GENERAL CONDITIONS OF SALE
PURPOSE OF THE AGREEMENT
The purpose of these conditions is to regulate access to, and the procedure for acquiring, the products supplied by VINOSELECCIÓN, S. A. to users through its website, and they constitute the legal framework for the contractual relationship. The products and contents will be those which are available to users on the following website owned by VINOSELECCIÓN, S.A.: http://www.vinoseleccion.co.uk For any complaints, please contact:
VINOSELECCIÓN, S. A.
C/ Guzmán El Bueno, 133 7ª planta 28003 Madrid
Tel.- 0808 2346 543
CONSENT AND AVAILABILITY
The present conditions regulate the legal relationship arising from the contractual processes entered into by users through the website of VINOSELECCIÓN, S. A. Users expressly agree to abide fully and unreservedly by the present conditions as published by VINOSELECCIÓN, S. A. at the time they contract the product and/or contents in which they are interested. Users accordingly undertake to read the conditions of contract carefully each time they proceed to contract a product, as these conditions may have been modified since the last time they accessed the site. By accepting the present general conditions of contract the user declares that:
1. He/she has the capacity contract and is of legal age.
2. He/she has read and agrees to the present general conditions of contract.
Prior to initiating the product contracting procedure, users will always have access to the conditions of contract, which may be stored and/or reproduced in a durable format.
MODIFICATION OF THE CONDITIONS OF CONTRACT
VINOSELECCIÓN, S. A. may modify the present stipulations provided it has sufficient cause or reason to do so. Sufficient cause or reason for a modification is deemed to include, but not be limited to, when the purpose of the modification is:
1. To broaden the range or number of products made available to users or to improve the existing products.
2. To modify, substitute or update the prices of the products offered through the website.
METHODS OF PAYMENT
This merchant is committed to not allow any transaction that is illegal, or is deemed by the Credit Card Brands or the Acquirer in its sole discretion, to damage or have the potential to damage their goodwill or reflect negatively on them. The following activities are prohibited under the card brands programs: the sale or offer of sale of a product or service other than in full compliance with all laws applicable to the Acquirer, Issuer, Merchant, Cardholder or Cards.
In addition, the following activities are also explicitly prohibited:
- Sell wine to children under 18 years
The prices and rates applicable to the services contracted by the user will be those displayed on the website owned by VINOSELECCIÓN, S. A. : http://www.vinoseleccion.co.uk at the time the user accesses the particular service and initiates the contractual process.
VINOSELECCIÓN, S. A. reserves the right to modify the prices of the products published on the above-mentioned website when it deems fit, by displaying this on the website.
Prices and taxes applied
The prices applicable are those displayed on the website at the time the customer places his/her order. The price of the products displayed on the website includes:
-Value Added Tax (VAT)
Vinoselección will deliver the order at no additional cost to the customer within a maximum period of 15 working days.
We accept orders to postcodes in England, Wales, Scotland and Northern Ireland.
Vinoseleccion can deliver to Isle of Man, Republic of Ireland and Channel Islands at an additional cost of £15.00.
METHODS OF PAYMENT
1. CREDIT CARD
We only accept VISA and MASTERCARD.
Your card will be automatically charged when the order is processed. This transaction is carried out through a secure server of Vinoselección, which guarantees the confidentiality of the data supplied by the customer through encryption, and does not disclose them to third-parties outside the legal relationship, pursuant to Spanish Law 15/99 on the Protection of Personal Data. The company may ask the customer for additional information in order to check that the purchase has been made by the card holder.
Payment by credit card is subject to a small bank commission charge on the difference in the exchange rate between the GBP and the Euro at the time the purchase is charged.
2. BANK TRANSFER
Members may pay by bank transfer for the agreed amount within five working days of placing the order.
The transfer should be made to the following account held by VINOSELECCION S.A.:
IBAN: IBAN ES51 2100 8648 8072 0030 9063
For administrative purposes, members should supply their customer number or the number of the relevant invoice.
