The purchase of products in E-Commerce in the Magos Online Store is subject to the following general terms and conditions of use and contracting (“General Conditions”):

1. OWNERSHIP OF THE SITE

The site http://www.magos.com.pt/ (hereinafter “Site”) is owned by ComTemp, Ltd. (hereinafter “COMTEMP”), headquartered in Zona Industrial do Entroncamento – 2ª Fase – Lote 11 – Casal Marcos Ferreira 2330-210 Entroncamento, registered in the Commercial Register Conservatory of Entroncamento, under the single registration and taxpayer number 504828487. To clarify any doubts, request additional information or send suggestions, please do not hesitate to contact us through any of the following means

• Email: geral@magos.com.pt
• Telephone: 249 715 257 (call to the national fixed network)
• Mail: at Zona Industrial do Entroncamento – 2ª Fase – Lote 11 – Casal Marcos Ferreira 2330-210 Entroncamento

2. OBJECT AND SCOPE OF APPLICATION

These General Conditions are intended to define the conditions of use and contracting through the Website. These General Conditions apply to visitors of the Website (“Users”) and to any transactions of a commercial nature conducted through the Magos Online Store with consumers (“Customers”). Browsing the Site, as well as the purchase of any product in the Magos Online Store, implies the acceptance of these General Conditions by the User / Customer. COMTEMP reserves the right, at any time, without prior notice and with immediate effect, to unilaterally modify the presentation and configuration of the Site and the conditions required to access and/or use the Site. COMTEMP also reserves the right, at any time, without prior notice and with immediate effect, to unilaterally change, add to or revoke, in part or in full, these General Conditions. Any changes will be immediately disclosed on this same online page, so it is advisable to consult this page regularly to keep up to date.

3. CONDITIONS OF ACCESS AND USE OF THE SITE

Access to the Magos Online Shop is free of charge and does not require prior subscription or registration of the user. The alcoholic beverages available for sale on the Magos Online Store can only be purchased by individuals who have the legal age to do so in their country of residence (18 years in Portugal) and who do not have any impediment and/or legal restriction that prevents them from purchasing alcoholic beverages.

4. INFORMATION ABOUT CONTENT

It is expressly forbidden to copy, reproduce, modify, display, transmit or disseminate any type of content available on the Site for other purposes than strictly personal use. COMTEMP reserves the right to unilaterally modify, at any time and without prior notice, the information and commercial offer presented on products, prices, promotions, terms and services, including any description, image or other information in the catalog of the Online Store Magos. The use of the Site for abusive purposes, and without prior authorization, is susceptible of recourse to the competent legal means by COMTEMP. All contractual information is written in Portuguese, as well as the information of the articles, communications by email and formalization of the sale. This Site may include links to sites operated by third parties. These links are provided solely for the User/Customer’s convenience. COMTEMP is not responsible for the content of any of these third-party sites, namely for the quality, veracity and timeliness of the statements included therein. Access by the User/Customer to any of these third-party sites is conducted at his own risk.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

All elements existing in this website, namely text, images, illustrations, graphics, files, layout, structure, among others, are protected by the legal provisions regarding intellectual property and, in particular, by the scope of copyright protection. These elements may not be copied for commercial use or distribution, nor may they be modified or forwarded to other sites without prior authorization from COMTEMP. This website may also contain images that constitute intellectual property of third parties, which are also subject to the legal provisions applicable to the protection of copyright and intellectual property.

Thus and under the terms of the Copyright and Related Rights Code (approved by Decree-Law n.º 63/85, of March 14, as amended by Decree-Law n.º 100/2017, of August 23), its use will only be authorized for private purposes, without prejudice to more restrictive provisions contained in the aforementioned diploma.

Any total or partial reproduction or representation of the Site or of all or part of the elements included in it is strictly prohibited, under penalty of recourse to the competent legal means against those who act in this way. The corporate names, brands, as well as any distinctive signs reproduced on the Site are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of these distinctive signs is strictly prohibited.

6. OBLIGATIONS OF CUSTOMERS AND USERS

The Client and the User undertake to comply with and respect these General Conditions and, in particular:

1. Make diligent use of the Site;
2.  Not to attack or illicitly use the systems of the Site, not to access information in restricted and unauthorized areas, not to alter the content of the Site, and not to test and/or assess the vulnerability of the system;
3. Refrain from introducing, storing or disseminating through the Site defamatory, obscene, offensive, xenophobic and/or any other content that violates the general principles of law and order;
4. Keep secret the access code(s) and name(s) of the user(s) assigned, in each case, to access the Site or services.

