Terms & Conditions

PREAMBLE

1. The Brind’Art brand and the online store www.brindartwines.com are owned by Divina Cepa Lda., VAT 513007270, with its registered office in Herdade da Azinheira, 7960-134 Selmes – Portugal.
2. These General Conditions of Sale Online are agreed between Divina Cepa Lda., Hereinafter referred to as “Brind’Art” and persons wishing to make purchases through the online store www.brindartwines.com hereinafter referred to as “Customer”.
3. These conditions apply exclusively to natural persons who are not traders, meaning any natural person acting for purposes that do not fall within the scope of their professional activity.
4. The parties agree that purchases made through the online store www.brindartwines.com will be governed exclusively by this agreement to the exclusion of any conditions previously available on the website.
5. These General Terms and Conditions of Sale can be changed without prior notice and should, therefore, be consulted before any order is placed.

ARTICLE 1 – OBJECT

1. The purpose of these General Conditions of Sale Online is to make available and define all the information necessary to the Customer on the modalities of ordering, selling, payment and delivery of purchases made at Brind’Art.
2. These conditions regulate all the steps necessary to carry out the order and guarantee the follow-up of this order between the Contracting Parties.
3. The present general conditions will not be applicable if it is verified by the type of order that the Customer is not an end consumer as defined in point c) of article 3 of Decree-Law no. 24/2014, of February 14.
4. Any and all alcoholic beverages available for sale at Brind’Art can only be purchased by persons who are of legal age in your country of residence.

 

ARTICLE 2 – INFORMATION ON PRODUCTS, PRICES, AND CONTENTS

1. Under the current Portuguese legislation, the prices presented in Brind’Art are in Euros and include the respective VAT rates in force.
2. Brind’Art reserves the right to modify, without prior notice and at any time, the information and commercial offer presented regarding its products, prices, promotions, commercial conditions, and services.
3. All products presented in Brind’Art are subject to stock availability.

 

ARTICLE 3 – ORDER

1.  The Customer orders through the online store of Brind’Art, selecting the articles from the online catalog presented and through the following process:
   a) To register in the online store of Brind’Art, making available the information requested therein (name, delivery address and billing, as well as the VAT, which for tax purposes, it intends to be included on the invoice) and read the Conditions General of Sale Online listed in Brind’Art online store;
   b) Add to the shopping cart the products you wish to order;
   c) Finalize the order by completing the requested fields;
   d) Proceeds to the payment of your order with the payment method selected, after receiving it in our system, your order will be processed and sent and you will receive our notifications of order confirmation and shipping.
2. Orders will only be processed after the actual confirmation of your payment, the order itself, does not constitute a stock of the products.
3. All orders have a maximum payment term of 15 days. After this deadline, the order will be automatically canceled.
4. The data on the invoice are the responsibility of the Customer. The invoice once issued cannot be reissued with changes.
5. In the event that Brind’Art is unable to supply a Customer’s order in whole or in part, Customer will be contacted immediately in order to find an appropriate solution to the situation.
6. Brind’Art reserves the right to cancel orders that originate incorrect values for computer errors, returning the amounts paid immediately to its customers.
7. The maximum limit of bottles per order at Brind’Art is 30 units, for orders of higher quantities, please contact us at the following email: encomendas@brindartwines.com

 

ARTICLE 4 – MEANS OF PAYMENT

1. Brind’Art makes available to its Customers the following means of payment:
   – Multibanco Reference
   – PayPal
   – Bank transfer
2. Brind’Art reserves the right to cancel any order whose validation of payment by any means, raise doubts or reservations.

 

ARTICLE 5 – SHIPPING COSTS

1. At the prices presented in Brind’Art are added the value of the costs of each order, which are calculated based on the weight of the order and the respective destination of delivery, the total freight will be automatically calculated at the time of placing your order, values change without notice.
2. The value of the goods can be simulated during the purchase process, with the desired products added and filling all the fields requested during this process.
3. For orders delivered in Continental Portugal, with a total value of more than 100.00€, the cost of transportation is free.

 

ARTICLE 6 – SHIPMENT OF ORDERS

1. Orders sent by Brind’Art are delivered by DHL, CTT or Chronopost and may also be delivered by other companies. Orders can be delivered in Mainland Portugal, Azores, Madeira and in all countries of the European Union. For deliveries to other countries, please contact us by the following email: comercial@brindartwines.com
2. The products ordered from Brind’Art are always delivered to the address that the Customer indicates when ordering, and the Customer is provided with all the information about the order in our order confirmation and shipping notifications.
3. Brind’Art does not deliver in Sections. If the Customer indicates as a delivery address a Section, it will not be processed. In these cases, Brind’Art contacts the Customer to change the delivery address in their registration data.
4. All products shipped by Brind’Art must be inspected by the Customer immediately upon receipt. If you find that your order is damaged, you must return it immediately to the transport company, justifying the reason for the return in the delivery note/bill and notify Brind’Art immediately through the following email: comercial@brindartwines.com
5. Brind’Art is not responsible for shipments made to countries in which the law does not allow the entry of alcoholic beverages, and it is the responsibility of the Client to seize the respective order, as well as the payment of customs fees if these exist. In case of return of the products, Brind’Art will only refund the respective amount of these products. If in doubt contact us before ordering by the following email: encomendas@brindartwines.com

