General Terms and Conditions

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1. Purpose

1.1 These General Conditions, updated in November 2020, are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of Select Moment's Online Store Service , Lda., Headquartered at Rua dos Mourões 1249 4410-137 São Félix da Marinha, under the unique registration number and legal person identification number 509317910, with the share capital € 5,000.00, hereinafter referred to as Select Moment, which can be contacted through the following means:

a) Personal contact at the physical store located at R. 12 617, 4500-227 Espinho;

b) Telephone: 22 732 2207

c) E-mail: selectmoment@gmail.com

1.2 The purchase of any product in the Select Moment Online Store implies acceptance of these General Online Sales Conditions.

1.3 Any and all alcoholic beverages available for sale in the Select Moment Online Store can only be purchased by people of legal age, in their country of residence. However, it is not always possible to determine the age of the people who access and use the SelectMoment Online Store. In this sense, if a minor provides his data without the consent of the responsible, we ask them to contact SelectMoment so that this information can be removed and all future communications with the minor can be avoided.

2. Products, Prices and Contents

2.1 Select Moment reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

2.2 2.2 Occasionally, there may be information on our website or on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time and without prior notice (even after the user has sent your order).

2.3 The images that illustrate each product in Select Moment may differ from the product subsequently delivered, and these same products are also subject to stock rupture.

2.4 Despite the diligence undertaken by Select Moment, there may be differences between the advertised price and the effective price of the product produced, so the prices presented in the online store are merely indicative and do not constitute a contractual proposal.

In case of divergence, Select Moment adopts the following procedure:

• If the effective price of the product is lower than the advertised price, Select Moment will refund the difference;

• If the price is higher, Select Moment will inform the customer of such situation by e-mail and wait for their decision to accept the new price or cancel the order within 15 days from the date the e- mail.

2.5 Under Portuguese law, all prices shown at Select Moment, Lda. Include the respective VAT rates in force, unless otherwise stated.

2.6 The prices and promotions published in the SelectMoment Online Store may not be applicable to physical stores: SelectMoment Espinho. (Note: the prices charged in the online store are generally higher than the physical store, due to payment processing and order handling costs - handling, etc.)

3. Order and Payment

3.1 After confirming the order at Select Moment, an email will be sent to the contact address registered by the customer at the time of formalization, with all details about delivery, billing, payment information, products and values.

Select Moment suggests to all customers to confirm the details of the same. If the customer does not receive the order confirmation e-mail, he is asked to contact Select Moment through the following contacts so that this notification is sent again to the customer's e-mail address.

3.2 If any of the details placed by the customer in the order are wrong and / or the customer wants to change some information, as long as the order has not yet been shipped, the customer is asked to contact him through the following contacts as soon as possible so that the change requested by the customer is made internally. Changes to the details of orders already shipped will have to be analyzed by the Select Moment team so that, together with the customer, a more appropriate solution can be found.

3.3 All orders at Select Moment will only be processed after payment confirmation. The formalization of the order alone does not constitute a reservation of the products.

3.4 The formalization of the order alone does not constitute a reservation of the products. If an order cannot be fulfilled in part or in whole

Accordingly, the customer will be immediately contacted by Select Moment in order to find the most suitable solution.

3.5 All orders placed at Select Moment have a maximum payment period of 15 days. After this period, the order will be automatically canceled.

3.6 We reserve the right to refuse any request that the user makes to us. We may, at our own discretion, limit or cancel the number of products per person, per household or per order. Such restrictions may include orders placed on the same customer account, on the same credit card, and / or orders that use the same invoice and / or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by merchants, resellers or distributors.

3.7 Orders may be canceled when expressly requested by the customer through one of the following contacts, before shipments of orders. After confirming the shipment of the order, the customer is asked to contact Select Moment so that, together with it, the most appropriate solution can be found.

3.8 Through the SelectMoment Online Store, payments are accepted through an ATM reference.

3.9 The order statuses at SelectMoment are comprised of 4 states: Payment Pending, Paid, Dispatched and Canceled.

a) Pending Payment - Waits for payment to enter the SelectMoment system;

b) Paid - Phase in which payment has already been received, and the order is being processed and in packaging / preparation;

c) Shipped - The order has already been shipped / shipped.

d) Canceled - The order has been canceled.

