Terms of Service and Privacy Notice

Preamble

www.portovintage.com website (hereafter referred to as “website”) is published by VINHOS E SABORES LDA (hereafter referred to as “company” or as “we”), whose capital is 25.000 Euros and it is based at Carlos Mayer Street, 6A in LISBOA (1700-102).

The company is named in the Trade and Companies register of Lisbon under the number 6042.

VAT ID number is 503460931. The director of the publication of the website is Mr. João Pulido.

Website hosted by OVH - Via Leopoldo Cicognara, 7 - 20129, Milano - Italia

The company VINHOS E SABORES LDA. provides wines and gastronomic specialties from Portugal. 

VINHOS E SABORES LDA. operates this website which offers it’s Customers, subscription services for the monthly delivery of wine bottles carefully chosen by a Selection Committee.

In addition to subscription plans, WWW.PORTOVINTAGE.PT website offers the possibility to order selected Port wines within an additional amount.

Access to and uses of these services are governed by these Terms of Service.

The company defines:

• Website: PORTOVINTAGE.PT website (which includes the following domains: .be, .ch, .co, .uh, .de, .es, .fr, .nl, .pt, .uk, .lu)

• Visitor (s): anyone browsing PORTOVINTAGE.PT

• Costumer (s): anyone who has subscribed to PORTOVINTAGE.PT and / or has placed at least one order

• Producer (s): wine producers or other products selected by PORTOVINTAGE.PT

The website is only for private consumers and any Costumers who recognize to order or to subscribe in this quality. We preserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The sale of alcohol to minors is prohibited. Any Costumer of PORTOVINTAGE.PT website is committed to having the legal capacity and legal age required (18 years and the ability to conclude a contract) on the date of subscription. In addition, the Costumer has also read and agreed to these Terms of Service.

Alcohol abuse is dangerous for health. Consume with moderation.

 1. PURPOSE

These Terms of Service are intended to define the conditions under which PORTOVINTAGE.PT makes available to Visitors and Costumers the following services detailed.

These Terms of Service apply to any visitor and / or Costumer of the website. The products and services of PORTOVINTAGE.PT are available for Belgium, mainland France, (excluding Corsica and Monaco), Spain and Portugal. Subscriptions and orders that do not comply with this geographical condition cannot be taken into consideration.

By visiting our website and/ or joining one of our subscription plans, the costumer engages in our “Service” and agrees to be bound by the following terms and conditions (“Terms of Service”). The confirmation of the subscription or placing of an order on the site, by clicking on the button "to confirm and submit" implies full and complete acceptance of the present Terms of Service. In case of disagreement with the clauses set out below, we advise you not to use this site.

PORTOVINTAGE.PT does not guarantee access to the site permanently. Access to the website may be interrupted for maintenance, updating, or for any other technical reason. The company is in no way responsible for these technical and temporary interruptions and the consequences or inconvenience that may result from the Visitors and Costumers.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

The Terms of Service applicable are those available on the website on the date of subscription and / or placing order. PORTOVINTAGE.PT reserves the right to adapt or amend the Terms of Service, bearing in mind that such changes will only be applicable to subscriptions or orders made after the date of their entry into force as they are given on the website.

By accepting these Terms of Service at the moment of the subscription to one of the selection plans, the Costumer authorizes PORTOVINTAGE.PT future contacts by phone, SMS or e-mail. These contacts may include promotional offers and additional information from PORTOVINTAGE.PT partners. For unsubscribe, any Costumer should send an email to the address bonjour@PORTOVINTAGE.PT.

These Terms of Service are regulated according to Portuguese Law.

If one or more provisions of these conditions are held to be invalid or declared as such in accordance with a law, regulation or as a result of a final decision of a court, the other provisions shall remain in full force and scope.

 2. SUBSCRIPTIONS AND ORDERS

The company offers PORTOVINTAGE.PT Visitors the possibility to subscribe the website to benefit from the following services:

• The reception of one or more boxes per month of two (2) bottles of Port wine (the number of boxes will be chosen by the Costumer according to the subscription plans presented on the website PORTOVINTAGE.PT);

• Access to information allowing Customers to discover a great number of Port wines;

The subscription is established for a minimum of one (1) month and renewed by tacit agreement every month.

At the beginning of each month, Costumers are informed by email about the Port wines chosen for each plan (Discovery Selection, Private Selection and Secret Selection). Costumers have 5 days to decide if they want increase, decrease or accept the selection. After this 5 day period, PORTOVINTAGE.PT debits the value of the subscription plus shipping and then ships the bottles (box) in the following working day.

If the Costumer pretends to accept our choices of the month, he / she doesn’t need do to anything. All subscriptions consider the monthly delivery except in these two situations:

1)      If the Costumer wants more bottles (boxes) than the previous plan, he / she should send an e-mail to bonjour@PORTOVINTAGE.PT. His / Her usual order will be completed according the stock availability.

2)      If the Costumer does not want to receive the subscription of the month, he / she must call our Customer Service to cancel the shipment (before the end of the period of 5 days).

At any time, Costumers may cancel their subscription after a minimum period of one (1) month. Customers who wish to terminate their subscription must call Customer Service before the first (1st) of the current month.

The telephone number of the Customer Service is communicated to all Members at the time of their membership.

After the subscription, Costumers will receive their order by PORTOVINTAGE.PT approximately 15 days after placing the order. In the following months, bottles (box) will be received in the middle of each month.

At any time, Costumers can modify their subscription to take advantage of another subscription plan offered by PORTOVINTAGE.PT. For changes to take effect in the current month, Costumers have to call PORTOVINTAGE.PT Customer Service before the first (1st) of the current month. Failing this, the amendments shall take effect in the following month.

PORTOVINTAGE.PT offers the possibility of ordering additional quantities. These additional orders are subject to stock availability. For this, Customers should call to our Customer Service or send an e-mail to bonjour@PORTOVINTAGE.PT.

Orders will be sent upon delivery to the address indicated at the time of purchase and the Costumer will receive a confirmation e-mail sent by PORTOVINTAGE.PT to the e-mail address communicated at the moment of subscription.

The Costumer's personal data is used solely for processing and shipping his order and for the contacts that may be necessary for this effect. It is Costumer's responsibility to verify all the information given to PORTOVINTAGE.PT, such as personal data, delivery method, subscription formulary, product ordered, place of delivery, billing address, etc.

The Costumer undertakes to fill out the ordering form accurately as well as to provide the payment details requested by PORTOVINTAGE.PT (see article 5). In this case, PORTOVINTAGE.PT cannot be held liable for data entry errors or the consequences there of.

PORTOVINTAGE.PT reserves the right to refuse any non-compliant order, as well as any order from a Costumer who has not fully paid a previous order or with who any dispute would be in progress.

PORTOVINTAGE.PT reserves the right to limit the quantities of traded products. All descriptions of products or product pricing are a subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue a product at any time. An offer for any product or service made on this site is void where prohibited. 

3. STOCK AVAILABILITY

Product offers are valid as long as they are visible on the website. All products are subject to stock availability and may be withdrawn at any time.

PORTOVINTAGE.PT will make the best effort to ensure that orders and / or subscriptions can be honored. 

Nevertheless, as an intermediate platform and having no own stock, PORTOVINTAGE.PT cannot be held responsible for any temporary out of stock resulting in a delay in the delivery.

In the event of permanent stock unavailability of one or more products ordered, PORTOVINTAGE.PT undertakes to inform the Costumer as soon as possible. The Costumer may request the replacement for another Port wine with equivalent quality and price. Alternatively, Costumer may request reimbursement of the amount debited to his account. Payout delay will occur within a period of thirty (30) days from the reimbursement request. In case of product replacement, the assessment of the equivalent quality remains at the sole responsibility of PORTOVINTAGE.PT.

