General Terms and Conditions of Sale

1. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF Contracting (GTC):

On the one hand, the supplier of the products, CELLER DEL CAVA, S.A., (hereinafter also the provider), with registered office at C/ de Galileu, 238, 08224 Terrassa, Barcelona, N.I.F. A78581311, phone number of customer service 937 892 988, and e-mail: data@cellerdelcava.com, being the owner of the website https://www.cellerdelcava.com/en/, sets out the contractual document that will govern the purchase of products through the aforementioned website.

And another one, the User – Customer (hereinafter the User), registered on the website by means of a username and password, for whose use and safekeeping they bear full responsibility, and being responsible for the accuracy of the personal data provided to the provider.

BOTH ACCEPT this document, and entails that the user:

1. You have read, understand, and comprehend what is set forth herein.
2. Who is a person of legal age and with sufficient capacity to enter into a contract.
3. Who assumes all the obligations set forth herein.
4. That you have read and accept these general terms and conditions of purchase from the moment you acquire any product offered.

This document may be printed and stored by Users.

The provider makes the email address data@ available to themcellerdelcava.com so that they can raise any questions about these conditions.

These terms shall remain valid indefinitely and shall apply to all purchases made through the website https://www.cellerdelcava.com/en/ of the provider.

The provider reserves the right to unilaterally modify these General Conditions, without this affecting the goods or promotions that were purchased prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.

It is advisable that you keep a copy of the data contained in the purchased products.

CELLER DEL CAVA, S.A. is not responsible for any consequences that may result from improper use of the products for sale on the website.

The civil liability of CELLER DEL CAVA, S.A. for the products supplied is limited to their amount, the user waives the right to claim any liability from CELLER DEL CAVA, S.A. for any reason in any case of dissatisfaction with the products purchased on the website https://www.cellerdelcava.com/en/, as well as possible failures, slow access, or errors in accessing the website, including loss of data or other types of information that may exist on the computer or network of the user accessing the website https://www.cellerdelcava.com/en/.

CELLER DEL CAVA, S.A. is a company specialized in the sale of alcoholic beverages, food, and soft drinks in its physical stores at C/ de Galileu 238, 08224, Terrassa and C/ de Vallmajor 31, 08021, Barcelona for the sale of its products, or remotely online through its website.

2. SUBJECT OF THE CONTRACT:

2.1 Scope of application

The purpose of this contract is to govern the contractual purchase-sale relationship arising between the provider and the user at the moment the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GTC shall apply from the day the order is placed.

The contractual sales relationship entails the delivery, in exchange for a determined price publicly displayed through the website, of a specific product.

2.2 Territory of application

The online store of https://www.cellerdelcava.com/en/ is active throughout the entire Iberian Peninsula and other areas of Europe.

2.3 Capacity to contract

To place an order, you must be of legal age and have the capacity to enter into a contract.

2.4 Customer acceptance

Order validation through the website https://www.cellerdelcava.com/en/ It is carried out by email and also implies the automatic acceptance of the GTC. These conditions are available on the website. https://www.cellerdelcava.com/en/ or, if you wish and request it, we can make it available to you by email.

2.5. Amendment of the General Terms and Conditions of Sale

CELLER DEL CAVA, S.A. reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced after an order has been placed, the conditions in force on the date on which that order was placed shall apply.

3. INFORMATION PROVIDED ON THE WEBSITE https://www.cellerdelcava.com/en/:

3.1 Price publication

The prices of the products are those shown for each product on our website. https://www.cellerdelcava.com/en/. 

3.2 Product information

The information appearing in our advertising, brochures, other written material, on our website, or provided to you constitutes an invitation to make a purchase. The contents of https://www.cellerdelcava.com/en/ are constantly being renewed and updated to offer our customers the most complete and detailed information possible. All contractual information present in https://www.cellerdelcava.com/en/ They are displayed in Spanish and Catalan, and communication with customers and users, as well as the formalization of the contract, will be carried out in the language they prefer, provided this is indicated before starting the contracting process.

3.3 Availability of the product(s)

There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In such cases, the product in question will be visible, but not available for purchase.

3.4 Right of Cancellation

CELLER DEL CAVA, S.A. this action is reserved (right of cancellation) for the shipment of a specific product that does not meet the quality requirements imposed on all products of https://www.cellerdelcava.com/en/. In the event that this lack of quality were detected, the Customer Service department of CELLER DEL CAVA, S.A. a replacement product will be suggested, and if the replacement is not to the customer's liking, the cost of said product will be refunded.