The User and the Client will be liable for damages and losses of any nature that COMTEMP may suffer as a consequence of the breach of any of the obligations to which they are subject under the law.

7. PRIVACY POLICY AND PERSONAL DATA PROTECTION

• Privacy The right to privacy of users / customers is a concern of COMTEMP and so it is guaranteed to respect the privacy rights of all visitors to this site. Users can browse the Magos Online Store anonymously, without providing any personal information. The visit to the Site, by itself, does not involve the registration, automatically, of any personal data that identifies the User / Client. However, COMTEMP may (i) collect information about behaviors on the Site, which are not of a personal nature, to improve the navigability of the Site (in accordance with the Cookies Policy regulated in Clause 8) and (ii) request the provision of personal data from Users/Clients so that they can use certain content, features or services of the Site (under this Clause).
• Responsibility for data processing In compliance with Law n.º 67/98 of 26 October, as amended by Law n.º 103/2015 of 24 August, on the Protection of Personal Data, we inform you that the processing of personal data collected on the Site is the responsibility of COMTEMP. For the period of free withdrawal to be respected, it is sufficient that the communication regarding the exercise of the right of free withdrawal is sent to COMTEMP before the expiration of the withdrawal period. The Customer must return the product(s) without undue delay and no later than 14 (fourteen) days from the day on which he informed COMTEMP of the free termination of the contract, this period being deemed to have been respected if the Customer returns the goods before the end of this 14 (fourteen) day period. The costs of returning the goods will be borne in full by the Customer, except in cases where COMTEMP is responsible for the return. Upon return, the product(s) (including the packaging accompanying the product(s), the labels and the back labels) must remain intact; otherwise, the return will be void. Once we receive the product(s) at COMTEMP’s facilities and after validating its (their) condition, the Customer will be reimbursed for all payments made, including delivery costs (with the exception of additional costs resulting from his (her) choice of a shipping method other than the least expensive normal shipping method offered by us). The refund will be made by the same means of payment used by the Customer in the initial transaction or by bank transfer to the IBAN indicated by the Customer, if the means of payment used does not allow it.

• Collection and processing of data In order to access and use certain functionalities of the Site, namely ordering products online, the User/Customer must previously register, by creating a personal account, which implies the provision of some personal data. The personal data collected will be processed and stored by COMTEMP, or by external entities subcontracted by it, to provide services and are intended to manage the registration of users / customers on the Site and the use of the features of the Online Store Magos, including the processing of orders from users / customers and delivery of products requested by them. The data will also be processed in communication with the Users / Customers, including to respond to requests for information and clarification, complaints, as well as comments or suggestions made by the Users / Customers. The data will also be used for statistical analysis and for direct marketing purposes and dissemination of COMTEMP services, for example by sending newsletters. Thus, depending on the functionality or service desired by the User/Customer, the following personal data may be collected: first and last name, tax identification number, address, postal code, city, telephone number, cell phone number and e-mail. Additionally, COMTEMP will have access to your purchase history and may, if necessary to confirm the payment of the order or resolve any issues arising therefrom, access data relating to financial transactions, provided to Paypal and SIBS. Unregistered Users/Customers may browse freely on the Site and view the products available for order, as well as others made available by COMTEMP (such as, for example, recipes), and may place orders, in which case additional information will be requested, such as tax identification number and delivery address. You can also subscribe to the newsletter of the Online Store Magos, in which case you will be asked for your email address. COMTEMP assumes that the data collected were entered by the respective owner and/or that their insertion was authorized by the same, and that they are true, current and accurate. The Client expressly authorizes COMTEMP to send information about products and services that may be of interest to him/her, using his/her personal data for direct marketing purposes through any communication channel, namely through the use of email, SMS, MMS or other forms of automatic call.
  
