Purchase Conditions

This document governs the terms and conditions of use of the website accessed and the commercial relationship that may arise between VINYES D’OLIVARDOTS, S.L. (hereinafter, “OLIVARDOTS”) and users who make distance purchases of the products appearing on the website: https://olivardots.com.

OLIVARDOTS is engaged in the distance sale and distribution of alcoholic beverages, wine tourism activities, as well as other related products.

These General Conditions may be modified without prior notice; therefore, it is advisable to read their content carefully before purchasing any of the products offered.

The purchase of any product entails full and unconditional acceptance of each and every one of the General Conditions indicated herein, without prejudice to the acceptance of any Special Conditions that may apply when purchasing certain products.

By making a purchase on our website, you warrant that you are over 18 years of age and have the necessary legal capacity to contract.

This merchant undertakes not to allow any transaction that is illegal, or which is considered by credit card brands or the acquiring bank to be capable of or likely to damage their goodwill or negatively affect them. The following activities are prohibited under card brand programs: the sale or offering of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.

Additionally, the following activities are explicitly prohibited:

“Sale of alcoholic beverages to persons under 18 years of age.”

1. IDENTIFICATION

Corporate Name: VINYES D’OLIVARDOTS, S.L.

Trade Name: OLIVARDOTS

CIF / NIF / NIE: B-63852222

Registered Office: Carrer Buenos Aires, 18, 08328 Alella (Barcelona)

Commercial Registry: Mercantile Registry of Girona, Volume 37564, Folio 19, Section 8, Sheet B 303999, Entry 5.

2. COMMUNICATIONS

To contact us, we provide the following means of communication:

Business address: Paratge Olivardots, s/n, 17750 Capmany (Girona)

Telephone: +34 651 017 075 +34 679 877 752

E-mail: info@olivardots.com

3. MAIN CHARACTERISTICS OF OUR PRODUCTS AND SERVICES

The products and activities offered, together with their main characteristics and their price, are displayed onscreen.

OLIVARDOTS reserves the right to decide, at all times, which products and/or activities are offered to Customers. Thus, OLIVARDOTS may, at any time, add new products and/or activities to those currently offered. Likewise, OLIVARDOTS reserves the right to withdraw or cease offering, at any time and without prior notice, any of them.

4. AVAILABILITY AND SUBSTITUTIONS

Wines and recycled products

The products offered are distributed within mainland Spain and the Balearic Islands.
If the order needs to be shipped to a location outside mainland Spain and the Balearic Islands, please contact our customer service at info@olivardots.com to be informed of the specific procedure for making the purchase, shipping the products and calculating the corresponding costs.

We include on the website information about the availability of the products we sell, and this is detailed on each product’s information page. It is not possible for us to provide more precise information on a product’s availability beyond what is shown on the product information page or in other sections of the website. When we process your order, we will inform you as soon as possible by email and/or telephone if any of the products included in your order are not available.

All orders are subject to product availability. In the event that, once the shipping confirmation has been sent, OLIVARDOTS cannot supply the Product requested for any reason, we will contact the User as soon as possible to inform them of this.

In such a case, OLIVARDOTS may:

Offer the User a product with similar characteristics, price and specifications for acceptance and, if the product is of higher quality, characteristics or price than the one initially requested, the User will be informed of the higher price and, if in agreement, the User must pay the price difference; and/or
Offer the User the option to cancel the requested Order, refunding the amount paid for it within fourteen (14) business days.

Wine tourism activities

We include on the website information about the wine tourism activities offered, detailed on each activity information page.

Given that each activity is prepared for a maximum number of users, when making the reservation of the chosen activity you will be informed of the availability of the day and time you can book.

Once the reservation and corresponding payment have been made, the user will receive a confirmation email.

If difficulties arise concerning the performance of the activity on the indicated date and time, OLIVARDOTS undertakes to contact the User to inform them and, before proceeding with a refund, a change of activity or of the date for its performance will be proposed.

If the user cannot carry out the activity on the agreed date and time, they must give notice at least 48 hours in advance of the activity.

5. HOW TO BUY?

At OLIVARDOTS we want to provide you with great convenience when purchasing, which is why we offer different purchasing methods:

Physical store. At Paratge Olivardots in Capmany, our experts will advise you for any of your needs.

• Online stores. Here on our website, you will have access to all the products, services and experiences we offer. We provide a completely comfortable and secure purchase, and if you need help we can advise you on the best option for your needs.

6. PURCHASE AND/OR CONTRACTING PROCESS

You can browse the website until you find the desired item or activity. Once located, by clicking on it you will access all the detailed information offered by the website. From here you can add the item to your purchase.

If you are placing an order with us for the first time, you will be asked to register by entering your email address and a password with which you will be able to create and access your account.

To complete the registration process you will be asked for a series of personal data such as: first name, last name, email address, shipping address, postal code, city, country, tax identification number and contact telephone number. These data must be truthful and accurate.

If you are a registered user with an active account, you must enter your email and password and the system will recognize your data.

Once in your account you can continue your purchase and finally confirm the order where the total price will be indicated, including IVA and shipping cost.

If you do not wish to place any other order you must click the “ORDER WITH PAYMENT OBLIGATION” button to access the final screen to complete the payment process via the “PAY WITH CREDIT CARD THROUGH SERVIRED/REDSYS” button to validate it and access the corresponding payment gateway and make the payment.

