Terms and Conditions
The Site is owned MWC, Lda., NIF 514940107, com sede em N 322-2, Km 20 5060-056 Gouvinhas, Sabrosa, hereinafter reffered to as MWC
Our website is: https://www.mwc.wine
You may contact us by:
- Email: firstname.lastname@example.org;
- Telefone: +351 259 931 054 (Cost of call to national fixed network)
Through the Site, MWC gives the User access to the Services. The Services, including updates, developments, new tools and / or new web properties, are subject to these Terms.
2. General user obligations and liability
MWC reserves the right to change these Terms and Conditions at any time, by placing changes online on the Site, being the exclusive responsibility of the User to verify and comply with them during each use. Usage of the Site after the changes are posted constitutes acceptance of the updated Terms and Conditions. If the User does not agree with the changes or, in general, with the Terms and Conditions, he /she should immediately stop using the Site and the Services.
By accessing, using and downloading materials from the Site, the User agrees, on his behalf and / or on behalf of the entity on behalf of whoever is acting, to timely comply with the provisions of these Terms and Conditions, ensuring that he has the power to act on behalf of the third party the User represents, if that is the case.
Access to the Services is expressly prohibited by any means other than through the interface provided by MWC, as well as access (or attempted access) to the Site and / or the Services through automated means (including the use of scripts or web crawlers).
It is expressly prohibited to use the Site for purposes other than those for which the Site is intended, including illegal purposes or any others that may be considered harmful to MWC’s image on the market. Usurpation, counterfeiting, use of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.
The User is also prohibited from creating or introducing on this Site any types of viruses or programs that damage or contaminate it or advise third parties to do so.
Site access and adulthood
Access to the Site is free, except with regard to the cost of connection through the telecommunications network provided by the service provider contracted by the Client.
Since the contents and services of the Site relate, among other products, to alcoholic beverages, access to it is only allowed to persons of legal age, in accordance with the provisions of their state of residence. If you are a minor, please leave this website immediately.
In order to be able to access certain Services and restricted areas of the Site, the User may be asked to provide some personal data (such as identification and contact details), as part of the registration process for creating a User account. on the Site (“User Account”). The User must provide a valid email address that he / she has the right to legitimately access, as well as any other information necessary to complete the registration process. The information provided must be updated, complete and accurate.
The User is responsible for maintaining the confidentiality of his / her password. If the User detects any illicit use of the User Account, he / she must immediately notify MWC. However, the User can be held responsible by MWCor a third party for the illegal use of his / her User Account or password.
The User account must only be used by a third party with the consent of the respective holder.
The User is solely responsible for any emergent damages or lost profits caused by his / her unlawful conduct when using the Site and the Services and for the Content made available on the Site.
If MWC deactivates or otherwise withdraws access to the User Account, the User understands and accepts that he / she may be prevented from accessing certain restricted areas of the Site, the details of the User Account or any content therein.
3. MWC’s rights and obligations
MWC reserves the right to (i) modify, add or remove parts of the Terms and Conditions at any time; (ii) modify or terminate the Services for any reason and without prior notice at any time; (iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or that violates the intellectual property rights of third parties or the Terms and Conditions; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, partially or totally. These changes will take effect as of their placement on the Site or the date of sending any communications.
MWC is committed to providing technical support to the User with a User Account, which is only available via email.
4. Intellectual property and personality rights
All information contained on the Site and Services and all data and information compiled by MWC associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which the User has access as part of the Services by using them are considered MWC or third party content when properly identified. The User is not allowed to modify, rent, lend, borrow, sell, distribute or create a derivative work based on the referred contents (partially or totally), unless expressly authorized in writing by the MWC or by third party that holds the intellectual property and personality rights.
The User acknowledges and agrees that MWC retains all intellectual property rights (whether those rights are registered or not and in any part of the world where those rights may exist) relating to the Services. MWC retains all rights not expressly granted to the User in these Terms and Conditions.
The User further agrees not to remove, hide or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.
Brands and related
Unless expressly authorized by MWC to do so, nothing in the Terms and Conditions gives the User the right to use any of the registered trademarks, commercial brands, service marks, logos, domain names and other brand features distinctive features of MWC.
MWC grants the User a personal, worldwide, free, non-transferable and non-exclusive license to use the purchase interface on the Site as part of the Services provided (“Software”). This license has the sole purpose of allowing the usage of the purchase service as it is made available on the Site, as permitted by the Terms and Conditions.
The User is not allowed (nor can he / she allow third parties) to copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, try to extract the source code of the Software or any part that composes it, unless this is expressly permitted or provided for by the applicable legislation or the User has been specifically authorized in writing by MWC to do so. Unless MWC has granted the User a specific written authorization to do so, he / she cannot assign (or assign a sub-license to) its rights to use the Software, grant a guarantee regarding its rights to use of the Software or, alternatively, transfer any part of your rights to use the Software.
5. Exclusion of guarantees
To the extent permitted by applicable law, the services are provided “as is” and “as available” and MWC does not provide any type of guarantee in relation to them. In particular, MWC does not guarantee to the User that (i) the use of the services meets his / her needs or expectations; (ii) the use of the services is not interrupted, or that is punctual, safe or free from errors; (iii) any information obtained, resulting from the use of the services, is accurate or reliable; and (iv) that defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms with respect to satisfactory quality, fitness for purpose or compliance with the description) apply to the services, except to the extent that they are expressly defined in the Terms and Conditions.
The use, by the User, of the website, of the services, as well as of any materials downloaded or otherwise obtained through the use of the services is done at his / her sole risk, being solely responsible for any emergent damages and lost profits caused to the equipment where he / she uses or views the Site, services and materials available there.
Nothing in the Terms and Conditions shall affect the rights provided for by the applicable legislation to which the User is always entitled as a consumer, if in that capacity he / she intervenes and relates to MWC, and which, contractually, cannot agree to change or waive.
No recommendation or information, oral or written, from MWC should be interpreted as constituting a guarantee of any kind, unless expressly provided for in the Terms and Conditions.
To facilitate user accessibility, MWC may include links to websites on the internet that are owned or operated by third parties. When using the links to these third party sites, the User must review and accept the rules of that site before using it. The user must also accept that MWC does not control the content of that website and cannot assume any responsibility for the materials created or published by these third party websites. In addition, a link to a non-MWC website does not mean that it supports the website or the products and services referenced there.
6. Limitation of liability
To the extent permitted by applicable law, MWC assumes no liability to the User for any resulting damages from:
- a) any judgment by the user related to the integrity, accuracy or existence of any advertisement or any relationship or transaction carried out with any advertiser, whose advertising is shown on the services or in the MWC newsletter;
- b) any changes that MWC may make to the services or any permanent or temporary cessation of the provision of services (or any functionalities of the services);
- c) the elimination, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the services;
- d) the direct or indirect violation of the Terms and Conditions;
- e) the failure to maintain the security and confidentiality of the password or user account details.
MWC’s liability for compensation for any emergent damages and loss of profits related to the website and services, caused by MWC, its representatives or helpers is limited to cases in which it acts with intent or serious fault. If you disagree, partially or totally, with the website or services, or with the terms and conditions, you only have the option to stop using the website or services, as applicable, and to demand the cancellation of your user account.
8. General provisions
In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions on the Site relating to certain materials, these must prevail.
Exercise of rights
The non-exercise or non-immediate application of rights or provisions by MWC, provided for in the Terms and Conditions, should not be interpreted as a waiver of them.
The Terms and Conditions constitute the entire agreement between the User and MWC regarding the use and consultation by the User of the Site and Services, and regulate the use of these (excluding any Services that may be provided by MWC within the scope of a separate written contract), completely replacing any previous agreements between the User and MWC in relation to the Site and the Services.
The invalidity, declared by a final judicial or arbitration award, of some provision of the Terms and Conditions does not determine the invalidity of the others, reserving MWC the right, if necessary, to modify the Terms and Conditions accordingly to supply the invalidity.
Notifications / Communications / Complaints
Any notifications and communications from MWC to the User under the Terms and Conditions should preferably be made to the email address or address provided by the User in his / her User Account, without prejudice to MWC being able to use other contact elements and forms.
Any notifications, communications and complaints from the User should be made, preferably, to the email [email@example.com].
Complaints must be submitted within a maximum period of 30 (thirty) days, counted from the Client’s knowledge of the facts, being recorded in MWC’s information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
9. Applicable law and jurisdiction
The Terms and Conditions, as well as the User’s relationship with MWC in accordance therewith, are governed by the applicable laws of the Republic of Portugal. The User and MWC agree to submit to the exclusive jurisdiction of the judicial courts of the Vila Real District the resolution of any legal issues resulting from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, MWC may apply precautionary measures (or an equivalent type of urgent legal compensation) in any jurisdiction.
General purchasing conditions
1.1. The present general conditions (“General Conditions”) govern and are an integral part of the service provision agreement entered into through the website www.mwc.wine (“Site”) between MWC, Lda., NIF 514940107, com sede em N 322-2, Km 20 5060-056 Gouvinhas, Sabrosa, hereinafter reffered to as MWC, and the client who signs the contract (“Client”), whose object aims to provide services for the purchase of products marketed by MWC (“Contract”).
2.1. The procedure for purchasing products through the Site is as follows:
2.1.1. Start the process by clicking on “Buy” or “Add” that appears next to each product.
2.1.2. Confirm the product units to be purchased. In the cart, the Customer must click on “Buy” to enter his personal data and the shipping address and later receive the order correctly.
2.1.3. The Customer must select one of the payment methods provided by MWC.
2.1.4. Finally, the Customer must click on “Finalize purchase” and will receive confirmation of acceptance of his order through a message on the screen and an email at the address he has previously provided.
2.2. With the confirmation of the purchase data by the Customer, a code is assigned to this code that must be referenced in all contacts with MWC, acquiring the Customer the right to the services contracted with MWC, under the terms and conditions described in the respective proof of booking and in the Contract, after payment under section 6.
2.3. The Customer assumes the responsibility of entering, correctly and reliably, the product delivery data, and MWC will have no responsibility in the event that delivery cannot be made due to inaccuracy or incorrect data.
2.4. The order description is the one in the technical description of the product. Any discrepancy between the product purchased by the consumer and the one published on the platform will be the responsibility of MWC.
2.5. In the case of payment by bank transfer, MWC cannot guarantee that the price of the product will be maintained for more than 48 hours and that there is sufficient stock.
2.6. MWC offers the Customer a service to purchase products for consumption, both for individuals and companies. MWC does not authorize the resale of these purchases, nor does it provide documentation for this, and the Customer is fully responsible for these actions, MWC being exempt from any responsibility in the case of resale of these products. If users are legal persons, consumer legislation will not apply to them and, in an illustrative but not limiting way, rights such as the right of withdrawal will not apply.
3.1. Prices are indicated in euro.
Unless explicitly stated otherwise, the price of the service or product includes taxes legally due (namely, Value Added Tax), which will be charged by MWC to the Client at the legal rate in force, depending on contracted services.
5.1. The making of purchases, changes to them and cancellations may be subject to the payment of fees charged by MWC to the Client, calculated according to the type of purchase, the date of the purchase (or the respective change or cancellation) and the applicable tariff, disclose when the purchase is made by the Client.
5.2. The fees owed by the Client to MWC are non-refundable even if he / she does not use or enjoy the contracted goods and / or services, as well as for any other reason not attributable to MWC, unless the Client cancels the purchase under the terms described in the General Conditions.
6.1. The Customer will be able to pay for purchases made through the means that MWC makes available on its Website, as referred to in the section of the purchase process. In any case, these will always be systems that guarantee a secure payment.
6.2. MWC reserves the right to use electronic means of payment from third parties and / or financial institutions to manage payments made by the Client through the Site, in collaboration with the providers of means of payment.
6.3. MWC does not have access to bank details linked to the Client’s means of payment and does not know or record these details during the payment transaction.
6.4. MWC reserves the right to reject or cancel, after notifying the Customer, with total discretion, the orders in which they may be found (i) inaccuracies or notorious errors in the product, (ii) inaccuracies or manifest errors in pricing through the Site or (iii) any suspicion of fraud or that false, incomplete or inaccurate important data has been provided by the Customer.
6.5. MWC reserves the right to request a copy, by fax or e-mail, of the card used in the purchase and of the identity document, bank statement, national identity document, passport or documentation equivalent to the Customer’s national identity document, for confirm the accuracy of the data provided.
6.6. To proceed with payment by wire transfer, the Client must make a transfer with the elements that will appear in the order confirmation mail. It will indicate the account number to which the transfer should be made, the amount and the reference that must be attached to speed up the process of definitive acceptance of your order. The order will follow the procedures when the full amount of it is received, and the period of delivery communicated to the Customer will start counting from the date of receipt of the total amount in the account. The order made by wire transfer is valid for 48 hours. Any payment made after this period may be subject to changes in product availability or prices.
6.7. The Client expressly authorizes MWC, in the case of requesting an invoice for the purchased products, to issue it in electronic format.
6.8. If payment is made through PayPal and a billing agreement has been created with PayPal, by ticking the box “Remember PayPal data”, and if you wish to cancel that agreement, you can do so by accessing your user account at “My Account” -> Edit Profile “or by accessing your PayPal account and canceling the agreement. The Customer declares that, in such cases, his data will be processed by PayPal.
7. Shipping and delivery charges
7.1. The shipping costs for orders placed by the Customer will be borne by the Customer, unless the contrary is expressly stated.
7.2. MWC will indicate the amount of shipping costs in the ordering process; these expenses must be approved by the Customer before accepting the order, unless they are included in the price. MWC will previously indicate to the Client, in the purchase process, any additional expenses incurred in the contracting process.
