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Terms and Conditions of Use and Sale
GENERAL
The website www.dourado.com.pt
is intended for the dissemination and marketing of alcoholic and non-alcoholic
beverages, property of Dourado Distribuição, Lda., Avenida São Sebastião 12, 7000-767
Évora and NIPC 501473459,
hereinafter
referred to as DOURADO DISTRIBUIÇÃO.
For any
clarification related to this website or these General Conditions of Use and
Contract, the DOURADO DISTRIBUIÇÃO can be contacted through the following
customer service:
Phone:+351 266 704 636; E-mail:
dourado.geral@gmail.com
Acceptance
of the general conditions of sale implies acceptance of them in their entirety.
Dourado
Distribuição reserves the right to freely modify this pre-contractual
information in order to adapt it to the applicable legislation, without the
need for any prior notice.
OBJECT
The purpose of these general sales conditions is to
provide and define all the necessary information for the user regarding the
modalities of ordering, sale, payment and delivery of purchases made on the
website www.dourado.com.pt. based on Portuguese
DL n.º 24/2014, of 14 February, which regulates distance sales.
These general conditions will not apply if it is verified, by the type of order, that the User is not a final consumer as defined in paragraph c) of article 3 of Portuguese DL 24/2014, of 14 of February.
ABOUT THE USER
A User is a person who accesses, browses or uses the
services available on the website www.dourado.com.pt
, whether for information purposes or for the purchase of products.
The User undertakes to use the website only to make
legally valid queries and orders, granting authorization to DOURADO
DISTRIBUIÇÃO to cancel purchases deemed false or fraudulent, as well as to
suspend or cancel a User's access account.
The User acknowledges that, in order to purchase and
deliver ordered products, the User must provide a set of necessary information.
Such information will be subject to the DOURADO DISTRIBUIÇÃO Privacy Policy.
By
ordering at www.dourado.com.pt , the
User declares that he is over 18 years old and can enter into contracts.
CONTRACT CELEBRATION
The information of these conditions on www.dourado.com.pt does not constitute an offer of sale, but an invitation to contract. No purchase contract is considered to exist until there is, on the part of DOURADO DISTRIBUIÇÃO, the acceptance of the order placed by the User.
PRICES AND CAMPAIGNS
The price of each product may vary depending on the
campaigns that are in progress and their duration. In this way, the price of
the product is what appears in the domain www.dourado.com.pt at the time of
placing the order.
The price shown already includes the VAT (Value Added
Tax) and does not include shipping costs for the order or others.
The occasional discount campaigns presented in the
domain www.dourado.com.pt are prepared for the online store www.dourado.com.pt , and may not coincide
with those in force in the store open to the public DOURADO DISTRIBUIÇÃO.
DOURADO
DISTRIBUIÇÃO reserves the right to make, at any time and without prior notice,
any changes it deems necessary to the online store, we may update products and
prices, depending on the news and campaigns that appear. These changes will not
affect orders that, at the time the changes are introduced, have already been
carried out.
PRODUCT
The description, image, year and any other information
of a product presented in the online store www.dourado.com.pt , can be changed
without prior notice. The images of the products on the website are as reliable
as possible, with a view to identically reproducing the product as it actually
is. Some products are handcrafted and come from suppliers may change their
image without prior notice, there may be slight differences between the image
and the product itself. Some products may have an inaccurate price, which is
why prices are always checked before processing orders. Consequently, the
prices shown on the website are merely indicative and do not constitute a
contractual proposal.
Under
current Portuguese legislation, products presented at www.dourado.com.pt already include VAT at legal rates of 6%, 13%
and 23% depending the type of product.
ORDERS
To order, go to www.dourado.com.pt:
- Select the products you want to buy and add them to
the basket;
- When you have finished your selection select the
“Checkout” option in the cart menu.
- Associate purchases to billing details, indicating
the necessary information and filling in the required fields; At this
stage, you can check the amount to pay per shipment, indicating the
destination;
- Select delivery. Only collecting the order from the DOURADO
DISTRIBUIÇÃO store is free. If you choose shipping, there are additional costs
that add to the total value of the order;
- The User can choose between payment methods: PAYPAL, MULTIBANCO, PAYSHOP and BANK TRANSFER. The Payment in Store option is only valid for purchases to be collected from the DOURADO DISTRIBUIÇÃO store in Évora.
