Terms and Conditions
This page describes the terms and conditions of use of the Adega da Herdade da Comporta sales website accessible at www.adega.herdadedacomporta.pt and hereinafter referred to simply as the “website”.
By accessing our site and in order to use the site and the services we offer on it, the User must accept our Terms and Conditions presented here.
This site and the respective service and system for the sale and purchase of products through this web page or site are the property of:
Herdade da Comporta Actividades Agro Silvícolas e Turísticas, S.A.
NIPC 506869806
Head office: Espaço Comporta, EN 253, km 1, 7580 – 610 Comporta
E-mail: loja@herdadedacomporta.pt
These Terms and Conditions apply to all users who access this site and wish to purchase 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 done, in the manner indicated below on this site, is considered, for all intents and purposes, to be full, voluntary and fully conscious acceptance.
Prior to the registration process, the User must read and understand these Terms and Conditions and must accept them in order to be able to register and, thereafter, to be able to use the site and our services, namely to make purchases and place orders for our products presented on the site for this purpose.
The User’s acceptance and registration necessarily implies acceptance of the procedures indicated in these terms and conditions, and those indicated on our website with regard to each step of use, ordering, purchasing, payment and delivery of our products, and also on the conditions of access and its reservation, on the provision, obtaining, use, processing and protection of personal data, in accordance with the Law and the respective EU Regulation.
The User must pay attention to these terms and conditions throughout their use of our website and our services, as they contain important information on the rules governing the Users’ relationship with us, the procedures to be carried out, the process of offering and ordering and purchasing our products made available on the website, as well as the manner and purpose of providing, obtaining and processing the Users’ personal data, and their rights.
The Terms and Conditions may be amended as a result of our commercial policy and management of the site, and in accordance with the law, and we therefore reserve the right to unilaterally amend or modify these Terms and Conditions, which will be publicised on this site as soon as possible, and only then will the new rules come into force.
ESSENTIAL USER DECLARATION:
Access, registration and use of this website, in particular the purchase or ordering of our products and services presented on this website, are prohibited to minors and persons who do not have the legal capacity to contract.
Accordingly, by accepting these Terms and Conditions, the User, as a natural person, even if doing so on behalf of a legal entity, truthfully, expressly and knowingly declares that they are a person of legal age and that they have the legal capacity to contract in accordance with Portuguese law.
IMPORTANT: If the User is a minor or incapacitated person, and requests or acquires or orders any product or service presented and made available on this website, or makes any payment, these acts will be considered to have been carried out by the respective parents, holders of parental responsibilities, guardians or curators, as the case may be, and they will be responsible for such acts, for any contracts, orders, purchases, or payments or use of means of payment, carried out by users who are minors or incapacitated persons, and will also be responsible for any payments inherent to such acts that are due to us.
PRIVACY POLICY
The use of this website presupposes acceptance of the rules on privacy and the processing and protection of personal data, under the terms of the law, and the right of Users to access and rectify their personal data is guaranteed.
The guarantee of the confidentiality of the personal data of users, clients or visitors to our site, and its processing and use in an absolutely lawful and transparent manner, for the realisation of the services provided by this site, are important principles and rules ensured by this site and the company that owns it.
PROTECTION OF PERSONAL DATA
All personal data relating to natural persons will be collected, processed and used, and their confidentiality and security ensured, in accordance with the applicable Law: Law no. 58/2019, of 8 August (Personal Data Protection Law) and EU Regulation 2016/679 of the European Parliament and of the Council, of 27 April 2016 (General Data Protection Regulation).
Personal data and all personal information provided by Users or collected by the site is intended and will be used to provide access to the site and help users make their visit to our site as productive, easy and enjoyable as possible, to be able to purchase or order the products made available through the site, and to be able to learn about and be informed of our products, events and news.
Under the terms of the law, the grounds for collecting, accessing, processing and using the personal data of users of the site are also their consent, the execution of contracts for the sale and purchase of goods and for their delivery, pre-contractual steps, the legitimate interests and rights of the site and the company that owns it and the fulfilment of legal obligations.
The personal information collected may include the User’s name, date of birth, address and tax number, e-mail address, telephone number and/or mobile phone number, the name or business name of an entity or legal person and its tax number or legal person identification number (NIPC), activity and registered office, as well as other personal data of natural persons, or information, including company information, specifically for the purposes of invoicing and the dispatch and delivery of products, order registration, preferences and satisfaction of users and customers of the website.
The User authorises the collection, processing and use of their personal data and other information concerning them, as referred to above, and authorises the sending of unsolicited communications and information by them, through the use of electronic or remote communication techniques, and in accordance with the law, which they express with their agreement on the website.
PURCHASING PRODUCTS
How to buy a product at www.adega.herdadedacomporta.pt
(Before registering you should read our Terms and Conditions on the home page)
You must register by completing all the fields.
