GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website, riojawine.shop, (hereinafter Website) is held by: RIOJA-TUR SL, provided with NIF: B26067330 (domiciled at Calle Carmen, nº. 15, Nájera, La Rioja) and registered in the Registry Mercantil de La Rioja, Volume 342, Folio 5, Sheet Nº LO 12772, LO3449, and whose contact details are:
Name or company name: RIOJA-TUR SL
CIF / NIF: B26067330
Registered Office: Calle Carmen 15 · Nájera 26300 · La Rioja · Spain
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (riojawine.shop) and the purchase or acquisition of products and / or services therein (hereinafter, Terms).
For the purposes of these Conditions, it is understood that the activity that riojawine.shop carries out through the Website includes: Sale of wines online
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and / or use the Website, as those that are in force at the time the purchase of products and / or services is requested.
For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the status of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), for which reason, all navigation is accepted from the Website, the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities would be informed.
- Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).
- The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is mainly aimed at Users residing in Spain. riojawine.shop does not guarantee that the Website complies with the laws of other countries, either totally or partially. riojawine.shop declines any responsibility that may derive from such access, nor does it guarantee shipments or the provision of services outside of Spain.
The User may formalize, with their choice, with riojawine.shop the contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of riojawine.shop, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, make the payment in the payment section of the purchase process.
Likewise, the User must fill in and / or check the information that is requested in 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 riojawine.shop has received their order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice that will be sent to the User through email, and where appropriate, through their personal connection space to the Website. Likewise, the User can, if he so wishes, obtain a copy of his paper invoice, requesting it from riojawine.shop using the contact spaces of the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, mode in which they will be carried out and / o cost of benefits; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.
Bill. If the user requires the invoice to be sent, they can write to the email firstname.lastname@example.org so that it can be sent to their email address.
All purchase orders received by riojawine.shop through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects their supply and / or the provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, riojawine.shop undertakes to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in the cases in which the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, except that by legal requirement, especially in relation to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, riojawine.shop routinely performs delivery and / or shipping services through: MRW. Being able to make the delivery with any other company depending on the needs of the service or the criteria of riojawine.shop.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen. The shipping cost is automatically calculated in the final part of the purchase, indicating before finalizing and paying the order what its cost is.
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.
riojawine.shop uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, riojawine.shop will not be responsible for any delay or failure to deliver and may not formalize any contract with the User.
Once riojawine.shop 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 on the card will be made at the time the confirmation of shipment and / or confirmation of the service provided in the form and, where appropriate, established place is sent to the User.
In any case, by clicking on "Buy and pay now" the User confirms that the payment method used is his.
Purchase or purchase orders in which the User selects the bank transfer as the means of payment will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be taken into account by the system. of payments used by riojawine.shop for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, riojawine.shop cannot validate the order, which will be canceled.
In the cases in which it is appropriate to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
Depending on the type of delivery selected and the products included in the order, shipping the order may have a transport cost. This cost will be calculated automatically and will always be informed in the purchase summary prior to order payment.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the related products 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 the order confirmation.
If for any reason, which is attributable to you, riojawine.shop cannot meet the delivery date, it will contact the User to inform them of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with 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 could be returned to the warehouse. However, the carrier would 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 must contact riojawine.shop to arrange the delivery on another day.
In the event that 30 days elapse after your order is available for delivery, and it has not been delivered for a reason not attributable to riojawine.shop, riojawine.shop will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User's own choice of a delivery method different from the least expensive method of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires 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 the products may derive will be borne by the User from the time of delivery. The User acquires ownership of the products when riojawine.shop receives full payment of all amounts due in relation to the purchase or purchase made, including shipping costs, or at the time of delivery, if it takes place in a moment after full receipt of the amount paid by riojawine.shop.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that which is legally in force at any given time depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is hereby informed that in the event that he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting riojawine.shop through the spaces of contact enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before finalizing the payment according to the selected payment method, has access to the space, cart, or basket where their purchase requests are written down and can make modifications.
