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General terms and conditions of purchase for the website

To process an order in the online store PAGOS DE FAMILIA VEGA TOLOSA S.A. it will be essential to accept the following terms and conditions:

1. Identification

The General Conditions of Purchase (hereinafter, CGC) that are included below, as well as any other particular conditions, constitute the regulatory framework of each contract for the sale of goods and services that will be formalized through the website.

Likewise, the user and / or client can directly access these CGC, as well as the Privacy Policy and the Cookies Policy by clicking on the sections that, duly identified can be found below.

PAGOS DE FAMILIA VEGA TOLOSA S.A. Paseo Cañada, 26 – 1 02200th floor – Casas Ibáñez (Albacete) Tel: +34 686 908 543 email: info@vegatolosa.com

PAGOS DE FAMILIA VEGA TOLOSA S.A. is registered in the Commercial Registry of Albacete, volume: 930, book: 694, folio: 41, Section: 8, Sheet: AB-20473, registration: 3 and C.I.F. A02483626.

The goods and services offered on the website are directed, solely and exclusively, to natural persons, adults, and / or legal entities that are considered consumers or end users in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. Therefore, anyone who does not meet the above requirements will not be able to make purchases through this website.

2. Intellectual and industrial property

It is not allowed to use, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of the services offered without the prior written authorization of BODEGA VEGA TOLOSA or, where appropriate, of the representative or the manufacturer of the product holder of the rights.

Access to the goods and services offered does not imply by BODEGA VEGA TOLOSA, renunciation, transmission or total or partial transfer of the rights derived from the intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication on these contents without the prior and express written authorization of the respective owners of said rights, without prejudice to the right to view and obtain a private backup copy of such contents, provided that said right is exercised according to the principles of good faith and provided that the intellectual and industrial property of the owner of such rights is maintained unchanged, it is used without commercial purposes and exclusively for the personal information of the user.

3. Updating of the website related to contracting

PAGOS DE FAMILIA VEGA TOLOSA S.A. reserves the right to make modifications and updates on the products, services, prices, promotions and other conditions contained on the website.

BODEGA VEGA TOLOSA within its means, ensures that the information offered on the web is truthful and appears without typographical errors. In the event of any typographical error, beyond BODEGA VEGA TOLOSA's control, it will be corrected immediately. If it happens that a customer decides to make a purchase based on an error of this type, BODEGA VEGA TOLOSA will inform you immediately of this error, and both parties can cancel the purchase at no cost as long as the existence of such error is justified.

4. Role of these general conditions – customer registration

As indicated, the CGCs that are included below, as well as any other particular conditions that, for the purchase of certain products and services, constitute the regulatory framework of each contract for the sale of goods and services that will be formalized through this website.

These CGCs have been prepared in accordance with current legislation on the subject, among others, Royal Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, as well as Law 34/2002, on Services of the Information Society and Electronic Commerce and Law 59/2003, of December 19, on Electronic Signature.

These CGC are available in Spanish and English, choose the language that suits you best.

The CGC, as well as any other particular conditions of purchase that will govern the purchase of products and services offered, will always be those that are in force at the time of placing each order.

BODEGA VEGA TOLOSA may at any time modify these CGC respecting, in any case, the commitments previously acquired with its customers. These modifications will be published on the website itself so that they can be known by new customers.

BODEGA VEGA TOLOSA reserves the right to terminate and prevent access to customers who maintain debit or unpaid balances with BODEGA VEGA TOLOSA.

5. Buy products at vegatolosa.com

The website will show at all times the products and services for sale along with their characteristics and their retail price in each of its sections.

BODEGA VEGA TOLOSA decides, at all times, the products it offers to its customers through the web. In this way, BODEGA VEGA TOLOSA will be able to add references to the catalog of products it offers or remove them, respecting in any case the orders placed previously or the duration of campaigns or specific offers that it already had committed.

a) Price indication

The prices of the products and services available for purchase are detailed in euros (€) and include Value Added Tax (VAT).

Specifications

WINES

In accordance with the provisions of current legislation, the sale or service of alcoholic beverages to minors through this website is prohibited. Therefore, wines or any other product containing alcohol, will only be sold to people of legal age, who must declare this condition when placing the order.

SERVICES RELATING TO BOX EXPERIENCES AND UNIQUE EXPERIENCES

The Cancellation Policy and terms and conditions will be reflected in each service, prior to purchase.

b) Methods of payment

Payments can be made by credit or debit card or through the PayPal system.

Payment by bank card

The Virtual Payment Terminal (TPV) supports payment with American Express, Master Card, Maestro, Visa and Visa Electron cards. To make payments by card it is necessary to indicate: card number, expiry date, name and surname of the cardholder (as shown on the card) and CVV code of the card.

The charge for the amount of the order on the customer's bank card will be made at the time of purchase of products. To improve the protection against possible fraud, the customer must provide again the data of his card in each purchase, since BODEGA VEGA TOLOSA does not have access or store the bank details of its customers.

This merchant undertakes not to allow any transaction that is illegal, or considered by credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of these or negatively influence them. The following activities are prohibited under card brand programs: the sale or offering of a product or service that is not in full compliance with all laws applicable to the Buyer, Bank Issuer, Merchant, Cardholder, or Cards.

Payment with PayPal

The charge for the amount of the order in the customer's PayPal account will be made at the time of purchase. To improve the protection against possible fraud, the customer must provide again the data of his account in each purchase, since BODEGA VEGA TOLOSA does not have access or store the payment data of its customers.

Transaction security

BODEGA VEGA TOLOSA uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

Any contracting process or involving the entry of personal data will always be transmitted by secure communication protocol (https://) in such a way that no third party has access to the information transmitted electronically.

6. Legal guarantee and after-sales service

As a consumer and end user, the customer of our online store has, apart from the rights described herein, all legal rights under Spanish and European legislation concerning the sale of consumer goods. We inform you that these legal rights can never be affected by these ‘General Conditions of Contract’.

In the case of defective products, we inform you that, according to current regulations, BODEGA VEGA TOLOSA must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free for you. BODEGA VEGA TOLOSA is responsible for the lack of conformity that is manifested within a period of THREE (3) years from delivery.

In this respect, non-conformity is understood to exist when:

The product does not conform to the description made by the seller and does not possess the qualities that the latter has presented to the consumer and user in the form of a sample.

  • The product is not suitable for uses for which products of the same type are ordinarily intended.
  • The product is not suitable for any special use required by the consumer and user and has made it known to the seller having admitted that the product is suitable for that particular use.
  • The product does not present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect from the nature of the product and its characteristics informed in advertising and labelling.

Unless there is proof to the contrary, it will be presumed that the lack of conformity that manifests itself in the TWO (2) years after the delivery of the product already existed when it was delivered. The consumer and end user must inform the seller of the lack of conformity as soon as possible from the moment of detection. Failure to comply with this period shall not result in the loss of the corresponding right to remediation, however, the consumer shall be liable for the damage or loss actually caused by the delay in communication and due to the continued use of the goods by the consumer once the lack of conformity has been detected.

7. Availability

BODEGA VEGA TOLOSA will only serve orders in Spain (Peninsula and Balearic Islands). During the management of the order itself, in case of not having the product and / or service purchased, the customer will be notified by telephone to indicate that there is no availability of this and try to find a solution to it.

*For shipments to the Canary Islands, please consult specific conditions by sending an email to info@vegatolosa.com

8. Shipping costs

In the case of products, the shipping costs will be paid together with the amount of the order and will be broken down on the invoice. The shipping costs will be nine euros (9,00 €) per order. The shipment will be made free of charge for orders with an amount greater than one hundred euros (100,00 €).

9. Order confirmation

The customer will confirm the order placed by clicking on the ‘Continue’ button within the checkout process. From this confirmation the order is firm and definitive, it will be registered automatically.

Once the order has been confirmed, you will receive, within twenty-four hours of receiving the acceptance, a confirmation email in which the confirmation of your purchase order will be included. This email will serve as proof.

The automatic registration of the order placed has probative value in terms of its nature, content and date. The confirmation of the order by the customer implies the acceptance of the prices, the description of the products offered, delivery costs and other conditions of sale, which are contained in this document. Once the purchase process is completed, the system will confirm to the customer the order made through the website itself.

The order confirmation and proof of purchase (printed by the user) will not be valid as an invoice. The relevant invoice shall be attached to the order in question.

10. Order tracking

The customer will be able to know at any time the status of their order through the website itself, in the section ‘My account’. Additionally, BODEGA VEGA TOLOSA puts at your disposal a Customer Service phone +34 686 908 543 and an email info@vegatolosa.com

11. Delivery times of the order

The delivery of the orders will be made at the address indicated by the customer at the time of placing the order, within 48 to 72 working hours (excluding Saturdays, Sundays and holidays), for shipments to Peninsula and a period of 3 to 4 working days for the Balearic Islands, although it may vary depending on the availability of the products or the delivery address. If the customer is not in the place at the time of delivery, a notice will be left with the corresponding indications to contact the transport agency and agree on a new delivery. A second delivery will only be made in case the client contacts the agency to arrange it. The order will remain in the office of the transport agency 15 calendar days after which it will be returned to BODEGA VEGA TOLOSA. After the end of this period, if the customer claims his order, he will have to pay the shipping costs again.

For any claims after delivery, you can contact our Customer Service via phone +34 686 908 543 or by sending an email to info@vegatolosa.com

In the absence of the above, the order will be delivered to the person, of legal age, who at the time of delivery is at the indicated address. The customer expressly authorizes BODEGA VEGA TOLOSA to deliver the order in his favor. The recipient of the order must sign the corresponding delivery note, stating his name and ID or similar that implies his conformity with the products received, both in terms of quantity and quality and condition in which they are.

To this end, the recipient may review the order as much as he wants at the time of receipt in order to show his agreement with it. In case it is not complete, it must be expressly stated in the corresponding delivery note.

12. Accreditation of operations

The acceptance of the order by BODEGA VEGA TOLOSA, as well as the information related to any operation carried out from the corresponding order number and other documentation generated will be stored and archived, serving as proof in case of dispute.

13. Return of products

Right of withdrawal

In accordance with the provisions of Articles 68 to 79 and 102 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, for the products offered on the website, the Customer will have a maximum period of fourteen (14) calendar days from the delivery of the product to desist, totally or partially, from the purchase of the product, the right of withdrawal on the products that have been opened is not applicable, nor, if the product is served in wooden boxes, it will be applicable to wine boxes that have been opened or unsealed with a break in the box.

We inform you that all personalized products are strictly excluded from the right of withdrawal of purchase by the customer.

Once the period of fourteen (14) calendar days has ended, BODEGA VEGA TOLOSA will not accept returns for withdrawal of purchases of products.

In case of withdrawal, the refund will include all the shipping costs paid by the customer when making the purchase. However, BODEGA VEGA TOLOSA may charge additional shipping costs in case of unusual shipping or express delivery.

In the event of withdrawing from the purchase of the products, you must inform BODEGA VEGA TOLOSA that you exercise the right of withdrawal by sending an email to info@vegatolosa.com or, by postal mail to PAGOS DE FAMILIA VEGA TOLOSA S.A. Paseo Cañada, 26 – piso 1 02200 – Casas Ibáñez (Albacete)

You can make the physical delivery that certifies the date of receipt at the address indicated below, always within 14 days. BODEGA VEGA TOLOSA will acknowledge receipt of such delivery.

In the event of exercising your right of withdrawal, the following requirements must be met:

  • You must exercise your right within a maximum period of fourteen (14) calendar days from the delivery of the product.
  • The product must be in the same condition as it was delivered and must retain its original packaging and labelling.
  • The return to BODEGA VEGA TOLOSA must be made using the same box used in the delivery, or, failing that, in some similar format that guarantees the return of the products in perfect condition (except for those served in wooden boxes, which can only be returned in the same unopened box).

Returns of orders must be sent and/or physically delivered to the following address:

PAGOS DE FAMILIA VEGA TOLOSA S.A. Calle B, 11 (Polígono Industrial), 02200 Casas-Ibáñez (Albacete)

We inform you that in the event that you exercise your right of withdrawal, the return shipping costs would be at your expense, although in no case could such costs be different from the shipping costs of the initial order.

