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Terms & conditions

These terms and conditions (the "Terms") govern the use of this website (the "Website"). Please read these terms carefully. Do not use (or continue to use) the Website if you do not agree to the Terms. If you have any queries or comments in relation to the Terms or the use of this Website, you can either write to us at Bjelkaroy & Barbosa, Lda., Caminho do Palheiro 172-B, Funchal, 9060-024, Portugal, email us at info@madeira-shopping.com or call us on +351 291 222 667.

 

Please note that internet sales are not available if you are resident in some countries including countries where the sale of alcohol is prohibited. You are responsible for complying with the laws of the country in which you are located. If you are unsure about the law in the country where you are located then please leave this site and check the legal position before continuing.

 

    * 1. USE OF THE MADEIRA-SHOPPING.COM WEBSITE

 

      1.1 This Website is provided by Bjelkaroy & Barbosa – Importação e Exportação Limitada. ("Bjelkaroy & Barbosa") for your personal use subject to these Terms. By using the Website you agree to be bound by these Terms.

      1.2 All orders and purchases made via the Website will be governed by these Terms and by our Terms and Conditions of Sale. Please click here to see these.

      1.3 This Website and the information on this Website may be changed or updated without notice.

      1.4 Bjelkaroy & Barbosa may revise these Terms and any other legal notice on the Website (including the privacy policy). All changes will be effective when posted on the Website. You should check this Website from time to time to review these Terms and other legal notices, because they are binding on you.

 

    * 2. REGISTRATION

 

      2.1 To register with Bjelkaroy & Barbosa via this Website you must be of legal drinking age in the country where you are located. You are responsible for ensuring that the details provided by you on registration are correct and complete and for informing us of any changes to the information provided.

      2.2 When you register to use the Website you will choose your own password. Please make sure your password is not easy to decipher.  You will be responsible for all activities and orders that occur or are submitted under your password. If you forget your password, you can request for it to be sent to your email address. You must keep your password confidential. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at info@madeira-shopping.com. If Bjelkaroy & Barbosa has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account in accordance with paragraph 7.3 below.

      2.3 Personal information which you submit will be held and processed by Bjelkaroy & Barbosa in accordance with our privacy policy. Please click here to see this.

 

    * 3. PRICING

 

      3.1 The prices shown are only applicable to purchases made via the Bjelkaroy & Barbosa (Madeira-shopping.com) website. Prices in our printed material may be higher or lower than shown.

      3.2 Every effort is made to ensure that all prices are correct at time of display online and include VAT, where appropriate, or, if appropriate, VAT will be added at checkout. In the unlikely event of an administrative error resulting in an incorrect price being displayed on the Website, we reserve the right to correct the price. Where we discover an error in the price of any wine that you have ordered, we will not be obliged to proceed with your order and we will usually endeavour to inform you of the error and the correct price as soon as possible. In these circumstances, you will not be bound to continue with your purchase and we will usually endeavour to ask you to email us to confirm that you wish to proceed at the corrected price within a stated time. In the event that you reply that you do not wish to proceed at the corrected price, do not reply within the stated time, or if we are unable to contact you, then we will cancel the order and refund the amount paid. In no circumstances will we be obliged to proceed with your purchase of wine at an incorrect price, even if we have accepted your order for wines displayed at the incorrect price and/or failed to inform you of the error.

 

    * 4. AMENDED ORDERS

 

      4.1 Once you have placed your order with us, Bjelkaroy & Barbosa will acknowledge the receipt of your order by sending an email to you to the address that you supplied when registering with our Website. Once your order has been processed and accepted, Bjelkaroy & Barbosa will confirm the acceptance of your order by sending an email to you using the address you supplied when registering with our Website. This brings into existence a legally binding agreement between us, subject to paragraph 3 above concerning incorrect prices. If you need to amend your order after you have received your order acknowledgement, please contact us either by emailing at info@madeira-shopping.com or call us on 351(Portugal) + 291 222 667 (Mon-Fri, 9am-5pm GMT+1).

 

    * 5. DELIVERY

 

      5.1 Special "delivery instructions" placed on the Website can only be accepted by Bjelkaroy & Barbosa where delivery of wines is to be made to an address within Portugal. All other orders will be delivered to the address filled in as the delivery address on the checkout form.

      5.2 Deliveries are made to our local Post Office for dispatch between Monday to Friday. Delivery within the European Union is normally made within 14 working days after acceptance by Bjelkaroy & Barbosa of the Customer's order. Deliveries outside the European Union can take up to a month and is the responsibility of the local Post Office systems in both the local and foreign destinations.

      5.3 Delivery of broking stock will not take place until Bjelkaroy & Barbosa has taken possession of the relevant stock and you will be notified with a delivery date as soon as stock is available.

