General contracting conditions

1.- Subject matter and scope

These General Conditions have the scope to regulate the relationship between Bodegas Góngora and You (hereinafter referred to as the Client or You), relating to all economic operations undertaken through the website www.bodegasgongora.com (hereinafter referred to as the website), the owner of the domain is José Gallego Góngora, S.A. and registered with COMMERCIAL REGISTRY of SEVILLE with the following registration information in VOLUME 236, BOOK 92, SECTION 8th for COMPANIES, PAGE 139, SHEET 6.113, 1st REGISTRATION, with TAX ID number A-41026428

2 – Means of purchase

You can purchase our products online or by visiting our store.

2.1.- Online shopping

2.1.1.- Registry

Firstly, you have to register on our website through the form clicking on the word “Enter” and that, in any case, will appear when you decide to proceed to checkout. Your data will be treated according to current regulations as indicated in our legal notice. In case you are already registered on our website, you have to enter your username and password before placing the order and the system will remember your data; however, you are able to modify your payment method, shipping address and any other personal information.

2.1.2.- Product selection

If you decide to buy a product, procced to the product card and click on the box “Add to cart”, just below the price. You will be informed that this product has been successfully added to your cart through a pop-up window.

To review your purchases, modify units, update, finish the purchase or continue shopping press on the «Cart» icon.

2.1.3.- Purchase

Once you have added to your “cart” the product(s) you wish to buy, proceed to the “Confirm” label, which can be accessed from different sites. At this point, the purchase process has been started. The purchase process will consist of five steps:

Summary

Log in

Address

Shipping

Payment

2.1.3.1.- Log in

2.1.3.1.1- New User – Sign up

Complete the required fields with your personal data.

Name, Surname(s), Email, password

Press the checkbox “I accept the purchase conditions” and click on “Register”.

2.1.3.1.2- Registered user.

Complete the required fields with your data and click on “Login”.

If you forgot your password, you can recover it by clicking on “Forgot your password”, entering your email and clicking “Password recovery “.

2.1.3.2.- Shipping address

2.1.3.2.1- A New user and shipping address.

Enter your data in the corresponding fields: Address, Zip Code, City and Country, besides other personal data such as the ID card and a telephone number. You can enter multiple addresses.

If the shipping address is different from the invoicing address, enter your data in the corresponding fields. This step can be done once you confirm your purchase.

Click on “Continue”.

2.1.3.2.2- A registered user and check your addresses.

As you are a registered user, your data already appears in the address fields.

You can correct this data by changing it and pressing “Save”.

2.1.3.4- Place an order and check your addresses.

The order payment process begins. Please, check your shipping and invoicing addresses (in case they are different), before placing an order.

Choose the payment method.

2.1.3.4.1- Paypal or credit card method of payment.

Pay through Paypal: you can pay through this system from your PayPal account or by credit card through PayPal’s secure payment gateway without registering. It is like any card payment with the peace of mind of a secure channel.

2.1.3.4.2- Pay by bank transfer.

Click on “Pay by bank transfer”.

To use this form of payment you have to make a bank transfer or a bank deposit in the account of—–

In the concept do not forget to put your name and your order code.

Send the receipt by email to: atencionalcliente@bodegasgongora.com

Once the amount is received in our bank account (2-4 days) we will proceed with the shipment.

Any order that is not paid after 7 working days will be cancelled.

Click on “I confirm my order” and then you will be informed that your order has been successfully placed. This information includes “Order Data” and “Shipping Details”.

In your order history you can download your invoice in PDF format.

2.1.4.- – Shipments

See shipping rate section.

2.2.- E-mail shopping

To place orders by e-mail, you should email us the following information to atencionalcliente@bodegasgongora.com:

  1. Name, surnames, ID card (TAX ID number) for invoice and contact telephone number, as well as postal address to which to send the order.
  2. Product name and reference, unit price and quantity.
  3. Preferred form of payment: bank transfer, bank deposit or cash on delivery.

Your e-mail will be answered providing the necessary instructions for the successful completion of the purchase.

2.3.- Buy by phone

If you prefer to contact our specialists, ask something or clarify doubts about the products and at the same time to place the order, call: +34 954 113 700, with the product reference, product description, personal information including personal contact telephone number, payment method and shipping address. Our specialists will provide you with all the necessary information about the product and order placement procedure.

2.4.- Shop by visiting our store

We will be delighted to assist you in Villanueva del Ariscal, on C/Stmo. Cristo de la Vera Cruz, num. 59. Check the “Contact” section of the website to confirm the schedule.

3.- Acceptance of conditions

As stated above, you have to expressly accept each and every one of the contracting conditions that are applicable to you, based on your order and that are expressly indicated on this website, before the acquisition of the products and without being of application the novelties that might occur in the clauses of the General Conditions subsequently.

At the time of acceptance, the user acquires the condition of Bodegas Góngora Client, which is described in these General Conditions. Any product or service offered subsequently by Bodegas Góngora have to be subject to a new contract.

Bodegas Góngora informs you that for legal reasons it archives the electronic documents in which the purchases are formalized.

In the case that you make a mistake in registering your shipping information and the package comes back to us, the following procedure will apply:

In case of having already paid for the products (Paypal, Credit Card or bank transfer) we would contact you by phone call, if this is not possible in several attempts it would be by e-mail and if it gives an error or we do not receive a response from you, you can claim the shipment again on our phone +34 954 113 700 or by e-mail to atencionalcliente@bodegasgongora.com.

Ask us to update your personal information in that communication by providing us with the correct information by email to atencionalcliente@bodegasgongora.com.

The shipping costs will be on your behalf in this second shipment when the error is yours.

The form of payment of the shipping costs derived from errors in the introduction of data by the Client, will be agreed upon between the Client and Bodegas Góngora.

4.- Language

The language for contract between Bodegas Góngora and the Client will be Spanish, except when another option is expressly offered.

5.- Responsibilities of Bodegas Góngora

Bodegas Góngora guarantees the quality of the product ordered through the website www.bodegasgongora.com. In the same way, it is obliged to respect all the rights that the Laws in force guarantee to consumers and users. Noncompliance with these General Conditions entitles the Client to return the products or the cancellation of the Services acquired by the Client.

Bodegas Góngora is committed not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that might or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Trader, Cardholder(es). Furthermore, the following activities are also explicitly forbidden: The sale of alcoholic beverages to persons under 18 years of age.

6.- Client Responsibilities

The Client is committed to make a lawful use of the Services, without contravening current legislation, or injuring the rights and interests of third parties.

The Client guarantees the veracity and accuracy of the data provided once completed the contract forms, avoiding causing any kind of damage to Bodegas Góngora or its website as a result of incorrect data or misuse of the website.

Noncompliance with any of these Conditions might lead to the withdrawal or cancellation of the Services by Bodegas Góngora without previous warning to the Client and without having the right to any compensation.

7.- Shipping price table

For peninsular Spain (prices do not include VAT):

Up 2 kg: 7.02

From 2 to 5 kg: 9.17

From 5 to 10 kg: 11.35

From 10 to 15 kg: 13.52

From 15 to 20 kg: 15.69

From 20 to 25 kg: 19.48

From 25 to 30 Kg: 23.62

From 30 to 35 Kg: 25.99

From 35 to 40 kg: 28.58

Shipping to the Canary Islands / Ceuta / Melilla / Balearic Islands and Portugal: See Conditions

For international orders and shipments: See Conditions

8.- Prices, form of payment, delivery and withdrawal

8.1. Price and taxes:

The prices of each product are those indicated next to it on the website and already include the Value Added Tax (hereinafter referred as VAT) at the rate established by the regulations at the time of making the purchase. Nevertheless, taking into account the provisions of the VAT regulations, some operations might be exempt or not subject to it depending on the country of residence of the buyer and the condition in which he acts (entrepreneur / professional or individual). Consequently, in some cases the final price of the order might be altered with respect to the one shown on the website.

For the orders carried out to non-European Union (non-EU) countries, Bodegas Góngora will not assume the cost of the taxes and customs fees of the own country that receive the order, and such costs must be borne by the recipient of the shipment.

Shipping costs and corresponding VAT are always indicated in the order.

The shipping costs are those that appear on this website in the “SHIPPING PRICE TABLES” section.

When “offers” are advertised on the Web, they will be shown indicating the previous and current price, plus their “offer” category.

Bodegas Góngora reserves the right to make any changes on the website considered appropriate, at any time and without prior notice, being able to update features and prices of products and services based on the market, as well as terminate products and register new ones.

8.2- Method of payment:

The following methods of payment are available to you to pay for your purchase:

PayPal (available for all countries).

Visa or Master Card credit card (available for all countries) through Paypal.

Bank transfer or current account deposit (available for some countries depending on their banking regulations).

Cash payment in the store

8.3- Shipping and deliveries:

Orders confirmed before 2:00 p.m. will be delivered in 24h-48h (working days), orders confirmed after 2:00 p.m. will be delivered in 48h-72h.

We do not ship to post office boxes.

For peninsular Spain, all our shipments are made by transport agency regardless of the chosen payment method, and the corresponding invoice is sent along with the products.

Orders sent to the Canary Islands, Balearic Islands, Ceuta, and Melilla, are sent by certified mail.

The delivery time to foreign countries will depend on the country.

For shipping to countries of the EEC (European Economic Community), contact us via email at atencionalcliente@bodegasgongora.com. The shipment will be made by priority international postal package and the cost of the shipment will be calculated individually.

Provide a delivery address and regular hours where there is a person who receives the package. Normally transport companies do not call by phone before delivery.

If there is no one who can receive the package, the agency will leave you a notice with the shipment number and customer service telephone number, contact them or us to arrange the next delivery date.

Delivery will be made during daily working time from Monday to Friday.

The shipping price includes VAT and transport insurance that covers 100% of the order.

It is IMPORTANT that you check the package when it is delivered, if you notice any damage to the packaging, open it immediately and check the contents; if it was damaged or something was missing, send an email to: atencionalcliente@bodegasgongora.com within a maximum of 24 hours from receipt of the order, it is required to file a complaint to the transport company; After this period, Bodegas Góngora will not assume any responsibility.

At any time, you can check the status of your order by sending an email to the email address: atencionalcliente@bodegasgongora.com or by calling +34 954 113 700.

8.4- Withdrawal; returns and warranty:

Bodegas Góngora guarantees the Customer the possibility of cancelling an order at any time and without any cost, providing that the cancellation is communicated before the order has been dispatched to the carrier for delivery. Otherwise, you have to wait to receive the order to process your return.

The Client will have a period of 7 working days from receipt of the order to terminate the contract. The Client will notify Bodegas Góngora within the stipulated period and by any means permitted by law of their wish to exercise the right to rescind the contract.

The returned order has to be delivered along with the dispatch note and, if it is applicable, the invoice issued by Bodegas Góngora, with the Customer bearing the return costs. The Client may return any item bought in Bodegas Góngora as long as the products have not been opened or used and retain their original seal or packaging.

If a product other than the one ordered by the client is delivered by mistake from Bodegas Góngora, the correct product will be delivered, picking up the first one, without any additional charge for the Client.

If a product has arrived to the customer broken, damaged or in poor condition, Bodegas Góngora will bear the cost of picking it up and replacing it with another one in good condition.

The warranty period begins to count from the date of delivery of the product.

For any claim you can send an email to the email address: atencionalcliente@bodegasgongora.com or by phone to the number + 34 954 113 700.

9.- Personal data and commercial communications

In accordance with the provisions of Organic Law 15/1999, of the 13th of December, on the Protection of Personal Data, the Client is informed that the personal data provided will be incorporated into a file owned by Bodegas Góngora for the management of the commercial relationship, as well as for the promotion of the products and services of Bodegas Góngora, both by written and electronic means.

The Client can exercise the rights of access, rectification, cancellation and opposition, as well as revoke the consent given for the sending of electronic commercial communications, by means of a written communication addressed to Bodegas Góngora, located at C/Stmo Cristo de la Vera Cruz, 59, 41808, Villanueva del Ariscal, Seville, as well as by sending an email to: atencionalcliente@bodegasgongora.com

10.- Jurisdiction and applicable law

In the case that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that will hear the matter, will be those provided by the applicable legal regulations in matters of competent jurisdiction; As well as, in the contracts that a final consumer intervenes as a party, they will be presumed concluded in the Customer´s regular residence. In contracting by entrepreneurs or professionals, the contracts will be presumed to have been concluded in Seville, for which both parties submit, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of Seville (Spain).