Return of defective products

Without prejudice to any other rights that may correspond to it, the Customer shall be entitled to reimbursement of the price of defective products or products delivered if they do not correspond to the order made by the User.

Alternatively to the above, the User will have the right to claim, and be delivered, an equal product, in perfect condition.

In cases of return to BODEGA VEGA TOLOSA of defective products or that do not correspond to your order, this must be done by the Customer through the procedure established in the previous section, although the Customer, in this case, must not face the costs of returning such products.

Provided that the User has followed the procedure established in the previous section and the established requirements have been met, BODEGA VEGA TOLOSA will refund the price paid corresponding to the returned products that are defective or that do not correspond to the order of products made by the Customer.

Reimbursement of the price of the products

Provided that the Customer has followed the established procedure and the requirements indicated above have been met, BODEGA VEGA TOLOSA will refund the price paid by the Customer corresponding to the returned products and the shipping costs, except in case of a non-usual shipping modality or urgent delivery. In the event that the return is made in exercise of the User's right of withdrawal, BODEGA VEGA TOLOSA will not pay or face the expenses and / or costs of returning the product.

The Customer will not be entitled to a refund of the price of the returned products that are not in the same conditions in which they were delivered, or the requirements established in these General Conditions have not been met.

Partial returns of an order will result in the refund of the price corresponding to the product or products effectively returned.

BODEGA VEGA TOLOSA will manage the order for the return of the price through the same payment system used by the Customer for the purchase of the products, within fourteen (14) days from the collection of the returned order and once BODEGA VEGA TOLOSA has verified that the products subject to return comply with the requirements established above. The application of the refund of the price in the Customer's account will depend on the bank.

Cancellation of Purchases

The user can cancel the purchase process as long as it has not been fully processed. In order to ensure such cancellation by the customer, it is advisable to immediately contact info@vegatolosa.com indicating the order number and your willingness to cancel.

14. Protection of personal data

Legal scope of use of customer email addresses

Customers, by registering as such and purchasing our products, will receive by e-mail promotions, as well as newsletters about news. This service is subject to the provisions of Article 21.2 of Law 34/2002, on Information Society Services and Electronic Commerce, amended by Law 32/2003, of November 3, General Telecommunications that authorizes the sending of commercial communications by electronic means when there is a prior contractual relationship and products or services similar to those that were the subject of contract are advertised. However, all commercial communications sent by BODEGA VEGA TOLOSA will be clearly identifiable as such through the reference “advertising” at the beginning of the body of the message and will identify BODEGA VEGA TOLOSA as the entity responsible for the sending. Each shipment will provide a simple and free means for the recipient to unsubscribe from the commercial communications system by e-mail. You can also send us an email to info@vegatolosa.com to request the exclusion in our distribution lists of commercial information.

15. Cookies policy

16. Applicable jurisdiction

In case of conflict or disagreement in the interpretation or application of these General Conditions of Contract, the Courts or Tribunals that deal with the matter will be those that provide the applicable regulations in matters of jurisdiction. However, the consumer is informed that, in accordance with Article 52.3 (‘Territorial jurisdiction in special cases’) of Law 1/2000 of 7 January 2000 on Civil Procedure, where the rules of territorial jurisdiction over general jurisdiction and special cases do not apply to disputes arising from the exercise of individual actions by consumers or users, the court of their domicile or the corresponding court shall have jurisdiction, at the choice of the consumer or user, in accordance with Articles 50 and 51 of that Law.

17. Obligation for employers to provide information on accredited alternative dispute resolution entities for consumer disputes (Law 7/2017 of 2 November 2017, Art. 40(5))

18. Sending invoices and other information derived from these general conditions of sale

With the acceptance of these General Conditions of Sale and in compliance with the provisions of Article 23. ‘Validity and effectiveness of contracts concluded electronically’ of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that any information derived from this contract, including any invoicing derived from the transactions made and contracted through the use of this site, will be carried out by electronic means, although you may indicate at any time your willingness to receive a paper invoice, in which case, we will issue and send the invoice in this format. To do this, you must send an email to info@vegatolosa.com and we will send you the paper invoice to the address you indicate as soon as possible.

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