1. Object and general provisions
These General Conditions of Contracting (hereinafter the “General Conditions”), together with any particular conditions that may be established, regulate the conditions of the purchase of products through the website www.cvne.com (hereinafter the “Website” or the “Portal”), of Compañía Vinícola del Norte de España S.A. (hereinafter CVNE), with Tax Identification Code B-83546119, registered in the Mercantile Registry of Vitoria (Álava), Volume 1177, Folio 105, Page VI-10475, 111th entry, with registered office at Ctra.Logroño – Laguardia km.4.8 01300 Laguardia (Álava).
CVNE provides information on products, and offers the possibility of purchasing them through the Website. Anyone wishing to purchase products must be a “Registered User” or “Guest User”, requiring completion of the respective registration form before purchase and following the steps communicated subsequently by CVNE through the Website.
Any User registering on the Website must be at least eighteen (18) years old, the minimum legal age to buy/consume alcoholic beverages.
2. Information on products
The photographs, graphic or iconographic representations and videos relating to CVNE’s Products, as well as any trademarks or distinctive marks on the Website, are for the purposes of providing as much information as possible. However, the User must bear in mind that they are intended as a guideline and, consequently, are not exhaustive.
The sale of these products will be to private individuals. CVNE reserves the right to decide, from time to time, the products offered to Users through the Portal. Accordingly, CVNE may at any time add new products to those included in the Portal, it being understood, unless otherwise established, that such new products will be governed by the provisions of the General Conditions in force at that time.
CVNE also reserves the right to cease 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, CVNE will inform the User by e-mail of the total or, as the case may be, partial cancellation of the order. The partial cancellation of the order does not grant the right to cancellation of the entire order, notwithstanding the exercise of the User’s right to withdraw in accordance with the provisions of these General Conditions.
3. Product purchase system
In order to purchase a product, the registered or guest User, who must enter his/her date of birth and be over eighteen (18) years old, has to select the product he/she wishes to buy and add it to the Shopping Basket. Once the product to be purchased has been selected, the User may continue shopping or click on the “Next” button. The User will then be shown the products selected for purchase and must choose to have the products sent to the address provided with the User’s registration particulars, (and may choose any of the addresses contained in his/her registration particulars). Finally, the user has to click on the “Confirm Order” button.
The User name, e-mail address and password provided to CVNE are identifying and enabling elements in order to access and purchase on the website and are personal and non-transferable. The User name, password and e-mail address may be modified, in which case the previous password, User name and/or e-mail address will no longer be valid.
At the end of the purchase process, CVNE will send an e-mail confirming the order to the e-mail address provided by the User, within twenty-four (24) hours after the order was placed. The order confirmation sent by CVNE will not be valid as an invoice, only as proof of purchase. The Customer Service Department of CVNE will send the corresponding invoice to the User within a term of thirty (30) days after purchase.
In the case of purchasing personalized wines ("PERSONALIZA TU CUNE") by inserting a file of the client in the corresponding label, the Client expressly undertakes to insert and reproduce images in compliance with current intellectual property regulations, having all the precise rights to the effect, and, therefore, scrupulously refraining from reproducing images protected by copyright of third parties.
In case of inserting photographs of natural persons for personalized labeling, you declare for all appropriate legal purposes that, in addition to the images complying with the provisions of the previous paragraph, you have all the consents and legal permissions sufficient to capture and reproduce your image.
Likewise, the Client knows and accepts that CVNE expressly reserves the right not to personalize bottles with labels that go against good taste, customs, the law, or those that, in any way, in the exclusive opinion of CVNE, may harm the image of CVNE, its wines and its brands. If any of these assumptions occurs, the amounts paid will be reimbursed within a maximum period of 5 business days.
4. Prices of products
The prices of the products offered through the Website include all applicable taxes. Shipping expenses payable by the purchaser will be detailed and broken down in the “Your Basket” section of the Website.
CVNE reserves the right to modify the prices reflected on the Website at any time. The products will be charged at the current price reflected on the Website at the time the order is recorded.
5. Payment for products
Payment of the price for the purchased goods and shipping expenses, which will appear on the screen, may be made by credit or debit card, by using the PayPal system and by using other payment systems indicated on the Website from time to time.
To proceed with payment, the User must follow the instructions that appear on screen depending on the selected payment system.
As an electronic payment system, CVNE is associated to the e-commerce payment gateway. All data provided for these purposes are encrypted using the CyberpacEasy protocol to guarantee maximum security.
The User must notify CVNE, through firstname.lastname@example.org of any undue or fraudulent charge made to the account provided for purchases on the Website as soon as possible so that CVNE can take the appropriate steps.
6. Delivery of products
Spanish mainland and Balearic Islands:
CVNE undertakes to deliver the products purchased by the User as soon as possible and in any case within five (5) workingdays after the date of placing the order. Delivery will be to the address indicated for that purpose during the registration process on the CVNE Online Shop. Products will not be delivered to PO boxes or communication centres.
During delivery, if you are not at home, the transport company will contact you to arrange a second delivery.
If the user is not available after the time provided by CVNE and the transport company for delivery and collection of the product, the products will be returned to CVNE and the User will have to defray the shipping and return expenses, as well as any associated administration expenses.
CVNE will not be responsible for any errors or damages caused in delivery when the address provided by the User does not correspond to the User’s desired place of delivery.
The maximum order for the countries in Europe where we can sell the product in accordance with the applicable legislation will be 24 bottles. The prices reflected on the website only apply in mainland Spain and the Balearic Islands. For other countries please consult prices by calling +34 91 628 93 80 or by writing to email@example.com.
Shipping service to the Canary Islands, Ceuta and Melilla are not available at present.
7. Returning products
(i) Right of withdrawal
In accordance with the provisions of Royal Legislative Decree 1/2007 of 16th November approving the General Consumer and User Defence Act (Consolidating Act), customers have a term of fourteen calendar days after receiving the goods in which to return them.
This right may not be exercised when there are signs that the products have been opened, handled or exposed to unsuitable conditions. Products must be returned correctly protected, in their original packaging, in perfect condition for subsequent sale.
Except in the case described above, no changes or returns of our products are permitted unless incorrect or defective products are received. If the ordered items are delivered damaged or broken, this must be noted on the delivery note. Any other incident should be reported to us within 24 hours after receipt of the products by telephoning +34 91 628 93 80 or writing to firstname.lastname@example.org. We will refund or replace the product (as appropriate) as soon as possible within 30 days after you receive confirmation from us by e-mail.
In any case, in the event of withdrawing from the purchase, the following requisites must be met:
1) The product must be in the same condition as delivered and must conserve its original packaging and label.
2) The product is to be returned to CVNE using the same box or envelope used for delivery, or if this is not possible, a similar format that ensures the products are returned in perfect condition.
3) A copy of the proof of purchase and of the delivery note of the products must be included in the package, which must also indicate the products being returned and the reason.
Returned products should be sent to CVNE, calle San Mario 6, 20041, Madrid. The User will defray the shipping expenses for returned products if exercising his/her right of withdrawal.
(ii) Return of defective products
Notwithstanding any other rights to which the User may be entitled, the User will be entitled to a refund of the price of defective products or of products delivered that do not correspond to the products ordered by the User. As an alternative, the User will be entitled to claim delivery of an identical product in perfect condition.
In the case of the return to CVNE of defective products or products that do not match the order, the User must return the products using the procedure established in paragraph (i) above, although the User, in this case, will not have to pay the costs of returning such products.
Provided that the User has followed the procedure established in section (i) above and the requisites established in this section have been met, CVNE will refund the price paid for the returned products that are defective or do not match the order placed by the User, in accordance with the provisions of section (iii) below.
(iii) Refund of price of the products to the User
Provided that the User has followed the procedure established in his section and the requisites established herein have been met, CVNE will refund the price paid by the User for the returned products. If the products are returned under the User’s right of withdrawal described in section (i) CVNE will not pay or cover the expenses and/or costs of returning the products.
The User will not be entitled to a refund of the price of returned products that are not in the same condition as they were delivered, or if the requisites established in these General Conditions have not been met.
Partial returns of an order will give rise to a refund of the price corresponding to the product or products actually returned.
CVNE will handle the price refund using the payment system used by the User to purchase the products, in a term of thirty (30) days after collecting the returned items and once CVNE has checked that the returned products meet the requisites established in sections (i) and (ii) above. Application of the price refund in the User’s account will depend on the bank.
8. Modification of the General Conditions
CVNE reserves the right to modify, at any time and without prior notice, the presentation and layout of the Website, and these General Conditions. These General Conditions will always be available to Users in a visible place, freely accessible for consultation. Users undertake to read these General Conditions carefully every time they access the Website shop. In any case, acceptance of the General Conditions will be an essential prior step before contracting any product available through the Website.
9. Communications between CVNE and the User
All communications between CVNE and the User relating to 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 all other cases not expressly regulated in these General Conditions, any communications the User wishes to send to CVNE will be addressed to the address of de CVNE indicated in the First Condition and will be made in writing using a system that provides proof of the content and reception by CVNE of the corresponding communication.
10. Entirety of the General Conditions
In the event that any Clauses of these General Conditions is declared null and void, it will be removed or replaced. In any case, any such declaration of a null and void clause will not affect the validity of the remaining provisions set forth in these General Conditions.
12. Applicable Law and Jurisdiction
These General Conditions are governed and construed in accordance with Spanish law.
In the event of any type of discrepancy or claim between the parties in relation to the performance or content of these General Conditions, the parties agree to submit the matter to the competent Judges and Courts in accordance with applicable legislation.