The purchase of e-Commerce products from the Adega Regional de Colares, C.R.L. Online Shop is subject to the following general terms and conditions of use and contracting (“General Conditions“):
1.OWNERSHIP OF THE SITE
The website www.arcolares.com (“Site“) is the property of Adega Regional de Colares, C.R.L. (“ARC“), with registered offices at Al. Color. Linhares de Lima, 32, 2705-351 Colares, registered at the Sintra Commercial Registry Office under the single registration and legal person number 500968110.
If you have any questions, would like additional information or would like to make a suggestion, please do not hesitate to contact us using any of the following methods:
- Email: geral@arcolares.com
- Telephone: +351 219 291 210
- Letter: Color. Linhares de Lima, 32, 2705-351 Colares
2.OBJECT AND SCOPE
The purpose of these General Conditions is to define the conditions of use and contracting through the Website.
These General Terms and Conditions apply to visitors to the Site (“Users“) and to any commercial transactions carried out through the Adega Regional de Colares Online Shop with consumers (“Customers“).
Browsing the Site, as well as purchasing any product from the Adega Regional de Colares Online Shop, implies acceptance of these General Conditions by the User / Customer.
ARC reserves the right, at any time, without prior notice and with immediate effect, to unilaterally modify the presentation and configuration of the Site and the conditions required to access and/or use the Site.
ARC also reserves the right, at any time, without prior notice and with immediate effect, to unilaterally amend, add to or revoke, in part or in full, these General Conditions. Any changes will be immediately posted on this same online page, so it is advisable to check this page regularly to keep up to date.
3.CONDITIONS OF ACCESS AND USE OF THE SITE
Access to the Adega Regional de Colares Online Shop is free of charge and does not require prior subscription or registration by the User.
The alcoholic beverages available for sale in the Adega Regional de Colares Online Shop can only be purchased by individuals who are of legal age in their country of residence (18 in Portugal) and who do not have any legal impediment and/or restriction preventing them from purchasing alcoholic beverages.
4.INFORMATION ON CONTENT
It is expressly forbidden to copy, reproduce, modify, display, transmit or disseminate any type of content available on the Site for purposes other than strictly personal use.
ARC reserves the right to unilaterally modify, at any time and without prior notice, the information and commercial offer presented on products, prices, promotions, commercial conditions and services, namely any description, image or other information in the Adega Regional de Colares Online Store catalog.
The use of the Site for abusive purposes, and without prior authorization, is subject to recourse to the competent legal means by ARC.
All the contractual information is written in Portuguese, as is the information on the articles, email communications and the formalization of the sale.
This Site may include links to sites operated by third parties. These links are provided solely for the convenience of the User / Customer. ARC is not responsible for the content of any of these third-party websites, in particular the quality, veracity and timeliness of the statements included therein. Access by the User/Client to any of these third-party websites is at their own risk.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the elements on this website, including text, images, illustrations, graphics, files, layout, structure, among others, are protected by the legal provisions on intellectual property and, in particular, by the scope of copyright protection.
These elements may not be copied for commercial use or distribution, nor may they be modified or forwarded to other sites, without prior authorization from ARC. This website may also contain images that are the intellectual property of third parties, who are also subject to the legal provisions applicable to the protection of copyright and intellectual property.
All the elements on the Site, including text, images, illustrations, graphics, files, layout, structure, among others, are duly protected by the legal provisions on intellectual property and, in particular, by the scope of copyright protection. Accordingly, and under the terms of the Copyright and Related Rights Code (approved by Decree-Law no. 63/85, of March 14, as amended by Decree-Law no. 100/2017, of August 23), its use will only be authorized for private purposes, without prejudice to more restrictive provisions contained in the aforementioned law. Any total or partial reproduction or representation of the Website or of all or part of the elements included in it is strictly prohibited, under penalty of recourse to the competent legal means against anyone who acts in this way.
The company names, trademarks and any distinctive signs reproduced on the Site are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of these distinctive signs is strictly prohibited.
