To process an order in the online store BODEGAS FEDERICO, S.L.U. it will be essential to accept the following terms and conditions:
1. IDENTIFICATION
The General Terms and Conditions of Contract contained in this document are applicable to all commercial transactions carried out through the online store https://bodegasfederico.es/vinos/, whose owner is BODEGAS FEDERICO, S.L.U., with CIF B47460035 and with address at Calle Regaderillas, 20, 47315, Pesquera de Duero (Valladolid).
The company is registered in the Mercantile Registry of Valladolid, Volume 916 folio 34 section 8 page VA-11825.
For the purposes of these General Terms and Conditions of Contract, you can contact us by phone 983870193 and/or send an email to: tienda@bodegasfederico.es
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
The rights relating to industrial and intellectual property (including but not limited to: trademarks, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained in the online store are https://bodegasfederico.es/vinos/ property of BODEGAS FEDERICO, S.L.U. or of the companies representing and manufacturing the products offered. Therefore, they are subject to intellectual and industrial property rights protected by Spanish and international legislation.
Without the prior written authorisation of BODEGAS FEDERICO, S.L.U. or, where appropriate, the representative or manufacturer of the product that owns the rights, it is not permitted to use, reproduce, transmit, manipulate, or make any use that exceeds a normal and necessary use for visiting the website and using the services offered.
Access to the products supplied does not imply by BODEGAS FEDERICO, S.L.U. the waiver, transmission or total or partial transfer of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written authorisation of the respective holders of said rights. without prejudice to the right to view and obtain a private backup copy of such content, provided that said right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the holder of such rights remains unaltered, is used for non-commercial purposes and exclusively for the user’s personal information.
The responsibility derived from the use of materials protected by intellectual and industrial property rights contained in this page will correspond exclusively to the user.
3. PURPOSE AND ACTIVITY
BODEGAS FEDERICO, S.L.U. through its online store https://bodegasfederico.es/vinos/ is dedicated to the sale and distribution of wine.
4. UPDATING OF THE WEBSITE REGARDING CONTRACTING
BODEGAS FEDERICO, S.L.U. reserves the right to make modifications and updates to its products, prices, promotions and other conditions contained on the website.
BODEGAS FEDERICO, S.L.U., within its means, ensures that the information offered on the website is truthful and appears without typographical errors. In the event of any typographical error, beyond the control of BODEGAS FEDERICO, S.L.U., it will be corrected immediately. If it happens that a customer decides to make a purchase based on an error of this type, BODEGAS FEDERICO, S.L.U. will immediately inform them of said error, and both parties may rescind the purchase at no cost as long as the existence of said error is justified.
5. LANGUAGE AND DURATION OF CONTRACT. MINIMUM AGE OF EMPLOYMENT
Regardless of the possible translations of the General Terms and Conditions of Contract, the official language of the contract will always be the Spanish version.
The duration of the contract is understood to mean all the phases between the request for the initial order until the actual delivery of the products ordered from BODEGAS FEDERICO, S.L.U. and the full payment of the agreed price by the customer.
According to article 1263 of the Civil Code, unemancipated minors and incapacitated persons may not enter into distance purchase contracts without the express consent of their parents or guardians.
By accepting these General Terms and Conditions of Contract, the Client declares that they are of legal age (at least 18 years old) and have the legal capacity to purchase the products offered through our website and that they understand and understand the conditions in their entirety.
In accordance with the provisions of the Spanish national and regional law, the sale and dispensing of alcoholic beverages/tobacco products to minors under 18 years of age is prohibited. Consequently, BODEGAS FEDERICO, S.L.U. will not accept as customers users who cannot prove that they are of legal age. In the event that you are a resident outside of Spain, your order will receive the tax treatment in accordance with the tax and tax treaty between your country of residence and Spain. In addition, you must comply with all laws of your country regarding the importation and consumption of such products. We also inform you that according to Spanish and EU regulations, there may be certain limitations and/or prohibitions on the shipment and delivery of alcohol products outside the territory of the European Union.
6. LEGAL WARRANTY AND AFTER-SALES SERVICE
As a consumer, the customer of our Online Store has, in addition to the rights described herein, all legal rights under Spanish and European law relating to the sale of consumer goods. We inform you that these legal rights can never be affected by these ‘General Terms and Conditions of Contract’.
In the case of defective products, we inform you that, in accordance with current regulations, BODEGAS FEDERICO, S.L.U. must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for you. BODEGAS FEDERICO, S.L.U. is liable for any lack of conformity that manifests itself within a period of THREE (3) years from delivery.
