General Terms and Conditions of Sale

1. Object
1.1 The general sales conditions presented herein, updated in September 2020, are intended to govern the order form, and the other elements referred to in the same, the terms and conditions under which the provision of the Online Shop Service of WINE44, Boutique de Vinhos e Distilados, with registered office at Rua D. Pedro IV, nº 34, 6º, 4440-633 Valongo, Porto, with the sole registration and VAT number 516591908, with the share capital of 5.000,00€, hereinafter referred to as WINE44.

1.2 The purchase of any product available in the Online Shop implies acceptance of these General Terms and Conditions of Sale.

1.3 Any alcoholic beverages available for sale in the WINE44 Online Shop may only be purchased by persons of legal age in their country of residence.

2. Price Information, Products and Contents
2.1 WINE44 reserves the right to modify, at any time and without prior notice, the contents of the commercial offer and information on products, prices, promotions, commercial conditions and services.

2.2 Product images displayed in the online shop may differ from the delivered product as a result of changes made by producers and brands due to changes in, for example, harvest years. The products displayed online may also be subject to out of stock.

2.3 Despite WINE44's efforts, some products may have an inaccurate price, for which reason we check prices whenever we process orders. Consequently, the prices shown in the Net Status are indicative only and do not constitute a contractual offer. If the effective price of the product is lower than the advertised price, WINE44 will inform the customer of such situation by email or phone and will await his decision to accept the new price or cancel his order within 15 (fifteen) days by email.

2.4 Under Portuguese law, all prices displayed in WINE44 include the respective VAT rates in force, unless otherwise stated.

3. Shipping Costs
3.1 To the values shown in the products is added the respective value of postage to each bottle, based on the calculation of the following factors: packaging and shipping cost. The shipping cost depends on the weight of the order and the respective delivery destination. This value of the shipping costs can be simulated within the shopping cart, with the desired products added, and filling all the requested fields of the simulator. It should be noted that the factors of this calculation may be variable and may undergo changes without notice.

4. Shipping and Deliveries/Shipping
4.1 For orders to be shipped to the requested address should be chosen the shipping option: Standard Shipping.

4.2 In general, after dispatch, an order at WINE44 takes approximately

- 48 to 72 hours for mainland Portugal.

4.3 After the expedition of the orders, the information for monitoring the shipment will be available in the customers account, if they have made the order with registration, and will also be sent a notification via email. If, for any reason, the customer does not receive the shipping confirmation, the customer should contact WINE44, via email or phone call, so that all available information about the order shipping can be sent again.

4.4 All products shipped by WINE44 must be checked upon delivery. If the customer finds that the package is damaged, he must immediately return it to the transport company, duly justify the reason for the return on the delivery note of the carrier and immediately notify WINE44 by email or phone call.

4.5 If, after delivery, the customer finds that any of the items are not in conformity, he is requested to immediately contact WINE44 through the email geral@wine44.com, indicating the order number or the number of the document that accompanied the same, attaching images of the packaging as received and of all the items, so that, internally, the process of investigation of the occurrence is opened and, in this way, the situation can be solved, as soon as possible.

4.6 WINE44 has contracted services with specialized carriers for deliveries in Portugal, Europe and most countries in the world, and all efforts are made to meet the deadlines for shipment and delivery. However, it should be noted that any delays in deliveries may be of WINE44 nature, not being possible, in such cases, to guarantee exact delivery times.

4.7 Most deliveries are made during business hours, on working days, to the shipping address indicated by the customer when submitting the order.

4.8 If delivery is attempted unsuccessfully by the carrier, due to the absence of someone to take delivery, a notice is always left in the customer's mailbox with the carrier's instructions. Depending on the service and carrier, orders must be collected at the location indicated by the same in the transit advice, or should be followed the indications requested in the same notice.

4.9 If, for any reason, the customer is unable to receive the order or pick it up at the location indicated by the carrier, the customer is requested to contact WINE44 so that together we can find the most appropriate solution.

5. Applicable Law
5.1 WINE44 recognizes all its customers the right to terminate contracts with us, allowing them to return, within 15 (fifteen) working days, the purchased products, under Decree Law 82/2008 of 20/05.

5.2 For exchanges or returns, the customer is requested to contact WINE44 through the e-mail geral@wine44.com indicating the number of the order or the document that accompanied it, taking into account the conditions listed below in the following topics:

  1. a) To make the return of 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.
  2. b) Defective products and mistaken shipments may be returned, WINE44 being responsible for the shipping and collection costs, provided that the customer reports this circumstance within 15 (fourteen) working days from the date of receipt of the product.
  3. c) Once the goods are received at our facilities and after validation of the state of the same, accordingly, we will proceed to return its value, according to the mode of payment made by the customer, or another solution previously agreed with the same.

5.3 WINE44 assumes the responsibility arising from defects in origin or raw material of the purchased product and if such is confirmed by the specialized team of WINE44 and the product supplier, the product will be exchanged or returned at no cost to the customer.

5.4 The WINE44 will not accept the return of the product after use, or if it has been altered or modified.

5.5 WINE44 shall not be liable for deficiencies arising from misuse, negligence, poor storage conditions or force majeure causes.

6. Legislation
6.1 All purchases made on the WINE44 site are subject to Portuguese law. Any conflict or divergence of interpretation of the General Conditions of Sale Online shall be submitted to the competent Portuguese Court.

6.2 Should the customer be located outside of mainland Portugal, Liquid State hereby informs that any legal action must be exclusively initiated in the Portuguese Courts.

6.3 Under the terms and for the purposes of the provisions of art. 18 of Law no. 144/2015, of 8 September, it is hereby informed that the available ADR entity is the Lisbon Consumer Conflict Arbitration Centre, with the following contact details:

Address: Law School of Universidade Nova de Lisboa - Campus de Campolide 1099-032 Lisbon

Telephone: 21 384 74 84 (from 3 pm to 4 pm)

Telephone of the Directorate-General for Consumer Affairs: 707 788 787

Website: http://arbitragemdeconsumo.org

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