Terms and Conditions

These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern, together with the Privacy Policy and the Cookies Policy, the access and use of the website www.dealturawines.com and the associated iOS / Android mobile applications (hereinafter, the “Portals”) as well as the contracting of products and/or services through these.

The simple access to the Portal confers the condition of Portal User (hereinafter, “the User”) and implies the acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Portal without using it.

By accepting these General Conditions, the User declares:

• That you have read, understand and comprehend the foregoing.
• That he/she is of legal age according to the regulations in force in his/her place of residence, otherwise the minor must have the authorization of his/her legal representatives.
• That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.
• That he/she assumes all the obligations set forth herein.

The User must read these General Terms and Conditions carefully each time he/she accesses the Portal, as the Portal and these General Terms and Conditions may be subject to change.

The owner of the Portal reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of all the elements that make up the design and configuration of the Portal.

The modification of these General Conditions shall not affect the goods or promotions that had been purchased prior to such modification.

In the event that DE ALTURA entrusts a trusted third party with the custody of successive versions of the general conditions, both parties recognize as the only valid version of these conditions at any time that which is in the database of the trusted third party.

General information about the Portal

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, the general information of the Portal is provided below:

• Owner: DE ALTURA, S.L. (hereinafter, “DEALTURA”).
• Registered office: C/ Gustavo Fernandez Balbuena, 11 – 28002 MADRID.
• TAX IDENTIFICATION NUMBER: B86069093
• E-mail: socios@DEALTURA.com
• Telephone: 91 198 12 37
• Registry data: Madrid Mercantile Registry. Volume 28.239, Folio 150, Section 8, Page M-508659, Inscription 1.

2. Conditions of Use

2.1. Portal Access

Simple access to the Portal is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

2.2. Need for Registration

The use of certain services and contents may be conditional upon prior registration of the User. The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the custody of his password, assuming consequently any damages that may arise from its misuse, as well as the transfer, disclosure or loss of the same. To these effects, the access to restricted areas and/or the use of the services and contents realized under the password of a registered User will be considered realized by the above mentioned registered User, who will answer in any case of the above mentioned access and use.

2.3. Rules for use of the Portal

The User undertakes to use the Portal and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Portal and not to use them for illicit or criminal activities that infringe the rights of third parties and/or violate the regulations on intellectual and industrial property, or any other applicable legal regulations.

The User undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User undertakes to:

• Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.
• Not to introduce or disseminate on the network data programs (viruses and malicious software) likely to cause damage to the computer systems of the access provider, its suppliers or third party Users of the Internet network.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized in the Constitution and in international treaties.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
• 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 spaces) that are exclusively designed for that purpose.
• Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
• Not to impersonate other Users by using their registration keys to the different services and/or contents of the Portal.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Portal or third parties.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.

The User agrees to hold harmless DE ALTURA against any possible claim, fine, penalty or sanction that may come forced to bear as a result of the breach by the User of any of the above rules of use, reserving, in addition, DE ALTURA the right to seek compensation for damages and damages that may apply.

Occasionally, DE ALTURA will provide the User through its communications, such as periodic newsletters, a link that will allow him/her to access his/her personal account. Such access will be carried out through a unique and private address, so that the User will not need to enter their passwords to access the Portal. Consequently, the User must treat DE ALTURA communications confidentially and refrain from forwarding them to third parties, in order to avoid unauthorized access to private information from your account.

2.4. Exclusion of Liability

User access to the Portal does not imply for DE ALTURA the obligation to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

DE ALTURA is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Portal.

DE ALTURA is not responsible for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.

2.5. Contents and services linked through the Portal

The service of access to the Portal may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter “Linked Sites”). In these cases, DE ALTURA will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may communicate it to DE ALTURA, without in any case this communication entails the obligation to remove the corresponding link.

In no case, the existence of Linked Sites should presuppose the formalization of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of DE ALTURA with the statements, content or services provided.

DE ALTURA does not know the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to DE ALTURA.

2.6. Intellectual and industrial property

All the contents of the Portal, including, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are the intellectual property of DE ALTURA or third parties, and none of the exploitation rights recognized by the current legislation on intellectual property on them may be understood as assigned to the User.

The trademarks, trade names or distinctive signs are owned by DE ALTURA or third parties, without it being understood that access to the Portal attributes any right over them.

In any case, the User knows and accepts that the ratings and comments made about the products available through the Portal may be accessible to the rest of the Portal Users, including the identity of their author.

On all comments freely hosted by the User on the Portal, whether or not include an opinion or description of the products offered (hereinafter “Content”), the User grants free of charge to DE ALTURA a non-exclusive license for use, worldwide territoriality and with the maximum duration provided by law. On the basis of this license, DE ALTURA may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of providing the services offered by DE ALTURA and advertise their products and services.

3. Terms and Conditions

3.1. User Registration

The use of the services provided by DE ALTURA implies the need for User registration on the Portal. The User must register by indicating his/her full name, e-mail address and may indicate the e-mail address of a sponsoring User. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that he/she has access to it.

In any case, the User will be required to accept these General Conditions, as well as the Privacy Policy and the Cookies Policy.

Once the User is correctly registered on the website, he/she can access “My Account” at any time. Through “My Account” the User can modify his personal data as well as the data related to the shipment of orders, check if he has orders pending delivery.

In the “My Account” section, the User can visualize the gift vouchers he/she has, download the invoices of the orders, control which friends of the User have registered in DE ALTURA on his/her recommendation in the “My sponsored friends” section and the possibility to cancel the account at any time by indicating a reason why he/she wishes to cancel it.

3.2. Terms and conditions of shipment

DE ALTURA ships its products throughout Europe. The purchase of products on the Portal is subject to the payment of shipping costs, to be paid by the buyer. Shipping costs will depend on the destination and the number of products purchased according to the indicative table below. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the opportunity to review these costs before finalizing your purchase. DE ALTURA can not be held responsible for the delay in delivery of orders for reasons not directly attributable to DE ALTURA, acts of God or force majeure.

The delivery of orders will be made at the delivery address freely designated by the user. DE ALTURA not assume any responsibility when the delivery of the product does not come to fruition as a result of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that delivery can not be made for reasons beyond DE ALTURA, such as the absence of the recipient at the delivery address.

In case of absence of the addressee and whenever possible, a note will be left with the necessary information to arrange a new delivery at the addressee’s address or the necessary indications for him to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without having been able to deliver the order, it will be returned to origin proceeding to terminate the contract.

3.5. 100% Satisfaction Guarantee

The products marketed through this website have the guarantees offered by the producers of the same. In those incidents that justify the use of the warranty, you will opt for repair, replacement of the item, discount or refund, under the terms established by law. The Royal Legislative Decree 1/2007 of November 16 grants to the goods of durable nature a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

The User must return the remaining units of the product that have not been tasted in perfect condition (not damaged, soiled or opened by the User), properly protected and, ideally, in its original packaging. After verification by DE ALTURA of the good condition of the products will proceed to refund the amount corresponding to the returned units within a maximum period of 10 calendar days using the same means of payment that the User used for the initial purchase. This guarantee does not extend to the return transport costs, which shall be borne by the User.

3.7. Selection of products by the User

Any registered User may contract through the Portal the purchase of products. The purchase process in DE ALTURA is based on a virtual basket, to which the User can add the products he/she wishes to purchase.

To add products to the shopping cart, once the User is on the product description page and has selected the available customization options, he/she must select the “Add to cart” option provided.

The User can access and modify the contents of the basket at any time.

3.8. Order processing

Once the products to be purchased are in the shopping basket, the User may start the order process by selecting the “View basket” option, which will show the User the contents of the virtual basket, allowing the modification of the selected products and their elimination from the shopping basket.

The User must make sure that the products shown on the screen are the ones he/she wishes to purchase and select from the geographical areas listed the one corresponding to the shipping address. At this point, the total price of the selected products and the shipping costs generated will be shown. Also in this section, the User will be able to visualize, in its case, the promotions automatically applied to its order, to use the promotional codes and/or the gift checks of which it has.