In this regard, a lack of conformity is understood to exist when:
- The product does not conform to the description made by the seller and does not have the qualities that the seller has presented to the consumer and user in the form of a sample.
- The product is not suitable for the uses for which products of the same type are ordinarily intended.
- The product is not suitable for any special use required by the consumer and user and has brought it to the attention of the seller having admitted that the product is suitable for that particular use.
- The product does not have the usual quality and performance of a product of the same type that the consumer and user can reasonably expect from the nature of the product and its characteristics informed in the advertising and labelling.
Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the TWO (2) years after the delivery of the product already existed when it was delivered. The consumer and end user must inform the seller of the lack of conformity as soon as possible from the moment of detection. Failure to comply with this period will not entail the loss of the corresponding right to remediation, and the consumer will be liable, however, for any damages or losses effectively caused by the delay in communication and due to the continued use of the good by the consumer once the lack of conformity has been detected.
We also inform you that we have a customer service that attends to all the doubts and queries of our customers about our products, orders, etc… You can contact us by calling the 983870193 from 10:00 a.m. to 2:00 p.m. and from 4:00 p.m. to 6:00 p.m. from Monday to Friday and/or by sending an email to: tienda@bodegasfederico.es
7. ACCURACY OF PRODUCT DESCRIPTION
Although it is our commitment to optimize the accuracy of any information regarding the characteristics, qualities, images, etc. of the products published in our online store, BODEGAS FEDERICO, S.L.U. does not expressly guarantee the total accuracy, reliability or completeness of said information that could sometimes be altered by differences in the configurations of the different types of browsers used to access our online store.
In any case, if the customer considers that the product purchased does not correspond exactly to the item shown in the catalogue of our online store, they may return it according to the deadlines and manner described here (see section ‘Returns and Cancellations’) without being able to claim anything else in terms of damages or prejudices.
8. HOW TO BUY
By consulting our website you can find out about our products by accessing our online store using the ‘online store’ icon on the front page of the website. Once inside our online store, you can find out about our products, their qualities, packaging and prices by accessing the various categories of products that appear on the menu. To select the desired product we must access its file by clicking on its price. Once, within the product sheet we can find out about the characteristics of the product and select quantity. The total price of the selected item(s) is then displayed and we can add it to the shopping cart using the ‘Add to my cart’ option. Once the selection is complete, in the next step of ‘Products in your Cart’, you can review the status of your cart (selected product, desired units, unit price, taxes to be added, subtotal and total purchases) and/or modify its contents, as well as “continue shopping”. When you consider the selection process finished, continue to the next Step “Place the order”, having completed the mandatory fields marked for the management and delivery of the order, after declaring that you are over 18 years of age and accepting the privacy policy and the general conditions of sale.
9. PAYMENT METHODS
(i) Payment by bank transfer and (ii) Payment by credit/debit card is accepted.
The person responsible for any transaction with payment cards through this payment gateway is BODEGAS FEDERICO, S.L.U.
10. TRANSACTION SECURITY
https://bodegasfederico.es/vinos/ uses generally accepted information security techniques 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 purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
Any contracting process or that involves the introduction of personal data (health, ideology, etc.) will always be transmitted by means of a secure communication protocol (HTTPS://) in such a way that no third party has access to the information transmitted electronically.
11. SHIPPING AND DELIVERY
BODEGAS FEDERICO, S.L.U. undertakes to deliver the products purchased by the User to the address indicated by the User for this purpose in the order form. In the event of omission or error in the completion of said data, BODEGAS FEDERICO, S.L.U. is not responsible for the inconveniences caused and the reshipment costs derived will be borne by the User. Under no circumstances will shipments be made to post office boxes and/or call centres.
Shipments will be made only within the territory of mainland Spain and the Balearic Islands, through a courier company. BODEGAS FEDERICO, S.L.U. reserves the right to vary the type of sending and the company by which it is made, regardless of what is stated on these pages and provided that it does not involve a manifest detriment to the User.
The order placed by the User will be delivered to the destination within a maximum period of 2 to 4 working days from the working day following the confirmation of the order for mainland destinations and for the Balearic Islands from 3 to 5 working days, from the working day following the confirmation of the order, with the exception of orders paid by bank transfer, in which case the period will be calculated from the issuance via email of the confirmation of receipt of the payment to the account of BODEGAS FEDERICO, S.L.U.