  
• Right of access Apart from COMTEMP’s internal use, and for the purposes described above, COMTEMP does not sell, exchange or transfer Users’/Clients’ personal information to third parties. Notwithstanding what is mentioned in the paragraph above, Users/Clients’ personal information may be transferred to external entities, subcontracted to provide certain services and technical assistance. Under the terms provided by law, Users/Customers are guaranteed at all times the right to access, rectify and delete their personal data, as well as the right to oppose the processing of same, directly through their reserved area on the Site or by request addressed to COMTEMP through the contacts mentioned in Clause 1.
  
  
• Security Measures COMTEMP guarantees the confidentiality and security of data provided by Users/Clients of the Site. COMTEMP makes its best efforts to protect the personal data of Users/Clients against unauthorized access via the Internet. To this end, it uses security systems, rules and other procedures to ensure the protection of Users’/Clients’ personal data, as well as to prevent unauthorized access to data, improper use, disclosure, loss or destruction. It is, however, the responsibility of the User/Client to guarantee and ensure that the computer he/she is using is adequately protected against harmful software, computer viruses, worms or other types of computer attacks. Additionally, you should be aware that without the adoption of adequate security measures (for example, the safe configuration of the browser, updated antivirus software, security barrier software and the use of software of doubtful origin), the risk of personal data and passwords being accessed by third parties without authorization is increased. However, please note that whenever data is collected over open networks, such as the Internet, your data may circulate unsecured and there is a risk that it may be viewed and used by unauthorized third parties.
  

8. COOKIE POLICY

• What are cookies? Cookies are small text files automatically stored on the hard drives of Users’/Clients’ computers or mobile devices when they access certain websites. Cookies identify the browser program on the server, enabling the storage of information on the server in order to improve User/Customer experiences. The information collected relates to the browsing preferences of the Users/Clients, namely how the Users/Clients access and use the Site and the part of the country through which they access it, not including, as such, information that identifies them, but merely generic information. Most browsers are set up to accept cookies, although it is possible to set the browser to refuse all cookies or to indicate when a cookie is being sent, as described below. Please note, however, that if you refuse cookies some features of the Site may not function properly.
• Why do we use cookies? In accordance with Law n.º 41/2004 of 18 August, as amended by Law No. 46/2012 of 29 August, this Site may use cookies with the express prior consent of users / customers. The Online Store Magos uses cookies on the Site, as described below. The cookies collected are used exclusively by COMTEMP, directly or through external entities subcontracted by it. The use of cookies aims to improve the performance of the Site and maximize your experience when browsing it, in particular by allowing faster and efficient navigation, eliminating the need to repeatedly enter the same information. Should you have any questions about the terms of operation of the cookies used by COMTEMP, you may contact us through the contacts mentioned in Clause 1.

Cookie management
All browsers allow their users to accept, reject or delete cookies, in particular by selecting the appropriate settings in the respective browser.

Please note, however, that disabling cookies may partially or totally affect the browsing experience on the Site.

The User/Customer can configure the cookies in the “options” or “preferences” menu of their browser. Below are the various ways of disabling cookies, depending on the browser:

Cookie Settings in Internet Explorer to disable cookies in Internet Explorer:

1. Click on the “Tools” menu and choose the “Internet Options” option;
2. Select the “Privacy” tab;
3. Move the bar until the phrase “Block all cookies” appears.

Cookie settings in Mozila Firefox to disable cookies in Firefox:

1. Click on the “Tools” menu;
2. Select “Options”;
3. Click the “Privacy” icon;
4. In the “Cookies” section, disable the “Accept cookies from sites” option;
5. Click “OK” to save the changes and close.

Cookie Settings in Chrome to disable all cookies in Chrome:

• Click “Settings” on the toolbar;
• Click “Show advanced settings.”
• In the “Privacy” section, click “Content Settings”;
• Select the “Block Data Settings by Websites” option.

You can change the following settings in the “Cookies” section:

• delete cookies;
• Block cookies by default;
• Allow cookies by default;
• Keep cookies and Website data by default until you exit the Internet browser;
• Make exceptions for cookies from specific websites or domains.

Cookie Settings in Safari Web and iOS to disable cookies in Safari Web and iOS:

1. Click “Edit.”
2.  Select “Preferences.”
3. In the top panel, select the “Privacy” icon;
4. In the “Accept cookies” section, select “Never”.

Other internet browsers (browser): please look in the “help” menu of your internet browser or contact your provider.

