CONDITIONS OF WEB SALE
Through its WEBSITE; roquers.com, owned by Celler del Encastell SCP, hereinafter referred to as the website administrator. Due to the content and purpose of the WEBSITE, individuals who wish to obtain information or purchase the products offered on this site must register in the USER/CLIENT form. This is done by completing the REGISTRATION form, and their data will be included in an automated file for protection as outlined in the Royal Decree-Law of July 27, adapting Spanish law to EU regulations, specifically Article 13 of the General Data Protection Regulation-UE-2016/679 of the European Parliament and Council of April 27, 2016, and the LOPD-3/2018, guaranteeing digital rights, the applicable E-Commerce Law 34/2002, LSSI-CE, the Royal Decree 1906/1999, on Telephone or Electronic Contracts, and Law 26/1984 of July 19, on Consumer and User Protection.
In accordance with Article 6(f) of the GDPR-UE-2016/679, and the LOPD-3/2018, guaranteeing digital rights, Article 7, states that the interests or fundamental rights and freedoms of the data subject require the protection of their personal data, particularly when the data subject is under 14 years old, as they cannot give consent for an online business to collect their personal data. Only their legal representatives (parents or guardians) can do so on their behalf, unless the minor is at least 16 years old, in which case their consent is valid.
1. INFORMATION ABOUT WEB CONTENT.
The WEBSITE: http://roquers.com, managed by Celler del Encastell SCP, hereinafter Celler del Encastell, is dedicated to wine production, with products related to this sector.
ORDER TRACKING: You can track your orders by logging in with your customer password in the My Orders section.
For Celler del Encastell, each user of this site is a potential customer deserving of products that meet their expectations.
2. PRODUCT PRICES.
The prices displayed on the WEBSITE include VAT on all products, and the shipping cost will depend on the distance, a fee that will be reflected at the time of purchase acceptance in the MY CART section.
3. ORDER FORMALIZATION
Once the order is finalized, i.e., with the acceptance of the sales conditions and terms of use and the confirmation of the purchase process in the MY CART section, the website administrator roquers.com will always send a notice or email to the USER/CLIENT, confirming the details of the purchased products.
4. PAYMENT METHOD.
The USER/CLIENT will pay the amount at the time of placing the order.
The USER/CLIENT must pay the amount corresponding to their order by credit card or BANK TRANSFER.
The USER/CLIENT must notify the website administrator of any improper or fraudulent charges on the card used for payments, by email or phone, as soon as possible so that the administrator can take the necessary actions.
5. DELIVERY LOCATION, TIMEFRAMES, AND LOSSES:
Delivery times will depend on the distance, by courier as indicated in the description of each product, though a delay in delivery will not be a reason for penalty.
The website administrator will not be responsible for errors caused in delivery when the delivery address entered by the USER/CLIENT in the order form does not match reality or has been omitted.
Timeframes may vary due to logistical reasons or force majeure. In cases of delivery delays, the website administrator will inform their USERS/CLIENTS as soon as they become aware of them.
Each delivery is considered made from the moment the courier agency makes the product available to the USER/CLIENT, as evidenced by the tracking system used by the transport company.
Delays in delivery will not be considered in cases where the order has been made available to the USER/CLIENT by the carrier within the timeframe and could not be delivered due to reasons attributable to the USER/CLIENT.
5.1. DELIVERY DATA, UNDELIVERED DELIVERIES, AND PRODUCT LOSSES.
If at the time of delivery the USER/CLIENT is absent, the courier will leave a notice indicating how to proceed to arrange the delivery. The website administrator includes in the courier delivery service a series of follow-up actions aimed at ensuring the delivery is completed.
If after 7 days from the start of the delivery process the delivery has not been arranged, the USER/CLIENT must contact the website administrator.
If the USER/CLIENT does not do so, after 10 business days from the start of the delivery process, the order will be returned.
If the reason for the undelivered order is the loss of the package, Celler del Encastell will initiate an investigation, which will delay the order's delivery, a situation that the administrator will resolve with the customer.
5.2. DELIVERY DILIGENCE.
The USER/CLIENT must inspect the condition of the order in the presence of the courier, who is delivering the product on behalf of the website administrator. Any anomalies detected in the order should be noted on the delivery receipt.
