Purchase Terms & Conditions

To process an order on CERVECERA ARTESANA FUNDADA EN 2012 SL online shop it is imperative to accept the following terms and conditions:

1. IDENTIFICATION

These General Terms & Conditions are applicable to all business transactions carried out through www.cervezaceriux.com, owned by

CERVECERA ARTESANA FUNDADA EN 2012 SL , with Spanish Tax Identification Code B26495515 and registered CERVECERA ARTESANA FUNDADA EN 2012 SL offices at Camino Nalda Viguera, nº46 , 26190 Nalda (La Rioja). For the purposes of this document, the contact phone number is +34-941-447-207 and the e-mail address is ceriux[at]cervezaceriux[dot]com.

CERVECERA ARTESANA FUNDADA EN 2012 SL declares that only people over 18 with full rights to enter into a contract and who underwrite these General Terms & Conditions, shall be entitled to become registered Users in our online shop.

2. INTELLECTUAL PROPERTY

Rights concerning intellectual property (including but not limited to trademarks, logotypes, texts, photographs, icons, pictures, graphic design, source code and any other software elements contained in www.cervezaceriux.com) are the property of CERVECERA ARTESANA FUNDADA EN 2012 SL or the dealers and manufacturers of the marketed Products, all of them companies of PALACIOS ALIMENTACIÓN Group (NIVARIUS S.L., BODEGAS TRUS, VINOS ORIGINALES S.L., BODEGAS PROELIO, CERVECERA ARTESANA FUNDADA EN 2012 SL). All companies of PALACIOS ALIMENTACIÓN Group operate in Spanish territory, Autonomous Region of La Rioja.

They are therefore subject to intellectual property rights protected by Spanish and international legislation.

It is prohibited to use, reproduce, transfer, manipulate, as well as any use exceeding any normal and necessary use to visit the website and use the offered services, without prior credible written authorisation from CERVECERA ARTESANA FUNDADA EN 2012 SL or, where appropriate, the agent or manufacturer of the Product holding the rights.

The access to the provided Products shall not, on the part of CERVECERA ARTESANA FUNDADA EN 2012 SL , waive, transfer or assign, totally or partially, any rights resulting from the intellectual property, or confer rights of use, modification, operation, reproduction, distribution or public communication on those contents without prior express written authorization by relevant right holders, notwithstanding the right of display and private backup copy of such content, provided that such right is exercised according to good faith principles and provided that intellectual property of the holder of those rights remains unchanged and is not used for commercial purposes but only as User's personal information.

Liability arising from the use of material protected by intellectual property rights contained on this webpage applies solely to the User.

3. SCOPE AND ACTIVITY

CERVECERA ARTESANA FUNDADA EN 2012 SL through, among others, its www.cervezaceriux.com online shop, sells and distributes the Products of the wineries and brewery of the PALACIOS ALIMENTACIÓN Group.

4. UPDATE OF THE WEBSITE WITH RESPECT TO CONTRACTING

CERVECERA ARTESANA FUNDADA EN 2012 SL reserves the right to change and update the Products, prices, promotions and other terms and conditions contained on www.cervezaceriux.com.

CERVECERA ARTESANA FUNDADA EN 2012 SL , within its means, ensures that the information offered on the website is true and has no typographical errors. In case of any typographical error, beyond the control of CERVECERA ARTESANA FUNDADA EN 2012 SL , it will be corrected immediately. If any client decides to purchase based on any such error, CERVECERA ARTESANA FUNDADA EN 2012 SL shall inform him/her immediately of said error, and both parties shall be able to terminate the purchase without cost and whenever that error is justified.

5. LANGUAGE AND TERM. MINIMUM AGE FOR CONTRACTING

Regardless of the possible translations of these General Sale Terms & Conditions, the official language of the contract shall always be Spanish.

Contract Term means all steps between the initial order request and the actual delivery of the requested items by CERVECERA ARTESANA FUNDADA EN 2012 SL , as well as the total payment of the price agreed by the client.

Pursuant to national and regional Spanish legislation, the sale and supply of alcoholic beverages to people under 18 is prohibited. Consequently, CERVECERA ARTESANA FUNDADA EN 2012 SL shall not accept as clients Users that cannot prove to be of legal age.

6. LEGAL GUARANTEE AND AFTER-SALES SERVICE

In his/her capacity as consumer, the client of our online shop holds, apart from rights described herein, all legal rights under Spanish and European legislation concerning the sale of consumer goods. Those legal rights shall not be affected by these General Sale Terms & Conditions.

