Terms and Conditions – Adega de Penalva

(Scope)1 These general conditions are intended to regulate the Terms and Conditions of Use of this website operated by ADEGA COOPERATIVA DE PENALVA DO CASTELO, CRL., a cooperative with registered office at Calvário – Ínsua, 3550-167 Penalva do Castelo, registered in the Commercial Registry Office of 0037-090590 under single registration and corporate tax identification number 500.008.671 (hereinafter designated as “ADEGA”), as well as the purchase of products through the online shop available therein. 1.2. By accepting these Terms and Conditions of Use or by placing an order, the User acknowledges having read and accepted them. 1.3. ADEGA reserves the right to change these Terms and Conditions of Use without prior notice.

(Use) – 2.1. ADEGA may restrict access to certain pages of the website to authenticated users. 2.2. Authentication consists on the identification of the User by entering a user ID and password, which are mandatory fields to be filled in when registering as a User. 2.3. Registration is free and implies accepting these general terms and conditions of use. 2.4. The password chosen by the User is personal and non-transferable, and its transfer or communication to third parties is forbidden. 2.5. At the end of each use, the User must log off from the password protected area. 2.6. Whenever the User has knowledge that their user data is being used by third parties, they must notify ADEGA immediately.

(Contract) – 3.1. The information contained in these Terms and Conditions of Use does not constitute an offer to sell, but rather an invitation to contract, so there is no contract between ADEGA and the User until the order is expressly accepted by both. 3.2. After placing an order, the User will receive an email confirming the order. 3.3. Nevertheless, this does not mean that the order has been automatically accepted by ADEGA. 3.4. The User will be informed that the order has been accepted via an e-mail confirming the shipment of the order.

(Product Availability) – 4.1. ADEGA does not guarantee that the products displayed on the website are available at the time the order is processed since the order is only processed after confirmation of the respective payment. 4.2. ADEGA shall immediately inform the Customer in the event that there is an absolute unavailability of stock of the product ordered, reserving the right to provide the Customer with information about possible substitutes. 4.3. If the Customer chooses not to order the substitute, ADEGA shall refund any amounts paid by the Customer within 15 (fifteen) days after the cancellation notice.

(Delivery) – 5.1. Without prejudice of the provisions of the previous clause, ADEGA will make every effort to send the order by the due date. 5.2. Nevertheless, delays may occur due to unforeseen circumstances or related to the geographic area of delivery. 5.3. A delay in the shipment of the order in relation to the estimated delivery date shall not entitle the Customer to any compensation. 5.4. The Customer shall be informed should ADEGA, for any reason not attributable to it, become aware that it will not be able to meet the estimated delivery time and the Customer may cancel the order and be refunded the paid amount. 5.5. An order shall be deemed to have been “delivered” as soon as the Customer or any third party takes physical possession of it at the agreed delivery address by signing the relevant acknowledgment of receipt. 5.6. If it is not possible to make the delivery to the Customer or a third party at the indicated delivery address, a note shall be left indicating the location where the order is and how to request re-delivery, without prejudice of any possible charges for storage of the product. 5.7. ADEGA declines any responsibility in case of infringement of the legislation of the country where the order is delivered (namely as to the prohibition of importing alcoholic beverages), with only the User being responsible for verifying with the local authorities the conditions for importing the product he/she intends to order.

(Return Policy) – 6.1. The Customer may cancel his or her order at any time up to its delivery, being entitled to a refund of the paid amount, exercising the right of withdrawal conferred to him/her under Decree-Law no. 24/2014, of 14 February. 6.2. The Customer may exercise his/her right of withdrawal by sending an unequivocal statement to that effect (for example, through a letter sent to ADEGA’s registered office, or by fax or email). 6.3. In case of withdrawal, the Customer shall be reimbursed for all payments made, including delivery costs, within a maximum of 14 (fourteen) days from the date on which ADEGA has been informed of the Customer’s decision to terminate the contract. 6.4. Nevertheless, there is no place for a refund of any additional delivery costs resulting from the Customer choosing a shipping method other than the least expensive standard method provided by ADEGA. 6.5 ADEGA reserves the right to withhold the reimbursement until the order is returned or until the Customer provides proof of having sent it. 6.6. The Customer must return the order within a maximum of 14 (fourteen) days from the date on which he/she exercised the right of withdrawal of the contract, bearing the return costs in full.

