1. Purpose and general
These General Terms and Conditions of Business (hereinafter referred to as the "General Terms and Conditions"), together with any special conditions that may be established, regulate the conditions of purchase of products through the websitewww.cvne.com(hereinafter referred to as the "Web Site" or the "Portal"), owned by Compañía Vinícola del Norte de España S.A.. (hereinafterCVNE), with C.I.F. B-83546119, registered in the Mercantile Registry of Vitoria (Álava), Volume 1177, Folio 105, Page VI-10475, Inscription 111, whose registered office is located at Ctra.Logroño - Laguardia km.4.8 01300 Laguardia (Alava).
The use of the services of the Website, as well as the acquisition of any of the products offered, implies the acceptance by 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 entails that your data as User will become part of the files of CVNE, and its treatment will be 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 their acquisition through the Web Site. The persons 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 CVNE subsequently communicates through the Web Site.
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, unless previously agreed in writing between the following parties CVNE and the User. Consequently, the User who accesses the Website, registers and purchases products through the Portal agrees to be bound by the General Conditions, the Legal Notice and the Privacy Policy as they are drafted at the time of accessing the Website.
Any User who registers to the Website must be at least eighteen (18) years old, which is the minimum legal age to purchase/consume alcoholic beverages.
2. Product information
Photographs, graphical or iconographic representations and videos relating to the Products of the CVNE, the purpose of the information contained in the Web Site, as well as trade names, trademarks or distinctive signs of any kind contained in the Web Site, is to provide as much information as possible, however, the User must bear in mind that they are for guidance purposes and, consequently, they are not exhaustive in nature.
The sale of these products will be made to private individuals. CVNE reserves the right to decide, at any time, the products offered to Users through the Portal. Thus, CVNE may at any time add new products to those included in the Portal, it being understood, unless otherwise provided, that such new products shall be governed by the provisions of the General Conditions that are in force at that time.
Likewise, CVNE 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 force majeure circumstances, a product is not available after the purchase has been made, CVNE 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 entitle the User 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.
3. Product purchasing system
To proceed with the purchase of the product, the registered User or guest, who must enter the date of birth and be over eighteen (18) years of age, must select the product he/she wishes to purchase and add it to the Shopping Cart. Once the selection of products to be purchased has been completed, the User may continue shopping or click on the "Go to checkout" icon. Next, the products selected for purchase will be indicated and the User will have to select between the shipment of the products to the address entered in his registration data (being able to choose between any of the addresses contained in his registration data). Finally, the user must click on the icon "Confirm my order"
The user name, e-mail address and password provided to CVNE are identifying and enabling elements to access and make purchases and are personal and non-transferable. The User's name, password and e-mail address may be modified, in which case the modified password, User's name and/or e-mail address will lose their validity.
Once the purchase process is completed CVNE will send to the email address provided by the User, an email confirming receipt of the order within twenty-four (24) hours after the order has been 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 User the corresponding invoice within thirty (30) days from the execution of the purchase.
In the case of purchase of personalized wines ("CUSTOMIZE YOUR CUNE") by inserting a customer file on the corresponding label, the Customer expressly undertakes to insert and reproduce images in compliance with current intellectual property regulations, having all the necessary rights to that effect, and, therefore, scrupulously refraining from reproducing images protected by third party copyrights.
In case of inserting photographs of natural persons for personalized labeling, you declare for all appropriate legal purposes, that in addition to the fact that the images comply with the provisions of the preceding paragraph, you have all the consents and sufficient legal permissions to capture and reproduce their image.
Likewise, the Client knows and accepts that CVNE expressly reserves the right not to personalize bottles with labels that are contrary to good taste, custom, the law, or which, in any way, in the sole judgment of CVNE, may damage the image of the company CVNE, its wines and its brands. In the event of any of these cases, the amounts paid will be reimbursed within a maximum period of 5 working days.
4. Product pricing
The prices of the products offered through the Website include all applicable taxes. The shipping costs of the products at the expense of the buyer, will be detailed and broken down in the "Your Cart" section of the Website.
CVNE reserves the right to modify the prices reflected on the Website at any time. The products will be invoiced at the price in force reflected on the Website, at the time of registration of the order.
5. Payment of products
The payment of the price of the purchased goods and the shipping costs, which will appear on the screen, may be made by credit or debit card and by other payment systems indicated from time to time on the Web Site.
To proceed with the payment, the User must follow the instructions that appear on the screen depending on the chosen payment system.
As an electronic payment system, CVNE is attached to the e-commerce payment gateway. All data provided for this purpose are encrypted under the protocol CyberpacEasy to ensure their maximum safety.
The User shall notify CVNE, through orders@cvne.com any undue or fraudulent charges to the account provided for purchases on the Web Site, in the shortest possible time, in order that CVNE may take any steps it deems appropriate.
6. Delivery of products
Peninsular Spain and Balearic Islands:
CVNE undertakes to deliver the products purchased by the User in the purchase process in the shortest possible time, and in any case, within five (5) working days from the date of placing the order. The delivery will be made at the address indicated for this purpose in the registration process in the Online Store CVNE, products will not be delivered to post office boxes or call shops.
During delivery, in case you are not at home, the carrier will contact you to arrange a second delivery.
If, after the period of time that has elapsed, the CVNE and the corresponding agency enables the delivery and collection of the product, the user is not available, the products will be returned to CVNE and the User shall bear the shipping and return costs, as well as any associated handling fees.
CVNE shall not be liable for any 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.
Other Destinations:
The maximum order for those European countries where we can sell the product according to the applied legislation will be 24 bottles. The prices reflected on the web are only valid in the Peninsula and Balearic Islands, for other countries please consult prices on +34 91 628 93 80 or writing to pedidos@cvne.com.
Shipping service to the Canary Islands, Ceuta and Melilla is currently not available.
7. Product returns
(i) Right of withdrawal
In accordance with the provisions of the Royal Legislative Decree 1/2007 of November 16, 2007, which approves the Revised Text of the General Law for the Defense of Consumers and Users, the customer has a return period of fourteen calendar days from receipt of the goods.
This right cannot be exercised when there are indications that the products have been opened, manipulated or exposed to unsuitable conditions. It is mandatory to return the products properly protected, in their original packaging, in perfect condition for subsequent sale.
Except for the above, no exchanges or returns of our products are allowed unless you receive an erroneous or defective order. In the event that the order arrives damaged or broken it must be communicated in the delivery note. For any other incident please contact us within 24 hours from the reception of the order by phone +34 91 628 93 80 or by writing to orders@cvne.com. We will proceed with the return or replacement (if applicable) as soon as possible within 30 days after you receive our confirmation email.
In any case, in the event of cancellation of the purchase, the following requirements must be met:
1) The product must be in the same condition in which it was delivered and must retain its original packaging and labeling.
2) The return to CVNE 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 inside the package, indicating the returned products and the reason for the return.
Returned orders should be sent to the following address CVNE, 6, San Mario Street, 20041, Madrid. The User will assume the return shipping costs in case of exercise of the right of withdrawal.
(ii) Return of defective products
Without prejudice to any other rights that may apply, the User shall be entitled to reimbursement 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 shall be entitled to claim, and be delivered, an equal product, in perfect condition.
In the event of a refund to CVNE of defective products or products that do not correspond to your order, this must be done by the User through the procedure set out in paragraph (i) above, although the User, in this case, shall not bear the costs of returning such products.
Provided that the User has followed the procedure set forth in section (i) above and the requirements set forth in this section have been met, CVNE will reimburse the price paid for returned products that are defective or do not correspond to the product order placed by the User, as set forth in paragraph (iii) below.
(iii) Reimbursement of the price of the products to the User
Provided that the User has followed the procedure set forth in this section and the requirements set forth therein have been met, CVNE will reimburse the price paid by the User for the products returned. In the event that the return is made in exercise of the User's right of withdrawal described in paragraph (i) above, the User shall be entitled to a refund of the price paid by the User for the products returned CVNE will not pay or bear the costs and/or expenses of return.
The User shall not be entitled to reimbursement of the price of returned products that are not in the same condition in which they were delivered, or the requirements set forth in these General Conditions have not been met.
Partial returns of an order will result in the reimbursement of the price corresponding to the product(s) actually returned.
CVNE will manage the order for the refund of the price through the same payment system used by the User to purchase the products, within thirty (30) days from the collection of the returned order, and once the order has been received CVNE has verified that the products being returned meet the requirements set forth in paragraphs (i) and (ii) above. The application of the price refund to 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 configuration of the Web Site, as well as the General Conditions. The Users will always have these General Conditions in a visible place, freely accessible for as many consultations as they wish to make. Users undertake to read these General Conditions carefully each time they access the Web Site store. 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 Web Site.
9. Communications between CVNE and the User
All communications between CVNE and the User relating to these General Conditions or to the purchase of products through the Web Site, shall be made in writing and in accordance with the communication procedures set forth in these General Conditions for each particular case.
For all other cases not expressly regulated in these General Terms and Conditions, the communications that the User intends to send to CVNE will be directed to the address of CVNE the documents shall be in writing and by means of a system that allows for proof of content and receipt by CVNE of the corresponding communication.
10. Integrity of the General Conditions
These General Terms and Conditions, the Privacy Policy and the Legal Notice constitute the express and sole will of CVNE and the User in connection with its subject matter and supersedes and replaces any other agreements or contracts, oral or written, reached by the parties previously.
11. Partial nullity
In the event that any Clause of these General Conditions is declared null and void, it will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in these General Conditions.
12. Applicable Law and Jurisdiction
These General Conditions are governed by and construed in accordance with Spanish law.
In the event of any type of discrepancy or claim between the parties in relation to the fulfillment or 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 applicable legislation.