General Terms and Conditions
General Terms and Conditions
1. ACCEPTANCE AND AVAILABILITY
These Terms and Conditions govern the legal relationship that is created when users make a purchase on the Vilaviniteca.es website. By making a purchase through the website, you expressly agree to be fully and unreservedly bound by these clauses. By accepting these General Terms and Conditions, you represent that:
- You are of legal age and have contractual capacity.
- Vilaviniteca.es has provided you with a complete copy of the General Terms and Conditions applicable in accordance with the provisions below.
- You have read and fully understand the General Terms and Conditions.
- You freely consent to the entire content of these General Terms and Conditions and accept all the obligations set forth in them.
You may access the General Terms and Conditions at any time both prior to and after starting the product purchase process. You may also save them or reproduce them on a durable medium. Once you have purchased a product, you will receive confirmation via email of the contracted products together with the General Terms and Conditions that govern the contractual relationship. By purchasing any product, you expressly accept that the copies and confirmations required by Article 99(2) of Spanish Legislative Royal Decree 1/2007, of November 16, will be notified via email.
These General Terms and Conditions will be permanently accessible on the Vilaviniteca.es website so that the customer may consult and review them at any time, as well as download and print them.
Vilaviniteca.es reserves the right to modify these General Terms and Conditions.
If you have any questions regarding the General Terms and Conditions, you may contact the customer service department of Vilaviniteca.es at the following email address: [email protected]
2. NATURE OF THE CONTRACT
By means of this contract, Vilaviniteca.es (NEGOCIANTS, S.L.U, with registered office in Barcelona, c/ Agullers, 7, holding tax identification number (NIF) B-60389731), sells to the customer (any individual or legal entity with which Vilaviniteca.es enters into any sales contract on its website), and the customer purchases from Vilaviniteca.es, the product specified in the invoice/delivery note/order. The term "contract" means the sales transaction that is executed by means of this document. The term "product" means the goods that are purchased.
3. PURCHASE PROCESS
The purchase process is very simple, whether it is the first time you are purchasing on the website or whether you have purchased before. Two options are available:
- Purchasing as a registered customer, by logging into your account and retrieving previous data.
- Purchasing while registering, which allows the customer to make the purchase and register at the same time for greater convenience in future purchases.
The purchase process on the website is as follows:
- Shopping cart: the customer chooses the desired product or service and clicks on it, after which a detailed description of the product and the price will be displayed. By pressing the "add-to-cart" button, the product is added to the shopping cart.
- Billing/shipping address: the customer must select where the products will be shipped and which address should be used to issue the invoice, if any.
- Shipping method: the customer must choose how the products will be shipped. This section displays possible additional shipping costs, as well as the approximate delivery dates.
- Payment method: the customer must choose a payment method and confirm the order by paying for it.
Upon completion of the order, an email will be sent confirming receipt of the order and displaying all of the order's details, such as the chosen method of payment or the shipping address indicated. If you notice an error in the address indicated or in any other part of the order, you must immediately notify [email protected] to correct the error.
The prices of our products are stated in euros and include the corresponding Value Added Tax (VAT) depending on the product.
Vilaviniteca.es reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time the order is registered.
Our offers and prices are valid for as long as they are displayed on the website and always subject to stock availability.
We reserve the right to limit the maximum number of bottles of each wine per customer. Stock will be sold on a first-come, first-served basis.
Normally, we only offer products that we have in stock in our logistics warehouse (not all products are available in our stores). If the requested vintage year is not available, it may be substituted for the later vintage year, if available. For products not in stock, our offers will be valid subject to availability from our suppliers. Within this framework, information on product availability will be provided when each order is processed.
If a product is not available and cannot be substituted after processing an order, the buyer will be informed by email or telephone of the delivery of only a part of the order and may choose to accept or cancel it. In any case, the customer will receive a full or partial refund within 72 hours.
Payment for the product will be made online by VISA, MASTERCARD or AMEX credit card through a secure payment platform or through an eWallet payment platform.
When you press the "ACCEPT" button during the order confirmation, the bank checks the validity of your credit card number and verifies that it is not blocked. The credit card will be charged at the time of purchase.
All purchase transactions are carried out in strict confidentiality and using SSL encryption.
Through this encryption, Vilaviniteca.es therefore guarantees the confidentiality of the data provided by the customer, preventing its communication to third parties outside the legal relationship, in accordance with the provisions of the applicable data protection regulations, in particular, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation) and Spanish Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights. To strengthen security and verify the reliability of the data provided when placing an order, the company may make random requests for additional information from customers (such as a copy of their national identity card or proof of address of less than three months old) to verify that the purchase has been made by the actual cardholder. The document must be sent within five business days. Vilaviniteca.es reserves the right to refund the order if it does not receive the requested documents or if they are not valid.
In no case does Vilaviniteca.es have access to your bank details, nor does it store them on its servers. For this reason, you will have to provide them again each time you make a new transaction on our website. This provides double protection against abuse and fraud.
Vilaviniteca.es also reserves the right to cancel or refuse any order from a customer with whom it has a dispute regarding the payment of a previous order.
Vilaviniteca.es will deliver the corresponding invoice to the customer where the customer requests this when filling out the purchase process details.
Order delivery times:
- Delivery to capitals of the Autonomous Communities: 24-48 working hours (may vary in August and December*).
- Delivery to the rest of the Iberian Peninsula: 48-72 working hours.
- Delivery to Ceuta, Melilla and the Canary Islands: consult with [email protected]
- Delivery outside Spain: consult us at [email protected]
No deliveries are made on Saturdays, Sundays and holidays.
* During the months of August and December, the delivery time may be 2-3 additional working days longer than the indicated delivery times.
Products are shipped to the address indicated by the customer when this is placing the order. To optimize delivery times, we provide the buyer with the opportunity to indicate an address to which the order can be delivered during working hours from Monday to Friday from 9:00 am to 7:00 pm. The carrier may use your contact details to communicate the status of the delivery by SMS or email.
If the carrier attempts to deliver the package to you and there is no one to receive it, it will leave a note recording the delivery attempt. Please contact the office of the carrier as soon as possible using the telephone number provided in the note to arrange a new delivery.
If on the second delivery attempt no one is available to receive it, a note will be left again recording the second delivery attempt. Following the second failed attempt, your order will remain at the carrier's office for 15 days. Once this term has elapsed, your order will be returned to our warehouse.
When you receive your package, you must:
- Check that the goods received are compliant at the time of delivery.
- Record any anomaly on the delivery note, stating your reservations and including your signature.
- Carriers will not allow the goods to be returned if the customer opens them in their presence, but you can check the box from the outside and if you detect that the box is wet or damp, do not accept the order. Our partner will notify us of the incident and we will automatically process a new delivery at no cost to you.
You may check the transport costs here.
8. CANCELLATIONS, RETURNS AND WITHDRAWALS
The consumer-customer will have the right to withdraw from the contract during a period of 14 calendar days from receipt of the order without having to provide any reasons and without incurring any cost other than the cost of the return—which must be borne by the consumer, except where the product has been opened, tampered with or exposed to unsuitable conditions. You can notify the exercise of your right to withdrawal by means of the attached form (it may be sent by email or to our postal address) or by submitting any other type of unequivocal statement indicating your decision to withdraw from the contract within this period, by sending it to the email address [email protected]. In the latter case, we remind you that the burden of proving the exercise of the right to withdrawal will fall to the consumer-customer.
In the event of withdrawal on your part, we will refund any money received from you, at no additional cost (except for delivery costs) without undue delay and in any event no later than 14 calendar days from the date on which we became aware of your decision to withdraw from the contract. However, we may withhold the refund until we have received the goods or until you provide proof of return of the goods, whichever condition is met first.
If this period elapses without you communicating your wish to withdraw, no exchange or refund will be accepted.
