AVAILABLE GENERAL CONDITIONS
1. GENERAL INFORMATION
The titularity of this website, www.bodegasgallegas.com, (from now on Website) has it: VINOS & BODEGAS GALLEGAS, SAU, provided with NIF: A32266462 and inscribed in: Mercantile Register of Ourense; and whose data registers are: Volume 544 Folio 201, Sheet OR-7168, and whose data of contact are:
Direction: Santa Cruz of Arrabaldo, 49 32990 Ourense (Spain)
Telephone number: 988384200
This document (as well as all other documents that here mention) regulates the conditions by which governs the use of this Website (www.bodegasgallegas.com) and the purchase or acquisition of products and/or services in the same (from now on, Conditions).
To effects of these Conditions understands that the activity that VINOS & BODEGAS GALLEGAS, SAU it develops through the Website comprises:
Commercialisation of pertinent wines of the Denominations of Origin Rías Baixas, Ribeira Sacra and Ribeiro elaborated by the distinct cellars, located inside the geographic zones of the previous Denominations of Origin mentioned, pertaining to the group VINOS & BODEGAS GALLEGAS, SAU
Likewise, it informs that these Conditions could be modified. The User is responsible to consult them every time that it access, sail and/or use the Website since they will be applicable those that find valid in the moment in that it request the acquisition of products and/or services.
For all the questions that the User can have in relation with the Conditions can put in contact with the headline using the data of contact facilitated further up or, in his case, using the form of contact.
2. THE USER
The access, the navigation and use of the Website, confers the condition of user (from now on referred, indistinctly, individually like User or jointly like Users), by what accept , since it initiates the navigation by the Website, all the here established Conditions, as well as his modifications, without prejudice to the application of the corresponding legal rule of forced fulfillment according to the case.
The User assumes his responsibility of a correct use of the Website. This responsibility will extend to:
- Do use of this Website only to make queries and shopping or acquisitions legally valid.
- Not making any false or fraudulent purchase. If reasonably it could consider that it has done a purchase of this type, could be cancelled and would inform to the pertinent authorities.
- Facilitate data of truthful and lawful contact, for example, email address, postal address and/or other data (see Legal notice and General Conditions of Use).
The User declares to be greater of 18 years and have legal capacity to celebrate agreements through this Website.
The Website is directed mainly to resident Users in Spain. VINOS & BODEGAS GALLEGAS, SAU it does not ensure that the Website fulfil with legislations of other countries, already was total or partially. VINOS & BODEGAS GALLEGAS, SAU it declines all responsibility that can derive of said access, as well as it neither ensures sendings or provision of services out of Spain.
The User will be able to formalize, to his election, with VINOS & BODEGAS GALLEGAS, SAU the agreement of trade with the products and/or services wished in any one of the languages in which the present Conditions are available in this Website.
3. PROCESS OF PURCHASE OR ACQUISITION
The Users can buy in the Website by the means and forms established. They will have to follow the procedure of purchase and/or on-line acquisition of www.bodegasgallegas.com, during which several products and/or services can be selected and additions to the cart, basket or final space of purchase and, finally, do click in "Finalizing Purchase".
Likewise, the User will have to fill up and/or check the information that in each step requests him, although, during the process of purchase, before making the payment, can modify the data of the purchase.
Next, the User will receive an email confirming that VINOS & BODEGAS GALLEGAS, SAU it has received his request or application of purchase and/or provision of the service, that is to say, the confirmation of the request. And, in his case, will inform him, equally, by means of email when his purchase was being envoy.
Once the procedure of purchase has concluded, the User consents that the Website generate an electronic bill that will do arrive to the User through the email. Likewise, the User can, if like this it wishes it, obtain a copy of his bill in paper, requesting it to VINOS & BODEGAS GALLEGAS, SAU using the spaces of contact of the Website or through the data of contact facilitated further up.
