General contracting conditions
Introduction
This contractual document will govern the General Conditions of Contract for the purchase of goods that may deteriorate or expire quickly (hereinafter, “Conditions”) through the website altavins.com, owned by ALTAVINS VITICULTORS SL under the trademark Altavins (hereinafter, the PROVIDER), whose contact details are also included in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER so that he can reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, since those in force at the time of placing an order will apply.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
· Has read, understands and comprehends what is set out therein.
· Is a person with sufficient capacity to contract.
· Assumes all the obligations established herein.
These conditions will be valid indefinitely and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that it knows and is responsible for compliance with the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the food contracted by the USER is ALTAVINS VITICULTORS SL, with registered office at Ctra. Vilalba dels Arcs, S/N – 43786 BATEA (Tarragona), NIF B43655430 and with customer service/USER telephone number 977430596.
And on the other hand, the USER, who is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
This contract aims to regulate the contractual relationship of purchase and sale born between the PROVIDER and the USER at the moment in which the latter accepts, during the online contracting process, the corresponding box. The contractual relationship involves the delivery, in exchange for a certain price and publicly displayed on the website, of a wine.
Contracting process
To access the products offered by the PROVIDER, the USER must be of legal age and provide the billing information on the website, in the purchase completion step.
The USER must freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679, of April 27, 2016 (GDPR), and Organic Law 3/2018, of December 5 (LOPDGDD), as indicated in the Legal Notice and Privacy Policy of this website.
According to the provisions of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow the following steps:
-
General contracting clauses.
-
Shipping and delivery of orders.
-
Right of withdrawal.
-
Online complaints and dispute resolution.
-
Force majeure.
-
Competition.
-
Generalities of the offer.
-
Price and validity period of the offer.
-
Transportation expenses.
-
Payment method, costs and discounts.
-
Purchase process.
-
Dissociation and suspension or termination of the contract.
-
Applicable law and jurisdiction.
GENERAL CONTRACTING CLAUSES
Except for a specific written agreement, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in writing.
SHIPPING AND DELIVERY OF ORDERS
The delivery time will be between 24 and 48 working hours, depending on the destination city and the payment method chosen. This period is understood as long as the availability of the products has been confirmed and full payment has been verified.
In the event that the PROVIDER has not made the delivery within 30 calendar days of the agreed date due to lack of availability, the USER will be informed and may cancel the order and recover the full amount paid, without any cost or liability for damages attributable to the PROVIDER. If the PROVIDER unreasonably delays the reimbursement, the USER may claim double the amount due, without prejudice to the right to be compensated for damages exceeding this amount.
The PROVIDER will not be held responsible if delivery cannot be made due to false, inaccurate or incomplete data provided by the USER.
Delivery will be considered completed at the moment the carrier makes the products available to the USER and the USER, or their delegate, signs the receipt.
It is the responsibility of the USER to verify the products upon receipt and to note all justified reservations and claims.
Shipping will be free for purchases over €100.
RIGHT OF WITHDRAWAL
The foods offered are perishable, that is, they can expire or deteriorate in a short period of time. Therefore, this type of goods are exempt from return according to article 103.d) of Law 3/2014, of March 27.
However, the USER is given the possibility of claiming possible defects within 24 hours of receipt.
Any return must be communicated by email to altavins@altavins.com, indicating the invoice or order number. Once the USER receives the return number, he must send the product to the PROVIDER, including this number in the shipment, with the transport costs at his expense, to the address:
ALTAVINS VITICULTORS SL, Ctra. Vilalba dels Arcs, S/N – 43786 BATEA (Tarragona).
Having analyzed the case, if the PROVIDER considers that the product did not meet the conditions of sale, it will inform the USER of the refund within the following 48 hours.
COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any claim by the USER will be handled as quickly as possible at the following addresses:
-
Postal: ALTAVINS VITICULTORS SL, Ctra. Vilalba dels Arcs, S/N – 43786 BATEA (Tarragona)
-
Phone: 977430596
-
Email: altavins@altavins.com
Online Dispute Resolution
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the resolution of online disputes between the USER and the PROVIDER, through a neutral dispute resolution body:
ODR platform
FORCE MAJEURE
Neither party shall be liable for any failure to comply arising from force majeure. Compliance with obligations shall be postponed until the situation ceases.
COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations arising from the sale.
If any stipulation is considered null or unenforceable, this will not affect the rest of the contract.
The USER declares to have read, understood and accepted these Conditions in their entirety.
GENERALITIES OF THE OFFER
All sales and deliveries are considered subject to these Conditions.
No modification, alteration or agreement contrary to what is stipulated herein will have effect unless it is by express written agreement signed by the PROVIDER.
The PROVIDER reserves the right to modify advertising specifications as long as they do not affect the value of the products offered.
PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated include VAT and other applicable taxes, but do not include shipping, handling, insurance or additional services, unless expressly stated otherwise.
The prices are those published on the website and may vary in real time.
Before purchasing, the USER will be able to review all the details: items, quantities, prices, taxes, expenses and total.
Once the order is placed, the prices will be maintained.
The PROVIDER will issue an invoice in the name of the registered USER, or the company name provided, which can be requested at altavins@altavins.com
For any information about the order, the USER can contact the telephone number 977430596 or by mail at altavins@altavins.com
TRANSPORTATION COSTS
Prices do not include shipping costs or additional services, unless otherwise stated in writing.
Shipping costs will be calculated at the end of the order, based on the weight and delivery destination.
The transport company is the one that collaborates with ALTAVINS VITICULTORS SL at all times to guarantee an efficient and fast service. The exact cost of shipping will be shown before confirming the order, once the system has determined the total weight and destination of the products.
PAYMENT METHOD, COSTS AND DISCOUNTS
The PROVIDER offers the following payment methods to place the order:
-
Credit/debit card.
-
Bank transfer.
-
Other forms of electronic payment enabled on the payment gateway.
The PROVIDER 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 SSL (Secure Socket Layer) payment system.
Discounts or promotions offered will be applicable exclusively during the advertised period and only for orders placed within this period. These discounts will not be cumulative with other promotions, unless expressly indicated.
PURCHASE PROCESS
To make any purchase on the website altavins.com, the USER must follow the following process:
-
Select the products you wish to purchase and add them to the “shopping cart”.
-
Go to the cart and verify the order details.
-
Fill in the billing and shipping details.
-
Select the payment method.
-
Confirm the order.
-
Receive an order confirmation email once the process is complete.
DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any clause of these conditions is considered illegal, void or for any reason unenforceable, such clause will be understood as severable and will not affect the validity and applicability of the remaining clauses.
The PROVIDER may, without prior notice, temporarily suspend or definitively terminate access to the online store, in the event of non-compliance by the USER with the obligations arising from these Conditions.
APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the PROVIDER’s domicile. Likewise, if the USER resides outside Spain, he expressly waives any other jurisdiction that may correspond to him, submitting to the Dispute Resolution Body that will act as an intermediary between the parties in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For more information, see the clause <<4. Online Complaints and Dispute Resolution>> of these conditions.
Information on guarantees for the sale of consumer goods
Goods regulated by the law
The Guarantees Law applies to personal property for private consumption, that is, consumer goods: from a household appliance to a vehicle, including furniture, objects of all kinds, even works of art. Services and real estate are excluded, due to their nature. The Law excludes the purchase and sale between individuals.
For new consumer goods, the warranty is two years, while for second-hand products, the warranty is one year. During the first six months of warranty for a new product, it is assumed that the damage is factory-made and the seller must assume all repair costs, both parts, and transportation and working hours. The warranty period will be suspended for the time that the product or object is being repaired.
Product in good condition
The law considers that a consumer must feel satisfied with the product purchased if it meets the following requirements: the product conforms to the description given by the seller and has the qualities demonstrated by means of a demonstration or model. It must also be used for what is indicated both in the instruction manual and in the verbal instructions pronounced by the seller or in a demonstration video. Advertising, the instructions reflected on a label or a use that is given by the characteristics of the product itself also serve as usual use. This must also be the case in the case that the consumer requests a special use and the seller assures him that the good he has purchased will provide it.
In addition, the product you buy must have the right qualities and behaviors. For example, a pressure cooker must cook faster than a traditional saucepan.
Application of the Law
The Law obliges the seller of consumer goods, on the one hand, and consumers as final recipients, on the other. In other words, contracts made between individuals are excluded, since the Law only provides for the purchase and sale between a professional seller and a consumer.
