CONDITIONS OF PURCHASE AND CONTRACTING
1.1 OBJECT AND PROOF OF ACCEPTANCE
The purpose of these General Conditions of Contract is to regulate the contracting of goods and / or services offered through the website
https://closmaria.com/ property of Clos Maria (Hereinafter Clos Maria), so that the purchase of goods or the acquisition and use of services offered through the web, entails the agreement and acceptance of the terms detailed in the present conditions of purchase and contracting by the user (hereinafter the customer).
1.2 DEFINITIONS AND PARTY ACTING
General conditions of purchase and contracting:
Define the conditions of purchase and contracting for all products and services that can be purchased directly through the website, do not cover requests for services that can be requested through the means of contact provided by the same but who need an offer Customized or depend on third-party companies.
Special conditions of purchase and contracting:
They are those that regulate the contracting terms of a particular good or service and do not apply to others.
The special conditions prevail over the general conditions in those sections specifically detailed, in other respects, the general conditions will continue to apply.
Involved in the contractual relationship:
On the one hand CLOS MARIA, with CIF B-66209636 and domiciled in Clos Maria, S / N T-702 pk 1,6, 43360 Cornudella de Montsant, Tarragona as supplier of goods and services that can be purchased directly through the website.
On the other hand, any user, natural or legal person who uses the website for the acquisition of the products and services offered.
2 GENERAL CONTRACTING CONDITIONS
2.1 PRICES AND PROMOTIONS
The prices applicable to products and / or services are those indicated on the website on the date of order in the part of description of services, in the basket of products and during the purchase process before placing the order. All prices are expressed in Euros, including, if applicable, all VAT (Value Added Tax) However, in accordance with Law 37/1992, of December 28, regulating such tax, the operation may be exempt or not subject to the same depending on the country of residence of the buyer and the condition in which it acts (entrepreneur / professional or private). Consequently, in some cases the final price of the order may be altered with respect to the one shown on the website.
In shipments made to countries outside the European Union, CLOS MARIA will not assume the expenses corresponding to customs duties and taxes specific to each country.
The promotions that can be realized in the web page will be subject to the specific conditions of each of them, the promotions will be duly marked and identified as such, indicating conveniently the previous price and the price of the offer.
2.2 WAYS OF PAYMENT
Credit cards: Mastercard, Maestro, Visa, Visa Electro, VPy, Union Py JCB.
CLOS MARIA is in a position to send orders to the following geographical areas:
EUROPE, USA, HONGKONG, JAPAN , and other regions and countries may be added at time to time. THE CUSTOMER will be able to select the shipping method according to the delivery area that appears on the Web. You should keep in mind that the delivery times and cost will be different for each selected area and transport, aspects that will be duly informed on the web prior to the moment of confirmation of your order.
The tariffs detailed on the website include, in addition to the transport of the products requested, their packaging in boxes specially designed to transport bottles, insurance against loss or breakage, as well as VAT in the territories where the tax is applied.
he contracted conditions are for a standard service (non-urgent), economic, with delivery during the day, from Monday to Friday and without prior notice.
Although most agencies adapt to a delivery only in the morning or only in the afternoon, this is not always possible, and the agency is not obliged to address this type of requests, the address indicated by the client may be that of a Third
designated a priori by the same.
Orders will be sent to the address provided by the customer, we recommend to indicate an address where there is always someone during the day to receive delivery on the first attempt The address indicated by the customer may be that of a third party designated by the same .
In case the customer refuses delivery or the transport company cannot deliver the order for reasons not attributable to the same (error in the address provided by the buyer), it will be returned to CLos Maria who will try to communicate with the customer and determine the corrected delivery address or to arrange the delivery in the warehouses.
All costs related to the returned delivery and the second delivery will be borne by the buyer. If you need an urgent service or your order been delivered on a specific date, you will pay a surcharge, and you will be offered the possibility to select from the available shipping options when paying, or you may contract Clos Maria winery at email@example.com for urgent shipping needs.
Clos Maria Winery will comply with any government regulations or changes that may occur related to shipping. If we are unable to ship your product and cannot find a solution we will contact you and offer a full refund if shipping cannot be completed.
Orders for USA customers:
Orders coming from customers in the United States will be served through warehouses provided by a CLOS MARIA partner in California to optimize delivery time and shipping costs.
Delivery time: The products that are in stock will be shipped 24 hours after the receipt of the order to which will have to add the duration of the shipment that will depend on the system and the selected area. In the case of special promotions, the orders will take three days to be made available to the carrier.
In case of not having stock will be communicated to the CLIENT this end as soon as possible.
If there is any incident in the delivery of the products (product damaged by transport or product sent in error) the customer must contact the Customer Service to communicate the incidence. CLOS MARIA will bear the costs of collecting the damaged or wrong product.
2.4 PROCEDURES TO CARRY OUT THE PURCHASE
For the acquisition of the products and / or services offered on the Web it is necessary to fill in the different purchase forms with the personal data and the payment data. The web describes the different steps to be followed until the order is completed.
Once the order has been received, CLOS MARIA will immediately send a confirmation of it to the email address within a maximum of 24 hours.
In the case of purchase of products, the CLIENT will have a period of fourteen (14) calendar days after receiving the goods to exercise their right of return without having to justify reasons or have any sanction.
The CLIENT must express his intention to desist within the indicated period and must proceed to the return of the product.
For this, the CLIENT can send an email to the address firstname.lastname@example.org including his name and address, as well as the number of his order.
CLOS MARIA will refund the amounts paid without retention of expenses. However, the CUSTOMER will assume the costs of the return for withdrawal, which will be entirely in your charge.
Returns sent to freight due or against refund will not be accepted.
The term of fourteen days established in the previous paragraph will be counted from the reception by the buyer of the acquired goods.
Customized products are excluded from this possibility of return.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by the CLIENT of this right is sent before the corresponding term expires.
Consequences of withdrawal:
In case of exercising the right of withdrawal, all payments received including delivery costs (with the exception of the additional costs resulting from the choice of an URGENT delivery method) will be refunded no later than 14 calendar days from the date in which CLOS MARIA is informed of the decision to exercise the right to withdraw.
The products must be returned beforehand to the address, Clos Maria, S / N T-702 pk 1,6, 43360 Cornudella de Montsant, Spain.
These goods must be in perfect condition, without unclogging, without uncorking and in their original packaging.
2.6 RETURN OF THE ORDER
In case the product sent has a cork defect (TCA) that produces bad taste or deteriorates the quality of the content, the customer can choose between replacing the defective product or receiving a refund of the price of the product in poor condition.
In such case, please contact the CLOS MARIA customer service department to communicate the incident and indicate the desired option.
It is imperative to keep the defective bottle and its cork in order to carry out the claim and follow the instructions of the customer service department for eventual return that will be the responsibility of CLOS MARIA.
2.7 PRE-ORDERED AND BACKORDERED WINES
Clos Maria Winery may sell wines on a pre-order basis. Many of our pre-ordered wines are in limited supply or have yet to be released. We pride ourselves on making boutique wines available to our customers, however, we can experience delays due to bottling delays, shipping delays, or changes to release dates. We do everything we can to get your wine to you in a timely manner.
Payment for pre-ordered wines is due at the time of the sales order confirmation. Your card will be billed for the full amount.
At the time you place your order, we may provide an estimated date that we expect the wines to ship. This date is provided for estimate purposes only – it is not a promise or guarantee of delivery time. Due to circumstances out of our control, these estimates are not always correct. We will continue to keep you updated via email.
Refunds: Pre-ordered wines that are not released within 60 days of estimated release date can be canceled upon request (email@example.com) and payment in full will be returned or applied to any other purchases.
Shipping on pre-order wines will be estimated at the time of order and will be estimated shipping charges will be charged at the time of order, any additional charges for shipping or changes to shipping types(requested by customer) will be billed at the time of shipping.
2.8 CUSTOMER SERVICE
If you have any problem or comment you can contact the customer service:
Customer Service Tel: 977827113
The languages in which the contract between CLOS MARIA and THE CUSTOMER can be perfected will be Spanish, Catalan and English.
2.10 MODIFICATION OF WEB CONTENT AND CONTRACTING CONDITIONS
CLOS MARIA reserves the right to make changes on the Web, at any time and without previous notice, that it considers appropriate, being able to update products and services according to the market and change policies and contracting conditions.
If any provision or provisions of these contract are declared invalid, illegal or ineffective, the validity, legality and effectiveness of the remaining provisions will remain in force and with full effect.
2.12 LEGAL AGE
The client assures to have the minimum age legally necessary depending on the country in which he resides to acquire the typology of products put up for sale on the web.
3. SPECIAL CONTRACTING CONDITIONS
3.1.1 WINE CLUB
WINE CLUB is a service offered to those users interested in receiving periodic products of the company prior to its sale to the general public or made available exclusively for the members of the same, also offers advantages And discounts on other products and services offered by CLOS MARIA.
Membership: In order to access the service, the user will select through the website the membership modality that interests him, with two statuses described on the website: BASIC and PREMIUM.
3.1.2 PROCEDURES TO CARRY OUT THE PURCHASE
The user will complete the JOINT TO THE CLUB form, which will be available on the website where his personal data will be indicated and the chosen option, the contracting of the service will involve:
1- The shipment with the periodicity and the quantities of product indicated in each eligible membership option, (the product will be a previously chosen and proposed by CLOS MARIA).
2- Enjoy the advantages that he can obtain as a member of the club related to other products and services offered (discounts on purchase of products, attendance to events, etc ...).
3- The choice within the periodicity of agreed annual shipments of the desired moment to be carried out.
The member user (hereinafter the client) will receive a confirmation email of welcome and registration of the service.
3.1.3 SHIPPING SYSTEM AND PERIODICITY
Shipments will be made according to the annual period indicated in the option contracted by the CLIENT which will indicate that annual dates are more convenient to receive the different shipments.
Prior to the agreed delivery dates, CLOS MARIA will send an e-mail describing the selected products to be sent and their characteristics.
Orders will be delivered to the address indicated by the CLIENT, who may choose to provide the address of a third party.
The prices for the different membership options are indicated on the web except those special editions that will be specially notified to members with their characteristic conditions.
Although taking into account that the quantities to be sent are defined previously but not the specific product, which is chosen and proposed by CLOS MARIA offering to the member user the possibility of opting for other variants, the exactly final price cannot be defined previously, so far of the preparation of the final order to be sent, which will vary according to the characteristics of the same.
3.1.5 PAYMENT AND BILLING SYSTEM FOR SHIPPING
The client will choose one of the payment options made available on the web, CLOS MARIA will save previously the data of the chosen payment system, with the effective collection of the orders once the same have left their premises and made available to the carrier.
3.1.6 DURATION OF MEMBERSHIP
The membership period will have a validity of one year from the date of contracting the service, which will automatically renew for the same period if neither of the parties expresses their will to terminate under the conditions stipulated in the following section.
3.1.7 CANCELLATION OF MEMBERSHIP
Members of Clos Maria Wine Club may cancel their membership at any time, except in the event that membership cancellation takes place within 2 weeks (14 days) prior to the scheduled wine shipment. In this case the cancellation will be effective after the shipment of the order already processed.
3.1.8 CHANGE OF MEMBERSHIP OPTION
The CLIENT can modify its membership status at any time by contacting the CLOS MARIA customer service department.
The exercise of the right of withdrawal by the client or the third party designated shall be carried out after the reception of the first order and will cancel his membership status, not making subsequent shipments.
3.2 TOURS & TASTINGS
The service offered allows the client to visit the facilities of CLOS MARIA and to carry out a gastronomic and wine tasting that will vary depending on the different options to choose.
3.2.1 PRICES AND CONDITIONS OF PAYMENT
The client will choose one of the payment options made available on the web, CLOS MARIA will save previously the data of the chosen payment system, with the effective collection at the end of the service, except that the CLIENT has contracted the service for the benefit of a third (gift), in which case the collection will be made at the time of purchasing through the web.
Cancellations may be made without charge provided they are made 24 hours before the contracted arrival date except for the ESSENCE OF PRIORAT and PREMIUM TOUR options which, due to their characteristics (minimum of 6 people attending), will need to be given a notice of 7 Days prior to the scheduled arrival date.
In these cases of not giving the notice with 7 days in advance 50% of the amount will be charged if it is made between 6 and 2 days before the arrival, and the total amount will be charged if canceled with less than 48 hours’ notice.
Been the characteristics of the service between those provided for in article 103 paragraph i of Legislative Royal Decree 1/2007, of November 16, the client can not make use of the right of withdrawal provided for by law.
CLOS MARIA, organizes different events that can be contracted online through its website.
There are two categories of events:
Private events: Those who are carried out by physical or legal persons who have the right to restricted attendance to a limited number of attendees, (celebration of anniversaries, etc ...).
Public events: Are those that can attend any interested, (festivals, etc ...)
3.3.1 PRICES AND CONDITIONS OF PAYMENT
The prices are indicated in the web, being realized the effective collection in the moment of the purchase of the service through means made available to the CLIENT.
Private events: For these services, no changes or refunds will be made after the purchase process.
Public events: The contracted service can be canceled notifying the customer service of CLOS MARIA at least 24 hours before the scheduled date of celebration.
However, depending on the nature of the event, this policy may change been the return conditions stipulated in the purchase ticket.
In case of cancellation of the event, the payment will be refunded.
If there are changes in the configuration of the event, whether of date, time or place, CLOS MARIA will proceed to the return of the amounts paid if the customer requests it through the customer service.
Been the characteristics of the service between those provided for in article 103 paragraph i of Legislative Royal Decree 1/2007, of November 16, the client cannot make use of the right of withdrawal provided for by law.