This document (hereinafter referred to as “Terms and Conditions”) governs the general terms and conditions of use of the website https://adegavidigueira.pt which you have just accessed, owned by Adega Cooperativa de Vidigueira, Cuba e Alvito, CRL. as well as the terms and conditions for the purchase and sale of products sold by Adega Cooperativa de Vidigueira, Cuba e Alvito, CRL. through its online shop https://adegavidigueira.pt (hereinafter referred to as website and online shop).
Identification of the website owner and product supplier:
The owner of the website and supplier of the products sold in the online shop is Adega Cooperativa de Vidigueira, Cuba e Alvito, CRL. Having its registered office at Bairro Industrial, 7960-305 Vidigueira, Legal Entity Number 500008191, hereinafter simply referred to as “VIDIGUEIRA WINERY”.
VIDIGUEIRA WINERY facilities, located at Bairro Industrial, 7960-305 Vidigueira.
Telephone: (+351) 284 437 240
Fax: (+351) 284 437 249
Use of the website
- These Terms and Conditions apply to all Users of the website, including, but not limited to, visitors, customers and others not specifically identified.
- The contractual proposal regarding the purchase and sale of the products commercialised by VIDIGUEIRA WINERY in the online shop is directed only to adults of full capacity and that, therefore, can take responsibility for the commitments resulting from the purchase and sale of the products commercialised by VIDIGUEIRA WINERY.
- If the User does not agree with these Terms and Conditions in their entirety, the User shall not access the website or the features and services associated with it, namely the online shop. In particular, the making of any purchase through the online shop depends on the acceptance of these Terms and Conditions, so that if the User does not accept them, the User may not make purchases through the same.
- By accepting these Terms and Conditions, the User does so on his own behalf and/or on behalf of the organisation that he represents (if applicable). By accessing our website and placing orders through our online shop, the User declares to be over 18 years of age, guaranteeing to have full legal capacity and powers necessary to carry out such acceptance, as well as the age required by law for the purchase and consumption of alcoholic beverages. Furthermore, by accepting these Terms and Conditions, the User expressly declares that he shall not use the website, and the features and services associated to its use, for any illegal and/or illicit purposes.
- VIDIGUEIRA WINERY reserves the right to change these Terms and Conditions at any time and without prior notice. The User should therefore check the Terms and Conditions before each use of the website and associated features and services, in particular, before each use of the online shop.
- Without prejudice to the provisions of the preceding paragraph, any amendments to the Terms and Conditions subsequent to the Confirmation of any order shall not bind the User in relation to such order. The Terms and Conditions in force on the date of the Confirmation of each order shall apply.
- VIDIGUEIRA WINERY guarantees the security of the account within the security measures expected and appropriate to platforms such as the website and its online shop.
- VIDIGUEIRA WINERY shall not be liable for losses arising from interference, interruptions, computer viruses, malfunctions or disconnection of the operating system that may temporarily impede access, browsing or the provision of services to Users.
- Under no circumstances may VIDIGUEIRA WINERY and/or its representatives and employees be held liable for any damages that may arise, even accidentally, from the malfunctioning of the website, under any circumstances and for whatever the duration of such malfunctioning, or for any damages caused by the reproduction, use or operation.
- The breach of the provisions of these Terms and Conditions by the User shall constitute grounds for termination by VIDIGUEIRA WINERY. In any case, the breach of the provisions of these Terms and Conditions by the User and regardless of whether or not it is terminated, shall always entitle VIDIGUEIRA WINERY to be compensated for all damages resulting therefrom. Furthermore, VIDIGUEIRA WINERY reserves the right, at its own discretion, to terminate the use of the website and its features and services by the User in question, with or without notice to the User.
Customer registration on the website
- Mere access to the website is not subject to registration. To enjoy all the features and services of the website, namely the online shop, the User must fill in the requested data for the purposes of contact, invoicing, shipping and payment, and may opt for the creation of a User account, in which case a password shall also be requested.
- The User is responsible for the truthfulness, completeness and legality of the data provided, both at the time of registration and for the purposes of making purchases in the online shop, as well as for updating the same. In these terms, the User shall be solely and exclusively liable for any false or inaccurate statements made and, consequently, for compensating VIDIGUEIRA WINERY for any losses it may suffer as a result of non-compliance with this provision.
