General terms and conditions

This document sets out the General Terms and Conditions governing the use of the website www.arborvitae.pt.
For proper use, we suggest that you carefully read the conditions before using this website. By continuing to use it, the user consents to these conditions.

The website www.arborvitae.pt is intended for the promotion and sale of goods and services by Magnólia Fresca, Lda (hereinafter “ARBORVITAE”), with registered office in the parish of Alhandra, São João dos Montes e Calhandriz in Vila Franca de Xira, district of Lisbon, with NIPC 510 526 594 and registered under that number at the Commercial Registry.
For any clarification related to this site or to these General Terms of Use and Contracting, ARBORVITAE may be contacted through the following means:
Email: geral@arborvitae.pt
Website: www.arborvitae.pt [contacts]

The site, as well as all its content, is protected under Intellectual Property Law, in particular by copyright and industrial property. Any use, reproduction or mention, in whole or in part, of its contents is strictly prohibited and constitutes an offence when carried out without the prior authorisation of ARBORVITAE.

Use of the site domain or of links directed to it for abusive purposes and without prior authorisation may give rise to legal action by ARBORVITAE. ARBORVITAE disclaims any liability for the abusive placement of links to the site on other pages, for the origin of those pages and for the content thereon.

The trademarks and product names used on the site are the property of the respective companies. Any use, under any title whatsoever, of the trademarks and/or logos and/or any other content made available on the site is subject to the express authorisation of ARBORVITAE or of the relevant intellectual property rights holder.

The creation of links to the site, any framing of the site, and generally any use of an element included therein, is subject to ARBORVITAE's prior express authorisation, which may be revoked at any time at its sole discretion. ARBORVITAE reserves the right to (i) request the removal of any link to the site that has not been, or ceases to be, authorised and (ii) claim damages in compensation for any losses suffered as a result of such link.

ARBORVITAE does not automatically collect any personal information from users, who may browse the site without providing any personal information, remaining anonymous during their visit. However, ARBORVITAE may collect non-personal information intended to optimise navigation on the site.

Personal information voluntarily provided by the user when registering, purchasing products or services and completing any form on the site is for the exclusive information of ARBORVITAE and its partners, and will not be disclosed to third parties without the prior consent of the data subject.

Personal data collected through the site are strictly confidential and used exclusively by that entity to understand the identity and preferences of its customers, and are processed automatically in accordance with applicable law. This information may be used, among other things, to process online purchases, personalise the site, ascertain how the user uses the site, and to assess the type of advertising on the site.

ARBORVITAE grants data subjects the rights of access, rectification, erasure, restriction of processing and portability; to that end it is sufficient that they access the registration field and make the changes they deem necessary, or that they contact ARBORVITAE's services.

Information or data provided by the user will be processed in accordance with the Privacy Policy.

For the purposes of accessing the personal account, the user must ensure the confidentiality of their access credentials, so as to prevent misuse by third parties.

By using our site and/or making purchases through it, the user undertakes to:

Use it only to make genuine enquiries or purchases. In case of doubt regarding false or fraudulent purchases, ARBORVITAE will contact the user and may cancel the order(s) and inform the competent judicial authorities;
Provide us with your correct email address, postal address and/or other contact details. You also consent to the use of the information provided to contact you. If you do not provide us with all the necessary information, we will be unable to process your order.

By creating an account or making an online purchase through this site, the user declares that they are over 18 years of age and have legal capacity to enter into contracts and make payments. The user is responsible for the accuracy and truthfulness of the data communicated to ARBORVITAE.

In the event of breach of these General Terms or improper use of the site, ARBORVITAE reserves the right to block or cancel the user's registration.

The website www.arborvitae.pt is equipped with security systems to ensure the protection of data entered by users, as well as to prevent unauthorised access, improper use, disclosure, loss or destruction.

It is, however, the user's responsibility to ensure that access to the site is carried out on a secure device whose operating system is duly updated and protected against harmful software or computer viruses. The user alone is responsible for ensuring their protection and security when accessing the site.

In this regard, it is advisable always to bear in mind the following security recommendations:

Do not use public computers or other devices to enter personal data, such as credit card numbers;
Safeguard the confidentiality of your personal data;
Do not lose or forget your access codes and password;
When finishing access to your personal area, always end the session;
Always use an up-to-date antivirus on your device;
Make sure your operating system is up to date;
Make sure your browser is up to date;
Use an enabled firewall: having a firewall installed and enabled blocks some external access attempts to the computer, making it less vulnerable

The data, prices and specifications on this site are presented for information purposes only, ARBORVITAE reserving the right to modify at any time, and without prior notice, the information and commercial offer presented regarding: products, prices and promotional campaigns, commercial conditions and services.

The published prices are valid for purchases made on this site with delivery in Mainland Portugal or the Autonomous Regions of Madeira and the Azores, save for computer or typographical error. The price displayed to the user at the time of the online purchase will be the price charged at the payment stage.

Stock information (for items that so warrant) provided for each item is updated regularly but is merely indicative, so there may be some discrepancy between the information presented online and actual stock. All Outlet and Flash Sale promotional campaigns have limited stock, and stock shortages or changes in the value of the items concerned may occur without prior notice.

ARBORVITAE makes the necessary efforts to ensure that the information presented is free from errors, namely regarding product characteristics and respective prices, stocks and photographs. Notwithstanding, ARBORVITAE is not liable for the accuracy or completeness of any information made available on the site. In case of doubt or clarification, the user may contact us at geral@arborvitae.pt.

General access to the site is not subject to any prior registration by the user. However, the user may create an online registration linked to their customer record at ARBORVITAE in order to benefit from a set of additional features.

This registration may be created by completing the registration form provided for that purpose in the following ways:
Website www.arborvitae.pt: the user may access the registration page or create a new registration during the online purchase process.

Through online registration, the user can:

Registration data: access and modify their personal data;

My lists: create shopping lists and consult products selected during the browsing session, and subsequently edit, print or add them to the shopping basket;
Orders: make purchases on www.arborvitae.pt or consult the history of orders already placed online and in store, with access to their details (order summary, order status, among others);
Newsletter: subscribe to receive the newsletters regularly sent by ARBORVITAE, in which products, services and other content of interest indicated by the user at registration are promoted;

ARBORVITAE shall not be liable to the user or third parties for withdrawing any product or service published on www.arborvitae.pt or for altering or deleting any information about them. Exceptional circumstances may arise that involve refusal to process an online order, even after the order confirmation has been sent.

ARBORVITAE reserves the right to refuse an order for various reasons, including:

When the product or service is no longer available;
In the event of an incorrect price for an item or service;
When delivery or billing details are incomplete or incorrect;
In the event of inability to deliver to the address provided;
In the event of suspicion of a false or fraudulent order;
When the order has not been paid within a maximum of 2 days after its creation;
In the event of suspicion that the user does not comply with the site's conduct policy.

ARBORVITAE reserves the right to inform the user of the refusal of the order in question and to propose or request alternative resolution solutions. If a consensual solution or contact with the user is impossible, the order will be cancelled by ARBORVITAE, with a full refund of the amount paid by the user, to be returned by the same payment method.

From time to time, ARBORVITAE may make commercial offers by providing promotional codes. A promotional code will entitle the user to benefit from a promotion relating to the purchase of a specific item/service or a set of items/services during the period of the respective promotional campaign.

The promotional code will automatically activate the associated discount, which will be reflected immediately in the final amount payable by the user, and is not exchangeable for its cash value.

Use of each code is subject to the specific conditions of the promotional campaign in which it is included, so before making an online purchase the user should check the conditions of the campaign in force.
Promotional codes are only valid for purchases made on www.arborvitae.pt.

ARBORVITAE reserves the right to segment online campaigns and promotions.

The user may cancel an online order placed on www.arborvitae.pt at any time until the start of its production (personalised item) or its delivery (generic items in stock), with the right to a refund of the total amount paid.

After receipt of the order, pursuant to Article 10 of Decree-Law No. 24/2014 of 14 February, the user has the right to cancel or return their purchase without having to give any reason and without any costs being charged to them.

Notice of withdrawal from the contract must be given by the user to ARBORVITAE by email to geral@arborvitae.pt, or via the contact form.

The user must keep the goods so as to be able to return them to ARBORVITAE in proper condition of use, with all their components, accessories and original packaging, while being able, with due care, to inspect and handle the goods. ARBORVITAE reserves the right not to accept the return of items showing signs of improper use or that have been altered from their original state.

The user has no right to withdraw from the contract in the case of personalised and/or made-to-measure products, or products which by their nature compromise the proper safety and hygiene conditions of the product in question.

Online order deliveries may be made in two ways: collection at a "pick-up" location and delivery to the address indicated.
The average delivery time varies according to our products. For exact information on delivery times, please contact us before placing your order.

pick-up

When placing an online order, the user may request free collection of the ordered products at a pick-up location of their choice.

When the item(s) ordered by the user are available for delivery, the ARBORVITAE store will send an email to the user advising that the order may be collected at the pick-up location.

If after repeated attempts it proves impossible to contact the user to collect the order, the ARBORVITAE store will send to the address provided at the time of the order a registered letter with acknowledgement of receipt, granting a further period of one week to collect, failing which the deposit paid and any right over the ordered item(s) will be forfeited.

Once the period referred to in the preceding condition has elapsed without the user collecting the order, the ARBORVITAE store is entitled to retain the amount paid by the user and to proceed with the sale of the ordered and uncollected item(s), and the user may not subsequently claim from ARBORVITAE payment of any sum, compensation or indemnity, under any title whatsoever.

For the purposes of collecting the order, the user must have a personal identification document and the purchase confirmation email (or a copy thereof).

In the event that ARBORVITAE does not make available to the user the item(s) purchased within 60 days from validation of the purchase, the user may cancel it, such cancellation conferring the right to restitution of the amount paid and nothing further may be claimed from ARBORVITAE, under any title whatsoever.

requested address

ARBORVITAE provides for delivery of products ordered online, duly packaged, to the address and on the date indicated by the user for that purpose. The indicated date may be subject to change, namely due to stock unavailability or carrier contingencies; however, ARBORVITAE cannot be held liable if delivery is not completed within that period.

Depending on the delivery service, the user will be notified by SMS or email by the carrier on the day before the delivery date or on the day itself, and may reschedule a new delivery if necessary. ARBORVITAE does not make deliveries on Sundays or public holidays.

If, for any reason, ARBORVITAE cannot proceed with delivery on the scheduled date, the user must be informed accordingly and must be given the option to choose a new date or to cancel, with a full refund of the amount paid.

With regard to delivery costs, these are variable, calculated according to the type of products ordered and the distance between the destination address and ARBORVITAE's registered office. Assembly of items is not included in the respective delivery cost, except when the chosen service expressly so indicates (available only for certain items).

These General Terms and Conditions of Use are subject to Portuguese law in force at the time. Any conflict or difference of interpretation shall be submitted to the Portuguese court with territorial jurisdiction.

If the user is outside Portugal, ARBORVITAE advises that any legal proceedings must be brought before the Portuguese courts.

Pursuant to Article 18 of Law No. 144/2015 of 8 September, ARBORVITAE Portugal informs that, in the event of a dispute, the consumer has the possibility of resorting to a Consumer Arbitration Tribunal assigned to the district of Lisbon.