Terms of sale

GENERAL TERMS AND CONDITIONS OF USE OF THE VINOPREMIER.COM WEBSITE

  1. "GENERAL AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE"
  2. "GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE"
  3. "CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN ANDOWINES S.L. AND THE USERS"
  4. "GENERAL CONTRACTING CONDITIONS"

1. "GENERAL AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE"

  1. 1. OWNERSHIP OF THE WEBSITE

    ANDOWINES S.L. (hereinafter VINOPREMIER), with address in Madrid, C / Francisco Silvela 25, Madrid and with VAT Number: ES B-40230294, registered in the Commercial Register of Segovia 3, Volume 243, Book 0, Folio 210, Section 8, Hoja SG-5416, is the owner of the portal www.vinopremier.com, (hereinafter the Portal) and makes it available to Internet users, with the purpose of both providing information on the products and offers of VINOPREMIER and its subsidiaries, as well as allowing the provision of different services through the Portal.

  2. 2. GENERAL CONDITIONS OF USE AND ACCEPTANCE THEREOF
    1. 2.1. These General Conditions of Use of the Portal, together with the general conditions of contract governing the provision of services, and / or the particular conditions that may be established, are intended to regulate both the provision of information and business relationships that arise between VINOPREMIER and Portal users. By browsing the Website and / or by using the services included in it of VINOPREMIER, you acquire the status of User. Both navigation, as well as the use and / or use of any of the Portal services, mean acceptance as User, without reservations of any kind, to each and every one of these General Conditions of Use, the General Conditions of Hiring that in its case govern the provision of the services offered on the Website, as well as where applicable, the Particular Conditions that, where appropriate, may exist in relation to the provision of services.
    2. 2.2. VINOPREMIER may at any time and without prior notice, modify these General Conditions, as well as the General Contract Conditions set out in Title III below, and / or the particular conditions that, where applicable, are included, by publishing said modifications in the Website in order that they may be known by the Users, always before the visit to the Website or the acquisition of any goods offered in the Website.

2. "GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE "

These General Conditions will apply both to the promotional activity and the provision of information that is carried out through the Website and to the provision of the services offered on the Website, in such a way that they will govern at all times both for the simple navigation through the Portal, such as for the acquisition of goods and / or the provision of services within the framework of the Website, although these latter activities will be subject to both these General Conditions of Use, and the applicable general contracting conditions , and the particular conditions, that in his case, could exist.

  1. PRIVACY POLICY

    In accordance with the current legislation on the Protection of Personal Data, (" RGPD "), VINOPREMIER informs the user (s) of the " User (s) ") of the Website regarding the Privacy Policy that will be applied in the processing of the personal data that the User facilitates when registering on the Website by completing the registration form provided for that purpose, (the " Registration Form ") as well as during the purchase process or in the interactions with VINOPREMIER.

    1. SUBMISSION AND REGISTRATION OF PERSONAL DATA

      The sending of personal data is mandatory to contact and receive information about the services provided by VINOPREMIER. Likewise, failure to provide the requested personal data or not accepting this data protection policy means that it is impossible to subscribe, register or receive information about said services.

      In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you that personal data obtained as a result of your personal data will be incorporated into the a file owned by VINOPREMIER with address at Calle Francisco Silvela, 25 - 28028 Madrid, having implemented all the security measures established in Royal Decree 1720/2007, of December 21.

    2. ACCURACY AND TRUTHFULNESS OF THE FACILITATED DATA

      The User who sends the information to VINOPREMIER is solely responsible for the veracity and correctness of the data included, exonerating himself from any responsibility in this regard. Users guarantee and respond, in any case, the accuracy, validity and authenticity of the personal data provided, and undertake to keep them properly updated. The user agrees to provide complete and correct information in the registration or subscription form. VINOPREMIER does not answer for the veracity of the information that is not of own elaboration and of which another source is indicated, reason why neither assumes any responsibility as for hypothetical damages that could be originated by the use of such information. VINOPREMIER is exonerated from liability for any loss or damage that the User may suffer as a result of errors, defects or omissions, in the information provided by VINOPREMIER whenever it comes from sources outside the same.

    3. ASSIGNMENT OF DATA TO THIRD PARTIES

      VINOPREMIER may assign certain personal data to companies of the Group, in order to offer commercial information that may be of interest to the User. However, the user may revoke the consent for these assignments as indicated in the following point.

      VINOPREMIER will transfer the data relating to those customers who request the deferred payment of their online purchases, to SEQURA WORLDWIDE, S.L., with the purpose of offering them the corresponding financing.

      VINOPREMIER will transfer the data related to those customers who request the shipment to the Canary Islands, to CLICK CANARIAS, S.L., with the purpose of offering them the corresponding service.

    4. EXERCISE OF RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION

      You can direct your communications and exercise the rights of access, rectification, cancellation and opposition through postal mail at Calle Francisco Silvela, 25 - 28028 Madrid, along with proof valid in law, as a photocopy of the D.N.I.

    5. ACCEPTANCE AND CONSENT

      The User declares to have been informed of the conditions on protection of personal data, accepting and consenting to the treatment thereof by VINOPREMIER, in the manner and for the purposes indicated in this Personal Data Protection Policy. .

    6. CHANGES IN THIS PRIVACY POLICY

      VINOPREMIER reserves the right to modify this policy to adapt it to legislative or jurisprudential changes as well as to company practices. In these cases, VINOPREMIER will announce on this page the changes introduced with reasonable anticipation of its implementation.

  2. 2. INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS
    1. 2.1 All content displayed on the Portal and especially, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible to industrial and commercial use are subject to intellectual and industrial property rights of VINOPREMIER or third parties who have duly authorized their inclusion in the Portal.
    2. 2.2 In no case shall it be understood that any license or renunciation, transfer, total or partial assignment of said rights is granted or any right or expectation of right is conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication on said contents without the prior express authorization of VINOPREMIER or the corresponding owners.
    3. 2.3 No link to the Website can be established from any other website without the prior and express consent of VINOPREMIER
    4. 3. RESPONSIBILITY OF VINOPREMIER.
      1. 3.1 VINOPREMIER, will only be liable for damages that the User may suffer as a result of using the Portal when said damages are attributable to a malicious act of this company.
        The User acknowledges and accepts that the use of the Portal, as well as the provision of the services offered therein, is carried out at his / her own risk and his / her entire responsibility.
      2. 3.2 VINOPREMIER is not responsible for damages that may arise from, but not limited to (i) Inferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operation of this electronic system or devices and computer equipment of Users, motivated by causes beyond VINOPREMIER, that prevent or delay the provision of services or navigation through the System; (ii) Delays or blockages in use caused by deficiencies or overloads of the Internet or in other electronic systems; (iii) That may be caused by third parties through illegitimate interference beyond the control of the Store and that are not attributable to VINOPREMIER; (iv) Divergencies in the information, documentation and / or other content of the Portal that may exist between the electronic version and the printed version; (v) The impossibility of giving the Service or allowing access for reasons not attributable to VINOPREMIER, due to the User, to third parties, or to cases of force majeure.
      3. 3.3 VINOPREMIER does not control, in general, the use that Users make of the Portal. In particular, VINOPREMIER does not guarantee under any circumstances that Users use the Portal in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner. li>
      4. 4. OBLIGATIONS OF THE USER

        1. 4.1 In general, the User undertakes to comply with these General Conditions of Use, where applicable, the Particular Conditions that may apply, as well as comply with the special warnings or instructions for use contained therein or on the Website and always act in accordance with to the law, to good manners and to the requirements of good faith, using due diligence to the nature of the service that it enjoys, abstaining from using the Website in any way that could prevent, damage or deteriorate its normal functioning, the goods or rights of VINOPREMIER, its suppliers, the rest of Users or in general of any third party.
        2. 4.2 Specifically, and without implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User is obliged, in the use of the Portal, as well as in the provision of services to : (i) In the case of registering, the User undertakes to truthfully provide the data provided and to keep it updated; (ii) Not to introduce, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or in any way violates the moral, public order, fundamental rights, public liberties, honor, privacy or image of third parties and in general the current regulations. ; (iii) Do not enter, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is likely to cause damage to the Website, in any of the Services, or in any of VINOPREMIER's equipment, systems or networks, of any User, of the providers of VINOPREMIER or in general of any third party, or that of any other form is capable of causing them any type of alteration or impeding the normal operation of the same ones; (iv) to adequately safeguard the "User Name" and the "Password" provided by VINOPREMIER to the Users, as identifying and enabling elements for accessing the different services offered on the Portal, undertaking not to cede their use nor to allow access to them by third parties, assuming responsibility for any damages that may arise from their improper use. Likewise, the user undertakes to notify VINOPREMIER, as quickly as possible, of their loss or theft as well as any risk of access to the "User Name" and / or the "Password" by a third party; (v) Not to carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Website to send advertising, send messages for direct sales or for any other commercial purpose, nor to collect or store personal data of third parties; (vi) Not to use false identities, or to impersonate the identity of others in the use of the Website or in the use of any of the services of the Portal, including the use in its case of passwords or passwords of third parties or in any other way ; (vii) Not destroy, alter, use for its use, disable or damage the data, information, programs or electronic documents of VINOPREMIER, its suppliers or third parties; (viii) Do not enter, store or disseminate through the Webiste any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content which will not hold, in accordance with the law, the right to make it available third.
      5. 5. COMMUNICATIONS.

        For the purposes of these General Conditions, and for any communication that is necessary between VINOPREMIER and the User, they should contact the Customer Service by email (sent a message to [email protected] or through written communication addressed to the Customer Service Department of VINOPREMIER, Francisco Silvela No. 25, 28.004 Madrid (Spain).

        The communications of VINOPREMIER to the User will be made according to the data provided by him when registering on the Website.

        The User expressly accepts and for all communications related to the use of the Website, and / or the contracting of the services offered, the use of electronic mail as a valid procedure for the submission of such communications..

      6. 6. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.
        1. 6.1 The present conditions will be governed by Spanish legislation, which will be applicable to the provisions of this contract regarding interpretation, validity and execution.
        2. 6.2 The parties expressly waive the jurisdiction that may correspond to them and expressly submit to the Courts and Tribunals of Madrid to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.

          3. "CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN VINOPREMIER AND USERS"
          1. 1. GENERAL CONTRACTING CONDITIONS. PRE-CONTRACT INFORMATION
            1. 1.1. These general contracting conditions together, where appropriate, with the particular conditions that may be established, will expressly regulate the relationships between ANDOWINES, S.L., domiciled in Madrid, Francisco Silvela No. 25 and VAT Number: ES B-40230294. (Hereinafter VINOPREMIER) and third parties (hereinafter "Users") that contract the provision of services or products offered through the Portal.
            2. 1.2 These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906 / 1999 by which the telephone or electronic contracting is regulated with general conditions in development of article 5.3 of Law 7/1998, General Law 26/1984 for the Defense of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and how many legal provisions are applicable.
            3. 1.3 By the use and / or the provision of any of the services of the Portal, they assume the acceptance as User, without reservations of any kind, to each and every one of the General Contracting Conditions, of the General Conditions of Use of the Portal as well as in its case, to the Particular Conditions that, in its case, govern the acquisition.
            4. 1.4 VINOPREMIER, informs that the procedures to carry out the acquisition of goods and / or obtain the provision of the services offered, are those described in these general conditions, as well as those specific ones indicated on the screen during the navigation, so that the User declares to know and accept these procedures as necessary to access the products and services offered on the Website.
            5. 1.5 All information provided during the hiring process will be stored by VINOPREMIER, so that the User may, upon request made in writing or by e-mail, request information regarding the operations carried out by him within the previous 6 months. . Any modification and / or correction of the data provided by the Users during the navigation must be made according to the indications included in the Website.
            6. 2. SERVICES OFFERED. ACCESS TO SERVICES.

              1. 2.1 The Services offered on the Portal will be governed both by the provisions of these General Conditions and, especially, by the provisions of the Particular Conditions set for each of said services.
              2. 2.2. In order to access the provision of the services offered through the Portal, the user will enter a User name and a secret password ("Password"). The User Name and Password are identifying and enabling elements to access the services and are personal and non-transferable. VINOPREMIER may carry out, with the appropriate notice, modifications to the User's Name and / or password, in which case the modified codes will lose their validity.
              3. 2.3. All the means and technical requirements that are required to access the Portal and the services offered therein shall be the sole responsibility of the User, as well as any expenses or taxes to which the provision of said services may give rise.
              4. 2.4. Once you have accessed, and to proceed with the use of the different services, the User must follow all the instructions and instructions collected on the screen, completing for this purpose the Particular Conditions and other forms set for each service, which will mean reading and acceptance of all the general conditions established in the General Conditions of Use of the Portal, in these General Contracting Conditions, as well as, where applicable, the Particular Conditions that may apply.
              5. 2.5 Once an order has been placed, the Customer Service Department of VINOPREMIER will contact the User by e-mail or by phone to check the details of the contract and make the invoice that will be attached with the delivery. of it.
              6. 3. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.

                1. 3.1 The present contract will be governed by Spanish legislation, which will be applicable to what is not provided in this contract regarding interpretation, validity and execution.
                2. 3.2 The parties expressly waive the jurisdiction that may correspond to them and expressly submit to the Courts and Tribunals of Madrid to resolve any dispute that may arise in the interpretation or execution of these contractual conditions

                  4. "GENERAL CONDITIONS OF CONTRACT"
                  1. 1. OBJECT AND GENERALITIES.

                    The present General Conditions of Contract (hereinafter, the "General Conditions"), together with the particular conditions that may be established, regulate the conditions of purchase of products through the website www.vinopremier.com, (hereinafter , the "Website" or the "Portal"), owned by ANDOWINES, SL, (hereinafter VINOPREMIER) with VAT Number: ES B-40230294, registered in the Segovia Mercantile Registry 3, Volume 243, Book 0, Page 210, Section 8, Sheet SG-5416, whose registered office is at C / Francisco Silvela 25, 28028 Madrid.

                    The use of the Website services, as well as the acquisition of any of the products offered, implies the User's acceptance of these General Conditions. The registration in the Portal and the use of the services implies that your data as User will become part of the files of VINOPREMIER, and its treatment will be in accordance with the provisions of the Privacy Policy, which the User expressly declares to know and accept.

                    These General Conditions are applicable to consumers and users defined as such in the applicable legislation.

                    VINOPREMIER 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 want to make. Users agree to carefully read these General Conditions each time they access the Website store. In any case, the acceptance of the General Conditions will be a previous and indispensable step to the hiring of any product available through the Website.

                  2. 2. CAPACITY AND CELEBRATION OF THE CONTRACT.

                    By checking the 'I accept' box or clicking the 'Agree' button, when creating a VINOPREMIER user account or using the VINOPREMIER services, you confirm that you have at least 18 years.

                    Only people over 18 years of age will be able to process orders through VINOPREMIER. The user who makes use of VINOPREMIER guarantees that they have at least that age as well as the veracity of all the registration data provided to VINOPREMIER.COM. In any case, the user will be solely responsible for false or inaccurate statements made and the damage caused to VINOPREMIER or third parties for the information provided.

                    The photographs, graphic or iconographic representations and videos related to the VINOPREMIER Products as well as trade names, trademarks or distinctive signs of any kind contained in the Website, are intended to provide the most information, however the user has to bear in mind that they have a guiding purpose and, consequently, lack exhaustive character.

                    Spanish will be the language used to formalize the contract.

                  3. 3. SYSTEM OF PURCHASE OF PRODUCTS.

                    To proceed with the purchase of the product, the registered user must select the product that he wishes to buy and add it to the Shopping Basket. Once the selection of products to be purchased has been completed, the user must click on the "Pay" icon. Next, the selected products will be indicated for their purchase and the user must select between the shipment of the products to the address entered in their registration data (being able to choose between any of the addresses contained in their registration data) or a new address of delivery. The user must press the "Continue" icon to complete the purchase process.

                    The username, e-mail address and password provided to VINOPREMIER are identifying and enabling elements to access and make purchases and are personal and non-transferable. The username, password and email address may be modified, in which case the password, username and / or modified email address will lose their validity.

                    Once the purchase process is finished, VINOPREMIER will send an email confirming receipt of the order and the corresponding invoice to the email address provided by the user.

                    Users can make their purchases in the form of Postponed or Fractioned Payment, for which VINOPREMIER will transfer its data to SEQURA WORLDWIDE, S.L., which will be the company in charge of offering the corresponding financing.

                  4. 4. PRICES AND DELIVERY.

                    The prices of the products shown on the Website include the legally applicable VAT.

                    Orders must be processed by the Website, where the user will be informed prior to the completion of each purchase, the exact amount of each of your orders, including, where appropriate, shipping costs that may be of application.

                    The articles displayed on the Website will be available for sale until the end of stock.

                    If due to circumstances of force majeure a product is not available after the purchase has been made, VINOPREMIER will inform the user by email of the total or, where appropriate, partial cancellation of the order. The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the exercise of the right of withdrawal corresponding to the user in accordance with the provisions of these General Conditions.

                    The completion of the order by completing the purchase form implies compliance with the price offered and the general conditions of sale in force at this particular time. Once the order is formalized, the purchase will be understood as full right, with all the legal guarantees that protect the acquiring consumer, and from that moment the prices and conditions will be contractual, and can not be modified without the express agreement of both contractors.

                    The discounts and promotions offered by this website will be valid only during the period of time foreseen in them and subject to the conditions and limitations established in them.

                    The delivery of the product will be made at the address designated by the user.

                    The price marked by VINOPREMIER on the Website does not cover customs procedures, special taxes or any type of extra costs that may arise depending on the destination.

                    In the event that the merchandise is shipped outside of Spain, taxes, customs, legislative procedures, and other similar expenses will be paid by the buyer.

                  5. 5. WITHDRAWAL.

                    Right of withdrawal.

                    The user has the right to withdraw from this contract within a period of fourteen (14) calendar days without the need for justification.

                    The withdrawal period will expire after 14 calendar days from the day of delivery.

                    To exercise the right of withdrawal, the user must notify his / her decision through an unequivocal statement (for example, a letter sent by postal mail, fax or email). You can use the withdrawal form model at the bottom of the page, although its use is not mandatory. The sending address of the notification is as follows (hereinafter "notification address"):

                    VINOPREMIER.COM
                    C / Francisco Silvela 25
                    28028 Madrid
                    E-Mail: [email protected]

                    In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right be sent in accordance with the provisions of the legislation in force before the corresponding deadline expires.

                    Consequences of withdrawal.

                    The user must assume the direct cost of returning the goods.

                    In the event of withdrawal, all payments received will be returned (with the exception of the additional expenses resulting from the choice of a different delivery mode to the less expensive mode of ordinary delivery that is offered). The refund of these sums will be made without undue delay and, in any case, before 14 calendar days have elapsed since the date on which the decision of withdrawal of the contract by the user was informed.

                    Said refund will be made using the same means of payment used by the user for the initial transaction, unless the user has expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. The reimbursement may be withheld until the goods have been received or the user has submitted proof of the return of the goods, depending on which condition is met first.

                    If the goods have already been delivered, the user must return them to the notification address without undue delay and, in any case, within a period of 14 calendar days from the date on which they communicate their decision to withdraw from the contract. .

                    VINOPREMIER may withhold the reimbursement until the goods have been received, or until the consumer and user has submitted a proof of the return of the goods, depending on which condition is met first.

                    Return conditions.

