Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website located at www.johnnygrape.com (the “Website”) and the purchase of products through it. The Website is owned and operated by Fizzyhorizon, Unipessoal Lda., a company incorporated under Portuguese law, with registered address at Aldeamento de Porches Lote 22B, 8400-498 Porches, Portugal, NIF 519 348 524 (hereinafter referred to as “Johnny Grape”, “we”, “us”, or “the Company”).

By accessing or using this Website, or by placing an order through it, you confirm that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use this Website or place any order through it.

These Terms apply to all users of the Website, including browsers, customers, and any other persons who access the Website for any purpose. These Terms should be read alongside our Privacy Policy, Cookie Policy, and Copyright & Intellectual Property Notice, all of which form part of the legal framework governing your use of this Website.

We reserve the right to amend these Terms at any time. Any changes will be published on this page with an updated “Last updated” date. Your continued use of this Website following any such amendment constitutes your acceptance of the revised Terms. It is your responsibility to check this page periodically for updates.

2. Legal Compliance and Regulatory Framework

These Terms are governed by and construed in accordance with the laws of Portugal and the applicable law of the European Union. The following legal instruments, among others, apply to transactions conducted through this Website:

• EU Consumer Rights Directive (Directive 2011/83/EU), as transposed into Portuguese law by Decree-Law No. 24/2014 of 14 February 2014, as amended
• EU E-Commerce Directive (Directive 2000/31/EC), transposed into Portuguese law by Decree-Law No. 7/2004 of 7 January 2004
• EU Unfair Commercial Practices Directive (Directive 2005/29/EC)
• EU General Product Safety Regulation (Regulation (EU) 2023/988), effective 13 December 2024
• EU Digital Services Act (Regulation (EU) 2022/2065), effective 17 February 2024
• General Data Protection Regulation (Regulation (EU) 2016/679 — GDPR)
• Portuguese Consumer Protection Act (Lei de Defesa do Consumidor, Law No. 24/96 of 31 July 1996, as amended)
• Portuguese Civil Code (Código Civil)
• Portuguese Commercial Code (Código Comercial)
• EU VAT Directive (Directive 2006/112/EC) and applicable Portuguese VAT legislation
• Portuguese Alcohol and Spirits Legislation, including applicable excise duty regulations

3. Age Restriction and Eligibility

3.1 Minimum Age Requirement

This Website sells alcoholic beverages. You must be of legal drinking and purchasing age in your country of residence and in the country from which you are placing your order to use this Website or purchase any products from it. In Portugal and throughout the European Union, the legal minimum age for the purchase of alcohol is 18 years. In other jurisdictions, the minimum age may differ — it is your responsibility to know and comply with the laws of your country.

By accessing this Website, placing an order, or clicking to confirm your age, you represent and warrant that:

• You are at or above the legal drinking and purchasing age in your country of residence and in the country to which the order is to be delivered
• You are not purchasing alcohol for or on behalf of any person who is below the legal purchasing age
• You understand that the sale of alcohol to persons below the legal age is a criminal offence in Portugal and in most jurisdictions worldwide

3.2 Age Verification

We operate an age verification process as part of our checkout and order fulfilment procedures. We reserve the right to request documentary proof of age from any customer at any time, including at the point of delivery. If we are unable to verify your age, or if we have reasonable grounds to believe that you are below the legal purchasing age, we reserve the right to refuse your order, cancel any transaction, and decline delivery of any products ordered.

Delivery personnel acting on our behalf are authorised to request proof of age at the point of delivery and to refuse to hand over any package containing alcoholic beverages if the recipient cannot demonstrate they are of legal purchasing age. Packages will not be left unattended at delivery addresses.

3.3 False Declaration of Age

Providing a false declaration of age, or purchasing alcohol for the purpose of supplying it to a person below the legal age, is a criminal offence. We will cooperate fully with law enforcement authorities in any investigation arising from suspected violations of age restriction laws.

3.4 Geographic Restrictions

The sale and delivery of alcoholic beverages is subject to legal restrictions in certain countries, regions, and territories. We are not able to ship to all destinations. It is your responsibility to ensure that the import of alcoholic beverages into your country or region is lawful. We reserve the right to refuse orders to, or cancel orders destined for, any jurisdiction where the sale or importation of alcohol is restricted or prohibited. Any costs, taxes, duties, or penalties arising from attempted importation into a restricted jurisdiction are your sole responsibility.

4. Account Registration and Security

4.1 Creating an Account

You may purchase from this Website as a guest or by creating a registered account. If you create an account, you agree to provide accurate, complete, and current information and to keep such information up to date at all times.

You must be at least 18 years old to register an account on this Website. By registering, you confirm that all information you provide is truthful and accurate.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You must not share your account credentials with any other person or allow any other person to access your account. You are responsible for all activities that occur under your account, whether or not authorised by you.

