General information of the Website
Through these General Conditions, you express the acceptance of:
- You have read and understood what is stated here.
- You are of legal age in accordance with the regulations in force in your place of residence. Otherwise, the minor must have permission from his legal representatives.
- If you are going to contract some product and/or service, you have sufficient capacity to do so.
- You assume all obligations set forth herein.
The owner of the Website reserves the right to make, at any time, changes or updates to its contents and services, of these General Conditions and, in general, of those elements which make up the design and configuration of the Website.
The modification of these General Conditions will not affect the goods or promotions acquired prior to such modification.
In case The Grand Wines entrusts a reliable third party with the custody of the versions of the general conditions, both parties recognize as the only valid version of these conditions at any time the one that is recorded in the database of the reliable third party.
General information of the Website
In compliance with the provisions of Section 10 of Law 34/2002 of Information Society and Electronic Commerce Services, July 11, the Website’s general information is provided for:
Owner: The Grand Wines Premium, S.L. (hereinafter referred to as “The Grand Wines or GW”).
Registered office: C/ General Alava, 10-3, Office 7, 01005, Vitoria.
Tax ID Number: B01513001
Registration details: Mercantile Register of Álava. Volume 1541, Folio 59, Book 0, Page VI-16601, Entry 1
Conditions of use
Access to the Website
The access to the Website is free.
The use of certain services and contents may be subject to the prior Registration of the User.
The data entered by the User must be accurate, current and authentic. The Registered User is responsible at all times for the protection of his password, assuming responsibility for the damages that may result from its misuse, transmission, disclosure or loss. For this purpose, access to restricted areas and/or use of services and contents made under the password of a Registered User are deemed to be made by such Registered User, who will take responsibility in every case for such access and use.
Rules for using the Website
The User agrees to use the Website and all its contents and services as stipulated in law, morality, public order and these General Conditions. In addition, the User agrees to make appropriate use of services and/or contents of the Website and not use them to perform illegal or criminal activities which violate the rights of third parties and/or violate the regulations on intellectual and industrial property.
The User agrees not to disclose, introduce and make available to third parties any type of material and information (data, contents, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to law, morality, public order and these General Conditions.
Without any limitation or exclusion, the User agrees:
I.- Not to introduce or spread contents or propaganda of racist, xenophobic, or pornographic nature, of apologia for terrorism or that violates human rights.
II.- Not to introduce or spread in the data programs network (viruses and harmful software) capable of causing damage to the computer systems of the service provider, its suppliers or third parties that are Users of the Internet network.
III.- Not to spread, transmit or make available to third parties any information, element or content that infringes fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Not to spread, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
V.- Not to transmit unsolicited or unauthorized advertising, promotional material, “junk mail”, “chain letters”, “pyramid structures” or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
VI.- Not to introduce or spread any false, ambiguous or inaccurate information so as to mislead the recipients of such information.
VII.- Not to impersonate other Users using their registration passwords to the different services and/or contents of the Website.
VIII.- Not to spread, transmit or make available to third parties any information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyrights that belong to the owners of the Website or to third parties.
IX.- Not to spread, transmit or make available to third parties any information, element or content that involves a violation of the secrecy of communications and the legislation of personal data.
The User agrees to hold GW harmless before any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of a breach by the User of any of the rules of use indicated above, reserving also GW the right to seek compensation for damages as appropriate.
Sometimes, GW will provide the User through its communications, such as newsletters, with a link that will allow him to access his personal account. Such access will be done through a single private address, so that the User will not need to introduce his access passwords on the Website. Consequently, the User must treat GW communications confidentially and refrain from forwarding them to third parties in order to prevent unauthorized access to the private information of his account.
The access of the User to the Website does not imply for GW the obligation to control the absence of virus or any other harmful elements.
TGW is not responsible for any damage to the software and hardware of the Users or third parties during the use of the services offered on the Website.
TGW is not responsible for damages of any kind caused to the User resulting from failures or disconnections in telecommunications networks that produce the suspension, cancellation or interruption of the Website service during its performance or prior to it.
Content and services linked through the Website
The service of access to the Website may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet portals. In these cases, GW will only be responsible for the contents and services provided on the linked sites insofar as it is aware of the illegality and has not disabled the link with due diligence. In the event that the User considers that there is a linked site with unlawful or inappropriate contents, he may inform GW, but in no case this communication will entail the obligation to remove such link.
In no case, the existence of Linked Sites shall presuppose the formalisation of agreements with their managers or owners, or the recommendation, promotion or identification of GW with demonstrations, contents or services provided.
GW does not know the contents and services of linked sites and therefore it is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error or uselessness of the contents and/or services of the Linked Sites or any other damages not directly attributable to GW.
Intellectual and industrial property
GW is a registered trademark and the unauthorized use of its name, brand or logo is prohibited.
All contents of the Website such as texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio contents as well as its graphic design and source codes are the intellectual property of GW. The user can view the content of this website, print, copy and store it exclusively for personal and private use; its use and distribution for commercial purposes as well as its modification or alteration is strictly prohibited.
The trademarks, trade names or logos are owned by GW; it shall not be construed that the access to the Website attributes any rights over them.
As regards all the comments freely hosted by the User on the Website, whether they include or not an opinion or description of the products offered, the User grants for free to GW a non-exclusive use license, of global coverage and with the maximum term established by law. Based on that license, GW will be able to freely exploit the rights of reproduction, processing, distribution and public communication of the Contents, only for the purpose of providing the services offered by GW and advertising its products and services.
The use of the services provided by GW implies the need for the User’s registration on the Website.
The User must register indicating his full name, e-mail address, gender and age. Once the registration is completed, a confirmation message will be sent to the designated e-mail account.
The purchase of products on the Website is subject to payment of shipment fees by the buyer.
Shipment fees will depend on the destination and the value of the purchase acquired in accordance with the indicative in the pay home page. In any case, actual shipment fees will be detailed throughout the purchase process and the buyer will be able to check these fees before completing his purchase. GW cannot be responsible for the delay in the delivery of orders due to causes that are not directly attributable to GW, Acts of God or force majeure events.
GW offers an additional satisfaction guarantee to the user, based on which, the latter has the option of returning the different product’s units acquired if not satisfied when tasting a product’s unit.
The user has a period of 14 calendar days as from the reception of the products to request the return of the products by sending an e-mail to email@example.com and specifying the matter. The user must state the order number and the products which the latter wants to return.
The User must return the remaining product units that have not been tasted in perfect conditions (not damaged, soiled or open), properly protected and ideally in their original packaging. After verification by GW of the good conditions of the products, it will proceed to refund the amount corresponding to returned units in a maximum period of 10 calendar days using the same means of payment that the User used for the initial purchase. This guarantee does not cover the transportation costs of the return, which shall be borne by the User.
Best price guarantee
GW offers the User a best price guarantee for the products of the “wine and selections” section.
If the User finds the same product at a unit price lower than the one paid in GW, he can ask for a refund of the difference. The unit price used for comparison will be the result of adding the price of a product unit, taxes that apply to it and the proportional share of the shipment fees.
This guarantee will be effective after seven (7) days as from the purchase date of the product in question in GW, in any case, these must be products with identical features offered by an authorized distributor and available or in stock (not sold out).
To request a refund of the difference, the User must provide GW, by sending an e-mail to firstname.lastname@example.org, with the URL of the product offered at a lower price and screenshots where the product price and shipment fees applied in a purchase of similar characteristics can be verified. This guarantee does not allow the physical return of the product, except in cases provided for in these conditions and in law.
All Registered Users may contract the purchase of products through the Website.
The purchase process in GW is based on a virtual basket, to which the User can add the products he wants to purchase.
To add products to the shopping basket, once the User is on the product page, he must select the “Add to cart” option.
At all times, the User can access and modify the content of the basket.
Once the products the User wants to purchase are in the purchase cart, the User may initiate the order processing by selecting the “cart” option that will show the User the content of the cart, allowing the modification of the selected products and their elimination of the shopping basket.
The User must be sure that the products shown on screen are those he wants to purchase and select one of the listed geographical areas that corresponds to the shipment address. At this point, the total price of the selected products and the shipment fees generated are shown. Also in this section, the user can view, where appropriate, the promotions automatically applied to his order and use the coupons.
Pressing ”CHECKOUT,” the User accesses a panel where he must indicate the shipment data; to proceed with the contract process, the User must fill out the shipment information, including full name, company name, tax ID number, gender, birth date, address, city, zip code, country, province, phone, contact e-mail, filling out all the fields indicated as mandatory. In this section the user may include useful information deemed necessary for the delivery man, even though GW cannot ensure its compliance.
If the User wants billing address to be different from shipment address, he must check the “send to a different address” box and fill out the appropriate information. In this section, the User can add a message to the recipient, especially indicated for gifts.
In the next phase of the purchase process, the User must select the method of payment.
Following the link “ORDER PLACEMENT,” the User will be directed to the selected payment gateway. Once the payment is processed correctly, the order will be processed automatically, confirming on the screen the order information and sending an e-mail to the User validating the operation.