                    No returns of the following products will be accepted, as established by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

                    • a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once that the contract has been completely executed by the employer, he will have lost his right of withdrawal.
                    • b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer can not control and which may occur during the withdrawal period.
                    • c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
                    • d) The supply of goods that may deteriorate or expire quickly.
                    • e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
                    • f) The supply of goods that, after their delivery and taking into account their nature, have been mixed indissociably with other goods.
                    • g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which can not be delivered before 30 days, and whose real value depends on market fluctuations that the employer can not control .
                    • h) Contracts in which the consumer and user has specifically requested the businessman to visit him to carry out repair or urgent maintenance operations; if, during that visit, the entrepreneur provides services additional to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods .
                    • i) The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
                    • j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
                    • k) Contracts concluded through public auctions.
                    • l) The provision of accommodation services for purposes other than housing, transportation of goods, rental of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.
                    • m) The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge that they lose their right of withdrawal as a result.

                      All merchandise must be returned in its packaging and with the original seal, with all the accessories it contains, in perfect condition and protected. Otherwise VINOPREMIER reserves the right to refuse the return.

                      The user will be responsible for the decrease in the value of the goods resulting from a manipulation of the same, different from that necessary due to its nature, characteristics or operation. For example, to return the product with breakages, or damage caused by your fault or negligence.

                    • 6. CONFORMITY GUARANTEE.

                      If the product is not in accordance with the contract (error in the preparation, in the vintage, broken product), the user may choose between demanding the replacement of the product, the price reduction or the termination of the contract according to the Law The resolution will not proceed when the lack of conformity is of minor importance.

                      It will be considered disproportionate the form of sanitation that, in comparison with the other, imposes on the seller costs that are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the form of alternative sanitation could be carried out without major inconveniences for the consumer and user.

                      In order to determine if the costs are not reasonable, the expenses corresponding to one form of sanitation must also be considerably higher than the expenses corresponding to the other form of sanitation.

                      The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.

                      When the entrepreneur sends the purchased goods to the consumer and user, the risk of loss or deterioration of these will be transmitted to the user when he or a third party indicated by him, other than the carrier, has acquired his material possession.

                      However, if the user orders the transport of the goods or the chosen carrier is not among those proposed by the employer, the risk will be transmitted to the user with the delivery of the goods to the carrier, without prejudice of their rights against it.

                    • 7. COMMUNICATIONS BETWEEN VINOPREMIER AND THE USER.

                      All communications between VINOPREMIER and the user regarding these General Conditions or the acquisition of the products through the Website, will be made in writing and in accordance with the communication procedures established in these General Conditions for each particular case .

                      For the rest of the cases that are not expressly regulated in these General Conditions, the communications that the user intends to send to VINOPREMIER will be directed to the address of VINOPREMIER indicated in the notification address and will be made in writing and through a system that allow proof of content and receipt by VINOPREMIER of the corresponding communication.

                    • 8. INTEGRITY OF THE GENERAL CONDITIONS.

                      These General Conditions, the Privacy Policy and the Legal Notice constitute the express and sole will of VINOPREMIER and the user in relation to its purpose and invalidates and substitutes any other agreements or contracts, verbal or in writing, reached by the parties in advance.

                    • 9. PARTIAL NULLITY.

                      In case any Clause of the present General Conditions is declared null, it will proceed to the withdrawal or replacement of the same. In any case, said declaration of nullity will not affect the validity of the rest of the provisions included in these General Conditions.

                    • 10. LAW AND APPLICABLE JURISDICTION.

                      These General Conditions are governed and interpreted in accordance with the Spanish legislation in force at the time of the contract's completion.

                      In the event of any type of discrepancy or claim between the parties in relation to compliance or the content of these General Conditions, provided that the law applicable to the address of the consumer or user is not applicable according to law. , will be definitively resolved by submitting it to the Spanish Courts and Tribunals or, at the option of VINOPREMIER, by submitting it to arbitration of Law, administered by the Court of Arbitration of the Official Chamber of Commerce and Industry of Madrid , in accordance with its Arbitration Rules in force at the date of submission of the request for arbitration. The arbitral tribunal appointed for this purpose will be composed of a single arbitrator and the language of the arbitration will be Spanish. The arbitration headquarters will be Madrid.