Terms and Conditions
Introduction
This contractual document shall govern the General Conditions for contracting products (hereinafter “Conditions”) through the website valonga.cat, owned by Finca Valonga under the trade name of Valonga, hereinafter the PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website at the disposal of the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by Finca Valonga. It is the responsibility of the USER to read them periodically, as those in force at the time of placing an order will be applicable. Finca Valonga will file the electronic document where the purchase is formalized and will keep it at the USER’s disposal if requested.
Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- A person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is Finca Valonga, with registered office at Monte Valonga, s/n, 22533 Belver de Cinca (Huesca) and e-mail address:bodegas@valonga.com.
On the other hand, the USER, registered on the website by means of a username and password or as a guest, for which he/she has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Subject of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify Finca Valonga at bodegas@valonga.com so that Finca Valonga may correct them as soon as possible.
The USER may keep his/her data updated by accessing his/her user account.
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account or as a guest. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. Procurement clauses
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulations made by the USER may differ from those of the PROVIDER if they have not been expressly accepted in advance and in writing by the PROVIDER.
2. Shipping and delivery of orders
The PROVIDER will not send any order until it has verified that payment has been made.
The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been checked.
With regard to delivery time, every effort is made to ship the product(s) listed on the Shipping Confirmation before the delivery date stated on the Shipping Confirmation or, if no delivery date is specified, within 5 days from the date of the Shipping Confirmation.
The expected date of dispatch and delivery will be provided prior to order confirmation.
In the event that the contract cannot be executed because the product is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the delivery receipt document.
It is the USER’s responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
3. Right of withdrawal
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
All returns must be communicated to the PROVIDER, requesting a return number by e-mail to bodegas@valonga.com, indicating the corresponding invoice or order number.
4. Complaints and dispute resolution. online
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: Monte Valonga, s/n, 22533 Belver de Cinca (Huesca)
E-mail: bodegas@valonga.com
Online Dispute Resolution
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will discuss with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. Force Majeure
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the case of force majeure has ceased.
6. Competition
The USER may not assign, transfer or transfer the rights, responsibilities, and obligations contracted in the sale.
If any provision of these terms and conditions is held to be invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, understands and accepts these Conditions in their entirety.
7. Generalities of the offer
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration, or agreement contrary to Finca Viladonga’s Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.
8. Price and period of validity of the tender
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional and ancillary services to the product purchased.
The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
Once an order has been placed, prices will be maintained whether or not products are available.
9. Payment methods, charges, and discounts
The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:
- Credit card
- Transfer
The USER may use a discount coupon prior to the completion of the purchase if he/she has received one from the PROVIDER.
Security measures
The website uses industry standard information security techniques such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may collect data for the purpose of authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programs to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant, or Cardholder of the card(s).
10. Unbundling and suspension or termination of the contract
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policy applicable to it.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
11. Warranties and returns
The guarantees shall comply with the provisions of the Title referring to “Guarantees and after-sales services” of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
12. Applicable law and jurisdiction
This site is located and operated from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, with the rights recognized by consumer and user protection legislation prevailing in all cases, with the consumer’s jurisdiction being respected in all cases for the resolution of any dispute.
In the case of a consumer who does not have his habitual residence in Spain, he will be protected by any mandatory provision of the law of his country of residence.
The European Commission offers a platform for alternative dispute resolution, which you can access here to report your case:
