1.- Object and generalities
The present General Conditions of Contract (hereinafter, the “General Conditions”), together with the particular conditions that may be established, regulate the conditions of purchase of products through the website www.palaciodelerma.com hereafter, the “Website” or the “Portal”), ownership of bodega Palacio de Lerma S.L. (onwards “Palacio de Lerma”), with C.I.F. B-09374943, registered in the Mercantile Register of Burgos, Tomo 437, libro 228 Folio 171, Hoja BU-7792, whose registered office is in carretera Madrid-Irún km 203 , 09340 Lerma (Burgos)
Palacio de Lerma provides information about products, and offers the possibility of its acquisition through the Website. The persons who intend to acquire products must have the status of “Registered User” or “Invited User”, which are acquired by completing the respective registration form prior to the purchase process and following the steps that Palacio de Lerma subsequently communicates through the Website.
Every User who registers to the Web Site must be at least eighteen (18) years old.
2.- Information of the products
The photographs, graphic representations and videos relating to the Products of Palacio de Lerma, as well as trade names, trademarks or distinctive signs of any kind contained in the Website, are intended to provide the most information, however, the User must have account that they lack exhaustive character.
Palacio de Lerma reserves the right to decide, at any time, the products offered to Users through the Portal. In this way, Palacio de Lerma may at any time add new products to those included in the Portal, understanding, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions that are in force in that moment.
Likewise, Palacio de Lerma reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal.
The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the exercise of the right of withdrawal corresponding to the User in accordance with the provisions of these General Conditions.
3.- Product purchase system
To proceed with the purchase of the product, the registered or invited User, who must be over eighteen (18) years old, must select the product that he wishes to purchase and add it to the Shopping Basket. Once the selection of products to be purchased has been completed, the User must click on the “Next” icon. Next, the selected products will be indicated for their purchase and the User must select between the shipment of the products to the address entered in their registration data (being able to choose between any of the addresses contained in their registration data) or pick up the order in any of the Palacio de Lerma points of sale available in the screen selection. Finally, the user must click on the “Buy” icon
The name of User, the email address and the password provided to Palacio de Lerma are identifying and enabling elements to access and carry out purchases and have a personal and non-transferable nature. The name of the User, the password and the email address may be modified, in which case the password, username and / or modified email address will lose their validity.
Once the purchase process is completed, Palacio de Lerma will send an email confirming receipt of the order to the email address provided by the User. The confirmation of the order sent by Palacio de Lerma will not be valid as an invoice, only as proof of purchase. Palacio de Lerma will send the User the corresponding invoice within a period of less than thirty (30) days from the execution of the purchase.
4.- Price of the products
The prices of the products offered through the Website include all applicable taxes. The shipping costs of the products on behalf of the buyer, will be detailed and broken down in the “Shopping Cart” section of the Website.
Palacio de Lerma reserves the right to modify the prices reflected in the Website, at any time. The products will be billed at the current price reflected on the Website, at the time of order registration.
5.- Payment of the products
The payment of the price of the goods purchased and the shipping costs, which will appear on the screen, may be made by credit or debit card, through the PayPal system and 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.
As an electronic payment system, Palacio de Lerma is attached to the electronic commerce payment gateway. All the data provided for this purpose are encrypted under the SSL (Secure Socket Layers) protocol to guarantee the maximum security of the same.
The User must notify Palacio de Lerma, through email@example.com any undue or fraudulent charge in the account provided for purchases on the Website, in the shortest possible time, in order that Palacio de Lerma may carry out the procedures it deems appropriate.
6.- Delivery of products
Palacio de Lerma is obliged to deliver the products purchased by the User in the purchase process in the shortest possible time, and according to the delivery areas detailed on our transport page. The delivery will be made, at the address indicated for this purpose in the process of registration of the products or pick up at any of the Palacio de Lerma points of sale available in the screen selection.
Palacio de Lerma will not be liable for errors or damages caused in the delivery when the delivery address provided by the User does not conform to the place of delivery desired by the same.
7.- Return of products
(i) Right of withdrawal
The User will have a maximum period of fourteen (14) calendar days from the delivery of the product to cancel, totally or partially, the purchase of the product, in accordance with the applicable legislation.
Once the term of fourteen (14) calendar days has expired, Palacio de Lerma will not accept refunds for withdrawal of product purchases.
In any case, in the event of abandoning the purchase, the following requirements must be met:
1) The product must be in the same condition in which it was delivered and must retain its original labeling.
2) The return to Palacio de Lerma must be done using the same box or envelope 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 products returned and the reason for the return.
The returns of the orders should be sent to the address of Palacio de Lerma, Madrid Irún road km 203 – 09340 Lerma (Burgos). The User will assume the shipping costs for return in case of exercise of the right of withdrawal.
(ii) Return of defective products
Without prejudice to any other rights that may apply, 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 foregoing, the User shall have the right to claim, and to be delivered, an equal product, in perfect condition.
In the cases of return to the Palacio de Lerma of products that are defective or that do not correspond to your order, this must be done by the User through the procedure established in section (i) above, although the User, in this case, does not he will have to face the costs of returning those products.
Provided that the User has followed the procedure established in section (i) above and the requirements established in this section have been met, Palacio de Lerma will reimburse the price paid for the returned products that are defective or that do not correspond to the order of products made by the User, in accordance with the provisions of subsection (iii) below.
In case of defective product, the seller must proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer and user. The seller is responsible for the lack of conformity that manifests itself within two years of delivery. The consumer and user must inform the seller of the lack of conformity within two months of having knowledge of it.
(iii) 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 in it have been met, Palacio de Lerma will reimburse the price paid by the User corresponding to the returned products. In the event that the return is made in exercise of the right of withdrawal of the User described in section (i) Palacio de Lerma will not pay or deal with the costs and / or return costs.
The User will not be entitled to reimbursement of the price of the returned products that are not in the same condition in which they were delivered, or the requirements established in these General Conditions have not been met.
The partial returns of an order will result in the refund of the price corresponding to the product or products actually returned.
Palacio de Lerma will manage the order to return the price by means of the same payment system used by the User for the acquisition of the products, within fourteen (14) days from the collection of the returned order and once Palacio de Lerma has checked that the products subject to return comply with the requirements established in sections (i) and (ii) above. The application of the refund of the price in the User’s account will depend on the bank entity.
8.- Modification of the General Conditions
Palacio de Lerma reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Conditions. The Users will always have these General Conditions in a visible place, freely accessible for any queries they wish to make. Users agree to read these General Conditions carefully each time they access the Website store. In any case, the acceptance of the General Conditions will be a preliminary and indispensable step to the hiring of any product available through the Website.
9.- Communications between Palacio de Lerma and the User
All communications between Palacio de Lerma and the User regarding these General Conditions or the acquisition of the products through the Website, will be made in writing and in accordance with the communication procedures established in these General Conditions for each particular case.
For the rest of the cases that are not expressly regulated in these General Conditions, the communications that the User intends to send to Palacio de Lerma will be sent to the address of Palacio de Lerma indicated in the First Condition and will be made in writing and through a system that allow proof of content and reception by the Lerma palace of the corresponding communication.
10.-Integrity of the General Conditions
11.- Partial nullity
In the event that any Clause of these General Conditions is declared void, it will proceed to the withdrawal or replacement of the same. In any case, said declaration of nullity will not affect the validity of the rest of the provisions included in these General Conditions.
12.- Applicable Law and Jurisdiction
These General Conditions are governed and interpreted in accordance with Spanish law.
The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the competent courts and tribunals in accordance with the applicable legislation.
When a vintage of wine runs out, it will be replaced by the next vintage supplied by the winery.