Terms and Conditions
TERMS, CONDITIONS OF PURCHASE AND USE
This document (together with the documents mentioned in the annex) lays down the conditions determining the use of this website (www.TASTE DOURO.pt) and the purchase of products on it (hereinafter "Conditions").
These conditions may be amended, it is your responsibility to read periodically, since the conditions in force at the time of use of the website or the conclusion of the contract (as defined below) are those that will apply.
If you have questions about the conditions or privacy policies, you can contact us via our contact form.
The Agreement may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website is executed under the name TASTE DOURO based at Albert Termotestraat, 173, 255WD - Den Haag, Netherlands, registered with KVK (Kamer van Koophandel) of Den Haag, under the number 81383495, which is also the identification number of a natural person, with the sole holder Alexandra Maria de Sousa Magalhaes Costa, and with the tax identification number NL 003552819B73, with the telephone number +31 618 725 447 and the e-mail INFO@TASTEDOURO.NL
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
4. USE OF OUR WEBSITE
By using our website and/or making orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid queries or orders.
4.2. Do not place any false or fraudulent orders. If we can rationally consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.
If you do not provide us with all the necessary information, we will not be able to follow up on your order.
When you place an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The articles presented on this website are available for deliveries (indicate countries within the EU and outside the EU).
6. CONCLUSION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and click on 'Authorize Payment', and you must first read and accept these Terms of Purchase. In doing so, you are entering into a purchase and sale agreement with us (the "Agreement"). You will then receive an email incharge of receiving your order (the 'Order Confirmation'). You will also receive an email confirming that the order has been shipped (the "Delivery Confirmation"). An electronic ticket with your order details must be attached to the Delivery Confirmation (the "E-ticket").
7. PRODUCT AVAILABILITY
All product orders will be subject to their availability. To this end, if any difficulty occurs with respect to the supply of products or if there are no items in stock, we will inform you immediately of the unavailability, and refund any amount you may be paid for within 30 days.
Without prejudice to the provisions of clause 7 preceding, relating to the availability of the products, and unless extraordinary circumstances occur, we will attempt to send the order for the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date has been specified, within 30 days of the date of Order Confirmation.
However, delays may occur for any of the following reasons:
- customization of products;
- specialized articles;
- unforeseen circumstances; or
- problems in the delivery zone.
If we are unable to comply with the delivery date for reasons not arising out of our liability, we will inform you of this circumstance by giving you the option to continue with your purchase, set a new delivery date, or cancel the order with full refund of the amount paid, without prejudice to all other rights you have under applicable law. In any case, we do not deliver on Saturdays, Sundays or festive dates.
According to these conditions, the "delivery" must have been made or the order "delivered" when physically in possession of the products, which will be evidenced by the signature of the receipt of the order at the delivery address indicated.
9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order we will leave a note indicating where your order is and what to do to have it delivered again. If you are not at the delivery location at the agreed time, we ask you to contact us so that we can arrange delivery for another day.
Please note that in case of non-delivery of the product within the stipulated time, you may be charged the costs related to the storage of the products and the re-delivery attempts.
10. INSTANT DELIVERY
If the customer has chosen the in-store delivery option, they may receive a notification from our "Store Delivery" service informing them that it is available for the items in their order. This service is dependent on the availability of stock and other factors, and therefore cannot be chosen by the customer when making his order. If you receive notification that "In-Store Delivery" is available, your order will be available for collection.
Once your "Store Delivery" order has been prepared, we will contact the customer to let you know that you can pick up the order. The application may be withdrawn in person (by submitting the application number and a document proving your identity) or you can appoint another person to collect your application. In that case, the named person will have to present the application number and a document proving his identity.
The terms of this Clause 10 (together with the remaining terms) will apply to the customer if the customer makes a purchase through the "Store Delivery" service, and is also subject to any other applicable regulations.
11. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risks of the products will be borne by the customer from the moment of their delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including shipping costs, or at the time of delivery (in accordance with the definition contained in clause 8 preceding), if this date is later.
12. PRICE AND PAYMENT
The price of each product will be the one that is stipulated, at any time, on our website, except in case of obvious error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products the customer has ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact the customer, the order will be cancelled and you will be refunded in full the amount paid.
We will not be required to provide you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the price error is obvious and unambiguous and if it could have been reasonably recognised by the customer as an incorrect price.
The prices of this website include VAT but do not include shipping charges, which will be added to the total amount outstanding, as shown on our website.
Prices may change at any time, but (except in the terms set out above) the possible changes will not affect orders for which we have already sent an Order Confirmation.
Once your purchases have been made, all the items you want to buy have been added to your cart and the following steps will be the completion of the order and payment. To do so, you must follow the steps of the purchase process, filling in or verifying the requested information at each step.
In addition, during the purchase process, before payment, the customer can change the data of their order. You can pay through the ideal and with Visa, Mastercard cards.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorise your card to ensure that there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.
By clicking on 'Finalize Order', the customer confirms that the credit card is theirs or that it is the rightful owner of the payment card.
Credit cards are subject to verification and authorization by issuing entities, but if they do not authorize payment, we will not be liable for any delay or non-delivery and will not be able to formalize any Agreement with the customer.
13. VALUE ADDED TAX
All purchases made through this website are subject to the Dutch Value Added Tax (VAT) fee in force.
14. EXCHANGE POLICY
14.1 Right of free resolving of the contract
According to the applicable rules if you are hiring as a consumer, the customer has the right legally enshrined to resolve the contract, up to 14 days, after its conclusion without presenting any reason.
The free resolution period will expire after 14 days from the day on which the customer (or a third party - other than the carrier - indicated by you) physically acquires several items in a separate order, 14 days from the day on which the customer (or that third party indicated by you) physically purchased the last product. To exercise the free right of the contract, the customer can contact us by phone number +31 618 725 447, through the chat available on the website via whatsapp via social networks (Facebook, Instagram and LinkedIn) or through our contact form, their decision to resolve this contract by an unequivocal statement (example : a letter sent by mail or email). The customer can use the form on the contact page of our website. However, the consumer may exercise the right of free resolving by any means and the use of any of the means referred to is not mandatory.
To comply with the period of free resolution of the contract, simply send your communication regarding your exercise of the right of resolving before the period of resolution of the contract expires in the following format:
For TASTE DOURO, based at Albert Termotestraat, 173, 255WD - Den Haag, Netherlands, (e-mail INFO@TASTEDOURO.NL)
I hereby inform you that I terminate my contract for the sale of the following items:
Ordered in /received in (*)
Consumer signature (only if this form is notified in paper format)
Effects of contract resolution
If the customer resolves the Agreement, we will refund the amount paid for the products, including delivery costs at the original delivery location (with the exception of the additional costs arising from the customer not making the return through any of the free methods mentioned in Clause 14.3 and following) without undue delay and provided that it does not exceed the 14-day period , from the day you were informed of your decision to resolve this contract (please confirm this option). We will refund you using the same payment method that the customer used for the original transaction. In any case, the customer will not pay any fee arising from such refund. Despite the foregoing, we may withaging the refund until we receive the products back, or until the customer demonstrates evidence that you have returned them.
The customer can send the items for return with the e-ticket printing attached in the Delivery Confirmation or deliver them to the TASTE DOURO store, in which case he can show the e-ticket in digital format on his mobile device or deliver the e-ticket printing, without undue delay, not exceeding the period of 14 days from the date the customer informed us of the resolution of the contract. The deadline is met if the customer returns the products before the 14-day period has expired.
Unless the customer delivers the products to the TASTE DOURO store or returns the products through a carrier determined by us, the customer must bear the return costs.
The customer is responsible only for a possible decrease in the value of the goods resulting from delivery, and not of what is necessary to establish the nature, characteristics and operation of the products.
Please note that, after the delivery of the order, if the customer exercises the right to cancel the contract and makes the return through a carrier chosen by him and not by TASTE DOURO, we cannot assume the risk on the return packaging when referring to causes not attributed to TASTE DOURO.
Likewise, the customer is responsible for the contents of the return package when choosing one of the return methods offered by TASTE DOURO. In the event that there is an error in the contents of the return package not allocated to TASTE DOURO, we have the right to impute the costs associated with the corresponding return, to the customer, if applicable.
