GENERAL CONDITIONS OF SALE
1. PURPOSE
1.1. These General Conditions shall govern the terms and conditions of provision of the Online Store Service of Mouchão e Cavaca Dourada, S.A., hereinafter referred to as Mouchão.
1.2. While browsing this website, the User accepts the terms and conditions of online sales set forth below, which shall apply exclusively to online sales.
1.3. Mouchão reserves the right to amend the Terms and Conditions of online sales at its discretion and without prior notice.
1.4. This website is maintained by Mouchão to be used exclusively by “end consumers”, i.e., exclusively for purchases outside the scope of their professional activities, business or occupation.
1.5. The online purchase of beverages is only allowed in countries and other territories where alcohol consumption is permitted by law and for persons with legal permission to purchase and consume alcoholic beverages.
1.6. Users of this website shall leave it if:
– they do not accept the Conditions;
– they are not “end consumers”;
– they are not of legal age to purchase and consume alcoholic beverages in their country and/or other territory where they are located;
– they are in a country or other territory where use of and/or access to this website is not allowed.
2. PRODUCTS
2.1. The images featuring each Mouchão product may differ from the product subsequently delivered and the products may be subject to stock shortages.
2.2. Mouchão does not sell defective products or products that do not meet current market standards.
2.3. The main specifications of each product featured in mouchao.pt are listed on each product page.
2.4. Products offered for sale on mouchao.pt may not correspond exactly to the actual products in terms of image and colours due to the Internet browser and monitor used.
3. PRICING
3.1. Under Portuguese law, all prices shown at the Mouchão online store include the respective VAT at the applicable rates.
3.2. Shipping rates shall apply according to each order.
3.3. The exact price of the shipping rate shall depend on the order’s delivery destination country and weight. For further information on shipping rates for each country, please consult the Help/FAQ’s section of the website.
3.4. Shipping may be free of charge for orders that exceed the minimum amount set out on the website, depending on the corresponding country or campaign.
3.5. The prices shown are in euros, so please bear in mind that there may be price differences regarding transportation costs depending on the country where the order is delivered.
3.6. The total price specified in the final checkout menu includes taxes and shipping costs.
3.7. Prices are set when the order is confirmed. The User shall only pay the exact amount specified in the order confirmation and shall make individual payments for each order.
3.8. Price changes
3.8.1. The prices of the products listed on the website are subject to change. Mouchão reserves the right to change prices without prior notice.
3.9. Promotions featured on the Mouchão online store may not apply to the physical store located at Adega do Mouchão.
4. ORDERS
4.1. To order at mouchao.pt and use all the browsing features of the Mouchão online store, the User must have an e-mail account and their browser should be configured to accept cookies and pop-ups.
4.2. The fulfilment of any orders placed on the website shall be subject to product availability.
4.3. To order
4.3.1. Find the products you intend to purchase;
4.3.2. Add the selected products to your shopping cart;
4.3.3. Conclude the product selection;
4.3.4. Select the payment method;
4.3.5. Review your order;
4.3.6. Make the payment;
4.3.7. You will receive an order confirmation by e-mail.
4.3.8. Your order will be confirmed when you click on the “Checkout” button at the end of the purchase process.
4.3.9. You will automatically receive an e-mail with your order number and all the details of your order.
4.3.10. When you submit the order form, you accept the general conditions of purchase of goods, as well as other conditions at mouchao.pt through links, including the general terms and conditions of use.
4.3.11. Placing an order does not equate in itself to a reservation of the products.
4.4. Data verification
4.4.1. After receiving the order, Mouchão reserves the right to confirm the data related to the address, credibility and fraud checks.
4.4.2. With regard to fraud checks, Mouchão will carry out partially automated checks on all orders to filter out any unusual or suspicious transactions, as well as transactions that have been identified as fraudulent.
4.5. Right not to accept the order or to cancel the purchase
4.5.1. We reserve the right not to accept your order, or to cancel it even after the order has been automatically confirmed.
4.5.2. We also reserve the right to cancel any purchase even if Mouchão has already accepted it, particularly in the following situations:
– the product is no longer available/in stock (payments will be refunded);
– the invoicing information is not correct or cannot be confirmed;
– the order is flagged by our Security Systems as an incorrect order or a potentially fraudulent order;
– the payment transfer for the order has not been received by Mouchão within five business days following the acceptance of your order;
– if there are indications or information that you may not be of legal age to purchase or consume alcoholic beverages as permitted in your country of residence;
– where the pricing of the product was incorrect;
– if the order cannot be delivered to the location/country specified for that purpose.
4.5.3. In any of the aforementioned situations, Mouchão will inform the customer by e-mail.
4.5.4. If an order has been placed and the respective payment has been made for products that are no longer available, Mouchão will refund the amount paid for the unavailable items.
5. PAYMENT
5.1. After the order has been confirmed, an e-mail will be sent to the contact address provided by the customer when the order was placed, which shall include all the details regarding delivery, invoicing, payment information, products and amounts.
5.2. If the customer does not receive the e-mail confirming the order, they should contact Mouchão by e-mail at info@mouchao.pt or by telephone (+351) 268 539 228 so that this notice may be sent once more to the customer’s e-mail address.
5.3. Mouchão requests all customers to confirm the order details.
5.4. If any order details are missing, incomplete or incorrect, and/or the customer intends to change any information, and provided that the order has not yet been dispatched, the customer should contact us by e-mail to info@mouchao.pt or by telephone (+351) 268 539 228 as soon as possible so that the requested change can be made internally.
5.5. In the case of already dispatched orders, the Mouchão team will analyse changes to the order details together with the customer to find the most appropriate solution.
5.6. Orders from Mouchão will only be processed once payment has been received, which must occur within 15 calendar days from the date of the order. Following this period, the order will be automatically cancelled.
5.7. The payment methods available can be found in the Help/FAQ’s section of the website. We do not accept any other payment method in addition to those listed. Please do not attempt to pay by any means other than those specified. If you do so, we cannot be held liable for loss of payment or any other damages that may arise.
5.8. If you pay by Credit Card, we will deduct the amount due from your account as soon as your order has been processed.
5.9. In the case of payments by Credit Card, all details (e.g., card number or expiration date) will be sent by encrypted protocol to the company providing the remote electronic payment services.
5.10. If you choose to pay by ATM Reference, Mouchão will begin processing your order once payment has been received. This may take several hours. The order will be cancelled if no payment has been received by Mouchão within three calendar days after the order was placed.
5.11. This information will only be used by Mouchão to carry out the necessary procedures for purchase or return, in the case of return in accordance with the exercise of the right to a refund, or to report any suspected fraud to the relevant authorities.
6. ORDER SECURITY
6.1. Mouchão may not be held liable for any damages suffered as a result of using electronic means of communication including, but not limited to, damages arising from failures or delays in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or to transmit viruses.
7. SHIPPING AND DELIVERY
7.1. Save for rare exceptions beyond the control of Mouchão, all orders completed and paid for by Credit Card, ATM Reference, PayPal or MBWAY* will be dispatched on the same day, provided that payment has been made by 12:00 on a business day. Orders that have been paid for after this time will be dispatched on the following business day, except for limited stock products.
7.2. The option to pay by bank transfer* will be subject to a confirmation period between one and three business days (depending on the country of origin of the transfer). With this payment method, Mouchão has no control over the time taken to execute the bank transfer, for which the Customer’s bank is responsible. In these situations, the order will be dispatched on the day we receive confirmation of payment from the bank.
*The aforementioned payment methods are not available for all countries.
7.3. If Mouchão has any questions regarding the order (delivery address, payment confirmation, out-of-stock products, etc.), it will contact the customer through its Customer Service department. Mouchão will be waiting for a reply for three business days. The order will not be dispatched until Mouchão has received a reply to its message. If Mouchão does not receive a reply within this period, it will cancel the order and refund the customer.