 

    * 6. DELIVERY: NON-MAINLAND PORTUGAL  AND INTERNATIONAL

 

      6.1 Further to clause 5.1 above, Bjelkaroy & Barbosa will submit you a quote for the cost of delivery of an order for delivery to an address outside Portugal on the checkout process of the website. When orders include items that cannot be packed together in the same parcel you agree that extra shipment details and charges for which an additional invoice may have be raised can be placed by Bjelkaroy & Barbosa.

      6.2 It is incumbent on the purchaser to assume the responsibility for receiving and purchasing any of the products sold by Bjelkaroy & Barbosa, Lda and via the web site to be lawfully permitted in their home country or home state. That includes, any or all, excise or customs duties applicable on the items purchased. Refusal by the receptor of items purchased through our site or off-line via Bjelkaroy & Barbosa, lda. to pay any customs or excise duties due on the items they are meant to receive has no bearing on any form of responsibility by Bjelkaroy & Barbosa, Lda. Note, Bjelkaroy & Barbosa, Lda. cannot refund items purchased that are not delivered due to customs and excise restrictions or prohibitions in the home country or home state on the purchaser. (For example, in Canada, the customs immediately impound any alcoholic substances and do not even return the items to the sender!).

 

    * 7. WEBSITE AVAILABILITY

 

      7.1 While Bjelkaroy & Barbosa endeavours to ensure that this Website is normally available 24 hours a day, Bjelkaroy & Barbosa shall not be liable if for any reason this Website is unavailable at any time or for any period.

      7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Bjelkaroy & Barbosa's control.

      7.3 Your access to the Website, your ability to participate in all or certain parts of the Website and/or your registration may be terminated by Bjelkaroy & Barbosa at any time without notice and without any liability. Any limitations on Bjelkaroy & Barbosa's liability will survive such termination.

 

    * 8. USE OF THE WEBSITE

 

      8.1 You agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Bjelkaroy & Barbosa against any loss, liability, damage or expense of whatever nature which Bjelkaroy & Barbosa or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.

 

    * 9. THIRD PARTY MATERIALS

 

      9.1 Bjelkaroy & Barbosa is not responsible for the contents of any website operated by a third party which may be accessed via this Website and Bjelkaroy & Barbosa does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Website are provided for your convenience only and do not imply that Bjelkaroy & Barbosa approves or recommends the content of such websites.

 

    * 10. INTELLECTUAL PROPERTY

 

      10.1 The Bjelkaroy & Barbosa and Madeira-Shopping.com name, logo, corporate symbols and trade marks are the sole property of Bjelkaroy & Barbosa Limited and no permission is given in respect of their use. The Website and its contents are protected by UK and international copyright laws and other intellectual property rights. Unless otherwise indicated, Bjelkaroy & Barbosa - Limitada is the owner of the copyright and all other intellectual property rights in the Website and its contents. Save as set out below, no part of the Website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Bjelkaroy & Barbosa - Limitada.

      10.2 You may retrieve and display the content of the Website on a computer screen, or print one copy of such content (including the Terms and Conditions of Sale and any order confirmation) for your own personal use, provided you keep intact all and any copyright and proprietary notices.

 

    * 11. LIABILITY

 

      11.1 The Website is provided without any warranties or guarantees. To the extent permissible by any applicable law, Bjelkaroy & Barbosa, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Website, or reliance on the Website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Website (whether negligent or not), except that nothing affects any liability of Bjelkaroy & Barbosa, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.

      11.2 Whilst Bjelkaroy & Barbosa makes reasonable attempts to exclude viruses or other destructive computer codes from the Website, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Website or downloading from the Website.

      11.3 Nothing in this Section 11 applies to Bjelkaroy & Barbosa's liability for goods purchased through the Website, which is governed by our Terms and Conditions of Sale.

 

    * 12. GOVERNING LAW

 

      12.1 The Terms and your use of this Website shall be governed by Portuguese law. By using the Website and accepting the Terms you submit to the exclusive jurisdiction of the courts of Portugal, and in particular the jurisdiction of the district court of Funchal, Madeira, save that Bjelkaroy & Barbosa may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Bjelkaroy & Barbosa.

 

    * 13. GENERAL

 

      13.1 If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.

      13.2 Bjelkaroy & Barbosa's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Bjelkaroy & Barbosa in writing.

      13.3 The section titles in the Terms are for convenience only, and have no legal or contractual effect.

      13.4 The parties do not intend the Terms (or any part of them) to be enforceable by any person who is not a party to these terms pursuant to contract law in Portugal. The Madeira-Shopping.com Website is operated by Bjelkaroy & Barbosa - Importação e Exportação, Limitada, a company registered in Portugal with the VAT registration number of 511 093 896 whose registered office is at Caminho do Palheiro 172-B, Funchal, 9060-024, Portugal.