Joan Pastor i Crespo. (hereinafter “Tenda Celler Joan de la Casa”)
Carrer Sant Josep, 6 03720 Benissa Spain, Alacant
Email address: firstname.lastname@example.org
N.I.F. No. 28996655A
1 Access and use of the Website
1.1 Access to the Website
These general conditions of access, use and contracting (hereinafter, the "General Conditions") regulate access and use of the website https://tenda.joandelacasa.com and aims to disseminate information about the activities carried out by Tenda Celler Joan de la Casa related to the world of wine and the provision of certain services of various kinds (hereinafter, the “Website”).
1.2 Acceptance of the General Conditions and, where appropriate, of the Particular Conditions
Access to the Website implies in any case the acceptance of these General Conditions, so we ask you to read them carefully before using it. If you do not accept these General Conditions, please refrain from using the Website and its content.
The purchase of wine on the Website and any of the related services may be subject to the particular conditions set forth in section 3 of these General Conditions, as well as those that may be established at any time at Tenda Celler Joan de la Casa. Hereinafter, any of the aforementioned conditions, or any other specific conditions of other services that are offered on the Website at any time, will be called the "Particular Conditions".
Likewise, Tenda Celler Joan de la Casa informs the users of this Website that these General Conditions as well as the Particular Conditions may be adapted or modified at any time without prior notice. Consequently, the user must read and accept these General Conditions, and where appropriate, the Particular Conditions, in each of the occasions in which he wishes to use the Website.
1.3 Registration and use of electronic signature
For the use of any of these services, the User will activate a user code and personal codes to be able to operate in them for all purposes. These identification mechanisms will have, for all purposes, the status of electronic signature of the user in their relationships with Tenda Celler Joan de la Casa and with the rest of the Users of the Website (hereinafter, "Electronic Signature").
The Electronic Signature of each User will be personal and non-transferable, the user being obliged to notify Tenda Celler Joan de la Casa of any changes that may occur in their personal data. It is the responsibility of the User to provide due diligence to prevent access and / or use by third parties who access or use the Electronic Signature on their behalf. Likewise, the User will be solely responsible for the election, loss, theft or unauthorized use of any code or identification key and the consequences that may derive from it.
In any case, the User will be responsible for the proper use of the Website and the custody of its Electronic Signature, and must refrain from using it for illegal purposes or effects or contrary to what is established in these General Conditions and in any Particular Conditions.
1.4 Use of the Website. Coming of age
The user declares to be of legal age and have sufficient legal capacity to be bound by these General Conditions, and the Particular Conditions when appropriate, and also agrees to make diligent use of the Website, as well as the information contained in the same, fully subject to the regulations that are applicable in each case.
2 Responsibility of Tenda Celler Joan de la Casa regarding the information contained on the Website
2.1 Operation of the Website
Tenda Celler Joan de la Casa makes its best efforts to keep the Website in good working order, avoiding errors or, where appropriate, repairing them, and keeping the contents of the Website duly updated. However, Tenda Celler Joan de la Casa does not guarantee the availability and continuity of access to the Website or the absence of errors in its contents, nor that the latter are timely updated. The user accepts the above and agrees to display the utmost diligence and prudence when accessing and enjoying browsing through the Website or enjoying the content, information and services available on it.
2.2. Registration Need
The use of certain services and content may be subject to the prior registration of the user.
The data entered by the User must be exact, current and truthful. The Registered User will be responsible at all times for the custody of their password, assuming consequently any damages that may derive from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered User shall be deemed to have been made by said registered User, who will respond in any case to such access and use.
2.3. Portal usage rules
The User agrees to use the Portal and all its content and services in accordance with the provisions of law, morality, public order and these General Conditions. Likewise, it is obliged to make appropriate use of the services and / or contents of the Portal and not to use them to carry out illicit or criminal activities that violate the rights of third parties and / or that infringe the regulations on intellectual and industrial property, or any other norms of the applicable legal order.
The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User agrees to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in support of terrorism or that violate human rights.
II.- Do not introduce or spread on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its providers or third-party Internet users.
III.- Do not spread, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public liberties recognized constitutionally and in international treaties.
IV.- Do not spread, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V.- Do not transmit unsolicited or unauthorized advertising, advertising 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.- Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Do not impersonate other Users using their registration keys to the different services and / or contents of the Portal.
VIII.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Portal or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on personal data.
The User agrees to hold TENDA CELLER JOAN DE LA CASA harmless against any possible claim, fine, penalty or sanction that may be required to bear as a result of the User's failure to comply with any of the aforementioned rules of use, reserving, in addition, TENDA CELLER JOAN DE LA CASA the right to request the corresponding compensation for damages.
On occasions, TENDA CELLER JOAN DE LA CASA will provide the User through their communications, such as periodic bulletins, a link that will allow them to access their personal account. This access will be carried out through a unique and private address, so that the User will not need to enter their access codes to the Portal. Consequently, the User must treat TENDA CELLER JOAN DE LA CASA's communications confidentially and refrain from forwarding them to third parties, in order to prevent unauthorized access to the private information in their account.