The User recognizes to be abreast, in the moment of the purchase, of some available particular conditions that concern to the product and/or service in question and that show beside the presentation or, in his case, image of this in his page of the Website, indicating, to way expository, but no exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristic, way in which will carry out and/or cost of the provision; and it recognizes that the realization of the request of purchase or acquisition materializes the full and complete acceptance of the available particular conditions applicable to each case.
All the requests of purchase received by VINOS & BODEGAS GALLEGAS, SAU through the Website are subject to the availability of the products and/or to that any circumstance or cause of greater strength (clause nine of these Conditions) affect to the supply of the same and/or to the provision of the services. If they produced difficulties regarding the supply of products or did not remain products in stock, VINOS & BODEGAS GALLEGAS, SAU it engages to contact to the User and refund any quantity that could have been credited in concept of amount. This will be equally applicable in the cases in which the provision of a service became unrealizable.
5. PRICES AND PAYMENT
The prices exhibited in the Website are the ends, in Euros (€) and include the taxes, except that by legal requirement, especially regarding the VAT, signal and apply distinct question.
Nevertheless, and except that indicate , on time, another thing the prices of the articles offered exclude the costs of sending, in which it could incur , that will add to the total amount because of the moment to manage the procedure of sending by part of the User, and where this will consult the methods and costs of available sending and will choose freely the one who more suit him.
In no case the Website will add additional costs to the price of a product or of a service of automatic form, but only those that the User have selected and voluntary elected and freely.
The prices can change anytime, but the possible changes will not affect to the requests or shopping regarding which the User already have received a confirmation of request.
The means of payment accepted will be: Charge card or debit, PayPal, and banking Transfer.
VINOS & BODEGAS GALLEGAS, SAU it uses all the means to guarantee the confidentiality and the security of the data of payment transmitted by the User during the transactions through the Website. As such, the Website uses a system of safe payment SSL (Secure Socket Layer).
The charge cards will be subject to verifications and permissions by part of the banking emitting entity of the same, if said entity did not authorize the payment, VINOS & BODEGAS GALLEGAS, SAU it will not be responsible by any delay or fault of delivery and will not be able to formalize any agreement with the User.
Once that VINOS & BODEGAS GALLEGAS, SAU it receives the purchase order by part of the User through the Website, will do a pre-permission in the card that correspond to ensure that they exist sufficient bottoms to complete the transaction. The charge in the card will do in the moment in that it sends to the User the confirmation of sending and/or confirmation of the service that loans in shape and, in his case, place established.
If the half of payment is Paypal the charge will do in the moment in that VINOS & BODEGAS GALLEGAS, SAU it send a confirmation of the request of purchase or acquisition of products and/or services to the User.
Anyway, when doing click in "Finalizing Purchase" the User confirms that the method of payment used is his.
The requests of purchase or acquisition in which the User select like half of payment the banking transfer will be reserved during 5 natural days from the confirmation of the request to be able to leave the sufficient time to that the banking transfer was taken in account by the system of payments used by VINOS & BODEGAS GALLEGAS, SAU for the Website. When the system receives the transfer, the request will be ready and managed for sending.
By means of this method of payment, the User has to ensure that enters properly the exact amount of the request of purchase, as well as the account number and the reference of the transfer. In case of error, VINOS & BODEGAS GALLEGAS, SAU it will not be able to validate the request, that will be cancelled.
In the cases in which it proceeds to make the physical delivery of the very hired, the deliveries will affect in the field of the following territory: Spain (Peninsula and Balearic), European Union, Rest of Europe.
Excepting those cases in which they exist unforeseen or extraordinary circumstances or, in his case, derived of the personalization of the products, the request of consistent purchase in the products related in each confirmation of purchase will be delivered in the distinguished term in the Website according to the method of sending selected by the User and, anyway, in the time limit of 30 natural days to explain from the date of the confirmation of the request.
If by some reason, that was him imputable, VINOS & BODEGAS GALLEGAS, SAU it could not fulfil with the date of delivery, will contact to the User to inform him of this circumstance and, this will be able to choose go on with the purchase establishing a new date of delivery or cancel the request with the total repayment of the price paid. In any case, the deliveries to domicile make in business days.
If it resulted impossible to affect the delivery of the request by absence of the User, the request could be given back to the warehouse. Nevertheless, the carrier would leave a warning explaining where finds the request and how do so that it was delivered again.
If the User does not go to be in the place of delivery in the time band suited, has to put in contact with VINOS & BODEGAS GALLEGAS, SAU to suit the delivery another day.
In case that they pass 30 days since his request was available for his delivery, and have not been delivered by cause no imputable to VINOS & BODEGAS GALLEGAS, SAU, VINOS & BODEGAS GALLEGAS, SAU it will understand that the User wishes to desist of the agreement and this will consider resolved. Like consequence of the resolution of the agreement, all the payments received of the User will be him given back, to exception of the resultant additional costs of the own election of the User of a modality of different delivery to the less costly modality of ordinary delivery that offers the Website, without any delay undue and, in any case, in the time limit of 14 natural days from the date in that it considers resolved the agreement.
Nevertheless, the User has to have present that the transport derived of the resolution can have an additional cost that it could affect the price.
To effects of the present Conditions, will understand that it has produced the delivery or that the request has been delivered in the moment in which the User or a third indicated by the User purchase the material possession of the products, what will accredit by means of the signature of the reception of the request in the direction of delivery suited.
The risks that of the products could derive will be to charge of the User from the moment of his delivery. The User purchases the property of the products when VINOS & BODEGAS GALLEGAS, SAU it receives the complete payment of all the quantities owed in relation to the purchase or acquisition effected, included the costs of sending, or in the moment of the delivery, if this takes place in a moment back to the complete reception of the amount object of payment by VINOS & BODEGAS GALLEGAS, SAU.
Of compliance with the had in the Law 37/1992, of 28 December, of the Tax on the Value Added (VAT), the requests of purchase for his delivery and/or provision will understand located in the territory of application of the Spanish VAT if the direction of delivery is in Spanish territory except Canaries, Ceuta and Melilla. The type of applicable VAT will be the legally valid in each moment in function of the concrete article that it treats.
In this same sense, and of compliance with the Chapter I of the title V of the Directive 2006/112 of the Council of 28 November 2006 relative to the common system of the VAT, the requests of purchase will locate , for his delivery and/or provision, in that Been member of the European Union in that the direction that appears in the request of purchase locates and, therefore, the applicable VAT will be the valid in said Been member.
For the rest of locations, distinct to the previous, where the requests of purchase located , for his delivery and/or provision will apply the valid rule in each moment; the User has to take into account that this could generate the application and become of taxes and rights of customs in destination, of compliance with the valid rule in destination, and that these could run of his part. To expand information, the User has to head to the office of customs in destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
It puts in knowledge of the User that in case that it detect that it has produced an error when entering necessary data to process his application of purchase in the Website, will be able to modify the same putting in contact with VINOS & BODEGAS GALLEGAS, SAU through the spaces of contact enabled in the Website, and, in his case, through those enabled to contact with the service of attention to the customer, and/or using the data of contact facilitated in the first clause (general Information).
In any case, the User, before doing click in "Finalizing Purchase", has access to the space, cart, or shopping basket where it adds his its items for purchasing and it can be modified.
In the cases in which the User purchased products on or through the Website of the title, it assists him a series of rights enumerated and described below:
Right of Desisting
The User, whereas consumer and user, makes a purchase in the Website and, therefore took him the right to desist of said purchase in a term of 14 natural days without need of justification.
This term of desisting will expire to the 14 natural days of the day that the User or a third authorized by this, distinct of the carrier, purchased the material possession of the goods purchased in the Website of VINOS & BODEGAS GALLEGAS, SAU. or in case that the goods that compose his request deliver separately, to the 14 natural days of the day that the User or a third authorized by this, distinct of the carrier, purchased the material possession of the last of these goods that composed a same request of purchase, or in the case to treat of an agreement of services, to the 14 natural days from the day of the celebration of the agreement.
