Terms and Conditions

1. SCOPE OF APPLICATION

1.1. If a buyer places an order for one of our Products through the website www.syndicato.pt, on which we present these Terms and Conditions (collectively referred to as “General Terms and Conditions of Sale”), after confirmation of acceptance of said order, a purchase and sale contract shall be concluded between the Buyer and Beersiness, Lda, with its registered office at Avenida da Boavista, sala 507 piso 5 nº 3521 4150-415 Porto, Portugal, and Tax ID (NIF) PT514486937, which shall be governed by these Terms and Conditions or General Terms and Conditions of Sale mentioned below.

1.2. The General Terms and Conditions of Sale defined below apply to all commercial transactions carried out remotely.

1.3. In the course of the commercial relationship with Syndicato, the customer agrees to accept these General Terms and Conditions of Sale without reservation, which shall prevail over any provisions contained in orders or customer correspondence.

1.4. When contracting, the customer undertakes to use the Syndicato website in compliance with the provisions of applicable legislation, refraining from using the webpage for activities contrary to the law, morals, and good customs, or to the rights and interests of third parties.

1.5. Syndicato reserves the right to change the General Terms and Conditions of Sale without prior notice, without prejudice to the due protection of contracts already concluded and in execution. It is the customer's responsibility to read them periodically, since the conditions in force at the time of use of the webpage or the conclusion of the contract are those that will be applicable.

1.6. If you have questions regarding the general terms and conditions of sale, you can contact us via email at welcome@syndicato.pt and regarding the privacy policy via email at beersiness@beersiness.pt

1.7. For the purposes of these General Terms and Conditions of Sale, a customer is defined as any person, legal or natural, who enters into a commercial contract with www.syndicato.pt, with the consumer being considered the natural person to whom Syndicato provides goods or renders services.

1.8. The Customer confirms that they are an individual of legal age for the consumption of alcoholic beverages in accordance with the rules of the country where browsing takes place. As provided in DL No. 50/2013, of April 16, for individuals in Portugal.

1.9. Syndicato and the owner of the website are not responsible for any health damages that may be caused by the incorrect and improper use of the products sold on the website.

2. WEBSITE USAGE RULES

2.1 The Customer or User is obliged to use the website, all its content and services, as established by law, morals, and public order, and by these general conditions. They are also obliged to make proper use of the services and/or content of the website, without applying them to the performance of illicit activities or those constituting a criminal offense that infringe upon the rights of third parties and/or infringe the regulation on intellectual and industrial property, or any other applicable legal norms.

2.2 The Customer is obliged not to transmit, introduce, disseminate, and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to what is established in the law, morals, and public order, and in these general conditions. This is restrictive, and under no circumstances exhaustive. The Customer undertakes to:

2.2.1. Not to introduce or disseminate content or advertising of a racist, xenophobic, or pornographic nature, that promotes terrorism, or any others that infringe upon human rights.

2.2.2. Not to introduce or disseminate data programs (viruses and malicious software) onto the network capable of damaging the computer systems of the access provider, its suppliers, or third-party Users of the internet network.

2.2.3. Not to disseminate, transmit, or make available to third parties any type of information, element, or content that may infringe upon fundamental rights and public freedoms recognized constitutionally, as well as in international treaties.

2.2.4. Not to disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes illicit or unfair advertising.

2.2.5. Not to transmit unsolicited or unauthorized advertising, promotional material, spam, “chain emails,” or any other form of solicitation, except in areas (such as commercial spaces) that have been exclusively designed for such purposes.

2.2.6. Not to introduce or disseminate any false, ambiguous, or inaccurate information and content that misleads the recipients of the information.

2.2.7. Not to impersonate other Customers by using their registration passwords for the different services and/or content of the website.

2.2.8 Not to disseminate, transmit, or make available to third parties any type of information, element, or content that involves a violation of intellectual and industrial property rights, patents, trademarks, or copyright belonging to the website owners or third parties.