You may not withdraw from the contract in the following cases, among others (Article 103 of Spanish Legislative Royal Decree 1/2007, of November 16, which approves the revised text of the General Law on the Defense of Consumers and Users):
- Supplies of goods prepared according to the consumer's specifications or clearly customized goods. -
- Supplies of perishable goods or goods that may rapidly expire.
- Supplies of sealed goods which are not suitable for return due to health or hygiene reasons and whose seal has been broken after delivery.
- Supplies of alcoholic beverages whose price was agreed upon at the time of the conclusion of the sales contract and which it has not been possible to deliver within 30 days, where the actual value depends on market fluctuations beyond the company's control.
The right of return cannot be exercised when there are indications that the products have been opened, manipulated or exposed to unsuitable conditions.
If the products to be returned are not protected with their original packaging or the packaging in question is not fit for purpose, is damaged or shows signs of any defect that could prevent their subsequent sale, the customer must pay the cost of the corresponding packaging.
No package will be accepted if it lacks any of the sender's identification details (name, surname, address, order number).
Once Vilaviniteca.es has received the returned product, and provided that the product is returned in the same conditions in which it was delivered to the customer by Vilaviniteca.es, the company will send the product to its technicians and experts to assess whether the content of the product retains the same organoleptic characteristics or whether it has been compromised due to incorrect handling by the customer or due to being subjected to conditions falling outside the ordinary purposes for which the product was intended. If it is proven that the product has suffered a drop in value due to the above circumstances, the customer will be liable for such drop in value.
The return of the products ordered will give rise to the refund of all amounts paid by the user.
The cost of the return will be borne by the user.
Excluded from this scenario are goods returned due to an error on our part or due to a defect or lack of conformity of the product. In particular, if you make the purchase with us as a consumer and user, we offer a statutory guarantee on the products that we sell through Vilaviniteca.es, in the terms legally foreseen, and therefore, assume liability for any products that are non-compliant at the time of delivery. In such case, Vilaviniteca.es undertakes to exchange the defective product for an equal one or refund the amount. It will also bear, as applicable, the cost of the return and subsequent re-shipment.
To make a return, please contact us by phone on +34 937 777 017 or by sending the attached form filled out in full to the following email address: [email protected]. You will receive an email acknowledging receipt of the return notification.
We will not accept any exchange or refund if we have not previously received a notification.
9. DATA PROTECTION AND CONFIDENTIALITY
Vilaviniteca.es complies with the provisions of the applicable data protection regulations, in particular, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation) and Spanish Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, as well as the regulations on information society services and electronic commerce, and has therefore adopted the necessary administrative and technical procedures to ensure the security of the personal data we collect.
The customer's personal data obtained during the purchase process, as well as updates and any personal information arising from the contract, will be processed by Vilaviniteca.es (Negociants, S.L.U., with registered office in Barcelona, c/ Agullers, 7, and holding tax identification number (NIF) B-60389731), as data controller. When a customer places an order, his or her personal data, address and payment details are added to our database and used only for the following purposes:
- Process and manage the order placed by the customer.
- Send communications and information regarding offers, products and services of Vilaviniteca.es and group companies that may be of interest to the customer, electronically to his or her email address or through other equivalent means of electronic communication. These communications may be sent where the customer expressly consents to them or in the case of communications concerning products or services of Vilaviniteca.es that are similar to those that the customer contracted initially. Vilaviniteca.es informs you that you may unsubscribe from these types of communications by following the instructions at the end of all our emails or by writing to the email address [email protected].
The legal basis for the processing of the personal data is the consent given by the customer, the execution of these General Terms and Conditions applicable between the customer and Vilaviniteca.es, compliance with statutory obligations and the legitimate interest of Vilaviniteca.es.
Vilaviniteca.es ensures the confidentiality of the data provided by our customers by only requesting personal data that are strictly necessary for the execution of the contract.
Vilaviniteca.es will retain your personal data while you continue to be a customer of Vilaviniteca.es or a customer registered on the website of Vilaviniteca.es. Any personal data retained after the termination of the contractual relationship will be duly blocked for the period of time necessary to meet any liabilities that may arise from those data.
Vilaviniteca.es undertakes not to use them for any purpose other than that agreed and not to transfer or sell them to third parties outside the group of companies under any circumstances.
The user represents that all the data provided by you are true and correct and undertake to inform Vilaviniteca.es of any changes that may occur to them.
In any case, you also have the right to file a complaint with the Spanish Data Protection Authority (Autoridad Española de Protección de Datos – www.aepd.es) or with the data protection authority in your country of residence.
10. RIGHTS AND OBLIGATIONS OF THE PARTIES
1)Obligations of Vilaviniteca.es:
Vilaviniteca.es undertakes to comply with the following contractual obligations:
Provide the service requested by you with the maximum guarantees in accordance with the provisions of these General Terms and Conditions, without breaching contractual good faith.
Expressly inform the user of the existence of these General Terms and Conditions prior to the start of the purchase process.
Inform the user prior to entering the contract, and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the products and services requested, such as their price and any applicable taxes.
Provide the user with a copy of the text of the General Terms and Conditions.
2)Obligations of the user:
For your part, the user undertakes to:
Fully comply with the provisions of these General Terms and Conditions regarding the products offered by Vilaviniteca.es and fill out the registration forms with accurate and current information prior to starting the purchase process.
Provide your correct bank details as requested by Vilaviniteca.es for the payment of the products' purchase price. In this regard, you accept that no claim submitted by you may serve to exempt you from this obligation.
3)Rights of the user:
All information provided to the customer will be binding for the seller under the terms established by the legislation in force.
All users have the right to receive purchased goods that conform to the category and statutory requirements stipulated in the contract or to a quality standard that is in direct proportion to the store's standing.
11. VALIDITY PERIOD OF THE TERMS AND CONDITIONS
These General Terms and Conditions will be valid for as long as they remain published on the website and they will apply to products and services purchased while these Terms and Conditions were available.
Vilaviniteca.es reserves the right, in any case, to modify them unilaterally, without this affecting the services contracted by users prior to the modification, except in those cases where the user has changed or modified the product or service contracted, in which case the terms and conditions in force at the time of the change or modification will apply.
12. VOID AND INOPERATIVE CLAUSES
If any clause included in these Terms and Conditions is declared totally or partially void or inoperative, that nullity will only affect that provision or part of it that is void or inoperative, and the General Terms and Conditions will survive in all other respects.
13. REGISTERED TRADEMARKS
All trademarks, logos and lettermarks displayed on this site are the property of Vilaviniteca.es or third-party companies. It is expressly prohibited to use, without prior consent, any elements of www.vilaviniteca.es that are subject to protection under current industrial property law. In particular, trademarks, trade names, business signs, denominative marks, logos, slogans or any type of distinctive sign belonging to Vilaviniteca.es may not be used without the written permission of Vilaviniteca.es or the third-party company.
14. LEGAL ACTION
Vilaviniteca.es reserves the right to take legal action against users who violate or infringe the company's intellectual and industrial property rights.
15. ONLINE CONFLICT RESOLUTION
Where the buyer has the status of a consumer, as required by Article 14(1) of Regulation (EU) 524/2013, of the European Parliament and of the Council, of May 21, 2013, we inform you that an out-of-court online dispute resolution platform exists and is made available by the European Commission at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, through which consumers may submit their complaints.
Furthermore, in compliance with Article 14(2) of the above Regulation, we inform you that VILA VINITECA has committed to using ALTERNATIVE DISPUTE RESOLUTION ENTITIES.
16. APPLICABLE LAW AND JURISDICTION.
This contract will be governed by Spanish law, which will be applicable to all matters not provided for in this contract as regards its interpretation, validity and enforcement. Any disputes arising from the sale of products through this WEBSITE will be submitted to the courts of competent jurisdiction as determined by law.
Vilaviniteca.es is managed by the company:
Negociants, S.L.U., with registered office in Barcelona, c/ Agullers, 7, and tax identification number B60389731, registered in the commercial registry of Barcelona, in Volume 26436, Page 95, Sheet Number B-103098, 1st Entry.