Terms and Conditions
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Scope and Object of the General Terms of the Store
These General Terms are intended, along with the order form and the other elements referred to therein, to regulate the terms and conditions under which the Online Store Service will be provided by BABETTE RESTAURANTE, UNIPESSOAL LDA, with the unique registration number and legal entity identification number 513365001, with a share capital of €5000, hereinafter referred to as "Babettewines". The Service consists of providing access to the Online Store through the website babettewines.com, which, in addition to providing information about a range of products and/or services, allows the User to order the products displayed therein electronically, under the terms and conditions described here. Product orders must be made by Users aged 18 (eighteen) or older (individuals under this age must have the authorization of their representatives). The elements and information transmitted by the User will have full legal effects, with the User recognizing electronic purchases and not being able to claim the lack of a signature to default on the obligations assumed. -
Product Information and Content
Babettewines will make every effort to ensure that the information presented contains no typographical errors, and these will be corrected as soon as they occur. If you purchase a product with characteristics different from those presented online, you have the right to cancel the purchase contract under the applicable legal terms (right of free cancellation - see item 9). Babettewines will make every effort to send all the products ordered, but it is possible that, in certain cases and due to causes beyond its control, such as human error or system issues, some of the products requested by the User may not be available. If any product is unavailable after the order has been placed, you will be notified by email or phone. At that time, you will be given the option to cancel the order with a refund, if payment has already been made. All information regarding prices, products, specifications, promotional actions, and services may be changed at any time by Babettewines. -
Responsibilities
3.1 All products and services marketed in the Babettewines Online Store comply with Portuguese law.
3.2 The Store has adequate security levels, however, Babettewines will not be responsible for any losses suffered by the User and/or third parties, resulting from delays, interruptions, errors, and communication suspensions caused by factors beyond its control, including any deficiencies or failures caused by the communication network or third-party communication services, the computer system, modems, connection software, or possible viruses or from downloading infected files containing viruses or other properties that may affect the User's equipment. If for any reason there is an access error to the Babettewines Online Store website, making the service unavailable, Babettewines will not be liable for any damages.
3.3 Data and information queries made within this Service are assumed to be made by the User, with Babettewines disclaiming any responsibility for abusive or fraudulent use of the information obtained.
3.4 Babettewines will not be liable for any losses or damages resulting from abusive uses of the Service not directly attributable to it by fraud or gross negligence.
3.5 Babettewines is not responsible for damages or losses resulting from non-performance or defective performance of the Service when this is not directly or indirectly attributable to it by fraud or gross negligence, specifically not being liable for (i) errors, omissions, or other inaccuracies regarding the information provided through the Service; (ii) damages caused by the User or third parties, including intellectual property violations; (iii) non-performance or defective performance resulting from compliance with court or administrative authority decisions; or (iv) non-performance or defective performance resulting from force majeure situations, i.e., extraordinary or unforeseeable situations outside Babettewines' control, such as fires, power cuts, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods, or other natural catastrophes or other uncontrollable situations.
3.6 Babettewines does not guarantee that:
i) the Service will be provided uninterrupted, securely, without errors, or function indefinitely;
ii) the quality of any product, service, information, or other material purchased or obtained through the Service meets the User's expectations;
iii) any material obtained in any way through the use of the Service will be used at the User's own risk, and the User is solely responsible for any damage caused to their system and computer equipment or any data loss resulting from this operation;
iv) no advice or information, whether oral or written, obtained by the User from or through the Service, will create any guarantee not explicitly stated in these General Terms.
3.7 The User agrees that Babettewines cannot be held responsible for any damages, including, but not limited to, losses of profits, data, content, or any other losses (even if the User has been previously warned about the possibility of such damages), resulting from:
i) the use or inability to use the Service;
ii) difficulty in obtaining a substitute for goods/services;
iii) unauthorized access to or modification of personal databases. -
Obligations of the Consumer
4.1 The User commits to:
i) Provide correct personal and address details;
ii) Not use false identities;
iii) Respect the order limits imposed.
4.2 If any of the data is incorrect or insufficient, resulting in delays or impossibility in processing the order, or potential non-delivery, the responsibility lies with the User, and Babettewines disclaims any responsibility. If the consumer violates any of these obligations, Babettewines reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Babettewines to the same User, and not allow the User future access to any services provided by Babettewines.
4.3 The use of purchased products and services for commercial purposes, including for resale, is expressly prohibited. -
Privacy and Protection of Personal Data
5.1 Babettewines guarantees the confidentiality of all data provided by Users.
5.2 The personal data identified in the order form as mandatory is necessary for the provision of the Service by Babettewines. Failure to provide accurate or sufficient data is the sole responsibility of the User and may result in the refusal to provide the Service by Babettewines.
5.3 The User's personal data will be processed and stored electronically and will be used by Babettewines within the scope of the contractual and/or commercial relationship with the User, and, with the User's consent, for marketing purposes as defined on a case-by-case basis and in accordance with the company's specific goals.
5.4 Under applicable law, the User is guaranteed, at no additional charge, the right to access, correct, and update their personal data, directly or by written request, as well as the right to object to the use of such data for the purposes set out above. To do so, the User must contact the entity responsible for personal data processing: Babettewines.
5.5 The Internet is an open network, so the User's personal data, other personal information, and all content hosted on the Service may circulate on the network without security conditions, and may be accessible and used by unauthorized third parties. Babettewines is not responsible for this access and/or use. -
Returns (Right of Cancellation)
7.1 If the User is a consumer, they may exercise the right of cancellation without being required to provide compensation, within 14 (fourteen) days from the day the consumer takes physical possession of the goods. To exercise this right, the User may use the form indicated below, providing all their identification details, the service they wish to cancel, and the subscription date. The communication must be made by letter, returning the purchased goods, or by another appropriate means that can be proven within the defined period. The consumer must return the goods to Babettewines within 14 (fourteen) days from the date of cancellation notification, in the proper condition for use.
Form for free cancellation (only to be completed and returned if you want to cancel the contract) - To [insert name, address, and possibly fax number and email address of the professional]: - I hereby inform/inform () that I cancel/cancel () my/our () purchase and sale contract for the following goods/for the provision of the following service () — Ordered on ()/received on () — Name(s) of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if this form is notified on paper). (*) Strike out what does not apply. The packaging must be returned complete, as delivered, and accompanied by all received documentation, including the sales invoice and proof of receipt. The packaging and the indicated documents should be sent free of charge to the following address: Babettewines, Largo Dr. Martins Lima 30r/c 4750-318 Barcelos. If the User opts for other return methods, the shipping costs will be their responsibility.
7.2 All products sent by Babettewines must be checked at the time of delivery. If any imperfection or damage is detected, the customer must return the product to the transport company, properly justifying the reason for the return on the shipping document and immediately notify Babettewines.
7.3 Babettewines will not accept returns of products after they have been used or if they have been altered or modified.
7.4 If any component of the sold item is missing or not in excellent condition, there will be no reimbursement of the price or shipping costs, and the product will be sent back to the original shipping address.Intellectual Property -
8.1 The Store is
a domain owned by Babettewines, and all content, texts, images, trademarks, logos, software, and other elements made available through the Service are the exclusive property of Babettewines or its licensors, being protected by national and international legislation regarding intellectual property.
8.2 Any reproduction, modification, publication, transmission, or distribution of these contents is prohibited, except as permitted by Babettewines or as required by law.