In the cases in which the User purchases products on or through the website of the owner, they are assisted by a series of rights, as listed and described below:
Right of withdrawal
The User, as consumer and user, makes a purchase on the Website and, therefore, he has the right to withdraw from said purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired material possession of the goods purchased on the Riojawine.shop website or in the event that the goods that Make up your order are delivered separately, within 14 calendar days of the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case if it is a service contract, 14 calendar days from the day the contract is concluded.
To exercise this right of withdrawal, the User must notify their decision to riojawine.shop. You can do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that riojawine.shop makes available to you as a part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, riojawine.shop will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method different from the least expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which riojawine.shop is informed of the decision to withdraw by the User. However, the cost of returning the product will be borne by the User.
riojawine.shop will reimburse the User using the same payment method that he used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Riojawine.shop may withhold such refund until you have received the products or items from the purchase.
The User can return or send the products to riojawine.shop at the address:
riojawine.shop, Calle Carmen 15, La Rioja - Spain
And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which riojawine.shop was informed of the decision to withdraw.
The User acknowledges that they must assume the direct cost of returning (transportation, delivery) of the goods, if any are incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 288 528 8258 8285222 22288852882 2/5888, 52 25 52 228822852, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, as this same Law establishes that the Right of withdrawal to Users will not be present when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by riojawine.shop, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions 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 accompany them, as well as a copy of the purchase invoice.
At the end of these general conditions of sale the withdrawal model is included.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he must contact riojawine. shop immediately and let you know the existing disagreement (defect / error) by the same means or by using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement thereof .
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 email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred 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, it will always be the rights recognized in the current legislation at all times for the User, as a consumer and user.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding riojawine.shop, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract as long as: they comply with the description made by riojawine.shop and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Returning defective products or shipping error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they were manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a brand or manufacturing product on the Website by a third party. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information regarding the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Riojawine.shop will not accept any responsibility for the following losses, regardless of their origin:
any losses that were not attributable to any default on your part;
business losses (including loss of earnings, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized between both parties.
Likewise, riojawine.shop also limits its liability in the following cases:
- riojawine.shop applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems used. or others of this nature.
- riojawine.shop will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages arising from transport malfunction, especially for causes such as strikes, roadblocks, and in general any other specific to the sector, resulting in delays, losses or thefts of the product.
- Technical failures that due to fortuitous or other causes, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. riojawine.shop puts all the means at its disposal in order to carry out the process of buying, paying and shipping / delivering the products, however, it is exempt from liability for causes not attributable to it, unforeseen circumstances or force majeure.
- riojawine.shop will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, riojawine.shop will 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, riojawine.shop will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure. , and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and riojawine.shop 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. riojawine.shop will use all reasonable means to find a solution that allows you to fulfill your obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most of the communications with riojawine.shop are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that riojawine.shop sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with riojawine.shop through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stated, riojawine.shop may contact and / or notify the User in their email or at the postal address provided.
No waiver of riojawine.shop to a specific right or legal action or the lack of requirement by riojawine.shop of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from the fulfillment of his obligations.
No waiver of riojawine.shop to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and riojawine.shop in relation to the object of sale and they replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.
The User and riojawine.shop acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between MIGUEL VERGARA, SL and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send their complaints, claims or any other comments they wish to make to riojawine.shop through the contact details provided at the beginning of these Conditions (General Information).
In addition, riojawine.shop has official complaint forms available to consumers and users, and that they can request from riojawine.shop at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a controversy arises from the conclusion of this purchase contract between riojawine.shop and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: September 25, 2019
ANNEXED. CANCELLATION OR WITHDRAWAL DOCUMENT
IF, ONCE THE PRODUCT OR PRODUCTS REQUESTED HAVE BEEN SHIPPED, YOU WISH TO WITHDRAW THE CONTRACT WITHIN FOURTEEN (14) BUSINESS DAYS AFTER RECEIPT OF THE ORDER, COMPLETE THE FOLLOWING FORM AND SEND IT TOGETHER WITH THE PRODUCT OR PRODUCTS:
Calle Carmen 15, La Rioja - Spain
DATE OF DELIVERY: