Terms and Conditions
1. Scope
1.1 These general conditions are intended to regulate the Terms and Conditions of use of this website operated by BONS BAGOS, LDA (hereinafter referred to as BONS BAGOS), a limited liability company with registered office at Rua Fernando Pessoa, number 14, R/C Direito, 1700-190 Lisbon, under the unique registration number and NIPC 516830694, registered at the Notary Office of Leiria with a share capital of €2,000.00 (two thousand euros), with the email geral@bonsbagos.com and by telephone (+351) 916342208 (call to national mobile network) as well as the purchase of products through the website available on the same.
1.2 . The purchase of any product on the BONS BAGOS website implies acceptance of these General Conditions of Online Sale. If you do not agree with these Terms and Conditions, please do not use the BONS BAGOS website. If you have any questions about the Terms and Conditions, please contact geral@bonsbagos.com .
1.3 . BONS BAGOS reserves the right to change these Terms and Conditions of Use without prior notice. We may update the Terms and Conditions from time to time for legal or regulatory reasons, or to enable the proper functioning of the website. Any changes will be notified to the user via the email address provided by the User or via an appropriate announcement on the BONS BAGOS website. Changes will apply to the use of the website after prior notice is given. If you do not wish to accept the new Terms and Conditions, you should not continue to use the BONS BAGOS website. If you continue to use the BONS BAGOS website after the date on which the change becomes effective, your use of the company website indicates your agreement to the new Terms and Conditions.
1.4 Any and all alcoholic beverages available for sale on the BONS BAGOS website may only be purchased by people who are of legal age to do so in their country of residence.
1.5 All personal data is strictly confidential and will not be shared. As an additional security note, the BONS BAGOS website does not store credit card details.
2. Use
2.1. BONS BAGOS may restrict access to certain pages of the website to authenticated users.
2.2 . Authentication consists of identifying the user by entering a user ID and password, mandatory fields to be completed when registering as a user.
2.3 . Registration by the user is free of charge and implies acceptance of these general terms and conditions of use. To register on the BONS BAGOS website you must be of legal drinking age in your country. The user must ensure that the information provided at registration or at any time is correct and complete. The user must inform us immediately of any changes to the information provided when registering by updating your personal data, so that we can communicate with you effectively.
2.4. When you register to use the BONS BAGOS website, you will be asked to create a password. The password chosen by the user is personal and non-transferable, and any transfer or communication to third parties is prohibited. In order to prevent fraud, you must keep this password confidential and must not disclose or share it with anyone. If you know or suspect that someone knows your password, you must notify us by contacting geral@bonsbagos.com immediately. If BONS BAGOS has reason to believe that there is likely to be a breach of security or misuse of the BONS BAGOS website, we may require you to change your password or we may suspend your account.
2.5 You may cancel your registration at any time by informing us in writing to geral@bonsbagos.com
2.6 At the end of each use, the user must log off from the password-protected area.
2.7 Whenever the user becomes aware that their user data is being used by third parties, they must immediately notify BONS BAGOS.
2.8 Although we aim to provide you with the best possible service, we make no promises that the services on the BONS BAGOS website will meet your needs. We cannot guarantee that the services will be fault-free. If a fault occurs with the website, you must inform BONS BAGOS so that geral@bonsbagos.com and we will attempt to correct the fault as soon as reasonably practicable.
2.9 Your access to the Company's website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore service as soon as reasonably practicable.
2.10 By placing an order you are confirming that you are of legal drinking age in your country. If the delivery company is in doubt about the age of the recipient of a package they will ask for some form of identification. In the event that this is not met they will not be allowed to leave the package.
2.11 For the purposes of preventing or detecting offences, and/or the apprehension or prosecution of criminals, we may have to share any information we collect with the police, other public or private sector agencies or representative bodies in accordance with relevant legislation. Information shared in this way will not be used for marketing purposes.
