the User and Mel Pirata. By accessing and using this Website the User admits to having read and understood these terms and will comply with all applicable laws and rules.

1.5 If the User does not agree with these terms, please do not use this Website. The material presented on this Website is protected by law.

1.6 Mel Pirata may change these Terms and Conditions at any time, and the date of the last update is available at the top of the page.

2. Product Information and Content

2.1 Mel Pirata will endeavour to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of withdrawal - see point 8).

2.2 Mel Pirata will endeavour to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Mel Pirata to control, such as human error or incidents in computer systems, it will not be possible to make any of the products ordered by the User available. If a product is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund, if you have already paid for it.

2.3 All information about prices, products, specifications, promotional activities and services may be changed at any time by Mel Pirata.

3. Responsibilities

3.1 All products and services commercialised in the Mel Pirata Online Shop are in accordance with Portuguese law.

3.2 The Store has adequate security levels, however Mel Pirata shall not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or arising from the downloading ("download") through the service of files infected or containing viruses or other properties that may affect the User's equipment. If for any reason access to the Mel Pirata Online Store website is not possible, Mel Pirata will not be liable for any damages.

3.3 Data and information queries made within the scope of this Service are presumed to have been made by the User, and Mel Pirata declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 Mel Pirata shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it through wilful misconduct or gross negligence.

3.5 Mel Pirata shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the Service when this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for:

1. errors, omissions or other inaccuracies concerning the information made available through the Service;
2. damages caused by the fault of the User or third parties, including intellectual property violations,
3. for non-compliance or defective compliance resulting from compliance with judicial decisions or decisions of administrative authorities or
4. for non-fulfilment or defective fulfilment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to Mel Pirata and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Mel Pirata which prevent or impair the fulfilment of the obligations assumed.

3.6 Mel Pirata does not guarantee that:

1. the Service is provided uninterruptedly, is secure, error-free or works infinitely;
2. the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any expectations of the User in relation thereto;
3. any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation.
4. no advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty that is not expressed in these General Conditions.

3.7 The User accepts that Mel Pirata can in no way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting therefrom:

1. the use or inability to use the Service;
2. the difficulty of obtaining any substitute goods;
3. unauthorised access to or modification of personal databases.

4. User obligations

4.1 The User undertakes to:

1. Provide correct personal details and addresses;
2. Do not use false identities;
3. Respect the order limits imposed.

4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Mel Pirata declines any responsibility. In the event that the consumer violates any of these obligations, Mel Pirata reserves the right to eliminate future purchases, block access to the shop, cancel the supply of any other services made available simultaneously by Mel Pirata to the same User; and also not allow the User future access to any or all services made available by Mel PIrata.

5. Privacy and Personal Data Protection

5.1 Mel Pirata guarantees the confidentiality of all data provided by Users.

5.2 The personal data identified on the order form as having to be provided is essential for Mel Pirata to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Mel Pirata refusing to provide the Service.

5.3 The User's personal data will be processed and stored in computerised form and is intended to be used by Mel Pirata within the scope of the contractual and/or commercial relationship with the User, and for any other purpose, provided that express consent has been given by the User.

5.4 Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to the use of the same for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data via email melpirata@melpirata.pt.

5.5 The Internet is an open network, so the User's personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessed and used by unauthorised third parties, and Mel Pirata cannot be held responsible for such access and/or use.

5.6 For further information and in addition to the above, please consult the Privacy and Cookie Policy of this Service.

6. Shipping

6.1 Your order will be prepared immediately upon receipt of the order.

6.2 If products are out of stock at the time of placing your order, and if this information has not been updated in the Shop, we will contact you using the details provided by the customer at the time of registration (email or telephone) to suggest replacing or deleting the missing products from your order.

6.3 All products are sent by post after confirmation of payment, and will be delivered the next working day by TNT/FedEx courier with an approximate arrival time of 2-3 working days after leaving our premises.  

6.4 If you have not received your order after this period, please contact us using the form on the page Help or by emailing melpirata@melpirata.pt.

6.5 Upon delivery, the Customer must check that the order is free of damage or anomalies and, if so, reject receipt of the order. The goods are deemed to have been delivered in perfect condition if they are handed over to the Customer, thus admitting the absence of any damage or anomalies that may have occurred during the transport process. 

7. Order cancellation

7.1 At the User's request

The User can cancel their order by contacting Mel Pirata at the telephone number or by e-mail with the order number, which will be accepted as long as the order has not yet been processed. Once it has been processed, Mel Pirata will try to deliver it, but the User has the option of not accepting it.

For the purpose of cancellation, the User must provide Mel Pirata with the following information:

1. Order number
2. TIN with which you placed the order and delivery address

7.2 By decision of Mel Pirata

Mel Pirata reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Mel Pirata reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these are the result of technical problems or errors beyond Mel Pirata's control.

8. Return (Right of cancellation)

8.1 The Customer may return the order, in part or in full, within the first 14 days of receipt, with the exception of perishable products. To do so, please contact us using the form on the page Help or by emailing melpirata@melpirata.pt, who will inform you of the procedures to follow. 

8.2 Products must be returned in the same way, with all wrappings sealed and no evidence of tampering with the protective tape.

8.3 Mel Pirata reserves the right to refuse returns where there is evidence of tampering with the wrapping or protective tape.

8.4 Shipping costs and collect shipping fees are non-refundable. The customer bears the costs and assumes the risks for the return, if not otherwise agreed with the supplier, and must in any case be put in writing.

8.5 Special orders placed by customers cannot be refunded or exchanged.

9. Payment

9.1 The products to be supplied must be paid for in advance by ATM, credit card or MBWAY when the order is placed or within 48 working hours of finalising the order.

9.2 Failure to transfer payment for the order within 8 days is sufficient grounds for cancellation.

10. Price

10.1 The sales prices that appear in the Shop on the date the order is placed are valid, except for computer errors or clerical or programming errors.

10.2 All sales and transactions are subject to VAT (Value Added Tax), which is included in all products and services, and shipping fees where applicable.

10.3 Sale prices in the online shop may differ from those in physical shops.

11. Invoicing

11.1 If you want an invoice with a VAT number, you must fill in the relevant VAT field when placing your order.

11.2 If the field is not filled in or an invalid tax number is entered, the invoice will be issued as Final Consumer.

12. Intellectual Property

12.1 The Shop is a registered site and the Service provided by the site itself is the responsibility of Mel Pirata.

12.2 The User recognises that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

12.3 The User acknowledges that any content appearing in the advertisement, highlight, promotion or mention of any sponsor or advertiser is protected by the laws on copyright and related rights, the laws on industrial property and other property protection laws, so that any use of such content may only take place under the express authorisation of the respective owners.

12.4 The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from carrying out any acts that may violate the law or the aforementioned rights, such as the reproduction, commercialisation, transmission or making available to the public of said content or any other unauthorised acts aimed at the same content.

13. Service safety conditions

13.1 The User undertakes to comply with all applicable legal provisions, in particular not to practice or encourage the practice of unlawful acts or acts that offend morality, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for using the Service, under penalty of Mel Pirata suspending or deactivating the Service under the terms set out in the point 14.

13.2 The User expressly recognises and accepts that the IP Network is a public electronic communications network that can be used by several users and, as such, is subject to computer overloads, so Mel Pirata does not guarantee the provision of the Service without interruptions, loss of information or delays.

13.3 Mel Pirata also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unforeseeable nature, external to Mel Pirata and which cannot be controlled by it).

13.4 In the event of an interruption in the provision of the Service for reasons of unforeseeable overload of the systems on which it is based, Mel Pirata undertakes to regularise its operation as soon as possible.

14. Suspension and Deactivation of Service

14.1 Irrespective of any prior or subsequent notice, Mel Pirata may, at any time, and in its sole discretion, discontinue making the Service and/or part of the Service available to any or all Users.

14.2 Mel Pirata also reserves the right to immediately suspend or terminate access to the Service in the following cases:

1. When the User does not comply with the conditions of use referred to in point 4 and others referred to in the Terms and Conditions;
2. When Mel Pirata ceases access to the Store, with prior notice of 15 days before the date of cessation.

14.3 Suspension or termination of the Service by Mel Pirata, under the terms of the preceding paragraphs, shall not entitle the User or any third party to any indemnity or other compensation, and Mel Pirata shall not be held liable or in any way burdened by any consequence resulting from the suspension, cancellation or termination of the Service.

14.4 In the situations described above, Mel Pirata will notify the User in advance so that he/she can, if he/she wishes, safeguard the content of his/her order viewing area within 3 (three) working days of the e-mail being sent or the information being made available on the Service's home page.

15. Communications

15.1 Without prejudice to other forms of communication provided for in these Terms and Conditions, notifications made to the User relating to the Service, including any changes to these Terms and Conditions, may be made to the User's e-mail address or telephone contact.

15.2 The User agrees to receive any communication and/or notification related to the Online Shop at the address, contact telephone number and/or e-mail address ("e-mail") indicated in the order process.

15.3 At any time, you can request not to receive these communications and/or notifications via the Contact Form or via the "Do not receive the Newsletter" option included in each Newsletter.

16. Complaints and Dispute Resolution

16.1 The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Mel Pirata about acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2 The complaint must be submitted within a maximum of 30 (thirty) days from the time the User becomes aware of the facts, and must be registered via the electronic platform.

16.3 Mel Pirata must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of receipt.

17. Applicable Law

16.1 The Contract is governed by Portuguese law, which shall be taken into account in any cases omitted from these Terms and Conditions.