TERMS AND CONDITIONS OF USE

These conditions govern orders and general sales on the website www.vinamemorias.com/shop and related addresses (hereinafter, the “Site”) of VIÑA MEMORIAS SLU (registered office at CALLE SERPIS 6,7, 46021, Valencia) with Tax ID number B16330664. These conditions may be modified, therefore we recommend reading them prior to placing each order.

Please note that the sale of alcoholic beverages to persons under 18 years of age is expressly prohibited, and we always recommend moderate consumption for greater enjoyment.

1. Purpose: Online Orders

All wines offered and accessible through the VIÑA MEMORIAS website are products originating from the VIÑA MEMORIAS Winery, produced and dispatched from our facilities. There may in any case be slight differences in visual representation between the final product delivered and the images shown in the online store, but these shall not under any circumstances affect the quality or the essential characteristics of the products as published, and therefore such visual variation may not under any circumstances constitute grounds for return.

Selection and orders placed through the online website become binding once the buyer has confirmed the order. Once payment has been validated, the order will be processed and dispatched.

Products are subject to availability. Therefore, if there are difficulties in supply or lack of stock, VIÑA MEMORIAS expressly reserves the right to inform the buyer of any substitution of the same quality and value. A refund of the amount paid would be possible in all cases where the buyer does not accept a substitution.

The order becomes binding on the buyer from the moment the order is confirmed. From the validation of payment and confirmation, the order is taken into account.

VIÑA MEMORIAS may cancel any confirmed order or refuse to accept an order placed if there are reasons indicating that the customer is underage, in the event of technical errors, lack of availability, or fraudulent purchases. In such cases, any amounts paid will also be refunded once receipt of payment has been verified.

2. Prices, Payments and Invoicing

The prices of the products are indicated in euros and include VAT.

The company reserves the right at any time to modify the price of the products and services offered through the website, as may be required by management.

Accepted payment methods are credit card, PayPal, or bank transfer.

Payment by card means making the payment directly to the Bank through a secure payment gateway. The user must follow the instructions displayed on screen, providing the following information: a) Card type, b) Card number, c) Expiry date, d) the 3 digits on the back of the card.

Card payments are secure thanks to our use of the STRIPE payment platform.

This solution allows the buyer to purchase Products with complete security. The banking details of the buyer who pays by bank card will not be retained by VIÑA MEMORIAS.

The invoice addressed to the buyer will be issued using the details provided by the buyer in their customer account. The buyer may modify these details each time a new order is placed through the website.

The customer shall provide VIÑA MEMORIAS with all data necessary for issuing the invoice, as well as their intra-community VAT number if required.

3. Delivery, Costs & Returns

The order shall be delivered by a carrier specialized in box shipments to the address selected at the time of formalizing the purchase.

The delivery period may vary and depends on various circumstances. The customer will be duly informed of delivery times during the purchase and verification process. The customer may also contact the company for further information in this regard.

Failure of delivery by the carriers due to the absence of the buyer or lack of information regarding the need to use specific delivery means may result in the payment of additional delivery costs and/or the cancellation of the order.

In cases where the availability dates of the Products within one order differ, VIÑA MEMORIAS shall propose splitting the order. In the event of split delivery, participation in the delivery costs shall apply to each part of the order. If the order is not split, delivery shall take place on the date when all ordered Products are available.

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Return & Refund Policy

At Vinamemorias, we are committed to customer satisfaction and transparency in our purchasing process.

Returns
Yes, we accept returns of both defective and non-defective products.

Customers have the right to return products within 14 calendar days from the date of receipt, in accordance with applicable consumer protection regulations.

To be eligible for a return:

• Items must be returned in their original condition

• Products must be unused and in their original packaging

• Proof of purchase is required

Defective or Incorrect Products
If you receive a defective, damaged, or incorrect product, you are entitled to:

• A full refund or replacement

• Return shipping costs covered by us

Please contact our customer service team as soon as possible to arrange the return.

Non-Defective Returns
For returns of non-defective products:

• Customers are responsible for return shipping costs

• Refunds will be processed once the returned item has been received and inspected

Refunds
All approved refunds will be issued using the original payment method within 14 days from the date we receive the returned product or proof of return.

Exchanges
We do not accept product exchanges. If you wish to obtain a different item, you must place a new order.

Shipping costs

During the purchase process, the customer will be informed of the shipping costs, which will be automatically calculated by the system according to the delivery address.

Prices are indicative and may vary in some cases. The applicable cost is the one shown in the purchase summary before choosing the payment method. Shipping costs may vary over time; therefore, the applicable costs will always be those in force at the time of contracting, and the buyer will be duly informed of them before finalizing the purchase.