You agree to notify us immediately at
[email protected]
if you become aware of any unauthorised access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with these account security obligations.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time and without prior notice if we have reason to believe that you have:

• Violated these Terms or any applicable law
• Provided false, inaccurate, or misleading information
• Engaged in fraudulent, abusive, or harmful behaviour
• Failed to comply with our age verification requirements
• Engaged in conduct detrimental to our business, reputation, or other users

5. Products, Pricing, and Availability

5.1 Product Descriptions

We take reasonable care to ensure that product descriptions, specifications, images, tasting notes, and other information displayed on this Website are accurate at the time of publication. However, we do not warrant that product descriptions or other content on this Website are entirely accurate, complete, current, or error-free.

Product images are for illustrative purposes only. The actual appearance, label, packaging, vintage year, or presentation of a product may differ from the image shown, particularly for limited edition, rare, vintage, or collector items. Any such variations do not constitute grounds for cancellation or a claim against us unless they constitute a material defect in the product.

Tasting notes, flavour descriptions, and editorial content published on this Website represent the opinions of our writers and tasters and are provided for informational purposes only. They do not constitute a guarantee of any particular sensory experience.

5.2 Pricing

All prices displayed on this Website are shown in Euros (€) and include applicable Value Added Tax (VAT) at the rate current at the time of display, unless otherwise stated. Prices are subject to change at any time without prior notice. The price applicable to your order will be the price displayed at the time you place your order, subject to Section 5.3 below.

Delivery charges are not included in product prices and will be clearly displayed separately during the checkout process before you confirm your order.

We are under no obligation to provide products at an incorrectly listed price. If a pricing error is identified before or after your order is confirmed, we will notify you as soon as reasonably practicable and offer you the option to proceed at the correct price or to cancel your order and receive a full refund. If we are unable to contact you, we will cancel the order and issue a full refund.

5.3 Pricing Errors

Despite our reasonable efforts to maintain accurate pricing, errors may occur. If we discover a pricing error in respect of any product you have ordered:

• We will contact you by email as soon as reasonably practicable
• You will be offered the choice to reconfirm your order at the correct price, or to cancel the order entirely
• If you choose to cancel, or if we are unable to reach you within a reasonable period, we will cancel the order and issue a full refund of any payment taken

We are not obliged to honour an incorrectly priced order and reserve the right to cancel such orders at any time prior to despatch, even if a confirmation email has been sent.

5.4 Availability

All products are offered subject to availability. If a product you have ordered becomes unavailable after your order is placed, we will notify you promptly and offer you:

• An alternative product of equivalent or greater value, subject to your acceptance
• A full refund of the amount paid for the unavailable product, including any pro-rated delivery charge

We do not guarantee the continued availability of any product listed on this Website and reserve the right to withdraw any product from sale at any time without prior notice.

5.5 Quantity Limits

We reserve the right to impose quantity limits on orders of specific products, particularly limited edition, rare, or high-demand products. We may reject or reduce orders that exceed any applicable quantity limit, and we may restrict multiple orders to the same delivery address or account where we have reason to believe that quantity limits are being circumvented.

6. Placing an Order and Contract Formation

6.1 The Order Process

Your order constitutes an offer to purchase products from us on these Terms. The following steps form our order process:

• You add products to your basket and proceed to checkout
• You enter your delivery and payment details and review your order summary
• You click the final confirmation button to submit your order
• You receive an automated order acknowledgement email confirming receipt of your order

Important: The order acknowledgement email confirms that we have received your order. It does not constitute acceptance of your order or formation of a binding contract.

6.2 Contract Formation

A binding contract between you and Fizzyhorizon, Unipessoal Lda. is formed only when we send you a despatch confirmation email confirming that your order has been processed and that the products have been despatched. The contract relates only to the products confirmed in the despatch notification.

We reserve the right to decline or cancel any order at any time prior to despatch, including after an order acknowledgement email has been sent, without liability to you, in the following circumstances:

• The product is out of stock or no longer available
• A pricing error or description error has been identified
• We are unable to verify your age, identity, or payment details
• We have reason to suspect fraud, abuse, or a violation of these Terms
• We are unable to deliver to your specified address
• We are restricted from supplying alcohol to your jurisdiction

In the event of cancellation prior to despatch, we will issue a full refund of any payment received.

6.3 Electronic Communications and Contracts

You consent to receive all communications from us electronically, including order confirmations, despatch notifications, invoices, and legal notices. You agree that electronic communications and contracts satisfy any legal requirement that such communications be in writing. Records of your orders and transactions will be retained by us and are available to you on request.

7. Payment

7.1 Accepted Payment Methods

We accept payment by the methods displayed during the checkout process. All payment methods are subject to validation, authorisation, and fraud screening. By submitting your payment details, you confirm that you are the authorised holder of the payment method used and that sufficient funds or credit are available.

7.2 Payment Security

All payment transactions are processed through secure, encrypted payment processing systems. We do not store your full card details on our servers. Payment card data is processed in compliance with applicable Payment Card Industry Data Security Standards (PCI DSS).

7.3 Payment Authorisation

By placing an order, you authorise us to charge the total order value (including VAT and delivery charges) to your specified payment method. Payment is taken at the time of order confirmation. If your payment is declined or fails authorisation, your order will not be processed and we will notify you by email.

7.4 Fraud Prevention

We reserve the right to carry out fraud and security checks on all orders. We may delay or refuse to process orders where we have reasonable grounds to suspect fraudulent or unauthorised activity. If we suspect fraud, we may report the matter to relevant law enforcement authorities and take appropriate legal action.

