Amador García
Terms of use

CONDITIONS OF USE OF THE WEB SITE

You can also download them in PDF format

1. Introduction

1.a. We invite you to review the general conditions governing the supply and sale of products of Bodegas Amador García S.L. through the online store www.bodegasamadorgarcia.com as well as the use of the site. By using this website you are bound by these Conditions, Privacy Policy and Legal Notice, so we recommend that you read these Conditions carefully.

1.b. The purpose of these General Conditions, together with any Special Conditions that may be established, is to regulate both the provision of information and the commercial relations that may arise between BODEGAS AMADOR GARCIA S.L., with NIF B01509413 and address at Avenida del Ebro 68/70, 01307, Baños de Ebro (Álava, registered in the Commercial Register of Álava, volume 1531 general, book 0, folio 83 page VI 16395, entry 1 and third parties (hereinafter 'Users') who use the Internet portal 'www.bodegasamadorgarcia.com' (hereinafter the 'Portal') owned by Bodegas Amador García.

1.c. These General Conditions have been drawn up in accordance with the provisions of the following regulations:

Ley 7/1998 sobre Condiciones Generales de la contratación.

  • Law 7/1998 on General Contracting Conditions.
  • Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998.
  • Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
  • Law 7/1996 on the Regulation of Retail Trade.
  • Royal Decree-Law 14/1999 regulating the Electronic Signature.
  • Law 34/2002 of July 11, 2002 on Information Society Services and Electronic Commerce.

All other applicable legal provisions.

1.d. By the mere navigation and / or use of the Portal you acquire the condition of User of the same. The navigation through the Portal, the use of the same and / or the acquisition of any of its products (hereinafter 'the Products'), means your acceptance, as a User, without reservations of any kind, each and every one of the General Conditions, as well as the Special Conditions governing the acquisition of the Products.

1.e. Bodegas Amador García may at any time and without notice, modify the presentation and configuration of the Portal, as well as these General Conditions or, where appropriate, the Special Conditions and introduce new conditions of use. Such modifications will be published on the corresponding site of the Portal so that the User can know them before proceeding with their use. The use of the Portal once the General Conditions have been modified or, if applicable, the Particular Conditions that were applicable, will mean the acceptance of said User of the General or Particular Conditions thus modified.

2. Users

2.1. Registration and Access.

Not applicable in the new bodegasamadorgarcia.com portal.

3. Purchasing System

3.1. Offer

3.1.a. Bodegas Amador García reserves the right to decide, at any time, the Products that are contained, offered, or made accessible to Users through the Portal. In particular, it may at any time add new Products to those included in the Portal, it being understood that unless otherwise provided, such new Products shall be governed by the provisions of the General Conditions in force at that time. Also, Bodegas Amador García reserves the right to stop providing access at any time and without notice to any of the Products that make up the Portal.

3.1.b. The Products offered on the Portal, along with its features and price will appear on screen, will be displayed in euros, including VAT and apply only in the territory of Spain (except typing error). Bodegas Amador Garcia will retain any order with delivery address located outside this country, and will contact the User providing appropriate information regarding the particularities of distribution in the country of destination. Bodegas Amador Garcia reserves the right to modify the prices shown on the Portal without prior notice.

3.1.c. Also will be detailed in the Portal the shipping costs to destination with VAT included, provided that the delivery address is within the Spanish peninsular territory. For shipments to the Balearic Islands, Canary Islands, Ceuta and Melilla, Bodegas Amador García will contact the user to inform the specific cost of the service for those destinations. For any order, and except otherwise indicated by Bodegas Amador García, shipping costs shall be borne by the User.

3.1.d. The availability of the products offered by Bodegas Amador García on the Portal is subject to stock limits. If any product is not available once the order has been placed, the User will be informed as soon as possible, and may choose to modify or cancel the order 3.1.e.

3.2. How to make the Purchase

3.2.a. To proceed with the purchase of Products, you must add the Product you wish to purchase by following the instructions on the screen, completing for this purpose the order form provided and sending it to Bodegas Amador García by 'clicking' on the button called 'Send', which implies the reading and irrevocable acceptance of each and every one of these General Conditions, as well as, where appropriate, of the existing Special Conditions. The purchase will be understood to have been made at the address of the winery, located at Avenida del Ebro 68-70 in Baños de Ebro.

3.2.b. Bodegas Amador García will contact the User within 48 working hours by email to confirm acceptance of the order.

3.2.c. The order confirmation sent by Bodegas Amador García is not valid as an invoice, only as proof of purchase. Once the purchase has been made and in the shortest possible time, always before thirty (30) days after the execution of the purchase, the Customer Service Department of Bodegas Amador García will send to the buyer User to the address indicated on the form the corresponding invoice, for which it is necessary that the User provides his CIF or NIF in the corresponding order.