PORTOVINTAGE.PT reserves the right to limit the order quantity and to refuse or cancel orders above the limit due considering the speculative nature of products and in order to allow the greatest number to benefit all products traded by PORTOVINTAGE.PT.

4. PRICES

The prices indicated are in Euro.

Subscription plans and product prices are visible on PORTOVINTAGE.PT website. The prices include the value-added tax (VAT) and the excise tax on alcohol at the date of the order. Although, doesn’t include shipping and packing costs. These are shown separately and added to the monthly subscription amount or product order amount. The total price of the subscription or the total price of the order is the one indicated during the validation step before the conclusion of the process, which is, before the "second click" of confirmation, according to the current regulations.

Prices do not include shipping costs but include Value Added Tax (VAT) and duties on alcoholic beverages in Belgium, mainland France (which excludes Corsica and Monaco), Spain and Portugal.

To any other countries than those mentioned above, our deliveries may be susceptible to taxes and customs duties that are imposed by the destination country. These customs duties and any taxes related to the delivery of the products are responsibility of the recipient. PORTOVINTAGE.PT is not obliged to check and inform the recipient of the applicable customs duties and taxes. To know them, PORTOVINTAGE.PT advises to inquire with the competent authorities of the country concerned.

5. PAYMENT AND SECURITY

The first month of subscription is paid by credit card on the day you subscribe. PORTOVINTAGE.PT only accepts VISA, MASTERCARD and AMERICAN EXPRESS cards. The second month of subscription and the following months are taken from the Costumer's credit card by the seventh day (7) of the month, after the 5 day period has elapsed following the email sent by PORTOVINTAGE.PT (see Article 2 above). An invoice is issued each month by PORTOVINTAGE.PT and sent with the box.

In order to optimize the security of transactions, all payments made by credit card on the PORTOVINTAGE.PT website are made via the secure online payment system named "GO DADDY" which encrypts all order data (including names, addresses and credit card numbers) so that the information provided is protected during the transmission.

In accordance with the regulations, the bank details provided by costumers to PORTOVINTAGE.PT will be kept exclusively for billing purposes and Costumer contact management, for a maximum of ten years, in accordance with the Authorization of Exemption nº3 / 99 of the National Commission for Data Protection, which the Costumer expressly accepts.

On the expiry date of credit card, or in case of cancellation, your subscription plan will be cancelled. To continue the subscription, it is then enough to modify directly all bank details in the heading "My account" of the website.

The costumer acknowledges the validity and probative force of the electronic exchanges and recordings maintained by PORTOVINTAGE.PT and also acknowledges that these elements receive the same probative force as a handwritten document under Decree-Law No. 290-D / 99 , from August 2nd, 1999.

  6. SHIPPING AND DELIVERY

The bottles are shipped and delivered by partners selected by PORTOVINTAGE.PT. International shipping is coordinated by Logistic Operator GLS.

In the first month of subscription, Costumers will receive the bottles (box) approximately 15 days after the subscription. In the following months the Costumer will receive the selected bottles in the middle of the month.

PORTOVINTAGE.PT reserves the right to modify its shipping policy to improve the quality of Costumer service.

PORTOVINTAGE.PT will do its best efforts to ensure that deliveries are received by Costumers no later than twenty-five (25) of each month.

The products are delivered at the indicated address according to the subscription plan chosen by the Costumer during his / her registration, at the indicated address. If all or part of the address or information necessary for delivery provided by the Costumer is incorrect, forcing the carrier to return the products, it will be Costumer’s responsibility to bear the costs and consequences. From the moment on the Costumer signs the receipt of the goods, he /she recognizes that it has been delivered in perfect condition.

 7. CONFORMITY

The Costumer is required to carefully check the condition and conformity of the shipped products during delivery. He / She can either accept the order if it seems to him / her to be in conformity, or refuse the order if it is obviously not in conformity (bottles stained or broken) by following the procedure provided below.

