General Terms of Use & Conditions

Umami Premium Cuisine Platform Terms of Use

This document regulates the general terms and conditions of use of the WWW.UMAMIPREMIUMCUISINE.COM PLATFORM (CARVALHO & CAMPINHO LDA.) (hereinafter "C&C”), a limited liability company with NIPC 515. 289.612 and headquartered at Rua Dr. Gil Cabral, Vouzela, Business Association of Lafões, n.º 13, 3670-236, Vouzela, Portugal.

1. GENERAL
   1.1. When using the PLATFORM, either through simple navigation or through the establishment of a commercial relationship with C&C, the User hereby acknowledges and accepts that he is bound by the following Terms of Use, including the additional and specific Terms of Use that may take place, as well as the other policies present on the PLATFORM.
   1.2. If you do not wish to be bound by these Terms of Use, you must not access the PLATFORM as well as the associated features and services.
   1.3. These Terms of Use are applicable to all Users of the PLATFORM, including, without limitation, visitors, suppliers, buyer/potential consumer, shopkeeper/potential seller and others not specifically identified.
   1.4. By agreeing to these Terms of Use, the User declares that he is of legal age, in accordance with applicable law, to give consent and be contractually bound by C&C. C&C reserves the right to refuse to provide the PLATFORM features and services to anyone, for any reason, at any time.
   1.5. C&C may update, modify or replace any part of these Terms of Use and the policies associated therewith, announcing on the PLATFORMA's own place after the publication of any updates, modifications or replacements of the Terms of Use and the policies associated with them, with the exception of of the privacy policy, constitutes acceptance and agreement to such updates, modifications or replacements.
2. ACCEPTANCE
   2.1 The use of the PLATFORM and associated services depends on the acceptance of these Terms of Use, therefore, if the User does not accept these Terms of Use, he will not be able to use the PLATFORM and the associated services.
   2.2 By accepting these Terms of Use, the User makes such acceptance in his/her personal name and/or the organization he represents, declares that he is of legal age to, in accordance with applicable law, give consent and be contractually bound by of the C&C and warrants that it has the necessary powers to make such acceptance.
3. ACCURACY AND INTEGRITY
   3.1. Although C&C makes every effort to keep Users' information up-to-date and accurate, Users accept and acknowledge that C&C cannot be held responsible for the accuracy and integrity of the information provided by Users of the PLATFORM, which may be inaccurate, incomplete or out of date.
4. USERS
   4.1. By accepting these Terms of Use, the User declares that he is able to accept them, being over 16 years old;
   4.2. Violation of the provisions of the previous number constitutes grounds for immediate termination of these Terms of Use, without prejudice to the compensation that may be made in favor of C&C on account of potential damages or losses that it may have incurred as a result of false statements. The User acknowledges and undertakes to comply with the following actions:
   a) Not to use false identities;
   b) To provide the personal data, in a true and exact way, namely, so that C&C so that the shopkeepers can properly process the orders;
   c) Refrain from introducing, storing or disseminating through the PLATFORM defamatory, obscene, injurious, xenophobic and/or any other content that violates the general principles of law and public order. The User is, therefore, expressly prohibited from transmitting messages or information that is injurious, misleading, defamatory, obscene or that violates, in any way, the right to reserve the privacy of private life or the intellectual or industrial property of third parties, as well as the provision of any information that may be harmful to third parties or to C&C
   d) C&C reserves the right to delete the User's account that materializes any of these situations.
5. ACCESS AND REGISTRATION
   5.1. Mere access to the PLATFORM is not subject to registration.
   5.2. The User who intends to make purchases in the various Stores available on the UMAMIPREMIUM.COM PLATFORM will have to register, creating a Customer Account, completing the registration process available on the Platform, in accordance with the provisions of this GENERAL TERMS OF USE AND CONDITIONS.
   5.3. For the registration process and creation of a Customer Account, the following data will be required:
   (a) Name;
   (b) Last name;
   (c) Email;
   (d) Password;
   (e) Country;
   (f) Address;
   (g) City;
   (h) Postal Code;
   (i) Cell phone.
