General Conditions of Use and Contracting

1.OWNERSHIP

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

The owner of the website is the company Masia Vallformosa S.L.. (from now on, "VALLFORMOSA") with registered office in C/ Camí de la Sala, s/n, 08735 Vilobí del Penedès, Barcelona, Spain. With NIF: B08656688.

The Company is registered in the Mercantile Registry of Barcelona; Volume: 38151; Folio: 71; Page B-40696.

The customer service e-mail address is: hola@vallformosa.com

2. OBJECT.

2.1. Vallformosa makes available through its own websites, APP or any other means that it may establish in the future, a technological platform (hereinafter "WEBSITE") where we offer for sale at a distance, wines and sparkling wines or any other products or services aimed at Users (hereinafter "USERS" or "CUSTOMERS").

2.2. Vallformosa may, always depending on the development and evolution of its products and services, expand or modify its WEB SITE, including or replacing new products, services, activities or contents

3.CONDITIONS OF USE

3.1. Acceptance of the conditions of use and contracting.

3.1.1. These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy, the access and use by the USER of the WEBSITE as well as the contracting of products and services through it.

3.1.2. The USER must read these General Conditions carefully each time he or she accesses the Web Site, as these General Conditions may be modified.

The USER states:

That he has read, understands and understands what is stated here;

That he is a person of legal age and with sufficient legal capacity to purchase alcoholic beverages according to the legislation of the country of his residence and with sufficient capacity to contract;

That he/she assumes all the obligations set forth herein.

who understands that the WEBSITE is a technological platform owned by VALLFORMOSA where you can purchase your products on the aforementioned platform.

The owner of the WEBSITE reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of the present General Conditions and, in general, of any elements that make up the design and configuration of the Website.

3.2 Access to the WEBSITE and legal age.

3.2.1 Access to the WEBSITE is free, except for the cost of connection through the telecommunications network provided by the access provider contracted by the USER.

3.2.2. Since the contents and services of the WEBSITE are, among other products, about alcoholic beverages, access to it is only allowed to those of legal age in accordance with the regulations of their state of residence. Please, if you are a minor, please leave the WEBSITE immediately.

3.3. Need for registration.

3.3.1. In general, for access to the services and contents of the WEBSITE, it will not be necessary for the USER to register. However, the use of certain services and content may be subject to prior registration of the USER.

The data entered by the USER must be accurate, current and truthful at all times. The registered USER will be responsible at all times for the custody of his password, assuming in consequence any damages that may arise from its misuse, as well as the transfer, disclosure or loss of it. For this purpose, 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 responsible in all cases for said access and use.

3.3.3. By registering on our platform, you acquire the condition of user, client or commercial contact of VALLFORMOSA, so that, as indicated in our Privacy Policy, our firm is protected by the legitimate interest established in the European Data Protection Regulations and in the Law on Services for the Information Society and Electronic Commerce to send commercial electronic communications. In these emails you will be given the option to exercise your rights. Please read our Privacy Policy.

3.4. Rules of Use.

3.4.1. The User agrees to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions of Contract.

3.4.2. You also agree to make appropriate use of the services and / or content of the Website and not to use them for illegal activities or criminal, which violate the rights of others and / or violate the regulation on intellectual property, or any other rules of the applicable legal system.

3.4.3. The USER agrees not to transmit, introduce, disseminate and make available to third parties, any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to the law, morality, public order and these General Conditions. By way of illustration, and in no case limited or exclusive, the User agrees to:

I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, or advocacy of terrorism or that violate human rights or any that encourages the consumption of alcohol not responsible.

II.- Not to introduce or disseminate in the network data programs (virus and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.

III.- 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 by the Constitution and international treaties.

IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.

V.- Not to transmit unsolicited or authorized advertising, advertising material, "junk mail", "chain letters", "pyramid structures", or any other form of unsolicited sending, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.

VI. - Not to introduce or spread any false, ambiguous or inaccurate information and contents in a way that misleads the recipients of the information.

VII.- Not to impersonate other Users by using their registration keys to the different services and/or contents of the Website.

VIII.- 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.

IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and data protection legislation.

The User is obliged to keep VALLFORMOSA free from any possible claim, fine, penalty or sanction that he/she may be obliged to bear as a consequence of the User's non-compliance with any of the aforementioned rules of use, and VALLFORMOSA also reserves the right to request the corresponding compensation for damages.

3.5. Exclusion of liability.

3.5.1. The access of the USER to the WEBSITE does not imply for VALLFORMOSA the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the USER is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.

VALLFORMOSA is not responsible for any damage caused to the software and computer equipment of the USERS or third parties during the use of the services offered on the WEBSITE.

3.5.3 VALLFORMOSA is not responsible for damages of any kind caused to the USER due to failures or disconnections in the telecommunication networks that lead to the suspension, cancellation or interruption of the service of the WEBSITE during or before its provision.

3.6. Content and Services linked through the Website.

3.6.1. The service of access to the WEBSITE includes technical link devices, directories and even search tools that allow the USER to access other pages and Internet Portals (hereinafter, "Linked Sites"). In these cases, VALLFORMOSA will only be responsible for the contents and services provided in the Linked Sites insofar as 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 illicit or inadequate content, he or she may notify VALLFORMOSA of this, without this notification entailing any obligation to remove the corresponding link.

3.6.2. Under no circumstances should the existence of Linked Sites imply the formalization of agreements with the owners or managers of the sites, nor the recommendation, promotion or identification of VALLFORMOSA with the statements, contents or services provided.

VALLFORMOSA is not aware of the contents and services of the Linked Sites and, therefore, it is not responsible for the damages produced by the illegality, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites, nor for any other damage that is not directly attributable to VALLFORMOSA.

3.6.4. In the cases where the USER can access or be redirected to Linked Sites that allow the contracting of services and/or products, the USER knows and accepts that VALLFORMOSA acts as a mere intermediary facilitating such access, and therefore will not be responsible, neither indirectly nor subsidiarily, for damages of any nature derived from the free use and/or contracting of such services and products from third parties, as well as for the lack of legality, reliability, usefulness, veracity, accuracy, exhaustiveness and topicality of the same. As an example, and in no case limited to, VALLFORMOSA will not be responsible for damages of any nature derived from the defective compliance or non compliance of the contractual commitments acquired by third parties; the carrying out of acts of unfair competition and illegal publicity; the inadequacy and disappointment of the expectations of said services and products of third parties and the vices and defects of any kind that may occur in them.

4. CONDITIONS OF EMPLOYMENT

4.1. Formalization of the purchase

The procedure for purchasing products through the WEBSITE is as follows:

4.1.1. Start the process by pressing the "Buy" button next to each product.

4.1.2. Select the product units you wish to purchase. In the shopping cart itself, the USER must click on "Shipping information" to enter his shipping address for the correct reception of his order. Then, the button "place order" must be clicked.

4.2. In the case of having a discount coupon or gift, the USER must include it in the shopping cart in the link in the space provided for the introduction of the coupon ("I have a discount coupon"). In the event that the coupon is not introduced in this space and the order is placed without a discount, the USER will not be able to claim the application of this discount after the order has been confirmed.

In the section "your order", the USER will be able to see the name of the courier company that will deliver the order, the estimated delivery time and the cost of this service, which will be added to the total cost of the order. It is possible that for logistical reasons the courier company seen during the purchase process differs.

4.2.2. The USER must select one of the available payment methods that VALLFORMOSA makes available.

Finally, the USER must click on the button "Pay safely". The USER will receive confirmation of the acceptance of his/her order by means of an on-screen message and by e-mail to the account previously provided. All the products of the Website are sold according to the catalogs of VALLFORMOSA.

4.2.4. The USER assumes the responsibility for the correct and truthful introduction of the product delivery data, and VALLFORMOSA does not assume any responsibility in case the delivery cannot be made due to the inaccuracy or incorrectness of the data.

4.2.5. The description of the order is that included in the technical description of the product. Any discrepancy between the product purchased by the consumer and that published on the platform will be the responsibility of VALLFORMOSA.

4.2.6. In the case of payment by bank transfer, VALLFORMOSA cannot guarantee that the price of the product will be maintained beyond 48H and sufficient stock,

4.2.7. VALLFORMOSA offers on its platform to the USERS a service for the purchase of products for consumption whether they are individuals or companies. VALLFORMOSA does not give authorization for the resale of these purchases or documentation for this purpose. The USER is fully responsible for these actions releasing VALLFORMOSA from any responsibility before the resale of these products. If the users are legal entities, the consumer legislation will not be applicable to them, and by way of illustration but not limitation, rights such as the right of withdrawal will not be applicable to them.

5. Price.

5.1. All prices and taxes on the consumption of the products published on the WEBSITE have been indicated by VALLFORMOSA.

5.2. The prices will be indicated in euros and in the currency corresponding to the consumer's address. VALLFORMOSA will apply the currency conversion rules established by the market at any given time.

5.3. There may be a manifest error on the part of VALLFORMOSA when introducing the price of the product. In the event that the price differs significantly (50% or more difference over the retail price) and that it is not an offer, VALLFORMOSA reserves the right to cancel the order after notifying the USER without any cost to VALLFORMOSA.

5.4. Payments

5.4.1. The USER may pay for the purchases made through the means that VALLFORMOSA makes available on its WEBSITE as indicated in the section on the purchase process. In any case, these are systems that guarantee the security of the payment.

VALLFORMOSA reserves the right to use electronic payment methods from third parties and/or financial institutions to manage the payments made by the USERS through the WEBSITE, in collaboration with the suppliers of payment methods.

VALLFORMOSA does not have access to the bank details linked to the USERS' means of payment and does not know or record these details during the payment operation.

VALLFORMOSA reserves the right to reject or cancel, after informing the USER, at its own discretion, those orders in which there could be (i) obvious inaccuracies or errors in the product, (ii) obvious inaccuracies or errors in the pricing through the SITE or (iii) any suspicion of fraud or of having provided significant false, incomplete or inaccurate data by the USERS.

5.4.5. VALLFORMOSA reserves the right to request a copy by fax or email of the card used in the purchase and the User's identity card, bank statement, national identity card, passport or equivalent documentation to confirm the veracity of the data provided.

5.4.6. To proceed with the payment by bank transfer, the USER must make a transfer with the details that will appear in the order confirmation mail. This will indicate the account number to which the transfer must be made, the amount and the reference that must be attached to expedite the process of final acceptance of your order. The order will be processed once the full amount has been received and the period of delivery days communicated to the USER will start counting from the receipt of the full amount in the account. The order made by bank transfer is valid for 48 hours. Any payment made after that time may be subject to changes in product availability or prices.

5.4.7. If you pay by PayPal and if you have created a collection agreement with PayPal by checking the box "Remember PayPal details" and wish to cancel this agreement, you can do so by accessing your user account, from the section "My account -> Edit Profile" or by accessing your PayPal account and cancelling the agreement. The USER states that in this case their data is processed by PayPal.

5.4.8. VALLFORMOSA is not responsible if the delivery of an order to the USER is subject to special conditions and charges on the importation of alcoholic products, for example consumption taxes, resale or importation into the country of delivery of the order such as but not limited to Duties, Droits d'accise. It is the responsibility of the USER to inform himself and to process the necessary documents according to the legislation in force in the country of delivery for the import declaration of such products if that country differs from VALLFORMOSA. VALLFORMOSA will not assume the payment and processing of these taxes, being the USER responsible. In case of such a request and the USER does not accept the payment of these taxes, VALLFORMOSA will not refund the order to the USER.

5.5. Shipping and delivery costs.

5.5.1. The shipping costs of the USER'S orders will be assumed by the USER, unless expressly indicated otherwise.

VALLFORMOSA will indicate the price of the shipping costs in the order process; these costs must be approved by the USER before accepting the order, unless they are included in the price. VALLFORMOSA will indicate to the USER prior to the purchase process any additional costs incurred in the contracting process.

5.5.3. VALLFORMOSA will inform the CLIENT of the estimated delivery times of the order in the purchase process. The delivery times indicated in the order are only an estimate and refer to working days. VALLFORMOSA will manage the order placed by the USER within a maximum period of 48 working hours from the date of payment of the order, except in some specific cases where VALLFORMOSA specifies that additional days are necessary for the preparation of the order or for the purchase of the products. VALLFORMOSA is not responsible for any delays beyond the estimated delivery time. -> 5.5.4. It is the responsibility of the USER to check the order at the time of delivery and to carry out at that time all claims that it deems justified such as product breakage or lack of products. In the event that the USER does not indicate to the carrier at the time of delivery and in the relevant document (delivery note) any anomaly with the order received (breakages, lack of goods, wrong products) , VALLFORMOSA will not be responsible for any claims or costs arising from a subsequent claim. VALLFORMOSA may request photographs to confirm any claim made by the USER due to an incident in the delivery.

5.5.5. The delivery of orders will be made to the delivery address freely designated by the USER in the order form, provided that the address is included in the delivery areas included in the Platform. For this purpose, users are informed that there may be destinations that do not accept as a delivery address a post office box, in which case the user will be informed in advance of this circumstance and the order will be canceled unless the user can provide an alternative address in the same location. VALLFORMOSA will not assume any responsibility when the delivery of the product is not carried out as a result of the inaccuracy or falsity of the data provided by the USER for this purpose, as well as in the case that the delivery cannot be carried out due to causes beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.

5.5.6. The order will be delivered as soon as possible and, in any case, always before thirty (30) calendar days from the date of order confirmation. Although the approximate delivery time is stated in the order, VALLFORMOSA reserves the right to change this time, provided that the USER is informed beforehand. The delivery time indicated in the order is for information purposes only and is not contractual. Whenever the product has not been sent and/or the total delivery time from the date of payment of the order exceeds 30 calendar days, the USER may cancel the order without any cost and receive a refund.

5.5.7 Deliveries are made on working days (Monday to Friday) and during business hours (9 am to 7 pm). Unfortunately, no deliveries are offered on weekends or out of business hours and on weekends or holidays regardless of whether the USER requests these options in their order or in any communication to the VALLFORMOSA team.