GENERAL CONDITIONS OF CONTRACT

1.- PURPOSE

The purpose of these General Terms and Conditions (hereinafter referred to as GTC) is to regulate the access and purchase of products and services provided byVINOS SANZ, S.A.with registered address at Calle Martín Iriarte 17, 28290 – Las Rozas (Madrid), (hereinafter, THE COMPANY) to the USER through the pagewww.vinossanz.com(hereinafter, the WEBSITE), constituting the legal framework in which the contractual relationship is developed;

2.- ACCEPTANCE AND AVAILABILITY

By accepting these GTC, the USER agrees to fully and unreservedly adhere to all the clauses set out at the time of contracting;

By accepting these GTC the USER guarantees:

  1. Who is a person with the capacity to contract;
  2. That you have read, understand and accept these terms and conditions;

The User will have access always and in any case, prior to the start of the procedure of contracting products, to these GTC, being able to be stored and / or reproduced on a durable medium;

3.- MODIFICATION OF THE CONDITIONS OF CONTRACT

THE COMPANY may modify these clauses provided that there is sufficient cause or reason to do so; It is understood that there is sufficient cause or reason for the modification, including but not limited to, when the purpose of the modification is:

  1. Expand the range or number of products made available to USERS or improve existing ones;
  2. Modify, replace or update the prices or descriptions of the products or services offered through its WEBSITE;

For this reason, the USER must read these GTC carefully each time he/she proceeds to contract any product or service;

4.- PRICE, PAYMENT, DELIVERY AND SHIPPING COSTS

4.1 Price:

The prices and rates applicable to the contracting by the USER of the products or services offered shall be those appearing on the WEBSITE at the time the USER accesses the specific service and proceeds to initiate the contracting process; All prices and rates include applicable taxes; Before proceeding with the purchase you will be informed of the full price, including shipping costs, which will be detailed;

THE COMPANY reserves the right to modify the prices and descriptions of the products published on the WEBSITE, when it deems appropriate, being visible through the WEBSITE at the time of contracting;

4.2 Method of payment:

Credit or debit card: Visa, Visa Electron, MasterCard and Maestro;

THE COMPANY, guarantees the greatest security and confidentiality in the purchases in our shop; Sensitive credit or debit card payment data is transmitted directly and in encrypted form (SSL) to the financial institution; When making the payment through a secure payment gateway, the system will automatically verify that the credit card is activated for Secure E-Commerce; It will then connect to the issuing bank, which will request authentication and authorisation of the transaction;

4.3 Delivery:

THE COMPANY will deliver by courier service within an average of 24/48 hours, with a maximum of 15 working days from the acceptance of the payment by the corresponding bank;

THE COMPANY guarantees the delivery of all the products we have in stock for all orders received in our offices before 12:00 noon, once the payment has been authorised; Orders received after 12:00 noon will be shipped the following day;

These deadlines shall not take into account Saturdays, Sundays and public holidays in force in Spain, which shall be deemed to have been received on the first working day following the same;

4.3 Shipping costs:

Shipping costs are free of charge for orders over 50 euros; For orders below this amount the following shall apply:

Province

Amount (VAT included)

Burgos, Palencia, Salamanca, Valladolid, Zamora

6,60 €

Ávila, León, Madrid, Segovia

7,00 €

Albacete, Álava, Asturias, Badajoz, Bizkaia, Cáceres, Cantabria, Ciudad Real, La Coruña, Cuenca, Guipúzcoa, Guadalajara, Huesca, Lugo, Orense, Pontevedra, La Rioja, Soria, Teruel, Toledo, Zaragoza

7,50 €

Alicante, Almería, Barcelona, Cádiz, Castellón, Córdoba, Gerona, Granada, Huelva, Jaén, Lérida, Málaga, Murcia, Sevilla, Tarragona, Valencia

7,70 €

For orders to Ceuta, Melilla, Balearic Islands and Canary Islands, as well as abroad, it will be necessary to contact via email vinossanz@vinossanz.com

5.- CANCELLATION, RIGHT OF WITHDRAWAL AND RETURN:

5.1 Cancellation:

The USER may cancel the order before the COMPANY has dispatched it by e-mail.vinossanz@vinossanz.com.

5.2 Right of withdrawal:

The USER has the right to withdraw from this contract within 14 calendar days without giving any reason;

The withdrawal period shall expire 14 calendar days after the day on which you or a third party, other than the carrier and indicated by you, acquired the material possession of the goods.

To exercise your right of withdrawal, you must notify us at Calle Martin Iriarte 17, 28290 – Las Rozas (Madrid) of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail); You may use the model withdrawal form that will be sent to your e-mail after making the purchase, although its use is not obligatory;

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period;

Consequences of withdrawal:

In the event of withdrawal, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by us) without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract; We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges as a result of the reimbursement;

We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first;

You must return or deliver the goods directly to us at the address Calle Martin Iriarte 17, 28290 – Las Rozas (Madrid), without undue delay and in any event not later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract to us; The time limit shall be deemed to have been met if you return the goods before the time limit has expired; In any case you must bear the direct cost of returning the goods;

The right of withdrawal shall not apply in the following cases:

  • The provision of services, once the service has been fully performed, where performance has begun, with the prior express consent of the consumer and user and with the acknowledgement by him that he is aware that, once the contract has been fully performed by the trader, he has lost his right of withdrawal;
  • The supply of goods or services whose price depends on fluctuations in the financial market and which may occur during the withdrawal period;
  • The supply of goods made to the specifications of the consumer and user or clearly personalised;
  • The supply of goods which are likely to deteriorate or expire rapidly;
  • The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery;
  • The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods;
  • The supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control;
  • Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance;
  • The supply of sealed audio or video recordings or sealed software which have been unsealed by the consumer and user after delivery;
  • the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
  • Contracts concluded by means of public auctions;
  • The provision of accommodation services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance;
  • The supply of digital content which is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal

5.3 Return policy:

If there has been an error on the part of THE COMPANY and we have sent you a product that you have not purchased or it arrives in poor condition, please contact us by email at vinossanz@vinossanz.com or by telephone on 91 640 87 30 so that we can correct the error; If the error is not on the part of THE COMPANY, only those products that are in poor condition due to defective packaging, bottling or labelling will be accepted for return; If the packaging is in poor condition, this must be stated on the carrier’s delivery note;

Regardless of the reason for the return, the return must be previously authorised by THE COMPANY; The following conditions must be met for the return to be accepted:

  • Products must be returned within a maximum period of 14 calendar days from the date of receipt of the order by the USER;
  • Products must be returned in the same condition in which you received them;
  • Bottles must not have been opened or be in poor condition, as well as seals, caps and labels;

Once we have checked that the products you return to us meet all the specifications of the Return Policy, we will send you an email informing you that the return has been accepted and the refund will be made as soon as possible, in any case, within 14 days of receipt of the products in our warehouse; The refund will always be made in the same payment method you used to pay for the purchase, discounting in any case the shipping costs of the product, which are borne by the customer;

When returning a product you can choose to:

  • Refund of the amount paid for the product; The cost of shipping will be deducted from the amount refunded for returns that are not due to the fault of THE COMPANY;
  • Ask for the same reference to be sent again (this point will only apply to those returns for which the COMPANY is at fault);
  • Request a substitute product, taking into account:
  • In the event that the replacement product is of the same value, the USER shall pay only the shipping costs of the replacement product;
  • If the substitute product is of a lower price (even applying the shipping cost of the substitute product), the difference will be refunded to the USER;
  • If the new replacement product is more expensive than the returned product, the USER shall pay the shipping cost of the replacement product and the difference in price between the products;

6.- GUARANTEE AND AFTER-SALES SERVICE

The warranty and after-sales service shall at all times comply with the rules defined by the regulations in force;

The risk of loss or damage to the goods is transferred to the USER from the time of delivery to the customer’s address;

THE COMPANY is not responsible under any circumstances for any damage caused by the misuse or improper handling of the products by the USER;

7.- RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. Obligations of THE COMPANY:

THE COMPANY undertakes to comply with the following contractual obligations arising from the business relationship with the USER as a result of the hiring of services by the same:

  • To provide with the maximum guarantees to the USER, the service requested by the latter in accordance with the provisions of the contracting conditions, without breaching the contractual good faith;
  • Expressly inform the USER of the existence of these conditions prior to the start of the contracting procedure;
  • Inform the USER prior to contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the services requested, such as the price of the same and the applicable taxes;
  • Make available to the USER a copy of the text of the GTC;
  • Confirm to the USER via e-mail the effective execution of the contract within a maximum period of 24 hours from the acceptance by the USER of the contracting conditions;
  1. Obligations of the USER

For its part, the USER undertakes to:

  • To fully comply with the provisions of these terms and conditions of the services provided by THE COMPANY..
  • Complete registration forms prior to the start of the procurement procedure with accurate and current information;
  • To correctly provide the bank details requested by THE COMPANY;
  • Pay the price of the products purchased, without the filing of a claim exempting you from this obligation;

Likewise, the USER guarantees to be over 18 years of age and not to have limited capacity to contract the goods or services offered by THE COMPANY;

  1. Rights of the USER
  • All information provided to the customer shall be binding on the offeror under the terms established by the legislation in force;
  • Every USER has the right to have the goods purchased by him/her be of the category and legal requirements contracted or of such quality as is in direct proportion to the category of the establishment;

8.- OTHER INFORMATION PRIOR TO THE CONTRACTING

  • The USER will be guided in the procedure to be followed for the conclusion of the contract, as well as for the identification and correction of the data provided for the conclusion of the contract through the forms created for this purpose;
  • The USER accepts the present GTC, which will be sent to him/her by e-mail when formalising the purchase, so that the company will not file the electronic contract; In any case, these GTC will be permanently accessible from the WEBSITE;
  • The contract is concluded in Spanish, in accordance with these GTC;
  • Offers shall be valid for the period specified in each case on the WEBSITE; In the event that stocks are exhausted before the end date of the offer, a product or service of equivalent quality and price may be provided by mutual agreement with the USER;
  • The USER will be able to access the essential characteristics of each product or service through its description on the WEBSITE;

9.- NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in these conditions is declared totally or partially null and void or ineffective, such nullity shall only affect that provision or that part of it which is null and void or ineffective, and the conditions shall continue to apply in all other respects;

10.- APPLICABLE LAW AND JURISDICTION

The provision of the service of this WEBSITE and these conditions of use are governed by Spanish law;

Any litigious matter concerning the services provided through this WEBSITE, will be resolved through the consumer arbitration courts, mediators or similar to which THE COMPANY is adhered to at the time of the dispute, as well as the corresponding courts and tribunals in accordance with Spanish legislation;