Terms and Conditions

These terms and conditions relate to the use of the website www.almadocacau.com by users and their relationship with our brand.

The website www.almadocacau.com is owned and managed by Pure Brands, holder of the tax number 508593450, with registered office at Zona Industrial de Oliveira do Hospital, Lote 17A, 3400-060 Oliveira do Hospital - hereinafter Alma do Cacau, with email contact geral@almadocacau.com and telephone number +351 238 609 892 (National landline call)

Please read these terms and conditions carefully as they affect your rights and obligations under the law.

If you do not agree to these Terms, please do not access or use the Website.

If you have any questions about these Terms, please contact us.

These Terms and Conditions (hereinafter "Terms") set out the use of the Alma de Cacau website (hereinafter "Website") by users (hereinafter "User") and their relationship with our brand (hereinafter "We", "our"). Please read all articles carefully as they affect your rights and duties in accordance with current legislation.

If you do not agree to these Terms, please do not access or make use of the Website.

The User, by ordering any of our products or services, agrees to be bound by these Terms.

You should print a copy of these Terms for future reference.



If you have any questions regarding these Terms, please contact us.

Agreement

By using the Website you agree to be bound by these Terms and you authorise us to transmit data (including updated information) to obtain third party information, including but not limited to, User's debit and credit card numbers or credit reports in order to authenticate your identity, validate your credit card, obtain initial credit authorisation and authorise individual transactions.

Amendments

We reserve the right to:
- update these Terms regularly. It is your responsibility to check for such modifications. These modifications will apply to your use of the Website once notification of them has been issued by way of an announcement on the Website. If you do not wish to accept the new Terms, you should not continue to use the Website. Continued use of the Website after the date on which the modifications take effect indicates agreement to be bound by the new Terms;
- modify or withdraw, temporarily or permanently, this Website and the material (or parts) contained therein without notice and the User accepts that we shall not be liable for any modification or withdrawal of the Website or any content;
- disable any user identification code or password that We have provided to You, whether chosen by You or allocated by Us, at any time, if in our opinion You have failed to comply with any provision of these Terms.

Registration

The User, by using this Website, warrants that:
- you are legally capable of entering into binding contracts;
- the personal information you provide upon registration is true, accurate, current and complete in every respect
- and is not impersonating any other person or entity.
You undertake to notify us immediately of any changes to your personal information by email or telephone contact.

Privacy Policy

All your personal information will be treated as confidential and will be processed and used in accordance with our Privacy Policy. By using the Website you consent to such processing and warrant that all information provided by you is accurate.
When you shop on this Website, we will ask you to enter personal details so that we can identify you, such as your name, e-mail address, billing address, delivery address, credit card information or other means of payment. We ensure that this information is held by Us in accordance with all applicable legal requirements.

Protecting your security

To ensure that your debit, credit or prepaid card is not being used without Your consent, We will validate the name, address and other personal information provided during the order process against appropriate third party databases. We take the risk of online fraud seriously. There is a possibility that You may be contacted for additional security checks and we therefore ask for your co-operation.

Fraudulent transactions will not be tolerated and any such attempts will be reported to the appropriate authorities.

By accepting these Terms, You consent to such checks being carried out. In carrying out these checks, personal information provided by You may be disclosed to registered credit bureaus who may keep a record of that information. This is only done to confirm your identity. We do not carry out any credit checks and your credit rating will not be affected. All information provided by You will be treated securely and lawfully.

Compliance

The User agrees not to:
- upload or transmit through the Website any computer viruses, Trojans, Worms, logic bombs or anything created for the purpose of interfering with or disrupting the normal operation of a computer;
- upload or transmit through the Site any defamatory, offensive or obscene material; and
- attempt unauthorised access to the Website, the server on which it is hosted or any server, computer or database connected to the Website. You must not attempt any denial of service attacks on our Website.

Any such breaches will be reported to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any breach of this provision, the User's right to access the Website will cease immediately.

We will not be liable for any loss or damage caused by a DoS attack, viruses or other technologically harmful material that may affect your computer equipment, programs, data or other proprietary material due to Your use of the Website or Your downloading of any material posted there or on any web pages linked to the Website.