6.OBLIGATIONS OF CUSTOMERS AND USERS
The Customer and the User undertake to comply with and respect these General Terms and Conditions and, in particular:
- make diligent use of the Site;
- not to attack or illicitly use the Site’s systems, not to access information in restricted and unauthorized areas, not to alter the content of the Site, nor to test and/or evaluate the vulnerability of the system;
- refrain from introducing, storing or disseminating through the Website defamatory, obscene, insulting, xenophobic and/or any other type of content that violates the general principles of law and public order;
- keep secret the access code(s) and user name(s) assigned, in each case, to access the Site or the services.
The User and the Customer shall be liable for any damages of any kind that ARC may suffer as a result of the breach of any of the obligations to which they are subject under the law.
7.PRIVACY AND PERSONAL DATA PROTECTION POLICY
- Privacy
The right to privacy of Users / Customers is a concern of ARC and therefore respect for the privacy rights of all visitors to this Site is guaranteed.
Users may browse the Adega Regional de Colares Online Shop anonymously, without providing any personal information. Visiting the Site does not in itself imply the automatic recording of any personal data that identifies the User/Client.
However, ARC may (i) collect information about behavior on the Website, other than personal information, to improve the navigability of the Website (in accordance with the Privacy Policy). Cookies regulated in Clause 8) and (ii) request the provision of personal data of Users / Customers so that they can use certain content, functionalities or services of the Site (under the terms of this Clause).
- Responsibility for data processing
In compliance with Law no. 67/98 of October 26, as amended by Law no. 103/2015 of August 24, on the Protection of Personal Data, we hereby inform you that the processing of personal data collected on the Website is the responsibility of ARC.
- Data collection and processing
In order to access and use certain features of the Site, namely ordering products online, the User / Customer must first register by creating a personal account, which involves providing some personal data.
The personal data collected will be processed and stored in computerized form by ARC, or by external entities subcontracted by it, for the provision of services and is intended to manage the registration of Users / Customers on the Site and the use of the Adega Regional de Colares Online Store’s functionalities, namely the processing of Users / Customers’ orders and the delivery of the products requested by them. The data will also be processed in communication with Users/Clients, namely to respond to requests for information and clarification, complaints, as well as comments or suggestions made by Users/Clients. The data will also be used for statistical analysis and for the purposes of direct marketing and publicizing ARC’s services, for example by sending newsletters.
Thus, depending on the functionality or service desired by the User / Customer, the following personal data may be collected: first name and surname, tax identification number, address, postal code, town, telephone number, cell phone number and e-mail address. In addition, ARC will have access to your purchase history and may, if necessary to confirm payment of the order or resolve any resulting issues, access data relating to financial transactions provided to EuPago – Instituição de Pagamento, Lda.
Non-registered Users/Customers will be able to browse the Site freely and view the products available for order, as well as the others made available by ARC, and may place orders, in which case they will be asked for additional information such as tax identification number and delivery address. They can also subscribe to the Adega Regional de Colares Online Shop newsletter, in which case they will be asked for their e-mail address.
ARC assumes that the data collected has been entered by the data subject and/or that it has been authorized by the data subject, and that the data is true, current and accurate.
The Customer expressly authorizes ARC to send information about products and services that may be of interest to them, using their personal data for direct marketing purposes through any communication channel, namely through the use of e-mail, SMS, MMS or other forms of automatic call.
- Right of access
ARC does not sell, exchange or transfer Users’/Customers’ personal information to third parties.
Without prejudice to the above, Users’/Customers’ personal information may be transferred to external entities subcontracted to provide certain services and technical assistance.
Under the terms of the law, the User / Client is guaranteed, at all times, the right to access, rectify and delete their personal data, as well as the right to object to the processing thereof, directly through their reserved area on the Website or by request addressed to ARC through the contacts referred to in Clause 1.
- Security measures
ARC guarantees the confidentiality and security of the data provided by Users / Customers of the Site.
ARC makes every effort to protect Users’/Customers’ personal data from unauthorized access via the Internet. To this end, it uses security systems, rules and other procedures to guarantee the protection of Users’/Customers’ personal data, as well as to prevent unauthorized access to the data, its improper use, disclosure, loss or destruction.
