General Terms and Conditions of Use

The access and navigation of this website is subject to General Terms and Conditions of Use, as well as Privacy and Data Policy presented by the commercial company OBVIETIQUETA UNIPESSOAL LDA, NIPC PT515950491, located in Rua da Bolivia 72, Loja JK, 9000-087 Funchal, Portugal, referred to as THE REGIONAL MARKET, as referenced by the registered trademark of which it is the owner.

1. Introduction

All sales completed through the online store www.theregionalmarket.com presuppose the acceptance, by the customer, of the General Conditions of Sale which are established in compliance with the legislation applicable to the e-commerce sector in general, as well as compliance of specific regulations, particularly in terms of food and environmental quality and safety, among others.

THE REGIONAL MARKET has, however, the right to change the General Conditions of Sale without prior notice, particularly in regard to rectifications or corrections of inaccuracies, by updating this text.

THE REGIONAL MARKET is not responsible for any facts arising from the unavailability in the website, whatever may the duration be, and reserves, also, the right to restrict access to some areas of the website for technical reasons or to comply with legal obligations.

2. Concepts and Definitions 

Customer – any person singular, with minimum age of 16 years old, who creates a customer account under the commitment that all information relating to their identification and other data necessary for placing and processing an order, are true, up to date and complete. For all intents and purposes, THE REGIONAL MARKET considers that a legal entity is identified and individualized between its commercial name, registered office and legal entity of identification number indicated at the time of creation of the respective customer account.

Store –  Legal entity or individual responsible for the sale and packaging of the product.

Vendor – individual or legal entity responsible for the good sold, as well as its packaging.

Cookie – small file that is sent and stored in the customers electronic device. When creating an account on the website, the customers device will save a cookie that will allow the customer to be automatically identified whenever they visit the website again.  

Cookies are also used to help the system track the customers steps during a shopping session. If the customer does not accept the use of essential cookies, they will not be able to use this website. 

Personal Data – information relating to an identified or identifiable individual (data subject), who is identifiable directly or indirectly by reference to an identifier such as: name, identification number, email address, IP address, etc.)

Intellectual Property – all intellectual property rights in the software and content available through this website are owned by THE REGIONAL MARKET and are licensed and protected by laws and treaties worldwide.

All the rights are reserved to THE REGIONAL MARKET and its suppliers.

Customers can save, print or display the contents of this website for personal use only.

It is not permitted the publication, distribution or reproduction in any format of any content on this website nor its connection to any business or company, unless expressly authorized by THE REGIONAL MARKET.

Responsible for data control – the commercial company OBVIETIQUETA UNIPESSOAL LDA, better identified above.

Customer Support Service– Customer service, orders management and customer accounts of the online store carried out, under a service provision contract, by the company OBVIETIQUETA UNIPESSOAL LDA., NIPC PT515950491.

Website – website www.theregionalmarket.com, owned and operated by the company OBVIETIQUETA UNIPESSOAL LDA.

At any moment,  OBVIETIQUETA UNIPESSOAL LDA can resort to third parties specifically authorized to perform the necessary acts to fulfill the obligations arising for the clients 

Physical address of the commercial establishment – the headquarters of the commercial company OBVIETIQUETA UNIPESSOAL LDA, Rua da Bolivia 72 Loja JK, 9000-087 Funchal, being the address to which the consumer must send any written complaint.

3. Object

The General Terms and Conditions of Sale regulate the terms of transactions between THE REGIONAL MARKET and the customer.The Privacy and Data Protection Policy, also published in this website, identifies privacy protection measures regarding the processing of personal data and the free movement of personal data, including personalized management tools from personal data provided by the customers. 

4. Ordering and Purchasing process

The ordering and purchasing process is only possible after creating a customer account and/or logging in to the online store, to then follow various sequential steps of the ordering process that will allow the purchase to be registered.

• Payment Terms and Methods.

After completing the order process in the customer’s personal account, the purchase will be registered, and the customer will have a period of time indicated by the selected payment method, to make the purchase. After this period if payment is not confirmed, the order will be canceled. Some payment methods allow the data required for the payment transaction to be saved. However, in this context, no personal data of the customer will be stored, so this data must be managed directly with the provider of the respective service. Exceptions are made for situations in which the service provider allows personal data to be managed directly on our website. In this case, provided these comply with applicable legal provisions, particularly regarding personal data protection, the instructions issued by the service provider will be followed.

In any case, there is no retention of any payment data entered by the customer unless the supplier’s platform allows it and the customer expressly consents to it.

THE REGIONAL MARKET allows various types of payment methods for purchases made in the online store:

• MB WAY
• Entidade e Referência
• Debit Card
• Credit Card
• Paypal
• Payshop
• Bancontact
• EPS
• Giropay
• iDEAL
• Przelewy24
• Apple Pay
• Google Pay
• Boleto

5. Delivery Process

Once the order has been shipped, the customer will receive a confirmation email with the corresponding invoice, the assigned shipping number and a link that will allow them to track the order on the carrier’s website.

If your order contains products from two sellers, you may receive more than one shipping number and more than one package, which may not necessarily be delivered on the same day.

Attempting to track your order online after receiving the shipping confirmation email may not return any results. Shipping information may take up to 24 hours from receipt of the shipping confirmation to be updated on the carrier’s website, without THE REGIONAL MARKET being held liable for this.

Orders are delivered from Monday to Friday, with the exception of local or national holidays, to the address indicated by the customer when placing the order.

• Delivery Services

THE REGIONAL MARKET offers several regular delivery services, which are subject to each carrier’s own procedures, specifically regarding the data required to complete the service, the shipping methods, deadlines, costs, and conditions associated with the specifics of the orders to be delivered, and the mechanisms for validating the identity of the purchase recipient or their representative. THE REGIONAL MARKET is not responsible for any changes to the service conditions provided by the carriers and is solely responsible for ensuring that the procedures followed by the carriers during the delivery process correspond to the terms in effect at the time of purchase. The specificity of some product segments may justify the establishment of a minimum purchase amount, which will always be indicated in the final stage of the ordering process.

Therefore, the delivery options presented may vary depending on the type of products to be delivered, the geographical destination area, and the desired delivery method.

The expected delivery time, as well as any conditions or observations relevant to the order completion date, are indicated as an information note in each delivery option under the “Shipping Method” tab. These delivery times are estimated, and failure to meet them cannot be construed as a breach of contract or an obligation to compensate the customer for a later delivery.

Please note: Delivery times, starting from the date the order is actually shipped, are indicative and are only considered valid when there are no physical or structural impediments (e.g., incorrect addresses or certain circumstances, such as strikes, lost connections, bad weather, etc.). Exceptions are also made for exceptional increases in order volume that may occur during festive periods or promotional campaigns, as well as other circumstances that prevent the regular provision of the delivery service.

The customer may, therefore, choose to receive the order at an address of their choice (except PO Boxes). To do so, simply provide the address where they will be present between 9:00 AM and 7:00 PM on the scheduled delivery date. A courier from the chosen shipping service will make a delivery attempt at the address provided. Whenever possible, and as a courtesy, the courier will attempt to contact the customer by phone to determine the reason for the unsuccessful delivery. Failure to make a telephone contact attempt, as well as the courier’s inability to answer customer return calls, cannot be interpreted as a breach of delivery obligations, as carriers are not required to perform such acts.

Note: It is not possible to choose a specific delivery time as this will be conditioned by the courier’s route on the day of delivery, which is defined by the transport service.

Providing an incorrect or incomplete delivery address may result in the order being returned to THE REGIONAL MARKET and incur additional costs for the customer. Therefore, we recommend that customers always ensure that the delivery address provided when registering the order is correct and complete. Once the order has been registered, it is not possible to change the delivery address or billing information provided.

• Shipping Costs

Shipping costs are automatically calculated by the system and may depend on the following factors:

• actual or volumetric weight of the order (whichever is higher);
• order value*;
• ordered products segment**;
• delivery address;
• carrier tariffs, which are periodically updated.
• chosen products and their sellers.

Likewise, shipping costs will automatically be updated as the customer adds items to the shopping cart.

All specific purchase conditions will be clearly indicated during the ordering process and immediately before confirmation of the respective purchase.

