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GENERAL CONDITIONS OF ACCESS, USE AND CONTRACTING OF THE WEBSITE WWW.BLANCOTINTO.COM
Website Management Entity Identification Data
ATBT Valencia, S.L. (hereinafter, "BlancoTinto")
Calle del Mar 68 – 3A11 – 46560 Massalfassar Spain, Valencia
E-mail address: hola@blancotinto.com
Tax ID. nº B97997373
Registered in the Mercantile Register of Valencia, volume 8.828, folio 76, page nº V-126944, 1st inscription.
1. ACCESS AND USE OF THE WEBSITE
1.1 Access to the Website
These general conditions of access, use and contracting (hereinafter, the "General Conditions") regulate access to and use of the website www.blancotinto.com, the purpose of which is to disseminate information about the activities carried out by BlancoTinto related to the world of wine and the provision of certain services of various kinds (hereinafter, the "Website").
1.2 Acceptance of the General Terms and Conditions and, where applicable, the Specific Terms and Conditions
Access to the Website in any case implies acceptance of these General Terms and Conditions, so please read them carefully before using the Website. If you do not accept these General Terms and Conditions, please refrain from using the Website and its content.
The purchase of wine on the Web Site and any of the related services may be subject to the specific conditions set out in section 3 of these General Conditions, as well as those that may be established at BlancoTinto from time to time. Hereinafter, any of the aforementioned conditions, or any other specific conditions of other services offered on the Website from time to time, shall be referred to as the "Specific Conditions".
Likewise, BlancoTinto hereby informs the users of this Website that these General Conditions and the Specific Conditions may be adapted or modified at any time without prior notice. Consequently, the user must read and accept these General Terms and Conditions and, where applicable, the Specific Terms and Conditions each time he/she wishes to use the Website.
1.3 Registration and Use of Electronic Signature
Some of the services offered by BlancoTinto may require the prior registration of users through the corresponding form. Once the registration form has been completed, the user must accept the Privacy Policy and the corresponding Particular Conditions.
In order to use any of the aforementioned services, the user will activate a user code and personal passwords to be able to operate them for all purposes. These identification mechanisms shall, for all purposes, have the status of the user's electronic signature in their relations with BlancoTinto and with the rest of the Website Users (hereinafter, "Electronic Signature").
The Electronic Signature of each User shall be personal and non-transferable, and it is the User's obligation to inform BlancoTinto of any changes that may occur in their personal data. It is the User's responsibility to exercise due diligence to prevent access and/or use by third parties who access or use the Electronic Signature on their behalf. Likewise, the User will be solely responsible for the choice, loss, theft or unauthorised use of any identification code or password and for the consequences that may arise from this.
In any case, the User shall be responsible for the proper use of the Website and the custody of his/her Electronic Signature, and must abstain from using it for illicit purposes or effects or contrary to the provisions of these General Terms and Conditions and any Special Conditions.
1.4 Use of the Website. Age of majority
The user declares to be of legal age and to have sufficient legal capacity to be bound by these General Terms and Conditions, and by the Special Conditions where applicable, and also undertakes to make diligent use of the Website, as well as of the information contained therein, in full compliance with the regulations applicable in each case.
2. BLANCOTINTO'S RESPONSIBILITY WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE
2.1 Website operation
BlancoTinto makes its best efforts to keep the website in good working order, avoiding errors or, where appropriate, repairing them, and keeping the contents of the website duly updated. However, BlancoTinto does not guarantee the availability and continuity of access to the Website or the absence of errors in its content, nor does it guarantee that the content will be updated in a timely manner. The user accepts the foregoing and undertakes to exercise the utmost diligence and prudence when accessing and browsing the Website or using the content, information and services available on it.
2.2 Modifications to the information on the website
BlancoTinto reserves the right to make, at any time and without prior notice, modifications, deletions or updates to the information contained on the Website, its configuration or presentation.
2.3 Opinions of Other Users
Through this service, the User may consult, free of charge, the opinions of other Users regarding BlancoTinto wines, wineries or services published on the Website or other digital media.
The User undertakes and undertakes not to fill in the text space for participation in the forum in any way that may constitute a violation of any rules or violate morals, good customs or the image and good commercial name of the different wines and wineries or of BlancoTinto.
In relation to the information and opinions published in this service for which the User is the author or the person responsible, the User expressly consents to their dissemination on the Website.
BlancoTinto accepts no liability for any possible consequences that may arise as a result of improper use or negligence on the part of Users who provide their opinions.
2.4 Use Of The Information Contained On The Website
Both access to the Website and the use that may be made of any information contained therein is the sole responsibility of the user. Consequently, BlancoTinto accepts no liability for any damages that may arise, directly or indirectly, from accessing or using the information contained on the website.
Likewise, BlancoTinto states that the free information and content contained on the website is merely for information purposes, and therefore accepts no liability whatsoever for any damages that may arise, directly or indirectly, from the use by the user of the information provided.
In addition, BlancoTinto accepts no liability for any damage or harm to the user's software or hardware arising from accessing the website.
3. SPECIAL CONDITIONS FOR THE PURCHASE OF PRODUCTS AT BLANCOTINTO
3.1 BlancoTinto Purchase Procedure
The purchase of products through the BlancoTinto website does not require the prior registration of the User, but does require the acceptance of these purchase conditions.
The procedure to be followed by the User to complete the purchase of products on BlancoTinto is as follows:
1-. Start the process by pressing the "Add" button which appears next to each product.
2-. In the "Quantity" section, select the number of units of each product you wish to purchase and update the shopping cart.
3-. If the User has a discount code, he/she must indicate it in the "Discount Code" section. It is very important that the User enters their discount codes before pressing the "Checkout" button, otherwise the order will be completed without discount or the possibility of claiming it.
4-. The User must select the "Checkout" button and, in the "Checkout" section, must fill in their name and address and the method of payment.
5-. The User must review the details of his/her order in "Review your order" and, if he/she is satisfied with them, press the "Buy now" button. Finally, the User will receive a message on screen and at the e-mail address provided by BlancoTinto confirming acceptance of their order.
6-. In the "Shopping Cart" section, the User may consult the confirmation of receipt of the order. The order will be processed once BlancoTinto has received confirmation of payment for the order. The User may continue shopping once this purchase process has been completed.
3.2 Price of the Products and Method of Payment
Payment systems available: the price of the products and services available on BlancoTinto include the corresponding VAT, unless otherwise indicated. Users may choose to pay for their purchases by bank transfer, PayPal, credit or debit card available at any given time.
If it is considered appropriate to guarantee the security of the purchase, BlancoTinto may ask the User to send a copy of their identity document (ID card, passport, etc.), as well as the card used in the purchase process or any other complementary data or document.
Payment by bank transfer: if the User selects payment by bank transfer, he/she must make the transfer following the steps indicated in the order confirmation email, which will contain the account number to which the transfer must be made, the amount and the reference that must be attached to complete the process of definitive acceptance of the order. The order placed by bank transfer is valid for 96 hours. If payment is made after 96 hours it may be subject to changes in product availability or prices.
The purchase will not be completed until the full amount of the order has been received in the account, at which point the period of delivery days communicated to the customer will begin to count.
3.3 Delivery of Orders
The products purchased by the User will be sent via the courier service used by BlancoTinto. When placing the order, both the name of the transport agency and the costs associated with each order will appear when placing the order. For the sole purpose of processing the shipment of the order placed on the BlancoTinto website, the user's shipping details must be communicated to BlancoTinto's partner company which provides the shipping services.
The products will be sent to the address indicated by the user when placing the order. In order to optimise delivery, it would be advisable for the purchaser to indicate an address to which the order can be delivered from Monday to Friday from 10.00 am to 6.00 pm.
In the event that the carrier tries to deliver the package and there is no one there to receive it, a note will be left stating the delivery attempt. The User must contact the transport agency as soon as possible using the telephone number on the note, in order to arrange a new delivery.
If in this second delivery there is no one to receive it, a note will be left again stating the second delivery attempt. From then on, your order will remain in the transport agency's office for 7 days. After these days have elapsed, your order will be returned to our warehouse.
Upon receipt of the package, the User shall:
1. Check the conformity of the goods received at the time of delivery.
2. Point out any anomaly on the delivery note, stating his reservations and including his signature.
3. The transport providers do not allow the goods to be returned if the customer opens them in their presence. However, the User may check the box from the outside and if he/she detects that the box is damp or wet, he/she must indicate that he/she does not accept the order.
BlancoTinto shall not assume any responsibility for the consequences of possible delays in shipment.
3.4 Cancellations and returns
Users may cancel their order without having to justify their decision, in accordance with the applicable Spanish legislation. To exercise this right, the User must send an email to hola@blancotinto.com, specifying as subject "Right of withdrawal" and stating their name and surname and the number of the order to be cancelled. The maximum time limit for the User to send their communication is 7 days from the date on which the User received the products.
