Terms and Conditions of Use and Sale
The website www.divinus.pt is intended for the dissemination and sale of food and beverages from the Divinus Gourmet store, owned by Tentações do Alentejo Lda., Mercado Municipal de Évora, Loja 14, Cave Mercado do Peixe 7000-650 Évora e NIPC 510893708, hereinafter referred to as DIVINUS GOURMET.
For any clarification related to this website or these General Conditions of Use and Contract, the DIVINUS GOURMET can be contacted through the following customer service means: Phone: +351 266 752 565; E-mail: email@example.com
Acceptance of the general conditions of sale implies acceptance of them in their entirety.
The purpose of these general sales conditions is to provide and define all the necessary information for the user regarding the modalities of ordering, sale, payment and delivery of purchases made on the website www.divinus.pt. based on Portuguese DL n.º 24/2014, of 14 February, which regulates distance sales.
These general conditions will not apply if it is verified, by the type of order, that the User is not a final consumer as defined in paragraph c) of article 3 of Portuguese DL 24/2014, of 14 of February.
ABOUT THE USER
A User is a person who accesses, browses or uses the services available on the website www.divinus.pt, whether for information purposes or for the purchase of products.
The User undertakes to use the website only to make legally valid queries and orders, granting authorization to DIVINUS GOURMET to cancel purchases deemed false or fraudulent, as well as to suspend or cancel a User's access account.
By ordering at www.divinus.pt, the User declares that he is over 18 years old and can enter into contracts.
The information of these conditions on www.divinus.pt does not constitute an offer of sale, but an invitation to contract. No purchase contract is considered to exist until there is, on the part of DIVINUS GOURMET, the acceptance of the order placed by the User.
PRICES AND CAMPAIGNS
The price of each product may vary depending on the campaigns that are in progress and their duration. In this way, the price of the product is what appears in the domain www.divinus.pt at the time of placing the order.
The price shown already includes the VAT (Value Added Tax) and does not include shipping costs for the order or others.
The occasional discount campaigns presented in the domain www.divinus.pt are prepared for the online store www.divinus.pt, and may not coincide with those in force in the store open to the public DIVINUS GOURMET.
DIVINUS GOURMET reserves the right to make, at any time and without prior notice, any changes it deems necessary to the online store, we may update products and prices, depending on the news and campaigns that appear. These changes will not affect orders that, at the time the changes are introduced, have already been carried out.
The description, image, year and any other information of a product presented in the online store www.divinus.pt , can be changed without prior notice. The images of the products on the website are as reliable as possible, with a view to identically reproducing the product as it actually is. Some products are handcrafted and come from suppliers may change their image without prior notice, there may be slight differences between the image and the product itself. Some products may have an inaccurate price, which is why prices are always checked before processing orders. Consequently, the prices shown on the website are merely indicative and do not constitute a contractual proposal.
Under current Portuguese legislation, products presented at www.divinus.pt already include VAT at legal rates of 6%, 13% and 23% depending the type of product.
To order, go to www.divinus.pt , select the online store and then:
- Select the products you want to buy and add them to the basket;
- When you have finished your selection select the “Checkout” option in the cart menu. At this stage, you can check the amount to pay per shipment, indicating the destination;
- Associate purchases to billing details, indicating the necessary information and filling in the required fields;
- Select delivery. Only collecting the order from the DIVINUS GOURMET store is free. If you choose shipping, there are additional costs that add to the total value of the order;
- The User can choose between payment methods: Bank Transfer or Paypal. The Payment in Store option is only valid for purchases to be collected from the DIVINUS GOURMET store in Évora.
- Check and validate confirmation of the terms and conditions of the store. Without the acceptance of these General Conditions of Sale and Use of the Website, your order will not be processed;
Upon conclusion of the order, you receive an automatic email from www.divinus.pt with the order summary. It is an informative document with no fiscal validity, it does not replace the Invoice, which must accompany the product after payment. We remind you that the purchase contract requires DIVINUS GOURMET to accept the order placed by the User and make payment.
The order processing is awaiting your payment.
All orders placed on www.divinus.pt and that payment is not made within the maximum period of 72 hours, will be cancelled.
The Invoice relating to the actual purchase of the order, accompanies the product.
METHOD OF PAYMENT AND BILLING IN THE WITHDRAWAL OPTION IN THE PHYSICAL STORE
This option is free of charge for the User. The User will be notified by email or SMS that the order is available for collection.
In case the User chooses to collect the products at the store, the Invoicing will be made by Tentações do Alentejo, lda. Address: Évora Municipal Market, Store 14, Cave. 7000-650 Évora, NIPC 510893708 and it is advised that payment be made AT THE STORE SURVEY.
The User has a maximum period of 3 days, from the date of sending the SMS or e-mail, to pick up the order during the store's opening hours. After this period, DIVINUS GOURMET reserves the right, freely, to cancel the order, without any responsibility for this fact.
The User will be informed of the order's cancellation by email or SMS, and if applicable, the amount paid on account of the order will be returned, if applicable.
METHOD OF PAYMENT AND BILLING IN THE SHIPPING BY CARRIER OPTION
If you choose to send your order BY CARRIER to the destination indicated in the purchase process at www.divinus.pt , the Invoicing will be processed by the Group company / partner Dourado Distribuição Lda. Address: Avenida São Sebastião 12 7000-767 Évora and NIPC 501473459, payment is available through the PAYPAL and BANK TRANSFER options to the care Dourado Distribuição, Lda with the IBAN: PT50004561704014748170340 Credito Agrícola.
For orders placed on www.divinus.pt after confirmation of payment by the customer, there will be 5 working days for the preparation of the order, unless there is a shortage of stock. Currently, Shipping is operated by GLS and the shipping cost charged at time of purchase already includes packaging. The shipping cost depends on the weight of the order and its delivery destination.
Shipping fee amount is shown in cart before checkout. You can consult the table here. When sending orders to countries outside the European community or if the shipping fee is not included in the pre-established list, the shipping price should be under consultation after contacting firstname.lastname@example.org Sales to the UK and non-Schengen countries are not available.
DIVINUS GOURMET is not responsible for delays by the Carrier in delivering orders. A period of up to 7 days is expected for delivery in mainland Portugal and up to 30 days for other areas. All products shipped by the carrier must be checked upon delivery. If you find that your order is damaged, you should contact DIVINUS GOURMET immediately.
ORDER PROCESSING AND REFUSAL
After paying for the order, we start processing it.
DIVINUS GOURMET verifies all registered orders and reserves the right to refuse orders in case: the information provided in the Billing Details / creation of the User's personal account is incomplete or incorrect or in case of suspected fraud.
In these situations, the User will receive, by e-mail, information about the order's cancellation and its causes.
All orders are subject to confirmation of product availability.
In case there are difficulties in the supply of products or it is verified that the product is out of stock, the User is informed by e-mail and we proceed to return the payment within 30 days, counting from the notification of unavailability.
The payment will be returned by bank transfer, the User will be contacted to provide the necessary data for this purpose. This transfer does not entail any costs for the User.
CONSUMER'S RIGHT OF FREE RESOLUTION
Consumers have 14 days, counting from the date of delivery of the order, during which they can return the product, without having to indicate the reason.
To exercise the right of free termination, the following conditions must be met:
- the product must not have been used or altered;
- the original characteristics of the product must be maintained, which must be accompanied by the original packaging and without problems;
- the product must be complete and well packaged in the original packaging (if the item consists of more than one piece, these must be returned in full);
- inclusion of a copy of the invoice.
To exercise the right of free termination, the Consumer must communicate his decision to terminate the contract by means of a statement containing his name, address and contacts, identification of the purchased products, date of receipt of the order. The User can send his communication of resolution, which must contain the above mentioned information.
The resolution decision can be sent by mail (to: DIVINUS GOURMET, Évora Mercado Municipal, Loja 14 Cave. 7000-650 Évora) or e-mail (email@example.com ). In this case, we respond without delay, the notice of confirmation of receipt of the resolution.
The Consumer must, within 14 days from the date on which he sent the decision to terminate the contract, send or deliver the ordered product, must attach a copy of the termination notice and the purchase invoice, to the following address: DIVINUS GOURMET, Mercado Municipal de Évora, Loja 14, Cave 7000-650 Évora
As soon as the order is received, the Consumer will be informed by email and we will refund the amounts paid.
Return costs will be supported by the Consumer.
DIVINUS GOURMET is not responsible for damage caused during the product return process.
The Consumer will be reimbursed for all payments made, including delivery costs (except for additional costs resulting from choosing a shipping method other than the normal way offered), within 14 days from the date on which DIVINUS GOURMET be informed of the decision to terminate.
DIVINUS GOURMET can block the refund until it receives the returned products, or until it proves that the goods have been shipped.
The consumer expressly agrees that the refund will be made by bank transfer, without any additional costs.
Alternatively, within the same period, the Consumer may return it to the DIVINUS GOURMET store in Évora.
RETURN FOR NON-COMPLIANCE
If it finds that the product does not comply with the terms of the order specification, the Consumer may demand its correction or replacement, the appropriate reduction of the price or the termination of the contract, unless this proves impossible or constitutes an abuse of rights.
DIVINUS GOURMET provides that all products shipped will be examined by the customer immediately upon receipt. If any problem is detected with the product, the customer must return it to the transport company, justify the return and notify us immediately. By Portuguese DL n.º 24/2014, of February 14, the customer 14 days, after receiving the item at home, to contact DIVINUS GOURMET and express their willingness to return the item at no extra cost to the customer. The 14-day deadline count begins on the day of receipt of the articles. To clarify any doubts, please contact us.
You must return the products or deliver them to DIVINUS GOURMET, at Évora Municipal Market, Store 14, Fish Market Cave 7000-650 Évora. The deadline is considered to be respected if you return it within 14 days. You must bear the direct costs of returning the goods. We may block refunds until we receive the returned goods, or until you show proof of shipment of the goods.
The customer will be held responsible for the depreciation of the products resulting from handling that exceeds what is necessary to verify the nature, characteristics and functioning of the goods.
