Terms & Conditions

fozgourmet.com

Foz Gourmet recommends that you carefully read the Terms and Conditions presented here.

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 action or consent.

Access to and use of other Foz Gourmet platforms are likewise governed by these Terms and Conditions to the extent applicable and with the respective adaptations.

The Terms and Conditions may be changed at any time, with the changes taking effect from the date of their update on the website. Subsequent access and use of the website or platforms by the user will be considered an unequivocal sign that they have read, understood, and accepted the new changes to the Terms and Conditions.

1. Purpose

1.1 These General Terms and Conditions, updated on 01 01Europe/Lisbon November 01Europe/Lisbon 2025, together with the order form and other elements referred to herein, are intended to regulate the terms and conditions governing the provision of the Online Store Service of Foz Gourmet (Pure Foz, unipessoal lda ), with headquarters at Rua Duarte Barbosa, 368 4150-282 Porto, under the single registration and legal entity identification number 513562796, with a share capital of €5,000.00, hereinafter referred to as Foz Gourmet.

1.2 The purchase of any product from the Foz Gourmet Online Store implies acceptance of these General Terms and Conditions of Online Sale.

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

2. Product Information, Content, Prices, and Stock

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 illustrating each product on Foz Gourmet are merely illustrative and may differ from the product subsequently delivered, and these same products are also subject to stock shortages. In the event that the images contain any specific year or information, the title and reference of the web page of the products in question should always be assumed, and never the information contained in the image itself. Foz Gourmet is not responsible for any typographical errors due to computer or translation issues.

2.3 Despite the efforts of Foz Gourmet, some products may be inaccurately priced, which is why the team checks prices whenever orders are processed. Consequently, the prices shown on Foz Gourmet are merely indicative and do not constitute a contractual offer. If the actual 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 this situation by email and await their 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 show the harvest year or vintage, so you should always assume the current harvest or vintage on the market.

2.5 As the online store and showroom have different stock counting systems, there may be differences in the quantities shown online.
In the event of a stock shortage of any of the products ordered, Foz Gourmet reserves the right to notify the customer, who may choose one of the following options:
a) refund of the amount relating to the product in question;
b) total cancellation of the order and refund of the amount;
c) another option agreed by both parties.
Under no circumstances may the customer demand delivery of paid goods without first confirming that they are available for collection or delivery. This confirmation will always be sent by email after the order summary email (which is sent at the time of payment for the order). If the product is indeed out of stock, the customer may choose one of the above options.

2.6 Upon completing the purchase, the customer will immediately receive an email with an attached document containing the order note, which will include a summary of the options selected by the customer. This email/document should not be considered as the final confirmation of the order. This confirmation will be sent later, as mentioned in the previous point, after physical validation of stocks.

2.7 Under Portuguese law, all prices shown on Foz Gourmet include the applicable VAT rates, unless otherwise indicated. Only for resale professionals, the prices shown on Foz Gourmet do not include VAT, and the information “Without VAT” is always clearly visible and next to the price.

2.8 Promotions advertised on the Foz Gourmet website may not apply to products in the showroom.

2.9 The promotion offering a bottle of international wine on purchases over €100 is selected by Foz Gourmet up to a limit of €10. Promotion valid from 01-01-2021 to 31-12-2022.

3. Orders and Payment

3.1 After confirmation of the order 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, billing, payment information, products, and amounts. Foz Gourmet suggests that all customers confirm the details of the order. If the customer does not receive the order confirmation email, they are requested to contact Foz Gourmet via the contact page so that the notification can be resent to the customer’s email address.

3.2 If any of the details provided 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 as soon as possible so that the change requested by the customer can be made internally. Changes to details of orders that have already been 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 provide at least one telephone number when registering their account, for delivery purposes when the goods are shipped. If the customer does not provide such contact details and the order cannot be delivered due to a failure to communicate with the customer because of the lack of said telephone number, the goods will be returned to the Foz Gourmet warehouse, where they will be held until further contact with the customer and, after review by the Foz Gourmet team, reshipped with the addition of new shipping costs, if applicable.

3.4 All orders placed with Foz Gourmet will only be processed after payment has been received, which will constitute the date of confirmation of the order. The formalization of the order alone does not constitute a reservation of the products.

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

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

3.7 Orders may be canceled when expressly requested by the customer through one of the contacts, before the orders are shipped. After confirmation of the order shipment, the customer is asked to contact Foz Gourmet so that, together with the customer, the most appropriate solution can be found. For more information on cancellation and related returns and associated fees, see point 6.

3.8 Through the Foz Gourmet Online Store, payments are accepted via ATM Reference, MBWAY (both for customers with bank accounts in Portugal), Bank Transfer, PayPal, and Boleto Bancário (the latter for customers residing in Brazil).

3.9 Order statuses at Foz Gourmet are divided into 3 phases, exceptionally 4: Pending, Processing, On Hold, and Completed.
a) Pending – Waiting for payment to be received by the Foz Gourmet system;
b) Processing – Phase in which payment has been accepted and the order is being processed and packaged/prepared;
c) On Hold – Exceptionally, awaiting additional confirmation from the customer to proceed with the order.
d) Completed – The order has already been shipped/sent.

3.10 Payments are received in euros (€), regardless of the currency in which the transaction is made. Conversion fees for payments made in other currencies will be borne by the customer.

4. Shipping costs

4.1 Shipping costs will be added to the prices shown for each product for each order.

4.2 At Foz Gourmet, there are no packaging costs, and shipping costs depend on the weight of the order and the delivery destination. The shipping costs will always depend on the shipping method/carrier selected in Step 4 (Shipping) of the shopping cart. The total shipping costs will also be automatically calculated when you place your order in the Online Store. Please note that the factors used in this calculation may vary and are subject to change without prior notice, as they do not depend exclusively on Foz Gourmet.

4.3 Foz Gourmet guarantees free shipping on orders over €100, but this offer is subject to change without prior notice.

5. Shipments and Deliveries / Pickup at {acf_rgpd_business_name} Office

5.1 For orders to be shipped to the requested address, the shipping option available – Carrier (TNT, Chronopost, CTT, Nacex, DHL) must be selected for domestic or international shipments.

5.2 As a rule, after shipment, an order at Foz Gourmet takes
– 24 to 48 hours in mainland Portugal;
– Between 5 and 9 working days in the Madeira and Azores Islands;
– Around 3 working days in mainland Spain;
– Around 5 to 7 working days in the rest of Europe;
– Approximately 7 working days in the rest of the world.

5.3 After orders have been shipped, customers may request tracking information and an email notification will be sent to registered customers with a link to track their order. If for any reason the customer does not receive the shipping confirmation, they are requested to contact Foz Gourmet through one of the store contacts so that all available information about the order shipment can be resent.

5.4 After the shipping notification, customers should track the status of the shipment via the link provided by Foz Gourmet so that they are aware of the status of the shipment until the order is delivered, as Foz Gourmet does not notify customers of every change in the status of the shipment. It should also be noted that not all transport services offer shipment tracking information.

5.5 All products shipped by Foz Gourmet must be checked upon delivery. If the customer finds that the order is damaged, they must return it immediately to the transport company, duly justify the reason for the return on the carrier’s delivery note, and immediately notify Foz Gourmet through one of the contacts.

5.6 If, after delivery, the customer finds that any of the items are not in conformity, they are requested to contact Foz Gourmet via email info@fozgourmet.com providing the order number or the number of the document that accompanied the order, and attach images of the packaging as received and of all items, so that an internal investigation of the occurrence can be opened and the situation can be resolved as quickly 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. Customers are responsible for any seizure of their orders, as well as for the payment of customs duties, if any. In the event of the return of products to Foz Gourmet, it will only refund the amount corresponding to those products that are in good condition, and does not guarantee a refund for products that have been damaged or poorly stored during transport. In the case of Caviar and Foie Gras products, Foz Gourmet will only accept their return and refund the respective amount if the products are returned in good condition and at the appropriate temperature. If in doubt, the customer may contact Foz Gourmet before ordering.

5.8 Foz Gourmet has contracted services with specialized carriers for deliveries in Portugal, Europe, and most countries worldwide. Every effort is made to meet shipping and delivery deadlines, however, it should be noted that possible delays in deliveries may be beyond the control of Foz Gourmet, and in such cases, it is not possible to guarantee exact delivery times.

5.9 Most deliveries are made during business hours on working days to the shipping address indicated by the customer when placing the order. The customer may request to receive the shipment at a specific time, when communicated in advance to Foz Gourmet before the order is shipped and subject to an adjustment/surcharge to the shipping cost, if applicable.

5.10 In the event of an unsuccessful delivery attempt by certain carriers due to absence, a delivery notice may be left in the customer’s mailbox with the carrier’s instructions. Depending on the service and the carrier, orders must be collected at the location indicated by the carrier on the delivery notice, or the instructions requested on the same notice must be followed.

5.11 If for any reason the customer is unable to receive the order or collect it from the location indicated by the carrier, the customer is requested to contact Foz Gourmet so that together we can find the most appropriate solution.

5.12 During checkout and before submitting the order, if the customer wishes to collect it from the Warehouse/Office, provided that this option is available, they must select the “Pick Up” option. After the order is confirmed, you will receive an email with this confirmation and the respective address for collection, as well as the schedule and contact details for this purpose.

a) As our products are located in a warehouse away from the office, orders for pickup at the showroom/office may take 24 hours to process. All customers will be notified by email (after the payment date) when their orders are available for pickup. Please refer to points 2.5 and 2.6 above for important information regarding notification emails.
b) Only the person whose name is on the order form will be authorized to pick up the order, unless they notify Foz Gourmet in advance that someone else (identifying the name) will pick up the order.
c) When visiting the physical premises of Foz Gourmet, the customer must bring the order confirmation/number, ensuring that they have received our notification confirming that the order is available for collection, thus avoiding unnecessary trips.

6. Cancellation and Returns Policy

6.1 Foz Gourmet recognizes all its customers’ right to terminate the contracts they enter into with it, allowing them to return, within 14 days, the products purchased under the terms of Decree-Law No. 24/2014, of February 14.

6.2 The cancellation or return process is handled on a case-by-case basis by Foz Gourmet. To request an exchange or return, customers are asked to contact Foz Gourmet by email at info@fozgourmet.com within 14 days of the actual receipt of the goods (order(s)), indicating the order number or the number of the document that accompanied the order, taking into account the conditions detailed below in the following topics:

a) To return an order, the product must be in perfect condition for sale and, where applicable, in its original packaging, with accessories or promotional offers included, and accompanied by proof of purchase or invoice.
b) After the deadline for exchange or return, the cost of shipping is the responsibility of the customer. The order must be delivered to the premises of Foz Gourmet.
c) Foz Gourmet is responsible for shipping and collection costs in the case of defective products and incorrect deliveries, unless the error is attributable to the consumer.
d) Once the goods have been received at our premises and their condition has been validated as compliant, their value will be refunded via the same payment method (see point 6.6), but if this is not possible, the customer must provide proof of payment and account or card ownership so that the refund can be made by bank transfer.
e) Foz Gourmet undertakes to reimburse the customer within a maximum period of 14 days from the date on which it is informed of the decision to terminate the contract for all payments received, including the costs of delivery of the goods. However, the consumer is responsible for the cost of returning the goods, in accordance with Article 13(2) of Decree-Law No. 24/2014 of February 14.
Refunds shall be made using the same payment method used by the consumer in the initial transaction, unless expressly agreed otherwise and provided that the consumer does not incur any costs as a result of the refund.
f) If the value resulting from the exchange of products in an order is lower or higher than the initial value of the order, the conditions for settlement will be indicated by Foz Gourmet.
g) All communication on this matter will be carried out via the following emails: info@fozgourmet.com, foz.gourmet.lda@gmail.com.

6.3 Foz Gourmet assumes responsibility for defects in the origin or raw materials of the purchased product and, if this is confirmed by the specialized team at Foz Gourmet, 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 it has been used, or if it has been altered or modified.

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

6.6 When a monetary refund is requested for orders paid for using Mutibanco, credit card, or MbWay payment methods, the refund will be made to the IBAN provided by the customer, minus the operational fee for the respective order payment method.

6.7 For returns from areas outside mainland Portugal, namely the archipelagos of Madeira and the Azores, Europe, and the rest of the world, the direct costs of returning the goods shall be borne by the consumer, pursuant to paragraph 2 of Article 13 of Decree-Law No. 24/2014 of February 14. In the event of exercising the right of free termination, Foz Gourmet will reimburse the consumer for all amounts paid, including delivery costs corresponding to the least expensive shipping method available, within the applicable legal period. The refund will be made using the same payment method used in the initial transaction, unless expressly agreed otherwise, and provided that the consumer does not incur any costs as a result of the refund.

6.8 The conditions described in points 6.1 to 6.6 above apply to mainland Portugal. For other areas and/or countries, points 6.1 to 6.7 apply.

7. Applicable Law

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

7.2 If the Customer is located outside mainland Portugal, Foz Gourmet hereby informs them that any legal proceedings must be brought exclusively before the Portuguese courts.

7.3 Under the terms and for the purposes of Article 18 of Law No. 144/2015 of September 8, we hereby inform you that the available ADR entity is the Porto Consumer Conflict Arbitration Center, with the following contact details:

Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
Telephone: +351 22 550 83 49 / +351 22 502 97 91 (from 3pm to 4pm)
Directorate-General for Consumers telephone number: 707 788 787
Site: http://arbitragemdeconsumo.org

7.4 Decree-Law No. 74/2017, of June 21, regulated by Ordinance No. 201-A/2017, established 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 form, with the same value as complaints submitted in physical format.

7.5 Foz Gourmet provides a link to Complaints Book here.