1. Ownership of the Online Shop
Churchill Graham, S.A. (hereinafter Churchill's), with registered office at Rua da Fonte Nova, nº 5, 4400-156, Vila Nova de Gia, Portugal, registered with the Commercial Registry Office under the single registration and taxpayer number 501.245.553, is the legal owner of the Churchill's official website, whose domain can be found at www.drinkchurchills.com.
For any information or clarification, you may contact Churchill's by email: hello@churchills.pt, or if you prefer, by phone at (+351) 223 703 641.
2. Object and scope of application
These General Terms and Conditions of Sale regulate exclusively the purchase and sale carried out in the Churchill's online shop between the buyer and Churchill's and apply to all visitors to the www.drinkchurchills.com site and any transaction of a commercial nature carried out through this online shop.
Browsing the site, as well as purchasing any product on www.drinkchurchills.com, implies acceptance of the present General Terms and Conditions of Sale.
Churchill's reserves the right to modify the present General Terms and Conditions of Sale without prior notice.
By current legislation (Decree-Law No. 9/2002, of 24/01), the ordering of products must be made by Users aged 18 or over, with full contractual capacity, so that they can take responsibility for the commitments resulting from the purchase and sale.
3. Information on online shop content
The reproduction, transfer, distribution, or storage of the contents of the online shop, without prior written permission, is prohibited for any purpose other than strictly personal use.
The introduction of links from the site for commercial purposes or without prior authorization from Churchill's is expressly prohibited, as the use of the www.drinkchurchills.com domain for abusive purposes will be liable to appeal to competent legal means.
If you find links to www.drinkchurchills.com on other sites or references to our online shop, Churchill's has no responsibility for the links or pages or the content contained therein.
We make every effort to ensure that the information presented on our site is free of typographical errors and we will correct them as soon as possible whenever they occur. If the information presented does not correspond to the characteristics of the product, the customer has the right to cancel the purchase contract, in the legal terms applicable and in accordance with the provisions of Section 12 below.
Prices and product specifications are subject to change without prior notice.
The photographs displayed in the online shop are for illustrative purposes only, and the purchase should always be preceded by a careful and thorough reading of the information about the characteristics of the products.
4. Obligations of clients and users of the site
Any visitor to the www.drinkchurchills.com site is obliged to comply with and respect the present General Terms and Conditions, namely the following obligations:
i. It is prohibited to introduce, store or disseminate through our site defamatory, obscene, injurious, xenophobic, and/or any other content that violates the general principles of law and public order;
ii. Keep, and not disclose, your password for entering the site to prevent third parties from accessing your account and personal data
iii. Not to use false identities;
iv. Provide your correct personal details and address so that Churchill's can properly process orders.
The Consumer is solely responsible for the veracity of the personal data communicated and undertakes to enter and inform immediately of any change through his or her registration account at www.drinkchurchills.com.
Churchill's declines any responsibility for any possible delay or impossibility to process the order due to error or insufficiency of the data communicated by the Consumer, particularly upon delivery.
Churchill's reserves the right to delete the user's account if the user transmits messages or information that is injurious, misleading, defamatory, obscene, or in any way violates the right to privacy or the intellectual or industrial property of third parties, as well as providing any information that may be harmful to third parties or the owner of the site.
5. Placing an order online
To place an order through www.drinkchurchills.com, you must have a valid e-mail account.
Procedure:
i. Register as a customer by filling in the form available online;
ii. Navigate through the pages of the online shop and find the product(s) you want to buy;
iii. Add the preferred products to the Shopping Basket through the button "Add to Basket";
iv. Finalise the purchase by clicking on Checkout;
v. Fill in your personal details;
vi. Select the payment method;
vii. Review your order;
viii. Proceed to payment, confirming the order.
ix. At the end, you will receive an order confirmation via e-mail. We suggest that you print or download this copy for future reference. If the data is not correct, you will be able to immediately request its alteration or even the cancellation of the purchase made.
Validation of the purchase order presupposes that the customer has taken note of and accepts these general terms and conditions.
6. Availability of products
Churchill's processes the order placed after confirmation of the respective payment and therefore cannot guarantee the availability of the articles until the beginning of such processing.
In the order confirmation, you will find the estimated date for shipment of the products after confirmation of payment. The estimated time for shipment varies depending on the carrier and the destination of the order.
Churchill's only dispatches orders on working days.
A delivery is considered made or a product is considered delivered when the delivery receipt is signed at the indicated address. Any delay in the shipment of items, about the estimated dates shown, shall not give rise to any right to compensation.
The satisfaction of all orders placed on the site is subject to product availability. Churchill's tries to ensure that all items offered for sale on the site are in stock, however, reserves the right not to accept any orders or to cancel orders already confirmed for products that no longer have stock.
In the event of product unavailability and/or out of stock, Churchill's may choose to:
(a) Contact the supplier for replacement of the item, informing the customer if the expected delivery date changes and the customer accepts this new delivery date;
(b) immediately inform you of the partial or total cancellation of your order and you will be entitled to a refund of the amount paid.
7. Price
The products’ prices on the Website include Value Added Tax (VAT).
The total price specified at the end includes VAT and shipping costs.
Shipping fees are calculated per order, the exact price of the shipping fee will depend on the country where your order will be delivered (as indicated in Point 8 below).
Prices are all quoted in Euros (€) and any change in the delivery location of your order may have an influence on prices due to transport costs.
8. Shipping costs
Portugal mainland
The shipping costs of orders for mainland Portugal will be indicated at the end of the order.
Madeira and Azores archipelago
The shipping costs of orders for Madeira and the Azores will be indicated at the end of the order.
EU and the Rest of the World
The shipping costs of orders for the EU and the Rest of the World will be indicated at the end of the order.
9. Delivery times
Once your order has been registered, payment has been confirmed and your order is available, Churchill's will ship your order.
Your orders may be subject to the customs fees and import duties of the country to which you have your order dispatched. These charges are the recipient's responsibility.
Churchill's will not be liable for failure to perform or delay in performance of, any shipment obligation caused by a force majeure event.
10. Methods of payment
The available payment methods will be presented at www.drinkchurchills.com. We do not accept any other method of payment other than those mentioned and all shipments are conditional upon confirmation of payment.
You can pay for your products using your usual credit and debit cards, through the Redunicre payment system, Mastercard, Visa, Multibanco, MBWay, Bank Transfer, and Paypal.
In the payments using a credit or debit card, all the details (for example, the card number, expiry date, or security code) will be sent by Encrypted Protocol to the company that provides the remote electronic payment services, Redunicre, without that third can have access to the transmitted information. This information will not be used by Churchill's, except to carry out the necessary operations for purchase or refund, in case of return by the exercise of the right of return, or for reporting cases of fraud to the police.
In the event of a refund being made, this will be within 7 working days of receipt by Churchill's of the returned order.
Note: All payment information you provide will be encrypted from the time of your initial transaction until the order is processed and will not be stored on any public server. However, any payment transmitted over the Internet or via e-mail runs certain risks, particularly when the Customer does not take the proper precautions and does not assume the proper liability conduct. Therefore Churchill's cannot be held responsible for any damage suffered as a result of the use of electronic means of communication, in particular damage resulting from failure or delay in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.
11. Cancellation of the order
The Customer may cancel his or her order at any time up to the delivery of the same, with a right to a refund of all sums paid.
If the cancellation request is not possible because the order has already been shipped, the products will be sent to the Buyer who, if he/she maintains his/her intention to cancel the order, should refuse to receive them, activating the return mechanisms.
Churchill's will refund the amount paid for the order once it has been received and completed the return process.
If you do not pay for your order within 2 days after the date it was placed, the order will be automatically canceled.
12. Exchanges and returns
All products are identified with a security seal. If you wish to return the product purchased, do not remove the security seal of the product purchased. In this case, a voucher will be issued in the amount of the exchange so that you can proceed with the new order.
If you wish to return the products purchased, Churchill's has the right not to accept the return of products if the products returned do not have the corresponding security seal.
After receiving the order, the Buyer has a period of 14 days to return or exchange the products purchased, if it finds that they have defects or other non-conformities about the products ordered, or by simple withdrawal, without the need to expressly state the reason.
The costs of a first return or exchange will be borne by Churchill's. In subsequent returns and exchanges, the shipping costs will be borne by the customer (except for reasons of product quality).
The exchange or return of orders must be made through the same carrier that delivered it to your address, as follows:
(a) You can use the original packaging where you received the order or another cardboard box, provided it is not damaged. Close the box and seal it with tape.
(b) The collection will be made within a maximum of 3 working days after you have made the return request. You will be contacted by our customer service to schedule the collection of the products. If you are not at the indicated address at the time of collection, a new collection will be scheduled at a date/time to be agreed upon between the customer and the shipping company.
(c) The collections are not made on holidays and weekends;
(d) Upon receipt of the product, we will verify that it conforms to our exchange or return requirements. If so, the exchange will be confirmed or the refund made;
(e) For the refund of the amount paid, Churchill's makes two options available to the User: issue of a voucher for the value of the returned products, which can be discounted within a maximum period of 6 months from the date of issue; or the chargeback itself, through the same form of payment used in the purchase.
Upon delivery, the Purchaser must inspect the packaging and products sent to check for any damage. If the products are found to be damaged, the customer should not accept delivery of the order, which should be returned immediately by contacting customer services to schedule collection.
The order is deemed accepted if, after receiving the order, the Buyer does not return the order within 14 days.
13. Responsibilities
Churchill shall only be liable for damages suffered by Buyer where such damages result from breaches attributable to Churchill's contractual obligations to Buyer or where the liability arises under applicable law.
Where the Buyer has suffered damage in connection with the activity of the site, Churchill's liability shall be limited to damage to products and reasonable and verifiable costs incurred by the Buyer as a result of Churchill's breach of these General Terms and Conditions of Sale.
Churchill shall not be liable for damages suffered by any third party resulting from the use/consumption of any of our products. Similarly, Churchill shall not be liable for any damage suffered by Buyer as a result of improper use/consumption of our products.
14. Intellectual and Industrial Property
All texts, works, works, and images reproduced or represented on the www.drinkchurchills.com website is strictly reserved under the terms of copyright as well as intellectual property rights.
Accordingly, and under the terms of the Intellectual Property Code, only the use of information for private purposes is authorized, subject to contrary provisions including more restrictive provisions contained in the said Code.
Any reproduction or representation of all or part of the www.drinkchurchills.com website, of all or part of the elements included in it, is strictly prohibited.
The corporate names, brands, and distinctive signs reproduced on the www.drinkchurchills.com website are protected under the terms of the legal provisions applicable to industrial property.
15. Policy and privacy
To know our privacy policy you can visit the following link: https://www.drinkchurchills.com/en/privacy-policy/
16. Applicable legislation
These General Terms and Conditions of Sale and all disputes arising therefrom shall be governed by Portuguese law.
In case of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, Churchill's and the Buyer agree to endeavor to reach an amicable solution, which is fair and adequate, within a maximum period of sixty (60) days counted from the reception of the communication addressed to this effect by either of the parties involved.
In the event of a consumer dispute, the consumer may resort to the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr. To find out about the registered entities for Alternative Resolution of Consumer Disputes, consult the Consumer Portal at www.consumidor.pt.
In the absence of an amicable solution and case of breach of these General Terms and Conditions of Sale, both parties establish the jurisdiction of the District Court of Vila Nova de Gaia, with express waiver of any other.
