Introduction
This contractual document shall govern the General Terms and Conditions for the purchase of products (hereinafter, the “Terms and Conditions”) through the website comenge.com, owned by COMENGE BODEGAS Y VIÑEDOS, S.A., hereinafter referred to as the PROVIDER, whose contact details are also included in the Legal Notice on this website.
These Terms and Conditions shall remain published on the website and available to the USER for reproduction and storage as confirmation of the contract. They may be amended at any time by COMENGE BODEGAS Y VIÑEDOS, S.A. The USER is responsible for reviewing them periodically, as the version in force at the time an order is placed shall apply. COMENGE BODEGAS Y VIÑEDOS, S.A. shall archive the electronic document formalising the purchase and make it available to the USER upon request.
Contracts shall not be subject to any formal requirements, except in the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document means that the USER:
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is COMENGE BODEGAS Y VIÑEDOS, S.A., with its registered office at Camino del Castillo, s/n, 47316, Curiel de Duero (Valladolid), Tax ID No. A05151428, and customer service telephone number 983880363.
On the other hand, the USER, registered on the website using a username and password, is fully responsible for their use and safekeeping and for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sale and purchase relationship arising between the PROVIDER and the USER when the USER accepts the relevant box during the online contracting process.
The contractual sale and purchase relationship entails the delivery of a specific product in exchange for a determined price publicly displayed on the website.
Correction of data
When the USER identifies errors in the data published on the website or in documents generated by the contractual relationship, the USER may notify datos@comenge.com so that COMENGE BODEGAS Y VIÑEDOS, S.A. can correct them as soon as possible.
The USER may keep their data up to date by accessing their user account.
Contracting procedure
To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website. The USER must therefore freely and voluntarily provide the required personal data, which shall be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing and free movement of personal data, and Organic Law 3/2018 of 5 December (LOPDGDD), on personal data protection, as detailed in this website’s Legal Notice and Privacy Policy.
The USER shall choose a username and password and undertakes to use them diligently, not make them available to third parties, and notify the PROVIDER of their loss or theft or of possible access by an unauthorised third party, so that they may be blocked immediately.
Once the user account has been created, and in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:
1. GENERAL TERMS AND CONDITIONS OF CONTRACT
Unless otherwise agreed in writing, placing an order with the PROVIDER shall constitute the USER’s acceptance of these legal terms and conditions. No provision made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. DISPATCH AND DELIVERY OF ORDERS
The PROVIDER shall not dispatch any order until payment has been verified.
Goods shall normally be sent by EXPRESS COURIER, according to the destination freely chosen by the USER. Dispatch shall take place once product availability has been confirmed and payment for the order has been verified.
The delivery period shall be between 2 and 6 working days, depending on the destination and the selected payment method. The estimated dispatch and delivery dates shall be provided before the order is confirmed.
Failure to perform the distance contract
If the contract cannot be performed because the contracted product or service is not available within the expected period, the USER shall be informed of the lack of availability and shall be entitled to cancel the order and receive a refund of the full amount paid at no cost, without any liability for damages being attributable to the PROVIDER.
In the event of an unjustified delay by the PROVIDER in refunding the total amount, the USER may claim payment of twice the amount owed, without prejudice to the right to compensation for damages exceeding that amount.
The PROVIDER shall not be liable where delivery of the product or service cannot be made because the data provided by the USER are false, inaccurate or incomplete.
Delivery shall be deemed made when the carrier has made the products available to the USER and the USER, or the USER’s representative, has signed the delivery receipt.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery. By a simple declaration, the USER may require the lack of conformity to be remedied, a price reduction, or termination of the contract. In any such case, the USER may also claim compensation for damages where applicable.
The USER shall have the right to withhold payment of any outstanding part of the price of the purchased product until the PROVIDER fulfils the obligations established in this contract.
The USER is responsible for checking the products upon receipt and stating any justified reservations and claims on the delivery receipt.
If the contract does not involve the physical delivery of any product, but rather the activation of a download on a website, the PROVIDER shall inform the USER in advance of the procedure to follow to make that download.
3. RIGHT OF WITHDRAWAL
The USER has fourteen calendar days, from the date of receipt of the product or from the conclusion of the sale and purchase contract in the case of a service, to exercise the right of withdrawal, governed by Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws (hereinafter, RDL 1/2007). If the PROVIDER fails to comply with the duty to provide information and documentation on the right of withdrawal, the period for exercising it shall end twelve months after the expiry of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, which are set out here
All returns must be notified to the PROVIDER by requesting a return number through the form provided for that purpose or by email to admin@comenge.com, stating the relevant invoice or order number.
If the return is not made in the original delivery packaging, the PROVIDER may charge the USER €20, after informing the USER in advance through the same communication channel used.
Once the USER has received the return number, the USER shall send the product to the PROVIDER, stating that number in the shipping letter, with transport costs borne by the USER, to COMENGE BODEGAS Y VIÑEDOS, S.A., Camino del Castillo, s/n, 47316, Curiel de Duero (Valladolid).
4. COMPLAINTS
Any complaint the USER considers appropriate shall be dealt with as soon as possible and may be submitted through the following contact details:
Post: COMENGE BODEGAS Y VIÑEDOS, S.A., Camino del Castillo, s/n, 47316, Curiel de Duero (Valladolid).
Telephone: 983880363
Email: admin@comenge.com
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
6. ASSIGNMENT
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is deemed unlawful, void or unenforceable for any reason, that provision shall be severable and shall not affect the validity, legality or enforceability of the remaining provisions.
The USER declares that they have read, understood and accepted these Terms and Conditions in their entirety.
7. GENERAL TERMS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these Terms and Conditions.
No amendment, alteration or agreement contrary to the Commercial Proposal of COMENGE BODEGAS Y VIÑEDOS, S.A. or to the provisions herein shall be effective unless expressly agreed in writing and signed by the PROVIDER; in that case, such specific agreements shall prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) and any other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling, or any other additional or ancillary services relating to the purchased product.
The prices applicable to each product are those published on the website and shall be expressed in EUROS. The USER acknowledges that the price of some products may vary in real time.
Before completing the purchase, the USER may check online all quotation details: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.
Once the order has been placed, the prices shall remain unchanged whether products are available or not.
Any payment made to the PROVIDER entails the issue of an invoice in the name of the registered USER or the company name provided when the order was placed.
For any information about the order, the USER may contact the PROVIDER’s customer service on 983880363 or by email at admin@comenge.com.
9. SHIPPING COSTS
Prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless otherwise expressly agreed in writing.
Shipping charges shall be calculated when the basket or quotation is saved, as they are calculated according to the delivery address.
The maximum applicable shipping rate (VAT included) is as follows:
Shipping to mainland Spain and the Balearic Islands – €12.90
Free shipping on orders over €90
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and offers the following payment methods for orders:
The USER may use a discount coupon immediately before completing the purchase if one has been received from the PROVIDER.
Security measures
The website uses information-security techniques generally accepted in the industry, such as SSL, secure-page data entry, firewalls, access-control procedures and cryptographic mechanisms, in order to prevent unauthorised access to data. For these purposes, the user/customer accepts that the provider obtains data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction considered unlawful by credit-card brands or the acquiring bank, or which could damage their goodwill or adversely affect them.
Under card-brand programmes, the sale or offering of a product or service that does not comply with all laws applicable to the buyer, issuing bank, merchant or cardholder is prohibited.
11. PURCHASE PROCESS
Any product in our catalogue may be added to the basket. The basket will show only the items, quantity, price and total amount. Once the basket is saved, taxes, charges and discounts shall be calculated according to the payment and shipping details entered.
Baskets have no administrative link; they are simply a place where a quotation can be simulated without commitment by either party.
An order may be placed from the basket by following these steps to complete it correctly:
Once the order has been processed, the system immediately sends an email to the PROVIDER’s management department and another to the USER’s email address confirming the order.
Orders (purchase requests)
Before the order is confirmed, information shall be provided on the order status and the approximate dispatch and/or delivery date.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is deemed unlawful, void or unenforceable for any reason, that condition shall be considered severable and shall not affect the validity or enforceability of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, where the USER fails to comply with the obligations established in this contract or with any applicable legal provision, licence, regulation, directive, code of practice or policy.
When the PROVIDER exercises any of its rights or powers under this clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties shall be governed by the section on “Warranties and after-sales services” of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, which can be accessed here
14. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with Spanish law in matters not expressly established herein. Any dispute arising from the provision of products or services subject to these Terms and Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place where the obligation is performed, or the place where the property is located if it is real estate.
