1.1 The present Terms and Conditions, updated in May of 2017, together with the order form document and any further documentation referred in these, will regulate the terms and conditions in which the Online Store Service of Garrafeira Nacional (Osório Silva e Ribeiro, Lda), sited in Rua de Santa Justa nº18, 1100-485, Lisbon, with company number 500 477 078 and share capital 9.975,96€, hereafter designated Garrafeira Nacional, will be provided.
1.2 The purchase of any product in the Online Store of the Garrafeira Nacional, implies acceptance of the present Terms and Conditions.
1.3 Every and any alcoholic beverages available for sale in our Online Store can only be acquired by a person of legal age in their respective country.
2. Product Information, Prices e Content
2.1 Garrafeira Nacional reserves the right to modify, without prior notice and at any moment, the information and commercial offer about: products, prices, sales, commercial conditions and services.
2.2 The images that illustrate every product in Garrafeira Nacional may vary from the product delivered; these same products are also liable to become out of stock.
2.3 Despite all efforts, some prices displayed might be inaccurate, reason for which the company will always verify the prices when proceeding to the order processing. Therefore, the prices displayed in Garrafeira Nacional are merely indicative and do not constitute a contractual proposition. If the actual price is inferior to the announced price, Garrafeira Nacional will reimburse the surplus. If the price is superior, the company will notify the client of such situation by email and will await the client's decision to accept the new price or cancel the order within 15 days from the date of the receipt of the email.
2.4 Under the portuguese law, all displayed prices in Garrafeira Nacional, include the necessary VAT taxes, except when stated otherwise. For resale professionals only, will the prices not inlcude VAT tax, which will be clearly state besides the price under the notice "Sem IVA" (without VAT).
2.5 Special sales, promoted in Garrafeira Nacional may not be applicable to the physical stores: GN Santa Justa, GN Conceição and GN Mercado da Ribeira.
Order and Payment
3.1 Upon confirmation of order placed in Garrafeira Nacional, an email to the registered contact will be sent detailing everything about delivery, invoicing, payment information, products and prices. Garrafeira Nacional advises the confirmation of everything by the clients. In such cases, where the client does not receive the order confirmation email, it is asked that him/her contacts Garrafeira Nacional through one of the following contacts, such that the notification will be sent again to the client's email.
3.2 If any information detailed by the client appears mistaken, and/or the client desires to apply an alteration any information, as long as the order has not been dispatched yet, it is asked that the client contact us, through the following options with the utmost celerity, such that internally the required change can be executed. If the order has already been dispatched, it will have to be analyzed by the Garrafeira Nacional's team, which together with the client will try to find a suitable solution for both parties.
3.3 All orders in Garrafeira Nacional will be processed only after payment has been received. Placing the order in itself does not constitute products reservation.
3.4 In case the order cannot be fulfilled partialy or totaly, the client will be immediately contacted by Garrafeira Nacional in order to find a suitable solution for both parties.
3.5 All orders done in Garrafeira Nacional have a maximum payment period of 15 day, after which, the order will be automatically cancelled.
3.6 Orders can be cancelled when expressly stated by the client through one of the following contacts, before dispatch of the orders. After dispatch, it is asked of the client to contact Garrafeira Nacional such that, together with the client, will try to find a suitable solution for both parties.
3.7 These payments are all accepted in Garrafeira Nacional Online Store: Multibanco Reference, MBWAY (both of these for clients with a portuguese bank account), bank transfer, paypal and bank Boleto (last one for residents in Brazil).
3.8 Order status have three phases: Pending, Processing, Finalized.
a) Pending – Awaiting the payment confirmation in the Garrafeira Nacional's system;
b) Processing – Payment has been received and the order is now in processing and packaging/preparation;
c) Awaiting – Awaits additional confirmation with the client to advance the order status towards completion. This is only occurs in special cases.
d) Finalized – The order has been dispatched.
3.9 Payments are received in euros, whichever coin the client decides to use to make the transactions, Garrafeira Nacional will convert it into euros. Taxes of conversion will be beared by the client.
4. Shipping costs
4.1 To the prices presented with the products, there's a respective shipping value for each order, which are calculated with the sum of two factors: packaging cost and transportation cost. Packagin cost for each bottle is 2€ (euros). The transportation cost depends on the weight of the order and destination. This value can be simulated in the shopping cart by adding the desired product and filling in every required field of the simulator. The total of shipping costs will be automatically calculated as you place your order in the Online Store. Be advised that some factors of this calculations may vary and suffer changes without any prior notice.
5. Dispatch and deliveries/Garrafeira Nacional physical store pick up
5.1 For sending of the orders to the designated address, it should be selected the option – Nacional Sending (in case it is in Portugal) or International Sending (in case of other countries).
5.2 Generally, after dispatch, and until delivery, a Garrafeira Nacional order takes about:
- 72 hours in mainland Portugal;
- between 5 to 9 working day to Madeira and Azores;
- around 4 working days for Peninsular Spain;
- around 6 working days for other European countries;
- approximately 7 working days for all other countries.
5.3 After dispatch of the orders, the information for tracking will be available in the client's account who have registered before placing the order, likewise, a notification is sent by email with information for the link where the tracking can be made. This email is sent to both registered clients and unregistered as well. If for any reason the email is not received, it is asked that the client contacts the Garrafeira Nacional through one of the following contacts, such that all available information about the order dispatch is sent again.
