Terms and Conditions
These General Terms of Use and Contract (hereinafter, "General Terms") govern, together with the Privacy Policy and Cookie Policy, the access and use of the website accessible via the domain name jaumeserra.com and its subdomains, as well as the contracting of products and/or services through it. Simple access to the Website grants the person accessing it the status of Website User and implies acceptance of all the terms included in these General Terms. If you do not agree with these General Terms, the User must immediately leave the Website without using it.
By accepting these General Terms, the User declares:
- That they have read, understand, and comprehend what is stated herein.
- That they are of legal age in accordance with the regulations in force in their place of residence; otherwise, minors must have the authorization of their legal representatives.
- That, if they intend to contract any product and/or service, they have sufficient capacity to do so.
- That they assume all obligations set forth herein.
The User must carefully read these General Terms each time they access the Website, as the Website and these General Terms may be modified.
0.-Ownership of the Portal https://www.jaumeserra.com/
1.-General conditions of use for https://www.jaumeserra.com/
2.-General contracting conditions for the online store at https://www.jaumeserra.com/
3.- Withdrawal Information
4.- Personal data protection policy
5.-Intellectual and industrial property. Prohibition of hyperlinks
6.- Responsibility of García Carrión
7.-User obligations
8.-Communications
0.-Ownership of the portal https://www.jaumeserra.com/
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce of Spain, we inform you that this website is owned by J García Carrión, S.A. (hereinafter García Carrión), with address at Carretera de Murcia s/n 30520 Jumilla (Murcia) and with Tax Identification Number A08267403, registered in the Mercantile Registry of Murcia, volume 1,445, folio 181, Sheet no. MU-26,845, 2nd inscription, is the owner of the portal https://www.jaumeserra.com/, (hereinafter the Portal) and makes it available to Internet users (hereinafter the User or Users as appropriate), both to provide information about the company, its plants and wineries, its products and promotions linked to them, as well as to allow the provision of different services through the Portal (User registration, newsletter reception and online shopping in its online store – hereinafter the Store, among others).
The identifying and contact details of the company are as follows:
- J.García Carrión, S.A.
- NIF: A08267403
- Address: Carretera Murcia S/N 30520, Jumilla – Murcia (Spain)
- Tel: 91 435 55 56
- Mail: avisostienda@jgc.es
1.-General conditions of use for https://www.jaumeserra.com/
1.1.-Ownership of the portal
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce of Spain, we inform you that this website is owned by J García Carrión, S.A. (hereinafter García Carrión), with address at Carretera de Murcia s/n 30520 Jumilla (Murcia) and with Tax Identification Number A08267403, registered in the Mercantile Registry of Murcia, volume 1,445, folio 181, Sheet no. MU-26,845, 2nd inscription, is the owner of the portal https://www.jaumeserra.com/, (hereinafter the Portal) and makes it available to Internet users (hereinafter the User or Users as appropriate), both to provide information about the company, its plants and wineries, its products and promotions linked to them, as well as to allow the provision of different services through the Portal (User registration, newsletter reception and online shopping in its online store – hereinafter the Store, among others).
Access to our website by the USER is free and is conditional on prior reading and full, express, and unreserved acceptance of these GENERAL TERMS OF USE in force at the time of access, which we kindly ask you to read carefully. By using our portal, its contents, or services, the USER accepts and expressly submits to its general terms of use. If the user does not agree with these terms of use, they must refrain from using this portal and operating through it.
1.2.-These General Terms of Use of the Portal, together with the general contracting conditions governing the provision of services, and/or any particular conditions that may be established, aim to regulate both the provision of information and the commercial relations that arise between García Carrión and the Users of the Portal.
By browsing the Portal and/or by using the services included therein (Registration, Newsletter, or Store), you acquire the status of User. Both browsing, and the use and/or utilization of any of the Portal's services, imply acceptance as a User, without reservations of any kind, of each and every one of these General Terms of Use, of the General Contracting Conditions that may govern the provision of the services offered on the Portal, as well as, where appropriate, of any Particular Conditions that may exist in relation to the provision of the services.
1.3.-García Carrión may at any time and without prior notice modify these General Conditions, as well as the General Contracting Conditions set out in the following section (number 2), and/or the particular conditions that, if applicable, are included, by publishing said modifications on the Portal so that they can be known by Users, always before visiting the Portal or acquiring any goods offered on the Portal.
2.-General contracting conditions for the online store at https://www.jaumeserra.com/
2.1.-General contracting conditions
2.1.1.-These general contracting conditions, together with any particular conditions that may be established, will expressly regulate the relationships arising between García Carrión and the "Users" who use the Store, as well as with third parties who contract the products offered through it.
2.1.2.-These General Conditions have been drafted in accordance with the provisions of the following regulations:
- Law 7/1998 on General Contracting Conditions,
- Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998,
- Law 7/1996 on Retail Trade Regulation,
- Royal Decree-Law 14/1999 regulating Electronic Signatures,
- Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
- Organic Law 15/1999 on Personal Data Protection (LOPD), and Royal Decree 1720/2007 developing the LOPD
2.2.-Products offered. Purchase system
2.2.1.-The visit products offered in the Store, along with their characteristics and prices, will appear on screen.
Likewise, any shipping costs to the User's home for the products, if applicable, will also appear on screen, and these will vary depending on the destination (within or outside Spain) and the number of boxes sent. They
Products will be available for sale while supplies last. The prices shown on screen are in euros and include VAT and any other applicable taxes, and are current, except for typographical errors.
Offers will be duly indicated on screen. García Carrión reserves the right to decide, at any time, which products are included and offered to Users through the Store. Thus, García Carrión may at any time add new products to those included in the Store, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the General Contracting Conditions in force at that time.
Likewise, García Carrión reserves the right to cease providing access, at any time and without prior notice, to any of the products offered in the Store.
2.2.2.-For the acquisition of the products offered in the Store, García Carrión will ask Users to register, for which said Users, who must be over eighteen (18) years of age, must follow the instructions that appear on the screen and which will require executing the following instructions:
- Complete the electronic form that appears on the Portal at each moment, following the instructions indicated therein.
- Click the "Accept" button.
- Receive the "Username" and "Password" in the User's email account.
The Username and Password are personal and non-transferable. García Carrión may, with adequate prior notice, make modifications to the username and/or password, in which case the modified keys will lose their validity.
2.2.3.-Once the User is registered, and to proceed with the purchase of Products, they must add the desired product to the Shopping Cart, according to the indications on the screen, completing the provided order form and sending it to García Carrión, which implies reading and accepting all these General Contracting Conditions, as well as any existing Particular Conditions.
The purchase will be understood as made at García Carrión's address, located at Carretera de Murcia s/n, 30520 Jumilla (Murcia).
2.2.4.-Once the purchase has been made and as soon as possible, always within thirty (30) days from the execution of the purchase, García Carrión's Customer Service Department will send the corresponding invoice to the purchasing User, who has requested it, to the address indicated on the form or by email to the email account that the User has indicated in their registration. The order confirmation sent by García Carrión will not be valid as an invoice, only as proof of purchase.
2.3.-Payment method, delivery and withdrawal from orders
2.3.1.-Payment for the price of the goods purchased and their associated shipping costs, which will appear on screen, can be made by credit card, transfer, PayPal, or cash on delivery.
To proceed with payment by credit card, the User must follow the instructions that appear on the screen, providing the following information:
- Card number.
- Expiration date.
- CVV2 or CVC2 card code
As an electronic payment system, García Carrión is affiliated with the Santander Elavon e-commerce payment gateway. All data provided for this purpose is encrypted under the SSL (Secure Socket Layers) protocol to guarantee maximum security.
García Carrión reserves the right to request from any User of the Store who has made a purchase, that they justify the payment thereof and/or identify themselves by providing a document (fax, e-mail or similar) that identifies them as the buyer and that may include the delivery address (DNI, Passport, Resident Card, Certificate of registration, etc.).
2.3.2.-García Carrión undertakes to deliver the goods purchased by the User to the buyer's address indicated for this purpose on the order form, if any (products will not be delivered to post office boxes or call centers), as soon as possible and, in any case, always within two (2) working days (Monday to Friday) from the date of placing the order (excluding holidays and weekends). The shipping costs of the purchased items, if any, will be paid by the Buyer.
2.3.3.-The User-Buyer will have a period of seven (7) working days, according to the official calendar of their place of residence, to terminate the purchase and sale without incurring any penalty or expense, including the expenses corresponding to the return of the good.