- Check and validate confirmation of the terms and
conditions of the store. Without the acceptance of these General Conditions of
Sale and Use of the Website, your order will not be processed;
Upon conclusion of the order, you receive an automatic
email from www.dourado.com.pt with the order summary. It is an informative
document with no fiscal validity, it does not replace the Invoice, which must
accompany the product after payment. We remind you that the purchase contract
requires DOURADO DISTRIBUIÇÃO to accept the order placed by the User and make
payment.
The order
processing is awaiting your payment.
All
orders placed on www.dourado.com.pt and that payment is
not made within the maximum period of 72 hours, will be cancelled.
Invoicing
will be processed by the company Dourado Distribuição Lda. Avenida São Sebastião
12 7000-767 Évora and NIPC 501473459.
The
Invoice relating to the actual purchase of the order, accompanies the product.
PICK UP AT PHYSICAL
STORE
This option is free of charge for the User. The User
will be notified by email that the order is available for collection.
The User has a maximum period of 3 days, from the date
of sending the e-mail, to pick up the order during the store's opening hours. After
this period, DOURADO DISTRIBUIÇÃO reserves the right, freely, to cancel the
order, without any responsibility for this fact.
The User
will be informed of the order's cancellation by e-mail , and if applicable, the
amount paid on account of the order will be returned, if applicable.
SHIPPING
For good quality in the delivery of products, we had
partner company for sending the products purchased at www.dourado.com.pt and that undertake
to follow the General Sales Conditions presented here, as well as comply
with the rules Protection and data processing, in a safe and confidential way,
in accordance with our Privacy Policy.
For orders placed on www.dourado.com.pt after confirmation of payment by the customer,
there will be 5 working days for the preparation of the order, unless there is
a shortage of stock. Currently, Shipping is operated by GLS and the shipping
cost charged at time of purchase already includes packaging. The shipping cost
depends on the weight of the order and its delivery destination.
Shipping fee amount is shown in cart before checkout.
You can consult the table here. When
sending orders to countries outside the European community or if the shipping
fee is not included in the pre-established list, the shipping price should be
under consultation after contacting dourado.geral@gmail.com . Sales to the UK and non-Schengen
countries are not available.
DOURADO
DISTRIBUIÇÃO is not responsible for delays by the Carrier in delivering orders.
A period of up to 7 days is expected for delivery in mainland Portugal and up
to 30 days for other areas. All products shipped by the carrier must be checked
upon delivery. If you find that your order is damaged, you should contact DOURADO
DISTRIBUIÇÃO immediately.
DOURADO
DISTRIBUIÇÃO is not responsible for shipments to countries with additional fees
or where the law does not allow the entry of alcoholic beverages - it is the customer's responsibility to seize
the respective order. In case of return, DOURADO DISTRIBUIÇÃO will refund only
the amount of the merchandise. In case of doubts, contact us to the email dourado.geral@gmail.com before ordering.
ORDER PROCESSING AND
REFUSAL
After paying for the order, we start processing it.
DOURADO DISTRIBUIÇÃO verifies all registered orders
and reserves the right to refuse orders in case: the information provided in
the Billing Details / creation of the User's personal account is incomplete or
incorrect or in case of suspected fraud.
In these situations, the User will receive, by e-mail,
information about the order's cancellation and its causes.
All orders are subject to confirmation of product
availability.
In case there are difficulties in the supply of
products or it is verified that the product is out of stock, the User is
informed by e-mail and we proceed to return the payment within 30 days,
counting from the notification of unavailability.
The
payment will be returned by bank transfer, the User will be contacted to
provide the necessary data for this purpose. This transfer does not entail any
costs for the User.
CONSUMER'S RIGHT OF
FREE RESOLUTION
Consumers
have 14 days, counting from the date of delivery of the order, during which
they can return the product, without having to indicate the reason.
To exercise the right of free termination, the
following conditions must be met:
- the product must not have been used or altered;
- the original characteristics of the product must be
maintained, which must be accompanied by the original packaging and without
problems;
- the product must be complete and well packaged in
the original packaging (if the item consists of more than one piece, these must
be returned in full);
- inclusion of a copy of the invoice.
