The sale and purchase contracts concluded through this website www.vinofriki.com between the employer and the consumer will be governed by the following General Contract Conditions.
Acceptance of this document implies that the USER:
- You’ve read, you understand and you’re agree with this text.
- That he is a person with sufficient capacity to contract.
- That it assumes all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the provider’s website.
The provider reserves the right to unilaterally modify said Conditions, without this affecting the goods or promotions that were acquired prior to the modification.
1. Identity of the parties
On the one hand, the provider of the goods or services contracted by the USER is ENOLOGICA WAMBA SL , NIF B09443169 with registered office TRAVESÍA DEL ARCO, 8A, 09220, PAMPLIEGA (BURGOS)
And on the other, the USER, registered on the website by means of a USER name and password, over which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider.
2. Object of the Contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
For the purposes of these conditions, it is understood that the activity carried out by THE SELLER through the website includes the sale of wines.
The access, navigation and use of the website, confer the condition of USER, for which they accept, from the beginning of the navigation of the website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations depending on the case.
If you want to verify that you are browsing in a secure environment, you must verify that the address of the web page begins with https: //, this indicates that the connection is encrypted and the data can only be read by the sender and the receiver ( contrary to http: // addresses) The figure of a closed padlock must also be displayed next to the address of the web page, which ensures not only that the connection is encrypted but also that the page you are accessing is not is being supplanted.
Only if the address begins with https: // will it be found on our website.
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 inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the competent authorities notified.
- Provide contact information that is truthful and lawful.
The USER declares to be over 18 years of age and have the legal capacity to enter into contracts through this website.
In the case of underage or incapacitated Users, the use of the website will be under the entire responsibility of their parents, representatives or legal guardians, who must accompany, supervise or take the appropriate precautions while browsing the website. Therefore, in their capacity as parents, representatives or legal guardians, they will be responsible for their minor or protected children accessing the services, products or contents of this website or registering, for which we recommend accompanying, supervising or taking appropriate precautions.
In the case of being under 18 years of age, you will need to have legal capacity manifested by means of an authorization signed by the parents or legal guardian.
The website is aimed at any consumer without discrimination based on nationality, place of establishment or place of residence. THE PROVIDER ensures that the website complies with the legislation of the Spanish State.
3. PURCHASE PROCESS
Information on our products (including descriptions, quantities and prices) does not represent an offer. It is an invitation to make a purchase of our products. The agreement will only be considered when your request is accepted. Acceptance of the same is at our discretion and will depend, among other things, on the availability of the products and / or services requested, the quantities, the prices of the same being consistent and the availability of stock.
You must follow the online purchase and / or acquisition procedure, during which several products can be selected and added to the cart, basket or final purchase space.
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 details may be modified.
The forms to be filled out have to do with billing information, product shipping address information, and once the payment method has been selected, the introduction of the necessary information to proceed with it.
Once the purchase process is completed, within a period of no more than 24 hours, THE USER will receive an email confirming the order.
Once the purchase procedure is completed, THE USER can, if he wishes, obtain a copy of his paper invoice, requesting it to firstname.lastname@example.org
THE USER acknowledges being up-to-date, 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, the image of it in the website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details or characteristics of the products, the way in which the provision of services will be carried out and its cost.
In accordance with art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the steps to follow to carry out the purchase process are indicated:
|Step 1||Access the website||To place an order you need to access the website.|
|Step 2||USER registration||You must register as a USER by completing the electronic form that appears on the website of the online store and following the instructions indicated therein.|
|Step 3||Fill shopping cart||To proceed with the purchase of products, the USER must add the product that he wishes to add to the basket, according to the instructions on the screen. Consult stock previously.
The prices and offers presented on the website are valid only and exclusively for online orders.
|Step 4||Validate purchase||For these purposes, fill in the order forms supplied (billing data, type of shipment, delivery data, form of payment and order) and validate the purchase.|
|Step 5||Pay||Selection of the payment method and its realization through the corresponding gateway.|
|Step 6||Confirmation mail||Once the purchase is made and in the shortest possible time, always within 24 hours of the execution of the purchase, THE SELLER will send THE CUSTOMER by e-mail a receipt of the purchase with the characteristics, price, forms of transport, contracting date and delivery estimate of the contracted product or service.
If you do not agree with the data provided in said confirmation, you may request their modification or the cancellation of the contract.
All purchase orders received through the website are subject to the availability of the products and / or to no force majeure cause or circumstance affecting their supply.
If there are difficulties in the supply of products or there are no products in stock, THE SELLER undertakes to contact the CUSTOMER and reimburse any amount that may have been paid as a purchase or agree to deliver the product on a new date.
The contract will be formalized in Spanish. If it could be carried out in another language, it will be indicated before starting the contracting procedure.
6. ARCHIVE OF THE CONTRACT
The communications, purchase and payment orders that intervene during the transactions carried out on the website may be filed and kept in the computerized records of THE SELLER in order to constitute a means of proof of the transactions, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard and, specifically, in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, to Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce and Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
You can access the electronic contract you can do it within your session on the website or by sending an email to : email@example.com
7. PRICE AND PAYMENT
The price of the product is the price in effect on the date and time of your request and will be displayed next to each product in the online store. We try to ensure that the prices displayed in our store are accurate.
The prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros.
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.
In no case will the website add additional costs to the price of a product automatically, but only those that THE USER has chosen voluntarily and freely.
However, and unless specifically indicated otherwise, the prices exclude the shipping costs that may be incurred, which will be added to the total amount due to the time of managing the shipping procedure by THE USER, and where it You will consult the available shipping methods and costs and freely choose the one that suits you best.
THE SELLER 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).
8. PAYMENT METHODS
The accepted means of payment are:
Credit and debit card
Debit and credit cards will be subject to checks and authorizations by the issuing bank. If said entity does not authorize the payment, THE SELLER will not be responsible for any delay or lack of delivery and no contract can be formalized with THE USER.
Once THE SELLER 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 shipment confirmation is sent to the CUSTOMER.
Payment by PayPal: PayPal is a free and secure way to make payments online, using your debit or credit card (VISA or MASTERCARD). PayPal ensures that your card numbers will never be revealed to THE SELLER or to any other company nor will they travel through the network. The payment process by PayPal is as follows:
- Press the add to cart button next to the item you want to purchase. This process will take you to the SELLER payment area within the PayPal Secure Server. If you wish to add more products, press the Continue purchase button, which will return you to THE SELLER’s online store.
- Once all the desired items have been added to the cart, press the Proceed to payment button.
- It is not necessary to have a PayPal account, enter all your secure payment information in the area protected by PayPal. If you have a PayPal account, log in to PayPal, where all your banking and personal details are already stored.
Finally, check and complete the purchase in PayPal.
- After making the payment, you will automatically return to THE SELLER’s online store.
- PayPal will automatically send a Payment Receipt to your email address.
- THE SELLER will send you the invoice in the order email.
Enter the phone number associated with the service and the key for BIZUM online purchases (If you still do not have your key, you can request it in your bank’s app). You will receive an SMS with a confirmation code that you must enter in the payment window and complete the payment. The possibility of using this service will be subject to the availability of each bank in order to make online purchases with BIZUM.
If you select Apple Pay, you use two-factor authentication through Face ID or Touch ID. This means that you do not need to confirm purchases with codes, secret questions or passwords. When paying with a credit or debit card, Apple Pay does not store data about your transactions that can identify you.
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made in the area of the Peninsula.
Shipments will be made in the Peninsula in 5 working days.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the merchandise will be delivered within the period indicated on the website according to the shipping method selected by THE USER and, in all case, within a maximum period of 30 calendar days from the order confirmation date.
If for any reason attributable to THE SELLER the delivery date could not be met, we will contact the CUSTOMER to inform him of this circumstance, who may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid.
If it is impossible to deliver the product 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 to be delivered again.
If a CUSTOMER is not going to be at the place of delivery in the agreed time slot, he must contact THE SELLER to arrange delivery on another day.
For the purposes of these Conditions, it will be understood that the delivery has occurred at the moment in which THE USER or a third party indicated by him acquires material possession of the products, which will be accredited by signing the receipt of the order in the agreed delivery address.
The risks that may arise from the products will be borne by THE USER from the moment of delivery. THE USER acquires ownership of the products when THE SELLER receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or, at the time of delivery, if it is after the receipt of the full amount of the payment.
Delivery and / or shipping services are performed by: courier.
Shipping costs are € 9.20 depending on the order. The purchase amount from which it will not be charged, shipping costs are from € 60.00.
10. TECHNICAL MEANS TO CORRECT ERRORS
The USER is informed that in case it detects that there has been an error when entering data necessary to process your purchase request on the website, you can modify them by contacting THE SELLER through the data of contact mentioned at the beginning of these “General Contract Conditions”.
In any case, THE USER before finalizing the purchase process must confirm the same and may have access to the cart, basket or space where the order is summarized, so they can modify the order at this time.
In the same way, the CLIENT is sent so that in the Data Protection clause of these Conditions they review the way to exercise their right to rectify personal data established in Organic Law 3/2018, of December 5, Protection of Personal data.
Right of withdrawal
In accordance with the provisions of Royal Legislative Decree 1/2007 of November 16 that approves the Consolidated Text of the General Law for the Defense of Consumers and users, the client has a return period of fourteen calendar days from receipt of the goods.
This right may not be exercised when there are indications that the products have been opened, manipulated or exposed to inappropriate conditions. It is mandatory to return properly protected products, in their original packaging, in perfect condition for later sale.
Except for the previous assumption, changes or returns of our products are not allowed unless you receive an erroneous or defective order. In the event that the order arrived damaged or broken, it must be communicated on the delivery note. Any other incident, please contact us within 24 hours from receipt of the order through the customer service contact details. We will proceed to make the return or replacement (if applicable) as soon as possible within 30 days after you receive our confirmation email.
In any case, in the event of desisting from the purchase, the following requirements must be met:
1) The product must be in the same state in which it was delivered and must retain its original packaging and labeling.
2) The return must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition.
3) A copy of the proof of purchase and the delivery note of the products must be included in the package, which also indicates the returned products and the reason for the return.
Returns of orders must be sent to the SELLER’s address. The User will assume the shipping costs for return in case of exercise of the right of withdrawal.
Return of defective products
Without prejudice to any other rights that may correspond, the User will be entitled to a refund of the price of defective products or products delivered if they do not correspond to the order placed by the User. Alternatively to the above, the User will have the right to claim, and have it delivered, an equal product, in perfect condition.
In the cases of return to the SELLER of defective products or that do not correspond to their order, this must be carried out by the User through the procedure established in section (i) above, although the User, in this case, should not do against the costs of returning such products.
Provided that the User has followed the procedure established in section (i) above and the requirements established in this section have been met, THE SELLER will refund the price paid corresponding to the returned products that are defective or do not correspond to the order of products made by the User, in accordance with the provisions of section (iii) below.
Refund of the price of the products to the User
Provided that the User has followed the procedure established in this section and the requirements established therein have been met, THE SELLER will reimburse the price paid by the User for the returned products. In the event that the return is made in exercise of the User’s right of withdrawal described in section (i), THE SELLER will not pay or pay the return expenses and / or costs.
The User will not be entitled to a refund of the price of returned products that are not in the same conditions in which they were delivered, or the requirements established in these General Conditions have not been met.
Partial returns of an order will give rise to the refund of the price corresponding to the product or products actually returned.
THE SELLER will manage the order to return the price through the same payment system used by the User for the acquisition of the products, within thirty (30) days from the collection of the returned order and once THE SELLER has verified that the Products subject to return meet the requirements established in sections (i) and (ii) above. The application of the refund of the price in the User’s account will depend on the bank.
THE USER, as consumer and USER, enjoys guarantees on the products that may be purchased through this website, under the legally established terms for each type of product, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
In this sense, it is understood that the products are in accordance with the contract provided that:
- They conform to the description made by THE SELLER and possess the qualities presented on the website.
- They are suitable for the uses to which products of the same type are ordinarily used.
- They 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 CLIENT, the CLIENT must proceed as indicated in the “Return of defective products or error in shipping” section.
Notwithstanding, some of the products that are marketed on the website, could present non-homogeneous characteristics as long as these derive from the type of material with which it has been manufactured, and that therefore, will form part of the individual appearance of the product, and are not a defect.
On the other hand, it could be the case that THE USER acquires a product from a brand or a third party’s manufacture on the website. In this case, you have the possibility to contact the brand or the manufacturer of the product directly to find out how to exercise your legal guarantee right during the two years following the delivery of said products.
Regardless of whom the guarantee right is exercised, THE USER must have kept all the information in relation to the guarantee of the products (invoice and guarantee).
13. CUSTOMER SERVICE: COMPLAINTS AND CLAIMS
THE USER can send THE SELLER his complaints, claims or any other comment that he wishes to make through the following contact information:
- customer service email firstname.lastname@example.org
- phone 662 073 038
14. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, THE SELLER will not accept any responsibility for the following losses, regardless of their origin:
- Any loss that is not attributable to any breach on our part.
- Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred) or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products or services was formalized between both parties.
Likewise, THE SELLER also limits its liability in the following cases:
- THE SELLER applies all measures concerning to provide 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 resolution on the screen, problems of the browser used or others of this nature.
- THE SELLER will act with the utmost diligence in order to make available to THE SELLER in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions and, in general, any other cause in the sector, resulting in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet.
- Lack of availability of the website for maintenance reasons or other causes, which prevents the availability of the service.
- THE SELLER puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products; However, it is exempt from liability for causes that are not attributable to it, unforeseeable circumstances or force majeure.
- THE SELLER will not be responsible for the misuse and / or wear of the products that have been used by THE USER.
- THE SELLER is not responsible for an erroneous return made by THE USER.
- In general, THE SELLER 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 our 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, boats, airplanes, motor transport or other means of transport, public or private.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In these cases, the obligations will be suspended during the period in which the force majeure continues, and THE SELLER will have an extension of the term to fulfill them for a period of time equal to the duration of the force majeure. THE SELLER will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
15. DISTANCE COMMUNICATION TECHNIQUE
The remote communication available by THE SELLER to enter into purchase contracts on this website will be electronic communications (emails or notices published on the web), which does not entail any cost for THE USER.
For contractual purposes, THE USER agrees to use electronic means of communication and acknowledges that all contracts, notifications, information and other communications that THE SELLER sends electronically meet the legal requirements that communication in writing.
Likewise, THE USER can contact us through the contact information that appears at the beginning of these Conditions or through any contact form on the website.
On the other hand, THE SELLER can contact THE USER by mail, telephone or postal mail provided by the same in the contracting process.
Communication that generates additional costs is not foreseen through premium rate telephones, certified postal mail, etc.
16. DATA PROTECTION
THE SELLER guarantees the protection and confidentiality of personal, domiciliary, payment and any other data provided by our clients in accordance with the provisions of EU Regulation 2016/679 (RGPD) and Organic Law 3 / 2018, of December 5, Protection of Personal Data and guarantee of digital rights.
In accordance with the provisions of the regulations indicated in the previous paragraph, we inform you that we process the data that you have provided us to carry out administrative, accounting and tax management, as well as to send you commercial communications about our products and / or services. The cause that legitimizes us is your consent and legitimate interest. No data will be transferred to third parties, except legal obligation. You have the right to access, rectify and delete the data, as well as other rights, indicated in the additional information https://vinofriki.com/politica-de-privacidad/
In the event of an error in the introduction of data, THE USER has the telematic and personal resources established in these conditions to proceed with its correction.
17. APPLICABLE LEGISLATION
These General Contracting Conditions are subject, among others, to the following Regulations:
- Law 7/1996, of January 15, on the Regulation of Retail Trade.
- Law 7/1998, of April 13, on General Contracting Conditions.
- Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of February 28, 2018 on measures aimed at preventing unjustified geographical blocking and other forms of discrimination based on nationality, place of residence or place of establishment of the customers in the internal market and amending Regulations (EC) no 2006/2004 and (EU) 2017/2394 and Directive 2009/22 / EC.
- Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which the Directive 95/46 / CE (General Data Protection Regulation).
- Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.
18. CODES OF CONDUCT TO WHICH WE ARE ADHERED
You are informed that we are not adhering to any Code of Conduct.
If a dispute arises from the conclusion of this purchase-sale contract between THE USER and THE SELLER, THE USER as a consumer may request an out-of-court settlement of disputes in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation No. 2006/2004 (EC) and Directive 2009/22 / EC. You can access this arbitration through the following link: http://ec.europa.eu/consumers/odr/
20. COMPETENT COURTS
The parties submit, at their option, for the resolution of conflicts to the courts and tribunals that are competent in each case.
In the event that the USER is domiciled outside of Spain, the seller and the USER expressly waive any other forum, submitting to the Courts and Tribunals of the city of Burgos (Spain).
MODEL WITHDRAWAL FORM
(You only have to fill in and send this form if you want to withdraw from the contract)
– For the attention of _________________________________________________________ (here you must insert the name of the employer, his full address and, if he has them, his fax number and his email address):
– I hereby inform you / we communicate that I withdraw from me / we withdraw from our contract of sale of the following good / provision of the following service
– Order on / received on
– Name of the consumer and CLIENT or of the consumers and clients
– Domicile of the consumer and CLIENT or of consumers and clients
– Signature of the consumer and CLIENT or of the consumers and clients (only if this form is presented on paper)