TERMS AND CONDITIONS
This page describes the terms and conditions of use for the sales website of QFB (QUINTA DA FERREIRA DE BAIXO) – accessible on page web- www.quintaferreiradebaixo.pt – and hereinafter referred to only as “website”.
You agree that by accessing the Site, you are to be bound by all of these Terms and Conditions we present here.
This website and the respective service and system for the sale and purchase orders of products through this web page or website are owned by:
HESTIA e BACO – TURISMO E VITICULTURA, Lda.
NIPC 513 622 594 – C.R.C. Lisboa
Headquarters: Rua D Pedro V, 107-3°B, 1250-093 Lisboa
E-mail: georgina.tome@dquintaferreiradebaixo.pt
These Terms and Conditions are applied to all users who access this site and who intend to buy products or services that we make available through this site, which implies the need for the
User to accept these Terms and Conditions, which, once made, in the way indicated below on this website, itis considered, for all purposes, a full, voluntary and fully conscious acceptance.
Before the registration process, the User must read and understand these Terms and Conditions, being necessary to accept them in order to register and, subsequently, to be allowed to use the website and our services, namely to make purchases and orders for our products, presented on the website for that purpose.
The acceptance and registration of the User necessarily implies acceptance of the procedures indicated in these terms and conditions, and those indicated on our website concerning each step of use, ordering, purchase, payment and delivery of our products, and also on the access conditions and your reservation, on the availability, obtaining, use, treatment and protection of personal data, in accordance with the Law and the respective EU Regulation.
The User must keep in mind these terms and conditions during all use of our website and our services, as they contain important information about the rules that regulate the relationship of
Users with us, the procedures to be carried out, the offer and ordering process and the acquisition of our available products on the website, as well as the way and purpose of providing, obtaining and processing users’ personal data, and their rights.
The Terms and Conditions may be changed due to our commercial and site management policy, and under the terms of the law, so we reserve the right to unilaterally change or modify these Terms and Conditions, which will be immediately published on this site, and only thereafter the new rules will be applied.
INDISPENSABLE STATEMENT BY THE USER
Access, registration and use of this website, in particular the purchase or ordering of our products and services, presented on this website, are not permitted to minors and persons who do not have the legal capacity to make a contract.
Accordingly, by accepting these Terms and Conditions, the User, as a natural person, even if he does so on behalf of a legal entity, declares in a true, express and conscientious manner that he is an adult and has legal capacity make a contract according to Portuguese law.
IMPORTANT: If the User is a minor or incapacitated person, and requests or purchases or orders any product or service presented and made available on this website, or ifhe makes any payment, these acts will be considered as carried out by the respective parents, owners of the parental responsibilities, guardians or trustees, as the case may be, and they will be responsible for those acts, for any contracts, orders, purchases, or payments or use of means of payment, carried out by underage users or disabled persons, as well as responsible for any inherent payments in such acts due to us.
PRIVACY POLICY STATEMENT
The use of this site implies the acceptance of the rules of privacy and the treatment and protection of personal data, under the terms of the law, and the right of Users to access and rectify their personal data is ensured.
The guarantee of the confidentiality of the personal data of users, customers or visitors to our website, and its treatment and use in an absolutely lawful and transparent manner, for the performance of the services provided by this website, are important principles and rules and ensured by this website and by its owner.
PROTECTION OF PERSONAL DATA
All personal data relating to natural persons will be collected, processed and used, and their confidentiality and security will be ensured, in accordance with the applicable Law: Law No. 58/2019, of August 8 (Law on the Protection of Personal Data) and of EU Regulation 2016/679 of the European Parliament and of the Council, of 27 April 2016 (General Regulation on Data Protection).
Personal data and all personal information provided by Users or collected by the website, are intended and will be used to provide access to the website and help users to make their visit to our website as productive, easy and pleasant as possible, in order to purchase or order the available products on the website, and to take notice and be informed about our products, events and news.
Under the terms of the law, there are also grounds for the collection, access, treatment and use of the personal data of the users of the website, their consent, the execution of contracts for the sale and acquisition of goods and for the respective delivery, the pre-contractual steps , the legitimate interests and rights of the website and its owner, and the fulfilment of legal or legal obligations.
The collected personal information may include the User’s name, date of birth, address and taxpayer number, electronic address (e-mail), telephone and / or mobile phone number, the name or business name of the entity or legal person and her/his tax number or legal person identification number (NIPC), activity and headquarters, as well as other personal data of natural persons, or information, including company information, namely for the purposes of billing and shipping and product delivery, registration orders, preferences and satisfaction of users and customers of the site.
The User allows the collection, treatment and use of her/his personal data and other information that respects her/him, as mentioned above, and allows the sending of unsolicited communications and information, using electronic or remote communication techniques, and in accordance with the law, which expresses with her/his agreement on the website.
ACQUISITION OF PRODUCTS
How to purchase a product at www.quintaferreiradebaixo. pt
(Before registration you should read our Terms and Conditions on the homepage)
- You must register by completing all fields.
- On the home page, through the various categories you can choose the product you want and add to the cart
- Choose the desired quantity of products.
- Confirm your details and choose the payment method (ATM, bank transfer, VISA, PAYPAL or MB WAY).
- You will receive an email confirming your order.
- If payment is made by ATM, the references are valid for 48H, after which the order is canceled.
- If payment is made by bank transfer, the respective proof must be sent to the email: geral@quintaferreirade baixo.pt within 48 hours, after which the order is canceled.
PRICE AND PRODUCT CHARACTERISTICS
The prices indicated on this website, unless otherwise indicated, will be valid only for the date they are announced, remaining in force for the customer who purchases that day, even if he receives the items purchased at a later time. All items presented on this site are subject to availability of stock, at the time the item is collected in the warehouse.
The prices established, except for spelling or publication errors, are expressed in Euros and include the VAT rate in force, delivery costs are not included. And in the event of an error in pricing or designation of characteristics, sizes, weights or measures, we can only assume the commitment to cancel the sale and return the total amount paid by the customer immediately. Product prices may be subject to change without previous warning.
SHIPPING COSTS
In addition to the prices shown on the products, the respective shipping costs are added, which, for each order, are calculated based on the sum of two parcels: the cost of packaging and the cost of transport.
The packaging cost (in euros) is as follows: for 1 (one) bottle € 2.30, for 2 (two) bottles € 3.00, for 3 (three) bottles € 3.60, for 6 (six) bottles € 5.70, and for 12 (twelve) bottles € 9.50. For other quantities of bottles, the sum of the aforementioned amounts that are necessary to make up the ordered quantity is applied.
The shipping cost depends on the weight of the order and the respective delivery destination. This shipping cost can be simulated inside the shopping cart with the desired products added and filling all the requested fields of the simulator.
The total postage will also be automatically calculated and indicated when placing your order on the Online Store. Please note that the portions of this calculation may be variable and may change without notice.
CONDITIONS FOR THE SALE
The product purchase contract will only take place if Héstia e Baco – Turismo e Viticultura, Lda. can successfully confirm and register the user’s payment.
Payment by the user takes place immediately after the payment information has been entered and made available on the website.
PRODUCT IMAGES AND SHIPPING
All images and graphic representations present on the website, namely photos and images of products, shapes and colours, bottles, labels and packaging, may not correspond to reality, since they are representations and definitions of cameras or capture or reproduction, flash, etc., or the sharpness of the monitor can change the definition of colours, shapes and characteristics of products and other elements. The images posted here by Héstia e Baco, Lda. try to be the
most exemplary of reality. To avoid purchasing any product or colour that you do not want, research the product and the color and other characteristics well, or contact Héstia e Baco, Lda for more information.
The product will be shipped as soon as the paymentis confirmed and registered.
