Calle Libertad, 26 (28004 MADRID - Chueca) SPAIN
GENERAL CONDITIONS OF SALES
- IDENTIFICATION OF THE RESPONSIBLE FOR THE WEBSITE
This web page https://carlotawineshop.com (onwards, "Public Data”) is operated by:
MARIO ABENGÓZAR MARQUEZ | ||
| TRADENAME: | CARLOTA WINE SHOP | |
| REGISTERED OFFICE: | C/ DE LA LIBERTAD 26, 28004 MADRID | |
| NIF: | 52866242Y | |
| CONTACT: | PHONE: | 600442379 |
| EMAIL: | ||
This document establishes the terms and conditions governing the purchase through the Website owned by MARIO ABENGÓZAR MARQUEZ (onwards, "CARLOTA WINE SHOP”), of the products and services offered therein (hereinafter, the “General Conditions of Sale” or “CGV”).
- ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
By placing an order through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. In case of placing the order on behalf of a legal person, you declare that you have sufficient capacity to represent said legal person and to accept these CGV.
Likewise, from the moment you place the order, after marking the boxes enabled in the purchase form, you accept and commit to comply with these General Conditions of Sale. These CGV replace any other previous conditions reflected in any other document.
Consequently, read these CGV carefully before placing an order through the Website.
CARLOTA WINE SHOP You have the right to review and modify these CGV at any time and without prior notice. However, said changes will not have any effect on orders processed and sent prior to the corresponding modification.
- PERSONAL DATA
The information or personal data that you provide us will be treated in accordance with the provisions of the Privacy Policy included in this Website. By using this Website, you declare that the information and data provided are true, exact and correspond to reality.
- CORRECTION OF ERRORS IN THE INTRODUCTION OF DATA
The information or personal data provided during registration on the Website, or during the purchase procedure, may be corrected through your customer profile at any time. In the event that the payment has already been made and it is necessary to modify any data, later, contact our Customer Service.
- PURCHASING PROCESS
The purchase process will be carried out entirely in Spanish and consists of several steps that are summarized below:
- Start of the purchase process:
To make the purchase you just have to choose the products you want from among those offered on the web and add them to the basket/shopping cart. If you have not logged in at the beginning of the session, you can do so at this time if you are a customer. If you are not, you can create an account at the end of the purchase, where we will ask for your information to be able to manage the shipment, and if you prefer, you can create a customer account.
- Formalization of the purchase:
Once all the products you want have been added to the cart, you can view the cart and check all the added products. The second step to complete the order will consist of entering your personal data in the purchase form to send and bill the products. For this purpose, it will be necessary for you to provide, among others, the following information, your name or business name, address, telephone number or email, which must in any case be true and exact.
When you have entered all the data in the purchase or registration form, you have selected the payment method you want and you verify that the added products are correct, you will need to read and accept our "Privacy Policy", our "Terms and Conditions of Use of the Website"and the presents"General Conditions of Sale".
At the moment you have proceeded with the payment, you will be informed of all the details of the order (including an "order number"). Please note that the Order Number is provided for reference purposes and does not in any way constitute a confirmation by CARLOTA WINE SHOP acceptance of the order.
- Order confirmation:
In case that CARLOTA WINE SHOP accept your order and after having verified the availability of the requested product, as well as the payment made, will notify you by sending an order confirmation (the "Order Confirmation"). Said Order Confirmation will be sent by email and will be effective from the date of shipment.
- Shipping and delivery of the order:
- Shipping:
Upon receipt of the Order Confirmation, CARLOTA WINE SHOP will send you the product or products purchased through the Website, to the postal address indicated in the order form, which cannot correspond to a post office box or public places, such as public roads, squares, stations, airports or others similar.
All orders are subject to product availability. If there are difficulties regarding the supply of products or if there are no items left in stock, we will contact you to find a solution.
Additionally, the items offered through this Website are available for worldwide shipping.
- Delivery fee:
The delivery time depending on the destination will be:
- Iberian Peninsula: 48 hours.
