1. Identification of the entity
This website is owned by Hélder Madeira – Indústria e Comércio de Azeitonas, Unipessoal Lda., legal entity No. 504 414 917, with its registered office at Rua de Macau 2, Tavira, Portugal.
To contact us, users may use the following methods:
Email: geral@heldermadeira.com
Phone: +351 281 326 175
Warehouse/Store Address: Estrada do Arraial, Vale Caranguejo S/N, 8800-228 Tavira
Use of this website and placing orders through the online store imply acceptance of these Terms and Conditions.
2. Purpose
These Terms and Conditions govern access to and use of the website, as well as the terms and conditions applicable to the purchase of products available in Hélder Madeira’s online store.
Hélder Madeira sells, among other items, olives, olive oil, jams, hot sauces, honey, salt, herbs, gift baskets, and other regional Portuguese products.
3. Use of the Website
The user agrees to use this website in a lawful manner, in compliance with applicable laws, the rights of third parties, and these Terms and Conditions.
It is prohibited to use the website for any purpose that is illegal, fraudulent, offensive, or infringes on the rights of third parties, or that may interfere with the normal operation of the online store.
4. Product Information
Hélder Madeira strives to present its products, descriptions, images, prices, and other information in a clear and up-to-date manner.
Product images are for illustrative purposes only; there may be slight differences between the images and the actual product delivered, particularly in terms of presentation, labeling, packaging, color, or batch.
Essential information about each product—including price, quantity, key features, and, where applicable, available options—will be displayed on the respective product page.
5. Prices
All prices listed in the online store are in euros (€) and include VAT at the current statutory rate, unless otherwise specified.
Shipping costs, if applicable, are displayed before the order is confirmed.
Hélder Madeira reserves the right to change prices at any time, without affecting orders that have already been confirmed.
In the event of a clear error in the price, description, or availability of a product, Hélder Madeira may cancel the order, notify the customer, and refund any amounts paid.
6. Orders
To place an order, the user must select the desired products, add them to the cart, and follow the steps indicated in the checkout process.
Before confirming the order, the user must verify all the information entered, including products, quantities, shipping address, contact information, billing information, and payment method.
The order is considered accepted after payment is confirmed and product availability is verified.
Hélder Madeira may refuse or cancel orders in the following cases:
- an obvious error in the product’s price, description, or availability;
- out of stock;
- incomplete or incorrect billing or shipping information;
- suspected fraud or misuse of the website;
- inability to deliver to the specified address;
- breach of these Terms and Conditions.
If the order is canceled after payment for a reason attributable to Hélder Madeira, the amounts paid will be refunded.
7. Product Availability
Orders are subject to stock availability.
If any product ordered is unavailable, Hélder Madeira will contact the customer to offer an alternative, suggest a partial shipment of the order, or issue a refund for the amount paid for the unavailable product.
8. Payment Methods
The available payment methods will be displayed at checkout.
Payment methods such as Multibanco, MB WAY, bank card, bank transfer, or other payment options offered by the online store may be available.
The order will be processed only after payment has been confirmed, unless otherwise specified.
9. Deliveries and Shipping Costs
Orders will be shipped to the address provided by the customer at the time of purchase.
Shipping costs are calculated and displayed before the order is confirmed, and may vary depending on the destination, weight, volume, and selected delivery method.
The delivery times shown on the website are for informational purposes only and may vary depending on the destination, product availability, shipping carrier, periods of high order volume, or other factors beyond Hélder Madeira’s control.
The provision of an estimated delivery date does not constitute an absolute guarantee of delivery on that date.
Hélder Madeira cannot be held liable for delays attributable solely to the carrier, incorrect information provided by the customer, or circumstances beyond its control, without prejudice to the consumer’s legally recognized rights.
Upon receipt of the order, the customer should check the exterior condition of the package. If the customer notices any visible signs of damage, they should, whenever possible, report this to the carrier and contact Hélder Madeira as soon as possible.
10. In-store pickup
When this option is available in the online store, customers will be able to select in-store pickup when checking out.
