Terms and Conditions

This document regulates the general terms and conditions of use of the website https://www.hagra.pt, owned by BIOPOSITIVO III, LDA, as well as the terms and conditions for the purchase and sale of products marketed through the respective online store.

 

Subject matter

These Terms and Conditions apply to the website and online store of BIOPOSITIVO III, LDA, hereinafter referred to as BIO III. The document defines the rules for using the website and the conditions applicable to the purchase of products made available in the online store.

Identification of the website owner and product supplier

The owner of the website and supplier of the products marketed in the online store is BIOPOSITIVO III, LDA, with registered office at Edifício Hubel, Parque de Empresas, lotes 16 e 30, 7900-571 Ferreira do Alentejo, Portugal, and with NIPC 516408437. For user information, BIO III provides the email address info@hagra.pt and the telephone number +351 289 710 500, call to the national landline network.

Use of the website

Use of the website, whether through simple browsing or through the establishment of a commercial relationship with BIO III through the online store, gives the visitor the status of user. Such use implies full and unreserved acceptance of all provisions included in these Terms and Conditions, as well as of the Privacy Policy in force at the time of access to the website.

These Terms and Conditions apply to all users of the website, including visitors, customers and other users not specifically identified. The contractual proposal relating to the purchase and sale of products marketed by BIO III in the online store is addressed only to adults with full legal capacity to assume the commitments arising from the purchase.

If the user does not agree with these Terms and Conditions in their entirety, the user should not access the website or its features or services, including the online store. Any purchase through the online store depends on acceptance of these Terms and Conditions.

By accepting these Terms and Conditions, the user does so in their own name or on behalf of the organisation they represent, where applicable. When placing orders through the online store, the user declares that they are over 18 years of age, have full legal capacity to perform the acts associated with the purchase and have the necessary powers to accept these Terms and Conditions. The user also declares that they will not use the website or its services for illegal or unlawful purposes.

BIO III reserves the right to change these Terms and Conditions at any time and without prior notice. For this reason, the user should consult them before each use of the website, especially before using the online store. However, changes made after confirmation of an order do not bind the user in relation to that order, and the Terms and Conditions in force on the date of the respective confirmation will apply.

BIO III guarantees account security within the security measures considered appropriate for platforms such as the website and online store. However, it is not responsible for losses resulting from interferences, interruptions, computer viruses, faults or disconnections of the operating system that may temporarily prevent access, browsing or the provision of services to users.

BIO III, its representatives and employees may not be held liable for damage that may result, even accidentally, from the malfunctioning of the website, regardless of its duration, or for damage caused by the reproduction, use or exploitation of the website.

Violation of these Terms and Conditions by the user constitutes grounds for termination by BIO III. Regardless of whether such termination occurs, violation of the terms always gives BIO III the right to be compensated for all resulting losses. BIO III also reserves the right to terminate the user’s use of the website and the respective services, with or without prior notice.

Customer registration on the website

Simple access to the website does not require registration. However, to use all available features and services, the user must register as a customer.

Registration is carried out by creating a user account, by completing the form with the requested data. If the user only wishes to make a purchase in the online store without registering as a customer, the user may provide only the email address and the data necessary for delivery of the products purchased.

The user is responsible for the truthfulness, completeness and lawfulness of the data provided, both at the time of registration and for purchases in the online store, as well as for keeping that data updated. The user will be solely responsible for any false or inaccurate statements and must compensate BIO III for all losses resulting from failure to comply with this obligation.

All content entered in the user’s account, as well as all activity carried out through it, is the responsibility of the user. BIO III has no obligation to monitor such content or the fulfilment of the user’s responsibilities towards other users or national authorities.

BIO III does not have access to or knowledge of the password defined by the user. The user is responsible for ensuring the confidentiality of the password, ensuring its safekeeping and proper use, and following good account security practices, such as changing the password regularly and avoiding connections through public networks. BIO III may not be held liable for losses arising from loss or improper use of the password.