In case of refusal of an order by the Costumer at the time of the delivery or return due to an alteration of the quality of the product or products found at the tasting, it will be responsibility of the Costumer to inform PORTOVINTAGE.PT by mail or e-mail at the following addresses:

Address - PORTOVINTAGE.PT | Rua Carlos Mayer 6ª, 1700-102 Lisboa | Portugal

E-mail – bonjour@PORTOVINTAGE.PT

Costumers must clearly indicate the specific reasons for the return or refusal of an order.

Within a period of thirty days (1 month) from the date of delivery, if you realize an obvious alteration of the quality of the wines, you may return the product to PORTOVINTAGE.PT. Products must be returned in their packaging and in their original condition.

For this purpose, we only will consider bottle returns with a level greater than three quarters (3/4) of their initial filling. The order number and Costumer details should be clearly marked on the shipping package.

PORTOVINTAGE.PT will then do its best near to the producer replace the product(s).

In case that the replacement of the product(s) proves to be impossible, PORTOVINTAGE.PT can propose a refund value in products (includes the amount of the monthly subscription or amount of the order, proportion of rejected products, and optionally including return costs incurred by the Costumer on receipt).

Regarding to the responsibility of defective products, Costumers are expressly aware that PORTOVINTAGE.PT is an intermediate platform and it isn’t the producer of the products presented as part of the services offered on its website, within the meaning of articles 914º and 915º of the Portuguese Civil Code.

Also, in case of damage caused to a person or to a good by a product defect, Costumers may request responsibilities to the producer. The products distributed by PORTOVINTAGE.PT follow the producer's guarantee scheme. The fact that the Costumer issues a claim does not release him from his /her payment obligations.

In addition, PORTOVINTAGE.PT cannot be held liable for the photos that illustrate the products presented on the website.

PORTOVINTAGE.PT as a third party cannot be held liable for the content of the WWW.PORTOVINTAGE.PT partner websites. In the same way, it cannot be held liable in the event of a conflict between the Costumer and a partner site, or brand, or winemaker.

8. RIGHT OF WITHDRAWAL

In accordance with the Article 10 of Decree-Law No. 24/2014, of February 14, , the Costumer has a period of fourteen (14) business days, from the receipt of the ordered product (s) or the beginning of the subscription plan, to retract and return any product that does not suit him, in the following terms.

The refund shall be made as soon as possible, at the latest within thirty (30) days from the exercise of the right of withdrawal.

The product (s) must be returned in its / their packaging and original condition (unopened bottles, caps and labels not damaged). The order number and the Costumer's contact details must be clearly marked on the shipping package.

In order to facilitate repayments and improve the quality of its services and partnerships, PORTOVINTAGE.PT invites its Costumers to inform of its withdrawal and the return of the product(s) by sending them a mail or e-mail in accordance with the procedure provided for in Article 7 of these Terms of Service and indicating the reasons for the withdrawal.

 

9. PERSONAL DATA

Costumers are informed that the personal information and data requested are necessary for the subscription management and/ or order and trade relations with PORTOVINTAGE.PT.

All the information and data are stored to enable PORTOVINTAGE.PT to ensure the successful orders conclusion, to improve the quality of services, to better meet the expectations of the Costumer and to customize the services offered and addressed information. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory requirements.

This information is intended for use by PORTOVINTAGE.PT and may be processed by service providers acting on behalf of PORTOVINTAGE.PT.

In accordance with Law No. 67/98 of 26 October 1998 (Law on the protection of personal data), you may have at any time the right of access, opposition, rectification and removal of personal data about you from PORTOVINTAGE.PT.

To do this, simply request it by mail or e-mail at the following addresses:

PORTOVINTAGE.PT, Rua Carlos Mayer 6ª, 1700-102 Lisboa, Portugal

bonjour@PORTOVINTAGE.PT

Login credentials provided by PORTOVINTAGE.PT are personal and non-transferable. It is your responsibility to prevent access to the website by third parties who use the connection data of a Costumer.