CONDITIONS OF SALE
The prices and texts published on the http://www.vinoseleccion.co.uk website, including technical specifications, are subject to variation without notice. It is customers’ responsibility to check the goods that are delivered to them.
In the event a product needs to be changed because it is faulty, Vinoselección will collect the product in question and replace it with another in perfect condition or refund the amount paid.
VINOSELECCIÓN, S. A. will likewise bear the cost of shipping the replacement product.
The risk of loss of or damage to the goods is transferred to the customer from the moment the goods are delivered to the customer’s address.
VINOSELECCIÓN, S. A. is not liable under any circumstances for damage caused by improper use of the goods.
Users will be guided through the steps of the contractual procedure and of the identification and correction of data provided for the contractual procedure through the forms created for this purpose.
VINOSELECCIÓN, S. A. does not store each electronic contract document. On the contrary, the user accepts the present general conditions of sale, which will remain accessible through the website.
Offers will last as long as is specified in each case on the website. In the event that stocks run out before the end date of the offer, provided the user agrees, he/she may be supplied with a product of equivalent quality and price.
Users may consult the basic characteristics of each product through the descriptions provided on the website.
GUARANTEE OF SATISFACTION
Vinoselección Club de Vinos guarantees that it will change or automatically reimburse members for any order that is not entirely satisfactory, provided we are informed within three months of the delivery of the wine. This condition exclude products designated as Fine Wines.
RIGHTS AND OBLIGATIONS OF THE PARTIES
1. Obligations of VINOSELECCIÓN, S. A.:
VINOSELECCIÓN, S. A., undertakes to comply with the following contractual obligations arising from the commercial relationship with the user as a result of the user contracting the services:
To offer the user every guarantee that the service requested by him/her is provided in accordance with the conditions of contract and in contractual good faith.
To expressly inform the user of the existence of the present conditions prior to commencing the contractual procedure.
To inform the user, prior to contractual commitment and in clear, specific, precise and unequivocal terms, of the specific characteristics of the services requested, such as their price and any applicable taxes.
To provide the user with a copy of the text of the general conditions.
2. Obligations of the user
The user undertakes:
To comply in full with the present conditions governing the services provided by VINOSELECCIÓN, S. A.
To complete the registration forms prior to commencing the contractual procedure with truthful, up-to-date information.
To supply correctly the bank details requested by VINOSELECCIÓN, S. A.
To pay the price of the products purchased; the user is not exempted from this obligation in the event he/she lodges a complaint.
3. Rights of the user:
All the information provided to the customer shall be binding for the offering party under the terms established by current legislation.
All users are entitled to require that the goods they purchase conform to the category and legal requirements contracted or be of a quality directly proportional to the category of the establishment.
CONDITIONS OF USE
The user undertakes and assures that he/she will use the website in accordance with the provisions established in the general contractual conditions and applicable legislation, and with ethical conduct and good practice.
By accepting these provisions, the user undertakes to use the present website and the products made available on it in the manner established on the site, with the obligation not to use the present website and its products for purposes which are illegal and/or contrary to the purposes established in this disclaimer, which might damage the rights and/or interests of third parties, or which could in any way damage this website or prevent it or the products offered or to be offered on it in the future from functioning correctly.
The user shall likewise refrain from obtaining the contents provided on the website by illicit or fraudulent means, theft or plagiarism, in accordance with the provisions of the Spanish Criminal Code and applicable legislation.
VINOSELECCIÓN, S. A. reserves the right to refuse access to the website without prior notice to any user who contravenes the provisions of these general contractual conditions.
The user undertakes not to make unlawful use of the contents of the website or any use which could damage VINOSELECCIÓN, S. A. The user will therefore refrain from modifying, copying, distributing, publishing, transferring and/or selling any information or image concerning the website owned by VINOSELECCIÓN, S. A.
1. Cookies and secure environment
VINOSELECCIÓN, S. A. uses cutting-edge technology on its website to guarantee that information is protected. VINOSELECCIÓN, S. A. guarantees that the contracting of the products takes place in a secure environment.
