The purchase of products in e-Commerce at the Online Store of Adega Regional de Colares, C.R.L. 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 owned by Adega Regional de Colares, C.R.L. (“ARC”), having its registered address at Al. Cor. Linhares de Lima, 32, 2705-351 Colares, registered with the Commercial Registry Office of Sintra under the single registration and taxpayer number 500968110.
To clarify any doubts, request additional information or send suggestions, please do not hesitate to contact us through any of the following means
- Email: geral@arcolares.com
- Phone: +351 219 291 210
- Letter: Al. Cor. Linhares de Lima, 32, 2705-351 Colares
2.OBJECT AND SCOPE OF APPLICATION
The purpose of these General Conditions is to define the conditions of use and contracting through the Site.
These General Conditions apply to visitors to the Site (“Users”) and to any transactions of a commercial nature carried out through the Adega Regional de Colares Online Store with consumers (“Clients”).
Browsing the Site, as well as purchasing any product in the Adega Regional de Colares Online Store, implies the acceptance of these General Conditions by the User/Client.
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 alter, add to or revoke these General Conditions, in part or in full. Any changes will be immediately disclosed on this same online page, so it is advisable to regularly consult this page to keep up to date.
3.CONDITIONS OF ACCESS AND USE OF THE SITE
Access to the Adega Regional de Colares online store is free of charge and does not require prior subscription or registration by the User.
Alcoholic beverages available for sale at the Adega Regional de Colares online store may only be purchased by individuals who are of legal age in their country of residence (18 years old in Portugal) and who do not have any legal impediment and/or restriction preventing them from purchasing alcoholic beverages.
4.INFORMATION ABOUT CONTENTS
It is expressly prohibited to copy, reproduce, modify, display, transmit or disclose any type of content available on the Site for 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 catalogue of the Online Store Adega Regional de Colares.
The use of the Site for abusive purposes, and without prior authorisation, is liable to recourse to the competent legal means by ARC.
All contractual information is written in Portuguese, as is the information on the articles, email communications and formalisation of the sale.
This Site may include links to sites operated by third parties. These links are provided solely for the User/Customer’s convenience. ARC is not responsible for the content of any such third-party sites, in particular for the quality, veracity and currency of the statements included therein. Access by the User/Customer to any of these third-party sites is conducted at his sole risk.
5.INTELLECTUAL AND INDUSTRIAL PROPERTY
All elements existing in this site, namely text, images, illustrations, graphics, files, layout, structure, among others, are protected by the legal provisions relating to intellectual property and, in particular, by the scope of protection of Copyright.
The said elements may not therefore be copied for commercial use or distribution, nor may they be modified or forwarded to other sites without ARC’s prior authorisation. This Site may also contain images that constitute the intellectual property of third parties, who are also subject to the legal provisions applicable to the protection of copyright and intellectual property.
All elements existing on the Site, namely text, images, illustrations, graphics, files, layout, structure, among others, are duly protected by the legal provisions relating to intellectual property and, in particular, by the scope of protection of copyright. Thus, 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 diploma. Any total or partial reproduction or representation of the Site or of all or part of the elements included in it is strictly prohibited, under penalty of recourse to the competent legal means against those who act in this way.
The corporate names, brands, as well as 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 CLIENTS AND USERS
The Client and the User undertake to comply with and respect these General Conditions and, in particular:
- make diligent use of the Site;
- not attack or illicitly use the systems of the Site, not access information in restricted and unauthorized areas, not alter the content of the Site, and not test and/or assess the vulnerability of the system;
- refrain from introducing, storing or disseminating through the Site defamatory, obscene, offensive, xenophobic and/or any other content that violates the general principles of law and order;
- keep secret the access code(s) and user name(s) assigned, in each case, to access the Site or services.
The User and the Client shall be liable for any damages and losses of any nature that ARC may suffer as a consequence of the breach of any of the obligations to which they are subject under the law.
7.PRIVACY POLICY AND PERSONAL DATA PROTECTION
- Privacy
The right to privacy of Users/Clients 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 Store anonymously, without providing any personal information. Visiting the Site, in itself, does not imply the automatic registration of any personal data that identifies the User/Client.
However, ARC may (i) collect information about behaviour on the Site, which is not of a personal nature, in order to improve the navigability of the Site (in accordance with the Cookies Policy set out in Clause 8) and (ii) request that the personal data of Users/Clients be made available so that they can use certain contents, functionalities or services of the Site (under the terms of this Clause).
- Responsibility for Data Processing
In compliance with Law No. 67/98 of 26 October, as amended by Law No. 103/2015 of 24 August, on the Protection of Personal Data, we inform you that the processing of personal data collected on the Site is the responsibility of ARC.
- Collection and processing of data
In order to access and use certain features of the Site, in particular the ordering of products online, the User/Customer must first register by creating a personal account, which implies the provision of certain personal data.
The personal data collected will be processed and stored by ARC, or by external entities subcontracted by the latter, for the provision of services and are intended to manage the registration of Users/Clients on the Site and the use of the features of the Adega Regional de Colares Online Store, namely the processing of orders by Users/Clients and the delivery of 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 dissemination of ARC 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, zip code, town, telephone number, cell phone number and e-mail. Additionally, ARC will have access to your purchase history and may, if necessary, to confirm payment of the order or resolve any questions arising therefrom, access data relating to financial transactions, supplied to the entity EuPago – Instituição de Pagamento, Lda .
Unregistered Users/Customers may browse freely on the Site and view the products available for order, as well as others made available by ARC, and may place orders, in which case additional information will be requested such as tax identification number and delivery address. They may also subscribe to the newsletter of the Adega Regional de Colares online store, in which case they will be asked for their e-mail address.
ARC assumes that the data collected has been entered by the respective holder and/or that its insertion has been authorised by the same, and that the data is true, current and accurate.
The Customer expressly authorises ARC to send information on products and services that may be of interest to him/her, using his/her personal data for direct marketing purposes through any communication channel, namely through the use of email, SMS, MMS or other forms of automatic call.
- Right of access
ARC does not sell, exchange or transfer the personal information of Users/Clients to third parties.
Without prejudice to the above, the personal information of Users/Clients may be transferred to external subcontractors to provide certain services and technical assistance.
Under the terms provided for by law, Users/Customers are guaranteed the right to access, rectify and delete their personal data at any time, as well as the right to oppose the processing thereof, directly through their reserved area on the Site or by means of a request addressed to ARC through the contacts referred to in Clause 1.
- Security measures
ARC guarantees the confidentiality and security of data provided by Users/Clients of the Site.
ARC makes its best efforts to protect the personal data of Users/Clients against unauthorised access through the Internet. To this end, it uses security systems, rules and other procedures to ensure the protection of the personal data of Users/Clients, as well as to prevent unauthorised access to the data, improper use, disclosure, loss or destruction.
It is, however, the responsibility of the User/Client to guarantee and ensure that the computer he/she is using is adequately protected against harmful software, computer viruses and worms. Additionally, you should be aware that, without the adoption of adequate security measures (for example, the safe configuration of the browser, updated antivirus software, security barrier software and the use of software of doubtful origin), the risk of personal data and passwords being accessed by third parties without authorization to do so 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 being viewed and used by unauthorized third parties.
8.COOKIE POLICY
What are cookies?
Cookies are small text files automatically stored on the hard drives of the computers or mobile devices of Users/Clients when they access certain sites. Cookies identify the browser program on the server, enabling the storage of information on the server in order to improve User/Customer experiences.
The information collected relates to the browsing preferences of the Users/Clients, namely how the Users/Clients access and use the Site and the part of the country through which they access it, not including, as such, information that identifies them, but merely generic information.
Most browsers are set up to accept cookies, although it is possible to set 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 function properly.
- Why do we use cookies?
In accordance with Law No. 41/2004, of 18 August, as amended by Law No. 46/2012, of 29 August, this Site may resort to the use of cookies upon prior and 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 external entities subcontracted by it.
The use of cookies aims to improve the performance of the Site and maximize your experience when browsing it, in particular by allowing faster and more efficient browsing, eliminating the need to repeatedly enter the same information. Should you have any queries regarding the terms of operation of the cookies used by ARC, you may contact us using the contacts referred to in Clause 1.
- Cookie management
All browsers allow their users to accept, reject or delete cookies, in particular by selecting the appropriate settings in their browser.
Please note, however, that disabling cookies may partially or totally affect the browsing experience on the Website.
The User/Customer can configure the cookies in the “options” or “preferences” menu of his/her browser. Below are the various ways to disable cookies, depending on the browser:
Cookie settings in Internet Explorer: to disable cookies in Internet Explorer:
- Click on the “Tools” menu and choose the “Internet Options” option;
- Select the “Privacy” tab;
- Move the slider until the phrase “Block all cookies” appears.
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, disable the “Accept cookies from sites” option;
- Click “OK” to save changes and close.
Cookie settings in Chrome: To disable all cookies in Chrome:
- Click “Settings” on the toolbar;
- Click “Show advanced settings;
- In the “Privacy” section, click “Content Settings”;
- Select the “Block data settings from websites” option
- 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;
- Make exceptions for cookies from specific websites or domains;
Cookie Settings in Safari Web and iOS: to disable cookies in Safari Web and iOS:
- Click “Edit”;
- Select “Preferences”;
- In the top panel, select the “Privacy” icon;
- In the “Accept cookies” section, select “Never”.
Other internet browsers (browser): please look in the “help” menu of your internet browser or contact your provider.
For more information about cookies, please visit www.allaboutcookies.org, where you can find information on how to manage your settings for the various browser vendors. If you do not want your website visits to be detected by Google Analytics, go to https://tools.google.com/dlpage/gaoptout.
9.EXCLUSION OF GUARANTEES AND LIABILITY RELATING TO THE SITE
ARC does not guarantee the availability and continued operation of the Site and the services and excludes all liability for damages of any nature that may arise from their absence.
ARC reserves the right to refuse or withdraw access to the Site or the services, at any time and without the need for 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 applicable legislation.
10.MAKING THE ONLINE ORDER
To make a purchase at the Adega Regional de Colares online store, the user must place his 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 his personal details and selecting a payment method. The Customer should follow all the steps described on the Site for the order to be successfully completed.
Validation of the purchase order assumes that the Customer has taken note of and expressly accepts these General Conditions. The data recorded by the Adega Regional de Colares online store are proof of all transactions carried out between ARC and the Customer.
Once your purchase is complete, the Customer will receive an automatic email confirming the transaction. Should the data not be correct, the Customer may immediately request that it be changed.
At the end of the purchase, the user may be forwarded to a EuPago page to fill in the credit card details or to be given the references for payment by Multibanco/ATM or MBway (available in Portugal). Simultaneously you will receive an automatic email confirming your transaction or payment request by ATM or MBway reference.
11.PRODUCT AVAILABILITY
Items for sale in the Adega Regional de Colares online store are subject to existing stock and orders will be processed on a first-come, first-served basis.
In case of stock rupture, temporary or definitive, the Customer will be duly notified and will be suggested an alternative of products with similar characteristics.
12.PRICES AND COMMERCIAL POLICY
Product prices are indicated in euros (€) and include VAT at the legal rate in force.
All prices available at the Adega Regional de Colares online store may be altered without prior notice and are always subject to stock rupture.
Prices and promotions offered in the Adega Regional de Colares online store are independent of those applied in the physical Adega Regional de Colares store.
Should the information presented not correspond to the characteristics of the product, the Customer is entitled to rescind the purchase and sale contract under the terms of the applicable law.
The photographs presented on the website are merely illustrative. Therefore, we recommend that the Customer take a long look at the product details to obtain better information about the respective characteristics of the items he intends to purchase.
13.SHIPPING AND POSTAGE
We ship to Continental Portugal, EU countries and the United Kingdom.
The value of shipping costs is 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 you 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 consult us through the contacts indicated above in Clause 1.
You may also choose to pick up the products at the ARC physical store, at the address mentioned in Clause 1, during its opening hours, without associated costs.
14.METHOD OF PAYMENT
ARC offers the Customer the following methods of payment:
– Bank Transfer
– Multibanco reference (only available in Portugal), MbWay (only available in Portugal) and payment by credit card (3D Secure). These means are available through our partner EuPago – Instituição de Pagamento, Lda.
After receiving the order data, if the Customer chooses to pay via bank transfer or Multibanco reference, he has 48 (forty-eight) hours to make the payment. If the payment is not made within this period, the order will be cancelled.
If the pay by Multibanco reference is chosen, 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 contact 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 with greater security, ensuring that it is the cardholder who is making the payment. At the moment of payment, an SMS is sent to the contact associated with the cardholder, with a numerical code. This code is for single use only and must be introduced at the time of payment in order to validate its authenticity. Together with the code, data is sent about the operation that is being performed namely the merchant and the amount of the payment.
In case the customer chooses to pay by 3D Secure credit card an additional fee of 2.25% of the purchase amount will be charged, calculated in the shopping cart.
Payment by 3D Secure credit card is not available for purchases in the following countries: Bulgaria, Croatia, Denmark, Hungary, Czech Republic and Romania.
When paying by credit or debit card, all details (such as card number, expiration date or security code) will be sent by Encrypted Protocol to the company that provides the remote electronic payment services, EuPago, without any third-party having access to the information transmitted. This information will not be used by ARC, except to carry out the necessary operations for purchase or refund, in case of return in accordance with the exercise of the right of return, or for reporting cases of fraud to the police.
ARC authorizes its partner EuPago to intermediate payments received in the Multibanco Reference, Mbway and Credit Card methods.
The payment method defined as Cash on Delivery or COD is not available at the Adega Regional de Colares Online Store.
ARC will use its best efforts to ensure maximum confidentiality and security of data transmitted over 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 according to the delivery schedule of the carrier.
Home delivery cannot be made to PO Boxes. Orders may be delivered abroad provided that the address is within the carrier’s delivery area and is included in the list of countries depicted in the drop-down menu of the shopping cart.
ARC undertakes to deliver ordered items as soon as possible. The indicative timeframe is 48 hours for mainland Portugal.
All orders shipped by ARC must be examined by the customer on receipt. If any irregularity or damage is detected in the product, 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 free resolution 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 (contract resolution) the product(s) within 14 (fourteen) calendar days from the date of receipt, without need to state the reason and without payment of compensation.
The period of fourteen (14) days shall start from the day following the day: (i) in which the Customer or a third party appointed by it, other than the carrier, acquires physical possession of the product(s) or in the case (ii) in which the Customer or a third party appointed by it, 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 his right of free withdrawal, the Customer shall communicate his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail) to the contacts indicated above in Clause 1.
For the period of free withdrawal to be respected, it is sufficient for the communication concerning the exercise of the right of free withdrawal to be sent to ARC before the expiry of the withdrawal period.
The Customer must return the product(s) without undue delay and no later than 14 (fourteen) days from the day on which it informed ARC of the free withdrawal from the contract, this period being deemed to have been respected if the Customer returns the goods before the expiry of that 14 (fourteen) day period.
The costs of returning the goods shall be borne in full by the Customer, with the exception of 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 after validation of their condition, you will be reimbursed for 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 normal 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 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 established rules, a promotional code entitles the user to take advantage of a promotion/discount on 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 on online purchases made on the site. It is not permitted to sell, exchange or give away a promotional code. The customer holding the promotional code may not upload or make available a promotional code on any website or other public offer, donation, sale or exchange. Use of promotional codes for commercial purposes is not permitted.
The use of a promotional code is limited to one use per product 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 re-issued 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 violation of the above conditions.
18. VALIDITY OF PROMOTIONS OR COMMERCIAL CAMPAIGNS
Promotional offers or commercial campaigns posted on the site are valid only for the moment in which they are displayed on the site and in accordance with the conditions established, unless otherwise communicated on the site.
In case of cancellation of the product purchased under commercial campaigns or promotions, you will be credited or delivered only the amount you actually spent on the purchase of the item you wish to return or exchange.
The conditions for returning orders placed during campaign/promotion periods may be changed, being mentioned in a menu created specifically for that purpose.
19.APPLICABLE LEGISLATION AND COMPETENT COURT
All purchases made on the Site are subject to Portuguese law. Any conflict or divergence of interpretation of the General Conditions will be submitted to the competent Portuguese court.
Should the Customer be located outside mainland Portugal, ARC hereby informs you that any legal proceedings must be referred to the Portuguese courts.
These General Conditions were updated on March 10, 2021.