2.12 The BONS BAGOS website may provide content from other internet websites or resources and whilst BONS BAGOS tries to ensure that the material included on the company website is correct, reputable and of high quality, it makes no warranties in relation to such content. If BONS BAGOS is informed of any inaccuracies in the material on the website, we will attempt to correct such inaccuracies as soon as reasonably practicable. If we breach these Terms and Conditions, we will only be liable for any losses you suffer as a result thereof and to the extent that it is a foreseeable consequence to both of us at the time of your use of the website. Our liability shall in no event include business losses such as lost data, lost profits or business interruption. BONS BAGOS shall have no liability for any damage or loss resulting from viruses, worms, Trojan horses or other malicious code or the corruption or loss of data or any damage to software or hardware. This clause does not limit or affect our liability arising from any products sold through our website.
3. Intellectual property
3.1 All materials, content and software available on the website, namely information, images, illustrations, graphics, names, logos and articles are the intellectual property of BONS BAGOS and may not be reproduced, modified, distributed, marketed, or used in any other way, unless expressly authorized in writing by BONS BAGOS.
3.2 Any use of the materials, content and software available on the website for a purpose other than that expressly permitted by these Terms and Conditions of Use will be considered a violation of current national and international legislation regarding Copyright.
4. Contract
4.1 The information contained in these Terms and Conditions of Use does not constitute an offer to sell, but rather an invitation to contract, and therefore no contract will exist between BONS BAGOS and the user before the order is expressly accepted by both parties.
4.2 After placing an order, the user will receive an email confirming their order.
4.3 However, this does not mean that your order has been automatically accepted by BONS BAGOS.
4.4 The user will be informed of the acceptance of their order via an email confirming the shipment of their order.
4.5 If the customer does not receive the order confirmation email, they are asked to contact BONS BAGOS via email geral@bonsbagos.com so that this notification is sent again to the customer's email address.
5. Description and price of goods
5.1 The description and price of the goods you order will be shown on the BONS BAGOS website at the time you place your order.
5.2 Every effort will be made to ensure that prices displayed on the BONS BAGOS website are accurate at the time of placing your order.
5.3 If an error is found, BONS BAGOS will inform you by email to the address provided on your order form as soon as possible and offer you the option of confirming your order at the correct price or cancelling your order.
5.5 In case of cancellation of the order, BONS BAGOS will refund any amount that has been paid or debited. In addition to the price of the product, you may be required to pay a delivery fee for the goods, as shown during the payment process on the BONS BAGOS website. If you do not agree with the delivery price indicated during checkout, then you should not proceed with the order.
5.6 Under Portuguese law, all prices shown on the BONS BAGOS website include the respective VAT rates in force, unless otherwise stated.
5.7 BONS BAGOS reserves the right to modify, without prior notice and at any time, the information and commercial offer presented regarding: products, prices, promotions, commercial conditions and services.
6. Product availability
6.1 Products are subject to availability. BONS BAGOS does not guarantee that the products displayed on the website are available at the time of order processing, as the order is only processed after confirmation of the respective payment.
6.2 BONS BAGOS will immediately inform the customer in the event of absolute unavailability of stock of the product ordered, reserving the right to provide the customer with information about possible substitutes.
6.3 If the customer chooses not to order the replacement, BONS BAGOS will refund any amounts paid by the customer, within a maximum period of 3 working days after notification of the cancellation.
6.4 We will send you a more recent vintage year if the advertised vintage year is not available. Please indicate in the order notes during checkout if you do not wish to change the vintage year. If you are unable to indicate this in the order notes, we will always accept the return of the product, when agreed between both parties, however the shipping costs will not be subject to refund, which are the responsibility of the person returning the products.
7. Ordering and payment
7.1 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 via email geral@bonsbagos.com as soon as possible so that the change requested by the customer can be made internally. Changes to the details of orders already shipped will have to be analyzed by the BONS BAGOS team so that, together with the customer, the most appropriate solution can be found.
7.2 All orders on the BONS BAGOS website will only be processed after payment has been effectively received. The formalization of the order in itself does not constitute a reservation of the products.