To exercise the right of free termination, the
Consumer must communicate his decision to terminate the contract by means of a
statement containing his name, address and contacts, identification of the
purchased products, date of receipt of the order. The User can send his
communication of resolution, which must contain the above mentioned
information.
The resolution decision can be sent by mail (to: DOURADO
DISTRIBUIÇÃO, Avenida São Sebastião 12 7000-767 Évora or e-mail (dourado.geral@gmail.com). In this case, we
respond without delay, the notice of confirmation of receipt of the resolution.
The Consumer must, within 14 days from the date on
which he sent the decision to terminate the contract, send or deliver the
ordered product, must attach a copy of the termination notice and the purchase
invoice, to the following address: DOURADO DISTRIBUIÇÃO Lda, Avenida São
Sebastião 12 7000-767 Évora.
As soon as the order is received, the Consumer will be
informed by email and we will refund the amounts paid.
Return costs will be supported by the Consumer.
DOURADO DISTRIBUIÇÃO is not responsible for damage
caused during the product return process.
The Consumer will be reimbursed for all payments made,
including delivery costs (except for additional costs resulting from choosing a
shipping method other than the normal way offered), within 14 days from the
date on which DOURADO DISTRIBUIÇÃO be informed of the decision to terminate.
DOURADO
DISTRIBUIÇÃO can block the refund until it receives the returned products, or
until it proves that the goods have been shipped.
The
consumer expressly agrees that the refund will be made by bank transfer,
without any additional costs.
Alternatively,
within the same period, the Consumer may return it to the DOURADO DISTRIBUIÇÃO
store in Évora.
RETURN FOR NON-COMPLIANCE
If it finds that the product does not comply with the
terms of the order specification, the Consumer may demand its correction or
replacement, the appropriate reduction of the price or the termination of the
contract, unless this proves impossible or constitutes an abuse of rights.
DOURADO DISTRIBUIÇÃO provides that all products
shipped will be examined by the customer immediately upon receipt. If any
problem is detected with the product, the customer must return it to the
transport company, justify the return and notify us immediately. By Portuguese DL
n.º 24/2014, of February 14, the customer 14 days, after receiving the item at
home, to contact DOURADO DISTRIBUIÇÃO and express their willingness to return
the item at no extra cost to the customer. The 14-day deadline count begins on
the day of receipt of the articles. To clarify any doubts, please contact us.
You must return the products or deliver them to DOURADO
DISTRIBUIÇÃO, at Avenida São Sebastião 12 7000-767 Évora. The deadline is
considered to be respected if you return it within 14 days. You must bear the
direct costs of returning the goods. We may block refunds until we receive the
returned goods, or until you show proof of shipment of the goods.
The customer will be held responsible for the
depreciation of the products resulting from handling that exceeds what is
necessary to verify the nature, characteristics and functioning of the goods.
The same
DL identifies the Exceptions to the right of free resolution:
It is not
possible to exercise the right of free termination of the contract for the
following products:
–
Products made or customized at the customer's request;
–
Products that cannot be resent or are likely to be damaged or expired;
– Sealed
products not subject to return, for health or hygiene protection reasons when
opened after delivery;
–
Products that after delivery and by nature, are inseparably mixed with other
items;
–
Alcoholic beverages whose price was agreed upon when the contract was signed,
whose delivery can only be made after a period of 30 days, and whose real value
depends on market fluctuations that cannot be controlled by the seller;
– Sealed
audio or video recordings or sealed computer programs, from which the customer
has removed the inviolability guarantee seal after delivery;
– Providing
a newspaper, periodical or magazine, with the exception of subscription
contracts for the sending of these publications.
CHANGES
DOURADO
DISTRIBUIÇÃO may at any time and without notice, modify these conditions or
introduce new ones, by publishing them in the domain www.dourado.com.pt
The
validation of the order request means the acceptance, by the User, of the sales
conditions that are in force at the date of validation of the order.
EXCLUSION OF WARRANTIES
AND RESPONSIBILITY
Regardless of the rigor applied in updating the www.dourado.com.pt domain, it is possible that there may be
involuntary errors in the information presented about the products, so DOURADO
DISTRIBUIÇÃO reserves the right to cancel the User's order, if this occurs.
