The website ‘www.decantalo.com’ is a service offered by Decántalo Vinos SL (hereinafter also referred to as ‘THE ORGANISER’) with address at C/ Piquer 6, 08004, Barcelona; and Tax Id Number (NIF) B65335606. It is a company registered in the Commercial Registry of Barcelona, in Volume 42020, Sheet 11, Page 399381, Entry 1. You can contact the company at the indicated address, as well as on the telephone +34 93 446 18 13 or by sending an e-mail to the address [email protected].
‘THE ORGANISER’ carries out the provision of this service in accordance with the following terms, applicable exclusively to the service offered on and through the website ‘www.decantalo.com’ (hereinafter ‘THE WEBSITE’). Any other commercialisation or distribution channel may imply changes with respect to these terms (this document may be printed and stored by visitors and users, becoming part of the pre-contractual information).
1-Description of the Service
‘THE WEBSITE’ offers a service of commercial and sales information, both wholesale and retail, of products related to alcoholic beverages, mainly wines, sparkling wines and distillates, as well as accessories and other items.
Therefore, although access to the website is free and some of its products are suitable for purchase even by people under age, ‘THE ORGANISER’ excludes, as registered users and customers, people who do not have full capacity to contract or do not have full age or legal age for the purchase or consumption of alcoholic beverages. If for any reason you feel that this exclusion is unjustifiably prejudice to you, please contact us using the contact details listed in the previous section.
‘THE WEBSITE’ is suitable for the commercialisation of its products both to final consumers and to customers who are not legally considered consumers/users. Consequently, some of the consumer provisions of these terms may not be applicable to customers who interact with ‘THE WEBSITE’ for purposes related to their commercial, business, trade activity or profession.
In any case, and without prejudice to the different mechanisms that THE ORGANISER and third parties make available for the best resolution of any possible incidents that may arise, consumers are informed that the European Commission provides a free online dispute resolution platform, which is available at: http://ec.europa.eu/consumers/odr/. Without prejudice to their rights, consumers may, where appropriate, submit their complaints via the online dispute resolution platform.
2-Operation of the Service
he information on the marketed products is not exhaustive and has been provided by manufacturers and suppliers.
Therefore, ‘THE ORGANISER’ cannot assume any responsibility for any inaccuracies in this information, beyond that which may correspond to it in terms of consumer matters. In any case, ‘THE ORGANISER’ undertakes to remove or correct any incorrect information it becomes aware of or that it has been notified as incorrect (through any of the channels previously described).
3-Functioning of the Service
Likewise, from this moment and at any time, through ‘THE WEBSITE’ (or other channels), the user may purchase the products they choose by interacting with ‘THE WEBSITE’. The user will always be indicated the product selected, the number of units chosen and their unit price, finally showing all the items selected, the unit and total price, as well as a breakdown of the applicable taxes, any possible transport/shipping fees and the payment method chosen. The user will also be shown the discounts or bonuses that have been applied and information on the approximate delivery time.
For this purpose, the user may be asked for data related to the contracting natural/legal person, their billing/delivery address, options related to the delivery/shipping/collection of the order/payment method or other aspects, always related to the product/service contracted by the user.
Any order placed will be confirmed and credited through an e-mail that will be sent to the purchaser. Confirmation can also be found in the private section of ‘THE WEBSITE’.
n any case, to proceed with the payment of any product, the Customer must follow all of the instructions shown on the corresponding page or in the commercial communications made in this respect. The payment for the products or services can only be performed using credit or debit card or other forms of payment indicated from time to time. These means of payment will be subject to checks and authorisations by the issuing entities However, if said entity does not authorise the payment, the purchase cannot be concluded and the order will be automatically cancelled. In such case, the purchase of the product or service will be deemed not to have taken place.
The price of the specific products or services, the shipping costs, if any, as well as any applicable taxes, will be charged upon placing the order.
If no carrier is selected by the registered user at the time of placing an order, selecting rather the ‘pick up in Decántalo’ option, "THE ORGANISER" will save the order for a maximum period of two months from the date of placing the order. If the order has not been collected after this period, "THE ORGANISER" will understand that the customer is not interested in accepting the order and will proceed to place the products on sale again without the customer having the right to any refund.
‘THE ORGANISER’ has an e-commerce payment gateway installed as an electronic payment system. All data provided to ‘THE ORGANISER’ for this purpose are encrypted to ensure maximum security and are hosted on a secure server certified according to the Secure Socket Layer (SSL) protocol. Under no circumstances will the bank card details be stored in the files of ‘THE ORGANISER’. If applicable and for the sole purpose of the contractual process developed, they may only be stored by the bank payment gateway.
Within the order process we will be sending your data to RatePAY GmbH for the purpose of verifying your identity and creditworthiness as well as the performance of the contract. All details may be found in the Additional Terms and Conditions and Data Protection Notice of RatePAY GmbH, which are part of these General Terms and Conditions.
If there is no stock of a specific product, ‘THE ORGANISER' will contact the purchaser to notify them about the incident and agree on alternatives, including the possibility of replacement by ‘THE ORGANISER’ of the goods purchased with another item of similar characteristics and equal or higher quality, or the return, without delay, of the sums paid for the product.
Through Presales or Premier Sales, ‘THE ORGANISER’ offers the possibility of purchasing products before they are generally made available to the public, since a product ‘under production’ is being purchased and will be delivered once it has matured, followed its own ageing process and served by the corresponding winery.
Due to its intrinsic nature, this type of purchase is made through the initial payment of the product, excluding any subsequent shipping costs (which must be paid once the product is ready to be served, provided that collection from the premises of ‘THE ORGANISER’ has not been chosen). Such subsequent payments cannot be made through cash-on-delivery.
This type of sale is subject to the existence of a ‘quota’ on the part of the winery/supplier. Therefore, if the number of units purchased exceeds this ‘quota’ established, ‘THE ORGANISER' will contact the purchaser to notify them about the incident and agree on alternatives, including the possibility of replacement by ‘THE ORGANISER’ of the goods purchased with another item of similar characteristics and equal or higher quality, or the return, without delay, of the sums paid for the product.
‘THE ORGANISER’ will protect your data in accordance with the applicable data protection regulations.
‘THE ORGANISER’, in accordance with the applicable regulations, will keep the personal data it has collected, and will take the necessary measures to prevent their alteration, loss, unauthorised access or processing. In addition, all users have the right to withdraw their consent to the transfer of their data.
All the information provided during the registration process must be true, complete and accurate. The user must contact ‘THE ORGANISER’ (by any of the means indicated in the previous section) in the event of changes in the information provided.
All the data provided may, where appropriate, be processed by third-party collaborating companies or those subcontracted by ‘THE ORGANISER’ for the performance of specific tasks (customer service, call centre, invoicing management, shipping, collection, etc.)
Likewise, the data provided may be processed by ‘THE ORGANISER’ or third parties, always in an instrumental, accessory and complementary way to the main purposes of the file (the provision of the service and the reception, where appropriate, of commercial communications), in order to ensure that these purposes are as optimal as possible.
Data may also be transferred to third parties involved in the activity sectors indicated in the previous section. The aim is to be able to send you, through any channel (postal, electronic, telephone, computer and the Internet), advertising and commercial promotions in the sectors described in section 4 above, provided that there is a legitimate interest in doing so or that the user has expressed, through a positive action, their consent to be able to process such data for commercial purposes, as well as the transfer of their data to companies with which collaboration agreements are entered into, for the fulfilment of purposes directly related to their legitimate functions and always with the aim of providing the best service. We must have the user’s unequivocal consent that such processing and transfer may be carried out by means of international transfers to third parties that are located in countries that offer a different level of protection to that which governs ‘THE ORGANISER’.
For any matter related to the exercise of your legal rights regarding personal data, you can contact your own supervisory authority or THE ORGANISER’s supervisory authority, if different, or contact the Data Protection Officer of ‘THE ORGANISER’ ([email protected]). The DPO’s additional contact details can be requested by sending an application to ‘THE ORGANISER’ using the contact details pointed out at the beginning of this document.
The users of ‘THE WEBSITE’ are informed and give their authorisation for the reception of advertising by ‘THE ORGANISER’ as well as, where appropriate, by the sponsors or companies with which a commercial agreement, explicitly indicated on the website, has been reached, always with regard to products and services of interest to them.
This communication can be carried out through all the channels provided by the participant: e-mail, SMS, telephone, post or through the use of computer applications and social networks. Where appropriate, such communications may include cookies/beacons/bookmarks that, anonymously and without affecting any personal data, allow ‘THE ORGANISER’ or the collaborating companies, to establish better communication with the participant.
Likewise, after expressing valid and specific consent for this, you may receive information and advertising from other companies or related entities about sectors that may be of interest to you by any of the means described above.
Commercial communications may include one or more cookies/bookmarks/beacons which have both technical purposes (to enable us to improve the reception of such communications, to inform us whether they have been received/opened) and advertising purposes, in order to allow better interaction with the recipients of such commercial communications. Such bookmarks, whether they be ‘session’ or ‘permanent’, have a fixed duration, they are technically protected against third parties and do not allow you to be identified under any circumstances, only to be individualised for better processing. You may withdraw the consent provided by accepting these terms at any time, either by sending a notice to [email protected] or by setting up your browser and your e-mail access/reading system accordingly.
Users may withdraw, in whole or in part and at any time, their consent to the receipt of advertising communications by notifying the sender of such communications by e-mail at [email protected] A total withdrawal communicated to ‘THE ORGANISER’ will also result, within a maximum period of one week, in the erasure of the user’s data from the files owned by ‘THE ORGANISER’, blocking them and keeping them only, where appropriate, for the purpose of ensuring compliance with legal or contractual obligations. The total withdrawal means that you will no longer be considered a registered user.
All persons whose personal data are subject to processing may exercise, free of charge, the actions derived from the rights of objection, access, rectification, erasure, information, portability, limitation of processing and any others that they may be entitled to, through one of the following means: In writing, sending a request together with the documentation accrediting their identity to ‘THE ORGANISER’ by any of the means indicated at the beginning of this document, or by e-mail: [email protected]
All the prices that appear on ‘THE WEBSITE’, where applicable and unless otherwise expressly stated, are in EUROS and show all the applicable taxes and shipping costs, if any.
Delivery times for products will depend on the method chosen by the user when placing the purchase. The user may also choose free pick-up at the premises of ‘THE ORGANISER’. Any delivery outside the premises of ‘THE ORGANISER’ is carried out by third parties in accordance with the specified deadlines. However, local/regional/state holidays and force majeure events, among others, may affect these delivery times.
If the consumer/user orders the transport of the goods or if the chosen carrier is not among those suggested by ‘THE ORGANISER’, the risk shall pass to the consumer/user with the delivery of the goods to the chosen transport company.
f at any time the Customer indicates that the product or products purchased are ‘a gift’ and, therefore, if the delivery details identify another person that is not the Customer, or if the purchased product is a ‘Gift Card’, the Customer acknowledges that they have the authorisation of the recipient regarding their data to be processed by ‘THE ORGANISER’, despite the fact that the latter confirms that it will not use the data for other purposes other than the delivery of the product. The Customer also acknowledges that the recipient is of full legal age and has the sufficient legal capacity to enjoy the goods to be delivered.
6-Right to Cancel
Exclusively in the event that the user/customer is also a consumer, they will have a maximum of fourteen (14) calendar days from delivery of the product to cancel, in whole or in part, the purchase of the product, in accordance with the applicable legislation.
To exercise this right, the customer must contact ‘THE ORGANISER’ by sending an e-mail to the following address: [email protected]. In addition, the user may use the cancelation form available at this link.
In any case, the product must be delivered to ‘THE ORGANISER’ at the customer’s expense, in the same condition in which it was delivered, with its original packaging and labelling, bearing in mind that this right may not be exercised in respect of sealed goods which are not suitable for return due to health safety or hygiene and which have been unsealed after delivery.
Upon receipt of any goods subject to cancellation, ‘THE ORGANISER’ will refund, without undue delay, the corresponding payment received from the CUSTOMER, including the original transport charges, unless the consumer and user has expressly selected a delivery method different from the less expensive method of standard delivery. In this case, additional costs arising from it will not be refunded.
Solely in the event that the user/client holds the status of consumer, we acknowledge the right to full conformity of the products with the agreed contractual commitments.
All products offered through the website will have a warranty period of 3 years from the date of purchase, according to the criteria and conditions described in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws that may be applicable. This guarantee is applied always taking into account the nature of the products purchased and the perishable or semi-perishable nature of the same, and is not applicable in all situations.
Consumers must inform Decántalo of any non-compliant products using the following e-mail address [email protected]
8-Loyalty or Reward Programme and Actions
‘THE ORGANISER’ may establish one or more programmes or different loyalty actions for its registered users. Each programme/action will be governed by its specific terms, which will be duly indicated at any given time.
If any of these actions or programmes involves the provision of data (including, for example, e-mail address) of third parties by the Customer to ‘THE ORGANISER’, the Customer must have proof of prior authorisation to do so.
The so-called ‘DECÁNTALO POINTS’ are established as non-transferable courtesy privileges of a gracious nature, subject to the conditions of obtainment/redemption/expiration and any other conditions that may in due course be established by ‘THE ORGANISER’, without being substitutable for their monetary value.
At the same time, apart from cookies in their technical sense, access to this website may involve the use of other technologies of equivalent effect (bookmarks) that, where appropriate, allow technical optimisation of the website and the service offered, as well as possible better integration with third-party platforms or the use of multiple devices.
The cookies that may be used on ‘THE WEBSITE’, if any, are not for advertising purposes. Their are used for technical, analytical and personalisation purposes. By using cookies, we can calculate the number of users and thus perform the statistical measurement and analysis on how users make use of the service offered, while adjusting the service to the characteristics of the user and their device.
10- Modification and Cancellation of the Service
11- Intellectual and Industrial Property
Both ‘THE WEBSITE’ and all the contents derived from it are protected by Intellectual Property laws. They may not be the object of exploitation, reproduction, distribution, modification, public disclosure, transfer or transformation. Access to this website does not grant users any right or ownership over the intellectual property rights of the contents on this website.
‘THE ORGANISER’ welcomes any unsolicited submission of testimonials and other opinions, considerations and comments regarding the products or services offered by ‘THE ORGANISER’ either on ‘The Website’ or on other platforms or channels. Such information may be added to the website (or other channels), guaranteeing at all times the recognition of the authorship and privacy of the authors. Therefore, and in order to comply with current legislation and the technical characteristics of the medium, the materials submitted may be subject to modifications. By submitting such contributions, their authors waive any economic right or other right over them, but may request their withdrawal at any time.
The content of this website may be downloaded to the user’s device, provided that it is done for private use and without any commercial purpose. Therefore, the user may not exploit, reproduce, distribute, modify, publicly disclose, transfer, transform or use the content of this website for public or commercial purposes.
The organising company does not transfer ownership of its software to users. The user is the owner of the medium on which the software is installed. The organising company retains all industrial and intellectual property rights including the software. If the user transfers software from this website to their device, the user will not be able to take it apart to study it, or decompile it, translate the original object code version or its language into another code or language.
The contents of ‘THE WEBSITE’ are aimed exclusively at registered users for their personal use. Any other use (commercial or otherwise) made of the information contained on the website is prohibited.
The organising company reserves the right to take legal action against users who violate or infringe the rights over databases and/or intellectual and industrial property, where proprietary or of third parties.
12-Limitation of Liability
THE ORGANISER’ will not be liable for any problems arising from the abnormal functioning of third parties involved in the technical process of the ‘THE WEBSITE’ service. Thus, it will not be liable for failures in the telecommunications networks, in the services provided by Internet service providers, in collapses and cuts in telephone lines, errors in the validation programme, difficulties to receive communications due to third-party anti-spam filters, etc.
THE ORGANISER shall not be liable in any case, under any circumstance for any potential damages or losses that may result from the authorisation given personally by the customer to the carrier to leave the delivery in any location other than the one specified as the delivery address.
THE ORGANISER will not be liable under any circumstances and for any reason for the loss of data transmitted incorrectly, nor for those transmitted after the deadline or those whose transmission has been prevented or hindered by technical filtering systems by e-mail or management software providers.
13-Jurisdiction and Nullity and Ineffectiveness of the Clauses
These General Terms are subject to Spanish law. In the event of a dispute relating to these General Terms, the courts of Barcelona (Spain) shall have exclusive jurisdiction, except in the event of a dispute with non-traders (consumers), in which case, the competent legal regulations apply.
None of the above clauses shall be understood to be contrary to or restrictive of the provisions of the mandatory regulations applicable to ‘THE ORGANISER’ in the field of consumer or user protection.