Users’ access to the portal and the purchase of products offered through the website involves the processing of personal data. BODEGAS CONCAVINS, S.A. attaches great importance to compliance with the legislation on personal data protection and on information society services and electronic commerce.
Generally speaking, persons who use the website do so without having to provide any personal data. Nevertheless, in order to access the services, in certain cases Users will have to provide certain personal data. BODEGAS CONCAVINS, S.A. guarantees the confidentiality of the personal data provided by Users, in accordance with that established in the legislation on Personal Data Protection and on Information Society Services and Electronic Commerce.
BODEGAS CONCAVINS, S.A. complies with the current legislation on data protection, and has adopted the necessary administrative and technical procedures to guarantee the security of the personal data it compiles.
In this respect, Users are informed and give their consent to the incorporation of their data into computer files owned by BODEGAS CONCAVINS, S.A., with its offices in Ctra. de Barberá de la Conca, km 0,8, Barberá de la Conca CP 43422, files which are duly registered in the General Personal Data Protection Register. Users also consent to the automatic processing of their data following an enquiry about, a request for, or the contracting of any service, or following any transaction or operation performed with a view to gaining access to the information and services provided by CONCAVINS, S.A. through the website; likewise, Users give their consent, where appropriate, to the maintenance of the contractual relationship, as well as to the dispatch of offers or advertising and promotional material.
The User declares that all the data he or she has provided is true and correct, and undertakes to inform BODEGAS CONCAVINS, S.A. of any changes to this data. The User has the right to oppose the processing of any data that is not essential to the execution of the agreement, and to oppose the use of said data for any purpose other than that of maintaining the contractual relationship.
Likewise, and in compliance with Law 34/2002 on Information Society Services and Electronic Commerce, BODEGAS CONCAVINS, S.A. shall only send offers or advertising and promotional information by e-mail to the User's e-mail address, or by means of another equivalent electronic medium, if the User has given his or her consent to this.
BODEGAS CONCAVINS, S.A. hereby informs Users that they may express a wish not to receive such communications by following the instructions that appear at the foot of all our e-mails, or by notifying this company thereof in writing via the e-mail address firstname.lastname@example.org.
GENERAL CONDITIONS OF SALE
OBJECT OF THE AGREEMENT
The Conditions contained herein have the purpose of regulating both access to and the procedure for purchase of the products provided by BODEGAS CONCAVINS, S.A. to the User through its website, and they constitute the legal framework within which the contractual relationship is established. The products and contents will be those made available to the User on the website owned by BODEGAS CONCAVINS, S.A.: www.closmontblanc.com
In the event of any complaint, please contact:
BODEGAS CONCAVINS, S.A.
NIF (Tax Code): A 43129576
Ctra. de Barberá de la Conca, km 0,8
Barberá de la Conca CP 43422
Registered in the Companies Register of Tarragona, volume 569, folio 219, page T-7213
Tel.: 977 887030 Fax: 977 887032
ACCEPTANCE AND AVAILABILITY
These Conditions regulate the legal relationship arising from the contractual processes formalised by Users through the website owned by BODEGAS CONCAVINS, S.A. Users expressly agree to fully and unconditionally abide by these stipulations, just as they appear in the version published by BODEGAS CONCAVINS, S.A. at the time that they purchase the product and/or contents in which they are interested. The User therefore undertakes to read the contractual conditions carefully, whenever he or she proceeds to purchase a product, as these terms may have been modified since the last time they gained access to them.
By accepting these General Contractual Conditions, the User declares:
a. That he or she has the capacity to enter into an agreement.
b. That he or she has read and accepts these general contractual conditions.
The User shall always and under all circumstances have access to the contractual conditions prior to initiating the procedure for purchase of products, and these conditions may be stored and/or reproduced in a durable format.
PROTECTION OF PERSONAL DATA
Users’ access to the portal and their participation in the sale of products offered through the website may involve the processing of personal data. BODEGAS CONCAVINS, S.A. attaches great importance to compliance with the legislation on personal data protection and on information society services and electronic commerce.
Therefore, by virtue of Organic Law 15/1999 of 13 December on Personal Data Protection and Law 34/2002 of 31 July on Information Society Services and Electronic Commerce, the User accepts that the personal data provided at the time of registration, or any other data supplied to BODEGAS CONCAVINS, S.A. in order to gain access to any of the services of this website, shall be incorporated into files owned by this company for the following purposes: facilitating the provision of services requested; correct identification of the users that request personalised services; the conducting of statistical surveys of users as a result of which improvements to the services provided may be designed; management of basic administrative tasks; and the dispatch of commercial communications about products and services that may be of interest to the User, now and in the future, by any means, including e-mail.