To exert this right of desisting, the User will have to notify his decision to VINOS & BODEGAS GALLEGAS, SAU. It will be able to do it, in his case, through the spaces of contact enabled in the Website or through:
VINOS & BODEGAS GALLEGAS, SAU.
LG. SANTA CRUZ OF ARRABALDO, 49.
32990. OURENSE. SPAIN (SPAIN).
The User, independently of the half that choose to communicate his decision, has to express of clear and unambiguous form that it is his intention desist of the agreement of purchase. Anyway, the User will be able to use the model of form of desisting that VINOS & BODEGAS GALLEGAS, SAU. it puts to his disposal like part attached to these Conditions, however, his use is not compulsory.
To fulfil the term of desisting, suffices with that the communication that expresses unambiguously the decision to desist was sent before it wins the corresponding term.
In case of desisting, VINOS & BODEGAS GALLEGAS, SAU. refunds to the User all the payments received, included the costs of sending (with the exception of the additional costs elected by the User for a modality of different sending to the less costly modality offered in the Website) without any delay undue and, anyway, to more take in 14 natural days from the date in which VINOS & BODEGAS GALLEGAS, SAU.it is informed of the decision to desist by the User.
VINOS & BODEGAS GALLEGAS, SAU. refunds to the User using the same method of payment that utilized to make the initial transaction of purchase. This repayment will not generate any additional cost to the User. Nevertheless, VINOS & BODEGAS GALLEGAS, SAU. it could retain said repayment until having received the products or articles of the purchase, or until the present User a proof of the return of the same, according to which condition fulfil first.
The User can give back or send the products to VINOS & BODEGAS GALLEGAS, SAU. in:
VINOS & BODEGAS GALLEGAS, SAU.
LG. SANTA CRUZ OF ARRABALDO, 49.
32990. OURENSE. SPAIN (SPAIN).
And it will have to do it without any delay undue and, in any case, to more take in the term of 14 natural days from the date in that VINOS & BODEGAS GALLEGAS, SAU.it was informed of the decision of desisting.
The User recognizes to know that it will have to assume the direct cost of return (transport, delivery) of the goods, if it incurred in any. Besides, it will be responsible of the decrease of value of the resultant products of a distinct manipulation to the necessary to establish the nature, the characteristics and the operation of the goods.
The User recognizes to know that they exist exceptions to the right of desisting, as it collects in the article 103 of the Legislative Royal decree 1/2007, of 16 November, by which approves the text take into General Law for the Defense of the Consumers and Users and other complementary laws. Of form enunciative, and no exhaustive, east would be the case of: personalized products; products that can deteriorate or expire with rapidity; CDs/DVD of music or video without his wrapping, as precinct in factory; products that by reasons of hygiene or of the health go sealed and have been unsealed after the delivery.
In this same sense governs the provision of a service that the User could hire in this Website, as this same Law establishes that it will not assist the Right of desisting to the Users when the provision of the service has been entirely executed, or when it have begun, with the consent express of the consumer and user and with the recognition by his part that it is conscious that, once that the agreement have been entirely executed by VINOS & BODEGAS GALLEGAS, SAU. it will have lost his right of desisting.
Anyway, it will not do any repayment if the product has been used further of the mere opening of the same, of products that are not in the same conditions in which they delivered or that they have suffered some damage after the delivery.
Likewise, has to give back the products using or including all his original wrappings, the instructions and other documents that in his case accompany them, in addition to a copy of the bill of purchase.
In the following link can download the Model of form of desisting:
Return of defective products or error in the sending
It treats of all those cases in which the User considers that, in the moment of the delivery, the product does not adjust to the stipulated in the agreement or request of purchase, and that, therefore, will have to put in contact with VINOS & BODEGAS GALLEGAS, SAU. immediately and do him know the nonconformity existent (defect/error) by the same means or using the data of contact that facilitate in the previous section (Right of Desisting).
