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Terms & Conditions 

Foz Gourmet recommends a careful reading of the Terms and Conditions below.

By accessing and using this Website, you declare that you have read, understood and accepted the Terms and Conditions presented without the need for any further act or consent.

Access to and use of other Foz Gourmet platforms is similarly governed by these Terms and Conditions to the extent applicable and with their adaptations.

The Terms and Conditions may be changed at any time, as the changes take effect as of the date of their update on the website. Your subsequent access to and use of the website or platforms will be considered as a clear signal that you have read, understood and accepted the new changes to the Terms and Conditions.


1. Object

1.1 The present General Conditions, updated in December 2019, are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Store Service. Foz Gourmet (Foz Gourmet, Lda), headquartered at Rua Rainha D. Estefânia, 246 - 10º s.37, 4150-303, Porto, under the unique registration and identification number of legal person nº 513562796, with the registered capital € 5,000.00, hereafter referred to as Foz Gourmet.

1.2 The purchase of any product in the Foz Gourmet Online Shop implies acceptance of these Online Terms and Conditions.


1.3 Any and all alcoholic beverages available for sale on the Foz Gourmet Online Shop may only be purchased by persons of legal age in their country of residence.

2. Product Information, Contents, Prices and Stocks

2.1 Foz Gourmet reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

2.2 The images that illustrate each product at Foz Gourmet are merely illustrative and may differ from the product subsequently delivered, and these same products are also subject to stock rupture. In the event that the images contain any specific year or information, the title and reference of the website of the products in question should always be assumed and never the information contained in the image itself.

2.3 Despite Foz Gourmet's efforts, some products may be priced incorrectly, which is why the team checks prices when processing orders. Consequently, the prices presented at Foz Gourmet are merely indicative and do not constitute a contractual offer. If the effective price of the product is lower than the advertised price, Foz Gourmet will refund the difference. If the price is higher, Foz Gourmet will inform the customer of such situation by email and will await your decision to accept the new price or cancel the order within 15 days from the date the email was sent.

2.4 Some products at Foz Gourmet may not have the Harvest Year or Vintage, so it should always be assumed the current market Harvest or Vintage.

2.5 Because there are different stock counting systems between the online store and the showroom, there may be differences in the quantities displayed online.
In the event of a stockout of any of the products ordered, Foz gourmet reserves the right to communicate it to the customer and may opt by one of the following options:
a) refund of the amount for the product concerned;
b) cancellation of the order and return of the amount;

c) other in agreement with both parties.
In no case may the customer demand delivery of paid goods without first having confirmation that it is available for pickup or delivery. This confirmation will always be sent via email after the order summary email (which is sent upon order payment). If a stock outage occurs, the customer may make one of the above decisions.

2.6 When making the purchase, the customer will immediately receive an email with a document attached with the purchase order containing the summary of the options registered by the customer. This email/document should not be taken as the final order confirmation. This confirmation will be sent later, as mentioned in the previous point, after physical stock validation.

2.7 Under Portuguese law, all prices quoted at Foz Gourmet include their applicable VAT rates, unless otherwise stated. Only and only for resale professionals the values ​​presented in Foz Gourmet do not include VAT, and the information "Without VAT" is always written and always visible at the price.

2.8 Any promotions advertised at Foz Gourmet website may not apply to products in the showroom..

3. Order and Payment

3.1 After order confirmation at Foz Gourmet, an email will be sent to the contact address registered by the customer at the time of formalization, with all details about delivery, invoicing, payment information, products and values. Foz Gourmet suggests that all customers confirm their details. If the customer does not receive the order confirmation email, it's requested to contact Foz Gourmet through the following contacts so that this notification will be sent back to the customer's email address.

3.2 If any of the details entered by the customer in the order are incorrect and/or the customer wishes to change any information, provided that the order has not yet been shipped, the customer is requested to contact us by the following contacts as soon as possible to internally the change requested by the customer. Changes to order details already shipped will have to be reviewed by the Foz Gourmet team so that, together with the customer, the most appropriate solution can be found.

3.3 The customer is requested to mention at least one telephone contact at the time of account registration for delivery when shipping the goods. If the customer does not provide such contact and the delivery of the order is not made due to the failure to communicate with the customer due to the lack of said telephone contact, the merchandise will be returned to the Foz Gourmet warehouse, where it will be held until further contact with the customer and after review by the Foz Gourmet team, resubmitted with the addition of new shipping, if applicable.

3.4 All orders at Foz Gourmet will only be processed after payment actually received, which will be the date of confirmation. The formalization of the order itself does not constitute a reservation of the products.

3.5 If an order cannot be satisfied in part or in full, the customer will be contacted by Foz Gourmet to find the most suitable solution. 

3.6 All orders placed at Foz Gourmet have a maximum payment period of 15 days. After this deadline, the order will be automatically canceled.