At all events, BODEGAS CONCAVINS, S.A. guarantees that it complies with the current legal guidelines concerning personal data protection, and that – among other notifications – it has registered the file containing user data to be processed in the General Register of the Spanish Data Protection Agency.
Furthermore, BODEGAS CONCAVINS, S.A. undertakes to comply with its obligation to maintain the secrecy of data of a personal nature and with its duty to treat this data as confidential, and to this end it undertakes to implement the necessary technical, organisational and security measures in order to avoid the alteration, loss and unauthorised processing of this data or unauthorised access thereto, in accordance with the current regulations on the protection of personal data and other applicable legislation.
The User shall be responsible for providing truthful and reliable information on the registration form, and BODEGAS CONCAVINS, S.A. reserves the right to exclude any user that has provided false information from the services registered, without prejudice to other appropriate legal action. The User also undertakes to inform BODEGAS CONCAVINS, S.A. of any change in his or her data, in order that the latter may update this in accordance with the regulations in force.
In the event that registration involves the assignment to the user of a password, the latter undertakes to use this with all due diligence and to keep it secret. Users are responsible for maintaining the confidentiality of the passwords and other personal identifiers that BODEGAS CONCAVINS, S.A. may provide them with, and they undertake not to transfer them or allow third parties to use them, either permanently or temporarily. The User shall be responsible for the unlawful use of the services of this website by a third party who uses a password that the User has not treated with due care or has lost.
The User must immediately inform BODEGAS CONCAVINS, S.A. of any circumstance that may lead to the improper use of passwords and other personal identifiers, such as the theft or loss thereof. As long as BODEGAS CONCAVINS, S.A. receives no such communication, the latter shall be exempted of any liability that might arise from the improper use of such passwords by unauthorised third parties.
Any registered user may at any time exercise their right to access, rectify and, where appropriate, cancel the personal data they have supplied by sending an e-mail to email@example.com, and this request will be processed by means of the user’s identification.
Moreover, and by virtue of Law 34/2002 of 31 July on Information Society Services and Electronic Commerce, Users accept that when they disclose their e-mail, BODEGAS CONCAVINS, S.A. may use it for the dispatch through this same electronic communication medium of commercial, advertising and promotional communications characteristic of its activity or information about related services of the company.
Nevertheless, BODEGAS CONCAVINS, S.A. hereby informs Users that they may express a wish to be removed from the list of subscribers that receive such communications by following the instructions given at the foot of all our e-mails, or by sending written notification to the e-mail address firstname.lastname@example.org.
MODIFICATION OF THE CONTRACTUAL CONDITIONS
BODEGAS CONCAVINS, S.A. shall be entitled to modify the present stipulations, as long as there is sufficient cause or reason for doing so. Sufficient cause or reason for modification is deemed to exist, by way of example and without limitation, when the purpose of modification is:
a. To increase the range or number of products made available to Users or to improve existing products.
b. To modify, substitute or update the prices of the products offered through the website.
METHOD OF PAYMENT
The prices and tariffs applicable to the services contracted by the User shall be those shown on the website owned by BODEGAS CONCAVINS, S.A.: www.closmontblanc.com at the time that the User gains access to the specific service and commences the contractual process.
BODEGAS CONCAVINS, S.A. reserves the right to modify the prices of the products published on the aforementioned website, whenever it deems fit, making this known on the website.
PRICE AND TAXES APPLIED
The prices applicable are those shown on the website when the customer places his or her order.
The prices of the products that appear on the website are exclusive of Value Added Tax (VAT) corresponding to the product.
METHOD OF SHIPMENT
a) Delivery area
Bodegas Concavins, S.A. shall make delivery in mainland Spain and the Balearic Islands by means of a courier company within a maximum of 7 calendar days following acceptance of payment by the corresponding bank. Orders destined for the Canary Islands, Ceuta and Melilla shall be delivered within a maximum of two weeks following acceptance of payment by the bank. The package sent shall be delivered to the address specified by the customer.
