Personal data is any information, of any kind and regardless of the correspondent support, related to a natural or legal person who is identified or identifiable (data owner). Generally, at this website LYFETASTE collects data like name, telephone, e-mail, address or others.
The personal data will be processed and used by LYFETASTE for communication activities, order processing and products offering or others within LYFETASTE’s activity.
In the scope of its activity, LYFETASTE may use a third party to provide certain services, including the access by that third party to the personal data, with the purpose of executing the services outsourced by LYFETASTE, such as (but not limited to) means of payment, insurances or brokers in the management of payments, IT services, logistic partners, as well as our suppliers with a direct delivery of goods, among others. LYFETASTE will demand those third parties to take the technical safety measures needed in order to protect personal data against destruction, whether illicit or accidental, accidental loss, modification, diffusion or unauthorized access and against any illicit treatment, being LYFETASTE, in any case, responsible for the personal data supplied by the client or user.
LYFETASTE will not sell or allow the usage of its databases by third parties for marketing purposes.
LYFETASTE may use the results of searches made by the user or client on the website in order to make internal developments or market research, sharing the results with its associated companies, consultants, suppliers and service providers.
Your personal data may be disclosed by LYFETASTE in compliance with a judicial or public authority order.
LYFETASTE / WWS – Wine With Spirit, S.A., VAT Number 509 839 894,, with its head office at Av. 24 de Julho, 60 – 3º Esqº, 1200-869 Lisboa, Portugal.
E-MAIL: [email protected]
If you do not agree with this terms, please do not use LYFETASTE's website.
Date of last revision: August 04, 2015
1. Ownership of http://lyfestaste.com
The current http://lyfestaste.com Website (the “Website") is duly registered and is owned by the company WWS – Wine With Spirit, S.A. VAT number 509 839 894, with its head office at Av. 24 de Julho, 60 – 3º Esqº, 1200-869 Lisboa, Portugal.
2. Purpose and scope of application
The current General Conditions of Contract and Usage (the "General Conditions") are applicable to the Website visitors and to any commercial transaction done on the Lyfetaste on-line store, available on the Website.
The navigation on the Website, as well as the purchase of any of the Lyfetaste products, implies the acceptance of the current General Conditions by the user client (the "Client").
Lyfetaste reserves the right to amend these General Conditions without prior notice, being any amendments published on the current Website.
The amended General Conditions will be in force as from the moment they are published.When the Client accesses the Website after publication, he shall be deemed to have fully accepted such amendments.
It is advisable to review all applicable terms and conditions on a regular basis in order to identify possible amendments.
3. Information about contents
The current Website is intended solely for domestic use. The reproduction, transfer, distribution or storage of the Website and its content, without prior written consent, is forbidden for any purpose other than strictly personal.
Lyfetaste reserves the right to amend at any moment the information and commercial offer presented on: products, prices, promotions, commercial conditions, services or other.
It is strictly forbidden to insert links on our Website with commercial purposes and without prior authorization.
In the event of finding links in any other sites that allow you to have access to http://lyfestaste.com, please note that we do not hold any responsibility regarding the origin of the page or the contents it includes.
The pictures presented in the Website are merely illustrative. Please refer to the product information for details regarding its characteristics.
4. Intellectual and Industrial Property Rights on the Website
All elements of the Website http://lyfestaste.com, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the company WWS - Wine With Spirit, S.A.
The Website use does not grant the Client any intellectual property right on the Contents accessed. It is not allowed to use any content of the Website, except if authorized by the owner or in circumstances permitted by law.
The current General Conditions do not grant the right to use any of the brands or logos used on our Website, unless there is any exception mentioned by Lyfetaste in the current General Conditions of Contract and Usage.
Lyfetaste allows the publication of links on the Websites of users and other entities, however, these are not operated or controlled by Lyfetaste and therefore, we cannot be held responsible or approve, or by any other way support or subscribe the content of these Websites, or the sites connected with them or therein referred. The usage of these links is under the sole responsibility of the users.
In all cases, any link, even if tacitly authorized, shall be removed with a simple request from the company WWS - Wine With Spirit, S.A.
All products sold at Lyfetaste are in accordance with the Portuguese legislation and are described and presented on the Website with as much accuracy as possible. If, in spite of all our precautions, there are errors on the Website, Lyfeaste shall not be held responsible for that fact.
Except in case of warranty or a specific period of time, any operation performed between Lyfetaste and its Clients which is not challenged within 6 months, shall not be subject to any claim.
Lyfetaste shall not be held responsible for any delays or non-compliance with the contract due to force majeure, namely and among others, disturbance, total or partial strike, postal services and means of transport or communication, flood, fire or war. Lyfetaste shall not be held responsible for any indirect damage, operating loss, benefit loss, opportunity loss or fee that may arise from the purchase of any product presented on the Website.
For all the stages of access to the Website, from the ordering process to the delivery or subsequent services, Lyfetaste only has an obligation of means. Lyfetaste excludes all warranty and any liability regarding the inconveniences or losses due to the usage of Internet, especially, a service rupture, an exterior intrusion or the existence of computer viruses, or any case of force majeure.
Lyfetaste declines all liability in case of violation of law of the country where the order is delivered.
It is the Client's responsibility to check with the local authorities the importing and usage conditions for the products intended to be ordered.
Lyfetaste shall not hold any responsibility for the losses caused by interferences, interruptions, computer viruses, malfunction or operating system disconnections that may temporarily prevent the access, navigation or provision of services to the Clients.
7. Clients and Users Obligations
The Client shall respect and comply with the current general conditions. They undertake, namely, to comply with the following obligations:
1) It is forbidden to introduce, storage or broadcast through the Website any defamatory, obscene, injurious, xenophobic and/or any other type of content which violates the general principles of law and public order;
2) Save and not disclosing the Website login password in order to prevent third parties from accessing their accounts;
3) Not to use fake identities;
4) Provide access to the personal data and correct addresses so that Lyfetaste may duly process the order.
Lyfetaste shall not be held responsible for an eventual delay or impossibility of order processing, namely at the moment of delivery, due to an error or insufficiency in the data communicated by the Client.
It is expressly forbidden to communicate messages or information which are insulting, deceiving, defamatory, obscene or that violate in any way the third party right to intimacy or intellectual or industrial property, as well as the disclosure of any information that may be damaging to third parties or to the Website owner.
Lyfetaste reserves the right to eliminate the account of the user that substantiates any one of these situations.
8. On-line ordering
In order to purchase on the Website you only have to insert in the virtual shopping cart all the articles you want to buy. You can do your purchase after registering as a client, by filling in the available on-line form, or you can do your purchase as a non-registered client. After that, you should follow all the purchase steps so that it is successfully concluded.
The purchase request validation presumes that the Client has taken notice and accepts the current General Conditions of the Website. The data registered by Lyfetaste is a proof of the set of transactions made between Lyfetaste and the Client. It is Lyfetaste’s responsibility to file the electronic document where the contract is formalized and to keep it accessible.
The on-line entry of the bank card number and the final validation of the request will be a proof, in accordance with the legal provisions, and will allow the eligibility of the amounts that appear in the order slip.
As soon as your purchase is finished, you will receive an email confirming the transaction status. If the data is not correct, you may immediately request its modification or even the cancellation of the purchase.
The selling prices presented on the Website are in Euros and include VAT at the legal rate in force.
The shipping costs may, or may not, be payable by the Client, depending on the volume and/or value of the order and in accordance with the delivery rules stipulated by Lyfetaste, always clearly stated on the Website.
If any product, due to its specificities, has a different type of delivery method, Lyfetaste will provide the information related to such situation for Client knowledge.
The products prices and specifications are subject to modifications without prior notice.
In spite of Lyfetaste’s efforts, some products may present an incorrect price, reason by which we always check prices when processing the orders.
If the price presented is incorrect and is clearly derisory, regardless of its cause (computer bug, manual error, technical error, etc.), the order will be annulled, even if it has already been confirmed and the Client duly noticed.
In case of unavailability of product and/or stock-out, the Client will be informed of the partial or total cancellation of the order, having the right to the refund of the amount paid.
Lyfetaste respects the orders delivery times as long as there is no irregularity with the available stock.
11. Delivery Method
All purchases, except if otherwise indicated on the product detail page or by specific indication of Lyfetaste to the Client, will be sent upon receipt of payment.
The products are properly packed for delivery, in order to be received in a safe way and in the best possible conditions.
Lyfetaste does not make deliveries at post office boxes.
The request will be delivered at the address indicated and confirmed by the Client at the moment of the purchase. The same address will be included in the confirmation e-mail sent to the Client, after the on-line transaction is concluded.
Each expedition includes the following elements:
The delivery times are merely indicative, however, Lyfetaste makes an effort to collaborate with the most efficient transportation companies in order to assure the total satisfaction of the Client.
In case an order is not delivered in the specified deadline, we will conduct an investigation to the transportation company for quality control purposes. This procedure may take some days and therefore we ask the Client for his total collaboration at this stage. No refund may be made during this period until the causes for the non delivery are established and the lost of the order is, or is not, confirmed.
The shipping costs are automatically calculated by the system, in accordance with the volume of the order made by the Client. The Client will be informed of the value during the order.
In case the product does not correspond to the original request and/or presents visible defects, the Client should make its return, within a period of 14 days, for the return address included in the Website. Simultaneously, within that same period of 14 days, the Client should notify Lyfetaste, by e-mail to the Client Support Services, duly describing and/or identifying the problem.
Once the Client accepts the order delivered by the transportation company, Lyfetaste does not take any responsibility for: (i) possible problems caused by transport, (ii) complaints, refund requests or requests for the replacement of products that present external defects.
The right to return remains valid for the cases of technical problems detected by the client after delivery and under the terms set our in the law.
Procedures at the time of delivery:
1) Check if the package is in perfect condition;
2) Open the package asking the transportation company to wait for verification (this is a Client's right);
3) Determine if the product is in accordance with the request and if it does not present visible defects;
4) In case there is any error on the requested product and/or a visible defect, you should refuse to accept the order and fill in the existing form for this purpose, pointing out the problem;
5) Return the package(s) and all the correspondent content to the transportation company;
6) Send and e-mail within 24 hours, stating the situation to the Client Support Service.
12. Safe Payment
By purchasing at the current Website, you agree to proceed to the full payment of that purchase within the time frame provided for that purpose.
You undertake to supply true and legally authorized financial information to the entities responsible for the collection available at the Lyfetaste’s Website (Paypal, Easypay or other with whom an agreement may be entered into).
Lyfetaste does not have any access to the Client's financial information since it is treated in a safe way by the competent entity. The transactions with Paypal, Easypay or other with whom an agreement may be entered into, are made directly with the servers of the administrators of Visa, Mastercard, etc., assuring total safety in your purchases.
If applicable, you are responsible for the payment of all the taxes and duties related to the transaction made.
13. Cancellations, exchanges and returns
With the conditions and exceptions referred to in the current Section, the Client may cancel the order at any moment, until its delivery, being entitled to the refund of all the paid amounts (except transportation costs).
As from the moment the order is received by the Client, the right to free termination may be exerted under the terms of the applicable law - 14 (fourteen) days. For such purpose, the Client shall communicate the intention in writing, by e-mail or letter to the Lyfetaste’s Client Support Service. The articles shall be returned within 14 days after their reception, in their original package, under penalty of not being accepted.
The return and exchange of products shall have to respect the following conditions:
1) Restitution of the articles in excellent conditions, with the complete original package, together with the correspondent invoice;
2) Articles that have been used are not accepted for exchange;
3) Articles that have been personalized according to Client's specifications are not accepted for exchange;
4) Articles that are identified on the Website as not exchangeable are not accepted for exchange.
After contacting Lyfetaste’s Client Support Service and having received the return instructions, you can send us the article, duly packaged, with the original packaging for the following address:
Lyfetaste / WWS - Wine With Spirit, S.A., Av. 24 de Julho, 60 – 3º Esqº, 1200-869 Lisboa, Portugal.
All articles will be verified when arriving at our services. Only those articles respecting the conditions of exchange or return will be accepted for exchange or return.
If you chose the return of the value, please note the following:
You will have to send us in writing (fax, e-mail. etc.) the NIB/IBAN corresponding to the bank account of the initial payment, so that we can make the return in a quicker way;
Shipping costs, even if not charged originally by Lyfetaest decision, will be deducted in the value to be returned to the Client;
In case of return, the Client shall bear the expenses related to such return, being the amount credited related only to the value of the product;
In case of return due to product defect, after verification and confirmation by Lyfetaste, that value will be returned to the Client together with the value of the product and the transport initially paid, in case this expense has been made by the Client.
Further to the information provided herein, you may refer to the following legal information on “free termination of the contract and correspondent form”.
The computer records, maintained in Lyfetaste’s information systems in safety conditions, are deemed to constitute evidence of the communications, orders and payments produced between both parties.
15. Personal data treatment
In accordance with the legislation on Personal Data Protection, we inform that the treatment of personal data collected on the site http://lyfestaste.com is the responsability of the comany WWS - WINE WITH SPIRIT, S.A., NIPC 509 839 894, com sede na Av. 24 de Julho, 60 – 3º Esqº, 1200-869 Lisboa, Portugal.
The data collected in this Website is intended to be used for processing orders and communicating with the Clients, processing information requests and possible claims, statistical analysis, as well as direct marketing.
Lyfetaste assures the confidentiality of all the data provided by its clients. Notwithstanding that Lyfetaste collects and treats data in a safe way, preventing its loss or manipulation, using the most advanced techniques for that purpose, we inform that the collection on an open network allows the circulation of personal data without an absolute safety condition, at the risk of being seen and used by unauthorized third parties.
All Clients have the right to access, correct, cancel and oppose to their data. If at any moment you wish to be removed from Lyfetaste’s database, you may exercise that right through the following means: e-mail or letter.
The Client expressly authorizes Lyfetaste to send information about the products and services that may be of his interest, using his personal data for direct marketing purposes through any communication channel, namely by using e-mail, SMS, MMS or other forms of automatic call.
Lyfetaste will not sale or share its Clients' database with third parties.
In case any provision of these General Conditions is deemed to be invalid or unenforceable, it will then be replaced by a valid and feasible provision that is closer to the aim of the original provision, being the remaining provisions still valid.
16. Entire Agreement
The current General Conditions of Sale constitute the entire agreement without reservations between the parties.
Any legal, regulatory or sentenced modification that might occur and that implies the invalidity or questions the validity or feasibility of any of the sections of the current General Conditions will only be applicable in future situations or in the present case, whether it is one or another and may not, in any case, affect the validity of the transactions already performed.
17. Applicable law and competent courts
These General Conditions shall be governed in all respects, including their construction, by the laws of Portugal
17.1. It is stipulated, with express waiver of any other, the Court of Lisbon as the sole jurisdiction to settle any dispute arising from the current General Conditions or raised by the interpretation of their sections.
17.2. In case of consumer dispute, according to the provisions set forth by the Law No. 144/2015, of September 8, the consumer may resort to the competent alternative consumer dispute resolution entity.
17.3. Without prejudice to the provisions set forth in the legislation, statutes and regulations that the alternative consumer dispute resolution entities are bound, the consumer can opt between the European Alternative Dispute Resolution Platform available online at https://webgate.ec.europa.eu/odr, or the alternative consumer dispute resolution entity of his permanent address.
17.4. If there are no alternative dispute resolution entities in accordance with the provisions set forth in the preceding paragraph or if the existent ones are not considered relevant in view of the dispute value, the consumer may use the National Center for Information and Consumer Disputes Arbitration, located in Lisbon, with the e-mail address [email protected] and available at www.arbitragemdeconsumo.com.
NOTE: in case of any dispute, the Portuguese version of this document will prevail.
The current General Conditions were updated on June 23, 2016.