The pickup will take place at Hélder Madeira’s store/warehouse in Tavira, after confirmation that the order is ready.
The customer should wait for confirmation before going to the pickup location.
11. Right of free termination
Under the laws governing distance contracts, consumers generally have 14 days from the date of receipt of the goods to exercise their right of withdrawal without having to provide a reason. This provision is set forth in Decree-Law No. 24/2014, which regulates distance contracts and contracts concluded outside of business premises. (PGD Lisbon)
To exercise this right, the consumer must clearly and unambiguously communicate their decision to:
Email: geral@heldermadeira.com
Address: Estrada do Arraial, Vale Caranguejo S/N, 8800-228 Tavira
The consumer may use the model withdrawal form provided at the end of these Terms, although this is not mandatory.
12. Return Policy
If the consumer exercises the right of free withdrawal, he or she must return the products no later than 14 days after notifying the seller of his or her decision.
Products must be returned in good condition, complete, with no signs of misuse, and, where applicable, with the original packaging intact.
The direct costs of returning products are borne by the consumer, unless Hélder Madeira agrees to cover them or unless the return is the result of an error attributable to the company.
Hélder Madeira may withhold the refund until it receives the returned products or until the consumer provides proof of shipment.
13. Exceptions to the right of free termination
The right of free withdrawal may not apply to certain products, as provided by law, namely:
- goods that, by their nature, are likely to deteriorate or expire quickly;
- sealed goods that cannot be returned for health or hygiene reasons once opened after delivery;
- goods made to the consumer’s specifications or clearly personalized;
- goods that, after delivery and by their very nature, become inseparably mixed with other items.
For reasons of health protection, hygiene, and food safety, we will not accept returns of food products whose packaging has been opened, tampered with, damaged, or altered after delivery, except in cases of defects, damage, or nonconformity attributable to Hélder Madeira.
These exceptions are particularly relevant for food products, sealed products, products with damaged packaging, personalized gift baskets, or items prepared according to a specific customer request.
Article 17 of Decree-Law No. 24/2014 provides for exceptions to the right of free withdrawal, including goods that deteriorate rapidly and sealed goods that cannot be returned for health or hygiene reasons once opened after delivery. (PGD Lisbon)
14. Refunds
When a refund is due, it will be issued via the same payment method used for the purchase, unless otherwise expressly agreed.
The refund will be processed within the applicable legal timeframe after we receive the returned products or proof of shipment, if applicable.
In the event of a partial return of the order, only the amount corresponding to the returned products will be refunded, without prejudice to the consumer’s legally recognized rights.
15. Damaged, incorrect, or nonconforming products
If a customer receives a product that is damaged, incorrect, or does not match the order, they should contact Hélder Madeira as soon as possible, providing the order number, a description of the situation, and, whenever possible, photographs of the product and the packaging.
If an error or nonconformity attributable to Hélder Madeira is confirmed, the customer will be offered the remedies provided for by law, namely replacement, restoration of conformity, price reduction, or refund, as applicable.
Decree-Law No. 84/2021 regulates consumer rights in the purchase and sale of goods, including rules on the conformity of goods with the contract and remedies in the event of nonconformity. (Diário da República)
16. Legal Warranty
The products sold are covered by the applicable statutory warranty, in accordance with current legislation.
In the case of food products, the assessment of any nonconformity will take into account the nature of the product, its shelf life, storage conditions, packaging, instructions for use or consumption, and the condition in which the product was received and stored by the customer.
The warranty does not cover damage or alterations resulting from improper storage by the customer, tampering with the packaging, misuse, exposure to heat, humidity, direct sunlight, or other conditions that violate the storage instructions.
17. Tours of the production facilities and brick-and-mortar store
Hélder Madeira may offer tours of its production facilities or brick-and-mortar store, by appointment or subject to availability.
Visits may be subject to schedules, participant limits, safety rules, food safety regulations, and other conditions communicated in advance.