Bodegas Concavins, S.A. guarantees that any product we have in stock will be shipped to these areas within the aforementioned periods of time in the case of all orders received in our offices by 5 p.m., once payment has been authorised. Orders received on a Saturday, Sunday or public holiday shall be considered to have been received on the first working day thereafter.
b) Shipment costs
The cost of shipment of the orders shall be calculated according to their weight and destination; this cost will be broken down for acceptance by the customer prior to shipment.
a) VISA card
Your credit card will be charged automatically at the time that your order is processed. This transaction will be made through a secure server, ensuring the confidentiality of the data provided by the customer by encryption and avoiding disclosure of this data to third parties outside the legal relationship, in accordance with the provisions of Law 15/99 on Personal Data Protection. The company shall be entitled to ask the customer for complementary data with which it may check that the purchase has been made by the cardholder.
b) Bank transfer
CONDITIONS OF SALE
The prices and texts published on the website www.colsmontblanc.com are subject to variations without prior notice, and this includes technical specifications. It is the obligation of the customer to check the merchandise delivered.
In the event that a product has to be changed due to a defect, BODEGAS CONCAVINS, S.A. shall collect the product in question and replace it with another in perfect condition, or it shall refund the sum paid for it.
BODEGAS CONCAVINS, S.A. shall meet the cost of shipping this new product.
The risk of loss or damage to the goods is transferred to the customer from the moment that delivery is made to the customer’s address.
BODEGAS CONCAVINS, S.A. accepts no responsibility under any circumstances for damage caused by improper use of the goods.
The User shall be guided with respect to the procedure to be followed to enter into the agreement, as well in the procedure for the identification and correction of data that he or she has provided to enter into the agreement through the forms created for this purpose.
BODEGAS CONCAVINS, S.A. shall file the electronic document in which each contractual act is formalised. Furthermore, the User hereby accepts these General Conditions of Sale, which shall continue to be accessible from the website.
The agreement is executed in Spanish, in accordance with these Conditions.
Offers shall last for as long as the period of time specified in each case on the website. In the event that stocks run out before the date on which an offer ends, if the User so agrees, supply may be made of a product of equivalent quality and price.
The User may consult the basic characteristics of each product by viewing a description of these on the website.
DERECHO DE DESISTIMIENTO
De conformidad con la normativa de defensa de los consumidores y los usuarios, una vez realizada la compra el usuario dispone de 14 días naturales para ejercer su derecho de desistimiento desde la recepción en el domicilio indicado del producto adquirido a BODEGAS CONCAVINS SA.
El usuario deberá ponerse en contacto con la empresa a través del siguiente correo electrónico email@example.com, alegando que quiere ejercitar su derecho de desistimiento.
BODEGAS CONCAVINS SA se pondrá en contacto con la finalidad de gestionar la devolución en un plazo no superior a 48 horas laborales, acordando con el usuario la metodología de devolución del producto y siendo en todo caso, el Usuario quien correrá con los gastos de devolución de los productos adquiridos y siendo el importe abonado por BODEGAS CONCAVINS SA una vez comprobado el correcto estado del producto.
Una vez finalizado este plazo, BODEGAS CONCAVINS SA no acepta devoluciones por desistimiento en los servicios adquiridos.
RIGHTS AND OBLIGATIONS OF THE PARTIES
a) Obligations of BODEGAS CONCAVINS, S.A.:
BODEGAS CONCAVINS, S.A. undertakes to comply with the following contractual obligations arising from the business relationship with the User, as a consequence of the User contracting products and services:
- it shall offer every guarantee to the User that the service requested by the latter will be provided in accordance with the contractual terms and in good contractual faith.
- it shall expressly inform the User of the existence of the present conditions, prior to commencement of the contractual procedure.
- it shall inform the User, prior to contractual commitment and in a clear, specific, precise and unequivocal manner, of the specific characteristics of the services requested, such as the price of these, any applicable taxes and the transport costs.
- it shall provide the User with a copy of the text of the General Conditions.
b) Obligations of the User:
For his or her part, the User undertakes to:
- comply in full with all the provisions of the conditions governing the services provided by BODEGAS CONCAVINS, S.A.
- complete the registration forms prior to commencement of the contractual procedure with truthful, up-to-date information.
- pay the price of the products purchased, an obligation from which the User is not exonerated in the event that he or she lodges a complaint.
c) Rights of the User:
All information provided to the customer shall be binding for the party offering the service under the terms established by the current legislation.
All Users have the right to insist that the merchandise they purchase conforms to the category and the legal requirements contracted or is of a quality that is directly proportional to the category of the establishment.
CONDITIONS OF USE
The User undertakes and gives an assurance that he or she will use the website in accordance with the provisions established in the general contractual conditions, the provisions of the applicable legislation, ethical behaviour and good practice.