The same DL identifies the Exceptions to the right of free resolution:
It is not possible to exercise the right of free termination of the contract for the following products:
– Products made or customized at the customer's request;
– Products that cannot be resent or are likely to be damaged or expired;
– Sealed products not subject to return, for health or hygiene protection reasons when opened after delivery;
– Products that after delivery and by nature, are inseparably mixed with other items;
– Alcoholic beverages whose price was agreed upon when the contract was signed, whose delivery can only be made after a period of 30 days, and whose real value depends on market fluctuations that cannot be controlled by the seller;
– Sealed audio or video recordings or sealed computer programs, from which the customer has removed the inviolability guarantee seal after delivery;
– Providing a newspaper, periodical or magazine, with the exception of subscription contracts for the sending of these publications.
DIVINUS GOURMET may at any time and without notice, modify these conditions or introduce new ones, by publishing them in the domain www.divinus.pt
The validation of the order request means the acceptance, by the User, of the sales conditions that are in force at the date of validation of the order.
EXCLUSION OF WARRANTIES AND RESPONSIBILITY
Regardless of the rigor applied in updating the www.divinus.pt domain, it is possible that there may be involuntary errors in the information presented about the products, so DIVINUS GOURMET reserves the right to cancel the User's order, if this occurs.
DIVINUS GOURMET will only be held liable for any damages that the User may suffer as a result of the online sales service when these are attributable to a malicious act by DIVINUS GOURMET, recognizing and accepting the User that the use of this service is carried out under its full responsibility and risk.
For all stages of access to www.divinus.pt , in the ordering, delivery, Customer Support service or subsequent services, DIVINUS GOURMET only assumes an obligation of means. The responsibility of DIVINUS GOURMET cannot be extended to all the inconveniences or damages inherent to the use of the Internet network, such as the interruption of the service, an external intrusion, the presence of computer viruses or any other qualified fact in accordance with the applicable legislation.
In addition, DIVINUS GOURMET shall not be responsible in the event that the order is not delivered or if it is prevented from complying with any of its obligations by an external case, namely, in case of bad weather I have blocked the order's forwarding.
Tentações do Alentejo Lda., owns the DIVINUS GOURMET store and intellectual property rights, including industrial property, brand, designs, copyright and related rights of contents published in the domain www.divinus.pt that are not externally supplied and as such duly identified, directly or through an exclusive license, as well as products sold here, which constitute works of an intellectual and creative character specifically protected by the various branches of intellectual law, commercial rules, competition and other applicable laws.
Any use not authorized by others of the intellectual property rights indicated, in any context and for any functionality, will be subject to the legally foreseen and applicable consequences. The use of domain contents for personal use is only allowed. No part of the domain may be reproduced for sale or distributed for commercial gain, nor may it be modified or incorporated into any other work, publication or web domain.
ACCESS TO WWW.DIVINUS.PT
Access to all or part of www.divinus.pt may be suspended by decision of DIVINUS GOURMET, due to computer or technical difficulties, difficulties in telecommunications networks, strikes, national or local state of emergency, bad weather, among others.
Access to the page can also be interrupted at any time without notice for maintenance reasons.
The page will be susceptible to modifications and evolutions, including in terms of functionalities, at any time and without notification of any kind and without the user being able to claim any type of damage.
AUTHORIZATION OF HYPERLINKS
The use of hyperlinks to the domain www.divinus.pt will only be authorized by DIVINUS GOURMET through written authorization.
The authorization to insert a link does not, under any circumstances, imply an express consent to reproduce the visual and functional aspects of this website, and must show that it leads to a DIVINUS GOURMET website and that it is independent and not linked for no relationship or collaboration, association, sponsorship, employment, or any other type, to the website that contains the hyperlink.
It is also explicitly forbidden to create an environment or navigation bar on the pages that make up this site, without prior authorization.
The link can only consist of text. For the use of images or brands, authorization must be obtained.
Any website that contains a link to the domain www.divnus.pt must inevitably respect these General Conditions of Sale and Use of the Site, be characterized as a loyal and lawful link and comply with all applicable legal provisions and moral requirements and generally accepted good manners.
USER/CUSTOMER SUPPORT SERVICE AND DISPUTE RESOLUTION MEANS
All purchases made on www.divinus.pt are subject to Portuguese legislation. Any conflict or divergence in the interpretation of the Sales Conditions and Policies will be submitted to the competent Portuguese Court. If the Client is outside Portugal, we inform you that any legal proceedings must be exclusively filed in the Portuguese Courts.
Under the terms and for the purposes of the provisions of art. 18 of Portuguese Law No. 144/2015, of 8 September, we inform you that the RAL entity available is the Consumer Conflict Arbitration Center of Lisbon, with the following contacts:
Faculdade de Direito da Universidade Nova de Lisboa – Campus de Campolide 1099-032 – Lisboa
Telefone: 21 384 74 84 (das 15h às 16h)
Telefone da Direção-Geral do Consumidor: 707 788 787
In the event of a dispute that does not fit into the situations mentioned above, DIVINUS GOURMET and the consumer must resolve the situation amicably, within the scope of a mediation procedure of any other alternative means of resolution.