General conditions of online sale
Art. 10 LSSI: www.bodegasaltun.com is an internet domain owned by BODEGAS ALTÚN, S.L. with registered address at Avenida de las Piscinas, s/n (Baños de Ebro-Araba/Álava), CIF no. B01356039. The company is registered in the Commercial Register of Araba/Álava, Sheet VI-9578 Volume 1108 Folio 148.
This Legal Notice regulates the use of said domain.
Furthermore, BODEGAS ALTÚN, S.L. warns that both the contents and services of this website and the conditions of use themselves may be modified without prior notice.
OBJECT AND SCOPE OF APPLICATION
These General Conditions aim to regulate the contractual relationship of purchase and sale between Bodegas Altún S.L. (hereinafter, Bodegas Altún) and you (hereinafter, the Customer), concerning all transactions made in the online store of Bodegas Altún. The purchase and sale contract involves the delivery, in exchange for a determined price publicly exposed through our website, of a specific product or products. Bodegas Altún is a Spanish company, with registered office at Calle Las Piscinas 30, 01307 Baños de Ebro, Álava, Spain, and VAT number B01356039. It is registered in the Mercantile Registry in Volume 1108, Folio 148, Sheet VI-9578 Sheet BIS Inscrip 1.
Any incident, complaint, or claim related to a purchase made through the website must be communicated to the email address: email@example.com.
The range of products available on the Bodegas Altún website will have Spain as its geographic scope, including the Peninsula, the Islands, Ceuta, and Melilla.
The sale of alcoholic beverages to minors under 18 years of age is expressly prohibited. During the process, the Customer declares and confirms to be over 18 years of age and, in any case, to have reached the legal minimum age for the purchase and consumption of alcoholic beverages in the location where they are located. If the Customer falsifies this declaration and acquires any of the products offered without meeting this requirement, they assume exclusively all the legal consequences that may arise.
3. ACCEPTANCE AND PROOF OF ACCEPTANCE
The acquisition of products is made through the BUY button and implies the complete and express acceptance of the General Conditions at the time of the acquisition of the products, without the novelties that may arise in these Conditions after the acquisition being applicable. Once these General Conditions have been expressly accepted, Bodegas Altún will send the Customer a confirmation of the order placed, with all its terms, within 24 hours, through the email address that you have provided for this purpose. In the event that the Customer requires an invoice in their name, it must be indicated at the time of placing the order. This invoice will be sent together with the product or products purchased, as well as in PDF format to the email address provided in the purchase process.
In the event that the Customer makes an error when sending the data, they can modify it through the email address firstname.lastname@example.org.
If the modified data refers to the delivery postal address of the product requested by the Customer, as long as the product has not been sent, the shipment will be made to the new address indicated.
If it refers to any other data, the Customer must wait for the delivery to be made and subsequently initiate the appropriate return procedures, established in section 5.4 Withdrawal.
4. RIGHT OF NON-ACCEPTANCE
Bodegas Altún may cancel any confirmed order or not accept an order placed for the following reasons: technical and/or typographical error in the prices or in the rest of the data of the products contained on the website; lack of availability; when the security systems indicate that the order may be fraudulent; when there are reasons to indicate that the Customer is under 18 years of age; when Bodegas Altún has not been able to deliver the order to the address provided by the Customer; in case of error in payment; and, in case of any force majeure event outside Bodegas Altún’s control. In these cases, Bodegas Altún will fully refund the amounts that have been paid through.
5. PRICES, METHOD OF PAYMENT, DELIVERY AND CANCELLATION
The prices applicable to each product are those indicated on the website on the date the order is placed, expressed in EUROS, including all of them the Value Added Tax (VAT), along with other taxes that may correspond to it. These prices, unless expressly stated otherwise, do not include insurance or shipping costs or any other additional services and annexes to the purchased product.
Offers will be properly marked and identified as such, conveniently indicating the previous price and the offer price.
Bodegas Altún reserves the right to make the modifications it deems appropriate on the website at any time and without prior notice, and may update products and services daily based on the market.
The corresponding shipping costs will be indicated in the processing of the order.
5.2) Method of payment
After the confirmation of the order by the Customer, they must proceed with the payment of the indicated amount.
The form of payment will be by credit card. Payment by card means making the payment directly to the Bank through a secure payment gateway.
In order for Bodegas Altún to carry out the appropriate procedures, the Customer will notify Bodegas Altún, as soon as possible, of any improper or fraudulent charge by email email@example.com or by calling 945 60 93 17.
Deliveries are made to the address that the Customer indicates when placing the order within a maximum period of 4 working days for deliveries on the Peninsula, for products in stock. The delivery of the product will be made from Monday to Friday, excluding holidays in the destination location.
Likewise, Bodegas Altún is exempt from responsibility in cases of non-compliance with the delivery period in shipments to islands or abroad due to causes beyond the carrier’s control (delays by airlines, maritime companies, carriers, loading and/or unloading, etc.).
In general, the domain owner excludes their liability for damages of any nature and kind that may arise from the use of the website, as well as damages arising from the infringement of Intellectual and Industrial Property rights by users and/or the lack of truthfulness, accuracy, and timeliness of the content, and responsibilities for service interruption, inadequate operation, or impossibility of access to the service cannot be demanded.
The domain owner will not be responsible for damages caused by the presence of viruses or any other harmful software that may cause alterations in the user’s computer system.