- All content added to the User’s account, as well as all activities that take place therein, are the responsibility of the User. VIDIGUEIRA WINERY has no obligation to monitor the content or the (non)fulfilment of any of the User’s responsibilities, namely the fulfilment of obligations towards other Users or national authorities.
- VIDIGUEIRA WINERY has neither access to nor knowledge of the password set by the User for the purpose of accessing the website, and it is the User’s responsibility to ensure the confidentiality of the password and guarantee its safekeeping and proper use, as well as to comply with good practices relating to the security of the account (in particular, changing the password regularly and avoiding connections through networks open to the public). As such, VIDIGUEIRA WINERY may not be held liable for damages arising from the loss or misuse of the password defined by the User.
- The website makes available a wide range of products, commercialized by VIDIGUEIRA WINERY in the online shop.
- All these products are illustrated with photographs and an indication of their essential characteristics and are available for purchase by Consumers.
- VIDIGUEIRA WINERY has made every effort to ensure that the information presented on the website and its online shop is free of typographical errors and, whenever these occur, VIDIGUEIRA WINERY shall correct them as soon as possible. In the same way, VIDIGUEIRA WINERY shall make its best efforts to keep the information about the products in the website and online shop up to date.
- VIDIGUEIRA WINERY may, at any time alter, delete or move any information on the website and its online shop without prior notice, namely information relating to products, prices, promotions, offers, commercial conditions and services.
- The User hereby expressly accepts and agrees to the following:
- The photographs shown on the website are purely illustrative, the user should read carefully and fully understand the information about the essential characteristics of the products that are described on the website, as well as the respective ingredients, warnings and instructions for use. If in doubt, the User shall contact VIDIGUEIRA WINERY to obtain any additional information, by filling in the form available for information requests or by contacting us by email or telephone at the addresses given in paragraph 1.2;
- Detailed information about the products and their characteristics/specifications can be checked at VIDIGUEIRA WINERY;
- All products on sale on the website are subject to the existing stock, without prejudice to VIDIGUEIRA WINERY striving to present updated information on the availability of products included in the shopping cart;
- VIDIGUEIRA WINERY shall not take responsibility for any discontinued items;
- The prices and products available on the website shall only be valid for commercial transactions carried out through the online shop.
The information available on the VIDIGUEIRA WINERY website and its online shop about products intended for human consumption does not dispense with consulting the labels of these products when received by the User and before consumption. The User shall always read the nutritional information, list of ingredients, recommendations for use and/or storage, warnings, as well as all mandatory and/or voluntary information about a Product before using or consuming it, and VIDIGUEIRA WINERY shall not be liable for any consequences resulting from failure to check the information on the labels.
- The price of each one of the products commercialised by VIDIGUEIRA WINERY is duly indicated on the website, in Euros, including VAT at the legal rate in force.
- The price of each of the products marketed by VIDIGUEIRA WINERY and indicated on the website does not include the costs of transporting the products for delivery to the User, and such costs vary according to the desired delivery time.
- The transportation costs of the products and, if applicable, the products with exemption of transportation costs, shall be presented to the User immediately before the Confirmation of the Order by the User.
- Although VIDIGUEIRA WINERY tries to ensure that all prices on the website are correct, errors may occur. If VIDIGUEIRA WINERY detects an error in the price of any of the products the User has ordered it shall inform the User as soon as possible and give the User the option of reconfirming his order at the correct price or cancelling it. If VIDIGUEIRA WINERY cannot contact the User, the order shall be cancelled and the User shall be refunded the full amount that has already been paid.
- The price of the products is subject to change by the VIDIGUEIRA WINERY, without prior notice, until the moment of Confirmation of the Order by the User.
Purchase and sale of products – procedure and negotiation conditions
- To finalize the order, the User must enter the personal data requested, including the delivery / billing address. If you choose to register as a customer, the aforementioned data shall only be requested at the time of the first purchase through the website, being saved for future purchases. Thus, they shall not be asked again, and in the future the User should just login to the website.
- The User shall then be informed of the Delivery Conditions available: home delivery, the amounts due being communicated for the respective postage, or free pick up of the order at the VIDIGUEIRA WINERY facilities. VIDIGUEIRA WINERY delivers to Mainland Portugal, Islands, as well as to some foreign countries. The shipping costs are calculated according to the location and shipping and weight of the order.
