GENERAL SALES CONDITIONS WINERS
1. OBJECT
1.1. The General Winershop Sales Conditions intend to establish the terms and conditions applicable to all services related to the sale “on-line” of wines, other beverages, food and accessories (here in after products) by Marco Alexandre Gomes Simões. (here in after Winers). The company having its head office in the Concelho of Barreiro, on Rua da Bandeira, nº. 24, 7º. A, 2830-330 Barreiro, is registered in the Financial Register of Barreiro, Lisboa under n.º 204933331.
1.2. The terms and conditions expressed in Winers General Sales Conditions shall apply to site www.winershop.com visitors as well as any commercial transactions conducted through the virtual store Winers available on the same. Therefore, site navigation, as well the purchase of any product at Winers, implies acceptance of the Terms and Conditions both for the User and the Customer.
1.3. Winers reserves the right to change these conditions of use and contract without pre-notice, being any changes published on the site www.winershop.com.
2. Domain Ownership www.winershop.com
The site www.winershop.com is registered under "Regulation of domain registry / subdomains. COM", registered on 26/09/2013 and is owned by Marco Alexandre Gomes Simões, headquartered at Rua da Bandeira, N. 24, 7. A, 2830-330 Barreiro, registered at the Tax Office of Barreiro, with fiscal number 204933331.
3. DECLARATION OF CONFORMITY
When making a purchase in the Winers site, Customers agree to have the legal age allowed by law in his country for the consumption of alcoholic beverages and not having any hindrance and/or legal restriction that prevents you from purchasing these products.
4. LAW
All purchases made on the www.winershop.com site are subject to the Portuguese laws. Any dispute or difference in interpretation of the Terms of Use shall be submitted to the competent Court Portuguese. When our Customer is outside of mainland Portugal, we inform you that any legal proceedings shall be forwarded to the Portuguese Courts.
Under the terms and for the purposes of the provisions of art. 18 of Law no. 144/2015, of 8 September, we inform that the available ADR entity is the Consumer Conflict Arbitration Center of Lisbon, with the following contacts:
Address: Faculdade de Direito da Universidade Nova de Lisboa - Campus de Campolide 1099-032 - Lisboa
Telephone: 21 384 74 84 (das 15h às 16h)
Telephone of Direção-Geral do Consumidor: 707 788 787
Website: http://arbitragemdeconsumo.org/
5. SERVICES
The services provided by Winers consist in maintaining and managing "online" a portfolio/catalogue of products resulting from the establishment of agreements and partnerships with producers and distributors and made available to the Client for the purpose of sale. Logistic services and payment are integrated in the service delivery.
In case of unavailability of items, Customer accepts their replacement by similar products and of the same or higher price, without additional costs.
6. INFORMATIONS OF CONTENT
The www.winershop.com site is intended only for personal use for the purpose of consult and purchase products. Any reproduction, transfer, distribution or storage of content on the sitewww.winershop.com without written permission is strictly prohibited for other purposes than strictly personal use. Winers reserves the rights to modify at any time the information published and commercial offer about: products, prices, promotions, featured products, trading conditions and services. Equally, it is strictly prohibited to place links on our site for commercial purposes without Winers permission. Likewise, the use of the domain Winershop.com in an abusive way, and without any prior authorization may be subject to appeal to competent legal means by Winers. We work in the sense that the information presented is free of typographical errors and we strive so that, when they occur, rectifies them as soon as possible. In the event the information provided does not match the characteristics of the product is reserved the Customer the right to rescind the purchase and sale agreement pursuant legally into force for that purpose.
7. PROCEDURES
Customers with the intending to purchase the products listed in the Winers catalog should make site registration. However, register it is not mandatory. Customers who register must necessarily provide the data required to the fulfillment of the purchase, completing the following data: full name, billing address, the shipping address when different from the first, VAT number (for invoice purposes if customer is a company), e-mail address and telephone number. See Prices Policy.
8. TARIFF
Each item has an associated technical sheet, which contain the relevant information and product characteristics. The price shown is the PVP - for sale to the public - and has taxes included. Shipping expenses are not included but can be consulted in "Delivery" information or at the "check out" moment when Customer choose his locality. To finish his acquisition the Customer must agree to the Terms and Conditions set forth in this Agreement.
9. PAYMENT PROCESS
Winers provides three forms of payment: credit card, PayPall or by bank transfer. The Payment of the orders will be carried out by the option chosen by Customer. The shipping and delivery products process is initiated upon confirmation of payments.
10. SHIPPING AND ORDERS DELIVERY
10.1. The integrated process of dispatch and delivery parcel is based in the clauses of this contract, as described in paragraph 3 above, being Winers responsible for the delivery of goods in perfect conditions. The shipping and logistics prices are posted on the site in Delivery Information, being available to Customer for consulting prior the purchase. Upon effecting the purchase and checkout process, Customer is again informed of the cost of shipping and delivering, depending on his destination.
10.2. The orders delivery is performed by Winers logistics partners, hereinafter designated by carrier.
10.3. The delivery time of orders is also available in "Delivery" field for Customer consultation. Despite being the traffic time set by the carrier, the same is indicative, being subject to the product availability and to occurrence of motive of force majeure that prevent the effective fulfillment of the deadline.
10.4. The delivery of orders is done at national and international territory in office hours and according to the information available in field "Delivery and Shipping".
10.5. All the products are protected by a transport insurance that is included in the shipping price. All orders are packed with the highest quality styrofoam.
10.6. Winers makes deliveries of products to countries where there are no customs restrictions or any other capable from preventing the good reception thereof by the Customer in accordance with the informations available at:
http://www.upu.int/en/activities/customs/customs-list-of-prohibited-articles.html
11. GUARANTEES
11.1. Any complaints, suggestions or communications should be addressed to Winers by completing the contact form available on the website or by electronic communication through the e-mail addresses provided for the purpose.
11.2. If a breach occur or the product is not delivered in proper condition, the Customer should report it directly to the carrier upon delivery. Where this is not possible, the Customer should report the fact to the Winers within 30 days counted from the day of product delivery, in writing, by the means indicated in the Final Provisions of this contract referred to in section 13.
11.3. The return of the products must be effected in their condition and original packaging, unless the nonconformity of the product is the reason for the return.
12. CONTRACT TERMINATION
12.1. Under Article 4 of DL143/2001 of 26 April, which governs the legal framework of distance contracts, the Customer has a period of 14 days to cancel the contract after receipt of the goods, without incurring any penalties and without having to justify the termination, by sending an letter registered with acknowledgment of receipt to express this desire, to the address given in point 13.
12.2. The products must be undamaged and returned in its original packaging to an address that will be advised by Winers following the termination notice from the customer. Winers reserves the right not to accept the contract termination should the product or packaging be damaged or not in its original state.
12.3. If the contract termination conditions are fulfilled as per above clauses Winers will refund the Customer the amount paid within 30 days, less the cost of the return.
13. OTHER
All written correspondence to Winers should be sent to either:
Postal address: Rua da Bandeira, nº. 24, 7º. A, 2830-330 Barreiro, Portugal
or Phone: (+351) 91 42 49 855
or Email: geral@winershop.com
11/02/2014