- Canary Islands and Balearic Islands: one week.
- Member States of the European Union: 3-5 days.
- Outside the European Union: 15 days.
These terms begin to count from the confirmation of the order, at the postal address that you have included in the order data, except for reasons of force majeure. The delivery note will be sent together with the Product or Products.
Example: If the address entered by the customer is incorrect, the cost of resending the order is assumed by the customer.
The risk of the product will be at your charge from the moment of its delivery, so from that moment you will be solely responsible for it. However, despite having proceeded with their delivery, you will not acquire full ownership of the products until CARLOTA WINE SHOP receive full payment of all amounts owed in relation to them, including shipping costs that may be applicable.
5.1 POSSIBILITY OF RESERVATION OF PRODUCTS OUT OF STOCK
We have enabled a new system for when a product is out of stock in the store, a stock reserve order can be placed, it is an order equal to a normal one, but the only difference is that the product is reserved for you. As soon as the stock arrives, the shipment will proceed normally. In this way you guarantee that as soon as we replace the stock of your favorite wine, you will have your bottles reserved and you will not run out of them.
The wines that have this characteristic will have a label similar to this one to see that they are wines with reserve availability, as seen in the following image.
and if there is still stock in the product, another message will appear indicating that it is a wine available to reserve when it runs out of stock 
Once the order has been placed in the online store, the email you will receive will differ from a normal order because the bottles that are reserve will appear in the order note as RESERVED: and the quantity reserved
We do not have an exact date of when we will be able to have the wine in store since it does not depend on us. Once the stock replacement has been requested, the arrival time depends on our warehouses. Either way, we will keep you informed at all times.
- PRICE, PAYMENT METHODS AND BILLING
- Price:
All prices are in EUROS. The prices will be those published on the Website at the time you made the order.
All prices include Value Added Tax (VAT) in accordance with current legislation, however, depending on the shipping territory, costs and taxes related to shipping and order processing are excluded, which, where appropriate, they will be informed and added to the final price.
When you place an order for delivery to a country that does not belong to the European Union, you may be required to pay import duties and taxes, which will be charged to you at the time the package reaches its destination and without it being possible anticipate them at the time of ordering. In this way, you are informed that any additional amount due to customs clearance will be at your expense. CARLOTA WINE SHOP has no control over such amounts. Customs policies vary significantly from one country to another, so for more information, please consult the corresponding customs office. Remember, also, that when you place an order through our Website, the law formally considers you as an importer, and you must therefore comply with all applicable laws and regulations in the country where the product is received. Your privacy is a matter of great importance to us and if you are an international customer, keep in mind that international shipments are subject to inspection and opening by customs authorities.
Prices may change at any time, although any changes will not affect orders for which we have already sent you an Order Confirmation.
- Payment methods:
CARLOTA WINE SHOP through the Website, accepts the following payment methods:
| Credit/debit card: | You can pay using Visa, MasterCard and JCB credit or debit cards. |
| Wire transfer: | The payment operation of your order by Bank Transfer is easy and safe. Remember to indicate theOrder number” in the matter of bank transfer. The absence of this reference could cause delays. Due to the delay time of bank transfers, we cannot avoid the possibility of running out of the requested product while waiting for payment. The order can only be reserved at the time we receive confirmation of receipt of payment from our bank. |
- Need an invoice?:
You expressly authorize CARLOTA WINE SHOP to issue the invoice on paper, it will be sent to you together with your purchase, and it will be sent in Spanish.
The invoice will be filed for CARLOTA WINE SHOP for 6 years, counted from the moment it was sent to you. In this way you can request it, in case of loss, for example, through our customer service.
