1º.- GENERAL DETAILS OF THE SERVICE PROVIDER
Bodegas y Viñedos Tamaral S.L.U. (Hereinafter, Tamaral), NIF B-47396833, registered in the Mercantile Register of Valladolid, Volume 705, Folio 33, page 8388, section 8, 1st inscription.
Postal address: Carretera Nacional N-122, Km. 310,6; CP 47314 de Padilla de Duero, Valladolid.
E-mail address: firstname.lastname@example.org
Telephone: 983 87 80 17
2º.- OBJECT OF THE CONDITIONS OF PURCHASE AND GENERAL ASPECTS
The purpose of these Conditions is to regulate the access and the system of acquisition of the products provided by Tamaral to the user through its Web Store, constituting the legal framework that develops the contractual relationship.
Its content has been drafted taking into account the law in force at the time of its elaboration, constituted among other rules by the Royal Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 34/2002, on Information Society Services; and Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, on the resolution of online consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
In order to make purchases on the Tamaral Web Shop, the winery has set up a descriptive, easily accessible and secure web environment, with an intuitive, simple and guided purchasing process.
The offers and services provided by TAMARAL on its website are aimed solely and exclusively at natural persons of legal age and legal persons who are considered consumers or end users, in accordance with current legislation. Those who do not meet the above requirements may not purchase products through this website.
Users of the website and online store Tamaral, respectively, can directly access the conditions and terms of purchase by clicking on the section entitled to that effect that can be found at the bottom of the web. And they undertake to read them carefully, each time they proceed to the purchase of any product, since they may have been subject to change since the last time they accessed. In any case, they will always have access to them prior to the start of the product purchase procedure and may store and / or reproduce them on a durable medium.
Users of the Tamaral website accept, in full and without reservation, its contents, and are subject to them expressly. In case of disagreement with any content of the page and the online store, users may leave the website immediately and voluntarily.
By accepting the terms and conditions of purchase users declare:
That they are persons with capacity to contract, of legal age.
That they have read and expressly accept them.
Tamaral may cancel and prevent access to the web store, as well as the supply of products to users who maintain debit balances with the winery for any reason.
Contracts made in the online store are formalized in Spanish language, under the conditions detailed herein.
The following is a description of the purchase process in the web store which, on the other hand, can be carried out in a simple and intuitive way by following the different illustrations, links, links, banners, and other visible and accessible tools from the Tamaral web page. The process described may be modified, although the changes made in the future will not be significant for the purpose of understanding the process:
- Users can access the online store by clicking on the corresponding icon located on the winery’s website.
- Once inside the store, the different products that are marketed are graphically described with their price, including taxes. Other information such as the existence of points, promotions or any other information of interest to users may also appear. If users wish to receive more information about the different products, clicking on them will load a new page detailing multiple features (Varieties, tasting notes, pairings, videos, etc….), rewards in the form of points and/or other possible related promotions; as well as several illustrations and menus that provide answers to the most common questions about the delivery process, contact information, related products, orders, transport and purchase.
- The user must select the products and the units of these that he/she wishes to purchase, which will be added to the cart.
- Once the product has been added to the cart, the user has the option to “continue shopping”, for which he/she can add new products, or access the payment process in case he/she wishes to finalize his/her purchase (“Checkout”). Both options require the user’s express and active action by clicking on the respective label. Likewise, the user has the option of accessing the interior of his cart, which is especially useful if he has made several purchases, using the aforementioned option of “continue shopping”, since he will be able to check in detail all the products he is going to buy (products, units, prices…), and then finalize the purchase.
- If the user has selected to pay or finalize the purchase, he will access the payment process within which he will be offered the possibility of indicating whether he is a registered user (which will avoid having to enter any of the essential data for the purchase and delivery of the products), register (if he wishes to do so in order to expedite subsequent purchases), enter the data of discount coupons or other promotions, if applicable, and finally the option to buy without registration. Then, you must include the essential data for invoicing and for the delivery of the products (mandatory) and other data for the reception of promotions and/or information about the products of the Winery (optional). In all cases the introduction of the data requires an express and positive action by the user, so that he/she will always be responsible for its veracity and for the consequences of any kind that may arise from his/her action.
