Terms and conditions

 

General

1. Introduction

These Terms and Conditions govern access to and use of the Gigo website. By using our service, the customer fully accepts these Terms, as well as the Privacy Policy, Cookie Policy, and any other applicable conditions available on the website.

Gigo may change or modify the website, including services and content, at any time and without prior notice.

The User assumes responsibility for using this website in accordance with the rules set out in these terms and conditions and in accordance with the legislation in force in Portugal.

2. User conduct

When using this website, the Gigo User undertakes to:

• Register on the website, creating a single profile in their own name or on behalf of a legal entity provided they have the power to do so, providing truthful information and refraining from creating multiple profiles or profiles in the name of third parties without sufficient powers of representation;

• Not usurp or falsify the identity of any natural or legal person, or misrepresent, inaccurately or deliberately, the User's relationship with a natural or legal person;

• Not disturb or unlawfully use, or use contrary to these Terms, the website or any services, promotions or discounts, system resources, accounts, servers or networks, or other websites linked to or accessible through our website, or compromise their security;

• Not use or falsify, or access, non-public areas of the website. Any User who improperly and without authorisation accesses these areas of the website may be subject to legal action;

• Not transfer the User's Gigo account to another person without Gigo's prior written consent.

• Not copy, alter or distribute the website's rights or content, services or tools, or Gigo's trademarks and copyrights;

• Not capture or otherwise collect information about Users, including their email addresses, without their consent.

• The User undertakes to use appropriate language and behaviour when using the platform, including in all interactions with Gigo's employees and representatives. Any abusive, offensive or disrespectful conduct may result in the suspension or blocking of the Customer Account, without prejudice to any other legal measures deemed appropriate.

• By registering, the User declares that they are over 18 years of age. Account creation by minors is not permitted.

The sale of alcoholic beverages to minors is strictly prohibited.

Gigo reserves the right to cancel any orders and/or user accounts created without this creating any obligation for Gigo to compensate the user, should it be found that false or abusive profiles have been created regarding representation rights, or that the website or any promotional campaigns in force at any given time have been used abusively, namely by using more than one promotional code at the same address.

When registering on the Gigo website and/or placing an order through the Gigo website, the User must give their express consent to the processing of their data. For more information on how your data is processed, please see our Privacy Policy available on our website. The User is aware that Gigo may use third parties to perform its services, and will need to request the necessary consents from the User for that purpose.

To make purchases, a Customer Account must be created. Its use implies acceptance of the terms described in this document and of our commitment to the protection of personal data, in accordance with the Privacy Policy.

The customer is responsible for the accuracy of the information provided and for the security of their account. The company is not liable for any misuse of the account.

3. Gigo customer account

After registration, the Gigo Customer Account constitutes a private personal area where the user can view and update their personal data, track the status of their orders and view their purchase history. Cookie settings can be changed at any time through the Cookie Policy. 

If the User detects any error or inaccuracy in their data, they may correct it in their private area, or may contact our Customer Support Service at the following email address: help@gigo.pt.

4. Purchase Process

To place any order, the User must log in to our website, entering their login and password in their private area for this purpose. After logging in, they should select the products they wish to add to their cart by clicking the “Add to Cart” icon. Please note that products from different stores/supermarkets may be added, but each store will have a minimum order value and a separate delivery fee.

Once all products have been selected, simply click the icon “Continue” and you will then be redirected to the page where you will enter your payment details, address and delivery time. Before completing the order, the User confirms that they have read and accept these Terms and Conditions, the Privacy Policy and the Cookie Policy, and that they have been informed of the right of free withdrawal and its respective legal exceptions, under Decree-Law No. 24/2014, of 14 February. Once the purchase process is complete, they will receive an order confirmation email with the expected delivery date and time.

Gigo operates a limited distribution network, subject to specific geographic areas and defined delivery times and schedules. For this reason, it cannot guarantee the acceptance or delivery of orders outside the areas or periods established for the service.

 

5. Product Information

Gigo makes every effort to ensure that product information, including prices and characteristics, is accurate. However, these products are subject to changes that may not be immediately reflected on the site. Product images are for illustrative purposes only.

The company is not liable for discrepancies in information provided by suppliers. We recommend reading the labels, packaging and accompanying documents of products before using or consuming them. Gigo purchases products from partner establishments and resells them directly to Users in its own name, being responsible for the logistics operation of the order and delivery. Without prejudice to Gigo's liability towards the User under the law, technical and regulatory product information (labelling, composition, expiry dates, among others) is provided by the establishments of origin, whose names may be indicated on the product pages for purely informational purposes.

For products sold by weight (kg), as well as in cases of product substitution or adjustment to the number of bags, the final order value may differ from the value initially presented. To cover these possible differences, an additional pre-authorisation of 3% of the total order value is made at the time of payment. This pre-authorisation does not constitute a charge: any unused amount is automatically released within a maximum of 7 days. For payments by Multibanco reference, where no pre-authorisation is possible, any differences in the customer's favour will be refunded after final confirmation of the order, with no additional amounts being charged beyond those foreseen in the original payment.

6. Exclusivity rights

The User acknowledges and accepts that all content contained in or distributed on or through the website by Gigo, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights or other exclusivity laws and rights. The User may not use or distribute any content received through the website without the authorisation of Gigo or the content owner.

The User acknowledges and accepts that the website and any software made available or used in connection with the website contain exclusive and confidential information that is protected by intellectual property and other laws.

7. Copyright and intellectual property policy

This website and all its content are the property of Gigo, which holds the respective copyrights or is the property of parties that have granted Gigo a licence to use such property.

Gigo's distinctive signs, product images and trademarks may not be used in connection with any product or service that does not belong to Gigo, in any way that may cause confusion among customers, or in any way that denigrates or damages Gigo's reputation. All other trademarks not belonging to Gigo that appear on this website are the property of their respective owners, who may or may not be affiliated with Gigo, may or may not be related to Gigo, or may or may not be sponsored by Gigo.

It is expressly prohibited to retain, copy, distribute, disclose or use the content, except in cases stipulated in these terms and conditions of use. Gigo reserves the right to add, delete or modify part(s) of the content at any time and without prior notice.

8. Termination of the contract with Gigo

The User agrees that Gigo may, at its sole discretion, terminate this contract, including, without limitation, cancelling their password, their account (or any part thereof) or their use of the website, and remove and delete any content the User has contributed to the website, at any time, with or without justification.

Gigo may also, at its sole discretion and at any time, discontinue the website, or any part thereof, with or without prior notice. The User agrees that any cancellation of their access to the website under any provision of this Agreement may be carried out without prior notice, and acknowledges and agrees that Gigo may, with immediate effect, deactivate or delete their account and all files and related information held in their account and/or prevent any further access to those files on the website.

In addition, the User agrees that Gigo will not be liable to the User or third parties for any cancellation of the User's access to the website. If the User has objections regarding any terms and conditions of the contract, or is in any way dissatisfied with the website, their sole recourse will be to immediately stop using the website and/or cancel their account. To do so, the user must send an email with such a request to help@gigo.pt.

Termination of this contract does not affect the respective rights and obligations of the parties (including, without limitation, payment obligations) arising before the termination date.

9. Indemnification

The User undertakes to Gigo to defend, indemnify and hold it harmless from any judgments, losses, liabilities, costs and expenses, including, without limitation, reasonable attorneys' and experts' fees and litigation expenses arising from or based on:

• Content submitted by the User on the website;

• Use of the website by the User;

• The User's connection to the website;

• Breach of the contract by the User;

• Violation of third-party rights by the User.

 

10. Disclaimer of warranty

The risk of using this website lies exclusively with the User. This website and the information, services, products, programs and materials available through it are provided “as is” and subject to availability.

Gigo makes no warranty:

• That the website or its content will meet the User's needs;

• That the website or service will be continuous, timely, secure or error-free;

• That the quality of the products, services, information or other materials purchased or obtained by the User through the website will meet the User's expectations,

• That any defects, if any, will be corrected;

• Regarding unauthorised access to or use of our secure servers and/or the personal and/or financial information stored therein;

• Regarding any bugs, viruses or similar items that may be transmitted to or through our services by any third party;

• References and links to products or services of independent companies may appear on the website. These references and links are provided without warranties of any kind, whether express or implied.