• Shipping Refund

As a rule, and subject to the provisions of the following number, the refund of the amount paid by the customer for shipping costs for an order will only occur in the following cases:

1. i) If the order is not delivered for reasons attributable to THE REGIONAL MARKET or the carrier: the customer will be fully refunded any shipping costs they may have paid. A member of THE REGIONAL MARKET’s Customer Service team from Returns and Refunds will contact the customer to confirm their entitlement to a shipping refund and provide any additional information on this matter.
2. ii) Error in the product(s) shipped or shipment of defective product(s): the customer will be fully reimbursed for any amount paid for shipping costs only if the error or defect occurs in all of the products shipped.

Please note: Refunds can be made using the original payment method, bank transfer, or a refund coupon to be used on future purchases. When receiving a refund coupon, the customer agrees that the refund coupon is valid for 12 months from the date of issue, and after that period, no further refunds will be issued.

• Procedures applicable in the event of incident registrations

In the event that an order is returned to THE REGIONAL MARKET for reasons attributable to THE REGIONAL MARKET, the amount paid for the purchase will be refunded, including shipping and return costs.

The customer may choose to receive a refund using the original payment method, bank transfer, or a refund coupon that can be used on a future order. The coupon will be valid for 12 months from the date it was created. After this period, no refund will be issued. If the original payment was made using a payment method that does not allow refunds using the same method, if authorized, the customer will be contacted to provide the bank details required for the refund, if desired.

If the reason for the unsuccessful delivery and return of the order is the responsibility of the freight forwarder, regardless of the chosen payment method, the customer must submit a written complaint, which will be reviewed by the freight forwarder. Alternatively, and always subject to the customer’s prior and express consent, the complaint submitted by the customer to THE REGIONAL MARKET may be submitted to the freight forwarder as support for the incident arising from the non-delivery.

5. Right to Free – Termination of Contract

In compliance with the provisions of articles 10 and 11 of the legal regime applicable to contracts concluded remotely and off-premises, the customer may exercise their right to freely terminate the contract within 14 days from the day on which the customer, or a third party designated by them other than the carrier, acquires physical possession of the ordered product or, if the order consists of several items that are to be delivered on different days, from the day on which physical possession of the last of the items delivered is acquired. To exercise this right, the customer must send a notification to THE REGIONAL MARKET before the end of the mentioned period.

6. Return and Exchange Procedure

Returns

In addition to the conditions specifically mentioned in the previous paragraph, the customer must also consider whether the product they wish to return was purchased as part of a promotional campaign and, as a result, whether they received a free product. If this is the case, the customer must return not only the product in question but also the free gift that was provided with their purchase. Both products must comply with the aforementioned guidelines, otherwise their return will not be accepted, in which case the customer will bear the costs of reshipment (or possible destruction) and will not be entitled to a refund of any amount.

The article(s) must be sent to the following address:

THE REGIONAL MARKET
OBVIETIQUETA UNIPESSOAL LDA

Rua da Bolivia 72 Loja JK
9000-087 Funchal
Madeira, Portugal

Returns of incomplete, damaged, or scratched products, as well as products without the original packaging and/or label, or products showing signs of having been used, will not be accepted. Likewise, returns of gifts, products with an expiration date of less than one month, personal use products, and any other items whose use involves direct contact with the skin, including but not limited to, film-coated or sealed products, will not be accepted. Due to their nature, returns (and exchanges) of Gift Cards or other types of gifts, frozen, or highly perishable products are not permitted. THE REGIONAL MERKET reserves the right to assess the condition of product packaging and decide whether or not to return the items if the packaging is found to be undamaged.

 Refusal to receive or non-delivery, for reasons not attributable to THE REGIONAL MARKET or the carrier, of orders containing frozen products, with a shelf life of less than one month or highly perishable products will result in the loss of the right to a refund of the price paid for them as well as the costs inherent in the purchase of that segment of products, in particular the costs relating to shipping costs and/or the cost of transport packaging.

Warning: The lack of any element that prevents the product from being returned to stock for sale, namely the respective instruction manual in its original supply condition, implies its immediate classification as an incomplete product and, as such, the consequent non-acceptance of the return.

 Each item to be returned must, therefore, be shipped under the conditions listed above. The shipping agent’s label must be affixed to the original shipping box, or another alternative that ensures the product’s good condition. The label must be destroyed after the returned product(s) are confirmed to be in good condition.