4. Receipt and Claims

Upon receiving the order, the buyer must carry out all necessary inspections to detect any shortages, defects or other apparent faults, as well as the condition of the packaging, the number of packages, and the Products in terms of quantity, reference, condition and characteristics.

In the event of a claim, the buyer must contact the carrier services of VIÑA MEMORIAS.

In order for the claim not to be considered inadmissible, the buyer must:

State on the delivery note specific reservations arising from shortages, since general reservations such as “subject to unpacking” are insufficient.

Confirm reservations regarding shortages and submit any other reservations by registered mail with acknowledgment of receipt to customer service.

Confirm reservations regarding shortages by registered mail with acknowledgment of receipt to the carrier within 3 days following delivery, excluding public holidays.

The buyer must send a copy of this claim to VIÑA MEMORIAS within the same deadlines.

Likewise, the buyer must be able to provide any supporting document required concerning the validity of the claims made and must offer VIÑA MEMORIAS, its carriers or any person delegated by them, all necessary facilities to verify such claims.

Accepted claims shall give rise to replacement of the defective or non-conforming Product, or to a refund if the Product is unavailable in stock or from suppliers. The returned Product must be delivered to the carriers of VIÑA MEMORIAS in perfect condition, in its original packaging, and with all accessories included. No spontaneous return shall be accepted without the agreement of VIÑA MEMORIAS.

5. Warranty & Liability

The products offered through the website are perishable products and do NOT benefit from the 2-year warranty period established for other types of products. The warranty on products sold by VIÑA MEMORIAS applies where the product has been damaged during transport; in other cases, the official warranties applicable to perishable goods shall apply.

Occasionally or permanently, VIÑA MEMORIAS may market non-perishable products, and such products shall benefit from the 2-year warranty period from the date of delivery against any manufacturing, design or material defect. However, the buyer shall have a period of one month from delivery to report lack of conformity, and if this period is exceeded, any damages or losses shall be borne by the buyer.

During the warranty period, VIÑA MEMORIAS undertakes, at its discretion, to replace or refund Products recognized as defective by its services. Replaced Products benefit from the warranty for the remaining period. The warranty does not include:

Damage to the Product resulting from normal wear and tear, taking into account its nature, function, composition and price;

Minor differences found in the Products as defined in article 2.1;

Any defects in the Product that may result from defective installation, storage, preservation or assembly, lack of maintenance, incorrect use or use not compliant with the technical specifications or instructions for use (failure to observe maintenance recommendations), modifications or repairs carried out by the buyer or a third party, deterioration caused by external objects, external events such as accidents, impacts, fire, acts of vandalism, damage caused by water, natural or artificial light (in case of discoloration), natural disasters or adverse weather conditions.

To apply the warranty, the buyer shall contact the customer service department of VIÑA MEMORIAS. Presentation of the original invoice shall be required in order to benefit from the warranty.

5.1 Warranties, implementation and withdrawal

The Products are guaranteed against possible defects of conformity and hidden defects under the conditions provided by the provisions of the General Law for the Protection of Consumers and Users and the Civil Code, for buyers who qualify as consumers.

The liability of VIÑA MEMORIAS in respect of delivered Products, including within the framework of applicable contractual or legal warranties, is limited to the price of the defective or non-conforming Products. VIÑA MEMORIAS shall not be obliged to compensate for indirect damages or any other financial loss suffered by the buyer or a third party.

The Customer is guaranteed the possibility of canceling the order at any time, provided that the cancellation is made before the order has been made available to the carrier for shipment, without any need for justification and without any penalty.

Otherwise, the Customer must wait to receive the order in order to process its return, the withdrawal period being 14 working days from the date of receipt of the product. Within the stipulated period, the Customer shall communicate by email the wish to exercise the right of withdrawal from the purchase.

The returned order must be delivered together with the delivery note and, where applicable, the issued invoice, with return costs borne by the Customer. Products may be returned provided that they have not been handled and retain their seal or original packaging.

After verification of the condition of the product, the amount will be refunded using the same payment method employed by the Customer. The refund will be made as soon as possible, but during periods of high activity, processing may take between 7 and 15 working days.

If a product different from the one requested by the customer is delivered by mistake, the correct product shall be delivered and the first one collected, at no additional cost to the Customer.

If a product reaches the customer broken, damaged or in poor condition, VIÑA MEMORIAS shall take charge of collecting it from the customer’s address and replacing it with another in good condition, at no additional cost.

For any claim or query, you may contact us through the following email address: contact@vinamemorias.com.

In the event of loss, destruction or any other cause preventing return of the order due to reasons attributable to the buyer, the buyer shall be liable for the market value that the performance would have had at the time the right of withdrawal was exercised, unless such value is greater than the purchase price, in which case liability shall be limited to that price.

