Introduction
These terms and conditions of use (“Terms and Conditions”) set out the rules for access and use of the platforms below, both hereinafter referred to as the “Platform”:
• www.sovina.pt;
• www.cervejartesanal.com.
The platform www.sovina.pt – and all content contained therein (unless otherwise stated) belongs to Sovina, Lda. (“Sovina”), a commercial company based at Rua Manuel Pinto de Azevedo, no. 65, Warehouse 4 and 5, 4100-321 Porto, Portugal, registered in the competent Commercial Registry office under the sole registration number and legal person 508979951, which has as its social object the manufacture and marketing of beer, and also the marketing of brewing equipment.
The platform – www.cervejartesanal.com -and all the contents contained therein (unless otherwise indicated) belong to Esporão, S.A. (“Esporão”), a commercial enterprise based at Herdade do Esporão, 7200-229, Reguengos de Monsaraz, registered in the competent Commercial Registry Office under the sole registration number and legal person 500116377.
Users or customers who purchase products on the Platform, hereinafter referred to as “Users” or individually as “User”, when they initiate navigation and/or interact with the Platform, accept these Terms and Conditions. Users may be individual consumers, personal consumers, as well as legal persons.
In particular, in relation to www.cervejartesanal.com( ), Users have the possibility to place online orders. As such, in the case of order requests on that platform, the rules of electronic contracting are established in these Terms and Conditions, and Users are provided with mandatory pre-contractual information in accordance with applicable law.
Users accept the Privacy and Personal Data Protection Policy, which contains the rules of Sovina and ESPORÃO, as responsible for the processing of personal data, regardingthe processing of personal data made available on the Platform. Users also accepts the Cookie Policy.
General conditions
Access to the Platform and its contents
Access to the Platform is restricted to Users of legal age for the consumption of alcoholic beverages, according to the rules of the country from which the Platform is accessed (in Portugal, jurisdiction where Sovina is established, the User must be 18 years or older to access content related to alcoholic beverages).
The User shall not use the Platform if:
i) Do not accept the Terms and Conditions described herein;
(ii) you wish to access content relating to alcoholic beverages and are not of legal age to consume alcoholic beverages in your country or in the territory from which access is made;
iii) Are located in a country that prohibits the use or viewing of the content of the Platform.
Technical access to the Platform
In order to access the Platform, you must have a device connected to the Internet, and it is the responsibility of the User to ensure that the device contains the technical specifications necessary for its use and the necessary security and protection measures.
Use of platform content
The User may take advantage of the content displayed or disclosed on the Platform, printing or causing third parties to print any content that is available on the Platform, or by transferring the content to his computer, or to another identical device, provided that the content:
(i) it is for strictly personal and non-commercial use only;
(ii) the indication of copyright or other indication of intellectual property is not withdrawn;
iii) The content remains unchanged under any circumstances.
Content that does not relate to the purchase and sale of products is made available to Users for informational or promotional purposes only and, in such terms, Sovina and ESPORÃO do not guarantee the reliability, veracity or accuracy of the information, and is not responsible for any errors.
Copyright, trademarks and other intellectual property rights
The contents of the Platform, including, but not limited to, trademarks, designs, logos, text, images, audio and video materials, are the exclusive property of Sovina and/or ESPORÃO, unless otherwise stated.
It is not permitted in any way to display, reproduce, distribute, modify, transmit and/or use content belonging to Sovina and/or ESPORÃO for public and/or commercial purposes, without their prior and express consent.
Content transmitted on the Platform:
You represent and warrant that:
- Does not transmit any unlawful, threatening, accusatory, defamatory, obscene, scandalous, pornographic or profane content and/or any other content that may constitute or promote any unlawful conduct;
- It does not violate intellectual property rights or any other rights of third parties,
- It does not promote excessive alcohol consumption;
- It does not violate any laws or regulations.
Sovina and ESPORÃO do not previously filter or monitor content transmitted to (or placed on) the Platform by Users or third parties and, as such, are not responsible for filtering or monitoring any content above.
In the event of notification of any legal violation by content transmitted to (or placed on) the Platform, Sovina and/or ESPORÃO may determine that the content is removed from it.
Sovina and ESPORÃO shall cooperate with all competent authorities with regard to the application of the law in force and shall comply with all judicial decisions.
It is clarified that, except in the case of a court order or a police body or in case of manifest illegality by content made available on the Platform, Sovina and ESPORÃO have no obligation to remove content transmitted to (or placed on) by Users or third parties and assume no liability or obligation arising out of or relating to any such content, including, but not limited to, any error, defamation, libel, perfidy, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein.
Any communication or other content transmitted to (or placed on) the Platform to a discussion group, whether by email, file submission or otherwise, will be considered as information available to the entire group and therefore not confidential.