7.4. For the shipping of orders to the requested address, the shipping option must be selected – National Shipping (for mainland Portugal and Islands) and International Shipping (for other countries), provided that the country is included on the list of countries available in the Delivery menu.
7.5. In general, once an order from Mouchão has been dispatched, it will be delivered to the customer within:
– Three to four business days in mainland Portugal;
– Five to twelve business days in the islands of Madeira and the Azores;
– Approximately four business days in mainland Spain;
– Approximately six business days in the rest of Europe;
– Approximately seven business days in the rest of the world.
7.6. The above deadlines are merely indicative and may vary depending on the payment method – please see the terms below – as well as during periods of promotions, sales, Christmas or stock shortages.
7.6.1. Mouchão may not be held liable for delivery delays during festive seasons (sales, Carnival, Easter, Christmas, New Year’s Eve), and the customer should send an e-mail to info@mouchao.pt, as a precaution, to confirm that the order will be delivered within the period specified on the website www.mouchao.pt.
7.7. The products will be delivered on business days, between 9 a.m. and 6 p.m. This service does not include the option to schedule the delivery of the order and thus it will be delivered without any prior contact from the carrier.
7.8. Deliveries shall be deemed made and products delivered when the delivery receipt has been signed at the address indicated by the consumer.
7.9. If the order has been confirmed on a business day by 12pm and payment is made by Credit Card or Paypal, the order will be dispatched on the following business day (weekends and public holidays are not considered business days).
7.10. Payment by ATM reference may take between five and seven days to be received, and the shipment will only be processed after payment has been confirmed.
7.11. Mouchão may not be held liable for any failure or delay in meeting delivery deadlines due to a force majeure event, i.e. an event, act or omission beyond its control.
7.12. Mouchão will not be held liable for shipments made to countries where alcoholic beverages imports are prohibited by law.
7.13. Customers are responsible for any seizure of their orders, as well as for any customs duties, if applicable.
7.14. If products are returned, Mouchão will only refund their respective amount. If customers have any doubts, they may contact Mouchão prior to ordering.
7.15. Mouchão has engaged the services of specialised carriers for deliveries in Portugal, Europe and most countries in the world. Every effort is made to meet dispatch and delivery deadlines. However, it should be noted that any possible delays in deliveries may result from causes beyond the control of Mouchão, and in such cases it may not be possible to guarantee exact delivery times.
7.16. After the orders have been dispatched, the shipping tracking information will become available in the accounts of the customers who have placed the order with a registration and a notice will also be sent via e-mail with the shipping tracking link information to all registered and non-registered customers. If, for any reason, the customers do not receive shipping confirmation, they should contact Mouchão by e-mail at info@mouchao.pt or by telephone (+351) 268 539 228 so that all available information regarding the dispatch of the order may be sent once more.
7.17. Upon notice of the dispatch, customers should monitor the status of the shipment using the link provided by Mouchão so that they may track the progress of the shipment until the order is delivered, as Mouchão does not notify every change to the status of the shipment.
7.18. Partial Deliveries
7.18.1. If the order includes several products and Mouchão is unable to dispatch all of them simultaneously due to unavailability of any particular one, it will dispatch them separately, upon prior notice to the e-mail address indicated by the customer in the order.
7.19. Inspection upon delivery
7.19.1. All products sent by Mouchão should be checked upon delivery.
7.19.2. Should customers detect any damages in the order, they must return it immediately to the courier service, duly justify the reason for the return on the carrier’s delivery note and immediately notify Mouchão by e-mail at info@mouchao.pt.
7.19.3. Mouchão will reimburse any amounts paid for the order and transport as soon as the warehouse receives and concludes the return process.
8. Orders not received
8.1. If the courier service attempts delivery without success due to the customer’s absence, a notice will be left in the customer’s mailbox with the carrier’s instructions.