On the home page, you can choose the product you want from the various categories and add it to your basket.
Choose the quantity of products you want.
Confirm your details and choose your payment method (ATM, bank transfer, PAYPAL or MB WAY).
You will receive an e-mail confirming your order.
If you pay by ATM, the references are valid for 48 hours, after which time the order will be cancelled.
If payment is made by bank transfer, you must send proof to the following e-mail address: loja@herdadedacomporta.pt within 48 hours, after which time the order will be cancelled.
PRICE AND PRODUCT CHARACTERISTICS
The prices indicated on this site, unless otherwise stated, are valid only for the date on which they are advertised, and remain in force for the customer who makes the purchase on that day, even if they receive the items purchased at a later date. All items featured on this site are subject to stock availability at the time the item is collected from the warehouse.
Unless there is a spelling or publication error, the prices are expressed in Euros and include the VAT rate in force, delivery costs are not included. And in the event of an error in the price or designation of characteristics, sizes, weights or measures, we can only undertake to cancel the sale and refund the total amount paid by the customer immediately.
Product prices may be subject to change without prior notice.
SHIPPING COSTS
To the prices shown on the products must be added the respective shipping costs which, for each order, are calculated on the basis of the transport cost associated with the country of delivery.
The cost of transport depends on the weight of the order and its delivery destination. This shipping cost can be simulated within the shopping basket with the desired products added and by filling in all the required fields of the simulator.
The total postage will also be automatically calculated and indicated when you place your order in the online shop. Please note that the instalments in this calculation may vary and change without prior notice.
CONDITIONS FOR MAKING THE SALE
The contract for the purchase of products will only take place if Monte da Comporta – Actividades Hoteleiras, Turísticas e Culturais, Lda. can confirm and successfully 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 DISPATCH
All the images and graphic representations on the site, namely the photos and images of the products, their shapes and colours, bottles, labelling and packaging, may not correspond to reality, as they are representations and the settings of the cameras or capture or reproduction, flash, etc., or the sharpness of the monitor may alter the definition of the colours, shapes and characteristics of the products and other elements. The images posted here by Herdade da Comporta, S.A. endeavour to be as representative of reality as possible. To avoid purchasing a product or colour that you don’t want, please research the product and its colour and other characteristics, or contact Herdade da Comporta, S.A. for more information.
The product will be dispatched as soon as payment is confirmed and registered.
Mainland Portugal: Daily dispatches, with reference to 75% of orders, dispatch is expected within 24/48 hours (*) unless there is a stock shortage.
For the remaining 25%, it may take up to 12 working days (*) Unless we run out of stock.
The order will be dispatched from our warehouse within 24-48 hours of the order being placed, provided that all the products included in the order are in stock. From that moment on, it may take another 24-48 hours for the carrier or CTT to deliver the order to its destination, or the time indicated by the carrier or CTT for this purpose.
Goods are only delivered on working days (Monday to Friday).
(*) Dispatch and delivery times are indicative and are therefore valid provided that there is no anomalous situation, unforeseen force majeure, or any error in the delivery address. Please note that it is only possible to change the delivery address if your order has not yet been dispatched by our warehouses.
Autonomous Region of Madeira and the Azores: Daily dispatches with reference to 75% of orders and expected delivery within 24/48h (*) For the remaining 25% it may take up to 12 working days.
(*) Delivery times are indicative and are therefore valid provided there are no unforeseen circumstances of force majeure or any error in the delivery address. Please note that it is only possible to change the delivery address if your order has not yet been dispatched by our warehouses.
The order will be dispatched by our warehouse within 24-48 hours of registering the order on the website, and provided that it is valid and error-free, including the place of delivery of the order, and when all the products included in it are in stock, barring any anomalous situation, unforeseen force majeure, or any error. From that moment on, it may take 8 to 12 days for CTT to deliver the order to its destination, or the time indicated by the carrier or CTT for that purpose.
Goods are only delivered on working days (Monday to Friday).
Deliveries are not made to PO boxes.
The order may be sent by a carrier other than the one chosen by the customer, as long as the delivery time is the same or shorter and does not interfere with the cost of postage.
CANCELLATIONS / RETURNS / EXCHANGES AND GUARANTEES
The Customer may cancel their order at any time up until it is dispatched, with the right to a refund of all sums paid. Once the order has been received by the Customer, he/she may exercise the right of return as soon as all the conditions have been met.
Exchanges or returns can only be made and accepted, under the law and in accordance with the conditions indicated on this site, if the product is completely intact, without any signs of handling or use, and with original packaging without any damage, and in both cases in saleable condition. Returns will not be accepted for products whose packaging is damaged, written on or has labels attached (e.g. carrier labels, missing protections, etc.).
To return a product, the customer must comply with the conditions set out on this website and send the complete item, duly labelled with the order number and your details, including for the return of the amount paid, to our premises within a maximum of 14 days of receiving the purchase. The customer may be charged administrative and banking costs.
If the return fulfils the requirements and can 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, minus the shipping costs, within 14 days of receipt of the correct return of the product with the identification of the order number and indication of the IBAN for crediting the refund.
The cost of the exchange or return will be borne by the customer.
The customer will only be reimbursed once the product has been checked upon arrival at our premises.
In the event of a return, the customer will be charged administrative and banking costs of 3%, provided that the customer has paid by Multibanco, PayPal and MB WAY.
Once this period has elapsed, the customer purchasing the product may activate the guarantee. To return, exchange or activate a guarantee, please email loja@herdadedacomporta.pt the form that must be sent with the product. Products that are not accompanied by this correctly completed form will not be accepted.
We cannot be held responsible for any loss of postage, so we advise you to send it by registered post. Any returns sent to our premises without an order number will not be processed.
WEBSITE FUNCTIONALITY AND AVAILABILITY
Herdade da Comporta, S.A. reserves the right to alter, limit or cancel the functionalities of the website at any time, provided that these are not necessary to fulfil purchase contracts that have already been concluded. Although Herdade da Comporta, S.A. endeavours to provide its service without technical problems, the possibilities of use may be limited and/or temporarily interrupted, namely due to maintenance work, updates and/or other problems. Data losses may occur. Herdade da Comporta, S.A. therefore assumes no guarantee regarding the availability of the service or the absence of technical problems or loss of data that do not directly concern it.
COPYRIGHT
Herdade da Comporta, S.A. reserves all copyright and other rights inherent to its ownership, industrial property rights and the right to use and dispose of this website and the content and service provided through this website, and the products and all their components, images, models, labels, names, designs, insignia and trademarks of the company, Herdade da Comporta, as well as the content, information, images, videos and databases in its domain or published by its means – which are assets and rights considered to be “protected property” of Herdade da Comporta, S. A. and which are designated as such on this website and for all purposes. A. and which on this website and for all purposes are designated as such.
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 authorisation from Herdade da Comporta, S.A.
ALTERATION OF THE CONDITIONS OF USE
Herdade da Comporta, S.A. may update and alter these terms and conditions of use in order to respond to legal requirements, or its commercial activity and policy, or changes in operation, to be applied after the respective publication or information on this website. The user can consult the current conditions of use in force and practised on this website at www.quintaferreiradebaixo.pt.
PARTIAL INVALIDITY
In the event that a present or future provision of the contract is or becomes, in whole or in part, ineffective/null and void or unenforceable, the validity of the remaining provisions of this contract shall not be affected, provided that the performance of the contract, taking into account the following regulations, does not represent an obligation for one party that cannot be enforced. The same applies if, after the contract has been concluded, there is a gap that needs to be filled. The parties shall replace the ineffective/null/unenforceable provision or the gap that needs to be filled by an effective provision which, in its legal and economic content, corresponds to the ineffective/null/unenforceable provision and to the overall purpose of the contract.
APPLICABLE LAW / JURISDICTION
This contract is subject to Portuguese law.
For all matters arising from this Contract, the parties elect the jurisdiction of the District Court of Setúbal.
DISPUTE RESOLUTION
Consumer Notice
(under Law no. 144/2015, of 8 September)
In accordance with Law no. 144/2015, of 8 September, this page lists the Consumer Conflict Arbitration Centres recognised by the Directorate-General for Consumers, which you can use in the event of a dispute with our company arising from the offer of products and services on our website.
SUGGESTIONS FOR ALTERNATIVE DISPUTE RESOLUTION ORGANISATIONS:
CNIACC – National Centre for Information and Arbitration of Consumer Disputes.
Consumer Disputes – 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 so by following the link on the website to the Electronic Complaints Book Platform.
If you are dissatisfied and wish to make your case, you can do so by contacting the Alternative Dispute Resolution Organisation in your area.
APPLICABLE LAW
These General Terms and Conditions of Sale and all disputes arising in connection with these general conditions, including their validity, the use of the online shop www.adega.herdadedacomporta.pt or any purchase therein shall be governed by Portuguese law.
In the event of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, Herdade da Comporta, S.A. and the Buyer undertake to endeavour to reach an amicable solution, which is fair and adequate, within a maximum of 60 (sixty) days from receipt of the communication addressed to that effect 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-em-linha. To find out about registered Alternative Dispute Resolution organisations, see the Consumer Portal at www.consumidor.pt.
In the absence of an amicable solution, under the terms of the previous paragraph, and in the event of non-compliance with these General Terms and Conditions of Sale, both parties agree that the Civil Court of Setúbal shall have jurisdiction, expressly waiving any other jurisdiction.