This contract will govern the General Terms and Conditions for products and services (hereinafter “Conditions”) provided through the enoturismo.pagodecarraovejas.com website owned by GO DE CARRAOVEJAS. SLU, hereinafter “PROVIDER”, whose contact details also appear in the Legal Notice for this website.
These Terms and Conditions may be modified at any time. It is the responsibility of the USER to read them regularly, because those that are in force at the time an order is made will be applicable.
Contracts will not be subject to any formality except for those specifically indicated in the Civil and Commercial Code or in any other special law.
By accepting this document, the USER confirms that he/she:
- Has read and understands what is contained herein.
- Has sufficient capacity to enter into a contract.
- Assumes all the obligations detailed herein.
These terms and conditions will remain valid indefinitely and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER hereby informs that the company is responsible and is aware of the legislation in force in the countries to which it delivers its products and reserves the right to modify the terms and conditions unilaterally, without this having any effect on good or promotions acquired prior to the modification.
Identity of the contracting parties
Firstly, the PROVIDER of the products or services contracted by the USER is PAGO DE CARRAOVEJAS. SLU, with registered offices in CAMINO DE CARRAOVEJAS, S/N – 47300 PEÑAFIEL (Valladolid), Tax ID Nº B-47089677 and customer/USER service telephone nº 983878020.
And secondly, the USER, registered on the website by means of a username and password for which he/she is fully responsible with regard to use and safe-keeping, as well as being responsible for the accuracy of the data given to the PROVIDER.
Objective of the contract
The objective of this contract is to regulate the contractual relationship for sale and purchase arising between the PROVIDER and the USER when the latter confirms acceptance during the online contracting process in the corresponding box. The contractual relationship for sale and purchase will be in exchange for a specific product or service published through the website at a certain price.
The USER will name his/her name and contact details and is hereby informed that in accordance with Article 27 of Law 34/2002 governing Information Company Services and Electronic Commerce (LSSICE), the procedure for contracting will be as follows:
- General clauses governing contracting.
- Right of renunciation
- Force majeure
- General conditions for the offer
- Price and period of validity for the offer
- Method of payment, costs and discounts
- Purchasing process
- Guarantees applicable
- Guarantees and refunds
- Applicable law and jurisdiction
1. GENERAL CLAUSES GOVERNING CONTRACTING
Unless expressly stipulated in writing, it is understood that when an order is made to the PROVIDER by a USER the latter accepts these terms and conditions. No stipulations made by the USER may differ from those of the PROVIDER unless they have been previously accepted in writing by the PROVIDER.
2. RIGHT OF RENUNCIATION
The USER has the same rights and deadlines to return and/or complain about any possible error or defect in the product or service provided, both for online and for offline sales.
The USER has a maximum of fourteen calendar days, starting from the date the product is received, to return the article (Article 71 of Law 3/2014, of 27 March). Except where the product is returned due to a defect, the delivery costs involved will be the responsibility of the USER. The product should be returned in its original packaging and in perfect condition and, in the case of a service, on the day it is activated and/or downloaded.
The right of renunciation will not be applicable in the following cases:
- If the product is not returned in perfect condition
- If the product’s packaging is not the original or if it is not in perfect condition. The original packaging should protect the product so that it is received in perfect condition, and the use of adhesive seals and tapes directly applied to this packaging is expressly forbidden.
- When the product has been opened and it cannot be proven that it has not been used.
- When it concerns software applications that have been downloaded directly from the website or unsealed by the USER after physical delivery.
- When it concerns personal products, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014, of 27 March.
- When it concerns the supply of products whose price depends on fluctuations in the financial market that the PROVIDER does not control and that could occur during the period of renunciation.
- When it concerns the supply of products created in accordance with specifications provided by the USER or that have been clearly customised.
- When it concerns the supply of perishable goods or with an early expiry date.
All returns should be notified to the PROVIDER with a request for a reference number using the form provided for this purpose, or by e-mail to email@example.com, confirming the corresponding invoice or order number.
Once the USER has received the reference number for the return, he/she should return the product to the PROVIDER, including this number in the package, with transport costs to be paid by the latter, to the registered offices of PAGO DE CARRAOVEJAS SLU. at CAMINO DE CARRAOVEJAS, S/N – 47300 PEÑAFIEL (Valladolid).