3.10 If an already paid order has been canceled, the customer will be contacted immediately by SelectMoment in order to find the most suitable method for refunding.

3.11 Payments are received in euros, regardless of the currency in which the transaction is made, the conversion rates for payments made in other currencies must be borne by the customer.

3.12 In some cases, our customer support department may request documents in order to proceed with the order processing.

4. Shipping costs

4.1 The prices shown on the products are increased by the respective shipping costs, for each order, which are calculated based on the cost of transportation.

4.2 The shipping cost depends on the weight of the order, the size of the package and the respective delivery destination.

4.3 This shipping cost can be simulated inside the shopping cart with the desired products added and filling in all the requested fields of the simulator.

4.4 The total postage will also be automatically calculated when placing your order on the Online Store.

4.5 It should be noted that the factors in this calculation may vary and change without prior notice.

5. Shipments and Deliveries / Pick-up in Select Moment Physical Store

5.1 For orders to be sent to the requested address, one of the following shipping options must be chosen - “Express Delivery (with insurance)” or “Home Delivery Radius 10km (free for orders over 20 €)”.

5.2 The option “Home Delivery Radius 10km (free for orders over € 20)” is only eligible for orders that simultaneously meet the following criteria:

a) The delivery address is at a distance equal to or less than 10 kilometers from the address of the SelectMoment Espinho store (Rua 12, nº617, Espinho);

b) The total value of the order is equal to or greater than € 20.

5.3 If the user selects the option “Home Delivery Radius 10km (free for orders over 20 €)” and the conditions mentioned here are not met, SelectMoment reserves the right to cancel the order.

5.4 In general, after dispatch, an order at SelectMoment takes time to be delivered:

a) 72 hours in Mainland Portugal;

b) Between 5 to 9 working days in Madeira and Azores Islands;

c) About 4 working days in Peninsular Spain;

d) About 6 working days in the rest of Europe;

e) Approximately 7 to 15 working days in the rest of the world.

5.5 After the orders are dispatched, a notification is sent to the customer via e-mail with the link information for monitoring the shipment. If for any reason the customer does not receive the shipment confirmation, he must contact SelectMoment through selectmoment@gmail.com so that all the information about the shipment of the order is made available.

5.6 After the shipment notification, customers must follow the status of the shipment through the link provided by SelectMoment, so that they are aware of the progress status up to the time of delivery of the order, since SelectMoment does not notify each change of shipping status. If, for any reason, it is not possible to access the follow-up link, you should contact SelectMoment through selectmoment@gmail.com so that all information about the order dispatch is available.

5.7 All products sent by Select Moment must be checked upon delivery. If the customer finds that the order is damaged, he must return it immediately, duly justify the reason for the return on the carrier's delivery note and immediately notify Select Moment through selectmoment@gmail.com.

5.8 If, after delivery, the customer finds that any of the items is not in conformity, he is asked to immediately contact SelectMoment through selectmoment@gmail.com indicating the order number or the document number that accompanied the order , attaching images of the packaging as received and of all articles, so that the process of investigating the occurrence can be opened internally and in this way the situation can be resolved as soon as possible.

5.9 SelectMoment is not responsible for shipments made to countries where the respective law does not allow the entry of alcoholic beverages. It is the customers' responsibility to seize the respective orders, as well as to pay customs fees, if any. In case of product return, SelectMoment will refund only the respective amount for these same products. In case of doubt, the customer may contact SelectMoment before ordering.

5.10 SelectMoment has contracted services with specialized carriers for the purposes of deliveries in Portugal, Europe and most countries in the world. Every effort is made to meet the shipping and delivery deadlines, however it should be noted that the possible delays in delivery may be beyond the control of SelectMoment, and it is not possible, in these cases, to guarantee exact delivery times.

5.11 Most deliveries are made during business hours on working days at the shipping address indicated by the customer when submitting the order.

