Conditions of Contract
1. SUBJECT MATTER
These General Terms and Conditions of Contract (hereinafter, GTC), together with such specific conditions as may be established, regulate the conditions of purchase of products through the website https://www.lamalditawines/tienda/ owned by VIVANCO ENOTURISMO Y EXPERIENCIAS S.L., with VAT no. B26308007, postal address at Carretera Nacional 232, 26330 – Briones (La Rioja).
The customer service telephone number is +34 941322350 and you can also contact us by e-mail at email@example.com.
Opening hours are Wednesday to Sunday 10 am – 6 pm except Saturdays, 10 – 8 pm.
Irrespective of the possible translations of the section of these GTC, the official language of the contract shall always be the Spanish version.
In accordance with Spanish Law, it is hereby made known that the sale and dispensing of alcoholic beverages to persons under 18 years of age is prohibited. Therefore, Tienda La Maldita will not accept users who cannot prove that they are of legal age as customers.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
The trade name, trademarks, logo and products contained in this website are protected by law. Vivanco Enoturismo y Experiencias S.L. reserves the right to take legal action against users who violate or infringe its intellectual and industrial property rights.
The photographs, graphic or iconographic representations and videos relating to the products, as well as the trade names, brands or distinctive signs of any kind contained in this website, are the exclusive property of Vivanco Enoturismo y Experiencias S.L. and are intended to provide the User with as much information as possible, although they are of a descriptive and informative nature.
3. DATA PROTECTION
4. HOW TO BUY
Buying products in our shop is easy, convenient and simple. Our website will guide you through the entire purchasing process. The products offered, together with their characteristics and prices will appear on the screen. The shipping costs to the delivery address indicated by the customer will also appear on the screen. The shipping costs of the order shall be borne by the customer. These products will be available for sale while stocks last. The prices indicated in the order form are in euros and include VAT and any other applicable tax and are those in force, except for typing or typographical errors.
The customer must select the products and specify the desired quantity and add them to the shopping cart. Once you have selected ‘Add to shopping cart’, you can continue shopping or complete your purchase. Once you have finished selecting products, you can click on the ‘View cart’ option to see the complete order and, if the order is correct, select the ‘Place order’ option. If there are any products that you do not want, you can delete them at that time.
Once the purchase has been confirmed, we will proceed to collect the invoicing and shipping details of the order.
When personal data is collected, its voluntary or required nature will be indicated. A refusal to provide data determined as required will result in the non-provision of the product for which such data was requested.
Vivanco Enoturismo y Experiencias S.L. reserves the right to decide, at any time, the products contained and offered to the users of this website. New products may be added to those included on the website at any time, it being understood, unless otherwise provided, that such new products shall be governed by the General Terms and Conditions in force at that time. Vivanco Enoturismo y Experiencias S.L. reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the website.
5. PAYMENT METHODS
To proceed with payment, the User should follow the instructions that appear on the screen depending on the chosen payment system.
- Payment by credit card. For its electronic payment system, Tienda La Maldita is a member of the REDSYS e-commerce platform. All data provided for this purpose are encrypted under the bank’s own security protocol, as it is the bank that collects the data and has the necessary measures in place to ensure maximum security. The e-commerce payment gateway system will confirm to Tienda La Maldita that the credit card has sufficient funds to make the charge and that the charge has been made satisfactorily as essential prerequisite for shipping the order to the customer. Payment by Mastercard, Maestro, Visa, Visa Electron and 4D is accepted.
- Payment through the PAY PAL platform. Seehttps://www.paypal.com/es/cgi-bin/webscr?cmd=xpt/Marketing/general/NewConsumerWorks-outside for the procedure for secure communication of your information.
- Payment via Bizum. More information at https://www.bizum.es/metodo-de-pago-online/
6. ORDER CONFIRMATION
Once the entire purchase process has been completed, the customer receives an e-mail message containing all the details of their order. If the customer does not receive it, they should contact Vivanco Enoturismo y Experiencias S.L. at the e-mail address firstname.lastname@example.org
The availability of the products is subject to the stock of the Tienda La Maldita. If a product and/or service is temporarily out of stock, we will inform you immediately.
7. SHIPMENT AND DELIVERY OF THE ORDER
Vivanco Enoturismo y Experiencias S.L. undertakes to deliver the products purchased to the delivery address indicated by the customer for this purpose in the order, immediately after formalising the payment, as soon as possible. Tienda La Maldita will keep the customer informed of the status of the order during preparation and dispatch.
In the event of omission or error in the completion of said data by the client, Vivanco Enoturismo y Experiencias S.L. will not be held responsible for any inconvenience caused and the costs of re-delivery will be borne by the client. Under no circumstances will deliveries be made to P.O. boxes. If a product and/or service is temporarily out of stock, we will inform you immediately.
The order placed by the customer will be delivered to the destination within 7 days from the date of payment; with the exception of orders paid by bank transfer in which case the period will be calculated from the issuance via e-mail of the confirmation of receipt of the payment in the account of Vivanco Enoturismo y Experiencias S.L. For shipments to different destinations or countries, please contact us through our contact section. We do not ship outside the Iberian Peninsula.
8.1. Right of Withdrawal
In accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November 2007 which approves the Consolidated Text of the General Act on the Protection of Consumers and Users (RLD 1/2007), the customer has a return period of fourteen calendar days from receipt of the goods. Products must be returned duly protected. All products must be in their original packaging, with their original unbroken seal, with all accessories and in perfect condition. This right may not be exercised when there are indications that the products have been opened, handled or exposed to unsuitable conditions.
In the event that the customer exercises their right of withdrawal, return shipping costs shall be borne by the customer, although under no circumstances may these costs be different from the shipping costs of the initial order.
To exercise the right of withdrawal, the customer can contact Vivanco Enoturismo y Experiencias S.L. by e-mail at email@example.com
8.2. Return of defective products
Upon receipt of the order, if the customer detects that the product received is defective or damaged, they should contact Tienda La Maldita by e-mail firstname.lastname@example.org within ten days of receipt of the order, so that Tienda La Maldita can manage the withdrawal and/or replacement of the product as soon as possible. After this period, the delivery shall be deemed to be accepted and in order.
In the event that the defect is due to a transport incident, it should be notified by e-mail to email@example.com within 24 hours of receipt.
8.3. Reimbursement of the price
Without prejudice to any other rights to which the customer may be entitled, they shall be entitled to reimbursement of the price of defective products or delivered products that do not match the order placed by the customer. Alternatively, the customer shall have the right to request and be delivered the same product in perfect condition.
The customer shall not be entitled to reimbursement of the price of returned products that are not in the same condition in which they were delivered, or fail to meet the requirements set out in these Conditions of Contract have not been met.
Partial returns of an order shall give rise to the reimbursement of the price of the product(s) actually returned.
Vivanco Enoturismo y Experiencias S.L. will manage the price refund order through the same payment system used by the customer to purchase the products, within fourteen days from the collection of the returned order and once Vivanco Enoturismo y Experiencias S.L. has verified that the products being returned comply with the requirements set out in the previous sections.
In the event that any clause of these Conditions of Contract is declared void, it shall be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the remaining provisions of these terms and conditions.
10. APPLICABLE LAW AND JURISDICTION
These Conditions of Contract are subject to Spanish law.
In the event of any dispute or claim between the parties in relation to the fulfilment or content of these Conditions of Contract, the parties agree to submit the decision of the matter raised to the competent Courts and Tribunals in accordance with the applicable legislation.
This merchant undertakes not to allow any transaction that is illegal, or is deemed by credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence it. The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited:. “The sale of alcoholic beverages to minors.”