Hélder Madeira reserves the right to change, reschedule, or cancel tours for operational, technical, or safety reasons, due to force majeure, or due to the temporary unavailability of the facilities.
18. Intellectual Property
All content on this website, including text, images, photographs, logos, design, graphics, videos, trademarks, trade names, and other elements, is the property of Hélder Madeira or is used with the permission of the respective owners.
The reproduction, copying, modification, distribution, commercial use, or disclosure of any content on this website is prohibited without the prior written authorization of Hélder Madeira.
19. Liability
Hélder Madeira strives to ensure that the website functions properly and that the information provided on it is kept up to date.
However, it does not guarantee that the website will be available at all times or free from technical errors, interruptions, system failures, or other external constraints.
Hélder Madeira shall not be liable for damages resulting from misuse of the website, access failures, temporary interruptions, technical errors, cyberattacks, or force majeure events, except in cases where such liability is mandated by law.
Nothing in these Terms and Conditions excludes or limits the rights legally granted to consumers.
20. Links to external websites
The website may contain links to third-party websites.
Hélder Madeira does not control or assume responsibility for the content, policies, practices, or operation of these external websites.
The use of third-party websites is the user’s responsibility.
21. Protection of Personal Data
The processing of personal data through this website is governed by Hélder Madeira’s Privacy Policy.
Users should review the Privacy Policy for information on how their personal data is collected, used, stored, and protected.
22. Cookies
The use of cookies and similar technologies is governed by Hélder Madeira’s Cookie Policy.
Users should review the Cookie Policy for detailed information about the types of cookies used, their purposes, and how to manage consent.
23. Complaints
Customers may submit complaints using Hélder Madeira’s contact information:
Email: geral@heldermadeira.com
Phone: +351 281 326 175
Address: Estrada do Arraial, Vale Caranguejo S/N, 8800-228 Tavira
Hélder Madeira maintains both a physical and an electronic Complaints Book, in accordance with applicable laws. ASAE provides information about the Complaints Book and the procedures for handling complaints. (ASAE)
The Electronic Complaint Book is available at:
www.livroreclamacoes.pt (Complaints Book)
24. Alternative Dispute Resolution for Consumer Disputes
In the event of a consumer dispute, the consumer may turn to a competent Alternative Dispute Resolution (ADR) entity, pursuant to Law No. 144/2015 of September 8.
Law No. 144/2015 establishes information obligations for suppliers of goods and service providers regarding alternative dispute resolution entities for consumer disputes. (PGD Lisbon)
For more information, consumers can visit the Consumer Portal at:
www.consumidor.gov.pt
CIMAAL – Algarve Center for Information, Mediation, and Arbitration of Consumer Disputes
Website: www.consumidoronline.pt
Email: cimaal@mail.telepac.pt
Phone: +351 289 823 135
25. Changes to the Terms and Conditions
Hélder Madeira reserves the right to change these Terms and Conditions at any time.
The changes will take effect upon publication on the website, without prejudice to the rights acquired by customers with respect to orders that have already been confirmed.
We recommend checking this page regularly.
26. Governing Law and Jurisdiction
These Terms and Conditions are governed by Portuguese law.
In the event of a dispute, the court of competent jurisdiction shall be determined in accordance with applicable law, without prejudice to mandatory consumer protection provisions.
27. Sample Voluntary Termination Form
Fill out and submit this form only if you wish to terminate the contract.
Attention:
Hélder Madeira – Indústria e Comércio de Azeitonas, Unipessoal Lda.
Estrada do Arraial, Vale Caranguejo S/N, 8800-228 Tavira
Email: geral@heldermadeira.com
I hereby give notice that I am canceling my purchase contract for the following products:
Product(s): _______________________________
Order number: _____________________
Order date: ____ / ____ / ______
Date received: ____ / ____ / ______
Consumer’s name: _______________________
Consumer’s address: _____________________
Email: ___________________________________
Phone: _________________________________
Date: ____ / ____ / ______
Consumer’s signature: ___________________
(only if this form is submitted on paper)