Products

The website makes a wide range of products available for purchase through the online store. These products are presented with photographs and an indication of their essential characteristics, and are available to consumers and professionals.

BIO III seeks to ensure that the information presented on the website and in the online store is free from typographical errors and, when such errors occur, undertakes to correct them as soon as possible. It also seeks to keep the information relating to the products made available up to date.

BIO III may, at any time and without prior notice, change, delete or move any information on the website and in the online store, including information relating to products, prices, promotions, offers, commercial conditions and services.

The photographs of products displayed on the website are merely illustrative. The user should carefully read all information about the essential characteristics of the products described on the website. In case of doubt, the user should contact BIO III to obtain additional information.

All products available on the website are subject to existing stock. BIO III endeavours to present updated information on product availability, but assumes no responsibility for discontinued items. The prices and products made available on the website are valid only for commercial transactions carried out through the online store.

BIO III is not responsible for consequences resulting from failure to consult product information, respective instructions for use or other warnings provided.

Product prices

The price of each product marketed by BIO III is indicated on the website in euros, including VAT at the legal rate in force. The indicated price does not include transport costs for delivery to the user, which vary according to the delivery method chosen.

Transport costs, as well as any products exempt from such costs, are presented to the user immediately before order confirmation.

Although BIO III seeks to ensure that all prices presented on the website are correct, errors may occur. If an error is detected in the price of any product ordered, BIO III will inform the user as soon as possible and will give the option to reconfirm the order at the correct price or cancel it. If it is not possible to contact the user, the order will be cancelled and any amount already paid will be fully refunded.

Product prices may be changed by BIO III, without prior notice, until the moment the user confirms the order.

Purchase and sale of products

The purchasing process begins with the selection of the products to be included in the shopping cart. The user must choose the products they wish to buy and indicate the number of units desired. Items are subject to existing stock, and BIO III is not obliged to market unavailable products. After selecting the desired products, the user must choose the option “Finalizar compra”.

In the next step, to finalise the order, the user must enter the requested personal data. If the user has already registered, this data will be requested only at the first purchase and will be stored for future purchases. The user must also enter delivery and billing details and select the desired delivery method.

At that time, the user will be informed of the shipping cost for the order and the expected timeframes, in working days, for dispatch and delivery of the products. After dispatch, a notification will be sent by email. If the customer does not receive dispatch confirmation within a reasonable period, the customer should contact BIO III.

The user may choose between several payment methods, namely Multibanco reference, MB Way, Payshop and credit card.

Before confirming the order, the user must check all data contained in the order summary, including user details, selected products, delivery method and payment method. If any inaccuracy is detected, the user must return to the previous steps to correct it.

Before finalising the order, the user must read the Terms and Conditions and tick the agreement option if the user accepts them. Acceptance of the Terms and Conditions is a mandatory requirement to complete the operation.

After completing the previous steps and accepting these Terms and Conditions, the user may finalise the order. By confirming the order, the user enters into a purchase and sale contract with BIO III, fully accepting the description of the products, their prices and these Terms and Conditions.

After order confirmation, the user will receive an email confirming that the order has been received by BIO III. This email will include a summary of the order, product name or reference, total price, selected shipping option, associated transport costs, selected payment method and respective deadline, where applicable. If any data is incorrect, the user must immediately request its correction from BIO III.

After full payment of the total price of the products, the invoice will be issued and sent to the email provided by the user. Once issued, the invoice cannot be reissued with changes.

With order confirmation and full payment of the price, the purchase and sale contract is formalised. However, the effectiveness of this contract depends on the availability of the products in stock.

All orders are subject to product availability. BIO III is not obliged to supply unavailable products. If the products ordered are not available, BIO III will inform the user as soon as it becomes aware of that unavailability.

