General Contract Conditions

I Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the BUYER is ATELIER DISFRUTONES DEL VINO, SL, with registered office at C / Ramón y Cajal 5, office 21, 28100 Alcobendas (Madrid), CIF B88198007, and with a telephone service to the customer / BUYER: [+34] 677079059.

And on the other hand, the BUYER, who, without having to register prior to the purchase process, is the one who indicates in the corresponding purchase form their data as BUYER, over which they have full responsibility for use and custody, and on which The responsibility of the veracity of the personal data provided to the SELLER rests.

II Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale created between the SELLER and the BUYER at the moment the latter accepts the corresponding checkbox or check-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.

III Acceptance of the General Contract Conditions

These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern, together with the Privacy Policy and the Cookies Policy (which can be found on this portal), the access and use of the website www.atelierdevino.com and the associated iOS / Android mobile applications (hereinafter, the “Portals”) as well as the contracting of products and / or services through them. The simple access to the Portal attributes to whoever performs it the condition of BUYER of it and implies acceptance of all the terms included in these General Conditions. In case of not agreeing with these, the BUYER must immediately leave the Portal, without using it.

Thus, by accepting these General Conditions, the BUYER states:

1. That you have read and understood what is stated here.
2. That you are of legal age in accordance with the regulations in force in your place of residence. Otherwise, the minor must have the authorization of their legal representatives.
3. That, in the event that you are willing to contract a product and / or service, you have sufficient capacity to do so.
4. That he assumes all the obligations set forth herein.

VI Modification of the General Contracting Conditions

The BUYER must carefully read these General Conditions each time they access the Portal, since it and these General Conditions may be modified.

The owner of the Portal reserves the right to make, at any time, any modification or update of its contents and services, of these Conditions and, in general, of how many elements make up the design and configuration of the Portal. Such modifications will not affect the goods or promotions that had been acquired prior to said modification.

In the event that the SELLER entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties recognize as the only valid version of said conditions at any time that which appears in the database of the trusted third party.

V General contracting or purchase procedure

The BUYER, in order to access the services or products offered by the SELLER, must only indicate in the purchase process their data as BUYER, which, in any case, will be provided freely and voluntarily, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (RGPD), and Organic Law 3/2018, of December 5 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website , as well as in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE).

Thus, the BUYER must proceed to their registration indicating their full name, billing / shipping address, and email address, being able to indicate the email of a sponsor BUYER.

In any case, the BUYER will be required to accept these General Conditions, as well as the Privacy Policy and the Cookies Policy.

Banco Santander guarantees that each of the transactions made at atelierdevino.com is 100% secure . All operations that involve the transmission of personal or banking data are carried out using a secure environment. Atelier de Disfrutones del Vino, SL uses a server based on standard security technology SSL (Secure Socked Layer). All the information that you transmit to us travels encrypted through the network.

Likewise, the data on your credit card are not registered in any database but go directly to the Bank’s POS (Point of Sale Terminal).

In addition, we inform you that in an effort to provide greater security to credit card owners, we have incorporated the secure payment system called CES (Secure Electronic Commerce) into the Banco Santander payment gateway. In this way, if you are the holder of a “secured” card, you can always make payments with a VISA or MASTERCARD in our store.

In the event that your card is not attached to this payment system, you can contact clientes@atelierdevino.com

When paying with a VISA or MASTERCARD card, the following information will always be requested during the transaction and through the payment gateway (Banco de Santander): the card number, the expiration date, and a Validation Code that matches the last 3 figures of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction.

Important: Credit card fraud is a crime, and Atelier de Disfrutones del Vino, SL will take legal action against anyone who carries out a fraudulent transaction in our online store.

CLAUSES / STIPULATIONS

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the SELLER will imply acceptance by the BUYER of these legal conditions. No stipulation made by the BUYER may differ from those of the SELLER if it has not been expressly accepted in advance and in writing by the SELLER.

2. DELIVERY OF ORDERS

The SELLER will  send the order once it has verified that the payment has been made.

Merchandise shipments will usually be made by EXPRESS COURIER or specialized transport company, according to the destination freely designated by the BUYER.

The delivery dates or deadlines shall be understood as approximate, the delay not constituting an essential breach. In the event that the SELLER has not delivered the merchandise after 15 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid, at no cost, and without due no liability is derived for damages attributable to the SELLER.

The delivery time is usually between 1 and 5 working days, at most, depending on the destination population and the chosen form of payment. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

The delivery of orders will be made at the delivery address freely designated by the BUYER.

The SELLER will not assume any responsibility when the delivery of the product or service does not take place, as the data provided by the BUYER is false, inaccurate or incomplete, as well as in the event that the delivery cannot be made for reasons beyond the SELLER’s control, as would be the absence of the recipient in the delivery address.

The delivery will be considered made when the carrier has made the products available to the BUYER and the latter, or the latter’s delegate, has signed the delivery receipt document.

Notwithstanding what is indicated in the previous paragraph, in the absence of the recipient, and whenever possible, a “note of passage” will be left with the necessary information to arrange a new delivery at the recipient’s address. In any case, after 7 days from the last delivery attempt without the order having been delivered, it will be returned to origin, proceeding to contact the BUYER to agree on a resolution.

If the BUYER, because it is a “special” order or because our shipping conditions do not meet their needs, they can write to info@atelierdevino.com or contact us on our Customer Service phone.

It is the responsibility of the BUYER to verify the products upon receipt and expose all exceptions and claims that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

The BUYER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects that the product or service presents, both online and offline.

The BUYER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it. Unless the return is made due to defects in the product, the shipping costs will be borne by the BUYER. The product must be returned in its original packaging, without unsealing it and in perfect condition.

The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition.
2. When the product is open, with the exception of a bottle that has been tasted and shows the problem.
3. When they are personalized products or those that, for hygiene reasons or other legally foreseen exceptions, are not susceptible to this right.

Regarding “advanced” purchase products, it must be understood that they constitute one of the exceptions provided for in article 103 of Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16. Therefore, the BUYER may not withdraw from this purchase, although it may interrupt the request for winemaking, with compensation equivalent to the amount paid, depending on the established tranches . The purpose of this compensation is to compensate the SELLER for the costs and commitments incurred for the production of the product.

Once the wine has been delivered, the buyer may exercise the right of guarantee or refund, according to the established terms.

All returns must be communicated to the SELLER, requesting a return number (RMA) through the RMA form enabled for this, or by email to clientes@atelierdevino.com , indicating the invoice or order number.

Once the BUYER has received the RMA number, he will send the product to the SELLER, indicating this number in the shipping letter, with the transport costs at his expense, at the SELLER’s address, Calle  Ramón y Cajal 5, 21, Alcobendas 28100 Madrid.

4. CLAIMS

Any claim that the BUYER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:

• Postal : ATELIER DISFRUTONES DEL VINO, SL, C / Ramón y Cajal 5, nº 21, Alcobendas 28100 Telephone: 677079059
• Electronics :clientes@atelierdevino.com

5. RESOLUTION LITIGATIONS ONLINE ( Online Dispute Resolution / ODR )

In accordance with art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the BUYER and the SELLER, without the need to resort to the courts of justice, through the intervention of a third party, called Dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict.

6. WARRANTY AND RETURN POLICY

6.1. Guarantees on the originality of products

All products offered through the website are completely original, unless otherwise indicated in their description.

6.2. Compliance of the products with the contract

Unless proven otherwise, it will be understood that the products are in accordance with the contract, provided that they meet all the requirements expressed below, unless, due to the circumstances of the case, some of them are not applicable:

1. They conform to the description made by SELLER.
2. They are suitable for the uses to which products of the same type are ordinarily used.
3. They are suitable for any special use required by the customer when he has made it known to the SELLER, at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
4. Present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by the SELLER.

The SELLER describes the details, technical characteristics and photographs of the products provided by the manufacturer and / or their producer, so that he is not bound by these public statements.

Liability will not proceed for lack of conformity that the BUYER is aware of or has not been able to ignore at the time of the conclusion of the contract, or that have their origin in materials supplied by the BUYER.

The products marketed through this website have all the guarantees. In those incidents that justify the use of the guarantee, it will be decided to repair, replace the article, discount or return, in the legally established terms, and especially in accordance with Royal Legislative Decree 1/2007, of November 16.

6.3 Lack of conformity

The SELLER is responsible for the lack of conformity that is manifested, as established by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and buyers and other complementary laws.

Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. , as would be the case of wine bottles in glass or glass containers, while the product that contains it evolves (becoming denatured) depending on its conditions of conservation and maintenance, temperature, exposure to sunlight, movements rotating, etc., so that, unless the batch and the delivery date to which a certain bottle may belong had presented problems common to others, it must be considered that, at origin, the product was delivered in full compliance.

The BUYER must inform the seller of the lack of conformity within 14 days from receipt of the wine.

The BUYER has a period of 14 calendar days from receipt of the products to request their return or replacement, by sending an email to info@atelierdevino.com .

The BUYER must state the order number and the products he wants to return.

The BUYER must return the rest of the product units that have not been tasted in perfect condition, properly protected, without unsealing and in their original packaging to our facilities. After verification by the SELLER of the good condition of the returned products, the corresponding amount will be reimbursed, using the same means of payment that the BUYER used for the initial purchase.

In “advanced” purchase products, if due to force majeure and beyond the normal operation of the SELLER, such as frost, floods and similar situations, the wine of the established harvest cannot be delivered, the BUYER will have the option to extend the reservation to the next available vintage, or request a refund of the amount, using the same means of payment that it used for the purchase.

6.4 Selection of products by the BUYER

Any registered BUYER may contract the purchase of products through the Portal.

The purchase process at ATELIER DE VINO is based on a virtual basket, to which the BUYER can add the products he wishes to purchase.

At any time, the BUYER can access and modify the content of the basket.

6.5 Processing the order

6.5.1. Basket (budget simulation)

Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated, according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where a budget can be simulated, without any commitment by both parties.

From the basket, you can place an order by performing the following steps for its correct formalization:

1. Checking the billing information.
2. Checking the shipping address.
3. Selection of the payment method.
4. Place the order (buy).

Once the order is processed, the system instantly sends an email to the SELLER’s management department.

6.5.2. Orders (purchase requests)

Once the products you wish to purchase are in the shopping cart, the BUYER may start the order processing by selecting the option “See basket”, which will show the BUYER the content of the virtual basket, allowing the modification of the products selected and their removal from the shopping cart.

The BUYER must ensure that the products indicated on the screen are the ones he wishes to purchase and select the one corresponding to the shipping address from the listed geographical areas. At this point the total price of the selected products and the shipping costs generated are shown. Also in this section, the BUYER may view, where appropriate, the promotions automatically applied to their order, use the promotional codes and / or gift vouchers available to them.

The BUYER must indicate the shipping data; To continue with the contracting process, the BUYER must fill in the shipping information, including his full name, telephone number and address, filling in all the fields marked as mandatory. In this section, the BUYER may include the useful information that it deems necessary for the courier, although the SELLER cannot guarantee compliance.

If the BUYER wants the billing address to be different from the shipping address, they must check the box “Ship to a different address?” and fill in the corresponding information. Likewise, it will be necessary for the BUYER to accept the “privacy policy” and these “purchase conditions”.

In the next phase of the purchase process, the BUYER must select the payment method.

When placing the order, the BUYER will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an email to the BUYER confirming the operation.

6.6 Responsibility of the SELLER

The SELLER will respond to the BUYER for any lack of conformity that exists at the time of delivery of the product, in the terms established by the applicable legal regulations.

The SELLER recognizes the BUYER the right to repair the product, to replace it, to reduce the price and to terminate the contract, in accordance with the applicable legal regulations.

6.6.1. Repair or replacement of products

If the product does not comply with the contract, the BUYER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the BUYER communicates the chosen option to the SELLER, both parties must abide by it. This decision of the BUYER is understood without prejudice to the provisions herein for cases in which the repair or replacement fails to bring the product into compliance with the contract.

Any form of remediation that imposes on the SELLER costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity, will be considered disproportionate. and if the alternative form of sanitation could be carried out without major inconveniences for the BUYER.

6.6.2. Rules of repair or replacement of the product

Repair and replacement will conform to the following rules:

1. They will be free for the BUYER, when they are intended to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
2. They will be carried out within a reasonable period of time and without major inconveniences for the BUYER, taking into account the nature of the products and the purpose they had for the BUYER.
3. The repair suspends the calculation of the periods referred to in section 6.6). The suspension period will begin from when the BUYER makes the product available to the SELLER, and will conclude with the delivery to the BUYER of the repaired product. During the six months after delivery of the repaired product, the SELLER will be liable for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
4. If the repair has been completed and the product is delivered, it is still not in accordance with the contract, the BUYER may demand its replacement, within the limits established in these General Conditions, or the price reduction or the termination of the contract in the terms in them collected.
5. If the replacement fails to bring the product into conformity with the contract, the BUYER may demand the repair of it, within the limits established in these General Conditions, or the price reduction or the termination of the contract in the terms contained therein. .

6.6.3. Price reduction and contract termination

The resolution of the contract will proceed, at the option of the BUYER, when the latter cannot demand the repair or replacement of the product, and in cases where these have not been carried out within a reasonable time or without major inconveniences for the BUYER. The resolution will not proceed when the lack of conformity is of little importance.

6.7. Deadlines

Unless proven otherwise, the delivery of the purchased products is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.

6.8. Action against the producer

When the BUYER finds it impossible or an excessive burden to contact the SELLER due to the lack of conformity of the products with the sales contract, he may claim directly from the producer, in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for the SELLER, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

Producer is understood to be the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, trademark or other distinctive sign on the product.

Whoever has responded to the BUYER, will have a period of one year to repeat against the person responsible for the lack of conformity. This period is computed from the moment the cleanup was completed.

7. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, include shipping, handling, wrapping and packaging costs (in boxes specially designed to transport bottles), shipping insurance or any other additional services attached to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency.

The BUYER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, the BUYER will be able to check online all the details of the budget: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily, as long as the order is not made.

Any payment made to the SELLER entails the issuance of an invoice in the name of the registered BUYER, or of the business name that he has informed at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the BUYER.

The SELLER is not responsible for the delay in the delivery of orders due to unforeseen circumstances or force majeure.

For any information about the order, the BUYER may contact the SELLER through the customer service telephone number: 677079059, or via email at the address: clientes@atelierdevino.com .

8. TRANSPORTATION COSTS

Prices include, unless otherwise indicated, shipping costs in the Iberian Peninsula and the Balearic Islands.

9. PAYMENT METHOD

The purchase of products through the SELLER’s payment gateway allows payment by debit or credit card (VISA, MASTERCARD), through a virtual POS.

To use the credit card through a virtual POS, the buyer must fill in a form, indicating the name of the owner of the card, type of card, expiration date of the card and security code.

The SELLER does not have access to the bank data linked to the means of payment, and does not know or record these data during the payment transaction.

10. FORCE MAJEURE

The parties will not incur liability for any fault due to a major cause. Compliance with the obligation will be delayed until the cessation of force majeure.

11. COMPETITION

The BUYER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The BUYER declares to have read, know and accept these General Conditions, in their entirety.

12. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the SELLER will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the SELLER’s Commercial Proposal, or stipulated herein, will have effect, except for an express written agreement signed by the SELLER, in which case these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, the SELLER reserves the right to modify its specifications regarding the information provided in its advertising. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

13. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present General Conditions subsisting in everything else, considering such provision totally or partially by not included.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The SELLER and the BUYER agree to submit any controversy that may arise from the provision of the products or services that are the object of these Conditions to the courts and tribunals of the BUYER’s domicile.

In the event that the BUYER is domiciled outside of Spain, the SELLER and the BUYER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of Madrid (Spain).