General terms and conditions

GENERAL TERMS AND CONDITIONS

1. ACCEPTANCE AND AVAILABILITY
The present conditions regulate the legal relationship derivative of the purchase process carried out by the user through the webpage Friedrich Schatz (Bodega F. Schatz). The user explicitly accepts the present clauses in the version published by Friedrich Schatz (Bodega F. Schatz), at the time the user contracts the product in which they are interested. Therefore, the user commits to carefully reading the terms and conditions each time a product is contracted, given that the conditions are subject to modification following the previous agreement.
Through the acceptance of the present terms and conditions, the user declares:
• a. that he/she is able to contract this service, and is therefore over 18 years old
• b. that he/she has read and accepts the present terms and conditions
The user will, at all times and in any circumstance, prior to the start of the procedure, have access to the terms and conditions, which may be stored or reproduced in a durable format. Once the user contracts the product, they will receive an email confirmation of the contracted products along with the terms and conditions which control the contractual relationship. When contracting any product, the user explicitly accepts that the copies and confirmations required by Article 99.2 of the Royal Legislative Decree 1/2007, 16th November, will be sent via email.
2. NATURE OF THE CONTRACT
Through this contract, Friedrich Schatz (Bodega F. Schatz) with address ____ in Ronda and ID number X0302469L, sells to the client (any person with whom Friedrich Schatz signs any trade contract from his website) who buys from Friedrich Schatz (Bodega F. Schatz) the product specified in the bill/delivery note/order. “Contract” is understood as the operation of buying/selling that is executed by means of this document. “Product” is understood as the purchased merchandise.
3. PRICE
The prices of our products are shown in euros and include Value Added Tax (VAT) according to the product.
Friedrich Schatz (Bodega F. Schatz) reserves the right to modify these prices at any moment, but products will be billed on the basis of the current rates at the time the order is made.
We do not take responsibility for any typographical or arithmetical errors that may appear on the page.
4. AVAILABILITY
Our offers and prices are valid whist they are listed on the website, and always according to available stock.
We reserve the right to designate a maximum number of bottles of each wine per client. These designations will be made strictly in the order they are requested.
Normally we only offer products that we have in stock. For the products that are not found in the storerooms, our offers are valid on the condition that the product is available from our suppliers. Within this framework, information on availability of products at the time each order is processed will be provided.
In the case that the product is not available for ordering, the buyer will be informed by email or by telephone, and the order may be accepted or cancelled. In any case, the client will receive a partial or complete refund within a maximum of ___ hours.
5. PAYMENT
The payment of the product will be completed online through VISA or MASTERCARD credit card payments, or through the Friedrich Schatz (Bodega F. Schatz) platform.
Friedrich Schatz (Bodega F. Schatz) will deliver the corresponding bill to the client when the client has completed the contract information. The bill will be delivered physically with the order. The payment by credit card will be deducted at the time of the sale.
All sales transactions are carried out through a strict confidentiality framework. This way, Friedrich Schatz (Bodega F. Schatz) guarantees the confidentiality of information provided by the client through means of encryption, avoiding communications with third parties, as stipulated in Law 15/99 of the Protection of Personal Data. To reinforce security and to verify the reliability of the information provided during the ordering process, the business may randomly demand supplementary data from the client (such as ID card, or proof of address from within the last 3 months), which prove that the transaction has been carried out by the cardholder. The document must be sent within 5 working days, and Friedrich Schatz (Bodega F. Schatz) reserves the right to issue an order refund if the requested documentation is not received, or is invalid.
Equally, Friedrich Schatz (Bodega F. Schatz) reserves the right to cancel or refuse any order from a customer with whom he has a dispute regarding payment of a previous order.
In the moment in which the “ACCEPT” button is pressed during the order confirmation, the bank verifies the validity of the credit card number and confirms that it is not blocked.
Friedrich Schatz (Bodega F. Schatz) does not, in any circumstance, have access to the client’s bank details, nor does he save them in his server. For this reason, they will be demanded each time a new transaction is carried out on our website. This allows double protection against misuse and fraud.
6. DELIVERY
Delivery dates depend on the periods indicated in the section “delivery conditions”.
Dispatch dates for an order vary for each sale and are indicated in the delivery conditions.
Products are sent to the address indicated by the client when the order is placed. So as to optimise delivery, the buyer is invited to indicate an address to which the order can be delivered on working days Monday to Friday, between 8:30 and 19:00.
In the case that there is nobody home to receive the package when the driver attempts to deliver it, he will leave a note stating that the attempt has been made. Please contact the transport agency as soon as possible by means of the telephone number that can be found on the note, so as to arrange another delivery.
If, upon the second delivery, there is nobody to receive the package, another note will be left stating that a second delivery attempt has been made. Form then onwards, the order will remain in the transport agency office for 15 days. Following this, the order will be returned to our storeroom.
Upon receiving your package, you should:
• 1. Check the goods received at the time of delivery.
• 2. Note any anomaly on the delivery note, stating your doubts and including your signature.
• 3. Transport providers do not allow the return of the goods if the customer opens the package in their presence, but the box can be checked from the outside and if it is damp or wet, do not accept the order. We will be notified of the incidence and will automatically send a new shipment to you, at no cost.
Friedrich Schatz (Bodega F. Schatz) does not assume responsibility for the consequences of any potential delays in delivery.
7. CANCELLATIONS AND REFUNDS
Orders can be cancelled free of charge until the moment when the delivery is carried out. If we receive notice of cancellation after the package has been sent, a refund may be considered. Refunds may take up to 7 calendar days from receipt of the product, according to the following specifications:
The right to a refund may not be exercised when there are signs that the products have been opened, manipulated or exposed to unsuitable conditions. It is obligatory to return the products with the correct protection, in their original packaging and in perfect condition for resale.
Any product lacking any elements of returns identification information (name, address, order number) will not be accepted. The return of ordered products will result in the reimbursement of all sums paid by the user.
Returns costs will be paid by the user.
This does not include returns which are made due to an error on our part, or a fault with the product. In such a case, Friedrich Schatz (Bodega F. Schatz) commits to changing the faulty product for another identical one, or to refunding the cost. He will also pay returns costs and subsequent delivery.
To complete a return, get in contact with us by telephoning 952 or by completing the attached form, properly completed, and sending it to the email address bodega@f-schatz.com. The user will receive an email confirming the receipt of the returns request.
We will not accept any exchanges or returns without prior notice.
8. SECURITY AND CONFIDENTIALITY
Friedrich Schatz (Bodega F. Schatz) complies with the provisions of the Constitutional Law 15/1999, 13th December, of the Protection of Personal Data and the rules on Services Information Society and Electronic Commerce, by which he has taken the administrative and technical procedures to ensure the security of the personal data collected.
At the time that the client makes the order, their personal, domiciliary and payment data are integrated into our database. This information is used solely for the purpose of processing the order and sending information about offers and services from the group’s companies that may be of interest to our clients. Friedrich Schatz (Bodega F. Schatz) guarantees the confidentiality of the data provided by our clients, given that the personal data requested is strictly that which is necessary.
Friedrich Schatz (Bodega F. Schatz) promises to not use this data for any other purpose than the agreed, and to not to hand it over or sell it to third parties outside of the group’s companies in any circumstance. In any case, Friedrich Schatz (Bodega F. Schatz)’s clients may in any moment exercise rights to access, alteration, cancellation and public examination, communicating these wishes to bodega@f-schatz.com.
In this way, the user remains informed and gives consent for the incorporation of their data into the automated files, owned by Friedrich Schatz (Bodega F. Schatz), with his registered office in Ronda, c/___, properly listed before the General Register of the Protection of Personal Data. The user also consents to the automated processing of their data following enquiries, applications or the contracting of any service, or any transaction or operation carried out to access information and services provided by Friedrich Schatz (Bodega F. Schatz) through the webpage. The data may also be used, if necessary, for the maintenance of the contractual relationship and for sending offers, or advertising and promotional communications from within the group of companies.
The user states that all information provided is true and correct, and he/she commits to communicating with Friedrich Schatz (Bodega F. Schatz) regarding any changes that may occur within this information. The user has the right to oppose the processing of any information that is not essential to honour the contract, and also to oppose the use of this information for any objective other than the maintenance of the contractual relationship.
The privacy policy provided by Friedrich Schatz (Bodega F. Schatz) guarantees the user the opportunity to exercise their right to access, alteration, cancellation and public examination of their data in any circumstance, by notifying Friedrich Schatz (Bodega F. Schatz) through sending an email to his email address bodega@f-schatz.com.
Additionally, in accordance with Law 34/2002 of the Information Society and Electronic Commerce Services, Friedrich Schatz (Bodega F. Schatz) will exclusively send advertising and promotional offers and communications by email, or through another equivalent means of electronic communication, to those users that have specifically granted their consent.
Friedrich Schatz (Bodega F. Schatz) informs the user that he/she can unsubscribe from this type of communications, by following the instructions that appear at the end of all our emails, or by written communication to the email address.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
a. Obligations of Friedrich Schatz (Bodega F. Schatz):
Provide the user with the requested service with maximum guarantees, as stated by the contracting conditions, providing all contractual identification.
Specifically inform the user of the existence of the present conditions, in advance, at the beginning of the contracting process.
Inform the user of the contract in advance, ensuring that the specific characteristics of the requested services, such as prices and taxes, are explained in a specific, clear, precise and unambiguous way.
Provide the user with a copy of the general terms and conditions.
b. Obligations of the user:
For their part, the user commits to:
Fully comply with the provisions established for the services provided by Friedrich Schatz (Bodega F. Schatz), completing registration forms prior to the start of the contracting process with information that is true and up-to-date.
Correctly provide bank details requested by Friedrich Schatz (Bodega F. Schatz) and pay the price of the purchased products. In the case that the user does not present a complaint, he/she is not exempt from this obligation.
c. Rights of the user:
All of the information provided to the client is binding for the offeror, in the terms established by current legislation.
Every user has the right to the goods he/she purchases if they are of the contracted status and legal requirements, or they are of such a quality that remains directly proportional with the status of the establishment.
10. VALIDITY PERIOD FOR THE PRESENT CONDITIONS
The validity period for the present conditions will be the time that they remain published on the webpage, and they will apply to services purchased from the moment that they become available.
In any case, Friedrich Schatz (Bodega F. Schatz) reserves the right to modify the conditions unilaterally without affecting the services contracted by the user prior to modification, except in those cases in which the user has changed or modified the contracted service. In that case, the current conditions will be applied at the time of the change and/or modification.
11. NULL AND VOID CLAUSES
If any clause included in these conditions is declared completely or partially null or invalid, that nullity will only affect that ruling, or the part of which is null or invalid, leaving all other conditions unaffected.
12. NAVIGATION, ACCESS AND SECURITY
The access and navigation of this website means to accept and recognise legal warnings, conditions and terms of use. Friedrich Schatz (Bodega F. Schatz) makes maximum efforts so that the navigation can be carried out in the best conditions and avoids any form of harm that may occur.
Friedrich Schatz (Bodega F. Schatz) will not be held responsible for harm caused, of any nature, which may occur to users through the use of other browsers or different browser versions than that for which the webpage has been designed. Access to this website is carried out in an unsafe setting, through which the information is transmitted un-coded.
Access to this website may involve the use of cookies. Cookies are small quantities of information that accumulate in the user’s browser, so that the server remembers certain information that may subsequently be used exclusively by that same server. Cookies generally have a limited life. No cookie from this website allows contact through the user’s telephone number, email address or any other means of contact. No cookie from this website is able to extract information from the user’s hard drive or steal personal information. On this website, the only way that a user’s private information forms part of the cookie archive is if the user gives this information to the server personally. Those users who do not wish to receive cookies or who wish to be informed of their attachment can configure their browser to that effect.
Friedrich Schatz (Bodega F. Schatz) will not be held responsible nor guarantee that access to this website will be uninterrupted or that it will be free of errors; nor will he be held responsible nor guarantee that the content of the software that may be accessed through this website will be free of error or harm. Friedrich Schatz (Bodega F. Schatz) will not be held responsible in any case for losses or harm of any kind that emerge through the access and use of this website, including but not limited to those caused to IT systems or those caused by the introduction of a virus. Friedrich Schatz (Bodega F. Schatz) will not be held responsible for harm to the user that may occur through misuse of this website.
13. INTELLECTUAL PROPERTY
All information contained within www.f.schatz.com such as graphic design and coding are protected by the rights of the author and other protection rights of the Royal Legislative Decree 1/1996, 12th April, for which the Revised Text of the Intellectual Property Law was passed. These rights belong exclusively to Friedrich Schatz (Bodega F. Schatz) or his licensors, thus any act of reproduction, distribution, transformation or public communication is strictly prohibited, as well as any form of transfer of all or part of the contents of this site, and in general the transfer of any object that is protected by intellectual property rules under the current legislation.
All the contents of this website and all the content available through offered services, including designs, text, graphics, images, video, information, applications, software, music, sound and other archives, as well as their selection and availability, are exclusive property of Friedrich Schatz (Bodega F. Schatz) or his licensors, all rights reserved. No part of the contents of the website may be modified, copied, distributed, framed, reproduced, republished, downloaded, extracted, displayed, transmitted or sold in any form or by any means, in full or in part, without the prior written consent of Vilavinteca.com. Each time the user is authorised to use the website, Friedrich Schatz (Bodega F. Schatz) grants a limited licence to use and access the website and its contents and to legally download said contents for personal use, not commercial, provided that all warnings about the author’s rights and intellectual property remain intact. The contents of the website cannot be uploaded or republished on any Internet, Intranet or Extranet site, nor can the information be incorporated into databases or compilations. Any other use of the contents of this website is strictly prohibited.
14. REGISTERED TRADEMARKS
All trademarks and logos displayed on this site are property of Friedrich Schatz (Bodega F. Schatz) or third companies. The use of any element of www.f.schatz.com without prior consent is strictly prohibited, as it is a protected object in accordance with the current legislation concerning industrial property. Particularly trademarks, commercial names, shop signs, trade names, logos, slogans or any type of distinctive mark belonging to Friedrich Schatz (Bodega F. Schatz) may not be used without written permission from Friedrich Schatz (Bodega F. Schatz) or a third company.
15. LEGAL PROCEEDINGS
Friedrich Schatz (Bodega F. Schatz) reserves the right to take appropriate legal action against users who violate or infringe the rights of intellectual and industrial property.
16. APPLICABLE LAW AND JURISDICTION
The present contract is regulated by Spanish legislation that applies to that which is not covered in the contract, in matters of interpretation, validity and execution. Any controversies that derive from contracting these products through this website will be subjected to the relevant judicial bodies determined by the Law.