 

ARTICLE 7 – RETURNS

1. Brind’Art recognizes to all its Clients the right of resolution of the contracts concluded with it, under the terms of article 10 of Decree-Law no. 24/2014 of February 14 and the Client must bear the return costs. To do so, the Customer must return his order within a maximum of 14 days from the date of his reception, contacting us through the Contact Form.
2. In the return request, the Customer is requested to indicate the order number or the document number that accompanied the order.
3. The returned products must be in perfect conditions of sale, that is, in the same state in which they reached the Customer’s hands.
4. Brind’Art accepts the exchange of any product purchased in its online store, which is contaminated or damaged, and for that purpose must return the bottle and cork concerned. Brind’Art is responsible for the shipping and collection costs, whenever the Customer communicates this circumstance within a maximum period of 14 days from the date of its receipt.
5. Upon receipt of the product at our facilities and after validation of the status of the product, the value will be refunded, and the refund will be made through the same payment method that was used by the Customer in the initial transaction or by bank transfer if the means of payment used does not allow it.
6. Brind’Art does not accept the return of any product after use, or if it has been modified or modified.

ARTICLE 8 – TREATMENT OF PERSONAL DATA

1. Cookies
   The Customer authorizes Brind’Art to treat in an automated manner the personal data provided in the purchase process, in particular, by the use of cookies. Cookies are files stored on your computer that allow you to improve the experience of using Brind’Art. Cookies can not contain viruses and are non-executable files, so they do not pose any security risk. Brind’Art uses cookies, for example, to store items in your shopping cart, your access data, or make personalized purchasing suggestions, allowing faster and more efficient navigation and eliminating the need to repeatedly enter the same information. The use of cookies can be blocked or limited to the settings of your browser (Internet Explorer, Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or others), however, you will lose the possibility of using all the features of Brind’Art. You can find more information about cookies at: www.allaboutcookies.org
2. Privacy Policy
   The processing of the data of the Client is made in compliance with the legislation on the protection of personal data. The same, subject to computer processing, will be included in our database and are intended for registration, statistical operations and presentation of other products and services, as well as institutional information, to be made available by Brind’Art. Your supply is optional and is guaranteed, under the law, the right of access, rectification, and cancellation of any data that directly concerns you, by writing, directly to the email comercial@brindartwines.com or to the constant postal address in these General Conditions of Sale Online. Although our online store www.brindartwines.com has secure areas, where information circulates encrypted, other personal data is circulating in an open network and not protected against possible deviations. Therefore, Brind’Art cannot be held responsible for the communication of access passwords, passwords, confidential codes and any sensitive information that could possibly be diverted.
3. 100% Safe Shopping
   Brind’Art guarantees that all purchases in its online store www.brindartwines.com are safe so that Customers do not have to worry about their purchase. All transactions are done through an encrypted secure server. At Brind’Art, the confidentiality of your Customers’ personal data is a slogan that we wish to preserve.

ARTICLE 9 – PROOF

The Parties agree that computerized records kept in Brind’Art’s secure computer systems provide proof of communications, orders, and payments made between the parties.

 

ARTICLE 10 – CONSERVATION AND FILE OF TRANSACTIONS

Orders and invoices will be archived on a reliable and durable medium to correspond to a faithful and lasting copy.

 

ARTICLE 11 – APPLICABLE LAW AND COMPETENT FORUM

1. All purchases made on Brind’Art are subject to Portuguese legislation. In order to settle any and all emerging conflicts, any contract entered into under these general conditions of online sale, will apply to Portuguese law, and its courts are competent for the resolution of disputes.
2. In the event that the Client is outside Continental Portugal, Brind’Art informs immediately that any legal proceeding must be exclusively established in the Portuguese Courts.
3. Under the terms and for the purposes of article 18 of Law no. 144/2015 of 8 September (RAL Law), we inform that the available ADR entity is the Consumer Conflict Arbitration Center of Lisbon, with the following contacts:
   Association of Consumer Arbitration Center of Lisbon
   Address: Rua dos Douradores, 108 a 116, 2º and 3º Floors 1100-207 Lisbon
   Tel .: 218807030 / Fax: 218807038
   Email: director@centroarbitragemlisboa.com
              juridico@centroarbitragemlisboa.com
   Website: www.centroarbitragemlisboa.com

 

Contacts:
You will be able to contact us whenever you need clarification, requests for additional information or sending suggestions, we will be happy to assist you.
By telephone: +351 963366883/ 962104648
By email: comercial@brindartwines.com