General Terms and Conditions
1. GENERAL INFORMATION
The ownership of this website, www.marquesdeteran.com is held by: Bodegas Marqués de Terán SL (hereinafter “the company”), with CIF B26365312, is registered in the Commercial Register of La Rioja, Volume 567, Folio 12, section 8, Page LO-9361 whose contact details are firstname.lastname@example.org.
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Web Site and the purchase or acquisition of products and / or services in it (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity carried out by Marqués de Terán SL through the Website includes:
Sale of wines at home
Sale and contracting of experiences
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if he/she does not agree with all of the above, he/she should not use this Website.
Likewise, it is informed that these Conditions could be modified.
The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable. For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
● Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
● Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed
● Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Web Site is aimed primarily at Users residing in Spain. Marqués de Terán SL does not ensure that the Website complies with the laws of other countries, either in whole or in part. Marqués de Terán SL disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.
The User may formalize, at its option, with the company the contract of sale of the products and / or services desired in any of the languages in which these Conditions are available on this Web Site.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: “finalize purchase and pay”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified. Subsequently, the User will receive an email confirming that the company has received your order or request for purchase and / or provision of service, ie, order confirmation. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.
Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website. Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail.
The User may also, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from email@example.com using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by the company through the Website are subject to the availability of products and / or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. Should difficulties arise in the supply of products or should there be no products in stock, the company undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. Shipping costs are included in the final prices of the products as shown throughout the purchase process. Thus, the company provides delivery and/or shipping services through different suppliers (Zeleris, Correos Express, etc.).
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, and Bank Transfer. Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize payment, the company will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once the company receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established. In any case, by clicking on “pay” the User confirms that the payment method used is his or her own or that, where appropriate, he or she is the legitimate holder of the gift card or subscription card.
Purchase orders or purchases in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by the company for the Website. When the system receives the transfer, the order will be prepared and processed for shipment. Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, the company will not be able to validate the order, which will be cancelled.
In the cases in which it is necessary to make the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands). Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation. If, for any reason attributable to it, the company is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
In any case, home deliveries are made on working days. If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again. If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact the company or the carrier to arrange delivery on another day. In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to Marqués de Terán SL, the company will understand that the User wishes to withdraw from the contract and it shall be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the User. For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address. The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when the company receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time to the full receipt of the amount paid by the company.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting the company through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website. In any case, the User, before clicking on “access my account”, has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use for more information on how to exercise their right of rectification in accordance with the provisions of Law 15/1999 of 13 December on the Protection of Personal Data.
In cases where the User acquires products on or through the Website of the owner, you have a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification. This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Company’s Website or, in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order. To exercise this right of withdrawal, the User must notify the company of his decision. He/she may do so, where appropriate, through the contact spaces provided on the Website.
The user, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the relevant period. In case of withdrawal, the company will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which the company is informed of the decision to withdraw by the User.
The Company will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, the Company may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to the company’s address and shall do so without any undue delay and, in any event, no later than 14 calendar days from the date on which the company was informed of the withdrawal decision. The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
No refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
If there is a return of defective products or error in the shipment deals with all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact the company immediately and let you know the existing nonconformity (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding the company, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by the company and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally to be expected of the same.
When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products.
For this purpose, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, the Company shall not accept any liability for the following losses, irrespective of their origin:
● Any losses which were not attributable to any default on its part.
● Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred)
● Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was entered into between the two parties. Similarly, the company also limits its liability as to the following cases:
● The company applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
● The company will act with the utmost diligence for the purpose of making available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, losses or thefts of the product.
Technical failures that due to fortuitous or other causes, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. The company puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeure.
● The company shall not be liable for the misuse and/or wear and tear of the products that have been used by the User. At the same time, the company will also not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
● In general, the company shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control, i.e. due to force majeure, and this may include, by way of example but not exhaustive: Strikes, lockouts or other industrial action, Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), threat or preparation for war,Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private, impossibility of using public or private telecommunications systems, Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended during the period in which the cause of force majeure continues, and the company will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. The company will use all reasonable means to find a solution that will allow us to fulfill our obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Web Site, the User agrees that most communications with the company will be electronic (e-mail or notices posted on the Web Site). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the company sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with the company through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website. 10 Likewise, unless otherwise stipulated, the company may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by the Company of any specific legal right or action or failure by the Company to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies arising under any contract or the Conditions, or relieve the User from the performance of its obligations. No waiver by the Company of any of these Conditions or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
The present Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and the company in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties. The User and the Company acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law. Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between the company and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send the company their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information). In addition, the company has official complaint forms available to consumers and users, and that they can request the company at any time, using the contact details provided at the beginning of these Conditions (General Information). Furthermore, if a dispute should arise from the conclusion of this purchase contract between the company and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/