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Terms of service

TERMS AND CONDITIONS FOR ONLINE SALES
  1. GENERAL CONDITIONS
Clause 1.
(Identificação e Contactos)
  1. MANOEL D. POÇAS JUNIOR – VINHOS SA (“POÇAS”), legal person n.º 500378207, based on Rua do Visconde das Devesas, n.º 186, 4401-901 Vila Nova de Gaia, hereinafter referred to as “POÇAS”, is the legitimate holder of the website www.shop.pocas.pt (hereinafter referred to as website), which may never be associated to other contents than those that appear on the website.
  2. All communications addressed to POÇAS and maintained under this agreement shall be made in writing and sent by registered letter to the company’s headquarters address and/or to the email address: shop@pocas.pt
  3. Without prejudice to the previous point, you can contact POÇAS through its telephone number +351 223 771 070, available on working days, between 08:30am and 12:30pm and 1:30pm and 5:00pm.

 

Clause 2.
(Object and Scope)

  1. These clauses are intended, with the order form, to define the terms and conditions that regulate the service provided by POÇAS’ Online Store, specifically the online advertising and commercialization of goods and services available on the website.
  2. By ordering any product at POÇAS’ Online Store, the costumer recognizes to accept these terms and conditions.
  3. All alcoholic beverages available for sale at POÇAS’ Online Store can be purchased by people of legal drinking age in their country of residence.
  4. For the purpose of the interpretation of these clauses:
  5. a) “Use of the website” means any operation and/or transaction, commercial or not, made through the website, over the available content, for previously determined purposes or not – that is, the purchase of any product, the download of videos, images or other available content on the website that falls under the protection of copyright and industrial property law.
  6. b) “Website user” (or “user”) means any person that uses the website with or without a view to acquiring the products and/or services made available on it by POÇAS, according to the defined terms for the use of the website and to the established privacy and cookies policies.
  7. c) “Costumer” means any natural or legal person that purchases POÇAS’ products through the respective website.
  8. d) “Registered costumer” means “website user”, natural or legal person, who registers on the website, using his email address and creating a password.
  9. e) “Consumer” means any natural person to whom goods are supplied, services are provided, or any rights are transferred, by a person who professionally pursues an economic activity aimed at obtaining benefits, and that acts for purposes which are outside his trade, business, craft or profession.
  10. f) “Company” means every other customer, natural or legal person that does not fall under the concept of “Consumer”, as referred to in subparagraph (e);
  11. g) “Producer” means the manufacturer of consumer goods, the importer of consumer goods into the territory of the Community or any person purporting to be a producer by placing his name, trademark or other distinctive sign on consumer goods;
  12. h) “Order number” means the internal POÇAS’ reference issued for any available products, acting as a unique identifier for the purpose of stock management and control.
These definitions do not invalidate any other definitions that may be contained in this agreement and that may be provided elsewhere, for coherence reasons.
  1. POÇAS reserves the right to modify these terms and conditions without prior notice.
 
Clause 3.
(Contracting and Online Registration)
  1. The website user can consult the website free from any burdens or charges, inasmuch as it is in accordance with this agreement, without necessarily involving, for example, having to register as a client and contract with POÇAS.
  2. Purchasing products through POÇAS’ Online Store entails that these terms and conditions are expressly, irrefutably and unconditionally accepted by the user who expressly declares it, filling out the respective box for validation.
  3. For the purpose of “register” under the terms of this agreement, the user must provide some personal data and, once registered, he will have access to that same personal data, and will be able to modify and eliminate them, through the access keys defined by him, in the terms defined in “PERSONAL DATA PROTECTION STATEMENT”, available at [https://shop.pocas.pt/pages/condicoes-de-tratamento-de-dados-pessoais-do-website]
  4. The purchase process through the website does not require registration, allowing the customer to complete the order without registering.
  5. Once registered, the customer will also be able to access his order in his reserved area, so that he can control it, namely for purposes of management of his personal data and controlling his order history.
  6. By registering, the customer can also apply for eventual offers and other sales promotions or special benefits, whose terms will opportunely be communicated and introduced to him by POÇAS, when POÇAS sees it fit and to the extent that is convenient, and its content will be integrated in this agreement.
  7. When POÇAS sends to his customer the order receipt notification, that does not mean that the contract is concluded. The contract will only be concluded when POÇAS receives the order payment and confirms the payment and the order to his customer.
  8. For the effects foreseen in the previous point, the “communication” will contain the order number (which must be used by the customer in any communication with POÇAS related to that same order), as so the data provided by the customer during the registration. The customer must confirm the data and request its correction if that is necessary, under penalty of POÇAS not being responsible for eventual damages resulting from the uncorrected errors.
  9. Without prejudice to the previous points of this clause, POÇAS will not accept changes to the shipping address after the order is confirmed. The customer may request such change to the subcontracted carrier, but such change will be at his own risk.
  10. POÇAS will refuse any order when some element suggests it was made in bad faith, totally disrespecting these terms and conditions, in violation of any legal provisions or based on another ground that POÇAS considers legitimate, when detected and in that same moment.
 

