GENERAL CONTRACT CONDITIONS

1. GENERAL INFORMATION

The ownership of this website belongs to BODEGAS BH, SL, with CIF B10443828, registered office at Ctra. AV, km 259 – 10200 Trujillo (Cáceres, Spain) and registered in the Commercial Registry of Cáceres in Volume 918, book 745, folio 153, sheet CC-13162; hereinafter “SPEAKS”. Whose contact details are:

• Telephone: +34 927 659 180 – Hours: Monday to Sunday, from 8:00 a.m. to 8:00 p.m.
• Email: speaks@bodehashabla.com
• Postal address: Bodegas HABLA. AV, km 259. 10200 Trujillo (Cáceres, Spain)

This document regulates the conditions governing the use of the website www.bodegashabla.com and the purchase or acquisition of products and/or services offered therein, hereinafter “Conditions”.
The acquisition of any of the products and services entails full and unreserved acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of the Specific Conditions that may be applicable when purchasing certain products and services.

These General Conditions may be modified without prior notice, therefore, it is advisable to read their content carefully before proceeding to purchase any of the products and services offered. For any questions or queries that the user may have in relation to the Conditions, they can contact the owner using the contact information provided above.

2. USER

By accessing and browsing this website, the user declares that he or she is over 18 years of age and assumes his or her responsibility to use this website only to make inquiries and legally valid purchases or acquisitions, in a diligent, correct and lawful manner. By way of example and not limitation, it is strictly prohibited:

• Use the services for purposes or effects contrary to the law, morality and generally accepted good customs or public order.
• Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the services; unless there is authorization from the owner of the corresponding rights or it is legally permitted.
• Carry out any act that may be considered a violation of any intellectual or industrial property rights belonging to HABLA or third parties.
• Make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities reported.
• Provide false or illicit contact information, for example, email address, postal address and/or other information requested during the acquisition of products and services.

The user will be liable for any damages that HABLA may suffer due to non-compliance with the obligations set out above, as well as any other obligations included in these General Conditions and/or those imposed by Law in relation to the use of the Portal.

HABLA will at all times ensure compliance with the current legal system and will be entitled to interrupt, at its sole discretion, the Service or exclude from the website in the event of alleged commission of any of the crimes or misdemeanors typified by the current Penal Code. or in case of observing any conduct that HABLA considers contrary to these General Conditions or that may disturb the proper functioning, image, credibility and/or prestige of the HABLA brand.

3. PURCHASE AND/OR ACQUISITION PROCESS

Users can purchase physical products and services (consisting of visits and tourist experiences) on the HABLA Website, by the established means and forms. To do this, you must follow the following steps:

Product selection: Browse the HABLA website and select the product or service you want, select the desired quantity and press the “Buy” button. This process must be repeated with each product or service you wish to purchase. When you have finished selecting the desired products, click on “View Cart” or directly on the cart icon at the top of the page to access the summary of your purchase. All the selected products will appear in the shopping cart, with their name, reference, quantity, attributes and price in euros; but without shipping costs, since these vary depending on the destination. If you have a promotional coupon, you can add it in this section in the space provided for it.

Beginning of the purchasing process: To continue with the purchasing process, once you have reviewed the details of your order, select the “Buy” button. If you are not registered as a user, you can still place the order by entering your details. Please verify all order details before completing the purchase and proceeding with payment. If you wish to receive a copy of the invoice for your purchase, please indicate it in the “Order Notes” section.

Purchase confirmation: Once the purchase procedure has been completed and payment for the order has been correctly formalized, the user will receive an email confirming that HABLA has received their order, purchase request and/or provision of the service.

The physical products offered through the HABLA Online Store, which require physical shipping, are only distributed in Mainland Spain and the Balearic Islands. The acquisition of services (visits and tourist experiences), which do not require physical shipment, can be made from anywhere in the world with the obligation to fully comply with these Conditions.

Restrictions on the sale of alcoholic beverages: The sale of alcohol to minors under 18 years of age is prohibited.

The user acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service purchased and that are shown together with the presentation or, where appropriate, image of it on their page on the website. HABLA website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, attributes, quantity, format, characteristics and how they will be carried out; and acknowledges that placing the order (purchase of products or acquisition of services) materializes full and complete acceptance of the particular conditions of sale applicable to each case. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on said error, HABLA will inform the customer of said error and offer them the possibility of withdrawing from the contract.

HABLA, through its Online Store, only makes sales to individual end consumers, and does not allow the purchase of products for subsequent resale.

Users who are interested in making large purchases and/or large quantities destined for purposes other than resale, should contact Customer Service where they will be informed about the different options to make the desired purchase.

Likewise, legal entities or professionals with an intra-community NIF who wish to purchase any of the products presented on the HABLA website must contact the Customer Service, who will offer them other options to make the desired purchase.

4. AVAILABILITY

All purchase orders received by HABLA through its website are subject to the availability of the products and services and/or that no circumstance or cause of force majeure (clause 8 of these conditions) affects the supply of the same and/or the presentation of the services. If difficulties arise regarding the supply of products or there are no products left in stock, HABLA undertakes to contact the user and offer an alternative or refund any amount that has been paid as payment.

5. PRICES AND PAYMENT

The prices displayed on the HABLA website are the final ones, in Euros (€) and include taxes, but not shipping costs; which are calculated when entering the shipping location in the last phase of the purchasing process (before payment).

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the user has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the user has received an order confirmation.

The accepted payment methods for products or services purchased on the HABLA website are: Credit or debit card (VISA, MASTERCARD, 4B and IUPAY).

The charge will be made online, that is, in real time, through the payment gateway of the corresponding financial institution, once it has been verified that the data provided is correct. In order to provide maximum security to the payment system, secure payment systems from leading financial institutions in electronic commerce are used. In this sense, confidential payment data is transmitted directly and in encrypted form to the corresponding financial institution.

6. DELIVERY AND SHIPPING COSTS

In cases where it is necessary to physically deliver the purchased product, deliveries will be made in the following territory: Spain (Peninsula and Balearic Islands); within 3 to 7 business days. Any order placed after 2:00 p.m. It will be considered processed the next business day.

If for any reason attributable to HABLA, this delivery date cannot be met, the user will be contacted to inform them of this circumstance, and they may choose to continue with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the user's absence, the order will be returned to the warehouse. However, the carrier will notify you where the order is and how to manage a new delivery.

If the user is not going to be present at the delivery location in the agreed time slot, they must contact HABLA to arrange another day.

If 14 days have passed since your order is available for delivery, and it has not been delivered for reasons beyond the control of HABLA, HABLA will understand that the user wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the user will be returned, within a maximum period of 14 calendar days from the date on which the contract is considered resolved.

However, the user must take into account that the transportation derived from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the time in which the user or a third party indicated by the user acquires material possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the user from the moment of delivery. The user acquires ownership of the products when HABLA receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs at a later time. upon complete receipt of the amount to be paid by HABLA.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision of services will be understood to be located in the territory of application of VAT. Spanish. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

The transportation price is calculated based on the destination where the purchased physical products must be sent. The exact transportation price will appear in the final purchase summary, when entering the shipping address data, before making payment for the order.

To send products outside of Spain (Peninsula and Balearic Islands) it will be necessary to contact Customer Service.

7. RETURNS

In cases in which the user purchases products or services on the HABLA website, they are entitled to a series of rights as listed and described below:

RIGHT OF WITHDRAWAL
The user has the right to withdraw from their purchase without the need for justification according to the following deadlines:

In the case of the acquisition of physical products that entail their physical shipment, the withdrawal period will expire 14 calendar days from the day that the user or a third party authorized by the user, other than the carrier, acquired material possession of the goods. purchased on the HABLA website.

In the case of booking tours and tourist experiences, the withdrawal period extends up to 48 hours before the start of the reserved service. In this regard, the user may choose between changing the date of celebration of the service or withdrawing from the contract, without any additional cost. Once the withdrawal period expires (48 hours before the start of the reserved service), no changes or refunds can be made and the 100% of the agreed expenses will be applied.

In order to exercise this right of withdrawal, you must notify HABLA of your decision through the aforementioned means of contact with Customer Service; always before the deadlines mentioned in each case expire. Regardless of the medium selected by the user for this notification, they must clearly and unequivocally express their intention to withdraw from the purchase contract.

In case of withdrawal, HABLA will reimburse the user for all payments received, including shipping costs, without any undue delay and, in any case, no later than 14 calendar days from the date on which HABLA is informed of the withdrawal. decision to withdraw by the user.

HABLA will reimburse the user using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the user. However, HABLA could withhold said refund until it has physically received the products or purchase items, or until the user presents proof of their return, depending on which condition is met first.

The user can return or send the products to BODEGAS HABLA, Ctra. AV, Km. 259 10200 Trujillo (Cáceres) Spain.
And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which HABLA was informed of the decision to withdraw.

The user acknowledges that he or she must assume the direct cost of returning (transport, delivery) of the goods, if any are incurred. In addition, you will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature and characteristics of the goods.

In any case, no refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, products must be returned well protected, using or including all their original packaging and other documents and items that may accompany them.

Withdrawal form template

• For the attention of BODEGAS HABLA. Ctra. NV, km 259. 10200 Trujillo (Cáceres) – Tlf. 927 659 180 speaking@bodegashabla.com:
• I hereby inform you that I withdraw from my contract for the sale of the following good/provision of the following service (*)
• Order No. / Order Date / Order Receipt (*)
• Consumer and user name
• Address of the consumer and user
• Signature date

(*) Delete as appropriate.

RETURN OF DEFECTIVE PRODUCTS OR SHIPPING ERROR

These are all those cases in which the user considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or the purchase order, and that, therefore, they must contact HABLA immediately and let you know of the existing non-conformity (defect/error) through the same means of contact suggested in these Conditions.

The user will be informed about how to return the products and a photograph will surely be required to justify the reason for the return.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

In case of replacement of the product, it will always be made with the same item or reference of the original order without any additional cost to the user (neither shipping nor return).

The amount to be refunded for those products that are returned due to a defect, when it really exists, will be the amount corresponding to all payments received for the returned product, including shipping costs; and will be made using the same payment method that the user used to make the purchase.

In any case, the rights recognized in the legislation in force at all times for the user, as consumer and user, will always apply.

8. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, HABLA will not accept any responsibility for the following losses, regardless of their origin: any loss that was not attributable to any breach on its part or any other indirect loss that was not reasonably foreseeable by both parties in the moment when the purchase and sale contract was formalized between both parties.

Likewise, HABLA also limits its liability in the following cases:

• HABLA applies all measures to provide a faithful display of the product on its website, however, it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used. others of this kind.
• HABLA will act with the utmost diligence in order to make the product that is the subject of the purchase order available to the company in charge of transportation. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
• Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service over the Internet. Lack of availability of the Website for maintenance and other reasons, which prevents the service from being available. HABLA uses all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
• HABLA will not be responsible for the misuse and/or wear of the products that have been used by the user. At the same time, HABLA will not be responsible for an erroneous return made by the user. It is the user's responsibility to return the correct product in perfect condition.
• In general, HABLA will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and HABLA will have an extension of the term to comply with them for a period of time equal to the duration of the cause of force majeure. HABLA will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

9. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with HABLA will be electronic (email or notices published on the Website).

For contractual purposes, the user consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that HABLA sends electronically comply with the legal requirements of being made in writing. This condition will not affect the rights recognized by law to the User.

The user can send notifications and/or communicate with HABLA through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, HABLA may contact and/or notify the User at their email address or at the postal address provided.

10. DATA PROTECTION

BODEGAS BH SL is responsible for the file of your personal data that you provide to us in order to inform you about our activities and offer you our products and purchase them.

In compliance with current regulations (REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data – European Data Protection Regulation – General Data Protection Regulation (RGPD), Organic Law 15/1999, of December 13, on the Protection of Personal Data, Royal Decree 1720/2007, of December 21, by which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the protection of personal data and Law 34/2002, of July 11, on information society services and electronic commerce) said files are registered with the SPANISH DATA PROTECTION AGENCY and we establish security measures to ensure the confidentiality of your data, which will not be provided to third parties or outside the EU, unless required by legal or obvious requirements.

You can exercise your rights of access, rectification, cancellation and opposition by writing to Bodegas BH, Carretera Nacional NV; Km. 259; 10200 Trujillo (Cáceres). – info@bodegasbh.es

11. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this website and the contracts for the acquisition of products and services through it will be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the website, or with the interpretation of these Conditions, or with the sales contracts between HABLA and the user, will be submitted to the exclusive jurisdiction of the Spanish courts and tribunals.

12. COMPLAINTS AND CLAIMS

The User can send HABLA their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, HABLA has official complaint forms available to consumers and users, which they can request from HABLA at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between HABLA and the user, the user as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.