5.12 In the event of an unsuccessful delivery attempt by the transport company due to absence, a transit notice is always left in the customer's mailbox with the carrier's instructions. Depending on the service and the carrier, orders must be collected at the location indicated by the same in the passage notice, or the indications requested in the same notice must be followed.

5.13 If for any reason the customer cannot receive the order or pick it up at the location indicated by the carrier, the customer is asked to contact SelectMoment so that together they can find the most suitable solution.

5.14 Before submitting the order, if the customer intends to pick it up at our store, he must select the shipping option '' Pick up at store (Espinho) '' - the SelectMoment Espinho store, located at Rua 12, nº617 will be automatically assumed , 4500-227 Espinho.

a) Only the person whose name is described on the order form will be authorized to pick up the order, unless the person informs the SelectMoment in advance that another person (identifying the name) will pick up the order.

b) In-store pick-up orders may take 1 business day to be processed, all customers are notified via e-mail when they are available to be collected and what is the time window for making the pickup (which generally corresponds to the opening hours physical store).

c) When going to the physical facilities of SelectMoment Espinho, the customer must accompany the order confirmation / number, ensuring that he has received our order confirmation notification available for collection, and thus avoid unnecessary travel.

5.15 Before submitting the order, if the customer wants to pick it up in the city of Porto, at a partner store, he must select the shipping option '' Pick up at partner (Porto) '' - the Garrafeira Fine store will be automatically assumed Buze, located at Largo do Priorado nº30, 4050-109 Porto

b) Orders for pick-up at a partner store may take up to 5 business days to be processed, all customers are notified via email when they are available to be collected and what is the time window for picking (which generally corresponds to the physical store hours).

c) When going to the physical facilities of Garrafeira Fine Buze, the customer must accompany the order confirmation / number, ensuring that he has received our order confirmation notification available for collection, and thus avoid unnecessary travel.

6. Right of withdrawal

6.1 Select Moment recognizes to all its customers the right to terminate the contracts they enter into, allowing them to return, within 14 (fourteen) days, of the products purchased under the terms of Decree-Law no. 24/2014, of 14 February.

6.2 For exchanges or returns, the customer is requested to contact Select Moment by e-mail selectmoment@gmail.com indicating the order number or the accompanying document, taking into account the conditions described below in the following topics:

a) In order to return the order, the product must be in perfect condition, and if applicable with its original packaging, accessories or promotional offers included, and accompanied by proof of purchase or invoice.

b) The return of defective products and erroneous shipments will be accepted, with Select Moment being responsible for the costs of shipping and collection whenever the customer communicates this circumstance within 14 (fourteen) days from the date of receipt of the product.

c) Once the goods are received at our facilities and after validating their status accordingly, the value will be returned according to the payment method made by the customer, or another solution previously agreed with the same .

6.3 SelectMoment assumes responsibility for defects of origin or raw material of the purchased product and if confirmed by the respective supplier of the SelectMoment product, the product will be exchanged or returned at no cost to the customer.

6.4 Select Moment will not accept the return of the product after it has been used, or if it has been altered or modified.

6.5 Select Moment is not responsible for deficiencies resulting from misuse, neglect, poor storage conditions or causes of force majeure.

7. Applicable law

7.1 All purchases made on the Select Moment website are subject to Portuguese law. Any conflict or divergence in the interpretation of the General Conditions of Sale Online will be submitted to the competent Portuguese Court.

7.2 If the Client is outside of mainland Portugal, Select Moment informs that any judicial process must be initiated exclusively in the Portuguese Courts.

7.3 Under the terms and for the purposes of the provisions of art. 18 of Law No. 144/2015, of 8 September, it is hereby informed that the available ADR entity is the Center for Arbitration of Consumer Conflicts in Porto, with the following contacts:

a) Rua Damião de Góis, 31, Shop 6, 4050-225, Porto

b) Telephone: +351 22 550 83 49 / +351 22 502 97 91

c) Fax: +351 22 502 61 09

d) E-mail: cicap@cicap.pt

e) Telephone from the Directorate-General for Consumers: 213 564 600

f) Website: http://arbitragemdeconsumo.org

8. Changes to these Terms and Conditions

8.1 These general online sales conditions may be changed without notice, and must therefore be consulted before placing any order.