7.3. MWC will inform the Customer of the estimated delivery time of the order in the purchase process. The delivery times indicated in the order are only an estimate and refer to working days. MWC is not responsible for additional delays in relation to the estimated delivery time
7.4. It is the responsibility of the Customer to verify the order at the time of delivery and to make, at that time, any complaints that it considers justified, such as stock rupture or lack of products. In the event that the Customer does not refer to the carrier, at the time of delivery and in the appropriate document (delivery notes), any anomaly in relation to the order received (out of stock, lack of goods, erroneous products), MWC will not be responsible for complaints or the costs of a subsequent complaint. MWC may request, in case of any complaint from the Customer for an incident in the delivery, photographs that confirm the said complaint.
7.5. MWC does not assume any responsibility derived from the non-fulfillment of the obligations described in this clause, due to the action or omission of the logistics operator, without prejudice to the actions that MWC can freely carry out to help find the best solution for the incidents that occurred, at the request of the parties . In the event that MWC is in charge of logistics management, the Client will be previously and duly informed.
7.6. The delivery of orders will be made to the delivery address freely designated by the Customer on the order form, provided that the address is included in the distribution areas on the Platform. MWC will not assume any responsibility when the delivery of the product does not take place due to inaccurate or false data made available by the Client for this purpose, as well as in the event that the delivery cannot be made due to causes beyond the designated shipping company. for this purpose, such as the absence of the recipient, for example.
7.7. The order will be delivered as soon as possible and always before thirty (30) calendar days from the date of your confirmation. Although information is given about the approximate delivery time at the time of ordering, MWC reserves the right to be able to change this period, provided it informs the Customer in advance. The delivery time stated in the order is informative, not contractual. Whenever the product has not been shipped and / or the total delivery term, from the date of payment of the order, exceeds the 30 calendar days, the Customer can cancel his order without any cost and receive a refund of the same .
7.8. Deliveries will be made on business days (Monday to Friday) and business hours (9 am to 7 pm). Unfortunately, no deliveries are made on weekends, outside business hours or holidays, regardless of whether the Client requests these options in his order or in any communication made to MWC.
8. Impossibility of compliance
8.1. Orders can be canceled free of charge until they are ready to be shipped to the Customer. If the Customer’s cancellation request arrives after the order has been prepared, that cancellation request will be considered a return by the Customer.
8.2. The Customer will be able to freely resolve the purchase and sale contract, without giving reasons, within fourteen (14) calendar days following the date of receipt of the product. The date of proof of delivery of the product will serve for the purpose of beginning the counting of the said period of fourteen (14) days.
8.3. In order to exercise his right of free resolution, the Client must communicate it to the email address firstname.lastname@example.org, mentioning, for identification and management purposes, the email used for the purchase and the order number. MWC will respond to the Client, specifying the necessary instructions for exercising the right of withdrawal.
8.4. The Customer will bear the expenses and other management associated with the return of the product, which must be packaged and sent safely, so that the returned merchandise arrives in perfect condition. The Customer will be responsible for any damage, damage or loss suffered by the product in this process.
8.5. MWC, in case of free resolution of the order, will refund the total amount of the order, discounting the collection expenses, which will usually be managed by MWC, using the same payment method used by the Customer for the purchase of the product, within maximum of fourteen (14) calendar days from the verification of the perfect condition of the product sent by the Client to MWC.
8.6. MWC will only accept the return of the product when its use has been limited to the simple proof of its good functioning by the Customer, in accordance with the legislation in force.
8.7. MWC will not allow the return of any product that has suffered damage attributed to the Customer.
8.8. The product must be returned in its original packaging and in perfect condition, that is, undamaged or soiled by the Customer, and will be sent to the location indicated by MWC in the instructions sent to the Customer. In addition, the packaging must be completely and integrally identified, so that the sender can be known. If it is not sent under the conditions described in these terms, the asset will suffer a devaluation that must always be paid by the Client.
8.9. Withdrawal does not fit in the cases contemplated in article 103 of the Royal Legislative Decree 1/2007, of 16 November, through which the Consolidated Text of the General Law for the Protection of Consumers and Users is approved. In an enumerative but not limiting way, the return is not possible in the case of personalized or perishable products, without prejudice to the aforementioned; in case of doubt, the Customer may contact MWC in advance.
8.10. If there is an error in the shipment or any defect in the product, MWC undertakes to exchange the defective product for an identical one, as long as it is available. The Customer will bear the costs of return and shipping. In the event that the exchange cannot be made, the amount of the referred product will be returned within 14 calendar days. To make a return, contact us by phone +351 259 931 054 or by email email@example.com.