If there is temporary unavailability of a product and it is not possible to meet the agreed deadlines, BIO III will contact the user to agree on a solution. A new delivery deadline may be set, provided the user consents by email. A product of equivalent quality and price may also be supplied, if available, also with the user’s consent by email. Alternatively, the order may be cancelled in relation to the missing products, with the corresponding refund of the amounts paid within a maximum period of 30 days after the cancellation notice.

Delivery of products and timeframes

After the purchase and sale contract has been formalised, the price of the products has been paid in full and their availability has been confirmed, BIO III will send the products according to the delivery option chosen by the user.

Delays may occur for reasons not attributable to BIO III, such as delays by the carrier, difficulties in delivery to the recipient or local holidays. In these cases, delays do not give the user any right to compensation.

The user must ensure that someone is present at the delivery address on the date indicated by BIO III. The company is not responsible for delays or impossibility of delivery resulting from acts for which it is not responsible.

The deadline for delivery of ordered products is 30 days, counted from the day following confirmation of full payment of the price of the products.

For the purposes of these Terms and Conditions, delivery is deemed to have been made when the delivery receipt is signed at the agreed address or, in the case of collection in store, when the collection receipt is signed.

BIO III does not exchange products. In the event of an error by the user, the user must immediately contact BIO III through the email indicated in the document, info@bruga.pt, in order to facilitate a possible return of the product, with the rules relating to the right of withdrawal applying, and must then place a new order with the desired products.

Guarantee of product conformity

BIO III is liable for any lack of conformity of the products that exists at the time they are delivered to the user.

Products are not considered to conform to the purchase and sale contract when they do not match the description made by BIO III on the website or do not have the qualities presented as a sample or model. They also do not conform when they are not suitable for the specific use indicated by the user and accepted by BIO III, when they are not suitable for the normal uses of goods of the same type, or when they do not present the usual qualities and performance that the user may reasonably expect, taking into account the nature of the goods and any public statements made by BIO III or by the brand, namely in advertising or labelling.

Under Consumer Law, the general warranty period for new products is 3 years, counted from the date of delivery to the user. In sales to professionals, BIO III is also liable for defects existing at the time of delivery, with the warranty period being 6 months from the date of delivery.

Warranty exclusions

There is no lack of conformity or defect when, at the time the contract was entered into, the user was aware of that lack or defect, or could not reasonably have been unaware of it.

For products subject to rapid wear or single use, no warranty may be given, unless the product is proven to have been damaged at the time of delivery.

There is also no lack of conformity or defect for which BIO III is responsible when the flaws or defects result from situations for which the company is not responsible. This includes use or storage of the products in a careless, negligent manner or contrary to the respective instructions, use of the products for a purpose other than that for which they are intended, production of products according to requests and specific characteristics indicated by the customer, normal use or consumption of the products, or modification or alteration of the products.

Procedure in case of defect or lack of conformity

If the product purchased is not in conformity or has any defect, the user must communicate the situation to BIO III, presenting the respective invoice and a description of the non-conformity. The products must be delivered to BIO III for assessment.

After receiving the products at its premises, BIO III will verify the reported non-conformity. If a lack of conformity for which BIO III is responsible is confirmed, and taking into account the type of products marketed in the online store, the user will be entitled, in this order, to repair, if possible, replacement of the product with another product of identical characteristics, a reduction in the price paid, or termination of the contract.

The costs of returning or collecting products under warranty will be borne by BIO III whenever it is concluded that the non-conformity is covered by the warranty period.

Right of free withdrawal from the contract

The rules on free withdrawal apply exclusively to sales made to final consumers, under Law No. 24/96 of 31 July, as amended.

The consumer user has the right to withdraw freely from the contract within 14 calendar days, without needing to give any reason. This period is counted from the day on which the user, or a third party indicated by the user who is not the carrier, acquires physical possession of the product. In the case of several goods ordered in a single order and delivered separately, the period is counted from the day on which the user, or the indicated third party, acquires physical possession of the last product.

The right of free withdrawal may be exercised in relation to all products purchased or only some of the products included in an order.

To exercise this right, the user must complete the free withdrawal form suggested in the document or send a clear written communication of the decision to withdraw. This communication may be sent by registered letter to BIOPOSITIVO III, LDA, Parque Hubel, Pechão, 8700-179 Olhão, or by email to info@bruga.pt. If the request is sent by email, BIO III will send the user an acknowledgement of receipt of the withdrawal request by email within 24 hours.

The model withdrawal form includes the company’s details, taxpayer number, general telephone, fax, address and email, as well as the customer’s details, name, address, telephone and email. The form makes it possible to declare withdrawal from the purchase and sale contract relating to a specific product, indicating the product, reference, order number, order date and receipt date. If sent on paper, it must include the consumer’s signature, place and date.

To comply with the withdrawal period, it is sufficient for the communication relating to the exercise of the right of free withdrawal to be sent before the applicable period expires.

Products sold sealed that are not suitable for return for reasons of health protection or hygiene, if opened after delivery, are excluded from the right of free withdrawal. In such situations, BIO III reserves the right to refuse the return. Perishable products, consumables or products whose use changes the composition, structure or appearance of the item are also included in this exception.

Obligations arising from free withdrawal from the contract

When the products have already been delivered to the user, the user must return or deliver them to BIO III within 14 days from the date on which the decision to withdraw from the contract was communicated. The return costs are borne by the user.

If withdrawal occurs before the order is received by the user, all payments made will be reimbursed, including any delivery costs, except where the user requested a delivery method more expensive than the commonly accepted one.

BIO III reserves the right to withhold reimbursement until the products have been returned to it. Reimbursement will be made using the same payment method used in the initial transaction, unless expressly agreed otherwise.

The user must keep the products in such a way that they can be returned in suitable condition, in their complete original packaging and always accompanied by the respective receipt or original invoice.

The contractual right to return products applies only to products that can be returned in the same condition in which they were received. If the product is damaged or shows signs of use beyond the simple opening of the outer packaging, including removal or cutting of labels or violation of security seals, BIO III may refuse reimbursement.

If the return conditions are not met, the return will be rejected and an email will be sent to the user indicating the reasons. In that case, the user may request that the products not accepted for return be resent, bearing the respective shipping costs.

Intellectual property

BIO III owns all intellectual property rights over the website. The content made available through the website, including texts, images, trademarks, logos and source codes, is protected by intellectual property legislation, namely copyright and industrial property rights. This content is owned by or licensed to BIO III, its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without prior written authorisation from BIO III or from the holder of the applicable intellectual property right.

The user undertakes not to make abusive use of such content. The user may not copy, disclose or use it in any way, nor use software tools to collect protected content, including robots, crawlers or other automatic mechanisms.

The user may also not copy, translate, disassemble, decompile, create or attempt to create, by reverse engineering or otherwise, the source code and object code of the platform, third-party tools and applications, and the software associated with its operation. The user may also not remove any confidentiality or intellectual property notices.

The user undertakes to fully compensate BIO III for any compensation, costs or expenses that BIO III incurs due to third-party claims related to the violation of rights, including intellectual property rights associated with the use of content made available on the website or associated services.

Protection of personal data

BIO III, as controller, respects users’ privacy. All personal data collected on the website will be kept confidential and will not be sold, communicated or reused by third parties without the user’s authorisation.

The personal data provided will be processed in accordance with the applicable legislation, best practices and appropriate technical and organisational security measures. For more information about the processing of personal data, the Privacy Policy should be consulted.

Liability

To the fullest extent permitted by law, BIO III will only be liable for damage caused by gross negligence or wilful misconduct. BIO III assumes no responsibility for the continuous availability of the website, especially with regard to mobile networks, the internet and mobile devices.

User support and complaints

The user may send comments, suggestions or complaints to BIO III by telephone at (+351) 289 710 501, call to the national landline network, available from Monday to Friday, from 9:30 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m., or by email at info@bruga.pt.