3.5 Orders 24 hours a day, every day of the year

The order reception hours are twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after twenty (20:00) hours will not be processed and will be deferred to the next business day in Terrassa (Barcelona). Orders received on Fridays from the indicated time onward will be processed to arrive on the first business day. Delivery times are detailed in section 5.4 of these conditions.

3.6 Fraud

Yes, CELLER DEL CAVA, S.A. If it suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

4. PURCHASE PROCEDURE:

In order to access the products offered by the provider, the user may:

• Register through the website by creating a user account. To do so, the user must freely and voluntarily provide the personal data that will be requested.

The user will select a username and password, undertaking to use them diligently and not make them available to third parties, as well as to notify the provider of their loss or theft, or of any possible access by an unauthorized third party, so that the provider may proceed to their immediate blocking.

The user may not choose as a username words intended to confuse others into identifying them as a member of the provider, nor offensive, insulting expressions and, in general, anything contrary to the law or to the requirements of morality and good customs.

• Make the purchase as a guest. In this purchase mode, you will only be asked for the essential information needed to process your order. Once the purchase process is complete, you will be offered the option to register as a user or continue as an unregistered user.

It is hereby stated that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the steps below:

1. Select the product by clicking on it, and it will automatically be added to the “shopping cart”.
2. If you wish to add more products, you must select the “Continue shopping” option. If by mistake you have added any that you did not want, you must click on the option to remove them from the shopping cart.
3. Once you have selected the product(s), you must click on the checkout tab to place the order. When you click on this option, the purchase confirmation will appear (summary of the order placed, your details, and the chosen payment method).
4. The user's credentials will be requested in three ways:

   1. 1. User registration: if you are not previously registered, in order to make the purchase (such registration is free of charge), you must complete a data collection form (in which you will have to accept the Privacy Policy. Once this has been completed, you will receive a registration confirmation email at the email address provided.

      2. If you are already registered and already a customer: you can access your details by clicking on the already registered user button, enter your username and password

      3. Guest Checkout: a series of personal details are requested in order to place the order and arrange subsequent delivery, and afterwards the user’s consent is requested to save their data. If consent is given, the data will be saved and product information will be sent if the user also allows it; otherwise, the data will be saved only for future purchases.

   You should check the spam and junk mail controls in your email inbox and always verify that the contact details you provide are correct.

5. Once registered, an observations screen will appear, where you may indicate the delivery time; a checkbox that you must tick, as it constitutes acceptance of these General Terms and Conditions and the Privacy Policy.
6. To complete the process, you must click the Finish button

In any case, the provider’s contracting platform will inform the user, once the contracting procedure has been completed, via email regarding all the characteristics, price, shipping methods, contracting date, and delivery times of the purchased product.

If there is any kind of error in the address provided or in any other part of the order, you must notify it immediately to the email address that appears on the website so that this error can be corrected.

If you have any questions, you can contact our Customer Service department through any of the methods provided on the website. https://www.cellerdelcava.com/en/. 

CELLER DEL CAVA, S.A. will provide Customer Service FREE OF CHARGE through our contact email data@cellerdelcava.com, if another alternative means of communication is chosen, the user shall be responsible for the specific cost thereof.

CELLER DEL CAVA, S.A. makes available to you telephone numbers in Spain subject to your telephone operator's charges.

5. SHIPPING:

5.1 Shipping costs

For orders of €250 or more, shipping will be free within mainland Spain.

For all other destinations or orders that do not meet the above conditions, shipping costs will be determined based on the weight of the purchased product(s) and the destination. When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically display the shipping price. In any case, the user will see the price during the purchase process and always before making the payment. CELLER DEL CAVA, S.A. ships its products to the Peninsula, the Balearic Islands, and areas of the European Union.

5.2 Shipping address

Orders will be delivered to the delivery address freely designated by the user. Therefore, the provider assumes no liability whatsoever if the product cannot be delivered as a result of the information provided by the user being false, inaccurate, or incomplete, or if delivery cannot be made for reasons beyond the control of the shipping company assigned for that purpose, such as the recipient’s absence.

When making the purchase, the shipping and/or pickup location is chosen.

The order delivery time will be during regular business hours.

Without prejudice to the foregoing, the provider has adopted the measures required of a diligent merchant so that delivery can be made within the agreed time, and therefore no liability may be attributed to the provider.

Shipments are only made to destinations in mainland Spain, the Balearic Islands, and the European Union.

CELLER DEL CAVA, S.A. will use all means at its disposal to ensure that your order is delivered within the timeframe shown on our website on the date the order confirmation is issued.

5.3 Delivery times

The delivery time is usually between:

• 2-4 business days for shipments to Mainland Spain
• 2-5 business days for shipments to the Balearic Islands
• 5-10 business days for shipments to the European Union

Depending on the product, the destination location, and the chosen payment method. This term is understood to apply provided that the product’s availability has been confirmed and full payment for the order has been verified. In the case of products not available at the time of purchase, our Customer Service Department may provide you with availability information or the option of a refund if you have purchased it.

If you have ordered several products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that, if any of the items are unavailable at the time of shipment, you have the right to cancel the order at any time before it is shipped by contacting our Customer Service department at the following email address: data@cellerdelcava.com indicating the order number.

5.4 Shipping confirmation

At the time your order is handed over to our carrier, we will send shipping confirmation to the email address you provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so that you can track it through our carrier’s website.

5.5 Damage during delivery

Products are shipped in secure packaging. If, at the time of delivery, it is visibly and clearly apparent, without the need to handle the shipping packaging or the product’s own packaging, that a product has defects caused by damage during transport, or if, in the same way, an error in the goods received is apparent, the customer must immediately contact our Customer Service line. 937 892 988 or by email data@cellerdelcava.com, in order to request the return of the affected product or products and proceed with their replacement with another in optimal condition or, alternatively, issue a refund of the price paid for it, as you indicate to us in said email.

Likewise, if damage to the product is detected once the package has been opened while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months from becoming aware of it through our Customer Service line 937 892 988 or by email data@cellerdelcava.com. 

6. PRICES AND VALIDITY PERIODS OF THE OFFERS

All prices displayed in the store https://www.cellerdelcava.com/en/ include the VAT in force at the time of purchase. All prices listed on the website are valid and will be expressed in Euros (€). Unless expressly stated otherwise, these charges do not include shipping, handling, packaging, shipping insurance, or any other additional or ancillary services related to the purchased product or service.

VALUE ADDED TAX: In accordance with the provisions of Article 68 of Law 37/1992, of 28 December, on Value Added Tax, the supply of the products shall be deemed to take place within the territory where Spanish VAT applies if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the one legally in force at any given time, depending on the specific article in question.

The customer will receive the invoice together with the order.

The prices applicable to each product will be those published on the website and automatically applied by the contracting process in its final stage.

In cases of limited-time promotions, the promotional discount will be applied as long as the order was placed during the promotional period.

The delivery method is detailed in section 5 of these terms and conditions.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were carried out and will serve to determine whether or not said order is subject to promotion.

For any information about the order, the User may contact the provider via the customer service telephone number or by email at the address provided.

7. PAYMENT METHODS:

Below, we detail the available systems:

7.1 Payment by credit or debit card

The user must have a valid credit or debit card and must enter all the card number digits in the corresponding form. The transaction is completed at the time the order is placed. Only payments with secure cards are accepted, where your identity as the cardholder is authenticated according to the method established by your bank, through secure e-commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or savings bank.

The system known as SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

7.2 Payment by bank transfer or account deposit

At the time of completing the order, the user will receive instructions with the account number to pay for the order. It is essential that the assigned order number and the user's name are clearly indicated on the transfer order. In order to confirm the order, it must be made within 7 days; otherwise, it will be canceled in our system.

8. RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal

The user has the right to exercise the right of withdrawal, and for this purpose has a period of 14 calendar days from receipt of the product, without penalty for exercising it; the consumer must be reimbursed the full purchase amount, that is, the price of the product plus shipping costs, within 14 days following the exercise of the right of withdrawal by the user/consumer. With regard to the shipping costs for returning the products, these shall be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formal requirement. The consumer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary according to their nature, characteristics or functioning, without this limiting their right to exercise it. To exercise this right of withdrawal, you may complete the form found at the end of these conditions ANNEX: RIGHT OF WITHDRAWAL with your order number (to obtain reimbursement of the amount of the product(s) within a maximum period of fourteen (14) calendar days following receipt of the order) together with your contact details.

Could you send it to us by email data@cellerdelcava.com or by postal mail (by any means permitted by law), always within 14 calendar days of receiving the order. After this period, you may only request the return or exchange of the product(s) for technical reasons subject to the warranty of said product(s).

You must return the product with all the elements with which it was delivered to you, without damage or signs of wear of any kind, and showing no indication of improper use of the item or use different from its intended nature, to the address we have provided you.

It is recommended to return it in its original packaging; if this is not possible, the product may suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the product(s) they send, as well as for the costs arising from shipping.

Provided that the products are returned within the 14-calendar-day period, without any damage or signs of wear whatsoever, and in compliance with the requirements set out in this section, we will refund the full purchase amount.

Exceptions to the right of withdrawal: The right of withdrawal shall not apply to contracts relating to:

1. The supply of goods that may deteriorate or expire rapidly.
2. The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
3. The supply of alcoholic beverages whose price has been agreed upon at the time the sales contract is concluded and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the trader cannot control.

8.2 Return due to an order error on the part of CELLER DEL CAVA, S.A.

When the product does not match the order, due to an error attributable to the company, the user must notify the company by email as soon as possible; CELLER DEL CAVA, S.A. will cover the costs of collecting the product sent in error and delivering the one corresponding to the order placed.

8.3 Verification of Returns

The verification and inspection of the products subject to return will be the responsibility of CELLER DEL CAVA, S.A. that, once at your facilities, it will verify that they are received in compliance with all the requirements established in section 8.1.If any of the elements are missing, we will notify you in writing by email, indicating the missing content.

9. REFUNDS:

When the return is made (the right of withdrawal is exercised), the amount paid for the product plus shipping costs will be refunded. The return shipping costs will be borne by the consumer-user. The refund will be made within a maximum of 14 calendar days and through the same method used to make the purchase.

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:

10.1 Warranty

All products offered through the website are completely original, unless otherwise indicated in their description.

Satisfaction guarantee: If, at the time of receiving the product and before exercising the right of withdrawal, the user is not satisfied with the purchase, they may choose any of these options:

1. Exchange the product for a voucher of the same value as the purchased and returned product, to redeem it for another of the same value (if the price of the product is higher than the voucher, the user must pay the difference),
2. Exchange the item for another; if the price of the product is higher than that of the exchanged product, the user must pay the difference.

10.2 Warranty in case of defective product

In the event of a defective product, CELLER DEL CAVA, S.A. shall proceed with the repair, replacement, price reduction or termination of the contract (as appropriate), which shall be free of charge for the user. CELLER DEL CAVA, S.A. is liable for any lack of conformity that becomes apparent within a period of three years from delivery; the consumer-user must inform CELLER DEL CAVA, S.A. of the lack of conformity within two months from the moment they became aware of it.

11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:

If any clause included in these General Terms and Conditions is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall affect only that provision or the part thereof that is null and void or ineffective, and the General Terms and Conditions shall remain in force in all other respects, with such provision, or the part thereof that is affected, deemed not to have been included.

12. ONLINE DISPUTE RESOLUTION:

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the online resolution of disputes between the USER and the PROVIDER, without the need to resort to courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.

13. APPLICABLE LAW AND JURISDICTION:

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established herein. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the provider’s domicile (if the user is not considered a consumer for the purposes of the TRLGDCU) or of the user’s domicile (if the user is considered a consumer for the purposes of the TRLGDCU).

14. APPLICABLE REGULATIONS:

These General Conditions are subject to the provisions of:

European regulations governing e-commerce:

• Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
• Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).

Spanish regulations:

• Law 3/2014, of March 27, amending the revised text of the General Law for the Protection of Consumers and Users.
• Law 7/1998, of April 13, on General Terms and Conditions of Sale, and subsequent amendments,
• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
• Organic Law 3/2018, of December 5, of Protection of Personal Data and Guarantee of Digital Rights, 
• Law 7/1996, dated January 15, Retail Trade Regulation, and
• Law 34/2002 of July 11, of Information Society and Electronic Commerce Services and subsequent modifications.

15. COMMENTS AND SUGGESTIONS:

Your comments and suggestions will be warmly welcomed. We kindly ask that you send such comments and suggestions to us through our contact form.

In addition, we have official complaint forms available to consumers and users. You may request them by calling Customer Service at 937 892 988 or through our contact form.

ANNEX: RIGHT OF WITHDRAWAL

For the attention of:

• Name: CELLER DEL CAVA, S.A.
• Tax ID: A78581311
• Address: Carrer de Galileu, 238, 08224, Terrassa, Barcelona
• Phone: 937 892 988
• Email: data@cellerdelcava.com

Details of the good/service to be withdrawn:

• Order/invoice no.: _______________________________________________
• Order/invoice date: ____________________________________________
• Date of receipt of the product: ___________________________________
• Product description: _________________________________________
• _______________________________________________________________
• _______________________________________________________________

Consumer/user data:

• Name: __________________________________________
• Tax ID: ______________________________________________
• Address: _________________________________________
• Population: _________________________________________
• Phone: __________________________________________
• Email: __________________________________

Right of withdrawal:

In accordance with Article 68 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, I hereby inform you that I am withdrawing from the sales contract for the goods described above, and I would appreciate it if you would contact me using the contact details provided to notify me that this request has been processed.

Request date:

Consumer/user signature: