Terms and Conditions
Thank you for visiting our website.
Please make sure you read carefully the Terms and Conditions that we are submitting, any use of this website implies the acceptance of the Terms and Conditions here submitted.
These Terms and Conditions (here after “Terms and Conditions”) regulate the use of the website NATIVE Açaí®, accessible from the address http://acainative.com/ (here after “Site NATIVE Açaí”).
The use of the website NATIVE Açaí® by the NATIVE Açaí® client or clients (here after “Client” or “Clients” respectively) or the NATIVE Açaí® user or users (here after “User” or “Users”) assumes and implies the knowledge and acceptance, by the Client and user, of these Terms and Conditions.
The Client and the User declare having the necessary judicial capacity that allows them to accept these Terms and Conditions.
NATIVE Açaí® reserves the right to proceed to changing these Terms and Conditions, freely and at any moment.
NATIVE Açaí® is a registered brand, property of the company Casa da Fruta, Lda (here after “NATIVE Açaí®”).
The Client will read these Terms and Conditions before proceeding to the registration in the Online Store NATIVE Açaí®. After reading, understanding and accepting these Terms and Conditions, the Client declares having no need to any further act or consent.
These Terms and Conditions regulate also the access and use of the Online Store service (here after “Online Store”), through which their Clients or Users can check information about the products offered by Casa da Fruta (here after “Products”) and proceed, electronically, to their order (here after “Order”) and acquisition.
Use of the website
Use of the web page
The user undertakes to use the Web, the Services and Contents in a diligent, correct and legal way.
The user may save, print or show the contents of this website for their personal use. The publication, manipulation, distribution or reproduction, in any format, of any content of this website, and the connection of the same to any business or company, is strictly forbidden.
Freedom of Use
As long as they respect these Terms and Conditions and the laws applicable, in particular the protection of the copyrights and rights of the industrial property and the criminal laws, the Client and the User have total freedom of use of the NATIVE Açaí® website.
The Client and the User are responsible for the use they make of all the contents available on or from the NATIVE Açaí® website, according to these Terms and Conditions.
The following activities are expressly forbidden, namely:
- To perform illegal activities or activities that go against the rights of NATIVE Açaí® or their Clients and Users or the remaining internet users;
- To use another identity other than the Client’s or User’s or to forge or hide in any way the identity of the Client or User in email messages or in any other internet service;
- To interfere or impair, by any form, the use of the NATIVE Açaí® website or violate any rules, regulations or standards of the networks connected to the use of the NATIVE Açaí® website.
- To introduce, transmit or make accessible, by any form, material that contains viruses, programs, systems or files that may destroy or limit the functionality and/or the capacity of any computer, server, including software and hardware or equipment of communication or electronic networks;
- To promote or offer information about illegal activities, such as discriminatory, obscene, pornographic or defamatory contents, susceptible to incite racial hate, that cause discomfort or inconvenience to others, or acts of cruelty against animals.
Violation of the Terms and Conditions
Casa da Fruta reserves the right to take all the necessary precautions to protect their rights in case of violation or attempt to violation of these Terms, and they may chose to suspend or block the access and the use of the NATIVE Açaí® website without the Client or User having the right to any compensation for that matter.
Exclusion of Liability
The integral contents of the NATIVE Açaí® website, namely including texts, graphics, images, sounds, logotypes, brands, domains and any other elements, are property of the Casa da Fruta who holds, namely, the copyrights and the rights of the industrial property of the same content. The protection of the copyrights of the NATIVE Açaí® contents extends to all the reproductions or copies, obtained through the contents of the NATIVE Açaí® website.
The access and use of the NATIVE Açaí® website are subject to interferences, interruption, breakdown or other anomalies, notably as a result of malfunction, overload or other related events external to Casa da Fruta, the Client and the User expressly recognize that no liability should be assigned to Casa da Fruta regarding the damages, potential or real, that may, directly or indirectly, result to the Client or User because of the occurrence of such events.
Casa da Fruta does not guarantee that the NATIVE Açaí® website will function without interruptions or that it will be free of error, viruses or other hazardous elements.
Casa da Fruta is not responsible for any flaws, incorrect use or incompatibly of the Clients or the Users’ hardware, not being obligated to offer support for using of the NATIVE Açaí® website, nor guaranteeing that the same assures the purposes required by the Client or the User.
Casa da Fruta reserves the right to, at any moment, add, remove or modify any contents of the NATIVE Açaí® website.
Casa da Fruta reserves the right to stop the access and use of the NATIVE Açaí® website to any Clients or Users that break any disposition of these Terms and Conditions or any legal regulations, namely regarding the use of the internet and their users.
Casa da Fruta is not liable for the accuracy, quality, safety or legality that Casa da Fruta ignores, including the fulfilment of the rules related to the copyrights and relevant rights, regarding the contents or products or services contained in the NATIVE Açaí® website that have been supplied by advertisers or commercial partners, as well as by any information contained in third parties’ sites to which there are links.
Casa da Fruta is also not responsible for any acts or omissions of these third parties connected to those contents, products or services, not ensuring that those products or services will reach certain results intended by the Client or the User.
Casa da Fruta is not liable for consequences resulting from the access by the Clients or the Users to other websites through links supplied by Casa da Fruta.
Casa da Fruta is not liable for the incorrect use of the products even if these are supplied through a purchase in NATIVE Açaí®. It is the User’s obligation to check the products received through the online purchase before opening the packages.
Casa da Fruta does not accept returns of products bought online. The Client must always consider that the frozen products must be kept in a temperature inferior or equal to -18ºC in order to preserve their original properties. Upon receiving the order, the Client must store the frozen products at -18ºC or use them immediately. The Client must check if has the conditions to store the quantity of frozen products ordered.
Responsibility of the Client or User
The Client or the User is the only and sole responsible for the use they make of the NATIVE Açaí® website, for what they are compelled to respect the applicable legislation, namely, the Code of Authors’ Rights and related rights, the Code of Industrial Property and the Legislation of Computer-related Crime, as well as act in good faith and to make use that does not offend any third party rights, namely the right to image, the right to their good name, the right to honour and right to privacy, as well as it does not constitute any attack regarding race, nationality, ethnic origin, religion, political conviction or sex, that it does not constitute defamation, incitement to theft, fraud, violence, terrorism, sadism, prostitution, paedophilia, and also that it does not use contents of obscene, indecorous or pornographic nature.
The Client or the User is authorized to make use of the contents of the NATIVE Açaí® website only and solely for their intended purposes, being expressly forbidden to reproduce, publish or disclose publicly, distribute or, by any other form, make the contents accessible to third parties, for purposes of public communication or trading, being also forbidden to make any change to the contents.
Regarding the software that is duly identified as belonging to third parties, the Client or the User should comply with the rules imposed by those third parties when using the software.
The Client or the User commit to keep strictly confidential any access codes that are made available for using the NATIVE Açaí® website, regarding an illegal or incorrect use of the NATIVE Açaí® website, and also they commit to immediately inform Casa da Fruta about any violations or incorrect use that they may have knowledge of.
It is also expressly forbidden to the Client or the User to create or introduce in the NATIVE Açaí® website any viruses or programs that may damage or contaminate the website, or advice others to do so.
The Client or the User are the only responsible by the losses, direct or indirect, caused by themselves or any other third party, regarding the use they make of the NATIVE Açaí® website, committing to proceed to paying the compensations that may be come up regarding any action, claim or conviction that they may cause.
The visit to the NATIVE Açaí® website does not require any form of registration, allowing you to browse our website without providing us any type of personal data. However, the acquisition of products, the knowledge of promotional information and subscription of newsletters requires specifically the supply of personal data. Casa da Fruta will only use the personal data when these are provided by their holders, for the effects that they were provided and always with the consent of their holders.
The entity responsible for handling the data is Casa da Fruta, and the Client and the User commit to provide and keep the personal data updated and ensure that these are real.
Suspension or extinction of the NATIVE Açaí® website
Casa da Fruta can, freely and at any moment, suspend or extinguish the access and the use of the NATIVE Açaí® website, without any right to compensation for the Clients or Users.
To all the questions not expressly regulated in these Terms and Conditions will apply the Portuguese Law. In case of litigation regarding the validity, efficacy, interpretation, application or fulfilment of these Terms and Conditions, Casa da Fruta and the Client accept that the same should be submitted to the exclusive jurisdiction of the Tribunal da Comarca de Lisboa, with express waiver of any other court of law.