GENERAL CONTRACT TERMS AND CONDITIONS

The present General Contract and Use Terms and Conditions (hereinafter referred to as the "General Terms and Conditions") shall govern, together with the Privacy Policy and Cookies Policy, the access and use of the website accessible under the domain name www.antigvadegusta.com and its sub domains (hereinafter referred as to "the Website") as well as the hiring of products and/or services through same. Mere access to the Website confers on the person who uses same the condition of User of the Website (hereinafter referred to as "the User") and which implies acceptance of all terms and conditions included in these General Terms and Conditions. Please do not use this website unless you agree with these General Terms and Conditions, if you do not agree you should leave the Website immediately without using it.

By accepting the present General Terms and Conditions, the user declares that:

  • That he/she has read and understand the contents.
  • That he/she is of legal age pursuant to the prevailing legislation in his place of residence, otherwise the minor must have the authorization of his/her legal representatives.
  • That, in the event of intending to take out under contract any product/service, has sufficient standing to do so.
  • That he/she assumes all obligations set forth herein.

The User should carefully read the present General Terms and Conditions each time the Website is accessed, given that same and these General Terms and Conditions may be subject to modification.

The owner of the Website reserves the right to make, at any given moment, any modification or update to its content and services, of the present General Terms and Conditions and, in general, any elements comprising the design and configuration of the Website. The modification of these General Terms and Conditions shall not affect the goods or promotions acquired prior to the said modification.

Should ANTIGVADeGusta® commission a trusted third party the custody of the successive versions of the general terms and conditions, both parties recognize as the only valid version of said terms and conditions at any given moment that version which is kept in the database of the trusted third party.

1. General information of the Web Site

Pursuant to that set forth in Article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, the following general information on the Website is provided:

Owner: EFFE Enterprises Co, S.L. legal owner of the trademark registered as ANTIGVA DeGusta®(hereinafter referred to as “ANTIGVA DeGusta®”).

Registered office: C/ Pepe Martinez Mollá, 2 – Local 3, 48000 XATIVA, Valencia.

CORPORATE TAX ID (C.I.F.) NO.: B-79442208

E-mail: socios@antigvadegusta.com

Telephone: 961 489 330

Registration details: Mercantile Register of Valencia. Tome 8797, Book 6083, Folio 14, Sheet no. V-125897, Entry no. 2

2. Conditions of Use

2.1. Access to the Website

Mere access to the Website is free except in what concerns the cost of connection through the telecommunications network provided by the service provider contracted by the User.

2.2. Registration Requirement

The use of certain services and content may be subject to prior registration.

The data entered by the User must be accurate, up to date and truthful. The Registered User shall be responsible at all times for the safekeeping and integrity of his/her password, thus assuming responsibility of any losses and damages arising from its misuse, as well as the assignment, disclosure or loss thereof. For these purposes, access to restricted areas and/or use of content and services carried out under the password of a Registered User shall be deemed to have been made by the abovementioned Registered User, who shall be responsible, in any event, for the aforementioned access and use.

2.3. Website usage rules

The User hereby undertakes to use the Website and all its contents and services in compliance with that set forth in law, moral standards, public order and in the present General Terms and Conditions. The User likewise undertakes to make and appropriate use of services and/or contents of the Website and not to use same for any illicit activity or acts which may constitute a crime, or to act against the rights of third parties and infringe the intellectual and industrial property rights, or any other rules or the applicable legislation.

The User agrees not to transmit, insert, disseminate or make available to third parties any type of material and information (data, content, messages, pictures, audio and video files, photographs, software etc.) which are contrary to law, morality, public order and the present General Terms and Conditions. By way of example, and under no circumstances whatsoever restrictive or exclusionary, the User hereby undertakes to:

  1. Not to enter or disseminate content or propaganda of racist, xenophobic, pornographic nature, or statements justifying terrorism or violating human rights.
  2. Not to insert or disseminate network data programs (viruses and harmful software) which may damage the computer systems of the service provider, its suppliers or third Users of the Internet network.
  3. Not to disseminate, transmit or make available to third parties any information, element or content which undermines fundamental rights and public freedoms constitutionally recognized and in international treaties.
  4. Not to distribute, transmit or make available to third parties any information, element or content which constitutes illegal or false advertising.
  5. Not to transmit unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas (such as commercial areas) that have been expressly designed for this purpose.
  6. To refrain from introducing or disseminating false, ambiguous or inaccurate information and contents that misleads the recipients of the information.
  7. Not impersonate the identity of other Users using their registration passwords to the various services and/or contents of the Website.
  8. Not to distribute, transmit or make available to third parties any information, element or content which entails an infringement of the intellectual and industrial property, patents, trademarks or copyrights which correspond to the owners of the Website or third parties.
  9. Not to disseminate, transmit or make available to third parties any information, element or content which constitutes a breach of the secrecy in communications and the protection of personal data legislation.

