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Terms and Conditions


Object

These General Conditions, as of September 2019, are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the services of the online store CELLAR45 - E- COMMERCE DE VINHOS, LDA., Headquartered in Caminho da Gateira no 702, 4900-066, Afife, Viana do Castelo, under the unique registration and corporate identification number 514 973 595, with the registered capital of 500,00 € ( EUR), hereinafter referred to as CELLAR45.

Purchasing any product from Cellar45's online store implies acceptance of these Online Terms and Conditions.

Any and all alcoholic beverages available for sale in the online store may only be purchased by persons of legal age in their country of residence.

Product, Price and Content Information

Cellar45 reserves the right to modify, without prior notice and at any time, the information and commercial offer presented about: products, prices, promotions, commercial conditions and services.

The images illustrating each product on Cellar45 may differ from the product subsequently delivered, and these products are also subject to stockout.

Despite Cellar45's efforts, some products may be priced incorrectly, which is why the company checks prices every time it handles orders. Consequently, the prices quoted at Cellar45 are purely indicative and do not constitute a contractual offer.

Under Portuguese law, all prices displayed on Cellar45 include their applicable VAT rates unless otherwise stated.

Order and Payment

Upon confirmation of the order in the online store, an email will be sent to the contact address registered by the customer at the time of formalization, with all details about delivery, invoicing, payment information, products and values. Cellar45 suggests that all customers confirm their details. If the customer does not receive the order confirmation email, he / she is requested to contact us via the following contacts to have this notification sent back to the customer's email address.

If any of the details entered by the customer in the order are incorrect and / or the customer wishes to change any information, the customer is requested to contact us using the form at  contacts as soon as possible to make the requested change.

All orders at Cellar45 will not be processed until the payment has been received. The formalization of the order itself does not constitute a reservation of the products.

If an order cannot be fulfilled in part or in full, the customer will be contacted immediately to find the most appropriate solution.

All orders placed on the Cellar45 website have a maximum payment term of 15 consecutive days. After this deadline, the order will be automatically canceled.

Orders may be canceled when expressly requested by the customer using the form at contacts, prior to shipment of orders.

Payments are accepted through the online store through ATM Reference, MBWAY (both for customers with a bank account in Portugal), Bank Transfer, Debit and Credit Cards VISA, MASTERCARD and AMERICAN EXPRESS.

The order statuses on Cellar 45 are comprised of 3 phases: Pending, In Process and Completed.

a) Pending - Awaiting payment entry into the system;
b) Processing - The stage in which the payment has already been received and the order is in processing and packing / preparation;
c) On hold - Awaiting customer confirmation to proceed with order. (Exceptional).
d) Finalized - The order has already been shipped / shipped.

Payments are received in euros, regardless of the currency with which the transaction is made, the conversion rates of payments made in other currencies will be borne by the customer.

Shipping costs

The prices shown on the products add the respective value of postage, each order, and if eligible. Shipping cost depends on the weight of the order and its delivery destination. This value of postage can be simulated inside the shopping cart with the desired products added and filling in all required fields of the simulator.

The total postage will also be automatically added if eligible) when placing your order in the online store. It should be noted that the factors of this calculation may be variable and change without notice.

Free Deliveries

Are eligible for delivery with free shipping, orders that total the following:

€ 40 for deliveries in Mainland Portugal;
€ 75 for deliveries in Continental Spain;
- € 250 for deliveries to Madeira and Azores Islands;

Shipments and Deliveries

For orders to be shipped to the requested address, the shipping option - National Shipping (in the case of Portugal) and International Shipping (in the case of other countries outside Portugal) must be chosen.

In general, after shipment, an order is delayed to be delivered:

- Up to 24 hours in mainland Portugal and mainland Spain;
- Between 5 to 9 working days in Madeira and Azores;
- Up to 4 working days in Spain (Islands);
- About 5 working days in the rest of Europe;
- About 7 business days in the rest of the world.

After shipment of orders, shipment tracking information will be available in the account of customers who have placed the order with registration and an email notification with the shipment tracking link information will also be sent to all registered customers and not registered.

After shipment notification, customers should follow the shipping status through the provided link, so that they are aware of the state of progress until the time of delivery of the order, as we do not notify each shipment status change.

All products shipped must be checked upon delivery. If the customer finds that the order is damaged, he / she must return it immediately to the transport company, duly justify the reason for the return on the carrier's delivery note and immediately notify Cellar45 using the form on  contacts, mentioning the order number.

If after delivery the customer finds that any of the items are not in compliance, please contact us immediately using the same form indicating the order number or the document number that accompanied the order, attaching images of the package. as received and all articles, so that the process of investigation of the occurrence is opened and the situation can be resolved as soon as possible.

Cellar45 is not responsible for shipments made to countries where the respective law does not allow the entry of alcoholic beverages. Customers are responsible for any seizure of their orders, as well as payment of customs fees, if any. In case of return of the products Cellar45 will refund only the respective amount to these same products. If in doubt the customer can contact us before ordering.

Cellar45 has contracted services with specialized carriers for delivery in Portugal, Europe and most countries of the world. Every effort is made to meet shipping and delivery times, however, it is noted that possible delivery delays may be unrelated to Cellar45 and in such cases it is not possible to guarantee exact delivery times.

Most deliveries are made during office hours on working days at the shipping address indicated by the customer when submitting the order.

In the event of an unsuccessful delivery attempt by the transport company due to absence, a transit advice note is always left in the customer's mailbox with the carrier's particulars. Depending on the service and the carrier, orders must be picked up at the location indicated by the carrier on the transit advice note, or the directions required on that advice should be followed.

If for some reason the customer cannot receive the order or pick it up at the location indicated by the carrier, the customer is asked to contact us so that together they can find the most appropriate solution.

Applicable law

Cellar45 recognizes to all its customers the right to terminate its contracts, allowing them to return, within 14 (fourteen) days, the products purchased pursuant to Decree-Law No. 143 / 2001 and 82 / 2008 Decree Law of 20 / 05.

For exchanges or returns, the customer is asked to contact us indicating the order number or accompanying document, taking into account the conditions detailed below in the following topics:

a) To return the order, the product must be in perfect condition, and where appropriate with its original packaging, accessories or promotional offers included, and accompanied by proof of purchase or invoice.
b) Return of defective products and wrong shipments will be accepted, Cellar45 being responsible for the costs of shipping and collection whenever the customer reports this within 14 (fourteen) days from the date of receipt of the product. .
c) Once the goods have been received at our premises and after validating their condition accordingly, they will be returned in accordance with the payment method made by the customer, or another solution previously agreed with it. .

Cellar45 assumes the responsibility arising from defects of origin or raw material of the purchased product and if confirmed, the product will be exchanged or returned at no cost to the customer.

We will not accept return of the product after use, or if it has been changed or modified.

We are not responsible for any deficiencies resulting from misuse, neglect, poor storage conditions or causes of force majeure.

All purchases made on the Cellar45 website are subject to Portuguese law. Any conflict or divergence of interpretation of the General Conditions of Online Sale will be submitted to the competent Portuguese Court.

If the Customer is outside mainland Portugal, we inform you that any legal proceedings must be brought exclusively to the Portuguese Courts.

Under the terms and for the purposes of art. 18 of Law No. 144 / 2015, of 8 of September, it is reported that the entity available is the Centro de Arbitragem de Conflitos de Consumo do Porto, with the following contacts:

Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
Phone: +351 225 508 349
Website: http://cicap.pt

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


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