5.4 After notification of the dispatch, the clients shall supervise the status of the order through the given link, such that they are aware of its present state up until the delivery momento, as Garrafeira Nacional will not notify any alteration in the dispatch status.
5.5 All products sen by Garrafeira Nacional shall be verified upon delivery. If the client notices any damage, it shall return it immediately to the transportation company, justifying duly the motiff of the returned goods in the remittance form of the transporter. It shall also contact Garrafeira Nacional immediately through one of the following contacts.
5.6 If, after delivery, the client verifies that any of the products is not in accordance, it is asked, that the client contacts immediately Garrafeira Nacional through the email email@example.com providing the order number or the document number that came with it, adding also, as attached files, images of all the goods were received and the wrongly sent product as well, such that an internal investigation is open for such occurrence to achieve a solution as fast as possible.
5.7 Garrafeira Nacional will not be responsible for dispatches to countries where the law does not allow entrance of alcoholic beverages. It is the client's responsibility the eventual aprehension of said orders, as well as the payment for custom taxes, when applicable. In case of the goods being returned, Garrafeira Nacional will reimburse only the amount pertained to the goods. In case of any doubts the client can contact Garrafeira Nacional before placing the order.
5.8 Garrafeira Nacional has hired specialized transporting services for deliveries in Portugal, Europa and most countries in the World. All efforts are made to meet the expected delivery dates, however, there may be delays in the deliveries, where the causes for such delays are not directly related to Garrafeira Nacional, which, in those cases, we can not guarantee precise delivery dates.
5.9 Most deliveries are done during work hours and in work days, on the shipping address the client submitted during the placing of the order.
5.10 For any unsuccessful delivery attempt from the transporting company, a notice will be left in the mail box with company's indications. Depending on the transporting company deliveries may need to be recovered in a place indicated by said company, or the client may need to follow other indications specified by the company.
5.11 If, for any reason, the client cannot receive the order or pick it up at the designated site, it is asked that the client contacts Garrafeira Nacional, such that together a solution suitable for both parties is found.
5.12 In case the client wishes to pick up the order at one of our physical stores (only appliable in Lisbon), before submitting the order, select the option "Store Pickup" - the store in Santa Justa (Santa Justa street no.18) will be automatically assigned.
a) The person whose name is in the order is the only one that will be authorized to pick up said order, that person can assigned a third one to pick up the order by contacting Garrafeira Nacional, beforehand, identifying the person that will pass by the store for pickup.
b) Order to be picked up at the store may take up to 1 working day until processing is ready. All clients will be notified by email when they are ready for pickup.
c) When going to the physical store of Garrafeira Nacional, the client shall have the order number ready to show. Please guarantee that you have received a notification that you have been notified that your order is ready for pickup.
6. Applicable Law
6.1 Garrafeira Nacional recognizes to all its clients the right of contract cancellation, granting a period of reimbursement of 14 (fourteen) days, of the products acquired, as in the terms described in law decree n.º 143/2001 and decree 82/2008 de 20/05.
6.2 For replacing or reimbursement, it is asked that the client contacts Garrafeira Nacional through the email firstname.lastname@example.org indicating the order number or the document that came with the order, but being aware of the following conditions:
a) To return the delivery, it must come in perfect conditions and, when applicable with its original package, accessories and promotional offers, also the purchase proof or invoice will be required.
b) Defective or mistaken goods will be acceoted, which, in such cases, Garrafeira Nacional will bear the costs for shipping every instance in which the client communicates this situation in a period of up to 14 (fourteen) days from the date they have received the products.
c) Once the goods are received in our premises and after validity of its status in conformity, we will procede to the reimbursement of its value using the same payment method as the client has used to acquired the goods. Another solution may be discussed and work instead if both parties reach an agreement.
6.3 Garrafeira Nacional will take full responsibility for any defect from origin or raw material of the acquired product and, if such is confirmed by Garrafeira Nacional's speciliazed team, we will proceed to exchange or reimbursement of the money without any cost for the client.
6.4 Garrafeira Nacional will not accept any return of used goods or in case of modification or alteration.
6.5 Garrafeira Nacional will not take any responsibility for defects caused by incorrect use, negligence, poor storing conditions , or causes of force majeure.
7. Applicable Law
7.1 All purchases done in Garrafeira Nacional site are subject to the portuguese law. Any conflict or disagreement on the interpretation of this the Terms and Conditions will be submitted to the portuguese Court.
7.2 In case the client is outside of mainland Portugal, Garrafeira Nacional informs that any legal action shall be exclusively initiated in the portuguese courts.
7.3 On the terms and for the effect of the written article 18º of the Law n.º 144/2015, 8th September, Garrafeira Nacional informs that the available Alternative Dispute Resolution (RAL) entity is "Centro de Arbitragem de Conflitos de Consumo de Lisboa", with the follwing contacts:
Address: Faculdade de Direito da Universidade Nova de Lisboa - Campus de Campolide 1099-032 Lisbon
Telephone: +351 213 847 484 (from 3pm to 4pm)
Telephone for Consumer Central: 707 788 787
The present terms and conditions may be modified without prior notice, therefore they should be referred to before the placing of any order.