1. General Conditions of Use
These General Conditions of Use (hereinafter, the "General Conditions"), together with any special conditions that may be established, regulate the conditions of purchase of the products marketed through the websites www.aporvino.com and www.aporvino.es (hereinafter, the "Website"), owned by Aporvino S.L. (hereinafter AporVino), with C.I.F. B-84190065 and registered office at Av. Felix Rodriguez de la Fuente, 17, Madrid, 28210. Registered in the Companies Register of Madrid, Volume 20913, Book 0, Folio 200, Section 8, Page M 370751, Entry 1.
AporVino provides information about products and offers the possibility of purchasing them through the Website. Persons wishing to purchase products must follow the steps that AporVino communicates through the Website.
These General Conditions and Legal Notices are the only conditions applicable to the use of the Website and the purchase of products through it and replace any other conditions, unless previously agreed in writing between AporVino and the User. Consequently, the User who accesses the Website and purchases products through the Website agrees to be bound by these General Conditions and Legal Notices as they are written at the time of accessing the Website.
Any User who purchases any of the products on the Website must be at least eighteen (18) years of age.
2. Product information
The pictures, graphic or iconographic representations and videos related to the products sold by AporVino, as well as trade names, trademarks or logos of any kind contained on the Website, intend to provide as much information as possible. However, the User must consider that they have an indicative purpose and therefore lack exhaustive nature.
AporVino reserves the right to decide, at all times, the products offered to the Users through the Website. Thus, AporVino may at any time add new products to those already included in the Website, meaning, unless stated otherwise, that such new products shall be governed by the provisions of the General Conditions that are in effect at that time.
Also, AporVino reserves the right to cease providing access, at any time and without prior notice, to any of the products offered on the Website.
In the case where, for exceptional circumstances, a product is unavailable after the purchase has been made, AporVino will inform the User by e-mail of the full or, where applicable, partial cancellation of the order. The partial cancellation of the order does not entitle the cancellation of the entire order, without prejudice to the right of withdrawal that corresponds to the Users according to these General Conditions.
3. Product purchase
In order to proceed with the purchase of the product, the User, who must be at least eighteen (18) years old, must select the chosen product and add it to the shopping cart. Once the selection of products for purchase is complete, the User will be able to see the total price by visiting his shopping cart, and will be able to finish the process by pressing the button “Proceed to checkout”. Once having proceeded to checkout, the user will be able to pay via bank transfer, Cash on Delivery, credit card via RedSys, PayPal, or via the secure payment system offered by PayPal, issuing the pertinent purchase receipt.
4. Product prices
The prices of the products offered through the Website include all applicable taxes in the EEC. For shipments outside the EEC, when available, the incoterms DAP (Delivery At Place) rule will be used, where AporVino takes care of all costs, including the main transport and insurance (which is not compulsory), but not the costs associated with the import, until the goods are made available to the buyer. The import clearance and possible associated taxes are borne by the buyer.
AporVino reserves the right to change the prices indicated on the Website at any time. The products are invoiced at the price valid reflected on the Website at the moment of placing the order.
In the event of a manifest error in the price of the products, due to technical faults or errors in the automatic or manual data entry, AporVino reserves the right to cancel the order and refund the amount paid to the same payment method used to place the order. In the event that the payment method is bank transfer or another payment method that does not allow automatic reimbursement, the customer must provide a bank account number where AporVino will deposit the reimbursement. If the customer does not provide a bank account for reimbursement, AporVino will hold the funds until the customer provides it. A manifest error is understood to be one in which the price of the product is 30% lower, or more, than the average market value.
5. Product payment system
Payment of the goods purchased and the shipping costs, which will appear on the screen, can be made via bank transfer, Cash on Delivery, credit or debit card via PayPal’s system, and other payment systems that may be indicated at all times on the Website.
To proceed to payment, the User must follow the instructions on the screen according to the chosen payment system.
As electronic payment system, AporVino uses PayPal’s e-commerce payment gateway. All data provided for this purpose is encrypted under the SSL (Secure Socket Layers) protocol to ensure maximum security.
The User shall notify AporVino, via [email protected], in the shortest time possible, any improper or fraudulent charge to the account provided for purchases on the Website, so that AporVino can arrange appropriate actions.
6.- Shipping and delivery costs
The shipping costs of the USER'S orders shall be borne by the USER, unless expressly stated otherwise.
AporVino will indicate the price of delivery costs during the order process; these costs must be approved by the USER prior to acceptance of the order, unless they are included in the price. AporVino will indicate to the USER beforehand in the purchase process any additional costs incurred in the contracting process.
AporVino will inform the CUSTOMER of the estimated delivery times of the order during the purchase process. The delivery times indicated in the order are only an estimate and refer to working days. AporVino will process the order placed by the USER within a maximum of 48 working hours from the date of payment of the order, except in some specific cases in which AporVino specifies that additional days are necessary for the preparation of the order or for the purchase of the products. AporVino shall not be held responsible for delays in addition to the estimated delivery time.
It is the responsibility of the USER to check the order at the time of delivery and to make any claims he/she deems justified, such as product breakages or missing products. In the event that the USER does not indicate to the carrier at the time of delivery and in the relevant document (delivery note) any anomaly with the order received (breakage, lack of goods, wrong products), AporVino shall not be liable for any claims or costs arising from a subsequent claim. AporVino may request, in the event of any claim by the USER due to an incident in the delivery, photographs to confirm the claim.
Orders will be delivered to the delivery address freely designated by the USER on the order form, provided that the address is included in the delivery areas included in the Platform. For this purpose, USERS are informed that we do not accept a post office box as a delivery address, in which case the USER will be informed in advance of this circumstance and the order will be cancelled unless the USER can offer an alternative address in the same locality. AporVino shall not assume any responsibility when the delivery of the product does not take place as a result of inaccurate or false information provided by the USER for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the addressee.
The order will be delivered as soon as possible and, in any case, always before thirty (30) calendar days from the date of order confirmation with the exception of sales to the advanced or primeur that will be delivered once the winery makes the wines available to AporVino. Although the approximate delivery time is stated in the order, AporVino reserves the right to change this period, provided that the USER is informed in advance. The delivery time stated in the order is for information purposes only and is not contractual. Whenever the product has not been shipped and/or the total delivery time from the date of payment of the order exceeds 30 calendar days, the USER may cancel their order free of charge and receive a refund.
Deliveries are made on working days (Monday to Friday) and during business hours (from 9am to 7pm). On a voluntary basis, some agencies may accept deliveries before or after these hours. Unfortunately, deliveries are not offered on weekends or outside business hours and on weekends or holidays regardless of whether the USER requests these options in their order or in any communication to the AporVino team.
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7. Cancellation and return
Orders may be cancelled free of charge up to the moment the shipment has been prepared for dispatch to the USER. If the USER's cancellation request arrives after the order has been prepared, the cancellation request will be considered a return by the USER.
The USER may freely withdraw from the purchase contract, without stating reasons, within fourteen (14) calendar days from the date of receipt of the product. The date of the receipt certifying delivery of the product will serve as the starting point for calculating the aforementioned period of fourteen (14) days.
To exercise the right of withdrawal, the USER must communicate this to the e-mail address [email protected], indicating for identification and management purposes the e-mail address used for the purchase and the order number. AporVino will reply to the USER specifying the precise instructions for exercising the right of withdrawal. Likewise, the USER may use the cancellation form model that we make available through the following link: https://drive.google.com/open?id=1vChcilWwMMvkokuzW8Y3FOfnTPWwaC7e
The USER will be responsible for the costs and other formalities associated with the return of the product, which must be packaged and sent securely, so that the returned goods arrive in perfect condition. The USER will be responsible for any damage or loss suffered by the product in this process.
AporVino, in the case of cancellation of the order, will refund the total order minus the collection costs that AporVino will usually manage through the same payment method used by the USER to purchase the product within a maximum period of FOURTEEN (14) calendar days from the verification of the correct condition of the product sent by the CUSTOMER to AporVino.
AporVino will only accept the return of the product when the use of the product has been limited to the mere verification of the proper functioning of the product by the USER, in accordance with current legislation.
AporVino will not accept the return of any product that suffers damage attributed to the CUSTOMER.
The product must be returned in its original packaging and in perfect condition, i.e. not damaged or soiled by the CUSTOMER, and will be sent to the place indicated by AporVino in the instructions sent to the CUSTOMER. Likewise, the packaging must be fully and completely identified in order to know who the sender is. If the goods are not sent in the conditions described in these terms, they will be subject to a depreciation that the CUSTOMER will have to pay for.
There is no right of withdrawal in the cases contemplated in article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users. In an enumerative but not limiting way, it is not possible to return personalised or perishable products. Notwithstanding the above, in case of doubt, the CUSTOMER may contact AporVino beforehand.
In case of error in the shipment or any defect in the product, AporVino undertakes to exchange the defective product for another one as long as it is available and when no more than 15 days have passed since delivery in the case of products that are likely to spoil if not stored in the correct conditions. AporVino will pay the return and shipping costs. In the event that the exchange cannot be made, the amount of the product will be refunded within 14 calendar days. To return a product, please contact us by telephone on 911 888 958 or by e-mail at [email protected]
8. Modification of these General Conditions
AporVino reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Conditions. Users will always have these General Conditions in a visible place, freely accessible for any queries they may wish to make. Users undertake to read these General Conditions carefully each time they access the Website shop. In any case, the acceptance of the General Conditions will be a prior and indispensable step to the contracting of any product available through the Website.
9. Communications between AporVino and the User
All communications between AporVino and the User regarding these General Conditions or the purchase of products through the Website shall be made by e-mail in writing, via the e-mail address [email protected], and in accordance with the communication methods established in these General Conditions for each particular case.
10. Completeness of the General Terms and Conditions
These General Conditions and Legal Notices constitute the express and sole will of AporVino and the User in relation to its object and invalidate and replace any other agreements or contracts, verbal or written, reached by the parties previously.
11. Partial invalidity
In the event that any Clause of these General Conditions is declared null and void, it will be withdrawn or replaced. In any case, such declaration of invalidity shall not affect the validity of the remaining provisions of these General Terms and Conditions.
These General Conditions are governed by and interpreted in accordance with Spanish law. In the event of any kind of discrepancy or claim between the parties in relation to the fulfilment or content of these General Conditions, the parties agree to submit the decision of the matter raised to the competent Courts and Tribunals in accordance with the legislation in force.
The European Commission offers a platform for alternative dispute resolution, which any consumer can access at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm. For further information, please contact [email protected]