1. Purpose of the General Conditions

These General Conditions are intended, with the order form, and the other elements referred here, to regulate the terms and conditions governing the provision of the LMH-Wines.pt or LMH-Wines.com Online Store, managed by LMH-Wines, Lda, headquartered at Rua do Olival, 60 2400-823 Azóia-Leiria Portugal.

LMH-Wines.pt or LMH-Wines.com wines and spirits at www.lmh-wines.pt or www.lmh-wines.com. Access to the Online Store, in addition to providing information regarding a set of products, allows the user to order the products disclosed there, under the terms and conditions described here.

Products must be ordered and purchased by Users of legal age in their country of residence. The elements and information transmitted by the User will enjoy full legal effects, acknowledging the User electronic purchases, and can not claim the lack of signature for breach of obligations assumed.

2. Products Information and the Content

LMH-Wines.pt or LMH-Wines.com will do its best to ensure that the information presented does not contain typographical errors and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to terminate the purchase agreement under applicable legal terms.

LMH-Wines.pt or LMH-Wines.com will endeavor to ship all ordered products, but it is possible that in certain cases and due to causes that are difficult for LMH-Wines.pt or LMH-Wines.com to control, such as human errors or incidences in computer systems, that we can't send those products ordered by the user. If any product is not available after you have placed your order, you will be notified by email or telephone. At this time you will be presented with the possibility to cancel the order with your refund if you have already made the payment.

All pricing, product, specification, promotional action, and trade conditions and service information may be changed at any time by LMH-Wines.pt or LMH-Wines.com without notice.

3. Responsibilities

3.1 All products and services sold on the LMH-Wines.pt or LMH-Wines.com Online Store are in accordance with Portuguese Law.

3.2 The Store has adequate levels of security, however, LMH-Wines.pt or LMH-Wines.com will not be responsible for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications that originate from outside factors. control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, routers/modems, connecting software or any computer viruses or download viruses infected file service or containing viruses or other properties that may affect your equipment. If for any reason of error in accessing the LMH-Wines.pt or LMH-Wines.comOnline Store website it is impossible to provide services, LMH-Wines.pt or LMH-Wines.com will not be liable for any damages.

3.3 Data and information queries made under this Service are deemed to be made by the User, declining LMH-Wines.pt or LMH-Wines.com from any liability arising from the misuse or fraudulent use of the information obtained.

3.4 LMH-Wines.pt or LMH-Wines.com will not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as willful misconduct.

3.5 LMH-Wines.pt or LMH-Wines.com is not liable for damages or damages arising from the breach or defective performance of the Service when this is not directly or indirectly attributable to you as willful misconduct or guilt, not being liable in particular for:

(i) errors, omissions or other inaccuracies regarding the information made available through the Service;

(ii) damages caused by the fault of the User or third parties, including infringements of intellectual property,

(iii) for non-compliance or defective compliance resulting from compliance with court decisions or administrative or

(iv) for non-compliance or defective compliance resulting from force majeure, ie situations of an extraordinary or unpredictable nature, outside Lmh-wines.com that cannot be controlled by it, such as fire, power cuts energy, explosions, wars, riots, civil uprisings, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controlled LMH-Wines.pt or LMH-Wines.com that prevent or hinder the fulfillment of the obligations assumed.

3.6. LMH-Wines.pt or LMH-Wines.com does not ensure that:

(i) the Service is provided uninterrupted, secure, error-free or infinitely functioning;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectation of the User regarding it;

iii) any material obtained in any way by using the Service is used at your own risk and you are solely responsible for any damage caused.

iv) no advice or information, whether oral or written, obtained by you from or through the Service will create any warranty that is not expressed in these General Conditions.

3.7. You agree that LMH-Wines.pt or LMH-Wines.com can in no way be liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by User about the possibility of such damage) resulting from:

i) use or inability to use the Service;
ii) the difficulty of obtaining any substitute for goods/services;

iii) unauthorized access or modification to personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

(i) provide personal data and correct addresses;
ii) Do not use false identities;

iii) Respect existing order limits.

If any of the data is incorrect or insufficient, and therefore there is a delay or impossibility in processing the order or eventual non-delivery, the responsibility is the User and LMH-Wines.pt or LMH-Wines.com declines any responsibility. Should the consumer breach any of these obligations, LMH-Wines.pt or LMH-Wines.com reserves the right to eliminate future purchases, block access to the store, cancel any other services provided by LMH-Wines.pt or LMH-Wines.com at the same time. User; and also not allow future access of the User to any or any services provided by LMH-Wines.pt or LMH-Wines.com.

5. Privacy and Personal Data Protection

5.1. LMH-Wines.pt or LMH-Wines.com guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified on the order form as being required to be provided are indispensable for the provision of the Service by LMH-Wines.pt or LMH-Wines.com. The omission or inaccuracy of the data provided by the User is his sole responsibility and may give rise to the refusal to provide the Service by LMH-Wines.pt or LMH-Wines.com.

5.3. Your data will be processed and stored by a computer and are intended for use by LMH-Wines.pt or LMH-Wines.com in connection with your contractual and/or business relationship.

5.4. According to applicable law, the User is guaranteed, at no additional charge, the right to access, rectify and update his/her data, directly or upon written request, as well as the right to object to their use for the purposes outlined in previous paragraph, and for this purpose contact the entity responsible for the processing of personal data: LMH-Wines, Lda.

5.5. The Internet is an open network, whereby your data, other personal information and all content hosted on the Service may circulate on the network without security, including the risk of being accessible and used by unauthorized third parties. LMH-Wines.pt or LMH-Wines.com cannot be held responsible for such access and/or use.

6. Order Cancellation

6.1 At Your Request

You may cancel your order by requesting it from LMH-Wines.pt or LMH-Wines.com by phone or email with your order number, which will be accepted as long as it has not yet been processed. For cancellation the User must provide the following data to LMH-Wines.pt or LMH-Wines.com:

Order number;
Full name;
Full Address

6.2 By decision of LMH-Wines.pt or LMH-Wines.com

LMH-Wines.pt or LMH-Wines.com reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct by the buyer. LMH-Wines.pt or LMH-Wines.com reserves the right not to process any order or refund in the event of errors in the values ​​and/or characteristics of the products, whether due to technical problems, human error or errors beyond its control.

7. Return of Orders

7.1. The User has to check his order upon receipt. If you notice that something is broken or not conforming, you should return the order immediately, just as you received it. After this stage, we no longer accept returns due to the nature of the products sold.

7.2. Upon receipt of the return on LMH-Wines.pt or LMH-Wines.com will be returned to the User the amount corresponding to the amount paid for the order (sales invoice amount). If you have used a coupon code, this amount will not be refunded, it means, the refund will only be for the amount paid.

7.3. The method of refunding the amount to be refunded depends on the payment method used for your order. Credit card and PayPal payments will be credited to their respective accounts. In addition to these possibilities, we can also refund the amount by bank transfer, upon the indication of the same by the user. The reimbursement is made within 14 days after receiving the wish for free resolution and receiving the return of the good.

8. Intellectual property

8.1. The Store is a registered site and the Service provided by the site itself is the responsibility of LMH-Wines, Lda.

8.2. You recognize that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable law.

8.3. You recognize that any content contained in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, and any use of such content may only occur under the express permission of the respective owners.

8.4. The User undertakes to fully respect the rights referred to in the previous paragraph, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, sales, transmission or any other unauthorized acts which have as their object the same content.

9. Service Security Conditions

9.1. The User undertakes to comply with all applicable legal provisions, namely, not to practice or encourage the practice of illicit or offensive acts of good morals, such as the indiscriminate sending of spamming in violation of the provisions of the law applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, otherwise, LMH-Wines.pt or LMH-Wines.com suspends or disables the Service following point 12.