8.2. If, for any reason, the customer is unable to receive the order or to collect it at the location specified by the carrier, the customer should contact Mouchão so that the most appropriate solution may be found together.
8.3. Any claim that an order has not been received must be made within 30 days from the date the order has been placed. After this deadline, Mouchão may not be held liable for its loss.
9. CANCELLATION
9.1. Under the applicable law, Mouchão acknowledges all its customers the right to terminate contracts entered into with Mouchão, in accordance with Decree-Law no. 24/2014, of 14 February, allowing customers to return the products (the cost of which shall be borne by the customers), within fourteen (14) days from receipt of the order. For this purpose, customers must fill in the termination form available here and send it to Mouchão via mouchao@mouchao.pt or by post to the address of Mouchão’s registered office (use of this form is not mandatory to exercise the right of termination, since this right may be exercised by any other unequivocal statement of termination of the contract).
9.2. Cancellation of an order prior to dispatch
9.2.1. The customer may cancel an order provided that it has not yet been dispatched.
9.2.2. If the customer places an order and intends to cancel it, they shall:
– Check the status of the order in “My Order” menu, in the top right-hand corner of the website’s home page.
– If the status of the order indicates “Registered”, there is a possibility that it will be cancelled, so the customer shall contact our Customer Service department and request that the order be cancelled.
9.2.3. If the cancellation request is successful, the customer will be notified by e-mail of this decision and the cancellation processed at no cost to the customer.
9.2.4. If the cancellation request is not possible, the products will be shipped to the customer, who must refuse to receive the products in question, should he or she still intend to cancel the order.
9.2.5. The customer shall always be entitled to return products in accordance with the terms and rules for returns set out below.
10. RETURNS
10.1. Return of products due to withdrawal
10.1.1. If, for any reason, you are not satisfied with the products, you may return them within 15 calendar days after receipt, provided that the product is in perfect condition, in its original packaging, including accessories or promotional offers where applicable, and accompanied by its proof of purchase or invoice, and provided that it is not tampered with in any way or by any means.
10.2. Return of defective products
10.2.1. The customer is entitled to return the delivered products if any defects have been detected. In case the defects are confirmed by Mouchão’s specialised team, the product will be exchanged or returned at no cost to the customer.
10.2.2. Returns can be made within 15 calendar days from receipt of the order.
10.2.3. Mouchão may not be held liable for any defects arising from incorrect use, negligence, poor storage conditions or force majeure events.
10.2.4. Once the goods have been received at Mouchão’s premises and their condition has been validated, their respective amount will be reimbursed using the same payment method used by the customer.
10.2.5. In the case of an exchange, Mouchão will reimburse you or send you your order and you will be notified of the status of your order by e-mail/sms.
10.2.6. For more information on the return process and refund terms, please consult the Help/FAQ’s section of the website.
11. customer service
11.1. Should you have any questions, you may contact Mouchão by e-mail at info@mouchao.pt or by telephone (+351) 268 539 228.
11.2. Liability
11.2.1 Mouchão shall only be liable for any damages or losses arising from its breach or defective performance of its obligations where such breach or defective performance are directly or indirectly attributed to Mouchão as wilful intent or serious fault.
12. GOVERNING LAW
12.1. These general conditions and any disputes arising therefrom, including their validity, the use of the website or any purchase on it shall be governed by Portuguese law, particularly by Decree-Law no. 24/2014, of 14 February, as amended by Law no. 47/2014, of 28 July.
12.2. All purchases made on the Mouchão website are subject to Portuguese law, and any conflicts or disagreements regarding the construction of the General Conditions of Online Sale shall be submitted to the competent Portuguese Court.
12.3. Consumers may resort to any Consumer Alternative Dispute Resolution (ADR) bodies on the list of ADR bodies notified to the European Commission, available at consumidor.pt, the website of the Directorate-General for the Consumer. This address contains useful information (such as the name and website) regarding the aforementioned ADR bodies.