t e r m s a n d c o n d i t i o n s

PURCHASE CONDITIONS:

1st.- GENERAL DATA OF THE SERVICE PROVIDER

Bodegas Peñafiel, S.L., NIF B-47512199 (hereinafter Bodegas Peñafiel)

Postal address: Carretera Nacional N-122, Km. 311; CP 47300 de Peñafiel, Valladolid.

Email address: marketing@bodegaspenafiel.com

Phone: 983 881 622

2nd.- OBJECT OF THE PURCHASE CONDITIONS AND GENERAL ASPECTS

These Conditions aim to regulate the access and the purchasing system of the products provided by Bodegas Peñafiel to the user through its Online Store, constituting the legal framework that develops the contractual relationship.

Their content has been drafted taking into account the current legislation at the time of their elaboration, consisting, among other regulations, of Royal Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 34/2002, on Services of the Information Society; and Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer matters and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

To be able to make purchases in the Bodegas Peñafiel Online Store, the winery has configured a descriptive, easily accessible, and secure web environment, with an intuitive, simple, and guided purchasing process.

The offers and services provided by Bodegas Peñafiel on its website are exclusively directed at natural persons of legal age and legal entities considered as final consumers or users, in accordance with current regulations. Those who do not meet the above requirements may not purchase products through this website.

Users of the Bodegas Peñafiel website and online store, respectively, can directly access the conditions and purchase terms by clicking on the section titled for this purpose, which can be found at the bottom of the website. They undertake to read them carefully each time they proceed to purchase any product, as they may have been modified since their last access. In any case, they will always have access to them prior to the start of the product purchase process and will be able to store and/or reproduce them on a durable medium.

Users of the Bodegas Peñafiel website fully and unreservedly accept its content; and expressly submit to them. In case of disagreement with any content of the page and the online store, users may leave the website immediately and voluntarily.

By accepting the purchase conditions and terms, users declare:

1. That they are persons with the capacity to contract, of legal age.
2. That they have read and expressly accept them.

Bodegas Peñafiel may deactivate and prevent access to the online store, as well as the supply of products to users who have outstanding debts with the Winery for any reason.

Purchases made in the online store are formalized in Spanish, under the conditions detailed herein.

The purchase process in the online store is described below, which can be carried out simply and intuitively by following the various illustrations, links, banners, and other visible and accessible tools from the Bodegas Peñafiel website. The process described may be modified, although future changes will not be significant for understanding the process:

1st.- Users can access the online store by clicking on the corresponding icon located on the Winery’s website.

2nd.- Once inside the store, the different products marketed are graphically described with their price, including taxes. Likewise, other information may be included, such as points, promotions, or any other information of interest to users.

If users wish to receive more information about the different products, by clicking on them, a new page will load detailing multiple features (Varieties, tasting notes, pairings, videos, etc.…), rewards in the form of points and/or other possible linked promotions; as well as several illustrations and menus that answer the most frequent questions about the delivery process, contact information, related products, orders, shipping, and purchases.

3rd.- The user must select the products and the quantities they wish to purchase, which will be added to the shopping cart.

4th.- Once the product has been added to the cart, the user has the option to “continue shopping”, for which they can add new products, or proceed to the payment process if they wish to finalize their purchase (“Pay”). Both options require the express and active action of the user by clicking on the respective label. Likewise, the user has the option to access their cart, which is particularly useful if they have made multiple purchases, using the aforementioned option of “continue shopping”, as they can then check in detail all the products they are going to buy (products, quantities, prices…), and then finalize the purchase.

5th.- If the user has selected to pay or finalize the purchase, they will access the payment process within which they will be offered the option to indicate if they are a registered user (which will avoid having to enter some of the essential data for the purchase and delivery of products), register (if they wish to do so to expedite future purchases), enter discount coupon data or other promotions, if applicable, and finally the option to buy without registration. Subsequently, they must enter the essential data for billing and product delivery (mandatory) and other data for receiving promotions and/or information about the Winery’s products (optional). In all cases, entering the data requires an express and positive action by the user, so they will always be responsible for its accuracy and for any consequences that may arise from their action.

6th.- Finally, the user must select the payment method from those available, declare that they have read and accept the purchase terms and conditions and the privacy policy (mandatorily to be able to purchase); and, if they wish, accept the sending of commercial communications about the winery’s products (optionally).

7th.- The next step will be to formalize the payment through the selected procedure. This is described in a specific section dedicated to the different payment options further on (Section 4.3).

3rd.- ONLINE DISPUTE RESOLUTION PLATFORM

Users can access the Online Dispute Resolution Platform at the following web address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

4th.- PURCHASE OF PRODUCTS IN THE BODEGAS PEÑAFIEL ONLINE STORE

4.1.- Product Catalog

The online store on the Bodegas Peñafiel website contains all products available for purchase on its homepage. By clicking on each product, users can access its detailed description (such as serving formats, grape varieties, tasting and pairing notes, vintages, videos, and others that, along with the above, may be modified over time). Likewise, users have at their disposal the fundamental conditions for the purchase and delivery process; and the resolution of the most frequent questions about orders, shipping, and purchases, in dropdown menus placed in a specific section.

Bodegas Peñafiel may add or remove products from its online store, respecting in any case orders formalized previously or the duration of campaigns and promotions under which purchases have already been made.

Products with alcoholic content can only be purchased by individuals of legal age, who must have declared this condition upon entering the Winery’s website.

Products purchased through the online store are only available for shipment to mainland Spain, excluding the Canary Islands, Balearic Islands, Ceuta, and Melilla. If any user from the Canary Islands, Balearic Islands, Ceuta, Melilla, or outside of Spain wishes to purchase the Winery’s products, they must contact the postal or electronic addresses included in section 1st to specify product availability and other applicable conditions, as these will not apply to them.

4.2.- Prices and shipping costs

The price of each product is indicated next to it, both on the store’s homepage and on the specific page for each product. The indicated prices include the corresponding taxes.

The amount of shipping costs is indicated after the subtotal of the products included in the cart, in the purchase summary described both before and on the page where the order is formalized.

4.3.- Payment methods

At the time of publication of these conditions, the permitted payment methods are as follows:

.- Credit or debit card: Payments are made directly to the bank through a bank gateway linked with a secure encryption system. To make card payments, it is necessary to provide the card number, its expiration date, the cardholder’s name and surname (as they appear on the card), and the card’s CVV code.

Bodegas Peñafiel does not store the banking data provided for the transaction through the banking payment platform, which is responsible for the corresponding encryption protection. Bodegas Peñafiel can only use the banking data provided by users to the banking payment platform until the withdrawal period has expired and for those purposes, without being aware of them at any time.

The charge made to the card for the purchase amount is made at the moment the user makes the payment.

In accordance with Article 112 of Royal Legislative Decree 1/2007, when the amount of a purchase has been fraudulently or improperly charged using a payment card number, the cardholder client may request the immediate cancellation of the charge. In such cases, the corresponding debit and credit entries in the accounts of Bodegas Peñafiel and the cardholder client will be made as soon as possible.

However, if the purchase was effectively made by the cardholder client and the refund request is not a consequence of the exercise of the right of withdrawal or termination, the latter will be obliged to compensate Bodegas Peñafiel for the damages and losses caused as a result of said cancellation.

Each time users make a purchase, they must re-enter all their card details, as, as indicated, Bodegas Peñafiel does not have access to or store the banking data of its Online Store users.

.- PayPal: Payment is made by redirecting to PayPal’s secure page (external to the online store) where users must have previously registered. It is necessary for them to enter the email and password with which they have registered on PayPal and accept the payment. Subsequently, they are redirected to the online store’s page, and the purchase process is confirmed as completed.

Bodegas Peñafiel does not have access to users’ banking data.

.- Bank transfer: The user must make the payment by bank transfer to the Winery’s account number indicated after placing the order. The order number must be indicated as the payment reference. The order is not processed until Bodegas Peñafiel has received the amount in its bank account.

4.4.- Order confirmation

Once the purchase process is completed, Bodegas Peñafiel will send an email to the email address indicated by the users with all the information regarding the orders. If they do not receive it, users should contact the winery at the following email address: marketing@bodegaspenafiel.com

Before contacting the Winery, it is recommended that you check the spam or junk mail folder of your email application or program, as automatically generated emails are often cataloged as such.

In the event that, after an order has been placed, any of the purchased products are unavailable, Bodegas Peñafiel will immediately inform the corresponding user, who will be refunded the amount paid for that product within 15 calendar days of such communication, or will be offered the option to exchange the unavailable product for a similar one. In the event that this exchange involves an increase in price, the user must pay the difference; and the winery will refund the amount if the exchange results in a decrease in price.

4.5.- Delivery times

The delivery time for purchases is set between 3 and 4 business days, counting from 9 AM on the business day following the confirmation and payment of the product.

The above deadlines may vary upwards, and are not guaranteed, in the following cases, among similar ones:

.- Stock unavailability.

.- Specific high-activity dates, such as the Christmas campaign.

.- Transport strikes.

.- Fortuitous events or force majeure situations.

If, at the time of delivery, neither the user nor any person of legal age is present at the provided address, the transport company will leave a notice (in physical, electronic, or telephone format) with the corresponding instructions to contact and arrange a new delivery. If there is no response or no contact support has been provided, the shipment will remain at the transport company’s facilities, pending resolution and/or contact with the client. In the following days, attempts will be made to locate the recipient, and a second delivery will be scheduled. If, after the two previous delivery attempts, it has not been possible to carry it out, the products will be returned to Bodegas Peñafiel. If, after the return, the customer requests their order, they will have to pay the shipping costs again.

The recipient of the order must sign a delivery receipt, stating their name and ID number, which implies their conformity with the products received, both in terms of quantity and quality and condition.

For this purpose, the recipient may review the order to show their conformity or non-conformity. In case it is incomplete, they must explicitly state this on the corresponding delivery note.

4.6.- Returns

4.6.1.- Right of withdrawal

The user will have a maximum period of 14 calendar days from the delivery of the product to withdraw, totally or partially, from their purchase, in accordance with applicable legislation.

However, and in accordance with the provisions of articles 102 and 103 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users, and other complementary laws, the right of withdrawal may not be exercised on bottles or products that have been opened, nor, in case of serving in wooden boxes when they have been opened or unsealed. The right of withdrawal may also not be exercised in the case of personalized products.

The product must be in the same condition as it was delivered and must retain its original packaging and labeling.

The withdrawal form can be downloaded (include link to withdrawal form).

The refund to the user will include all shipping costs that the user paid when making the purchase. The shipping costs for returns will be borne by the customer.

4.6.2.- Return of defective products

Users will have the right to a refund of the price of defective products or products delivered that do not correspond to the order placed, within 14 days of receipt. The refund will be made according to the payment method used for the purchase. Alternatively, they will have the right to claim, and have delivered, a product equal to the one requested, in perfect condition.

In cases of defective products, users will not have to bear the return costs.

4.6.3.- Processing of returns.

For returns arising from the exercise of the right of withdrawal or from defective products, the user must contact Bodegas Peñafiel by phone at +34 983 881 622, from where the necessary arrangements will be made.

The products must be returned in their original packaging and condition, including the proof of purchase and the product delivery note, as well as the reason for the return; and must be sent to Bodegas Peñafiel, S.L., NIF B-47512199 (hereinafter Bodegas Peñafiel). Postal address: Carretera Nacional N-122, Km. 311; CP 47300 de Peñafiel, Valladolid.

Partial returns of an order, under the conditions above, will result in a refund of the price corresponding to the product(s) effectively returned.

The time of deposit of amounts derived from returns into the user’s account will depend on the corresponding banking entity.

5. PERSONAL DATA PROTECTION

Bodegas Peñafiel will process your data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; and with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

You can consult the privacy and cookie policy at the bottom of the main page of the Bodegas Peñafiel website or at the link (include link to Privacy Policy).

Before formalizing each purchase, users must read and accept the privacy policy and the use of their data.

The data that users provide in the Bodegas Peñafiel online store will have the purpose of managing purchases and product deliveries (in which case the legitimacy will be derived from the contractual relationship and/or legitimate interest and/or consent); and sending commercial communications about the winery’s products (in which case the legitimacy will be derived from legitimate interest and/or consent).

The only data transfer that will be made is to the corresponding transport company, for the sole purpose of delivering the products purchased by the users.

The banking data provided by users will not be stored by Bodegas Peñafiel as it is directly routed to the banking gateway. The winery can only access it to make refunds of amounts that may arise under the conditions described herein.

6. APPLICABLE LAW. SUBMISSION TO JURISDICTION.

The product purchase contracts will be governed by Spanish legislation, which will apply to matters not covered herein. Any disputes arising from the contracting of products through the Bodegas Peñafiel online store will be submitted to the competent jurisdictional bodies determined by Spanish Law.

If you do not agree with the terms and conditions, you can fill out the withdrawal form and send it to marketing@bodegaspenafiel.com