Clause 4.
(Informations about products, prices and contents)

  1. POÇAS reserves the right to modify, without prior notice and at any moment, the information and commercial offer provided about: products, prices, promotions, commercial conditions and services.
  2. The images that illustrate each product in POÇAS Online Store may differ from the subsequently delivered product. Such products are also subject to stock rupture.
  3. Under the Portuguese law, all prices quoted in POÇAS Online Store include VAT at the legal rate in force, unless otherwise specified.
  4. The previous paragraph does not apply to resale’s professionals, in which case the prices quoted do not include VAT and the information “Without VAT” will always be visible written next to the price.
  5. Whenever applicable, transport and/or delivery costs will be charged in addition to the price of the product and/or service.

 
Clause 5.
(Orders and Payment)

  1. After the order confirmation, an email will be sent to the contact address provided or registered by the customer at the time of the order’s conclusion, with all the details about the delivery, billing, payment information, products and prices.
  2. If the customer does not receive the order confirmation email, or if any detail he has provided is incorrect, and/or if he intends to change any information, he must contact POÇAS through the contacts mentioned in Clause 1., so that the notification can be sent again to the customer’s email address. The changes to the details of orders already shipped will have to be analyzed by the POÇAS’ team, so that, along with the client, an appropriate solution can be found.
  3. Orders placed at POÇAS’ Online Store will only be processed after the payment is received. The formalization of the order alone does not guarantee that the products are reserved.
  4. If an order cannot be totally or partially filled, POÇAS will contact the customer immediately, in order to find an appropriate solution.
  5. All orders placed at POÇAS’ Online Store must be paid within a maximum period of 2 days, after which the order will be automatically canceled.
  6. The orders may be cancelled if the customer expressly requests it before the respective shipment through the contacts mentioned in Clause 1.
  7. POÇAS’ Online Store accepts credit card payments.
  8. The order status at POÇAS comprises 3 or 4 stages:
  9. a) Pending: waiting for payment to enter the POÇAS system;
  10. b) Processing: payment was already received, and the order is being processed and packed/prepared;
  11. c) Waiting: waiting for additional confirmations from the customer to proceed with the order (this phase is exceptional);
  12. d) Finished: the order has been shipped/sent.
  13. Payments are received in euros, regardless of the currency in which the transaction is made. Conversion rates for payments made with other currencies will be borne by the customer.
  14. Some documents from the customers may be required in order to continue with the order processing.
  15. Since POÇAS cannot avoid failures in the availability of the products and/or services (stock) offered on its website, especially those motivated by situations beyond its control, in cases where it is unable to ensure the delivery of the product purchased within 30 days after the contract is concluded, the customer will be informed and reimbursed for the amount spent with the payment method used, within a maximum period of 14 days. However, if the customer has ordered several products and/or services and only some of them are unavailable on the date of the order shipment, he may receive only those that are available in such date, being refunded in relation to the others.
Clause 6.
(Shipping costs)
  1. In addition to the prices quoted for the products, the respective shipping costs are added to each order, which are calculated based on the sum of two factors:
  2. shipping costs: depends on the weight of the order and on the destination of the delivery.

The shipping costs can be simulated inside the shopping cart with the added products and filling all the simulator required fields. The total shipping costs will be automatically calculated when the customer places the order at the Online Store.

For this purpose, POÇAS provides the shipping costs table applicable to orders shipped to Portugal (for other countries, contact us through the contacts mentioned in Clause 1.).

Average weight per bottle: 1200 grams.


Clause 7.
(Shipping and deliveries/pick-up in physical store Poças)

In general, after being shipped, an order at POÇAS takes to be delivered:

  1. a) 2 working days in mainland Portugal;
  2. b) Up to a maximum of 15 working days in Madeira and Azores Islands;
  3. c) Up to a maximum of 2 working days in mainland Spain;
  4. d) Up to a maximum of 7 working days in the rest of Europe;
  5. e) Up to a maximum of 5 weeks in the rest of the World.
  6. After being shipped, the information for monitoring the shipment will be available in the account of the customers who have placed the order with registration. A notification via e-mail with a link for monitoring the shipment will also be sent to all customers, registered or not. If the customer does not receive the shipment confirmation, he must contact POÇAS through the contacts mentioned in Clause 1., so that all the available information about the order’s shipment will be sent again.
  7. After the shipment notification, customers must follow the order status through the link provided by POÇAS. Since POÇAS does not notify each order status change, following the order status through that link enables customers to be aware of the order status until the order’s delivery.
  8. All products sent by POÇAS must be checked upon delivery. If the customer notices that it is damaged, he must return it immediately to the carrier, duly justify the reason for the return in the international consignment note and immediately notify POÇAS through the contacts mentioned in Clause 1.
  9. POÇAS is not responsible for the payment of any kind of expenses that may occur associated with refused orders, by him or by someone he has designated, or cancelled by him before the reception, and hence not delivered by the carrier or non-received.
  10. POÇAS will not be responsible for the loss, damage or delay of the merchandise as a result of circumstances beyond its control, or acts or omissions by the customer, the contracted carrier or any third party, POÇAS shall not be responsible. The risk of loss, damage or delay of the order will be transferred to the contracted carrier at the time the order is made available for this purpose.
  11. If, after the delivery, the customer notices that any of the goods is not in conformity, the customer must contact POÇAS immediately through the e-mail mentioned in Clause 1, attaching images of the packaging exactly as received and also of all goods, in order to open internally the occurrence investigation process, so that the situation can be resolved as soon as possible.
  12. POÇAS is not responsible for shipments made to countries in which the law in force does not allow the import of alcoholic beverages. The customer is responsible for the eventual seizure of his orders, as well as for the payment of customs fees, if they exist. In case of return of the products, POÇAS will only refund the respective amount of those same products. In case of doubt, the customer may contact POÇAS before ordering, through the contacts mentioned in Clause 1.
  13. POÇAS has been contracting services with specialized carriers for the purposes of deliveries in Portugal, Europe and most countries in the World. Every effort is made to comply with the shipping and delivery deadlines. However, eventual delays in orders may be beyond POÇAS’ control, in which cases it is not possible to ensure strict delivery times.
  14. In the event of an unsuccessful delivery attempt by the carrier due to the customer’s absence, a transit notice with the carrier instructions is always left in the customer’s mailbox. The orders must be collected in the place mentioned in such transit notice or the instruction required on it must be followed.
  15. If by any reason the customer is not able to receive or collect the package in the place mentioned by the carrier, he must contact POÇAS so that together the most suitable solution can be achieved.
  16. Before submitting an order, if the customer intends to collect it at the physical store, he must contact POÇAS for that purpose, in which case the follow information will be provided:
  17. a) Only the person whose name is in the order form will be authorized to collect the order, unless such person informs POÇAS in advance that another person (whose name has to be identified) will collect the order;
  18. b) The orders that will be collected at the physical store may take 2 working days to be processed. All customers will be notified via e-mail when their orders are ready to be collected.
  19. c) When going to POÇAS’ physical facilities, the customer should be accompanied by the order’s confirmation or the order’s number, ensuring that he has received our confirmation notification of the availability for collection, thus avoiding unnecessary displacements.
 
Clause 8.
(Law and Competent Court)
  1. All purchases made on POÇAS website are subject to the Portuguese legislation. Any conflict or divergence of interpretation of these terms and conditions will be submitted in the Portuguese competent Court.
  2. POÇAS informs that if the customer is outside mainland Portugal, any judicial proceeding must be exclusively initiated in the Portuguese Courts
ALTERNATIVE DISPUTE RESOLUTION

    POÇAS informs its costumers that consumers have at their disposal alternative means for dispute resolution that may arise from a contract between a consumer and a trader. These mechanisms are less formal, less expansive and quicker, when compared to the traditional judicial proceedings in court.
    This possibility was introduced by Law 144/2015, which transposes the Directive 2013/11/EU and establishes the legal framework for the consumer alternative dispute resolution.
    Under the terms and for the purpose of the established in the article 18 of Law 144/2015, from September 8th, we inform that the alternative dispute resolution entity available is the Tribunal Arbitral do Centro de Informação de Consumo e Arbitragem do Porto (arbitration court), whose contacts are:
    Postal code: Rua Damião de Góis, n.º 31 – Loja 6, 4050-225 Porto
    Telephone: 225 508 349
    Email address: cicap@cicap.pt
    Website: www.cicap.pt
    Without prejudice to the possibility of resorting to the alternative dispute resolution entities, whenever consumer disputes related to contracting exclusively through an online platform (via Internet) are concerned, they can be resolved through the Online Dispute Resolution platform managed by European Commission, that can be used free of charge, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
    More information available at Portal do Consumidor (https://www.consumidor.gov.pt/). 

    COMPLAINTS BOOK

      POÇAS’ website provides a link to https://www.livroreclamacoes.pt/inicio