- LEGAL GUARANTEE
As a consumer you have the right to be protected for a period of time against existing defects or lack of conformity with the products:
This mandatory guarantee implies a series of rights that you can exercise:
| Repair | Substitution | price reduction | Termination of the contract |
- Repair and replacement:
If the product is defective or does not conform to the one you purchased, you can choose between the repairn and substitution, as long as one of these two options is not objectively impossible or disproportionate.
| Repair | It will be free, as well as the cost related to it, especially the shipping costs, costs related to labor and materials. |
| It will be carried out within a reasonable time and without major inconveniences, taking into account the nature of the products and their purpose. | |
| Once the product has been delivered for repair, the warranty period is suspended until we return it repaired. | |
| Once we have delivered the repaired product to you, during the next 6 months we will be liable for any defects in the repair that, if any, may arise. | |
| In addition, if the repaired product continues to be non-compliant with the one originally purchased, you can choose: its replacement (unless it is disproportionate), a price reduction or termination of the contract (both explained below). | |
| When you deliver the product to us for repair, we will give you a receipt with the delivery date and the defect. When we deliver the repaired product, we will give you another receipt with the date of delivery and the repair carried out. | |
| Substitution | You will not be able to choose substitution in the case of non-expendable products (not replaceable because they are unique), or in the case of second-hand products. |
| It will be free, as well as the cost related to it, especially the shipping costs, costs related to labor and materials. | |
| It will be carried out within a reasonable time and without major inconveniences, taking into account the nature of the products and their purpose. | |
| As soon as you request the replacement, the warranty period is suspended until we deliver the new product. The new product does not have a new warranty term, but continues with the initial one. | |
| If the new product is still not in conformity with the one originally purchased, you can choose: its repair (unless it is disproportionate), the price reduction or the termination of the contract (both explained later). | |
| When you give us the product to be replaced, we will give you a receipt with the delivery date and the defect. When we deliver the new product, we will give you another receipt with the delivery date. | |
- Reduction of the price and Termination of the contract:
| price reduction | You will be able to exercise this right when you cannot choose to repair or replace it and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences. |
| It will be proportional to the difference between the value of the non-defective or non-conforming product purchased and the value of the defective or non-conforming product purchased. |
| Termination of the contract | You will not be able to exercise this right if the lack of conformity is minor. |
| For the rest of the cases, you will be able to exercise when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences. |
| How long do I have these rights? | New Products | 2 years from the day it appears on the invoice or purchase receipt or on the delivery note if it is of a later date. |
| 2nd hand products | 1 year from the day it appears on the invoice or purchase receipt or on the delivery note if it is of a later date. |
| How do I exercise them? | You must contact us through the following email or calling the phone +34 600442379 where we will tell you how to proceed. |
| Note that: | You must inform us of the defect or lack of conformity in within 2 months as long as you are aware of it, since you will be responsible for the damages caused by the delay in your communication. However, you maintain the rights mentioned above. |
| It is understood that the product does not present a defect or is in conformity with the one purchased, provided that: | Conforms to the description made by CARLOTA WINE SHOP and possesses the qualities that have been indicated on this Website. |
| It is suitable for the uses to which products of the same type are ordinarily destined. | |
| And, present the usual quality and benefits of a product of the same type that are reasonably expected taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the products that we could have made. |
8. LEGAL RIGHT OF WITHDRAWAL
In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, "Royal Decree 1 / 2007”), in the event that you have the status of consumer, as said term is defined in the aforementioned standard, you will have the right to withdraw from the sale within a period of 14 calendar days from the receipt of the products subject to the sale without need to justify your decision and without penalty of any kind, unless the sale refers to some of the products and/or services detailed in article 103 of the aforementioned law, among which are, merely illustrative:
| i) | The supply of goods made according to the specifications of the consumer and user or clearly personalized; |
| ii) | The supply of goods that can deteriorate or expire quickly; |
| (iii) | And 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. |
You can exercise your right of withdrawal in the following way:
To comply with the withdrawal period, it is enough that the communication regarding the exercise of the aforementioned right is sent before the corresponding period expires.
In case of withdrawal in accordance with this Clause, CARLOTA WINE SHOP will return all payments received in relation to the purchase subject to withdrawal, including delivery costs that you may have paid corresponding to the cheapest shipping option offered, no later than 14 days following the day on which CARLOTA WINE SHOP receive the aforementioned communication. However, the costs of returning or returning the products will be borne by you.
