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Terms and conditions of use

Terms and conditions
These Terms and Conditions govern your use of the Company website (the “Company Site”) and your relationship with RCLAWINES Lda. t/as Wines&Co (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use the Company Site. If you have any questions on the Terms and Conditions, please contact [email protected]. Use of the Company Site is provided to you for your personal use.

By using the Company Site you agree to be bound by these Terms and Conditions. References to these Terms and Conditions include the consumer terms of sale.

To purchase alcohol from the Company Site you must be over the legal age in your country. All personal details are kept strictly confidential and are not shared with any other party. As an additional security precaution we do not store any credit card details on our website.

Amendments
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. Any changes will be notified to you via the e-mail address provided by you or via a suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.

Registration
To register on the Company Site you must be over the legal age for alcohol consume in your Country.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

Password and Security
When you register to use the Company Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [email protected] immediately. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password or we may suspend your account.

Intellectual property
The content of the Company Site is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site without written permission fromWines&Co.

Age Restrictions
By placing an order you confirm that you are over the legal age for alcohol consume in your Country. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the package.

Fraud and Crime Prevention
For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the Police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this
way will not be used for marketing purposes.

Your use of the Company Site
You may not use the Company Site for any of the following purposes:
Interfering with any other person’s use or enjoyment of the Company Site or making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Availability of the Company Site
Although we aim to offer you the best service possible, we make no promise that the services at the Company Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Company Site you should report it to [email protected] and we will attempt to correct the fault as soon as we reasonably can. Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

The Company’s right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any
of your obligations under these Terms and Conditions.
You can cancel your registration at any time by informing us in writing to [email protected] The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party’s statutory rights or liabilities.

The Company’s liability
The Company Site can provide contents from other Internet sites or resources and while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption. The Company shall have no liability for any damage or loss resulting from viruses, worms, Trojan horses or other malicious code or the corruption or loss of data or any damage to software or hardware. This clause shall not limit or affect our liability resulting from any products sold through the Company Site.

Advertising and Sponsorship
Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

Applicable Law
These Terms and Conditions will be subject to the laws of Portugal. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Portugal.

Miscellaneous
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected. If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control. If you have any queries please contact [email protected].

CONSUMER TERMS OF SALE
These terms relate to items supplied to you through Wines&Co Website and should be read in conjunction with the General Terms and Conditions.

These terms of sale apply to all goods supplied by Wines&Co a trading name of RCLAwines Lda, a company registered in Portugal under company number PT510717144, having its registered office at Estrada de Vale de Éguas nº 27 , 8135-033 Faro – Almancil – Portugal (“the Company”).
No contract exists between you and the Company for the sale of any goods until the Company has received your order together with payment and the Company has accepted your order. Once your payment has been received, the Company will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. The Company’s acceptance of your order brings into existence a legally binding contract between you and the Company.
The Company may change these terms of sale without notice to you in relation to future sales.

Description and price of the goods
The description and price of the goods you order will be as shown on the Company’s website at the time you place your order. The prices shown on the Company’s website are only applicable to sales made through the Company’s website. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Company will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods. Every effort is made to ensure that prices shown on the Company’s website are accurate at the time you place your order. If an error is found, the Company will inform you by email to the address provided in your order form as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Company will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods.

In addition to the price, you may be required to pay a delivery charge for the goods, as shown during the checkout process on the Company’s website. If you do not agree with the delivery price stated during checkout then you do not have to proceed with your order. The price of the goods and delivery charges are inclusive of VAT and DUTY. You will only be asked for your credit/debit card details after confirming the order and in the website of our payment partners.

We don’t have access to the payment information that you post in our payment partner website.
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit and charge cards, the Company may validate the names and addresses supplied during the order process against commercially available records. We may need to contact you by telephone or email to verify details before we are able to dispatch your order.

Vintage years
We will supply an ensuing vintage when the quoted is no longer available. Please state in the notes at checkout, if you do not want an ensuing vintage. If you fail to put this in the notes we are still happy to accept returns when agreed before hand though these will be subject to return carriage fees, which are the responsibility of the person sending back the wines.

Payment
Payment for the goods and delivery charges can be made with:

  • Paypal Account;
  • Maestro, Visa, Mastercard, America Express supported by the payment merchant Baintree;
  • International Bank Transfer;
  • Klarna.


In all cases Wines&Co don’t have access or records any information of your debit/credit card or bank account.

Delivery
When ordering you will be informed of the delivery cost to your address/country during the checkout process. If you can’t find your country in the drop box during the checkout process it’s because we don’t deliver to your country. You can contact us by email and we can propose to you a quote for the deliver if we have any form of guarantying the successful deliver of your order.
For corporate orders please use our contact form or email to put your order and we will provide you with our best price for the order and the lowest shipment costs.
The goods you order will be delivered to the address you give when you place your order.
When placing your order you may wish to contact us with instructions for delivery alternatives in case you
are not in. All parcels must be signed for on delivery by a person over the legal age for alcohol consume.
If there is no one at the address who is competent to accept delivery of the goods, the recipient will either be notified of an alternative delivery day or be asked to contact the courier to arrange re-delivery.
If multiple delivery attempts are made to the provided delivery address and a competent recipient is not present to sign for the goods, or no effort is taken by the recipient to contact the courier to arrange re-delivery, the order will be returned to our warehouse. In this instance, a delivery surcharge may need to be paid by the customer in order for the goods to be re-delivered. The Company will contact you and provide you with a quote.

Every effort will be made to deliver the goods to you within 8 to 12 working days however, in rare cases, this may be as long as 15 working days. A working day is any day other than weekends and Bank or other public holidays.

Breakages & Shortages
The Company will not be liable for any loss or damage suffered by you through any delay in delivery.
You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you. If there are breakages we will refund the cost of the broken bottles to your credit card, paypal account or bank account or we will send replacement bottles. We will refund any item that is received broken.
Each consignment of goods should be carefully checked upon delivery to make sure that it is intact and in full. Claims for breakages will only be accepted if we are notified within 24 hours of delivery and the damaged products and their packaging are kept for inspection. The courier must be informed of breakages or shortages at the time of delivery. We will not accept any claims for breakages or shortages unless they are stated on the courier’s documentation.

Returns
Wines&Co will be happy to exchange any wines purchased which are corked, tainted or out of condition.
We do require the bottle and cork returned to us before we can exchange. The returns will be subject to return carriage fees, which are the responsibility of the person sending back the wines.

Refunds
In case of loss or misplacement of the order, Wines&Co will proceed with the refund or credit within 22 business days from the date of notification by the customer, for the amount that has been paid by you or debited from your credit card in relation to the returned products.

Your right of cancellation
You have the right to cancel the contract at any time up to the end of 14 days after you receive the goods. To exercise your right of cancellation, you must give written notice to the Company by email, to [email protected] and include details of the goods ordered and their delivery.
If you exercise your right of cancellation after the goods have been delivered to you, unless the item is defective or we have delivered the item to you in error, you must contact Wines&Co at [email protected] to arrange collection by our authorised distributor at your expense. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once you have notified the Company that you are cancelling the contract, the Company will refund or credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods from either the cancellation date, or the receipt of the returned goods if applicable.
If you do not make the goods available to our authorised distributor as required, the Company may charge you a sum not exceeding the direct costs of recovering the goods.

Data protection
The Company will take all reasonable precautions to keep the details of your order and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you.
The Company will use the information you provide about yourself for the purpose of fulfilling your order.
The Company would like to notify you of products and offers that may be of interest to you from time to time, and if you would not like to be notified of these, please email [email protected] heading your email ‘unsubscribe’. You can correct or delete any information about you logging in to your account or contacting us by email [email protected]

Applicable law
These terms of sale and the supply of the goods will be subject to Portuguese law, and the Portuguese courts will have jurisdiction in respect of any dispute arising from the contract.

Complaints and Queries
If you are not happy with any aspect of our service, or if you have any queries or comments, please either email us at [email protected].

Cheers,
Wines&Co Team

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