VINOSELECCIÓN, S. A., is not responsible for any websites linked to this one and is therefore not responsible or liable for the contents of such websites. These websites are consulted entirely at the risk of users, who must abide by the terms, conditions and disclaimers of these sites, for which VINOSELECCIÓN, S. A. is likewise not responsible or liable.
3. Intellectual and industrial property
© VINOSELECCIÓN, S. A. owns the intellectual and industrial property rights over the elements of the website design, such as the trademark, trade name and distinctive sign. In particular, but not only, logos, colour combinations, the selection and manner of presentation, the website source code, menus, browse buttons, the HTML code, Java applets, images, graphics and all other contents of the websites owned by VINOSELECCIÓN, S. A. are protected by copyright.
The user undertakes to respect the intellectual and industrial property rights over the website and will accordingly refrain from copying, reproducing, distributing, making available or publicising the contents of the website except with the express written consent of VINOSELECCIÓN, S. A.
4. Limitation of liability
The user expressly exempts VINOSELECCIÓN, S. A. from all liability for direct or indirect damage arising from possible errors on the website and for any interruption, suspension, delay or anomaly in access to the site.
VINOSELECCIÓN, S. A. undertakes to make every endeavour to protect the website from viruses, Trojans and other elements that could harm or damage the computer system of the user or of third parties. In any event, the user exempts VINOSELECCIÓN, S. A. from all liability for any direct or indirect damage caused by the possible existence of such harmful or malicious elements.
PERIOD OF VALIDITY OF THE PRESENT CONDITIONS
The present conditions will be valid while they remain posted on this website and will apply to services acquired at the time these conditions are displayed.
In any event, VINOSELECCIÓN, S. A. reserves the right to modify these conditions unilaterally; this will not affect the services contracted by users prior to the modification except where the user has changed or modified the service contracted, in which case the conditions in force at the time of that change and/or modification shall apply.
If, within a period of fourteen days from delivery of the order, the customer wishes to return the product, our Customer Services Department will take the necessary steps to arrange the return under the following conditions:
Products must be returned in their packaging and in their original condition. The customer will have forteen working days following receipt of the order to terminate the agreement without incurring any penalty or expense whatsoever.
Faulty or damaged products. If the customer notices that the product received is faulty or damaged, he/she must contact the Customer Services Department within seven working days of receiving the order. The department will take the necessary steps to replace it with a new one in perfect condition at no additional charge.
If the product is not available, the company will reimburse the customer for the amount paid.
FINE WINE RETURNS AND CANCELLATIONS
Special return and cancellations conditions apply for products designated as Fine Wine. Refunds for such products will be offered if cancelled within 7 working days of receipt of the goods and returned un-opened and in its original condition. A charge of £10 for collections will be payable.
Cancellations will be accepted for orders which have not yet been dispatched to the address indicated by the client. If the goods have already been dispatched, it will be considered a return (see the section on Returns).
The company allows orders to be cancelled via its website or through any of the means of contacting the Customer Services Department.
NULLITY AND INVALIDITY OF THE CLAUSES
any of the clauses included in these conditions were to be declared wholly or partially null or void, this nullity shall only affect the particular clause or part thereof that is null or void, and the other conditions shall remain valid.
In the event of a dispute, the contracting parties submit to the jurisdiction of the courts and tribunals of Alcobendas and San Sebastián de los Reyes (Madrid, Spain), expressly renouncing any other jurisdiction that might be applicable to them, and the party in breach of the agreement shall be responsible for any court or out-of-court expenses arising from the claim, including fees of lawyers, court representatives, etc.
DOCUMENT OF CANCELLATION AND WITHDRAWAL
DOCUMENT OF WITHDRAWAL
If, once the product or products have been dispatched, you wish to withdraw from the agreement within seven (7) working days of receiving the product, please complete the following form and send it with the product or products to:
Vinoseleccion, S.A, Guzman el Bueno, 133 7º, 28003 Madrid, Spain
DATE OF ORDER:
DATE OF DELIVERY:
Personal details provided in this form will be stored in a file held by VINOSELECCIÓN, S. A. in order to process your cancellation or withdrawal. You will be able to exercise your rights of access, rectification, cancellation and objection by ordinary post to the above-mentioned address, identifying yourself as a customer of ours, providing a photocopy of your passport or equivalent document and specifying your request.