The responsibility for the items is ours until the receipt of the shipment by the customer, except in the event that the customer expressly chooses a different form of shipment from the one proposed by BODEGAS FEDERICO, S.L.U. in which case our responsibility would end at the time of collection of the shipment from our warehouse.
In the event that force majeure does not allow the delivery of the order within the established period, BODEGAS FEDERICO, S.L.U.. undertakes to inform the User as soon as possible of the new scheduled delivery date, and in this case, BODEGAS FEDERICO, S.L.U. is released from the commitment indicated in the previous section.
If the courier company is unable to make the delivery because it cannot find a person to receive the shipment at the indicated destination, the courier itself will provide instructions to the User to agree on a new delivery date.
At the time of receipt, the User must check that the order coincides in quantity and type of product with what was ordered. If there is any discrepancy, the user must follow the instructions in sections 7. ‘ACCURACY OF PRODUCT DESCRIPTION’ and 12. ‘REFUNDS AND CANCELLATIONS’ of these Terms.
For the purposes of our General Terms and Conditions of Sale, it shall be understood that the “delivery” of the product has been carried out at the time when you or a third party indicated by you acquires physical possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
Depending on the delivery method selected by the customer, there will be shipping costs that will always be added to the final price of the purchase. However, the Customer will always be informed of the associated shipping costs before confirming their order. The acceptance of the ‘General Terms and Conditions of Contract’ will always imply the acceptance of the shipping costs by the customer.
We inform you that the shipping costs are:
- For Spain (mainland): 6.95€
- For the Balearic Islands: check shipping prices with BODEGAS FEDERICO by sending an email to: tienda@bodegasfederico.es
- For orders for an amount equal to or greater than seventy euros (€ 70.00) destined for Spain (peninsula) no shipping costs will be charged.
12. RETURNS AND CANCELLATIONS
Right of Withdrawal
We inform you that in accordance with current regulations on distance shopping, you have a period of 14 calendar days, from the date of delivery of the Consumer Goods, to return them in the event that for any reason you are not satisfied with your order (According to art.68-79 and art.102 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).
In order for you to exercise your right of withdrawal from the purchase, all returned products must be in perfect condition and protected with their initial packaging, or, failing that, in packaging that offers the same or greater conditions of protection for the product. Otherwise, BODEGAS FEDERICO, S.L.U reserves the right to refuse the return or impute to the customer the damage due to the defective protection of the product during its shipment to our warehouse.
In any case, the customer will be responsible for the decrease in value of the returned goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of said goods.
We inform you that all personalised items, goods that may deteriorate or expire quickly, sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery and other cases contemplated in current regulations are strictly excluded from the right of withdrawal from purchase.
To exercise your right of withdrawal, you can contact us using the contact details that appear in the ‘Cancellation of Purchases’ section below. Likewise, if you wish, you can exercise your right of withdrawal by sending it to us by email to tienda@bodegasfederico.es , or by post to Calle Regaderillas, 20, 47315, Pesquera de Duero (Valladolid).
Attention to (sales- BODEGAS FEDERICO, S.L.U)
Name of the consumer(s):……………………………………………….
Order No.: ……………………………………………….
Order receipt date: …………………… of………. of 20….
Consumer Address:……………………………………………………………………………………………………
Consumer Phone (optional):…………………
Consumer Email (optional):…………………
CP:……………………..
Locality:……………………………………………………….
Province:……………………
In ……………………………………………., the ………………. of ……………………..of 20…..:
Signature (only if submitted on paper):
We inform you that in the event that you exercise your right of withdrawal, the return shipping costs will be borne by you, although in no case may these costs be different from the shipping costs of the initial order.
Reimbursement
The refund period is 14 calendar days from the notification of withdrawal, although this will not be made until once the items have been received and it has been verified that the user has not carried out a manipulation other than that necessary to establish the nature, characteristics and operation of the articles.
Refunds will be made through the same payment method in which the purchase was made and in the shortest possible time from the receipt and approval of the withdrawal request by BODEGAS FEDERICO, S.L.U.
Purchase Cancellation
The user can cancel the purchase process as long as it has not been processed in its entirety. In order to ensure that the customer cancels this cancellation, it is advisable to immediately contact BODEGAS FEDERICO, S.L.U. by sending an email to: tienda@bodegasfederico.es or by calling the 983870193 telephone number.
13. DATA PROTECTION
General. In compliance with the provisions of current regulations on the Protection of Personal Data, we inform you that your personal data will be processed by BODEGAS FEDERICO, S.L.U., in its capacity as data controller for the purpose of administrative, commercial and fiscal management of orders placed through our online store as well as commercial actions derived from the management of our customers.
