Terms of Use

1. Object

1.1 These General Conditions in, updated in August 2020, are intended, with the order form, and the other elements referred to in them, to regulate the terms and conditions governing the provision of the Online Store Service of Garrafinhas – Comercio de Bebidas de Qualidade de Agueda S.A, headquartered in Barrosinhas – Segadães, 3750-742 Águeda, with the unique registration and identification number of legal person number 501573178.

 

TERMS OF USE AND ACCEPTANCE

a) By browsing this website, the User agrees to be bound and accept the Terms of Use and General Conditions of Sale – please read them carefully;

b) GARRAFINHAS S.A. maintains this website for individual use, in countries and other territories where the consumption of alcoholic beverages is legal, by persons who are legally permitted to consume alcoholic beverages.

c) The User of this website must leave it immediately if:

Not accepting the Terms of Use and General Conditions of Sale.

You are not of legal age to consume alcoholic beverages in your country and/or other territory where you are located.

If you are in a country or other territory where use and/or access to this website is not permitted.

d) The User undertakes to use this website in compliance with the provisions of the applicable legislation, refraining from using the page for activities contrary to the law, morals and good customs, or harmful to the rights and interests of third parties;

e) GARRAFINHAS S.A. assumes no responsibility for the content or privacy and data processing practices of any other web pages other than this one and to which this web page may link; therefore, you should read the terms of use and privacy policies of those same pages.

 

INTELLECTUAL PROPERTY

a) All text, visual, sound, technological and other content elements on the website www.garrafinhas.pt are the exclusive property of GARRAFINHAS S.A. and are protected by Intellectual Property Law. By allowing access to the website, GARRAFINHAS S.A. is not granting any license or rights to the user;

b) No part of the website may be reproduced for the purpose of being marketed or distributed for commercial purposes, so the use, reproduction, copying and dissemination by other means of logos, texts, images and video contained in this website is always subject to prior authorization from GARRAFINHAS, S.A..

 

2. Information on Products, Prices and Contents

2.1 Garrafinhas, S.A. reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

2.2 The images that illustrate each product in Garrafinhas, S.A. may differ from the product subsequently delivered, and these same products are also subject to out of stock. In the event of a temporary or permanent out of stock, the customer will be informed and, whenever possible, indicated an alternative of products with similar characteristics.

2.3 Despite the efforts of Garrafinhas, S.A., some products in the online store may have an inaccurate price, which is why before processing orders, all values are verified. Therefore, the prices shown at Garrafinhas, S.A. are indicative only and do not constitute a contractual offer. If the actual price of the product is lower than the advertised price, Garrafinhas, S.A. will return the difference. If the price is higher, Garrafinhas, S.A. will inform the customer of such situation by e-mail and will await his decision to accept the new price or cancel the order within 15 days from the date on which the e-mail was sent.

2.4 Under Portuguese legislation, all prices shown at Garrafinhas, S.A. include the respective VAT rates in force, unless otherwise stated.

2.5 If it is not possible to satisfy the customer’s need, the payment already made will be returned in full and at no additional cost to the customer;

2.6 The prices of all products indicated on our website are presented in euros, including price, transport, fees and taxes, all duly itemized;

2.7 Under Portuguese legislation, the products sold are subject to legal tax rates, so the prices shown in the GARRAFINHAS S.A. online store. already include the respective VAT and other applicable taxes;

2.8 Shipping and transport service costs are borne by the buyer and added to the total value of the selected products; you will be informed of these charges before confirming your order and completing the purchase process;

2.9 If, when placing the order, a computer, manual, technical or any other error occurs, which causes a substantial change – understood in the sense that the price communicated proves to be disproportionate, as it is exorbitant or manifestly derisory – and involuntary by GARRAFINHAS S.A. at the public sale price, the purchase order will be considered invalid and void.

 

3. Order and Payment

3.1 After confirming the order at Garrafinhas, S.A., an email will be sent to the contact address registered by the customer at the time of formalization, with all details about delivery, billing, payment information, products and values. Garrafinhas, S.A. suggests to all customers to confirm the details of the same. If the customer does not receive the order confirmation email, he is requested to contact Garrafinhas, S.A. through the contacts available on the website garrafinhas.pt, so that this notification is sent again to the customer’s e-mail address.

3.2 If any of the details placed by the customer in the order are wrong and/or the customer wishes to change some information, as long as the order has not yet been shipped, the customer is requested to contact Garrafinhas, S.A. through the contacts available on the website guiafinhas.pt as soon as possible so that the change requested by the customer can be made internally. Changes to details of orders already shipped will have to be analyzed by the Garrafinhas, S.A. team. so that, together with the client, a more adequate solution can be found.

3.3 All orders at Garrafinhas, S.A. will only be processed after receipt of payment. The formalization of the order in itself does not constitute a reservation of the products.

3.4 If an order cannot be partially or fully satisfied, the customer will be immediately contacted by Garrafinhas, S.A. in order to find the most suitable solution.

3.5 All orders placed at Garrafinhas, S.A. have a maximum payment term of 15 days. After this period, the order will be automatically cancelled.

3.6 Orders may be canceled when expressly requested by the customer through the contacts available on the website guiafinhas.pt, before the orders are shipped. After confirming the dispatch of the order, the customer is asked to contact Garrafinhas, S.A. so that, together with it, the most appropriate solution can be found.

3.7 Through Garrafinhas Online Store, S.A. Payments are accepted via Multibanco Reference (only for customers with a bank account in Portugal), Paypal, Credit Card and MB Way.

3.8 Payments are received in euros, irrespective of the currency in which the transaction is carried out; the costs associated with conversion fees for payments made in other currencies will be borne by the customer.

 

4. Shipping costs

4.1 To the prices shown on the products, the respective value of the postage is added, for each order, which are calculated based on the cost of transport. The shipping cost depends on the weight of the order and the respective delivery destination. This postage value can be simulated inside the shopping cart with the desired products added and filling in all the requested fields of the simulator. The total shipping costs will also be automatically calculated when placing your order in the Online Store. It should be noted that the factors in this calculation may be variable and change without prior notice.

 

5. Shipments and Deliveries/Collection at the Garrafinhas, S.A. warehouse.

5.1 For orders to be sent to the requested address, the shipping option – National Shipping (in case of Portugal) and International Shipping (in case of other countries outside Portugal) must be chosen.

5.2 In general, after dispatch, an order at Garrafinhas, S.A. delay to be delivered

– 72 hours in mainland Portugal;

– Between 5 to 9 working days in Madeira and Azores Islands;

– Around 4 working days in Peninsular Spain;

– About 6 working days in the rest of Europe;

– Approximately 7 working days in the rest of the world.

5.3 After the orders are dispatched, the information for monitoring the shipment will be available in the account of the customers who have placed the order with registration and a notification is also sent via email with the information of the link for monitoring the shipment to all registered customers. and unregistered. If for any reason the customer does not receive the shipment confirmation, he is requested to contact Garrafinhas, S.A. through one of the contacts available on the website guiafinhas.pt so that all available information about the shipment of the order can be sent again.

5.4 After notification of dispatch, customers must follow the status of the shipment through the link provided by Garrafinhas, S.A., so that they are aware of the state of evolution until the moment of delivery of the order, since Garrafinhas, S.A. does not notify each shipment status change.

5.5 All products sent by Garrafinhas, S.A. must be checked upon delivery. If the customer finds that the order is damaged, he must immediately return it to the transport company, duly justify the reason for the return on the carrier’s packing slip and immediately notify Garrafinhas, S.A. through one of the contacts available on the website guiafinhas.pt.

5.6 If, after delivery, the customer finds that any of the items is not in compliance, he is requested to immediately contact Garrafinhas, S.A. via the e-mail [email protected] indicating the order number or the number of the document that accompanied the order, attaching images of the packaging as received and of all the items, so that the process of investigation of the occurrence can be opened internally and In this way the situation can be resolved as soon as possible.

5.7 Garrafinhas, S.A. is not responsible for shipments made to countries where the respective law does not allow the entry of alcoholic beverages. Customers are responsible for the eventual seizure of their orders, as well as the payment of customs fees, if any. In case of return of products to Garrafinhas, S.A. will only refund the amount corresponding to these same products. In case of doubt, the customer may contact Garrafinhas, S.A. before ordering.

5.8 Garrafinhas, S.A. has contracted services with specialized carriers for the purpose of deliveries in Portugal, Europe and most countries in the world. Every effort is made to comply with the shipping and delivery deadlines, however it should be noted that possible delays in deliveries may be unrelated to Garrafinhas, S.A., and in these cases it is not possible to guarantee exact delivery times.