1.- LEGAL INFORMATION
www.vinoseleccion.co.uk (hereafter the WEBSITE) is a domain registered by VINOSELECCIÓN, S.A. (hereafter THE COMPANY), an enterprise registered in the Registro Mercantil (commercial register) of Madrid, Tomo 3.680, General 2.935, Sección 3ª de sociedades, Folio 41, Hoja 27.967, Inscripción 1ª.
REGISTERED OFFICE: C/Guzmán El Bueno 133, 7ª Planta.
TEL.: 0808 2346 543
2.- Nature of the services
Access to the WEBSITE is, in principle, free of charge, although the contracting of products and services through the WEBSITE is subject to financial consideration.
3.- Responsibility of the USER
The USER undertakes not to use the WEBSITE or the information provided on it to perform activities that are against the law, moral standards or public order and undertakes in general to use it in accordance with the conditions established by THE COMPANY.
Opinions, contents and, in general, all activities performed by USERS are the sole responsibility of the latter and THE COMPANY cannot be held liable for any damages arising from such activities beyond its control and of which has no effective knowledge.
4.- Responsibility of the COMPANY
THE COMPANY will not be held responsible for errors in access to the WEBSITE or in the contents thereof, although it will make every effort to ensure that such errors do not occur.
THE COMPANY reserves the right to suspend temporarily, without notice, access to the WEBSITE in the event it is necessary to perform maintenance, repairs, updating or improvements.
5.- Intellectual and Industrial Property
All the contents of the WEBSITE (including and not limited to databases, images, drawings, graphics, text files, audio, video and software) are owned by THE COMPANY and are protected by national and international legislation on intellectual and industrial property, with all rights being reserved.
The domain name, trademarks, headings, distinctive signs and logos that appear in the WEBSITE are the property of THE COMPANY.
All the texts, graphics, videos and audio media that may be found on this website currently or in the future are owned by THE COMPANY and may not be subsequently modified, copied, altered, reproduced fully or partially, adapted or translated by the USER except with express permission from THE COMPANY.
Unauthorised use of the information contained in this WEBSITE and damage to the intellectual or industrial property rights will incur legal liabilities.
The establishment of any hyperlink from another website to any of the pages of THE COMPANY’S WEBSITE shall be subject to the following conditions:
The services contained in THE COMPANY’S WEBSITE may not be reproduced wholly or in part.
False, inaccurate or incorrect statements about the pages of THE COMPANY’S WEBSITE and its services may not be included.
Under no circumstances shall THE COMPANY be held responsible for the contents, information, statements, opinions or services made available to the public on the website from which a hyperlink to the present WEBSITE is established.
Hyperlinks shall be made to the home page of the WEBSITE.
Hyperlinks featuring on the WEBSITE have been previously agreed on with the owners of the linked web pages. THE COMPANY shall not be liable for improper use or for activities contrary to the law, moral standards or public order by users on the linked pages.
7.- Validity of the conditions of use
The conditions of use for this WEBSITE are indefinite. THE COMPANY reserves the unilateral right to modify the conditions governing access to them and their contents.
8.- Nullity and invalidity of the clauses
If any of the clauses included in these conditions were to be declared wholly or partly null or void, this nullity shall affect only the particular clause or part thereof that is null or void, and the other conditions shall remain valid.
9.- Applicable legislation and jurisdiction
The provision of the service of this WEBSITE and the present conditions of use are governed by Spanish law.
Any dispute involving the services provided through this WEBSITE shall be settled through the consumer arbitration boards, mediators or similar to which THE COMPANY is affiliated at the time the dispute arises, and through the relevant courts and tribunals in accordance with Spanish legislation.