We inform you that in compliance with current regulations on the protection of personal data, your data will be communicated to the courier companies and other transport companies that will carry out the home delivery service on our behalf. Similarly, our hosting and maintenance providers of our online store may potentially have access to your data. Our company will take all necessary measures to ensure compliance with current regulations on the protection of data on our customers’ data by our suppliers.
Likewise, we inform you that unless legally required or with your express consent, BODEGAS FEDERICO, S.L.U. You will not transfer your data to third parties other than those identified herein.
You have the right to obtain confirmation as to whether BODEGAS FEDERICO, S.L.U. is processing your personal data. You therefore have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary, as well as to exercise the other rights set out in the GDPR (EU) 2016/679 and/or request additional detailed information on our data protection policy by sending an email to: e-mail: tienda@bodegasfederico.es
You can also consult additional information about the processing of your personal data through our website: https://bodegasfederico.es/politica-de-privacidad/
Legal scope of use of customer email addresses. Customers, by registering as such and purchasing our products, will receive promotions by e-mail, as well as newsletters on new products. This service is subject to the provisions of Article 21.2 of Law 34/2002, on Information Society Services and Electronic Commerce, amended by Law 32/2003, of 3 November, General Telecommunications, which authorises the sending of commercial communications electronically when there is a previous contractual relationship and products or services similar to those that were the subject of the contract are advertised. However, all commercial communications sent by BODEGAS FEDERICO, S.L.U. will be clearly identifiable as such through the reference “advertising” at the beginning of the body of the message and will identify BODEGAS FEDERICO, S.L.U. as the entity responsible for the delivery. Each shipment will provide a simple and free means for the recipient to unsubscribe from the commercial communications system by e-mail.
- NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective
- GOVERNING LAW.
Commercial transactions carried out with BODEGAS FEDERICO, S.L.U. are subject to Spanish legislation.
Laws applicable to the matter:
- Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
- Law 7/2017, of 2 November, which incorporates Directive 2013/11/EU of the European Parliament and of the Council, of 21 May 2013, on alternative dispute resolution for consumer disputes, into Spanish law.
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and Law 32/2003, of 3 November, on Telecommunications.
- Law 7/96, of 15 January, on the Regulation of Retail Trade (L.O. 2/1996, of 15 January, Complementary to the Regulation of Retail Trade, Law 47/2002, of 19 December, amending Law 7/1996 and Law 1/2010, of 1 March, amending Law 7/1996)
- Law 7/1998 on General Contracting Conditions.
- General Regulation EU 2016/679 on the Protection of Personal Data and on the Free Movement of Data.
- Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantees of Digital Rights.
- Any applicable legal provisions.
In the event of a conflict or disagreement in the interpretation or application of these General Terms and Conditions of Contract, the Courts or Tribunals that hear the matter will be those provided for in the applicable regulations on jurisdiction. However, the consumer is informed that in accordance with article 52.3 (”Territorial jurisdiction in special cases”) of Law 1/2000, of 7 January, on Civil Procedure, when the rules of territorial jurisdiction on the general jurisdiction and special cases are not applicable to disputes arising from the exercise of individual actions by consumers or users, the court of his domicile or the corresponding court in accordance with Articles 50 and 51 of the aforementioned Law shall have jurisdiction, at the choice of the consumer or user.
In the event that the buyer is domiciled outside Spain, both parties will submit to the Courts and Tribunals of Valladolid (Spain).
- OBLIGATION FOR ENTREPRENEURS TO PROVIDE INFORMATION ON ACCREDITED ALTERNATIVE DISPUTE RESOLUTION ENTITIES IN CONSUMER MATTERS (art.40, Law 7/2017, of 2 November)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be used in any case of discrepancy, conflict, etc. between the consumer and our business. Access to this online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/.
The online dispute resolution platform can only be used by consumers residing in the EU. For more information about the process you can consult the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
- SENDING INVOICES AND OTHER INFORMATION DERIVED FROM THESE GENERAL CONDITIONS OF SALE.
With the acceptance of these General Conditions of Sale and in compliance with the provisions of Article 23. ‘Validity and effectiveness of contracts entered into electronically’ of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that all information derived from this contract, including any invoicing derived from the transactions carried out and contracted through the use of this site, will be carried out by electronic means, although you may indicate at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in that format. You can request it by contacting our customer service, through any of the means made available to you and free of charge.