It applies whenever a consumer good is purchased, that is, any object or product for private consumption. Goods acquired in a judicial sale (auction of confiscated goods) are excluded. The distribution of water or gas not packaged for sale is also not subject to this law.
Claim in the event of a product defect
The seller is primarily responsible for the product. However, the consumer can turn directly to the manufacturer or importer if resorting to the seller would be a burden. For example, if during a holiday away from home a digital camera has been purchased that does not meet the specifications offered in the store, it is easier for the consumer to turn to the manufacturer or importer than to the establishment where it was purchased.
If the product does not meet the advertised characteristics, the consumer can choose between repairing the good or replacing it, unless this is impossible or disproportionate. If repair or replacement is not possible or disproportionate, the consumer can opt for an appropriate price reduction or for the termination of the contract, that is, a refund of the price. The consumer cannot demand replacement if it is a second-hand product or a product that cannot be replaced. For example, replacement cannot be demanded if the good is no longer manufactured or is out of stock, if a second-hand vehicle is purchased, and neither, due to the impossibility involved, can a work of art, an antique or an exclusive clothing design be replaced. Replacement is disproportionate if it is a small defect that is easy to repair. Repair is disproportionate if it is uneconomical, that is, if the repair is more expensive than the value of the good.
Claim periods
The consumer must report the error within two months of detecting it. In this sense, if the problem has appeared during the six months after purchasing the product, the seller must make the guarantee effective, since during this period of time it is assumed that the problem comes from the factory. However, if these six months have passed, it is the consumer who must demonstrate that the error comes from the factory and that it has not been caused by misuse of the product.
The Law establishes that during the six months following the delivery of the repaired good, the seller is responsible for the errors that led to the repair, assuming that it is the same error if defects of the same nature as those initially repaired occur. To make this repair guarantee effective, the consumer must keep the proof of the repair and of the technical service that, at the time, repaired the product.
Error after repair or replacement
The Law includes these possibilities: If the consumer preferred to replace a product with an error with another of the same type, he can request the seller to repair it, provided that it is not disproportionate, a price reduction or a refund of the amount. Otherwise, if in the event of an error in a product it was preferred to repair it, the consumer can demand a change, a price reduction or a refund of the entire amount paid.
However, the Law does not specify either the amount or the type of price reduction that the seller must make to the consumer in the event that this is the chosen option. Thus, the two parties involved in the purchase and sale are obliged to reach agreements satisfactory to both parties.
Refusing to repair, reduce the price or refund the amount If we are within the first six months, we must demand the repair and request the Claims Form and insist, even until we reach trial. It is assumed that the error already existed. But if the first six months have already passed, we find ourselves in the opposite situation. It is the consumer who must prove that the product was purchased with the error. In any case, the consumer must negotiate and, if they do not agree with the discount that the seller offers them, they can resort to an appraiser to determine the price of the product after the repair and request a price reduction in this regard.
Instruction manual and poor installation
If a consumer misuses a product because the instruction manual is incorrect, the warranty law protects the consumer and can demand repair or replacement. Similarly, if the error occurs due to poor installation caused by both the erroneous instructions in the manual and the technicians sent by the seller, the latter is also responsible.
In the event of repair or transfer to a technical service, what must the consumer pay?
Nothing. During the period in which the warranty is effective, the seller or producer must cover the cost of travel, parts and repair time. In addition, while the product is in the technical service, the warranty time is suspended. That is, the clock does not run. On the other hand, apart from demanding the application of the warranty (repair, exchange, price reduction or refund of the amount), the consumer can demand compensation for damages or losses arising from the breakdown and the repair time. For example, if a user purchases a refrigerator that breaks down a week after buying it, in addition to requesting that the warranty be effective, the user can demand compensation for the food that has been spoiled due to the malfunction of the appliance.
Commercial guarantee
The commercial guarantee is one that the manufacturer, distributor or seller gives and that must always exceed that offered
by the law, since the latter is understood as the minimum required by the consumer. It is also a marketing tool for
companies. However, the guarantee must meet certain requirements, such as making it clear what it applies to,
the object or product that has the aforementioned guarantee and the name and address of the person offering it.