You can unsubscribe at any time by writing to the addresses above.

 10. COOKIES

PORTOVINTAGE.PT reserves the right to use cookies for the following purposes: for website customization, traffic analysis, statistics, and also to be particularly attentive to the user’s needs (Costumers and Visitors).

A cookie is a small block of data sent to your browser by a Web server and stored on the hard disk of the Visitor's or Costumer's computer. PORTOVINTAGE.PT website cookies do not contain personally identifiable information about the visitor or the Costumer, and are designed to be used only by PORTOVINTAGE.PT.

At any time, the Visitors or Costumers may object to the registration of these "cookies" by configuring their computer or by modifying the parameters of their browser. Visitors and Costumers are informed that by refusing cookies, the use of the website and the services offered may be limited.

 

11. INTELLECTUAL PROPERTY

All contents of the website (including, but not limited to, databases, images, drawings, graphics, text, audio, video and software files) are property of VINHOS E SABORES LDA. and are protected by the national and international regulations relating to intellectual and industrial property. All rights reserved.

The domain name, trademarks, signs, distinctive signs or logos appearing on the website are property of the Company.

All content, in whole or in part, that appears or is available on the website (including without limitation: data, information, texts, illustrations, logos, brands, computer graphics, photographs, videos, software and computer programs, databases, etc.), and more generally all or part of the website itself, are protected by copyright and other intellectual property rights.

These Terms of Service do not involve the transfer of any of these intellectual property rights to the benefit of Costumers and / or Visitors. Consequently, the latter formally forbid themselves to reproduce and / or use all or part of the contents that appear or are available on the website and all or part of the website itself. Costumers and Visitors are also prohibited from copying, modifying, altering, translating, reproducing, distributing, selling, and publishing, exploiting or disseminating in any way and in any form these referred elements.

Violation of these provisions subjects the offender and any other person liable to criminal and civil penalties provided by law.

PORTOVINTAGE.PT grants Visitors and Costumers a limited license to access and use the website, for exclusively private and personal, non-collective and non-exclusive use. Under no circumstances, Visitors and Costumers may be allowed to download or modify all or part of the website without the prior written authorization of PORTOVINTAGE.PT. This license does not allow Visitors and Costumers to make any commercial use of the Website.

If you, Visitor or Costumer, wish to make commercial use of the information contained on the website, you must request a prior written authorization from PORTOVINTAGE.PT, by sending a request to this effect to the following address: bonjour@portovintage.pt

PORTOVINTAGE.PT authorizes, non-exclusively and irrevocably, the creation of hypertext links pointing to the home page of the website, provided that these links cannot create against PORTOVINTAGE.PT and its products or services no direct or indirect prejudice. Given the peculiarity of products and services offered by PORTOVINTAGE.PT it is highly recommended to anyone that wish to create a hypertext link pointing to the homepage of the website to ensure the compliance and legality of this type of link on his own website. Under no circumstances may the creation or presence of these hypertext links engage the responsibility of PORTOVINTAGE.PT, for any reason whatsoever. In case of request for PORTOVINTAGE.PT, any hypertext link pointing to the homepage of the website created on a third party site must be immediately removed, without prejudice to the rights of PORTOVINTAGE.PT to obtain compensation for any damage caused by the creation of this link.

12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These Terms of Service are subject to Portuguese Law. The application of the Vienna Convention on the International Sale of Goods is expressly rejected. Costumers acknowledge that the communications and computerized records of WWW.PORTOVINTAGE.PT will be considered by the parties as proof of exchanges, orders, payments and transactions unless proven otherwise.

The Parties will always try to find a friendly solution before taking the case to court. If so, the Portuguese courts will then be competent.

PORTOVINTAGE.PT cannot be held responsible for the non-performance of the contract in case of occurrence of an event of force majeure, as defined by the Portuguese Civil Code and the case law in force.