(Personal Data Protection) – 7.1 ADEGA complies with the laws in force on protection of personal data, in accordance with the provisions of the Personal Data Privacy and Protection Policy. 7.2 The User or Customer as of now consents to the collection and computer processing of his/her personal data gathered through the Registration on the website, namely the email address and username associated to the authentication system, in strict respect and compliance with Law no. 67/98, of 26 October (“Personal Data Protection Law”). 7.3. By registering, the User undertakes, in accordance with these Terms and Conditions of Use, to provide true, accurate, current and complete information about him/herself and his/her identification data must be reliable and updated. 7.4. The User is guaranteed the right to access and correct his/her data at any time and free of charge.

(Intellectual Property) – 8.1. All materials, content and software available on the website, namely information, images, illustrations, graphs, names and logos are the intellectual property of ADEGA or third parties, and may not be reproduced, modified, distributed, commercialised or used in any other way, except with the prior and express written permission of ADEGA or the third parties who own the intellectual property rights over them. 8.2. Any use of the materials, content and software available on the website for a purpose other than that expressly permitted by these Terms and Conditions of Use shall be considered a breach of the national and international Copyright laws in force.

(Responsibility of the User) – 9.1. ADEGA is not responsible for the accuracy of any information, image, contribution or other materials that users provide through the use of the website. 9.2 The User undertakes to make prudent, careful and responsible use of the website, and not to use it in a way that may cause infringement of the rights or legally protected positions of ADEGA or third parties. 9.3. The User shall indemnify ADEGA for any claims, sanctions, fines, judgments or embargoes resulting from his/her non-compliance with intellectual and industrial property laws when using the website, as well as for any damage caused to third parties through the fault or negligence of the User. 9.4. The User is solely responsible for any damages or losses, including loss of data, caused to its computer system and/or equipment as a result of the use of the materials, content or software available on the website, unless he/she proves that they were caused intentionally or with gross negligence by ADEGA. 9.5. ADEGA shall not be liable for any damages or losses that may result from (i) operation of the User’s computer system and/or equipment, (ii) difficulties in using the website caused, namely, by delays, interruptions, errors, interferences or suspension of communications, viruses, bugs or malfunctions, (iii) delays caused by deficiencies or overloading of internet traffic or other electronic systems, (iv) illegitimate acts by third parties, security errors or deficiencies caused by the use of outdated or insecure equipment or browsers, failures of the electronic communication services used by the User, as well as damages, errors and inaccuracies that may result from their malfunction.
(Links) – 10.1. ADEGA shall not be liable for the legality, trustworthiness or quality of any content made available on a web page to which there is a link available on its website. 10.2. A link on the website does not mean, in any way, that there is any relationship between ADEGA and the owner or manager of the web page to which the link refers or that ADEGA gives its tacit consent to any materials, content or software therein available.

(Cookies) – 11.1 ADEGA may use cookies to facilitate navigation on the website and learn about the User’s preferences. 11.2 Nevertheless, the use of cookies is communicated to the User in advance and the User has the option not to accept their use.

(Jurisdiction and Communication) – 12.1. These Terms and Conditions of Use are governed by Portuguese law. 12.2. The parties hereby agree to submit any dispute arising from their interpretation or application to the courts of Mangualde, expressly waiving all others. 12.3. All communications made by ADEGA will be sent to the email address indicated by the User during the Registration process or used as a credential in the authentication system used by the User. 12.4. Communications shall be considered to have been delivered on the date sent.