1-Object:

1.1-These General Terms and Conditions, updated to March 2023, are intended to regulate the terms and conditions of use of this website which is owned by Bagas Caprichosas Lda, registered with the Commercial Registry Office of Lisbon under the number with the single registration and corporate identification number 517132060 with a share capital of 1000€ (one thousand euros) and with its registered office at Rua Engenheiro Caldeira Rodrigues, N10 3ºDt, as well as the purchase of all products made through this online shop.

1.2-By accepting these Terms and Conditions of Use or placing an order, the User assumes to have read and accepted them.

Bagas Caprichosas reserves the right to amend these Terms and Conditions of Use without prior notice.

1.3-Any and all alcoholic beverages available for sale in the Bagas Caprichosas Online Shop may only be purchased by persons of legal age in their country of residence. If the User lies about their age, Bagas Caprichosas has no responsibility for this, not least because it is a distance sale.

2-Use:

2.1-Access to the website is limited to people over 18, and Bagas Caprichosas is not responsible for access by minors who lie when verifying their age.

2.2-Bagas Caprichosas may limit access to certain areas of its website to authenticated users or Premium subscribers. Authentication consists of identifying the User by entering a user ID and password which are mandatory fields to be filled in when registering any visitor as a user.

2.3-Registration implies acceptance of these general terms and conditions of use. When registering, the user will be asked to create a password. This password is personal and non-transferable, and Bagas Caprichosas cannot be held liable if the user inadvertently decides to share it with third parties and is harmed as a result. At the end of using the website, the User must log off and thus guarantee the protection of their account.

2.4 The User recognises and accepts that access to and use of the website and the Content included therein takes place freely and knowingly, under their sole responsibility. Under no circumstances will Bagas Caprichosas be held responsible for the use that Users and/or third parties may make of the website or the Content presented on it, nor for any damage or harm that may arise as a result.

2.5 The User undertakes to make appropriate and lawful use of the website and the Content, in accordance with the applicable legislation, these General Conditions of Use, morality and good customs and public order. The User must refrain from making unauthorised, illegal or fraudulent use of the website and the Contents contained therein.

3-Product Information:

3.1 All products on sale, with stock availability, on the website www.worldtopwines.com, mean that Bagas Caprichosas has them in stock in its warehouse. However, as the order will only be processed once payment has been confirmed, it may happen that more than one person places an order within a period of time, causing a stock shortage.

3.2 Notwithstanding what is mentioned in point 3.1, products may be offered for sale on the website in pre-order before they are in actual stock. This is the case, for example, with Primeur wines (which are bought while the wine is still in barrel). In this case, this information will always be made visible, and when availability is estimated.

3.3 Bagas Caprichosas reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

3.4 The images illustrating each product on this website may differ from the product subsequently delivered, and these products are also subject to stock shortages.

3.5 The tasting notes presented on each wine are the sole responsibility of the critic who carried them out, and under no circumstances can Bagas Caprichosas be held responsible for any tasting note not coinciding with the customer's tasting of that same wine.

3.6 Although we endeavour to ensure that the prices shown are as correct as possible, some products in the online shop may be inaccurately priced, which is why all prices are checked before orders are processed. Therefore, the prices shown on www.worldtopwines.com are merely indicative and do not constitute a contractual offer. If the actual price of the product is lower than the advertised price, we will refund the difference. If the price is higher, Bagas Caprichosas will inform the customer of this situation by e-mail and await their decision to accept the new price or cancel the order within 15 days of the date on which the e-mail was sent.

3.7 Under Portuguese law, all prices shown include the respective VAT rates in force, unless otherwise stated (wines in Primeur for example).

4-Delivery and payment methods:

4.1 At this point we recommend reading the Services and Deliveries section, where the delivery conditions are defined.

4.2 In addition to point 4.1, it is important to note that despite the efforts of Bagas Caprichosas Lda in collaboration with the carrier it works with to deliver on or before the set deadline, delays can occur due to various factors. If any delay occurs in the delivery of the order, at no time can Bagas Caprichosas Lda be held liable or grant the customer any right to compensation.

4.3 Bagas Caprichosas will always notify the customer as soon as it has information of something that will result in a delay for the customer, and the customer may cancel the order and receive a refund of the amount paid.

4.4 The order will be deemed to have been delivered when the Customer or any third party indicated by the Customer, or someone at the Delivery Address defined by the Customer, takes physical possession of the order.

4.5 All orders on www.worldtopwines.com will only be processed once payment has been received. The formalisation of the order in itself does not constitute a reservation of the products.

4.6 If, for a reason attributable to the customer, it is not possible to make the delivery, Bagas Caprichosas reserves the right to charge the full cost of the second delivery to the customer (it should be noted that within the single fee policy, the amount charged to the customer is only partial and is always the smallest part).

4.7 Bagas Caprichosas declines all responsibility in the event of a breach of the legislation of the country where the order is delivered (in particular, with regard to the prohibition on importing alcoholic beverages), and the User is solely responsible for checking with the local authorities the conditions for importing the product they wish to order.

