General conditions of service
The terms and conditions of the relationship between Clients and Conzieto (tienda.conzieto.com), “The Store”, are set out below.
By accepting these General Conditions, the User states:
- That you have read and understood what is stated here.
- That he is of legal age in accordance with the regulations in force in his place of residence, otherwise the minor must have the authorization of his legal representatives.
- That he assumes all the obligations set forth herein.
If you do not agree to these Terms and Conditions, please simply do not purchase and leave The Store.
The User must carefully read these General Conditions each time they access The Store, since it and these General Conditions may be modified.
The owner of The Store reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of all the elements that make up the design and configuration.
1. PRIOR INFORMATION
- 1.1. The commercial relationship is established between the user of the Store (hereinafter, the “Client”) and VIÑEDOS Y BODEGAS MONTEDEMBA S.L. domiciled at Paseo Ramón y Cajal nº 22 6º C (hereinafter “CONZIETO”), company registered in the Mercantile Registry Presentation 1/23/320 – FOLIO: 76 – Prot.220/99/N/19/02/1999 – N. Entry 1/1999/403.0
Access to the Store and, in general, the commercial relationship between the Client and CONZIETO, including the purchase of any of the goods and products offered in the Store (hereinafter, the “Products”), is regulated in these general conditions ( the “General Conditions”) and, when applicable, in the particular conditions that may be established (the “Special Conditions”).
- 1.2. The General Conditions will be in force whenever they are available on the Store’s websites and will be applicable in the version existing at that time. VINEYARDS AND WINERIES MONTEDEMBA S.L. reserves the right to modify or replace at any time both the General Conditions and the Particular Conditions, as well as any policy, guideline, legal notice.
The General Conditions in force at the time of making the purchase will be applied to the Customer who visits the Store, the full text of which will be available at tienda.conzieto.es. For the purposes of this stipulation, it is understood that the Customer makes his purchase at the time he orders the order.
- 1.3. When there is any incompatibility or contradiction between General Conditions and Particular Conditions, these will always prevail in relation to the Products to which they apply.
- 1.4. Any query, suggestion, complaint or claim related to the online sale of the Products can be made through our Customer Service:
VINEYARDS AND WINERIES MONTEDEMBA S.L.
Almeriz Passage nº 4 7ºB
22001 Huesca (Huesca)
Telephone service hours: Monday to Saturday from 10:00 a.m. to 7:00 p.m. and Sundays from 10:00 a.m. to 3:00 p.m.
When CONZIETO receives complaints and claims from the Client, by any of the means made available to it at all times, it will provide the Client with an identification key and a written receipt, either on paper or on any other durable medium. CONZIETO will resolve complaints and claims within a maximum period of thirty (30) days from receipt.
2. ACCESS AND USE OF THE STORE
- 2.1. In order to purchase Products in the Store, Customers will be asked to complete the electronic form that is applicable at all times and is available in the Store, and the Customer must follow the instructions indicated therein and is obliged to provide, always and only, exact and true data.
- 2.2. If the Client wishes to register, they must additionally select a username and a password that are security elements, allow them to buy in the Store and facilitate their identification in subsequent purchases, as well as the creation and access to the purchase history, the management of preferences and notifications. These data are confidential and for personal and non-transferable use.
Once the Client has registered, CONZIETO will send a registration confirmation to the email account that the Client has designated.
The Client will be solely responsible for the adequate custody and confidentiality of the password, so it will be understood that any third party that may use them does so with the consent and on behalf of the Client.
- 2.3. It will be understood that all purchases of Products in the Store, prior identification and authentication through the username and password, have been validly made by the Client, and will be binding, for which the Client will be solely responsible for any purchase of Products made with your username and password.
- 2.4. Given that the contents and services of La Tienda deal, among other products, with alcoholic beverages, access to it is only allowed to those of legal age in accordance with the provisions of the regulations of their state of residence. Please, if you are a minor, leave the Website immediately.
The placing of orders in the Store by a minor who falsifies the registration or purchase information, will be understood to be carried out under the supervision and authorization of their parents, guardians or legal representatives.