All rights recognised by the law in force will be safeguarded.
14.2 Contractual right to return products
In addition to the legally recognized right of free resolution of the contract by consumers, mentioned in clause 14.1 above, we grant the customer a period of 30 days from the date of confirmation of shipment of the products to return them (except those mentioned in clause 14.3 below, for which the right of return of the products is excluded). The customer will be responsible for the direct costs of returning the product if he does not return to the TASTE DOURO store in Portugal or does not return the products by a carrier determined by us.
The Customer may exercise his right to return the products in accordance with the terms set forth in clause 14.1 above for the exercise of the right of free re-employment of the contract. However, the customer must inform us about their intention to return the products and deliver the products to us within 30 days, from the confirmation of shipment. That is, in the case of return of the products by the customer, the customer will have to return the items in order to ensure that they are received by TASTE DOURO within 30 days from the date of confirmation of shipment.
14.3 Conditions for the exercise of the contractual right to return the products
The customer does not have the contractual right to return the products, provided for in clause 14.2 for the following products:
I. Custom items
II. Etc.. (see more options).
III. Sealed products that are not suitable for return for hygiene reasons and that have been opened after delivery.
The contractual right to return the products should apply exclusively to products that can be returned under the same conditions in which the customer received them. No refund will be made if the product has been used beyond the mere opening of its packaging or if it has been damaged; therefore, the customer should be careful with the products while they are in their possession. Please return the item using or including the original packaging. It should also include all instructions, labels, documents and packaging of the products. In any case, you must deliver, duly filled in, the bead you received at the time of delivery of the product, along with the product to be returned.
At the time of return, their products must be returned as indicated:
- Returns at TASTE DOURO: you can return any product at TASTE DOURO store in Portugal. In this case, you should go to the store and present, together with the product, the e-ticket attached in the email with the shipping confirmation, which can be presented in digital format through your mobile device or through a print of the same
- Returns by carrier: When returning the product(s) by a carrier determined by us, you must contact us via our form at the website contacts or by phone number +31 618 725 447, so that the product is delivered to the original delivery site. must send the product in the same package received, with an e-ticket print attached in the email with the shipping confirmation.
Neither of the above two will incarnate any additional cost.
If you do not wish to return the products through the free options available, the customer will be responsible for the return costs. Please note that if you decide to return the items to us for collection we will be allowed to charge you for the expenses we may incur.
After examining the article, we will inform you if you are entitled to a refund of the sums paid. Delivery costs will be refunded when the contractual right to return the products is exercised within the contractually defined period and all the products concerned are returned. The return will take place as soon as possible and in any case up to 14 days from the date the customer has communicated to us his intention to return the products Despite the above, we may withholding the return until we receive the products back or until the customer demonstrates evidence that the products sent the products. The return will always be made by the same means of payment that the customer used to pay for the purchase.
If you have any questions, please contact us via our contact form on our website or by phone number +31 618 725 447.
Notwithstanding the limitations to the contractual right to return the products provided for in clause 14.2, this Clause shall not apply to the exercise of the right of free termination of the contract legally granted to the consumer, in particular with regard to the limitation of the power of inspection and handling of goods.
14.4 Defective products
In cases where you consider that, at the time of delivery, the product is not in accordance with the provisions of the contract, the customer should contact us within two months legally fixed through our contact form, indicating the details of the product as well as the damage suffered, or by contacting us on +31 618 725 447 , and we'll tell you what to do.
You can return the product at taste douro store in Portugal, and must present the e-ticket in digital format on your mobile device or deliver an e-ticket print, or deliver it to a carrier, at home, sent by us, accompanied by an e-ticket print, and then refunded the corresponding amount.
As legally established, instead of the cancellation of the contract (and consequent return of the good and refund), you may also opt for the replacement of the product, or for the appropriate reduction of the price.
The refund of the price, replacement of the product, or appropriate reduction of the price paid for the item shall take place as soon as possible and in any case within 30 days.
The amounts paid for the products returned for any damages or defects will be refunded in full, including the delivery costs incurred with the shipment of the item and the costs you have in returning them. The return must be made by the same means of payment that was used to pay for the purchase.
