General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Our Service Packages
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Alternative Dispute Resolution
9. Note on limited harvest
10. Final Provisions

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of ‘Origem Portugal’ (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as ‘Customer’) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 By placing your order, you accept the version of these GTC valid at the time of ordering.
1.3 Deviating or conflicting terms and conditions shall not apply, even if we do not expressly object to them.

2) Conclusion of contract

2.1 Contracts via our online shop are concluded exclusively in Portuguese.
2.2 The presentation of our products and service packages in the online shop does not constitute a binding offer, but merely an invitation to place an order.
2.3 You can initially place the selected products in your shopping basket without obligation and correct your entries at any time before completing your order.
2.4 By clicking on the ‘Order and pay now’ button, you are submitting a legally binding offer to conclude a purchase contract.
2.5 After we receive your order, you will first receive an automatic order confirmation by e-mail. This does not yet constitute acceptance of your offer. The contract is only concluded when we expressly accept your order by e-mail or dispatch the goods.
2.6 We do not store the complete text of the contract. However, you will receive all relevant contract information (order data, terms and conditions, cancellation policy) with the confirmation of acceptance by e-mail and can save this information.

3) Our service packages

3.1 Our service packages consist of the delivery of products and the provision of services.
3.2 The products include, in particular, olive oil, sponsorship certificates, personalization where possible, packaging and other foodstuffs such as honey or wine. The services include the annual maintenance of an olive tree, the personalized attachment of the name/numbers, GPS data of the olive tree sponsorship, a digital image of the olive tree sponsorship and our newsletter.
3.3 The so-called ‘purchase’ of a tree legally constitutes a care sponsorship for a period of twelve months. Since trees with deep roots cannot be sold without the land, there is no transfer of ownership. In an ideal sense, however, we consider the tree to be ‘your’ tree: you will receive location coordinates, a photo and will be listed with us as a tree sponsor.
3.4 After twelve months, thirty-six months or sixty months, depending on the selected offer duration, the care sponsorship ends automatically without the need for cancellation. We will inform you in good time before expiry. You then have the option of extending the sponsorship for a further year at the current renewal price and will receive another bottle (0.5 l) of our extra virgin olive oil.

4) Prices and terms of payment

4.1 Prices and shipping
a) The prices displayed in the online shop at the time of your order apply. All prices are quoted in euros and include statutory value added tax.
b) Shipping costs are not included in every price. Any shipping costs incurred are shown separately on the product pages and before the order is completed.
c) The purchase price is due upon conclusion of the contract, unless otherwise specified in the selected payment method.
4.2 Payment methods
The following payment options are available in our online shop:
a) Credit card
When paying by credit card, enter the required card details during the ordering process. Your card will be charged immediately after conclusion of the contract.
b) PayPal
If you select PayPal, you will be redirected to the PayPal website. After logging in and confirming the payment, the amount will be debited immediately by PayPal.
c) Prepayment
If you choose prepayment, you will receive an invoice with a request for payment. The goods will be shipped after receipt of payment.
d) Invoice
If you choose to pay by invoice, you will receive an invoice with a request for payment. The goods will be dispatched after receipt of payment. Shipping takes place after receipt of payment.

5) Delivery and shipping conditions

5.1 Deliveries are currently only made within the European Union, Switzerland and the United Kingdom.
5.3 Shipping is carried out by a shipping company commissioned by us.
5.4 Unfortunately, collection by the customer is not possible.
5.5 The estimated delivery time is specified during the ordering process. Should there be any delays, we will inform you immediately and, in the event of unavailability, we will refund any payments already made.
5.6 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This only applies if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

6) Retention of title

If the seller makes advance delivery, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.2 If the customer is acting as an entrepreneur, the seller shall have the choice of the type of subsequent performance;
for new goods, the limitation period for defects shall be one year from delivery of the goods; for used goods, rights and claims for defects shall be excluded;
the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The above limitations of liability and reductions in time limits do not apply
for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer is acting as a consumer, they are requested to complain to the delivery agent about any goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

8) Alternative dispute resolution

8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
8.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
8.3 Any further liability is excluded.
8.4 The limitations of liability do not apply in the event of injury to life, limb or health, or under the Product Liability Act.

9) Note on limited harvest

Our olive trees grow in harmony with nature. Environmental factors, climatic conditions, and the natural growth cycle of olive trees mean that they bear fruit only every two to three years. As a result, harvest quantities vary from year to year and are intentionally limited. Each harvest is unique and reflects the natural conditions of its time. As part of our sponsorship program, you will still receive half a liter of extra virgin olive oil per year, delivered directly, even in the event of a potential harvest failure.    

10) Final provisions

10.1 Portuguese law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection regulations in your country of residence remain unaffected.
10.2 Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

Origem Portugal
Rua dos Emigrantes 399
3270-037 Lapa-Graça
Pedrógão Grande
E-Mail: info@origempt.com
Phone: +351 912 858 750