CARLOTA WINE SHOP You can make said refund using the same means of payment that you would have used for the initial purchase transaction unless another means of payment is expressly agreed. Nevertheless, CARLOTA WINE SHOP You may withhold the refund until you have received the goods that are the object of the sale or until you have presented proof of their return, depending on which condition is met first.
Items must be returned in packaging that ensures that the products are properly protected in transit.
- CUSTOMER SERVICE
In any case, for any incident or claim you can send an email to the address or get in touch by phone +34 600442379. As a consumer you can request complaint forms at the registered office of CARLOTA WINE SHOP.
- RESPONSIBILITY OF CARLOTA WINE SHOP
CARLOTA WINE SHOP is not responsible for (i) those losses that were not attributable to any breach on its part, (ii) business losses (including lost profits, income, benefits, contracts, data or unnecessary expenses incurred) (iii) those indirect losses or of a consequential nature that were not reasonably foreseeable by both parties at the time the purchase contract for the products was formalized.
Nothing in these conditions limits or excludes our liability in case of misrepresentation, death or personal injury attributable to our negligence or intent.
Please note that this has no effect on your legal rights as a consumer under the terms of Royal Decree 1/2007, nor on the right to return the products in accordance with clause 8.
- WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing. By using this Website, you agree that most of such communications with CARLOTA WINE SHOP be electronic. For contractual purposes, you agree to use this electronic means of communication and you acknowledge that all contracts, notifications, information and other communications that CARLOTA WINE SHOP sent to you electronically meet the legal requirements of being in writing. This condition will not affect your rights recognized by law.
- NOTIFICATIONS
The notifications you send to CARLOTA WINE SHOP should preferably be sent through our email . In accordance with the provisions of clause 11 above and unless otherwise stipulated, CARLOTA WINE SHOP You can send communications either to e-mail or to the postal address provided by you when placing an order.
Notifications will be understood to have been received and correctly made 24 hours after an email has been sent, or 3 days after the postage date of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email , that it was sent to the email address that you specified when placing the order.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
In case of purchase through this Website, these CGV are binding both for you and for CARLOTA WINE SHOP, as well as for the respective successors, assigns and successors in title.
You may not transmit, assign, encumber or in any other way transfer your contractual position or any of the rights or obligations derived from it in your favor or for you, without having obtained the prior written consent of CARLOTA WINE SHOP.
- ONLINE DISPUTE RESOLUTION PLATFORM
In accordance with the provisions of article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on the resolution of online disputes in consumer matters, which modifies the Regulation (EC ) nº 2006/2004 and Directive 2009/22/EC, consumers have a resolution platformOnline Litigation, which can be accessed from the following link:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES |
Through said link, the users of the Website will be able to access the European Platform for Online Dispute Resolution. In the event that you have had a problem with a purchase or the provision of an online service, you can use this means to present any claim in relation to said purchase, sale or provision of services, as well as opt for an out-of-court solution to the conflict that has arisen.
- PARTIAL NULLITY
If any of these CGV were declared null and void by a firm resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity, and the null or inapplicable clause will be replaced by another that may assimilate to the previous one in the most appropriate way possible.
- OVERWHELMING FORCE
neither you nor CARLOTA WINE SHOP You will be responsible for the breach of these GTCS as a result of a force majeure beyond your control. Force majeure shall be understood as any act, event, lack of exercise, omission or accident that is beyond reasonable control, and in particular, and for purposes merely illustrative and non-limiting, the following: strikes, lockouts or other protest measures, disasters natural disasters, civil commotion, terrorist threats or attacks, impossibility of using trains, ships, planes, motor transport or other means of transport, among others.
It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the cause of force majeure.
- APPLICABLE LEGISLATION AND JURISDICTION
The contract for the purchase of products through this Website will be governed by Spanish law. Any controversy that arises or is related to the use of the Website or with said contract will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals, with the corresponding court or tribunal being competent in accordance with current regulations.
However, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause will affect the rights that current legislation may recognize as such.
