GENERAL TERMS AND CONDITIONS

Table of Contents

This contractual document called General Contracting Conditions (hereinafter “CGC or Conditions”) will govern the contracting of products through the “marketplace https://wines.gal ” (hereinafter “WINES.GAL”) owned by the company ATLANTIC IT SOLUTIONS AND SERVICES, SLU (hereinafter “THE PROVIDER”).

Acceptance of this document implies that the USER:

  • You’ve read, you understand and you’re agree with this text.
  • He/she is a person with sufficient capacity to purchase online.
  • Assume all the obligations set forth herein.

These CGC will have an indefinite period of validity and will be applicable to all contracts made through WINES.GAL.

These CGC have been drawn up in compliance with the applicable regulations on Electronic Procurement: the Law 7/1996, of 15th January, on the regulation of retail trade; Royal Decree 1/2007, of 16th November, approving the revised text of the General Law for the Defence of Consumers and Users; Royal Decree 1906/1999, of 17th December, which regulates telephone or electronic contracting; the Law 7/1998, of 13th April, on General Contracting Conditions; the Law 34/2002 of 11th July, on services for the information society and electronic commerce and the Law 23/2003, of 10th July, on Guarantees for the sale of consumer goods.

The PROVIDER reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

The USER is recommended to read this document carefully each time he/she makes a purchase.

Identity of the contracting parties

The PROVIDER will be the company called ATLANTIC IT SOLUTIONS AND SERVICES, SLU, with CIF Nº: B94202140, address at Avenida del Doctor Tourón, 44, Entreplanta, 36600 Vilagarcía de Arousa, Pontevedra, Spain, telephone: +34 986 09 57 48, email : info@atlantic.gal .

The USER is the one who has registered as such through WINES.GAL and makes the purchase of a product marketed through it.

The USER is responsible for the accuracy of the personal data provided to the PROVIDER during the registration process on the website. The PROVIDER will be responsible for the use and custody of the said personal data.

Without being part of this Contract, for clarification purposes, producer, manufacturer, or distributor (hereinafter “manufacturers”) is understood as those in charge of the production, bottling, sale and distribution of wine products that promote and market their products on the WINE.GAL Marketplace (hereinafter ” Associated Wineries “).

Object of the contract

The purpose of these CGC is to regulate the contractual relationship for the sale of wine products created between the PROVIDER and the USER, at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery of a specific product, at a certain price as promoted on the website.

Products Information

The images that illustrate the products presented in WINES.GAL have a merely informative character, indicating the nature of the product  and may not, in any case, give rise to a commitment on the part of the PROVIDER. On the other hand, the information sheets, labels and descriptions of the products are transmitted and communicated to the PROVIDER by the Associated Wineries, for which the PROVIDER is not responsible for their validity and quality.

Availability of Products

Given that the products exhibited in WINES.GAL are supplied by Associated Wineries, the PROVIDER is exempt from liability if any of the exhibited products could not be supplied, on the basis that for reasons beyond its control they are not within the scope of being able to be marketed, either due to their cessation of production or due to their lack of availability by the Associated Wineries.

Contracting procedure.

In accordance with what is required by article 27 of the Law 34/2002, on Services for the Information Society and Electronic Commerce (LSSICE), the contracting procedure will be governed by the following stipulations:

  • 1) General contracting clauses

Unless specifically stipulated in writing, placing an order through WINES.GAL will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those set henceforth if it has not been expressly accepted in advance and in writing by the PROVIDER.

  • 2) Sending orders

As a general rule, the PROVIDER will not send any order until it has verified that it has sufficient stock, as well as that the payment system chosen by the USER is effective and in accordance with the provisions of this document.

Shipments will usually be made through the transport companies corresponding to the place of delivery chosen by the USER.

Orders will be shipped within 48 business hours of receipt of payment. Once the shipment has been made, the PROVIDER is not responsible for possible delays in delivery by the transport companies.

For the purposes of the provisions of this stipulation, orders ordered before 20:00 hours are considered made on the same day.

The delivery time in Spain is usually between 2 and 5 working days, depending on the destination population and the method of payment chosen. This term is understood as long as the availability of the merchandise has been confirmed and the payment method has been verified.

If the product is not in stock, the PROVIDER will notify the USER to indicate the total delivery time.

The delivery time is 4 business days to the main European capitals, 6 days to the rest of Europe and 10 days to the United States and the rest of the world.

The delivery dates or deadlines shall be understood as approximate, the delay not constituting an essential non-compliance. In the event that the PROVIDER has not delivered the product after 30 days from the agreed delivery date, the USER will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without it being derived. no liability for damages attributable to the PROVIDER.

Upon receipt of the order, if it is detected that a breakage may have occurred, the order must not be accepted, and the PROVIDER must be informed through the email address (e-mail): info@wines.gal to manage the incident.

The USER will be able to know at any time where his order is located by means of a tracking number that the Shipping Department will provide him at the moment the order leaves the warehouse.

The PROVIDER will not assume any responsibility when the delivery of the product does not take place, as the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made at the time the carrier has made the products available to the USER and the USER, or his delegate or attorney-in-fact, has signed the delivery receipt.

It is up to the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.

Right of withdrawal

The USER may withdraw from his order without having to justify his decision.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of 27th March). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.

To exercise this right, the USER must fill in the withdrawal form sent with his order and direct it to the email address: info@wines.gal , specifying as subject “Right of withdrawal”.

By virtue of the provisions of Article 103 of Royal Legislative Decree 1/2007, of 16th November, which approved the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of Withdrawal cannot be applied in the following cases:

            a)  The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the employer, you will have lost your right of withdrawal.
            b)  The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
           
c)  The supply of goods made according to the specifications of the consumer and user or are clearly personalised.
           
d) The supply of goods that may deteriorate or expire quickly.
           
e)  The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
           
f)  The supply of goods that after delivery and taking into account their nature have been inseparably mixed  with other goods.
           
g)  The supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and which cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
           
h) Contracts in which the consumer and user have specifically requested the employer to visit him to carry out urgent repair or maintenance operations; If, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods.
           
i)  The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
           
j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
           
k)  Contracts concluded through public auctions.
            l) The provision of accommodation services for purposes other than serving as housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
           m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.

 

Therefore, in the case of products purchased through WINES.GAL, withdrawal will not be applicable:

  1. If the product is not presented in perfect condition.
  2. If the product packaging is not the original or it is not in perfect condition.
  3. When the product is open.
  4. Shipments received without a return number (RMA) provided by the PROVIDER that must be attached to the packaging or wrapping of the package.

Products must be returned in their original packaging. In addition, the sender must also be visible on the package. The return will not be accepted if there are indications that the products have been manipulated or exposed to inappropriate conditions.

The PROVIDER advises the USER to make returns by certified mail or by contracting an insurance that can be done with the transport company for the value of the product. This insurance will be necessary in case of accident, breakage or loss of the merchandise by the transport company.

After verification by the PROVIDER of the good condition of the product(s), the amount corresponding to the returned units will be reimbursed.

In case of damage, or non-return of the product, the PROVIDER reserves the right to deduct from the amount the market value of the product damaged or retained by the USER, with a maximum of the purchase price.

Any return due to breakage or incidence during transport must be communicated to the PROVIDER within a maximum of 24 hours after delivery of the order, with the order data, identification of the USER, reasons for the return and a photograph(s) of the product as it arrived in the case of it being defective.

If all the requirements are met, the PROVIDER will proceed to pay the total amount of the order or send a new one in accordance with what was agreed with the USER after receiving the order or returned product. If there is no stock of the product, the full purchase amount will be refunded.

For the reimbursement of the corresponding amount, the PROVIDER will use the same means of payment that the USER used for the initial payment.

The PROVIDER will not be responsible for the expenses caused by those returns that occur without respecting the steps established in this procedure.

 

Claims

Any claim that the USER considers appropriate will be addressed as soon as possible by the PROVIDER, and can be made at the following postal address: Avenida del Doctor Tourón, 44, Entreplanta, 36600 Vilagarcía de Arousa, Pontevedra, Spain, or through the address of email (e-mail): info@wines.gal

Online dispute resolution.

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

Force majeure

The parties will not incur liability for any fault due to force majeure, disturbances or total or partial strike, especially of postal services and means of transport or communication, floods, fire or war. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

Competence

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

Offer overview

All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the commercial proposal of the PROVIDER or to what is stipulated herein, will have effect, unless with an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

 

Price and validity price of the offer

The prices of products promoted through WINES.GAL will be shown in euros per unit (€ / unit) and will include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product purchased.

The USER assumes that the economic valuation of some of the products may vary in real time, not affecting orders that have received shipping confirmation.

Before making the purchase, the USER will be able to check online all the details of the order: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not confirmed.

There is also the possibility of publishing a second price when the product has some type of additional discount. In this case, in the same purchase process the discounted price will be applied to the USER.

Any payment made to the PROVIDER will entail the issuance of a delivery note in the name of the registered USER or of the business name that he/she has informed at the time of placing the order. This document will be available to the USER in the user account and, if he/she wishes to receive an invoice, it may be requested from the PROVIDER.