User access to the Portal does not imply for TENDA CELLER JOAN DE LA CASA the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
TENDA CELLER JOAN DE LA CASA is not responsible for damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Portal.
TENDA CELLER JOAN DE LA CASA is not responsible for any damages or losses of any kind caused to the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or in advance.
2.5. Contents and services linked through the Portal
The Portal access service may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, "Linked Sites"). In these cases, TENDA CELLER JOAN DE LA CASA will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he may communicate it to TENDA CELLER JOAN DE LA CASA, without in any case this communication entailing the obligation to remove the corresponding link.
In no case, the existence of Linked Sites should presuppose the formalization of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of TENDA CELLER JOAN DE LA CASA with the manifestations, content or services provided.
TENDA CELLER JOAN DE LA CASA does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages produced by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to TENDA CELLER JOAN DE LA CASA.
2.6. Intellectual and industrial property
All the contents of the Portal, understanding by them, by way of illustration only, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are intellectual property TENDA CELLER JOAN DE LA CASA or third parties, without the User being understood to be assigned any of the exploitation rights recognized by the current regulations on intellectual property over them.
The trademarks, trade names or distinctive signs are owned by TENDA CELLER JOAN DE LA CASA or third parties, without it being understood that access to the Portal attributes any right over them.
In any case, the User knows and accepts that the ratings and comments made on the products available through the Portal may be accessible to the rest of the Users of the Portal, including the identity of its author.
On all the comments freely hosted by the User on the Portal, whether or not they include an opinion or description of the products offered (hereinafter, “the Contents”), the User grants TENDA CELLER JOAN DE LA CASA a free use license. exclusive, of global territoriality and with the maximum duration legally established. On the basis of said license, TENDA CELLER JOAN DE LA CASA may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of being able to provide the services offered by TENDA CELLER JOAN DE LA CASA and advertise your products and services.
3. Contracting Conditions
3.1. User Registration
The use of the services provided by TENDA CELLER JOAN DE LA CASA implies the need for User registration on the Portal.
The User must register, indicating their full name, email address and being able to indicate the email of a sponsoring User. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that they have access to it.
Once the User is correctly registered on the web, they can access "My Account" at any time. Through "My Account" the User can modify their personal data as well as the data related to the shipment of orders, check if they have pending orders.
In the "My Account" section, the User can view the gift vouchers available to them, download the invoices of the orders, control which User friends have registered with TENDA CELLER JOAN DE LA CASA on the recommendation of the latter in the "My sponsored" and the possibility of canceling the account at any time indicating a reason why you want to cancel it.
3.2. Send conditions
TENDA CELLER JOAN DE LA CASA only sends its products to: Peninsular Spain, Balearic Islands, Canary Islands, Germany, Austria, Belgium, France, Greece, Italy, Luxembourg, Poland and Portugal. It will not be possible to carry out the purchase process through the Portal to destinations other than those indicated. TENDA CELLER JOAN DE LA CASA does not ship products to the autonomous cities of Ceuta and Melilla.
The purchase of products on the Portal is subject to the payment of shipping costs, at the buyer's expense.
The shipping costs will depend on the destination and the number of products purchased according to the indicative table below. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review these costs before finalizing their purchase. TENDA CELLER JOAN DE LA CASA cannot be held responsible for the delay in the delivery of orders for causes not directly attributable to TENDA CELLER JOAN DE LA CASA, acts of God or force majeure.
Shipments are made only to Spain, in the Peninsula, shipping costs are € 6.95 if the order is less than € 60 and shipping is free in all other cases.
(1) The indicated terms are understood from the business day following the order confirmation. In the case of Private Sales, the indicated terms may be extended up to 4-5 working days depending on the receipt of the merchandise by the supplier.
The shipping costs mentioned above include, in addition to transporting the products, their packaging in boxes specially designed to transport bottles, insurance against loss or breakage, as well as VAT.
The delivery of orders will be made at the delivery address freely designated by the User. TENDA CELLER JOAN DE LA CASA will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot be made by causes beyond TENDA CELLER JOAN DE LA CASA, such as the absence of the recipient at the delivery address.
In the absence of the recipient and whenever possible, a passing note will be left with the information necessary to arrange a new delivery to the recipient's address or the necessary instructions for the recipient to pick up the product at a certain location. In any case, 7 days after the last delivery attempt without the order being delivered, it will be returned to origin and the contract will be terminated.
3.3. 100% Satisfaction Guarantee
Products marketed through this website have the guarantees offered by their producers. In those incidents that justify the use of the guarantee, the repair, replacement of the article, reduction or return will be chosen, in the legally established terms. Royal Legislative Decree 1/2007 of November 16 gives goods of a durable nature a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
In addition, TENDA CELLER JOAN DE LA CASA offers an additional guarantee to the User called “100% Satisfaction Guarantee”, based on which, the User has the possibility of returning the different units purchased of a product if when testing a product unit it it doesn't satisfy you.
