Last updated: 16 April 2021.
This e-commerce website (“Store”) is operated by XIMBIZICA, Lda using the trade name "Mex Factory” (“Restaurant”). The terms "we", "our"/"the" refer to the Restaurant. The Restaurant makes this Store, including all information, tools, and services available to you, the “User. The terms “your” refers to the User. The Restaurant and the User shall be jointly and briefly referred to as “Parties” and each individually as “Party”
You may use this Store to purchase the goods marketed there (“Products“), which you may collect from the Store address or request to be delivered to the address designated by you.
By visiting and/or purchasing Products from the Store, you are contracting the “Service” from the Restaurant and agree to the terms of service of the Store described herein (“Terms”) including the conditions and policies referenced in these Terms. These Terms apply to all Users of the Store. Please read these Terms carefully before using the Store. If you do not agree to all the terms and conditions of these Terms, you may not access the Store or use any services.
Any features or tools that are added to the Store will also be subject to the Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates. It is your responsibility to check this page periodically for changes. Your continued use of the Store following the posting of any changes constitutes acceptance of those changes.
This Store is being managed and hosted by Kitch Unipessoal, Lda. ("Kitch”). Kitch provides us with an e-commerce platform, which includes the Store, and allows us to sell our Products to you.
The Restaurant reserves the right to refuse to serve any person, for any reason, at any time.
You understand and accept that your information, excluding debit and credit card information and other payment methods, may be transferred unencrypted across various networks. Information regarding debit and credit cards and other payment methods is encrypted when transferred between networks.
You agree not to reproduce, duplicate, copy, sell, resell, or explore any part of the Service, use of the Service, or access to the Service without express permission from the Restaurant.
Certain Products may be available exclusively online through the Store. Such Products may have limited quantities.
The Restaurant makes every effort to present as accurately as possible the colours and images of our Products appearing in the Store. The Restaurant cannot guarantee that the display of any colour on your computer monitor will be accurate.
The Restaurant reserves the right, but is not obligated, to limit sales of our Products to any person, geographic region, or jurisdiction. The Restaurant may exercise such right on a case-by-case basis. The Restaurant reserves the right to limit the quantities of any Products made available in the Store. All Product descriptions or Product prices are subject to change, at our sole discretion and at any time without notice. The Restaurant reserves the right to discontinue any Product at any time. The provision of any Products or Services made in this Store is invalid where prohibited.
The Restaurant does not guarantee that the quality of any Products, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The Restaurant only offers Users its Service in the geographical areas indicated in the Store. If you wish to place an order to a certain location outside the geographical areas referred to in the Store, you will not have the option to proceed and finalize the order.
The timetable of the Services offered by the Restaurant is indicated in the Store. If you wish to place or schedule an order for a certain time outside the hours stated in the Store, you will not have the option to proceed and finalize the order.
The Restaurant reserves the right to change the geographical area where it offers its Service and the hours of the Services without prior notice.
To make a purchase of Products through the Store, you must select all the Products that want to order, as well as their quantities and characteristics, if applicable. You must follow all the steps of the purchase, opting for collection from the Store or delivery to an address designated by you, and entering the information requested throughout these steps, which includes information regarding the payment method used to pay for the purchase.
You must guarantee that all data is provided correctly, including the address (if applicable), email address or telephone number. The correct entry of these details is the sole responsibility of the User.
You are responsible for checking directly with the Restaurant, when ordering, for the existence of ingredients to which they are allergic.
If the Restaurant has not yet started the respective preparation, you can cancel your order directly in the Store, using the option given for this purpose.
However, if the Product is already being made, its cancellation will not be possible.
Without prejudice to the provisions of the previous paragraph, the Restaurant reserves the right to determine whether an order can or not be cancelled.
If you choose to have your purchase delivered to an address that you specify, the Product will be delivered to that address within a reasonable period of time (taking into account external constraints that may affect the making, availability, and distribution of the Products) following completion of your order.
If you wish, you can previously schedule a specific time for the delivery of the Products, within the opening hours.
By placing an order that includes alcoholic beverages, you confirm that you have at least 18 years of age and at least the legal drinking age under the applicable law.
The Restaurant reserves the right to refuse delivery of alcohol to any person who does not appear or cannot produce proof that they are at least 18 years of age, or who is not at least of legal drinking age under applicable law. The Restaurant also reserves the right to refuse delivery to any person who is under the influence of alcohol or drugs.
Users must notify the Restaurant of any problem with their order or anomaly of the Product delivered immediately after delivery, by telephone to +351918919103, by email to firstname.lastname@example.org, or though chat in the Store if available.
The Restaurant is not responsible if the information made available in the Store is not accurate, complete, or current. The content disclosed in the Store is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information, more accurate, more complete or more timely. Any reliance on the content of the Store is at your own risk.
The Restaurant reserves the right to modify the content of the Store at any time, without obligation to update any information in the Store. You accept that is your responsibility to periodically monitor the changes to the Store.
The prices of our Products are subject to change without notice.
The Restaurant reserves the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time.
The Restaurant shall not be liable to the User or any third-party for any modification, price change, suspension, or discontinuation of the Service.
Certain content and Products available through our Service may include content and materials from third parties.
Third-party links on this site may direct you to third-party sites that have no affiliation relationship with the Restaurant. The Restaurant is not responsible for examining or evaluating the content or accuracy and shall have no responsibility for any third-party content or websites, or for any other third-party content, products, or services.
The Restaurant is not responsible for any damage or injury related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
You should carefully read the policies and practices of the third parties and make sure you understand them before completing any transaction.
Complaints concerns or questions about third-party products should be directed to those third parties.
Occasionally, there may be information on our website or the Service which contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, prices, promotions, offers, delivery costs, preparation and shipping times, and availability. The Restaurant reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have placed an order).
The Restaurant assumes no obligation to update, change or clarify information on the Service or any related site, including, without limitation, pricing information, except as required by law. No update or specified update date applied in the Service, or any related site shall be deemed to indicate that all information in the Service or any related site has been modified or updated.
In addition to other prohibitions set out in the Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit third parties to perform or participate in any unlawful acts; (c) to violate any international, community, national, municipal or other local regulations, rules, laws or others; (d) to infringe or violate the Restaurant's intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related site, other sites or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related site, other sites or the Internet. The Restaurant reserves the right to terminate your use of the Service or any related site for violating any of the prohibited uses.
The Restaurant does not guarantee that the use of our service will be uninterrupted, timely, secure, or error-free.
The Restaurant does not guarantee that the results that may be obtained from the use of the Service are accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice.
You expressly agree that your use or inability to use the Service is at your sole risk. Products provided to the User through the Service are (except as expressly stated by us) provided on an "as is" and "as available" basis without any representation, warranty, or condition of any kind, express or implied.
In no event shall the Restaurant and its owners, partners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or representatives be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the Services or Products purchased using the Service, or any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Service or any content (or Product) posted, transmitted or otherwise made available through the service, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the fullest extent of the law.
You agree to indemnify, defend and hold harmless the Restaurant, and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, representatives, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or violation of any law or the rights of a third party.
In the event that any provision of these Terms shall be deemed unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum possible extent within the law, and the unenforceable portion shall be deemed severable from these Terms, such determination will not affect the validity and enforceability of any remaining provisions.
The obligations and liabilities of the Parties incurred prior to the date of termination shall survive termination of this Agreement for all purposes.
These Terms are effective unless and until terminated by either Party. You may terminate these Terms by notifying us at any time that you no longer wish to use our Services or when you stop using our Store.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due and including as at the date of termination; and/or consequently, we may deny you access to our Services (or any part thereof).
The failure of the Restaurant to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the right or provision.
If any provision of this Agreement is found to be void, invalid or unenforceable under any circumstances, that fact will not affect the validity of the remaining provisions, or the unaffected part of the provision, which shall remain in full force and effect.
These Terms, including the documents incorporated by reference, constitute the entire agreement between the Parties and govern your use of the Services, superseding any other prior agreements between the Parties (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the Party who drafted them.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Portuguese law.
You may consult and review the most current version of the Terms at any time on this page.
The Restaurant reserves the right, at our sole discretion, to update, amend or replace any part of these Terms by posting updates and changes in the Store. It is your responsibility to periodically check our Store for changes. Your continued use of or access to our Store or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of such changes.
Questions about the Terms should be sent to email@example.com.