The User will be then informed on how proceed to the return of the products, and these, once give# back, will be examined and will inform to the User, inside a reasonable term, if it proceeds the repayment or, in his case, the replacement of the same.
The repayment or the replacement of the product will affect the before possible and, in any case, inside the 14 following days to the date in which we send him an email confirming that it proceeds the repayment or the replacement of the no satisfied article.
The amount credited by those products that are given back owing to some defect, when really it exists, will be refunded entirely, included the costs of delivery and the costs in that it had been able to incur the User to make the return. The repayment will affect by the same half of payment that the User used to pay the purchase.
Anyway, it will be always to the rights recognized in the valid legislation in each moment for the User, whereas consumer and user.
The User, whereas consumer and user, enjoys of guarantees on the products that can purchase through this Website, in the legally established terms for each type of product, answering with VINOS & BODEGAS GALLEGAS, SAU., therefore, by the fault of compliance of the same that it manifest in a term of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract as long as: they comply with the description made by VINOS & BODEGAS GALLEGAS S.A.U and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Returning defective products or shipping error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they were manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a brand or manufacturing product on the Website by a third party. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information regarding the guarantee of the products.
9. EXONERACIÓN OF RESPONSIBILITY
Except legal disposal in contrary sense, WINES & GALICIAN CELLARS S.To.Or it will not accept any responsibility by the following losses, with independence of his origin:
Except as otherwise provided by law, VINOS & BODEGAS GALLEGAS S.A.U will not accept any responsibility for the following losses, regardless of their origin:
• Any losses that were not attributable to any default on your part;
• Business losses (including loss of earnings, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.
Likewise, VINOS & BODEGAS GALLEGAS S.A.U also limits its liability in the following cases:
• VINOS & BODEGAS GALLEGAS SAU applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems. that is used or others of this nature.
• VINOS & BODEGAS GALLEGAS S.A.U will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transport malfunctioning, especially for causes such as strikes, roadblocks, and in general any other specific to the sector, resulting in delays, losses or thefts of the product.
• Technical failures that due to fortuitous or other causes, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. VINOS & BODEGAS GALLEGAS SAU puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it is exempt from liability for causes not attributable to it, fortuitous event or force higher.
• VINOS & BODEGAS GALLEGAS S.A.U will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, VINOS & BODEGAS GALLEGAS S.A.U will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
• In general, VINOS & BODEGAS GALLEGAS SAU will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and VINOS & BODEGAS GALLEGAS S.A.U will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. VINOS & BODEGAS GALLEGAS S.A.U will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most of the communications with VINOS & BODEGAS GALLEGAS S.A.U are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that VINOS & BODEGAS GALLEGAS S.A.U send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with VINOS & BODEGAS GALLEGAS S.A.U through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, VINOS & BODEGAS GALLEGAS S.A.U may contact and / or notify the User by email or postal address provided.
No waiver of VINOS & BODEGAS GALLEGAS SAU to a specific right or legal action or the lack of requirement by VINOS & BODEGAS GALLEGAS SAU of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor exonerate the User from the fulfillment of his obligations.
No waiver by VINOS & BODEGAS GALLEGAS S.A.U to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and VINOS & BODEGAS GALLEGAS SAU in relation to the object of sale and purchase and replace any other pact, agreement or promise agreed orally or by written by the same parties.
The User and VINOS & BODEGAS GALLEGAS S.A.U acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between VINOS & BODEGAS GALLEGAS SAU and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send VINOS & BODEGAS GALLEGAS S.A.U their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, VINOS & BODEGAS GALLEGAS SAU has official complaint forms available to consumers and users, and that they can request from VINOS & BODEGAS GALLEGAS SAU at any time, using the contact information provided at the beginning of these Conditions ( General information).
Likewise, if a controversy arises from the conclusion of this purchase contract between VINOS & BODEGAS GALLEGAS SAU and the User, the User as a consumer can request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modification: 5 May 2020