Third Party Links

For the convenience of our customers, the Website may include links to other web pages or material beyond our control. Please be advised that we are not responsible for such pages or material and we do not review or endorse them. We will not be held responsible for the privacy practices or content of such pages nor for any damage, loss or offence caused or alleged to be caused in connection with the use of our reliance on any advertising, content, products, materials or services available on such pages or external media.

Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, You will be notified by email (or other means if no email address has been provided) and may choose to wait for the product to become available from stock or cancel the order.
Any orders placed by You will be treated as an offer to purchase our goods or services and, as such, We reserve the right to refuse such offers at any time. You acknowledge that automated confirmation of Your order does not validate Our acceptance of Your offer to purchase any goods or services advertised on the Website. A contract between Us and You will be concluded when:

(i) payment of such order takes place or;
(ii) we dispatch the goods or commence the services, whichever is the later, at which point an e-mail will be sent to You confirming that the contract has been concluded ("Confirmation of Delivery").

The contract will relate only to those goods or services for which dispatch has been confirmed in the Order Confirmation.
We take all reasonable care to keep order and payment details secure and in the absence of negligence on our part we will not be liable for any loss that you may suffer if a third party gains unauthorised access to any data supplied by you when accessing or ordering from the Website.

Products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and suspend accounts that we believe are ordering products in breach of this section.

It will be the User's responsibility to assume the risk of the products once delivered to the delivery address specified when placing the order. We do not accept responsibility where an incorrect delivery address is provided or where You do not collect the products from the specified delivery address.

Notwithstanding this, the risk of loss or damage to the products will only be your responsibility after delivery to the delivery address.

Pure Brands entrusts the delivery of its orders to an external transport service and it is not possible to schedule deliveries. It will be necessary to ensure that someone is at the address indicated by you to receive your order.

Alma de Cacau orders are dispatched from Monday to Friday, from 9am to 6pm, excluding public holidays.

The delivery time will vary according to the country of destination. The estimated time of delivery varies between 3-5 working days for mainland Portugal, for articles in stock. The estimated delivery time for personalised items may extend up to two weeks.

In case of unavailability of the product(s) ordered, Pure Brands will promptly inform the customer and refund the amount paid, within a maximum of 15 (fifteen) days from the knowledge of the unavailability.

Delivery shall be deemed to have taken place upon signature of the delivery receipt at the agreed address.

The shipping costs are the responsibility of the customer, and for each order an automatic calculation of this value is made during the checkout process, and that varies depending on the weight of the order, the country of destination, etc.

In the case of shipments outside the European Union, Pure Brands is not responsible for any delays or customs costs, which are the responsibility of the customer.

          9. Rights of exchange or cancellation

Under Decree-Law No. 24/2014 of 14 February, applicable to contracts concluded at a distance, you have the right to freely terminate a new contract (right of free termination or withdrawal), without giving any reason, within 14 calendar days from the date of conclusion of the contract or the date of receipt. To withdraw, you simply have to communicate your decision to us in an unequivocal manner (it is not sufficient to return the goods). You can do this by letter, telephone or e-mail.

The cooling off period ends 14 days (in a row) after the date of delivery of the product. If the end of the period does not fall on a working day, the period is extended to the next working day.

Goods received and not used must be returned within 14 days of the date you informed us that you wish to cancel the purchase.

The exchange or return of personalised or otherwise altered items at the customer's request is not authorised.

Under our Total Satisfaction Guarantee, if the product does not fully meet your expectations you can return it within 14 days of receiving the order at your home and we will immediately refund the amount spent.
The product should be in perfect condition and returned in its original packaging, with no signs of use and so that we can provide you with a better service, we would appreciate it if you could explain the reason for the return. However, we remind you that we will only reimburse the cost of returning items that were delivered in error or items that are damaged or defective.

Alternative Dispute Resolution

In accordance with the provisions of Law 144/2015 of 8th September, we inform you that there are entities available to consumers for the alternative resolution of consumer disputes. Moreover, under the terms of the aforementioned legal diploma, the contacts listed below are made available:
Centre for Consumer Conflict Arbitration of Coimbra District
Fernão Magalhães, nº 240, 1º - 3000-172 COIMBRA
Tel.: 239 821 690
Email:geral@centrodearbitragemdecoimbra.com
Web-site:http://www.centrodearbitragemdecoimbra.com
Finally, we inform that this commercial company is not a member of any of the entities identified above.

Prices and payments

All prices on the Website include VAT (where applicable) at the rate in force and are correct at the time of entering the information into the system. However, we reserve the right to change prices at any time without notice (other than changes affecting orders for which an Order Confirmation has already been sent).

In the unlikely event that the price shown on the confirmation page is wrong and this error is discovered before we accept Your order, in accordance with clause 9, we are under no obligation to sell the goods at the price displayed. We always try to ensure that the prices of goods displayed on the Website are accurate but errors may occasionally occur. If we discover an error in the price of goods ordered by you, you will be informed as soon as possible and you will have the option to keep your order at the correct price or cancel it. If You choose to cancel and You have already paid for the goods (but they have not yet been dispatched) you will be fully refunded.

The User confirms that the payment method is managed by you, among the options provided by Alma de Cacau: MBway, Multibanco, Paypal, Bank Transfer and Credit Card.

We reserve the right to wait for the payment within 48 hours. In case the payment is not successful, you will be notified through the email address provided.

In case you do not want us to try to process the payment again, please cancel your order before processing.

We authorise the use of promotional codes strictly on the terms and conditions on which they are issued which, amongst others, may include terms relating to Your eligibility to use them and a maximum order value. You should familiarise yourself with these terms and conditions before placing an order as we reserve the right to reject or cancel any orders which do not comply with these Terms even if your credit or debit card has been charged.

If there is any inconsistency between the terms and conditions under which the promotional codes were issued and these Terms, the terms and conditions of the promotional codes prevail. You can obtain a copy of the terms and conditions of the discount codes by emailing or contacting us by telephone.

Intellectual Property

The content of the Website is protected by copyright, trademarks, databases and other intellectual property rights.

You acknowledge that the material and content provided as part of the Website will remain with us. You may browse and display the content of the Website on a monitor, save content in electronic form on disk (but never on a server or any storage device connected to a network) or print a copy of the content for your personal, non-commercial use, whilst keeping intact at all times any and all copyright and proprietary notices.

You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.

Limited Liability

Supply of goods:
(a) On breach of these Terms through our fault, we will only be liable to You for losses suffered as a result of our breach (whether in contract, tort (including negligence), breach of statutory duty or vice versa) and which are a foreseeable consequence of our failure.
(b) Nothing in these Terms excludes or limits our liability for:
- death or injury caused by negligence
- fraud or fraudulent conduct
- any breach of obligations implied by applicable law;
- products that are defective under consumer protection law;
- any deliberate breaches of these Terms which would give rise to a breach of contract;
- or any other matter for which it would be unlawful for us to exclude or attempt to exclude your liability
Use of the Website:
any liability having to do with:
- incompatibility of the Website with any of the User's equipment, programs or telecommunications connections;
- technical problems, including errors or inaccuracy of the Website; and
- failure of the Website to meet the User's requirements.
To the fullest extent permitted by applicable law, You agree that We shall not be liable for any consequential or incidental damages (both terms including, without limitation, loss of liquidity, loss of profits, loss of business, loss of anticipated savings, waste of resources, loss of privacy and loss of data) or any other indirect, special or punitive damages arising out of or in connection with Your use of the Website.

Severance

If any part of the Terms is deemed unlawful, void, or for any other reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the viability and enforceability of any remaining part of these Terms.

Waiver

No waiver will be raised by Us as a waiver of any precedence or succession of breach under the terms provided.

Entire agreement

These Terms form in full the basis of any agreement between Us and You.

Law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Portugal and any disputes shall be exclusively adjudicated by Portuguese courts. 

Reviews

By submitting a review, You grant us the right to publish, translate, derive, distribute and display such content by any means of communication allocated to Us.You grant us the right to use the name provided in connection with such content if We so wish.You agree to waive the right to be identified as the author of such content and to object disparagingly to such content.

Updated may 10, 2023.