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Terms and Conditions

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These General Conditions, in September 2019, are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions under which the provision of the services of the online store CELLAR45 – E-COMMERCE DE VINHOS, LDA., based on the Gateira Way no. 702, 4900-066, Afife, Viana do Castelo , under the single registration and identification number of legal persons no. 514 973 595, with the share capital of € 500.00 (eur), hereinafter referred to as CELLAR45.

The purchase of any product in the Cellar45 online store implies acceptance of these General Conditions of Sale Online.

Any and all alcoholic beverages available for sale in the online store may only be purchased by persons who are of legal age in their country of residence.

PRODUCT INFORMATION, PRICES AND CONTENTS

Cellar45 reserves the right to modify, without notice and at any time, the information and commercial offer presented about: products, prices, promotions, commercial conditions and services.

The images illustrating each product in cellar45 may differ from the product subsequently delivered, and these same products are also subject to stock disruption.

Despite Cellar45’s efforts, some products may have a price that is not correct, which is why the company checks prices every time it processs orders. Consequently, the prices shown in Cellar45 are merely indicative and do not constitute a contractual tender.

Under Portuguese law, all prices shown on Cellar45 include their vat rates in force, unless otherwise stated.

ORDER AND PAYMENT

After the order is confirmed in the online store, an email will be sent to the contact address registered thereby the customer at the time of formalization, with all the details about delivery, billing, payment information, products and values. Cellar45 suggests that all customers confirm their details. If the customer does not receive the order confirmation email, they are asked to contact us through the following contacts   so that such notification is re-forwarded to the customer’s email address.

If any of the details placed by the customer on the order are wrong and/or the customer wishes to change any information, the customer is asked to contact you through the form in       contactsas soon as possible for the requested change to be made.

All orders on Cellar45 will only be processed upon actual receipt of payment. The formalization of the order itself does not constitute a reservation of the products.

If an order cannot be satisfied in part or in full, the customer will be immediately contacted in order to find the most appropriate solution.

All orders placed on the Cellar45 website have a maximum payment period of 15 consecutive days. At the end of this period, the order will be automatically cancelled.

Orders may be cancelled when expressly requested by the customer via the   contact formbefore the shipments of the orders.

Through the online store are accepted payments through ATM Reference, MBWAY (both for customers with bank account in Portugal), Bank Transfer, Debit And Credit Cards VISA, MASTERCARD and AMERICAN EXPRESS.

The order states in   Cellar 45 are comprised of 4 phases: Pending, In Processing, Standby and Finalized.

(a)  Pending   – Waits for the payment to enter the system;
(b)  In Processing   – Phase in which the payment has already been received, and the order is in processing and packaging / preparation;
(c)  In Waiting   – Awaits confirmation from the customer to proceed with the order. (Exceptional).
(d)  Finished   – The order has already been shipped/shipped.

Payments are received in euro, regardless of the currency in which the transaction is made, the conversion rates of payments made in other currencies will be borne by the customer.

SHIPPING PORTS

The prices shown in the products are added the respective value of the postage, each order, and if eligible. The shipping cost depends on the weight of the order and its delivery destination. This postage value can be simulated inside the shopping cart with the desired products added and by filling in all the fields requested from the simulator.

The total postage will also be automatically added if eligible) when placing your order in the online store. It should be noted that the factors of this calculation may be variable and change without notice.

FREESHIPPING

Orders that make up the following totality are eligible for free shipping:

45€   for deliveries in Mainland   Portugal;

90€   for deliveries in Mainland     Spain;

250€   for deliveries in the Islands of Madeira and   Azores;

500€   for deliveries in Europe;

SHIPMENTS AND DELIVERIES

For orders to be sent to the requested address, the option of shipping – National Shipping (in case of Portugal) and International Shipping (in case of other countries outside Portugal) must be chosen.

In general, after shipment, an order takes time to be delivered:

– Up   to 24 hours in Mainland Portugal and Mainland Spain;
– Between 5 and 9 working days in the Islands of Madeira and azores;
– Up to 4 working days in Spain (Islands);
– About   5 working days in the rest of Europe;
– Approximately 7 working days in the rest of the world.

After the shipment of orders, the information for monitoring the shipment will be available in the account of customers who have placed the order with registration and is also sent a notification via e-mail with the information of the link for monitoring the shipment to all registered and unregistered customers.

After the shipment notification, customers must monitor the shipping status via the link provided, so that they are aware of the state of evolution until the time of delivery of the order, since we do not notify each change of shipping status.

All products sent must be checked at the time of delivery. If the customer finds that the order is damaged, he/she must return it immediately to the transport company, duly justify the reason for the return on the carrier’s packing slip and immediately notify Cellar45 via the form in  contacts,mentioning the order number.

If after delivery, the customer finds that any of the items are not in conformity, it is requested that he immediately contact us through the same form indicating the order number or the document number that accompanied the order, attaching images of the packaging as received and all the items, so that the process of investigating the occurrence is opened and thus the situation can be resolved as soon as possible possible.

Cellar45 is not responsible for shipments made to countries where the respective law does not allow the entry of alcoholic beverages. It is the responsibility of the customers to be able to seize their orders, as well as the payment of customs fees, if they exist. In case of return of the products Cellar45 will refund only the respective amount to these same products. In case of questions the customer can contact us before ordering.

Cellar45 has contracted services with specialized carriers for the purpose of deliveries in Portugal, Europe and most countries in the world. Every effort is made to meet the shipping and delivery deadlines, however it should be noted that possible delays in deliveries may be of a nature unrelated to Cellar45, and it is not possible, in such cases, to guarantee exact delivery times.

Most deliveries are made during office hours on business days at the shipping address indicated by the customer when submitting the order.

In case of attempted delivery by the transport company without success by absence, a notice of passage is always left in the customer’s mailbox with the carrier’s instructions. Depending on the service and the carrier the orders must be collected at the place indicated by the same in the notice of passage, or the indications requested in the same notice should be followed.

If for any reason the customer cannot receive the order or pick it up at the place indicated by the carrier, the customer is asked to contact us so that together the most appropriate solution can be found.

APPLICABLE LAW

Cellar45 recognizes to all its customers the right to resolve the contracts they enter into with it, allowing them to return, within 14 (fourteen) days, the products purchased under Decree-Law No. 143/2001 and Decree-Law 82/2008 of 20/05.

For exchanges or returns, the customer is requested to contact us indicating the number of the order or document that accompanied it, taking into account the conditions described below in the following topics:

a) To return the order, the product must be in perfect condition, and if applicable with its original packaging, accessories or promotional offers included, and accompanied by proof of purchase or invoice.
b) The return of defective products and wrong shipments shall be accepted, cellar45 shall be responsible for the costs of sending and collecting whenever the customer communicates this circumstance within 14 (fourteen) days from the date of receipt of the product.
c) Once the goods have been received at our facilities and after validation of the condition of the same accordingly, the return of its value will be made according to the payment method made by the customer, or another solution previously agreed with the same.

Cellar45 assumes responsibility arising from defects in origin or raw material of the purchased product and if confirmed, the product will be exchanged or returned at no cost to the customer.

We will not accept the return of the product after use, or in case it has been changed or modified.

We are not responsible for deficiencies arising from misuse, negligence, poor storage conditions or causes of force greater force.

All purchases made on the Cellar45 website are subject to Portuguese law. Any conflict or divergence of interpretation of the General Conditions of Sale Online will be submitted to the Portuguese court.

If the Client is outside mainland Portugal, we inform you at the outset that any legal proceedings must be exclusively instituted in the Portuguese Courts.

Pursuant to and for the purposes of article 18 of Law No. 144/2015 of 8 September, it is informed that the available ADR entity is the Arbitration Center for Consumer Disputes of Porto, with the following contacts:

Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
Phone: 22 550 83 49 or 22 502 97 91 (10am to 6pm, Monday to 6th)
Website: https://www.cicap.pt/

These general conditions of sale online may be changed without notice and must therefore be consulted before placing any order.

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