Privacy Policy

I. Introduction:

The Clauses reproduced below are intended to regulate access to and use of the website www.herbalista.pt , by its users.

For the purposes of interpretation and application of these terms and conditions of use of the website , the “user” is any individual who, in his/her own name or on behalf of a legal entity, and through Internet access, visits and/or places orders through the store online made available on the aforementioned website. For the same purposes, the use of the word “site” always has the following domain as a reference: www.herbalista.pt .

When browsing the website , the user accepts, in full and without reservation, all the regulations resulting from the points reproduced below.

1. Intellectual Property/Copyright and trademark indication:

THE website is the property of “Herbalista, Unipessoal, Lda.”, which holds the intellectual property rights and rights to exploit and reproduce the same, namely text, images, illustrations, graphic design, web design and e-commerce template, as well as the hyperlinks that are established from it to other internet pages.

All content of the website described above is protected by Copyright and Related Rights and Industrial Property Rights, under Portuguese and European Union laws, international conventions and other national, community or international legal provisions.

All names, designs and/or logos that make up the website are duly registered trademarks. Any improper use of them, by a person other than their legitimate owner, will be assessed in accordance with current legislation.

Only for personal and private use is it permitted to download the contents, copy or print any page of the website , without prejudice to the maintenance of the copyright of such contents in the legal sphere of “Herbalista, Lda.”. Any copying, reproduction, dissemination or transmission, use, modification, sale, publication, distribution or any other use, in whole or in part, commercial or non-commercial, of the contents of the website, whatever means are used for this purpose, without the express authorization of “Herbalista, Unipessoal, Lda.”

Intellectual property rights and trademarks belonging to third parties are duly highlighted and must be respected by anyone accessing the website. website . Other company and product or service names displayed on the website may be the registered trademarks of their respective owners.

Through the visit to the website , the user is not granted any right or license to use any registered trademarks that are part of it, whether they belong to “Herbalista, Unipessoal, Lda.” or to third parties. Therefore, the user agrees not to modify, rent, lend, sell, distribute or create derivative works based on the content, in part or in full, of the website, including the products and services made available therein.

2. License to use the website :

Without prejudice to the provisions of the previous point, “Herbalista, Unipessoal, Lda.” grants the user a limited license to access and use the website which must be used responsibly and diligently:

The said license does not allow:

a) The resale or commercial use of the website or its contents;

b) Any use of product listings, descriptions, prices, or other content that is not in the public domain;

c) Any modified use of the website or its content that is not in the public domain;

d) Access to an area/account and respective information for which the user does not have authorization.

e) Any download or copying personal account information for the benefit of third parties;

f) Any use of date tools mining, robots , or similar data extraction and compilation tools;

g) Any use intended to test and evaluate the robustness of the system and to break that robustness;

h) Any use that violates the provisions contained in these terms of use of the website or legislation, of any nature or scope, which is in force or which may come into force.

Any abusive use of the limited license to access and use the website , attributable to the user, will permanently terminate, and without any need for prior communication, the validity of the aforementioned license.

3. User Conduct:

It is forbidden to use the website in a manner contrary to the provisions of these terms of use or any legal provisions in force or that may come into force, applicable to the matter in question.

THE website cannot be used to, among others, adopt the following behaviors:

i) Send, direct, use or reuse the website , or from it, disseminate any type of illegal, intimidating, defamatory, slanderous, insulting, obscene, provocative, pornographic or any other content or information that may jeopardize the reputation and good name of “Herbalista, Unipessoal, Lda.” and/or may generate possible civil and criminal liability of the latter;

ii) Send, direct, use or reuse the website , or from it, disseminate content carrying viruses software , political messages, commercial offers, chain letters, emails in bulk and any form of spam;

iii) Have unauthorized access to other systems or process the information contained therein;

iv) Interfere with the use or enjoyment of the website by another user or disrupt servers or networks connected to the website;

v) Assume the identity of any person or entity including, but not limited to, any representative of “Herbalista, Unipessoal, Lda.”, and through such assumption, provide false information or otherwise misrepresent your connection to a person or entity;

vi) Infringe any patent, trademark, trade secret, copyright, database right or other intellectual property rights belonging to “Herbalista, Unipessoal, Lda.” or any third party owner of content present on the website, under the terms of point 1 of these terms of use ;

If any conduct prohibited under the terms of the previous paragraph is adopted, “Herbalista, Unipessoal, Lda.” reserves the right to, immediately and without the need for any prior notice, prohibit and block the offending user’s access to the website. website , without any compensation being paid.

“Herbalista, Unipessoal, Lda.” holds a right to compensation over the user, in relation to all losses, damages and expenses reasonably suffered in its legal sphere that result, directly or indirectly, from a court decision or settlement agreement entered into in court and arising from:

i) Complaint filed by third parties, in any venue, alleging defamatory, offensive or injurious, pornographic or obscene use, which infringes any law, rule or code of conduct, attributable, by intent or negligence, to the user;

ii) Complaint filed by third parties, in any location, alleging use attributable, in any capacity, to the user, which infringes copyright or any other intellectual property rights belonging to a third party or to “Herbalista, Unipessoal, Lda” itself;

iii) Complaint filed by third parties, in any venue, alleging use attributable, in any capacity, to the user, which infringes any provisions of these terms of use of the website or applicable legislation, without prejudice to the provisions of the previous paragraph;

iv) Fines or sanctions of any nature imposed by public authorities, directly or indirectly related to the use of the website by the user.

4. Content and availability of website :

“Herbalista, Unipessoal, Lda.” undertakes to make every effort to ensure that the availability of the website is uninterrupted and error-free and that the information contained therein is up-to-date and corresponds to reality.

Despite the efforts made, “Herbalista, Unipessoal, Lda.” cannot be held responsible for any errors or omissions nor for any information contained in the website that proves to be incomplete, incorrect, inaccurate or out of date, and whose authorship or origin cannot, in any way, be attributed to it.

Likewise, “Herbalista, Unipessoal, Lda.” does not guarantee that the content of the website is appropriate or available for use in locations outside the national territory, nor does it ensure access to it in territories where its content is illegal or prohibited.

When accessing the website from locations located outside the national territory, the user will do so under his/her own responsibility, being his/her obligation to ensure that access complies with all applicable legal and regulatory standards.

Access to the website may be interrupted fortuitously for repairs, maintenance, introduction of new services or features or updating of existing ones.

The interruption of access to website for the purposes set out in the previous paragraph, it will be carried out in accordance with the commercial interests of “Herbalista, Unipessoal, Lda.”, without any prior notice being required to the user.

5. Policy cookies :

In order to provide a more personalized service in accordance with the user's expected preferences, website uses cookies to collect and store information.

One cookie is a small information file that is sent from the server website for the browser of the user and stored on the user's computer.

You cookies will only be used by “Herbalista, Unipessoal, Lda.” and their use, which will never be abusive or invasive of the user’s privacy, is limited to the following purposes:

i) Recognize the user's identity and, in possession of this information, improve the quality and effectiveness of the service provided, by retaining information related to their preferences and eliminating the need to repeatedly enter the same information;

ii) Estimate the quantitative and qualitative levels of service use.

You cookies are individually assigned to each user in order to guarantee the security and confidentiality of the data.

The estimate made under point ii) is made in an aggregated and not individual manner, not allowing the user to be identified.

You cookies will be stored on the user's computer hard drive in order to save their preferences, such as the login/password , whenever the user chooses the automatic login option to their customer account created in website .

Although such operation may result in the loss of some functionalities normally available in the site , the user can disable the cookies in your browser. Likewise, the user can configure his/her browser in order to be notified of the receipt of cookies , thus allowing you, if you wish, to prevent their installation on your computer's hard drive.