3.7 Orders may be canceled when expressly requested by the customer through one of the following contacts prior to shipment of orders. After confirming the shipment of the order, the customer is asked to contact Foz Gourmet so that together, can be found the most appropriate solution. For more information about cancellation and its returns and associated fees, see point 6.

3.8 Through the Foz Gourmet Online Shop, payments are accepted through ATM Reference, MBWAY (both for customers with a bank account in Portugal), Bank Transfer, Paypal and Boleto Bancário (the last one for customers resident in Brazil).


3.9 Order status at Foz Gourmet is comprised of 3 phases, exceptionally 4: Pending, In Process, On Hold and Finished.
a) Pending - Awaiting payment entry into the Foz Gourmet system;
b) In Process - Phase when payment was accepted, and the order is in processing and packing/preparation;
c) On Hold - Exceptional, awaiting additional confirmations with customer to proceed with order;
d) Finished - Order has already been shipped.

3.10 Payments are received in euros, regardless of the currency with which the transaction is made, conversion rates for payments made in other currencies will have to be borne by the customer.

4. Shipping fees

4.1 The prices shown on the products do not have the respective shipping fee, for each order.

4.2 At Foz Gourmet there is no packaging cost and the shipping cost depends on the weight of the order and its delivery destination. The value of postage will always depend on the selected shipping/carrier method, assigned in Step 4 (Shipping) of the shopping cart. The total shipping will also be automatically calculated when placing your order on the Online Store. It should be noted that the factors of this calculation may be variable and change without notice, not depending solely on Foz Gourmet.

4.3 Foz Gourmet guarantees you Free Shipping on orders over 50€ and this offer may be changed without prior notice.

5. Shipments and Deliveries / Pick up at the Foz Gourmet Showroom-Office

5.1 For orders to be shipped to the requested address, the shipping option (TNT, Chronopost, CTT, Nacex, DHL) must be chosen for national or international shipments. 

5.2 Normally, after shipment, an order at Foz Gourmet takes the folowing time to be delivered:
- 24 to 48 hours in Portugal Continental;
- 5 to 9 business days in Madeira and Azores;
- About 3 working days in Peninsular Spain; 
- About 5-7 business days in the rest of Europe;
- About 7 business days worldwide.

5.3 After the order shipment, the customer may request the shipment tracking information. An email notification with the information of the link for tracking will be sent to the registered customer. If for some reason the customer does not receive the shipment confirmation, the customer can contact Foz Gourmet through one of the following contacts so that all available shipping information can be sent again.

5.4 After shipping notification, customers will be able to track the shipping status via the link provided by Foz Gourmet, so that they are aware of the state of evolution until the time of order delivery, as Foz Gourmet does not notify each change of shipping status. Similarly, it should be noted that not all transport services have shipment tracking information service.

5.5 All products shipped by Foz Gourmet must be verified upon delivery. If the customer verifies that the order is damaged, the customer must immediately return it to the transport company, duly justify the reason for the return on the carrier's delivery note and notify Foz Gourmet immediately by contacting by one of the following contacts.

5.6 If upon delivery the customer finds that any of the items are not in compliance, they are requested to contact Foz Gourmet immediately at info@fozgourmet.com indicating the order number or the accompanying document number, attaching images of the package as received and all products, so that the process of investigation of the occurrence is opened internally and thus the situation can be resolved as soon as possible. 

5.7 Foz Gourmet is not responsible for shipments made to countries where the respective law does not allow the entry of alcoholic beverages. It is the responsibility of customers to seize their orders, as well as to pay customs fees, if any. In case of return of the products Foz Gourmet will refund only the respective amount to those same products in which its good condition is verified, not guaranteeing the refund on products that have been damaged or badly stored during transportation. In the case of Caviar and Foie Gras products, Foz Gourmet will only accept their return and will refund the value if the products return in good condition and temperature. If you have any questions, please contact Foz Gourmet before ordering.

5.8 Foz Gourmet has contracted services with specialized carriers for delivery in Portugal, Europe and most countries of the world. Every effort is made to comply with the shipping and delivery deadlines, however it should be noted that the possible delays in delivery may be of a non-Foz Gourmet nature, and in such cases it is not possible to guarantee exact delivery times.

5.9 Most deliveries are made during office hours on working days at the shipping address indicated by the customer when submitting the order. The customer may request the receipt of the shipment at a specific time, when previously notified to Foz Gourmet prior to shipment of the order and under an adjustment/addition fee to the shipping value, if applicable.

5.10 In case of attempted delivery by certain carriers without success due to absence, a transit advice note may be left in the customer's mailbox with the carrier's particulars. Depending on the service and the carrier, orders must be picked up at the place indicated by the carrier on the transit advice note or the directions requested on the same advice must be followed. 

5.11 If for some reason the customer cannot receive the order or pick it up at the location indicated by the carrier, the customer is asked to contact Foz Gourmet so that together they can find the most suitable solution.