Any complaint which the USER may consider appropriate will be dealt with as quickly as possible, and the following contact details are provided:
Post address: PAGO DE CARRAOVEJAS SLU, CAMINO DE CARRAOVEJAS, S/N – 47300 PEÑAFIEL (Valladolid)
Resolution of Online Disputes
In accordance with Article 14.1 of EU Regulation 524/2013, the European Commission provides a platform with free access for the resolution of online disputes between the USER and the PROVIDER, with no need to resort to legal tribunals and which involves a third party, called the Dispute Settlement Body, which acts as an intermediary between the two parties. This body is neutral and undertakes a dialogue with both parties with a view to reaching an agreement and may finally suggest or impose a solution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
4. FORCE MAJEURE
The parties will not be responsible for any incident due to force majeure. Compliance with any obligation will be postponed until the force majeure has been resolved.
The USER may not relinquish, transfer or transmit the rights, responsibilities or obligations resulting from a sales contract. If any stipulation included in these terms and conditions were to be considered void or impossible to comply with, the validity, legality and compliance of the remaining conditions would not be affected nor would they be subject to any modification whatsoever. The USER declares to have read, understood and accepted these Terms and Conditions in their entirety.
6. GENERAL CONDITIONS FOR THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Terms and Conditions. No modification, change or pact contrary to the commercial proposal by PAGO DE CARRAOVEJAS S.L.U. or to that stipulated herein, will be effective, unless it is expressly confirmed in writing by the PROVIDER and in this case these special conditions will prevail.
Given the continuous technical progress and improvements relating to the products, the PROVIDER reserves the right to modify their specifications with regard to the information provided in their advertising, providing this does not affect the value of the products offered. These modifications would also be valid if, for any reason, the possibility of supplying the products offered were to be affected for any reason.
7. PRICE AND PERIOD OF VALIDITY FOR THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or any other tax that may be applicable. Unless otherwise specified, these prices include costs for delivery, handling, packaging, delivery insurance and for any other additional or supplementary services for the product or service purchased. The prices applicable to each product are those published on the website and are expressed in EUROS. The USER understands that the value published for some of the products may vary in real time. Before completing the purchase, all the details regarding the order may be checked online: Articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total price for the purchase. Prices may change on a daily basis until the order is made. Once the order has been made, the prices remain the same whether or not there is availability.
All amounts paid to the PROVIDER result in the issue of an invoice in the name or corporate name of the registered USER that was given when the order was made. This invoice will be sent together with the product purchased, as well as in PDF format to the e-mail address provided by the USER.
For any information regarding the order, the user may contact the PROVIDER’s customer service by telephone on 983 878 020 or by sending an e-mail to firstname.lastname@example.org.
8. METHOD OF PAYMENT, COSTS AND DISCOUNTS
The PROVIDER accepts the following methods of payment for the order:
Credit Card: No discounts or charges will be applied.
Transfer: No discounts or charges will be applied.
The website uses industry standard IT security techniques such as firewalls, access control procedures, and encoding mechanisms, all for the purpose of preventing unauthorised access to data. For this purpose, the user/client accepts that the provider should obtain the data to undertake the corresponding authentification of access controls. The PROVIDER undertakes not to accept any transaction that is or may be considered to be illegal by the credit card provider or the bank involved or that may have the potential to damage their good will or have a negative effect on them.
The following activities are prohibited under the programmes used by credit card issuers: The sale or offer of a product or service that does not comply with the laws applicable to the Purchaser, Issuing Bank, Business or Credit Card holder.
9. PURCHASING PROCESS
Purchase summary (simulated budget)
Through enoturismo.pagodecarraovejas.com a purchase simulation can be made for Enotourism services. This will only display the articles, the quantity, the price and the total amount. Once the simulation has been completed, any applicable taxes, charges or discounts will be calculated in accordance with the data introduced.
The purchase summary has no administrative purpose, it is just a section where budget may be simulated that is not binding on either party.
A purchase summary may be used to make an order by taking the following steps to complete it:
- Verification of invoicing data.
- Verification of the participants’ data.
- Selection of the payment method.
