Nature of the contract

Through this contract, La Espontánea – Michele Berto (with registered office at Plaza Maragall 13, ático 1ª in Barcelona and NIF X-9298656D) sells to the client (any natural or legal person with whom La Espontánea signs any contract for the sale of its catalog) and the latter buys to La Espontánea the product specified in the invoice. The term “contract” is understood to be the sale and purchase transaction that is implemented through this document. “Product” is understood to be the merchandise that is the object of the purchase contract.

All product orders accepted by La Espontánea are in accordance with the following general conditions of purchase and sale that will form part of the purchase and sale contract. The acceptance of the products will imply the acceptance of these general conditions of sale.

In order to place an order or reservation on La Espontánea website, it is necessary to be registered on the website.

Pricing and availability policy

La Espontánea reserves at any time and unilaterally the right to modify the price of the products and services offered through its website. To guarantee the customer the certainty and security of the price of their products, this will be the one in force in the advertising coinciding with the time of formalizing the order.

The information on the final price or retail price of the product to be purchased is reflected in the final cost to the customer including VAT (if applicable), shipping costs, merchandise insurance and handling derived from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before he formalizes his acceptance by choosing the “order acceptance” option.

Possible discounts or promotional gifts will be freely directed by La Espontánea to the groups designated at any given time, or depending on the product offered, according to the existing advertising at any given time on its website.

La Espontánea does not assume responsibility for any typographical or arithmetic error that may appear on the page.

The information on the product offered to the customer includes the technical characteristics, description, manufacturer’s brand and an indicative photograph.

La Espontánea does not guarantee the total availability of the entire product catalog at the time of purchase. In the event that the product is out of stock or there is a change in its vintage, we will contact the customer as soon as possible to report the products not available for shipment and their possible solution.

Order acceptance

At the time of formalization of the order, once the order acceptance option has been used, the client’s consent is understood to have been given for the validity and effectiveness of the sale contract that binds the parties. La Espontánea will electronically store the order, except for a reasonable typographical error, in which case the order cannot be processed.

After accepting the order, La Espontánea will inform the client of the same by sending the order confirmation and also sending the current general conditions of La Espontánea to the email indicated by the client.

The commitment acquired by La Espontánea for the sale and delivery of the merchandise offered is subject to the stock of the advertised product and its availability until the end of stock, for which La Espontánea, in its commitment to quality and customer service, tries at all times that the advertised products are made available. However, in the event of exceptional circumstances such as abusive order, interactive multi-order or those others that cause the end of stock of the product, the order and the contract signed between the parties will be rendered ineffective by virtue of this resolution clause, fully restoring the customer the amounts paid for it in case of prepayment.

Payment

The payment of the product will be made in one of the following ways: bank transfer, card payment (Visa, Mastercard, American Express, Discover, Diners Club, JCB) or through PayPal’s platform.

La Espontánea will deliver the corresponding invoice via email after the order has been sent.

When paying by card, when the customer presses the “ACCEPT” button during the order confirmation, the bank verifies the validity of the card number and checks that it is not blocked. The charge to the card will be made at the time of purchase.

La Espontánea does not have access to bank details nor does it save them on its servers. For this reason, the customer must provide the data again each time he makes a new transaction on our website. In this way, you get double protection against abuse and fraud.

All purchase transactions are carried out within a strict framework of confidentiality and encryption thanks to the SSL protocol. Thus, La Espontánea guarantees the confidentiality of the data provided by the client by means of encryption, avoiding its communication to third parties outside the legal relationship, in accordance with the provisions of Law 15/99 on the Protection of Personal Data. Randomly, to reinforce security and to verify the reliability of the data provided when placing an order, the company may request additional data from the customer (such as a copy of the ID or proof of address less than three months old) that allow to verify that the purchase has been made by the cardholder. The document must be sent within a period of five business days, with La Espontánea reserving the right to reimburse said order if it does not receive the requested documents or if they are not valid.

Likewise, La Espontánea reserves the right to cancel or reject any order from a client with whom it has a dispute regarding the payment of a previous order.

This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to minors under 18 years.”

Shipping

Shipping costs will vary depending on the weight of the products purchased. You will be able to know exactly the amount of the shipping costs corresponding to your order directly from our website before confirming your order.

Orders with a Spain mainland destination are usually delivered within a maximum period of 24/72 working hours from the moment it is dispatched from our facilities.

Orders destined for the Balearic Islands and other EU countries are delivered within an estimated period of 4-6 working days from the moment they are dispatched from our facilities. Depending on the transport service selected and the destination country, times may vary significantly.

All orders are managed until 2:00 p.m. on weekdays so that they generally leave by transport the day after those that we have in stock. Orders by bank transfer that are not be processed until confirmation of payment are excluded. Orders received on Friday, Saturday and Sunday are not processed until the next business day.

In the event of specific problems in transport due to external causes, the client will be informed.

Delivery

The order will be delivered to the address designated during the order. The subsequent modification of the place of delivery requested by the client will only be possible before the order leaves our premises. The modification of the delivery address once the order has been delivered to the carrier will not be possible unless the client bears the costs and it is expressly agreed between the parties. The merchandise will be delivered to the customer by a transport company, together with a delivery note in which the data that allow the customer to be identified, the order number and the number of packages that make up the shipment will be entered.

Important: In case of detecting any anomaly at the time of delivery (lack of packages or visible damage), the recipient must indicate this on the delivery note before signing it and notify it immediately in writing to hola@laespontanea.wine. The customer has 24 hours to claim any incident related to the delivery or possible content error. In order to be entitled to a claim, you must keep the original packaging in which the products have arrived.

La Espontánea undertakes to replace any product not received or received damaged during transport provided that the claim is made within the period and conditions established above. If replacement with the same product is not possible, the customer may choose another product with a similar price or request a refund of the amount paid for it.

In the event of loss or loss of part or all of the order, La Espontánea will proceed to claim the shipment from the transport company but must wait a reasonable period for the agency to locate it before proceeding to replace it. The maximum waiting period will be 7 calendar days from the notification of the incident by the client.

Cancellations and returns

Orders can be canceled at no cost until the moment the shipment becomes effective. If we receive notice of cancellation once the package is already sent, it will be considered a return. For returns, the customer has a maximum period of 14 calendar days from the date of delivery of the order to send the products to our warehouse. Return shipping costs are paid by the customer.

You will not be able to exercise the right of return when there are indications that the products have been opened, manipulated or exposed to inappropriate conditions. It is mandatory to return properly protected products, in their original packaging, in perfect condition for later sale.

Any package that lacks any of the sender’s identification elements (name, surname, address, order number) cannot be accepted.

Returns that are derived from our error or from a product defect are excluded from this case. In this case, La Espontánea will pay the return and shipping costs. In the event that the change could not be made, the amount will be refunded.

To make a return effective, you must contact La Espontánea in writing at hola@laespontanea.wine.