9.2. You expressly acknowledge and agree that the IP Network is a public electronic communications network that may be used by multiple users and, as such, subject to computer overload, so LMH-Wines.pt or LMH-Wines.com does not warrant the provision of the Service without interruption, loss of information or delays.

9.3. LMH-Wines.pt or LMH-Wines.com also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of extraordinary or unpredictable nature, outside of LMH-Wines.pt or LMH-Wines.com and which does not can be controlled).

9.4. In the event of interruption of the provision of the Service for reasons of unforeseen overload of the systems on which it is supported, LMH-Wines.pt or LMH-Wines.com undertakes to regularize its operation as soon as possible.

10. Store suspension and deactivation

10.1. Regardless of any prior or subsequent communication, LMH-Wines.pt or LMH-Wines.com may at any time, and in its sole discretion, discontinue the provision of the Service and or part of the Service to one or all Users.

10.2. LMH-Wines.pt or LMH-Wines.com further reserves the right to immediately suspend or terminate access to the Service in the following cases:

a) When the user does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When LMH-Wines.pt or LMH-Wines.com cease access to the Store, upon 15 days prior notice of the date of termination.

10.3. Suspension or termination of the Service by LMH-Wines.pt or LMH-Wines.com according to the preceding paragraphs shall not affect Your or any third party's right to any compensation or other compensation, and LMH-Wines.pt or LMH-Wines.com shall not be liable or in any way encumbered for any consequence resulting from suspension, cancellation, cancellation of the Service.

10.4. In the situations described above, LMH-Wines.pt or LMH-Wines.com will inform the User, in advance, so that he/she may, wanting to, safeguard the contents of his / her order viewing area within 3 (three) business days from the sending of the e email or making information available on the LMH-Wines.pt or LMH-Wines.com homepage.

11. Communications

11.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to LMH-Wines.pt or LMH-Wines.com, including any changes to these General Conditions, may be made to the User's email address by SMS or phone contact.

11.2. The User agrees to receive any communication and/or notification related to the Online Store, to the address, contact telephone number and or email address indicated in the ordering process.

At any time, you may request not to receive these communications and/or notifications through the Contact Form or through the option of “Do not receive the Newsletter” subscribed to each Newsletter.

11.3. Whenever LMH-Wines.pt or LMH-Wines.com deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reshape network settings.

11.4. Without prejudice to the provisions of the following paragraphs, and mindful of the innovative nature and technological developments to which it may be subjected, LMH-Wines.pt or LMH-Wines.com may change its technical configurations whenever appropriate to adapt it to any technological developments.

11.5 LMH-Wines.pt or LMH-Wines.com does not, however, guarantee you any upgrades or improvements.

11.6. Some upgrades or new features may only be available upon payment of the User and/or subscription.

12. Technical Settings

12.1. Without prejudice to the following paragraph, LMH-Wines.pt or LMH-Wines.com may change the products and services and/or the technical conditions of its provision, as well as the respective rules of use, and shall disclose to the User such changes at least in advance. 15 (fifteen) days.

12.2. The current version of these Terms and Conditions and their attachments is available on the LMH-Wines.pt or LMH-Wines.com website.

13. Claims

13.1. The User may submit any contractual disputes, arbitration and mediation mechanisms that are or may be legally constituted, as well as to complain to LMH-Wines, Lda of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

13.2. The complaint must be filed within 30 (thirty) days from the date of knowledge of the facts by the User, being registered in the information systems of LMH-Wines.pt or LMH-Wines.com which shall decide the complaint and notify the interested party within the maximum period of 30 days. 30 (thirty) days from the date of receipt.

14. Governing Law and Jurisdiction

The General Terms and Conditions are governed by Portuguese law and to settle any issues arising from these Terms and Conditions, the jurisdiction of the district of Leiria shall be competent.