Terms and Conditions
By accepting these General Conditions, the User declares:
That he/she has read, understands and comprehends what is set forth herein.
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 carefully the present General Conditions every time he/she accesses the Portal, since the Portal and these General Conditions may undergo modifications.
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 DISCOSTA entrusts to a trusted third party the custody of successive versions of the general conditions, both parties recognize as the only valid version of these conditions at all times that which is in the database of the trusted third party.
General information of the Portal
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, of services of the information society and electronic commerce, below is the general information of the Portal:
Owner: DISCOSTA NORTE, S.L. (hereinafter, “DISCOSTA”).
Registered office: Lg. Camino de Vilar, 25. Ribadeo (Lugo)
Registry data: Mercantile Register of Lugo. Day 25/03/1993. Folio 88. Volume 186. Sheet LU-2421.
Conditions of Use
2.1. Access to the Portal
The simple access to the Portal is free except for the cost of the 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 conditioned to the 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 in consequence any damages and prejudices that could derive from his undue use, as well as from the cession, revelation or loss of the same one. 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:
I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, apology of terrorism or that violate human rights.
II.- Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
III.- 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 constitutionally and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
V.- Not to transmit unsolicited or unauthorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI.- 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.
VII.- Not to impersonate other Users by using their registration codes to the different services and/or contents of the Portal.
VIII.- 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.
IX.- 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 indemnify DISCOSTA against any possible claim, fine, penalty or sanction that may be forced to bear as a result of breach by the User of any of the above rules of use, reserving, in addition, DISCOSTA the right to seek compensation for damages that may apply.
On occasion, DISCOSTA will provide the User through its communications, such as periodic newsletters, a link that will allow access to your 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 DISCOSTA communications confidentially and refrain from forwarding them to third parties, in order to prevent unauthorized access to private account information.
2.4. Exclusion of Liability
User access to the Portal does not imply for DISCOSTA the obligation to monitor 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 software.
DISCOSTA is not responsible for any damage caused to software and computer equipment of Users or third parties during the use of the services offered on the Portal.
DISCOSTA is not responsible for damages of any kind caused to the User resulting from 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, DISCOSTA will only be responsible for the content and services provided on the Linked Sites to the extent 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 DISCOSTA, without in any case this communication entails the obligation to remove the corresponding link.
In any case, the existence of Linked Sites should not presuppose the conclusion of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of DISCOSTA with the statements, content or services provided.
DISCOSTA does not know the contents and services of the Linked Sites and, therefore, is not responsible for any damages caused by the unlawfulness, quality, outdated, unavailability, error and uselessness of the content and / or services of the Linked Sites or any other damage that is not directly attributable to DISCOSTA.
2.6. Intellectual and industrial property
All contents of the Portal, meaning, but not limited to, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as graphic design and source codes, are the intellectual property of DISCOSTA or third parties, without being transferred to the User any of the exploitation rights recognized by current legislation on intellectual property on them.
The trademarks, trade names or logos are owned by DISCOSTA or third parties, without 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 other users of the Portal, including the identity of its author.
On all comments freely hosted by the User on the Portal, whether or not they include an opinion or description of the products offered (hereinafter “Content”), the User grants DISCOSTA a non-exclusive license for use, worldwide territoriality and with the maximum duration provided by law. On the basis of this license, DISCOSTA may freely exploit the rights of reproduction, transformation, distribution and public communication of the Content, solely for the purpose of providing the services offered by DISCOSTA and advertise their products and services.
Terms and Conditions
3.1. User Registration
The use of the services provided by DISCOSTA implies the need for user registration on the Portal.
The User must proceed to registration by indicating your full name, email address and may indicate the email address of a User sponsor. 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.
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 view the gift vouchers available, download invoices for orders, check which of the User’s friends have registered with DISCOSTA on his or her recommendation in the “My sponsored friends” section and the ability to cancel the account at any time by indicating a reason why you want to cancel it.