- Completing the order (purchase).
Once the order has been processed, the systems immediately sends an e-mail and an SMS to the USER with a code to verify the order and which needs to be entered in the form to validate the purchase.
Orders (requests for a purchase)
The Enotourism department will contact the client by telephone and/or e-mail to verify the payment method within a maximum of 48 hours on working days. This call/e-mail will include a reminder that the payment method can be by transfer and/or credit/debit card.
10. GUARANTEES APPLICABLE
All the services offered through the website are completely original, unless otherwise indicated in the description. They are guaranteed for two years, in accordance with the criteria described in Royal Legislative Decree 1/2007, of 16 November, which approved the modified text for the General Law for the Defence of Users and Consumers and other complementary legislation.
11. GUARANTEES AND REFUNDS
The guarantee applicable to the products offered corresponds to the following articles base on Royal Legislative Decree 1/2007, of 16 November, which approved the modified text for the General Law for the Defence of Users and Consumers and other complementary legislation:
Article 114. General Principles. The seller is obliged to deliver products to the consumer that are in accordance with the contract, and be responsible to him/her for any defect that there may be at the time the product is delivered.
Article 115. Scope of application.
- The scope of application includes sales-purchase contracts for products and contracts for the supply of products to be produced or manufactured.
- The provisions under this article will not be applicable to products sold by court order, to water or to gas, when they are not packaged for sale in a defined volume or fixed quantity, neither will they be applicable to second-hand products acquired at an administrative auction where consumers and users may attend in person.
Article 116. Products in accordance with the contract.
- Unless proven otherwise, the products will be understood to be in compliance with the contract providing they meet all the requirement detailed below, unless the particular circumstance in the case of any of them render them not applicable:
- They match the description made by the seller and have the qualities presented by the seller to the consumer or user in the form of a sample or model.
- They are suitable for the uses usually assigned to these products.
- They are suitable for any special use by the consumer or user when the seller has been informed of this when the contract was made, providing they seller has acknowledged that the product is suitable for such use.
- They have the quality and performance that can usually be expected by the consumer or user for a product of the same type, taking into account the characteristics of the product, and where applicable, any public statements regarding the specific features of the products made by the seller, the manufacturer or their representatives, especially with regard to advertising. The seller will not be under obligation with regard to these statements if it can be shown that he/she was unaware of them or that he/she could not reasonably be expected to be aware of the statement in question, if the statement had been corrected when the contract was made or if this statement could not have influenced the decision to purchase the contract.
- Lack of compliance that comes as a result of a product being incorrectly installed will be equivalent to non compliance of the product when installation is included in a sales/purchase or supply contract as regulated under Article 1 and has been undertaken by the seller or under his/her responsibility, or by the consumer or user when the incorrect installation was due to an error in the instructions for installation.
- Responsibility for non compliance will not be applicable when the consumer or user was aware or could not reasonably have been unaware of the problem when the contract was made or when the problem originated in materials supplied by the consumer or user.
Article 117. Incompatibility of actions. The exercise of actions in this regard will be incompatible with actions taken as a result of remedial measures taken due to hidden defects in the sale/purchase. In any case, in accordance with civil and commercial legislation, the consumer or user will be entitled to compensation for damages arising from lack of compliance.
Article 118. Seller responsibility and rights of the consumer or user. The consumer or user has the right to have the product repaired or replaced, to a reduction in the price or to the termination, in accordance with the provisions of this section.
Article 119. Repair and replacement of the product.
- If the product is not in compliance with the contract, the consumer or user may choose between demanding the repair or the replacement of the product, unless one of these two options is objectively impossible. From the moment the consumer or user notifies the seller of the option selected, both parties are obliged to stand by this. This decision by the consumer or user is understood to be without prejudice to the following article in cases where the repair or replacement do not result in the product being in accordance with the contract.
- The method of remediation will be considered to be unreasonable when, compared to the other, it creates unreasonable costs for the seller, taking into account the value of the product if there were no incompliance, the significance of the incompliance and of the alternative method of remediation could be undertaken causing no significant problems to the consumer or user.
For the costs to be considered unreasonable, the costs involved in one method of remediation should be considerably higher than those corresponding to the other method of remediation.
