Conditions

The General Terms and Conditions regulate the distance selling relationship between COMAS CALLS VINATERIA SL and the user or client, in accordance with the legal provisions, in particular, Law 7/1998, of April 13, on General Terms and Conditions, Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

COMAS CALLS VINATERIA SL reserves the right to make any changes it deems appropriate to the General Conditions without prior notice. These changes may be made through its websites by any legally admissible means and will be binding for as long as they are published on the website and until they are validly modified by subsequent ones. However, COMAS CALLS VINATERIA SL reserves the right to apply, in certain cases, Specific Contract Conditions in preference to these General Conditions when it deems appropriate, announcing them in a timely manner.

Users will be subject to the Conditions in force at the time they make each contract.

The purpose of the website is online sales.

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.

As a user or customer, you expressly declare that you know, understand and accept the conditions of use and these general contract conditions. Likewise, you declare that you are of legal age, or emancipated minor, and have the legal capacity and the ability to act necessary to access the websites of COMAS CALLS VINATERIA SL and to contract through them.

The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/

To purchase our products, you can go to the corresponding section of our online store.

You can register as a user of the website to make the online purchase in the corresponding section on the website itself. In accordance with the applicable and current regulations on data protection, COMAS CALLS VINATERIA SL informs users that the personal data collected during the registration process and subsequent purchase will be incorporated into the processing system owned by COMAS CALLS VINATERIA SL, for the purpose of processing such actions by the user and managing subsequent actions derived from them.

In accordance with the rights conferred by current data protection regulations, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of your personal data, as well as the consent given for the processing thereof, by sending your request to the address mentioned above or to the email address MACANALETA@LAVINATERIA.NET. You may contact the competent Control Authority to submit any claim you consider appropriate (For more information, see the website's privacy policy).

All content on the website is in English.

The customer, upon receiving the product at the delivery address provided, will receive an invoice or copy of the order.

Offer and validity

In the case of a product on offer, the offer price and validity of the offer will always be indicated along with its essential characteristics.

In compliance with current regulations, COMAS CALLS VINATERIA SL offers information on all items for sale, their characteristics and prices. However, COMAS CALLS VINATERIA SL reserves the right to withdraw, replace or change the products offered through its website, by simply changing the content of the same. In this way, the products offered at any time through the website will be governed by the General Conditions of Contract in force in each case. Likewise, COMAS CALLS VINATERIA SL will have the right to stop offering, without prior notice and at any time, access to the aforementioned products.

Essential characteristics of the products

The products offered in our online store include a photograph and the essential characteristics of the same, this is the information obtained from the manufacturer itself. The colors in which the product is available are identified in the product characteristics.

Guarantees

COMAS CALLS VINATERIA SL is responsible for any lack of conformity of all products offered on the website for a period of three years from delivery.

In accordance with the General Law for the Protection of Consumers and Users, defects that appear during the first 2 years in new products are understood to be of origin, that is, they already existed at the time of delivery, unless the company can prove that the defect was caused by misuse.

COMAS CALLS VINATERIA SL has an after-sales service during the indicated period. The customer may contact the COMAS CALLS VINATERIA SL establishment, the after-sales service, by email at MACANALETA@LAVINATERIA.NET or the points established by the supplier itself. In case of doubt, you can contact the customer service telephone number 972864660 or by email at MACANALETA@LAVINATERIA.NET.

If you receive perishable products in poor condition or expired, please contact MACANALETA@LAVINATERIA.NET. It is essential to follow the storage instructions specified on the packaging itself, as well as observing the expiration date, keeping the proof of purchase in any case.

Prices

All products indicate the sale price in euros and do not include Value Added Tax (VAT), however, the user will be allowed to view the full final price before placing the order.

If any other tax is applicable, this will be indicated (IGIC or IPSI).

Shipping methods and delivery times

LaVinateria.net reserves the right to vary the type of shipping and the company by which it is carried out, regardless of what is stated on these pages and provided that it does not cause manifest harm to the customer.

Attention:

In no case will shipments be made to post office boxes.

In the case of payment by bank transfer, no order will be sent until we receive bank confirmation of the transfer.

a) Delivery points:

If you live near our store in Hostalric, you can pick up your order and save on shipping costs. You only have to select this option when indicating the delivery address for your order. It's that easy.

b) Shipments to Spain and Portugal:

Our commitment is to deliver to the carrier on the same day the order is placed, for all orders placed before 12:00 noon from Monday to Friday, provided they are in stock.

c) Delivery times:

- 2 to 4 working days for shipments to the Peninsula and the Balearic Islands.

- 4 to 7 working days for shipments to all of Europe (Germany, France, Italy, Belgium, Holland, Luxembourg, Austria and Denmark)

Deliveries are not made on Saturdays, Sundays and public holidays.

All deliveries are delivered to your home, with a standard, economical service, with delivery during the day, from 8:00 a.m. to 7:00 p.m., Monday to Friday and without prior notice, so we recommend providing an address where there is always someone, during the day, to receive the delivery.

If the carrier tries to deliver the package and there is no one to receive it, they will leave you a note with a telephone number that you can call to request, if possible, a new delivery attempt, or to arrange collection at their warehouse.

If there is no one to receive it on a second delivery, they will leave you a note again of the second delivery attempt. From then on, your order will remain at the transport agency's office for 10 days. After these days have elapsed, your order will be returned to our warehouse.

When you receive your package, you must:

1. Check the conformity of the goods received at the time of delivery.

2. Please indicate any anomalies you see in the package on the delivery note, stating your reservations and including your signature.

3. Transport providers do not allow the return of goods if the customer opens them in their presence, but you can check the box from the outside and if you detect that the box is damp or wet, do not accept the order. The transport company will notify us of the incident and we will proceed to send a new shipment at no cost to you.

Delivery and transport costs

The prices applied for transport are added at the end of the order and vary according to the weight and destination. Transport prices include transport and insurance. Transport rates can be consulted in the same cart, there is a "Transport" section that varies depending on the weight of the cart. The number of bottles corresponding to each weight is approximate, it varies depending on the wines in the order.

Approximate weight of bottles:

- 75cl bottles: 1.6 Kg

- Magnum 150cl: 3 Kg.

- Double Magnum 300cl: 6 Kg

COMAS CALLS VINATERIA SL is not responsible for possible customs charges. The transport companies are GLS, TIPSA and REDUR.

Payment methods

The customer may pay the amount of their order by choosing any of the payment methods accepted by COMAS CALLS VINATERIA SL, indicating their choice during the purchase process.

We have the following payment methods: Bank transfer and Credit card.

These payment systems are 100% secure and manage data in an encrypted manner. LaVinateria.net does not know or store your card or account details in any database, since all operations are carried out on these platforms and they tell us whether the payment has been made or not.

a) Transfer

If bank transfer is selected as the payment method, you will receive an email with the confirmation of your order indicating the information necessary to make the bank transfer in the name of COMAS CALLS VINATERIA S.L.

It is very important to indicate in the subject "order no. Xxxx", as well as your name and surname, and to make the transfer within a maximum period of seven days from the order being placed.

The order will not be considered effective until we have bank confirmation of the transfer. Please remember that you must make the payment in EUROS (€) and that any exchange and bank fees will be your responsibility when choosing this payment method.

b) Credit card

The virtual POS is a device designed to work in a completely secure manner within the Internet sales operation. All transactions carried out through the Virtual POS will have all the guarantees of security, confidentiality and integrity for the participating agents: cardholders, their issuing entities and our store.

The transactions will be carried out in real time, so that the authorization of the operation is communicated to the store and the customer at the time. Subsequently, the payment is made to the store's account. This system incorporates the latest electronic commerce protocols developed by VISA and MasterCard, which are 3D Secure (Verified by Visa) and SPA / UCAF. These protocols allow the identification of the buyer who uses his card as a means of payment in a virtual store.

Order fulfillment

COMAS CALLS VINATERIA SL undertakes to deliver the order within the following time frame:

- 2 to 4 working days for deliveries to the Peninsula and the Balearic Islands.

- 4 to 7 working days for deliveries to all of Europe (Germany, France, Italy, Belgium, Holland, Luxembourg, Austria and Denmark)

The availability of the products offered by COMAS CALLS VINATERIA SL may vary depending on customer demand. Although COMAS CALLS VINATERIA SL updates the stock periodically, the product requested by the customer may be out of stock at that time.

In the event of non-fulfillment due to unavailability, COMAS CALLS VINATERIA SL will notify the customer as soon as it becomes aware of this situation, by email or through the contact method provided. The period of this communication will in no case exceed the stipulated time for delivery of the order. In these cases, when COMAS CALLS VINATERIA SL does not have, nor cannot have, the product within the stipulated period for delivery of the order, it may give the customer two possible solution options:

1) Supply the customer, without increasing the price, a product with similar characteristics or of superior quality.

2) Proceed to the refund of the amounts paid by the buyer due to the cancellation of the order.

Right of withdrawal

The buyer will have a period of fourteen calendar days to withdraw, from the day the customer receives the product, without any penalty and without indicating the reasons.

The customer must return the products subject to withdrawal without any undue delay and in any case no later than within 14 calendar days from the date on which their decision to withdraw is communicated.

The refund of the amount corresponding to the withdrawal will be made within a period of 14 calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated, and provided that the goods or products subject to withdrawal have been previously received.

The user is informed that he/she will only be liable for any decrease in the value of the goods resulting from handling them other than that necessary to establish their nature, characteristics or functioning.

The right of withdrawal must be exercised by means of notification via telephone to 972864660, by sending an email to MACANALETA@LAVINATERIA.NET, by sending a letter to our postal address POMPEU FABRA 4,17450 HOSTALRIC (GIRONA), or by using the withdrawal form.

Returns

COMAS CALLS VINATERIA SL will be responsible for collecting the product.

COMAS CALLS VINATERIA SL will be responsible for the costs of returning the product. You must return the product within 14 days from the date of delivery of the order and the products must meet the following conditions:

Orders can be cancelled free of charge until the time the shipment is made. If we receive a cancellation notice once the package has already been sent, it will be considered a return.

To make a return, you have a period of 14 days from the date of delivery of the order and the products must meet the following conditions:

a) They must not have been opened, manipulated or exposed to inappropriate conditions.

b) They must retain their original appearance.

c) They will be returned properly protected, in their original packaging, in perfect condition.

Once we receive the goods in our warehouses and verify that all the above conditions are met, Lavinateria.net will accept the return of the product and will proceed to refund its amount according to the payment method used.

Shipping costs and return costs are the responsibility of the customer, except for those returns that arise from an error on our part or a defect in the product. In this case, LaVinateria.net undertakes to exchange the defective product for an identical one or will refund the amount. It will also be responsible for the return and subsequent shipping costs.

To make an exchange or return, it is necessary to contact us beforehand, either by email at vi.calls@lavinateria.net or by calling 972 864 660, otherwise changes or returns will not be accepted.

Return of defective product

In the event that the product is not in good condition and the causes attributable to it are not the fault of the customer, the customer will have the right to return the product, informing COMAS CALLS VINATERIA SL of the reason for the return through any of the means provided in these contracting conditions, and at no cost to the customer. This return due to defect or bad condition of the product will not be considered a right of withdrawal.

COMAS CALLS VINATERIA SL undertakes to assume the cost of the return and to replace the product with a new one in accordance with the conditions accepted at the time of sale.

In the event of an incident during transport (partial or damaged deliveries, delivery to the wrong address, loss of packages or unacceptable delays once the order has been sent), the customer has the right to a replacement shipment as soon as possible. In such eventualities, it will be essential to record the problem on the delivery note and always report the incident within the time limits established by each transport agency (often, just 24 hours after delivery). If reshipment is not possible or if the product does not arrive on time, the customer will be entitled to a refund for products not received in perfect condition as well as a proportional part of the shipping costs.

Refund of payment

The refund of the amounts paid by the customer will be made using the same payment methods used by the customer, provided that nothing else has been arranged.

COMAS CALLS VINATERIA SL will pay the amounts paid by the customer within 14 calendar days from the date of receipt of the right of withdrawal.

Except in the case where the entity has offered to collect the goods itself, in sales contracts, the entity may withhold reimbursement until it has received the goods, or until the consumer and user has presented proof of the return of the goods, depending on which condition is met first.

Complaint

If the user wishes to file a complaint, they must contact MACANALETA@LAVINATERIA.NET by email or in writing to the address POMPEU FABRA 4,17450 HOSTALRIC(GIRONA). COMAS CALLS VINATERIA SL also has official complaint forms available to consumers and users.

Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr

Jurisdiction

Likewise, COMAS CALLS VINATERIA SL reserves the right to file any civil or criminal actions it deems appropriate for the improper use of its website and content or for failure to comply with these conditions. The relationship between the user and the provider will be governed by the regulations in force and applicable in Spanish territory. If any dispute arises, the parties may submit their conflicts to arbitration or resort to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard.

ADVERTISING COMMUNICATIONS BY ELECTRONIC MEANS

The sending of commercial communications or advertising by electronic communication, including messages sent by email, SMS, MMS or other equivalent systems, is regulated by Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, in its article 21.1. Therefore, in order to send commercial communications, it will be necessary to obtain the prior and express consent of the interested party, without distinction between natural and legal persons.

The recipient must be provided with an easy and free method to be able to exercise the right to object. Likewise, it should be noted that the sending of commercial communications to those natural or legal persons from whom data has been obtained from sources accessible to the public, or by acquiring a list, must take into account the prohibition established in article 21.1 of the aforementioned Law and, as a consequence, the prior and express consent of the recipients will be required.

Once the data collection has been completed through the corresponding form, and if the data is processed for the sending of commercial communications or advertising by electronic communication, the following considerations must be taken into account:

- When sending advertising, you must identify the content of the message, so that the recipient can discard the message without having to read its content.

- The nature of what we send must be clearly identifiable.

- A simple and free system must also be offered so that the recipient can revoke their consent.

- In the event that the recipient's data has been obtained from sources accessible to the public, you must also inform the recipient of the origin of the data in each communication you send.

- When sending electronic communications to several recipients at the same time, you must take into account that this action must be carried out with a blind carbon copy (BCC).

- In each communication, you must provide the user with a means or channel to revoke consent.