If, after reviewing the products, the USER/CLIENT finds any issues such as signs of tampering or damage caused during shipping, they are committed to notifying the website administrator as soon as possible, within 24 hours of delivery, via email: roquers@roquers.com, or by phone: 630941959.
6. RETURN
6.1. RETURN PROCEDURE
All products purchased on the administrator's website can be returned and refunded, provided that the USER/CLIENT communicates their intention to return the purchased product(s) within 15 days of receiving the product.
The website administrator will only accept returns that meet the following requirements:
• The product must be in the same condition as when it was delivered and must retain its original packaging and labeling.
• The shipment must be made using the same box or wrapping in which it was received to protect the product.
• If the original packaging is not available, the USER/CLIENT must return the product in a protective wrapping to ensure it arrives at the website administrator's company in the best possible condition.
• Refund for items not specifically ordered out of catalog, if desired.
• A copy of the delivery receipt must be included inside the packaging, marking the returned products and the reason for the return.
If the return reason is attributable to the website administrator (e.g., incorrect or incomplete product, not as ordered, etc.), the return amount will be refunded. If the reason is other than that, the cost of return shipping will be borne by the USER/CLIENT.
To proceed with a return, the following steps must be followed:
• Notify within 24 hours of delivery and no later than 15 days, indicating the product to be returned. This information can be provided by phone: 630941959, or by email: roquers@roquers.com.
• The USER/CLIENT must return the products using the same method as delivered or through a courier service of their choice. The return shipping cost must be paid by the USER/CLIENT, or delivered personally to our address.
• Inform the website administrator of the return method used, including the date of the return.
7. REFUNDS TO THE USER/CLIENT
The website administrator will process the return order using the same payment method that was used for the purchase. The application of the refund to the USER/CLIENT's account or card will depend on the card and issuing entity. The processing time can be up to 30 days for credit cards.
8. PRIVACY POLICY
Celler del Encastell informs users of their right to exercise the rights of access, rectification, opposition, suppression, limitation, and portability, allowing users to obtain a copy of their personal data provided on the website to transmit it to other services. These rights can be exercised by any means that provides proof of sending and receipt to the following address: Castell 7, Postal Code: 43739, Locality: Porrera, Province: Tarragona, Email: roquers@roquers.com, including a photocopy of the ID or alternative documentation that proves their identity.
TERMS AND CONDITIONS OF USE
These terms and Conditions of Use govern the use of the WEBSITE: http://roquers.com, owned by Celler del Encastell SCP, with NIF: B64093693, located at Castell 7, Postal Code: 43739, Locality: Porrera, Province: Tarragona.
Through its WEBSITE: http://roquers.com, Celler del Encastell SCP, hereinafter referred to as Celler del Encastell, is the administrator of the website. Due to the content and purpose of the WEBSITE, individuals seeking information or to purchase our products must register in the USER/CLIENT form, which is obtained by completing the REGISTRATION form. Their data will be incorporated into an automated file in accordance with RD-Law 5/2018 of July 27, adapting Spanish Law to European regulations, Article 13 of the General Data Protection Regulation (GDPR-UE-2016/679) of April 27, 2016, and Organic Law 3/2018 on Personal Data Protection and the guarantee of Digital Rights.
1. INFORMATION ABOUT THE WEBSITE
The WEBSITE: http://roquers.com, managed by Celler del Encastell, is dedicated to XXXXXX-A-TO-WHAT-IT-IS-DEDICATED, offering quality products related to the winery.
2. AVAILABILITY
The website administrator will do everything possible to resolve all inquiries and requests from USERS/CLIENTS as quickly as possible.
However, occasionally, due to factors beyond the control of the website administrator, such as human errors or IT system issues, the response time to USERS/CLIENTS may differ from the initial request made by the website administrator to fulfill the USERS/CLIENTS' orders.
If the service becomes unavailable or cannot be completed after a reservation has been made, the USER/CLIENT will be informed by email about the total cancellation.
3. SECURITY
The website administrator employs the highest commercially available security measures. Additionally, the payment process is conducted on a secure server using SSL protocol. The secure server establishes a connection so that information is transmitted encrypted with 128-bit algorithms, ensuring that it is only intelligible to the USER/CLIENT's computer and the WEBSITE. By using SSL protocol, it guarantees:
1. That the USER/CLIENT is communicating their data to the website administrator's server and not to any other entity attempting to impersonate it.
2. That data transmitted between the USER/CLIENT and the website administrator's server is encrypted, preventing potential reading or manipulation by third parties.
CERTIFICATES OF COMPLIANCE WITH LSSI-CE AND DATA PROTECTION
Celler del Encastell, the owner of the roquers.com site, complies with current data protection regulations and the LSSI-CE.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The website administrator holds all rights to the content, design, and source code of this website, http://roquers.com, including but not limited to photographs, images, texts, logos, designs, trademarks, trade names, and data included on the site.
USERS/CLIENTS are advised that these rights are protected by Spanish and international intellectual and industrial property legislation, RD-Legislative 1/1996 of April 12.
Furthermore, the content of the WEBSITE is also considered computer software and thus is subject to all applicable Spanish and European community regulations on this matter.
Reproduction, either total or partial, of this website or any of its contents without the express written permission of the website administrator is strictly prohibited.
Furthermore, copying, reproducing, adapting, modifying, distributing, commercializing, publicly communicating, and/or any other action that involves an infringement of current Spanish and/or international intellectual and/or industrial property laws, as well as using the contents of the website without the prior express written authorization of the administrator, is totally prohibited.
The website administrator informs that no implicit license or authorization is granted concerning intellectual and/or industrial property rights or any other rights or property related, directly or indirectly, to the contents included in the WEBSITE: http://roquers.com.
Only the use of the web domain contents for informational and service purposes is authorized, provided that the source is cited or referenced. The user is solely responsible for any misuse of these contents.
5. ACCESS AND STAY ON THE WEBSITE
5.1. OUR CONTENT
USERS/CLIENTS are entirely responsible for their conduct while accessing the information on the WEBSITE, both during navigation and after accessing it.
As a result, USERS/CLIENTS are solely responsible to the website administrator and third parties for:
1. The consequences that may arise from using any content on the WEBSITE, whether created by the website administrator or not, published or not under its official name, for unlawful purposes or contrary to this document.
2. The consequences that may arise from using the content contrary to this document and detrimental to the interests or rights of third parties, or that may in any way damage, disable, or deteriorate the WEBSITE, or its services, or prevent other users from enjoying it normally.
The website administrator reserves the right to update the content when deemed appropriate, as well as to remove, limit, or block access to it, either temporarily or permanently, and to deny access to the WEBSITE to USERS/CLIENTS who misuse the content and/or breach any of the terms and conditions in this document.
The website administrator does not guarantee:
1. That access to the WEBSITE and/or linked websites will be uninterrupted or error-free.
2. That the content or software that USERS/CLIENTS access through the website or linked websites will be free from errors, computer viruses, or other elements in the content that may cause alterations to their system or electronic documents and files stored on their system or cause other types of damage.
6. OUR RESPONSIBILITY
For the use that USERS/CLIENTS make of the materials on the WEBSITE or linked websites, whether prohibited or permitted, in violation of intellectual and/or industrial property rights of the WEBSITE contents or those of third parties.
For any damages caused to USERS/CLIENTS by the normal or abnormal operation of search tools, organization, or location of content and/or access to the WEBSITE, and, in general, any errors or problems arising from the development or implementation of technical elements provided by the WEBSITE or a program facilitating the USER/CLIENT.
For the contents of those pages that USERS/CLIENTS may access from links included on the WEBSITE, whether authorized or not.
For the acts or omissions of third parties, regardless of whether these third parties may be linked to the website administrator through a contractual relationship.
The website administrator will not be responsible in any case when:
• Errors or delays occur in accessing the WEBSITE by the USER/CLIENT, when entering data in the service order form, slow or failed reception of order confirmation by recipients, or any anomalies that may arise due to Internet network issues, fortuitous events, force majeure, or any other unforeseen circumstance beyond the good faith of the website administrator.
• Errors or issues occur in communications, deletion, or incomplete transmissions, meaning that the website services cannot be guaranteed to be constantly operational.
• Errors or damage are caused to the website due to inefficient and bad faith use of the service by the USER/CLIENT.
• The non-operability or issues with the email address provided by the USER/CLIENT for sending the service order confirmation.
In any case, the website administrator is committed to addressing problems that may arise and providing all necessary support to the USER/CLIENT to achieve a quick and satisfactory resolution of the issue.
Additionally, the website administrator has the right to carry out promotional campaigns at defined intervals to encourage the registration of new members in their service.
The website administrator reserves the right to modify the terms of promotions, extend them by duly communicating, or exclude any USERS/CLIENTS from the promotion if any anomaly, abuse, or unethical behavior in their participation is detected.
7. PRIVACY POLICY
USERS/CLIENTS commit to browsing the WEBSITE and using its content in good faith.
In compliance with the provisions of the Royal Decree-Law 5/2018, adapting Spanish Law to EU regulations, the General Data Protection Regulation (GDPR) EU-2016/679, and the LOPD-3/2018 for the guarantee of digital rights, we inform you that completing any form on the WEBSITE http://roquers.com or sending an email to any of our addresses implies acceptance of this privacy policy, as well as authorization for the website administrator to process the personal data you provide, which will be included in a file under the responsibility of the Data Controller and/or website administrator.
The USERS/CLIENTS data will be used for sending online and physical management communications performed by the website administrator, as well as for the delivery of purchases.
Simply visiting the WEBSITE does not require USERS/CLIENTS to provide personal information nor are they obligated to do so.
The website administrator is committed to maintaining the utmost confidentiality and privacy regarding the information provided and will use it solely for the purposes indicated.
The website administrator assumes that the data has been entered by its owner or by a person authorized by them, and that it is correct and accurate.
This data will be entered into an automated file under the responsibility of Celler del Encastell, with the purpose of facilitating, expediting, and fulfilling the commitments established between both parties.
Furthermore, Celler del Encastell informs about the possibility to exercise the rights of access, allowing users to know what personal data the website administrator holds and respond within 30 days, as long as the data is retained; rectification, to correct errors, modify inaccurate or incomplete data, and ensure the accuracy of information; opposition, to request and achieve the cessation of data processing; suppression, to delete inadequate or excessive data; limitation, to request restriction on data processing after exercising the right to rectify personal data; and portability, to obtain a copy of the personal data provided to transfer it to other services. These rights can be exercised by any means that provides proof of sending and receipt to the address: Castell 7, Código Postal: 43739, Localidad: Porrera, Provincia: Tarragona, Correo electrónico: roquers@roquers.com, providing a copy of the ID or alternative documentation proving identity.
Unless otherwise communicated, we will assume that your data has not been modified, that you commit to notifying us of any changes, and that we have your consent to use it to maintain the relationship between the parties.
The submission of your data via our website forms will be subject to mandatory acceptance of the Terms of Use, via a mandatory checkbox at the bottom of the form.
In accordance with Law 34/2002 on Information Society Services and Electronic Commerce, Article 21, we request your consent to send advertising communications that may be of interest to you, via email or any other equivalent electronic communication method. You can grant or deny this consent with a mandatory checkbox at the bottom of the form.
To modify, update, or cancel your personal data, the USER/CLIENT should email from their account to: roquers@roquers.com, with the subject.
Therefore, the USER/CLIENT is responsible for the accuracy of the data, and the website administrator will not be liable for the inaccuracy of USERS/CLIENTS personal data.
In accordance with current data protection legislation, the website administrator has adopted appropriate security measures for the data provided by USERS/CLIENTS and has installed all means and measures within reach to prevent loss, misuse, alteration, unauthorized access, and extraction of the data.
8. NULLITY
In the event that any clause of these terms and conditions of use is declared null, the remaining clauses shall remain in force and shall be interpreted in accordance with the parties' intent and the purpose of these terms and conditions.
The website administrator may choose not to exercise any of the rights and powers granted in this document, which shall not imply a waiver of the same unless expressly recognized by the website administrator or the expiration of the action corresponding in each case.
9. MODIFICATION OF TERMS AND CONDITIONS OF USE
The website administrator reserves the right to modify, at any time, the presentation and configuration of the WEBSITE, as well as these terms and conditions of use.
Therefore, the website administrator recommends that the USER/CLIENT read the terms and conditions of use carefully each time they access the WEBSITE. The USERS/CLIENTS will always have these terms and conditions of use available in a visible location, freely accessible for any inquiries they may have.
10. APPLICABLE LAW AND ARBITRATION
These terms and conditions of use are governed by the applicable Spanish legislation. To resolve any dispute or conflict arising, the parties submit to the jurisdiction of the courts of the judicial district of Porrera, the city of origin of the company owning the WEBSITE, unless the law imposes another jurisdiction.