The seven-day period established in the preceding paragraph will be counted from the buyer's receipt of the purchased goods. However, if the buyer became aware of the right of withdrawal after the date of receipt of the purchased goods, the seven-day period will begin to run from the date on which they became aware of their right to return, at their own expense, the purchased goods. In any case, it will be understood that the buyer has known of the right of withdrawal from entering the Store, which requires reading and accepting these General Contracting Conditions, and in any case from the moment the order is placed.
Returns of orders must be sent to:
J García Carrión, S.A.
Carretera de Murcia, s/n
30520 Jumilla (Murcia).
Once the buyer has exercised the right of termination and the perfect and unaltered condition of the merchandise has been verified upon arrival at García Carrión's warehouse, García Carrión will return the amounts received by credit, without any retention, immediately and never later than thirty days.
Notwithstanding the foregoing, the right of termination (withdrawal) is excluded in those cases where, due to the nature of the content of the services, it is impossible to carry it out, without prejudice to the claim for damages suffered or when the merchandise returned to the warehouse or its packaging are not complete and/or in perfect condition.
3.- Withdrawal Information
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days from the day
a) that you or a third party indicated by you, other than the carrier, acquired physical possession of the goods (or, failing that, the last of those goods)
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax, or email) indicating your name, full address, and, if available, your telephone number, fax number, and email address. You can use the withdrawal form template below, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
In case of withdrawal by you, we will reimburse you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Return methods:
- We will collect the goods in case of breakage, inaccuracy in the order, or any error on our part in the delivery of the order.
- You must return or hand over the goods directly to us at
J García Carrión, La Mancha.
C/ Guarnicioneros S/N
13250 Daimiel (Ciudad Real)
Without undue delay and, in any case, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline is met if you return the goods before the period has expired.
Return costs:
- We will bear the costs of returning the goods, in case of breakage, inaccuracy in the order or any error on our part in the delivery of the order.
- You must bear the direct cost of returning the goods if you opt for voluntary withdrawal.
4.-Personal data protection policy
4.1.-For the purposes of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), García Carrión informs the User of the existence of an automated file of personal data created with the data obtained in the Portal by and for García Carrión, and under its responsibility, with the purposes of information and marketing of the products offered in the Store, as well as the performance of promotional, advertising and informative activities by any means (e-mail, postal mailing, telephone, mobile phone, etc.) about its product portfolio that may be of interest to you, to expand and improve its products by adapting its offers to the preferences or needs of its Users and to allow personalized browsing of the Portal.
4.2.-The user expressly accepts the inclusion of the data collected during browsing the Portal, or provided by filling out any form, as well as those derived from the commercial relationship and/or delivery of purchased products, in the automated file of personal data referred to in the section
During the data collection process, the User will be informed of the mandatory or non-mandatory nature of collecting such data for the delivery of the Products, except for placing orders, in which case García Carrión informs the User from this moment that it will not be considered voluntary, so its inclusion will be necessary for the formalization of the purchase order, to provide data related to identity, address, and credit card number to make the payment, as these data are necessary for the formalization and conclusion of the sale.
4.3.-The User may exercise, in respect of the data collected in the manner provided in the previous section, the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification, cancellation of data and opposition, if pertinent, as well as the revocation of consent for the transfer of their data.
The rights referred to in the previous paragraph may be exercised by the User, by means of a written and signed request addressed to the following address:
J. García Carrión S.A.,
Customer Service Department
Carretera de Murcia s/
30520 Jumilla (Murcia)
or by sending an email to avisostienda@jgc.es with a copy of your ID.
4.4.- By accepting these conditions, the User expressly consents to the transfer or communication of the data included in the file referred to in section 3.1, to the companies of the García Carrión group, whether or not they are located in Spanish territory, and for the same purposes indicated in the aforementioned section 3.1.
4.5 In the use of the data included in the file, García Carrión undertakes to respect its confidentiality and to use it in accordance with the purpose of the file, as well as to comply with its obligation to store it and to adopt all measures to prevent its alteration, loss, unauthorized processing or access, in accordance with the provisions of the Regulations on Security Measures for automated files containing personal data, approved by Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999.