The disabling of cookies referred to in the previous point may be carried out through the procedures set out in Annex I of these terms and conditions of use of the website .

6. Legal value of the general conditions of use of the website:

If any of the rules belonging to the conditions of use are considered invalid or ineffective, such contingency does not influence the validity of the remaining provisions of the general conditions.

These general conditions of use of the website are governed by and must be interpreted in light of Portuguese legislation.

7. Subsequent modification of the content and conditions of use of the website :

“Herbalista, Unipessoal, Lda.” reserves the right to modify, suspend, cancel or restrict the content of the website , links or information contained therein, without the need for any prior notice.

“Herbalista, Unipessoal, Lda.” also reserves the right to, at any time, modify or update the website, its policies, these terms of use or general terms of sale, which is why it is recommended that you periodically consult these documents.

The user will be subject to the Conditions of Use and the policies applicable at the time he/she uses the website, unless retroactivity of any modification of these rules or conditions is imposed by order of a legal or administrative authority.

8. Confidentiality and processing of personal data: 

Under the terms and for the purposes of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the person responsible for processing the user's personal data is the company “Herbalista, Unipessoal, Lda.”.

Personal data relating to the user, collected at any stage of the purchase and sale contract concluded through the website, will be processed automatically and are intended for the execution of the aforementioned contract, which includes, for this purpose, all acts necessary for its commercial and administrative management.

The processing of the user's personal data will also be legitimised by the obligation to comply with the legal obligations incumbent upon “Herbalista, Unipessoal, Lda.”. If the user consents to this by filling in a field provided for this purpose when creating the customer account, their personal data will also be processed for advertising and marketing purposes, via post, direct distribution, telephone and e-mail.

The consent referred to in the previous point may be withdrawn by the user at any time, without such operation compromising the lawfulness of the processing of personal data carried out up until the date of withdrawal of consent.

The recipients of personal data will be solely those entities that, under legal terms, must have access to such data, without prejudice to the processing of personal data under a subcontracting arrangement.

The user's personal data will be kept throughout the ordering process and, after its termination, for the period necessary to ensure compliance with the applicable legal provisions, as well as the limitation periods provided for by Law.

In the event of a violation of the applicable legal provisions, the data subject has the right to lodge a complaint with the National Data Protection Commission (CNPD) or any other supervisory authority in this matter.

The communication of personal data, by the user, to “Herbalista, Unipessoal, Lda.” constitutes a necessary and indispensable requirement for the processing of the order fulfillment process made through the website , without which it cannot be implemented.

ANNEX I:

All the browsers allow the user to accept, refuse or delete cookies, in particular by selecting the appropriate settings in their browser. You can configure the cookies in the “options” or “preferences” menu of your browser.

However, whenever you perform any of the cookie-related tasks set out in the previous point, regardless of the browser, you may encounter constraints relating to the operability of certain features available on your browser. website , with necessary losses in the quality of navigation operating on the latter.

1. Cookie settings – Internet Explorer:

a) Click on the “Tools” menu and choose the “Internet Options” option;

b) Select the “Privacy” tab;

c) Move the bar to the top, where the option “Block all cookies” will appear;

2. Cookie settings – Mozilla Firefox:

a) Click on the “Tools” menu;

b) Select “Options”;

c) Click on the “Privacy” icon on the top panel;

d) In the “Cookies” section, disable the option “Accept cookies from website”;

e) Click “OK” to save the changes and close;

3. Cookie settings – Google Chrome:

a) Click on “Customize and Control Google Chrome” (symbol located at the end of the address bar);

b) Select the “Tools” option;

c) Click on “Clear browsing data”;

d) In the “Clear the following items from:” checkbox, choose the “All time” option;

e) Select the first 4 options and click on “Clear browsing data”;

4. Cookie settings – Safari Web and iOS:

a) Click on “Edit”;

b) Select “Preferences”;

c) In the top panel, select the “Security” icon;

d) In the “Accept Cookies” section, select “Never”.