If any of the conditions listed above are not met, the customer will lose the right to a refund. In this case, they will have 10 days to collect the item(s) in question from the facilities listed above, bearing the collection costs.The collection must be carried out by a shipping agent hired by the customer, as in-person collection of the order is not possible for individuals, even if the customer is the customer.

Exchanges

As a general rule, exchanges are not permitted. Customers must return the item(s), request a refund, and make a new purchase, subject to the conditions in effect at that time. The entire return process is fully described in the Returns section, which is referred to for the purposes of determining the conditions applicable to the acceptance of products to be exchanged.

Notice: THE REGIONAL MARKET reserves the right to accept the return of clothing products for future exchange if the customer, at their own expense, returns the item to the warehouse identified above and the product is received under the conditions best described in the Returns section, specifically regarding its condition. Following this, and if the product is deemed suitable for re-entry into stock, a gift coupon for the same product will be issued to be applied to a future order, with the conditions for using this coupon set out in the Coupons tab applying. If the returned product is not in the conditions described above, the customer will be sent a message stating that the return is not accepted, indicating the time period within which they will be able to collect the originally shipped product from the warehouse.

Refund Methods

Except in cases of return under the right of free resolution, THE REGIONAL MARKET will do its best to refund the customer quickly, safeguarding, however, a maximum period of 15 days from receipt of the returned order at the warehouse indicated above.

If payment was made by credit card, the refund will be made to the same card.

If the payment was made using a payment method that does not allow for a refund using the original payment method, the customer will be asked to provide the details of the bank account to which they wish the refund amount to be transferred.

However, the customer can also choose to receive a refund using a discount coupon, regardless of the original payment method. The coupon will be valid for 12 months from the date of its creation. After this period, no refunds will be issued.

Please note: Some payment method providers do not allow refunds on the original payment. In these cases, the customer will be asked to indicate a bank account to which the refund should be made. To do so, the customer must provide a bank statement indicating the IBAN, the SWIFT code, the name of the bank in question, and the account holder. THE REGIONAL MARKET reserves the right to withhold the refund until the customer completes the formalities required to confirm account holdership. 

Return Costs

 If THE REGIONAL MARKET is notified and it is confirmed that an error occurred in the product(s) shipped or that defective product(s) were shipped, THE REGIONAL MARKET will pay the costs of returning the product(s) in question, upon collection from the delivery address. For this to happen, a member of staff from THE REGIONAL MARKET’s Customer Service team, Returns and Refunds, will contact the customer to schedule the collection and provide any additional information on this matter.

7. Specific Conditions of Sale and Order Processing

All procedures necessary to ensure that all product details, descriptions, and prices presented on the website comply with legal requirements are strictly followed. However, there may be situations where product information, including prices and promotional campaigns, have not been correctly published. In these cases, THE REGIONAL MARKET reserves the right to refuse to process orders for these products. If the customer places an order for these products, the Customer Support team will contact them and inform them that the process is not possible.

Orders may not be shipped for other reasons, such as:

• out of stock;
• inability to obtain payment authorization;
• impossibility of guaranteeing delivery to the destination address;
• order is considered fraudulent.

Whenever detected in a timely manner, any restriction on the sale of a product will result in the product being placed in an out-of-stock status.

Since products may, at any time, be subject to restrictions or prohibitions on sale in the country of the delivery address, the customer must ensure that the purchased product complies with the applicable legislation in that territory, regardless of the possibility of customs or border control. Whenever detected in a timely manner, any restriction on the sale of a product will result in the product being placed in an out-of-stock status.

All products, campaigns, promotions, and offers are limited to the available physical stock and/or the units specified for the campaign.

If the chosen payment method is cash on delivery and the order contains a product that is no longer in stock, the product will be removed from the order, and the remaining products will be shipped after contacting the customer and confirming their wish. If the product is part of a pack, the entire pack will be removed from the order after contacting the customer to confirm the situation.

If the order was paid by credit card and contains a product that is no longer in stock, it will be removed from the order, and the remaining products will be shipped to avoid delays. If the order contains one or more products from a pack, the entire pack will be removed from the order. The refund will then be processed in the original payment method, as described above. The customer will be notified by the Customer Support team of both the order change and confirmation of the refund processing request.

