Terms and conditions

CONTRACTING CONDITIONS

The present agreement regulates the general conditions of purchase of the different products and services offered in this website by PINCERNA, S.L. (hereinafter PINCERNA), with VAT number B01637404 and address at Ctra. (hereinafter PINCERNA) with NIF number B01637404 and address at Ctra. Villada, s/n de (24340) Grajal de Campos (León, SPAIN).

As a business we are aware of and responsible for the laws in force in the countries to which we send our products.

The CLIENT at the moment he/she completes the registration process, and purchases any of our products, accepts and expressly submits to the clauses specified below, as well as the conditions of access and use of our portal and its privacy policy, accessible through the link “Legal Notices”.

The CLIENT acknowledges having sufficient legal capacity to be contractually bound.

This contract is permanently accessible in the legal notices of our website, and can be downloaded in PDF format at the time of contracting.

1. PRICES AND TAXES

In consideration for the purchased product, the CUSTOMER expressly agrees to pay PINCERNA the amounts specified at the time of purchase in the price list established in the website www.pincernawines.com for the chosen products.
The products offered on this website are subject to Value Added Tax (VAT) which IS INCLUDED in the prices detailed for each product.
Transport costs are included in the price of the products. If the CLIENT selects 3 or more bottles in the order, the shipping costs will be free if the destination is SPAIN PENINSULA, this promotion cannot be applied if the destination is Ceuta and Melilla, Balearic or Canary Islands.
Once the selection of products and prior to the confirmation of the order and before proceeding to the payment of the same, on screen will appear the final price of the purchase that will include VAT (Value Added Tax), management fees, packaging and shipping, if applicable, which will be reflected in the order form at the time of purchase and in the invoice.
Anything not specified in the description as included is not included.

2. PURCHASE PROCEDURE

Through this website orders can only be placed by individuals over 18 years of age and companies.
On the website all our products are detailed individually. The procedure to make and manage the purchase will be indicated on the website and only the following steps must be followed:
a. Choose the product you wish to purchase.
b. When you select a product, it can be added to the Shopping Cart and you can choose to continue shopping or to process the order.
c. To process the order, if it is the first time you access our website, you must complete a registration form with your personal data and create a personal account as a user. Once this step has been completed, you will receive, at the e-mail address you have indicated, confirmation that the registration has been completed correctly. In case you are an already registered user, to continue with the purchase process you only need to enter the user name and password you generated in the first purchase. The user code and password are personal and correspond to the person who carried out the registration process, who is exclusively responsible for their safekeeping. Through your account you will be able to manage the information we have and modify or update your data.
d. Next, you will proceed to the verification of the order where the selected items are detailed one by one and the total price is calculated.
e. It will also be necessary to indicate the billing and delivery addresses of the purchase made. It will be possible to indicate a single address for invoicing and delivery.
f. Once the process has been processed, it will be necessary to previously check a box to verify that the terms and conditions of sale have been read and accepted.
g. On the web page you will be provided with the mechanisms so that the payment can be made depending on the system chosen in each case.
h.  Once the payment details have been entered, you must confirm the order by clicking on the “Buy” button.
i. Once the “Buy” button has been pressed, the product will be delivered.
The CLIENT is informed that the photographs and descriptions of the products on the website are an approximate image of the products and services offered so it is possible that they may differ from the original. The descriptions and illustrations of the products offered through this website are made merely for information purposes.