By clicking “NEXT”, the User accesses a panel where he/she must indicate the shipping data; to continue with the contracting process, the User must fill in the shipping information, including his/her full name, telephone number and address, filling in all the fields marked as mandatory. In this section the User may include useful information that he/she considers necessary for the courier, although DE ALTURA cannot guarantee its fulfillment.

If the User wishes the billing address to be different from the delivery address, he/she must check the box “My billing address is different from the delivery address” and fill in the corresponding information. In this same section, the User can add a message for the recipient, especially indicated in the case of gifts.

DE ALTURA, in accordance with Article 9.2 of Royal Decree 1619/2012 and Article 63 of Royal Legislative Decree 1/2007, will expressly request its customers, and during the review of your purchase process, consent to receive your invoice exclusively in electronic format (PDF). This consent will be given to DE ALTURA through a check box that the customer will check next to the consent request.

However, customers who wish may also download and print their invoices in physical format once they are registered on the website of DE ALTURA with your username and password, within the section “My orders” > “Invoices”, located in your personal space. This invoice will be generated automatically once the order associated with that invoice has left the premises of the logistics provider of DE ALTURA.

In the next phase of the purchase process, the User must select the payment method. At this point, the User is again informed of the exact amount to be paid, resulting from adding the price of the products and the shipping costs, net of any promotional discount and/or gift voucher.

By following the link “PLACE ORDER”, the User will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an email to the User confirming the operation.

3.9. Price of products

The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).

3.10. Form of payment

The purchase of products through the DE ALTURA Gateway allows the following payment methods:

• Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.
• Payment by Paypal.

To use the credit card through a virtual POS, the buyer must fill out a form indicating the card owner’s name, card type, card expiration date and security code.

DE ALTURA does not have access to the bank details linked to the means of payment and does not know or record these details during the payment transaction.

3.11. Confirmation of receipt of acceptance

Once the purchase process is completed, the User will receive, at the e-mail address provided in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, date of purchase, order number and delivery date. Likewise, a permanent link to the present contracting conditions will be sent to the e-mail address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to DE ALTURA or any third party designated for registration and version control, if any.

3.12. Right of withdrawal

The purchaser shall in any case have a period of fourteen (14) calendar days after receipt of the Product to exercise his right of withdrawal without having to justify reasons or be penalized in any way.

In accordance with Article 102.d) of Royal Legislative Decree 1/2007 of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, not being applicable to the supply of goods that may deteriorate or expire rapidly, so you can not exercise the right of withdrawal on bottles that have been opened for example, due to the rapid deterioration of the content in such cases.

The purchaser must express his intention to withdraw within the indicated period and must return the product. You may also use the model withdrawal form. The User may also send an email to the address contacto@dealturawines.com including his name and address, as well as the number of his order. You can also contact by telephone in order to expedite the process of returning the corresponding amounts.

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

Upon receipt of the products on which the withdrawal falls and verified their correct condition, DE ALTURA will return to the User the sums paid within a maximum period of 10 calendar days. Products that do not retain their original packaging may suffer a depreciation.

3.13 Limitation of units per User

In certain products with reduced quota, DE ALTURA reserves the right to limit the number of units available per User, being able to cancel those additional orders that have been made by the same User. Understanding as the same User those orders that share any of the following data: recipient’s name, email, delivery address or payment method. This limitation will be duly specified both in the product file and in the shopping cart by means of a warning message.

5. Nullity and ineffectiveness of the clauses.

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects, and such provision shall be considered totally or partially as not included.

6. Applicable law and competent jurisdiction

In accordance with EU Regulation N°524/2013, we inform you that you have the right to apply with us for an out-of-court resolution of consumer disputes accessible via the Internet address https://ec.europa.eu/consumers/odr/.

These General Conditions shall be governed by and construed in accordance with Spanish law. DE ALTURA and the User agree to submit any dispute that may arise from the provision of products or services covered by these General Conditions, to the Courts and Tribunals corresponding to the domicile of the User.