For more information about cookies, please visit www.allaboutcookies.org, where you can find information about how to manage your settings for various browser vendors. If you do not want your website visits to be detected by Google Analytics, please go to http://tools.google.com/dlpage/gaoptout.

9. EXCLUSION OF WARRANTIES AND LIABILITY RELATING TO THE SITE

COMTEMP does not guarantee the availability and continued operation of the Site and services and excludes any liability for damages of any nature that may be due to the lack thereof. COMTEMP reserves the right to refuse or withdraw access to the Site or services, at any time and without prior notice, on its own initiative or that of a third party, to those Customers and Users who fail to comply with these General Conditions and/or the applicable legislation.

10. PLACING AN ORDER ONLINE

To make a purchase on the Magos Online Store the User must register as a Client. Once registered, the Customer can place an order by selecting the desired products. The Client must follow all the steps described on the Site for the order to be successfully completed. The validation of the purchase order assumes that the Client has taken knowledge and expressly accepts these General Conditions. The data recorded by the Online Store Magos are proof of all transactions made between COMTEMP and the Customer. Once you finish your purchase, the Customer will receive an automatic email confirming the transaction. If the data is not correct, you can immediately request a change.

11. PRODUCT AVAILABILITY

The articles on sale in the Magos Online Store are subject to existing stock and orders will be processed on a first come, first served basis. In case of stock shortage, temporary or permanent, the Customer will be duly notified and will be suggested an alternative of products with similar characteristics whenever possible.

12. PRICES

The prices of the products are indicated in Euros (EUR) and include VAT at the legal rate in force. All prices available in the Magos Online Store can be changed without notice and are always subject to out of stock. The prices and promotions on the Magi Online Store are independent of those applied in the physical stores of Magos.

13. SHIPPING FEES

Shipping costs are calculated according to the weight of the products, the destination and the total value of the order. This value is indicated in the shopping cart before the final validation of the order.

14. PAYMENT METHOD

COMTEMP offers the Customer the following payment methods: ATM Reference, Paypal, MbWay and . After receiving the order data, the Customer has 48 (forty-eight) hours to make the payment. If the payment is not made within this period, the order will be cancelled. If you choose to pay by ATM, you will receive an e-mail with the data to make the payment at an ATM or Homebanking service. In the case of payment with Paypal, the debit will be made from the Customer’s account when the order is shipped. The payment method defined as cash on delivery is not available in the Magos Online Store. COMTEMP will use its best efforts to ensure maximum confidentiality and security of data transmitted over the Internet.

15. DELIVERY

Orders will only be shipped after confirmation of stock and payment. Orders will be delivered to the address indicated by the Customer and according to the delivery schedule of the carrier. Home delivery cannot be made to PO Boxes. Orders can be delivered abroad as long as the address is covered by the carrier’s delivery area. COMTEMP is committed to deliver the ordered items as soon as possible. All orders shipped by COMTEMP must be examined by the customer upon receipt. If any irregularity or damage is detected in the product, the Customer must return it to the carrier, justify the reason for the return on the delivery note and inform COMTEMP immediately.

16. RETURNS AND REFUNDS POLICY

The Customer may exercise the right of free resolution under the terms legally provided for and indicated below, namely in Decree-Law n.º 24/2014 of February 14, as amended by Law n.º 47/2014 of July 28. The Customer may exchange or return (contract resolution) the product(s) within 14 (fourteen) calendar days from the date of receipt, without need to state the reason and without payment of compensation. The period of fourteen (14) days starts from the day following the day: (i) on which the Customer or a third party indicated by the Customer other than the carrier acquires physical possession of the product(s) or in the case (ii) on which the Customer or a third party indicated by the Customer other than the carrier acquires physical possession of the last product where the Customer has ordered several goods in a single order and the goods are delivered separately. In order to exercise its right of free withdrawal, the Customer shall communicate its decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post, fax or e-mail) to the contact details set out above in Clause 1.

17. APPLICABLE LAW AND JURISDICTION

All purchases made on the Site are subject to Portuguese law. Any conflict or divergence of interpretation of the General Conditions will be submitted to the Judicial Court of Entroncamento. Should the Customer be located outside mainland Portugal, COMTEMP hereby informs that any legal proceedings must be referred to the Portuguese courts. The present General Conditions were updated on the 8th of February 2018.