7.3 If an order cannot be fulfilled in part or in full, the customer will be immediately contacted by BONS BAGOS in order to find the most suitable solution.
7.4 You will only be asked to enter your credit/debit card details after you confirm your order on our payment partner’s BONS BAGOS website. We do not have access to the payment information you enter on our payment partner’s website. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If your payment card issuer refuses to authorise payment, BONS BAGOS will not be liable for any delay or non-delivery of your order. Furthermore, in the interest of preventing fraudulent use of credit and debit cards, BONS BAGOS may validate the names and addresses provided during the order process against commercially available records. We may need to contact you by telephone or email to verify details before dispatching your order.
7.5 Through the BONS BAGOS website, payments are accepted via Multibanco reference, MBWay (both for customers with a bank account in Portugal) and credit/debit card.
7.6 All orders placed on the BONS BAGOS website have a maximum payment period of 2 days. After this period, the order will be automatically cancelled.
7.7 Orders may be cancelled when expressly requested by the customer through the following contact, before the orders are shipped: geral@bonsbagos.com . After confirmation of the order shipment, the customer is asked to contact BONS BAGOS via email geral@bonsbagos.com so that, together with him, the most appropriate solution can be found.
7.8 Payments are received in euros, regardless of the currency in which the transaction is made, conversion fees for payments made in other currencies will have to be borne by the customer.
7.9 BONS BAGOS, in some cases, may request documents in order to continue processing the order.
8. Delivery
8.1 BONS BAGOS will make every effort to send the order by the scheduled date. However, delays may occur due to unforeseen circumstances or related to the geographical delivery area.
8.2 Any delay in shipping the order, in relation to the estimated delivery time presented, does not give the customer the right to any compensation.
8.3 The customer will be informed if BONS BAGOS, for reasons beyond its control, finds out that it will not be able to meet the estimated delivery deadline, and may cancel the order and receive a refund of the amount paid.
8.4 After the orders are shipped, the information for tracking the shipment will be available in the account of customers who have placed the order with registration and a notification is also sent via email with the link for tracking the shipment to all registered customers. If for any reason the customer does not receive the shipping confirmation, they should contact BONS BAGOS via email geral@bonsbagos.com so that all available information about the shipment of the order can be sent again.
8.5 After notification of shipment, customers must monitor the status of the shipment through the link provided by BONS BAGOS, so that they are aware of the progress until the moment of delivery of the order, since BONS BAGOS does not notify each change in the shipment status.
8.6 The products you order will be delivered to the address you provide when placing your order. When placing your order you can contact us with instructions for alternative delivery options in the event that you are not at the address on the expected delivery date.
8.7 All parcels must be signed for upon delivery by a person of legal drinking age.
8.8 If there is no one at the address eligible to receive the goods, the recipient will be notified of an alternative day for delivery or will be asked to contact the carrier to arrange a new delivery or information will be left in the mailbox with information on how to collect the order. If for any reason the customer is unable to receive the order or collect it at the location indicated by the carrier, the customer is asked to contact BONS BAGOS so that together we can find the most suitable solution.
8.9 If after several failed delivery attempts to the address provided and an eligible recipient is not present to sign for the order, or if no effort is made by the recipient to contact the courier company to reschedule a new delivery, the order will be returned to our warehouse. In this case, a delivery surcharge may be payable by the customer for the goods to be sent back. BONS BAGOS will contact you to arrange this new delivery.
8.10 Every effort will be made to deliver goods within 1 to 2 working days in mainland Portugal and 5 working days for the islands (Madeira and Azores), however, in rare cases, delivery time may take up to 5 working days in mainland Portugal and 10 working days for the islands (Madeira and Azores).
8.11 BONS BAGOS will not be responsible for any loss or damage suffered by you resulting from any delay in delivery.
8.12 All products sent by BONS BAGOS must be checked upon delivery. If the customer finds that the order is damaged, he/she must immediately return it to the transport company, duly justify the reason for the return on the carrier's delivery note and immediately notify BONS BAGOS by email geral@bonsbagos.com indicating the order number or the number of the document that accompanied the order, attaching images of the packaging as received and of all items, so that the process of investigating the occurrence can be opened internally and the situation can be resolved as quickly as possible.
8.13 The order is considered “delivered” as soon as the customer or any third party takes physical possession of it at the agreed delivery address, by signing the corresponding acknowledgement of receipt.
9. Returns Policy and Right of Withdrawal
9.1 BONS BAGOS recognizes the right of all its customers to terminate contracts entered into with it, allowing them to return, within a period of 14 (fourteen) days, the products purchased under the terms of Decree-Law No. 143/2001 and Decree-Law 82/2008 of 20/05.
9.2 The customer must return the order within a maximum period of 14 (fourteen) days from the date on which he exercised the right to freely terminate the contract.
9.3 In case of termination, the customer will be reimbursed for all payments made, including delivery costs, within a maximum period of 14 (fourteen) days from the date on which BONS BAGOS is informed of the customer's decision to terminate the contract.
9.4 BONS BAGOS reserves the right to withhold the refund until it receives the returned order or until the customer presents proof of having sent it.
9.5 For exchanges or returns, the customer is asked to contact BONS BAGOS via email geral@bonsbagos.com up to 14 days after purchase, indicating the order number or the document that accompanied it, as well as the reason for the return, taking into account the conditions detailed below in the following topics:
- To return an order, the product must be in perfect condition, and if applicable with its original packaging, accessories or promotional offers included, and accompanied by proof of purchase or invoice. In this case, the shipping costs to BONS BAGOS will be borne by the customer.
- The return of defective products and incorrect shipments will be permitted, with BONS BAGOS being responsible for the shipping and collection costs whenever the customer communicates this circumstance within 14 (fourteen) days from the date of receipt of the product.
- Once the goods have been received at our facilities and after validating their condition, the amount will be refunded in accordance with the payment method used by the customer, or another solution previously agreed with the customer.
9.6 BONS BAGOS assumes responsibility for defects in the origin or raw material of the purchased product and, if this is confirmed by the specialized team, the product will be exchanged or returned at no cost to the customer.
9.7 BONS BAGOS will not accept the return of the product after it has been used, or if it has been altered or modified.
9.8 BONS BAGOS is not responsible for deficiencies resulting from incorrect use, negligence, poor storage conditions or force majeure.
9.9 BONS BAGOS accepts exchanges for any products purchased that are contaminated or damaged. We require the bottle and cork to be returned to us before we can exchange. Returns are subject to a shipping fee, which is the responsibility of the person sending back the wines. In all cases, defective products are subject to our assessment, or if necessary, to the assessment of the producers and without any guarantee of being accepted as defective. If you open a bottle and discover that it is defective, you must save the cork and copy the batch number. The batch number is usually present on the back label of the bottle. The next step is to communicate this to our customer service team by email at geral@bonsbagos.com . We may require you to send us the cork back. According to the batch number provided or the cork received, we will inform you of our decision and if the claim is accepted, we will issue a voucher for the bottle or replace it with another bottle of the same wine depending on your decision.
If the package is damaged, incorrectly delivered or you have received an incorrect product, we will resolve the issue directly with you by returning the lost/damaged bottles or by having our shipping partners collect the bottles from your address.
9.10 We will cover all costs related to damaged or incorrectly delivered products. Our customer service team will arrange collection of the package with you.
9.11 We do not accept any claims for breakages or missing products unless they are recorded in the carrier's documentation.
9.12 If there is any breakage in your order, we will either refund the cost of the damaged bottles to your credit card, bank account or send you replacement bottles. We will always return any product that you receive damaged. Breakage claims will only be accepted if we are notified within 24 hours of delivery and the damaged products and their packaging are retained in case inspection is required.
9.13 Defective products may be exchanged for products of equal or greater value, subject to an additional payment to cover the difference in cost. Refunds are issued in the same form as the original payment or as a voucher, subject to customer approval and up to 14 days after the return.
10. Protection of personal data
10.1 BONS BAGOS complies with current legislation regarding the protection of personal data, in accordance with the provisions of the Privacy and Personal Data Protection Policy.
10.2 The user or client hereby consents to the collection and computer processing of their personal data collected through the BONS BAGOS website Registration, namely the email address and username associated with the authentication system, in strict compliance with Law No. 67/98, of October 26 (“Personal Data Protection Law”).
10.3 When registering, the user undertakes, in accordance with these Terms and Conditions of Use, to provide true, accurate, current and complete information about himself/herself, and his/her identification data must be reliable and current.
10.4 The user is guaranteed the right to access and rectify their data at any time and without additional costs.
10.5 The customer has the right to delete his/her account at any time. To do so, he/she must do so in the personal area or send an email to geral@bonsbagos.com .
10.6 BONS BAGOS will take all reasonable precautions to keep your order and payment details secure, but unless BONS BAGOS is negligent, it will not be liable for unauthorised access to information provided by you.
10.7 BONS BAGOS will use the information provided about you to correctly fulfill your order, to inform you about products and offers that may be of interest to you through its newsletter. If you do not wish to be informed of these offers by email (newsletter), please send an email to geral@bonsbagos.com indicating in the email the request to cancel the registration for our newsletter. You can correct or delete any information about yourself by logging into your customer account in the "My Account" area or by contacting us by email geral@bonsbagos.com .
10.8 BONS BAGOS may use user data (email, telephone number) to carry out digital advertising campaigns on platforms that allow the upload of this data with the aim of impacting customers on these same platforms and generating lookalike audiences, such as Meta (Facebook and Instagram), Google, among others.
10.9 If there is improper access by third parties, we will alert the customer and the responsible authority within a maximum period of 72 hours.
11. 5% discount on newsletter subscription
11.1 Newsletter users can benefit from a 5% discount on purchases over €100. Discount cannot be combined with other current promotions, cannot be reused and is only valid for registered users.
12. Links
12.1 BONS BAGOS is not responsible for the legality, reliability or quality of any content made available on a web page to which a link available on its website refers.
12.2 The provision of links on the website does not, in any way, result in the existence of any relationship between BONS BAGOS and the owner or manager of the web page to which the link refers, nor does it imply the consent by BONS BAGOS to any materials, content or software made available there.
13. Cookies
13.1 BONS BAGOS may use cookies to facilitate navigation on the website and understand user preferences.
13.2 However, the use of cookies is communicated to the user in advance, and they are given the option of not accepting their use.
14. Applicable law
14.1 All purchases made in the BONS BAGOS online store are subject to Portuguese law. Any conflict or divergence in the interpretation of the General Online Sales Conditions will be submitted to the competent Portuguese Court.
14.2 If the customer is outside mainland Portugal, BONS BAGOS hereby informs that any legal proceedings must be exclusively instituted in the Portuguese Courts.
15. Alternative Dispute Resolution
15.1 Under the terms and for the purposes of the provisions of art. 18 of Law no. 144/2015, of September 8, it is hereby informed that the available Alternative Dispute Resolution entity is the Lisbon Consumer Conflict Arbitration Center, with the following contacts:
Lisbon Consumer Conflict Arbitration Center
Douradores Street, 116, 2nd floor
1100-207 Lisbon
www.centroarbitragemlisboa.pt
You can also use:
CNIACC - National Center for Information and Arbitration of Consumer Conflicts
Faculty of Law of the New University of Lisbon - Campolide Campus
www.arbitragemdeconsumo.org
In the event of an online consumer dispute, you may also use an online dispute resolution (RLL) system, the ODR Platform (“online dispute resolution”), which is competent to resolve disputes relating to contracts concluded remotely.
Access the Platform here .
More information on the Consumer Portal ( www.consumidor.pt ).
16. Complaints and queries
If you are not satisfied with any aspect of our service, or if you have any questions or comments, please email us at geral@bonsbagos.com .
These general online sales conditions may be changed without prior notice and should therefore be consulted before placing any order.