General Conditions of Purchase for the Website

To make a purchase from ABADÍA RETUERTA LTD’s online shop, the user must accept the following terms and conditions:

1. Identification

ABADÍA RETUERTA LTD (henceforth, ABADÍA RETUERTA) places its online shop https://www.abadia-retuerta.com/, henceforth “the website”, at the disposal of its customers. The website allows customers to acquire the products and services offered by the company.

The General Conditions of Purchase (henceforth, GCP) that follow below, as well as any other particular conditions, make up the regulatory normative framework of each contracting of goods and services that is carried out via the website.

Also, the user and/or customer can access the present GCP, as well as the Privacy Policy and Cookie Policy, by clicking on the relevant sections below.

The GCP established here apply to all commercial transactions realised via the online shop [https://www.abadia-retuerta.com/], and they will be understood as having been entered into with the following company:

ABADÍA RETUERTA, S.A.,
Carretera N-122, Km 332,5
47340 – Sardón de Duero
(Valladolid)

Tel: +34 983-680-368
email: pedidosonline@abadia-retuerta.es

ABADÍA RETUERTA is included in the Valladolid Business Register, Volume 573, Folio 38, Page VA 5986, Inscription 1, Tax ID A-47348834.

The goods and services offered on the website are intended, exclusively, for natural persons, of legal age, and/or legal entities who can be considered consumers or end users, in accordance with the provisions of the 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 supplementary laws. Therefore, anyone who does not meet the above requirements may not make purchases through this website.

2. Intellectual and industrial property

The industrial and intellectual property rights (for example, but not limited to: brands, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained on the website https://www.abadia-retuerta.com/) are property of ABADÍA RETUERTA LTD, or of the companies that represent or manufacture the products on offer. Therefore, they are subject to intellectual and industrial property rights, protected by Spanish and international legislation.

It is forbidden to use, reproduce, transmit, manipulate, or do anything else that exceeds normal or necessary usage, in terms of visiting the website and using the services it offers, without the express prior written permission of ABADÍA RETUERTA LTD, or, where applicable, the representative or manufacturer/rights holder of the product.

Access to the offered goods and services does not imply that ABADÍA RETUERTA waivers, transfers or cedes (totally or partially) the rights derived from its intellectual and industrial property, nor does it confer rights of use, the alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written authorisation of the respective owners of said rights, without prejudice to the right to view and obtain a private security copy of said contents, as long as said right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the holder of said rights remains unaltered, that it is used for non-commercial purposes and exclusively for the user’s personal information.

The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this page corresponds exclusively to the user.

3. Updating of the website with regard to contracting

ABADÍA RETUERTA LTD reserves the right to modify and update the products, services, prices, promotions and other conditions on the website.

ABADÍA RETUERTA, within its means, endeavours to ensure that the information on the website is accurate and free of typographical errors. In the event of any unintended typographical error, by ABADÍA RETUERTA, it will be corrected immediately. Should a customer decide to make a purchase based on an error of this type, ABADÍA RETUERTA will immediately inform the customer of the error, and both parties can thus cancel the purchase at no cost, as long as the existence of the error is proven.

4. Function of these general terms and conditions – customer registration

As indicated above, the following GCP (General Conditions of Purchase), as well as any other specific conditions related to the purchase of certain products and services, constitute the regulatory framework for each contract of the sale of goods and services formalised through this website.

These GCP have been drawn up in accordance with current legislation on the subject, among others, Royal 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. They also abide to Law 34/2002, on Information Society Services and Electronic Commerce, and Law 59/2003, of 19 December, on Electronic Signatures.

These GCP are available in Spanish and English; please select the most convenient language.

In order to make purchases on [https://www.abadia-retuerta.com], the user must first register on the website by filling in the form via the link. They must also expressly accept these General Terms and Conditions of Contract.

The GCP, as well as any other particular conditions of purchase that may apply to the acquisition of the products and services offered, will always be those in force at the time each order is placed.

ABADÍA RETUERTA may, at any time, modify these GCP, respecting, in any case, the commitments previously entered into with its customers. These modifications will be published on the website so that new customers may be made aware of them.

ABADÍA RETUERTA reserves the right to deregister and prevent access to customers who have outstanding or unpaid balances with ABADÍA RETUERTA.

5. Purchase of products on abadia-retuerta.com

The website will display, at all times, the products and services on sale, alongside their features and the public sale price in each section.

ABADÍA RETUERTA decides, at all times, which products are offered to their customers via the website. As such, ABADÍA RETUERTA may add or remove entries in their catalogue of products, respecting in any case the purchases already completed, and respecting the specific campaigns or special offers that it has committed to.

a) Indication of price

The prices of the products and services available for purchase appear in euros (€) and are shown with Value Added Tax (VAT) included.

Specifications

WINES

In accordance with current legislation, the sale or service of alcoholic beverages to minors through this website is prohibited. Therefore, wines or any other product containing alcohol will only be sold to persons of legal age, who must declare this fact when placing their order.

SERVICES RELATING TO ROOM BOOKINGS, EXPERIENCE BOXES AND UNIQUE EXPERIENCES

The cancellation policy and terms and conditions will be shown in each service, prior to purchase.

b) Methods of payment

Payment can be made by credit or debit card, or through PayPal.

Payment by card

The Virtual Payment Terminal accepts American Express, Mastercard, Maestro, Visa and Visa Electron cards. To pay by card, you must indicate the card number, expiry date, name and surname of the cardholder (as they appear on the card) and the card’s CSC/CVV code.

The amount of the order will be charged to the customer’s bank card at the time of purchase. As an anti-fraud measure, the customer will have to re-enter their card details for each new purchase, as ABADÍA RETUERTA does not have access to or store the bank details of its customers.

This merchant pledges not to allow any transaction that is illegal, or that, as considered by credit card companies or the acquiring bank, might damage these entities’ goodwill or otherwise negatively influence them. The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards.

Payment with PayPal

The amount of the order will be charged to the customer’s PayPal account at the time of purchase. As a measure against fraud, the customer will have to re-enter their account details for each new purchase, as ABADÍA RETUERTA does not have access to or store the payment details of its customers.

Transaction security

ABADÍA RETUERTA uses information security methods that are widely accepted in the industry, such as firewalls, access-control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve this, the user/customer agrees that the provider can obtain data for the purpose of authenticating the access-control mechanisms.

All contracting processes, or those that involve the entry of personal data, shall always be transmitted via secure communication protocol (https://) in such a way that no third party has access to the information transmitted electronically.

6. Legal guarantee and post-purchase service

As a consumer and end user, customers at our online shop have — as well as the rights here described — all the legal rights entailed within Spanish and European legislation with regards to the sale of consumer goods. We hereby inform you that said legal rights can never be affected by the present “General Terms and Conditions of Contract”.

If the products are faulty, we hereby inform you that, according to the current laws, ABADÍA RETUERTA LTD shall proceed, as appropriate, to repair, replace, offer a price reduction or terminate the contract, and these tasks will be carried out free of charge. ABADÍA RETUERTA LTD shall be liable for any such defects within a period of THREE (3) years after the product’s delivery.

In this regard, products are understood to be faulty as and when:

Unless proven to the contrary, it will be assumed that the faults observed in the TWO (2) years following the product’s delivery were already present when it was delivered. The consumer and end user must inform the seller about any such faults as soon as possible when they are detected. If the consumer misses this deadline, said consumer will not lose the right to the corresponding compensation, yet the consumer will be responsible for any further damage caused by the delay in communication and caused by any continued use of the product after the fault is detected.

7. Availability

ABADÍA RETUERTA will only deliver orders in Spain (the mainland and the Balearic Islands). During the processing of the order, if the purchased service/product is no longer available, the customer will be informed by telephone, and a solution will be sought.

*For delivery to the Canary Islands, please consult the specific conditions by emailing pedidosonline@abadia-retuerta.es

8. Postage costs

With regards to products, postage costs will be charged along with the order amount, and they will be detailed on the bill. The postage cost is nine euros (9.00€) per order. Postage is free of charge for orders over one hundred euros (100.00€).

9. Order confirmation

The customer will confirm the order by clicking on the ‘Continue’ button during the payment process. Following this confirmation, the order is fixed and final, and it will be registered automatically.

Once the order is confirmed, you will receive, within 24 hours of the order, an email which includes this confirmation. This email serves as your proof of purchase.

The automatic registration of the order is proof of the nature, content and date of the order. The customer’s confirmation of the order entails that they accept the prices, the description of the products offered, the delivery costs and other sales conditions, which are included in this document. Once the buying process is complete, the system will confirm the order to the customer via the website.

The confirmation of the order and the proof of purchase (as saved by the user) are not valid as invoices. The corresponding invoice will be included in the order.

10. Order tracking

The customer can consult on the website, at any time, the status of their order, in the section ‘My Account’. In addition, ABADÍA RETUERTA LTD has a Customer Service number: +34 983-680-368, and an email address: pedidosonline@abadia-retuerta.es

11. Delivery timeframes

The orders will be delivered to the address indicated by the customer within a timeframe of 48 to 72 hours (2-3 workdays, excluding Saturdays, Sundays and bank holidays), for all deliveries to mainland Spain. For the Balearic Islands, the timeframe is 3-4 workdays, although this might vary depending on the availability of the products or the delivery address. If the customer is not present when the order is delivered, they will receive a notice informing them to contact the delivery agency and arrange a new delivery. A second delivery will only take place if the customer arranges it with the agency. The order will remain in the delivery agency for 15 calendar days, after which it will be returned to ABADÍA RETUERTA. After this deadline, if the customer claims back their order, they will have to pay the delivery costs again.

For any grievances after the delivery, the customer can contact our Customer Service by calling +34 983-680-368, or by emailing pedidosonline@abadia-retuerta.es

If all is correct, the order will be delivered to the person, of legal age, who is present at the address indicated at the time of delivery. The customer gives their express authorisation to ABADÍA RETUERTA to deliver the order to this person. The recipient of the order must sign the corresponding delivery note, giving their name and ID card number (or similar), which confirms they are satisfied with the received products, both in terms of quantity and quality, and the condition they are in.

To that effect, at time of delivery the recipient will be able to revise the order as much as they want, in order to confirm their satisfaction with it. If the order is incomplete, this must be made explicit on the corresponding delivery note.

12. Accreditation of the purchase operations

ABADÍA RETUERTA’s acceptance of the order, as well as the details about any further operation realised using the corresponding order number, and any other generated documentation, will all be stored and archived, and will serve as evidence in the event of litigation.

Returning products

Right of withdrawal

In accordance with the provisions of Articles 68, 79 and 102 of the 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, for the products offered on the website, the Customer shall have a maximum period of fourteen (14) calendar days from the delivery of the product to withdraw, totally or partially, from the purchase of the product. The right of withdrawal will not apply to products that have been opened, and, in the case of products delivered in wooden boxes, nor shall it apply to boxes of wine that have been opened or unsealed, where the box has broken.

We inform you that the customer’s right of withdrawal strictly does not apply to personalised products.

Following the fourteen-day (14) deadline, ABADÍA RETUERTA will not accept returns relating to the withdrawal from product purchases.

In the event of withdrawal, the refund will include all delivery costs paid by the customer at the time of purchase. However, ABADÍA RETUERTA may still charge for any additional delivery costs, if the product was sent in a non-standard form or if there are any charges for urgent delivery.

If you wish to withdraw from buying a product, you must inform ABADÍA RETUERTA that you are exercising your right of withdrawal. This can be done by emailing pedidosonline@abadia-retuerta.es or by writing to ABADIA RETUERTA, S.A. Carretera N-122, Km 332,5 47340 – Sardón de Duero (Valladolid), Spain.

For the attention of: Online orders – Ref: Right of withdrawal

I hereby communicate that I am withdrawing from the sales contract of the following product: ….

Name of Customer: ………………………………………………

Order Number: …………………………………………………….

Date of order:……../………../20……..

Date of delivery:……../……../20……..

Customer’s address:……………………………………………….

Post code:……………………………………………………………..

Country:………………………………………………………………..

Today’s date: ……../……../20……..

Signed (if sent as a paper version):…………………………..

Finally, you may physically return the product to the address indicated below, within the same deadline of 14 days after receiving the product. ABADÍA RETUERTA will acknowledge receipt of such delivery.

If you wish to exercise your right of withdrawal, the following requirements must be met:

The returns must be sent or physically returned to the following address:

ABADÍA RETUERTA, S.A.
Carretera N-122, Km 332,5
47340 – Sardón de Duero
(Valladolid)

We hereby inform you that if you exercise your right of withdrawal, you will pay for the return postage – but these charges must be the same as the delivery costs of the initial order.

Return of defective products

Without prejudice to any other rights that might apply, the customer shall be entitled to a refund of the price of the defective products, or of the delivered products if they do not correspond to the order placed by the user.

Alternatively, the user shall be entitled to claim, and receive, the same product, but in perfect condition.

In the event of returning defective products to ABADÍA RETUERTA, or products that do not correspond to the order, the customer must follow the procedure as established in the previous section. However, in this case, the customer shall not be liable for the costs of returning said products.

Provided that the user has followed the procedure established in the previous section, and the aforementioned requirements have been met, ABADÍA RETUERTA shall refund the amount paid for those returned defective products or those that do not correspond to the order placed by the customer.

Refund of the price of the products

Provided that the customer has followed the established procedure, and all the aforementioned conditions have been met, ABADÍA RETUERTA will refund the price paid by the customer for the products, as well as the postage costs, unless the product was sent in a non-standard form or as an urgent delivery. In the event that the return is due to the customer exercising their right of withdrawal, ABADÍA RETUERTA will not refund or be liable for the cost of return delivery.

The customer will not be entitled to a refund of the price of the returned products if the products are not in the same condition as when they were sent, or if the requisites as established in the General Conditions have not been met.

For partial returns of an order, only the corresponding amount will be refunded, i.e. the price of the returned product or products.

ABADÍA RETUERTA will arrange the refund of the price via the same payment system used by the customer when purchasing the products, within fourteen (14) days of the collection of the returned order and when ABADÍA RETUERTA have confirmed that the returned products meet the previously established requirements. The application of the refund to the customer’s account will depend on their bank.

Cancellation of Purchases

The user can cancel the purchasing process as long as it has not been processed in its entirety. To be certain of the cancellation, it is recommended that the client contact pedidosonline@abadia-retuerta.es immediately, indicating the order number and their desire to cancel.

14. Personal data protection

You can access our Privacy Policy via the following link: Privacy Policy

Legal scope of the use of clients’ email addresses

Our customers, after registering as such and purchasing our products, will receive emails with promotional material, as well as news and updates about products. This service is subject to the provisions of article 21.2 of Law 34/2002, on Information Society Services and electronic commerce, modified by Law 32/2003, of 3 November, the General Telecommunications Law, which authorises the sending of commercial communications by electronic means when there is a previous contractual relationship, and when products or services similar to those purchased are being advertised. Nevertheless, all commercial communications sent by ABADÍA RETUERTA will be clearly identifiable as such, as indicated by the term “advertisement” at the start of the body of the message, and said communications will identify ABADÍA RETUERTA as the sender. Each email will provide a simple and clear way for the recipient to unsubscribe from our commercial email list. Alternatively, you can email us at pedidosonline@abadia-retuerta.es to unsubscribe from our commercial email list.

15. Cookie policy

You can access our Cookie Policy via the following link: Cookie Policy

16. Applicable jurisdiction

In the event of conflict or disagreement in the interpretation or application of these General Terms and Conditions of Contract, the Courts or Tribunals that hear the matter shall be those provided for in the applicable regulations on jurisdiction. However, the consumer is informed that in accordance with article 52.3 (“Territorial jurisdiction in special cases”’) of Law 1/2000, of 7 January, on Civil Procedure, when the rules of territorial jurisdiction on general jurisdiction and special cases are not applicable to disputes arising from the exercising of individual actions by consumers or users, the court of their home address or the corresponding court in accordance with articles 50 and 51 of the aforementioned Law shall have jurisdiction, at the choice of the consumer or user.

17. Businesses’ obligation to inform of accredited alternative dispute resolution entities in consumer matters (law 7/2017, of 2 november, art. 40.5)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be used in any case of discrepancy, dispute, etc. between the consumer and the business. The online dispute resolution platform can only be used by consumers who reside in the EU. The online dispute resolution platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/

18. Sending of invoices and other information derived from the present general sales conditions

With the acceptance of the General Sales Conditions, and in compliance with Article 23, ‘Validity and effectiveness of contracts concluded by electronic means’ of Law 34/2002, of 11 July, on information society services and electronic commerce, we hereby inform you that all information derived from this contract, including all invoicing derived from transactions carried out and contracted through the use of this site, shall be done electronically, although you may indicate at any time that you wish to receive a paper invoice, in which case we will issue and send the invoice in this format. To request a paper copy, you must email: pedidosonline@abadia-retuerta.es and we shall send you a physical invoice, to the address you provide, as soon as possible.

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