The formalization of the right of withdrawal shall be carried out through a document that VIÑA MEMORIAS will make available once the decision to withdraw from the purchase has been communicated.

To exercise the right of withdrawal, the buyer must send the withdrawal form (to be requested by email) to contact@vinamemorias.com and also by registered mail with acknowledgment of receipt to the following address: VIÑA MEMORIAS SLU, Calle Serpis 6,7, 46021, Valencia, Spain.

6. Force Majeure

Neither Party may be held liable for total or partial non-performance of its obligations if such non-performance is due to an შემთხვევal event or an event considered force majeure such as, by way of example and without this list being exhaustive, floods, fires, storms, shortage of raw materials, transport strikes, partial or total strikes, or closures. The Party affected by such events must inform the other party as soon as possible and no later than five (5) working days after the occurrence of the event.

The parties agree that they must consult with each other as soon as possible in order to jointly determine the conditions for execution of the order during the period in which the force majeure event remains in effect.

If the force majeure period exceeds one (1) month, VIÑA MEMORIAS may decide not to fulfill the order and, where appropriate, must refund the buyer the amounts paid by the latter in respect of the order in question.

7. Liabilities

7.1 Intellectual property

All content displayed on this Website, and especially designs, texts, graphics, images, databases, software, sounds, trademarks, logos or any other signs susceptible to industrial and commercial use, are subject to the intellectual and industrial property rights of VIÑA MEMORIAS, or of third parties who have duly authorized their use.

Under no circumstances does access to and/or use of the Website imply any kind of waiver, transfer, license or total or partial assignment of such rights, nor does it grant any right or expectation, and in particular no right of alteration, exploitation, reproduction, distribution or public communication of such contents without the prior express authorization of VIÑA MEMORIAS or the corresponding rights holders.

No link may be established to this Website from any other website without the prior express consent of VIÑA MEMORIAS.

7.2 Responsibility of users

Browsing the Site https://vinamemorias.com is the exclusive responsibility of users. VIÑA MEMORIAS shall not be held liable for breakdowns, errors or computer viruses that may affect continuity of access to its Site, nor for malfunctions in users’ computer equipment that may arise from access to the Site. Consequently, it has no obligation to repair direct or indirect damages that may derive from use of, access to, or downloading elements stored on the site (images, texts, video files).

VIÑA MEMORIAS reserves the right to deregister users from its website where they provide false information or fail to comply with these terms and conditions of sale.

7.3 Protection of Personal Data

“In compliance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD), we inform you that:

Your personal data collected on this Website will be included in a computerized database owned by VIÑA MEMORIAS U. This database is registered in the General Data Protection Register in accordance with current legislation and complies with all security measures set forth in Royal Decree 1720/2007 of 21 December on security measures for automated files containing personal data.

Such data collected through forms and/or email communications will be processed and incorporated into the files of VIÑA MEMORIAS for the purpose of effectively responding to or providing the requested services, facilitating the processing of orders, and sending advertising relating to promotions offered by VIÑA MEMORIAS through its Website. In this regard, the user expressly consents to the processing of their personal data for the purposes indicated in this document.

The data collected from the user shall not be transferred to any company, although they may be communicated to third parties where such communication is necessary for the development, fulfillment and control of the purposes established for their collection or receipt, in accordance with these terms.

Likewise, the user may at any time exercise the rights of information, access, rectification, cancellation and objection by email to contact@vinamemorias.com or by ordinary mail to the registered address of VIÑA MEMORIAS. In order to exercise these rights, and in compliance with Instruction 1/1998 of 19 January of the Data Protection Agency, it is necessary for you to prove your identity to VIÑA MEMORIAS by sending a photocopy of your National Identity Document or any other legally valid means.

The User is solely responsible for the truthfulness and accuracy of the data provided, and VIÑA MEMORIAS is exempt from any liability in this respect.”

7.4 Security

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 purposes, the Customer accepts that VIÑA MEMORIAS may obtain data for the purposes of the corresponding authentication of access controls.

8. Modification of the general conditions of sale

VIÑA MEMORIAS reserves the right to modify these general conditions of sale. Any new version thereof shall be indicated on the Site.

The online version on the Site at the time the buyer places the order shall prevail over any previous version of these general conditions of sale.

9. APPLICABLE LAW / JURISDICTION

The relationship between buyers and VIÑA MEMORIAS, in the event of disputes regarding the interpretation or application of these contractual conditions, in the case of final consumers, shall be governed, in accordance with applicable regulations, by the Courts of the place of performance of the obligation or those of the buyer’s domicile. In all cases, such relationship shall be governed by Spanish law, and any litigation arising from any order shall be submitted to Spanish jurisdiction.

 

 

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