Terms and Conditions

1. Scope and Object of the General Store Conditions

These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions that will rule the service provided by EFPBiotek Online Store by Empresa Figueirense de Pesca, Lda, headquartered at Rua Major Humberto da Cruz 43/51 – Morraceira, under the only registration number and corporate identification number 500 875 774, with the capital share of € 1,247,749.50.
The Service consists in making available through shoponline@efp.pt access to the Online Store which, in addition to providing information regarding a set of products and / or services, allows the User, electronically, to order the products disclosed there, under the terms and conditions described herein.
Ordering of products must be made by Users 18 years of age or older (individuals under the age of 18 must be authorized by their representatives). The elements and information transmitted by the User will enjoy full legal effects, acknowledging the User electronic purchases, and cannot claim the lack of signature for breach of obligations assumed.

2. Product and Content Information

Empresa Figueirense de Pesca, Lda, will do everything possible so that all the information provided doesn’t have spelling mistakes, which will be immediately corrected when they occur.
If the User purchases a product that has different characteristics from those presented online, the User has the right to terminate the purchase agreement under the applicable legal terms (right of withdrawal – see paragraph 9).
Empresa Figueirense de Pesca, Lda, will do everything possible to ship all ordered products, but it is possible that, in certain cases and due to events difficult to control by Empresa Figueirense de Pesca, Lda, such as human errors or computer systems problems, it might not be possible to deliver some of the products requested by the User.

If a product is not available after an order has been made, the User will be notified by e-mail or telephone. At this time the User will be presented with the possibility of cancelling the order with its refund if the payment has already been processed.

All information about price, products, specifications, promotional actions and services may be changed at any time by Empresa Figueirense de Pesca, Lda.

3. Responsibilities

3.1 All products and services sold on the EFPBiotek Online Store are in accordance with Portuguese Law.

3.2 The Store has the appropriate security levels, however Empresa Figueirense de Pesca, Lda, will not be responsible for any damages suffered by the User and / or third parties, due to delays, interruptions, errors and suspensions of communications that originate from events outside its control, in particular any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connecting software or any computer viruses or download service of infected files or containing viruses or other properties that may affect your equipment. If for any reason of error in accessing the EFPBiotek Online Store website it is impossible to provide services, Empresa Figueirense de Pesca, Lda will not be responsible for any losses.

3.3 Consultations of data and information made under this Service, are presumed to be made by the User, thus Empresa Figueirense de Pesca, Lda declines any liability arising from the misuse or fraudulent use of information obtained.

3.4 Empresa Figueirense de Pesca, Lda will not be responsible for any loss or damage caused by misuse of the Service that is not directly attributable to Empresa Figueirense de Pesca, Lda, as intent or serious fault.

3.5 Empresa Figueirense de Pesca, Lda, is not responsible for damages or losses arising from the breach or defective performance of the Service when this is not directly or indirectly attributable to him as intent or serious fault, not being liable in particular for (i) errors, omissions or other inaccuracies regarding information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) the breach or defective compliance resulting from the compliance with court decisions or administrative authorities or (iv) the breach or defective compliance resulting from occurrences of force majeure and situations of extraordinary or unpredictable nature, non-related directly to Empresa Figueirense de Pesca, Lda, and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, insurrections civilians, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations uncontrollable by Empresa Figueirense de Pesca, Lda, which prevent or hinder the fulfillment of the obligations assumed.

3.6. Empresa Figueirense de Pesca, Lda, does not guarantee that:

i) the Service is provided uninterrupted, secure, error-free, or function infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations of the User regarding it; iii) any material obtained in any way by using the Service is used at the User’s own risk and the User is the solely responsible for any damage to the Users system and computer equipment or for any loss of data resulting from such operation.
iv) no advice or information, whether spoken or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions.

3.7. The User accepts that Empresa Figueirense de Pesca, Lda, can in no way be responsible for any damage, including, but not limited to damages for loss of profits, data, content, or any other losses (even if previously warned by User about the possibility of such damage) resulting from:
i) the use or inability to use the Service;
ii) the difficulty on obtaining any substitute for goods / services;
iii) unauthorized access or modification to personal databases.

4. Consumer Obligations

4.1. The User will comply to:
i) provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.

4.2. If any of the data is incorrect, or insufficient, and therefore there is a delay or impossibility in processing the order, or eventual non-delivery, it is the User’s responsibility and Empresa Figueirense de Pesca, Lda, declines any responsibility. In case that the User violates any of these obligations, Empresa Figueirense de Pesca, Lda, reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services provided simultaneously by Empresa Figueirense de Pesca, Lda. to the same User; and also will not allow future access of the User to any or any services provided by Empresa Figueirense de Pesca, Lda.

4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for resale of goods.

5. Privacy and Personal Data Protection

5.1. Empresa Figueirense de Pesca, Lda, guarantees the confidentiality of all data provided by the User (Users).

5.2. The personal data identified in the order form as being required to be provided are indispensable for the provision of the Service by Empresa Figueirense de Pesca, Lda. The omission or inaccuracy of the data provided by the User is solely of the Users own responsibility and may give rise to the refusal on supplying of the service by Empresa Figueirense de Pesca, Lda.

5.3. The personal data of the User will be processed and stored by computer and it is intended for use by Empresa Figueirense de Pesca, Lda, within the contractual and / or commercial relationship with the User and, in case of authorization by the User, for the marketing of food supplements.

5.4. Pursuant to applicable law, the User is guaranteed, at no additional charge, the right to access, rectify and update his / her personal data, either directly or upon written request, as well as the right to object to their use for the purposes set forth in previous number, and for this purpose contact the entity responsible for the processing of personal data: Empresa Figueirense de Pesca, Lda.

5.5. The Internet is an open network, whereby the Users personal data, other personal information and all content hosted on the Service may circulate on the network without security, including the risk of being accessible and used by unauthorized third parties for the effect, and Empresa Figueirense de Pesca, Lda cannot be held responsible for such access and / or use.

6. Order Cancellation

6.1 Upon the User’s request;
The User may cancel his order by requesting it to Empresa Figueirense de Pesca, Lda, by phone or email referring to the order number, which will be accepted as long as it has not been processed. After processing, Empresa Figueirense de Pesca, Lda, will try to make the delivery, but the user has the option of not accepting it. For the purpose of cancellation the User must indicate the following data to the Empresa Figueirense de Pesca, Lda:
a) Order number
b) Tax Number with which you placed the order and delivery address

6.2 By decision of Figueirense Fishing Company, Lda.
Empresa Figueirense de Pesca, Lda, reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct by the User / Buyer. Empresa Figueirense de Pesca, Lda, reserves the right not to process any order or refund, in case of errors in the values and / or characteristics of the products, when these are due to technical problems or errors not related directly to Empresa Figueirense. de Pesca, Lda.

7. Returns (Rights of Withdrawal)

7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without claiming compensation within 14 (fourteen) days from the day the consumer acquires physical possession of the property.
In order to exercise this right, the User may use the draft indicated below, and must indicate all his / her identifying data, the subscribed service he / she intends to solve and the date of subscription. The communication must be made, by letter, through the return of the acquired good, or by another appropriate means and capable of proof within the period defined above.
The consumer must within 14 (fourteen) days from the date of the communication of the resolution return the goods to Empresa Figueirense de Pesca, Lda, under proper conditions of use.
Draft for free resolution form (You must complete and return this form only if you wish to terminate the contract)
– To [insert name, geographical address and, where appropriate, fax number and e-mail address of the contact person]:
– By this communication / we communicate (*) that I have resolved / resolved (*) my / our (*) purchase and sale agreement for the following good / for the provision of the following service (*) – Requested at (*) / received in (*) – Name of consumer (s) – Address of consumer (s) – Signature of consumer (s) (only if this form is notified on paper). (*) Delete where not applicable.
The package must be returned complete, as it was delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document that proves the receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:
Empresa Figueirense de Pesca, Lda – Rua Major Humberto da Cruz 43/51 – Morraceira 3090-707 Figueira da Foz – Portugal.
If the User chooses other forms of return, the shipping costs will be of the User’s responsibility.

7.2. Upon receipt of the return at the Empresa Figueirense de Pesca, Lda, will be returned to the User the amount corresponding to the amount paid for the order (value of the sales invoice). If the User used a promotional discount code, this amount will not be refunded, the refund will only be for the amount actually paid.

7.3. The method of paying the amount to be refunded depends on the payment method used for your order. Credit card and PayPal payments will be credited to their respective accounts. In other cases, when bank account information is provided, the refund will be made to the indicated bank account. Otherwise, refunding is made by check to the billing address. The reimbursement is made within 14 (fourteen) days after receiving the request for free resolution and receiving the return of the good.

7.4. In the absence of any of the components of the item sold or, if any of them are not in an excellent state of repair, there will be no refund of the price or postage, and the product will be returned to the original shipping address.

8. Manufacturing defect

8.1. In the event of a “manufacturing defect”, when equipment malfunctions are found that are in principle not covered by the respective warranty, the User must return the equipment, together with a copy of the invoice and the form “Order Exchange / Return Date ”completed within 30 consecutive days from date of invoice to the following address:
Empresa Figueirense de Pesca, Lda – Rua Major Humberto da Cruz, 43/51 Morraceira 3090-707 Figueira da Foz – Portugal.
If the User chooses other forms of return, the shipping costs will be of the User’s responsibility.

8.2. In order for the product to be exchanged, the User must ensure that the packaging is complete (box, instruction manual, warranty certificate and accessories) containing all constituent components in excellent condition.

8.3. In the absence of any of the elements mentioned above, or if any of the components are not in excellent condition, there will be no exchange, and the product will be returned to the User

9. Warranty

9.1. All goods available at the Online Store is duly certified by the competent international entities.

9.2. The goods have a warranty period defined by the manufacturer, which, under the legal terms is at least 2 (two) years. This period is considered from the date of invoice of the equipment and can only be exercised upon presentation of the warranty certificate and / or proof of purchase (invoice) duly completed.

9.3. It is considered out of warranty, the goods that has exceeded the expiry period settled by the manufacturer or is found to be defective due to abnormal wear, improper use, weather exposure, electrical discharge, neglect or accident, mishandling, moisture / liquid infiltration, use of non-original goods and technical interventions by unauthorized personnel.

9.4. Warranted goods that fail should be returned with proof of purchase and / or warranty to the following address:
Empresa Figueirense de Pesca, Lda – Rua Major Humberto da Cruz 43/51 – Morraceira 3090-707 Figueira da Foz – Portugal.
If you choose other forms of return, the shipping costs will be your responsibility. The User must always request the shipping receipt slip that proves the shipment of the order.

10. Intellectual Property

10.1. EFPBiotek Online Store is a registered site and the Service provided by the site itself is the responsibility of Empresa Figueirense de Pesca, Lda.

10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable law.

10.3. The User acknowledges that any contained content features in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, and Any use of such content may only occur under the express permission of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, particularly by refraining from any acts that may violate the law or those rights, such as reproduction, marketing, the transmission or making available to the public of such content or any other unauthorized acts relating to the same content.

11. Service Security Conditions

11.1. The User undertakes to comply with all applicable legal provisions, namely, not to practice or encourage the practice of unlawful or offensive acts of good morals, such as the indiscriminate sending of unwanted and not requested information (spamming) in violation of the provisions of the law applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of use of the Service, otherwise Figueirense de Pesca, Lda can suspend or disable the Service under the terms of point 14.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by several users, and as such, subject to computer overloads, therefore Empresa Figueirense de Pesca, Lda, does not guarantee the provision of the Service without interruption, loss of information or delays.

11.3. Empresa Figueirense de Pesca, Lda, also does not guarantee the supply of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of extraordinary or unpredictable nature not related directly to Empresa Figueirense de Pesca, Lda and that cannot be controlled by).

11.4. In case of interruption of the supply of the Service due to unpredictable overload of the systems on which it is supported, Empresa Figueirense de Pesca, Lda, undertakes to regularize its operation as soon as possible.

12. Suspension and deactivation of the Store Service

12.1. Regardless of any prior or subsequent communication, Empresa Figueirense de Pesca, Lda, may at any time, and in its sole discretion, discontinue the supply of the Service and or part of the Service to one or all Users.

12.2. Empresa Figueirense de Pesca, Lda, also reserves the right to immediately suspend or terminate access to the Service, in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Empresa Figueirense de Pesca, Lda, ceases access to the Online Store, upon prior notice 15 (fifteen) days before the date of termination.

12.3. The suspension or termination of the Service by Empresa Figueirense de Pesca, Lda, pursuant to the preceding paragraphs, no matter the right of the User or third parties to any compensation or other compensation, and Empresa Figueirense de Pesca, Lda, cannot be held liable or any encumbered, for any consequence resulting from suspension, cancellation of the Service.

12.4. In the situations described above, Empresa Figueirense de Pesca, Lda, will inform the User, in advance, so that he / she may, wanting to safeguard the contents of his / her order viewing area within 3 (three) business days from the dispatch of the e-mail or availability of information on the main page of the Service.

13. Communications

13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User’s e-mail address by SMS or telephone contact.

13.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and or email address indicated in the ordering process.
At any time, the User may request not to receive these communications and / or notifications through the Contact Form or through the option of “Do not receive the Newsletter” subscribed to each Newsletter.

14. Technical Settings

14.1. Notwithstanding the provisions of the following paragraph, Empresa Figueirense de Pesca, Lda, may change the Service and / or the technical conditions of its provision, as well as the respective rules of use, and shall disclose to the User such changes at least 15 (fifteen) days in advance.

14.2. The current version of these General Conditions and their annexes is available at www.efp.pt.

15. Communications

15.1. Whenever Empresa Figueirense de Pesca, Lda, retains that it is necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it may remotely overhaul network configurations.

15.2. Notwithstanding the provisions of the following paragraphs, and bearing in mind the innovative character of the Service and the technological developments to which it may be subject, Empresa Figueirense de Pesca, Lda, may change its technical configurations whenever appropriate to adapt it to any technological developments.

15.3. Empresa Figueirense de Pesca, Lda, however does not guarantee to the User the performance of any upgrades or improvements in the Service.

15.4. Some upgrades or new features of the Service may be available only upon payment by the User and / or the Users subscription to Specific Conditions of Use.

16. Complaints

16.1. The User may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to the Empresa Figueirense de Pesca, Lda, of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The claim must be filed within 30 (thirty) days, counted from the User’s knowledge of the facts, and registered in the information systems of Empresa Figueirense de Pesca, Lda. thirty (30) days from the date of receipt.

17. Governing Law

The Contract is governed by Portuguese law.