General terms and conditions

GENERAL TERMS AND CONDITIONS OF USE AND CONTRACT

These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy and the Cookies Policy, access to and use of the website www.casapablo.es/tienda, as well as the contracting of products and/or services through it. Simple access to the Portal confers the status of Portal User (hereinafter, "the User") and implies acceptance of all the terms included in these General Conditions. If the User does not agree with these General Conditions, he/she must immediately leave the Portal without using it.

By accepting these General Terms and Conditions, the User declares:

That he/she has read, understands and comprehends what is set out herein.

That he/she is of legal age in accordance with the regulations in force in his/her place of residence, otherwise the minor must have the authorisation of his/her legal representatives.

That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.

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

The User must read these General Conditions carefully each time he/she accesses the Portal, as the Portal and these General Conditions may undergo modifications.

The owner of the Portal reserves the right to carry out, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of any elements that make up the design and configuration of the Portal.

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 Casa Pablo Vinos y Licores entrusts a trusted third party with the custody of successive versions of the General Conditions, both parties recognise that the only valid version of these conditions at any given time is the one that appears in the database of the trusted third party.

1. GENERAL INFORMATION ABOUT THE PORTAL

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

Owner: Casa Pablo Vinos y Licores S.L. (hereinafter, "CASA PABLO VINOS").

Registered Office: C/ Ramón Gómez de la Serna, 2 - 29602 MARBELLA, MÁLAGA - SPAIN

C.I.F.: B92729169

E-mail: online@casapablo.es/tienda

Telephone: 952 77 00 24

2. CONDITIONS OF USE

2.1. Access to the Portal

Access to the Portal is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

2.2. Necessity of 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 accurate, current and truthful. The registered User will be responsible at all times for the safekeeping of his/her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents carried out under the password of a registered User shall be deemed to have been carried out by said registered User, who shall be liable in all cases for said access and use.

2.3. Rules for use of the Portal

The User undertakes to use the Portal and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Portal and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system.

The User undertakes not to transmit, introduce, disseminate or 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 way limiting or excluding, the User undertakes to:

I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.

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

III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.

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

V.- Not to transmit unsolicited or unauthorised advertising, advertising 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 this purpose.

VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.

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

VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portal or to third parties.

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

The User undertakes to indemnify CASA PABLO VINOS against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the breach by the User of any of the rules of use indicated above, and CASA PABLO VINOS also reserves the right to request the corresponding compensation for damages.

On occasions, CASA PABLO VINOS will provide the User through its communications, such as the periodical bulletins, with a link that will allow him/her to access his/her personal account. Said access will be carried out through a unique and private address, so that the User will not need to enter his/her access codes to the Portal. Consequently, the User must treat the communications from CASA PABLO VINOS confidentially and refrain from forwarding them to third parties, in order to avoid unauthorised access to the private information of his/her account.

2.4. Exclusion of Responsibility

The access of the User to the Portal does not imply for CASA PABLO VINOS 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 programmes.

CASA PABLO VINOS is not responsible for the damages produced in the software and computer equipment of the Users or of third parties during the use of the services offered in the Portal.

CASA PABLO VINOS is not responsible for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Portal during the provision of the same or previously.

2.5. Contents and services linked through the Portal

The service of access to the Portal may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, "Linked Sites"). In these cases, CASA PABLO VINOS will only be responsible for the contents and services supplied in the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may inform CASA PABLO VINOS, without this communication in any case entailing the obligation to remove the corresponding link.

In no case shall the existence of Linked Sites presuppose the formalization of agreements with the responsible or owners of the same, nor the recommendation, promotion or identification of CASA PABLO VINOS with the statements, contents or services provided.

CASA PABLO VINOS does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the unlawfulness, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage not directly attributable to CASA PABLO VINOS.

2.6. Intellectual and industrial property

All the contents of the Portal, meaning, merely by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are the intellectual property of CASA PABLO VINOS or of third parties, and none of the exploitation rights recognised by the regulations in force on intellectual property matters on the same may be understood to have been granted to the User.

The trademarks, commercial names or distinctive signs are owned by CASA PABLO VINOS or third parties, without it being understood that access to the Portal attributes any right over them.