DOURADO DISTRIBUIÇÃO will only be held liable for any
damages that the User may suffer as a result of the online sales service when
these are attributable to a malicious act by DOURADO DISTRIBUIÇÃO, recognizing
and accepting the User that the use of this service is carried out under its
full responsibility and risk.
For all stages of access to www.dourado.com.pt , in the ordering,
delivery, Customer Support service or subsequent services, DOURADO DISTRIBUIÇÃO
only assumes an obligation of means. The responsibility of DOURADO DISTRIBUIÇÃO
cannot be extended to all the inconveniences or damages inherent to the use of
the Internet network, such as the interruption of the service, an external
intrusion, the presence of computer viruses or any other qualified fact in
accordance with the applicable legislation.
In
addition, DOURADO DISTRIBUIÇÃO shall not be responsible in the event that the
order is not delivered or if it is prevented from complying with any of its
obligations by an external case, namely, in case of bad weather I have blocked
the order's forwarding.
INTELLECTUAL PROPERTY
Dourado Distribuição Lda., owns the DOURADO DISTRIBUIÇÃO store and
intellectual property rights, including industrial property, brand, designs,
copyright and related rights of contents published in the domain www.dourado.com.pt that are not externally supplied and as such
duly identified, directly or through an exclusive license, as well as products
sold here, which constitute works of an intellectual and creative character
specifically protected by the various branches of intellectual law, commercial
rules, competition and other applicable laws.
Any use
not authorized by others of the intellectual property rights indicated, in any
context and for any functionality, will be subject to the legally foreseen and
applicable consequences. The use of domain contents for personal use is only
allowed. No part of the domain may be reproduced for sale or distributed for
commercial gain, nor may it be modified or incorporated into any other work,
publication or web domain.
ACCESS TO WWW.DOURADO.COM.PT
Access to all or part of www.dourado.com.pt may be suspended by
decision of DOURADO DISTRIBUIÇÃO, due to computer or technical difficulties,
difficulties in telecommunications networks, strikes, national or local state
of emergency, bad weather, among others.
Access to
the page can also be interrupted at any time without notice for maintenance
reasons.
The page
will be susceptible to modifications and evolutions, including in terms of
functionalities, at any time and without notification of any kind and without
the user being able to claim any type of damage.
AUTHORIZATION OF
HYPERLINKS
The use of hyperlinks to the domain www.dourado.com.pt will only be authorized by DOURADO
DISTRIBUIÇÃO through written authorization.
The authorization to insert a link does not, under any
circumstances, imply an express consent to reproduce the visual and functional
aspects of this website, and must show that it leads to a DOURADO DISTRIBUIÇÃO
website and that it is independent and not linked for no relationship or
collaboration, association, sponsorship, employment, or any other type, to the
website that contains the hyperlink.
It is
also explicitly forbidden to create an environment or navigation bar on the
pages that make up this site, without prior authorization.
The link
can only consist of text. For the use of images or brands, authorization must
be obtained.
Any
website that contains a link to the domain www.dourado.com.pt must inevitably respect these General
Conditions of Sale and Use of the Site, be characterized as a loyal and lawful
link and comply with all applicable legal provisions and moral requirements and
generally accepted good manners.
USER/CUSTOMER SUPPORT SERVICE AND DISPUTE RESOLUTION
MEANS
In the event of an online consumer dispute, the consumer may resort to an Online Dispute Resolution (RLL) system, on the ODR Platform ("Online Dispute Resolution"), with competence to resolve disputes relating to contractual obligations resulting from sales or service contracts online.
The consumer thus has a single portal where he can register his complaints and monitor their evolution. “The platform guarantees all the steps for resolving disputes, from the introduction by the consumer, through the interconnection with the ADR entities, and ending in the information to the parties involved”
Access the Electronic Platform for Alternative Dispute Resolution in sales contracts or online services here.
Discover the Alternative Dispute Resolution Entities (RAL) as well as their contacts at the following link
In the event of a dispute not falling within the aforementioned situations, DOURADO DISTRIBUIÇÃO and the consumer must resolve the situation amicably, within the scope of a conventional mediation procedure or any other alternative resolution method. Contact us via email dourado.geral@gmail.com
More information on the Consumer Portal (www.consumidor.pt).