Terms & Conditions
TERMS AND CONDITIONS OF USE OF THE SITE
The domain of the Website belongs to VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA., which is responsible for its operation and management. The use of the Site by third parties implies, from now on, the acceptance of these Terms and Conditions of Use (“TCU”) by its Users.
1. ACCESS TO THE SITE
VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA., as owner of the Site, may, at any time, deny access to third parties, namely for maintenance purposes. Additionally, it will be up to VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA. to deny access at any time in the event of any circumstance that, in its opinion, justifies it.
2. INTELLECTUAL PROPERTY RIGHTS:
The copyright on all texts, drawings, images, graphics and other content that are available on the Site belong to VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA. Users are not authorized to reproduce, copy, alter, sell or use these elements without previously obtaining the necessary written authorization from VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA.
3. PRIVACY AND PROCESSING OF PERSONAL DATA
4. THIRD PARTY LINKS
The Site provides, through a hyperlink, access to websites of third parties. However, as such Websites are not controlled or operated by VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA. the respective terms and conditions of use do not apply to them. In this sense, VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA. is not responsible for the content or content of the terms and conditions of use of third-party websites.
5. CHANGES TO THE TCU
VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA. reserves the right to make any necessary changes to these TCU. Whenever this happens, they will be published on the Site, so it is advisable that Site Users consult it regularly.
6. APPLICABLE LAW
The present TCU are governed and prepared in accordance with Portuguese legislation.
Any conflict or divergence of interpretation will be submitted to the competent Portuguese Court.
7. SUGGESTIONS AND COMPLAINTS
In case Users have questions related to the present TCU, they can use the following contact: [email protected].
GENERAL CONDITIONS OF SALE
Product transactions carried out through the online store are subject to Portuguese legislation and are governed by the following conditions:
BUY AND SELL
1. The Products are presented on the Website with a description that allows the Buyer to know their essential characteristics and their price.
2. The Buyer selects the Product(s) he intends to purchase;
Product(s) and acknowledges and accepts these GVCs by one-click validation;
4. The Buyer receives an email message confirming the acceptance of his order. However, the purchase and sale agreement entered into between the Buyer and VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA is subject to the resolutive condition of the availability of the Product.
5. VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA undertakes to confirm and/or inform the availability of the Product(s) ordered within a maximum period of 24 hours from the receipt of the information as provided for in paragraph 4) above.
6. If the same Product is the object of an order by several Buyers at the same time, and depending on the availability of this Product, it will be sold to the first Buyer who registers and pays for his order. The order submitted by the other Buyers will be cancelled;
7. Once the order is validated or canceled by VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA, a communication is sent to the Buyer (email message, SMS or other) to inform him of the shipment or cancellation of the order;
8. In the absence of confirmation of the availability of the Product(s) within the period provided for in point 5) above, the contract entered into between the Buyer and VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA is automatically terminated and each Party is released from their obligations. However, only the contract relating to the sale of the Product(s) not available is covered by this resolution.
9. In case of confirmation of the availability of all or part of the Products ordered by the Buyer, said Products are shipped by VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA.
10. The Buyer must confirm:
1. The reception of the product(s),
2. Conformity of the product(s) (product conformity is understood to correspond to what was ordered)
3. Product status (which corresponds to the description on the Website at the time of purchase). In the absence of confirmation, the Product is assumed to be received in compliance and in good condition within 21 (twenty-one) days from the date of shipment. This Clause does not affect the provisions contained in Decree-Law no. 67/2003, of 08.04 with the amendments introduced by Decree-Law no. 84/2008, of 21.05.
PRODUCTS AND SERVICES
1. Descriptions of the products/services and their prices on this website are subject to change at any time, without any previous notice and at our sole discretion. We reserve the right to discontinue any product at any time.
We endeavor to show our products’ photos and colors on the website as accurately as possible. However, we cannot guarantee that your computer’s screen will display colors accurately.
2. We reserve the right, but are not obliged, to limit the sales of our products or services to anyone, anywhere or in any jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any products or services we offer.
Limit per person per month: 18 bottles of Port Wine and 48 bottles of non-fortified wines. For higher quantities please contact our sales team [email protected]
3. Occasionally there may occur a misprint, inaccuracy or omission on information shown on our website or our Service, related to product descriptions, prices, promotions, offers, delivery costs, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or cancel orders if we find the related information on the website or Service is incorrect, at any time and without previous notice (including after you have placed an order).
PRICE AND PAYMENT
1. The purchase price for the Product is determined by the Seller. The price is indicated in euros with all taxes and fees included in the description sheet, but excluding delivery charges, which are added before the order is validated.
2. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time and without previous notice. We are not liable to you or any third-party for any modification, price change, termination or interruption of the Service.
ÓSCAR QUEVEDO, LDA offers the option of payment by bank transfer or at the counter.
SHIPPING MODALITIES AND EXPENSES
1. VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA will make available to the Buyer different delivery modalities, to be defined according to the Products chosen.
2. The method, terms and shipping costs will be chosen by the Buyer at the time of purchase.
RIGHT OF FREE RESOLUTION
1. Under the terms of the legislation in force, the Buyer has a period of 14 (fourteen) days from the receipt of the Product(s) ordered to exercise, with VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA, its right of free termination without payment of compensation and without the need to state the reason.
2. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and shipping costs will be reimbursed. Return costs are borne by the Buyer.
The Product(s) must be returned in the original and complete condition(s) (packaging, accessories, instruction manual, etc.) packed in the same way as in shipment, within 30 (thirty) days of receipt.
4. The Buyer exercises his right of free resolution directly with VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA by email or by going personally to the store.
5. The refund of returned products will be made by VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA to the Buyer within the shortest possible period and within 14 (fourteen) days from the date of exercise of the right of free resolution.
1. VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA undertakes to comply with the legislation to which it is subject as a professional in relation to the Products it sells on the Website, including legislation relating to the guarantee of consumer goods.
2. VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA undertakes to make every effort to best fulfill its obligations by providing a quality service to Buyers
3. VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA undertakes and guarantees that we will only sell Products that we own or over which we have rights that allow us to sell them. VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA guarantees that the Products do not violate either the legislation in force or the applicable rules, mandatory or not, and that they do not harm third-party rights, including intellectual, industrial property and/or copyright. Accordingly, VINOQUEL VINHOS ÓSCAR QUEVEDO, LDA undertakes in particular not to sell any Product that constitutes a counterfeit work under the terms of the Copyright and Related Rights Code or any Product whose marketing is regulated by legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network).
COMPETENCE TO SETTLE CONSUMER DISPUTES
1. In the event of a consumer dispute, defined in accordance with the provisions of Law No. 144/2015, of 8 September, the consumer may resort to the competent alternative consumer dispute resolution entity.
2. Without prejudice to the provisions of legislation, statutes and regulations to which alternative consumer dispute resolution entities are bound, the consumer may opt for the European online dispute resolution platform available at https://webgate. ec.europa.eu/odr, by the alternative consumer dispute resolution entity at your place of domicile or by the specialized alternative resolution entity, if any for the sector in question. You can consult the updated list of all alternative consumption resolution entities available at www.consumidor.pt.
3. If there is no alternative dispute resolution entity(ies) under the terms of the previous number or the existing one(s) do not consider themselves competent due to the value of the dispute, the consumer may resort to the National Center for Information and Arbitration of Consumer Conflicts, located in Lisbon, with the electronic address: cnia[email protected] and available on the page www.arbitragemdeconsumo.org.