Terms and Conditions
Scope:
a) These general conditions are intended to regulate the terms and conditions that will govern the purchase of products and services through the online store operated by António Caetano de Sousa e Faria Girão, ENI. with registered office at QUINTA DAS TORRES - OLIVEIRA 5040-211 MESÃO FRIO, Portugal, registered at the Commercial Registry Office of Vila Real with the unique registration number and NIF: 164796606 together with the other elements referred to therein. The telephone contact for Consensual Douro Wines is as follows: +351 913 877 807.
b) The purchase of any product from the Consensual Douro Wines Online Store implies acceptance of these general terms and conditions of sale, which the Customer assumes to have read and accepted in full. Consensual Douro Wines reserves the right to change these Terms and Conditions of Use without prior notice.
c) Any and all alcoholic beverages available for sale in the Consensual Douro Wines Online Store may only be purchased by people who are of legal age to do so in their country of residence.
Contract:
a) The information contained in these Terms and Conditions does not constitute an offer to sell, but rather an invitation to contract, and therefore no contract will exist between Consensual Douro Wines and the Customer before the order is expressly accepted by both parties.
b) After placing an order, the Customer will receive an email confirming their order.
c) However, this does not mean that your order has been automatically accepted by Consensual Douro Wines.
d) The Customer will be informed of the acceptance of their order via an email confirming the shipment of their order.
Product Availability:
a) Consensual Douro Wines does not guarantee that the products displayed in the Online Store are available at the time the order is processed, as the order is only processed after confirmation of the respective payment.
b) Consensual Douro Wines will immediately inform the Customer in the event of absolute unavailability of stock of the product ordered, reserving the right to provide the Customer with information about possible substitutes.
c) If the Customer chooses not to order the replacement, Consensual Douro Wines will refund any amounts paid by the Customer, within a maximum period of 15 (fifteen) days after notification of the cancellation.
Information about Products, Prices and Contents:
a) Consensual Douro Wines reserves the right to change, at any time and without prior notice, the information and commercial offer of products, prices, promotions, commercial conditions and services.
b) The images that illustrate individual Consensual Douro Wines products may differ from the product subsequently delivered, and are also subject to stock shortages.
c) Under Portuguese law, all prices presented on Consensual Douro Wines include the respective VAT rates in force, unless otherwise stated.
Orders, Returns and Payment:
a) After confirming the order in the Consensual Douro Wines online store, an email will be sent to the contact address registered in the store by the Customer when formalizing the order, indicating details about delivery, billing, payment information, products and values.
b) Consensual Douro Wines suggests that all its customers confirm the details of the same.
c) If the Customer does not receive the order confirmation email, please contact Consensual Douro Wines by email to info@consensualdourowines.com .
d) If the Customer requires clarification or changes to the order and, provided that the order has not yet been shipped, the Customer is requested to contact Consensual Douro Wines via the email address indicated above as soon as possible so that the change requested by the Customer can be made.
e) Changes to the details of orders already shipped will have to be analyzed by the Consensual Douro Wines team so that the most appropriate solution can be found together with the customer.
f) Any and all orders placed on the Consensual Douro Wines Online Store will only be processed after payment has been received. The formalization of the order alone does not constitute a reservation of the products.
g) If the order cannot be fulfilled, in whole or in part, Consensual Douro Wines will immediately contact the Customer in order to find the most appropriate solution.
h) Any order placed at Consensual Douro Wines has a maximum payment period of 15 (fifteen) days, after which the order will be automatically cancelled.
i) Orders may be cancelled when expressly requested by the Customer via the email address indicated above before they are dispatched.
j) Payment methods for orders placed through the Consensual Douro Wines online store are via Multibanco Reference, MBWAY (both for customers with a bank account in Portugal), Bank Transfer and Paypal.
k) Payments will be received in EUROS, regardless of the currency in which the transaction is made, and the Customer must bear any and all costs associated with conversion rates for payments made in other currencies.
l) The status of orders placed in the Consensual Douro Wines Online Store comprises 3 phases: 1) Pending: Waiting for payment to enter the Consensual Douro Wines system, 2) In Processing: Phase in which payment has already been received and the order is being processed and packaged/prepared and 3) Completed: The order has already been dispatched/sent. Exceptionally, a waiting phase may only be implemented if Consensual Douro Wines is awaiting additional confirmations from the Customer to proceed with the order.
