Terms & Conditions

Scope and Object

These general terms and conditions are intended to regulate the terms and conditions (hereinafter referred to as the “Terms”), by which European Seafood Investments Portugal, S.A., with VAT number 507642074, headquartered at Avenida Monsenhor Manuel Bastos Rodrigues de Sousa, 2520-206, Peniche, Portugal, will be governed by the http://penichecan.pt website (hereinafter “Website” or “PenicheCan Store”) and which are applicable to the user – whether an individual or a legal entity – (hereinafter “Customer”) whenever he accesses, use or register on the Website or order here any available products, if this is the case.

Access to and use of the Website implies acceptance and renewal of the acceptance of all the parameters present in the Terms described, as well as the Privacy Policy, in force at the time you access the Website.

If you do not accept, in whole or in part, the content of these Terms, or if you have any reservations or doubts about it, you must immediately suspend access to and use of the Website, refraining from making purchases. By accessing the Website, you agree to abide by these Terms.

PenicheCan Store reserves the right to update and change the Terms at any time and without prior notice. Any changes to the Terms will automatically become part of the Terms from the date of their posting, so you are advised to check the Terms periodically for any changes or updates.

Revised version, updated and in force since September 18, 2023.

Property

All content existing, compiled or made available through the Website, including layout, design, images, graphics, titles, icons, scripts and names of products and services included in or available on the Website are owned by or used by PenicheCan Store under license, and may be protected by local or international laws.

All software used on the Website is the property of PenicheCan Store or its Licensors and is protected by various local and international laws.

Limited Warranty and Limitation of Liability

All products sold in the online store are in compliance with Portuguese Law, namely with the applicable legislation on foodstuffs.

Unless otherwise agreed between the Customer and PenicheCan Store, all content and products are provided by PenicheCan Store upon availability and as they exist on the PenicheCan Store, and are delivered without any additional warranty.

To the fullest extent permitted by law, PenicheCan Store does not provide any express or implied warranty, including – but not limited to – quantity, quality, minimum availability, performance and/or uninterrupted or error-free access or usability of the Website, the online store, the content and the products that are made available in the online store and/or that are marketed or delivered by PenicheCan Store.

Likewise, PenicheCan Store does not guarantee that the website, servers, e-mail or any notifications sent from PenicheCan Store are free of any and all viruses or software components that are harmful or harmful to the Client’s equipment, systems or network or its integral parts.

In fact, PenicheCan Store shall not be liable for any losses suffered, whether consequential damages or loss of profits, by the Customer and/or third parties, arising from failures, interruptions, errors and suspensions of communications, as well as arising from access to and/or use of the online store, including for consequential damages and/or loss of profits that may only indirectly or remotely be associated with such access and/or use and the culpable behavior of PenicheCan Store, such as, for example, collateral damage, fines, pure financial losses, reputational or image damage or any merely consequential or remote indirect damages or losses without any strict causal link between the harmful event and the fault directly and exclusively attributable to PenicheCan Store in the creation, operation and maintenance of the online store in accordance with these Terms. If for any reason it is impossible to use the Website and in particular the online store, PenicheCan Store will not be responsible for any damages.

Where the law determines the unlawfulness of the exclusion of liability or imposes different limits on its limitation, these Terms will be reduced, revised and interpreted – and remain in force – in strict legal compliance up to that maximum legally permissible limitation and/or exclusion, which will be deemed to be the maximum limit of PenicheCan Store’s liability in accordance with applicable law under these Terms.

PenicheCan Store points out that all information about price, products, specifications, promotional actions, and services may be changed at any time, and it is the Customer’s responsibility to check them regularly.

PenicheCan Store reserves the right to withdraw or remove any product or content from the Online Store, without prior notice and at its sole and exclusive discretion.

Use of the Website

The Client undertakes to use the Website properly, refraining from any use that may be contrary to these Terms or considered abusive or harmful to the rights of PenicheCan Store or its Licensors.

By accessing and using the Website, the Client undertakes NOT to:

Use the Website in whole or in part for unlawful practices (even if only with negligence or lack of a reasonable duty of care);
Copy, reproduce, duplicate, share, clone or duplicate the Website in any way, including on another page or server.
Download, copy, use, remove, deface, or by any means use the Marks, intellectual property notices, general notices, or any other information displayed.
Use the Website in a public performance environment or in a context of non-domestic use, whether or not you do so for commercial purposes, and you also agree not to sell, resell, rent, or in any way exploit the Website, the Marks or the Content, in whole or in part.
Upload to the Website or transmit through any computer viruses, spyware, malware, computer decoys or any other similar software.
Impair or hinder the efficiency or functionality of the Website by causing damage to it or causing its interruption or in any way affect its performance or the normal flow of its traffic.
Change or modify any part of the Website beyond what is strictly and reasonably necessary for your use of it as provided in these Terms.
Use the Website to attempt to discover or otherwise gain access to PenicheCan Store’s trade secrets and/or confidential information.
Use any techniques aimed at encapsulating, extracting and/or treating, re-designing, adapting, formatting the Trademarks or the Website for the composition of any trademark, logo or distinctive elements (including but not limited to images, texts, page formatting) of PenicheCan Store, except in the case where prior written consent is given by PenicheCan Store.
Use meta tags or other form of ‘cloaked text’ using the names and/or brands of PenicheCan Store, except in the case of prior written consent from PenicheCan Store.

The Client expressly accepts that the use of the Online Store and its content is made at its sole discretion, at its sole expense and own risk, and undertakes to indemnify, defend, and protect PenicheCan Store and exempt it from any liability for the consequences that may arise from the violation of these Terms by the Client

In-store purchases

Products & Content

PenicheCan Store will do everything possible to ensure that the information presented does not contain typographical or content errors, which will be quickly corrected whenever they are identified.

The main photographs of each product, which are visible in the online store, are for illustrative purposes only. Such images may differ from the image of the product delivered later.

The Customer must carefully read the information provided on each product page, namely the label.

We recommend that you consult the information on the label of the products received at your home (nutritional declaration, ingredients, recommendations for use, preparation and/or conservation, as well as all mandatory and/or voluntary information) before their use/consumption.

If you purchase a product that has different characteristics from those presented in the PenicheCan Store, is a defective product or is an erroneous shipment, the Customer has the right to terminate the purchase contract under the applicable legal terms (right of free resolution below) and/or request its exchange at no cost to the Customer.

The products presented in the online store are only available for delivery in mainland Portugal.

Orders. Product Availability and Replacement

By using the PenicheCan Store online store and/or placing orders through it, the Customer undertakes to:

Register in the online store, providing the necessary data for this purpose and for the processing and delivery of the order.

All personal data provided must be the true ones. The non-processing or delay of an order due to incorrect or incomplete data is the sole responsibility of the Customer. For more information on the processing of personal data, the Client should consult the Privacy Policy available at Link privacy policy.

Do not place any false or fraudulent orders.

Receive the order on the date, place and time scheduled in the online store.

To place an order, the Customer must use the online store, adding the desired products to the cart. After selecting all the desired items, you must complete the order by filling in and checking all the requested data with special attention to the address.

All orders will be subject to and limited to existing stock. If there is any constraint related to the supply of products or lack of stock, PenicheCan Store reserves the right to provide the Customer with information about replacement products, of equal or superior quality, which they may order. If the Customer does not want any of the items available and suggested for replacement, the amount already paid will be refunded.

Product Pricing & Payments

The prices indicated in the Online Shop must be considered in € (Euros), with fees, taxes (namely VAT) and transport costs included.

If there is any change in sales prices, unrelated to PenicheCan Store, they will be updated to the correct prices. If any order is affected by this price change, the Customer will be contacted and may choose to correct the value or return it, canceling the order.

Payments for orders can be made through the following means of payment:

1. Credit card.
2. MBWay.
3. MB ATM.

Failure to pay for the order within 3 days of the order date will lead to the automatic cancellation of the order.

If you wish to cancel an order, you should send an email to encomendas@PenicheCan.pt.

The invoice will be sent after payment confirmation to the email provided by the Customer.

Shipping terms

The products presented in the online store are only available for delivery in mainland Portugal, and the following conditions apply:

The order will be delivered within 2 to 5 working days after confirmation of payment (for orders placed until 4:00 p.m.). Orders placed during the weekend and holidays will only be processed on the next business day.

Orders will only be processed and shipped after payment has been placed.

Orders to mainland Portugal are exempt from shipping costs.

Deliveries will be sent by courier after payment and preparation of the order to the address indicated at the time of ordering.

If the Customer is not at the address indicated for delivery, a notice will be left for collection at the CTT station in the area of residence within the following 5 working days. After this period, the order will be returned to PenicheCan Store, and the Customer is responsible for paying the costs for a new shipment, and there is no right to a refund of the amount charged.

Return (Right of withdrawal)

The Client may exercise the right of withdrawal, on any basis and without being required for any compensation, within 14 (fourteen) days from the day of physical receipt of the product, exchange for another item is not possible.

The Customer must be responsible for the payment of all transport charges for the collection of the items between the delivery address and the original address.

To exercise this right, the customer must send an email to encomendas@PenicheCan.pt with the following information:

Order Number.
Name.
Address.
Telephone contact.
Date of receipt.
Items and quantity to be returned.
Reason for return.

The product must be returned complete in the packaging in which it was sent (i.e., it must not have been opened/altered), in the same way as it was delivered and accompanied by all the documentation received, namely, the sales invoice and the document proving receipt of the product.

The packaging and documents indicated should be sent to:

PenicheCan Store,

Avenida Monsenhor Manuel Bastos Rodrigues de Sousa

2520-206 Peniche

Alternatively, it can be delivered in person at the store.

Upon receipt of the return, the Customer will be refunded the amount corresponding to the amounts paid for the order after checking the condition of the items and packaging, within a maximum period of 14 days and through the original form of payment.

There will be no refund if any of the components of the product sold or packaging is not in excellent condition, and it will only be resent to the Customer after payment of the respective shipping costs.

However, there is no right to freely terminate the contract in the following situations:

Supply of products made according to consumer specifications or manifestly personalized;
Supply of products which, by nature, cannot be reshipped or are likely to deteriorate or quickly become out of date.

Customer Support

If you have any questions, please contact us by email (encomendas@Penichecan.pt) or phone – 262780698 (call to the national landline).

Processing of personal data

The personal data provided by the Client will be processed in accordance with the provisions of the Information on the Processing of Personal Data link to the privacy policy. By using the Website and the online store, the Customer declares that all the information or data provided is true and corresponds to reality.

Intellectual Property of PenicheCan Store

The Client acknowledges that the Website may contain – but not limited to – messages, posts, news, information documents, explanations, maps, advice, videos, music, photographs, graphics or images or any other content intended for interaction with the Client (“Content”) -, protected by copyright and related rights, industrial property and other applicable legislation.

The Client acknowledges that all rights relating to, in connection with and/or relating to the Content are reserved to PenicheCan Store and its Licensors, and therefore undertakes to fully respect the aforementioned rights, namely by refraining from any acts that may violate the law or the aforementioned rights, such as reproduction, the marketing, transmission or making available to the public of such Content or any other unauthorized acts of the Content.

The trademark and logo, denominations, names, designations and distinctive images may correspond to one or more registered trademarks or intellectual property rights of PenicheCan Store or its licensors (hereinafter “Trademarks”). The Trademarks may not be used by the Client except with the prior written authorization of PenicheCan Store. The Trademarks may not be used in whole or in part in association with products or services of third parties unrelated to PenicheCan Store and/or in such a way as to cause confusion, and/or in any other way, discredit or cause any negative impact on PenicheCan Store, its products or services or those of PenicheCan Store’s partners or Licensors.

The Client acknowledges that all rights relating to the Trademarks are reserved to PenicheCan Store and its Licensors.

Nothing in these Terms shall be read or construed as conferring on the Client or any third party any right of use, right of ownership, license or authorisation in relation to the Website, the Content, the Brands – in whole or in part – nor does it confer in any way a right to use the Website, the Content or the Marks unless expressly authorized in writing by PenicheCan Store and/or its Licensors.

PenicheCan Store may decide to insert and/or manage advertisements on the Website at any time and at its sole discretion, within the limits permitted by Law. The Client acknowledges that any content appearing in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by applicable intellectual property legislation, so any use of such content may only occur under the express permission of the respective owners.

All trademarks that may be displayed on the Website, but that are not the property of PenicheCan Store, its partners or Licensors are the property of their respective owners, who may or may not have a professional collaboration or partnership relationship with PenicheCan Store.

PenicheCan Store takes intellectual and industrial property very seriously. In the event that the Client is convinced that any of the Client’s intellectual or industrial property is being infringed, please contact PenicheCan Store through the contact details listed on the Website.

Links to other websites

PenicheCan Store may provide links to other websites of subsidiaries and/or to certain business partners of PenicheCan Store or even to sites without any connection or connection with PenicheCan Store, simply because PenicheCan Store may consider at its sole discretion that the same sites may be of potential interest to the Customer. Such websites are managed and maintained autonomously by third parties unrelated to the PenicheCan Store and PenicheCan Store has no responsibility for the contents, terms of use or privacy policies that may be in force on such websites.

PenicheCan Store does not guarantee in any way and disclaims any and all liability with regard to third-party websites and/or goods or services provided/provided therein by third parties unrelated to PenicheCan Store, even though links to such sites and/or goods or services may be directly or indirectly available from the Website.

PenicheCan Store is not responsible for examining or evaluating the business nor in any way verifying the legal compliance of the business of third parties.

Communications

The online store will contact the Customer when necessary, through the means of communication provided by the Customer.

The Customer agrees to receive any and all communication related to PenicheCan Store, to the email address, address or telephone contact contained in the profile or provided during the order.

At any time, you may request not to receive these communications by emailing store@Penichecan.pt.

Complaints and Dispute Resolution

The Client and PenicheCan Store agree that any disputes arising out of or related to these Terms shall be exclusively submitted to the jurisdiction of the civil courts of Lisbon, expressly waiving any other jurisdiction.

As an alternative to legal litigation, the Client may submit any disputes arising from or related to these Terms to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to PenicheCan Store, through the contacts indicated on the Website.

The complaint must be communicated within a maximum period of 30 days after the occurrence of the event that is the subject of the complaint.

In the event that the Client is a consumer, he/she may use the Consumer Information and Arbitration Centre:

Centro de Arbitragem da Universidade Autónoma de Lisboa

Morada: Rua de Santa Marta, 43-E 1º C – 1150-293 Lisboa – Portugal

Tel.: 213 177 603 (call to the national landline).

Tel.: 213 177 600 (call to the national landline).

E-mail: centrodeartitragem@autonoma.pt

Applicable law – Jurisdiction