Terms & Conditions
fozgourmet.com
The Foz Gourmet recommends that all users carefully read these Terms and Conditions before accessing or using this website.
By accessing, browsing or using this website, the user declares that they have read, understood and accepted these Terms and Conditions in full, without the need for any further act or express consent.
These Terms and Conditions also apply, where relevant and with the necessary adaptations, to any other digital platforms operated by Foz Gourmet.
Foz Gourmet reserves the right to amend these Terms and Conditions at any time. Any amendments shall take effect from the date of their publication on the website.
It is the sole responsibility of the user to review the Terms and Conditions periodically and to remain informed of any updates or amendments.
Continued access to or use of the website after the publication of amendments shall constitute clear and unequivocal acceptance of the updated Terms and Conditions.
1. Purpose
These Terms and Conditions, updated on March 1, 2026, together with the order form and all other elements referenced herein, govern the terms and conditions under which the Online Store service is provided by Foz Gourmet, commercial designation of Pure Foz, unipessoal lda, with registered office at Rua Duarte Barbosa, 368, 4150-282 Porto, Portugal, registered under corporate number 513562796, with share capital of €5,000.00, hereinafter referred to as Foz Gourmet.
The purchase of any product through the Online Store of Foz Gourmet constitutes full and binding acceptance of these Terms and Conditions.
All alcoholic beverages available for sale through the Online Store may only be purchased by individuals who meet the legal drinking age requirements in their country of residence. By placing an order, the customer expressly declares that they comply with this requirement and assume full responsibility for such declaration.
Foz Gourmet reserves the right to request proof of legal age at any stage of the purchasing process, including prior to dispatch or at the time of delivery, and may refuse to complete the transaction if satisfactory proof is not provided.
2. Product Information, Content, Prices and Stock
2.1 Foz Gourmet reserves the right to modify, at any time and without prior notice, any information or commercial offer presented on the website, including products, prices, promotions, commercial conditions and services.
2.2 Product images are illustrative only and may differ from the product ultimately delivered. In the event that an image contains a specific year, vintage or other detailed information, the written title and description on the product page shall always prevail over the image.
Foz Gourmet shall not be held liable for typographical errors, technical inaccuracies, translation errors or other unintended inaccuracies displayed on the website.
2.3 Despite all efforts to ensure the accuracy of the information presented on the website, occasional pricing or description errors may occur. In the event of an evident error in price or product information, Foz Gourmet reserves the right to cancel the order prior to shipment and refund any amounts paid by the customer.
A contract of sale shall only be deemed concluded after effective receipt of payment, physical validation of stock and dispatch confirmation issued by Foz Gourmet. The automatic order acknowledgement email does not constitute acceptance of the order.
If the effective price of the product is lower than the advertised price, the customer will be charged the lower amount or refunded the difference, where applicable.
If the effective price is higher than the advertised price, the customer will be informed by email and may choose, within 15 days from notification, to accept the corrected price or cancel the order with full refund.
2.4 Where the vintage or harvest year is not expressly indicated, the current market vintage shall apply.
2.5 Due to the existence of separate stock management systems between the online store and the showroom, discrepancies in available quantities may occur.
In the event of stock unavailability after an order has been placed, Foz Gourmet shall inform the customer and offer the following options:
a) Refund of the amount paid for the unavailable product;
b) Cancellation of the entire order with full refund;
c) An alternative solution agreed between both parties.
Under no circumstances may the customer demand delivery of paid goods without prior confirmation of physical availability. Such confirmation shall always be sent by email after the automatic order summary email generated at the time of payment.
2.6 Upon placing an order, the customer will immediately receive an automated email including an attached order summary. This email does not constitute final confirmation of the order.
Final confirmation shall only occur after physical validation of stock and dispatch confirmation by Foz Gourmet.
2.7 In accordance with Portuguese law, all prices displayed include VAT at the applicable legal rate, unless expressly stated otherwise. For professional resellers only, prices may be displayed excluding VAT, in which case the indication “Without VAT” shall be clearly and visibly stated next to the price.
2.8 Promotions displayed on the website may not apply to products available in the showroom.
2.9 Any promotional offer relating to the inclusion of a complimentary international wine bottle for purchases exceeding €100 shall be selected exclusively by Foz Gourmet, up to a maximum value of €10, and shall be valid only during the promotional period expressly indicated on the website.
2.10 The information made available on the Website, including prices, descriptions, images and technical specifications, does not constitute a binding contractual offer but merely an invitation to contract. The contract is only considered concluded after validation of payment and confirmation of dispatch of the order.
2.11 In the event of a manifest error in price, description or availability, Foz Gourmet reserves the right to cancel the order prior to dispatch and refund any amounts paid by the Customer, without any additional compensation being due.
3. Orders and Payment
3.1 Upon placing an order through the website, the customer will receive an automatic email sent to the address provided at checkout, containing a summary of the order, including delivery details, billing information, selected products and total amounts.
This automatic email serves as acknowledgement of receipt and does not constitute final acceptance or confirmation of availability.
If the customer does not receive this email, it is their responsibility to contact Foz Gourmet so that the notification may be resent.
3.2 The customer is responsible for verifying all order details before submission. If any information is incorrect or requires amendment, the customer must contact Foz Gourmet as soon as possible and prior to dispatch.
Requests for changes after dispatch shall be analysed on a case-by-case basis and may be subject to additional costs or logistical constraints.
3.3 The customer must provide at least one valid telephone contact for delivery purposes. This contact is essential to enable communication by the carrier.
If delivery fails due to absence, incorrect details, lack of contact, refusal to accept delivery, failure to collect the order within the timeframe defined by the carrier, or any other circumstance attributable to the customer, and the goods are returned to the warehouse, the order shall be retained pending further instructions from the customer.
In such cases, Foz Gourmet reserves the right to charge the effective outbound shipping cost (including where free shipping was initially applied), the return shipping cost, and any storage, handling or administrative fees incurred. Re-dispatch shall only occur after payment of the new shipping costs and any additional charges applicable.
3.4 Orders are only processed after effective receipt of payment. The date of confirmed payment shall constitute the date of order confirmation for processing purposes.
The mere submission of an order does not constitute reservation of stock nor formation of a binding sales contract.
3.5 If an order cannot be fulfilled in whole or in part, Foz Gourmet will contact the customer in order to determine an appropriate solution.
3.6 Orders pending payment must be settled within a maximum period of 48 (forty-eight) hours from the moment of confirmation. After this period, the order shall be automatically cancelled without prior notice.
3.7 Foz Gourmet reserves the right to refuse or cancel orders in justified situations, including but not limited to suspected fraudulent transactions, abusive behaviour, repeated failed deliveries, misuse of the statutory withdrawal right, incomplete or inconsistent information, or other circumstances that may reasonably compromise the security or integrity of the transaction.
3.8 In the event of suspected fraud or irregular transaction patterns, Foz Gourmet may request additional documentation to validate the order before dispatch. Failure to provide such documentation may result in cancellation of the order and refund of amounts received.
3.9 The following payment methods are accepted through the Online Store of Foz Gourmet: Multibanco Reference and MBWAY (for customers with Portuguese bank accounts), Bank Transfer, PayPal and Boleto Bancário (the latter for customers resident in Brazil).
3.10 Orders may display the following status stages within the system:
• Pending – awaiting payment confirmation;
• Processing – payment confirmed and order being prepared;
• On Hold – awaiting additional confirmation or clarification from the customer;
• Completed – order dispatched.
These status indicators are for informational purposes and do not independently determine contractual formation.
3.11 All payments are processed in Euros (€). Any currency conversion fees, international transaction charges or bank-related costs applied by the Customer’s financial institution shall be borne exclusively by the Customer.
3.12 All orders are subject to stock availability. The formalisation of an order does not constitute a reservation of products. Stock is only considered reserved after effective receipt and confirmation of payment.
4. Shipping Costs
4.1 Shipping costs are added to the product prices and are calculated per order.
4.2 Foz Gourmet does not charge separate packaging fees. Shipping costs are determined based on the total weight of the order, the delivery destination and the selected carrier or shipping method chosen at checkout.
The applicable shipping cost is automatically calculated and displayed during the checkout process, prior to order confirmation.
Shipping rates may vary depending on external factors, including but not limited to carrier pricing policies, fuel surcharges, logistical adjustments or destination-specific conditions. Foz Gourmet reserves the right to update shipping costs without prior notice, provided that such changes do not affect orders already confirmed and paid.
4.3 Free shipping for orders exceeding €100, where applicable, constitutes a promotional offer and may be modified, suspended or withdrawn at any time without prior notice.
Free shipping offers apply only to successful deliveries completed under normal conditions. In the event that an order benefiting from free shipping is returned due to reasons attributable to the customer, including but not limited to refusal, absence, failure to collect, incorrect address or customs non-clearance, the free shipping condition shall be considered void and the effective outbound shipping cost may be deducted from any refund or charged accordingly.
5. Dispatch, Delivery and Office Collection
5.1 Shipping Methods
For delivery to the address indicated by the customer, the shipping option must be selected at checkout. Deliveries are carried out through contracted carriers (including but not limited to TNT, Chronopost, CTT, Nacex, DHL) for national and international shipments.
The carrier used may vary depending on destination, service availability and logistical requirements.
5.2 Estimated Delivery Times
Following dispatch, estimated delivery times are generally:
• 24 to 48 hours within Mainland Portugal;
• 5 to 9 business days to Madeira and Azores;
• Approximately 3 business days to Mainland Spain;
• 5 to 7 business days within the remaining European Union;
• Approximately 7 business days to other international destinations.
Any delay in delivery shall not entitle the customer to compensation.
5.3 Shipment Notification and Tracking
Once an order has been dispatched, the customer will receive a shipment confirmation email.
Tracking information is available upon request. If the customer wishes to monitor the shipment, they may contact Foz Gourmet to obtain the relevant tracking details.
It is the responsibility of the customer to request and monitor tracking information where available. Foz Gourmet does not issue notifications for each change in shipment status. Furthermore, certain transport services may not provide real-time tracking updates.
Failure to request tracking information does not affect the validity of the dispatch or delivery process.
5.4 Delivery Inspection and Damage Reporting
All products must be inspected at the time of delivery.
If visible damage is detected, the customer must immediately refuse the delivery and clearly state the reason on the carrier’s delivery document. The incident must also be reported to Foz Gourmet without delay.
If non-conformity is identified after delivery, the customer must notify Foz Gourmet within a maximum period of 24 hours by email to info@fozgourmet.com, indicating the order number and attaching clear photographic evidence of:
• The external packaging as received;
• The internal packaging;
• All affected products.
Failure to comply with this procedure may compromise the ability to assess responsibility and process claims.
In the absence of written reservations registered on the carrier’s delivery document at the time of receipt, the goods shall be presumed to have been delivered in good condition and in conformity with the order.
5.5 International Shipments and Customs
Foz Gourmet shall not be held responsible for shipments to countries where local legislation restricts or prohibits the importation of alcoholic beverages.
The customer is solely responsible for verifying import regulations applicable in the destination country.
Any customs duties, taxes, storage fees, clearance charges or other import-related costs are the sole responsibility of the customer.
In the event that goods are returned due to customs refusal, legal restriction, non-clearance, failure to complete import formalities, or lack of cooperation attributable to the customer, Foz Gourmet shall only refund the value of the products returned in good and resalable condition, and reserves the right to deduct outbound shipping costs, return shipping costs, customs charges and any related expenses incurred.
5.6 Perishable and Temperature-Sensitive Products
For perishable products such as Caviar and Foie Gras, returns will only be accepted where it can be demonstrated that appropriate storage and temperature conditions were maintained during transport and handling.
Products returned without evidence of proper conservation may not be eligible for refund.
Customers are advised to contact Foz Gourmet prior to ordering if clarification is required regarding shipping conditions.
5.7 Delivery Attempts and Failed Deliveries
Deliveries are typically made during business hours on working days to the address indicated by the customer.
If delivery is unsuccessful due to absence or inability to contact the recipient, the carrier may leave a delivery notice with instructions for collection or re-delivery, depending on the service.
If the customer fails to collect the shipment within the timeframe established by the carrier, or if delivery fails due to incorrect information, refusal, absence, lack of contact or lack of cooperation attributable to the customer, the order may be returned to the warehouse.
In such cases, Foz Gourmet reserves the right to deduct the effective outbound shipping cost (including where initially offered free of charge), the return shipping cost, carrier storage fees and any administrative or handling costs incurred. Re-dispatch shall only occur after payment of new shipping costs and applicable charges.
5.8 Office Collection
Where available at checkout, the customer may select the option “Collect Order” for pickup at the Office/Warehouse of Foz Gourmet.
As products are stored in a warehouse separate from the office location, collection orders may require up to 24 hours for processing.
Customers will receive a confirmation email once the order is available for collection. Collection should only be attempted after receipt of this confirmation.
Only the individual named on the order may collect the goods, unless prior written authorisation identifying an alternative person has been communicated to Foz Gourmet.
The customer must present the order confirmation and identification upon collection.
6. Cancellations and Returns Policy
6.1 Statutory Right of Withdrawal
In accordance with Portuguese Decree-Law no. 24/2014 of 14 February, consumers have the right to withdraw from the contract within 14 days from the date of physical receipt of the goods.
The right of withdrawal must be exercised by written communication sent to info@fozgourmet.com, clearly indicating the order number or the document accompanying the order.
The 14-day period begins on the date the customer or a third party indicated by the customer (other than the carrier) acquires physical possession of the goods.
6.2 Conditions for Return under Withdrawal
To be eligible for return under the statutory withdrawal regime:
a) The product must be returned in perfect resale condition;
b) The product must include original packaging, accessories and any promotional items, where applicable;
c) Proof of purchase must be provided;
d) The product must not show signs of use beyond what is strictly necessary to verify its nature, characteristics and functioning.
Opened bottles, unsealed goods, products unsuitable for return due to health or hygiene reasons after opening, or products altered or modified after delivery are not eligible for withdrawal.
Due to their perishable and refrigerated nature, certain products sold by Foz Gourmet, including, but not limited to, Caviar and other temperature-sensitive food products, are considered goods liable to deteriorate rapidly. In accordance with applicable consumer protection legislation, such products are excluded from the statutory right of withdrawal once delivered. Returns may only be considered in exceptional circumstances where the product remains sealed, unopened and where the cold chain has been demonstrably maintained.
Where handling exceeds what is strictly necessary to verify the nature and characteristics of the goods, Foz Gourmet reserves the right to deduct the corresponding depreciation in value, proportionate to the diminished resale condition of the product.
For bottled products, including wine, champagne, port wine and spirits, resale condition requires that:
– The capsule and seal remain intact;
– The cork has not been extracted;
– The bottle shows no signs of tampering;
– The label is not damaged or altered;
– The product has been stored under appropriate temperature and light conditions.
Products that do not meet these cumulative conditions may be refused or subject to proportional depreciation.
6.3 Costs of Return under Statutory Withdrawal
In accordance with Article 13(2) of Decree-Law 24/2014, the direct cost of returning the goods is borne by the consumer.
Upon valid exercise of the right of withdrawal, Foz Gourmet shall refund all payments received, including delivery costs corresponding exclusively to the least expensive shipping method made available at the time of purchase.
Additional delivery costs resulting from the selection of a more expensive shipping method are not refundable.
Refunds shall be processed within a maximum of 14 days from the date Foz Gourmet is informed of the withdrawal decision. However, reimbursement may be withheld until the returned goods are received or until the customer provides sufficient proof of return shipment, whichever occurs first.
Refunds shall be made using the same payment method used for the initial transaction, unless expressly agreed otherwise, and provided that the consumer does not incur any additional costs as a result.
6.4 Exchanges and Adjustments
Where a product exchange results in a price difference, the corresponding financial adjustment shall be communicated and agreed between the parties.
6.5 Defective or Incorrect Products
Foz Gourmet accepts responsibility for defects originating from production or raw materials, as well as incorrect shipments attributable to the company.
Where such defect or error is confirmed after internal verification, replacement or refund shall be made at no cost to the customer.
Shipping and collection costs in these cases shall be borne by Foz Gourmet, unless the non-conformity is attributable to misuse, improper storage or customer fault.
6.6 Customer Fault, Misuse and Storage
Foz Gourmet shall not be responsible for defects or damage resulting from:
• Improper use;
• Negligence;
• Inadequate storage conditions;
• Exposure to unsuitable temperature conditions;
• External causes or force majeure events.
6.7 Returns Not Covered by Statutory Withdrawal
Requests for cancellation or return outside the statutory 14-day withdrawal period, or in situations not covered by mandatory consumer protection law, shall be assessed on a case-by-case basis.
In such cases, Foz Gourmet may condition acceptance of return upon:
• Deduction of outbound shipping costs (including where initially offered free of charge);
• Deduction of return shipping costs;
• Deduction of administrative or logistical expenses effectively incurred;
• Deduction of financial processing costs where legally permissible and not contrary to mandatory consumer protection provisions.
6.8 International Returns
For returns originating outside Mainland Portugal, including Madeira, Azores, other European countries or international destinations, the direct cost of return shall be borne by the consumer, in accordance with applicable law.
Where customs restrictions, import prohibitions, or failure to comply with destination country regulations result in return of goods, Foz Gourmet shall refund only the value of products received back in good and resaleable condition, and reserves the right to deduct outbound shipping, return shipping, customs charges and related expenses incurred.
6.9 Communication
All communications relating to cancellations or returns shall be made through the Foz Gourmet official contacts:
info@fozgourmet.com (preferred contact) or foz.gourmet.lda@gmail.com
7. Limitation of Liability
7.1 To the maximum extent permitted by applicable law, Foz Gourmet shall only be liable for direct damages resulting from wilful misconduct or gross negligence.
7.2 In any event, and to the maximum extent permitted by applicable law, the total liability of Foz Gourmet, whether arising in contract, tort or otherwise, shall be strictly limited to the total amount effectively paid by the Customer for the relevant order.
7.3 Foz Gourmet shall not be liable for indirect damages, incidental damages, consequential damages, loss of profits, loss of revenue, loss of business opportunity, commercial losses or any other non-direct damages arising from the use of the Website or the purchase of products.
7.4 Nothing in these Terms and Conditions shall limit or exclude liability where such limitation or exclusion is not permitted under applicable consumer protection legislation.
8. Applicable Law and Dispute Resolution
8.1 All purchases made through the website of Foz Gourmet are governed by Portuguese law.
8.2 Any dispute arising from the interpretation, validity or execution of these Terms and Conditions shall be submitted to the competent Portuguese courts, without prejudice to the application of mandatory consumer protection rules and jurisdictional rights that may apply under European Union law.
In the event of discrepancy or conflict between different language versions of these Terms and Conditions, the Portuguese version shall prevail for all legal purposes.
8.3 In accordance with Article 18 of Law no. 144/2015 of 8 September, Foz Gourmet informs consumers that the available Alternative Dispute Resolution (ADR) entity is:
Centro de Arbitragem de Conflitos de Consumo do Porto
Address: Rua Damião de Góis, 31, Loja 6, 4050-225 Porto, Portugal
Telephone: +351 22 550 83 49 / +351 22 502 97 91 (15:00–16:00)
Directorate-General for Consumers Telephone: 707 788 787
Website: http://arbitragemdeconsumo.org
8.4 Pursuant to Decree-Law no. 74/2017 of 21 June, regulated by Ordinance no. 201-A/2017, the Online Complaints Book (Livro de Reclamações Eletrónico) is available at www.livroreclamacoes.pt, allowing consumers to submit complaints electronically with the same legal value as complaints submitted in physical format.
8.5 Foz Gourmet provides direct access to the Online Complaints Book through the link made available on the website.