The User has a period of 30 calendar days from the receipt of the products to request the return of the products, sending an email to email@example.com, and specifying "100% Satisfaction Guarantee" as the subject. The User must state the order number and the products he wants to return.
The User must return the rest of the product units that have not been tasted in perfect condition (not damaged, soiled or opened by the User), properly protected and, ideally, in their original packaging. After verification by TENDA CELLER JOAN DE LA CASA of the good condition of the products, the amount corresponding to the units returned will be reimbursed within a maximum period of 10 calendar days using the same means of payment that the User used for the purchase initial. This guarantee does not extend to the transportation costs of the return, which will be borne by the User.
3.4. Selection of products by the User
Any registered User may contract the purchase of products through the Portal.
The purchase process at TENDA CELLER JOAN DE LA CASA is based on a virtual basket, to which the User can add the products they wish to purchase.
To add products to the shopping cart, once the User is on the product description page and selected the customization options available, they must select the option "Add to cart" provided.
At all times the User can access and modify the contents of the basket.
3.5. Processing the order
Once the products they want to purchase are found in the shopping basket, the User can start the order processing, selecting the "View basket" option, an option that will show the User the contents of the virtual basket, allowing the modification of the selected products and their removal from the shopping cart.
The User must ensure that the products indicated on the screen are the ones they wish to purchase and select from the listed geographical areas the one corresponding to the shipping address. This point shows the total price of the selected products and the shipping costs generated. Also in this section, the User may view, where appropriate, the promotions automatically applied to his order, use the promotional codes and / or the gift vouchers available to him.
By pressing "NEXT", the User accesses a panel where he must indicate the shipping information; To continue with the contracting process, the User must fill in the shipping information, including his full name, telephone and address, filling in all the fields marked as mandatory. In this section, the User may include the useful information that he considers necessary for the courier, although TENDA CELLER JOAN DE LA CASA cannot guarantee compliance.
If the User wants the billing address to be different from the delivery address, they must check the box "My billing address is different from the delivery address" and fill in the corresponding information. In this same section, the User can add a message to the recipient, especially indicated in the case of gifts.
In the next phase of the purchase process, the User must select the payment method. At this time the User is again informed of the exact amount to be paid, resulting from adding the price of the products and the shipping costs, net of the eventual promotional discount and / or gift voucher.
Following the link “PLACE THE ORDER”, the User 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 User confirming the operation.
3.6. Products price
The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in the Euro currency (€) and include Value Added Tax (I.V.A.).
3.7. Way to pay
The purchase of products through the TENDA CELLER JOAN DE LA CASA Catwalk allows the following forms of payment:
- Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.
- Pay by Paypal.
To use the credit card through a virtual POS, the buyer must fill out a form indicating the name of the card owner, type of card, expiration date of the card and security code.
TENDA CELLER JOAN DE LA CASA does not have access to the bank details linked to the means of payment and does not know or record these details during the payment transaction.
3.8. Confirmation of receipt of acceptance
Once the purchase process is completed, the User will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, contract date, order number and date of delivery. Likewise, a permanent link to these contracting conditions will be sent to the email address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to TENDA CELLER JOAN DE LA CASA or to any third party designated for the registration and version control, if applicable.
3.9. Right of withdrawal.
The buyer will have in any case a period of fourteen (14) calendar days after receiving the Product to exercise their right of withdrawal without having to justify reasons or have any sanction.
In accordance with article 102.d) 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, not being applicable the supply of goods that may deteriorate or expire quickly, so the right of withdrawal cannot be exercised on bottles that have been opened, for example, due to the rapid deterioration of the content in such cases.
The buyer must express their intention to withdraw within the indicated period and must return the product. You can also use the model withdrawal form that is available here. Likewise, the User may send an email to the address firstname.lastname@example.org including his name and address, as well as the number of his order. You can also contact by phone in order to streamline the process of returning the corresponding amounts.
TENDA CELLER JOAN DE LA CASA will reimburse the amounts paid by the User without withholding expenses. However, the cost of returning the product will be borne by the User.
Received the products on which the withdrawal falls and verified their correct condition, TENDA CELLER JOAN DE LA CASA will return to the User the amounts paid within a maximum period of 10 calendar days. Products that do not retain their original packaging may suffer depreciation.
4. 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, subsisting these General Conditions in everything else , considering such provision wholly or partially as not included.
5. Applicable law and competent jurisdiction
In accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request with us an out-of-court resolution of consumer disputes accessible through the Internet address https://ec.europa.eu / consumers / odr /.
These General Conditions will be governed and interpreted in accordance with Spanish legislation. TENDA CELLER JOAN DE LA CASA and the User agree to submit any controversy that may arise from the provision of the products or services object of these General Conditions, to the Courts and Tribunals corresponding to the User's address.
Concept and production: