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1. General Conditions of Use

These General Conditions of Use (hereinafter, the "General Conditions"), together with the particular conditions that may be established, regulate the conditions of purchase of the products marketed through the websites www.aporvino.com and www.aporvino.es (hereinafter, the "Website"), owned by Distribuciones y Marketing Cacereños S.L. (hereinafter DIMARCA), domiciled for these purposes in  Polígono Industrial las Capellanías, C/ Tejedores parcela 116, naves 6 y 7, 10005 Cáceres, Spain, with number  of C.I.F. B-10183119, registered in the Mercantile Registry  of Cáceres, Volume 369 general of companies, Book: 197,  general section,  Folio: 153, Sheet: CC-3381 Inscription 6ª.  

The use of the services of the Website, as well as the acquisition of any of its products, implies the acceptance of the User, without reservations of any kind, of each and every one of these General Conditions. The registration on the Website and the use of the services implies that your data as a User will become part of the files of DIMARCA, and its treatment will be in accordance with the provisions of the Privacy Policy that the User expressly declares to know and accept.

DIMARCA provides information about products, and offers the possibility of their acquisition through the Website. People who intend to purchase products must follow the steps that DIMARCA communicates through the Website.

These General Conditions and Legal Notices are the only conditions applicable to the use of the Website and the purchase of products through it and replace any other conditions, unless prior agreement in writing between DIMARCA and the User. Consequently, the User who accesses the Website and makes the purchase of products through the Website agrees to submit to and is bound by these General Conditions and Legal Notices as they are written at the time the Website is accessed.

Any User who purchases any of the products of the Website must be at least eighteen (18) years old.

2. Product information

The photographs, graphic or iconographic representations and videos related to the Products of DIMARCA, 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 must take into account that they have an indicative purpose and, consequently, lack exhaustive character.

DIMARCA reserves the right to decide, at any time, the products offered to Users through the Website. In this way, DIMARCA may at any time add new products  to those included in the Website, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions that are in force at that time.

Likewise, DIMARCA reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Website.

In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, DIMARCA 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 that corresponds to the User in accordance with the provisions of these General Conditions.

3. Purchase of products

To proceed with the purchase of the product, the User, who must be over eighteen (18) years old, must select the product he wishes to buy and add it to the Shopping Cart. Once the selection of products to be purchased has been completed, the User may calculate the amount of their purchase by viewing it in the Shopping Cart, and may confirm it through the Checkout button, to finalize the purchase. Once the button to complete the order has been accessed, the user can make the payment of their purchase by bank transfer, cash on delivery, credit card with RedSys, PayPal, through the secure payment system provided by the company PayPal who will issue the corresponding proof of purchase to the customer.

This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of, or 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. In addition, the following activities are also explicitly prohibited: Sale of alcoholic beverages to persons under 18 years of age.

4. Product prices

The prices of the products offered through the Website include all taxes applicable in the EEC. For shipments outside the EEC, when available, the incoterms DAP (Delivery At Place) rule will be used where DIMARCA is responsible for all costs,  including main transport and insurance (which is not mandatory), but not for the costs associated with importing, until the goods are made available to the buyer. The import clearance and possible associated taxes are assumed by the buyer.

DIMARCA reserves the right to modify the prices reflected on the Website, at any time. The products will be invoiced at the price in force reflected on the Website, at the time of registration of the order. In case of manifest error in the price of the products, due to technical failures or errata in the automatic or manual data entry,
DIMARCA
reserves the right to cancel the order  and refund the amount paid to the same payment method used to place the order. In case the payment method is bank transfer or another payment method that does not allow automatic refund, the customer must provide a bank account number where DIMARCA will deposit the refund. If the customer does not provide a bank account for reimbursement, DIMARCA will keep the funds until the customer provides it. A manifest error is understood to be one in which the price of the product is 30% or more lower than the average market value.

5. Payment system for products

The payment of the price of the goods purchased and the shipping costs, which will appear on the screen, can be made by bank transfer, cash on delivery, credit or debit card through the PayPal system and through other payment systems indicated at any time on the Website.

To proceed with the payment, the User must follow the instructions that appear on the screen depending on the chosen payment system.

As an electronic payment system, DIMARCA is attached to the e-commerce payment gateway of PayPal. All data provided for these purposes are encrypted under the SSL (Secure Socket Layers) protocol to guarantee maximum security.

The User must notify D IMARCA, through [email protected] of any undue or fraudulent charge in the account provided for purchases on the Website, in the shortest possible time, so that DIMARCA can carry out the procedures it deems appropriate.

6.- Shipping and delivery costs

The shipping costs of the USER's orders will be assumed by the latter, unless expressly indicated otherwise.

DIMARCA will indicate the price of the shipping costs in the order  process; these expenses must be approved by the USER prior to acceptance of the order, unless they are included in the price.  DIMARCA will indicate to the USER in advance in the purchase process any additional expenses incurred in the contracting process.

DIMARCA will inform the CLIENT of the estimated delivery times of the order in the purchase process. The delivery times indicated in the order are only an estimate and refer to working days. 
D IMARCA  will manage the order placed by the USER within a maximum period of 48 working hours from the date of payment of the latter, except in some specific cases in which DIMARCA specifies that additional days are necessary for the preparation of the order or for the purchase of the products.  DIMARCA is not responsible for additional delays to the estimated delivery time. It is up to the USER to check the order at the time of delivery and carry out at that time all the claims that he deems justified such as breakage of products or lack thereof. In the event that the USER does not indicate to the carrier at the time of delivery and in the relevant document (delivery note) any anomaly with the order received (breakages, lack of merchandise, erroneous products),
DIMARCA will not be responsible for claims or costs arising from a subsequent claim.
 DIMARCA may request before any claim of the USER for an incident in the delivery, photographs that confirm said claim. The delivery of the orders will be made at the delivery address freely designated by the USER in the order form, as long as the address is included in the distribution areas included in the Platform. For these purposes, USERS are informed that we do not accept a post office box as a delivery address, in which case the USER will be informed in advance of this circumstance and the order will be canceled unless the USER can offer an alternative address in the same location. 
DIMARCA will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy or falsity of the data provided by the USER for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose,  as is the absence of the recipient. The order will be delivered in the shortest possible time and, in any case, always within thirty (30) calendar days from the date of order confirmation with the exception of sales to the advanced or primeur that will be delivered once the winery makes the wines available to
DIMARCA. Although the approximate delivery time is informed in the order
, DIMARCA reserves the right to change this period, provided that it previously informs the USER. The delivery time reported in the order is informative, it is not contractual. Provided that the product has not been shipped and / or that the total delivery time from the date of payment of the order exceeds 30 calendar days, the USER may cancel his order at no cost and receive a refund thereof. Deliveries are made on weekdays (Monday to Friday) and during business hours (from 9am to 7pm) on a voluntary basis some agencies may accept to deliver before or after these hours. Unfortunately, deliveries are not offered on weekends or outside business hours and on weekends or holidays regardless of whether the USER requests these options in his order or in any communication to the
DIMARCA
team.

7.- Withdrawal and return

Orders can be canceled at no cost until the shipment has been prepared for shipment to the USER. If the user's cancellation request arrives after the order has been prepared, the cancellation request will be considered a refund by the USER.

The USER may freely withdraw from the contract of sale, without indicating the reasons, within a period of fourteen (14) calendar days following the date of receipt of the product. The date of the receipt accrediting the delivery of the product will serve for the purposes of starting the calculation of the period of fourteen (14) days cited.

To exercise their right of withdrawal, the USER must communicate it to the email address [email protected], indicating for identification  and management purposes the e-mail used for the purchase and the order number.  DIMARCA will answer the USER specifying the precise instructions for the exercise of the right of withdrawal. Likewise, the USER may use the model withdrawal form that we make available through the following link: https://drive.google.com/open?id=1vChcilWwMMvkokuzW8Y3FOfnTPWwaC7e

The USER will bear the expenses and other procedures associated with the return of the product, which must be packaged and sent safely, so that the returned merchandise arrives in perfect condition. The USER will be responsible for any damage, damage or harm suffered by the product in this process.

D IMARCA, in the case of withdrawal of the order, will refund the total order minus the collection costs that D IMARCA will usually manage  through the same payment method used by the USER for the acquisition of the product within a maximum period of FOURTEEN (14) calendar days from the verification of the correct condition of the product sent by the CLIENT to DIMARCA.  

DIMARCA will only accept the return of the product when the use thereof has been limited to the mere verification of the proper functioning of the aforementioned product by the USER, in accordance with current legislation.

DIMARCA will not accept the return of any product that suffers deterioration attributed to the CLIENT.

The return of the product must be made in its original packaging and in perfect condition, that is, not damaged or soiled by the CLIENT, and will be sent to the place indicated by DIMARCA in the instructions sent to the CLIENT. In addition, the packaging must be fully and fully identified in order to know who the sender is. In case of not being sent in the conditions described in these terms, the good will suffer a depreciation that in any case must be paid by the CLIENT.

There is no withdrawal in the cases contemplated in article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users. In an enumerative but not limiting way, there is no refund in the case of personalized or perishable products without prejudice to the foregoing, in case of doubt, the CLIENT may contact DIMARCA in advance.

In case of error in the shipment or any defect of the product, DIMARCA undertakes to change the defective product for another equal provided that there is availability of the same and when no more than 15 days have passed since delivery in the case of products that are likely to spoil if it is not stored in the correct conditions.  DIMARCA will be responsible for the return and shipping costs. In the event that the change could not be made, the amount of said product will be refunded within 14 calendar days. To make a return effective, please contact us on the phone 911 888 958 or email [email protected]

8.- Modification of these General Conditions

DIMARCA 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 as many queries as they want to make. Users undertake 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 contracting of any product available through the Website.

9. Communications between DIMARCA and the User

All communications between DIMARCA and the User regarding these General Conditions  or the acquisition of products through the Website, will be made by e-mail in writing, through the e-mail [email protected], and in accordance with the communication procedures established in these General Conditions for each particular case.

10. Integrity of the General Conditions

These General Conditions and Legal Notices constitute the express and sole will of DIMARCA and the  User in relation to their purpose and invalidates and replaces any other agreements or contracts, verbal or written, reached by the parties previously.

11. Partial nullity

In the event that any Clause of these General Conditions is declared null and void, it will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in these General Conditions.

12. Applicable Law and Jurisdiction

These General Conditions are governed by and construed in accordance with Spanish law. In the event of any discrepancy or claim between the parties in relation to compliance or content of these General Conditions, the parties agree to submit the decision of the matter raised to the competent Courts and Tribunals according to current legislation. The European Commission offers a platform for alternative dispute resolution, which any consumer can access at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm. For any information you can contact [email protected]


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