TERMS AND CONDITIONS

OPTA – WINES AND COFFEE, LDA. (OPTA Wines) is a commercial enterprise with head offices at Rua Casal dos Vagares, nº 15, Alto de São João, 3030-141 Coimbra, Portugal, registered with the Commercial Registry under the single registration and legal person number 510630707.

This website and its content (unless otherwise indicated) belong to OPTA Wines.

By navigating and/or interacting with this website, users accept the Terms and Conditions laid out below.

This site is limited to individuals legally permitted to consume alcohol, according to the laws of the country where the website is accessed.

OPTA Wines is free to change these Terms and Conditions without prior notice.

Users should not use this website if:

a) they do not accept these Terms and Conditions;

b) they wish to access alcohol-related content and are not legally permitted to consume alcohol in their country or the place from which they have accessed the website;

c) they are in a country that prohibits the use or display of this website’s content.

USING WEBSITE CONTENT

Users may print or have others print any downloadable content on this website to their computer or other similar device, under the following conditions:

a) The content is solely for private and non-commercial use;

b) No indication of copyright or other ownership is removed;

c) The content is not changed under any circumstances.

COPYRIGHT, TRADEMARKS AND OTHER PROPERTY RIGHTS

The contents of this website, including, but not limited to, trademarks, illustrations, logos, text, images, audio and video, is, unless otherwise stated, the sole property of OPTA Wines.

It is expressly forbidden to display, reproduce, distribute, modify, transmit and/or use content belonging to OPTA Wines for public and/or commercial purposes without the prior and express written consent of OPTA Wines.

NO WARRANTIES

This website is accessed at users’ own risk. This website and its content are provided with no warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose. OPTA Wines does not guarantee that this website will be constantlNIy available and/or free of errors or interruptions. Similarly, there is no guarantee that this website will be secure or free from viruses and/or other harmful material, or that the information on this website is complete, accurate or timely.

OPTA Wines reserves the right, at any time, to limit or block access to this website, or any feature or part of it, with or without prior notice.

LIMITATION OF LIABILITY

To the maximum extent of the law, neither OPTA Wines, nor any third party involved in the creation, production or dissemination of this website will be liable for any loss, damage or cost, whether under the law of contact, the law of torts or otherwise (including negligence), arising from reliance on the information contained on this website. This also excludes liability for direct, indirect, incidental, special, consequential and punitive damages, lost profits and damages resulting from lost data or the interruption of website activity stemming from or regarding the use or inability to use this website and its content, whether based on warranty, contract, tort or any other legal theory, irrespective of whether OPTA Wines has been negligent or has been warned of the possibility of such damage.

INDEMNITY

Users hereby indemnify and exonerate OPTA Wines from all liabilities arising from the misuse of this website and/or breach of these Terms and Conditions.

LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with Portuguese law. Users irrevocably give consent regarding the jurisdiction of the courts located in Lisbon, Portugal, in relation to any dispute arising and/or relating to these Terms and Conditions and/or the use of this website.

USER CONTENT

Any communication or other content submitted to this website, whether via e-mail, a message to a discussion group, the sending of a file or otherwise, will be considered non-confidential and non-exclusive.

When submitting content to this website, users automatically grant OPTA Wines a free, perpetual (or the maximum time period permitted by law), irrevocable and non-exclusive license to use, reproduce, adapt, publish, edit, translate, distribute and display such content separately and/or as part of other work in any existing or future media and, in addition, to sub-license such rights to third parties.

Users agree that OPTA Wines is free to use any ideas, concepts, know-how or techniques contained in any content they submit to this website, irrespective of the purpose of such submission, including, but not limited to, the development, manufacturing and marketing of products. It also clear that OPTA Wines is not bound to give users any compensation or recognition in exchange for such use.

Users agree not to submit any illegal or unlawful, threatening, libellous, defamatory, obscene, malicious, pornographic or profane content and/or any other content that could constitute or encourage illegal conduct. OPTA Wines will cooperate with all the relevant authorities regarding the application of the law and will also respect all judicial decisions requesting or ordering OPTA Wines to reveal the identity or help locate users who submit such content.

OPTA Wines does not screen nor monitor the content submitted to this website by third parties, nor it is responsible for doing so. When notified, OPTA Wines may investigate an allegation that content submitted to this website breaches these Terms and Conditions and may determine that the content be removed.

In the absence of an order from the courts or a law enforcement body, or in the case of obvious illegality, OPTA Wines is under no obligation to remove content submitted to the website by third parties and assumes no responsibility or liability arising from, or relating to, any content of this type, including, but not limited to, any error, defamation, slander, breach of trust, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy.

OPTA Wines assumes no responsibility or liability for any deed or content submitted by users or any third party on or off this website, and does not endorse the content of any of these sites. Users accessing and visiting any of these third-party sites do so at their own risk.

PRIVACY AND PERSONAL DATA

The domain server for this website only records and stores the information normally kept by default by the server, e.g. the Internet Protocol address that gives users access to the Internet; the date and period of access to this website; the Internet address of the site that brought users directly to this website and, if necessary, in order to ascertain users are legally permitted to consume alcohol, their age. This information will be used to count the number of visits to different parts of this website, in order to determine whether users are legally permitted to consume alcohol and to help us make this website more useful for users.

In some cases, OPTA Wines may ask users of the website for personal data (name, postal address, telephone number and e-mail address). By submitting personal data/contact details to OPTA Wines, users acknowledge and agree that OPTA Wines may use this data to send users information regarding OPTA Wines products and services (direct marketing) and other news (e.g. newsletters). When personal data is submitted to OPTA Wines, this will be the body responsible for collecting and processing personal data, while reserving the right to subcontract other bodies to undertake such tasks on its behalf. OPTA Wines will not give personal data to third parties without users’ explicit consent. Users can consult, change and delete the personal data submitted to OPTA Wines. To do so, users should send an email to info@optawines.com

The length of time the data is stored and kept varies according to the purpose for which the information is processed. There are legal requirements that oblige data retention for a minimum period of time. As such, and whenever there is no specific legal requirement, the data will only be stored and kept for the minimum period necessary for the purpose it was collected or later processing or for the time period authorized by the Comissão Nacional de Protecção de Dados (National Data Protection Commission). After this period, it will be deleted.

OPTA Wines is committed to protecting the personal data made available to the company. Given OPTA Wines’ concern and commitment to defending privacy, a number of security measures (technical and organizational) have been adopted, in order to prevent such data from being disseminated, lost, misused, altered, unauthorised processing or access, as well as against any other illicit processing.

Despite OPTA Wines’ security measures, the company is obliged to warn all of those surfing the Internet to take additional security measures, such as ensuring they use PCs and Browsers that are updated in terms of properly configured security “patches”, with an active firewall, antivirus and anti-spyware programmes. Such users should also verify the authenticity of the sites they visit and avoid sites they do not trust.

OPTA Wines reserves the right to amend or change to its privacy policy at any time. These changes will be published on this website.

COOKIES POLICY

WHAT ARE COOKIES?

“Cookies” are the data files a website sends to users’ computers while they are visiting its pages. These data files include information that allows important data to be stored in order to make surfing more efficient and useful. This website uses cookies for a number of purposes, such as non-personal data for online visitors.

HOW ARE COOKIES USED?

Visitors to this website use various computers and web browsers. To make their visits as straightforward as possible, there is an automatic record of the browser type (for example, Internet Explorer, Google Chrome, Mozilla Firefox) and operating system (for example, Windows, Macintosh, Android) used, as well as the name of their Internet service provider domain.

Every time the OPTA Wines website is visited, it records one or more cookies on the visitor’s computer, which are used to register and customise the visit. These cookies do not save or collect personal information. Visitors can control what cookies are registered on their computer through their browser.

WHAT IF THE USER DOES NOT WANT TO ACCEPT THE COOKIES?

If users do not want to accept the cookies, they can configure their computer so they are notified when a cookie is being sent or disable all cookies via their browser. They should check their browser’s “Help” menu for the best way to change or update cookies. For more information about cookies, how to prevent them from being installed or how to delete existing cookies from a hard drive, users should visit the following website: http://www.allaboutcookies.org.

LINKS TO OTHER SITES

This website contains links to other sites. These links are available for the convenience of user. OPTA Wines does not endorse nor is it responsible for any of these other sites or for their content. Users accessing any of these sites do so entirely at their risk.

GENERAL PROVISIONS

If any provisions of these Terms and Conditions is considered to be null and void by any court with valid jurisdiction, this will not affect the validity of the remaining provisions, which will remain in force.