5.9 Most deliveries are made during business hours on working days to the shipping address indicated by the customer when submitting the order.

5.10 In case of unsuccessful delivery attempt by the transport company due to absence, a notice of passage is always left in the customer’s mailbox with the carrier’s indications. Depending on the service and the carrier, orders must be collected at the place indicated by the same in the ticket notice, or the directions requested in the same notice must be followed.

5.11 If for some reason the customer cannot receive the order or pick it up at the place indicated by the carrier, the customer is requested to contact Garrafinhas, S.A. so that together we can find the most suitable solution.

 

6. RETURNS

6.1 Garrafinhas, S.A. recognizes to all its customers the right to terminate the contracts they enter into with it, allowing them to return, within a period of 14 (fourteen) days, the products purchased under the terms of Decree-Law n.º 143/2001 and Decree- Law 82/2008 of 05/20.

6.2 To request an exchange or return, the customer is requested to contact Garrafinhas, S.A. via email [email protected] indicating the order number or the number of the document that accompanied the order, taking into account the conditions described below in the following topics:

a) To return the order, the product must be in perfect condition and, where applicable, with its original packaging, accessories or promotional offers included, and accompanied by proof of purchase or invoice.

b) The return of defective products and wrong shipments will be accepted, and Garrafinhas, S.A. will be responsible. for shipping and collection costs whenever the customer communicates this circumstance within a period of 14 (fourteen) days from the date of receipt of the product.

c) Once the goods have been received at our facilities and after validating their status accordingly, the value will be returned in accordance with the payment method made by the customer, or another solution previously agreed with the same .

6.3 Garrafinhas, S.A. assumes the responsibility arising from defects in origin or raw material of the product purchased and if this is confirmed by the specialized team of Garrafinhas, S.A. the product will be exchanged or returned at no cost to the customer.

6.4 Garrafinhas, S.A. will not accept the return of the product after it has been used, or if it has been altered or modified.

6.5 Garrafinhas, S.A. is not responsible for deficiencies resulting from incorrect use, negligence, poor storage conditions or causes of force majeure.

6.6 For the purpose of exchange or return, an email must be sent in advance to [email protected] informing the fact and the underlying reason for the exchange or return, indicating the order number;

6.7 If the customer does not follow the instructions provided herein, GARRAFINHAS S.A. may refuse to accept the exchange of the product or its return and, in the latter case, proceed with the corresponding refund.

 

7. CUSTOMER SUPPORT

You may, at any time, contact GARRAFINHAS S.A., for any purpose, whether for any questions regarding the use of our website or our products, and even for the purpose of complaint, through the email address: [email protected].

In the event of a consumer dispute, you can resort to a Consumer Dispute Resolution Entity:

National Center for Information and Arbitration of Consumer Disputes (CNIACC)

Coimbra Region Consumer Dispute Arbitration Center (CACRC)

Lisbon Consumer Dispute Arbitration Center (CACCL)

Arbitration Center of the Autonomous University of Lisbon (CAUAL)

Consumer Dispute Arbitration Center of the Autonomous Region of Madeira (CACC RAM)

Porto Consumer Information and Arbitration Center (CICAP)

Ave, Tâmega and Sousa Consumer Dispute Arbitration Center (TRIAVE)

Center for Consumer Information, Mediation and Arbitration (Consumer Arbitration Court) (CIAB)

Algarve Information, Mediation and Arbitration Center (CIMAAL)

 

Access the Alternative Dispute Resolution Electronic Platform in sales contracts or online services:

https://www.consumidor.gov.pt/plataforma-eletronica-europeia-para-a-resolucao-de-litigios-de-consumo-em-linha.aspx

More information at the Consumer Portal: www.consumidor.gov.pt.

 

8. Applicable Law

8.1 All purchases made on the Garrafinhas, S.A. website are subject to Portuguese legislation. Any conflict or divergence of interpretation of the General Conditions of Online Sale will be submitted to the competent Portuguese Court.

8.2 If the Customer is located outside mainland Portugal, Garrafinhas, S.A. informs you from now on that any judicial process must be brought exclusively in the Portuguese Courts.

8.3 Under the terms and for the purposes of the provisions of art. 18 of Law n.º 144/2015, of 8 September, it is hereby informed that the ADR entity available is the CNIACC – National Center for Information and Arbitration of Consumer Conflicts

Phone: +351 213 847 484 (from 3pm to 4pm)