   5.4. However, in order to take advantage of all the features of the PLATFORM, the User may access the reserved area of ​​the PLATFORM using the previously indicated e-mail and password.
   5.5. The User is responsible for the veracity, completeness and lawfulness of all data provided to C&C, on the PLATFORM, as well as for its updating.
   5.6. If personal data of a User are provided as a representative of a legal person, C&C may request a document proving the necessary powers of representation for this purpose, and the User must provide this proof as soon as possible. C&C does not have access to or knowledge of the password, and the User is solely responsible for the safekeeping and good use of the password, and must change it regularly, and C&C does not have any responsibility for the inappropriate use or loss of the password. -pass.
   5.7. In case of loss or forgetfulness of any access data to the PLATFORM, the User may request its restoration or resend through its own tool.
   5.8. C&C has the exclusive right, at any time, to suspend, partially or totally, access to the PLATFORM, in particular in management, maintenance, repair, alteration or modernization operations and to terminate, definitively or temporarily, partially or totally, the at any time, according to your will, the PLATFORM or any of the services, without prior notice.
6. form
   6.1. The User accepts that the access data to the reserved area of ​​the PLATFORM can only be used by the User, and the sharing of access data by several people is not allowed.
   6.2. The User must comply with best practices regarding the security of his account, namely, changing his password regularly and avoiding connections through networks open to the public.
   6.3. C&C guarantees the security of the account within the expected and appropriate security measures for platforms such as UMAMIPREMIUM.COM, not having any responsibility other than that expressly provided for in Clause 14 of these Terms of Use.
   6.4. All content entered into your account, as well as all activity that takes place therein, are the responsibility of the User, and C&C does not have any obligation to monitor the content or the (non)fulfillment of any responsibilities of the User, namely fulfillment of obligations towards other Users or towards national authorities.
   6.5. The User, by accepting these Terms of Use, expressly declares that he will not use the PLATFORM and the services associated with its use for any illegal and/or illicit purposes, which constitute fraud or are not authorized.
7. PRODUCT CATALOG
   7.1. On PLATAFORMA, information is available on the products sold by the various partner stores.
   7.2. The technical information about the products presented on the Platform is provided by the associated stores. The Platform only provides a brief informational summary for the User's convenience.
   7.3. C&C will seek to promote the updating and accuracy of the information and data contained in the PLATFORM, not committing, however, to update or correct this information.
   7.4. C&C makes no warranty, express or implied, as to the accuracy or completeness of any information (including information about goods and services) included on the PLATFORM, which the User acknowledges and accepts.
   7.5. At any time, C&C may change, delete or move any information on the PLATFORM, without prior notice.
   7.6. Users expressly accept and acknowledge that:
   (a) Detailed information about the products and their characteristics/specifications can be consulted at the respective associated Store; (b) The displayed price is defined by the associated store and may be changed at any time. The VAT included in all prices mentioned corresponds to the rate applicable on the day of the order and any change to the applicable VAT will be immediately reflected in the prices of the products; (c) C&C does not guarantee the existence of items in stock in the ASSOCIATED STORES;
   (d) C&C will not assume responsibility for any discontinued items.
   (e) The prices and products available in the various partner stores are only valid for purchase orders made through the PLATFORM, and may not coincide with the prices practiced in the physical stores, except for promotions expressly indicated online.
   (f) C&C is not directly responsible for any delay or impossibility of processing the order, namely in the act of delivery, resulting from an error or insufficiency of the data communicated by the User.

8. INTELLECTUAL PROPERTY
   8.1. The User acknowledges that the ownership and title to all intellectual property rights on the PLATFORM, including, in particular, the rights to the software, codes (source, object, etc.), copyright, trademarks and trade secrets , are and will remain the property of C&C, or their respective owners.
   8.2. Likewise, the workflow processes, user interface, designs, text elements, visuals, sound, know-how and other technologies provided by C&C as part of the service are the property of C&C, as well as all rights, titles and interests relating to the aforementioned, including all associated intellectual property rights, which remain solely with C&C, The registration and creation of an account by the User does not grant any license to said rights, nor can it be any, who assign.
