1.1 These terms and conditions for business, together with any further terms and conditions that may be mutually established, will expressly govern any and all relations between MasTinell, located at km .5 on the highway between Vilafranca del Penedes and St. Martí Sarroca (postal code 08720 Vilafranca del Penedes) and holding Spanish tax identification number B-62202312 (henceforth referred to as MasTinell) and third parties (henceforth referred to as ‘Users’) of the Internet portal www.MasTinell.com (henceforth referred to as ‘the Portal’), as well as any third parties who contractually purchase the products offered by the same.
MasTinell reserves the right to unilaterally modify the presentation and configuration of this Portal at any time without prior notice.
1.2 These General Conditions have been drawn up in accordance with the provisions of Law 7/1998 on General Contract Terms and Conditions, Royal Decree 1906/1999, which regulates telephone and electronic contracting terms in the implementation of article 5.3 of Law 7/1998, Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 for Retail Trade, and Royal Decree Law 14/1999, which regulates electronic signatures, and any other legal provisions that may be applicable.
1.3 By using the MasTinell Portal, You acquire the status of User. Browsing, using and/or purchasing any products offered on this Portal signifies unconditional acceptance as a User without reservations of any kind to each and every one of the General Terms and Conditions, and, when appropriate, to the Special Terms and Conditions that govern the purchase.
1.4 MasTinell reserves the right to modify these General Terms and Conditions at any time without prior notice by posting such modifications on the Portal and thus making Users aware thereof before browsing the Portal or purchasing any goods offered on the Portal.
2.1 The products offered through the Portal, along with their characteristics and prices shall appear on the screen. The delivery costs shall also appear on the screen, and shall always be the responsibility of the buyer. These Products will be available for sale while stocks last. Prices shown on the screen will be in euros and will not include VAT or any other tax that may be applicable and will be deemed to be valid except in the case of a typing error.
Offers shall be duly indicated on the Portal. MasTinell reserves the right to decide, at any given moment, the products included and offered through its Portal. MasTinell may at any time add new products to the Portal, which will be governed by the provisions of the Terms and Conditions applicable at that time unless otherwise stated. Furthermore, MasTinell reserves the right to deny access at any time and without prior knowledge to any of the products offered on the Portal.
2.2 Should individuals wish to purchase items from this Portal, MasTinell will require that they register as Users. Individuals must be eighteen (18 years) or older to register as Users and must follow the instructions shown on the screen, which include the following steps:
- All instructions that appear on the screen must be followed and all indicated fields in the digital form must be filled.
- Person registering must click on the ‘Accept’ button.
- Confirmation of registration will be sent to the email address corresponding to the User’s ‘User Name’ and ‘Password’.
User names and passwords are personal and are non-transferable. With adequate prior notice, MasTinell can effect changes to user names and/or passwords, in which case prior names and passwords will no longer be valid.
2.3 To purchase products once You have registered as a User, You must add the selected product to your shopping cart, follow the instructions that appear on the screen to complete your order and send it to MasTinell. Doing so implies that You have read and accepted all these General Terms and Conditions, and when applicable, any Special Terms and Conditions. The purchase is deemed to be completed at the address of MasTinell, located at km 0.5 on the highway between Vilafranca del Penedès and St.Martí Sarroca, km.0.5, 08720 Vilafranca del Penedès.
2.4 Once the purchase has been completed, and in the shortest time possible, always within thirty (30) days of the purchase, the Customer Service Department of MasTinell shall send the User/Buyer the corresponding invoice to the address provided. The order confirmation sent by MasTinell does not serve as an invoice, but merely as a proof of purchase.
3.1 The price of goods purchased and delivery charges, which shall appear on the screen, shall be paid by credit card. To complete payment, the User must follow the instructions that appear on the screen, providing the following information:
- Credit card number
- Expiry date
MasTinell uses the La Caixa e-commerce payment gateway as a payment system. All data provided for this purpose is encrypted under SSL (Secure Socket Layers) protocol to ensure its maximum security.
3.2 MasTinell will send goods purchased by the User to the address stipulated by him/her on the order form (goods will not be delivered to post office boxes addresses or cybercafés) in the shortest possible time, but always within a period of thirty (39) calendar days of the date of the order. The delivery charges of the purchased goods will be paid by the Buyer.
