General Conditions of Contract
By accepting these General Conditions, the User declares:
- That they have read and understood the terms described herein.
- That they are of full legal age.
- That they have the legal authority to contract products and/or services, should they decide to do so.
- That they accept all the obligations stated herein.
The User should carefully read these General Conditions every time they access the Website, as the Website and the General Conditions may have changed.
The Website owner reserves the right to modify or update the Website content and services at any time, or the General Conditions and, in general, any element that comprises part of the design and configuration of the Website.
Modifications to these General Conditions shall not affect any goods or promotions purchased prior to such modification.
1. General Website Information
In compliance with the terms of Article 10 of Law 34/2002 of 11 July on Information Society Services and e-commerce, the general information regarding the Website is detailed below:
Owner: Elkano Consulting IMG / elkanogroup
Registered address:Paseo Portuetxe 57, 2D, 20018 Donostia – San Sebastian
Tel: +34 943224340
Register data: Companies Register of Madrid. Volume 2533, Book 0, Sheet 177, Page SS-33919, Registration 1.
2. Conditions of use
2.1. Website Access
Simple access to the Website is free, except for the cost of connecting through the telecommunications network provided by the internet supplier contracted by the User.
2.2. Registration Requirement
The use of certain services and content may require prior registration by the User.
The data entered by the User must be accurate, up to date and accurate. The registered User shall be responsible for safeguarding their password at all times, and is therefore liable for any damages that may arise due to its misuse, transfer, disclosure or loss. To this end, access to restricted areas and/or the use of services and contents using the password of a registered User will be assumed to have been made by the registered User, who will be responsible, in any event, for any such access and use.
The User undertakes to use the Website and its content and services in accordance with the law, morals, public order and these General Conditions. He/she likewise undertakes to use the Website services and/or content appropriately, and shall not use them to perform illegal or criminal activities that infringe the rights of third parties and/or intellectual and industrial property regulations, or any other applicable rules of the legal system.
The User shall not transfer, enter, disseminate or make available to third parties any material or information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that contravene the law, morals, public order and these General Conditions. By way of illustration but not limitation, the User agrees:
- I.- Not to enter or disseminate content or advertising that is racist, xenophobic, pornographic, justifies terrorism or infringes human rights.
- II.- Not to enter or disseminate on the network data programs (viruses and harmful software) that are likely to damage the IT systems of the service provider , their suppliers or third party Users of the Internet.
- III.- Not to disseminate, transfer or make available to third parties any information, element or content that contravenes the fundamental rights and civil liberties recognised constitutionally and by international treaties.
- IV.- Not to disseminate, transfer or make available to third parties any information, element or content that represents illegal or unfair advertising.
- V.- Not to transmit unsolicited or unauthorised advertising, advertising materials, junk mail, chain letters, pyramid schemes or any other type of soliciting, except in areas (such as retail environments) that have been exclusively designed for this purpose.
- VI.- Not to enter or disseminate any information or false, ambiguous or inaccurate content that leads to an error on the part of the information receiver.
- VII.- Not to impersonate other Users by using their registration passwords for the different Website services and/or content.
- VIII.- Not to disseminate, transfer or make available to third parties any information, element or content that infringes intellectual and industrial property rights, patents, brands or copyright belonging to the owners of the Website or third parties.
- III.- Not to disseminate, transfer or make available to third parties any information, element or content that infringes communications privacy and legislation on personal data protection.
The User undertakes to maintain Elkano Consulting IMG / elkanogroup free from any claims, fines, penalties or sanctions for which it may be liable as a result of the non-fulfilment by the User of any of the rules of use stated herein, Elkano Consulting IMG / elkanogroup also reserving the right to apply for compensation for any corresponding damages.
2.4. Exclusion of Liability
Elkano Consulting IMG / elkanogroup is under no obligation to ensure the Website is free from viruses, worms or any other harmful computing element when the User accesses the Website. It is, in any event, the User’s responsibility to posses suitable tools for detecting and eliminating harmful computer programs.
Elkano Consulting IMG / elkanogroup shall not be held liable for damages to User and third party software and IT equipment resulting from the use of the services offered on the Website.
Elkano Consulting IMG / elkanogroup shall not be held liable for damages of any type to the User caused by faults or connection malfunctions in the telecommunication network that suspend, cancel or interrupt the Website service before or while it is being provided.