3. CONCLUSION OF THE SALES CONTRACT

3.1. The general terms and conditions of sale are an integral and essential part of the sales contract with the Customer. Electronic transmission of the order by the Customer implies full knowledge of these General Terms and Conditions of Sale and their total acceptance. If the Customer does not agree with one or more terms contained in these General Terms and Conditions of Sale, they must refrain from making purchases on the site www.Syndicato.pt.

3.3. To proceed with the purchase of one or more products on the aforementioned Site, the Customer must provide Syndicato, in compliance with applicable provisions regarding personal data protection, all data necessary to allow the latter to execute placed orders. The customer may or may not register on the site; if they do, access may be more convenient.

3.3 The data entered by the User must always be accurate, current, and real. The registered Customer will always be responsible for the security of their password, consequently assuming the damages and losses that may arise from its improper use, as well as from its cessation, disclosure, or loss. For this purpose, access to restricted areas and/or the use of services and content performed under the password of a registered Customer will be considered as performed by said registered User, who must answer, in any case, for said access and use.

3.4. To conclude the purchase contract with Syndicato, the Customer must submit their order, following the procedure indicated on the Site. The electronic transmission of the order generates the Customer's obligation to pay the price indicated therein.

3.5. When the Customer places an order, they receive an email from Syndicato containing the confirmation of receipt of the order and a summary thereof. However, said email does not constitute automatic acceptance of the order, as:

3.6. All orders placed are subject to express or tacit acceptance by Syndicato.

3.7. The processing of any order depends on prior payment of the price, unless expressly indicated otherwise.

3.8. The cancellation of an order, or the alteration of quantities or qualities of the goods ordered by the Customer during the processing period, requires validation by Syndicato, resulting in the refund of the price paid.

3.9. The modification, at the initiative of Syndicato, of quantities or qualities of the ordered products depends on the customer's express acceptance and may result in a readjustment of the agreed contractual provisions.

4. PRODUCT AVAILABILITY

4.1. All product orders will be subject to their availability. In this sense, if any difficulty arises regarding the supply of products or if there are no items in stock, we will inform you immediately of the unavailability and will refund any amount you may have paid within the legal timeframe.

5. SHIPPING AND DELIVERY

5.1. Without prejudice to what is established in Clause 3.1 above, regarding product availability, and unless extraordinary circumstances occur, we will attempt to ship the order for the products mentioned in each Delivery Confirmation before the date indicated in the Delivery Confirmation in question or, if no delivery date has been specified, within a maximum of 30 days from the date of the Order Confirmation.

5.2. Notwithstanding, delays may occur for any of the following reasons:

  • personalization of products;

  • specialized items;

  • unforeseen circumstances; or

  • problems in the delivery area.

5.3. If we are unable to meet the delivery date for reasons not attributable to our responsibility, we will inform you of this circumstance, giving you the option to continue with your purchase, set a new delivery date, or cancel the order with a full refund of the amount paid, without prejudice to all other rights you may have under applicable legislation.

5.4. In any case, we do not make deliveries on Saturdays, Sundays, or public holidays.

5.5. According to these conditions, the “delivery” shall be deemed to have been carried out or the order “delivered” when the customer or a third party indicated by you is in physical possession of the products, which will be evidenced by the signature of the order receipt at the indicated delivery address.

6. IMPOSSIBILITY OF DELIVERY

6.1. If you have opted for the delivery service to the address you provided, the carrier will make a second delivery attempt, or the order will be sent to the collection point closest to the indicated address and will be available for pickup for 10 days, after which period it will be returned to us. During the pandemic period, carriers are only making one delivery attempt.

6.3. Please note that, in case of non-delivery of the product within the stipulated period due to absence and/or impossibility of contact, you may be charged for expenses related to the storage of the products and new delivery attempts.

7. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

7.1. The risks of the products will be borne by the customer from the moment of their delivery. The customer will acquire ownership of the products when we receive the full payment of the amounts due for them, including shipping costs, or at the time of delivery (in accordance with the definition contained in Clause 4 above), if this date is later.

8. SALES PRICES

8.1. The prices listed on the Site are presented in euros (EUR) and include the Value Added Tax (VAT) in force at the date, but do not include shipping costs, which will be added to the total amount due after entering the delivery address details and in accordance with the provisions in our Shipping Guide, also provided in clause 8.

8.2. The prices advertised under the previous clause are valid at the time of your consultation, except for the occurrence of printing, typographical, or typing errors, or stock shortages.

8.3. Syndicato reserves the right to change the advertised sales prices without prior notice, with the new prices applying to purchases made and orders submitted from the date of the change.

9. SHIPPING COSTS

9.1. Portugal:

Weight (kg) | Values in €

Mainland Portugal

Azores and Madeira

land transport

 sea transport

0-2

4.55

11.99

2-5

6.15

14.99

5-10

7.99

19.99

10-20

10.46

36.90

Per extra Kg

–

–

Gift Card

free

available in digital version

9.2. EU Countries and Rest of the World: Table – CTT Tariff for Deliveries in Mainland Portugal, Azores, and Madeira.
The values already include VAT at the legal rate in force, 23%.

At this stage, we do not ship to countries other than Portugal. However, if you wish to place an order destined for EU countries (post-Brexit), please contact us at encomendas@syndicato.pt so that we can study the best logistics solution.

9.3. Syndicato will not be responsible for customs taxes or fees for countries outside the EU. For all other countries, customs taxes or fees will be charged to the customer.

10. PAYMENT METHOD

10.1. To pay the price of the products and the related shipping and delivery costs, the customer can follow one of the methods indicated in the order form.

10.2. The Customer is solely responsible for the data entered and, therefore, guarantees the use only of credit cards with legitimate availability.

10.3. The customer can make payment through Multibanco reference, MB Way, Paypal, and Visa, Mastercard, and Maestro cards.

10.4. Payment processes run on the APIs of SIBS, REDUNIQ, Paypal, and are totally independent of Syndicato, with no data regarding the customers' payment methods being stored, except for the designation of the method used.

10.5. If your payment method is Paypal, if the option is available, the debit will be made at the moment we confirm your order.

10.6. By clicking on «Finalize Order», the customer confirms that the credit card is theirs or that they are the legitimate owner of the gift card or payment card.

10.7. Credit cards are subject to checks and authorizations by the issuing entities; if they do not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with the customer.

10.8 For reasons entirely beyond our control, in the case of MBWay, if the payment fails on the 1st payment attempt, on the second attempt the order payment status may not be automatically updated to “paid” and, for that reason, may not be processed. If you notice a delay in the confirmation of your order, contact us via email at encomendas@syndicato.pt or via +351 936 186 631.

11. EXCHANGE POLICY

11.1. Right of free withdrawal from the contract

  • In accordance with applicable regulations and the terms of the respective legislation, the consumer, as defined by consumer legislation if contracting as such, has the right to withdraw from the contract within 14 days from the date on which the consumer, or a third party indicated by the consumer, acquires physical possession of the goods, without giving any reason.

  • To exercise the right of withdrawal, the customer may contact us via email at  encomendas@syndicato.pt.

  • To comply with the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

  • In the event of withdrawal, the consumer shall bear the transport costs related to the return of the goods.

  • Reimbursements of payments by Syndicato will be made using the same means of payment as the consumer used for the initial transaction, unless otherwise expressly agreed upon within the legal timeframe for this purpose, excluding transport costs.

  • Syndicato does not accept the exchange of customized or custom-made products.

  • Syndicato does not accept the return or exchange of customized or custom-made products.
  • If a customer wishes to cancel an order, they must do so within 2 hours of placing it and before 12:00, indicating the order reference. In any case, Syndicato will make its best efforts to cancel the order in a timely manner and at no cost. In case of doubt, please contact encomendas@syndicato.pt

11.2. Contractual right to return products

  • In addition to the legally recognized right of withdrawal for consumers mentioned in clause 11.1 above, we grant the customer a period of 30 days from the date of the order shipment confirmation to return the products.

  • The customer may exercise their right to return products in accordance with the terms provided in clause 11.1 above for exercising the right of withdrawal. However, the customer must inform us of their intention to return the products and deliver them to us within the 30-day period from the shipment confirmation.

12. CONDITIONS FOR EXERCISING THE CONTRACTUAL RIGHT TO RETURN PRODUCTS

12.1. The contractual right to return products shall apply exclusively to products that can be returned in the same condition in which the customer received them. No refund will be made if the product has been used, including the mere opening of its packaging, or if it has suffered damage; therefore, the customer must be careful with the products while they are in their possession. Please return the item using or including the original intact packaging. You must also include all instructions, labels, documents, and packaging of the products. In any case, you must deliver the duly completed receipt you received at the time of delivery of the product, together with the product to be returned.

13. DEFECTIVE PRODUCTS

13.1. In cases where you consider that the product is not in accordance with the provisions of the contract at the time of delivery, you should contact Syndicato within the two-month legal timeframe via our contact form, describing and demonstrating the details of the product and the damage suffered through images and/or video, or by contacting us via email at encomendas@syndicato.pt, and we will indicate how to proceed.

13.2 If there is visible damage to the outside of the packaging, the customer must REFUSE to accept the damaged shipment from the carrier. If the customer suspects that there may be damage inside the packaging, they must expressly state to the carrier that the order is ACCEPTED SUBJECT TO INSPECTION. No refund will be granted if the packaging has been opened.

13.3. As legally established, instead of cancelling the contract (and the subsequent return of the goods and refund), you may also opt for the replacement of the product or an appropriate price reduction.

13.4. The refund of the price, the replacement of the product, or the appropriate reduction of the price paid for the item shall take place as soon as possible and, in any event, within 30 days.

13.5. Amounts paid for products returned due to any defects will be refunded in full, including delivery costs incurred in shipping the item and the costs you incurred in returning it. The refund must be made using the same means of payment that was used to pay for the purchase, unless otherwise agreed.

13.6. All rights recognized by current law will be safeguarded.

14. FORCE MAJEURE

14.1. We will not be liable for any failure or delay in the performance of any of the obligations we have assumed under a Contract when caused by events outside our control (Force Majeure).

14.2. The concept of Force Majeure shall include any act, event, failure to exercise, omission, or accident that is outside our control, including, but not limited to, the following:

  • General strikes or other forms of protest that significantly affect the country.

  • Civil unrest, revolt, invasion, terrorist attack or threat of terrorism, war (declared or not), or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.

  • Impossibility of using trains, ships, aircraft, motor transport, or other means of public or private transport.

  • Impossibility of using public or private telecommunications systems.

14.3. Our obligations derived from the Contracts shall be considered suspended during the period in which the Force Majeure events persist, and we will benefit from an extension of the time to fulfill such obligations for a period equal to the duration of the Force Majeure events.

14.4. We will use all reasonable means to bring the Force Majeure events to an end or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure events.

15. APPLICABLE LAW AND JURISDICTION

15.1. Any commercial transaction between Syndicato and the customer is subject to Portuguese law.

15.2. This provision does not affect other rights recognized to the consumer by current legislation.

16. ALTERNATIVE DISPUTE RESOLUTION

16.1. In this regard, if the transaction was concluded through our website, we inform you that, in accordance with EU Regulation No. 524/2013, the Customer has the right to attempt to resolve any dispute extrajudicially by accessing the online dispute resolution platform at the electronic address http://ec.europa.eu/consumers/odr/.

16.2. You may consult the updated list of Alternative Dispute Resolution entities available under Article 17 of Law No. 144/2015, of September 8, on the Consumer Portal, at the website www.consumidor.pt.