General terms and conditions of sale | Bodegas Ignacio Marín

I. General Conditions of Sale

1. General information

The ownership of this website https://ignaciomarin.es, (hereinafter Website) is held by: Bodegas Ignacio Marín S.L., with NIF: B99355521 and registered in: , and whose registry details are: , and whose contact details are:

Address: Cam. de las Vaquerizas, S/N, 50400 Cariñena, Zaragoza (Spain) Contact telephone: 976621129
Contact email: comercial@ignaciomarin.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://ignaciomarin.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Bodega Ignacio Marín carries out through the Website includes:

Marketing of wine lots

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of Bodega Ignacio Marín. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, and if you do not agree to all of the above, you should not use this Website.

You are also advised that these Terms and Conditions may be subject to change. The User is responsible for consulting them every time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. The user

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations. compliance on a case-by-case basis.

The User assumes responsibility for the correct use of the Website. Esta responsabilidad se extenderá a:

Use this Website only to make legally valid enquiries and purchases or acquisitions.
Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. Bodega Ignacio Marín makes no representation that the Website complies with the laws of other countries, either in whole or in part. Bodega Ignacio Marín declines all liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.

The User may formalise, at his/her choice, with Bodega Ignacio Marín the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. Purchase or acquisition process

Users may make purchases on the Website by the means and in the manner provided for. They should follow the online shopping and/or purchasing procedure of https://ignaciomarin.es, during which various products and/or services can be selected and added to the shopping cart, basket or final shopping space and finally click on: \”Buy now”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

Subsequently, the User will receive an e-mail confirming that Bodega Ignacio Marín has received his/her order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Bodega Ignacio Marín using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of the product and/or service on the page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the placing an order for purchase or acquisition constitutes full and complete acceptance of the specific conditions of sale applicable to each case.

The communications, purchase orders and payments involved during the transactions carried out on the Website may be filed and kept in the computerised records of Bodega Ignacio Marín in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the applicable laws and regulations in force in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

4. Availability

All purchase orders received by Bodega Ignacio Marín through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Bodega Ignacio Marín undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. Prices and payment

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Bodega Ignacio Marín provides delivery and/or shipping services through: .

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted means of payment are: Credit or debit card.

Bodega Ignacio Marín uses all means to guarantee the confidentiality and security of the payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to verification and authorisation by the issuing bank. If the issuing bank does not authorise payment, Bodega Ignacio Marín will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.

Once Bodega Ignacio Marín receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, place established.

In any case, by clicking on “Buy now” the User confirms that the payment method used is his own.

6. Delivery

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, for which it is responsible, Bodega Ignacio Marín is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Bodega Ignacio Marín to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Bodega Ignacio Marín, Bodega Ignacio Marín will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded to the User, with the exception of any additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and in any event not later than 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Bodega Ignacio Marín receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount paid by Bodega Ignacio Marín.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be deemed to be located in the Spanish VAT territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at any given time depending on the specific item in question.

7. Technical means to correct errors

The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Bodega Ignacio Marín through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Furthermore, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on “Buy now”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. Returns

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the goods purchased on the Bodega Ignacio Marín Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

In order to exercise this right of withdrawal, the User must notify Bodega Ignacio Marín of his decision. You may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Bodega Ignacio Marín makes available as an annex to these Conditions, however, its use is not obligatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Bodega Ignacio Marín will reimburse the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and,

in any case, no later than 14 calendar days from the date on which Bodega Ignacio Marín is informed of the User’s decision to withdraw.

Bodega Ignacio Marín will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Bodega Ignacio Marín may withhold such reimbursement until it has received the products or articles of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User can return or send the products to Bodega Ignacio Marín at: Cam. de las Vaquerizas, S/N, 50400 Cariñena, Zaragoza (Spain)

Y deberá hacerlo sin ninguna demora indebida y, en cualquier caso, a más tardar en el plazo de 14 días naturales a partir de la fecha en que Bodega Ignacio Marín fue informado de la decisión de desistimiento.

The User acknowledges being aware that he/she shall bear the direct cost of returning (transport, delivery) of the goods, should any be incurred. Furthermore, he shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated 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 and other complementary laws. By way of example, and not exhaustively, this would be the case for: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery; supply of digital content without physical support.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Bodega Ignacio Marín, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact Bodega Ignacio Marín immediately and inform them of the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred in order to return the product. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, Bodega Ignacio Marín being liable, therefore, for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Bodega Ignacio Marín and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally put; and they present the usual quality and features of a product of the same type and which are fundamentally to be expected of the same. If this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and are therefore part of the individual appearance of the product, and are not a defect.

On the other hand, it may be the case that the User purchases on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the three years following the delivery of such products. For this purpose, the User must have retained all information relating to the guarantee of the products.

9. Exemption from liability

Unless otherwise provided by law, Bodega Ignacio Marín accepts no liability for the following losses, regardless of their origin:

any losses which were not attributable to any breach by it;
business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the goods was concluded between them.

Likewise, Bodega Ignacio Marín also limits its liability in the following cases:

Bodega Ignacio Marín applies all the measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Bodega Ignacio Marín will act with the utmost diligence in order to provide the company in charge of transporting the product that is the object of the purchase order. However, it shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, loss or theft of the product.
Technical failures which, due to fortuitous causes or otherwise, prevent the normal operation of the service via the Internet. Unavailability of the Website due to maintenance or other reasons, preventing the availability of the service. Bodega Ignacio Marín puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure. Bodega Ignacio Marín will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Bodega Ignacio Marín will not be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
In general, Bodega Ignacio Marín shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Bodega Ignacio Marín will have an extension of the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. Bodega Ignacio Marín will make every reasonable effort to find a solution that will allow it to fulfil its obligations despite the force majeure.

10. Written communications and notifications

By using this Website, the User accepts that most of the communications with Bodega Ignacio Marín will be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Bodega Ignacio Marín sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User’s statutory rights.

The User may send notifications and/or communicate with Bodega Ignacio Marín through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Bodega Ignacio Marín may contact and/or notify the User by e-mail or at the postal address provided.

11. Disclaimer

No waiver by Bodega Ignacio Marín of any specific legal right or action or failure by Bodega Ignacio Marín to require strict compliance by the User with any of its obligations shall constitute a waiver of any other right or action derived from a contract or from the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Bodega Ignacio Marín of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

12. Nullity

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. Complete agreement

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Bodega Ignacio Marín in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.

The User and Bodega Ignacio Marín acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. Data protection

The information or personal data that the User provides to Bodega Ignacio Marín in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or data protection Policy (contained, if applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. Applicable law and jurisdiction

Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Bodega Ignacio Marín and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. Complaints and claims

The User can send Bodega Ignacio Marín their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Bodega Ignacio Marín has official complaint forms available to consumers and users, which they can request from Bodega Ignacio Marín at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Bodega Ignacio Marín and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.