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Lagoalva

TERMS AND CONDITIONS

1. OWNERSHIP AND SCOPE OF APPLICATION

The present Terms and Conditions (hereinafter “T&C”) state the legally-binding terms applied to all visitors, users and Clients of the “Lagoalva” portal (www.lagoalva.pt).

By visiting www.lagoalva.pt (hereinafter also Lagoalva) and/or by purchasing any of products made available to the public in this website, the visitor, user or Client warrants that he/she understands, agrees and accepts all T&C and declares that has the legal age to buy online any of such products, and therefore to celebrate the purchase agreement. Such agreement may be validly celebrated in both English and Portuguese languages. If you wish to have a printed copy of this T&C, you may print out a paper version or download this file to your computer.

The website www.lagoalva.pt is registered before DNS.pt on behalf of SOCIEDADE AGRÍCOLA DA QUINTA DA LAGOALVA DE CIMA, S.A.

For any clarification purposes related to the website and/or the T&C, all contacts shall be addressed to SOCIEDADE AGRÍCOLA DA QUINTA DA LAGOALVA DE CIMA, S.A., incorporated under the laws of Portugal, with registered office at Quinta da Lagoalva de Cima, 2090-222 Alpiarça, Portugal, registered under the number 502660074 (hereinafter “LAGOALVA”).

Please find below “LAGOALVA’s” Customer Service contacts:

Email:

Address:
Quinta da Lagoalva de Cima
2090-222 Alpiarça
Portugal

Lagoalva has the exclusive right to modify the content of the present T&C at any time and by all means, without prior notice.

2. WEBSITE CONTENT AND PRODUCT CHARACTERISTICS

The reproduction, transfer, distribution or storage of the contents of Lagoalva website without prior written permission ranted is prohibited for any purposes other than personal use. It is expressly prohibited to introduce links into this website, regardless of the intended purpose, without prior written authorization granted. The use of Lagoalva website for abusive purposes and/or without prior authorization will be subjected to the use of legal force.

The photographs presented on the website are merely illustrative. As such, it is recommended that the Client consults the detailed description of the product in order to obtain complete information about its characteristics before the purchase.

Lagoalva has the right to modify at any time the information and commercial offer presented on the website.

3. INTELECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All texts, images, videos, sound reproductions and any other materials published in Lagoalva (the “Works”), as well as the comments about said works, are worldwide protected under copyright law. LAGOALVA is the sole owner of the author’s right over such works. As such, any reproduction or use – partial or total – by any means of the portal´s content is legally forbidden, except for personal use and shall be subjected to legal force.

All trademarks, commercial indications, design, know how or any other registered or not industrial property rights mentioned in Lagoalva are protected under Industrial Property Law. Any reproduction or use of such rights is strictly forbidden and shall be subjected to legal force.

4. USERS´AND CLIENTS´OBLIGATIONS

The visitors, users and Clients of Lagoalva undertake to comply with the present T&C and namely to:

  • Refrain from introducing, storing or disseminating through the website defamatory, obscene, offensive, xenophobic and/or any other content that violates the general principles of law and public order;
  • Refrain to include any kind of spam messages, advertisement or any other content with commercial purposes;
  • Provide the correct personal data and addresses so that the orders can be duly processed: the Client is the sole responsible for the veracity of the data communicated to Lagoalva and undertakes to report any changes to it that may influence the processing of the orders.


Lagoalva has the exclusive right to eliminate from the website all information containing any of the situations above mentioned and to take the necessary actions to end it immediately.

5. PLACYING THE ORDER

To process the order, the user needs to register himself as a Client, by creating an account or profile and providing the following data: name, email address, taxpayer number, billing address, phone and delivery address.

Afterwards the Client shall follow the next steps – inserting all the necessary data to celebrate the sales agreement - described in the purchase proceeding online, so the order is successfully completed.

The validation of the purchase order implies that the Client has become aware of and expressly accepts the present T&C. The data recorded by LAGOALVA are proof of the set of transactions made between LAGOALVA and the Client. It is LAGOALVA´s responsibility to archive the electronic document in which the contract is formalized and to keep it accessible as it is proof that the commercial transactions has occurred. In case the Client desires a copy of such archive, she/he may ask LAGOALVA for it.

Once the Client has finished the purchase, she/he will receive a written confirmation, by email, of the transaction. The notification receipt of such email is valid as the Client´s conclusion of the purchase agreement.

In case the Client notices that the data on the order are incorrect, she/he should immediately alter them accordingly, request LAGOALVA to alter them or even ask for the cancellation of the purchase.

In situations of misuse of the website, LAGOALVA has the right to cancel the order.

“LAGOALVA” will only process an order placed by a Client after confirmation of the payment.

Lagoalva declines any responsibility for any delay or impossibility of processing the order, in particular at the time of delivery, due to error or insufficiency of the data communicated by the Client.

6. PRODUCT AVAILABILITY

LAGOALVA's product catalogue is different of the physical store regarding both prices and stock availability. All promotional campaigns have limited and exclusive stock for online sales.

All promotional campaigns have limited and exclusive stock for online sales and may differ from the ongoing campaigns in the physical store.

LAGOALVA only processes an order placed by a Customer after confirmation of its payment. As such, LAGOALVA cannot guarantee the availability of the articles until the beginning of the aforementioned processing.

In the event of an unavailability of a product ordered, the Client will be immediately contacted by LAGOALVA in order to find the most adequate solution.

7. PRICES

The sales price of the products indicated on the website is in euros (VAT included). Delivery fees are borne by the Client, will be duly communicated to her/him and are charged at the end of the order. LAGOALVA reserves the right to update the final price of the product at any time. However, the price applied will always be the one showed on the website at the time the Client finalizes the order.

Shipping costs: shipping costs are calculated according to the weight of the products, destination and the total value of the order. This value is indicated in the shopping cart before the final validation of the order.

8. PAYMENT

Purchases can be paid by MBWay or previous generated reference (ATM). Payment must be finalized within 2 business days after the completion of the order by the Client. If not, it will be automatically cancelled.

9. DELIVERY PERIOD

The order will be shipped to the Client 4 business days after payment confirmation. The estimated time period of shipment will depend on the chosen carrier, as well as on the address destination. The delivery period is calculated on a normal basis of procedures, not considering the possibility of any incidents (e.g. incomplete or incorrect addresses or cases of force-greater force).

Any delay in the dispatch of products, in view of the estimated dates, does not grant the Client the right to any compensation.

10. DELIVERY

Orders will be shipped to the address given by the Client in the purchase order.

All orders shipped by LAGOALVA must be examined by the Client at the time of receipt. If any irregularity or damage to the product is detected, the Client shall immediately return it to the carrier, justify the reason for the return on the packing slip and immediately inform LAGOALVA of such situation.

To avoid delays and thus ensure the best execution of the online purchase contract, the Client may provide Lagoalva with a phone contact so she/he can be contacted by the carrier if necessary.

Territory: orders are sent worldwide.

LAGOALVA is not responsible for shipments made to countries where the applicable law does not allow the entry of alcoholic beverages. In case the products are seized at customs, it is the Client´s responsibility of the Client to pay any customs fees, if any. In case of return of the products, LAGOALVA will reimburse the Client only on the amount he / she already paid. In case of doubt the Client may contact LAGOALVA before placing the order.

11. CANCELATION OF ORDER BY LAGOALVA

The non-payment of the order within two (2) days after the date on which it was definitively made grants LAGOALVA the right to automatic cancel the order.

According to article 33.º of Decree-Law No. 7/2004 of 7 January(with the amendments conferred by Law 40/2020, of August 8th), on e-commerce, LAGOALVA reserves the right to cancel unilaterally the service in the situation of a programming error, a malfunction of computers, as well as if the contractual proposal reaches its final destination in such a deformed way that it constitutes an error and this error is considered to be an essential element of the contract.

12. RIGHT TO WITHDRAWAL OR TERMINATION RIGHT BY CLIENT

Clients may withdraw or cancel the purchase made in www.lagoalva.pt, with no need for justification, within 14 (fourteen) calendar days from the date of reception of the product(s).

In order to do so, the Client must send LAGOALVA a written communication stating hers/his exercise of the withdrawal right in a date prior to the expiry of the time period indicated above - 14 (fourteen) calendar days.

This statement must be clear and sent to the email address: (Subject matter: Cancelation). In such case, LAGOALVA shall confirm, by email, the reception of the requested withdrawal or cancelation without delay.

However, the Client shall not, under any circumstances, send the goods to LAGOALVA without having made a prior contact. If so, the products will not be received.

The return of the goods will be accepted by LAGOALVA, provided that: (i) the product is in perfect conditions and, if applicable, in its original packaging (article 13(3) of Decree-Law No. 24/2014, of February 14); and (ii) is accompanied by proof of purchase or invoice.

Please note that the Client may be held liable for the depreciation of the goods if the manipulation carried out to inspect the nature and characteristics of such good exceeds the common manipulation usually given to these kind of products (Article 14(2) of Decree-Law No. 24/2014 of 14 February).

In the event of the using his right of withdrawal or termination, the Client will bear in full the costs of returning the goods, except those that cannot be returned by normal mail. In case of the return of goods that by their nature cannot be returned normally by mail, the Client must bear the direct costs of such return that are associated with the shipping costs.

Return of goods process:
The Client must return the goods without undue delay and no later than fourteen (14) days from the day on which she/he informed LAGOALVA of the termination of the contract.

After such first contact with LAGOALVA, the Client can send the good properly packed, preferably with original packaging, to the following address:

Quinta da Lagoalva de Cima,
2090-222 Alpiarça
Portugal

Reimbursement:
In case of withdrawal or termination, the Client shall be reimbursed for payments made, including delivery costs (with the exception of additional costs resulting from the possible choice of a mode of dispatch other than the less costly normal shipping method offered by LAGOALVA), without undue delay and, in any case, no later than fourteen (14) days from the date on which LAGOALVA is informed of the Client´s decision to terminate this contract.

LAGOALVA shall reimburse the Client through the same means of payment used for the initial transaction, unless the latter has expressly stated an alternative way of reimbursement.

In any case, the Client shall not incur any expenses as a direct consequence of the reimbursement.

Please note that LAGOALVA may retain the refund until it has received the returned goods or until the Client presents proof of the shipment of the goods, whichever occurs first.

13. LAGOALVA´S RESPONSIBILITY

LAGOALVA assumes liability arising from defects in origin or raw material of the purchased goods. If this is confirmed by its specialized team, LAGOALVA will exchange or return the product with no cost involved to the Client.

LAGOALVA will not accept the return or exchange of any product other than in the situations mentioned in 12 above.

LAGOALVA shall not be liable for any deficiencies arising from misuse, negligence, poor storage conditions of the goods or causes of force major.

14. JURISDICTION AND GOVERNING LAW

The present T&C shall be interpreted and complied with in accordance with its own terms. Any matters not provided for herein, shall be governed by Portuguese legislation.

Any controversies derived from the validity, interpretation, fulfilment or execution of these T&C shall be expressly submitted to the jurisdiction and competence of the Judicial Courts of Santarém, Portugal.

15. ALTERNATIVE DISPUTE RESOLUTION

In the event of disputes initiated by a consumer against a supplier of goods or service providers, relating to contractual obligations arising from contracts for the sale or supply of services, concluded between the established supplier of goods and consumers living in Portugal and the European Union, the consumer may seek a Consumer Dispute Resolution Entity.

In Portugal, LAGOALVA relies on the following Consumer Dispute Resolution Entity:

Centro de Arbitragem de Conflitos de Consumo de Lisboa (Arbitration Consumer Centre of Lisbon, Portugal)
Address:

Rua dos Douradores, no 116 - 2º
1100 - 207
Lisboa, Portugal

Phone contact: (+351) 218 80 70 30
Fax: (+351) 218 80 70 38.

E-mail:


CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Address: Rua D. Afonso Henriques 1
4700-030
Braga

Phone contact: (+ 351) 253 619 107

E-mail:


For additional information, please check the "Online Dispute Resolution" page available in www.lagoalva.pt.

For more information on consumer rights in Portugal go to www.consumidor.pt

The present Terms and Conditions were last updated May 2021.