GENERAL CONDITIONS

This section includes the General Conditions of Use and Contracting (hereinafter, “the General Conditions”) that govern, together with the Privacy Policy and the Cookies Policy, the access and use of this website accessible through the domain name www.quitauelve.es and its subdomains (hereinafter, "the Website"), as well as the contracting of products and / or services through it. The simple access to the Website attributes to whoever performs it the condition of User of the Website (hereinafter, "the" User ") and implies acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Website without using it.

By accepting these General Conditions, the User declares:

• That you have read and understood what is stated here.
• That for the use of the Website, they must be of legal age in accordance with the regulations in force in their place of residence, otherwise, the minor must have the authorization of their legal representatives.
• That every User who registers on the Website must be at least eighteen (18) years old.
• That, in the event that you are willing to contract a product and / or service, you have sufficient capacity to do so.
• That it assumes all the obligations set forth herein.

The User must carefully read these General Conditions each time he accesses the Website, since it, and these General Conditions, may be modified.

The owner of the Website 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 how many elements make up the design and configuration of the Website.

The modification of these General Conditions will not affect the goods or promotions that had been acquired prior to said modification.

In the event that QUITAPENAS entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties recognize as the only valid version of said conditions at all times that which appears in the database of the trusted third party.

1. General information of the Website

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

• Owner: BODEGAS QUITAPENAS, SL
• Registered office: Carretera de Guadalmar, 12, 29004 Málaga - Spain
• CIF B29004157
• E-mail: ventas@quitauelve.es
• Telephone: +34 952247595
• Commercial register data: Registered on October 28, 1960; Volume 75; Folio 6; 1st Inscription; Sheet 28

2. Contract Conditions

2.1. User registration

The use of the services provided by QUITAPENAS implies the need to register the User on the Website.

The User must proceed with their registration indicating their full name and email address. 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 they have access to it.

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

Once the User is correctly registered on the web, they can access "My Account" at any time. Through "My Account" the User can modify their personal data as well as the data related to the sending of orders, check if they have orders pending delivery.

In the "My Account" section, the User can request the invoices for the orders and the possibility of canceling the account at any time indicating a reason why they wish to cancel it.

2.2. Send conditions

QUITAPENAS only sends its products to: Peninsular Spain. It will not be possible to carry out the purchase process through the Website to destinations other than those indicated.

The purchase of products on the Website is subject to the payment of shipping costs, at the buyer's expense.

Shipping costs depend on the number of products purchased according to the indicative table set out below. 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 their purchase. QUITAPENAS cannot be held responsible for the delay in the delivery of orders due to acts of God or force majeure.

Home delivery rates in Peninsular Spain:

• 1-3 bottles: € 6.90
• 4-6 bottles: € 7.90
• 7-10 bottles € 9.90
• 11-14 bottles € 11.90
• 15-18 bottles € 13.90
• 18-21 bottles € 15.90
• 22-24 bottles € 17.90
• 25-28 bottles € 19.90
• 29-30 bottles € 21.90
• More than 30 bottles: consult in orders@quitauelve.es. We will carry out a study of the shipment and conditions.

Free shipping for orders over € 150. Exclusive for sales made through the Website.

QUITAPENAS undertakes to deliver the products purchased by the User in the purchase process in the shortest possible time, and in any case, within a maximum period of thirty (30) calendar days from the order formulation date. However, the shipment of orders will be processed so that the delivery time does not exceed 4-5 working days from the following to the confirmation of the order.

Free shipping costs for the pick-up option at the following available points:

1. Central winery in Carretera de Guadalmar, 12, 29004 in Malaga.

The shipping costs mentioned above include, in addition to the transport of the products, their packaging in boxes specially designed to transport bottles, insurance against loss or breakage, as well as VAT.

The delivery of the orders will be made at the delivery address freely designated by the User. QUITAPENAS 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 cannot be made for reasons beyond the control of QUITAPENAS, such as the absence of the recipient at the delivery address.

In the absence of the recipient and whenever possible, a note will be left with the necessary information to arrange a new delivery at the recipient's address or the necessary indications for the recipient to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without the order having been delivered, it will be returned to origin proceeding to terminate the contract.

In case of breakage, the merchandise will be sent back to the User at no additional cost.

Likewise, the User accepts that, in accordance with the declaration of data protection of QUITAPENAS and in a revocable way at all times, his telephone number and his email address are provided to the carrier that carries out the shipment, so that he can contact Contact the User in order to agree on a delivery date or transmit information about the status of the shipment.

2.3. Return of products:

Right of withdrawal

The User will have a maximum period of 14 (fourteen) calendar days from the delivery of the product to withdraw, totally or partially, from the purchase of the product, in accordance with the applicable legislation.

Once the period of fourteen (14) calendar days has ended, QUITAPENAS will not accept returns for the withdrawal of product purchases.

In the event of desisting from the purchase of a product, the User must contact QUITAPENAS by sending an email to order@quitauelve.es.

In any case, in the event of desisting from the purchase, the following requirements must be met:

1. The product must be in the same state in which it was delivered and must retain its original packaging and labeling.
2. The return to QUITAPENAS must be made using the same box used in the delivery, or failing that, in a similar format that guarantees the return of the products in perfect condition.
3. A copy of the proof of purchase and the delivery note of the products must be included in the package, which also indicates the returned products and the reason for the return.

Returns of orders should be sent to the address of QUITAPENAS, in Carretera de Guadalmar, 12, 29004 Málaga. The User will assume the shipping costs for return in the case of exercising the right of withdrawal.

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

• Return of defective products.

Without prejudice to any other rights that may correspond, the User will be entitled to a refund of the price of defective products or products delivered if they do not correspond to the order placed by the User. Alternatively to the above, the User will have the right to claim, and have it delivered, an equal product, in perfect condition.

In the cases of return to QUITAPENAS of defective products or that do not correspond to your order, this must be carried out by the User through the procedure established in section 2.3.1 above, although the User, in this case, should not do against the costs of returning such products.

Provided that the User has followed the procedure established in section 2.3.1 above and the requirements established in this section have been met, QUITAPENAS will refund the price paid corresponding to the returned products that are defective or that do not correspond to the product order. made by the User, in accordance with the provisions of section 2.3.3 below.

• Refund of the price of the products to the User

Provided that the User has followed the procedure established in this section and the requirements established therein have been met, QUITAPENAS will refund the price paid by the User for the returned products. In the event that the return is made in exercise of the User's right of withdrawal described in section 2.3.1, QUITAPENAS will not pay or pay the return expenses and / or costs.

The User will not be entitled to a refund of the price of returned products that are not in the same conditions in which they were delivered, or the requirements established in these General Conditions have not been met.

Partial returns of an order will give rise to the refund of the price corresponding to the product or products actually returned.

QUITAPENAS will manage the price refund order through the same payment system used by the User to purchase the products, within thirty (30) calendar days from the collection of the returned order and once QUITAPENAS has verified that the products object of return comply with the requirements established in sections 2.3.1 and 2.3.2 above. The application of the refund of the price in the User's account will depend on the bank.

The web contracting of tastings, courses, visits, tastings, space reservations, etc., which foresee a specific date or dates of execution, under the provisions of art. 103 l) of Royal Legislative Decree 1/2007, of November 16, in no case will a right of withdrawal be applicable to the consumer.

2.4. Selection of products by the User

Any User may contract through the Website the purchase of products or the provision of services, hereinafter "products".

The purchase process in QUITAPENAS is based on a virtual basket, to which the User can add the products they wish to purchase.

To add products to the shopping cart, once the User is on the product description page and has selected the available customization options, they must select the "Add to cart" option provided.

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

• System for purchasing products or services.

To proceed with the purchase of the product, the registered User, who must be over eighteen (18) years old, must select the product or service that he wishes to buy and add it to the Shopping cart. Once the selection of products to be purchased has been completed, the User must click the icon "Complete the purchase". Next, the products selected for purchase will be indicated and the User must select between sending the products to the address entered in their registration data (being able to choose between any of the addresses contained in their registration data) pick up the order in the Winery or at the indicated collection points. Finally, the User must click the "Pay" icon.

The username, email address and password provided to QUITAPENAS are identifying and enabling elements to access and make purchases and are personal and non-transferable. The User's name, password and email address may be modified, in which case the modified password, Username and / or email address will lose their validity.

Once the purchase process is finished, QUITAPENAS will send to the email provided by the User, an email confirming the receipt of the order within twenty-four (24) hours after the order was made. The order confirmation sent by QUITAPENAS will not be valid as an invoice, only as proof of purchase. The QUITAPENAS Customer Service Department will send the User the corresponding invoice within a period of less than thirty (30) days from the execution of the purchase.

2.6. Product price

The prices of the products and services offered through the Website include all applicable taxes and are expressed in the Euro currency (€). The shipping costs of the products for the buyer's account are detailed and detailed in the "Your Cart" section of the Website.

QUITAPENAS reserves the right to modify the prices reflected on the Website, at any time. The products will be invoiced at the current price reflected on the Website, at the time of order registration.

Prices may vary from one channel to another of QUITAPENAS, and there may be, for example, differences between the web price and that of physical stores. There may be promotions that only affect one of the channels. Each channel (physical store or Website) reserves the right to carry out its own promotions.

2.7. Way to pay

The payment of the price of the products and services purchased and of the shipping costs, which will appear on the screen, can be made between the following forms of payment or through other payment systems indicated at any time on the Website.

To proceed with the payment, the User must follow the instructions that appear on the screen depending on the payment system chosen.

The purchase of products and services through QUITAPENAS allows the following forms of payment:

• Payment by debit or credit card (VISA and MASTERCARD) through a virtual POS.

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

QUITAPENAS does not have access to the bank data linked to the means of payment and does not know or record these data during the payment operation.

2.8. Confirmation of receipt of acceptance

Once the purchase process is completed, the User will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, contract date, order number and delivery date. approximate delivery and, where appropriate, payment method if the payment method by bank transfer has been chosen. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to QUITAPENAS or to any third party designated for registration and version control, if applicable.

3. Terms of use

3.1. Access to the Website

Simple access to the Website is free except for the cost of the 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 content may be subject to prior registration by the User.

The data entered by the User must be exact, current and truthful. The registered User will be responsible at all times for the custody of their password, assuming consequently any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of it. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered User will be deemed to have been made by said Registered User, who will be liable in all cases for said access and use.

3.3. Prohibition for minors

Minors under 18 years of age are not authorized to make purchases of our products or services, with or without the consent of their parents or guardians.

3.4. Rules of use of the Website

The User agrees to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions. Likewise, it is obliged to make appropriate use of the services and / or contents of the Website and not to use them to carry out illegal or criminal activities that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property, or any other rules of the applicable legal system.

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 case limiting or exclusive, the User undertakes to:

1. Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology for terrorism or that violates human rights.
2. Not to introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
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 constitutionally and in 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. Do not transmit unsolicited or authorized advertising, publicity 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 conceived for it.
6. Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
7. Not to impersonate other Users using their registration keys to the different services and / or contents of the Website.
8. Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.
9. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on personal data.

The User undertakes to hold QUITAPENAS harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User's breach of any of the aforementioned rules of use, reserving, in addition, QUITAPENAS the right to request the corresponding compensation for damages.

3.5. Liability Exclusion

User access to the Website does not imply for QUITAPENAS the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

QUITAPENAS 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 on the Website.

QUITAPENAS is not responsible for damages of any kind caused to the User that cause failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the service of the Website during the provision of the same or previously .

3.6. Contents and services linked through the Website

The access service to the Website may include technical link devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, "Linked Sites"). In these cases, QUITAPENAS will only be responsible for the content and services provided on 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 illegal or inappropriate content, he / she may communicate it to QUITAPENAS, without in any case this communication entailing the obligation to remove the corresponding link.

In no case, the existence of Linked Sites should presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of QUITAPENAS with the statements, content or services provided.

QUITAPENAS does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to QUITAPENAS.

3.7. Intellectual and industrial property

All the contents of the Website, understood as, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the property of intellectual property of QUITAPENAS or third parties, without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to be assigned to the User.

Trademarks, trade names or distinctive signs are owned by QUITAPENAS or third parties, without it being understood that access to the Website attributes any right over them.

In any case, the User knows and accepts that the ratings and comments made on the products available through the Website may be accessible to the rest of the Users of the Website, including the identity of their author.

Regarding all the comments freely hosted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter, "the Contents"), the User grants QUITAPENAS a non-exclusive, territorial use license free of charge. worldwide and with the maximum duration legally foreseen. On the basis of said license, QUITAPENAS may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of being able to provide the services offered by QUITAPENAS and advertise its products and services.

4. Nullity and ineffectiveness of the clauses

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present General Conditions subsisting in everything. others, considering such provision totally or partially as not included.

5. Applicable legislation and competent jurisdiction

These general conditions are ruled by the Spanish Law. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the User's domicile.

Version: December 2, 2019