General Terms & Conditions

1. Introduction

MADRID & DARRACOTT S.L. presents the following General Terms and Conditions to govern the different areas of its website in relation to the User’s interaction. In case of not accepting these General Conditions, the User must leave the Web Portal www.madriddarracott.com/* immediately.

From the moment the User interacts with the sections of the page, he is accepting and assuming the following conditions:

• That s/he has read, understands and understands what is set out here.
• That s/he is of legal age in accordance with the regulations in force in his/her place of residence, otherwise the minor must have the authorisation of his/her legal representatives.
• That, in case you are about to contract any product and/or service, you have sufficient capacity and the required age to do so.
• That s/he assumes all the obligations set forth herein.

The User must read these General Conditions carefully each time s/he accesses the Portal, as the Portal and these General Conditions may be modified.

MADRID & DARRACOTT S.L. 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 any elements that integrate the design and configuration of the Portal.

The modification of these General Conditions will not affect the goods or promotions that had been acquired before this modification.

2. General information about the Portal

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

Owner: MADRID & DARRACOTT, S.L. Registered address: C/ Duque de Rivas, 8 – 28012 MADRID. C.I.F.: B88212196 E-mail: [email protected] Telephone: 91 219 19 75 Registration details: Madrid Companies Registry. Volume 38.251, Sheet 25, General Section of Companies, Page M-680620, Entry 1.

3. Conditions of use

3.1. Access to the Portal

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

3.2. Need for Registration

The use of certain services and contents may be conditioned to the User’s registration.

The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the safekeeping of his or her password, and will consequently be liable for any damages that may arise from its improper use, as well as for the assignment, disclosure or loss of the same. To this end, access to restricted areas and/or the use of services and content carried out under the password of a registered user, such as the purchase of our products or the contracting of our tastings and experiences, will be deemed to have been carried out by said registered user, who will be responsible in all cases for said access and use.

3.3. Rules of use of the Portal

The User undertakes to use the Site and all its contents and services in accordance with law, morality, civil order and the General Terms and Conditions. Similarly, the User undertakes to make proper use of the services and/or contents of the Site which shall not be used under any circumstances for illegal purposes or for purposes which may constitute a crime or a threat against third parties´ rights and/or constitutes an infringement of the intellectual and industrial property rights protected by law or any other regulations of the applicable legal code.

The user undertakes not to transmit, insert, distribute or make available to third parties any kind of material and information (data content, messages, pictures, sound and image files, photographs, software, etc.) that are contrary to law, morality, civil order and the General Terms and Conditions. Including but without limitation the User undertakes:

1. Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, or advocacy of terrorism, or which is contrary to human rights.
2. Not to introduce or disseminate in the network data programs (virus and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
3. Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized by the Constitution and international treaties.
4. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
5. Not to transmit unsolicited or unauthorised advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
6. Not to introduce or disseminate any false, ambiguous or inaccurate information or content in a manner that misleads the recipients of the information.
7. Not to impersonate other Users by using their registration keys to the different services and/or contents of the Portal.
8. Not to spread, to transmit or to put at the disposal of third any type of information, element or content that supposes a violation of the rights of intellectual and industrial property, patents, marks or copyright that correspond to the holders of the Portal or to third parties.
9. Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and legislation on personal data.

The User undertakes to keep MADRID & DARRACOTT S.L. free from any possible claim, fine, penalty or sanction that he/she may be obliged to bear as a result of the User’s failure to comply with any of the aforementioned rules of use, and MADRID & DARRACOTT S.L. also reserves the right to request the corresponding compensation for damages.

Occasionally, MADRID & DARRACOTT S.L. may provide the User with a link through its communications (such as periodic newsletters) that will allow him/her to access his/her personal account. This access will be carried out through a unique and private address, so that the User will not need to introduce his access keys to the Portal. Consequently, the User will have to treat the communications of MADRID & DARRACOTT S.L. in a confidential way and to abstain from resending them to third parties, in order to avoid non authorized access to the private information of its account.

3.4. Exclusion of Responsibility

The access of the User to the Portal does not imply for MADRID & DARRACOTT S.L. the obligation to control the absence of virus, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of suitable tools for the detection and disinfection of harmful computer programs.

MADRID & DARRACOTT S.L. is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered in the Portal.

MADRID & DARRACOTT S.L. does not take responsibility of the damages or damages of any type produced in the User that bring cause of failures or disconnections in the networks of telecommunications that produce the suspension, cancellation or interruption of the service of the Site during the benefit of the same or with previous character.

3.5. Contents and services linked through the Portal

The Portal access service may include technical link devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter “Linked Sites”). In these cases, MADRID & DARRACOTT S.L. will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, s/he may notify MADRID & DARRACOTT S.L., without this notification entailing any obligation to remove the corresponding link.

In no case, the existence of Linked Sites must suppose the formalization of agreements with the people in charge or holders of the same ones, nor the recommendation, promotion or identification of MADRID & DARRACOTT S.L. with the manifestations, contents or provided services.

MADRID & DARRACOTT S.L. does not know the contents and services of the Linked Sites and, therefore, it does not become responsible for the damages produced by the illegality, quality, non updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites nor by any other damage that is not directly attributable to MADRID & DARRACOTT S.L.

3.6. Intellectual and industrial property

All the contents of the Portal, understanding by these, as a mere example, the 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 MADRID & DARRACOTT S.L. or of third parties, and none of the exploitation rights recognized by the current regulations on intellectual property can be understood to have been transferred to the User.

The brands, commercial names or distinctive signs are owned by MADRID & DARRACOTT S.L. or third parties, without it being understood that access to the Portal confers any right over them.

In any case, the User knows and accepts that the qualifications and the commentaries that make on the products available through the Web site will be able to be accessible for the rest of the Users of the Web site, including the identity of their author.

On all the comments lodged freely by the User in the Website, whether or not they include an opinion or description of the products offered (from now on, “the Contents”) or comments in the publications (entries and podcasts), the User grants MADRID & DARRACOTT S.L. a free, non-exclusive license of use, of worldwide territoriality and with the maximum duration legally established. On the basis of this license, MADRID & DARRACOTT S.L. will be able to freely exploit the reproduction, transformation, distribution and public communication rights of the Contents, only with the purpose of being able to provide the services offered by MADRID & DARRACOTT S.L. and to advertise its products and services.

4. Conditions of Contracting

4.1. User Registration

The use of most of the services provided by MADRID & DARRACOTT S.L. implies the necessity of the User’s registration in the Portal.

The User will have to proceed to his registration indicating his complete name and an email account to which he has access. Once the registration is completed, a message will be sent to the designated e-mail account with a link that the User must follow to confirm that s/he has access to it.

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

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

4.2. Delivery conditions

MADRID & DARRACOTT S.L. ships its products to: Spain, Italy, France, Portugal, Germany and the United Kingdom. It will not be possible to make the purchase process through the Portal to destinations other than those indicated. The purchase of products in the Portal is subject to the payment of shipping costs, on account of the buyer, unless it is expressly indicated otherwise.

Shipping costs will depend on the destination and the number of products purchased, and these will be subject to the rates established with the relevant delivery company. For orders of 6 bottles or more, the shipping cost is included exclusively for the Spanish peninsular territory. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review these costs before finalizing its purchase. MADRID & DARRACOTT S.L. cannot be responsible for the delay in the delivery of the orders due to causes not directly attributable to MADRID & DARRACOTT S.L., fortuitous cases or of force majeure.

The expenses of shipment include, in addition to the transport of the products, its packing in boxes specially designed to transport bottles, the insurance against loss or breakage, as well as the VAT.

Orders will be delivered to the delivery address freely designated by the User. MADRID & DARRACOTT S.L. will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy or falsification of the data facilitated by the User to that effect, as well as in the case in which the delivery cannot be made due to causes beyond the control of MADRID & DARRACOTT S.L., such as the absence of the addressee in the delivery address.

In case of absence of the addressee, the delivery company will be responsible for leaving a note of passage with the necessary information to agree on a new delivery at the address of the addressee or the necessary indications so that the addressee can pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without the order has been delivered, it will be returned to origin and the contract will be terminated and, consequently, the order will be closed satisfactorily.

4.3. 100% Quality Guarantee

The products marketed through this website have the guarantees offered by the producers of these products. In those incidents that justify the use of the guarantee, the article will be repaired, replaced, reduced or returned, under the terms established by law. The Royal Legislative Decree 1/2007 of 16 November gives a legal guarantee of 2 years from the date of delivery for goods of a durable nature, such as bottles of wine. The consumer and User must inform the seller of the lack of conformity within two months of becoming aware of it.

In addition, MADRID & DARRACOTT S.L. offers an additional guarantee to the User called “100% Quality Guarantee”, on the basis of which, the User has the possibility of returning the different units acquired of a same product if when trying a unit of the same one it was defective.

In this case, the User has a period of 30 calendar days from receipt of the products to request the return of the products, by sending an e-mail to [email protected] and specifying “100% Quality Guarantee” as the subject. The User must state the order number and the products to be returned, as well as detailing the defect(s) found (wine in poor condition, etc).

The User must return the rest of the product units that have not been tasted in perfect condition (not damaged, dirty or opened by the User), correctly protected and, ideally, in their original packaging. After the verification by MADRID & DARRACOTT S.L. of the good state of the products, the amount corresponding to the returned units will be reimbursed in a maximum term of 10 natural days using the same means of payment that the User used for the initial purchase. This guarantee does not extend to the transport costs of the return, which will be paid by the User.

4.4. Selection of the products by the User

Every registered User will be able to contract through the Portal the purchase 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 (euros) and include Value Added Tax (VAT).

The purchase process at MADRID & DARRACOTT S.L. is based on a virtual basket, to which the User can add the products s/he wishes to purchase.

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

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

4.5. Order processing

Once the products you wish to purchase are in the shopping basket, the User can start the order process by selecting the option “View Cart”, which will show the User the contents of the virtual basket, allowing the modification of the selected products, their quantities and their removal from the shopping basket.

The User must make sure that the products indicated on the screen are the ones s/he wishes to purchase and establish a valid and relative delivery address. At this point, the total price of the selected products and the generated shipping costs are shown. Also in this section, the User can use the promotional coupons.

If the User wants the billing address to be different from the shipping address, s/he must specify it on the payment page and fill in the corresponding information.

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 the sum of the price of the products and the shipping costs, net of any promotional discount and/or coupon.

When the order is confirmed, 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 screen and sending an e-mail to the User confirming the operation.

4.6. Payment method

The purchase of products through the MADRID & DARRACOTT S.L. Gateway allows the following forms of payment:

• Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual TPV.
• Payment by Paypal.
• Occasionally, payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through the Stripe platform.

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

MADRID & DARRACOTT S.L. 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 operation.

4.7. Confirmation of the reception of the acceptance

Once the purchase process has been completed, the User will receive, at the e-mail address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, date of contract, order number and delivery date. Likewise, a permanent link to these contract conditions will be sent to the e-mail address provided by the User. The User may request a copy of the General Terms and Conditions applicable at any time, free of charge, from MADRID & DARRACOTT S.L. or from any third party designated for registration and version control, where applicable.

4.8. Right of Withdrawal

In any case, the buyer will have a period of fourteen (14) calendar days after receiving the Product to exercise its right of withdrawal without having to justify reasons or have any sanctions.

In accordance with Article 102.d) of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the supply of goods that may deteriorate or expire quickly is not applicable, so the right of withdrawal cannot be exercised on bottles that have been opened, for example, due to rapid deterioration of the content in such cases.

The buyer must declare his intention to withdraw within the specified period and must return the product. You can also use the model withdrawal form available here. Likewise, the User may send an e-mail to [email protected] including his/her name and address, as well as the number of his/her order. You may also contact us by telephone to speed up the process of returning the corresponding amounts.

MADRID & DARRACOTT S.L. will reimburse the amounts paid by the User without any deduction of expenses. However, the cost of returning the product will be charged to the User.

Once the products on which the withdrawal falls have been received and their correct state has been verified, MADRID & DARRACOTT S.L. will return the sums paid to the User within a maximum period of 10 calendar days. The products that do not keep their original packing may suffer a depreciation.

5. Nullity and inefficiency of the clauses

If any clause included in these General Conditions were to be declared totally or partially null and void or ineffective, such nullity or ineffectiveness would only affect that provision or the part of it that is null and void or ineffective, with the rest of these General Conditions remaining in force, with such provision being considered totally or partially as not included.

6. Applicable legislation and competent jurisdiction

In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes with us, which can be accessed via the Internet address https://ec.europa.eu/consumers/odr/.

These General Conditions shall be governed by and interpreted in accordance with Spanish law. MADRID & DARRACOTT S.L. and the User agree to submit any dispute that may arise from the provision of the products or services covered by these General Conditions to the Courts and Tribunals corresponding to the User’s domicile.

Last updated: April 2nd, 2021