By accepting these provisions, the User agrees to use the present website and the products made available on it in the manner established on this site, undertaking not to use this website or its products for any purpose that is illegal and/or contrary to the ends set forth in this legal notice which might damage the rights and/or interests of third parties, or which could, in any way, damage this website or prevent it or any products offered or to be offered on it in the future from functioning correctly.
Likewise, the User shall refrain from obtaining the contents provided on the website by illicit or fraudulent means, or by theft or plagiarism, in accordance with the provisions of the Criminal Code and applicable legislation.
BODEGAS CONCAVINS, S.A. reserves the right to refuse any User access to the website, without prior notice, should he or she contravene the provisions of these general contractual conditions.
In turn, the User undertakes not to make any unlawful use of the website contents or any use of the same that could damage BODEGAS CONCAVINS, S.A. The User shall therefore refrain from modifying, copying, distributing, publishing, assigning and/or selling any information or mention concerning the website owned by BODEGAS CONCAVINS, S.A., without limitation.
a) Secure environment
BODEGAS CONCAVINS, S.A. uses cutting-edge technology resources on its website to guarantee that information is protected. BODEGAS CONCAVINS, S.A. guarantees that the purchasing of products is carried out in a secure environment.
BODEGAS CONCAVINS, S.A. takes no responsibility for any websites linked to this one, and consequently it is not responsible for the contents of such websites. Consultation of these websites is performed entirely at the risk of the User, who must abide by the terms, conditions and legal notices of said sites, for which, as before, BODEGAS CONCAVINS, S.A. does not accept responsibility.
c) Intellectual and industrial property
BODEGAS CONCAVINS, S.A. is the owner of the Intellectual and Industrial Property rights over the elements that make up the website design, such as the trademark, trade name or distinctive sign. In particular, and without limitation, the logos, colour combinations, selection and form of presentation, texts, images, graphics, and any other type of content of the website owned by BODEGAS CONCAVINS, S.A. are all protected by copyright.
The User agrees to respect the intellectual and industrial property rights over the website, and for this purpose shall refrain from copying, reproducing, distributing, making available or publicising the contents of the website, unless he or she has the express written consent of BODEGAS CONCAVINS, S.A.
d) Limitation of liability
The User expressly absolves BODEGAS CONCAVINS, S.A. of all responsibility for direct or indirect damage arising from any errors on the website, and for any interruption, suspension, delay or anomaly in access to this site.
BODEGAS CONCAVINS, S.A. undertakes to make every endeavour to protect the website from viruses, trojans and other elements that could cause harm or damage to the computer system of the User or of third parties. In all cases, the User absolves BODEGAS CONCAVINS, S.A. of all responsibility for any direct or indirect damage caused by the possible existence of any such harmful or malicious elements.
PERIOD OF VALIDITY OF THESE CONDITIONS
The period of validity of these conditions shall be the period during which they are posted on the website, and they shall apply to the services acquired at the time that these conditions are on display.
In all cases, BODEGAS CONCAVINS, S.A. reserves the right to modify these conditions unilaterally, while this shall not affect the services contracted by Users prior to modification, except when 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 seven calendar days following delivery of the order the customer wishes to return the product, our Customer Service Department shall take the necessary action to process the return under the following conditions:
-Products must be returned in their packaging and in their original condition. The customer shall have seven calendar days following delivery of the order within which he or she may terminate the agreement without incurring any penalty or expense whatsoever.
-Defective or damaged products. If the customer observes that the product received is defective or damaged, he or she must contact the Customer Service Department within seven calendar days following delivery of the order, and this Department will take the necessary action to replace it with a new one in perfect condition, at no additional charge.
-If the product is not available, the company will proceed to reimburse the customer the amount paid, including shipping costs, in accordance with the method of payment employed in the purchase.
Cancellations will be accepted in the case of orders that have not been sent to the address indicated by the customer. If the goods have been sent, the stipulations for returns shall apply (see the section Returns).
The company accepts the cancellation of orders via its website or through any of the means of access to the Customer Service Department.
NULLITY AND INVALIDITY OF THE CLAUSES
If any clause included in these conditions were to be declared totally or partially null or invalid, this nullity shall only affect the particular clause or part of the same that is rendered null or invalid, while all the other conditions shall remain valid.
In the event of dispute, the parties to this agreement submit to the jurisdiction of the Courts and Tribunals of Tarragona, expressly renouncing any other jurisdiction that might be applicable to them, and the party in breach of the agreement shall be responsible for any costs either in or out of court that may arise from the claim.