5.12 Before submitting the order, if the customer wishes to pick it up at the Showroom/Office, must select the shipping option "Pick up at the Office" - will automatically be assumed the address Rua Rainha D. Estefânia, 246 - 10º sala 37, 4150-303 Porto as pick up point by customer.

a) Due to the good storage of our products in the warehouse, orders for pick up in the showroom/office may take up to 24 hours to process, all customers are notified via email (after the payment date) when they are available to be collected. Please refer to points 2.5 and 2.6 above for important information regarding notification emails.
b) Only the person whose name is described in the order form will be authorized to pick up the order, unless it informs Foz Gourmet in advance that another person (identifying the name) will pick up the order. 
c) When addressing Foz Gourmet physical facilities, the customer must be accompanied by the confirmation / order number, ensuring that he/she has received our order confirmation notification available for pickup, thus avoiding unnecessary travel.

6. Cancellation & Return Policy

6.1 Foz Gourmet recognizes to all its customers the right to terminate the contracts they enter into with it, allowing them to return, within 7 days, the products purchased under Decree-Law nº143/2001 and Decree-Law nº82/2008 of 5/20. 

6.2 The cancellation or return process is handled on a case by case basis by Foz Gourmet. To request an exchange or return, the customer is requested to contact Foz Gourmet by email info@fozgourmet.com within 7 days after ordering, indicating the order number or the document number that accompanied the order, taking into account the conditions detailed below in the following topics:

a) To return the order, the product must be in perfect condition, and where appropriate with its original packaging, accessories or promotional offers included, and proof of purchase or invoice.
b) Return of defective products and wrong shipments will be accepted, and Foz Gourmet will be responsible for shipping and collection costs whenever the customer reports this within 7 days from the date of receipt of the product.
c) Once the goods have been received at our premises and after their condition has been validated accordingly, the refund will be returned by the same payment method (see point 6.6), but if this is not possible, the customer must provide payment proof and ownership of account or card, to make the return by Bank Transfer.
d) Foz Gourmet undertakes to reimburse the customer within 30 days.
e) If the value resulting from the exchange of products of an order is lower or higher than the initial value of the same, the conditions of adjustment will be indicated by Foz Gourmet.
f) All communication about the subject will be made by the following emails: info@fozgourmet.com, foz.gourmet.lda@gmail.com.

6.3 Foz Gourmet assumes the responsibility arising from defects of origin or raw material of the purchased product and if confirmed by Foz Gourmet's specialized team, the product will be exchanged or returned at no cost to the customer.

6.4 Foz Gourmet will not accept the return of the product after use, or if it has been altered or modified.

6.5 Foz Gourmet is not responsible for any deficiencies arising from misuse, neglect, poor storage conditions or causes of force majeure.

6.6 When a cash refund is requested for orders paid through the Mutibanco, Credit Card or MbWay payment methods, the return chargeback will be made to the customer indicated Nib (bank number) with the deduction of the operating fee for the respective order payment method. 

6.7 The conditions described in the previous points 6.1 to 6.6 apply to mainland Portugal. For the remaining Zones and/or Countries, points 6.1 to 6.8 apply. 

6.8 For Zones and/or Countries other than mainland Portugal, therefore Madeira Islands and Azores, Europe and Rest of the World, any costs inherent to order returns will always be charged to the customer. Foz Gourmet reserves only the obligation to refund the amount of the returned stock and not the shipping costs and fees associated with the chosen payment method, these costs are borne by the customer.

7. Applicable law

7.1 All purchases made on the Foz Gourmet website are subject to Portuguese law. Any conflict or divergence of interpretation of these Terms & General Conditions of Online Sale will be submitted to the competent Portuguese Court.

7.2 If the Customer is outside mainland Portugal, Foz Gourmet hereby informs that any legal proceedings shall be exclusively brought before the Portuguese Courts. 

7.3 Under the terms and for the purposes of the provisions of art. 18 of Law nº144/2015 of 8 September, it is informed that the available ADR entity is the Porto Consumer Conflict Arbitration Center, with the following contacts:

Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
Telefone: +351 22 550 83 49 / +351 22 502 97 91 (das 15h às 16h)
Telephone of the Consumer Directorate-General: 707 788 787
Site: http://arbitragemdeconsumo.org

7.4 The Decree-Law nº74/2017, of 21 of June, regulated by Ordinance nº201-A/2017, instituted the creation of an online Complaints Book, available at www.livroreclamacoes.pt (Digital Platform), which allows consumers and users, among other tools, to submit complaints in a dematerialized manner, with the same value as complaints submitted in physical format.

7.5 Foz Gourmet provides here the link to the Complaint Book.


These Online Terms of Sale may change without notice and should be consulted prior to placing any order..


CONSULT PRIVACY POLICY

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