These general conditions of sale apply to any query or order placed on the website www.espeltviticultors.com and derived addresses (hereinafter “the Site”) of ESPELT VITICULTORS, SL (with headquarters PARATGE MES SATLLE S / N (17493) VILAJUÏGA (GIRONA)) and with NIF number B17549106, for the purchase of goods (hereinafter ” Products “). Confirmation of the order by the buyer entails unreserved acceptance of these general conditions of sale that prevail over all previous versions or specifications emanating from the buyer, including the exchange of emails. These conditions can be modified, so it is recommended to read them before placing each order.
For the purposes of these general conditions of sale, the consumer is understood to be the natural or legal persons who act in a field other than a business or professional activity, and the entrepreneur, any natural or legal person who acts in the framework of their business or professional activity, whether public or private.
ESPELT VITICULTORS, SL reminds you that the sale of alcoholic beverages to children under 18 is not allowed and recommends consuming them in moderation, which is how they are best enjoyed.
The wines, oils and other products marketed through the Internet portal, hereinafter the Products, are presented in accordance with the legal recommendations and in the most precise way possible.
There may be differences between the Products delivered and those represented in the Site or catalog, mainly in terms of designs. Such differences, as they do not influence the basic characteristics of the Products and do not affect their quality, may not justify a cancellation of the order or a refusal of delivery. Since an exact representation of the Products on the Website and / or in the catalogs cannot be guaranteed, in particular due to the differences in color finishes in the computer programs for Internet browsing and / or on the screens, ESPELT VITICULTORS , SL, cannot be held responsible for the inaccuracy of the photographs contained on the Site.
Product orders are subject to their availability, so that if there are difficulties in their supply or lack of stock, ESPELT VITICULTORS, SL, expressly reserves the right to report any other product in substitution of the same. quality and value. In the event that the offer to replace the product is rejected, ESPELT VITICULTORS, SL will reimburse the amounts that have been paid.
The order is firm for the buyer from the moment he confirms his order. By ESPELT VITICULTORS, SL, from the validation of the payment and the confirmation of the taking into account of the order.
The prices of the Products are indicated in euros and include taxes related to the sale of Products, including VAT. ESPELT VITICULTORS, SL, reserves at all times and unilaterally the modification of the price of the products and services offered through its website. To guarantee the customer the certainty of the price of their products, this will be the current one in the advertising coinciding with the moment of formalizing the order.
Payment is made in euros exclusively, in full when placing the order and by the following means of payment:
Credit card: Credit card may be used. The user must follow the instructions that appear on the screen, providing the following information: a) Card type, b) Card number, c) Expiration date, d) the 3 digits on the back of the card.
Bank card payments are secure thanks to the use of the BANC SABADELL payment platform. This solution allows the buyer to make their purchases of products with total security. The bank details of the buyer who makes his payment by bank card will not be kept by ESPELT VITICULTORS, SL
BANC SABADELL – BS Secure Payment. You can get it online. More information here: www.bancsabadell.com
We also inform you that the bank provides us with your IP address, which we will only use for the correct verification and management of the purchase operation carried out.
The invoice addressed to the buyer will take the data indicated by him in his customer account. The buyer can modify this data every time he places a new order from the website.
The customer will communicate to ESPELT VITICULTORS, SL, the set of data necessary for the issuance of the invoice, as well as their intra-community VAT number if necessary.
The method of delivery will be based on the volume and weight of the items:
Delivery by home carrier: The delivery of the order will be made by a carrier specializing in boxes or pallets to ensure maximum protection, in the address you select at the time of formalizing the purchase. Delivery time may vary and depends on various circumstances. ESPELT VITICULTORS, SL will duly inform you of the delivery times during the purchase and verification process. You can also contact the company for more information on this topic.
The impossibility of delivering the Products on the date agreed by the carriers of ESPELT VITICULTORS, SL, due to the absence of the buyer or information on the need to resort to specific means of delivery, may lead to the payment of expenses of additional delivery and / or the cancellation of the order by ESPELT VITICULTORS, SL. The risks of the Product are transferred to the buyer at the time of delivery or on the date of the first presentation of the Products by the carriers of ESPELT VITICULTORS, SL, on the date of delivery agreed with the latter.
In cases where the respective availability dates of the Products in an order were different, ESPELT VITICULTORS, SL will propose to the buyer to split his order. In case of fractional delivery, the participation in the delivery costs will be applied in each of the fractions of the order. If no fractional delivery is made, the delivery will take place on the date of availability of all the Products ordered.
During the purchase process you will be informed of the shipping costs that will be calculated automatically by the system based on the delivery address.
Prices are indicative and may vary in some cases. The prevailing cost is what appears in the purchase summary before choosing the payment method. Shipping costs may vary over time, which is why they will always be valid at the time of contracting, of which the buyer will be duly informed before making the purchase.
Upon receipt of the order, the buyer must proceed with all necessary examinations to detect possible defects, defects or other apparent defects, as well as the dissatisfaction of the Products delivered with your order.
In particular, the buyer should check the condition of the packaging, the number of packages and the Products as far as quantity, reference, condition and characteristics are concerned. In the event of a complaint, the buyer must contact the services of the carrier of ESPELT VITICULTORS, SL.
In order for your claim not to be considered inadmissible, the buyer must:
• Indicate in the delivery note the precise reserves and those arising from shortcomings, given that the general reserves of the “under unpacking reserve” type are insufficient. • Confirm your reservations about shortcomings and make your other reservations, by certified mail with proof of receipt to the customer service of ESPELT VITICULTORS, SL, PARATGE MES SATLLE S / N (17493) VILAJUÏGA (GIRONA).
• Confirm your reservations about absences by certified mail with proof of receipt to the carrier, within 3 days of delivery, holidays not included. The buyer must send a copy of this claim to ESPELT VITICULTORS, SL within the same time limits.
Likewise, the buyer must be able to provide any proof that is required regarding the reality of the claims filed and offer ESPELT VITICULTORS, SL, its carriers or any person delegated by them, the necessary facilities to proceed with its verification.
Accepted claims will result in a defective or non-conforming change of Product, or a refund if the Product is unavailable in the warehouse or with suppliers. The returned product must be delivered to the carriers of ESPELT VITICULTORS, SL, in perfect condition, in its original packaging and provided with all its accessories. No spontaneous return will be accepted without the agreement of ESPELT VITICULTORS, SL
The products offered through the website are perishable products, and do NOT have a 2-year warranty period established for other types of products. The guarantee of the products sold by ESPELT VITICULTORS, SL, is provided in the event that the product has been damaged by transport, in other cases it meets the official guarantees of perishable products.
If, on a one-off or permanent basis, ESPELT VITICULTORS, SL sells non-perishable products, such as products related to the world of wine, such as corkscrews, wine refrigerators, etc., they do have a warranty period of 2 years from delivery against any manufacturing, design or material defects. However, the buyer will have a period of one month from delivery to report the lack of conformity, and if this period is exceeded any damages will be borne by the buyer.
During the warranty period, ESPELT VITICULTORS, SL, undertakes, at its option, to exchange or refund the Products recognized as defective for its services. The changed Products enjoy the warranty for the remaining period. The warranty does not include:
• Damage to the Product resulting from its normal wear and tear taking into account its nature, function, composition and price; • The slight differences found in the Products as defined in Article 2.1;
• All defects in the Product that may result from improper installation, storage, storage, or assembly of maintenance recommendations), of modifications or repairs made by the buyer or a third party, of damage caused by external objects, of external events such as accidents, blows, fires, acts of vandalism, damage caused by water, lights natural or man-made (in case of discoloration), natural disasters or adverse weather conditions.
To apply the guarantee, the buyer will contact the customer service of ESPELT VITICULTORS, SL The presentation of the original invoice will be required in order to enjoy the guarantee.
The Products are guaranteed against any defects of conformity and hidden defects in the conditions provided for by the provisions of the General Law for the Protection of Consumers and Users and the Civil Code, for buyers who have the status of consumer. For business buyers, it will be established in these general conditions of sale.
ESPELT VITICULTORS, SL’s liability for the Products delivered, included in the framework of the applicable contractual or legal guarantees, is limited to the price of the defective or non-compliant Products. ESPELT VITICULTORS, SL, will not be obliged to compensate for indirect damages or any other financial damage experienced by the buyer or a third party.
The right to withdraw from the purchase is held only by the buyer who has the status of consumer and not the one who has the status of entrepreneur.
In accordance with articles 68 and following of the General Law for the Protection of Consumers and Users, approved by Royal Legislative Decree 1/2007, of 16 November, if you contract as a consumer you may withdraw from the purchase within the period of 14 working days from the date of delivery of the order. Once the withdrawal has been made, ESPELT VITICULTORS, SL will refund the price paid for the products within a maximum period of 30 working days from the date of withdrawal.
No amount will be refunded if the product has been used or damaged, so the product must be returned in the same condition in which it was delivered, including all instructions, documents and packaging. product.
However, in accordance with Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the right of withdrawal of goods which may deteriorate or expire quickly or to the supply of sealed goods which are not fit for return for reasons of health or hygiene and which have been unsealed after delivery is not applicable, therefore, the right of withdrawal cannot be exercised, for example on bottles that have been opened, due to the deterioration of the contents in such cases.
In the event of loss, destruction or any other cause that prevents the return of the order due to a cause attributable to the buyer, he will be liable for the market value that the service would have had at the time of exercising the right of withdrawal, unless the latter value was higher than the acquisition price, in which case it will respond. The formalization of the right of withdrawal to be carried out through a document that ESPELT VITICULTORS, SL will make available to you once its decision to withdraw from the purchase has been communicated.
To exercise the right to withdraw, the buyer must send the withdrawal form (download form), to email@example.com and by certified mail with proof of receipt to the following address: ESPELT VITICULTORS, SL, PARATGE MAS SATLLE S / N (17493) VILAJUÏGA (GIRONA).
The Product must be returned by the buyer, within a maximum of 14 calendar days from the date of receipt of the order, to the warehouses of ESPELT VITICULTORS, SL, located at the following address: ESPELT VITICULTORS, SL, PARATGE MAS SATLLE S / N (17493) VILAJUÏGA (GIRONA).
The buyer has the option of having the Product collected by the carriers of ESPELT VITICULTORS, SL at their expense. This option must be exercised by the buyer on the withdrawal form
The buyer will be reimbursed, as soon as possible, and no later than 30 days after the date on which he exercises his right of withdrawal, the integrity of the amounts paid when the returned Product is received in perfect condition, in its original packaging and equipped with all its accessories.
1. All the contents shown on this Website and especially, designs, texts, graphics, images, databases, software, sounds, brands, logos or any other signs susceptible of industrial and commercial use are subject to property rights. intellectual and industrial property of ESPELT VITICULTORS, SL, or of third parties who have duly authorized its use.
2. In no case does access to the Website and / or its use imply any kind of waiver, transmission, license or total or partial assignment of said rights and no right or expectation is conferred, and especially, of alteration, exploitation. , reproduction, distribution, or public communication of this content without the prior express permission of ESPELT VITICULTORS, SL, or the corresponding owners.
3. No link to this Website may be established from any other Website without the prior and express consent of ESPELT VITICULTORS, SL
Browsing the Site www.espeltviticultors.com is the sole responsibility of the users. ESPELT VITICULTORS, SL, will not be held responsible for any breakdowns, errors or computer viruses that could impair the continuity of access to its Site or for malfunctions in the computer equipment of users who may find them as a result of ‘access to the Site. Accordingly, you have no obligation to repair any direct or indirect damages that may result from your use of, access to your Site or downloading of items stored on the Site (images, text, video files). .
ESPELT VITICULTORS, SL, reserves the right to unsubscribe as registered users of its web side, to those who falsify data or violate these conditions of contract.
In compliance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD), we inform you that:
1. Your personal data collected on this Web Site will be included in a computerized database owned by ESPELT VITICULTORS, SL This database is registered in the General Register of Data Protection in accordance with the provisions of current legislation and complying with all security measures of Royal Decree 1720/2007, of 21 December, on security measures for automated files containing personal data.
2. This data collected by filling in forms and / or sending e-mails, will be processed and will be incorporated in the files of ESPELT VITICULTORS, SL, in order to give an effective response or provision of the requested services, facilitate the processing of orders and the sending of advertising of the promotions offered by ESPELT VITICULTORS, SL, through its Web Site. In this sense, the user expressly consents to the processing of their personal data, for the purposes indicated in this document.
3. The data collected from the user will not be transferred to any company, although they may be communicated to third parties when the communication responds to a need for the development, compliance and control of the purposes established for their collection or reception, as set forth in these terms.
4. The user also has at all times the rights of information, access, rectification, cancellation and opposition, which may be exercised by email at firstname.lastname@example.org or by conventional mail at the address of the entity in PARATGE MES SATLLE S / N (17493) VILAJUÏGA (GIRONA). To exercise these rights, and in compliance with Instruction 1/1998, of January 19, of the Data Protection Agency, it is necessary that you prove your personality to ESPELT VITICULTORS, SL, by sending a photocopy of National Identity Document or any other valid means in Law.
5. The User is solely responsible for the veracity and correctness of the data included, exonerating ESPELT VITICULTORS, SL, of any responsibility in this regard.
Neither Party may be held liable for total or partial breach of its obligations if such breach is due to fortuitous event or to the occurrence of an element considered to be in force, such as, and without, this list being imitation, floods, fires, storms, lack of raw materials, transport strikes, partial or total strikes, or closures. The Party that has been affected by such events shall notify the other Party as soon as possible and no later than five (5) business days after the event of such event.
The parties agree that they must agree as soon as possible to determine together the modalities of execution of the order during the period of validity of the case of force majeure. If the period of force majeure is more than one (1) month, ESPELT VITICULTORS, SL may not make the order effective and will have to reimburse the buyer, if applicable, the amounts paid by the latter for the order in question.
By express agreement between ESPELT VITICULTORS, SL and the buyer, the e-mails will be authentic between the parties, in the same way as the automatic registration systems used on the Site, in particular as to the nature and date of the order. The buyer can access, in accordance with the rules of common law, the electronic contract concluded with ESPELT VITICULTORS, SL To do this, contact the customer service by e-mail, which will provide all the necessary information on this subject, in particular the order number and its details.
If one or more of these general terms and conditions of sale are held to be invalid or are declared invalid under any law, regulation or final decision of a competent court, the other provisions shall retain all its validity and scope.
The fact that one of the parties has not demanded the application of any clause of these general conditions of sale, either permanently or temporarily, may not in any case be considered a waiver of the rights of this Party, which emanate from this clause.
In case of difficulty of interpretation between any of the titles of the articles and chapters and any of the clauses, the titles are considered non-existent.
ESPELT VITICULTORS, SL, reserves the right to modify these general conditions of sale. Any new version of the latter will be indicated on the site. The online version on the Site at the time of placing the order by the buyer will prevail over any other version of these general conditions of sale above.
These general conditions of sale and the order summary transmitted to the buyer form a contractual set and constitute the integrity of the contractual relations established between the parties.
The relations between the buyers and ESPELT VITICULTORS, SL, in concept of the orders realized in the Site will be governed by the Spanish legislation and the litigious discussion of any order will be put under the Spanish jurisdiction.
ESPELT VITICULTORS, SL CIF B17549106, Mercantile Registry of Girona in Volume 1211, Folio 27, Sheet GI-21277, inscription 9, with headquarters in PARATGE MAS SATLLE S / N (17493) VILAJUÏGA (GIRONA).