All rights recognised by the law in force will be safeguarded.
14.5 Size change
If the item purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request the change of size, without having to pay any additional delivery service of the new item, even if return the original item. This possibility is independent of the right of resolution, which still exists, both from a legal point of view and from a contractual point of view. You can request the size change through "Orders and Returns", section of "my account" on this website. You should select the new size of your article and ensure that it is the same article, only if the payment has been made through some means of payment (see Clause 11 of these terms and conditions for more information), only if you meet these requirements you can request the size change. Once the size change is requested and the return method is selected, you will need to deliver the original item to the TASTE DOURO store in Portuguese territory or through the distribution company that has sent the item home in Portugal. The original item will need to be returned without any delay, and never after 14 days since the 14 calendar days period since the request for size change. None of the return method options will incarnated at an additional cost.
If you choose to deliver to taste douro store in Dutch territory, you must present the original item accompanied by the gift that was made available to you on delivery. If you choose to deliver to the distribution company, you must return the original item in the packaging in which you received it and communicate it via contact form or via +31 618 725 447 the intention to do so.
Once we know what is desired, we will send the new order with the item in the requested size in two or three business days from the date of the request for change of size, and never beyond the maximum period of 30 days.
Please note that if after 14 calendar days since the date of the change of size request, you have not delivered the original item, we reserve the right to charge you the costs corresponding to the new order generated, as provided for in these terms and conditions.
14.6 Variations that should not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production. These features, such as variations in grain, texture knots and colors, may not be considered defects or damage. On the contrary, you must count on your presence and enjoy them. We select only the highest quality products, but the features are inevitable and should be accepted as part of the individual appearance of the product.
14.7 Right of resolving and returning orders from abroad
If you have ordered articles from another EU Member State outside Portugal through this website, clauses 14.1,14.2,14.3 and 14.5 apply with the restriction that the transport determined by us can only be made to the original delivery address within Portugal.
Please be further informed that we are under no circumstances (with the exception of clause 14.4 to which this clause 14.7 does not apply) required to pay shipping costs to addresses other than the original delivery address, nor the return costs of destinations outside Portugal.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to re-employment the contract.
15th WWW.TASTE DOURO.PT
This website contains a section specifying "SPECIAL SERVICES", in which, in accordance with these terms and conditions and the particulars referred to in that section, you may customize certain products. In this section you can find more information about this service.
Please keep in light that due to technical reasons or other reasons beyond our devices, actual colours, textures and sizes may vary from those displayed on your screen. Furthermore, it should be taken into account that, because they are perishable food products it will not be possible to return or exchange these items.
The Customer warrants that he/she is authorized to use the texts and other elements that are part of the customization of the products. However, we reserve the right to refuse your customization or to cancel orders for custom products for non-compliance with the conditions in question. The customer will be solely responsible for the customization requested. We may refuse your customization or cancel orders for custom products in the event that we notice that the customization consists of, or includes inappropriate, third-party or unlawful property.
We do not assume the obligation to verify and do not assume responsibility for the texts or other elements that are part of the customization created by the users of this service. We do not guarantee the legality of such texts or other elements and, consequently, we assume no responsibility for damages and/or damages that may result for any user(s) and/or any other third party - whether individuals or public or private entities - result directly or indirectly from the use of the SPECIAL SERVICES section or that has any kind of direct or indirect relationship with said section and/or its products.
16. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are at any time ours or those who have granted us the license for their use. You may only use this material in the manner expressly authorized by us or by those who have granted us the license for its use. This does not prevent you from using this website to copy the information relating to your order or the contract data to the extent necessary.
17. VIRUSES, PIRACY AND OTHER CYBER ATTACKS
You should not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You should not gain unauthorized access to this web page, the server on which this page is located, or any server, computer or database related to our web page. You will commit not to attack this web page through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may result in infringements typified by applicable law. We will inform the competent authorities of any breach of such legislation and cooperate with them to find out the identity of the attacker. In the event of non-compliance with this clause, you will also no longer be allowed to use this website.
We will not be liable for any data or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or the downloading of content from it or the content to which it redirects.
18. LINKS FROM OUR WEBSITE
If our website contains links to other third-party pages and materials, these links are provided for information purposes only, without having any control over the content of those pages or materials. Therefore, we will not accept any liability for damages or losses due to its use.
19. WRITTEN COMMUNICATION
Applicable law requires that part of the information or notifications we send be in writing. By using this website, the customer accepts that most notifications with us are electronic. We will contact you by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.
Customer notifications should be sent, via the telephone contact +31 618 725 447, through the whattsapp chat available on the website, via social networks (Facebook, Instagram and LinkedIn) or through our contact form. In accordance with the provisions of clause 17 above and unless otherwise stated, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be considered to have been received, and correctly made, at the time the customer enters our website, 24 hours after sending an email or three days after the franchise date of any letter. To prove that the notification was made, it is sufficient to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The commitment of the contract applies to you and to us, as well as our respective successors, people who have benefited from transfers made by us and heirs. You may not transmit, waive, contract or otherwise transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.
We may transmit, waive, subcontract or otherwise transfer a contract or any of the rights or obligations arising therefrom, at any time during the term of the contract, to any other company owned by taste douro's legal owners. All other transfers of our contractual position, rights or obligations under this agreement will also be subject to your prior consent. In order to avoid any doubt, such transfers, transfers, embargoes or other transfers shall not affect the rights which, as applicable, you hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
22. REASONS FOR FORCE-GREATER FORCE
We will not be liable for any breach or delay of any of our obligations under a Contract which is due to events that are outside our control (Force Major Reasons).
The concept of Force Major shall include any act, event, failure to exercise, omission or accident that is beyond our control, including but not including but not including the following:
i. General strike, or other forms of protest that significantly affect the country.
ii. Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, floods, earthquake, landslide, epidemic, pandemic or any other natural disaster.
iv. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.
v. Impossibility of using public or private telecommunications systems.
Our obligations derived from the Contracts shall be considered to be suspended for the period in which the Reasons for Force Major occurs and we will benefit from an extension of the period to comply with such obligations for a period of time equal to that of the duration of the Force-Major Reasons. We will use all reasonable means to terminate the Force Major Grounds or to find a solution that allows us to comply with our obligations under the Agreement.
23. RENUNCIATION RIGHTS
The absence of our requirement for strict compliance by the customer with any of the obligations undertaken by him under a Contract or these Terms or the failure on our part to exercise the rights or actions owed under this Agreement or Conditions will not mean a waiver or any limitation in relation to those rights or actions , nor shall it relieve the customer of fulfilling its obligations.
No waiver on our part of a right or action will imply the waiver of our rights or actions, derived from the Agreement or the Terms.
No waiver on our part of any of these Terms or the rights or actions derived from the Agreement shall take effect, unless expressly stated that it is a waiver, formalizes and communicates to the customer in writing in accordance with the provisions of clause 17 above.
24. PARTIAL CANCELLATION
If any of these Terms or any provision of a Contract are declared void and void by a competent authority by firm resolution, the remaining terms and conditions shall remain in force without being affected by such declaration of invalidity.
25. SINGLE AGREEMENT
These Terms and all documents to which express references are made constitute the entire agreement between us and the customer, with respect to the subject matter of the Agreement, and supersede any other covenant, agreement or promise previously established between us and the customer, either verbally or in writing.
We and you acknowledge that we have consented to the conclusion of the Agreement without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations between both parties prior to this Agreement, except as expressly mentioned in these Terms.
26. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase agreements made through this page are governed by Portuguese law.
This provision does not affect the other rights recognised to the consumer by the legislation in force.
27. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send feedback and suggestions through our contact form.
You can send your comments and complaints through our contact or via the email info@TASTEDOURO.nl
28. ALTERNATIVE DISPUTE RESOLUTION
To this end, if the transaction has been completed through our website, we inform you - in accordance with EU Regulation No 524/2013 - that you have the option of attempting to resolve any dispute out of court by accessing the electronic online dispute resolution platform at https://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under Article 17 of Law No. 144/2015 of 8 September on the Consumer Portal, through the www.consumidor.pt website.