It is, however, the responsibility of the User / Customer to guarantee and ensure that the computer they are using is adequately protected against harmful software, computer viruses and worms. In addition, you should be aware that without the adoption of appropriate security measures (e.g. secure browser configuration, up-to-date antivirus software, security barrier software and the use of software of dubious origin), the risk of personal data and passwords being accessed by unauthorized third parties is increased.
However, please note that whenever data is collected over open networks, such as the Internet, your data may circulate unsecured, with the risk of it being seen and used by unauthorized third parties.
8.COOKIE POLICY COOKIES
What are cookies?
Cookies are small text files automatically stored on the hard drives of Users’/Customers’ computers or mobile devices when they access certain websites. Cookies identify the browsing program on the server, making it possible to store information on the server in order to improve User/Customer experiences.
The information collected relates to the browsing preferences of Users/Clients, namely the way in which Users/Clients access and use the Site and the area of the country from which they access it, and as such does not include information that identifies them, but merely generic information.
Most browser programs are set to accept cookies, although it is possible to configure the browser to refuse all cookies or to indicate when a cookie is being sent, as described below. Please note, however, that if you refuse cookies some features of the Site may not work properly.
- Why do we use cookies?
In accordance with Law no. 41/2004, of August 18, as amended by Law no. 46/2012, of August 29, this Website may use cookies with the prior express consent of Users/Clients. The Adega Regional de Colares Online Store uses cookies on the Site, as described below.
The cookies collected are used exclusively by ARC, directly or through the external entities it subcontracts.
The use of cookies aims to improve the performance of the Site and maximize your experience when browsing it, namely by allowing faster and more efficient browsing, eliminating the need to repeatedly enter the same information. If you have any questions about the terms of operation of the cookies used by ARC, you can contact us through the contacts mentioned in Clause 1.
- Cookie management
All browsers allow the respective user to accept, refuse or delete cookies, namely by selecting the appropriate settings in the respective browser.
Please note, however, that disabling cookies may partially or totally affect the browsing experience on the Website.
The User/Client can configure cookies in the “options” or “preferences” menu of their browser. Below are the various ways of disabling cookies, depending on the browser:
Cookie settings in Internet Explorer: to disable cookies in Internet Explorer:
- Click on the “Tools” menu and choose “Internet Options”;
- Select the “Privacy” tab;
- Move the bar until you see the words “Block all cookies“.
Cookie settings in Mozila Firefox: to disable cookies in Firefox:
- Click on the “Tools” menu;
- Select “Options”;
- Click on the “Privacy” icon;
- In the “Cookies” section, deactivate the “Accept cookies from websites” option;
- Click “OK” to save the changes and close.
Cookie settings in Chrome: to disable all cookies in Chrome:
- Click on “Settings” in the toolbar;
- Click on “Show advanced settings”;
- In the “Privacy” section, click on “Content Settings”;
- Select the option “Block data settings by websites”
- You can change the following settings in the “Cookies” section:
- Delete cookies;
- Block cookies by default;
- Allow cookies by default;
- Keep cookies and website data by default until you exit the Internet browser;
- Create exceptions for cookies from specific websites or domains;
Cookie settings in Safari Web and iOS: to disable cookies in Safari Web and iOS:
- Click on “Edit”;
- Select “Preferences”;
- In the top panel, select the “Privacy” icon;
- In the “Accept cookies” section, select “Never”.
Other internetbrowsers: please look in the “help” menu of your internet browser or contact your provider.
For more information on cookies, please visit www.allaboutcookies.org (only available in English), where you can find information on how to manage your settings for the various browser providers. If you don’t want your website visits to be detected by Google Analytics, go to https://tools.google.com/dlpage/gaoptout.
9.EXCLUSION OF WARRANTIES AND LIABILITY RELATING TO THE SITE
ARC does not guarantee the availability and continued operation of the Site and services and excludes any liability for damages of any kind that may be due to the lack thereof.
ARC reserves the right to refuse or withdraw access to the Site or services, at any time and without prior notice, on its own initiative or that of a third party, to those Customers and Users who do not comply with these General Conditions and/or the applicable legislation.
10. PLACING AN ORDER ONLINE
To make a purchase from the Adega Regional de Colares Online Shop, the User must place an order by selecting the desired products and adding them to the shopping basket. To finalize the order, the User must register as a Customer, filling in their personal details and selecting a payment method. The Customer must follow all the steps described on the Site in order for the order to be finalized successfully.
