Terms and conditions of the service
- General conditions
The General Conditions of the service (hereinafter “General Conditions”),regulate the conditions of purchase of the products marketed through the Website www.bodegasnoc.com
(hereinafter Website), whose registered office is located at Calle Orgaz, 12, 45460,
Manzaneque, Toledo, Tax Identification Number (N.I.F.) B45447430 and email
info@noc.aperitivea.com, and is registered in the Mercantile Registry of Madrid,
Volume 25986, Page 19, Sheet M-468422. Entry 2.
The use of the services of the Website and the acquisition of any of its products, implies the
User’s acceptance, without reservations of any kind, of each and every one of these General
Conditions. The registration on the Website and the use of the services entails that your data as a User will become part of the files of Bodegas NOC, and its processing will be in conformity with the provisions of our Privacy Policy, which the User expressly declares to know and accept, giving their consent.
This Website contains information about Bodegas NOC and offers the possibility of purchasing the products that are elaborated in the winery, such as wines, oil and honey, as well as other services, including face-to-face tastings or online tastings.
The present General Conditions, along with the Legal Notice and the Privacy Policy of the Website, are the only conditions applicable for the use of the portal and the purchase of products through the website and it replaces any other conditions, except those agreed upon prior and in writing between Bodegas NOC and the User. Consequently, the User who accesses the Website, registers on it and purchases products through it, agrees to submit to and is bound by the General Conditions of service, the Legal Notice and the Privacy Policy as they appear at the time the Website is accessed.
Any User who agrees to use the Website must be at least eighteen (18) years old.
- Information related to the products
The photographs, graphic or iconographic representations and videos related to Bodegas NOC Products, as well as the trade names, trademarks or distinctive signs of any kind contained on the Website, belong to Bodegas NOC and their commercial use and/or reproduction is forbidden.
Bodegas NOC reserves the right to decide, at any time, the products that are to be offered to the Users through the Website. For this reason, Bodegas NOC may at any time add new products to those included on the Website, as well as exclude products from sale. Therefore, it is understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions that are in force at that time.
Furthermore, Bodegas NOC reserves the right to stop providing access, at any time and without prior notice, to any of the products that are offered on the Website.
In the event of a product not being available, due to force majeure circumstances, after the purchase has already been made, Bodegas NOC will inform the User by email of the total or, where appropriate, the partial cancellation of the order. The partial cancellation of the order does not entitle the cancellation of the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in conformity with the provisions of these
General Conditions.
- Product purchase system
The services provided by Bodegas NOC are available to users over 18 years of age who can fulfil legal contracts under the corresponding law. The User guarantees that they are at least
18 years old and that all the information they have registered on the Website is accurate and truthful. Bodegas NOC may, at its discretion, deny access or use of the Website to any person or entity.
Any User interested in purchasing the products of our winery through the web must register as a Registered User, creating an account through a simple form before the purchase process, or as a Guest User. In both cases, the User must check the box in conformity with our privacy policy.
The username, email address and password provided to Bodegas NOC are the identifying elements that are used to access and make purchases, and are personal and non-transferable. Therefore, you must keep the password under your sole responsibility, in the strictest and absolute confidentiality, assuming, thus, the amount of damages and/or losses of all kinds a third party could cause, derived from a breach or disclosure, or a misuse, as a consequence of the breach of their duty of custody. In conformity with the provisions of the General Data Protection Regulation (RGPD), we inform you that the person responsible for processing the personal data that you provide us through our Website, by telephone or by email is Bodegas NOC. Usernames, passwords and email addresses can be modified, and consequently, the password, username and/or email address that have been modified will lose their validity.
To purchase any of our products, the User must add the product(s) that you wish to purchase to your shopping cart. When this process has been completed, the User must go to the shopping cart page and press the “Finish” icon.
On the shopping cart page, a summary with the products that are going to be purchased will be shown, and in this same step, the User will have to fill in their shipping information, the chosen payment method and whether they have a discount coupon. Finally, the User must press the “Pay purchase” icon.
When the purchase process has been completed, Bodegas NOC will send an email to the
User within twenty-four (24) hours following its completion, using the email that has previously been provided, confirming the receipt of the order. The order confirmation sent by
Bodegas NOC will not be valid as an invoice, and is only valid as proof of purchase. When the order leaves our warehouse, the User will receive a second email indicating the delivery time of their order. The User will receive an invoice for their order once it has been received at the indicated address.
- Prices of the products
The prices of the products that are offered on the Website include all applicable taxes. The shipping costs of the products will be borne by the buyer, provided that they do not exceed 60 € of purchase, in which case the shipping costs are free. This information will appear in detail on the shopping cart page.
Bodegas NOC may modify the prices of the products that are on the Website at any time without prior communication. The products will be invoiced at the price that is registered on the Website at the time of purchase.
Prices may vary from one channel to another, and there may be, for instance, price differences between the prices on the Website and in physical stores. There also may be promotions that only affect one of the channels. Each channel (store) reserves the right to carry out its own promotions.
- Payment of the products
The payment of the cost of the products that have been purchased and the shipping costs can be made through the Bodegas NOC Gateway by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS), by virtual POS or through the Paypal system.
To proceed with the payment, the User must follow the instructions that appear on the screen, which depend on the payment system that has been selected. In order to use the credit card through a virtual POS, the buyer must fill in a form indicating the name of the cardholder, the type of card, its expiration date and its security code.
Bodegas NOC does not have access to the bank data related to the means of payment and does not know or record this data during the payment operation.