Price of the products
The prices of the products are the ones indicated in the description attached to them. The prices indicated in the product description are expressed in Euros (€) and they include the Value Added Tax (VAT).
Method of payment
Purchases can be paid in the following ways:
– Credit or debit card
Visa, V Pay, MasterCard, Maestro, American Express, Union Pay and JCB Cards. For payment with debit cards or American Express, the charge will be made in real time.
Confirmation of acceptance reception
Once the purchase process is completed, the User will receive in the e-mail address designated in the registration form a communication specifying the characteristics of the product, price, contract date, order number and delivery date. The User may at any time, free of charge, ask GW or any third party designated for registration and version control, if any, for a copy of the general conditions applicable at all times. In addition, the User is given a digital invoice with a print option.
a) Right of withdrawal
The User will have a maximum of fourteen (14) calendar days as from the product delivery to cancel the purchase of the product, totally or partially, in accordance with applicable law.
Once the term of fourteen (14) calendar days finishes, GW will not accept returns for withdrawal of product purchases.
If there is a withdrawal of a product purchase, the User must contact GW sending an e-mail to email@example.com.
In any case, if there is a purchase withdrawal, the following requirements must be met:
- The product must be in the same conditions it was delivered and it must keep its original packaging and labelling.
- The return to GW must be done using the same box or envelope used in the delivery or, otherwise, in a similar format to ensure the return of the products in perfect conditions.
- It should include a copy of the proof of purchase and the delivery note of the products inside the package indicating the products returned and the reason for the return.
Returns of orders must be communicated to The Grand Wines so that the order is picked up at the provided address. The User will assume return shipment fees when exercising the right of withdrawal.
b) Return of defective products
Without prejudice to any other rights that may be applicable, the User shall be entitled to reimbursement of the price of defective products or delivered products that do not correspond to the order made by the User. Notwithstanding the foregoing, the User is entitled to claim and receive an equal product in perfect conditions.
In the cases of return to GW of defective products or products that do not correspond to the User’s order, the User must carry that out through the procedure set out in paragraph (a) above, although the User, in this case, does not have to assume the costs of returning said products.
Whenever the User has followed the procedure set out in paragraph (a) above and have met the requirements of this section, GW will refund the price paid corresponding to the returned products that are defective or do not correspond to the product order placed by the user, as established in section (c) later.
(c) Reimbursement of the product price to the User
Whenever the User has followed the procedure set out in this section and have met the requirements therein established, GW will refund the price paid by the User for the returned products. In the event that the return is made in exercise of the User’s right of withdrawal described in paragraph (a), GW will not pay or assume the return expenses and/or costs.
The User shall not be entitled to reimbursement of the price of the returned products that are not in the same conditions they were delivered, or if the requirements established in these General Conditions are not met.
Partial returns of an order shall result in the refund of the price of the product or products that are actually returned.
GW will manage the return order of the price with the same payment system used by the User to purchase products within thirty (30) days as from the collection of the returned order and once GW has verified that the returned products meet the requirements set out in paragraphs (a) and (b) above. The implementation of the refund of the price in the User’s account will depend on the bank.
Admission as AMBASSADOR
To register for the service of Ambassador and become an “Ambassador,” the User must register on the Website. It is made in the “Login” section by clicking the “Register” button. The User gets the status of ambassador and accesses immediately to the benefits defined.
When admitted as Ambassador, the User authorizes GW to contact him by the different means defined.
Ambassador status cancellation
The Ambassador can cancel his subscription at any time by sending an e-mail to firstname.lastname@example.org accompanied by a copy of his national identity card, passport or any other valid document that identifies him.
GW reserves the right to cancel the Subscription of a User at any time, notifying the User by e-mail.
Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such invalidity or ineffectiveness will only affect that provision or part thereof that is null or ineffective; these General Conditions will prevail in everything else, considering such provision as totally or partially not included.
Applicable law and jurisdiction
These General Conditions are governed by and construed in accordance with Spanish law.
In the event of any discrepancy or claim between the parties regarding the compliance or content of these General Conditions, the parties agree to submit the decision of the case brought to the competent Courts and Tribunals in accordance with the law applicable.
Furthermore, as an entity affiliated to CONFIANZA ONLINE and the terms of its Code of Ethics, in case of disputes relating to online advertising and contract, data protection and minors protection, the user may turn to CONFIANZA ONLINE’s out-of-court controversy resolution system (www.confianzaonline.es).
For more information on the label of The Grand Wines, click here.