1.- PURPOSE AND SCOPE OF APPLICATION
1.1.- The purpose of these General Contracting Conditions is to regulate the relationship between Cillar de Silos, S.L. (hereinafter, “Cillar de Silos”) and you (hereinafter, “Client”), in relation to the online sale of the products that we offer on the web www.cillardesilos.es(hereinafter, the “Website”).
1.2.- Supplier is a legally constituted Spanish company domiciled at Paraje el Soto S/N – 09370 – Quintana del Pidio – Burgos, Spain, with CIF B09290917 and registered in the Mercantile Registry of Burgos, Volume 329, Book 120, Section 8 of Companies , Folio 47, Sheet BU-4204, entry 1, with telephone number 947545126 and contact email address firstname.lastname@example.org.
2.- USE OF OUR WEBSITE
2.1.- By using this Website and/or placing orders through it, the Customer agrees to:
a) Make use of the Website only to make legally valid queries or orders.
b) Not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the competent authorities.
c) Provide your identification and contact information truthfully and accurately.
2.2.- By placing an order through this Website, the Client declares that they are over 18 years of age and have the legal capacity to enter into contracts. If you do not comply with these conditions, you must not use this Website.
2.3.- The use of this Website to place orders is limited solely to natural or legal persons who, in accordance with the applicable legislation, have or acquire the status of consumers or users.
2.4.- Placing an order through this Website implies unreserved acceptance of these Conditions. It is the Customer’s responsibility to review the current version of the Conditions before placing their order. We reserve the right to modify these Conditions, not having said modifications retroactively.
2.5.- We reserve the right to deny and/or withdraw access to this Website, at any time and without prior notice, to those users who fail to comply with these Conditions.
2.6.- Orders through this Website will be formalized in Spanish. Although the text of the website may appear in different languages, the content of these conditions will always have Spanish as a reference.
3.- AVAILABILITY OF THE SERVICE AND PRODUCTS
3.1.- The products offered through this Website are only available for shipment to Spanish territory, except for the Canary Islands, Ceuta and Melilla (hereinafter, the “Territory”), that is, Peninsula and Balearic Islands. For shipments to currently undefined territories, you can consult the winery at the following email from email@example.com
3.2.- All product orders are subject to product availability. If the product is not available, it will be indicated on the website as a product temporarily unavailable, but if by our mistake the order has been completed despite not having it available, we will refund any amount that may have been paid.
3.3.- We reserve the right to withdraw any product from this Website at any time, as well as to modify and update our product catalog.
4.- PURCHASE PROCEDURE
4.1.- To place an order on this Website, the user must be duly registeredand access with your login and password to follow the online purchase procedure that will be indicated, during which you will select the products and units of your choice and add them to the shopping basket or cart. Once you have finished your selection, you can click on the “FINISH ORDER” button to continue the purchase process.
4.2.- Next, the Client will complete the details of the shipment including the desired delivery address (either his personal address, that of his workplace or that of another recipient), as well as the means of payment of his choice among those available in the Website at all times.
4.3.- This Website offers the details of all the items that the Customer has added to his basket during the purchase process, so that, before making the payment, the Customer must check if the order data is correct and, where appropriate, , modify the corresponding data, correcting the initial order if you have made an error in the product or in its quantities.
4.4.- Next, the Customer will press the button «Order with payment obligation» or analogous as «PAY» to complete the purchase process, after which he will receive an email confirming that we have received his order (hereinafter, “Order Confirmation“) . If the Client does not receive the Order Confirmation within 24 hours of placing the order, they must notify us via the email address firstname.lastname@example.org.
4.6.- In the event that, once an order has been placed, the Customer finds that it contains an error, they must notify us immediately and at the latest within the period of 2 hours from placing the order through our email address email@example.com. We cannot guarantee the modification of the order in accordance with your indications once this period has passed, since the order preparation process will have already begun.
4.7.- Once the purchase procedure has finished, the Client consents that the Website generates an electronic invoice that will be available for download in his personal space on this Website (provided that he provides us with his fiscal data), although he may indicate his wish to receive a paper invoice through our email address firstname.lastname@example.org.
4.8.- The electronic documents in which the orders are formalized will be archived by the Supplier, and the Client may access them through their account.
5.1.- Except in those cases in which there are unforeseen or extraordinary circumstances and delivery times vary depending on the destination, the stock available for each product requested, and the day of the week and the time at which the order is placed.
As a general rule, the deadline for a delivery in mainland Spain is 24/48 hours provided that the purchase has been made before 1:00 p.m. and that all the products are available in stock at that time.
for the Balearic Islands, delivery takes between 4 and 6 days. The deadlines are indicated in working days and always subject to payment.
For other destinations, you must consult it in the winery through the enabled email: email@example.com
In accordance with the LGDCU, in any case, the delivery will always be within a maximum period of 30 calendar days from the date of the Order Confirmation.
In order to optimize the delivery process, the address provided by the Customer must be an address to which delivery can be made within normal business hours. We will not be responsible for errors or damages arising from the delivery, when the delivery address entered by the Customer does not match the desired delivery location.
5.2.- If for any reason we could not meet the maximum delivery time, we will inform the Customer of this circumstance and give him the option to continue with the purchase, establishing a new delivery date, or to cancel the order, with a full refund of the price paid. In any case, deliveries are made on working days.
If you need to place urgent orders, let us know by email and we will try to please you, but the difference in price between standard shipping and the new urgent mode must be assumed by you without excuse.
5.4.- If it is impossible to make the delivery of the order due to the absence of the Client, the order may be returned to the warehouse. However, the carrier will try to leave a notice with the instructions to follow for collection (hence it is necessary to provide a contact telephone number in these cases). In any case, the Client will have a maximum period of 30 calendar days to pick up their order, counted from the time it is available for delivery. If after this period the Client has not picked up the order, we will understand that he wishes to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will reimburse the Customer for the difference between the price paid for the order and the reasonable expenses caused by the failed delivery, storage costs and the return of the order. The reimbursement of said difference will be made as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which, in accordance with the provisions of this clause, the contract is considered terminated.
5.5.- For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the Client or a third party indicated by the Client acquires material possession of the product object of the order, which will be accredited by signing the receipt of the same at the agreed delivery address or, in case of unavailability of the recipient at the agreed place of delivery, on the date of attempted delivery consigned by the courier service in charge of the delivery.
5.6.- In the case of delivery of an order that presents visible defects in the outer packaging, the Client must not sign the delivery note as compliant, but make a claim to the carrier on the spot by including a written reservation on the delivery note.
5.7.- At the time of formalizing the order, the Customer can indicate a delivery address and another billing address when requesting their invoice.
6.- TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
6.1.- The risks of the products will be borne by the Client from the moment of their delivery or, if this is not possible for reasons attributable to the Client, from the moment of making them available at the agreed place of delivery.
6.2.- The Customer will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery if it takes place at a later time.
7.- PRICE AND PAYMENT
7.1.- The prices applicable to each product are those indicated on the Website on the date of the order, including VAT (Value Added Tax), in accordance with the provisions of the current regulations governing said tax.
7.2.- The shipping costs are broken down in your order automatically by the system as shown on the Website. These expenses may vary regularly depending on the rates applied by the different carriers for each destination, being the current ones based on the number of bottles in your order.
|Number of bottles||Shipping costs|
|Other quantities consult||–|
From €200of purchase the shipping costs will be free
7.3.- We reserve the right to change prices, but any changes will not affect orders for which we have sent an Order Confirmation.
7.4.- The Client may make the cash on delivery payment at an additional cost of €3.5, by means of Visa and MasterCard credit or debit cards or through the Bizum system. By clicking on the “Order with obligation to pay” button, the Customer confirms that the payment method used is theirs or that, where appropriate, they are the legitimate owner of the card used.
7.5.- In order to enter the details of a card, the Client must have the right to use them and said card or account must have sufficient funds to cover the possible payment. The Client is responsible for ensuring that all the data provided for the purpose of purchasing products is correct.
7.6.- If you have a discount or coupon code, you can apply it in the purchase process, discounting the value of said code or coupon from the price of the product. In case of withdrawal or return, this will be made for the value paid at the time of purchase, that is, taking into account the discount or coupon if it has been used.
8.- RETURNS AND EXCHANGES POLICY
- Right of withdrawal
In accordance with current regulations, the Client who contracts as a consumer or user may withdraw from the contract, without the need for justification, within a period of 14 calendar days from the date of delivery of the product on which the Client, or a third party for he indicated other than the carrier, acquired material possession of it.
The right of withdrawal may notbe exercised in the following cases:
- About bottles that have been opened or unsealed
- Nor can the right of withdrawal be exercised in the case of products made according to the consumer’s specifications or clearly personalized.
Notice of withdrawal
To exercise the right of withdrawal, the Client must notify us of his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). To do this, you can use the withdrawal model with the necessary content and that we include at the end of this document, although the use of this model is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by the Client of this right is sent before the corresponding period expires.
To notify us of your decision to withdraw, we make the following contact details available to the Client:
Supplier Name: Cillar de Silos
Mailing address: Paraje el Soto S/N – 09370 – Quintana del Pidio – Burgos, España
Consequences of withdrawal:
In case of withdrawal by the Customer, you must bear the return costs that the withdrawal implies and in turn we will return all payments received from the Customer, including the initial delivery costs (with the exception of the additional costs resulting from the choice by part of a delivery method other than the least expensive method of ordinary delivery that we offer), without undue delay and, in any case, no later than 14 calendar days from the date on which the Client informs us of his decision to withdraw from the contract. We will proceed to make said reimbursement using the same means of payment used by the Client for the initial transaction, unless the Client has expressly provided otherwise; in any case, we will not incur any expenses as a result of the reimbursement.
We may withhold the refund until we have received the product at our facility.
The Customer must bear the direct cost of returning the products.
The Client will only be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the products.
In cases where the Client considers that, at the time of delivery, the product does not conform to what is stipulated in the order, the product has a defect or defect or simply an unrequested product has been delivered by mistake, he must contact us immediately through our contact addresses, indicating the identification data of the order and Order Confirmation to which it refers, and specifying the defect or tare that it presents or, where appropriate, the error between the original order and received it.
It is advisable to take photographs that show the tare or defect so that we can begin to assess it from the outset.
Once we receive your communication, we will contact you as soon as possible to inform you of the date on which a courier will appear at the address you indicate to pick up the product.
After the removal of the product, we will proceed to examine it carefully and we will notify you by email as soon as possible if it is appropriate to estimate your claim for product conformity defect, in which case we will proceed, at our expense, within a reasonable period of time, to repair or replace the product. product.
The Customer may choose between repair or replacement unless one of these options is objectively impossible or disproportionate in accordance with current regulations (Royal Legislative Decree 1/2007 approving the General Law for the Defense of Consumers and Users; hereinafter LGDCU).
The return costs and the new shipment will be paid by us in case of replacement.
When in accordance with the LGDCU the Client could not demand repair or replacement and in cases in which these had not been carried out within a reasonable period of time, the Client may choose between the termination of the contract or the price reduction, in accordance with to the criteria established in the LGDCU.
In case of termination of the contract, the amounts that would have been paid for those products that are returned due to some defect, defect or error, will be fully reimbursed, including the delivery costs incurred to deliver the product and the return, if These would have already been paid by you. The refund will be made in the same means of payment used to pay for the purchase.
9.- CLAIMS MANAGEMENT
9.1.- The Client can send us their complaints or claims through the means of contact indicated in clause 1 of these Conditions. We will try to respond to said complaints or claims as soon as possible.
9.2.- Likewise, we inform you that, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, you have the right to request an out-of-court resolution of consumer disputes, being able to access said method through the website: https://ec.europa.eu/consumers/odr/.
10.- PERSONAL DATA PROTECTION
11.1.- By using this Website, you agree that most communications with us are electronic. For contractual purposes, the user consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send electronically comply with the legal requirements of being in writing.
11.2.- The user can send notifications and communicate with us through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
12.- CAUSES OF FORCE MAJEURE
12.1.- We are not responsible for failures, impediments or delays in the fulfillment of an order attributable to events beyond our reasonable control (hereinafter “force majeure”), including without limitation any natural disaster, civil unrest, war, national emergencies, terrorism, piracy, strikes, lockouts, epidemics/pandemics, accidents, non-existence or problems with the supply of public services (including incidents with the electricity, telecommunications or internet supply), shortages or non-existence of supplies, materials, equipment or transport, etc.
12.2 Either party may terminate an order by written notice, if the force majeure causes do not cease within 30 business days. In such case, neither party will be responsible for the termination (except in relation to the refund of the amount of a product paid for, but not delivered).
13.1.- No waiver on our part of a specific legal right or action or the lack of requirement of strict compliance by the Client of any of its obligations will imply neither a waiver of other rights or actions derived from an order or the Conditions, nor will it exonerate the Client. of the fulfillment of its obligations.
13.2.- No waiver by us of any of these Conditions or of the rights or actions derived from an order will take effect, unless it is expressly established that it is a waiver and communicated to the Client in writing.
14.- PARTIAL NULLITY
If any of the clauses of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
15.- ENTIRE AGREEMENT
These Conditions and any document referred to in them constitute the entire agreement between the Client and us in relation to the object of the order/contract, and replace any other pact, agreement or previous promise agreed between the Client and us, orally or in writing.
16.- APPLICABLE LAW AND JURISDICTION
16.1.- The access, navigation and/or use of this Website and the orders of products through it will be governed by Spanish legislation.
16.2.- The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the competent Courts and Tribunals of the Client/user’s domicile.
Likewise, consumers may submit their claims through the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: https://ec.europa.eu/consumers/odr/.
Last update: 05/24/2021.