The sale of alcoholic beverages to minors is prohibited. CONZIETO reserves the right to reject the purchase if it notices any indication that it could be made by a minor.
- 2.5 The sale of Products in the Store is not aimed at Customers who are part of the HORECA sector (Hospitality, Restaurant and Catering) so potential Customers in the HORECA sector will refrain from making purchases through The Store. CONZIETO reserves the right to reject these purchases.
- 2.6. The use of the Store, browsing through them and/or the purchase of any Product implies acceptance by the Client, in full and without reservation of any kind, of the General Conditions, as well as, where appropriate, of the Particular Conditions. In the event that the Customer does not want to accept all or any of the applicable Conditions, they can simply not access or not buy in the Store.
- 2.7. The legal relationship derived from registering as a Customer of the Store is of indefinite duration, without prejudice to the fact that both the Customer and CONZIETO may resolve or suspend it unilaterally at any time and for no other reason than their will expressed to the other party in that regard. This resolution or suspension will not affect any obligations arising from purchases or orders made previously.
3. INFORMATION AND AVAILABILITY OF PRODUCTS.
- 3.1. The Products that can be purchased in the Store are those that, together with their essential characteristics and price, appear on the screen at all times. Before confirming the order, the shipping costs to the Customer’s address or collection point that are applicable will also appear on the screen.
- 3.2. The offers will be duly indicated as such.
- 3.3. All orders and purchases in the Store will be understood to be subject to effective availability at the time their shipment is prepared, even in the event that by mistake or any other circumstance they are shown in the Store as available.
4. PRICES AND SHIPPING COSTS.
- 4.1. The price of each Product will always be shown in the applicable currency and will include, where applicable, the corresponding taxes. In the event that CONZIETO identifies an error in the price of the Products, it will inform the Client of this circumstance and he will have the option of confirming his order at the correct price or, failing that, canceling it.
- 4.2. The price of the product does not include shipping costs, which will be borne by the Customer, unless expressly stated otherwise. The Customer will be duly informed of the amount of these expenses, which will be broken down prior to order confirmation and payment.
- 4.3. The shipping costs will depend on the Product purchased, the place of destination of the Products and the shipping method selected by the Customer, among other circumstances.
- 4.4. The prices and shipping costs that appear in the Store are applicable exclusively to the Products offered through the Store and during the time they remain published. CONZIETO expressly reserves the right to modify prices at any time without prior notice. However, the rates in force indicated in the Store at the time of its completion will be applied to each order.
5. PURCHASE PROCESS.
- 5.1. In order to buy Products, the Customer must select the desired Product and add it to the Shopping Cart, according to the instructions on the screen.
- 5.2. Once the purchase has been made, CONZIETO will send the Client, to the email address indicated by him, a confirmation of the purchase made, which will serve as proof of the operation.
- 5.3. The Customer may request the invoice corresponding to their purchase in electronic or paper format by selecting this option in the purchase process. The order confirmation and the Proof of Purchase will not be valid as an invoice.
- 5.4. In accordance with the Law, in order to buy alcoholic beverages, the Client must be of legal age. For this purpose, the Client declares that he is of the legal minimum age for the purchase and consumption of products with alcohol. It will be understood that if the Client falsifies this declaration and acquires any of these products not complying with this requirement, he exclusively assumes all the legal consequences that may derive from it.
- 5.5. DISCOUNT COUPONS: Conzieto Store provides its customers with discount coupons to use in their purchases. Each coupon has specific conditions for its use and is subject to availability by reference, being indicated in the product description if it is not compatible with said coupon or when trying to enter the coupon in the cart.
It is important to keep in mind that for the coupon to be applied correctly, the total of the products in the order must add up to the minimum amount of the promotion without taking into account the shipping costs.
Each coupon is for a single use, personal and non-transferable, not cumulative and is not compatible with other promotions or with all the products of the online store, being indicated in the product description and when trying to enter the coupon in the cart.
6. METHOD OF PAYMENT.
- 6.1. The Client must follow the instructions offered in the Store. The payment of the Products and the Envío: Costs can only be made by credit or debit cards or other forms of payment that are available at the Store at any time.
In any case, the particular use of any available means of payment will be subject to the verifications and authorizations by the entities responsible for them, so if the corresponding entity does not authorize the payment, the purchase process will end and the order will be automatically cancelled.
When the payment is authorized, at the time of formalizing the order, the price of the Products, their taxes, and the Envío: Costs will be charged.
- 6.2. For the purpose of proceeding with payment by electronic means, CONZIETO uses an electronic commerce payment gateway in the Store. The data provided to CONZIETO by Clients for this purpose is encrypted to guarantee maximum security during the payment process and is stored on a secure server certified according to the “Secure Socket Layer” protocol. In no case will the data of the Clients be stored through the payment gateway, and they will be kept only while the purchase operation is carried out, the payment is made and until the withdrawal period has elapsed.
7. SHIPPING AND DELIVERY OF THE PRODUCTS.
- 7.1. The Store can offer its customers different types of shipping. The availability of different shipping methods will depend on different factors, such as CONZIETO’s own decision to offer or not a certain shipping method, the type of product and other factors. CONZIETO does not guarantee the availability of different shipping methods at all times.
When, depending on the above factors, there are different shipping methods, these may be, among others, the following:
- A) Normal Envío:. This would be shipping 24/48 hours depending on the destination.
- B) Collection at Delivery Point.
In any case, Customers should consult the shipping methods available at any time for each product.
- 7.2. The Client will select the form of delivery that he prefers among those that are available.
- 7.3. In the purchase process, the Customer will be informed of the transport costs corresponding to the chosen delivery method and the foreseeable delivery time.
- 7.4. Home delivery address: In the cases of Normal Envío:, the Products purchased in the Store will be sent to the postal address indicated by the Customer. The postal address may not be a post office box or public places, such as public roads, squares, stations, airports or the like.
- 7.5. In the cases of Collection at the Delivery Points, the Customer will select the delivery point from among those that appear on the list that will be offered on the screen at this time of the purchase process.
- 7.6. The delivery time in the Normal Envío: mode will be between 1 and 2 business days in Spain and Portugal (except for the island territories, where the delivery time will be 10 business days), between 2 and 3 days in France and between 3 and 4 days in the rest of Europe from the confirmation and payment of the order, except in cases of force majeure.
- 7.7. The delivery time in the Urgent Envío: mode will be determined specifically when this service is available, if applicable.
- 7.8. In the Pickup at Delivery Point modality, the product will be available to the Client within the period that will be specifically determined when this service is available, if applicable.
Once the product is available at the selected Pick-up Point, an SMS or email will be sent to the Customer informing them and they will have seven (7) days to pick it up.
The Client must go to the delivery point with their D.N.I. to collect the product within seven (7) business days.
The product may also be collected by a third party as long as it has written authorization signed by the customer, proof of purchase and a photocopy of the D.N.I. the client’s.
- 7.9. At the time of delivery, if delivery of the Product to the indicated address is rejected or not possible on a first attempt, a second attempt will be made on successive days. If delivery is not possible in this second attempt, the Product will be returned to the Store. The transport and return costs will be borne by the Client and the price of the Products that have not been delivered within thirty (30) days will be reimbursed using the same means of payment that the Client used for the initial purchase.
- 7.10. In the event that the option of Collection at the Delivery Point is available, if the Customer does not remove the product within seven (7) business days, the product will be returned to the Store. The transport and return costs will be borne by the Client and the price of the Products that have not been delivered within thirty (30) days will be reimbursed using the same means of payment that the Client used for the initial purchase.
- 7.11. The Proof of Purchase will be sent together with the Product or Products.
- 7.12. In the event that, for any reason, CONZIETO does not comply with its delivery obligation within the established deadlines, or within a period specifically agreed with CONZIETO, the Client may summon the latter to make the delivery within an additional period appropriate to the circumstances of the case. If CONZIETO does not deliver within this additional period, the Customer shall have the right to terminate the contract. In the event of termination of the contract, CONZIETO will return the amounts paid by the Client as soon as possible.
- 7.13. The shipment of any of the products of a durable nature will be accompanied by the corresponding guarantee, which will express: (i) the product to which it refers; (ii) the name and address of the person granting the guarantee (which will normally be the manufacturer of the product); (iii) that the guarantee does not affect the legal rights of the client due to defects or lack of conformity of the product; (iv) the duration of the same; (v) the claim channels to make it effective; and where appropriate (vi) the additional rights to the legal ones that are granted to the Client.
Customers who purchase Products through the Store may cancel the purchase without having to justify their decision by withdrawing from the contract. For more information click here.
The return of the Product may be made through the Store, by filling out the form attached to the Right of Withdrawal document, or through the Customer Service Department, where the steps to follow will be indicated:
VINEYARDS AND WINERIES MONTEDEMBA S.L.
ALMERIZ PASSAGE N4 7ºB HUESCA C.P..22001
Telephone service hours: Monday to Saturday from 10:00 a.m. to 7:00 p.m. and Sundays from 10:00 a.m. to 3:00 p.m.
The maximum term available to the Client to send his communication is fourteen (14) calendar days from the date on which he received the Products.
The Customer must return the Products purchased in perfect condition (neither damaged, soiled, open, nor used), properly protected, where appropriate with the labels as they were at the time of receiving the Products and in their original packaging. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it is not damaged during transport.
Once the returned Products have been received by the corresponding Store and after checking their good condition, the amount corresponding to the returned units will be reimbursed within a period of fourteen (14) calendar days using the same means of payment as the Customer. used for the initial purchase.
The return costs will be borne by the Customer.
Withdrawal will not proceed when, due to the very nature of the Products purchased, it is impossible to carry it out, without prejudice to the corresponding claim for damages suffered, including, specifically: (i) Products made according to the indications or specifications of the consumer or that have been personalized for it; (ii) Products that have expired within the withdrawal period; (iii) Products that are not in perfect condition; (iv) Products without labels in their original, factory condition.
If the Product is defective, CONZIETO will be responsible whenever it is possible to replace it, at no cost to the Customer. In the event that, due to availability reasons, the replacement of the Product cannot be carried out, the full refund of the purchase price and the shipping costs will be made.
9. SUBSCRIPTION TO NEWSLETTERS.
9.1. Customers will have the option of subscribing to the CONZIETO Newsletter (or information sheet) to receive commercial information about their products by email. To do this, they must communicate the email address they wish to receive it at.
9.2. The Subscriber may cancel the current subscription in advance by communicating it by email (firstname.lastname@example.org) or by telephone, 15 days before the next shipment.
10. GENERAL WARRANTY.
For the application of the guarantee provided for in the Consolidated Text of the General Law for the Defense of Consumers and Users, and without prejudice to the power of CONZIETO to verify the defects, their origin and the moment of their appearance, the Client must request the collection of the defective Product within a maximum period of two (2) months from the verification of the defect, and must inform VIÑEDOS Y BODEGAS MONTEDEMBA S.L. in writing of the nature of the problem, the moment and the conditions of its appearance.
11. RELEASE OF LIABILITY.
The continuity of the Store over time, nor the absence of failures or interruptions of the service, nor that the Store will be available or accessible one hundred percent of the time they are operational is not guaranteed. Nor can it guarantee the absence of viruses or other harmful components in the Store or on its servers.
12. PERSONAL DATA.
VINEYARDS AND WINERIES MONTEDEMBA S.L. makes these Contract Conditions available to you sufficiently in advance, in accordance with current legislation, so that they can be consulted, stored and reproduced.
In the event that any provision of these Conditions is declared null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplicability will not affect the remaining provisions. In that case, the clause or clauses affected will be replaced by another or others that have the most similar effects to those of the replaced ones.
14. APPLICABLE SCHEDULE.
In the Store, all terms and references to business or working days will be understood as made with reference to the National Labor Calendar and that of the Autonomous Community of Castilla y León.
15. APPLICABLE LEGISLATION.
The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the domicile of VIÑEDOS Y BODEGAS MONTEDEMBA S.L.
These Conditions have been drafted in accordance with Law 34/2002, on services of the information society and electronic commerce, Law 7/1998 on General Conditions of Contract, 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.
This merchant agrees not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to persons under the age of 18”