Terms and Conditions
1. Object
1.1 The present Terms and Conditions, updated in 1ST July 2020, 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 Mário de Vasconcelos, S.A. ( DIOGOS on LWine Shop), situated in Rua Serpa Pinto, Nº 4 2º Direito, 9000-029, Funchal, with company number 511024070,and share capital 102 000 €, hereafter designated DIOGOS on LWine Shop, will be provided.
1.2 The purchase of any product in the Online Store of the DIOGOS on LWine Shop, 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 DIOGOS on LWine Shop reserves the right to modify, without prior notice and at any moment, the information and commercial offer regarding: products, prices, sales, commercial conditions and services.
2.2 The images that illustrate every product in DIOGOS on LWine Shop 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 process the order. Therefore, the prices displayed in DIOGOS on LWine Shop are merely indicative and do not constitute a contractual proposition. If the actual price is inferior to the announced price, DIOGOS on LWine Shop 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 either 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 DIOGOS on LWine Shop, include the necessary VAT taxes, except when stated otherwise.
3. Order and Payment
3.1 Upon confirmation of order placed in DIOGOS on LWine Shop, an email to the registered contact will be sent detailing everything about delivery, invoicing, payment information, products and prices. DIOGOS on LWine Shop advises the confirmation of all details by the clients. In such cases, where the client does not receive the order confirmation email, it is asked that him/her contacts DIOGOS on LWine Shop 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 any alteration, as long as the order has not been yet been dispatched, it is asked that the client contact us via email 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 DIOGOS on LWine Shop's team, which together with the client will try to find a suitable solution for both parties.
3.3 All orders in DIOGOS on LWine Shop 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 partially or totally fulfilled, the client will be immediately contacted by DIOGOS on LWine Shop in order to find a suitable solution for both parties.
3.5 All orders done in DIOGOS on LWine Shop have a maximum payment period of 1 day, after which, the order will be automatically cancelled.
3.6 Orders can be cancelled when expressly stated by the client via the following email info@diogosonlwineshop.com, before dispatch of the orders. After dispatch, it is asked of the client to contact DIOGOS on LWine Shop such that, together with the client, will try to find a suitable solution for both parties.
3.7 These payments are all accepted in DIOGOS on LWine Shop Online Store: ATM Reference, MBWAY (both of these for clients with a Portuguese bank account), Bank transfer, Paypal and Credit card.
3.8 Order status have three phases: Pending, Processing, Finalized.
a) Pending – Awaiting the payment confirmation in the DIOGOS on LWine Shop'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 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, DIOGOS on LWine Shop will convert it into euros. Taxes of conversion will be beared by the client.
3.10 Our customer service department may, in certain cases, request some documents in order to process the order.
4. Shipping costs
4.1 To the prices presented with the products, there's a corresponding shipping value for each order, which is calculated based on transportation costs. The transportation cost depends on the destination and weight of the order. 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
5.1 For orders to be sent to the designated address, the respective option should be selected – 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 DIOGOS on LWine Shop order takes about:
- 48 hours for Madeira Island;
- Between 3 to 5 working days in mainland Portugal and Azores;
- Between 5 to 15 working days in Europe;
- Approximately 10 to 30 working days for the rest of the world.
5.3 After dispatch of the orders, the tracking information will be available in the client's account, who have registered before placing the order, likewise, a notification is sent by email with the link information 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 DIOGOS on LWine Shop through one of the following contacts, such that all available information about the order dispatch is re sent.
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, as DIOGOS on LWine Shop will not notify any alteration in the dispatch status.
5.5 All products sent by DIOGOS on LWine Shop must be verified upon delivery. If the client notices any damage, they must return it immediately to the transportation company, duly justifying the motif of the returned goods in the transporter remittance form. The client must also contact DIOGOS on LWine Shop 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 DIOGOS on LWine Shop through the email info@diogosonlwineshop.com, providing the order number or the document number that accompanied it, adding also, as attached files, images of all the goods that were received and the wrongly sent product as well, such that an internal investigation is opened for the occurrence in order to reach a solution as fast as possible.
5.7 DIOGOS on LWine Shop will not be responsible for dispatches to countries where the law does not allow entrance of alcoholic beverages. The eventual apprehension of said orders, as well as the payment for custom taxes, when applicable is the client's responsibility. In case of the goods being returned, DIOGOS on LWine Shop will reimburse only the amount pertained to the goods. In case of any doubts the client can contact DIOGOS on LWine Shop before placing the order.
5.8 DIOGOS on LWine Shop has hired specialized transporting services for deliveries in Portugal, Europe 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 DIOGOS on LWine Shop, which, in those cases, we cannot guarantee precise delivery dates.
5.9 Most deliveries are done during working hours and during working days, to the shipping address the client submitted during the process of 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 the 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 DIOGOS on LWine Shop, such that together a suitable solution for both parties is found.
6. Applicable Law
6.1 DIOGOS on LWine Shop 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 DIOGOS on LWine Shop through the info@diogosonlwineshop.com, indicating the order number or the document that accompanied 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, the proof of purchase or invoice will also be required.
b) Defective or mistaken goods will be accepted, which, in such cases, DIOGOS on LWine Shop will always bear the costs for shipping 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 proceed to the reimbursement of its value using the same payment method as the client used to acquire the goods. As an alternative, another solution may be discussed and worked out if both parties reach an agreement.
6.3 DIOGOS on LWine Shop will take full responsibility for any defect from origin or raw material of the acquired product and, if such is confirmed by DIOGOS on LWine Shop 's specialized team, we will proceed to exchange or reimbursement of the money without any cost for the client.
6.4 DIOGOS on LWine Shop will not accept any return of used goods or in case of modification or alteration.
6.5 DIOGOS on LWine Shop 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 DIOGOS on LWine Shop site are subject to the Portuguese law. Any conflict or disagreement on the interpretation of this Terms and Conditions will be submitted to the Portuguese Court.
Tribunal Judicial do Funchal
Telephone: 291213400
Address: Rua Marquês do Funchal, 9000-083 Funchal
7.2 In case the client is outside of mainland Portugal, DIOGOS on LWine Shop 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, DIOGOS on LWine Shop informs that the available Alternative Dispute Resolution (RAL) entity is the “Autoridade Regional das Atividades Económicas (ARAE)”, with the following contacts:
Address: Rua Direita, n.º 27 - 3.º Andar, 9050-450 Funchal
Telephone: 291 750 330
Email: arae@madeira.gov.pt
Website: https://www.madeira.gov.pt/arae
Telephone for the Consumer Defense Services: 291 21 50 40
The present terms and conditions may be modified without prior notice; therefore, they should be referred to before the placing of any order.
8. Return Policy
DIOGOS on LWine Shop 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.
For replacing or reimbursement, it is asked that the client contacts DIOGOS on LWine Shop through the email info@diogosonlwineshop.com indicating the customer name and address, date of purchase, product name and year, reason for return and the order number or the document that accompanied the order, but being aware of the following conditions:
a) To return the delivery, it must be in perfect conditions and, when applicable with its original package, accessories and promotional offers, also the proof of purchase or invoice will be required.
b) Defective or mistaken goods will be accepted, which, in such cases, DIOGOS on LWine Shop 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 received the products. It is requested that the customer send proof of the damaged product, via photo, so that a complaint can be logged with the shipping company.
c) Wine should not be returned without prior approval from our customer service team. After receiving our approval, you can return the items to our warehouse to the address: Estrada Ribeira Garcia, Parque Empresarial de Câmara de Lobos, Lote 8, 9300-324 Câmara de Lobos.
d) Once the goods are received in our premises and after validity of its status in conformity, we will proceed to the reimbursement of its value using the same payment method as the client used to acquire the goods. Instead, another solution may be discussed and put in place if both parties reach an agreement.
DIOGOS on LWine Shop will take full responsibility for any defect from origin or raw material of the acquired product and, if such is confirmed by DIOGOS on LWine Shop specialized team, we will proceed to exchange or reimburse the money without any cost for the client.
DIOGOS on LWine Shop will not accept any return of used goods or in case of modification or alteration.
DIOGOS on LWine Shop will not take any responsibility for defects caused by incorrect use, negligence, poor storing conditions, or causes of force majeure.