The User hereby undertakes to hold ANTIGVA DeGusta® harmless for any possible claim, fine, penalty or sanction which it may be obliged to bear as a result of the breach by the User of any of the aforementioned usage rules, furthermore, ANTIGVA DeGusta® reserves the right to seek compensation for losses and damages to which it may be entitled to.

Periodically, ANTIGVA DeGusta® shall furnish to the User through its communications, such as for examples, regular newsletters, a link which enables one to access his/her personal account. Said access shall be undertaken through a single, private address, so that the User need not enter his/her passwords to the Website. Accordingly, the User should treat the communications of ANTIGVA DeGusta® as confidential and refrain from forwarding same to third parties, to prevent unauthorized access to the private information of his/her account.

2.4. Limitation of Liability

The access to the Website by the User does not entail the obligation of ANTIGVA DeGusta® to ensure the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in either event, to avail him/herself of the appropriate tools for the detection and disinfection of malicious software.

ANTIGVA DeGusta® shall not be held liable for any damages caused to the software and computer equipment (hardware) of the Users or third parties during the use of services offered on the Website.

ANTIGVA DeGusta® shall not be held liable for losses and damages of any kind incurred by the User resulting from failures or disconnections of the telecommunications networks which may result in the suspension, cancellation or interruption of the Website service during or prior to the provision thereof.

2.5. Contents and services linked via the Website

The access to the Website service may include technical linkage mechanisms, directories and even search engines and tools enabling the User to access other websites and Internet portals (hereinafter referred to as the "Linked Sites"). In these cases, ANTIGVA DeGusta® shall only be held liable for the contents and services provided on the Linked Sites insofar as that it has actual knowledge of an illicit activity and has not deactivated the link with due diligence. In the event that the User takes the view that a Linked Site contains unlawful or unsuitable contents, this can be notified to ANTIGVA DeGusta®, but under no circumstances will this notification impose any obligation whatsoever to delete the link in question.

The existence of Linked Sites in no way implies the existence of agreements with the managers or owners thereof, or the recommendation, promotion or identification of ANTIGVA DeGusta® with the statements, contents or services provided. ANTIGVA DeGusta® has no knowledge of the contents and services of the Linked Sites and therefore cannot be held liable for damages resulting from the unlawfulness, quality, nature, outdatedness, unavailability, error or uselessness of the content and/or services of the Linked Sites or for any other damages whatsoever which are not directly attributable to ANTIGVA DeGusta®.

2.6. Intellectual and industrial property

All contents of the Website, which is hereby understood as, including but not limited to, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as graphic design thereof and source codes are the intellectual property of ANTIGVA DeGusta® or of any third party, and it cannot be construed that any of the exploitation rights thereof recognized by the prevailing legislation on intellectual property as regards same have been assigned to the User.

The trademarks, trade names or distinguishing signs are owned by ANTIGVA DeGusta® or third parties which may not be construed that access to the Website confers any rights whatsoever as far as their use is concerned.

In either event, the User acknowledges and accepts that the scores and comments made as regards the products available on the Website may be accessible to other users of the Website, including the identity of its author.

As regards the comments freely posted by the User on the Website, which may or may not include an opinion or description of the products offered (hereinafter referred to as "the Contents"), the User confers to ANTIGVA DeGusta® an non-exclusive free license of use, worldwide and having a maximum duration as set forth in law. As regards said license, ANTIGVA DeGusta® may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of rendering the services offered by ANTIGVA DeGusta® and advertise its products and services.

3. Contract Terms and Conditions

3.1. User Registration

The use of the services provided by ANTIGVA DeGusta® entails the requirement of registration of the User on the Website.

The User must proceed to his/her registration specifying his/her complete name, email address and can specify the email/address of a Sponsor user. Once registration is completed, a message to the designated email account with a link that the User must follow to confirm that access to same is available, shall be sent.

In either event, the User shall be required to accept the present General Terms and Conditions as well as the Privacy Policy and Cookies Policy.

Once the User is correctly registered on the website he/she can at any given moment access the "My Account" section. Through "My Account" the User can modify his/her personal data as well as the data in relation to the shipment of orders, verifying as to whether or not there are any outstanding orders pending delivery.

In the "My Account" section the User can view his/her available gift certificates, download the order bills, keep track of which friends of the User have registered in ANTIGVA DeGusta® as per recommendation of the latter in the "My Refer a Friends" section and the option to cancel the account at any given moment specifying the reasons for wishing to cancel the account.

3.2. Shipping and delivery conditions

ANTIGVA DeGusta® ships only its products to: the Spanish mainland, the Balearic Islands, the Canary Islands. It will not be possible to carry out the purchasing process through the Web site to destinations other than those specified therein. ANTIGVA DeGusta® does not ship products to the autonomous cities of Ceuta and Melilla.