3.2. Shipping conditions
The purchase of products on the Portal is subject to the payment of shipping costs, to be borne by the buyer.
The 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. DISCOSTA cannot be held responsible for any delay in the delivery of orders due to causes not directly attributable to DISCOSTA, acts of God or force majeure.
PRICE PER CASE OF 6 BOTTLES
(1) The number of bottles in each range is indicated in number of 75cl. bottles. In case of formats larger than 75cl. format, the number of equivalent 75cl. bottles will be determined to determine the applicable range (for example: a 1.5L Magnum bottle is equivalent to 2 75cl. bottles).
(2) The time periods indicated are to be understood as from the working day following confirmation of the order. In the case of Private Sales, the indicated delivery times may be extended up to 4-5 working days depending on the receipt of the goods by the supplier.
The above shipping costs include, in addition to the transport of the products, their packaging in boxes specially designed for transporting bottles, insurance against loss or breakage, as well as VAT.
The delivery of orders will be made at the delivery address freely designated by the User. DISCOSTA will not assume any responsibility when the delivery of the product does not take place 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 the delivery can not be made for reasons beyond DISCOSTA, such as the absence of the recipient at the delivery address.
In case of absence of the recipient and whenever possible, will be left note of passage with the necessary information to arrange a new delivery at the address of the recipient or the necessary indications for it to go to pick up the product to a certain place. In any case, after 7 days from the last delivery attempt without being able to deliver the order, it will be returned to origin proceeding to terminate the contract.
3.3. Discounts on shipping costs
50% discount on shipping costs on purchases over 100 ¤ on all orders to Spain, except the Canary Islands. In the case of the Canary Islands, the 50% discount on shipping costs will be from 200€ of purchase.
3.4. 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, we will opt for repair, replacement of the item, discount or refund, in the legally established terms. 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.
In addition, DISCOSTA offers an additional guarantee to the User called “100% Satisfaction Guarantee”, on the basis of which, the User has the possibility to return the different units purchased of a product if when testing a unit of product this does not satisfy him.
The User has a period of 30 calendar days from receipt of the products to request the return of the products, sending an email to email@example.com and specifying as subject “100% Satisfaction Guarantee”. The User must state the order number and the products to be returned.
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 DISCOSTA 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 warranty does not extend to the return transport costs, which shall be borne by the User.
3.5. Selection of products by the User
Any registered User may contract through the Portal the purchase of products.
The purchase process in DISCOSTA is based on a virtual basket, to which the User can add the products you wish to purchase.
To add products to the shopping cart, once the User is on the product description page and selected the customization options available, you must select the option “Add to cart” provided.
At any time the User can access and modify the contents of the basket.
3.6. Order processing
Once the products that the User wishes to purchase are in the shopping basket, the User may start processing the order by selecting the option “View basket”, an option that 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 are 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 information; 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 DISCOSTA cannot guarantee its compliance.
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.
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.
3.7. Price of the products
The prices of the products are those indicated in the description attached to them. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).
3.8. Payment method
The purchase of products through the DISCOSTA Gateway allows the following forms of payment:
– Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.
To use the credit card through a virtual POS, the buyer must fill out a form indicating the name of the card owner, card type, card expiration date and security code.
DISCOSTA has no access to bank details linked to the means of payment and does not know or record these details during the payment transaction.
3.9. Confirmation of receipt of 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 contracting, 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 DISCOSTA or any third party designated for registration and version control, if any.
Invalidity and Ineffectiveness of Clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect such provision or the part of it that is null or ineffective, subsisting these General Conditions in all other respects, considering such provision totally or partially as not included.
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 settlement of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr/.
These General Terms and Conditions shall be governed by and construed in accordance with Spanish law. DISCOSTA and the User agree to submit any dispute that may arise from the provision of products or services under these Terms and Conditions, to the Courts and Tribunals corresponding to the User’s domicile.