7.5 Currency and Taxes

All transactions are processed in Euros (€). If you are purchasing from outside the Eurozone, your bank or card provider may apply currency conversion charges or fees, for which we are not responsible.

VAT is applied to all orders in accordance with applicable EU and Portuguese law. For orders delivered outside the EU, VAT may not apply, but import duties, excise taxes, and customs charges may be levied by the destination country — see Section 10 for further details.

8. Delivery

8.1 Delivery Territories

We deliver to specified territories as displayed on our Website. Delivery availability, timescales, and charges vary by destination and are set out on our Delivery Information page. We reserve the right to withdraw delivery to any territory at any time.

8.2 Delivery Timescales

Estimated delivery timescales are provided for guidance only and do not constitute a guarantee of delivery by any particular date. Delivery timescales may be affected by factors outside our control, including carrier delays, customs processing, adverse weather, and public holidays. We will not be liable for any loss or inconvenience caused by delivery delays beyond our reasonable control.

8.3 Delivery Address

It is your responsibility to ensure that the delivery address provided at checkout is accurate and complete. We are not responsible for non-delivery or misdelivery resulting from an incorrect, incomplete, or inaccessible delivery address provided by you. If a redelivery attempt is required due to an error in the delivery address, we may charge you the cost of redelivery.

8.4 Age Verification at Delivery

All deliveries of alcoholic beverages require age verification at the point of delivery. The recipient must be of legal purchasing age and must present valid government-issued photographic identification if requested by the delivery person. Packages will not be left unattended, at a neighbour’s address, or in a safe place. If age cannot be verified at delivery, the package will be returned to us and we will contact you to arrange a further delivery attempt.

If delivery cannot be completed after reasonable attempts due to failure to verify age or failure to take receipt, your order may be cancelled and a refund issued less any delivery and return costs incurred by us.

8.5 Risk and Title

Risk in the products passes to you upon delivery. Title (ownership) to the products passes to you upon receipt of full payment. Until title passes, the products remain the property of Fizzyhorizon, Unipessoal Lda.

8.6 Packaging

All products are packaged to minimise the risk of damage in transit. Alcoholic beverages are fragile goods and, despite our best efforts, occasional breakage may occur. Please inspect your order upon delivery and report any damage immediately in accordance with Section 13 of these Terms.

9. Right of Withdrawal and Cancellation

9.1 Your Right of Withdrawal

In accordance with the EU Consumer Rights Directive (Directive 2011/83/EU), as transposed into Portuguese law, you have the right to withdraw from your purchase contract within 14 calendar days of the date on which you, or a third party nominated by you (other than the carrier), take physical possession of the goods (“the Withdrawal Period”), without giving any reason.

To exercise your right of withdrawal, you must notify us of your decision to withdraw before the end of the Withdrawal Period by sending a clear, unambiguous statement to us at:

Email:
[email protected]
Post: Fizzyhorizon, Unipessoal Lda., Aldeamento de Porches Lote 22B, 8400-498 Porches, Portugal

You may use the model withdrawal form set out in Annex A to these Terms, but this is not obligatory. It is sufficient to send your withdrawal notification before the end of the Withdrawal Period.

9.2 Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to, and you will not be entitled to withdraw from a contract for, the following categories of products:

• Goods that are liable to deteriorate or expire rapidly
• Sealed goods that have been unsealed after delivery and are therefore unsuitable for return for hygiene or health protection reasons
• Goods that have been personalised or made to your specific requirements
• Limited edition, rare, or specially allocated products where this has been clearly indicated at the point of purchase

Please note that the majority of wine and spirits products sold on this Website are not perishable and are therefore subject to the standard 14-day withdrawal right unless otherwise specified at the time of purchase.

9.3 Effects of Withdrawal

If you withdraw from your contract, we will reimburse all payments received from you, including standard delivery costs (but not any supplementary delivery costs arising from your choice of a delivery option other than the least expensive standard delivery we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw.

We will carry out the reimbursement using the same payment method you used for the original transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the returned goods, or until you have provided evidence that you have sent back the goods, whichever is earlier.

9.4 Returning Goods Following Withdrawal

You must return or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal to us.

The cost of returning goods following withdrawal is borne by you, unless the goods were delivered in error or were faulty or defective. Goods must be returned in their original, unopened condition and in their original packaging. We reserve the right to make a deduction from the reimbursement for any diminishment in value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

You are responsible for ensuring that returned goods are adequately packaged and insured for transit. We will not be responsible for goods lost or damaged during return transit.

9.5 Cancellation Before Despatch

You may cancel an order at any time before it has been despatched by contacting us at
[email protected].
If your order has already been despatched at the time of your cancellation request, you will need to follow the returns process set out in this Section.

10. International Orders, Customs, and Import Duties

10.1 Customer Responsibility

When you order products for delivery outside of Portugal or the European Union, you are the importer of record. You are solely responsible for ensuring that the importation of alcoholic beverages is lawful in the destination country and for complying with all applicable laws, regulations, and import restrictions.

10.2 Customs Duties and Import Taxes

Orders delivered outside the European Union may be subject to customs duties, import taxes, excise duties, and other charges levied by the destination country’s authorities. These charges are entirely your responsibility and are not included in our product prices or delivery charges. We have no control over these charges and are unable to predict their amount. You should contact the relevant customs authority in your destination country before placing an order if you are uncertain about applicable import charges.

10.3 Delays at Customs

Customs clearance procedures may cause delays beyond our estimated delivery timescales. Such delays are outside our control and we will not be liable for them.

10.4 Refusal or Seizure by Customs

If customs authorities refuse entry of or seize any products you have ordered, we are not responsible for any resulting loss, and no refund will be issued unless the products are returned to us in their original condition. We may, at our discretion, assist you in pursuing any claim against the relevant authorities but are under no obligation to do so.

11. Pricing, VAT, and Excise Duty

11.1 VAT

Prices displayed on this Website include Portuguese VAT at the applicable rate. VAT receipts or invoices are available on request. For orders delivered outside the EU, VAT will be removed at the checkout stage where applicable, subject to applicable regulations.

11.2 Excise Duty

The prices of alcoholic beverages displayed on this Website include applicable Portuguese excise duty. Excise duty rates are set by the Portuguese and EU authorities and are subject to change. Any increase in excise duty imposed after the date of your order but before despatch may be reflected in the final price charged, and we will notify you of any such change before processing your order.

11.3 Price Changes

We reserve the right to change the prices of any products at any time. Price changes will not affect orders that have already been confirmed by despatch notification.

12. Promotions, Discount Codes, and Gift Cards

12.1 Promotions

Promotional offers displayed on this Website are subject to availability and may be withdrawn at any time without prior notice. Promotions are not transferable and cannot be combined with other offers unless expressly stated. We reserve the right to limit the quantity of promotional products available to any one customer or household.

12.2 Discount Codes

Discount codes are subject to any terms and conditions communicated at the time of issue. Only one discount code may be used per order unless otherwise stated. Discount codes are non-transferable, have no cash value, and may not be resold or exchanged. We reserve the right to withdraw or invalidate any discount code at any time without prior notice if we have reason to believe it is being used fraudulently or in breach of its terms.

12.3 Gift Cards and eVouchers

Gift cards and eVouchers issued by Johnny Grape are subject to their own terms and conditions, which will be communicated at the time of issue. Gift cards and eVouchers have no cash value, are not redeemable for cash, and are non-transferable unless otherwise stated. Expired or lost gift cards will not be replaced or refunded except as required by applicable law.

13. Faulty, Damaged, or Incorrect Goods

13.1 Damaged Goods

If you receive goods that have been damaged in transit, you must notify us at
[email protected]
within 48 hours of delivery. Please retain all packaging and provide photographic evidence of the damage to assist with any claim against our carrier. We will arrange for a replacement to be despatched or a refund to be issued as appropriate.

13.2 Incorrect Goods

If you receive goods that do not match your order, you must notify us within 48 hours of delivery. We will arrange for the correct goods to be despatched and for collection of the incorrect goods at no cost to you.

13.3 Defective Products

If you discover a defect in any product after delivery, you have the following rights under applicable Portuguese and EU consumer protection law:

• Short-term right to reject: You may reject the goods and claim a full refund within 30 days of delivery if the goods are faulty or do not conform to the contract
• Repair or replacement: After the 30-day period, you may request a repair or replacement within two years of delivery
• Price reduction or final right to reject: If repair or replacement is not possible or is not carried out within a reasonable time, you may claim a price reduction or a full refund

Defects or damage caused by your own actions or negligence, improper storage, or normal wear and tear do not entitle you to these remedies.

13.4 Notification Procedure

To report a fault, damage, or incorrect delivery, please contact us at
[email protected]
with your order number, a description of the issue, and photographic evidence where possible. We aim to respond to all such notifications within 3 working days.

14. Our Liability

14.1 General Limitation

To the fullest extent permitted by applicable law, our liability to you in connection with any order or these Terms is limited to the total amount paid by you for the specific order giving rise to the claim.

We are not liable for any:

• Loss of profits, revenue, business, or anticipated savings
• Loss of data or goodwill
• Indirect, consequential, or special losses
• Losses arising from events outside our reasonable control

14.2 Mandatory Consumer Rights

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any breach of the obligations implied by applicable Portuguese and EU consumer law that cannot lawfully be excluded
• Any other liability that cannot be excluded or limited under applicable law

14.3 Product Liability

Nothing in these Terms excludes or limits any liability we may have to you under applicable product liability legislation, including the Portuguese Product Liability Act (Decree-Law No. 383/89 of 6 November 1989) and applicable EU product safety regulations.

14.4 Responsible Consumption

Alcoholic beverages must be consumed responsibly and in moderation. We do not accept any liability for any harm, injury, or adverse effect arising from the consumption of alcoholic beverages sold through this Website, including but not limited to health effects, adverse reactions to alcohol or allergens, or impairment of judgement or motor function.

15. Responsible Drinking and Alcohol Warnings

We are committed to promoting responsible consumption of alcohol. By purchasing from this Website, you acknowledge that:

• Alcohol should be consumed in moderation
• Alcohol consumption is not recommended for pregnant women, people under the legal drinking age, individuals operating machinery or vehicles, individuals taking medication, or individuals with certain health conditions
• Excessive alcohol consumption can be seriously harmful to health
• Drink-driving is illegal and dangerous in all jurisdictions

We do not target our marketing or sales at vulnerable individuals, persons below the legal purchasing age, or persons who have indicated an intention to consume alcohol irresponsibly or to supply it to persons below the legal age.

16. Allergen Information

Some of our products may contain or may have been produced in facilities that handle allergens including sulphites, cereals containing gluten, nuts, and other potential allergens. Allergen information is provided on product labels in accordance with EU food labelling regulations (Regulation (EU) No. 1169/2011). It is your responsibility to check product labels carefully before consuming any product if you have known allergies or intolerances. If you require allergen information before purchase, please contact us at
[email protected]
before placing your order.

17. Product Reviews and User Content

17.1 Reviews

Where we permit customers to submit product reviews or other user content, such submissions must be:

• Honest and based on your genuine personal experience of the product
• Free from offensive, defamatory, discriminatory, or unlawful content
• Free from any commercial promotion or advertising content
• Your own original content, not copied from third-party sources

We reserve the right to remove, edit, or decline to publish any review or user content that violates these requirements or that we consider, in our sole discretion, to be inappropriate.

17.2 Licence

By submitting a review or other content to this Website, you grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive licence to use, reproduce, publish, translate, and distribute your submission in connection with our business.

18. Prohibited Conduct

You agree not to use this Website or our services to:

• Purchase alcohol on behalf of a person below the legal purchasing age
• Make fraudulent, false, or speculative orders
• Use stolen, cloned, or fraudulently obtained payment methods
• Impersonate any person or misrepresent your identity or affiliation
• Engage in any activity that disrupts, interferes with, or compromises the security or operation of this Website
• Systematically scrape, crawl, or extract data from this Website using automated tools
• Resell products purchased from us on a commercial basis without our prior written consent
• Use any information obtained from this Website to contact our suppliers, producers, or logistics partners directly without our prior consent
• Engage in any conduct that breaches applicable law, including laws relating to the sale and distribution of alcohol

19. Intellectual Property

All content on this Website, including text, images, product descriptions, logos, designs, and software, is the property of or is licensed to Fizzyhorizon, Unipessoal Lda. and is protected by applicable intellectual property law. Your use of this Website does not grant you any licence or right to use our intellectual property. Please refer to our Copyright & Intellectual Property Notice for full details.

20. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms part of these Terms and is incorporated herein by reference. By using this Website and placing orders, you acknowledge that you have read and understood our Privacy Policy. We process personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 — GDPR) and applicable Portuguese data protection law.

21. Third-Party Links and Services

This Website may contain links to third-party websites or use third-party services (including payment processors, delivery carriers, and analytics providers). We do not control third-party websites or services and are not responsible for their content, practices, or terms. Links to third-party websites are provided for convenience only and do not constitute an endorsement. Your use of any third-party website or service is governed by that party’s own terms and policies.

22. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, fires, floods, earthquakes, or extreme weather events
• Epidemic or pandemic
• War, terrorism, civil unrest, or government action
• Industrial disputes, strikes, or lockouts
• Failure of telecommunications, internet, or utility services
• Actions or inactions of delivery carriers or customs authorities
• Changes in applicable law or regulation

In the event of a force majeure event, we will notify you as soon as reasonably practicable and will take all reasonable steps to minimise the effect on your order. If the force majeure event continues for more than 30 days, either party may terminate the affected contract, and we will issue a full refund for any undelivered orders.

23. Dispute Resolution

23.1 Complaints

If you have a complaint about any product or service provided through this Website, please contact us in the first instance at
[email protected].
We aim to acknowledge all complaints within 3 working days and to resolve them within 14 working days. If you are not satisfied with our response, you may escalate your complaint through the channels described in Section 23.2 below.

23.2 EU Online Dispute Resolution

In accordance with EU Regulation No. 524/2013, we are required to inform you of the availability of the European Commission’s Online Dispute Resolution (ODR) platform for resolving disputes arising from online contracts. The ODR platform is accessible at:
https://ec.europa.eu/odr

Our email address for ODR purposes is:
[email protected]

We are not obliged to participate in any particular alternative dispute resolution scheme, but we will consider any reasonable proposal for resolution.

23.3 Governing Law and Jurisdiction

These Terms and any dispute or claim arising from or in connection with them (including non-contractual disputes) are governed by the laws of Portugal. The courts of Portugal have non-exclusive jurisdiction to hear disputes arising from these Terms. If you are a consumer resident in another EU member state, you may also bring proceedings in the courts of your country of residence in accordance with applicable EU consumer protection law.

