These are the General Contracting Conditions (hereinafter referred to as the “Conditions”) that regulate the contractual relationship that the user enters into with BARBADILLO, as a result of their purchase of items from the online store that Bodegas Barbadillo S.L. (hereinafter referred to as BARBADILLO) provides on the following websites https://www.barbadillo.com and https://tienda.www.barbadillo.com (hereinafter referred to as the “Store”).
BARBADILLO reserves the right to modify, at any time, and without prior notice, the structure, configuration and design of the Store, as well as these present Conditions. If we decide to modify these present Conditions, the new version will be published on the website and the date included in the last paragraph will be updated.
Identity: BODEGAS BARBADILLO SL – [Spanish] Company Tax Identification Number: B11514601
Registry details: Commercial Registry of Cadiz on the 20th of March, 1934, volume 39 of the Companies’ Section, Folio 108, Sheet 1258
Postal address: Luis de Eguilaz 11, 11540 Sanlúcar de Barrameda (Cádiz)
Telephone no.: 956385500
2. Applicable legislation and competent jurisdiction
The present General Conditions are subject to and governed by the provisions set forth in the Spanish laws, in particular the Law 7/1998, of 13 April, on General Contracting Conditions, the General Law for the Defence of Consumers and Users 26/1984 of 19 July, the Royal Decree 1906/1999 of 17 December which regulates Telephone or Electronic Contracting with general conditions, the Organic Law 3/2018 of the 5th of December on the Protection of Personal Data and the Guarantee of digital rights, the 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, the Law 7/1996 of the 15th of January on Retail Merchant Management and the Law 34/2002 of the 11th of July on Information Society Services and Electronic Commerce.
The purchase system is subject to the provisions set forth in the current Spanish legislation, and as such the sales operations will be understood as having been executed in BODEGAS BARBADILLO SL’s corporate address, which is located in calle Luis de Eguilaz 11 – Sanlúcar de Barrameda 11540 (Cádiz) – Spain.
If you have made a purchase or contracted a service online through our website, we hereby inform you that in accordance with EU Regulation No. 524/2013 you are entitled to request an extrajudicial dispute resolution mechanism for consumer disputes, which are accessible through the following website: https://webgate.ec.europa.eu/odr
3. Legal capacity
The services and contents that are offered through this present Website are solely for natural people of legal age. According to the applicable legislation, said individuals must have the sufficient legal capacity in order to accept these present Conditions, and they must not have breached any of the provisions set forth in these present Conditions.
The sale of alcoholic drinks to minors is prohibited. BARBADILLO reserves the right to refuse a purchase if it detects evidence that the purchase has been made by a minor.
It will be understood that any minor who makes an order from the Store by falsifying the information that they provide when registering or placing their order has acted under the supervision and authorisation of their parents, tutors or legal representatives and as such, it will be understood that said parties accept complete responsibility for said purchase.
4. Responsibility of the user
The User is obliged to comply with the present Conditions and to comply with the special warnings or instructions for use that are contained in these conditions or on the Website, and likewise they must always act in accordance with the law, good customs and the requirements of good faith, using due diligence and refraining from using the Website in any way that may prevent, damage or result in the deterioration of the normal functioning of the Website, the assets or rights of BARBADILLO, its suppliers, other users or in general those of any third party.
In particular, when the user accesses the Store in order to acquire the offered products, the user must strictly comply with the following obligations:
a) Before contracting the service through the Store, the User must check the characteristics, price, applicable taxes and functions of the product. Once the User has submitted the corresponding contract agreement form it will be understood that they have accepted the contracting conditions and that they undertake to respect the use and prohibitions established herein. The User will be completely responsible for any use that they make of the acquired product, and BARBADILLO will be held harmless from any liability for any damages that the correct or incorrect use of the product could cause.
b) The fact that the User has filled in the form does not imply that their order has automatically been accepted by Barbadillo, however, as soon as BARBADILLO has sent an email confirming the request, it will be understood as having been accepted. Likewise, by sending the order form, it is understood that the User agrees to pay for the corresponding acquired product.
c) The product will be delivered exclusively to the end client. Any unauthorised commercial use or resale of the content is strictly prohibited, except in the case in which BARBADILLO has given prior authorisation.
d) The user undertakes to ensure that it is possible to deliver the requested order by providing a delivery address where the items can be delivered within the usual timeframe for goods deliveries. If the User fails to provide a valid address, BARBADILLO will not assume responsibility for the delay or non-delivery of the requested order.
e) The User is obliged to provide accurate information when filling out the registration forms and when placing an order in the Store. Likewise, they are obliged to keep their information up to date and they must refrain from using a false identity or from impersonating another individual. Notwithstanding the other rights that they are entitled to, BARBADILLO reserves the right to withdraw, deny or suspend access to the Website in the event in which the data provided is, or may be false, inaccurate or misleading.
BARBADILLO reserves the right to exclude or prohibit purchases from any Users who breach the current regulations or the present Conditions or whose actions contravene morality, the generally accepted customs and public order, and likewise they may exclude any user whose access is considered by BARBADILLO to be inadvisable for reasons derived from the image, reputation of the website or others. In this case, if the payment had been made, BARBADILLO will proceed to reimburse the User.
5. BARBADILLO’S Responsibility
BARBADILLO undertakes to provide all of the information regarding its products as well as up-to-date Conditions for its users in the Store.
Its contents and services may evolve and BARBADILLO reserves the right to change the brand, the logo, the domain name (URL), the presentation and any other element, which they consider opportune, in relation to its products. The User accepts that content of the Store and its services are accurate at the time in which they are accessed. BARBADILLO will not accept any claim for the contents, services, updates, connections and/or changes in general that affect its products.
BARBADILLO will not be held liable for any personal and/or material damage which may arise from the use of its products.
BARBADILLO may contract or collaborate with subcontractors or third party entities in order to supply all or part of the products which it is committed to supplying by virtue of the different formalised operations in accordance with the provisions set forth in this present document.
BARBADILLO will not be responsible for the depletion of stock of any product. In any case, any liability that could be demanded of BARBADILLO will be limited to the price of the product that was purchased by the user.
BARBADILLO shall not be held responsible for any damage that could be caused by interference, omissions, interruptions, computer viruses, breakdowns or disconnections in the operating of this electronic system or of the users’ devices or computer hardware, which are produced by causes which are not attributable to BARBADILLO and which impede or delay the user’s access to the Store. They will also not be held liable for any usage delays or blockages caused by deficiencies or overloads in Internet or in other computer systems, nor will they be responsible for the impossibility of providing the service or permitting access as a result of issues which are not attributable to BARBADILLO, but which are attributable to the user, third parties or which are a result of force majeure.
6. Scope of the offer
The selection of products offered in the Store is only valid in Spain (Only Peninsula) and only while they are visible on the Website. All of the product orders are subject to product availability, and in this respect, if there are any supply difficulties or if the product is not available in stock, BARBADILLO reserves the right to provide the User with information on substitute products of an equal or higher quality and value that they can choose to order if they wish. If the User does not wish to place a new order containing the substitute products, BARBADILLO will proceed to reimburse the payment made by the user within a maximum period of 30 days.
7. Placing the order
In order for the User to purchase products from the Store, the User must firstly fill out BARBADILLO’s electronic form which can be accessed from the Store at any time. For this purpose, the User must fill out the instructions that appear on the screen, as well as any others that are included in the Store.
Once they have filled out the form, in order to proceed to purchase the products, the User must select the product that they would like to purchase, following the on-screen indications. For this purpose they must fill out the order form and validate it. By doing so it will be understood that by entering into the purchase contract, they have read and irrevocably accepted each and every one of these present Conditions. Unless there is proof to the contrary, the data registered by BARBADILLO constitutes proof of the transactions made between BARBADILLO and the users. BARBADILLO will file the electronic document in which the order was formalised and said document will be accessible.
Once the purchase has been made, BARBADILLO will send the user an email confirming the order without delay. The order confirmation email will not be valid as an invoice. The purchase prices shall be those which were in effect when the order was placed. The delivery costs will be specified on the screen. If the User does not agree with the details included in the confirmation email they may request for the content to be modified or for their order to be cancelled within a maximum period of forty eight (48) hours, calculated from the moment in which the order confirmation was received.
BARBADILLO will process all orders that are placed in accordance with the provisions set forth in these Conditions. In any case, BARBADILLO will not be liable for any faults which may affect its server or the communication networks, nor will they be held responsible for any problems resulting from the malfunctioning or use of non-optimised versions of web browsers.
Under no circumstances may an order be modified once it has been placed by the User, without written consent from BARBADILLO. Any modification proposed by the User and which is accepted by BARBADILLO may be subject to extra charges or it may be subject to possible variations in the product price, specifications or delivery time, and said modifications will be determined by BARBADILLO based on their exclusive criteria and in accordance with the current regulations. Once the buyer has been informed of said decision it will be considered as binding.
BARBADILLO reserves the right to cancel the username and password and therefore the Store access any Users who have outstanding balances owed to BARBADILLO with a description of the order and the personal data which has been communicated.
If when the order is submitted, we detect that any of the products are not available in stock the client will be notified immediately and the amount paid for said product will be reimbursed within a few days.
BARBADILLO will not be obliged to supply a product at an incorrect price if the advertised price is an inadvertent and obvious error and if it could have been reasonably recognised by the user as an incorrect price.
8. Product availability
The selection of products which is available in Store is only valid in Spain (Only Peninsula) and as long as the products appear on the Website. All of the product orders are subject to availability, and as such, if there are any supply difficulties, or if the product is not available in stock, BARBADILLO reserves the right to provide the User with information on substitute products of the same or higher quality that the User may choose whether or not to order. If the User does not wish to order the substitute products, BARBADILLO will proceed to reimburse the amount paid by the user within a maximum period of 30 days.
9. Accepted payment methods
The accepted payment methods for the in-Store purchases are credit or debit card payments (VISA, MASTERCARD and 4B).
The charge will be made online, that is to say, in real time through the payment gateway of the corresponding financial institution once the provided data has been verified. In order to offer maximum security in the payment system, secure payment systems offered by the leading financial institution in e-commerce are used. In this respect, the confidential payment details are encrypted before being sent directly to the corresponding financial institution.
BARBADILLO has installed an e-commerce payment gateway. All of the data provided to this effect will be encrypted in order to guarantee maximum security. In order to guarantee the user’s maximum security, BARBADILLO reserves the right to request to see the user’s identification and payment documentation before delivering their order.
Credit cards are subject to validation checks and to authorisation by the card issuer, however, in the case in which said entity does not authorise the payment, BARBADILLO will not be held responsible for any delays or non-delivery and the purchase will not be formalised.
Once the payment has been authorised and as soon as the order has been formalised, the product price, taxes and delivery costs will be charged
10. Delivery times and shipping cost
Notwithstanding the provisions established regarding the availability of stock, and except in the case of any extraordinary circumstances, BARBADILLO will send the purchased products to the address indicated by the user within a maximum of 7 days, which will be calculated from the date on which the order is confirmed. In the case in which the user chooses to collect their products from BARBADILLO’s physical store, the product will be available in their selected store within the same 7 day period, calculated from the date on which the order is confirmed.
If BARBADILLO is unable to meet the established delivery date, they will inform the user of the situation and the user will be given the option to either continue with their purchase, establishing a new delivery date or they may cancel their order, receiving the full reimbursement of the amount paid using the same payment method within a maximum period of thirty (30) days.
For the purpose of these Conditions, it will be understood that the order has been delivered once the user has acknowledged receipt of the order at the agreed delivery address by signing the corresponding proof of receipt.
If it is not possible to deliver the order to the indicated address, a second attempt will be made on the same day or on subsequent days. If the order is unable to be delivered on this second attempt, the product will be returned to the Store. The shipping costs and the costs of returning the order to the store will be borne by the customer, who will be reimbursed the price of products that could not be delivered, using the same payment method that they used for the initial purchase.
The proof of purchase will be sent with the product.
It will not be possible to deliver to:
- Military bases
- Post office boxes
- Addresses outside of the Spanish Peninsula
11. Right to return goods
The user will have a period of fourteen (14) business days in which they can return the product, this period will be calculated from the date on which the order is received. The user may choose to return the product to any of BARBADILLO’S physical stores without any additional costs, informing BARBADILLO of their decision to return the product, either by using the form which is available on the Website or by contacting customer services on the following email address: email@example.com. In both cases the user must include the completed returns form. Only the price of the purchased products will be refunded. The article must be returned in perfect condition, suitably protected and in its original packaging, with all of the accessories and it must be presented with the corresponding invoice.
Once the User has returned the product and once BARBADILLO has checked that it is in perfect condition, they will reimburse the product price using the same payment method used for the initial purchase, without withholding any amount and within a maximum period of thirty (30) days. Notwithstanding the foregoing, any items, which by their very nature are not able to be returned will be understood as being excluded from this clause. In accordance with the [Spanish] Consumer Protection Act, the user will not be entitled to return certain products (goods which have been produced according to the consumer’s specifications or goods which have been personalised, or products which have expired during the withdrawal period, products which are not in a perfect condition, etc.)
It will not be possible to exchange or reimburse any products that are not returned in the same condition in which they were received by the User or any products that have been used beyond simply opening the product.
If the purchased product does not arrive in perfect condition, the user must inform BARBADILLO of this fact, using the contact form which is available on the Website, within a maximum period of two months from the date on which they product was received. BARBADILLO will proceed to organise for a new product to be delivered, collect the product which arrived in bad condition and file a claim against the shipping company.
Once they have examined the returned product, BARBADILLO will inform the user by email, within a reasonable period, whether or not they are entitled to receive a refund or replacement. The refund or replacement of a product will be made as soon as possible, and in any case, within a maximum period of thirty (30) days calculated from the date on which confirmation of their entitlement to the refund or replacement of the non-conforming product is received.
If the user returns products due to the existence of faults or defects, they will receive a full refund of the amounts paid, including the delivery costs. The user will receive the reimbursed amount using the same payment method which was used for the initial purchase.
12. Product guarantee
The standard guarantee offered by BARBADILLO is two years from the date of delivery, however said guarantee does not cover any damage which is attributable to the user. If the user detects any defects or alleged non-conformities in the product they must inform BARBADILLO in writing, using the contact form which is available on the Website, and they must include all of the details of the claim, in order to proceed with the refund or replacement, in accordance with the previously established provisions for non-conforming products.
13. Termination of the contract
BARBADILLO reserves the right to immediately prohibit any users who, according to BARBADILLO’s criteria, do not comply with the provisions set forth in these Conditions from accessing their services and the Store, and in the case in which payment has been made, said users will not be entitled to receive a reimbursement.
Specifically, BARBADILLO may terminate the contract in the following cases:
a) When access is used for illegitimate purposes, including those outlined in these Conditions.
b) When the payment details provided when contracting the service or when purchasing a product are erroneous or make it impossible for product to be billed and/or charged.
c) In the case of the fraudulent use of the product or in the case of any uses that are contrary to good faith.
14. Privacy and personal data protection
In order to place an order, the user must register with their personal details, choosing a password that will provide them with access to all areas which require prior identification. When you register on our secure server, or when you place an order, your personal details and those related to your location and your payment method will be included in our database and this data will be used exclusively to process the order and to send you information about offers and services that could be of interest to you.
In the event in which BARBADILLO stops insisting on strict compliance by the user of any of the obligations assumed by virtue of these Conditions, or if they stop exercising any of the rights or remedies that they are entitled to exercise or appeal under these Conditions, this shall not constitute a waiver of said rights or remedies or relieve the user of their obligation to comply with the provisions set forth herein.
BARBADILLO’s failure to demand compliance will not be construed as a waiver on its part to demand compliance on subsequent occasions.
No waiver by BARBADILLO of the present Conditions will be effective, unless it is expressly stated to be a waiver and if it is communicated to the user in writing, in accordance with the provisions set forth in the previous Notifications sector.
Should any of the clauses or stipulations of the present Conditions become invalid, void or unlawful this will not affect, harm or nullify any of the other Conditions or provisions established herein, as long as they were not essential for compliance with the contractual obligations, and as such, said clauses will remain valid and effective.
17. Entire contract
The contracting document entered into between the user and BARBADILLO is comprised of these present Conditions, the form sent by the user containing their personal and payment details and the details located in the store, which complete this present document, and which supersede any prior or simultaneous oral or written agreements.
18. Security and confidentiality
All commercial transactions are carried out in a secure server environment under SSL protocol and all communications are transmitted encrypted under 128-bit encryption, which ensures the highest level of communications protection.
19. Customer service
If you have any queries regarding the functioning of our purchasing system, please send us an email to: firstname.lastname@example.org, or use the Contact and Support forms on the website.
We will be delighted to help you.