- Next the User must choose the payment method, having the following options available: ATM Reference; MBWay.
- Before Confirming the Order, the User undertakes to check the data in his order summary, confirming the User data provided, the products selected in the shopping cart, the respective mode of delivery and method of payment, returning to the previous steps in order to proceed to the respective rectification if any inconsistency is detected.
- Before finalising the order, the User must read the “Terms and Conditions” checking the agreement box available, only in the event of accepting them. The acceptance of the “Terms and Conditions” is an absolute requirement for the continuation of the operation. The User should immediately print and save the Terms and Conditions for future reference.
Order confirmation and agreement formation
- After conclusion of the previous steps and with the reading and confirmation of acceptance of these Terms and Conditions, the User may finalise his order.
- By confirming the order, the User enters into a purchase and sale agreement with VIDIGUEIRA WINERY, expressing his full and complete acceptance of the description of the products contemplated in the transaction, the respective prices and these Terms and Conditions, which contain the only provisions applicable between the User and VIDIGUEIRA WINERY.
- After Confirmation of the Order by the User, the User shall receive an email confirming that his order has been received by VIDIGUEIRA WINERY. This email shall contain a summary of the information about the order placed, including the name/reference of the product, the total price of the same, the shipping option chosen and associated transport costs, as well as the form of payment selected by the User and respective deadline (if not opted for automatic payment via Credit Card, for example). If any data is not correct, the User should immediately ask VIDIGUEIRA WINERY to change it.
- After payment of the total price of the products, the invoice shall be issued and sent in digital format to the email provided by the User. Once issued, the invoice cannot be reissued with changes.
- With the Confirmation of the Order by the User, accompanied by the subsequent full payment of the total price of the products, the agreement of purchase and sale of the products is concluded, its effectiveness remaining, however, dependent on the availability of the products in stock, under the terms of the provisions of the following paragraphs.
- All orders for products in the online shop are subject to their availability in stock. VIDIGUEIRA WINERY is not obliged to supply products that are unavailable, so if the products ordered are not available in stock, VIDIGUEIRA WINERY shall inform the User immediately after becoming aware of this unavailability and shall act in accordance with the provisions of the following paragraphs.
- If any of the products in stock is temporarily unavailable, making it impossible to deliver them within the agreed deadlines, VIDIGUEIRA WINERY shall contact the User seeking to reach an agreement on: i) a new delivery time, and the order shall only go ahead after consent is given by the User, ii) the supply of a product of equivalent quality and price, if available, and the order shall only go ahead after consent is given by the User, or, iii) the cancellation of the order for the missing products, with the corresponding reimbursement of the amounts paid by the User.
Delivery of products within the respective deadlines
- Once the purchase and sale agreement has been concluded, the full payment of the total price of the products has been made and on condition that the products purchased are available, VIDIGUEIRA WINERY shall send the User information about the delivery of the products, in accordance with the option selected by the User.
- Notwithstanding the deadlines, delays may occur for reasons not attributable to VIDIGUEIRA WINERY, which shall not give the User any right to compensation, such as delays by the carrier, difficulties in delivery to the recipient or local holidays.
- The User must ensure the presence of someone at the delivery address of the products on the date indicated by VIDIGUEIRA WINERY.
- The VIDIGUEIRA WINERY shall not be liable for any delay or impossibility of delivery of the order, resulting from acts for which it is not responsible.
- The deadline for delivery of ordered products is 30 days from the day after confirmation of payment of the total price of the products.
- For the purposes of these Terms and Conditions, a “delivery” shall be deemed to have taken place or a product shall be deemed to have been “delivered” upon signature of the delivery receipt at the agreed address.
- VIDIGUEIRA WINERY does not exchange products. As such, in the case of a mistake by the User, the same shall return the product, applying, for this purpose, the provisions of the Right of Withdrawal clause, and then place a new order with the products the User wishes.
Product Conformity Warranty
- The provisions of this clause apply exclusively to sales made to end consumers, as defined in Law No. 24/96 of 31 July, with subsequent amendments.
- VIDIGUEIRA WINERY shall be liable for any lack of conformity of the products existing at the moment when they are delivered to the User.
- The products are not in conformity with the purchase and sale agreement when any of the following facts occur:
- When the products do not conform to the description that VIDIGUEIRA WINERY has made of them on its website or do not have the features that VIDIGUEIRA WINERY has presented to the User as a sample or model;
- When the products are not suitable for the specific use for which the User intended them and of which the User has informed VIDIGUEIRA WINERY when signing the agreement and which the latter has accepted;
- When the products are not fit for the purposes for which goods of the same type are normally used;
- When the products do not have the features and performance that are usual in goods of the same type and that the User may reasonably expect, given the nature of the goods and, possibly, public statements about their specific features made by VIDIGUEIRA WINERY or the brand, namely in advertising or labelling.
- Under the terms of Consumer Law, the general warranty period for products is 2 (two) years for new products, starting from the date of delivery of the products to the User, provided that the defect in the product is communicated to VIDIGUEIRA WINERY within a maximum of 2 months from the date on which it is detected. Without prejudice to any manufacturing warranty for a longer period. For sales to professionals, VIDIGUEIRA WINERY is also liable for any product defects that may exist at the time of delivery to the User, with a warranty period of 6 (six) months from the date of delivery of the products to the User.
- In the case of perishable products subject to an expiration date, the User accepts that compliance can only be expected during the foreseen validity period.
- No lack of conformity or defect in the goods shall be deemed to exist within the meaning of the applicable law if, at the time the agreement was entered into, the User was aware of such lack of conformity or defect or could not reasonably have been unaware of it.
- The lack of conformity or defects in the products, for which VIDIGUEIRA WINERY is not liable, shall also not be deemed to exist, namely when they arise from the following situations:
- Failure to use and/or keep the products in a careful, diligent manner and/or in accordance with the respective specifications;
- The use of products for purposes other than those for which they are intended;
- The production of the products according to the customer’s requests and the specific characteristics specified by the customer;
- From normal use/consumption of the products;
- By modifying or altering the products, or by opening them improperly, for example by breaking any internal seals.
Procedure to claim under warranty
- If the Product purchased does not conform or suffers from any defect, the User must communicate the situation to VIDIGUEIRA WINERY, presenting the respective invoice and description of the non-conformity, and the respective products must be delivered to VIDIGUEIRA WINERY for assessment.
- After reception of the products by VIDIGUEIRA WINERY, the non-compliance reported shall be verified and, in the event of any proven lack of conformity that is the responsibility of VIDIGUEIRA WINERY, the User may choose between one of the following options, according to criteria of reasonableness and proportionality (repair not compatible with the products in question is excluded):
- Replacement of the product with another of identical features;
- Reduction in the price paid for the products;
- Termination of the Agreement under the terms of the following Clause.
- The costs of returning or collecting the products under warranty shall be borne by VIDIGUEIRA WINERY whenever it is concluded that the non-compliance in question is under the warranty period.
Right of withdrawal
- The provisions of this clause shall apply exclusively to sales made to end consumers, as defined in Law No. 24/96 of 31 July, and subsequent amendments.
- The User shall have the right to withdrawal from this agreement within 14 calendar days without giving any reason. The period for exercising the right of withdrawal shall expire within 14 calendar days:
- From the day on which the User or a third party indicated by the User (other than the carrier), acquires physical possession of the product; or
- From the day on which the User or a third party, with the exception of the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.
- The right of withdrawal from the agreement may be exercised by the User for all products purchased or for some of the products included in an order.
- To do so, the User must fill in the «Withdrawal» form suggested below, or send a written and unequivocal communication of his decision to withdrawal from the agreement, either by registered post to VIDIGUEIRA WINERY’s address at Bairro Industrial, 7960-305 Vidigueira, or through our Contact. If the User uses the latter method, VIDIGUEIRA WINERY shall send the User an acknowledgement receipt of the withdrawal request by email within 24 hours.
- For the withdrawal period to be respected, it is sufficient that the communication concerning the exercise of the right of withdrawal is sent before the end of the withdrawal period provided for in paragraph 2 of this Clause.
- Exceptions to the provisions of the previous paragraphs are cases in which the products sold are sealed and cannot be returned for reasons of health protection or hygiene when opened after delivery. In these situations, the right of withdrawal shall not apply, and VIDIGUEIRA WINERY reserves the right to refuse the return of products opened after delivery.
Obligations of the parties resulting from the right of withdrawal
- When the products have already been delivered to the User, the latter must, within 14 days of the date on which he communicates his decision to terminate the agreement to VIDIGUEIRA WINERY, return or deliver the products to VIDIGUEIRA WINERY at its facilities, bearing the costs arising from the return of the products.
- If this agreement is terminated before the order is received by the User, all payments made by the latter shall be reimbursed, including any costs of delivery of the products (except when a more onerous method of delivery than the one commonly accepted has been requested by the User).
- VIDIGUEIRA WINERY reserves the right to withhold reimbursement of amounts paid by the User while the products are not returned.
- The refund shall be made using the same means of payment used in the initial transaction, unless expressly agreed otherwise by the User.
- The User must keep the products in such a way that they can be returned in the correct conditions, in their complete original packaging, and always accompanied by the respective receipt or original invoice.
- The contractual right to return products applies exclusively to products that can be returned in the same conditions in which the User received them. Any product that has been damaged or that shows signs of use beyond the simple opening of its external packaging, namely because the respective labels have been removed/cut or any security seals have been violated, VIDIGUEIRA WINERY may reject the refund.
- The User cannot terminate the agreement when the product transacted has, in any of its components, been made according to the User’s specifications or customised.
- If the above conditions are not met, the return shall be rejected and an email shall be sent to the user indicating the respective reasons. The User shall have, in this case, the option to request the return of the products not accepted for return, the return postage being paid by the User.
- VIDIGUEIRA WINERY is the owner of all the intellectual property rights of the website.
- The contents that are made available by VIDIGUEIRA WINERY through the website, namely texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, VIDIGUEIRA WINERY and its suppliers or licensors own or license them and they may not be copied, imitated or used, totally or partially, without prior written authorisation from VIDIGUEIRA WINERY or the owner of the applicable intellectual property right, which the User acknowledges and accepts.
- The User undertakes not to make any abusive use of such content, which may not be copied, disseminated, used or copied in any way, not using software tools to collect protected content, namely, robots, crawlers or other automatic mechanisms.
- The User shall not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source and object code of the Platform, as well as by third-party tools and applications and the software associated with its operation, nor remove any confidentiality or intellectual property notices.
- The User undertakes to fully indemnify VIDIGUEIRA WINERY for any damages, costs or expenses incurred by it as a result of claims of any kind or nature that are brought against it by third parties based on the violation of third party rights, namely intellectual property rights related to the use of content made available, supplied or made available through the site and the services associated with it, including damages paid to third parties by agreement with them.
Protection of personal data
To the maximum extent permitted by law, VIDIGUEIRA WINERY shall only be liable for damages caused by gross negligence or wilful misconduct. VIDIGUEIRA WINERY does not assume any liability for the continuous availability of its website, and in particular the mobile networks, the Internet and mobile devices.
User support and complaints
The User may send comments, suggestions or complaints to VIDIGUEIRA WINERY by telephone, to the number (+351) 284 437 240 (available every day except holidays) or through our Contact.
Alternative dispute resolution
- The provisions of this clause shall apply exclusively to sales made to end consumers, as defined in Law No. 24/96 of 31 July, and subsequent amendments.
- VIDIGUEIRA WINERY informs that, under the terms foreseen in Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, by express choice of the consumer, they are submitted to an arbitration tribunal attached to the legally authorised centres for arbitration of consumer disputes. Thus, in case of dispute, the consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, under the terms legally provided).
- Further, under Reg. (EU) 524/2013 of the European Parliament and of the Council, the User can access at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage the Online Dispute Resolution (ODR) Platform, where information is provided on the possibility of using it to resolve their disputes.
- Also on the Consumer Portal (consumidor.pt) information is provided on the Alternative Dispute Resolution Entities available for the promotion of out-of-court resolution of national and cross-border disputes under Law No. 144/2015 of 8 September, as subsequently amended, when they are initiated by a consumer against a supplier of goods or service provider and relate to contractual obligations arising from contracts for the purchase and sale or provision of services, concluded between a supplier of goods or service provider established and consumers resident in Portugal and the European Union.
The user acknowledges that he has read and understood these general terms and conditions and associated policies and that he has had the opportunity to seek independent legal advice before accepting them. The user further acknowledges that this is the complete and exclusive statement of the agreement between him and the Winery, which supersedes any prior proposal or agreement, written or oral, and any other communication between the user and the Winery relating to the subject matter of this agreement.
General Conditions of Sale updated on 2021/03/11