Organiser
This website is a service offered by Agrícola d’Ulldemolins Sant Jaume, SCCL (hereinafter also referred to as “Cooperativa d’Ulldemolins”), with registered address at C/ Saltadora, 17, Ulldemolins, and tax ID number (NIF) F43012533. It can be contacted at the postal address given, as well as by telephone on +34 977 56 16 40 and/or by email at info@coopulldemolins.com.
“The Organiser” provides this service in accordance with the following conditions, which apply exclusively to the service offered on and through the website “www.coopulldemolins.com/” (hereinafter, “THE WEBSITE”). Any other marketing or distribution channel may involve changes to these conditions (this document may be printed and stored by visitors and users, and forms an integral part of the pre-contractual information).
1-Description of the Service
“THE WEBSITE” offers a commercial information and sales service, both wholesale and retail, for wines, oils and vinegars.
For this reason, although access to the website is unrestricted and some of its products are suitable for purchase even by minors, “the Organiser” excludes as registered users and customers any persons who do not have full capacity to enter into contracts and/or who have not reached the age of majority or the legal age required to purchase or consume alcoholic beverages. If, for any reason, you consider that this exclusion causes you unjustified harm, please contact us using the contact details given in the previous point.
“THE WEBSITE” is suitable for marketing its products both to end consumers and to customers who do not have the legal status of consumer/user. Consequently, some of the consumer-protection provisions of these conditions may not apply to customers who interact with “THE WEBSITE” for a purpose related to their commercial or business activity, trade or profession.
In any event, and without prejudice to the various mechanisms, both its own and those of third parties, that “the Organiser” makes available for the best resolution of any issue that may arise, consumers are informed that the European Commission provides a free online dispute resolution platform, which is available at the link: http://ec.europa.eu/consumers/odr/. Without prejudice to any rights they may have, consumers may, where appropriate, submit their complaints through the online dispute resolution platform.
2-Operation of the service
“THE WEBSITE” may be accessed freely and free of charge (apart from any costs arising from Internet access), without the need to provide any personal data or any consideration. Optionally, users may, after expressly accepting these Terms of Use, become registered users.
Likewise, optionally and subject to the same prior acceptance of these Terms of Use and of the other contractual conditions, users may purchase the products related to the world of alcoholic beverages (wines, sparkling wines and spirits, as well as accessories and related items, among others) that are sold on “THE WEBSITE”.
The information on the products sold is not exhaustive and has been supplied by the manufacturers and suppliers, and “the Organiser” cannot accept any liability for any inaccuracy in that information, beyond such liability as may fall to it under consumer law. In any event, “the Organiser” undertakes to remove or correct any information that it becomes aware of and/or that is notified to it (through any of the channels indicated) as being incorrect.
3-Mechanics of the Service
On acquiring the status of registered user, the visitor may, in accordance with these conditions and with the privacy policy set out in the following point, receive, without any consideration, commercial information and offers relating to the products sold on “THE WEBSITE”.
Likewise, from then on and at any time, through “THE WEBSITE” (or other channels) the visitor may purchase the products of their choice by interacting with “THE WEBSITE”, with the selected product, the number of units chosen and their unit price being indicated at all times, and with a final display of all the items selected, the unit and total price, including and itemising the applicable taxes, any charges arising from transport and/or from the chosen method of payment, as well as any discounts or allowances that have been applied and indicative, approximate information on the delivery time.
To this end, a set of data may be requested relating to the contracting natural/legal person, their billing/delivery address, options relating to the delivery/shipping/collection of the order/means of payment or other aspects always related to the product/service contracted.
Such data will be processed in accordance with the privacy policy set out in point four.
Every order placed will be confirmed and evidenced by an email sent to the purchaser, and a record of it will also be kept in the private area of “THE WEBSITE”.
In all cases, in order to pay for any product, the Customer must follow each and every one of the instructions displayed on the relevant page or in the commercial communications made in this regard. Payment of the price of the products and/or services may only be made using the credit or debit cards or other forms of payment indicated at any given time. These means of payment will be subject to checks and authorisations by the issuing entities, but if the entity does not authorise the payment, the purchase procedure that has been started cannot be continued, the order will be automatically cancelled and the sale or contracting of the product and/or service will be deemed not to have taken place.
The price of the specific products and/or services, the costs of the shipping service –where applicable-, and any applicable taxes will be charged at the time the order is placed.
As its electronic payment system, “the Organiser” has an e-commerce payment gateway installed. All data provided to “the Organiser” for this purpose are encrypted to guarantee their maximum security and are hosted on a secure server certified under the “Secure Socket Layer” protocol. Under no circumstances will bank card details be stored in the files of “the Organiser”; they will be stored, where applicable and solely for the purposes of the contractual process being carried out, by the bank payment gateway.
If any product is out of stock, “THE ORGANISER” will contact the purchaser in order to notify them of this issue and to agree on the alternatives available, including the possibility of “THE ORGANISER” replacing the item purchased with another of similar characteristics and of the same or higher quality, or the refund, without delay, of the sums paid for that product.