Article 120. Legal basis for the repair or replacement of the product. Repair and replacement will be governed by the following rules:
- They will be cost-free for the consumer and this includes any costs required to correct the inconformity of the products with the contract, with special mention for delivery costs and those relating to labour and materials.
- The work should be completed within a reasonable period of time and with no inconvenience to the consumer or user, taking into account the nature of the products and the use to which they will be put by the consumer or user.
- Repair postpones the calculation of time limits referred to in article 123. The postponement period will begin when the consumer or user puts the product at the disposal of the seller and ends when the repaired product is delivered to the consumer or user. The seller will be responsible for errors in conformity for six months after the repaired product has been returned, and it will be understood to correspond to the same error of conformity when errors of the same type as those initially detected are reproduced.
- If the product is still not in compliance with the contract after it has been repaired and returned, the consumer or user may demand the replacement of the product, unless this option is disproportionate, a reduction in the price or the termination of the contract under the terms provided for in this chapter.
- Replacement postpones the time limits referred to in article 123 from the moment the option is taken by the consumer or client to the delivery of the new product. In any case, article 1, paragraph 2 will apply to the replacement product.
- If the replacement product is still not in compliance with the contract, the consumer or user may demand the repair of the product, unless this option is disproportionate, a reduction in the price or the termination of the contract under the terms provided for in this chapter.
- The consumer or user may not demand replacement in the case of non consumable products or when second-hand products are involved.
Article 121. Price reduction and termination of the contract. A price reduction or termination of the contract will be appropriate, at the choice of the consumer or user, when the latter is unable to choose repair or replacement and in cases where this has not been completed in a reasonable time and without significant inconvenience for the consumer or user. Termination will not be applicable where the inconformity is of minor importance.
Article 122. Criteria for a reduction in price. A reduction in price will be proportional to the difference between the value the product would have had if it had been in compliance with the contract when it was delivered and the value the product delivered effectively had when it was delivered.
Article 123. Deadlines.
- The seller is responsible for any incompliance that appears within two years after delivery. In the case of second-hand products, the seller and the consumer or user may agree a shorter time which may not be less than one year after delivery. Unless proven otherwise, it will be understood that incompliances that appear within six months after the delivery of the product, be it new or second-hand, already existed when the product was delivered, except when this assumption is incompatible with the nature of the product or the type of incompliance.
- Unless proven otherwise, delivery is understood to have taken place on the date that appears in the invoice or purchase ticket, or in the corresponding delivery note if this was later.
- The seller is obliged to provide a consumer who exercises his/her rights to repair or replacement with documentary justification of delivery of the product. This should include the date of delivery and the incompliance that was the reason for exercising this right. In the same way, together with the repaired or replaced product, the seller will provide the consumer with documentary justification for delivery of the product confirming the date of delivery and, where applicable, details of the repair made.
- The right to demand action regarding compliance in accordance with chapter II of this section expires three years after the delivery of the product.
- The consumer or user should inform the seller of any incompliance within two months of it coming to his/her attention. Not meeting this deadline will not involve losing the right to the corresponding remedial action, but the consumer or client will nevertheless be responsible for any damages they may effectively result from this delay in notification. Unless proven otherwise, it will be understood that the notification was made by the consumer or user within the established deadline.
Article 124. If the consumer or user is unable or it is too difficult to address the seller with regard to the product’s incompliance with the contract, he/she may address the manufacturer directly with a view to having the product replaced or prepared. In general terms, and without prejudice to the fact that the manufacturer’s responsibility may have expired, with regard to this issue and under the same terms and conditions as for the seller, the manufacturer will be responsible for the incompliance when this involves the origin, identity or suitability of the products, in accordance with their characteristics and purposes and the regulations by which they are governed. Whoever responded to the consumer or user will have one year to make a claim against whoever was actually responsible for the incompliance. This deadline will be calculated from the time the remedial action was completed.
12. APPLICABLE LAW AND JURISDICTION
These terms and conditions will be governed or interpreted in accordance with Spanish law unless expressly established otherwise. The PROVIDER and the USER agree to submit any differences that may arise in the provision of the products or services that are the object of these Terms and Conditions to the courts and tribunals corresponding to the home address of the USER.