General Terms and Conditions

GENERAL TERMS AND CONDITIONS

 

These general contracting conditions apply to all commercial transactions carried out in our virtual store www.vinoslaencomienda.es, domain owned by LA ENCOMIENDA CB, CIF: E13554944, Calle Bernardo de Balbuena, 131-A, postal code 13,300, Valdepeñas, Ciudad Real province, Spain.

The use of the services of the Website, as well as the acquisition of any of the products offered, implies the acceptance of the User, without reservations of any kind, of each and every one of these General Conditions. The registration in the Portal and the use of the services implies that your data as a User will become part of the files of LA ENCOMIENDA, and its treatment will be in accordance with the provisions of the Privacy Policy, which the User expressly declares to know and accept .

LA ENCOMIENDA provides information about products, and offers the possibility of their acquisition through the Website. People who intend to purchase products must have the status of “Registered User” or “Guest User”, which are acquired by completing the respective registration form prior to the purchase process and following the steps that Lavinia subsequently communicates through the Website .

These General Conditions, together with the Legal Notice and the Privacy Policy of the Website, are the only conditions applicable to the use of the Portal and the purchase of products through it and replace any other conditions, except with prior agreement and by written between LA ENCOMIENDA and the User. Consequently, the User who accesses the Website, registers and makes the purchase of products through the Portal accepts to submit and is bound by the General Conditions, the Legal Notice and the Privacy Policy as they are written at the time in which the Website is accessed.

Any User who agrees to use the Website must be at least eighteen (18) years old.

Product information

The photographs, graphic or iconographic representations and videos related to LA ENCOMIENDA Products, as well as trade names, trademarks or distinctive signs of any kind contained on the Website, are intended to provide the most information, however, the User must note that they are for guidance purposes and are therefore not exhaustive.

LA ENCOMIENDA reserves the right to decide, at any time, the products offered to Users through the Portal. In this way, LA ENCOMIENDA may at any time add new products to those included in the Portal, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions that are in force at that time .

Likewise, LA ENCOMIENDA reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal.

In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, LA ENCOMIENDA will inform the User by email of the total or, where appropriate, partial cancellation of the order. The partial cancellation of the order does not give the right to the cancellation of the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these General Conditions.

Product purchase system

To proceed with the purchase of the product, the registered or invited User, who must be over eighteen (18) years old, must select the product that he wishes to buy and add it to the Shopping Cart. Once the selection of products to be purchased has been completed, the User must click the “Finish” icon. Next, the products selected for purchase will be indicated and the User must select between sending the products to the address entered in their registration data (being able to choose between any of the addresses contained in their registration data). Finally, the user must click the “Pay” icon.

The User name, email address and password provided to LA ENCOMIENDA are identifying and enabling elements to access and make purchases and are personal and non-transferable. The User’s name, password and email address may be modified, in which case the modified password, Username and / or email address will lose their validity.

Once the purchase process is finished, LA ENCOMIENDA will send to the email provided by the User, a confirmation email of the receipt of the order within twenty-four (24) hours after the order is made. The order confirmation sent by LA ENCOMIENDA will not be valid as an invoice, only as proof of purchase. LA ENCOMIENDA’s Customer Service Department will send the User the corresponding invoice within a period of less than thirty (30) days from the execution of the purchase.

Product prices

The prices of the products offered through the Website include all applicable taxes. The shipping costs of the products on behalf of the buyer will be detailed and broken down in the “Your Basket” section of the Website.

LA ENCOMIENDA reserves the right to modify the prices reflected on the Website, at any time. The products will be invoiced at the current price reflected on the Website, at the time of order registration.

Prices may vary from one channel to another of LA ENCOMIENDA, and there may be, for example, differences between the web price and that of physical stores. There may be promotions that only affect one of the channels. Each channel (store) reserves the right to carry out its own promotions.

 

Payment of the products

The payment of the price of the purchased goods and of the shipping costs, which will appear on the screen, can be made by credit or debit card or through other payment systems indicated at all times on the Website.

To proceed with the payment, the User must follow the instructions that appear on the screen depending on the payment system chosen.

As an electronic payment system, LA ENCOMIENDA is attached to the electronic commerce payment gateway. All data provided for these purposes is encrypted under the SSL (Secure Socket Layers) protocol to guarantee maximum security.

The User must notify LA ENCOMIENDA, through info@vinoslaencomienda.es, of any undue or fraudulent charge in the account provided for purchases on the Website, in the shortest possible time, in order for LA ENCOMIENDA to carry out the steps it deems appropriate.

Delivery of the products

LA ENCOMIENDA undertakes to deliver the products purchased by the User in the purchase process in the shortest possible time, and in any case, within thirty (30) calendar days from the order formulation date. The delivery will be made, at the address indicated for this purpose in the registration process on the Website, no products will be delivered to post office boxes or call centers.

LA ENCOMIENDA will not be responsible for the errors or damages caused in the delivery when the delivery address provided by the User does not conform to the place of delivery desired by the User.

Return of products

(i) Right of withdrawal

The User will have a maximum period of fourteen (14) calendar days from the delivery of the product to withdraw, totally or partially, from the purchase of the product, in accordance with the applicable legislation.

Once the period of fourteen (14) calendar days has expired, LA ENCOMIENDA will not accept returns for the withdrawal of product purchases.

In the event of desisting from the purchase of a product, the User must contact LA ENCOMIENDA by sending an email to info@vinoslaencomienda.es.

In any case, in the event of desisting from the purchase, the following requirements must be met:

1) The product must be in the same state in which it was delivered and must retain its original packaging and labeling.

2) The return to LA ENCOMIENDA must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition.

3) A copy of the proof of purchase and the delivery note of the products must be included in the package, which also indicates the returned products and the reason for the return.

Returns of orders should be sent to the address of LA ENCOMIENDA, Calle Bernardo de Balbuena, 131-A, postal code 13,300, Valdepeñas, Ciudad Real province, Spain. The User will assume the shipping costs for return in case of exercise of the right of withdrawal.

(ii) Return of defective products

Without prejudice to any other rights that may correspond, the User will be entitled to a refund of the price of defective products or products delivered if they do not correspond to the order placed by the User. Alternatively to the above, the User will have the right to claim, and have it delivered, an equal product, in perfect condition.

In the cases of return to LA ENCOMIENDA of defective products or that do not correspond to your order, this must be carried out by the User through the procedure established in section (i) above, although the User, in this case, should not meet the costs of returning such products.

Provided that the User has followed the procedure established in section (i) above and the requirements established in this section have been met, LA ENCOMIENDA will reimburse the price paid corresponding to the returned products that are defective or that do not correspond to the order of products made by the User, in accordance with the provisions of section (iii) below.

(iii) Refund of the price of the products to the User

Provided that the User has followed the procedure established in this section and the requirements established therein have been met, LA ENCOMIENDA will reimburse the price paid by the User for the returned products. In the event that the return is made in exercise of the User’s right of withdrawal described in section (i), LA ENCOMIENDA will not pay or pay the return expenses and / or costs.

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

Partial returns of an order will give rise to the refund of the price corresponding to the product or products actually returned.

LA ENCOMIENDA will manage the order to return the price through the same payment system used by the User for the acquisition of the products, within a period of thirty (30) days from the collection of the returned order and once LA ENCOMIENDA has verified that the Products subject to return meet the requirements established in sections (i) and (ii) above. The application of the refund of the price in the User’s account will depend on the bank.

 

The contracting of web tasting courses foresee specific execution date / s, therefore, under the provisions of art. 103 l) of Royal Legislative Decree 1/2007, of November 16, in no case will a right of withdrawal be applicable to the consumer.

 

Modification of the General Conditions

LA ENCOMIENDA reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Conditions. Users will always have these General Conditions in a visible place, freely accessible for any queries they want to make. Users undertake to read these General Conditions carefully each time they access the store on the Website. In any case, the acceptance of the General Conditions will be a previous and indispensable step to the contracting of any product available through the Website.

 

Communications between LA ENCOMIENDA and the User

All communications between LA ENCOMIENDA and the User regarding these General Conditions or the acquisition of products through the Website, will be made in writing and in accordance with the communication procedures established in these General Conditions for each particular case.

For the rest of cases that are not expressly regulated in these General Conditions, the communications that the User intends to send to LA ENCOMIENDA will be addressed to the LA ENCOMIENDA address indicated in the First Condition and will be made in writing and through a system that allows accrediting the content and reception by LA ENCOMIENDA of the corresponding communication.

 

Integrity of the General Conditions

These General Conditions, the Privacy Policy and the Legal Notice constitute the express and sole will of LA ENCOMIENDA and the User in relation to its object and invalidate and replace any other agreements or contracts, verbal or in writing, reached by the parties with anteriority.

 

Partial nullity

In the event that any Clause of these General Conditions is declared void, it will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in these General Conditions.

 

Applicable Law and Jurisdiction

These General Conditions are governed and interpreted in accordance with Spanish law.

In the event that any type of discrepancy or claim occurs between the parties in relation to compliance or the content of these General Conditions, the parties agree to submit the decision of the matter raised to the competent Courts and Tribunals in accordance with the legislation applicable.