4-Privacy Policy and Commercial Communications
“The Organiser” will protect your data in accordance with the data protection legislation applicable to it.
“The Organiser”, in accordance with the applicable legislation, will keep the personal data it has collected and will adopt the necessary measures to prevent any unauthorised alteration, loss or processing of, or access to, such data. In addition, every user will have the right to revoke the consent given for the disclosure of their data.
All information supplied during the registration process must be true, complete and accurate, and the user undertakes to contact “the Organiser” (by any of the means indicated in the previous section) should there be any changes to the information supplied.
All data provided may, where appropriate, be processed by third-party companies collaborating with or subcontracted by “the Organiser” to carry out specific tasks (customer service, call centre, invoicing, shipping, debt collection, etc.).
Likewise, the data provided may be processed by “the Organiser” and/or third parties, always in a manner that is instrumental, ancillary and complementary to the main purposes of the file (the provision of the service and the receipt, where applicable, of commercial communications), so that these purposes may be achieved as effectively as possible. They may also be disclosed to third parties for the purpose of sending you, through any channel (post, electronic, telephone, computer and Internet), advertising and commercial promotions from the sectors for which there is a legitimate interest and/or for which the user has, by means of a positive action, given their consent to the processing of such data for commercial purposes and to the disclosure of their data to the companies with which collaboration agreements are concluded, for the fulfilment of purposes directly related to their legitimate functions and always with the aim of providing the best possible service, and the user unequivocally consents to such processing and disclosures possibly being carried out by means of international transfers to third parties located in countries that offer a level of protection different from that which governs “the Organiser”. For any matter relating to the exercise of your legal rights regarding personal data, you may approach your own supervisory authority or the Organiser’s supervisory authority, should it be a different one, or contact the Data Protection Officer of “the Organiser” (info@coopulldemolins.com), whose additional contact details you may obtain by sending a request to “THE ORGANISER” using the contact details set out at the beginning of this document.
Users of “THE WEBSITE” are informed of, and give their authorisation for, the receipt of advertising from “the Organiser” and, where applicable, from the sponsors and/or companies with which a commercial agreement expressly stated on the website has been reached, always in relation to products and services of interest to them.
This communication may be made through all the channels provided by the participant: email, SMS, telephone, post or through the use of computer applications and social networks. Such communications may, where applicable, incorporate cookies/beacons/markers which, anonymously and without affecting any personal data, enable “the Organiser” and/or the companies with which it collaborates to communicate better with the participant.
Likewise, subject to valid and specific consent having been given beforehand for this purpose, you may receive, by any of the means described, information and advertising from other related companies or entities concerning sectors that may be of interest to you.
Commercial communications may include one or more cookies/markers/beacons that will serve both technical purposes (making it possible to improve the receipt of such communications, informing us whether they have been received/opened) and advertising purposes, to enable better interaction with the recipients of such commercial communications. These markers, whether of the so-called “session” or “persistent” type, have a fixed duration, are technically protected against third parties and do not allow you to be identified under any circumstances, only to be singled out for better handling. You may at any time revoke the consent given by accepting these conditions, either by sending a communication to info@coopulldemolins.com , or by appropriately configuring both your browser and your email access/reading system.”
Users may revoke, in whole or in part and at any time, the consent given to receive advertising communications by sending a notification by email to the sender of such communications, as well as to info@coopulldemolins.com. A total revocation notified to “the Organiser” will also entail, within a maximum period of one week, the erasure of the user’s data from the files owned by “the Organiser”; the data will be blocked and kept only, where applicable, for the purpose of ensuring compliance with legal or contractual obligations. Total revocation entails the loss of registered user status.
All persons whose personal data are processed may exercise, free of charge, the actions arising from the rights of objection, access, rectification, erasure, information, portability, restriction of processing and any other rights available to them by one of the following means: In writing, by sending their request, together with documentation proving their identity, to “THE ORGANISER” by any of the means indicated at the beginning of this document, or to the email address: info@coopulldemolins.com
5-Declarations
All prices shown on “THE WEBSITE” are expressed in EUROS and, where applicable and unless expressly stated otherwise, include all applicable taxes; shipping costs, if any, are also shown at the appropriate time.
Where it is the consumer and user who arranges the transport of the goods, or where the carrier chosen is not among those proposed by “THE ORGANISER”, the risk will pass to the consumer and user upon delivery of the goods to the chosen carrier.
6-Returns policy
Solely where the user/customer has the status of consumer, they will have a maximum period of fourteen (14) calendar days from delivery of the product to withdraw, in whole or in part, from the purchase of the product, in accordance with the applicable legislation.
To exercise this right, the customer must contact “THE ORGANISER” by sending a communication to info@coopulldemolins.com.
In all cases, the product must be sent to “THE ORGANISER” at the customer’s own cost and expense, in the same condition in which it was delivered, and must retain its original packaging and labelling, bearing in mind that this right may not be exercised in respect of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
Once any goods subject to withdrawal have been received, “THE ORGANISER” will refund, without undue delay, the corresponding payment received from the CUSTOMER, including the original delivery costs, unless the consumer and user has expressly selected a type of delivery other than the least expensive type of standard delivery, in which case the additional costs arising from this will not be refunded.
7-Cookies on the website
Access to this website may involve the use of cookies. Cookies are small amounts of information that are stored for a limited time on your computer’s hard drive and that can only be read by the server that stored them. Their sole function is to improve the usability of the service, making it easier for you to use “THE WEBSITE”.
At the same time, in addition to cookies in the technical sense, access to this website may involve the use of other technologies with an effect equivalent to cookies (markers) which, where applicable, enable the technical optimisation of the website and of the service offered, as well as possible better integration with third-party platforms or use across multiple devices.
The cookies that may, where applicable, be used on “THE WEBSITE” are not of an advertising nature. They are technical, analytical and personalisation cookies. They make it possible to quantify the number of users and thus to measure and statistically analyse the use that users make of the service offered, while also allowing the service to be adapted to the characteristics of the user and their device.
No cookie makes it possible to contact the user’s telephone number, email address or any other means of contact. No cookie can extract information from the user’s hard drive or steal personal information. Users who do not wish to receive cookies or who wish to be informed when they are set can configure their browser accordingly. In addition, you may delete these cookies from your computer’s hard drive whenever you wish.
8- Modification and Termination
“The Organiser” reserves the right to modify the content of its website and the terms of use for justified reasons and while safeguarding the rights of users, especially consumers. Likewise, and without prejudice to respect for the rights acquired by users, “the Organiser” reserves the right to terminate the provision of this service at any time.
The aforementioned changes will be implemented with prior notice to participants and members. This duty of notification vis-à-vis third parties will be deemed to have been fulfilled by the amendment of the Terms of Use displayed on the web page of “THE WEBSITE”.
9- Intellectual and Industrial Property
Both “THE WEBSITE” and all the content deriving from it are protected by Intellectual Property laws. They may not be exploited, reproduced, distributed, modified, publicly communicated, assigned or transformed. Access to this website does not grant users any right to, or ownership of, the intellectual property rights in the content hosted on this website.
“The Organiser” is grateful for the unsolicited submission of testimonials and other opinions, observations and comments regarding the products or services offered by “the Organiser”, whether on “THE WEBSITE” or on other platforms or channels. Such information may be incorporated into the website (or other channels), with acknowledgement of authorship and the privacy of the authors guaranteed at all times. For this reason, and in order to comply with the legislation in force and with the technical characteristics of the medium, the materials submitted may be modified. By submitting such contributions, their authors waive all economic or other rights over them, although they may request their removal at any time.
The content of this website may be downloaded to the user’s device, provided that it is for their private use and without any commercial purpose; the user may therefore not exploit, reproduce, distribute, modify, publicly communicate, assign, transform or use the content of this website for public or commercial purposes.
The organising company does not transfer ownership of its software to users. The user is the owner of the medium on which the software is recorded. The organising company retains all industrial and intellectual property rights, including the software. If the user transfers software from this website to their device, they may not dissect it for study, or decompile it, or translate the original object code version or its language into another code or language.
The trade name, trade marks, logo, products, photographs and services contained on this website, whether its own or those of third-party companies, as well as the designations of origin and geographical indications and these Terms of Use, are protected by law.
The content of “THE WEBSITE” is intended exclusively for registered users, for their personal use. Any other use (commercial or otherwise) of the information contained on the website is prohibited.
The organising company reserves the right to bring any appropriate legal action against users who violate or infringe database rights and/or intellectual and industrial property rights, whether its own or those of third parties.
10-Limitation of Liability
“The Organiser” will not be liable for any problems arising from the malfunctioning of third parties involved in the technical process of the “THE WEBSITE” service. Accordingly, it will not be liable for failures in telecommunications networks or in the services provided by Internet providers, for the overloading and cutting of telephone lines, for failures in the validation program, for difficulties in receiving communications due to third-party anti-spam filters, etc.
“The Organiser” will not be liable under any circumstances or for any reason for the loss of data transmitted incorrectly, or of data transmitted after the deadline, or of data whose sending has been prevented or hindered by technical filtering systems on the part of providers or of email management software.
11-Jurisdiction and nullity and ineffectiveness of the Clauses
These General Terms and Conditions are subject to Spanish law. In the event of a dispute relating to these General Terms and Conditions, the courts of Tarragona (Spain) have exclusive jurisdiction, except in the case of a dispute with non-traders (consumers), to whom the applicable statutory rules on jurisdiction apply.
If any clause included in these Terms of Use is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null and void or ineffective; the Terms of Use will remain in force in all other respects, and that provision, or the part of it that is affected, will be deemed not to have been included.
None of the clauses set out above is to be understood in a sense contrary to, or more restrictive than, that stipulated by the mandatory rules that apply by virtue of the legislation applicable to “the Organiser” in matters of consumer or user protection.