2.5. Content and services linked through the Website
The Website access service may include technical linking devices, directories and even search tools that can be used by the User to access other web pages and Internet portals (hereinafter, “Linked Sites”). In these cases, Elkano Consulting IMG / elkanogroup shall only be liable for the content and services supplied on the Linked Sites to the extent that it becomes aware of any illegal content and does not remove the link with due diligence. In the event that the User believes that a Linked Site contains illegal or unsuitable content, they can notify Elkano Consulting IMG / elkanogroup, but under no circumstances does this communication imply any obligation to remove the link in question.
Under no circumstances shall the presence of Linked Sites presuppose any agreement with the managers or owners of these sites, or that Elkano Consulting IMG / elkanogroup recommends, promotes or identifies with the statements, content or services provided therein.
Elkano Consulting IMG / elkanogroup is not aware of the content and services of the Linked Sites and, therefore, shall not be held liable for damages that occur due to the illegality, invalidity, quality, unavailability, inaccuracy and ineffectiveness of the content and services of the Linked Sites, or for any other damages that are not directly attributable to Elkano Consulting IMG / elkanogroup.
2.6. Intellectual and industrial property
All Website content, which is understood to include, by way of illustration, the text, photographs, graphics, images, icons, technology, software, links and other audiovisual and sound content, graphic design and source code, are the intellectual property of Elkano Consulting IMG / elkanogroup or third parties, and the exploitation rights recognised by current legislation on intellectual property are not considered to have been transferred to the User.
The trade marks, trade names names and distinctive signs belong to Elkano Consulting IMG / elkanogroup or third parties, and accessing the Website shall not confer any rights to them.
3. Contracting Conditions
3.1. User Registration
Use of the sales service and services provided by Elkano Consulting IMG / elkanogroup requires prior registration by the User on the Website.
The User must register by providing their full name, email address and the email of a sponsor User if applicable. Once registration has been completed, a message will be sent to the email address provided with a link that the User must follow to confirm access to the Website.
Once the User has correctly registered on the Website, they can access “My Account” at any time. By visiting “My Account”, the User can modify their personal data, order delivery details and check if any deliveries are pending.
3.2. Shipping conditions
Elkano Consulting IMG / elkanogroup only ships its products to: Mainland Spain, Portugal, Italy, the United Kingdom, Germany, France, the Netherlands, Belgium, Luxembourg, Denmark, Austria, Estonia, Latvia, Lithuania, Bulgaria, Romania, Poland, Czech Rep. Slovakia, Greece, Hungary, USA (all states except Massachusetts, Utah and Puerto Rico), Switzerland, Japan. The Website may not be used to purchase products for destinations other than those stated above. Elkano Consulting IMG / elkanogroup does not ship products to the autonomous cities of Ceuta and Melilla.
Purchasing products through the Website is subject to shipping expenses which shall be at the buyer’s expense.
Shipping expenses shall depend on the destination and the number of products purchased, in accordance with the table below. Applicable shipping expenses shall always be indicated during the purchasing process and the buyer shall have the option of reviewing these before finalising their purchase. Elkano Consulting IMG / elkanogroup shall not be held liable for delays to deliveries due to causes that are not directly attributable to Elkano Consulting IMG / elkanogroup, fortuitous events or force majeure.
|Destination/Number of bottles (1)||Case 12 bot.||Case 24 bot.||Case 36 bot.||Delivery time (Transit time)|
|Mainland Spain||€9.07||€12.10||€12.10||2-3 working days|
|Germany, United Kingdom||€71.00||€112.75||€131.00||3-5 working days|
|Belgium, Netherlands, Luxembourg||€62.00||€91.75||€107.00||3-5 working days|
|France||€49.25||€71.25||€81.50||3-5 working days|
|Estonia, Latvia, Lithuania, Bulgaria, Romania, Poland, Czech Rep., Slovakia, Greece, Hungary||€84.00||€111.50||€131.00||3-5 working days|
|Denmark, Austria||€101.50||€160.00||€179.00||3-5 working days|
|Italy||€60.90||€91.00||€107.50||3-5 working days|
|Portugal||€31.25||€53.25||€77.00||3-5 working days|
|USA (except Massachusetts, Utah and Puerto Rico)||€280.00||€465.00||–||2 working days|
|Switzerland||€135.00||–||–||3-5 working days|
|Japan||€144.00||–||–||7 working days|
(1) The number of bottles in each range refers to the quantity of 75cl bottles.
In addition to product transportation, the delivery expenses stated above include packaging in cases that are specially designed for transporting bottles, insurance against loss or breakage and VAT.
Orders shall be delivered to the delivery address freely provided by the User. Elkano Consulting IMG / elkanogroup shall not be held liable when products cannot be delivered due to inaccurate or incorrect data provided by the User for this purpose, or in the event that the delivery cannot be made due to reasons that are not attributable to Elkano Consulting IMG / elkanogroup, such as the recipient not being present at the delivery address.
In the event that the recipient is not present, whenever possible a delivery note shall be left with the information necessary to agree a new delivery at the recipient’s address, or with instructions explaining how to collect the product from a specific location. The carrier will attempt to deliver 3 times, and the customer will be notified of said home delivery attempts. The order will remain at the carrier’s warehouse for a maximum of 5 days where delivery has not been possible. During which the customer must advise a day and time for the final delivery attempt. At the end of this period the order will be returned to the sender.
3.3. Processing the order
A step-by-step description of the ordering process is provided below:
CHOOSING THE PRODUCT
Access the product details and select the number of boxes you would like to receive.
Click “Add to basket” in the product details.
The selected product will be added to your shopping basket (top right of page).
Once you have finished shopping, access the shopping basket (top right of page).
If you cannot find the product you want, please let us know through our customer service department and we will be delighted to help.
SELECT PAYMENT METHOD
Select one of the available payment options.
CONFIRMING THE ORDER
Once the purchasing process is complete, you will be sent an email to the email address you have provided with the details of your order. Please contact us if you do not receive the email.
After placing their first order, the User will be registered for the on-line shop. They will be able to access a private area where they can modify their details and view the orders they have placed.
Elkano Consulting IMG / elkanogroup shall not be held liable for problems caused when the customer incorrectly enters their contact details. The customer is responsible for correctly selecting the number of product units they want to receive with each order.
3.4. Product Prices
Prices are stated in the product descriptions. All prices in the product description are in euros (€) and include VAT.
3.5. Payment method
Products can be purchased on-line from Elkano Consulting IMG / elkanogroup using the following methods of payment:
- Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.
- Payment using Paypal.
To pay by credit card through a virtual POS, the buyer must complete a form, indicating the cardholder’s name, card type, expiry date and security code.
3.6. Acceptance confirmation email
Once the purchasing process has finished, the User will receive an email at the email address indicated ontheir contact form with information about the product characteristics, price, delivery method, contract date, order number and delivery date.
3.7. Right of withdrawal
The buyer will always have fourteen (14) calendar days following receipt of the product to exercise their right of withdrawal, without needing to provide grounds or being subject to any penalty.
In accordance with article 102.b) of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and additional legislation, the buyer may not exercise their right of withdrawal for bottles that have been opened due to the rapid deterioration of the wine in such cases.
The buyer must state their intention to withdraw within the allocated time period and must return the product. To do this, the User should send an email to firstname.lastname@example.org including their name, address and order number. They may also telephone to speed up the return of any corresponding amounts paid.
Elkano Consulting IMG / elkanogroup will reimburse the amounts paid by the User, except post and packaging and return costs, which must be paid for by the User. The products must be returned in their original packaging and must be in perfect condition for dispatch.
Once the withdrawn products have been received and their good condition has been verified, Elkano Consulting IMG / elkanogroup shall return the amount paid by the User within 10 calendar days. Products that are not returned in their original packaging may depreciate in value.
4. Null and void clauses
If any clause of these General Conditions should be declared fully or partially null and void, this nullity or voidability shall only affect the relevant clause or the part declared null and void, the remaining General Conditions continuing to be valid and the relevant provision being fully or partially excluded.
5. Applicable legislation and competent jurisdiction
These General Conditions shall be governed and interpreted in accordance with Spanish law. Elkano Consulting IMG / elkanogroup and the User agree to submit any dispute that may arise in relation to the products or services subject to these General Conditions to the Courts and Tribunals corresponding to the User’s address.
Version in force from 1 May 2014