- The next step will be to formalize the payment through the selected procedure. These are described in a specific section dedicated to the different payment options below (Section 4.3).
3º.- ON-LINE DISPUTE RESOLUTION PLATFORM
Users can access the on-line dispute resolution platform at the following web address:
4º.- PURCHASE OF PRODUCTS IN TAMARAL’S ONLINE STORE
4º.1.- Catalogue of products
The online store of the Tamaral website contains on its home page all the products available to users for purchase. By clicking on each product, users can access its detailed description (such as service formats, grape varieties, tasting notes and pairing, vintages, videos and others that, along with the above, may be modified over time). Likewise, users have at their sight the fundamental conditions for the purchase and delivery process; and the resolution of the most frequently asked questions about orders, transport and purchase, in drop-down menus placed in a specific section.
Tamaral may add or remove products from its online store, respecting in any case orders placed previously or the duration of campaigns and promotions under which purchases have already been formalized.
Products with alcoholic content may only be purchased by persons of legal age, who must have declared such condition at the time of entering the Winery’s website.
The products purchased through the online store are only available for shipment to mainland Spain, excluding the Canary Islands, Balearic Islands, Ceuta and Melilla. If any user from the Canary Islands, Balearic Islands, Ceuta and Melilla or from outside Spain wishes to purchase the products of the Winery, he/she should contact the postal or e-mail addresses included in paragraph 1 to specify the availability of the products and the rest of the applicable conditions, since the present conditions will not apply to him/her.
4º.2.- Prices and shipping costs
The price of each product is indicated next to it, both on the home page of the store and on the specific page of each of them. The indicated prices include the corresponding taxes.
The amount of the shipping costs is indicated after the subtotal of the products included in the cart, in the summary of purchase that is described both before and on the page in which the order is formalized.
4º.3.- Payment methods
At the moment of publication of the present conditions, the allowed forms of payment are those that are indicated next:
Credit or debit card: They are made directly to the bank through bank gateway linked with secure encryption system. To make payments by card it is necessary to indicate the card number, its expiration date, the name and surname of the cardholder (as they appear on the card) and the CVV code of the card.
TAMARAL does not keep the bank details included in order to carry out the transaction through the bank payment platform, which is the one that grants the corresponding encryption protection. TAMARAL can only use the bank details provided by users to the bank payment platform, until the withdrawal period has expired and for such purposes, without being aware of them at any time.
The charge made on the card, for the amount of the purchase, is made at the time the user makes the payment.
In accordance with the provisions of Article 112 of Royal Legislative Decree 1/2007, when the amount of a purchase has been fraudulently or improperly charged using the payment card number, the cardholder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and recredit entries in the accounts of Tamaral and the cardholder customer will be made as soon as possible.
However, if the purchase had actually been made by the cardholder customer and the requirement of the refund was not the result of having exercised the right of withdrawal or termination, he will be liable to Tamaral to compensate the damages caused as a result of such cancellation.
Each time users make a purchase must re-enter all the data of your card because, as indicated, TAMARAL does not have access or store the bank details of users of its web store.
PayPal: The payment is made by redirection to the secure PayPal page (external to the online store) in which users must have previously registered. It is necessary that they enter the e-mail and password with which they have registered with PayPal and accept the payment. Then, they are redirected to the online store page and it is confirmed that the purchase process has been completed.
Tamaral does not have access to users’ bank details.
Bizum (Through the bizum App): In order to pay through bizum it is necessary to have the service registered with the user’s bank. The payment is made through the well-known application (external to the online store) by entering the phone number; and is finalized by accessing the bank’s App following the instructions that each entity indicates or by entering your bizum password.
Tamaral does not have access to users’ bank details.
Bank transfer: The user must make the payment by bank transfer to the account number of the Winery indicated after placing the order. You must indicate the order number as payment reference. The order is not processed until Tamaral has received the amount in your bank account.
4º.4.- Order Confirmation
Once the purchase process is completed, Tamaral will send an email to the email address provided by users with all information relating to orders. In case they do not receive it, users should contact the winery at the following email address: email@example.com
Before contacting the winery, it is recommended that you check the spam or junk mail box of your mail application or your mail program, since it is common for automatically generated mailings to be catalogued as such.
