TERMS OF SALE OF ECOLOGICS BONASTRE, S.L. FOR "PC EXTRA"
In Bonastre, Tarragona, Spain, on 20 February, 2017
PARTIDA CREUS - Ecologics Bonastre, S.L.
Polígono 3, Parcela 95. 43884 Bonastre - Tarragona. España
Tel: +34 629 308 964.
ECOLOGICS BONASTRE, S.L. is the owner of the website "http://partidacreus.com", where they are providing an offer of their products and services to their CUSTOMERS.
Our product is characterized by its production using local varieties native to the Baix Penedés and will have a variable alcohol content between 11% and 13% depending on the soil and climate for our three references for PC EXTRA (white, red, and sparkling)
The acceptance of these terms of sale, does not entail, for either of the parties, the capacity to represent the other. In this regard, neither party will be able to act or commit on behalf of the other, with each one being the sole and exclusive responsible party for the established aims set forth in these terms of sale.
On the other hand, in the event that the CUSTOMER does not comply with these terms of sale, ECOLOGICS BONASTRE, S.L. reserves the right to temporarily or permanently cease access to the service to the CUSTOMER, and may immediately terminate the contractual relationship, without the need for prior notice or compensation in favor of the CUSTOMER.
2. Validity of the Terms of Sale
The duration of this contract will be 3 years (2018, 2019, 2020), valid from the signing thereof.
3. Access to the Service>
The procedure for accessing the purpose of this contract by the CUSTOMER will be done by the CUSTOMER consulting and participating directly from the website "http://partidacreus.com"
4. Conditions relating to transactions carried out through:
4.1 Conditions relating to the price of the products
The prices of the products will be the exclusive responsibility of ECOLOGICS BONASTRE, S.L. This price will be shown in Euros on the website, including Spanish taxes and other expenses (excluding transportation costs). In relation to the shipping costs of the products, these will be indicated, in a general manner, by ECOLOGICS BONASTRE, S.L.
These prices are per shipment of one case:
- Germany: 17€
- Belgium: 54€
- Slovenia: 32€
- Holland: 42€
- Italia: 32€
- Switzerland: 72,05€
- UK: 63,44€
The CUSTOMER may choose between these prices and those offered by courier DHL, which can be found at https://partidacreus.smoolis.c...
All taxes that are levied on the product in the CUSTOMER'S country will be the responsibility of the CUSTOMER.
Orders placed on our store are subject to 21% Spanish VAT. This satisfies any VAT requirements for customers within the EU, even if these differ from the Spanish.
Some countries apply extra tax charges to wine shopping from other countries. Please check the full list of the excise duty rates applicable in the EU for further info.
4.2. Conditions of commercialization of the products
4.2.1 - Orders of the products requested by the CUSTOMER will be delivered directly by the TRANSPORTATION COMPANY, with all the documentation and proper labeling, to the address of the CUSTOMER.
The delivery time will be that set by the TRANSPORTATION COMPANY, starting from the date of the order.
It will be the responsibility of ECOLOGICS BONASTRE, S.L. for the logistics management of preparation and delivery of the same to the TRANSPORTATION COMPANY agreed by the CUSTOMER. The CUSTOMER will be responsible for transporting the products, in accordance with the agreement with the TRANSPORTATION COMPANY.
The CUSTOMER will pay ECOLOGICS BONASTRE, S.L. the amount of the invoice, and will pay the TRANSPORTATION COMPANY the amount of the delivery service for the products.
4.3. Obligations regarding the delivery of the Products.
4.3.1 - The TRANSPORTATION COMPANY will be responsible, on behalf of the CUSTOMER, for the physical delivery of the products to the CUSTOMER'S address, within the following periods:
- EXTRA White: will be ready before the end of August 2018, 2019 and 2020.
- EXTRA Red: will be ready before the end of June 2018, 2019 and 2020.
- EXTRA Sparkling: will be ready before the end of June 2018, 2019 and 2020.
- EXTRA Sampler: will be ready before the end of August 2018, 2019 and 2020.
4.3.2.- Delivery will be made within the approximate time period indicated in the order confirmation, starting from the receipt of the products and, considering this date as the date of completion of manufacturing, delivering the goods to the designated TRANSPORTATION COMPANY for the CUSTOMER.
4.3.3.- The TRANSPORTATION COMPANY will be accountable to the CUSTOMER, due to the possible failure to deliver the products to the CUSTOMER.
Eventual delays do not entitle the CUSTOMER to cancel the order, or claim any interest, damage or injury, unless otherwise agreed in writing by both parties.
4.3.4.- The responsibility and/or risk of the products will correspond to the TRANSPORTATION COMPANY until the physical delivery to the CUSTOMER occurs. Therefore, any breakage, loss or theft that may occur to the products before the physical delivery of the product to the CUSTOMER, will be assumed entirely by the TRANSPORTATION COMPANY.
5. Claims and cancellations of product.
The loss or deterioration of the merchandise, occurring after the transfer of the risk to the CUSTOMER, will not release the CUSTOMER from their obligation to pay the agreed price.
ECOLOGICS BONASTRE, S.L. will not be involved or responsible in any dispute or litigation between the CUSTOMER and the TRANSPORTATION COMPANY.
6. Early termination of the contract.
Either party may terminate the contract by written notification that guarantees confirmation of receipt, in case of serious breach by the other party of its contractual obligations or in exceptional circumstances that justify an early termination.
Likewise, ECOLOGICS BONASTRE, S.L. may terminate the contract unilaterally, in cases of force majeure, that is, in those cases which could not have been foreseen, or which, provided, were unavoidable, such as, among others, natural catastrophes, plagues, fires or floods caused by third parties or by nature.LSSICE
If the CUSTOMER rejects the order, ECOLOGICS BONASTRE, S.L. will have the right to receive compensation for the damages and losses caused. In case of termination, with just cause, by ECOLOGICS BONASTRE, S.L., the CUSTOMER will receive the amount paid for the order placed.
7. Payment and Reservation of Property.
ECOLOGICS BONASTRE, S.L. reserves the right to determine, in each case, the specific form of payment, as well as the right to claim the full amount owed without prior notice and apply the interest for late payment to the current legal interest rate set by the European Central Bank.
ECOLOGICS BONASTRE, S.L. reserves the right to cease the supply if any of the acquired payment commitments have been breached. The place of delivery is indicated in the order confirmation. ECOLOGICS BONASTRE, S.L. reserves its right to ownership of the product in case of total or partial non-payment of the order. If the CUSTOMER rejects the delivery without our prior approval, the resulting expenses or damages will be the responsibility of the CUSTOMER, including storage, until their acceptance.
8. Intellectual and industrial property.
ECOLOGICS BONASTRE, S.L. guarantees that it is the owner or licensee of all rights of industrial property, intellectual, and/or image rights over all products, brands, images, texts that contribute in compliance with this contract. Likewise, it guarantees that the products are already legally present in the market.
9. Protection of Personal Data.
ECOLOGICS BONASTRE, SL, in compliance with Law 34/2002, from July 11, on Information Society Services and Electronic Commerce (LSSICE), and Organic Law 15/1999, from December 13, Protection of Personal Data (LOPD), informs you that your personal data will be included in files owned by ECOLOGICS BONASTRE, SL, whose purpose is the management of suppliers, CUSTOMERS, fulfillment of contracted services, CUSTOMER commercial tracking and other commercial communication actions. Such personal data may be shared by ECOLOGICS BONASTRE, S.L. with third parties, only and exclusively, in the case of having to attend to a claim due to the violation of intellectual and industrial property rights by the buyer.
To exercise the rights of access, rectification, cancellation and opposition provided for in the law, you can contact ECOLOGICS BONASTRE, S.L. at the address email@example.com or at firstname.lastname@example.org.
ECOLOGICS BONASTRE, S.L. and the CUSTOMER accept that the content of these terms and all information of a commercial nature that is communicated between the parties, during the validity of this contractual relationship, will be considered confidential information.
ECOLOGICS BONASTRE, S.L. and the CUSTOMER commit to keeping all confidential information in the strictest discretion and not use it for any purpose, even if the commercial relationship comes to an end, unless authorized by any of the parties or in those cases in which the parties are obliged legally to provide such information.
11. Partial nullity.
If one or several stipulations of the present General Conditions of Contract are considered invalid or declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other stipulations shall retain all their force and full scope.
12. Resolution of disputes and determination of the applicable Law.
In case of discrepancy regarding the validity, execution, or interpretation of this agreement, the parties undertake to resolve it amicably. However, in the event that the parties do not reach an agreement through negotiation, the parties agree that any litigation, discrepancy, question or claim resulting from the execution or interpretation of this contract or related to it, directly or indirectly, will be resolved definitively through arbitration in the Arbitration Court of the Chamber of Commerce of Barcelona (Spain), which is entrusted with the administration of the arbitration and the appointment of the arbitrators, in accordance with its Regulations and Statute, which will be resolved by applying Spanish law, in accordance with the provisions of Article 3 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ("Rome I Regulation").