Virtus Wine

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TERMS AND CONDITIONS OF PURCHASE

The goods and services offered on this website are intended exclusively for legal adults and/or legal entities that qualify as consumers or end users in accordance with Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. Therefore, anyone who does not meet these requirements may not make purchases through this website.

To place an order in the BODEGAS VIRTUS, S.L. online store, acceptance of these General Conditions is required, and the User declares that:

  1. They have read, understood, and agreed to the terms stated herein.
  2. They are of legal age according to the regulations in their place of residence. Otherwise, a minor must have authorization from their legal representatives.
  3. If they intend to purchase any product and/or service, they have the legal capacity to do so.
  4. They accept all obligations outlined in these terms.

The User must carefully read these General Conditions each time they access the website, as both the portal and these conditions may be subject to modifications. However, any modifications to these terms will not affect goods or promotions acquired before the changes were implemented.

1. Identification

The General Terms and Conditions of Contract outlined in this document apply to all commercial transactions conducted through the online store https://www.virtuswine.com/tienda-bodega-virtus/, owned by BODEGAS VIRTUS, S.L., with CIF B86838711, and registered address at Pago de la Fuentecilla S/N, 47313 Aldeayuso (Valladolid), Spain.

BODEGAS VIRTUS, S.L. is registered in the Commercial Registry of Madrid, Volume 31552, Folio 26, Page M-567824, Entry 1.

For any inquiries, you can contact us via: Phone: +34 983 878 080 Email: contact@virtuswine.com

2. Intellectual and Industrial Property

The rights related to intellectual and industrial property (including but not limited to trademarks, logos, texts, photographs, icons, images, graphic design, source code, and other software elements) contained in the online store https://www.virtuswine.com/tienda-bodega-virtus/ belong to BODEGAS VIRTUS, S.L. or to the representative companies and manufacturers of the products offered. These elements are protected by Spanish and international intellectual and industrial property laws.

Without prior written and explicit authorization from BODEGAS VIRTUS, S.L., or where applicable, from the representative or manufacturer holding the rights, it is strictly prohibited to use, reproduce, transmit, manipulate, or make any use beyond what is necessary for visiting the website and utilizing the services offered.

Access to the products provided does not constitute a waiver, transfer, or assignment—whether total or partial—of intellectual and industrial property rights by BODEGAS VIRTUS, S.L.. It also does not grant users any rights to use, modify, exploit, reproduce, distribute, or publicly communicate the content without the prior express written authorization from the respective rights holders. However, users may view the content and obtain a private backup copy, as long as:

  1. This right is exercised in good faith.
  2. The intellectual and industrial property rights remain unaltered.
  3. The content is used exclusively for personal, non-commercial purposes.

Any liability arising from the misuse of materials protected by intellectual and industrial property rights on this website shall be borne solely by the user.

3. Purpose and Activity

BODEGAS VIRTUS, S.L., through its online store https://www.virtuswine.com/tienda-bodega-virtus/, is dedicated to the sale and distribution of wines.

4. Website Updates Related to Contracting

BODEGAS VIRTUS, S.L. reserves the right to make modifications and updates regarding consumer goods, prices, promotions, and other conditions listed on https://www.virtuswine.com/tienda-bodega-virtus/.

Within its capabilities, BODEGAS VIRTUS, S.L. strives to ensure that the information provided on the website is accurate and free of typographical errors. In the event of an unintentional typographical mistake, BODEGAS VIRTUS, S.L. will proceed with its immediate correction.

If a customer makes a purchase based on such an error, BODEGAS VIRTUS, S.L. will promptly inform them of the mistake. Both parties may then choose to cancel the purchase at no cost, provided that the existence of the error is justified.

5. Language and Contract Duration. Minimum Age for Contracting

Regardless of any possible translations of these General Terms and Conditions of Contract, the official language of the contract will always be the Spanish version.

The contract duration is understood to cover all phases from the initial order request until the effective delivery of the consumer goods by BODEGAS VIRTUS, S.L., and the full payment of the agreed price by the customer.

According to Article 1263 of the Spanish Civil Code, non-emancipated minors and legally incapacitated individuals cannot enter into distance sales contracts without the express consent of their parents or legal guardians.

By accepting these General Terms and Conditions of Contract, the Customer declares that they are of legal age (at least 18 years old) and have the legal capacity to purchase consumer goods offered through https://www.virtuswine.com/tienda-bodega-virtus/ and that they fully understand and accept these terms and conditions.

In accordance with national and regional Spanish regulations, it is hereby stated that the sale and distribution of alcoholic beverages and tobacco products to persons under 18 years of age is strictly prohibited. Therefore, our company will not accept customers who cannot verify that they are of legal age.

6. Legal Warranty and After-Sales Service

As a consumer, customers of our online store have, in addition to the rights described here, all legal rights under Spanish and European legislation regarding the sale of consumer goods. These legal rights can never be affected by these General Terms and Conditions of Contract.

