TERMS AND CONDITIONS OF PURCHASE
In order to place an order in the PALACIOS VINOS DE FINCA, S.L. online shop, it will be essential to accept the following terms and conditions:
IDENTIFICATION
The General Terms and Conditions of Contract contained in this document are applicable to all commercial transactions carried out through the online shop https://palaciosvinosdefinca.com/tienda-online, whose owner is PALACIOS VINOS DE FINCA, S.L, with Tax Identification Code B26505099 and whose address is CAMINO NALDA A VIGUERA, Nº 46 26190 NALDA (province of LA RIOJA).
For the purposes of this document, the contact telephone number is 941447207 and the contact e-mail address is [email protected].
INTELLECTUAL AND INDUSTRIAL PROPERTY
The rights relating to industrial and intellectual property (including but not limited to: brands, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained in the online shop https://palaciosvinosdefinca.com/tienda-online are the property of PALACIOS VINOS DE FINCA, S.L. or of the companies representing and manufacturing the products offered. Therefore, they are subject to intellectual and industrial property rights protected by Spanish and international legislation.
Without the prior written authorisation of PALACIOS VINOS DE FINCA, S.L or, where applicable, of the representative or manufacturer of the product that holds the rights, it is not permitted to use, reproduce, transmit, manipulate, or make any use that exceeds the normal and necessary use for visiting the page and the use of the services offered.
Access to the products supplied does not imply on the part of PALACIOS VINOS DE FINCA, S. L waiver, transfer or total or partial assignment of the rights derived from the intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written authorisation of the respective owners of said rights, without prejudice to the right to view and obtain a private security copy of said contents, provided that said right is exercised according to the principles of good faith and provided that the intellectual and industrial property of the owner of said rights remains unaltered, is used for non-commercial purposes and exclusively for the user’s personal information.
The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this page will correspond exclusively to the user.
PURPOSE AND ACTIVITY
PALACIOS VINOS DE FINCA, S.L through its online shop https://palaciosvinosdefinca.com/tienda-online is dedicated to the sale and distribution of wines with designation of origin.
UPDATING OF THE WEB SITE WITH REGARD TO CONTRACTING
PALACIOS VINOS DE FINCA, S.L reserves the right to make modifications and updates on the Products, prices, promotions and other conditions contained in https://palaciosvinosdefinca.com/tienda-online.
PALACIOS VINOS DE FINCA, S.L, within its means, tries to ensure that the information offered on the website is truthful and appears without typographical errors. In the event of any typographical error, beyond the control of PALACIOS VINOS DE FINCA, S.L., it will be corrected immediately. If a customer decides to make a purchase based on an error of this type, PALACIOS VINOS DE FINCA, S.L. will inform him/her immediately of the error, and both parties may cancel the purchase at no cost as long as the existence of the error is justified.
LANGUAGE AND DURATION OF THE CONTRACT.MINIMUM AGE FOR CONTRACTING
Regardless of the possible translations of the section of these general conditions of sale, the official language of the contract will always be the Spanish version.
By contract duration we understand all the phases between the initial order request and the effective delivery of the ordered Products by PALACIOS VINOS DE FINCA, S.L. and the total payment of the agreed price by the customer.
According to art.1263 of the Civil Code, unemancipated minors and incapacitated persons cannot enter into distance sales contracts without the express consent of their parents or guardians.
By accepting these general conditions of sale, the Client declares that he/she is of legal age (at least 18 years old) and has the legal capacity to purchase the Products offered through https://palaciosvinosdefinca.com/tienda-online and that he/she understands and understands the general conditions in their entirety.
According to Spanish national and regional regulations, the sale and dispensation of alcoholic beverages / tobacco products to minors under the age of 18 is prohibited. Consequently, our company will not accept as customers users who cannot prove that they are of legal age.
LEGAL GUARANTEE AND AFTER SALES SERVICE
As a consumer and end user, the Customer of our online Store has, apart from the rights described here, all the legal rights under Spanish and European legislation relating to the sale of Products. We inform you that these legal rights can never be affected by these ‘General Conditions of Sale’.
In any case of defective product, we inform you that according to the current regulations, the seller must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, which will be free of charge for the consumer and end user. PALACIOS VINOS DE FINCA, S.L. shall be liable for any lack of conformity that becomes apparent within two years of delivery. Unless there is proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
The consumer and end user must inform the seller of the lack of conformity within two months of becoming aware of it. In the event that the consumer and user fails to notify the lack of conformity within two months, he shall be presumed liable for the damage or loss actually caused by the delay in such notification.
We have a professional team that attends to all the doubts and queries of our customers, taking charge of any incident, managing guarantees and repairs, etc. In our after-sales service we also have qualified staff that will provide technical advice and repairs of any of our products by contacting [email protected].
ACCURACY OF PRODUCT DESCRIPTION
Although it is our commitment to optimise the accuracy of any information regarding the characteristics, qualities, images, etc. of our articles published in this online shop, our company does not expressly guarantee the total accuracy, reliability or completeness of this information, which may sometimes be altered due to differences in the configurations of the different types of browsers used to access our online shop.
In any case, if the customer considers that the product purchased does not correspond exactly to the article shown in the catalogue of our online shop, he/she may return it according to the terms and conditions described here (see section ‘Returns and cancellations’) without being able to claim any other damages or prejudices.
HOW TO BUY
By consulting our website you can find information about our products by accessing our online shop through the “shop” icon on the home page of the website or through the wine cellars icon, where you can access to buy from each of the wines.
Once inside our online shop, you can access all our products, of which you will find information about their qualities, packaging and prices, directly or through the search engine. To select the desired product, you can access its file by clicking on its photo or name or directly by clicking on the buy button. In the product file you will find information about the characteristics of the product and you will be able to select brand and quantity. Then, when you select the wines, the total price of the selected article(s) will appear, which will be added directly to the shopping cart, and you can then finalise the purchase or continue shopping. At any time during the process, we can go to our shopping cart from the icon on the header on the right.
Once the selection is complete, you can check the status of your cart (selected product, desired units, unit price, taxes to be added, subtotal and total purchases) and/or modify its contents, as well as “continue shopping”.
When you consider the selection process completed, continue to the next step “Finalize Purchase”, for billing and shipping the order and you can view its breakdown with taxes included and shipping costs if applicable, as well as select the payment method, and finally click the button to place the order, after accepting the privacy policy and these general conditions of purchase.
PAYMENT METHODS
Payment by credit/debit card is accepted; Payment by Paypal; Google Pay y Apple Pay.
See https://www.paypal.com/es/cgi-bin/webscr?cmd=xpt/Marketing/general/NewConsumerWorks-outside to know the procedure for secure communication of your information on the Paypal platform.
PALACIOS VINOS DE FINCA, S.L. is responsible for any transaction with payment cards through this payment gateway.
SECURITY OF THE TRANSACTIONS
https://palaciosvinosdefinca.com/tienda-online uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
All contracting processes or processes involving the entry of personal data (health, ideology,) will always be transmitted via secure communication protocol (HTTPS://) in such a way that no third party has access to the information transmitted electronically.
SHIPMENTS AND DELIVERY
PALACIOS VINOS DE FINCA, S.L. undertakes to deliver the Products purchased by the User to the address indicated by the User for this purpose on the order form. In the event of omission or error in the completion of said data, PALACIOS VINOS DE FINCA, S.L. shall not be held responsible for any inconvenience caused and the resulting re-delivery costs shall be borne by the User. Under no circumstances will deliveries be made to post office boxes or post office boxes.
PALACIOS VINOS DE FINCA, S.L. reserves the right to vary the type of delivery and the company by which it is made, regardless of what is stated in these pages and provided that it does not entail any obvious harm to the User.
The order placed by the User will be delivered at destination within a maximum of THREE (3) working days for peninsular destinations and FIVE to SEVEN (5-7) calendar days in the Balearic Islands from the payment of the purchase.
For orders in the Canary Islands, Ceuta and Melilla you can contact us by telephone on 983 87 20 33 or at: [email protected] to evaluate the best shipping system. All prices include taxes.
The responsibility for the articles is ours until the reception of the shipment by the customer, except in the case that the customer expressly chooses a form of shipment different from the one proposed by PALACIOS VINOS DE FINCA, S.L., in which case our responsibility would end at the moment of the collection of the shipment in our warehouse.
In the event of force majeure not allowing the delivery of the order within the established period, PALACIOS VINOS DE FINCA, S.L undertakes to inform the User as soon as possible of the new delivery date, PALACIOS VINOS DE FINCA, S.L being released from the commitment indicated in the previous section.
If the courier company is unable to make the delivery because it cannot find a person to receive the shipment at the indicated destination, the courier company itself will provide instructions to the User to arrange a new delivery date.
Upon receipt, the User must check that the order matches the quantity and type of product ordered. If there is any discrepancy, the user must follow the instructions in sections 7. ‘PRECISION OF PRODUCT DESCRIPTION’ and 12. ‘RETURNS AND CANCELLATIONS’ of these Conditions.
Depending on the delivery method selected by the customer, there will be shipping costs that will always be added to the final price of the purchase. However, the Customer will always be informed of the associated delivery costs before confirming the order. Acceptance of the ‘General Terms and Conditions of Sale’ by the customer always implies acceptance of the shipping costs by the customer.
For orders of 50,00 Euros or more to mainland Spain and the Balearic Islands, no shipping costs will be charged.
We inform you that the indicated shipping costs are:
For peninsula :
From 0 to 4,2 Kg: 5,90 €.
From 4,21 to 8,4 Kg: 7,90 €.
From 8,41 Kg: 9,99 €.
For Balearic Islands:
From 0 to 4,2 Kg: 10,11€.
From 4,21 to 8,4 Kg: 12,85 >From 8,41 Kg: 15,59
RETURNS AND CANCELLATIONS
Right of Withdrawal
We inform you that according to the current regulations on distance purchases, you have a period of 14 calendar days, counting from the date of delivery of the Products, to return them in the event that for any reason you are not satisfied with your order (According to art.68-79 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).
However, our company extends the withdrawal period to 30 calendar days at no additional cost to you.
In order for you to exercise your right to withdraw from the purchase, all returned products must be in perfect condition, otherwise the goods may suffer a depreciation. Specifically:
1) The product must be in the same condition in which it was delivered and must retain its original packaging and labelling.
2) The return to PALACIOS VINOS DE FINCA must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition.
3) A copy of the proof of purchase and the delivery note of the products must be included inside the package, indicating the returned products and the reason for the return.
We inform you that all personalised articles are strictly excluded from the right of withdrawal by the customer.
To exercise your right of withdrawal you can contact us using the contact details that appear in the section below ‘Cancellation of Purchases’.
Likewise, if you wish, you can exercise your right of withdrawal by means of the following form which you can send us by e-mail to [email protected], or by post to PALACIOS VINOS DE FINCA, S.L, CAMINO NALDA A VIGUERA, Nº 46 26190 NALDA (province of LA RIOJA).a communication with the following content:
Attention to: PALACIOS VINOS DE FINCA, S.L.
Name(s) of consumer(s): ……………………………………………….
Order No: ……………………………………………….
Date order received: …………………… of ………. of 20….
Consumer’s address:……………………………………………………………………………………………………
Consumer Tel. (optional):…………………
Consumer Email (optional):…………………
POSTAL CODE: ……………………..,
City:……………………………………………………….,
Province:……………………
At ……………………………………………., on ………………. of …………………….. of 20…..:
Signature (only if submitted on paper):)
We inform you that in the event that you exercise your right of withdrawal, the return shipping costs will be borne by you, although in no case may these costs be different from the shipping costs of the initial order.
Refund
The refund period is 14 calendar days from the communication of withdrawal, although this will only be made once the articles have been received and it has been verified that the user has not carried out any handling other than that necessary to establish the nature, characteristics and functioning of the articles.
Refunds shall be made using the same payment method used to make the purchase and in the shortest possible time from the receipt and approval of the withdrawal request by PALACIOS VINOS DE FINCA, S.L.
Cancellation of Purchases.
The user may cancel the purchase process as long as it has not been processed in its entirety. In order to ensure that the customer can cancel the purchase, it is advisable to contact PALACIOS VINOS DE FINCA, S.L. immediately by e-mail at [email protected] or by telephone, 941447207.
DATA PROTECTION
General information. In compliance with the provisions of the current regulations on Personal Data Protection, we inform you that your personal data will be processed by PALACIOS VINOS DE FINCA, S.L, in its capacity as data controller for the purpose of administrative, commercial and tax management of orders placed through our online shop as well as commercial actions arising from the management of our customers.
We inform you that in compliance with current legislation on the protection of personal data, your data will be communicated to courier companies and other transport companies that will carry out the home delivery service on our behalf. Similarly, your data may potentially be accessed by our hosting and maintenance providers for our online shop. Our company will take all necessary measures to ensure that our suppliers comply with current data protection regulations regarding our customers’ data.
Likewise, we inform you that unless there is a legal obligation or your express consent, PALACIOS VINOS DE FINCA, S.L. will not transfer your data to third parties other than those, if any, identified here.
You have the right to obtain confirmation as to whether PALACIOS VINOS DE FINCA, S.L is processing your personal data, and therefore you have the right to access your personal data, rectify any inaccurate data or request its deletion when the data is no longer necessary, as well as to exercise the other rights established by the regulations in the manner explained in the additional information. You may exercise the aforementioned rights under the terms established in the current regulations by contacting PALACIOS VINOS DE FINCA, S.L, CAMINO NALDA A VIGUERA, Nº 46, tel.941447207 , e-mail: [email protected].
You may also request additional detailed information on our data protection policy from the same contact details.
You can also consult our additional information on our website https://palaciosvinosdefinca.com/.
Legal scope of use of customer e-mail addresses.
Customers, by registering as such and purchasing our products, will receive e-mail promotions and newsletters about new products. This service is subject to the provisions of article 21.2 of Law 34/2002, on Information Society Services and electronic commerce, modified by Law 32/2003, of 3 November, General Telecommunications Law, which authorises the sending of commercial communications by electronic means when there is a previous contractual relationship and products or services similar to those that were the object of the contract are advertised. However, all commercial communications sent by PALACIOS VINOS DE FINCA, S.L shall be clearly identifiable as such through the reference “advertising” at the beginning of the body of the message and shall identify PALACIOS VINOS DE FINCA, S.L as the entity responsible for sending them. Each mailing will provide a simple and free means for the recipient to unsubscribe from the system of commercial communications by e-mail.
APPLICABLE LEGISLATION
Commercial transactions carried out with PALACIOS VINOS DE FINCA, S.L. are subject to Spanish legislation.
Laws applicable to the matter:
Law 7/2017, of 2 November, which transposes Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters into Spanish law.
Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November.
Regulation (EU) No 524/2013 of the Parliament and of the Council of 21 May 2013.
Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and Law 32/2003, of 3 November, General Telecommunications Law.
Law 7/96, of 15 January, on the Regulation of Retail Trade (L.O. 2/1996, of 15 January, Complementary to the Regulation of Retail Trade, Law 47/2002, of 19 December, reforming Law 7/1996 and Law 1/2010, of 1 March, reforming Law 7/1996).
Law 7/1998 on General Conditions of Contract.
EU General Regulation 2016/679 on Personal Data Protection and Free Movement of Data.
Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantees of Digital Rights.
Any other applicable legal provisions.
In the event of conflict or disagreement in the interpretation or application of these General Terms and Conditions of Contract, the Courts or Tribunals that hear the matter shall be those provided for in the applicable regulations on jurisdiction. However, the consumer is informed that in accordance with article 52.3 (”Territorial jurisdiction in special cases”) of Law 1/2000, of 7 January, on Civil Procedure, when the rules of territorial jurisdiction on general jurisdiction and special cases are not applicable to disputes arising from the exercise of individual actions by consumers or users, the court of their domicile or the corresponding court in accordance with articles 50 and 51 of the aforementioned Law shall have jurisdiction, at the choice of the consumer or user.
In the event that the buyer is domiciled outside Spain, both parties shall submit to the Courts and Tribunals of LA RIOJA (Spain)>.
OBLIGATION OF INFORMATION OF BUSINESSES ABOUT ACCREDITED ADDRESSED CONSUMER DISPUTE RESOLUTION ENTITIES (art.40, Law 7/2017, of 2 November)
Pursuant to Art.14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be used in any case of discrepancy, dispute, etc. between the consumer and our trade. Access to this online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/.”
The online dispute resolution platform can only be used by consumers resident in the EU. More information on the process can be found at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES.
ELECTRONIC INVOICING
By accepting these General Terms and Conditions of Sale, the Customer gives their consent to the seller to issue them with any invoices arising from transactions carried out and contracted through the use of this site in accordance with the rules for Electronic Invoicing in Spain.