3.2.d.Purchasing Instructions

The User will be able to access the Products through the following ways: The general catalog of the Portal. Featured links or promotions in the Portal (for example, in each of the wines). Once the Products are accessed, they appear on the screen, showing the most relevant information. The User will be able to expand the information and know the characteristics of each Product by clicking on it (general information, tasting notes, vintage data, varieties, image, formats and P.V.P.). When the User wishes to purchase a Product, he/she must select the quantity in the drop-down button and click on the 'Add to basket' button of the specific Product. Also, it will be able to visualize at any moment the state of the same one doing `click' in the option `View shopping basket'. Once a Product has been added to the shopping cart, the User will be able to continue adding new Products by clicking on the option 'Continue looking at products', as explained in the previous paragraph. Once the insertion of Products in the shopping cart has been completed, the User must 'click' on the option 'Place order'. At that moment, the User must identify himself/herself (if he/she has not registered before), either by entering his/her Username and password (in case he/she is already a customer of the online store), or by registering as a new User of the store, if it is the first time that the User buys from the store. In this case, the User will have to fill in a simple form to be assigned his/her Username and password. The User will be able to modify the delivery address if it does not coincide with the address introduced when registering as a user, for the shipment of the order that is being processed. It will be able to add observations to the order and will have to accept the obligatory form of the conditions of purchase. Finally, the User will select the payment method that interests him/her, either by bank transfer, PayPal gateway or debit/credit card. In the latter case, the Portal has an online payment system, which offers the usual guarantees in the market.

3.3. Payment Methods

3.3.a PayPal gateway: following the instructions on the screen.

3.3.b. Credit card VISA, MASTERCARD MAESTRO, AMEX and 6000 card, following the instructions that appear on the screen and providing the following data:

  • Card number.
  • Expiration date.
  • CVV2 or CVC2 code of the card.

Bodegas Amador García guarantees that each of the transactions made on the Portal in relation to the Services directly provided by itself, is 100% secure. All operations involving the transmission of personal or banking data are performed using a secure environment. Likewise, credit card data is not recorded in any database, but goes directly to the POS (Point of Sale Terminal of the Bank). Credit card fraud is a crime, and Bodegas Amador García will take legal action against anyone who makes a fraudulent transaction through the Portal.

3.4. Shipping and delivery method

3.4.a. Bodegas Amador García is obliged to deliver the goods purchased by the User, at the address provided by the User for this purpose in the order form. In case of omission or error in the completion of such data, Bodegas Amador Garcia is not responsible for the inconvenience caused and the costs of forwarding derived shall be borne by the User. Under no circumstances will shipments be made to post office boxes and locutorios.

3.4.b. Shipments will be made only within the territory of Spain, through a courier company. Bodegas Amador García reserves the right to vary the type of shipment and the company by which it is made, regardless of what is stated in these pages and provided that it does not involve a manifest prejudice to the User.

3.4.c. The order placed by the User will be delivered at destination within a maximum period of five (5) working days for mainland destinations and seven (7) working days in other destinations, from the payment of the purchase, except for orders paid by bank transfer in which case the period will be computed from the issuance via email confirmation of receipt of payment in the account of Bodegas Amador García.

3.4.d. In the event that force majeure does not allow delivery of the order within the deadline, Bodegas Amador Garcia undertakes to inform the User as soon as possible of the new expected delivery date, being Bodegas Amador García, in this case, released from the commitment indicated in the previous paragraph.

3.4.e. If the courier company is unable to make the delivery because it cannot find a person to receive the shipment at the indicated destination, the courier company itself will provide instructions to the User to arrange a new delivery date.

3.4.f. At the time of receipt, the User must check that the order matches the quantity and type of product requested. If there is any discrepancy, the user must follow the instructions in section 3.5.b. of these Conditions.

3.5. Withdrawal, Return and Replacement

3.5.a. Withdrawal

The User has the right to withdraw from the order he/she has placed, within seven (7) calendar days from the date of receipt of the Product, without it being necessary to provide reasons or explanations for the withdrawal. It is understood that the buyer has known the right of withdrawal, from the entry into the Portal, which requires the reading and acceptance of these General Conditions, and in any case from the time the order is placed.

The way to proceed in case of withdrawal will be as follows:

  • The User will communicate its decision to Bodegas Amador García by email to pilar@bodegasamadorgarcia.com or by fax to 945 290 385 indicating their personal data and order number, so that there is a record of the withdrawal.
  • Upon receipt of the relevant notification, Bodegas Amador García will contact the User again, within a maximum period of 48 working hours, in order to manage the withdrawal of the Products, which must be returned complete, in its original packaging and packaging and in perfect condition.
  • Upon receipt of the Products and the relevant checks, Bodegas Amador García will proceed to refund the amount paid, excluding the costs of transport delivery and withdrawal, through the same payment system used by the User for the purchase, immediately and never in a period exceeding thirty (30) calendar days from receipt of the Products.
  • The right of withdrawal may not be exercised in the event that the Product is not returned complete, in its original packaging or is not in perfect condition.

3.5.b. Delivery error

Upon receipt of the order, the User must check that the Products delivered match those of the order placed, otherwise it will proceed as follows:

  • 1 - In the event that the Products coincide with those reflected in the delivery note, but not with those of the order placed and confirmed by Bodegas Amador García: the User shall have a maximum period of fifteen (15) calendar days from receipt of the order to communicate the incident to Bodegas Amador García via email pilar@bodegasamadorgarcia.com or by fax to 945 290 385, indicating your personal data and order number.

    After this period, it will be understood that the delivery is accepted and compliant. In the event that the value of the goods delivered is higher than the order placed, Bodegas Amador García will proceed to claim the difference in the amount, taking, if necessary, appropriate legal action.

    Upon noticing the incident, or receive notification thereof by the User, Bodegas Amador García will contact the latter, within a maximum period of 48 working hours, in order to manage the withdrawal and / or replacement of Products as soon as possible.

  • 2 - If the Products delivered do not match those reflected in the delivery note:

    The User must expressly reflect the incident on the delivery note of the carrier and immediately contact Bodegas Amador Garcia via email pilar@bodegasamadorgarcia.com or by fax to 945 290 373, indicating your personal data and order number.

    Upon receipt of the relevant notification, Bodegas Amador García will contact the User again, within a maximum period of 48 working hours, in order to manage the withdrawal and / or replacement of the Products as soon as possible.

3.5.c. Manifest Defect

Bodegas Amador García guarantees that all the Products offered on the Portal have been produced under the quality controls established by the Rioja Qualified Designation of Origin and complementary regulations. However, the unique nature of the characteristics of some Products may alter their intrinsic qualities at the time of being enjoyed by the User.

In case of detection of a defective Product, Bodegas Amador García will admit the return of the same according to the following terms:

  • The User will have a maximum period of thirty (30) calendar days from receipt of the order to communicate the incident to Bodegas Amador Garcia via email pilar@bodegasamadorgarcia.com or by fax to 945 290 373, indicating your personal data and order number.
  • Upon receipt of the relevant notification, Bodegas Amador García will contact the User again in order to collect all necessary and possible data on the incident and manage the withdrawal of the Product, which must be returned complete, at least in its three quarters, in its original packaging, its bottle and in packaging suitable for transport.
  • Upon receipt of the product, Bodegas Amador García will carry out the relevant analysis and tests to detect the causes of the deterioration of the product.
  • If it is determined that such deterioration has not been caused by causes attributable to the User, Bodegas Amador García will proceed to refund the value of the Product, by the same means used for payment, or the replacement of the same as soon as possible, always within a period not exceeding thirty (30) calendar days from receipt of the Product.

3.5.d. Breakage or Serious Damage

At the time of delivery of the order to the User by the carrier, the carrier shall check that the packaging is not deteriorated or damaged to such an extent that it may have affected the contents. If this is the case, the User shall proceed as follows:

  • The User shall check in the presence of the carrier the integrity of the Products delivered.
  • In case of breakage or serious damage in part or all of the Products, you should reflect it on the delivery note and immediately contact Bodegas Amador Garcia via email pilar@bodegasamadorgarcia.com or by phone at 945 290 385, indicating your personal data, the order number and the broken or damaged Products.
  • Once notified of the incident, Bodegas Amador Garcia will proceed to the replacement of all affected products as soon as possible, always before fifteen (15) calendar days, and at no additional cost to the User.

3.6. Warranty, Liability and After-Sale

3.6.a. All Products displayed on the Portal are guaranteed under the terms provided in Law 23/2003 of July 10, 2003, on Guarantees in the Sale of Consumer Goods.

3.6.b. The User acquires ownership of the Products upon full payment of all amounts, including shipping costs. Responsibility for the Products shall pass to the User upon delivery of the order placed.

3.6.c. The delivery note issued by Bodegas Amador García is valid as a guarantee in case of claims for possible incidents (damaged Product, wrong or other cause for claim).

3.6.d. Defects in the Products that were due to handling, misuse of the same by the User or third parties, and in general when these were attributable to the User, will be EXCLUDED from the warranty.

3.6.e. Bodegas Amador García has a Customer Service to solve any problem regarding the Products or shipments, through which attention is offered to users and which can be contacted via email pilar@bodegasamadorgarcia.com, telephone 945 290 385 or fax 945 290 373.

4. Complaints

In accordance with art. 1 of RD 5/1997 January 14, there are available to our customers, complaint forms in the offices of the company.

5. Applicable Law and Jurisdiction

The law applicable to these Conditions shall be Spanish law. Also, unless expressly prohibited by law, for the resolution of all disputes arising from these General Conditions relating to the purchase of products or the Privacy Policy, the parties agree to submit to the jurisdiction of the Courts and Tribunals of Vitoria, expressly waiving any other jurisdiction that may correspond to them.