In the case of defective products, and in accordance with current regulations, BODEGAS VIRTUS, S.L. will proceed, as appropriate, to repair, replace, reduce the price, or terminate the contract—all at no cost to the customer. BODEGAS VIRTUS, S.L. is responsible for non-conformities that appear within THREE (3) years from the date of delivery.

A product is considered to have a lack of conformity when:

  • It does not match the description provided by the seller or lacks the qualities presented to the consumer as a sample.
  • It is not suitable for the usual purpose of goods of the same type.
  • It is not suitable for a specific purpose requested by the consumer, provided that the seller was informed and accepted that the product was suitable for such use.
  • It does not meet the quality and performance expectations that a consumer may reasonably expect based on the product’s nature, characteristics, advertising, and labeling.

Unless proven otherwise, it is presumed that non-conformities appearing within TWO (2) years of product delivery already existed at the time of delivery.

The consumer must inform the seller of the lack of conformity as soon as possible after detecting it. Failure to report it immediately does not result in a loss of warranty rights, but the consumer will be responsible for any damages or losses caused by the delay in reporting and continued use of the product after detecting the issue.

7. Accuracy of Product Descriptions

While we are committed to ensuring the accuracy of all information regarding the characteristics, qualities, images, etc. of the products published in this online store, BODEGAS VIRTUS, S.L. does not expressly guarantee the absolute accuracy, reliability, or completeness of this information. Some variations may occur due to differences in browser configurations used to access our online store.

In accordance with Spanish national and regional regulations, the sale and distribution of alcoholic beverages and tobacco products to individuals under 18 years of age is strictly prohibited. As a result, our company will not accept customers who cannot verify that they are of legal age.

If a customer believes that the purchased product does not match the item displayed in our online store catalog, they may return it according to the return and cancellation policy outlined in these terms. However, no additional claims for damages or losses will be accepted beyond the return of the product.

8. How to Purchase

The website will display the available products at any given time, along with their characteristics and retail prices, in each of its sections.

BODEGAS VIRTUS, S.L. retains the right to determine which products are offered to customers through the website. This means that BODEGAS VIRTUS, S.L. may add or remove items from its product catalog at any time, while always respecting previously placed orders and honoring the duration of any ongoing campaigns or promotional offers.

Steps to Complete a Purchase:

1. Product Selection: Browse the online store and select the products you wish to purchase.

2. Review Your Cart: In the “Products in Your Cart” section, you can:

  • Review your selected products
  • Adjust the desired quantity
  • Check unit prices, applicable taxes, subtotals, and total purchase amount
  • Modify your cart or choose to “Continue Shopping”

3. Checkout Process: Once you have finalized your selection, proceed to “Finalize Purchase”, where you will need to complete the required fields marked as mandatory.

Following these steps will ensure a smooth and secure purchasing experience.

9. Payment Methods

We accept the following payment methods:

1. Credit/Debit Card Payment

  • The Virtual POS (Payment Terminal) supports payments with American Express, MasterCard, Maestro, Visa, and Visa Electron.
  • To complete the payment, the following details must be provided:
    • Card number
    • Expiration date
    • Cardholder’s full name (as it appears on the card)
    • CVV security code

The total order amount will be charged immediately upon purchasing the products. To enhance fraud protection, customers must re-enter their card details for every purchase, as BODEGAS VIRTUS, S.L. does not store or have access to customers’ banking details.

2. PayPal Payment

Security and Compliance

This merchant does not permit any transactions that are illegal or considered by credit card brands or the acquiring bank as potentially harmful to their reputation or negatively influential.

The following activities are prohibited under the card brand programs:

  • The sale or offering of any product or service that does not fully comply with all applicable laws regarding the Buyer, Issuing Bank, Merchant, Cardholder, or credit card networks.
 

10. Transaction Security

The website https://www.virtuswine.com/tienda-bodega-virtus/ uses widely accepted industry security techniques to protect user data. These include:

– Firewalls
– Access control procedures
– Cryptographic mechanisms

These security measures are implemented to prevent unauthorized access to user data.

To ensure secure transactions, the user/customer acknowledges and agrees that BODEGAS VIRTUS, S.L. may collect data for the purpose of authenticating access controls.

Any contracting process or any submission of personal data (e.g., sensitive information such as health or ideology) will always be transmitted via a secure communication protocol (HTTPS://). This ensures that no third party can access the information transmitted electronically.

11. ENVÍOS Y ENTREGA

BODEGAS VIRTUS, S.L. is committed to delivering the purchased goods to the address provided by the user in the order form. If there are any omissions or errors in the submitted information, BODEGAS VIRTUS, S.L. is not responsible for any resulting issues, and any reshipping costs will be borne by the user. Under no circumstances will deliveries be made to P.O. boxes or public call offices.

Shipping Destinations

Orders will be shipped only within Spain, including:
– Mainland Spain
– Balearic Islands
– Canary Islands

Shipments will be handled by a courier service. BODEGAS VIRTUS, S.L. reserves the right to change the shipping method or courier company if necessary, as long as it does not cause significant inconvenience to the customer.

Delivery Timeframes

  • Mainland Spain: Maximum 5 working days from payment confirmation.
  • Other Destinations (Balearic & Canary Islands): Maximum 10 calendar days from payment confirmation.
  • Bank Transfer Payments: The delivery period will be calculated from the email confirmation of receipt of the payment in the BODEGAS VIRTUS, S.L. account.

The responsibility for the items remains with us until the order is received by the customer, except in cases where the customer expressly chooses a different shipping method than the one proposed by BODEGAS VIRTUS, S.L.. In such cases, responsibility transfers to the customer once the shipment is picked up from our warehouse.

Delivery Issues & Force Majeure

If unforeseen circumstances or force majeure prevent delivery within the established timeframe, BODEGAS VIRTUS, S.L. commits to informing the user as soon as possible of the new expected delivery date. In such cases, BODEGAS VIRTUS, S.L. will be released from its original delivery commitment.

If the courier is unable to complete the delivery because no recipient is available at the provided address, the courier company will provide instructions to the user to reschedule the delivery.

Order Verification Upon Delivery

Upon receipt of the order, the user must verify that:

  • The quantity and type of products match the order.
  • There are no discrepancies or damages.

If there are any issues, the user should follow the guidelines in Sections 7 (“Accuracy of Product Descriptions”) and 12 (“Returns and Cancellations”).

Definition of “Delivery”

For the purposes of these General Terms and Conditions, a product is considered “delivered” when:

  • The customer or a designated third party gains physical possession of the products.
  • This is confirmed by the signing of the delivery receipt at the agreed address.

Shipping Costs

  • Shipping costs vary based on the delivery method selected by the customer and will always be added to the final purchase price.
  • The customer will always be informed of shipping costs before confirming the order.
  • By accepting the General Terms and Conditions, the customer also accepts the associated shipping costs.

Free Shipping: Orders over €60 to destinations within Spain will have no shipping charges.

Shipping Rates:
– Mainland Spain & Balearic Islands: €6.00 – €10.00
– Canary Islands: €75.00 – €100.00

12. Returns and Cancellations

Right of Withdrawal

In compliance with current regulations on distance purchases, you have 14 calendar days from the date of delivery to return the purchased goods if you are not satisfied with your order (Articles 68-79 and Article 102 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws).

Conditions for Exercising the Right of Withdrawal
  • All returned products must be in perfect condition, with their original packaging, or, if unavailable, in packaging that provides equal or greater protection for the product.
  • If the product is not properly protected during return shipping, BODEGAS VIRTUS, S.L. reserves the right to reject the return or charge the customer for any damages incurred.
  • The customer is responsible for any loss in value resulting from handling beyond what is necessary to verify the nature, characteristics, and functioning of the goods.
Exclusions from the Right of Withdrawal

The following items cannot be returned under the right of withdrawal:

– Personalized products
– Goods that deteriorate or expire quickly
– Sealed items that cannot be returned for health or hygiene reasons if unsealed after delivery
– Any other cases covered by current legislation

How to Exercise the Right of Withdrawal

You can exercise your right of withdrawal by contacting us through the details provided in the “Order Cancellation” section below. Alternatively, you can submit a withdrawal request by sending us an email, postal mail, or fax (if applicable) with the following information:

To: (Supplier Name)
Consumer Name(s):
Order Number:
Date of Order Receipt: //20__
Consumer Address:
Consumer Phone (optional):
Consumer Email (optional):
Postal Code, City, Province:
Date & Location: //20__
Signature (only if submitted in paper format):

Refund Policy

  • Refunds will be processed within 14 calendar days from the date of withdrawal notification.
  • The refund will only be issued once the returned items have been received and inspected to ensure the user has not handled them beyond what is necessary to determine their nature and characteristics.
  • Refunds will be made using the same payment method as the original purchase and will be processed as quickly as possible upon approval of the withdrawal request.

Order Cancellation

  • Customers may cancel their order as long as it has not yet been fully processed.
  • To cancel an order, we recommend contacting us immediately via:
    Email: contact@virtuswine.com
    Phone: +34 983 878 080

13. Data Protection

General Information

In compliance with current Personal Data Protection regulations, we inform you that your personal data will be processed by BODEGAS VIRTUS, S.L., acting as the data controller, for the purpose of managing administrative, commercial, and fiscal processes related to orders placed through our online store, as well as for commercial actions related to customer management.

We inform you that, in compliance with applicable data protection regulations, your data may be shared with courier and transportation companies responsible for delivering your order. Additionally, our web hosting and maintenance providers may have potential access to your data. BODEGAS VIRTUS, S.L. will take all necessary measures to ensure that our providers comply with current data protection regulations to safeguard the privacy of our customers.

Furthermore, unless legally required or explicitly authorized by you, BODEGAS VIRTUS, S.L. will not share your personal data with third parties other than those explicitly mentioned above.

Your Rights

You have the right to:

  • Confirm whether we are processing your personal data.
  • Access your personal data.
  • Correct any inaccurate data.
  • Request deletion of your data when it is no longer necessary.
  • Exercise any other rights recognized under current regulations.

To exercise these rights, please contact us at:

BODEGAS VIRTUS, S.L.
Address: Pago de la Fuentecilla S/N
Phone: +34 983 878 080
Email: contact@virtuswine.com

Additionally, you may request detailed information about our data protection policy using the contact details above.

You can also find more information on our Privacy Policy at https://www.virtuswine.com/.

Use of Customer Email Addresses for Commercial Purposes

Customers who register and purchase our products will receive email promotions and newsletters about new products and updates.

This service complies with Article 21.2 of Law 34/2002, on Information Society Services and Electronic Commerce, as modified by Law 32/2003, of November 3, on General Telecommunications, which authorizes the electronic sending of commercial communications when a prior contractual relationship exists, and the advertised products or services are similar to those previously purchased.

All commercial emails sent by BODEGAS VIRTUS, S.L. will be clearly identifiable as advertisements, including the word “advertisement” at the beginning of the message body and identifying BODEGAS VIRTUS, S.L. as the sender. Each email will include a simple and free option to unsubscribe from future commercial communications.

Additionally, if you prefer to opt out of receiving promotional emails, you can contact us directly at:
Email: contact@virtuswine.com

14. Nullity and Ineffectiveness of Clauses

If any clause within these General Terms and Conditions is declared wholly or partially null or ineffective, such nullity or ineffectiveness will only apply to that specific provision or the part affected.

The rest of these General Terms and Conditions will remain in full force and effect, and the affected provision will be considered as if it had never been included.

15. Applicable Legislation

All commercial transactions carried out with BODEGAS VIRTUS, S.L. are subject to Spanish legislation.

Applicable Laws:

  • Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws.
  • Law 7/2017, of November 2, incorporating into Spanish law Directive 2013/11/EU of the European Parliament and Council (May 21, 2013) on alternative dispute resolution in consumer matters.
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, and Law 32/2003, of November 3, General Telecommunications Law.
  • Law 7/1996, of January 15, on the Regulation of Retail Trade (including L.O. 2/1996, Law 47/2002, and Law 1/2010 modifying Law 7/1996).
  • Law 7/1998 on General Contracting Conditions.
  • EU General Data Protection Regulation (GDPR) 2016/679 on Personal Data Protection and Free Data Movement.
  • Organic Law 3/2018, of December 5, on Personal Data Protection and Digital Rights Guarantee.
  • Any other applicable legal provisions.

Jurisdiction and Conflict Resolution

In the event of conflict or dispute regarding the interpretation or application of these General Terms and Conditions of Contract, the competent Courts and Tribunals will be determined based on applicable jurisdiction regulations.

However, consumers are informed that, according to Article 52.3 (“Territorial jurisdiction in special cases“) of Law 1/2000, of January 7, on Civil Procedure, if the general jurisdiction rules do not apply to disputes arising from the exercise of individual consumer rights, the competent court will be:

  • The consumer’s place of residence, or
  • The court corresponding to Articles 50 and 51 of the same law.

If the buyer resides outside Spain, both parties agree to submit to the Courts and Tribunals of Valladolid, Spain.

16. Obligation to Inform Consumers About Accredited Alternative Dispute Resolution Entities

In accordance with Article 40 of Law 7/2017, of November 2, and Article 14.1 of Regulation (EU) 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform, which can be used in case of any discrepancy, conflict, or dispute between the consumer and our business.

You can access the Online Dispute Resolution (ODR) platform at the following link: http://ec.europa.eu/consumers/odr/

This platform is exclusively available for consumers residing in the European Union.

For more information about the dispute resolution process, please visit: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

17. Issuance of Invoices and Other Information Related to These General Terms of Sale

By accepting these General Terms of Sale, and in compliance with Article 23 (“Validity and Effectiveness of Contracts Concluded by Electronic Means”) of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that:

  • All information derived from this contract, including invoices for transactions carried out through this website, will be issued in electronic format.
  • However, at any time, you may request a paper invoice, in which case we will generate and send the invoice in that format.

To request a paper invoice, please contact our customer service at:
Email: contact@virtuswine.com

We will ensure that you receive the paper invoice at the address you specify as soon as possible.