If the order includes a product that is no longer in stock and it was paid for using a coupon, that product will be removed from the order to avoid delays in processing, and the remaining items will be shipped. Consequently, the unused coupon amount will be immediately credited back to the customer’s account. The customer will also be informed about the change made and the corresponding coupon refund.

(no site isto esta diferente é preciso corrigir o do site)

THE REGIONAL MARKET also reserves the right to refuse completion of the purchase process if any situation other than those specifically described in this document is detected, resulting from a computer error during the order creation process, at any subsequent stage, and associated with the logistical processing thereof, as well as due to the competent authority becoming aware of or imposing any restrictions on the sale of its products. To avoid this latter situation, customers are advised to verify, whenever possible, that the product in question complies with the regulations applicable to the country of the delivery address.

8. Warranty

As access to goods and services corresponding to those contracted and with the guarantee of correct functioning is one of the fundamental rights of consumers, THE REGIONAL MARKET will guarantee, for a period of 36 months from the date of respective delivery (except in the case of perishable goods), the quality of its products, offering customers, in cases where it is demonstrated to be legitimate, one of the following solutions, without prejudice to the right of rejection that the customer may exercise in the event of a lack of conformity verified up to the 30th day after delivery of the good:

• Repair of the damaged item, ensuring proper functioning and/or final quality;
• Exchange of the item for an identical one;
• Exchange of the item for one with similar characteristics and purpose, provided that it is agreed upon with the customer;
• Termination of the contract and corresponding refund.

The exercise of the warranty right by the customer will always take place upon submission of a claim to the Customer Support service and the return of the defective or non-compliant item, at THE REGIONAL MARKET’s expense, following a prior remote assessment of the item. For this purpose, the customer will be asked to provide photographs or videos demonstrating the alleged non-compliance.

The Customer Support service will then review the item in question to confirm the customer’s actual right to a warranty, excluding all situations that are proven to result, among others, from:

• Abusive use, intentional damage, or negligent damage by the customer;
• Normal wear and tear of the product, provided it is within the expected levels declared by the manufacturer;
• Inability to verify the malfunction or defect reported by the customer;
• All situations identified as attempted fraud.

If it is not possible to confirm the origin of the non-compliance and provide the customer with guidance on any actions aimed at restoring the product’s compliance, the item will be collected at THE REGIONAL MARKET’s expense, at a location and date to be arranged with the customer.
After evaluating the received product, the customer will be informed of the decision regarding their request. If the customer’s right to claim the product warranty is confirmed, THE REGIONAL MARKET will proceed with the repair, replacement, or refund of the item as quickly as possible, up to a maximum of 30 days from the notification of the product’s non-compliance. However, this period will only start on the day the product is received at THE REGIONAL MARKET’s facilities if, due to reasons attributable to the customer, the collection did not occur on the date proposed by THE REGIONAL MARKET

The refund of any amount paid will be made using the same payment method used to purchase the product, unless a different method is agreed upon with the customer.

These provisions do not affect any consumer rights arising directly from the applicable law.

Notice: For the purpose of exercising the warranty, the customer must keep the original packaging and packing materials provided for a minimum period of 30 (thirty) days.
In the event that THE REGIONAL MARKET collects the product, the customer must ensure that it is properly packaged, both in terms of sealing and protection from contact with other surfaces and/or moisture during transport. To this end, the customer must:
(i) place the product in its original packaging, ensuring proper packing within that packaging;(ii) place the product, in its original packaging, into a second transport packaging.The Customer Support department is always available to provide any clarification and/or packaging suggestions prior to the shipment or collection of the product(s) in question.

 9. Suggestions and Complaints

Customer feedback is very important to THE REGIONAL MARKET, as it allows for improvements in the services provided. Therefore, if for any reason customers are not satisfied with the services or any of the purchased items, or if they have any suggestions, THE REGIONAL MARKET requests that any situation be reported within 14 days from the occurrence or from the receipt of the order by the recipient or a third party designated by them, through one of the Customer Support contact channels.

Se o cliente tiver recebido um produto defeituoso ou danificado, ou se o produto recebido for diferente daquele que o cliente efetivamente encomendou, terá de anexar um vídeo à sua reclamação ou, conforme os casos, fotografias em que estejam claramente visíveis, quer o problema detetado, quer o estado da caixa em que a encomenda lhe foi entregue.