Continental Portugal: Daily shipments, with reference to 75% of orders, shipment is scheduled for 24 / 48h (*) Unless out of stock. For the remaining 25%, it may take up to 12 working days (*) Unless out of stock.
The order will be dispatched by our warehouse in 24-48 hours from to the formalization of the order, provided that all products included in it are in stock. From that moment, it may take another 24-48 hours for the carrier or CTT to deliver the order at the destination, or the time indicated by the carrier or CTT, for that purpose. Goods are only delivered on business days (Monday to Friday).
(*) Shipping and delivery times are indicative, so they are valid considering that there is no anomalous situation, unforeseeable circumstances, or any error in the delivery address. We remind you that it is only possible to modify the delivery address if your order has not yet been shipped through our warehouses.
Autonomous Region of Madeira and Azores: Daily shipments with reference to 75% of orders and with delivery scheduled in 24 / 48h (“) For the remaining 25% it may take up to 12 working days.
(*) Delivery times are indicative, so they are valid considering that there is no unforeseen force majeure, or any error in the delivery address. We remind you that it is only possible to modify the delivery address if your order has not yet been shipped through our warehouses.
(*) Articles with indications of “Free Shipping” and “Delivery in 5 working days” are only valid for Mainland Portugal only.
The order will be dispatched by our warehouse within 24-48 hours after the order is registered on the website, and as long as it is valid and without errors, including on the place of delivery of the order, and when all products included in it are in stock, except for any abnormal situation, unforeseen circumstances, or any error. From that moment, it may take 8 to 12 days for CTT to deliver the order at the destination, or the time indicated by the carrier or CTT, for this purpose. Goods are only delivered on business days (Monday to Friday). No deliveries are made to PO boxes.
The order may be sent by a different carrier than the one chosen by the customer, as soon as the delivery time is equal or less and does not interfere with the shipping cost.
CANCELLATIONS / RETURNS / EXCHANGES AND GUARANTEES
The Customer may cancel his order at any time until the order is shipped, with the right to a refund of all amounts paid. Upon receipt of the order by the Customer, the Customer may exercise the right to return, according to the accomplishment of every condition.
Exchanges or returns can only be made and accepted, under the law and according to the conditions indicated on this website, if the product is completely intact, without any signs of handling or use, and with original packaging without any damage, and in both the cases in conditions of sale. Returns will not be accepted for products whose packaging is damaged, written or with stickers attached. (Ex: carrier labels, lack of protection, etc …)
In order to return a product, the customer must comply with the conditions provided on this website and send the complete article, duly identified with the order number and its data, including for the return of the amount paid, to our facilities, within the maximum period of 14 days after receipt of purchase. Administrative and banking costs may be charged to the customer.
If the return meets the requirements and in order to be accepted, upon receipt of the products and their packaging, the purchaser of the product will be entitled to a refund of the amount paid, except shipping costs, within a period of up to 14 days after receipt of the correct return of the product with the identification of the order number and the indication of the IBAN for the refund credit.
The cost of the Exchange or Return will be borne by the customer.
The refund to the customer will only be made after checking the product upon arrival at our premises.
In the event of a return, administrative and bank charges of 3% will be deducted from the customer, whenever the customer has made the payment by ATM, PayPal, MB WAY, or 3.75% whenever the customer has made the payment by Visa.
After this period has elapsed, the customer purchasing the product may call the guarantee. In order to return, exchange or activate a guarantee, the form that must be followed with the product must be requested by email geral@quintaferreiradebaixo.pt. Products that do not come with this correctly filed out form will not be accepted.
We are not responsible for losses, so we advise you to send it in a registered way. Any returns that are sentto our premises without an order number will not be processed.
FUNCTIONALITY AND AVAILABILITY OF THE WEBSITE
Héstia e Baco, Lda reserves the right to change, limit or cancel the functionalities of the website at any time, as long as these are not necessary to execute purchase contracts already concluded. Although Héstia e Baco, Lda strives to provide its service without occurring technical problems, the possibilities of use may be limited and / or temporarily interrupted, namely by maintenance work, updates and / or other problems. Eventually, data loss may occur. Héstia e Baco, Lda does not therefore assume any guarantee regarding the availability of the service or the absence of technical problems or loss of data, which do not directly concern it.
COPYRIGHT
Héstia e Baco – Turismo e Viticultura, Lda. Reserves all copyrights and other rights inherent to its ownership, industrial property right and the right to use and dispose of this website and the contents and service through this website, and about the products and all their components, images, models, labels, names, drawings, insignias and brands of the company, from Quinta da Ferreira de Baixo, as well as about the contents, information, images, videos and databases of its domain or published by their means – and which are assets and rights considered as “protected property” by Hestia e Baco, Ld. and which on this website and for all purposes are
so designated. It is expressly forbidden to alter, reproduce or publish, or in any way use, transmit to third parties and / or make any other use of the protected property or any element thereof, without prior written authorization from Héstia e Baco, Lda.
CHANGE OF TERMS OF USE
Héstia e Baco, Lda can update and change these website conditions and their use in order to meet legal requirements, or its activity and commercial policy or operating changes, to be applied after the respective publication or information on this website . The user can consult the current conditions of use and at all times in force and practiced on this website through www.quintaferreiradebaixo.pt
PARTIAL INVALIDITY
If a provision, present or future, of the contract is or remains, totally or partially, without effect / null or not enforceable, the validity of the other provisions of this contract will not be affected, as long as the performance of the contract, considering the regulation that follows does not represent an obligation for a party that cannot be required. The same applies when, after conclusion of the contract, there is a gap that needs to be supplemented. The parties will replace the provision with no effect / void / not enforceable or the gap that is necessary to complement with an effective provision that, in its legal and economic content, corresponds to the provision without effect / void / not enforceable and the overall purpose of the contract.
APPLICABLE LAW / VENUE
This contract is subject to Portuguese law.
For all issues arising from this Agreement, the parties elect the forum of the District Court of LISBOA.
DISPUTE RESOLUTION
Consumer Notice
(under Law No. 144/2015, of 8 September)
According to Law No. 144/2015, of 8 September, we indicate on this page the List of Consumer Conflict Arbitration Centers, recognized by the Directorate-General for Consumers, which you can use in case of dispute with our company, recurring offering products and services on our website.
SUGGESTIONS FOR ALTERNATIVE DISPUTE RESOLUTION ENTITIES:
LISBON
Consumer Dis putes – Electronic Complaints Book
Customer users who make purchases on this site also have the right to complain about the products or services purchased. They can do this by connecting to the website of the Electronic Complaints Book Platform.
If you are dissatisfied and want to expose your situation, you can do so by contacting the competent Alternative Dispute Resolution Entityin your area.
APPLICABLE LAW
The present General Conditions and Terms of Sale and all emergent disputes related to these general conditions, including their validity, the use of the online store
www. quintaferreiradebaixo.pt or any purchase therein must be governed by Portuguese law.
In the event of a dispute regarding the interpretation or execution of these General Conditions and Terms of Sale, Héstia & Baco, Lda. and the Buyer undertake to endeavour to obtain a friendly solution, which is fair and within 60 (sixty) days from the receipt of the communication addressed for this purpose by any of the parties involved.
In the event of a consumer dispute, the consumer can use the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr. For more information on the platform see http://cec.consumidor.pt/topicos1/resolucao-de-conflitos-/resolucao-de-conflitos- emdinha. To find out the registered Alternative Dispute Resolution entities, consult the Consumer Portal at www.consumidor.pt.
In the absence of an amicable solution, under the terms of the preceding paragraph, and in case of non-compliance with these General Conditions and Terms of Sale, both parties establish the competent Civil Court of Lisbon, with express waiver of any other.