• That the product images shown on the website correspond exactly to reality, given their purely illustrative nature;

The User agrees that Gigo will have no liability for damages incurred by the User in relation to the website or any website content. The User expressly agrees that the risk of using this website, including all content, data or software distributed by, downloaded from, or accessed through the website, lies exclusively with the User. The User understands and agrees that they will assume full responsibility for all damages caused.

11. Limitation of liability

Gigo will make every effort to ensure the continuous availability of the website and the proper provision of the contracted services. Except in cases of wilful misconduct or gross negligence, Gigo, its directors, employees, representatives, suppliers or partners shall not be liable for indirect damages, loss of profits or non-material losses that do not result directly from a breach of contract.

Gigo will not be liable for failures or interruptions in access to the website, loss of data, temporary unavailability of services or other occurrences not directly attributable to it. This limitation applies, namely:

• to the use or inability to use the website for reasons beyond Gigo's control;

• to the cost of acquiring substitute goods or services;

• to unauthorised access to or alteration of User data by third parties;

• to statements or conduct of third parties on the website;

• to any other occurrence not arising from a breach of essential legal or contractual duties on Gigo's part.

Nothing in this contract excludes or limits Gigo's liability for facts whose liability cannot be excluded by law, including liability for product defects, lack of conformity, damages resulting from wilful or grossly negligent conduct, nor does it prejudice the consumer's legal rights under Decree-Law No. 24/2014, of 14 February, and Decree-Law No. 84/2021, of 18 October.

12. Satisfaction guarantee

Gigo takes its commitment to customer satisfaction very seriously. However, there are certain situations beyond our control that, for this reason, are not covered by this guarantee. Please note that we cannot be held responsible for:

• Product characteristics that depend on information provided by the establishment of origin and that are not detectable at the time of receipt, without prejudice to the consumer's legal warranty rights;

• Products that may deteriorate or expire quickly, such as, for example, fruit, vegetables, etc.;

• Products presenting damaged packaging or protective seals that were not reported/identified at the time of delivery.

Without prejudice to the legal exclusions applicable to the right of return (namely under Article 17 of DL 24/2014), Gigo undertakes to assess, on a case-by-case basis, situations that do not meet the customer's expectations, in accordance with this policy.

13. Product Quality

Gigo is committed to offering a wide variety of products with a quality guarantee.

During transport to the customer's home, your purchases will be properly packaged to preserve their integrity during transport.

Food products are subject to constant changes, of which the consumer should always be informed; Gigo is not liable for any discrepancies and/or changes related to product information on our website provided by the supplier/manufacturer, and that which appears on the labels. In this regard, we recommend reading the nutritional information, list of ingredients, recommendations for use, preparation and/or storage, as well as all mandatory and/or voluntary information for a food product before using or consuming it.

 

Conditions of Sale

1. Order Cancellation

Once a purchase process has been completed, it is not possible to add or replace products. If the User needs to make a change to their order, they should contact Gigo's customer support department for an assessment of the situation.

If, after the order has been finalised, the User wishes to cancel it, they should contact Gigo's customer support department as soon as possible for an assessment of the situation.

However, Gigo reserves the right to cancel an order for a free or promotional product if any element of identification is found to be false or dubious (name, email address, billing address, shipping address, contact details, User's credit card number).

2. Returns and Right of Free Withdrawal

Gigo strives to guarantee 100% satisfaction. However, in situations where the order does not match the order placed by the customer (only in cases of a product different from the one ordered or damaged products), Gigo undertakes to refund the amount paid by the User; in such cases (product different from the one ordered or damaged), the customer should contact Gigo by email at help@gigo.pt:

• within 24 hours of delivery, for fresh or perishable products (for example, meat, fish, bakery, dairy, fruit and vegetables);

• within 5 days of delivery, for all other products.

This time limit does not affect the right of free withdrawal, in cases where that right applies under Decree-Law No. 24/2014, of 14 February, which may be exercised within 14 calendar days, as indicated below.

Returning a product assumes that it is in perfect condition and in its original packaging. Once the goods have been received at the respective store and verified, the refund of the amount paid will be made using the payment method selected for the order.

A refund to the customer requires the customer to return the product in full. After it has been properly received, Gigo's finance department will refund the amount paid to the same payment method within a maximum of 5 days.