The website, including but not limited to its programming, designs, logos, text, and/or graphics are the property of the provider or, where appropriate, have a license or express authorization from the authors.
Regardless of the purpose for which they were intended, total or partial reproduction, use, exploitation, distribution, and commercialization require prior written authorization from the domain owner.
The user undertakes not to carry out any act against the author’s intellectual or industrial property rights.
The provider expressly authorizes third parties to directly redirect to specific contents of the website, always redirecting to the provider’s main website.
Bodegas Altún guarantees the Customer the possibility of canceling their order at any time, as long as the cancellation is made prior to the order being made available to the carrier for shipment, without justification and without imposing any penalty.
Otherwise, they must wait to receive the order to process the return, the deadline for withdrawal being 14 business days from the date of receipt of the product. The Customer will inform Bodegas Altún of their desire to exercise the right of withdrawal of the contract by email to firstname.lastname@example.org within the stipulated period.
The returned order must be delivered together with the delivery note and, where appropriate, the invoice issued by Bodegas Altún, with the return costs being the responsibility of the Customer. The products can be returned as long as they have not been manipulated and retain their original seal or packaging.
After verifying the condition of the product, the amount will be refunded using the same payment method used by the Customer. The refund will be made as soon as possible, but during periods of high activity, the refund may take between 7 and 15 business days to be processed.
If a product other than the one requested by the customer is delivered by Bodegas Altún by mistake, the correct product will be delivered, with Bodegas Altún collecting the first one, without any additional charge to the Customer.
If a product has arrived at the customer’s home broken, damaged, or in poor condition, Bodegas Altún will take care of collecting it at their home, replacing it with another in good condition, without additional charges.
For any claim or inquiry, you can contact us through the following email address: email@example.com.
6. FORCE MAJEURE
If, due to force majeure circumstances, a product is not available after the purchase has been made, Bodegas Altún will inform the Customer by email of the total or partial cancellation of the order. The partial cancellation of the Partial cancellation of the order does not entitle the total cancellation, without prejudice to the right of withdrawal that corresponds to the Customer, in accordance with the provisions of section 5.4 Withdrawal. Bodegas Altún is not responsible for delays in the delivery of orders or the impossibility of carrying them out when the cause is due to events of force majeure. Among other causes, events of force majeure are understood: accidents, strikes, fires, meteorological causes, natural disasters such as storms, earthquakes, epidemics, problems unrelated to Bodegas Altún in means of transport or telecommunication systems.
Once the cause of impossibility or delay ceases, Bodegas Altún will do everything possible to resume its commercial activities and be able to comply with its obligations and shipments.
The language in which the contract between Bodegas Altún and the Customer will be perfected will be Spanish.
8. RESPONSIBILITIES OF BODEGAS ALTÚN
Bodegas Altún guarantees the quality of the service contracted through the website. All the rights that current legislation guarantees to consumers and users are guaranteed. The non-compliance with any of these General Conditions may give rise to the return of the products purchased by the Customer.
9. CUSTOMER RESPONSIBILITIES
The Customer undertakes to make lawful use of the Products, without contravening current legislation, or injuring the rights and interests of third parties. The Customer guarantees the truthfulness and accuracy of the data provided when filling out the contracting forms, avoiding causing damage to Bodegas Altún due to the incorrectness of the same.
10. PERSONAL DATA
Our Data Protection Policy complies with Spanish and European legislation on the Protection of Personal Data, in particular, with Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016 (General Data Protection Regulation or GDPR) and with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (Organic Law on Data Protection or LOPD). Bodegas Altún informs that the data provided by the Customer through email, web forms or in the purchase process will be incorporated into a file for processing in order to maintain the current contractual relationship, as well as, if accepted in the purchase process, for sending advertising and offers of products that may be of interest in the future. The legal basis for the processing of this data is the establishment of the contractual relationship between the parties. In this way, the collection of data provided by the Customer is carried out for specific, explicit and legitimate purposes and, in no case, will be used for purposes other than those for which they were collected.
The collected data is stored as long as the commercial interest persists, in accordance with the principles of confidentiality and in accordance with appropriate technical and organizational measures, and will not be transferred to people or entities other than Bodegas Altún, except in those cases where such transfer to third parties is legally permitted without the prior consent of the interested party.
Bodegas Altún also informs the Customer that he/she may exercise his/her rights of access, rectification, deletion, opposition, limitation of processing, portability, as well as any others specified in the applicable legislation, through a written document addressed to the person in charge of the file firstname.lastname@example.org attaching a copy of his/her National Identity Document.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these objectives, the Customer agrees that Bodegas Altún obtain data for the purpose of the corresponding authentication of access controls.
12. APPLICABLE CALENDAR
Deadlines and references to business days or working days are understood to be made with reference to the National Labor Calendar of Spain, in general, and Álava, in particular.
13. JURISDICTION AND APPLICABLE LAW
In case of conflicts in the interpretation or application of these contractual conditions, in the case of end consumers, according to the applicable regulations, the Courts of the place of fulfillment of the obligation or those of the buyer’s domicile will be competent. However, if the Customer has their domicile outside of Spain, Bodegas Altún and the Customer expressly waive any other forum, submitting themselves to the Courts and Tribunals of Álava (Spain). In the case of a sale made by a company, both parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Álava (Spain).