If the customer has received a defective or damaged product, or if the product received is different from what was actually ordered, they must attach a video to their complaint or, where applicable, photographs clearly showing both the detected issue and the condition of the box in which the order was delivered.

If, at the time of delivery, the exterior of the box is not in perfect condition, the customer must refuse the delivery; otherwise, the complaint will not be accepted.

Notice: If, as a result of the evaluation of the submitted complaint, the customer is issued a product shipping coupon for a future order, this coupon must be used within the validity period indicated on it, otherwise the replacement product may be out of stock

THE REGIONAL MARKET (OBVIETIQUETA UNIPESSOAL LDA) is registered on the Online Complaints Book Platform, and any customer can access it by clicking aqui or by visiting the page https://www.livroreclamacoes.pt.

10. Alternative Dispute Resolution

In the event of a dispute, the consumer may resort to the consumer Alternative Dispute Resolution entities identified on the Consumer Portal at  www.consumidor.pt, or to the Online Consumer Dispute Resolution entities identified on the website:

https://webgate.ec.europa.eu/odr.

The currently existing alternative dispute resolution entities are as follows:

CNIACC – National Center for Consumer Conflict Information and Arbitration

– General jurisdiction

E-mail: cniacc@unl.pt
Web: http://www.arbitragemdeconsumo.org

Algarve Center for Consumer Conflict Information, Mediation, and Arbitration

Geographical area covered – contracts concluded in the District of Faro.

E-mail: apoio@consumidoronline.pt
Web: http://www.consumidoronline.pt/

 Consumer Conflict Arbitration Center of the District of Coimbra

Geographical area covered – contracts concluded in the municipalities of: Arganil, Cantanhede, Coimbra, Condeixa-a-Nova, Figueira da Foz, Góis, Lousã, Mira, Miranda do Corvo, Montemor-o-Velho, Oliveira do Hospital, Penacova, Penela, Soure, Tábua, Vila Nova de Poiares.

E-mail: geral@centrodearbitragemdecoimbra.com
Web: http://www.centrodearbitragemdecoimbra.com

Lisbon Consumer Conflict Arbitration Center

Geographical area covered – contracts concluded in the Lisbon Metropolitan Area: Lisbon, Alcochete, Almada, Amadora, Azambuja, Barreiro, Cascais, Lisbon, Loures, Mafra, Moita, Montijo, Odivelas, Oeiras, Palmela, Seixal, Sesimbra, Setúbal, Sintra, and Vila Franca de Xira.

E-mail: juridico@centroarbitragemlisboa.pt / director@centroarbitragemlisboa.pt
Web: http://www.centroarbitragemlisboa.pt

Porto Consumer Information and Arbitration Center

Geographical area covered – contracts concluded in the Porto Metropolitan Area: Arouca, Espinho, Gondomar, Maia, Matosinhos, Oliveira de Azeméis, Porto, Póvoa de Varzim, Santa Maria da Feira, Santo Tirso, São João da Madeira, Trofa, Vale de Cambra, Valongo, Vila do Conde, and Vila Nova de Gaia.

E-mail: cicap@mail.telepac.pt
Web: http://www.cicap.pt

Ave Valley Consumer Conflict Arbitration Center / Arbitral Tribunal

Geographical area covered – contracts concluded in the municipalities of: Cabeceiras de Basto, Fafe, Felgueiras, Guimarães, Póvoa de Lanhoso, Póvoa de Varzim, Santo Tirso, Trofa, Vila do Conde, Vila Nova de Famalicão, Vizela, Vieira do Minho, and Vizela.

E-mail: triave@gmail.com
Web: http://www.triave.pt

CIAB – Consumer Information, Arbitration, and Conflict Center

Geographical area covered – Amares, Arcos de Valdevez, Barcelos, Braga, Caminha, Esposende, Melgaço, Monção, Montalegre, Paredes de Coura, Ponte da Barca, Póvoa de Lanhoso, Terras do Bouro, Valença, Viana do Castelo, Vila Nova de Cerveira, Vieira do Minho, and Vila Verde.

Email: geral@ciab.pt
Web: http://www.ciab.pt

Madeira Consumer Conflict Arbitration Center

Email: centroarbitragem.sras@gov-madeira.pt
Web: http://www.srrh.gov-madeira.pt