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

On all the comments freely hosted by the User in the Portal, whether or not they include an opinion or description of the products offered (hereinafter, "the Contents"), the User grants CASA PABLO VINOS, free of charge, a non-exclusive licence of use, of worldwide territoriality and with the maximum duration legally foreseen. On the basis of said licence, CASA PABLO VINOS may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of providing the services offered by CASA PABLO VINOS and advertising its products and services.

3. Contracting Conditions

3.1. User Registration

The use of the services provided by CASA PABLO VINOS implies the need for the User to register in the Portal.

The User must register by indicating his/her full name, e-mail address and may indicate the e-mail address of a sponsoring User. Once registration has been completed, a message will be sent to the designated email account with a link that the User must follow to confirm that he/she has access to it.

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

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

In the "My Account" section the User can view the gift vouchers available to him/her, download order invoices, make product reviews, check which favourite products have been added to the User's list and the possibility to cancel the account at any time by indicating a reason why he/she wishes to cancel the account.

3.2. Shipping conditions

CASA PABLO VINOS only ships its products to: Mainland Spain and Balearic Islands. It will not be possible to carry out the purchase process through the Portal to destinations other than those indicated. CASA PABLO VINOS does not ship products to the autonomous cities of Ceuta and Melilla or to the Canary Islands.

The purchase of products on the Portal is subject to the payment of shipping costs, to be paid by the buyer.

The shipping costs will depend on the destination and the total amount of products purchased according to the indicative table 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 finalising the purchase. CASA PABLO VINOS cannot be held responsible for delays in the delivery of orders due to causes not directly attributable to CASA PABLO VINOS, acts of God or force majeure.

The current delivery costs are:

Shipping costs to 4,90€ for the municipalities of Marbella, Ojén, Mijas Costa, Estepona and Benahavís.
Shipping costs at 7,90€ for mainland Spain (except the municipalities mentioned above).
Shipping costs at 12,90€ for Balearic Islands.

Free shipping costs on purchases over:

Amount over 50,00€ in the municipality of Marbella, CASA PABLO VINOS own delivery service.
Amount over 70,00€ in the municipalities of Ojén, Mijas Costa, Estepona and Benahavís, CASA PABLO VINOS own delivery service.
Amounts over 100,00€ in all orders to Spain, except Balearic Islands. In the case of the Balearic Islands, shipping costs are free from €200 of purchase.

Visit Delivery times and costs page.

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

Orders will be delivered to the delivery address freely designated by the user. CASA PABLO VINOS will not assume any responsibility when the delivery of the product does not take place as a consequence 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 take place for reasons beyond the control of CASA PABLO VINOS, such as the absence of the addressee at the delivery address.

In case of absence of the addressee and whenever possible, a note will be left with the necessary information to arrange a new delivery at the addressee's address or the necessary indications for the addressee to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without the order could not be delivered, it will be returned to origin proceeding to terminate the contract.

3.3. Casa Pablo WINE CLUB

The users who benefit from the Wine Club service are entitled to enjoy:

5% DISCOUNT on all products in the categories: Wines, Sparkling Wines and Distilled Wines.

For purchases made on our website, the 5% discount will be applied automatically from the day the subscription is confirmed by CASA PABLO VINOS via email.

For purchases made in our physical shop in Marbella, the discount amount is accumulated until a balance of 5€ in points is reached, at which point the discount coupon is issued for the total balance available, always in multiplies of 5. For every 100€ of purchase you receive 5€ in discount coupon.

Free shipping on purchases over 50€ in the municipality of Marbella, CASA PABLO VINOS own delivery service.

Free shipping costs on purchases over 100€ on all orders to Spain, except Balearic Islands. In the case of the Balearic Islands, shipping costs are free from €200 of purchase.

Exclusive offers and promotions reserved for users.

Free private tastings by invitation and discounts on our tastings and events.

Special gift on each birthday anniversary. The customer will be notified via SMS or email in order to benefit from their gift, provided that they have accepted the OPT-in and the GDPR in some of these communication channels.

Users subscribe to the WINE CLUB service free of charge. The subscription starts on the day of the email confirmation of their registration in the loyalty programme and has no expiry date. The annual renewal of the service will not be necessary, unless the user cancels the subscription, so he/she will have to join again when he/she wants to enjoy the advantages of the Club. The registration will be made at the web address https://clubdelvino.casapablo.es/tienda/registro-club-del-vino or in our physical shop in Marbella by means of a written form.

CASA PABLO VINOS may terminate a user's subscription to the service at any time. Said termination will be previously notified by email to the user.

3.4 General conditions and terms and conditions of use of our Club de Vinos loyalty card

1. The CLUB DE VINOS CASA PABLO card is the property of CASA PABLO VINOS Y LICORES, S.L. and will be issued personally and non-transferable in the name of the cardholder. The carrying out of transactions using the card will require the identification of the cardholder by means of his/her ID card.

2. The use of the CLUB DE VINOS CASA PABLO card is for the exclusive use of private customers with PVP shop. It is not available for customers with special rates or corporate or HORECA customers.

3. The CLUB DE VINOS CASA PABLO loyalty card is not a payment or credit card, nor will the credit be exchanged for cash. It is essential to present it at the time of purchase in order to be able to assign the corresponding points.

4. Promotions or discounts cannot be accumulated with each other in any case.

5. The accumulated points will expire twelve months after they have been obtained.

6. In the event of theft or loss, the holder of this card must notify us immediately so that it can be cancelled, thus avoiding any fraudulent use of the card.

7. In the event of non-compliance with the aforementioned rules, CASA PABLO VINOS Y LICORES, S.L. will have the right to withdraw the benefits of use of this card.

8. The conversion when redeeming points in euros may be modified at the discretion of CASA PABLO VINOS Y LICORES, S.L.

3.5. Returns

The customer has the right to return a defective product, whether the defect affects its content (corked wine or other defect) or its exterior (damage to labels, capsules or other decorative elements). Furthermore, CASA PABLO VINOS offers an additional guarantee to the User, on the basis of which the User has the possibility of returning the different units of a product purchased if, on trying a unit of the product, it has a defect.

Both problems must be reported, the User has a period of (30) calendar days from receipt of the products to request the return of the products, sending an email to online@casapablo.es/tienda and specifying "Return" as the subject. The User must state the order number and the products he/she wishes to return, as well as photos of the bottled product showing its defect(s).

CASA PABLO VINOS will inform the customer as soon as possible, and always within 3 working days, whether the products will be collected or not, either to verify the defect or to present it to the producer for analysis or complaint. Until a reply is received, the customer must keep the bottle, with a minimum of 3/4 of its contents and capped with its original cork if it has been opened.

The products marketed through this website have the guarantees offered by their producers. In those incidents that justify the use of the guarantee, we will opt for the repair, replacement of the article, discount or refund, in the legally established terms.

In the case of additional units of the product to be returned, the User must return the units that have not been tasted in perfect condition (not damaged, soiled or opened by the User), correctly protected and, ideally, in their original packaging. Products not in their original packaging may be subject to depreciation. For products with a limited edition box or case, returns will not be accepted without the original box.

After verification by CASA PABLO VINOS of the good condition of the products, the amount corresponding to the units returned will be reimbursed within a maximum period of 10 calendar days using the same means of payment used by the User for the initial purchase. This guarantee does not extend to the return transport costs, which will be borne by the User.

3.6. Gift Card conditions

Gift Cards allow the amount to be redeemed when making a purchase of products through the Portal.

The Users will be able to obtain a Gift Card by making a purchase through the Portal and for the amounts predefined by CASA PABLO VINOS. Each Gift Card includes a unique promotional code that the User must apply during the processing of his/her order in order to benefit from the corresponding discount on his/her purchase.

The Gift Cards may be redeemed by any person who enters the code associated with them in the Portal, so we advise you to treat them confidentially and not to provide the codes to third parties other than the beneficiaries. CASA PABLO VINOS assumes no responsibility for the misuse of the Gift Card resulting from an action or omission of the User.

Gift Cards have no expiry date and cannot be exchanged for money. In any case, the Gift Cards purchased may be subject to the right of withdrawal by the purchasing User, as described in section 3.14.

Products purchased in exchange for a Gift Card shall also be subject to the rights described in these conditions, such as, but not limited to, the right of withdrawal and the right of guarantee.

3.7. Selection of products by the User

Any registered User will be able to contract the purchase of products through the Portal.

The purchase process in CASA PABLO VINOS is based on a virtual basket, to which the User can add the products he/she wishes to purchase.

To add products to the shopping basket, once the User is on the product description page and has selected the available personalisation options, he/she must select the option "Add to basket" provided.

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

3.8. Processing the order

Once the products that the User wishes to purchase are in the shopping basket, the User may begin to process the order by selecting the option "View my basket", an option that will show the User the contents of the virtual basket, allowing the selected products to be modified and removed from the shopping basket.

The User must ensure that the products shown on the screen are the ones he/she wishes to purchase and select from the geographical areas listed the one corresponding to the delivery address. At this point, the total price of the products selected and the shipping costs generated are shown. Also in this section, the User will be able to view, if applicable, the promotions automatically applied to their order, use the promotional codes and/or gift vouchers available to them.

By clicking on "PROCEED TO PURCHASE", the User accesses a panel where he/she must indicate the delivery details; to continue with the contracting process, the User must fill in the delivery information, including his/her full name, telephone number and address, filling in all the fields marked as obligatory. In this section the User may include any useful information that he/she considers necessary for the courier, although CASA PABLO VINOS cannot guarantee its fulfilment.

If the User wishes the billing address to be different from the delivery address, he/she must tick the box "The billing address is different from the delivery address" and fill in the corresponding information. In this same section, the User can add a message for the recipient, especially indicated in the case of gifts.

In the next phase of the purchase process, the User must select the method of payment. At this point, the User is again informed of the exact amount to be paid, resulting from adding the price of the products and the shipping costs, net of any promotional discount and/or gift voucher.

By following the link "CONTINUE PAYMENT", the User will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an e-mail to the User confirming the operation.

3.9. Price of the products

The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).

3.10. Method of payment

The purchase of products through the CASA PABLO VINOS Gateway allows the following forms of payment:

- Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.

- Payment by bank transfer.

- Cash on delivery payment only available for Marbella where own delivery is made.

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

CASA PABLO VINOS does not have access to the bank details linked to the means of payment and does not know or register these details during the payment operation.

3.11. Confirmation of receipt of acceptance

Once the purchase process has been completed, the User will receive, at the e-mail address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, date of contracting, order number and delivery date. Likewise, a permanent link to the present contracting conditions will be sent to the e-mail address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to CASA PABLO VINOS or to any third party designated for registration and version control, if applicable.

3.12. Right of withdrawal.

The purchaser shall in any case have a period of fourteen (14) calendar days after receipt of the Product to exercise their right of withdrawal without having to justify reasons or incur any penalty.

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

The purchaser must declare his intention to withdraw within the specified period and must return the product. He/she may also use the model return form available here in Contact. Users may also send an e-mail to online@casapablo.es/tienda including their name and address, as well as their order number. You may also contact us by telephone in order to speed up the process of returning the corresponding amounts.

CASA PABLO VINOS will reimburse the sums paid by the User without retaining any expenses. However, the cost of returning the product will be charged to the User.

Once the products to which the cancellation applies have been received and their correct condition has been verified, CASA PABLO VINOS will return to the User the sums paid within a maximum period of 14 calendar days. Products that do not keep their original packaging may suffer a depreciation.

4. Nullity and ineffectiveness of clauses

If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or that part of it which is null and void or ineffective, and these General Conditions shall remain in force in all other respects, and such provision shall be considered totally or partially as not included.

5. Applicable law and competent jurisdiction

In accordance with EU Regulation N°524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes with us accessible via the Internet address https://ec.europa.eu/consumers/odr/.

These General Terms and Conditions shall be governed by and construed in accordance with Spanish law. CASA PABLO VINOS and the User agree to submit any controversy that may arise from the provision of the products or services object of these General Conditions to the Courts and Tribunals corresponding to the User's domicile.