3. AVAILABILITY AND DELIVERY

The products offered by PINCERNA are available for distribution exclusively in mainland Spain, Ceuta and Melilla, Balearic Islands and Canary Islands.
Orders will be processed once payment has been correctly received.
The products offered by PINCERNA will always be subject to availability which will be specifically indicated on our Web for each product so that, in case of unavailability of any item offered, the customer will be duly informed of the lack of availability for the purchase. In normal conditions, all the products that appear in our Web are available for delivery in the indicated terms.
In cases where, once the order has been placed, the product contracted by the CUSTOMER is out of stock, the CUSTOMER will be duly informed and will be offered an alternative product of similar characteristics of equal price and quality to the one purchased. If even so, the CUSTOMER is not interested in accepting the proposed alternative, PINCERNA will proceed to refund the amount already paid and will inform him/her of the procedures and deadlines for reimbursement.
As a general rule, the maximum delivery time at home will be 48 hours from the time of purchase and from the time we have confirmed your payment. These delivery times are approximate and in no case binding for PINCERNA.
Deliveries will be made on working days (Monday to Friday). It is recommended that the CUSTOMER communicates its time preferences for delivery when filling in the order data in the Comments section.
The delivery of the product purchased at home will be made by the carrier together with a delivery note at the address indicated in the order form that the customer must sign as a document of receipt. Likewise, the CUSTOMER will be duly informed in the event of an incident occurring or the delivery being delayed for any reason.
If delivery at the address indicated is not possible due to the absence of the addressee, the carrier will contact the CUSTOMER directly to arrange either a delivery time, or the withdrawal of the package at the corresponding delegation, or indicating, in any case, the steps to follow. After the deadline, if the order has not been collected, it will be returned to our warehouse and an email will be sent indicating how the delivery will finally be made. In the latter case, shipping costs will be borne by the CUSTOMER.
In order to be informed at all times of the management of your purchase, you will receive by email a notice of the confirmation of your order and payment.
Also, the CUSTOMER can check the status of his order by sending an email to the address hola@pincernawines.com.

4. PAYMENT AND PAYMENT PERIODS

The following forms of payment are accepted:
– Credit and Debit Card: The transaction is made by connecting directly with the bank CAJAMAR (Cajamar Caja Rural, Sociedad Cooperativa de Crédito), through its payment gateway.
– Paypal: Connecting directly with Paypal.

Once the payment has been made, you will receive a confirmation email.
PINCERNA has no knowledge of your credit card information. All our payment systems are totally secure.
Payments are prior to the delivery of the product or service, so PINCERNA will not provide the requested product until it has received payment for it. PINCERNA reserves the right to cancel temporarily or definitively the services provided, in case of any incidence regarding the payment of the same.

5. INVOICES

Upon making the corresponding payment, you will receive the invoice of your purchase in PDF format in the email you have indicated for that purpose once the order has reached its destination.
If you wish to obtain an invoice in the name of your company, please contact customer service (hola@pincernawines.com) in order to provide the necessary fiscal data.
The CUSTOMER is responsible for confirming the receipt of the notifications and for informing us of any modification of his data, being PINCERNA exonerated from any responsibility derived from this circumstance.

6. GUARANTEE

At PINCERNA we strive to provide services of the highest quality, although, given the nature of these, we cannot offer a satisfaction guarantee. In the event that, for any reason, you do not receive the product or service correctly, you must inform us as soon as possible indicating the incidence that we will try, if the error is verified, we will correct it as soon as possible.
The warranty document is the purchase invoice.
The composition of the products is the one indicated in the description of its technical data sheet. PINCERNA is not responsible for the possible effects caused by allergic reactions to the components of the products.
7. RETURNS

Returns or exchanges of products will only be accepted in case of manufacturing defects, transport damages or delivery errors. In any case, no more than 14 days must have elapsed since receipt of the product and the packaging and accessories must be included. It shall be verified prior to acceptance that it is a manufacturing or packaging defect or anomaly and not an inadequate or negligent use, handling or storage. They shall always be accompanied by the corresponding delivery note or invoice.
Both in the case of return due to a manufacturing or packaging defect and in the case of an error in the order, the CUSTOMER will be offered, if possible, the repair of the part or its replacement by another alternative at no additional cost and without the right, on the part of the CUSTOMER, to any type of compensation. The expenses generated by the shipment of the repaired or correct order will be borne by PINCERNA.

In addition, PINCERNA offers a system of returns after receipt of the order by which the CUSTOMER may request the return of the order within 30 days of receipt without justification. In case of requesting the return of the order, the CUSTOMER must return or deliver the goods directly to us and PINCERNA will refund all payments received by the CUSTOMER except for the initial shipping and/or transport costs and the direct costs of returning the goods, which will be deducted from the refund. The refund of payments will be made without undue delay and, in any case, no later than 30 calendar days from the date on which the return is requested.
The goods to be returned must be in perfect condition, not have been damaged, present deformations, or show signs of wear, scratches or stains. The CUSTOMER shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
We will proceed to make such refund using the same means of payment used by the CUSTOMER for the initial transaction, unless the CUSTOMER has indicated another means.
In any case, the return will always be subject to prior examination by PINCERNA of the condition of the product being returned and verification that the requirements of these conditions of sale have been met. Once the return has been received and if applicable, we will refund the amount charged within a maximum period of 30 days and in the same terms used to make the payment.
PINCERNA reserves the right to refuse returns communicated or sent after the deadline or products that are not in the same condition in which they were received.
Returns will be managed by sending an email to hola@pincernawines.com with a description of the reasons and the alleged causes for the return. It will also be necessary to indicate the name and surname and the reference number of the order. Once we receive the request, we will process it in a timely manner.

8. RIGHT OF WITHDRAWAL

Given the nature of the product (perishable product) and its storage conditions and in accordance with Article 103 points d and e of Royal Legislative Decree 1/2007 of November 16, 2007, on the Defense of Consumers and Users, the right of withdrawal is not applicable to this contract.

9. PERFECTION OF THE CONTRACT AND MODIFICATIONS OF THE SERVICES

This contract will be perfected with the payment of the product and the sending to the CUSTOMER of a confirmation email with a description of the purchase made.
PINCERNA reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and that means a benefit for the CUSTOMER.
10. OBLIGATIONS OF THE PARTIES

PINCERNA undertakes to provide the CUSTOMER with the products and services that have been contracted applying the maximum diligence in the provision of the service, as well as to take care of the maintenance of the facilities necessary for the operation of the network, having for this purpose adequate technical and computer equipment, and to manage the logistics operations, shipping and delivery of the purchase made through the carrier.
The CUSTOMER agrees to use the services made available in good faith, without violating the laws in force in any matter or infringing the rights of third parties, as well as the payment of the selected product in the time and manner set forth in these terms of sale and its receipt at the place indicated for delivery.
PINCERNA does not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, due to circumstances caused by problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. Therefore, the CUSTOMER agrees to bear within reasonable limits these circumstances, and therefore expressly waives any contractual or extra-contractual liability to PINCERNA for possible failures, errors and use of the contracted service.

11. COMMUNICATIONS

All notifications between the parties will be made preferably via e-mail. The CUSTOMER is responsible for confirming the reception of the notifications and for informing PINCERNA of any modification of its data, being exonerated from any liability derived from this circumstance. In case of modification, the CUSTOMER must inform PINCERNA at the e-mail or telephone numbers indicated on our website.
In compliance with article 21 of Law 34/2002 of Information Society Services and Electronic Commerce, we inform you that our commercial mailings and information related to our website and the products offered in it, will be sent by e-mail to the e-mail address you provide us, always with revocable character. In any case, you have the option to reject our commercial communications by sending an e-mail to the address hola@pincernawines.com indicating in the subject the word UNSUBSCRIBE.
12. COMMITMENT, ACCEPTANCE AND VALIDITY OF THE CONTRACT

The CLIENT acknowledges having read and accepted the legal conditions of use and the privacy policy of the website.
The CUSTOMER acknowledges that he/she has understood all the information regarding the products and services, including, if applicable, the delivery, offered on our website, as well as all the conditions and stipulations contained in this electronic contract, and therefore states that they are sufficient for the exclusion of error in the consent of this contract, and therefore, accepts them fully and expressly.
The CLIENT is fully aware that the acceptance and execution of this contract will take place through the provision of their data and clicking on the “Buy” button indicated on our website and that it will be perfected with the payment of the service.

13. APPLICABLE LAW

This contract is of a commercial nature, and shall be governed and interpreted in accordance with Spanish law.
In the event of any discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties shall submit to the courts or tribunals that are competent in each case and, in cases where it is provided that the parties may submit to a jurisdiction, they shall submit to the Courts and Tribunals of Barcelona, expressly waiving any other that may correspond to them.
We also provide our clients with the following link to access the official online dispute resolution platform of the European Commission:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

14. PERSONAL DATA

See Privacy Policy.

Attention: The present General Conditions of Purchase have been updated on 8/7/2020. We may modify them at any time, as well as change the list of prices and products offered. Please check the date of issue each time you log on to our website to ensure that no changes have been made that may affect you.

ARE YOU OVER 18? This web is reserved for users over 18 years old. If you don’t have the legal age, we advise you not to enter the site. Please verify your age to access, or press EXIT to abandon de website.