In the event of opting for withdrawal within the established period, the User must return the products purchased in perfect condition (not manipulated or opened by the User), and correctly protected and in their original packaging (the corresponding shipping costs shall be borne by the User*).
After BlancoTinto has checked that the products are in good condition, it will proceed to refund the amount corresponding to the units returned, deducting 5% as a return management fee. In the event that the returned products are not in perfect condition, BlancoTinto reserves the right to deduct the market value of the product that does not comply with these conditions, up to a maximum of the purchase price, from the amount. In both cases, BlancoTinto will use the same means of payment as the User for the initial payment, within a maximum period of 30 days from the withdrawal.
4. RESPONSIBILITY OF THE USER
4.1 The User is aware, and voluntarily accepts, that the use of the Website takes place, in all cases, under his/her sole and exclusive responsibility, and shall therefore be liable for any damages of any kind that BlancoTinto may suffer as a result of a breach of any of the obligations to which he/she is subject by virtue of these General Conditions or the Specific Conditions or the applicable legislation in relation to the use of the Website.
5. POLICY ON HYPERTEXT LINKS
5.1 lancoTinto accepts no liability whatsoever for the connection or content of hypertext links to third party websites, nor does their existence imply that they endorse, promote, guarantee or recommend the linked websites.
5.2 Likewise, third parties intending to include a hypertext link to the Website on a website must obtain BlancoTinto's prior express written consent. In any case, BlancoTinto accepts no liability whatsoever for the connection or content of third party hypertext links to the website.
6. PRIVACY AND COMMERCIAL COMMUNICATIONS POLICY
6.1 Both at the time of registration and in the event that during browsing, consultations, requests or simulations via the Website, the User provides us with data that is considered to be personal data, the provisions of BlancoTinto's Privacy and Commercial Communications Policy shall apply, which must be accepted in advance by the User.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
7.1 All the contents of the Website (including, but not limited to, databases, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software) are the property of BlancoTinto, or of its content providers, in the latter case having been licensed or assigned by them, and are protected by Spanish or international intellectual and industrial property regulations. The compilation (understood as the collection, design, arrangement and assembly) of all the content of the Website is the exclusive property of BlancoTinto and is protected by the applicable regulations on industrial and intellectual property.
7.2 Everything used in the use and development of the Website is the property of BlancoTinto or its suppliers and is protected by industrial and intellectual property laws.
7.3 The trademarks, signs, distinctive signs or logos that appear on the Website are the property of BlancoTinto and are duly registered or in the process of being registered. The names of other products, services and companies that appear in this document or on the Website may be trademarks or other distinctive signs registered by their respective and legitimate owners.
7.4 All texts, graphic drawings, videos or audio supports are the property of BlancoTinto or its content providers and may not be subsequently modified, copied, altered, reproduced, adapted or translated by the user or third parties without the express authorisation of the owners of said content.
7.5 The making available to users of the databases, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and property of BlancoTinto or its content providers which appear on the Website does not imply, under any circumstances, the transfer of ownership or the granting of an exploitation right in favour of the user other than the use which involves legitimate use and in accordance with the nature of the Website.
7.6 Any use of the content of the Website without the authorisation of BlancoTinto is strictly prohibited, including its exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or total or partial representation, which, should they occur, shall constitute an infringement of BlancoTinto's intellectual property rights, punishable under current legislation.
8. ACCESSING THE WEBSITE FROM MOBILE DEVICES
8.1 Todo lo dispuesto en estas Condiciones de Acceso y Uso será aplicable a los accesos que hagas a los Servicios a través del teléfono móvil u otros dispositivos móviles.
8.2 A este respecto, se informa al Usuario que BlancoTinto no cobra por el acceso móvil a los contenidos o servicios del Sitio Web, pero que el operador de telefonía del Usuario aplicará la tarifa que tuviera contratada para el envío y recepción de datos.
8.3 BlancoTinto no se hace responsable de las restricciones que el operador de telefonía pueda tener impuestas y que pudieran hacer que los contenidos o servicios del Sitio Web no fueran accesibles con normalidad.
9. LEGISLACIÓN APLICABLE Y JURISDICCIÓN
9.1 El acceso y utilización del Sitio Web se regirá e interpretará de conformidad con la legislación española.
9.2 Cualquier controversia que pudiera surgir entre BlancoTinto y los usuarios del Sitio Web será dirimida, con renuncia expresa de las partes a su propio fuero, por los Juzgados y Tribunales de la ciudad de Valencia (España).