4.8 For orders outside the European Union, any customs fees are the responsibility of the customer, and in the event of non-delivery of the order or non-payment of this fee, Bagas Caprichosas declines any responsibility for it and therefore reserves the right to charge these costs, or others arising from them, to the customer.

4.9 Through the Online Shop www.worldtopwines.com payments are accepted by Multibanco Reference (only for customers with a bank account in Portugal), Bank Transfer, MB WAY and Paypal. Credit card payments will soon be possible (although not yet).

5-Right of Free Cancellation:

5.1 Bagas Caprichosas acts in accordance with the law and in this sense allows orders to be returned in accordance with Decree-Law no. 24/2014, which you can consult in more detail here https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=2062&tabela=leis

Bagas Caprichosas therefore recognises the right of all its customers to terminate their contracts with it, allowing them to return the products purchased within 14 (fourteen) days.

5.2 In order to exercise your right of withdrawal, you must notify Bagas Caprichosas of your decision to withdraw from this contract by means of an unequivocal statement by email to geral@bagascaprichosas.com indicating the order number or the number of the document that accompanied the order and provided that this communication is made before the expiry of the withdrawal period (14 days).

5.3 In the event of cancellation of this contract, you will be refunded all payments made, including delivery costs (with the exception of additional costs resulting from your choice of a shipping method other than the least expensive standard shipping method offered by us), without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to cancel this contract. We will make these refunds using the same means of payment that you used for the initial transaction, unless you expressly agree otherwise; in any event, you will not incur any costs as a result of such a refund

5.4 - It is the consumer's responsibility to bear the cost of returning the goods, unless duly agreed with Bagas Caprichosas.
5.5 - Bagas Caprichosas reserves the right to withhold reimbursement until it has received the returned parcel and has checked it to verify the quality and conformity of the returned product.

6-Exception to the Right of Free Cancellation

6.1-With regard to the supply of alcoholic beverages whose price has been agreed upon at the time of conclusion of the purchase contract, whose delivery can only be made after a period of 30 days, and whose actual value depends on market fluctuations that cannot be controlled by Bagas Caprichosas, Bagas Caprichosas reserves the right of exception to the right of free resolution as described in article 17 of Decree Law no. 24/2014, of 14 February.

6.2-This is typically the case (but not exclusively) with wines in Primeur (wines bought while still in cask), bulk purchases of large orders from international merchants, purchases on request of rare wines where the purchase is made only for the Customer concerned, or the purchase of "Toneis" of various alcoholic beverages such as Wiskey.

6.3 - In accordance with Article 14 of Decree-Law no. 24/2014 and despite the fact that exercising the right of withdrawal is without prejudice to the consumer's right to inspect, with due care, the nature, characteristics and functioning of the goods, the consumer may be held liable for the depreciation of the goods if the handling carried out to inspect the nature, characteristics and functioning of the goods exceeds the handling usually permitted in a commercial establishment. Returns will therefore not be accepted if the bottles have been opened, if they do not have the original boxes, if the labels have been damaged, or any other defect resulting from the Customer's mishandling of the goods. The products to be returned must be the ones sent and not any other exchanged product, even if it is the same reference.

7- Protection of personal data

7.1 Bagas Caprichosas complies with current legislation on the protection of personal data, in accordance with the provisions of the Privacy and Personal Data Protection Policy (see this section on the Website).

7.2 The User or Client hereby consents to the collection and computer processing of their personal data collected by registering on the website, namely the email address and username associated with the authentication system, in strict compliance with Law no. 67/98, of 26 October ("Personal Data Protection Law").

7.3 By registering, the User undertakes, in accordance with these Terms and Conditions of Use, to provide true, accurate, current and complete information about themselves, and their identification data must be reliable and current.

7.4 Users are guaranteed the right to access and rectify their data at any time and at no additional cost.

8. Third party websites

8.1. Bagas Caprichosas is not responsible for the legality, reliability or quality of any content made available on a web page to which it links on its website.

8.2 The availability of links on the website does not in any way imply the existence of any relationship between Bagas Caprichosas and the owner or manager of the web page to which the link refers, nor does it imply consent by Bagas Caprichosas to any material, content or software made available there.

9. Applicable law and jurisdiction in the event of a dispute

9.1 All purchases made on the Bagas Caprichosas website are subject to Portuguese law. Any conflict or divergence of interpretation of the General Terms and Conditions of Sale Online, the parties agree that it will be submitted to the competent Portuguese court of the district of Lisbon, expressly waiving any other.

9.2 If the Customer is outside mainland Portugal, Bagas Caprichosas hereby informs the Customer that any legal proceedings must be instituted exclusively in the Portuguese Courts.

9.3 Under the terms and for the purposes of Article 18 of Law no. 144/2015, of 8 September, we hereby inform you that the dispute resolution body available is the Centro de Arbitragem de Conflitos de Consumo de Lisboa, with the following contact details:
Telephone: +351 218807030 (from 10.30 a.m. to 12.30 p.m.). E-mail: juridico@centroarbitragemlisboa.pt