7. ACCURACY OF PRODUCT DESCRIPTION

Although our commitment is to optimize the accuracy of any information regarding the characteristics, qualities, pictures, etc., of our items posted on this online shop, our company does not expressly guarantee the complete accuracy, reliability or exhaustiveness of that information which sometimes could be modified by differences in the browser types used to access to our online shop.

In any case where the client considers that the purchased Product does not entirely match with the item showed in the online shop catalogue, he/she may return the Product under the timelines and conditions contained herein (see Section Returns and Cancellations), without being able to claim other damages.

8. HOW TO BUY

You can find out more about our Products visiting our online shop by clicking on the “Products/Shop” icon which is located on the homepage.

Once in the online shop, you can find out more about our Products, their qualities, packaging and prices by entering in the different Product categories in the menu of www.cervezaceriux.com. To select the desired Product, access its data sheet by clicking on its icon. Once in the Product data sheet, it is possible to find out more about the Product characteristics and packaging and to select the desired quantity. Then, total price of the selected item(s) is shown and the item can be added to the shopping cart with the option “Add to cart” that is under the item price.

After selecting the Products, it is possible to “continue shopping” or “proceed to checkout” to process the order. If “proceed to checkout” is selected, the cart status can be checked (selected product, desired units, unit price with taxes included, purchase subtotal and total and shipping cost) and/or modify its content, as well as “continue shopping.”

When considering that the selection process is finished, continue to the next step by logging into your account and completing mandatory marked fields.

If the client is previously registered in our portal, he/she may log in at the final step of purchase request by entering his/her e-mail address and password. In this case, our software shall automatically recover all previously recorded data which are necessary to process the order. Unregistered clients shall select the “Create an account” option and complete all necessary data to process the order. At this step, the User may enter a username and password for future purchases as registered User. Alternatively, the User may select “Guest Checkout” option, in this case our system shall not keep data for future purchases.

At the next step, the client may check delivery methods and shipping costs and leave, where appropriate, a message for a more appropriate management of the order and agree to the website General Sale Terms & Conditions.

Then, for an appropriate purchase procedure, complete the “Payment Method” field, check the order and complete the purchase process by selecting the “Confirm Order” option. An order confirmation shall be send.

For more information about “How to Buy” please visit
http://cervezaceriux.com/en/how-order

9. PAYMENT METHODS

Payment may be made by bank wire, credit card and PAYPAL. Visit
https://www.paypal.com/es/cgi-bin/webscr?cmd=xpt/Marketing/general/NewConsumerWorks-outside to learn more about the secure communication of your data.

CERVECERA ARTESANA FUNDADA EN 2012 SL is responsible for any transaction with credit cards through this payment gateway.

For more information about our payment methods please visit
http://cervezaceriux.com/en/payment-methods

10. SHIPPING AND DELIVERY

CERVECERA ARTESANA FUNDADA EN 2012 SL shall deliver goods purchased by the User at the address indicated for this purpose by the User in the order form. In the event of omission or failure in completing such data, CERVECERA ARTESANA FUNDADA EN 2012 SL takes no responsibility for the inconvenience caused, and the User shall be responsible for the related reshipping costs. Under no circumstances are shipments to PO BOX addresses and phone booths allowed.

Shipments shall be made only in Spanish territory by a courier company. CERVECERA ARTESANA FUNDADA EN 2012 SL reserves the right to change the shipment method and the courier company, notwithstanding the above and provided that it does not mean an evident damage to the User.

The order placed by the User shall be delivered within seven (7) working days, from payment, to mainland destinations and ten (10) calendar days to the Balearic Islands, excluding orders made through bank wire in which case the delivery period shall be calculated from confirmation via e-mail of CERVECERA ARTESANA FUNDADA EN 2012 SL ’s receipt of payment. For shipments to other destinations or countries, please contact us through our Contact Section.

We bear the responsibility for the items until the client receives the shipment, unless the client expressly chooses a delivery method different from that suggested by CERVECERA ARTESANA FUNDADA EN 2012 SL , in which case our responsibility shall finish when the item leaves our warehouse for the purpose of shipment.

In the event of force majeure that does not enable the delivery of the order in due time, CERVECERA ARTESANA FUNDADA EN 2012 SL agrees to notify the User the new expected delivery date as soon as possible, releasing CERVECERA ARTESANA FUNDADA EN 2012 SL , in this case, from the obligation stated in previous Section.

If the courier company is unable to deliver the order because no one is at the indicated address to accept the package, the courier company shall give the User instructions on how to arrange a new delivery date.