- Delivery of the products
Bodegas NOC will inform the User of the estimated delivery times of the order during the purchasing process. The referred terms are only an estimate and refer to working days.
Bodegas NOC will deliver the products that have been purchased by the User within 48 hours and within a maximum period of 30 calendar days following the confirmation date of the order that has been placed through the Website. The delivery time that is informed in the order is informative, and is not contractual. The delivery will be made to the address that has been provided by the User in the registration of the Website. No deliveries will be made to
Ceuta, Melilla, the Canary Islands, Ireland, Cyprus or the Balearic Islands.
Bodegas NOC will not be responsible for errors or damages caused in the delivery when the delivery address that the User has provided does not correspond to the desired address or is incorrect. Furthermore, Bodegas NOC reserves the right to claim a new postage payment from the user if the incorrect address entails a transport surcharge.
- Withdrawal and return of products
(i) Right of withdrawal
The User will have a maximum period of fourteen (14) calendar days from the delivery of the product to totally or partially cancel the purchase of the product, in conformity with the applicable legislation. Once the indicated deadline has expired, Bodegas NOC will not accept returns for the withdrawal of product purchases.
In the event of withdrawal from the purchase of a product, the User must contact Bodegas
NOC by sending an email to cliente@noc.aperitivea.com.
In any case, in the event of withdrawing from the purchase, the following requirements must
be met:
- The product must be in the same condition that it was delivered in and must still have its original packaging and labelling.
- The return of the product to Bodegas NOC must be done using the same box or envelope used in the delivery or, otherwise, in a similar format that guarantees the products will be returned in perfect condition.
- A copy of the proof of purchase and the delivery note of the products must be included in the package, indicating the products that are being returned and the reason for the return.
There is no right to withdrawal in the cases contemplated in article 103 of the Royal
Legislative Decree 1/2007 of 16th November, approving the Consolidated Draft of the General Law for the Protection of Consumers and Users. Without limiting the foregoing, there is no right to return in the case of personalised or perishable products. When in doubt, the User may contact Bodegas NOC beforehand.
The returns of orders must be sent to the Bodegas NOC address: Calle Orgaz, 12 45460
Manzaneque, Toledo. The User will bear the return shipping costs when exercising the right of withdrawal.
(ii) The return of defective products
Without prejudice to any other rights that may correspond, the User will be entitled to the reimbursement of the price of the defective products or the products that do not correspond to the order that was placed by the User. Alternatively, the User is entitled to claim and to receive the delivery of the same product in perfect condition.
In the event of a return of defective products or products that do not correspond to an order that had been placed, the User must carry out the procedure established in section (i) above, although the User, in this case, does not bear the costs of the return of the products.
Provided that the User has followed the procedure that was established in section (i) above, and that the requirements established in this section have been met, Bodegas NOC will refund the price that was paid for the returned products that were defective or that did not correspond to the order, in conformity with the provisions of section (iii) below.
(iii) Reimbursement of the price of the products to the User
Provided that the User has followed the procedure that has been established in this section and has also fulfilled the requirements established therein, Bodegas NOC will reimburse the price that was paid by the User, corresponding to the returned products once they have been received at the winery’s warehouses. In the event of the return being made in exercise of the User’s right of withdrawal, as described in section (i), Bodegas NOC will not pay or deal with the costs and/or expenses of the return.
The User will not be entitled to the reimbursement of the price of the returned products that are not in the same conditions that they were delivered in, or if the requirements established in the General Conditions have not been met.
Partial returns of an order will result in the refund of the price corresponding to the products that have been properly returned.
Bodegas NOC will manage the reimbursement through the same payment system that was used by the User to purchase the products, within a period of thirty (30) days from the collection of the order that has been returned, and once Bodegas NOC has verified that the products subject to return meet the requirements that have been established in sections (i) and (ii) above. The application of the refund in the User’s bank account will depend on the
bank.
- Modification of the General Conditions
Bodegas NOC reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Conditions. Users will always have these General Conditions in a visible place and freely accessible for Users to make as many queries as they wish. Users undertake to read carefully these General
Conditions each time they access the Website store. In any case, the acceptance of the
General Conditions will be a previous and essential step to contracting any product available through the Website.
- Notifications
All the communications between Bodegas NOC and the User concerning these General
Conditions or the purchase of products through the Website will be carried out in writing and in conformity with the communication procedures that have been established in these
General Conditions for each particular case.
For other cases that are not expressly regulated in these General Conditions, all communications to Bodegas NOC are to be communicated (i) by post to the address Calle
Orgaz, 12 45460 Manzaneque (Toledo), made in writing and through a system that allows the content and its receipt by Bodegas NOC to be accredited, ( ii) by calling the telephone number (+34) 925 910 230, (iii) by email to info@noc.aperitivea.com.
- Integrity of the General Conditions
The General Conditions, the Privacy Policy and the Legal Notice constitute the express and sole will of Bodegas NOC and the User concerning their purpose, and invalidate and replace any other agreements or contracts, both verbal or in writing, previously reached by the parties.
- Partial nullity
In the event of any Clause of these General Conditions being declared invalid, it will be withdrawn or replaced. In any case, the declaration of nullity will not affect the validity of the rest of the provisions that are contained in the General Conditions.
- Applicable law and jurisdiction
These General Conditions are governed and interpreted in conformity with Spanish law. In the event of any type of discrepancy or claim between the parties concerning the fulfilment or content of the General Conditions, the parties agree to refer the decision of the issue raised to the competent Courts and Tribunals in accordance with the current legislation.