3.3 The User/Buyer will have a period of seven (7) working days, according to the official calendar of his or her place of residence to cancel the sale without incurring any penalty or charge, including costs incurred in returning the merchandise. The period of seven days prescribed in the preceding paragraph will commence upon the buyer’s receipt of the purchased merchandise.
Nevertheless, if the buyer has no knowledge of the right cancellation until after the date of receipt, the seven-day period will from the date on which he or she is informed of his/her right to return the purchased merchandise at his/her own cost. Either way, it is understood that the buyer was aware of the right of cancellation by visiting the Portal, which requires the User to read and accept these General Terms and Conditions and at all times from the moment at which he/she placed the order.
Returned merchandise should be sent to MasTinell, km. 0.5 of the highway between Vilafranca del Penedès and St. Martí Sarroca, 08720, Vilafranca del Penedès.
Pursuant to the buyer’s right to return goods, MasTinell shall refund the full amount received immediately with a period not to exceed thirty days. Nevertheless, the right of withdrawal (cancellation) is excluded in cases in which this is possible owing to the nature of the content of the services, notwithstanding any claim for damages incurred.
4.1 For the purposes of the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data, MasTinell informs the User of the existence of an automated personal data file created with data obtained on this Portal by and for MasTinell and under its responsibility in order to inform Users about purposes and the marketing of products offered on the Portal, as well as to conduct promotional and advertising activities that may be of interest to you, expand and improve our products by adapting our offers to your preferences and needs, and to enable personalized navigation.
4.2 The User expressly agrees to the inclusion of data collected while browsing the Portal, or provided through the completion of any form, including those arising from the commercial relationship and / or delivery of products purchased in the automated personal data file referred to in the first paragraph. During data collection process, the User shall be informed of the mandatory or optional collection of such data for the delivery of the Products, except in the case when MasTinell informs the User that it shall not thereon be considered as optional, thus to complete the purchase order it shall be necessary to provide data concerning personal identity, address and credit card number, as this data is required to complete and finalise the sale.
4.3 The User may exercise, in relation to data gathered in the manner stipulated in the preceding paragraph, the rights recognised in Organic Law 15/1999, and in particular, the rights of access, rectification, deletion or opposition to the data, if necessary and the withdrawal of consent to cede such data. The User may exercise these aforementioned rights by sending a signed request in writing to the following address: MasTinell SELECCIÓN, S.A., Customer Service Department, calle José Ortega y Gasset, 16, 28006 Madrid or by sending an email to firstname.lastname@example.org.
4.4 By accepting these terms and conditions, the User expressly consents to the transfer or communication of data in the file referred to in section 4.1 of this document to the MasTinell group of companies, within Spain or outside of Spain, including, and in the latter case, companies operating under jurisdictions that may not offer a level of protection comparable to that provided by Spanish law, in order that these companies can treat their personal data to send Users offers and advertising messages.
4.5 MasTinell undertakes, in using the data included in this file, to respect user confidentiality and to use said data in accordance with the purpose of the file, and to comply with its obligation to save and to take all measures necessary to avoid its alteration, loss, treatment or unauthorised access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 994/1999 of 11 July.
5.1 All content displayed on the Portal and, in particular, designs, text, images, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs susceptible to industrial and commercial use, are subject to the intellectual and industrial property rights of MasTinell or those of third party owners who have authorised their inclusion on the Portal.
5.2 Under no circumstances shall a licence be granted or a waiver, transfer, sale of all or part of such rights be carried out, nor shall any rights be conferred, in particular, for the alteration, exploitation, reproduction, distribution or public communication of the contents without the prior express permission of MasTinell or the titleholders concerned.
5.3 Links from any other site cannot be established to www.mastinell.es without the express prior consent of MasTinell.
6.1 MasTinell s.l. shall only be held liable for damages that the User may suffer from using the Portal when such damages are attributable to wilful misconduct on the part of MasTinell. The User hereby acknowledges and agrees that the use of the Portal and the purchase of products is entirely their own responsibility and that they use said Portal at own risk.
6.2 MasTinell s.l. shall not be liable for any damages including, but not limited to:
- Those that may be caused by inferences, omissions, interruptions, computer virus, faults and/or disconnections in the operation of the electronic system or the appliances and computers of the Users due to causes unrelated to MasTinell, that prevent or delay the execution of orders or navigation on the Portal;
- Those that may be caused by delays or downtime in use caused by defects or by overloading of the Internet or other electronic systems;
- Those that may be caused by third parties through illegal interferences beyond the control of the Portal and which are not attributable to MasTinell;
- Those that may be caused by differences in the information, documentation or other contents of the Portal that may exist between the electronic and printed version;
- Those that may be caused by service or access not being possible for reasons not attributable to MasTinell, due to the User, third parties or force majeure.
6.3 MasTinell does not generally control the use that Users make of the service.
Specifically, MasTinell does not under any circumstances guarantee that Users make use of the Service in accordance with the law, General Terms and Conditions, moral and generally accepted good practices and public order, nor that they do so in a diligent and prudent manner.
7.1 In general, the User undertakes to comply with these Terms and Conditions and to comply with the special warnings or instructions contained therein and always act pursuant to the law, good practices and the requirements of good faith, applying the diligence appropriate to the service enjoyed and refraining from using the Portal in any way that may impede, damage or impair the normal functioning of the same, the goods and rights of MasTinell, its suppliers, other Users or, in general, any third party.
7.2 Specifically, and without implying any restrictions on the obligation assumed by the User in accordance with the preceding paragraph, the User agrees to the following, in relation to the use of the Portal and the purchase of Products:
- When registering, the User accepts the responsibility to provide true and accurate information and keep it updated.
- Not to enter, store or transmit any material that could be considered defamatory, injurious, obscene, threatening, xenophobic, or that could provoke violence or racial, sexual, ideological or religious discrimination, or that is in any manner contrary to the public order, fundamental rights, public freedoms, honour, privacy or the image of third parties or, in general, to any current legislation.
- Not to enter, store or transmit through the Portal any computer program, data virus, code, hardware, telecommunication equipment or any other electronic or physical tool or device that may cause damage to the Portal, any of the services, or the equipment, systems or networks owned by MasTinell, any User, or any general third party, or that may in any other way be capable of causing any type of alteration or prevent their normal functioning.
- To be responsible for the security of his/her user name and password as elements that serve to identify Users and facilitate the purchase of products, refrain from ceding their use or facilitating access to third parties and assume responsibility for damages that may arise from the inappropriate use of them. Likewise, the User agrees to communicate their loss or theft or any other risk of unauthorized access to a user name and/or password to MasTinell.
- Not to carry out advertising, publicity or commercial activities through the Portal, nor to use the contents, and especially, the information obtained through the Portal for the purposes of sending direct sales or any other form of commercial messages, nor to use the Portal to collect or store the personal data of third parties.
- Not to use false identities, nor to impersonate any other person in the use of this Portal or in the use or purchase of any Products, including the use of passwords or access keys of a third party or in any other form.
- Not to destroy, alter, disable or damage the data, information, programs or electronic documents of MasTinell, its suppliers or third parties.
- Not to enter, store or transmit through the Portal any content that infringes on intellectual, industrial property copyrights or discloses company secrets of third parties, or, in general, any content that he/she does not have the right, according to law, to transmit to third parties.
For the purposes of these General Terms and Conditions, and for any communication deemed necessary between MasTinell and the User, enquiries should be directed to the Customer Service Department of MasTinell by email (to email@example.com) or in writing to Customer Service Department, MasTinell ESPAÑA SELECCION S.L.U. calle Ortega y Gasset, 16, 28006 Madrid. All communications from MasTinell to the User will be issued on the basis of data provided by the User at the time of registration.
9.1 This agreement shall be governed by Spanish law, which shall be applied to terms and conditions not covered in this agreement regarding matters of interpretation, validity and execution.
9.2 In the event of any discrepancies and claims between the parties regarding fulfilment or the content of the General Terms and Conditions, the parties will negotiate in good faith to attempt to resolve such discrepancies or claims within a maximum period of one (1) month from the date on which either party formally notifies the other of such discrepancy or claim.
In the event that the discrepancy or claim is not resolved within the stated time limit, the parties expressly waive any privilege that might correspond to them and submit to the decision handed down by the Spanish Association of Technological Arbitration (ARBITEC), which is entrusted with the administration of arbitration and the appointment of arbitrators in accordance with its Rules and Regulations.
Likewise, the parties shall agree to accept and abide by the decision made in the arbitration award. If the arbitration is not by mutual agreement or is declared void, both parties shall submit to the Courts of Madrid, waiving their own jurisdiction, where applicable.
CAVES AND WINES MASTINELL
INNOVATION, CRATIVITY AND TRADITION