24. Pre-Orders, Limited Releases, and Allocations

24.1 Pre-Orders

We may from time to time offer products for pre-order in advance of their release date or availability. The following terms apply specifically to pre-orders:

• A pre-order constitutes an offer to purchase a product at the time of its release; it does not constitute a confirmed sale until the product is available and despatched
• A deposit or full payment may be taken at the time of pre-order; the applicable terms will be clearly communicated at the point of pre-ordering
• Pre-order prices are fixed at the time of ordering unless a pricing error has occurred in accordance with Section 5.3 of these Terms
• We reserve the right to cancel any pre-order at any time prior to despatch if the product becomes unavailable, the release is cancelled by the producer, or we are unable to obtain the product in sufficient quantities; in such cases a full refund will be issued
• Estimated release dates for pre-order products are provided for guidance only and are subject to change without notice due to factors outside our control, including producer delays, customs clearance, and logistics

24.2 Limited Releases and Allocated Products

Certain products available through this Website are subject to limited availability, restricted allocation, or special release conditions. The following additional terms apply to such products:

• Limited release products are offered on a strictly first-come, first-served basis and are subject to quantity limits per customer and per household
• We reserve the right to cancel or reduce orders where a customer or household has placed multiple orders exceeding applicable quantity limits, whether through a single account or multiple accounts
• We reserve the right to verify the identity and delivery address of customers placing orders for high-demand, limited, or allocated products and to cancel orders where we have reasonable grounds to believe that quantity limits are being circumvented
• Once a limited release product is sold out, it will not be restocked; we do not maintain waitlists unless explicitly stated on the product page
• We do not guarantee access to any particular limited release product despite any prior communication, newsletter, or promotional material

24.3 Bot and Automated Tool Prohibition

The use of automated tools, bots, scripts, macros, browser extensions, or any non-human means to access, monitor, or purchase products from this Website — including for the purpose of securing limited release or high-demand products — is strictly prohibited. We employ technical and operational measures to detect and prevent automated purchasing activity. Any order placed using automated tools will be cancelled without notice or refund, and the associated account will be permanently suspended. We reserve the right to take legal action against any person or entity found to be using automated tools to circumvent our ordering systems.

25. Subscription Services and Wine Clubs

If we introduce subscription or wine club services in the future, those services will be subject to these Terms and any additional subscription-specific terms published at the time of launch. The following general principles will apply to any subscription service we offer:

• Subscriptions will be charged on a recurring basis (monthly, quarterly, or annually as specified) using the payment method provided at sign-up
• You may cancel a subscription at any time, subject to the minimum commitment period stated at sign-up; cancellation will take effect at the end of the then-current billing period
• We reserve the right to modify the contents, price, or frequency of any subscription with reasonable notice; if you do not accept changes to your subscription, you may cancel
• The statutory right of withdrawal does not apply to subscription deliveries once the contents of a particular despatch have been individually selected and prepared for you; your right to cancel the subscription itself for future periods is unaffected
• Gift subscriptions are subject to their own terms and conditions published at the time of purchase

26. Gift Orders and Third-Party Delivery

26.1 Buyer Responsibility for Gift Recipients

Where you purchase products as a gift for delivery to a third party, you represent and warrant that:

• The intended recipient is of legal purchasing age in their country of residence and in the country of delivery
• You have not been asked by or on behalf of a person below the legal purchasing age to purchase alcohol for them
• You accept full responsibility for ensuring that the recipient is eligible to receive alcoholic beverages

By placing a gift order, you accept personal liability for any consequences arising from the delivery of alcohol to a recipient who is below the legal purchasing age or otherwise ineligible to receive it. We will not be liable for any loss, fine, or legal consequence arising from a gift order placed in breach of this provision.

26.2 Recipient Age Verification

Age verification at the point of delivery applies equally to gift orders. Delivery will not be completed if the recipient cannot demonstrate that they are of legal purchasing age. We are not liable for non-delivery of a gift order arising from failure to verify the recipient’s age. No refund will be issued in such circumstances unless the products are returned to us in their original, unopened condition.

26.3 Delivery Details for Gift Orders

It is your responsibility to ensure that the recipient’s delivery address is accurate and that the recipient is available to accept the delivery. We are not responsible for failed delivery, misdirected packages, or any loss arising from an incorrect or incomplete delivery address provided for a gift order.

27. Wholesale, Trade, and B2B Customers

These Terms apply exclusively to consumers purchasing for personal, non-commercial use. They do not apply to trade customers, wholesale buyers, or any person or business purchasing for commercial resale, hospitality, or distribution purposes.

If you are purchasing on behalf of a business, as a trade buyer, or for commercial resale, your purchase is governed by our separate Trade Terms of Business, which are available on request by contacting
[email protected].
By proceeding with a purchase through this Website, you confirm that you are acting as a consumer and not as a trade or business buyer.

We reserve the right to cancel any order that we reasonably believe has been placed by a business or trade buyer using the consumer Website, and to require such buyers to engage with us through our trade channel.

28. Resale Prohibition

Products purchased through this Website are for personal consumption and non-commercial use only. Commercial resale of products purchased through this Website is strictly prohibited without our prior written authorisation. This prohibition applies regardless of whether the products are resold at cost, below cost, or at a profit.

Specifically, you may not:

• List, offer, or sell products purchased from this Website on any online marketplace, auction platform, or resale channel
• Supply products purchased from this Website to any third party for commercial purposes
• Bulk-purchase products for the purpose of commercial arbitrage, whether or not you intend to sell them under our brand
• Use our product imagery, descriptions, or brand materials in connection with any resale activity

Violation of this provision may result in immediate account suspension, cancellation of outstanding orders, and legal action to recover any profits made in breach of this clause. We reserve the right to void the manufacturer’s guarantee or any quality assurance in respect of products that have been resold or handled outside of normal consumer supply chains.

29. Product Authenticity and Counterfeit Goods

All products sold through this Website are sourced directly from authorised producers, importers, or distributors and are guaranteed to be genuine. We do not knowingly sell counterfeit, adulterated, mislabelled, or fraudulently represented products.

If you have any reason to suspect that a product you have received may not be genuine — including concerns about the seal, label, colour, taste, or packaging — please contact us immediately at
[email protected].
Do not consume a product if you have genuine safety concerns. We take all authenticity concerns seriously and will investigate fully.

We are not responsible for the authenticity, quality, or safety of products purchased from third parties, secondary markets, or resellers who are not authorised distributors of our products. The authenticity guarantee set out in this section applies only to products purchased directly from www.johnnygrape.com.

30. Product Recall

In the unlikely event that any product sold through this Website is subject to a safety recall or withdrawal, we will:

• Notify all affected customers by email as soon as reasonably practicable after becoming aware of the recall
• Provide clear instructions on whether to return, destroy, or cease consuming the affected product
• Issue a full refund or replacement for any recalled products, including the cost of return where applicable

This recall procedure is implemented in compliance with the EU General Product Safety Regulation (Regulation (EU) 2023/988) and applicable Portuguese product safety legislation. If you believe a product you have purchased from us may pose a safety risk, please contact us immediately at
[email protected]
before consuming it.

31. Spirits-Specific Product Disclaimers

31.1 Tasting Notes and Flavour Descriptions

All tasting notes, flavour profiles, aroma descriptions, and sensory assessments published on this Website represent the subjective opinions of our writers, tasters, and editorial team at the time of writing. They are provided for informational and guidance purposes only. Flavour perception varies significantly between individuals depending on sensory sensitivity, personal taste, prior experience, consumption conditions, and many other factors. Tasting notes do not constitute a guarantee that you will experience the described flavours and are not incorporated into the contract of sale.

31.2 Vintage and Batch Variation

Many wine and spirits products are produced in batches, and variation between batches from the same producer, distillery, or vintage year is normal and expected. Such variations — including differences in colour, taste, aroma, or strength — are not defects and do not constitute grounds for return or refund unless the product fails to meet its stated specification in a material way. Batch numbers, vintage years, and bottling dates displayed on this Website are correct at the time of listing but may be subject to change due to stock rotation; where such changes occur we will endeavour to notify you before despatch.

31.3 Alcohol Content Tolerance

The alcohol by volume (ABV) percentage stated on product listings and labels is the declared strength at the time of bottling. Under EU food labelling regulations, declared ABV figures for spirits are subject to a permitted tolerance of ±0.3% ABV. Minor variations in ABV within this regulatory tolerance are not defects and do not give rise to any right of return or refund.

31.4 Label and Packaging Condition

For older, rare, vintage, collector, or auction-sourced products, the label, capsule, cork, or outer packaging may show signs of age or natural deterioration consistent with the product’s age and history of storage. Such cosmetic condition variations are disclosed where known and are not defects in the product itself. Product images for such items are representative only and may not reflect the exact condition of the specific bottle you receive. If label condition is a material concern to you, please contact us before placing your order.

31.5 Storage and Condition Post-Delivery

Once products are delivered to you, their condition, quality, and safety are your responsibility. We are not liable for any deterioration in product quality resulting from:

• Improper storage after delivery, including exposure to light, heat, humidity, or temperature fluctuation
• Failure to store bottles upright or horizontally as appropriate to the product type
• Prolonged storage beyond recommended drinking windows
• Cork failure, oxidation, or other natural processes that occur after delivery

We recommend storing all wine and spirits in cool, dark conditions away from direct sunlight and vibration.

31.6 Secondary Market Value Disclaimer

Certain products listed on this Website may carry significant secondary market or collector value. We do not represent, warrant, or guarantee the investment value, appreciation potential, or future resale value of any product we sell. Any reference to secondary market values or collector interest on this Website is for informational purposes only. Purchasing alcohol as an investment vehicle carries risks and we do not provide investment advice.

32. Chargeback and Payment Dispute Policy

If you wish to dispute a charge made to your payment method in connection with an order placed on this Website, you must contact us directly at
[email protected]
in the first instance before initiating a chargeback or dispute with your bank or card provider. We will endeavour to resolve all legitimate payment disputes promptly and in good faith.

If you initiate a chargeback or payment dispute without first contacting us and giving us a reasonable opportunity to resolve the matter, we reserve the right to:

• Provide your order details, correspondence, and delivery evidence to your bank or card provider in defence of the chargeback
• Permanently suspend your account and decline future orders
• Pursue recovery of the disputed amount, together with any chargeback fees or administrative costs incurred by us, through legal proceedings

This clause does not affect your statutory rights to dispute fraudulent or unauthorised transactions with your payment provider.

33. Marketing Communications and Email Consent

33.1 Marketing Opt-In

We will only send you marketing communications, newsletters, promotional emails, or product updates if you have expressly opted in to receive them. You may opt in to marketing communications at the point of account registration, at checkout, or via our subscription form.

33.2 Unsubscribing

You may withdraw your consent to receive marketing communications at any time by:

• Clicking the unsubscribe link in any marketing email we send
• Updating your communication preferences in your account settings
• Contacting us at [email protected]

Withdrawal of consent to marketing communications will not affect your receipt of transactional communications related to your orders, which we are entitled to send as part of the fulfilment of our contract with you.

33.3 GDPR Basis

Marketing communications are sent on the basis of your consent (Article 6(1)(a) GDPR). You have the right to withdraw your consent at any time without affecting the lawfulness of processing carried out before withdrawal. Please refer to our Privacy Policy for full details of how we process your personal data in connection with marketing activities.

34. Automated Decision-Making and Personalisation

We may use automated systems and algorithms in connection with the following activities on this Website:

• Fraud detection and prevention: Automated screening of orders for fraudulent patterns, which may result in an order being held, flagged for review, or declined without prior notice
• Product recommendations: Personalised product suggestions based on your browsing and purchase history
• Age verification: Automated cross-referencing of submitted age verification data against available databases

Where automated processing produces a decision that significantly affects you — such as the refusal of an order on fraud grounds — you have the right to request human review of that decision. To exercise this right, please contact us at
[email protected].

We do not make automated decisions based on protected characteristics or in a manner that would be unlawful under applicable EU data protection law. Please refer to our Privacy Policy for further information on automated processing and your rights under GDPR Article 22.

35. Competitions and Prize Draws

From time to time we may run competitions, prize draws, or promotional giveaways through this Website or our social media channels. All such activities are subject to their own specific terms and conditions, which will be published at the time of the promotion. By entering any competition or prize draw operated by us, you agree to be bound by those specific terms.

General principles that apply to all our competitions and prize draws:

• Competitions are open to persons of legal drinking age only, residing in eligible territories as specified in the individual terms
• Prizes are non-transferable and may not be exchanged for cash
• We reserve the right to withdraw, amend, or cancel any competition at any time
• Our decisions on all competition matters are final and binding
• Winners may be required to provide proof of identity and age before a prize is released
• Prizes involving alcohol will only be delivered to addresses in territories where such delivery is lawful

36. Packaging, Recycling, and Sustainability

36.1 Packaging Materials

We use packaging materials designed to protect products during transit while minimising environmental impact. Our packaging includes recycled and recyclable materials where available. Specific packaging composition information is available on request.

36.2 EU Packaging Obligations

In accordance with the EU Packaging and Packaging Waste Regulation and applicable Portuguese legislation, we comply with applicable requirements regarding the labelling, composition, and end-of-life management of packaging materials. Where extended producer responsibility (EPR) obligations apply, we fulfil them through registered schemes in the relevant territories.

36.3 Recycling

We encourage all customers to recycle packaging materials in accordance with local recycling guidelines. Glass bottles, cardboard, and paper packaging are generally recyclable through standard household recycling. For guidance on recycling specific materials in your area, please consult your local authority.

36.4 Environmental Commitment

We are committed to reducing the environmental impact of our operations, including packaging waste, delivery emissions, and energy use. Further details of our environmental commitments are available on our Sustainability page.

37. Accessibility

We are committed to making this Website accessible to all users, including those with disabilities. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA, in accordance with the European Accessibility Act (Directive (EU) 2019/882), transposed into Portuguese law.

If you experience any difficulty accessing any part of this Website, or if you require content in an alternative format, please contact us at
[email protected]
and we will use reasonable endeavours to assist you. We welcome feedback on the accessibility of our Website and will work to address any barriers to access that are brought to our attention.

38. Wholesale and Trade Terms Reference

Separate Terms of Business govern purchases made by trade customers, wholesale buyers, and business purchasers. These consumer Terms of Service do not apply to trade transactions. Trade Terms of Business are available on request by contacting
[email protected].

39. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.

40. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Copyright & Intellectual Property Notice, constitute the entire agreement between you and Fizzyhorizon, Unipessoal Lda. in relation to your use of this Website and your purchases from it, and supersede all prior agreements, representations, or understandings between us relating to the same subject matter.

41. Waiver

No failure or delay by us in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of that right or remedy.

42. Contact Information

For all enquiries relating to these Terms, your orders, or your rights as a customer, please contact us:

Fizzyhorizon, Unipessoal Lda.
Aldeamento de Porches Lote 22B
8400-498 Porches
Portugal
NIF: 519 348 524
Email:
[email protected]

Annex A — Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Fizzyhorizon, Unipessoal Lda., Aldeamento de Porches Lote 22B, 8400-498 Porches, Portugal /
[email protected]

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods:

Ordered on: _______________

Received on: _______________

Order reference number: _______________

Name of consumer(s): _______________

Address of consumer(s): _______________

Signature of consumer(s) (only if this form is notified on paper): _______________

Date: _______________