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TERMS AND CONDITIONS

TERMS AND CONDITIONS

The website garfeiramundo.com is owned by:
GARRAFEIRA MUNDO COMÉRCIO DE BEBIDAS LDA
Avenida 1º de Maio 920 – Store D
4485-105 Fajozes

Taxpayer: 514 329 025

 

The purchase of any product on the Garrafeira Mundo website implies acceptance of these General Online Sales Conditions.

 

APPLICABLE LEGISLATION

 

Any and all alcoholic drinks available for sale in the *Garrafeira Mundo* electronic store can only be purchased by people who are of legal age to do so, in their country of residence.

Decree Law (DL) number (no.) 24/2014, of February 14 in its current version (amended by Law no. 47/2014, of 28/07, by Decree-Law no. 78/2018, of 15/10 and no. 9/2021, of 29/01 ), – contracts concluded at a distance and outside the commercial establishment -, which transposes Directive no. 2011/83/EU of the European Parliament and of the Council, of October 25, 2021, regarding consumer rights.

 

1. Geographic restrictions on product delivery

The. Shipments are made to mainland Portugal, Portugal Islands and others.

 

2. Accepted payment methods

The. Bank transfer

B. MBWAY

 

3. Communications Consent

The Consumer will have to give express prior consent, in accordance with Law No. 46/2012, of August 29, to send unsolicited communications through the use of distance communication techniques.

 

4. Sales

Garrafeira Mundo, before the consumer is bound by a contract concluded remotely or outside the commercial establishment, will provide, in a timely manner and in a clear and understandable manner:

- The essential characteristics of the intended good;

- The total price of the item, including fees and taxes, additional transport charges, postal or delivery costs or any other charges that may apply;

- The shipping cost depends on the weight of the order and its delivery destination, and the final and total values ​​will always be presented before finalizing the order.

Note: For purchases from €75 (VAT included) with delivery in mainland Portugal, transport costs are covered by Garrafeira Mundo.

- Additional transport charges, when due, delivery and postal charges, and any other costs, when such charges cannot be reasonably calculated before the conclusion of the contract.

 

5. Terms of delivery of goods
All orders can be delivered by a carrier or collected in store.

 

6. Deadline for delivery of goods
Garrafeira Mundo will fulfill the order within a maximum period of 30 days, starting from the day following the conclusion of the contract.

In general, an order takes 48 hours to be delivered to mainland Portugal, exceptions may occur.

 

7. All orders placed on the Garrafeira Mundo website have a maximum payment period, by bank transfer or MBWAY, of 5 days. After this period, the order will be automatically cancelled.

 

8. Promotions published on the Garrafeira Mundo website may not apply to the physical store.

 

9. Garrafeira Mundo confirms the conclusion of the distance contract, on a durable medium, within five days from that conclusion and, at the latest, at the time of delivery of the good.

 

10. Confirmation of the contract is carried out by delivering to the consumer the pre-contractual information provided for in paragraph 1 of article 4 of Dl 24/2014, of 14 February in its updated version, unless the professional has already provided this information, on a durable medium, before the conclusion of the contract.

 

11. The contract celebrated outside the commercial establishment is reduced to writing and must, under penalty of nullity, contain, in a clear and understandable way and in the Portuguese language, the information determined by article 4 of DL 24/2014, of 14 December February in its updated version.

 

12. Garrafeira Mundo will deliver to the consumer a copy of the signed contract or confirmation of the contract on paper or, if the consumer agrees, on another durable medium, including, if applicable, confirmation of the consumer's prior and express consent.

 

13. Orders will only be processed after effective receipt of payment. The order itself does not constitute a reservation of the products.

 

14. If an order cannot be fulfilled in part or in full, the customer will be immediately contacted by our Customer Support service in order to find the most appropriate solution.

 

15. In the event of non-compliance with the contract due to the unavailability of the ordered good or service, Garrafeira Mundo will inform the consumer of this fact and reimburse the consumer for the amounts paid, within a maximum period of 30 days from the date of becoming aware of the unavailability.

 

16. Freedom to Terminate Contracts
Garrafeira Mundo recognizes that all its customers have the right to free termination of the contracts they enter into with it, under the terms of DL no. 24/2014, of February 14th in its current version, within a period of 14 days from the day on which the consumer or a third party, other than the carrier, nominated by the consumer acquires physical possession of the goods, in the case of purchase and sale contracts or the day on which the consumer or a third party, other than the carrier, nominated by the consumer acquires physical possession of the last good, in the case of several goods ordered by the consumer in a single order and delivered separately.

• The consumer's right to free resolution is considered to have been exercised within the deadline when the declaration of withdrawal is sent before the end of the deadlines referred to in the previous point.

• The consumer can exercise their right of free resolution by sending the “Free resolution” model contained in part B of the annex to decree-law DL no. 24/2014, of February 14 in its current version, or through any other unequivocal declaration of termination of the contract.

• For the purposes of decree-law no. 24/2014, of February 14th in its current version, the declaration in which the consumer communicates, in his own words, the decision to terminate the contract, namely by letter, by contact, is considered unequivocal. by telephone, by returning the item or by other means capable of proof, in general terms.

• Within 14 days from the date on which it is informed of the decision to terminate the contract, Garrafeira Mundo will reimburse the consumer for all payments received.

• It is up to the consumer, within 14 days from the date of communication of the decision to terminate the contract, to return or deliver the goods to Garrafeira Mundo or to the person authorized for that purpose.

• It is up to the consumer to bear the costs of returning the item if the right to free resolution is exercised.

• The value, if collection is requested from Garrafeira Mundo, varies according to the method of transport and location, and:

  Continental Portugal

0-2 kg - 7.50 euros

2-5 kg ​​- 8.00 euros

5-10 kg - 8.50 euros

10-20 kg - 9.00 euros

  Portugal (islands)

0-2 kg - 13.0 euros

2-5 kg ​​- 15.50 euros

5-10 kg - 19.50 euros

10-15 kg - 30.00 euros

15-20 kg - 40.00 euros

• Reimbursement of payments must be made using the same payment method that was used by the consumer in the initial transaction, unless expressly agreed otherwise and provided that the consumer does not incur any costs as a result of the reimbursement.

• Garrafeira Mundo will not reimburse additional delivery costs when the consumer expressly requests a different and more expensive delivery method than the commonly accepted and less expensive method proposed by the supplier of the good.

• When the good delivered to the consumer's home at the time of signing a contract concluded outside the commercial establishment, cannot, due to its nature or size, be returned by post, Garrafeira Mundo is responsible for collecting the good and bearing the respective cost.

• Garrafeira Mundo will retain the refund until the goods are received or until the consumer provides proof of return of the goods.

• The consumer must preserve the goods in such a way as to be able to return them in appropriate conditions of use to the supplier or to the person designated in the contract.

• The consumer may be held responsible for the depreciation of the good, if the manipulation carried out to inspect the nature, characteristics and functioning of that good exceeds the manipulation that is usually permitted in a commercial establishment.

• Under the terms stipulated in article 17 of DL 24/2014, of February 14 in its updated version, “…unless the parties agree otherwise, the consumer cannot freely terminate contracts for:

a) Provision of services, when:

i) The services have been fully provided after the consumer's prior express consent, in accordance with article 15; It is

ii) The consumer recognizes that he loses the right to free termination if the contract has been fully executed by the professional in that case;

b) Supply of goods or provision of services whose price depends on fluctuations in financial market rates that the supplier of goods or service provider cannot control and that may occur during the free resolution period;

c) Supply of goods made according to consumer specifications or clearly personalized;

d) Supply of goods that, by nature, cannot be resent or are susceptible to deteriorating or becoming quickly out of date;

e) Supply of sealed goods that cannot be returned, for reasons of health protection or hygiene when opened after delivery;

f) Supply of goods that, after delivery and by nature, are inseparably mixed with other items;

g) Supply of alcoholic beverages whose price has been agreed when concluding the purchase and sale contract, whose delivery can only be made after a period of 30 days, and whose real value depends on market fluctuations that cannot be controlled by the professional ;

h) Provision of sealed audio or video recordings or sealed computer programs, from which the consumer has removed the inviolability guarantee seal after delivery;

i) Provision of a newspaper, periodical or magazine, with the exception of subscription contracts for sending these publications;

j) Celebrated at public auction;

k) Provision of accommodation, for non-residential purposes, transportation of goods, car rental services, restaurants or services related to leisure activities if the contract provides for a specific date or period of execution;

l) Provision of digital content not provided in physical form if:

i) Its execution begins with the prior and express consent of the consumer; It is

ii) The consumer recognizes that their consent implies the loss of the right to free resolution;

m) Provision of repair or maintenance services to be carried out at the consumer's home, upon request.

• In the case of contracts provided for in paragraph m) of the previous paragraph, the right of free termination applies in relation to services provided in addition to those specifically requested by the consumer or the supply of goods other than replacement parts essential to carry out maintenance or repair.

 

17. Garrafeira Mundo reserves the right to modify, at any time, the information and commercial offer presented regarding: products, prices, promotions, commercial conditions and services. The images that illustrate each product may differ from the product subsequently delivered, and these same products are also subject to stock-outs.

 

18. Any and all alcoholic drinks available for sale on the Garrafeira Mundo website can only be purchased by people who are of legal age to do so.

 

19. All purchases made through the Garrafeira Mundo website are subject to current Portuguese legislation, which applies to all situations not covered by these general conditions.

 

20. Any conflict or divergence in interpretation of the General Conditions of Online Sale will be resolved in the competent judicial court based on the territory, value and subject matter.

 

21. You may also resort to conflict resolution through the Ave, Tâmega e Sousa Consumer Conflict Arbitration Center.

 

22. If the Customer is located outside mainland Portugal, Garrafeira Mundo informs from now on that any legal proceedings must be initiated in the competent Portuguese Courts due to the territory, value and matter.

 

ATTACHMENTS

(referred to in paragraph j) of paragraph 1 of article 4), of DL 24/2014, of February 14

 

A. Information form on the right to free resolution

 

Right of free resolution

 

The consumer has the right to freely terminate this contract within 14 calendar days, without needing to indicate any reason.

The deadline for exercising the right of free resolution expires 14 days from the day following day (1)

In order to exercise your right of free termination, you must communicate to us (2) your decision to terminate this contract by means of an unequivocal statement (for example, a letter sent by post, fax or email). You can use the resolution form template, but it is not mandatory. (3)

For the free resolution period to be respected, it is sufficient that your communication regarding the exercise of the right to free resolution is sent before the end of the resolution period.

Effects of free resolution

In the event of termination of this contract, you will be refunded all payments made, including delivery costs (with the exception of additional costs resulting from your choice of a shipping method other than the least expensive standard shipping method offered by us ), without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to terminate this contract. We make these refunds using the same payment method that you used in the initial transaction, unless you expressly agree otherwise; in any case, you will not incur any costs as a consequence of such reimbursement (4) (5) (6)

 

B. Free resolution form template

(you should only fill out and return this form if you want to terminate the contract)

- To [insert the name, geographic address and, if necessary, the fax number and email address of the professional here] :

- I hereby announce (*) that I have resolved (*) my/our (*) purchase and sale contract relating to the following good/for the provision of the following service (*)

- Requested on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if this form is notified on paper)

 

(*) Cross out what doesn’t matter