1. Purpose and general provisions

These General Terms and Conditions of Contract (hereinafter, the “General Terms and Conditions”), together with any specific conditions that may be established, govern the conditions for the purchase of products through the website www.cvne.com (hereinafter, the “Website” or the “Portal”), owned by Compañía Vinícola del Norte de España S.A. (hereinafter CVNE), with Tax ID (C.I.F.) A48002893, registered in the Companies Register of Vitoria (Álava), Volume 1177, Folio 105, Sheet VI-10475, Entry 111, whose registered office is located at Ctra. Logroño – Laguardia km 4.8, 01300 Laguardia (Álava).

Use of the Website’s services, as well as the purchase of any of the products offered, implies the User’s acceptance, without reservation of any kind, of each and every one of these General Terms and Conditions. Registration on the Portal and use of the services means that your data as a User will become part of CVNE’s files, and will be processed in accordance with the provisions of the Privacy Policy, which the User expressly declares to know and accept.

CVNE provides information about products and offers the possibility of purchasing them through the Website. Persons wishing to purchase products must have the status of “Registered User” or “Guest User”, which is acquired by completing the corresponding registration form prior to the purchase process and following the steps that CVNE subsequently communicates through the Website.

These General Terms and 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 to the purchase of products through it, and replace any other conditions, unless previously agreed in writing between CVNE and the User. Consequently, the User who accesses the Website, registers and purchases products through the Portal agrees to submit to and be bound by the General Terms and Conditions, the Legal Notice and the Privacy Policy as drafted at the time of accessing the Website.

All Users who register on the Website must be at least eighteen (18) years of age, the minimum legal age for purchasing/consuming alcoholic beverages.

2. Product information

The photographs, graphic or iconographic representations and videos relating to CVNE Products, as well as trade names, trademarks or distinctive signs of any kind contained on the Website, are intended to provide as much information as possible; however, the User must bear in mind that they are for guidance purposes only and, consequently, are not exhaustive.

These products will be sold to private individuals. CVNE reserves the right to decide, at any given time, which products are offered to Users through the Portal. Accordingly, CVNE may at any time add new products to those included on the Portal, it being understood, unless otherwise stated, that such new products will be governed by the provisions of the General Terms and Conditions in force at that time.

Likewise, CVNE 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 force majeure, a product is not available after the purchase has been made, CVNE will inform the User by email of the total or, where applicable, partial cancellation of the order. Partial cancellation of the order does not entitle the User to cancel the entire order, without prejudice to the exercise of the right of withdrawal to which the User is entitled in accordance with the provisions of these General Terms and Conditions.

3. Product purchase system

To proceed with the purchase of the product, the registered or guest User, who must enter their date of birth and be over eighteen (18) years of age, must select the product they wish to buy and add it to the Shopping Basket. Once the selection of products to be purchased has been completed, the User may continue shopping or must click on the “Go to checkout” icon. Next, the products selected for purchase will be displayed and the User must choose delivery of the products to the address entered in their registration details (being able to choose any of the addresses contained in their registration details). Finally, the User must click on the “Confirm my order” icon.

The username, email address and password provided to CVNE are identifying and enabling elements for accessing and making purchases, and are personal and non-transferable. The username, 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 has been completed, CVNE will send a confirmation email acknowledging receipt of the order to the email address provided by the User within twenty-four (24) hours of the order being placed. The order confirmation sent by CVNE will not be valid as an invoice, only as proof of purchase. CVNE’s Customer Service Department will send the User the corresponding invoice within thirty (30) days of completion of the purchase.

In the case of purchasing personalised wines (“PERSONALISE YOUR CUNE”) by inserting a customer file into the corresponding label, the Customer expressly undertakes to insert and reproduce images in compliance with current intellectual property regulations, holding all the rights required for this purpose, and, therefore, scrupulously refraining from reproducing images protected by third-party copyright.

If photographs of natural persons are inserted for personalised labelling, the Customer declares, for all relevant legal purposes, that in addition to the images complying with the provisions of the preceding paragraph, they hold all the consents and legal permissions required to capture and reproduce their image.

Likewise, the Customer acknowledges and accepts that CVNE expressly reserves the right not to personalise bottles with labels that are contrary to good taste, custom or the law, or that, in any way, in CVNE’s sole judgement, may damage the image of CVNE, its wines and its brands. Should any of these circumstances arise, the amounts paid will be refunded within a maximum period of 5 working days.

4. Product prices

The prices of the products offered through the Website include all applicable taxes. The shipping costs of the products, payable by the buyer, will be detailed and itemised in the “Your Basket” section of the Website once the delivery address for the order has been entered.

CVNE reserves the right to modify the prices shown on the Website at any time. Products will be invoiced at the current price shown on the Website at the time the order is registered.

5. Payment for products

Payment of the price of the goods purchased and the shipping costs, which will appear on screen, may be made by credit or debit card and by other payment methods indicated at any given time on the Website.

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

As an electronic payment system, CVNE is affiliated with the e-commerce payment gateway. All data provided for these purposes is encrypted under the CyberpacEasy protocol to guarantee maximum data security.

The User must notify CVNE, via pedidos@cvne.com, of any undue or fraudulent charge to the account provided for purchases on the Website, as soon as possible, so that CVNE can take whatever action it deems appropriate.

6. Delivery of products

Mainland Spain and the Balearic Islands:

CVNE undertakes to deliver the products purchased by the User during the purchase process within the shortest possible time and, in any event, within five (5) working days from the date the order is placed. Delivery will be made to the address indicated for this purpose during the registration process in the CVNE Online Store; products will not be delivered to P.O. boxes or call shops.

During delivery, if you are not at home, the transport company will contact you to arrange a second delivery.

If, once the period established by CVNE and the corresponding carrier for the delivery and collection of the product has elapsed, the user is not available, the products will be returned to CVNE and the User must bear the shipping and return costs, as well as any associated handling costs.

CVNE shall not be liable for errors or damages caused during delivery when the delivery address provided by the User does not correspond to the delivery location intended by the User.

Other Destinations:

Shipping to the Canary Islands, Ceuta and Melilla is currently unavailable.

We ship throughout Europe, the United Kingdom and the United States. Shipping costs will be calculated depending on the destination and the weight of the order, once you have entered the shipping address. For other countries, please check prices by calling +34 91 628 93 80 or writing to pedidos@cvne.com.

7. Product returns

(i) Right of withdrawal

In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Protection of Consumers and Users (hereinafter, TRLGDCU), the customer has a period of fourteen (14) calendar days from receipt of the goods to exercise their right of withdrawal, without the need to provide any justification.

To exercise this right, the customer must notify CVNE before the expiry of the aforementioned period, by contacting pedidos@cvne.com or by means of any other unequivocal statement of their decision to withdraw from the contract.

Return conditions and deduction for loss of value:

The customer is responsible for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Consequently, CVNE reserves the right to apply a proportional deduction to the amount to be refunded, based on the loss of value identified, following an individual inspection of each returned product.

For these purposes, and given the nature of the products sold —wines and other alcoholic beverages which, once opened or consumed, cannot be reintroduced into the commercial circuit—, CVNE will apply the following criteria:

• If the product is returned unopened, in its original packaging and in perfect condition, the full amount paid will be refunded, excluding return shipping costs, which shall be borne by the customer.
• If the product shows signs of having been opened, partially or fully consumed, or has suffered damage resulting from improper handling, the loss of value is total, as the product can no longer be sold. In this case, the deduction for loss of value will be 100% of the price of the product, and therefore no refund will be issued for that item.
• If the outer packaging is damaged or incomplete but the product itself is intact, CVNE will carry out an individual assessment of the deterioration and may apply a deduction proportional to it.

The assessment of the condition of the products will be carried out on an individual basis once the return has been received, and the customer will be informed of the outcome and, where applicable, of the amount to be refunded.

In order to process a return under the right of withdrawal, the following procedural requirements must be met:

1. The product must be returned in the same condition in which it was delivered, retaining its original packaging and labelling wherever possible.
2. The return must be made using the same box or packaging used for the delivery or, failing that, a similar format that ensures the products arrive in suitable condition.
3. A copy of the proof of purchase and the delivery note must be included inside the package, indicating the products returned and the reason for the return.

Returns must be sent to: CVNE, C/ San Mario nº 6, 28041 Madrid. The shipping costs for returns made under the right of withdrawal shall be borne by the customer.

(ii) Return of defective or incorrect products

Without prejudice to any other rights to which they may be entitled, the customer shall be entitled to a full refund of the price of any products that are defective or that do not correspond to the order placed. Alternatively, the customer may request the delivery of an identical product in perfect condition.

If the order arrives damaged or broken, this must be expressly noted on the delivery note at the time of receipt. Any other incident must be reported to CVNE within 24 hours of receipt of the order, by calling +34 91 628 93 80 or writing to pedidos@cvne.com.

In these cases, the return will be processed following the procedure described in section (i) above, although the return costs shall be borne by CVNE. CVNE will refund or replace the product as soon as possible and, in any event, within 30 days of confirmation of the incident.

(iii) Refund of the price

Once the returned products have been received and their condition verified in accordance with the criteria set out in the previous sections, CVNE will process the corresponding refund using the same payment method used by the customer for the original purchase, within a maximum period of fourteen (14) calendar days.

Partial returns of an order will only give rise to a refund of the price corresponding to the products actually returned and accepted.

The customer shall not be entitled to a refund for products which, following individual inspection, show a total loss of value in accordance with the provisions of section (i), or where the procedural requirements set out in these General Terms and Conditions have not been met.

9. Communications between CVNE and the User

All communications between CVNE and the User relating to these General Terms and Conditions or to the purchase of products through the Website shall be made in writing and in accordance with the communication procedures established in these General Terms and Conditions for each particular case.

For all other cases not expressly regulated in these General Terms and Conditions, communications that the User wishes to send to CVNE shall be addressed to the CVNE address indicated in Condition One and shall be made in writing and by means of a system that provides evidence of the content and of CVNE’s receipt of the corresponding communication.

10. Entire agreement

These General Terms and Conditions, the Privacy Policy and the Legal Notice constitute the express and sole intention of CVNE and the User in relation to their subject matter and invalidate and replace any other agreements or contracts, verbal or written, previously reached by the parties.

11. Partial invalidity

In the event that any Clause of these General Terms and Conditions is declared null and void, it shall be removed or replaced. In any case, such declaration of nullity shall not affect the validity of the remaining provisions contained in these General Terms and Conditions.

12. Governing law and jurisdiction

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

In the event of any discrepancy or claim between the parties in relation to the fulfilment or content of these General Terms and Conditions, the parties agree to submit the matter in question to the competent Courts and Tribunals in accordance with the applicable legislation.