The purchase of products on the Website is subject to payment of shipping costs to be borne by the purchaser.

Shipping costs depend on the destination and number of products purchased according to the following indicative timetable. In either event, the actual shipping costs will be specified during the purchasing process and the purchaser will have the option to check these costs prior to finalizing his/her purchase. ANTIGVA DeGusta® cannot be held liable for any delay in the delivery of orders due to reasons not attributable directly to ANTIGVA DeGusta®, unforeseen circumstances (acts of God) or force majeure.

AREA

COUNTRY

UNITS

COST

DAYS

1

SPAIN(Mainland)

1-6

5,00€

2

7-12

7,00€

13-18

12,00€

19-24

15,00€

25-30

20,00€

>30 Ud.

FREE

1

SPAIN(Balearic Islands)

1-6

20,00€

3

7-12

30,00€

13-18

40,00€

19-24

50,00€

25-30

60,00€

>30 Ud.

FREE

1

SPAIN(Canary Islands)

1-6

30,00€

8

7-12

45,00€

13-16

60,00€

19-24

75,00€

25-30

90,00€

>30 Ud.

FREE

The specified deadlines are understood as from the working day following the order confirmation.

The aforementioned shipping costs include also the transport of the products, its packaging in boxes especially designed to transport bottles, insurance against loss or breakage, as well as the VAT.

Delivery of orders will be made in the delivery address freely designated by the User. ANTIGVA DeGusta® shall not be held liable when the delivery of the product cannot be carried out as a result of the inaccuracy or falsehood of the information furnished by the User for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of ANTIGVA DeGusta®, such as the absence of the recipient at the delivery address.

In the absence of the recipient, whenever possible, a note will be left with the information necessary to arrange a new delivery at the recipient's address or the necessary information for the recipient to pick up the product at a certain location. In either event, seven (7) days having lapsed from the last delivery attempt without the order being delivered, the product will be returned to origin proceeding to rescind the contract.

3.3. Refer a Friend

The User may send information as regards ANTIGVA DeGusta® to a third party by means of a form facilitating the friend's name, his/her email and a message addressed to that friend. For further information, please consult our privacy policy.

In the event that the User of the ANTIGVA DeGusta® website furnishes third party data through the "Refer a friend" functionality, the latter expressly stating by means of ticking the "I state that the express consent of the person to whom the email is to be sent has been obtained" checkbox, having the express consent of the third party for the assignment of his/her data to ANTIGVA DeGusta® for the sole purpose of sending him/her the information that the User deems may be of interest to the third party, ANTIGVA DeGusta® shall not be responsible for the remittance of said information to the third party in question.

The User hereby undertakes to hold ANTIGVA DeGusta® harmless for any possible claim, fine, penalty or sanction which it may be obliged to bear as a result of the breach by the User of the consent request so as to receive this type of information.

The "Refer a friend" functionality enables the User to win gift certificates. The User will obtain a gift certificate every time a person who he/she has invited, registers for the first time and places a first order. Those orders which have not been returned or canceled and which have a shipping address different to that of the shipping or billing addresses used customarily by the User who has sponsored or referred someone shall be considered as valid.

The gift certificates obtained as a result of using this functionality are only redeemable on purchases made on the Website and its use may be subject to certain terms and conditions which shall be notified to the User at the time when the gift certificate is generated.

In the event that ANTIGVA DeGusta® detects a misuse of the "Refer a Friend" functionality, it reserves the right to cancel the gift certificates associated to the User account which has been generated by this functionality, and can even proceed to suspend or cancel the account of the User that has undertaken the improper or fraudulent use.

3.4. 100% Satisfaction Guaranteed

ANTIGVA DeGusta® offers an additional warranty to the User called "100% Satisfaction Guaranteed", based on which, the User has the option to return the units acquired of a product if upon the verification of a product, which does not satisfy the purchaser.

The User has a period of 15 calendar days from receipt of the products so as to request the refund of the products by sending an email to socios@antigvadegusta.com, and specifying the subject matter as "100% satisfaction guaranteed". The User must specify the order number and products that are wished to be returned and refunded.

The User must return the remaining product units which have not been tasted and/or inspected in perfect condition (not damaged, soiled or opened by the User), properly protected and ideally in its original packaging. Following verification by ANTIGVA DeGusta® of the good condition of the products, shall proceed to refund the amount corresponding to the returned units within no more than 10 calendar days using the same means of payment which the User used for the initial purchase. This guarantee does not include the shipping costs of the return, which shall be borne by the User.

3.5. Product selection by the User

All registered Users may take out under contract through the Website the purchase of the products.

The purchasing process in ANTIGVA DeGusta® is based on a virtual shopping basket, which the User can add the products he/she wishes to purchase.

So as to add products to the shopping cart, once the User is on the product description page and the available customization options selected, the User must select the "Add to basket" option provided.

At all times the User can access and modify the content of the basket.

3.6. Order handling (checkout)

Once the desired products to be purchased are in the shopping basket, the User may start the ordering process by selecting the "View Basket" option, an option which will display to the User the contents of the virtual basket, enabling a modification of the selected products and elimination thereof from the shopping basket.

The User must ensure that the products displayed on the screen are those which are wished to be purchased and to select from the listed geographical areas that corresponding to the shipping address. At this point the total price of selected products and shipping charges generated, as well as taxes that correspond herein (VAT) is displayed. Also in this section, the User can view, where appropriate, the promotions automatically applied to his/her order, using the promotional codes and/or gift certificates which are available to the User.

By clicking "NEXT", the User accesses a panel where the shipping information should be specified; so as to proceed with the contract process, the User must fill in the shipping information, including his/her complete name, telephone number and address, filling in all the fields marked as mandatory. In this section the User may include the useful information which he/she deems necessary for the courier, although ANTIGVA DeGusta® cannot ensure its compliance.

If the User wishes the billing address to be different from that of the shipping address, he/she must tick the "My billing address is different to that of the delivery" checkbox and fill in the corresponding information. In the same section, the User can add a message for the recipient, especially relevant in the case of gifts.

In the next stage of the purchasing process, the User must select the method of payment. At this time again the User is once again advised as regards the exact amount payable, resulting from adding the price of the products and shipping costs, net of any possible promotional discount and/or gift certificate.

Following the "TO ORDER" link, the User will be directed to the selected payment gateway. Once the payment is processed successfully, the request will be processed automatically, confirming on screen the order information and sending an email to the User confirming the operation.

3.7. Product prices

The prices of products are listed in the description attached to same. All prices listed in the product description are expressed in the Euro currency (€).

3.8. Method of payment

The purchase of products through the ANTIGVA DeGusta® Gateway allows the following methods of payment:

  • Payment using a debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.
  • Payment by PayPal.
  • Payment on delivery with costs and/or fees included.

So as to use a credit card through a virtual POS, the purchaser must fill out a form specifying the name of the cardholder, card type, card expiry date and card security code.

ANTIGVA DeGusta® does not have access to any banking data linked to the methods of payment and has no knowledge of nor records these data during the payment transaction.

3.9. Receipt of acceptance confirmation

Upon completion of the purchasing process, the User will receive, in his/her email address designated in the registration form, a communication specifying product features, price, selected method of shipping, contract date, order number and delivery date. Likewise, it will be sent to the email address furnished by the User to of a permanent link of the present contract terms and conditions. The User may at any given moment, free of charge, a copy of the general terms and conditions applicable at all times to ANTIGVA DeGusta® or any third party designated for the registration and version control, where appropriate.

3.10. Right of withdrawal.

The purchaser shall have in either event within a period of fourteen (14) calendar days following the receipt of the Product to exercise his/her right of withdrawal without having to justify reasons for doing so or subject to any fine whatsoever.

Pursuant to Article 102.d) of Royal Decree 1/2007 of 16 November, wherein the revised text of the General Law on the Protection of Consumers and Users and other supplementary laws was approved, is not applicable the supply of goods which may deteriorate or expire rapidly, reason why the right of withdrawal on the bottles that have been open for example, due to the rapid deterioration of the content in such cases cannot be exercised.

The purchaser shall declare its intention to withdraw within the specified deadline and shall proceed to the return of the product. To this end, the User can use the form which ANTIGVA DeGusta® makes available here or either the remittance of an email to the address socios@antigvadegusta.com including his/her name and address as well as the order number. The User can also telephone in order to expedite the process of refunding the amounts.

ANTIGVA DeGusta® shall reimburse the sums paid by the User without the retention of expenses. However, the cost of returning the product will be borne by the User.

Upon receipt of the products on which the right of withdrawal is exercised and once its acceptable condition is verified, ANTIGVA DeGusta® shall refund the sums paid to the User within no more than 10 calendar days. Products which do not retain their original packaging may suffer a depreciation.

4. Severability and Null and Void clauses

If any clause included in these General Terms Conditions were declared totally or partially null and void or unenforceable, such nullity or unenforceability shall be deemed severable and will only affect that provision in question or part thereof which is null and void or unenforceable, whilst the remaining clauses of the present General Terms and Conditions will remain in effect, considering said provision in whole or in part as not included.

5. Applicable law and jurisdiction

These General Terms and Conditions shall be governed by and shall be construed pursuant to Spanish legislation. ANTIGVA DeGusta® and the User herein agree to submit any dispute whatsoever which may arise from the provision of the products or services, the subject of these General Terms and Conditions, to the Courts and Tribunals corresponding to the registered office of the owner of the website.

Revised on September 28, 2015