The User, by transmitting content to one of the platforms, you are automatically granting Sovina or ESPORÃO a free, perpetual (or maximum period permitted by applicable law), and not exclusive to use, reproduce, modify, publish, edit, translate, distribute, perform and display such content separately and/or as part of other work in any form, medium and/or technology that are currently known or will be developed in the future and also to sublicense such rights to third parties under the same conditions. In case of need, and at the request and expense of Sovina or ESPORÃO, the User shall confirm these rights granted to Sovina or ESPORÃO through an autonomous signed document.
You agree that Sovina and ESPORÃO are free to use any ideas, concepts, know-how or techniques contained in any content transmitted to (or placed on) the Platform, regardless of the purpose underlying such submission, including, but not limited to, the development, manufacture and marketing of products, and it is further clarified that Sovina and ESPORÃO do not need to give any compensation or recognition to you in exchange for such use. If the User does not agree to these conditions, he/she shall refrain from submitting such content through the Platform.
Responsibility
Without prejudice to the measures provided for by law, the User undertakes to indemnify and exempt Sovina and ESPORÃO from all liabilities arising from the misuse of the Platform and/or non-compliance with these Terms and Conditions, and to reimburse Sovina and ESPORÃO in full for all costs and expenses of any kind, which it may bear, as a result of any claim or action directed by third parties against Sovina or ESPORÃO (e.g., infringement of third party rights: copyright, licenses, patents and other industrial property rights, image rights and others).
Sovina and ESPORÃO do not guarantee that the Platform is protected from errors, disturbances, failures or viruses, and in turn the User is responsible for ensuring that the devices you use to access the Platform have virus protection programs installed.
In cases of interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users, Sovina and ESPORÃO are not liable for losses arising therefrom.
Electronic contracting
Online ordering – www.cervejartesanal.com:
As mentioned above, the platform is managed by ESPORÃO.
The Terms and Conditions, in the context of online orders in the Store, comply with the legislation on e-commerce, in particular the provisions of Articles 26 of Decree-Law No. 7/2004 of January 7 (in its current wording), Decree-Law No. 290-D/99, of August 2 (in its current wording) and with the provisions of Decree-Law No. 24/2014 of February 14 (in its current wording) and Law No. 144/2015 of September 8, If it does not agree with the conclusion of the contract for the purchase and sale of products by electronic means, you should not purchase the products that we make available on that platform.
Online order registration
Contracts for the purchase and sale of products are concluded in Portuguese.
The User, in order to make purchases in the online brewery store (“Store”), will need to create an account to access the Platform, by completing a free online registration form, accessing the registration area available on the Platform.
In order to register, you must provide an email address and set a password. Your password is personal and non-transferable and should not be shared with third parties.
If you do not register with the Store, you must register at the time prior to purchase. For this purpose, just create an account here.
Registration in the Store allows the User to purchase products and consult their order from the time of payment to the delivery of the same at the desired address, being notified by e-mail about the delivery procedure.
If the User forgets the password, he/she must click on the “Login” field, and then in the field where it says “if you have forgotten your password please click here“.
At the time of registration, if the User so wishes, he/she can click on the option to receive the Sovina newsletter and its trademarks on a regular receipt of the newsletter.
At any time, each User may request the cancellation of their account on the Platform at no associated cost.
Order
All products sold in the Store are in accordance with Portuguese legislation.
The products available are visible under the “Brewery Shop” tab, separated by topics or categories related to beer or production.
Periodically, products for sale at a discount sale are placed on a platform tab.
When searching for the products you want to purchase, you are provided with the following information about them:
- Stock;
- Photographs;
- Brief description of the article;
- Value of product with VAT included;
- Article weight (additional information).
If you want to purchase a product, you must click the “Buy” button to select and add the product to the “Shopping Basket”.
If you wish to continue to purchase products on the Platform, you may return to the Store and add products to the “Basket”. If you click on the “Basket” option, you will be presented with the list of selected items, with the indication of the chosen quantity and the unit price (which includes the applicable taxes).
At the end of the purchase process, a message and/or email is sent to the User confirming the registration of the order.
ESPORÃO is not responsible for any delay or impossibility of processing the order, in particular with regard to the act of delivery, due to error or insufficiency of the data communicated by the User or by any false identity.
Payment options
Following the order confirmation, you will find the following payment options at your disposal:
- Payment through ATM reference available in the Store;
- Mbway®
- Paypal®.
After payment is made, a communication is sent to the User to mention that the order is finalized and that it will be dispatched.
Expedition
ESPORÃO sends the products marketed in the Store to any address located in Mainland Portugal or in the Azores and Madeira Archipelagos and to Spain, and the User must select where he wants the products to be shipped. You can also select the possibility to pick up the products at the ESPORÃO facilities.
Prices
The total price of the order varies depending on whether you are a final consumer, natural person, or a legal person.
All prices include VAT at the legal rate in force at the time of purchase.
Shipping costs are validated in the final phase of the ordering process, depending on the country from which the order is placed, as well as depending on the weight of the cargo and delivery time. For Mainland Portugal, the value of delivery costs is as follows:
| Table: order delivery in 72h | |
| KG | Mainland Portugal |
| Up to | |
| 2 | 4.20 € |
| 5 | 5,20 € |
| 10 | 5,75 € |
| 15 | 6,40 € |
| 20 | 7,33 € |
| 25 | 8,58 € |
| 30 | 9,83 € |
| 35 | 11,08 € |
| 40 | 12,60 € |
| 45 | 14,24 € |
| 50 | 15,74 € |
Shipping time and billing address
The order will be shipped within a maximum of 72 hours from the date ESPORÃO confirms the payment of your order.
Madeira Archipelago and Azores Archipelago
Your order will be shipped within a maximum of 72 hours from the date ESPORÃO confirms the payment of your order.
Shipping to billing address
As registration in the Store is mandatory in order to make your order, the delivery address is associated with the billing address, except in cases where the User expressly requests the sending of the products to another address.
Right of free resolution
The User has the right of free re-employment of the contract entered into with ESPORÃO under these Terms and Conditions, within 14 calendar days, without the need to indicate any reason.
The period for the exercise of this right of free resolution ends 14 days from the day following the day on which the User acquires or a third party indicated by him, other than the carrier, becomes in physical possession of the products.
The User, in order to exercise his right of free revocation, must communicate to ESPORÃO his decision to resolve this contract through geral.sovina@esporao.com and, by means, an unequivocal statement.
In order for the period of free resolution to be respected, it is sufficient that the User’s communication regarding the exercise of the right of free resolution is sent before the expiry of the resolution period.
Effects of free resolution
In the event of a resolution of this contract, the User shall be reimbursed all payments made, including delivery costs (with the exception of additional costs resulting from his choice of a mode of dispatch other than the least onerous normal shipping method offered by ESPORÃO), without undue delay and, in any case, no later than 14 days from the date on which ESPORÃO was informed of its decision to resolve the contract. ESPORÃO issues refunds using the same payment method that was used initial transaction, unless expressly agreed otherwise with you.
In the event of return or cancellation of the order, the amount will be transferred to the User’s account, not making exchanges or returns of modified products and the User will receive a communication to say that the order has been cancelled.
ESPORÃO will only accept returns of products that are complete with the packaging in their original state, which may not be damaged, altered or scratched, accompanied by the invoice.
The User will have to bear the direct costs of returning the products, and may also be responsible for the depreciation of the products that results from a manipulation that exceeds what is necessary in relation to the nature, characteristics and operation of the products.
ESPORÃO may withhold a refund until it has received the returned products, or until the User has proven that they are sent, whichever comes first.
In the case of an order for products that, by their nature, cannot be resubmitted, or are likely to deteriorate, or quickly fall out of time, the User cannot freely resolve the contract.
Guarantees
Tangible products (brewing equipment) sold in the Store will be guaranteed by the manufacturer, under the conditions set out in accordance with Decree-Law No. 67/2003 of April 8 (in its current wording), granted to the User of the product in case of non-conformity of the good with the contract, for the period of two years from the date of delivery of the product.
In accordance with that legal document, during the warranty period, the denunciation of the non-conformity of the product must be made by the User within 2 (two) months of the date on which he has found such non-conformity.
If the time limits are exceeded, the User loses the right to invoke the guarantee that the law confers on him/ her.
Final provisions
If any provision of the Terms and Conditions is deemed to be void by any court with competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
Sovina and ESPORÃO may cancel the availability of any part or all of the Platform for commercial or operational reasons, thus not ensuring that the Platform or its content is permanently available, committing, whenever possible, to inform users registered on the Platform.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Portuguese Law.
In the event of a dispute related to these Terms and Conditions and/or the use of the Platform, the jurisdiction for its assessment is that of the District of Lisbon.
Pursuant to Article 18 of Law No. 144/2015 of 8 September, in the event of a consumer dispute, the User, as a consumer, may also resort to:
CNIACC – National Center for Information and Arbitration of Consumer Disputes
Tel: 213 847 484; E-mail: cniacc@unl.pt
Web: www.arbitragemdeconsumo.org
Alternative dispute resolution is the possibility that all consumers have at their disposal to use official entities to assist them in resolving, or guiding some conflict, before opening litigious proceedings in the Courts.Alternative dispute resolution is usually less expensive, less formal and faster than the judicial route.