In the event that, once an order is placed, any of the products purchased is not available, Tamaral will immediately inform the corresponding user, who will be refunded the amount paid for that product within a period of less than 15 calendar days from such communication or will be offered the possibility of changing the unavailable product for a similar one. In the event that this change involves an increase in price, the user must pay the difference, and the winery return the amount arising if the change involves a decrease in that.
4º.5.- Delivery terms
The delivery time of the purchases is fixed between 3 and 4 working days from 9:00 a.m. of the next working day after the confirmation and payment of the product.
The previous terms could vary upwards, not guaranteeing the previous ones, in the following assumptions, among other similar ones:
- Non-availability of stock.
- Specific dates of high activity, such as the Christmas campaign.
- Transport strike.
- Situations of fortuitous event or force majeure.
If at the time of delivery, either the user or a person of legal age is not at the address provided, the transport company will leave a notice (on physical, electronic or telephone support) with the corresponding indications to contact and arrange a new delivery. If there is no response or no contact support has been provided, the shipment will remain at the transport company’s facilities, pending resolution and/or contact with the customer. In the following days, an attempt will be made to locate the recipient and a second delivery will be scheduled. If after the two previous delivery attempts it has not been possible, the products will be returned to Tamaral. If after the return the customer claims his order, he will have to pay again the shipping costs.
The recipient of the order must sign a proof of delivery, stating his name and ID which implies its conformity with the products received, both in terms of quantity and in terms of quality and condition in which they are.
To this effect, the receiver will be able to review the order in order to show his conformity or disagreement. In case it is not complete, it must be expressly stated in the corresponding delivery note.
4º.6.1.- Right of withdrawal
The user will have a maximum period of 14 calendar days from delivery of the product to withdraw, in whole or in part, of your purchase, in accordance with applicable law.
However, this and in accordance with the provisions of Articles 102 and 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users, and other complementary laws, the right of withdrawal may not be exercised on the bottles or products that have been opened, nor, if served in wooden boxes when they have been opened or unsealed. Nor can the right of withdrawal be exercised in the case of customized products.
The product must be in the same condition in which it was delivered and must retain its original packaging and labeling.
You can download the withdrawal form here.
The refund to the user will include all shipping costs paid by the user at the time of purchase. The shipping costs of returns will be borne by the customer.
4º.6.2 .- Return of defective products
Users are entitled to a refund of the price of defective products or products delivered if they do not correspond to the order placed, within 14 days of receipt. The refund will be made according to the method of payment used in the purchase. Alternatively, they will have the right to claim, and be delivered, a product equal to the one ordered, in perfect condition.
In cases of defective products users will not have to face the cost of return.
4º.6.3.- Processing of returns.
For returns arising from both the exercise of the right of withdrawal and defective products, the user must contact Bodegas y Viñedos Tamaral S.L.U. on +34 983 87 80 17, from where we will proceed to make the necessary arrangements.
The products must be returned in their original packaging and condition, including the proof of purchase and the delivery note of the product, as well as the reason for the return; and must be sent to Bodegas y Viñedos Tamaral S.L.U. Carretera N-122 Valladolid – Soria Km 310,6, 47314, Padilla de Duero.
Partial returns of an order, in accordance with the above conditions, will result in the reimbursement of the price corresponding to the product or products actually returned.
The time of payment of the amounts derived from the refunds in the user’s account will depend on the corresponding bank.
5º. PROTECTION OF PERSONAL DATA
Tamaral will treat your data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; and with Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
The data provided by users in Tamaral’s web store will be used for the purpose of managing purchases and deliveries of products (in which case the legitimacy will be given by the contractual relationship and/or legitimate interest and/or consent); and sending commercial communications about products from the winery (in which case the legitimacy will be given by the legitimate interest and/or consent).
The only transfer of data that will be made will be to the corresponding transport company, with the sole purpose of being able to make deliveries of products purchased by users.
The bank details provided by users will not be retained by Tamaral since they are directed directly to the bank gateway, and the winery can access them only to make refunds of amounts that may arise under the conditions described herein.
6º. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.
The contracts for the purchase of products shall be governed by Spanish law, which shall be applicable in all matters not provided for herein. Any disputes arising from the purchase of products through Tamaral’s online store will be submitted to the competent jurisdictional bodies determined by Spanish Law.