4.6 Security of your personal data
In order to safeguard the security of your personal data, we inform you that García Carrión has adopted all the necessary technical and organizational measures to guarantee the security of the personal data provided from its alteration, loss, and unauthorized processing or access, as required by Royal Decree 1720/2007 which regulates the security measures for files containing personal data.
5.-Intellectual and industrial property. Prohibition of hyperlinks
5.1.-All the contents displayed on the Portal and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are subject to intellectual and industrial property rights of García Carrión or of third party owners who have duly authorized their inclusion on the Portal.
5.2 In no case shall it be understood that any license is granted or any waiver, transmission, total or partial assignment of said rights is made, nor is any right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of said contents without the prior express authorization of García Carrión or the corresponding owners.
5.3 Links to our Portal
The establishment of links to our portal does not confer any right over it, and is exclusively authorized to allow access to our website, with the total or partial reproduction of the images and contents of our portal on other pages being prohibited. Likewise, the mere act of establishing a link to our website does not give the right to assume the category of collaborator or partner of García Carrión.
The total or partial imitation of our portal is absolutely prohibited.
No link may be established to: https://garciacarrion.com/ from any other website without the prior and express consent of García Carrión.
6.-Responsibility of García Carrión
6.1.-J. García Carrión S.A. will only be liable for damages that the User may suffer as a result of the use of the Portal when such damages are attributable to intentional actions on its part. The User acknowledges and accepts that the use of the Portal, as well as the acquisition of the products, is carried out at their sole risk and responsibility.
6.2.-García Carrión is not responsible for damages that may arise from, by way of example and not limitation:
- Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the Users' computer equipment and systems, caused by reasons beyond García Carrión's control, which prevent or delay the placement of orders or navigation through the Portal;
- Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems;
- Those that may be caused by third parties through illegitimate intrusions outside the control of the Portal and that are not attributable to García Carrión;
- Differences in the information, documentation and/or other content of the Portal that may exist between the electronic version and the printed version;
- The impossibility of providing the Service or allowing access for reasons not attributable to García Carrión, due to the User, to third parties, or to cases of force majeure.
6.3.-García Carrión does not generally control the use that Users make of the Service.
In particular, García Carrión does not guarantee under any circumstances that Users will use the Service in accordance with the law, these General Conditions, generally accepted morals and good customs and public order, nor that they will do so diligently and prudently.
7.-User Obligations
7.1.-In general, the User undertakes to comply with this Legal Notice, as well as to comply with the special warnings or instructions for use contained therein or on the Portal and to always act in accordance with the Law, good customs and the requirements of good faith, using the appropriate diligence for the nature of the service they enjoy, refraining from using the Portal in any way that may prevent, damage or deteriorate its normal operation, the assets or rights of García Carrión, the rest of the Users or in general any third party.
7.2.-Specifically, and without this implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes, when using the Portal, as well as when acquiring the products from the Store (wines and cavas), to:
- In the case of registration, the User undertakes to truthfully provide the data provided and to keep them updated.
- Not to introduce, store or disseminate on or from the Portal any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general current regulations.
- Not to introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that may cause damage to the Portal, to any of the Services, or to any of the equipment, systems or networks of García Carrión, of any User, or in general of any third party, or that in any other way is capable of causing any type of alteration or preventing their normal operation.
- To adequately safeguard their username and password, as identifying and enabling elements for access to the purchase of products, committing not to transfer their use or allow third parties to access them, assuming responsibility for any damages that may arise from their improper use. Likewise, the user undertakes to communicate to García Carrión, as quickly as possible, their loss or theft as well as any risk of access to the username and/or password by a third party.
- Not to use false identities, nor to impersonate the identity of others in the use of the Portal or in the use or acquisition of any of the Products, including the use, where appropriate, of third-party passwords or access codes or in any other way.
- Not to destroy, alter, disable or damage the data, information, programs or electronic documents of García Carrión or third parties.
- Not to introduce, store or disseminate through the Portal any content that infringes intellectual, industrial property rights or business secrets of third parties, nor in general any content that, in accordance with the law, they do not have the right to make available to third parties.
8.-Communications
For the purposes of this Legal Notice, and for any communication necessary between García Carrión and the Users, they must address themselves to:
J García Carrión, S.A.
Customer Service Department
Carretera de Murcia s/n
30520 Jumilla (Murcia).
Communications from García Carrión to the User will be made according to the data provided by the User when registering on the Portal.