Shipping and handling costs:
a) For each order, the prices shown for the products are increased by the respective shipping costs, which are calculated based on the sum of two factors: the packaging cost and the shipping cost. The packaging cost varies according to the weight and the shipping cost depends on the weight of the order and its delivery destination, which can be simulated in the shopping cart by adding the desired products and filling in the other fields requested for this purpose. The total shipping cost will also be calculated automatically when the order is placed in the Online Store. It should be noted that the factors for calculating the costs mentioned above may vary and be subject to change without prior notice.
Delivery:
a) Without prejudice to the provisions of clause 4, Consensual Douro Wines will make every effort to send the order by the scheduled date.
b) However, delays may occur due to unforeseen circumstances or related to the geographical delivery area.
c) Any delay in the dispatch of the order, in relation to the estimated delivery time presented, does not give the Customer the right to any compensation.
d) The Customer will be informed if Consensual Douro Wines, for reasons beyond its control, becomes aware that it will not be able to meet the estimated delivery deadline, and may cancel the order and receive a refund of the amount paid.
e) The order is considered “delivered” on the day on which the Customer or any third party indicated by the Customer, with the exception of the carrier, acquires physical possession of the good or on the day on which the Customer or any third party indicated by the Customer, with the exception of the carrier, acquires physical possession of the last good, in the case of several goods ordered by the Customer in a single order and delivered separately.
f) If it is not possible to deliver to the Customer or third parties at the indicated delivery address, a note will be left indicating the location of the order and how a new delivery can be requested, without prejudice to any costs relating to the storage of the product being charged.
g) Consensual Douro Wines declines any responsibility in the event of violation of the legislation of the country where the order is delivered (in particular, regarding the prohibition of importing alcoholic beverages), and the Customer is solely responsible for checking with the local authorities the import conditions of the product he/she intends to order.
h) For orders to be sent to the requested address, the shipping option must be chosen – National Shipping (in the case of Portugal) and International Shipping (in the case of other countries outside Portugal).
i) In general, after dispatch, an order from Consensual Douro Wines takes approximately: 1 working day in mainland Portugal, 2 to 3 working days in mainland Spain, 2 to 7 working days in the rest of Europe, 15 to 30 days in the rest of the world.
j) After the orders have been dispatched, shipping tracking will be available in the account of customers who have placed the order with registration and a notification will also be sent via email with information on the link to track the shipping to all registered and unregistered customers. If for any reason the Customer does not receive shipping confirmation, they should contact Consensual Douro Wines using the contact details above and request that all available information about the shipping of the order be sent again.
k) After notification of shipment, customers must monitor the status of the shipment through the link provided by Consensual Douro Wines, so that they are aware of the progress until the moment of delivery of the order, since Consensual Douro Wines does not notify each change in the status of the shipment.
l) All products sent by Consensual Douro Wines must be checked upon delivery. If the Customer finds that the order is damaged, he/she must immediately return it to the transport company, duly justify the reason for the return on the carrier's delivery note and immediately notify Consensual Douro Wines using the contact details above.
m) If, after delivery, the Customer finds that any of the items are not in compliance, they are requested to immediately contact Consensual Douro Wines via the aforementioned email address, indicating the order number or the number of the document that accompanied the order, attaching images of the packaging as received and of all the items for analysis so that the situation can be resolved as quickly as possible.
n) Consensual Douro Wines 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 have their orders seized, as well as to pay customs fees, if any. In the event of the return of products, Consensual Douro Wines will only refund the amount corresponding to these products. In case of doubts, the Customer may contact Consensual Douro Wines before ordering.
Returns:
Consensual Douro Wines recognizes all its customers the right to terminate contracts entered into with it, allowing them to return, within a period of 30 (thirty) days, the products purchased under the terms of Decree-Law No. 109-G/2021 and Decree-Law No. 84/2021, of December 10, 2021.
For exchanges or returns, the Customer is requested to contact Consensual Douro Wines via the email address mentioned above, indicating the order number or the document that accompanied it, taking into account the conditions detailed below in the following topics:
a) To return an 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 incorrect shipments will be permitted, with Consensual Douro Wines being responsible for shipping and collection costs whenever the Customer communicates this circumstance within 30 (thirty) days from the date of receipt of the product.
c) Once the goods have been received at our facilities and after validating their condition, the amount will be refunded in accordance with the payment method used by the customer, or another solution previously agreed with the customer.
Consensual Douro Wines assumes responsibility for defects in the origin or raw material of the product purchased and if this is confirmed by the specialized team at Consensual Douro Wines, the product will be exchanged or returned.
In the event of exercising the right to freely terminate the contract, the Customer must return the item(s) to Consensual Douro Wines within 14 days of being notified of the decision to terminate the contract, under the terms provided for by law, bearing the cost of the return, when requesting a different and more expensive delivery method than the commonly accepted and less expensive method proposed by Consensual Douro Wines.
Consensual Douro Wines will not accept returns of products after they have been used, or if they have been altered or modified.
Consensual Douro Wines is not responsible for deficiencies resulting from incorrect use, negligence, poor storage conditions or force majeure.
User Responsibility:
a) Consensual Douro Wines is not responsible for the veracity of any information, image, contribution or other materials that customers provide through the use of the online store website .
b) The Customer undertakes to make prudent, careful and responsible use of the online store website , and not to use it in a manner that could imply the violation of rights or legally protected positions of Consensual Douro Wines or third parties. c) The Customer will indemnify Consensual Douro Wines for any claims, sanctions, fines, sentences or embargoes resulting from the non-compliance with intellectual and industrial property laws in the use of the website , as well as for any damage caused to third parties whose fault or negligence is attributable to the User.
d) The Customer is solely responsible for any damage or loss, including loss of data, caused to his/her computer system and/or equipment resulting from the use of materials, content or software available on the website , unless he/she proves that they were caused intentionally or with gross negligence by Consensual Douro Wines.
e) Consensual Douro Wines is not liable for any damages or losses that may result from: (i) the operation of the customer's computer system and/or equipment, (ii) difficulties in using the website caused, in particular, by delays, interruptions, errors, interference or suspension of communications, viruses, bugs or malfunctions, (iii) delays caused by deficiencies or overloads of Internet traffic or other electronic systems, (iv) illegitimate actions by third parties, errors or security deficiencies caused by the use of outdated or insecure equipment or browsers , failures of the electronic communications services used by the User, as well as damages, errors and inaccuracies that may result from their malfunction.
Forum and communications:
a) These Terms and Conditions are governed by Portuguese law.
b) The parties hereby agree that any dispute or disagreement arising from the interpretation or application of the Terms and Conditions will be submitted to the Judicial Court of the District of Vila Real, with express waiver of any other, even if the Customer is outside Mainland Portugal.
c) All communications to be made by Consensual Douro Wines will be sent to the email address indicated by the Customer in the Registration process or used as a credential in the authentication system used by the Customer.
These general online sales conditions may be changed without prior notice and should therefore be consulted before placing any order.
Online Complaints Book
Consensual Douro Wines provides an Online Complaints Book.
Without prejudice, if you have any questions or just want to give us a compliment, you can do so by emailing info@consensualdourowines.com . All comments and suggestions from our customers are welcome.