Product and price offers are valid as long as they are displayed on the website and always based on available stocks.

If there is no stock in the warehouses of the Associated Wineries, due to different circumstances, the PROVIDER will proceed to remove the product from the website immediately.

However, if the product is not available after placing an order, the USER will be informed by email or telephone of the delivery of only a part of their order, or of its cancellation. In any of these cases, you will receive a refund of the full or partial amount of the order within a maximum period of 30 days from the date of the order.

 

Transportation expenses

Prices do not include shipping costs, unless expressly agreed in writing to the contrary.

The postage will be calculated at the time of saving the basket, since they are calculated by the weight of the products and by the delivery address.

The maximum rates of shipping costs applied are the following:

At the national level (Spanish territory) we work with Correos Express, with the following rates:

 RegionalPeninsularPeninsular + and entire PortugalMajorcaBalearic Islands MinorTenerife and Las PalmasCanary Islands Minor
Up to 1.00 kg€ 3.95€ 4.04€ 4.29€ 6.96€ 7.33€ 15.59€ 16.54
Up to 2.00 kg€ 4.14€ 4.25€ 4.50€ 7.88€ 8.41€ 19.96€ 21.36
Up to 3.00 kg€ 4.33€ 4.45€ 4.71€ 9.23€ 9.92€ 23.93€ 25.72
Up to 4.00 kg€ 4.53€ 4.66€ 4.92€ 9.89€ 10.75€ 27.89€ 30.08
Up to 5.00 kg€ 4.65€ 4.80€ 5.10€ 10.56€ 11.58€ 31.86€ 34.45
Up to 10.00 kg€ 5.96€ 6.15€ 6.34€ 13.89€ 15.72€ 52.01€ 56.61
Up to 15.00 Kg€ 7.28€ 7.46€ 7.65€ 17.21€ 20.52€ 72.29€ 78.91
Additional Kg.€ 0.26€ 0.31€ 0.38€ 0.62€ 0.79€ 3.83€ 4.21

 

RegionalGalicia and northern Portugal to Porto
PeninsularRest of Spain and central Portugal (up to Lisbon, not including it)
Peninsular +Catalonia, Valencia, Murcia, Andalusia, Lisbon and southern Portugal

* The prices shown in the table above do not include VAT
** The weight per bottle plus packaging is approximately 1.2KG

Internationally (European Union and United Kingdom) We work with UPS, but despite having standard rates, the shipping price fluctuates depending on various factors external to us, such as the price of gasoline.

Payment Methods

The PROVIDER accepts the payment of the orders by :

  • Credit and / or debit cards (Visa, Mastercard, Visa Electron and / or similar). The card with which the payment is made must have as its issuing financial institution, a bank or savings bank with registered office in any member state of the European Union or continental Europe.
  • PayPal

All purchase transactions are carried out within a strict framework of confidentiality and encryption thanks to the SSL protocol.

The PROVIDER does not assume any responsibility, nor will the contract be considered activated, if the corresponding financial entity rejects the payment. In this case, the order will be automatically canceled and the USER will be informed. For payments made with cards issued outside of Spain, it is necessary that the issuing bank is covered by the Secure Electronic Commerce Security Protocol (CES). Payments with cards that do not meet this requirement will not be accepted.

Purchasing process

In order to purchase the products offered through WINES.GAL, it will be necessary for you to provide certain personal data to carry out the sale.

Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of 27th April (GDPR) and the Organic Law 3/2018, of December 5 (LOPDGDD), and in accordance with the provisions of the Privacy Policy of this website.

The USER must provide name, surname, company (if relevant), telephone, postal and product delivery address, electronic mail address (e-mail) and payment data.

Once the USER’s account has been created or the data for the sale process has been provided, the procedure for contracting products and / or services will be as follows:

  1. Select the products: the USER who wishes to purchase a range of bottles from a specific producer must click on the “Select” button . Before clicking on the “Add” button , the USER will be able to consult the characteristics of the products that they wish to purchase (Denomination of Origin, technical sheet, tasting sheet, producer data, view images, among other information related to the characteristics of the product). To select the product, you must click the “Add” button until you have selected all the options and quantities you wish to purchase.
  2. My basket / Check products: Once all the purchase options have been selected, the USER can click on the “View basket” tab and a summary of the order will be shown. In case you want to continue shopping, you must click on the “Continue shopping” button . Otherwise, it will mark the button “Complete purchase” .
  3. My basket / Shipping and payment data: Next, the USER must fill in the “Billing Address” form with data related to the shipment of the order. In the event that the USER wishes to receive the order at an address other than the billing address, you must select the button “Send to a different address” and fill in the form with the information of the address where you want to receive the order. Once this information has been completed, the USER can, before validating, see a summary of the order where all the order data is provided so that you can check them or, if applicable, modify them by going back to the previous step. Once the data has been verified, the “Finish purchase”button must be checked and the USER will be redirected to the payment platform.
  4. My basket / Order confirmation: Once the order has been confirmed, the USER will be shown the confirmation of receipt of the order. The order will be processed once the PROVIDER receives the order payment confirmation. The USER can continue shopping once this purchase process is completed. At the end of the purchase process, the USER will receive an email with the information related to their order that will contain details of the order placed, a PDF invoice, a link to these GTC and the information on withdrawal and the withdrawal form.

The contracting procedure can only be carried out in Spanish, Galician, English, German and French.

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Applicable warranties

All the products offered through WINES.GAL have the guarantees offered by the Associated Wineries.

All have a warranty period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Law for the Defence of consumers and Users and other complementary laws.

Guarantees and returns

The guarantee of the products offered will respond to the following articles based on the Law 23/2003, of 10th July, on Guarantees for the sale of consumer goods:

Compliance of the products with the contract

Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:

  1. They conform to the description made.
  2. They are suitable for the uses to which products of the same type are ordinarily destined.
  3. They are suitable for any special use required by the USER when they have informed the PROVIDER at the time of the conclusion of the contract and the latter has admitted that the product is suitable for this use.
  4. Present the usual quality and benefits of a product of the same type that the USER can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by the PROVIDER.
  5. The PROVIDER describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.

Responsibility will not arise  for any lack of conformity that the USER knows about or has not been able to ignore at the time of the conclusion of the contract.

Responsibility of the PROVIDER.

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the product, without prejudice to the fact that the responsibility for said lack of conformity lies with the PROVIDER or the Associated Wineries.

III. Product replacement

If the product does not comply with the contract, the USER may demand its replacement.

The substitution will conform to the following rules:

  1. They will be free without cost for the USER. This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs.
  2. They will be carried out in a reasonable time and without major inconveniences for the USER, taking into account the nature of the products and the purpose they had for the USER.

If the product is delivered, and it is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of the article V.

Price reduction and contract termination

The price reduction and the termination of the contract will proceed, at the USER’s choice, when the USER cannot demand the replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of minor importance.

Criteria for the price reduction

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract, and the value that the product actually delivered had at the time of delivery.

Deadlines

The PROVIDER will be liable for any lack of conformity that appears within a period of two years from delivery.

Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. .

The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.

The USER must inform the PROVIDER of the lack of conformity within two months of becoming aware of it.

Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.

Applicable law and jurisdiction.

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of Pontevedra (Spain).

ANNEX A

 

Information document to the USER about the right of withdrawal

The USER has the right to withdraw from this contract within a period of 14 calendar days without the need for justification.

The withdrawal period will expire 14 calendar days after the day on which the USER or a third party authorised by the USER, other than the carrier, acquired material possession of the product and, in the case of a contract for the delivery of multiple goods despatched in the same order and delivered separately, since the USER or a third party authorised by the USER, other than the carrier, acquired material possession of the product;

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email) to:

ATLANTIC IT SOLUTIONS AND SERVICES, SLU

Avenida del Doctor Tourón, 44, Entreplanta, 36600 Vilagarcía de Arousa, Pontevedra, Spain. Telephone: +34 986 09 57 48

Email: info@atlantic.gal

To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

Consequences of withdrawal:

In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement .We may withhold reimbursement until we have received the goods, or until you have provided proof of their return, depending on which condition is met first.

You must return or deliver the products directly to the address indicated above without any undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the products before said term has expired.

The USER must bear the direct cost of returning the products, the SUPPLIER reserves the right, as the case may be, to collect the products at our expense from your home.

The USER will only be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

 

ANNEX B

Withdrawal form model

 

(You only have to fill in and send this form if you want to withdraw from the contract)

For the attention of:

ATLANTIC IT SOLUTIONS AND SERVICES, SLU

Avenida del Doctor Tourón, 44, Entreplanta, 36600 Vilagarcía de Arousa, Pontevedra, Spain. Telephone: +34 986 09 57 48

Email: info@atlantic.gal

I hereby inform you that I am withdrawing from the contract for the sale of the product ______________________________________________________________________ / provision of the service of ___________________________________________; ordered on __________ / received on _________.

Order code____________

User personal data:

Name and surname: __________________________

DNI: __________________________

Address:________________________________________________________________________________________________________________________________

In _________________, on ____of_____________, 20___

USER SIGNATURE

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