Validation of the purchase order presupposes that the Customer has read and expressly accepts these General Conditions. The data recorded by the Adega Regional de Colares Online Shop constitutes proof of all the transactions carried out between ARC and the Customer.
As soon as you complete your purchase, you will receive an automatic email confirming the transaction. If the data is not correct, you can immediately ask for it to be changed.
At the end of the purchase, the user may be directed to a EuPago page to fill in the credit card details or to be given the references for payment by Multibanco or MBway. At the same time you will receive an automatic e-mail confirming your transaction or request for payment by ATM reference or MBway.
11.PRODUCT AVAILABILITY
Items for sale in the Adega Regional de Colares Online Shop are subject to existing stock and orders will be processed on a first-come, first-served basis.
In the event of a temporary or permanent stock shortage, the Customer will be duly notified and an alternative of products with similar characteristics will be suggested.
12.PRICES AND COMMERCIAL POLICY
Product prices are indicated in € (euros) and include VAT at the legal rate in force.
All prices available in the Adega Regional de Colares Online Shop can be changed without prior notice and are always subject to stock shortages.
Prices and promotions in the Adega Regional de Colares Online Shop are independent of those in the Adega Regional de Colares physical store.
In the event that the information presented does not correspond to the characteristics of the product, the Customer has the right to terminate the purchase contract under the applicable legal terms.
The photographs shown on the website are for illustrative purposes only. We therefore recommend that you take the time to look at the product details to find out more about the characteristics of the items you wish to purchase.
13.SHIPPING AND POSTAGE
We ship to mainland Portugal, EU countries and the UK.
Shipping costs are calculated according to the weight of the products, the destination and the total value of the order. This value is indicated in the shopping cart before the final validation of the order, and the User must select where they want the products to be sent.
Shipments to non-EU countries may be possible. Additional customs duties may apply. In these cases, the Customer should contact us through the contacts indicated above in Clause 1.
You can also choose to pick up the products at ARC’s physical store, at the address mentioned in Clause 1, during its opening hours, free of charge.
14.PAYMENT METHOD
ARC offers the Customer the following payment methods:
– Bank transfer
– Multibanco reference (only available in Portugal), MbWay (only available in Portugal) and credit card payment (3D Secure). These means are made available through our partner EuPago – Instituição de Pagamento, Lda.
After receiving the order details, if the Customer chooses to pay by bank transfer or ATM, they have 48 (forty-eight) hours to make the payment. If you do not do so within this period, the order will be canceled.
When opting for payment by ATM, the Customer will receive an e-mail with the details to make the payment at an ATM or Homebanking service.
When choosing to pay by MbWay, the Customer must enter the telephone number associated with their Mbway account and confirm the payment on their device.
Payment by credit card uses 3D Secure technology, which allows payments to be made more securely, ensuring that it is the cardholder who is making the payment. At the time of payment, an SMS is sent to the contact associated with the cardholder with a numeric code. This code is for single use only and must be entered at the time of payment in order to validate its authenticity. Along with the code, data is sent about the transaction being carried out, such as the merchant and the amount of the payment.
If the customer chooses to pay by 3D Secure credit card, an additional fee of 2.25% of the purchase price will be charged, calculated in the shopping cart.
Payment by 3D Secure credit card is not available in the following countries: Bulgaria, Croatia, Denmark, Hungary, Czech Republic and Romania.
ARC authorizes its partner EuPago to intermediate payments received in the form of Multibanco Reference, Mbway and Credit Card.
For payments using a credit or debit card, all details (such as the card number, expiry date or security code) will be sent by Encrypted Protocol to the company that provides remote electronic payment services, EuPago, without third parties being able to access the information transmitted. This information will not be used by ARC, except to carry out the necessary operations for purchase or refund, in the case of return in accordance with the exercise of the right of return, or for reporting cases of fraud to the police.
The payment method defined as cash on delivery or collection is not available in the Adega Regional de Colares Online Shop.
ARC will use its best efforts to guarantee maximum confidentiality and security for data transmitted via the Internet.
15.DELIVERY
Orders will only be shipped after confirmation of stock and payment.
Orders will be delivered to the address indicated by the Customer and in accordance with the carrier’s delivery times.
Home deliveries cannot be made to PO boxes. Parcels can be delivered abroad as long as the address falls within the carrier’s delivery area.
ARC undertakes to deliver the items ordered as soon as possible. The indicative deadline is 48 hours for mainland Portugal.
All orders dispatched by ARC must be examined by the customer upon receipt. If any irregularity or damage to the product is detected, the Customer must return it to the carrier, justify the reason for the return on the delivery note and inform ARC immediately.
16.RETURNS AND REFUNDS POLICY
The Customer may exercise the right of withdrawal under the terms legally provided for and indicated below, namely in Decree-Law no. 24/2014, of February 14, as amended by Law no. 47/2014, of July 28.
The Customer may exchange or return (terminate the contract) the product(s) within 14 (fourteen) calendar days of receipt, without having to state the reason and without payment of compensation.
The period of 14 (fourteen) days starts from the day after the day: (i) in which the Customer or a third party indicated by the Customer, other than the carrier, acquires physical possession of the product(s) or in the event that (ii) where the Customer or a third party indicated by the Customer, other than the carrier, acquires physical possession of the last product when the Customer has ordered several goods in a single order and the goods are delivered separately.
In order to exercise their right of withdrawal, the Customer must communicate their decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email), to the contact details indicated above in Clause 1.
In order for the withdrawal period to be respected, it is sufficient for the communication regarding the exercise of the right of withdrawal to be sent to the ARC before the withdrawal period expires.
The Customer must return the product(s) without undue delay and no later than 14 (fourteen) days from the day on which the Customer informed ARC of the free termination of the contract, which shall be deemed to have been complied with if the Customer returns the goods before the expiry of this 14 (fourteen) day period.
The costs of returning the goods will be borne entirely by the Customer, except in cases where ARC is responsible for the return.
Upon return, the product(s) (including the packaging accompanying the product(s), labels and back labels) must remain intact; otherwise, the return will be void.
Once the product(s) have been received at ARC’s premises and the condition of the product(s) has been validated, the Customer will be reimbursed for all payments made, including delivery costs (with the exception of additional costs resulting from the Customer’s choice of a shipping method other than the least expensive standard shipping method offered by us).
The refund will be made by the same means of payment used by the Customer in the initial transaction or by bank transfer to the IBAN to be indicated by the Customer, if the means of payment used does not allow it.
17.CONDITIONS APPLICABLE TO PROMOTIONAL CODES/COUPONS (DISCOUNTS)
When used in accordance with the rules laid down, a promotion code entitles the user to take advantage of a promotion/discount relating to the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.
Promotional codes are personal and non-transferable and can only be used for online purchases made on the site. The sale, exchange or donation of a promotional code is not permitted. The customer holding the promotional code may not upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. Promotional codes may not be used for commercial purposes.
The use of a promotional code is limited to one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.
Promotional codes cannot be exchanged for cash and will not be reissued or refunded.
Without prejudice to any other rights, ARC reserves the right to immediately invalidate the promotional code issued if it suspects that a promotional code is being used in breach of the above-mentioned conditions.
18. VALIDITY OF COMMERCIAL PROMOTIONS OR CAMPAIGNS
Promotional offers or commercial campaigns published on the website are valid only for the time they are displayed on the website and in accordance with the conditions established, unless otherwise stated on the website.
In the event of cancellation of the product purchased as part of commercial campaigns or promotions, you will only be credited or given the amount you actually spent on the purchase of the item you wish to return or exchange.
The conditions for returning orders placed during campaigns/promotions may be altered and are mentioned in a menu created specifically for this purpose.
19. APPLICABLE LEGISLATION AND JURISDICTION
All purchases made on the Site are subject to Portuguese law. Any conflict or divergence of interpretation of the General Conditions shall be submitted to the competent Portuguese court.
If the Customer is outside mainland Portugal, ARC hereby informs the Customer that any legal proceedings must be referred to the Portuguese courts.
These General Conditions were updated on March 10, 2021.