   8.3. These Terms do not grant Users any rights to use any brands and/or logos owned by C&C. The User will not copy, translate, disassemble or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code and/or object of the PLATFORM.
   8.4. The User will not remove any confidentiality or intellectual property notices.
   8.5.C&C guarantees that, to the best of their reasonable knowledge, it does not violate any third party intellectual property rights.
   8.6. C&C reserves all rights that are not expressly provided for and listed in this clause, and cannot, at any time, be interpreted in a different sense, and, in case of doubt, must always be interpreted in the sense that the use in doubt is expressly prohibited by the C&C. The User is expressly prohibited from the following actions:
   (a) Sell, resell, redistribute, sublicense, rent or lease the PLATFORM, in whole or in part, unless otherwise provided under an order or other written agreement with C&C, and use the PLATFORM to store or transmit material illegal or illicit;
   (b) Use the PLATFORM to store or transmit material that violates the rights of third parties;
   (c) Interfering with or disrupting the integrity or performance of the Services;
   (d) Seek to obtain unauthorized access to the PLATFORM and/or its computer systems;
   (e) Test and assess system vulnerability and breach installed security;
   (f) Decompile, disassemble, reverse engineer the PLATFORM;
   (g) Seek to source, modify, decrypt, or create derivative works of the PLATFORM or any services provided under or otherwise provided under this Agreement;
   (h) Access or use the PLATFORM to build a competing service and/or product, or copy any feature, function or graphic for competitive purposes.
   8.7. If the User violates any of the aforementioned provisions, in addition to the right of C&C to immediately terminate these Terms of Use, the User undertakes to compensate C&C in an amount not less than €500.000,00 (five hundred thousand euros) , without precluding the right to request additional compensation in court for damages, namely, compensation paid to third parties and expenses with courts and forensic representation.
9. PERSONAL INFORMATION AND PRIVACY POLICY
   9.1. The processing of information of a personal nature within the scope of data protection is governed by the PLATAFORMA Privacy Policy, and for this purpose it must be consulted.
   9.2. The User may not use software tools to collect information of a personal nature, namely robots, crawlers or other automatic mechanisms.
10. SECURITY
    10.1. The User is responsible for obtaining, maintaining and paying for the necessary licenses for all hardware and software used to access the PLATFORM and perform the associated services.
    10.2. C&C will take the necessary technological measures aimed at effectively protecting computer systems and their hardware, namely with regard to viruses, worms, trojans and spyware and other malicious software.
    10.3. If C&C intentionally fails to perform this obligation, it will be responsible for the losses that the User may incur, with the limitations established in number 14.3 of this section.
    10.4. The User must use the PLATFORM and associated services in accordance with the C&C instructions and obligations of these Terms of Use, also committing to implement the necessary and appropriate security measures to protect the systems and services.
    10.5. In the event of any breach of security, regardless of whether or not it jeopardizes the security and integrity of the data and systems of either Party, the Party that becomes aware of it must immediately inform the other Party of the situation.
    10.6. In the event of suspicions that the breach of security sought to erase, alter, destroy, in whole or in part, damage, suppress or render programs or other computer data unusable or inaccessible, impede, prevent, interrupt or seriously disrupt the operation of the computer system, through the introduction, transmission, deterioration, damage, alteration, erasure, impediment of access or suppression of programs or other computer data or any other form of interference in the computer system, or sought to illegitimately access or intercept computer systems, the affected Party shall file the respective complaint with the competent authorities.
    10.7. Failure to comply with the obligation of this clause will correspond to just cause for immediate termination of the Terms of Use.
11. SERVICES
    11.1. C&C ensures that it will keep the PLATFORM updated, with said updates arising from the maintenance services provided automatically by C&C according to the schedule established for the evolution of the PLATFORM.
    11.2. It will not be necessary for the User to request any intervention to have access to the updates made on the PLATFORM.
