PARTICULAR TERMS AND CONDITIONS
FIRST. OBJECT OF THE CONTRACT
The object of this contract is the sale of wine or services related to the Winery, in the amount determined by the Buyer through the tools provided by FRANCISCO E IGNACIO MURILLO VITERI, CB (hereinafter “Bodegas Murillo Viteri”) on our site Web.
In the event of a discrepancy or contradiction, in any case, the Specific Conditions and Terms will prevail, first, the General Terms and Conditions of Bodegas Murillo Viteri. In the case of promotions, these will prevail over the General Terms and Conditions and the particular Terms and Conditions.
Bodegas Murillo Viteri guarantees that the wines sold in the “Online Store” comply with the minimum quality specifications established in the Regulations and Regulations of the EU and regulations of the Geographical Indications of origin of the wines.
The wines purchased in the “Online Store” will be delivered to the address indicated by the Buyer. The approximate delivery time will be given in the purchase process and this may vary for reasons beyond the control of Bodegas Murillo Viteri
Shipping and delivery costs will be borne by Bodegas Murillo Viteri, unless otherwise indicated.
Murillo Viteri Winery. will not be liable for delays that may occur in the delivery of products for reasons that are not attributable to it.
THIRD. PRICE AND METHOD OF PAYMENT
The Prices of the products published in the “Online Store” are subject to variation depending on the volume, brands and categories of the Products that the Buyer purchases in the “Online Store”. Bodegas Murillo Viteri reserves the right to modify the prices of the products offered in the “Online Store”. Notwithstanding the foregoing, from the moment the order form is confirmed, the prices will remain unchanged. Likewise, Bodegas Murillo Viteri may include any of its products in lots, offers and special promotions in which its price may be different from the usual price.
The price indicated in the “Online Store” will include VAT, or any other tax or tribute that could replace it, at the rate that is applicable in accordance with current legislation at all times.
The form or mechanism of payment will be the cash on delivery, the Credit Card or PayPal. In the event that the selected payment method is the Credit Card, the Buyer must identify himself and must include the following details of his Card:
Number: _______________________ Expiration Date: ___ / ___ / ___ / CVV: _______
Payments by credit card will always be made through electronic systems operated by financial entities outside the Bodegas Murillo Viteri “Online Store”. Therefore, Bodegas Murillo Viteri will not be responsible for your security or the operation of the service.
Furthermore, the “Sale of alcoholic beverages to persons under 18 years of age” is explicitly prohibited.
QUARTER. LIABILITY FOR NON-COMPLIANCE
Failure to comply with the obligations by any of the parties will generate the obligation to compensate, for an amount equivalent to the total amount of the purchase made, as well as the damages that may be generated on the other party.
All breaches arising from unforeseeable circumstances or force majeure are exempt.
GENERAL TERMS AND CONDITIONS
1. The Agreement
These General Conditions shall apply to all the products offered by Bodegas Murillo Viteri through this “website”. These General Conditions will be in force for all the goods and services that are offered in the “Online Store”, being able to modify without previous notice, not affecting the changes to the purchases already made up to that moment.
2. Formalization of the Purchase
The purchase of the products offered on the web is made by selecting the chosen products, which will be included in the shopping cart. Once the selection is concluded, the purchase will continue, proceeding to fill in the personal data (depending on each case) for the issuance of the invoice and the data to make the payment of the products. Finally accepting the purchase made, the final purchase of the selected products will be made and the payment method will be selected (cash on delivery, PayPal or Credit Card).
The purchase formalization document will be stored on the website for the buyer to consult. In the procedures of the sale, the buyer may modify both the selected products and the number of these, the personal and payment data filled in, going back in the purchase procedure of the website, before the definitive acceptance by the Buyer.
Once the sale has been made, it will be confirmed by registering the purchase made on the website, together with the purchase conditions and sending a confirmation email to the account provided by the Buyer, the User being able to keep a printed copy of said document as proof of the sale.
3. Cancellation of Purchase
Once the purchase is made, if you wish to cancel it, contact us through our online store.
4. Delivery of the Products
4.1. The Buyer will request Bodegas Murillo Viteri through the “Online Store” to purchase the goods and services offered therein and selected by the Buyer in each case, obtaining them only from Bodegas Murillo Viteri.
4.2. Once each order for the products has been received, Bodegas Murillo Viteri must make every reasonable effort to meet the estimated delivery date, therefore, Bodegas Murillo Viteri will not be responsible for the delay in the delivery of the products. .
4.3. From the moment the delivery is formalized, the risk on the products supplied will be borne by the Buyer.
4.4. Bodegas Murillo Viteri undertakes to deliver the products purchased at the address indicated for this purpose by the buyer of the “Online Store”. The shipping costs of the products will be paid by Bodegas Murillo Viteri, unless otherwise provided.
4.5. Bodegas Murillo Viteri guarantees that the Products comply with the Laws and regulations in force in the territory, as well as the Regulations and Regulations of the EU and regulations of the Geographical Indications of origin of the wines at the time of delivery.
4.6. Under no circumstances will Bodegas Murillo Viteri be considered to grant any guarantee or assume any liability other than those expressly designated in this Agreement, without prejudice to those expressly and imperatively provided by the Spanish legal system. In no case will Bodegas Murillo Viteri be responsible for any damage that may occur to the Products as a result of the use, manipulation, storage or other related circumstances, whether malicious or not, by the Buyer.
4.7. The Buyer must store, preserve and take responsibility for the Products in accordance with the best practices of the wine industry; will refrain from making any modification to the products or their packaging, and from altering, removing or manipulating any of the brands, labels, numbers or other means of identification thereof, as well as making commercial use of the products.
5. The Price
5.1 The price will be the one contemplated in the order form. It will be firm and calculated, including all taxes, fees, transport, packaging and any circumstance that could lead to an increase in it. It will also include all the services, materials and accessories required for the effective fulfillment of the terms of the purchase.
5.2 The products offered in the “Online Store” and their prices will be available for purchase while they are in the catalog of products displayed on the website.
6. Force Majeure
6.1 In the event that Bodegas Murillo Viteri breaches any clause of the Contract or of these General Conditions due to force majeure circumstances, it will be exonerated of its obligations until the circumstances in question cease.
6.2 When either party is affected by an event of force majeure, it must notify this circumstance in writing immediately to the other party, indicating the nature and extent of the event of force majeure; The parties must agree in good faith on the best solution to minimize the negative effects or seek a fair and reasonable alternative.
6.3 If any event of force majeure that affects Bodegas Murillo Viteri and that has been notified, is not resolved within 3 months from its notification, Bodegas Murillo Viteri will be free to, with immediate effect, terminate this previous Contract written notification addressed to the Buyer’s email and being released from any obligation to deliver the products. However, Bodegas Murillo Viteri will return within 30 days of notification, the amount equivalent to the Purchase made by the User. Said notification will be made without prejudice to any right or obligations that correspond to each of the parties.
7. Compliance with Laws
Bodegas Murillo Viteri will comply with all laws and regulations that may be applicable to the development of its business in accordance with the provisions of this Contract, and guarantees the Buyer the maintenance and compliance with the licenses and permits necessary for the development of its activity.
8. Data Protection
The Personal Data that is collected in the procedure of the purchase made in the “Online Store” will be processed by Bodegas Murillo Viteri to formalize the purchase, execute the payment and issue the invoice.
The data will be processed according to our data protection policy.
The Buyer / User of the services offered by Bodegas Murillo Viteri on its website, by registering in the “Online Store”, agrees to comply with these general terms and conditions of contract, as well as the terms and conditions included on the website and also , from the moment you make a purchase, it becomes part of our database. Communications will depend on the options that the client has expressed.
The Buyer / User undertakes to provide real and current data, being his responsibility all the consequences that may arise from the falsity of the data supplied.
9. General Conditions
9.1 This Agreement is for the exclusive use of the Buyer and may not be assigned, subrogated or subcontracted (in whole or in part) without the prior written consent of Bodegas Murillo Viteri.
9.2 In the event of the nullity of any of the clauses of this Agreement by the competent court, it will be understood that said precept is not part of the Agreement, and will not affect the validity of the rest of the clauses that will remain in force.
9.3 This Agreement does not constitute a distribution or agency contract.
9.4 This Agreement represents the entire agreement reached by the parties, and will supersede any prior agreement between them in relation to the products. No variation of this Agreement will be effective unless it is set in writing and signed by both parties.
9.5 All the Purchase and Sale Procedure, such as the transmission of the Buyer’s Personal Data and those of the credit cards, is carried out with a total guarantee of security and confidentiality, using a secure server (https: // type).
10. Applicable Law and Jurisdiction
This Contract and all the documents annexed to it shall be governed and interpreted in accordance with Spanish Law.