Under Decree-Law No. 24/2014, of 14 February, the customer also has the legal right to freely withdraw from the sales contract within 14 calendar days of receiving the order, without having to state a reason, except in cases expressly excluded by law. The customer may not return products:

• which, by their nature, cannot be returned or are liable to deteriorate or expire quickly;

• sealed products not suitable for return for health or hygiene reasons once opened after delivery.

To exercise the right of free withdrawal, the customer must contact Gigo by email at help@gigo.pt, indicating the order and their decision to withdraw. They may, if they wish, use the form template set out in Annex B of Decree-Law No. 24/2014.

The refund will be made within a maximum of 14 days from receipt of the withdrawal statement, using the same payment method, unless otherwise agreed. Gigo may withhold the refund until it has received the returned goods or proof that they have been sent, whichever occurs first.

3. Prices

Prices shown are in euros (€) and include VAT, unless otherwise stated. Advertised prices are valid only for the day on which they are announced, and remain in effect for the User who orders on that date, even if delivery occurs on a later day.

All items shown on the site are subject to stock availability. If an item is unavailable, the customer may choose, in their account settings, between:

·       not receiving substitutes, with the missing item removed from the order and not invoiced;

·      automatic substitution with a similar item, selected by our system, without prior contact;

·       being contacted by our team to decide on the desired substitute.

In the event of substitution, the price invoiced will be that of the substitute product and not the one originally ordered. In automatic substitutions, Gigo always tries to select a product of equal or similar value to the original.

Prices and products may change at Gigo's discretion. Gigo may occasionally offer promotional discounts. The User must accept the promotion's conditions in order to benefit from the discount. The User undertakes not to use more than one discount per item, unless such use is expressly permitted by Gigo.

 

4. Shipping

The delivery time may vary depending on the availability of the products ordered, as well as the delivery address.

5. Delivery Costs

The delivery costs of your order may vary depending on the products to be delivered, delivery time and delivery address. To calculate the shipping cost and delivery time, add your products to the cart, proceed to the next page and enter your postal code.

If the customer is absent at the time of delivery, a redelivery fee may be charged, corresponding to the delivery fee applicable to the zone and time slot selected, up to the maximum delivery fee in force for the order in question.

6. Payment

Payments can be made by MBWAY, Credit/Debit Cards, Multibanco reference, or Klarna. Payment will be transferred on the date of the order. The final price of any product will be the price shown at the date and time of the order. The User ensures that all details provided at the time of the order are correct and valid. The User ensures that the credit/debit card has sufficient funds to cover the cost of the order. Gigo reserves the right to obtain validation of the User's credit/debit card before processing any order. The contract is only complete when the amounts have been received and confirmed by Gigo. Gigo reserves the right to refuse any order placed by the User.

Gigo ensures that the entire payment process is carried out with complete security.

In the event of a pricing error due to technical failures, the order may be cancelled, and the customer will be informed.

7. Order Return Shipping

In the event of a damaged or non-conforming product, after collection of the product and confirmation of the defect, Gigo will refund the amount paid for the item in question, within a maximum of 14 (fourteen) days. This refund is independent of any new order and is not subject to the minimum purchase value applicable to orders.

8. Correction of errors and inaccuracies

The information and product listings on this website may contain typographical errors or be inaccurate, and may not be complete or up to date. Gigo therefore reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after the User has placed their order). Please note that such errors, inaccuracies or omissions may relate to the description, prices and/or availability of products. Gigo also reserves the right to limit or restrict the quantities of products (even after the User has submitted their order) for any reason, including, without limitation, if the product violates any terms of this contract.

If a product is listed for sale at an incorrect price or with incorrect information due to a typographical error, a pricing error, or product information received by Gigo from partners, Gigo reserves the right to refuse or cancel orders for products listed at the incorrect price.

Gigo has the right to refuse or cancel such orders regardless of whether they have already been confirmed and the sale charged to the Customer. If the purchase has already been charged and the order is cancelled, Gigo will refund the amount using the same method as the purchase was made. If Gigo has overcharged for any product, it will refund the User the difference between the amount charged and the correct price of the product in question.

9. Invoicing

The invoice is issued by Gigo and sent to the customer via their email account after delivery of the order.

The invoice may also be resent upon request to the support email help@gigo.pt.

10. Carrier Shipments

Shipping Responsibility

For domestic shipments by carrier, the contracted carrier holds full responsibility for the transport and delivery of the products. Gigo is not liable for any damage, loss or delay that may occur during the delivery process. However, we undertake to assist in resolving any dispute within a maximum of 7 days after receipt of the complaint.

Damage During Transport

If products are damaged during transport, we undertake to facilitate the compensation process for the User. If the product arrives damaged, the User must notify Gigo by email at help@gigo.pt, within up to 7 (seven) days of receiving the order, without prejudice to their legal warranty rights should the communication occur at a later time.

Compensation Options

Gigo offers two compensation options in cases of damage or loss during transport:

• Voucher for a New Order: The User may choose to receive a voucher for the value of the damaged product, which can be used to place a new order on the Gigo website;

• Refund of the Amount Paid: Alternatively, the User may request a full refund of the amount paid for the damaged product.

Complaint Procedure

To initiate the complaint process, the User must contact Gigo by email at help@gigo.pt, detailing the order number, the situation that occurred, and attaching images showing the damage to the product. Gigo undertakes to review the complaint and provide the solution chosen by the User within a maximum of 14 days after receipt of the complaint.

Compensation Timeframe

The amount paid for the damaged product will be refunded by Gigo's finance department within a maximum of 14 days after proper receipt of the returned product. Gigo emphasises the importance of reporting damage during transport within the stipulated timeframe to ensure a quick and efficient resolution.

Return Exclusions

Returns will not be accepted for products which, by their nature, cannot be returned or are liable to deteriorate or expire quickly. Sealed products not suitable for return for health or hygiene reasons once opened are also not eligible for return.

11. Product Warranty

Products sold to consumers are subject to the 3-year legal warranty of conformity, under Decree-Law No. 84/2021, of 18 October. For sales made to legal entities or for professional purposes, the general regime of the Civil Code applies.

The warranty applies only to non-perishable products that have not been used improperly.

12. Liability

Gigo is not liable for direct or indirect damages resulting from the use of purchased products, except where these result from a failure of the service or product itself.

The company reserves the right to block access to the site in the event of fraudulent or suspicious activity.

13. Seller Identification

The seller of the products and services offered and sold on this website is the company Binómio Vitamínico - Unipessoal, LDA, a company duly established under the laws currently in force in Portugal, whose registered office is at Rua do Barreiro, Nº 300, Módulo 0, 4470-573 Maia, Portugal, hereinafter referred to as “Gigo”.

 

14. Applicable Law and Jurisdiction

All matters relating to the protection, infringement or unlawful use of copyright-protected materials shall be handled and resolved in accordance with Portugal's copyright protection laws. All other matters related to your access to or use of this website shall be handled and resolved in accordance with the laws of Portugal. Any legal action or proceeding related to or arising from your access to or use of this site shall be brought in Portugal. As a User of the website, you agree to submit to the jurisdiction of the courts of Portugal; and agree that such jurisdiction is appropriate for any such legal action or proceeding. You further agree not to claim, in any legal action or proceeding involving Gigo, that a court in Portugal may be an inconvenient forum for conducting such legal action or proceeding.

15. Alternative Dispute Resolution

In the event of a consumer dispute as established under Law No. 144/2015, of 8 September, the consumer may use the European Online Dispute Resolution Platform (available at http://ec.europa.eu/consumers/odr) or the following alternative consumer dispute resolution entities

• CNIACC - National Centre for Consumer Dispute Information and Arbitration (www.arbitragemdeconsumo.org);

• CIMAAL - Algarve Consumer Dispute Information, Mediation and Arbitration Centre (www.consumidoronline.pt/)

• Coimbra District Consumer Dispute Arbitration Centre (www.centrodearbitragemdecoimbra.com);

• Lisbon Consumer Dispute Arbitration Centre (www.centroarbitragemlisboa.pt);

• Porto Consumer Information and Arbitration Centre (www.cicap.pt);

• Vale do Ave Consumer Dispute Arbitration Centre/Arbitration Tribunal (www.triave.pt);

• Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Tribunal) (www.ciab.pt); and

• Autonomous Region of Madeira Consumer Dispute Arbitration Centre (www.srrh.gov-madeira.pt).

For more information, please see the Consumer Portal at www.consumidor.gov.pt/.