At the moment of receipt, the User shall check out that the order matches the requested Product in quantity and typology. In the event of any discrepancy, the User shall follow the instructions in Section 8 of these General Terms & Conditions.

Depending on the delivery method selected by the client, some shipping costs may be added to the final purchase price. However, the client shall find out more, always before confirming his/her order, about the associated shipping costs. Acceptance of these “General Sale Terms & Conditions” by the client shall always mean that the client agrees to the shipping costs.

For more information about our delivery and shipping costs policy, please visit
http://cervezaceriux.com/en/shipping-rates

11. RETURNS AND CANCELLATIONS

Right of Withdrawal

If for any reason you are not satisfied with your order, you may return it within 14 calendar days, from the date the Product is delivered. (Under section 44 of Ley 7/1996, de 15 de enero de Ordenación del Comercio Minorista modificada por la Ley 47/2002, de 19 de diciembre [Spanish Law 7/1996, January 15, on Retail Trade Organization amended by Spanish Law 47/2002, December 19]. For exercising your right of withdrawal, all returned Products shall be in perfect condition and inside their original packaging.

All customized items are explicitly excluded from the client's right of withdrawal.

To exercise your right of withdrawal, please contact us via the contact details below, in the “Purchase Cancellation” Section.

If you exercise your right of withdrawal, the return shipping costs shall be your sole responsibility and under no circumstances will those costs be different from those of the initial order.

Reimbursement

The reimbursement term is 14 calendar days from the notice of withdrawal, although such reimbursement shall not be made until items are received and it is verified that the User has not manipulated them to state their nature, characteristics and operation. If payment was made by bank wire, reimbursement in the client's account shall be made as soon as possible from the receipt and approval of the request for withdrawal by CERVECERA ARTESANA FUNDADA EN 2012 SL If payment was made by credit card, reimbursement shall be made to the same credit card.

Purchase Cancellation

The User may cancel the purchase process as long as it has not been totally processed. In order to ensure the cancellation on the part of the client, please contact CERVECERA ARTESANA FUNDADA EN 2012 SL immediately via e-mail to ceriux[at]cervezaceriux[dot]com or at +34-941-447-207.

12. DELIVERY ERROR

Upon receipt of the order, the User shall verify that the delivered Products match those of the order placed, otherwise the following steps shall then be taken:

  1. If the Products match those appearing in the delivery note but do not match the order placed and confirmed by CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES:
    • the User shall have a maximum of ten (10) calendar days from the order receipt to report the incident to CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES via e-mail to ceriux[at]cervezaceriux[dot]com or by fax to +34-941-490-086, entering his/her personal details and the order number.
    • After that period, it shall be understood that delivery is agreed and satisfied. If the delivered goods value is more than that of the order placed, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall claim the amount difference, taking all appropriate legal actions, if necessary.
    • Upon realizing the incident, or receiving notice thereon by the User, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall contact the User, within 48 working hours, in order to manage the Product withdrawal and/or replacement as soon as possible.
  2. If the delivered Products do not match those appearing in the delivery note:
    • the User shall expressly write the incident in the delivery note of the carrier and contact immediately CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES via e-mail to ceriux[at]cervezaceriux[dot]com or by fax to +34-941-490-086, entering his/her personal details and order number.
    • Upon receiving relevant notice, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall contact again the User, within 48 working hours, in order to manage the Product withdrawal and/or replacement as soon as possible.

EVIDENT FAULT

CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES guarantees that all Products offered on the webpage have been made under quality controls established by the Qualified Denomination of Origin corresponding to the kind of wine and geographical area, as well as to regulations. However, the unique nature of the characteristics of some Products may result in alteration in their intrinsic qualities at the moment of being enjoyed by the User.

In the event of a defective Product, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall admit its return under the following terms:

  • The User shall have a maximum of ten (10) calendar days from the order receipt to report the incident to CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES via e-mail to ceriux[at]cervezaceriux[dot]com or by fax to +34-941-490-086, entering his/her personal details and order number.
  • Upon relevant notice, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall again contact the User to collect all necessary and possible data about the incident and manage the Product withdrawal. The Product shall be returned at least three-quarters complete, inside its original packaging and in a packaging suitable for shipment.
  • After receipt of the Product, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall undertake relevant analysis and tests to detect the reasons for the Product damage.
  • If such fault was not produced by reasons attributable to the User, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall reimburse the Product value, by the same means of payment as was used, or replace the Product as soon as possible, always within thirty (30) calendar days from the receipt of the Product.