9. Optional tools

9.1 We may give you access to third party tools that we do not monitor and have no control over.

9.2 The user acknowledges and agrees that SelectMoment provides access to such tools "as is" and "subject to availability" without any guarantees, representations or conditions of any kind and without any endorsement. SelectMoment is in no way responsible for the use of optional third party tools.

9.3 Any use of optional tools offered through the website is entirely at the user's risk and risk, as well as knowledge and approval of the terms of the tools that are provided by a third party supplier (s).

9.4 SelectMoment may, in the future, offer new services and / or resources through the website (including the launch of new tools and resources). Such new features and / or services must also be subject to these General Terms and Conditions of Use.

10. Third Party Links

10.1 Certain products, content and services available through our Service may include materials from third parties.

10.2 Third party links on this site may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy. We do not guarantee and have no obligation or responsibility for any third party materials or websites, or for any other third party materials, products or services.

10.3 We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please carefully review third party policies and practices and make sure that the user understands them before making any transactions. Complaints, complaints, concerns or questions regarding third party products should be directed to the third party.

11. Comments, Feedback, User Etc.

11.1 If, at our request, the user sends certain specific items (for example, participation in a contest), or without our request, the user sends creative ideas, suggestions, proposts, plans, or other materials, whether online, by email, by mail, or otherwise (collectively called 'comments'), you agree that we can, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you submit to us. We are not responsible for: (1) keeping any comments confidential; (2) indemnify for any comments; or (3) respond to any comments.

11.2 We may, but are under no obligation, to monitor, edit or remove content that we determine in our sole discretion to be against the law, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable or that violates the intellectual property of others or these General Terms and Conditions of Use.

11.3 You agree that your comments will not violate any third party right, including copyright, trademark, privacy, personality or other personal or proprietary rights. You agree that your comments will not contain defamatory, illegal, abusive or obscene material. They will also not contain any computer viruses or other malware that could affect the operation of the Service or any related website. The user may not use a false email address, pretend to be someone other than himself, or otherwise mislead us or third parties as to the source of any comments. The user is solely responsible for any comments the user makes and for their accuracy. We assume no responsibility or liability for any comments posted by the user or any third party.

12. Personal information

12.1 The sending of your personal information through the store is governed by our PRIVACY POLICY & COOKIES SELECTMOMENT, LDA. See our PRIVACY POLICY & COOKIES SELECTMOMENT, LDA.

13. Prohibited Uses

13.1 In addition to other prohibitions, as set out in the General Terms and Conditions of Use, the user is prohibited from using the website or the content for: (a) unlawful purposes; (b) requesting other people to perform or participate in any unlawful acts; (c) violate any international, provincial, state or federal regulations, rules, laws or local regulations; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, damage, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) presenting false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collect or track other people's personal information; (i) to send spam, phishing, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. Disclaimer of Warranties; Limitation of Liability

14.1 We do not guarantee, represent or justify that your use of our service will be timely, safe, without errors or interruptions.

14.2 We do not guarantee that the results that can be obtained by using the service will be accurate or reliable.

14.3 The user agrees that from time to time, we may remove the service for indefinite periods of time or cancel at any time, without notifying you.

14.4 You agree that your use or inability to use the service is at your own risk. The service and all products and services delivered through the service are, except as stated by us) provided without warranty and subject to availability for your use, without any representation, warranties or conditions of any kind, express or implied, including all warranties implied or commercial conditions, quantity, suitability for a specific purpose, durability, title, and non-infringement.

14.5 Under no circumstances will SELECTMOMENT, LDA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, loss, claim or damage, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based on contract, wrongful act (including negligence), strict liability or d

posts, plans, or other materials, whether online, by email, by mail, or otherwise (collectively called 'comments'), you agree that we can, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you submit to us. We are not responsible for: (1) keeping any comments confidential; (2) indemnify for any comments; or (3) respond to any comments.