9. Impossibility of compliance
When, for facts not attributable to it, MWC cannot fulfill obligations resulting from the Contract, it must immediately notify the Client of this impossibility. If the impossibility respects any essential obligation, the Client may terminate the Contract without any penalty or accept in writing an amendment to the Contract and any variation in price. The Client must inform MWC of his / her decision within 4 working days after receiving the notification from MWC, assuming, if he / she says nothing, that he agrees with the change.
10.1. All products and services sold on the Site are in compliance with the Portuguese law.
10.2. The Site has adequate security levels, however MWC will not be responsible for any losses suffered by the Client and / or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely , any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading (“download”) through the infected or containing files service viruses or other properties that could affect your equipment. If for any reason of error in accessing the Site it is impossible to provide the service, MWC will not be responsible for any losses.
10.3. The consultations of data and information carried out within the scope of this Service are deemed to have been carried out by the Client, and MWC declines any responsibility arising from the abusive or fraudulent use of the information obtained.
10.4. MWC will not be responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to it as intent or serious fault.
10.5. MWC is not responsible for the damages or damages resulting from the non-fulfillment or defective fulfillment of the Service when this is not directly or indirectly attributable as an intent or serious fault, and is not responsible for:
(i) errors, omissions or other inaccuracies relating to the information made available through the Service;
(ii) damages caused by the fault of the Client or third parties, including violations of intellectual property;
(iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or
(iv) for non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside MWC and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by MWC that prevent or hinder the fulfillment of the assumed obligations.
10.6. MWC does not guarantee that: the Service is provided uninterruptedly, is safe, without errors or works in an infinite way; the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the Customer in relation to it; any material obtained in any way through the use of the Service is used at the Client’s own risk and risk, the latter being solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation. No advice or information, whether oral or written, obtained by the Customer from or through the Service will create any warranty that is not expressed in these General Conditions.
10.7. The Client accepts that MWC cannot in any way be held responsible for any damage, including, but not limited to, damage due to loss of profits, data, content, or any other losses (even if previously notified by the User about the possibility the occurrence of such damages), resulting from: the use or inability to use the Service; the difficulty of obtaining any substitute for goods / services; unauthorized access or modification to personal databases.
10.8. The Customer reports to MWC under the terms of the law.
11. Personal data
All communications or notifications under the Contract must be made using the information provided by the Client through the online form. Any changes to the Client’s data and any communication or notification sent by the Client to MWC must be made to the email address firstname.lastname@example.org.
13. General provisions
13.1. The General Conditions are only applicable to bookings made through the Site, being a complement to any particular conditions agreed in writing between the Client and MWC regarding the object of the Contract or referred to in a specific area of the Site for a specific product or service, including the proof of booking (“Particular Conditions”), which are also an integral part of the Contract.
13.2. The provisions of the Particular Conditions prevail, in case of conflict, over the General Conditions, prevailing over both any additional written stipulations specially agreed between the Client and MWC and signed by both, which are part of the Contract.
13.3. Once the Contract is signed, it can only be changed in writing, by a document signed by the Client and by MWC, which becomes an integral part of that.
13.4. The provisions of these General Conditions may be changed at any time by MWC for future legal relations, without prior notice. As such, whenever you make a purchase, and even if you use the Site frequently, you should read them in full.
14. Applicable law and jurisdiction
The Contract is governed by the laws of the Republic of Portugal.
The Vila Real District Court is exclusively competent to resolve any disputes arising from the validity, execution, execution, non-compliance, extinction or interpretation of the Contract, without prejudice to the applicable mandatory legal rules.
15. Alternative Dispute Resolution
In the event of a consumer dispute, the consumer can use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or the following alternative consumer dispute resolution entities:
- CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Tel.: 213 847 484; E-mail: email@example.com
- CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Tel.: 289 823 135; E-mail: firstname.lastname@example.org
- Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Tel.: 239 821 690/289. E-mail: email@example.com
- Centro de Arbitragem de Conflitos de Consumo de Lisboa
Tel.: 218 807 000 / 218807030. E-mail: firstname.lastname@example.org; email@example.com
- Centro de Informação de Consumo e Arbitragem do Porto
Tel.: 225 508 349 / 225 029 791; E-mail: firstname.lastname@example.org
- Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
Tel.: 253 422 410; E-mail: email@example.com
- Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
Tel.: 253 617 604; E-mail: firstname.lastname@example.org
- Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira
Address: Rua Direita, 27 – 1º Andar, 9050-405 Funchal; E-mail: email@example.com