BREAK OR SERIOUS DAMAGE

At the moment of delivery of the order to the User by the carrier, the User shall verify that the packaging is not spoiled or damaged to an extent that the content could have been affected. If so, the User shall proceed as follows:

  • The User shall verify, in the presence of the carrier, the integrity of the delivered Products.
  • In case of break or serious damage in part or all of the Products, the User shall write the incident in the delivery note and contact immediately CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES via e-mail to ceriux[at]cervezaceriux[dot]com or at +34-941-447-207, entering his/her personal details, the order number and the broken or damaged Products.
  • One the incident has been notified, CERVECERA ARTESANA FUNDADA EN 2012 SL AND/OR OTHER GROUP COMPANIES shall replace all affected Products as soon as possible, always within fifteen (15) calendar days and at no extra cost by the User.

13. DATA PROTECTION

Overview. Under section 5 of Ley 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal [Spanish Law 15/1999, December 13, on Personal Data Protection] (hereinafter “LOPD” by its Spanish initials), data provided by clients when buying will be incorporated in a file owned by CERVECERA ARTESANA FUNDADA EN 2012 SL, with registered offices at CAMINO NALDA – VIGUERA, Nº 50 26190 NALDA (LA RIOJA province, SPAIN).

That file is duly declared in the Spanish General Data Protection Register and the data collection purpose is to keep the commercial and contractual relationship between both parties. The client may exercise his/her rights of access, rectification, opposition and cancellation under the terms set forth in LOPD and Real Decreto 1720/2007, de 21 de diciembre, por el que se aprueba el Reglamento de desarrollo de la LOPD [Spanish Royal Decree 1720/2007, December 21, approving the development Regulation of the LOPD] (hereinafter “RDLOPD” by its Spanish initials) by written notice to the registered offices of CERVECERA ARTESANA FUNDADA EN 2012 SL

Legal scope for using e-mail addresses of clients. Clients, by registering as such and purchasing our Products, shall receive promotions and newsletters about new releases by e-mail. This service is subject to the provisions of section 21.2 of Ley 34/2002, de Servicios de la Sociedad de la Información y de Comercio Electrónico, modificada por la Ley 32/2003, de 3 de noviembre, General de Telecomunicaciones [Spanish Law 34/2002, on Services of Information Society and E-Commerce, amended by Spanish Law 32/2003, November 3, General Law on Telecommunications], which authorizes the sending of commercial communications by e-mail in case of prior contractual relationship and Products or services similar to those which were the subject of the contract are advertised. However, all commercial communications sent by CERVECERA ARTESANA FUNDADA EN 2012 SL shall be readily recognizable as such by the word “promotion” at the beginning of the message body and they shall identify CERVECERA ARTESANA FUNDADA EN 2012 SL as entity responsible for their sending. Each sending shall provide the recipient free and simple means to unsubscribe from the commercial communication system by e-mail.

14. GOVERNING LAW

Business transactions carried out with www.cervezaceriux.com are governed by Spanish legislation. Spanish applicable laws:

  • Ley 3/2014, de 27 de marzo, por la que se modifica el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, aprobado por el Real Decreto Legislativo 1/2007, de 16 de noviembre [Spanish Law 3/2014, March 27, amending the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, November 16].
  • Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias [Spanish Royal Legislative Decree 1/2007, November 16, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws].
  • Ley 34/2002, de 11 de Julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico y Ley 32/2003, de 3 de noviembre, General de Telecomunicaciones [Spanish Law 34/2002, July 11, on Information Society and E-Commerce Services and Law 32/2003, November 3, General Law on Telecommunications].
  • Ley 7/96, de 15 de enero, de Ordenación del Comercio Minorista [Spanish Law 7/96, January 15, on Retail Trade Organization] (L.O. 2/1996, de 15 de enero, complementaria de la Ordenación del Comercio Minorista, Ley 47/2002, del 19 de diciembre, de reforma de la Ley 7/1996 y Ley 1/2010, de 1 de marzo de reforma de la Ley 7/1996 [Spanish Organic Law 2/1996, January 15, complementary to Law 47/2002 on Retail Trade Organization, December 19, reforming Law 7/1996 and Law 1/2010, March 1, reforming Law 7/1996]).
  • Ley 7/1998 sobre Condiciones Generales de la Contratación [Spanish Law 7/1998 on General Terms and Conditions].
  • All such legal provisions as applicable.

In case of dispute or disagreement concerning the construction or application of these General Terms & Conditions, Courts and Tribunals which knows the issue shall provide applicable legislation in terms of jurisdiction.

If the buyer’s domicile is outside Spain, both parties shall be subject to the Courts and Tribunals of LA RIOJA (Spain).

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