    11.3. C&C will seek to ensure that access to the PLATFORM occurs on a basis of continuous availability, but cannot guarantee that such availability actually occurs, which the User accepts and acknowledges, waiving any compensation due to the lack of availability.
    11.4. The User accepts and acknowledges that performance and availability problems may occur that have as their cause and/or origin:
    (a) Internet congestion, slowdown or general unavailability;
    (b) Unavailability of generic Internet services (eg DNS servers) due to external attacks;
    (c) Force majeure events, ie, any unpredictable and unavoidable event beyond the will or control of the Parties, which prevents them, in whole or in part, definitively or temporarily, from achieving their objectives and fulfilling their obligations under contractually established dates and deadlines, in particular, and without the enumeration being limiting, the state of war, declared or not, rebellions or riots, natural disasters such as fires, floods and earthquakes and cuts communications;
    (d) Actions or omissions by the User or third parties outside C&C's control as a result of the User's or third party's computer system;
    (e) The maintenance of the PLATFORM programmed by C&C as well as the updates that occur.
12. COMMUNICATIONS
    12.1. By accepting these Terms of Use, the User expressly accepts that the notifications that are made by C&C, within the scope of the services provided through the PLATFORM, are made electronically to the email address indicated by the User in their registration.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    13.1. The User agrees that C&C is not responsible, directly or indirectly, for the use that the User makes of the PLATFORM, being the User's sole and exclusive responsibility for its use.
    13.2. The service and all services made available and provided through the PLATFORM, except where expressly stated otherwise, are provided "as is" for your use, with no representation, warranty or condition of any kind, express or implied, including implied warranties as to merchantability, merchantability, fitness for a particular purpose, durability, title, and non-infringement.
    13.3. The User accepts and expressly declares that in no case shall C&C its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers and licensors be liable for any damage, loss, claim or direct, indirect, incidental, or otherwise, including, without limitation, lost profits, lost revenue, lost data, replacement costs, or any similar damages, whether in contract, tort with or without intent, arising out of use, or related thereto, the PLATFORM or any services purchased using the PLATFORM, including, but not limited to, any errors or omissions in any content posted, transmitted, or otherwise made available through the PLATFORM, whichever is the last resort, and if thus decided by a competent court, the liability of C&C limited to a limit that will never exceed the maximum limit of the amount established for the salary io national minimum discounted from the value of the Consumer Price Index.
    13.4. C&C may provide links to pages of other entities. These websites do not belong, are not operated or controlled by C&C, so C&C is not responsible for, approves or in any way supports or subscribes to the content of these websites, nor of the websites linked to or referred to in them, and the User must read the Privacy Policy Privacy and present General Terms of Use and Conditions. The establishment of links to other websites does not, under any circumstances, imply the existence of a relationship between C&C and the owner or manager of the website to which the link refers. In the event that you find links on other websites that allow you to access UMAMIPREMIUM.COM, C&C will not have any responsibility either for the origin of that website or for the contents registered therein.
14. REPRESENTATIONS AND WARRANTIES
    14.1. In the event that any provision of these Terms of Use is declared by a competent court to be illegal, void or ineffective, such provision will be replaced, in whole or in part, by another that is enforceable, in order to reflect as closely as possible the terms of the clause in question, without affecting the validity of the remaining clauses.
    14.2. The User agrees to guarantee the position of C&C defending it, as well as its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers, licensors from any claim or demand made by any third parties due to, or arising from your violation of these Terms of Use or the policies that integrate the way the PLATFORM and services work, as well as the violation and/or violation of any law or third-party rights.
    14.3. The lack of demand, at any given time, for the User to comply with any of its contractual obligations established herein, does not imply a waiver of any rights, nor does it constitute the acquisition of a right by the User.
15. RESOLUTION
    15.1. Both C&C and the User may immediately terminate these Terms of Use by giving written notice to that effect.
    15.2. C&C will consider that the User has terminated these Terms of Use when there is no use of the PLATFORM for a period of time of 24 (twenty-four) consecutive months.
    15.3. C&C may terminate these Terms of Use and associated Policies, without prior notice, if the User:
    (a) Commit serious breach of these Terms of Use;
    (b) Any other situation of non-compliance that may prevent or materially affect these Terms of Use occurs;
    (c) Any infringement of intellectual property rights occurs;
    (d) In the face of evidence of fraud or misuse.
    15.4. The immediate termination of these Terms of Use implies that the associated account is canceled and, consequently, access to it is prevented.
    15.5. The rights and obligations constituted by any of the Terms of Use and policies associated with it, which must remain after the termination, will remain in force for all purposes, namely, those relating to credits receivable by C&C or by its partners.
    15.6. With the termination of these Terms of Use, the User can no longer use the PLATFORM and associated services.
16. ENTIRE AGREEMENT
    16.1. These Terms of Use, including their policies, constitute the entire agreement between the User and C&C regarding the use of the PLATFORM and associated services.
    16.2. Its Policies form an integral part of these Terms of Use, and these cannot be separate from that one.
    16.3. The entry into force of new Policies after the date of these Terms of Use, will give rise to the amendment of these Terms of Use through their integration.
    16.4. In case of contradiction or inconsistency between the documents that make up these Terms of Use, these prevail over the Policies.
    16.5. C&C may, at any time, update, modify or replace any part of these Terms of Use and the Policies associated with them, announcing these changes in their own place on the PLATFORMA homepage or via email, and it is also the User's responsibility to verify this page periodically to be aware of any changes, the new version always taking precedence over any previous version.
    16.6. The User acknowledges and accepts that access to and continued use of the PLATFORM and associated services following the publication of any updates, modifications or replacements of the PLATFORMA Terms of Use and the associated services and the Policies associated therewith constitutes an acceptance and agreement with these updates, modifications or replacements.
17. APPLICABLE LEGISLATION AND JURISDICTION
    17.1. These Terms of Use, as well as the associated Policies, are governed by the applicable provisions of Portuguese law.
    17.2. C&C is not bound by prior adhesion or legal imposition resulting from arbitration necessary to any alternative consumer dispute resolution entity. Offering, however, to the User, a list of entities for the alternative resolution of consumer disputes with which a joint dispute settlement is possible.
    17.3. Both the User and C&C assume that they will use their best efforts to resolve in a timely manner and by agreement any dispute that arises under the Terms of Use, as well as the Policies.
18. PAYMENT
    18.1. On the website www.umamipremium.com, Carvalho & Campinho Lda. offers the User the following payment methods via Easypay – Instituição de Pagamento Lda:
    a) Credit card (Visa, Mastercard);
    b) Multibanco reference;
    c) Transfer;
    
    
    

    18.2. In the case of payment by credit card, the debit will be made on the User's card immediately after confirmation of the ability to provide the service. If any of the ordered services cannot be provided, the value thereof will be credited to the User's card, after closing the order.

19. PRICES
    19.1. Prices must be understood in Euros, with fees and taxes included, taking into account the VAT in force on the date of payment of the order.
    19.2. If there is an increase in the prices of any service, the User will be informed immediately, being able to choose to continue his order (paying the difference) or to proceed with its cancellation.
20. CANCELLATION AND REFUNDS
    20.1. The cancellation or return process is handled on a case-by-case basis by Carvalho & Campinho Lda.
    The request must be sent in writing to the contact email contact@umamipremium.com, up to 14 days after the order is placed, with instructions for canceling or returning the amount paid being answered and defined by Carvalho & Campinho Lda., by the same means of communication.
    20.2. Whenever possible, the return should be made using the same method of payment, but if this is not possible, the user must present proof of payment and account or card ownership, so that the return can be made by Bank Transfer.
    20.3. Carvalho & Campinho Ltd. undertakes to reimburse the User within a maximum period of 30 days.
21. CUSTOMER SUPPORT
    If you have any questions or concerns regarding these Terms of Use, please contact us in writing via email [contact@umamipremium.com]
22. LAST VERSION
    08-07, 2022. [VOUZELA] (PORTUGAL).