GENERAL TERMS AND CONDITIONS OF SALE
INTRODUCTION
These General Terms and Conditions of Sale govern the purchase of products through the website www.remirezdeganuza.com (the “Website”) and constitute a legally binding agreement between you (the “Customer”) and:
BODEGAS REMÍREZ DE GANUZA, S.L. (“BODEGAS REMÍREZ DE GANUZA”)
Registered office: Calle Constitución, 1, 01037 Samaniego (Álava), Spain
Tax Identification Number (C.I.F.): B20303103
Tel.: 945 60 90 22
Fax: 945 62 33 35
CUSTOMER SERVICE
bodegas@remirezdeganuza.com
PRESS
Helena Vaello, Marketing and Communications Manager
helenavaello@remirezdeganuza.com
Tel.: 658 491 755
By purchasing products through the Website, you expressly accept the Legal Notice, Terms of Use and Privacy Policy of the Website, as well as these General Terms and Conditions of Sale, in their version applicable at the time of purchase.
We therefore recommend that you read these General Terms and Conditions carefully before placing an order and each time you access the Website. BODEGAS REMÍREZ DE GANUZA reserves the right to amend, update, add to or remove any provision of these General Terms and Conditions at any time.
APPLICABLE LEGISLATION
These General Terms and Conditions are governed by Law 7/1998, of 13 April, on General Contracting Conditions; Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary legislation; Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce; and, on a supplementary basis, the Spanish Civil Code and Commercial Code.
TERMS AND CONDITIONS
The purchase of products through the Website is subject to the following terms and conditions:
1. CUSTOMER REPRESENTATIONS
The Customer represents and warrants that:
They are of legal age and have full legal capacity to enter into a purchase contract, and that they have read and accepted all the terms and conditions available on the Website.
All information provided in connection with the purchase is true, accurate and complete.
They have reviewed and confirmed the order placed, including the products selected, quantities, billing details and delivery details.
2. ACCESS TO THE WEBSITE
Access to and use of the Website is the responsibility of the user.
3. PURCHASES THROUGH THE WEBSITE
3.1. The products offered through the Website are sold by BODEGAS REMÍREZ DE GANUZA, S.L.U. Sales transactions shall be deemed to have been concluded at the registered office indicated at the beginning of these General Terms and Conditions. The purchase of products through the Website is restricted to registered users.
3.2. The characteristics of the products offered through the Website and, where applicable, their nature, identity, qualities, composition, quantity, origin or provenance, and production or manufacturing method are those specified on the relevant product page.
To the fullest extent permitted by applicable law, the Customer acknowledges that BODEGAS REMÍREZ DE GANUZA shall have no obligation or liability in respect of services that it does not directly provide.
Product photographs displayed on the Website are for illustrative purposes only. The appearance of the products supplied may differ from the photographs shown on the Website.
3.3. The Customer must expressly accept these General Terms and Conditions before placing an order. The contract may be concluded in Spanish or in any other language made available on the Website. In the event of any discrepancy or inconsistency between the Spanish version and any translated version of these General Terms and Conditions, the Spanish version shall prevail.
3.4. Once the Customer has selected the products they wish to purchase, the ordering process shall be completed as follows:
Shopping basket: The Customer will be shown a summary of the products included in the order.
Confirmation of details: The Customer may enter their delivery and billing details or log into their account, where their contact details may already be stored.
Place order: Once the delivery and billing details have been confirmed, the Customer will select the available delivery method and may add any comments relating to the order. At this stage, the Customer must expressly accept these General Terms and Conditions.
Payment: After accepting the General Terms and Conditions and the Privacy Policy and clicking the “Place order” button, the Customer will be redirected to the relevant payment gateway.
Order confirmation: Once the order has been successfully processed, a confirmation email will be sent to the email address provided by the Customer.
The order confirmation email will contain a summary of the order details. If the Customer identifies any error in the order, they must notify BODEGAS REMÍREZ DE GANUZA immediately.
4. PRICES AND PAYMENT
4.1. The price of each product or service shall be the price expressly stated on the relevant page at the time the Customer places the order. Unless otherwise expressly stated, all prices displayed on the Website are retail prices and include VAT at the applicable rate (21%). All transactions shall be carried out in euros (EUR), irrespective of the Customer’s country of origin.
4.2. The accepted payment method is payment by bank card.
4.3. The prices of the products do not include delivery charges. Any applicable delivery charges shall be those expressly indicated on the page on which the Customer places the order.
4.4. Promotions and special offers shall be valid only for the period during which they are expressly made available to the intended recipients.
5. SHIPPING AND DELIVERY
5.1. Orders placed through the Website are available exclusively for delivery within Spain. BODEGAS REMÍREZ DE GANUZA does not currently ship outside Spain. Accordingly, orders may only be placed from Spain and delivered to an address located in Spain.
5.2. The delivery methods available to the Customer are those expressly indicated on the relevant order page.
5.3. Unless otherwise stated on the order form, the estimated delivery time is between 3 and 5 business days.
The delivery times stated on the Website are estimates and are calculated in business days. Orders placed on Saturdays, Sundays or public holidays will be processed on the next business day.
The delivery period shall commence when the order leaves our warehouse. The Customer may track their order through the website of the carrier indicated during the purchasing process.
Orders paid for by bank card will be processed once the payment transaction has been authorised. Orders paid for by bank transfer will be processed once payment has been received.
5.4. If a product becomes unavailable after an order has been placed, the Customer will be notified by email of the total or partial cancellation of the order. The partial cancellation of an order due to product unavailability shall not entitle the Customer to cancel the remainder of the order.
5.5. Orders will be delivered to the address specified by the Customer at the time of purchase.
5.6. All shipments will be appropriately packaged and protected. If, upon delivery, the Customer identifies any discrepancy between the goods ordered and the goods delivered, or if the goods are visibly damaged, the Customer must record the relevant circumstances on the carrier’s delivery note.
The Customer must notify BODEGAS REMÍREZ DE GANUZA of any such issue in writing within 24 hours of delivery by email to bodegas@remirezdeganuza.com, providing as detailed a description of the circumstances as possible. Claims submitted more than 24 hours after delivery will not be accepted.
Goods that cannot be delivered for reasons not attributable to BODEGAS REMÍREZ DE GANUZA or the carrier will be returned.
If the goods have to be shipped again, the cost of the new shipment shall be borne by the Customer.
6. LEGAL GUARANTEE
In accordance with Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary legislation, Customers who qualify as consumers shall benefit from the statutory legal guarantee applicable to the products purchased.
The legal guarantee does not cover natural wear and tear or deterioration resulting from improper use of the products.
7. RIGHT OF WITHDRAWAL AND CANCELLATION
7.1. In accordance with Articles 102 et seq. of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary legislation, Customers who qualify as consumers have the right to withdraw from the contract within 14 calendar days without giving any reason.
The withdrawal period shall expire 14 calendar days after the day on which the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the goods.
To exercise the right of withdrawal, the Customer must notify BODEGAS REMÍREZ DE GANUZA of their decision to withdraw from the contract by means of an unequivocal statement (for example, by letter or email), together with the product.
The Customer may also use the model withdrawal form available on the Website, although its use is not mandatory.
Once the returned product has been received and inspected to confirm that it is in the same condition in which it was dispatched and that it retains its original packaging, the return will be accepted and the Customer will be reimbursed the price paid for the product, including the standard delivery costs (excluding any additional costs arising from the Customer’s choice of a delivery method other than the least expensive standard delivery option offered by BODEGAS REMÍREZ DE GANUZA).
The refund will be made using the same means of payment used for the original transaction, unless the Customer has expressly agreed otherwise.
The Customer shall bear the direct cost of returning the product.
7.2. The Customer may cancel any order placed. If the cancellation is received before the goods have been dispatched, no costs will be charged to the Customer. If the cancellation is made after the order has been dispatched, the Customer shall bear the shipping costs and the costs associated with returning the order.
8. SEVERABILITY
If any provision of these General Terms and Conditions is declared wholly or partially invalid, unlawful or unenforceable, such invalidity, unlawfulness or unenforceability shall affect only the relevant provision or the relevant part thereof. The remaining provisions shall remain in full force and effect.
The invalid, unlawful or unenforceable provision shall be deemed deleted to the extent necessary, without affecting the validity of the remaining provisions.
9. ACCEPTANCE
The purchase of products through the Website necessarily implies the Customer’s express acceptance of each and every one of these General Terms and Conditions, which form an integral part of the order.
10. GOVERNING LAW AND JURISDICTION
Without prejudice to the rights afforded to consumers under Royal Legislative Decree 1/2007, of 16 November, this contract shall be governed by Spanish law, excluding its conflict-of-law rules.
Any dispute arising out of or in connection with the use of the Website or the services provided through it shall be submitted to the competent courts and tribunals in accordance with applicable law.
Where legally permissible, the parties expressly submit to the jurisdiction of the courts and tribunals of Álava, with the Customer expressly waiving any other jurisdiction that may otherwise correspond to them.
ALTERNATIVE DISPUTE RESOLUTION
Consumers may have recourse to alternative dispute resolution mechanisms for consumer disputes. The European Commission provides information on such mechanisms and on accredited alternative dispute resolution bodies in the Member States through the following link:
Alternative Dispute Resolution for Consumers — European Commission
