TERMS AND CONDITIONS
OWNER OF THE WEBSITE AND ITS CONTENTS
Paxá Wines is a comercial society/company, headed in Quinta do Outeiro, Sítio do Lobito, Caixa Postal 900, 8300-051 Silves, Portugal, under the name 508589797.
This website and all contents contained in it (unless otherwise indicated) belong to Paxá Wines.
These Terms and Conditions of Use and the Privacy and Cookies Policies are reproduced below:
ACCESS TO THE WEBSITE AND ITS CONTENTS
By navigating and/or interacting with this website, the user accepts the Terms and Conditions explained below.
The access to the website shop is restricted to individuals with legal drinking age, in accordance with the rules of the country from which the website is accessed (in Portugal, the jurisdiction where Paxá Wines is established, the user must have 18 years of age or older to access content relating to alcoholic beverages).
Paxá Wines may change these Terms and Conditions freely and without prior notice.
The user must refrain from using and must leave this website in case:
USE OF WEBSITE CONTENT
The user may print or have third parties print any downloadable content contained on this website to your computer or other similar device under the following conditions:
- a) The content is for private and non-commercial use only;
- b) No indication of copyright or other indication of ownership is removed from it;
- c) The content remains unchanged in all circumstances.
The content is made available to users for information and promotional purposes only. Paxá Wines does not guarantee the reliability, truthfulness and accuracy of the information and is not responsible for any errors.
COPYRIGHT, TRADEMARKS AND OTHER PROPERTY RIGHTS
The content of this website, trademarks, designs, logos, text, images, audio and video materials, is the exclusive property of Paxá Wines, unless otherwise indicated.
You may not in any way display, reproduce, distribute, modify, transmit and/or use content belonging to Paxá Wines for public and/or commercial purposes without the prior express written consent of Paxá Wines.
EXEMPTION FROM GUARANTEES
The use of this website is at your sole risk. This website and its contents are provided without any warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement of third-party rights and fitness for a particular purpose. Paxá Wines does not warrant that access to this website will be uninterrupted and/or error-free. Likewise, there is no guarantee that this website will be secure or free of viruses and/or other harmful material, or that the information contained in this website is complete, accurate or timeless. Paxá Wines reserves the right to restrict or terminate access to this website or any resource or part of it at any time, with or without prior notification.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither Paxá Wines nor any third party involved in the creation, production, or dissemination of this website shall be liable for any loss, damage, or cost, whether in contract, tort (including negligence) or otherwise arising as a result of reliance on the information contained on this website.
Liability for direct, indirect, incidental, special, consequential, and punitive damages, lost profits and damages resulting from lost data or interruption of activities of the website arising out of or relating to the use or inability to use this website and its content, whether based on warranty, contract, tort or any other legal theory, is also expressly excluded, regardless of whether Paxá Wines has been negligent or has been notified of the possibility of such damage.
Without prejudice to the measures provided for in general law, the user undertakes to indemnify and hold Paxá Wines harmless from any liability arising from the misuse of this website and/or the breach of these Terms and Conditions.
APPLICABLE LAW AND FORUM
These Terms and Conditions shall be governed by and interpreted in accordance with the Portuguese Law. You irrevocably consent to the assignment to the jurisdiction of the courts located in Lisbon, Portugal, to any action arising from and/or related to these Terms and Conditions and/or the use of this website.
COMMUNICATIONS FOR THIS WEBSITE
Any communication or other content transmitted to this website, whether by e-mail, message to discussion group, sending of file or otherwise, will be considered non-confidential and not reserved.
By transmitting content to this website, you are automatically granting Paxá Wines a free, perpetual (or for the maximum period permitted by applicable law), irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such content separately and/or as part of other works in any form, way and/or technology that are currently known or may be developed in the future, and you further sublicense such rights to third parties on the same terms. If necessary, and at Paxá Wines' request and expense, you must confirm these rights granted to Paxá Wines by a signed autonomous document.
You agree that Paxá Wines is free to use any ideas, concepts, know-how or techniques contained in any content you transmit to this website, regardless of the purpose behind such submission, including, but not limited to, the development, manufacture and marketing of products, further clarifying that Paxá Wines is not required to give any compensation or recognition to you in return for such use. If you do not agree to these conditions, you should refrain from sending such content to the website.
You agree not to transmit to this website any illicit, threatening, accusatory, defamatory, obscene, scandalous, pornographic, or profane content and/or any other content that may constitute or promote any illicit conduct. Paxá Wines will cooperate with all the competent authorities regarding the application of the law in force and will also respect all court decisions requesting or ordering Paxá Wines to reveal the identity or help identify or locate the user who has transmitted such content.
Paxá Wines does not previously filter or monitor the content transmitted to this website by third parties and is not responsible for filtering or monitoring any such content. If notified, Paxá Wines may investigate an allegation that content transmitted to this website is in violation of the Terms and Conditions and may determine that the content is removed from the website.
It is clarified that, except in the case of a court order or a police body or in the case of manifest illegality, Paxá Wines will have no obligation to remove from the website the content transmitted by third parties and does not assume any responsibility or obligation arising from or relating to any such content, including, but not limited to, any error, defamation, slander, perfidy, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Paxá Wines assumes no responsibility and/or liability for any action or content transmitted by users or any third parties within or outside this website and does not endorse the content of any of these websites. A user's access and visit to any one of these third-party websites is at the user's own risk.
If any provision of the Terms and Conditions is found by any court having jurisdiction to be invalid, 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.
Under Article 18 of Law 144/2015 of 8 September, in the event of a consumer dispute, the consumer may appeal: CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Tel.: 213 847 484; E-mail: firstname.lastname@example.org
The prices set are valid for the day they are announced and remain in force for the customer who orders on that date. All items displayed on the site are subject to stock availability. Any order is subject to further confirmation.
In the absence of availability of a product, the automatic replacement will be activated by a similar product. Missing items may be replaced by a similar one.
Prices should be expressed in euros, with taxes and fees included. The prices presented consider the VAT applicable on the day of order. Any change in the type of VAT applicable will be reflected in the prices of the products. Prices and specifications are subject to change without notice.
Special promotions or campaigns launched on www.paxawines.pt only apply to orders placed online.
The customer will have the following forms of payment at his disposal:
DELIVERIES AND DISTRIBUTION
Home orders are delivered from Monday to Friday according to the CTT delivery schedule.
In general, after dispatch, an order takes to be delivered:
Continental Portugal: up to 3 working days
Spain: up to 4 working days
Note: delivery periods are an approximation. There may be changes
The shipping costs are free for mainland Portugal (Portugal Continental), considering the minimum order quantity (3 bottles) and the minimum value of 50 euros. For order values below 50 euros or for other locations, the shipping costs will be charged. The value will vary depending on the total weight of the order and the destination of the delivery.
This value can be simulated in the Online Store through the following steps:
1. Add to the shopping cart the products you want to order;
2. Enter the shopping cart and click on "See cart";
3. Fill in the fields of our simulator under "Calculate shipping costs" with the country, town and postal code of the address to send;
4. Select the option "Update" where it will be calculated the shipping costs.
SATISFACTION AND RETURNS POLICY
If, on delivery, you verify that your order is damaged, you must return it immediately to the transport company, justify the reason for the return in the delivery note and notify Paxá Wines to the following e-mail address: email@example.com.
A tracking number is provided to you for your order at the date of its dispatch, so that you can follow its sending. In case that at the moment of delivery there is no one at home, your order will be delivered the next day.
All elements of www.paxawines.pt, whether visual or sound, including the underlying technology, are protected by copyright, trademark or patent rights. They are exclusive property of Paxá Wines. If a customer has a personal Internet portal and wishes to place, for personal use, on his site a direct link to the homepage of our site, he must request our permission.
These general terms and conditions of sale constitute the entire agreement between the parties concerned. If any of the clauses in these conditions become null and void as a result of a legislative, normative or judgment amendment, this shall in no case affect their validity and observance.
DURATION OF THE CONDITIONS
These conditions apply for the entire duration of the services offered by www.paxawines.pt.
APPLICABLE LAW AND JURISDICTION
Portuguese law applies to the conditions of sale presented. In the absence of resolution by agreement of the parties, any dispute arising from these Sales Policies will be submitted to the Court.
DATA AUTOMATICALLY COLLECTED BY THE WEBSITE
The domain server for this website only registers and stores the information that is normally registered by definition by the server, i.e. the Internet Protocol Address by which you had access to the Internet; the date and duration of your access to this website; the Internet address of the website that brought you directly to this website and whether or not you have indicated that you were of the necessary age to consume alcoholic beverages.
This information will be used to measure the number of visits to the different areas of this website, to determine whether users are of legal drinking age and to help us make this website more useful to users.
PERSONAL DATA PROVIDED ON THE USER'S INITIATIVE
Paxá Wines may, in some cases, request personal data from website users for the following purposes:
- Subscribing newsletters and other information materials;
- Sending promotional information about Paxá Wines products and services;
- Sending tenders of contracts;
- Including the user in contests.
Navigation on the website does not imply the delivery of personal data (except the IP address).
Should you choose to provide your personal data, Paxá Wines will process such personal data based on your consent, which may be withdrawn at any time without calling into question the processing done prior to such withdrawal of consent.
Paxá Wines will indicate on the personal data collection form, by using an asterisk or similar solution, which fields are required to be filled in.
The collection form will also have a field for the user to expressly indicate his/her consent to the processing of his/her personal data for the purposes indicated above.
Paxá Wines confirms that it does not create consumer profiles based on the personal data collected through the website.
PERSONAL DATA CONTROLLER
In the circumstances where personal data are communicated to Paxá Wines, the society will be the entity responsible for the collection and processing of the personal data, but reserves the right to subcontract other entities to carry out such processing on behalf on behalf of Paxá Wines. Paxá Wines guarantees that all the entities it subcontracts to process personal data on its behalf will be covered by contractual obligations with a view to preserving the confidentiality of the data and compliance with current legislation.
Paxá Wines is not obliged to appoint a Data Protection Supervisor under the terms of the General Data Protection Regulations. To deal with matters relating to the protection of personal data, you should contact Paxá Wines through one of the following channels:
Quinta do Outeiro, Sítio do Lobito
PO Box 900, 8300-051 Silves, Portugal.
Telephone: +351 918 126 664 or +351 968 315 059
E-mail: firstname.lastname@example.org or email@example.com
TRANSFER OF PERSONAL DATA TO THIRD PARTIES AND DATA STORAGE
Without detriment to the previous section, Paxá Wines will not communicate your personal data to third parties (i.e. entities not subcontracted by Paxá Wines) without your express consent.
Your personal data will be kept on servers located within the European Union and no data will be transferred outside the European Union.
RIGHTS OF THE DATA SUBJECT
The user has the right, at any time, to access, consult, change, limit, rectify and delete his personal data communicated by the user to Paxá Wines, and for this purpose, should send an e-mail to firstname.lastname@example.org
The user also has the right, at any time, to withdraw his consent (when the processing is based on that fundament) and refuse the processing of his data for one or more purposes, as well as request the portability of his/her personal data.
The user is also informed that he/she has the right to complain to a supervisory authority which, in the case of Portugal, is the National Data Protection Commission (Comissão Nacional de Proteção de Dados.)
Paxá Wines is committed to ensure the security of the personal data made available to us. Bearing in mind the great concern and commitment that Paxá Wines shows in defending privacy issues, several technical and organizational security measures have been adopted in order to protect the personal data made available to us against its dissemination, loss, misuse, alteration, unauthorized treatment or access, as well as any other form of illicit treatment.
Regardless of the security measures adopted by Paxá Wines, we are obliged to alert all those who browse the Internet to adopt additional security measures, namely, ensure that you use a PC and a Browser updated in terms of properly configured security patches, with active firewall, antivirus and anti-spyware and ensure the authenticity of the sites you visit on the Internet, and avoid sites whose reputation you do not trust.