TERMS AND CONDITIONS
These general contractual conditions are intended to establish the terms and conditions governing the provision of services related to the sale of wines, beverages and associated products on-line by mtorresnetwine, a site of legal responsibility of Mercearia M Torres, Lda, headquartered at Av. Dr. Artur Cunha Araújo, 310, 4480-667 Vila do Conde, with taxpayer number 508877580, with a registered capital of € 150,000.00 and registered at the Conservatória do Registo Comercial of Vila do Conde, under the Number 508877580.
By using the services provided by mtorresnetwine, you acknowledge and agree that all terms and conditions set forth in these Terms and Conditions will apply.
The purchase of products in the mtorresnetwine electronic store is subject to the following terms and conditions:
Any and all alcoholic beverages available for sale in the mtorresnetwine e-store can only be purchased by persons who are of legal age in your country of residence. By requesting the services of mtorresnetwine, the Client declares to comply with the legal requirements for its consumption. In Portugal the minimum legal age for the consumer is 18 years. Mtorresnetwine 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 customer to seize the respective order, so before making the order, you must make sure contingencies and legal limitations, in particular, control of imports of alcoholic beverages in his country.
Under current Portuguese legislation, mtorresnetwine is obliged to add the value of VAT at the legal rates in force for all products. The prices presented in the virtual presence of mtorresnetwine always include VAT. The value of VAT can be deducted for public or private companies with legal registration in a country of the European Union.
For countries outside the EU, shipping and handling costs are the responsibility of the Customer.
The service provided by mtorresnetwine consists of the online maintenance of a catalog for the sale of various products.
The prices of the drinks are indicated per bottle of 75 cl, except when the description of the product indicates another capacity. The description, image and any other information of a product presented in the electronic store of mtorresnetwine can be changed without previous warning. The images that illustrate each product may differ from the product delivered.
All prices displayed in the virtual presence of mtorresnetwine can be changed without notice and are always subject to stock breach.
Clients may proceed to the online purchase of any of these products through the following procedure, being always subject to the terms and conditions of the clauses referred to herein.
The customer who wishes to purchase the products listed in the mtorresnetwine catalog must register, providing the following information: full name, address, delivery address, postal code, tax number, e-mail address and telephone number . Other data may be requested from the client, at the time of registration or at a later time, if mtorresnetwine considers such data as useful for the respective contractual relationship.
Each product has an associated token which includes the respective characteristics, considered by the relevant mtorresnetwine regardless of whether or not they appear on the label of the bottle and the retail price, including VAT at the legal rate in force.
At the cost of each product ordered in the electronic store of mtorresnetwine, there is a packaging cost of € 4.50 per bottle plus the cost of transportation to the delivery address indicated by the customer.
The respective costs are calculated automatically and made available to the customer at the moment the product is added to the “shopping cart”, before the final confirmation of the purchase by the Customer and detailed in the email of mtorresnetwine to confirm the order.
The formalization of the order occurs when the Customer confirms the order in the “shopping cart” and processes the payment, the Client will receive, an e-mail from mtorresnetwine to acknowledge receipt of your order, under the terms indicated in the same e- mail address.
For Customers residing outside the EU, before placing the order, they should request, by e-mail sent to firstname.lastname@example.org, the reservation of the intended article by the price defined indicating their address, waiting for mtorresnetwine’s reply mail with the information on the costs of transport and shipping to the address of the recipient, as well as details of the bank payment.
mtorresnetwine’s offer is limited to the products listed on its website www.mtorresnetwine.com.
PAYMENT OF ORDERS
The payment of the orders will be made by credit card, through the interbank transfer system, Multibanco or paypal.
If the customer wishes to pay by credit card, with the confirmation of the order will be immobilized immediately the amount equivalent to the total price of the order. The fixed amount will be automatically converted into the final payment of the order upon delivery and acceptance by the Customer.
In case the customer wishes to pay through the Multibanco system (national orders), a payment guide will be issued, which must be paid through the same system, within the 24-hour deadline and that will be included in the guide. Mtorresnetwine will process the order after confirmation of the payment made by the Bank in which its bank account is located. If payment is not made within the time limit, the order will be automatically canceled by mtorresnetwine.
DELIVERY OF ORDERS
The delivery of orders is guaranteed by mtorresnetwine, in the exact terms contained in the order and data provided by the Customer in the terms described in the previous clauses.
Mtorresnetwine orders are usually carried out by CTT or a carrier. In general, an order takes 48 hours to deliver in Continental Portugal, 3 working days in Europe and between 5 to 7 days in the rest of the world.
The delivery time of the orders depends on the availability of the product or products requested and the means of payment. Products paid by credit card are delivered within three business days of order confirmation. The products paid by the Multibanco system are delivered within five business days counting upon the order confirmation. Export orders may take longer.
The orders will be delivered to the delivery address indicated by the Client and will be held on the ground floor of the delivery address, indicated by the Client in the delivery data of the order, from Monday to Friday, except public holidays, between 09.00 and 18:30, or on the respective floor, in the case of an apartment and provided there is an elevator.
By address is the delivery address indicated by the Customer in the mtorresnetwine registration form. If delivery can not be performed, the carrier will contact the Customer to try to agree on a new date.
If mtorresnetwine can not deliver a client order in whole or in part for immediate despatch, the customer will be contacted in order to decide the most appropriate procedure to solve the situation.
The additional charges resulting from errors and changes subsequent to the ordering of the address will be fully borne by the Customer.
The transfer to the Customer of the risk related to the products acquired occurs at the moment of the receipt of the products by the Client, or by a third party by the indicated one, running up to that moment, the risk on behalf of mtorresnetwine.
All products are covered by transport insurance, the price of which is included in the shipping costs.
All claims of Customer relating to delivery or product quality shall be communicated to mtorresnetwine through the process defined herein.
If the product is damaged during delivery, the buyer must inform mtorresnetwine within 14 days after receipt of the product, in writing, through the contacts referred to herein.
The return of products must be made in its packaging and in the original state, reserving mtorresnetwine the right not to admit said return if the product is not in its original packaging and condition.
The Client shall have the right to opt for the termination of the contract.
In the event that the product is found to be defective, Customer shall be responsible for payment of all transportation costs to which the return will result.
All products sent by mtorresnetwine must be inspected by the customer immediately upon receipt. If any imperfection or damage is detected in the product, the customer must return it to the transport company, justify the reason for the return in the delivery note and notify mtorresnetwine immediately.
The Client shall have a period of 14 working days to terminate the contract in writing, through the contacts referred to herein, without incurring in the payment of any compensation or expense.
The products must be returned in their original packaging and condition, in a place to be indicated by mtorresnetwine after the communication of resolution referred to in the previous clause, and mtorresnetwine reserves the right not to admit said return if the product is not in its packaging and original condition, in particular the bottling of the same has been violated.
Following the termination of the contract and the return of the product in the terms referred to in the preceding clauses, the amount paid by the Customer will be refunded.
Mtorresnetwine may without prior notice and unilaterally:
Modify the prices established on your page, which will have no effect on orders already confirmed by mtorresnetwine.
Modify the delivery times of the products according to their availability.
Change the contents of the page.
Mtorresnetwine shall not be liable for contractual changes and damages resulting from such changes, which may result from situations of force majeure, such as blocking telecommunications, natural disasters, blocking means of transport or supply, total strike or partial, as well as legislative or regulatory changes, rendering totally or partially impossible the provision of the services provided for in these general conditions.
If any part or provision of this Agreement shall be deemed null and void, the remaining provisions shall remain in force and their overall validity shall not be affected unless it can be concluded that the parties would not have agreed to the provision service or supply of the product had the provision in question been void or ineffective.
Any communications addressed to mtorresnetwine should be made to the following contacts:
Mercearia M Torres, Lda.
Av. Dr Artur Cunha Araújo, 310 4480-667 Vila do Conde
Fax: 252 642 785
Mtorresnetwine reserves the right to block access to any users who use the mtorresnetwine site improperly or irregularly or otherwise in any way constitute a current or potential threat to the normal functioning of the site, our good name or the any third party.
All disputes arising out of the interpretation or execution of this Agreement shall be settled by the Judicial Court of Vila do Conde, with express waiver of any other dispute.