Within a maximum period of 24 hours from receipt of acceptance you will receive order or activity booking confirmation by email to the email address you have provided.

It is also advisable that the customer print and/or save a copy on a durable medium of the sales conditions when placing the order, as well as the receipt sent by OLIVARDOTS by email.

Being registered as a user of the online store is not subject to subscribing to our newsletter to receive offers and promotions.

You can consult our privacy policy at the following link: https://olivardots.com/es/politica-de-privacidad.

Likewise, please note that at any time you may modify your personal data, as well as exercise the rights of access, rectification, erasure, restriction and objection in accordance with Spanish Law LO 3/2018, of 5 December, on Data Protection and the Guarantee of Digital Rights (LOPDGDD), and Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

7. INVOICING

Together with your order, and in compliance with Article 63.3 of Royal Legislative Decree 1/2007, of 16 November (LGDCU), the user will receive the corresponding invoice in paper format.

If the user wishes to receive invoices in electronic format, it will be necessary to check the checkbox “I want to receive an electronic invoice” on the registration form or contact OLIVARDOTS customer service to obtain their express consent, and the method of receiving the electronic invoice will be specified. The user who has chosen this option may, at any time, revoke this consent by sending an email to info@olivardots.com indicating “revocation of invoice in electronic format”, and for future purchases they will receive invoices in paper format, which will be sent by postal mail.

8. DELIVERY

All shipments are made through our logistics operator MAIL BOXES ETC.

Place of delivery

Pickup at our facilities in Capmany:

If you prefer, you can collect your order at our physical store at Paratge Olivardots, s/n, 17750 CAPMANY (Girona).

Home delivery:

OLIVARDOTS undertakes to deliver the product in perfect condition to the address indicated by the user. To optimize the delivery process, the address indicated by the User must be one where delivery can be made during normal business hours.

If at the time of delivery of the Product to the indicated address the User is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery. If, after ten (10) calendar days from the date of the notice, the User has not contacted the carrier to arrange a new delivery date, the Products will be returned to OLIVARDOTS’s warehouses and the User must bear the shipping and return costs, as well as any possible associated handling costs.

OLIVARDOTS will not be responsible for errors or losses caused in delivery when the delivery address entered by the user does not match the delivery location desired by the user.

OLIVARDOTS may deliver the same order of Products in several shipments on different dates.

Delivery time

OLIVARDOTS will inform the User, by sending an email to their email address, of the date on which the order leaves OLIVARDOTS’s warehouses and the contact details of the transport company that will make the delivery.

For shipments within mainland Spain and the Balearic Islands, the estimated delivery time is two to six working days from the date payment is confirmed.

Between 48 and 72 hours for deliveries within national territory.
Up to 6 working days for deliveries to the islands.

If the order is delayed by more than six days, contact info@olivardots.com.

For shipments outside mainland Spain or the Balearic Islands, the estimated delivery time will be specified on a case-by-case basis.

The Product will be delivered to the address indicated by the user, except in circumstances of “Force Majeure” that cannot be foreseen by OLIVARDOTS.

“Force Majeure”: Causes of Force Majeure include any act, event, omission or accident beyond our reasonable control, including, without limitation, the following:

Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using railways, ships, aircraft, motor transport or other means of public or private transport.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Failures or accidents of maritime or river transport, postal or any other type of transport.

Delivery is deemed to have been made from the moment the product has been made available to the User at the place of delivery indicated by the user.

The risk in the Products (including, among others, loss, impairment or theft) will pass to the User from the moment the order of Products has been made available to the User in accordance with these Conditions of Sale.

Order tracking

You can track the delivery process of your order at any time from the moment you receive confirmation that the order has left our warehouse, either through your account on our website or via a link that the logistics operator will send you by email or SMS. This is a service through which you will receive a confirmation email with the code (tracking number) that will allow you to locate the status of your order.

9. PRICES, COSTS AND TAXES

Prices

The price of each product is duly indicated on its information page, together with the corresponding description.

In accordance with current legislation, every purchase made on our website will be subject to value added tax (IVA). The applicable rate will be the legally valid rate at any given time.

The products offered are distributed within mainland Spain and the Balearic Islands.

If the order’s destination is not listed in the selection menu, please contact our customer service at info@olivardots.com to be informed of the specific procedure for making the purchase, shipping the products and calculating the corresponding costs.

For orders placed from outside mainland Spain and the Balearic Islands, taxes and duties arising from the entry and exit of the product in those territories (according to current regulations) will be applied, and must be paid directly by the User to the logistics operator in charge of delivering the product.

All prices are shown in euros (€) and should be considered the final price to be paid by the customer (including or excluding IVA depending on the delivery territory, as indicated above).

The order price will be calculated automatically as the shopping cart is filled.

Prices may change at any time. However, any changes will not affect Products for which OLIVARDOTS has already sent the Shipping Confirmation.

Shipping costs

Shipping costs are calculated automatically during the purchase process, including the corresponding IVA.

Transportation costs (if any) as well as taxes and duties for the entry and exit of the product outside European Union countries are not included in this price and will be specifically informed in each case.

Customs / Duties

If your order must be delivered to a territory outside mainland Spain and the Balearic Islands, you will likely have to pay import duties and taxes upon arrival.

Depending on the shipping address, duties, costs and the availability of certain products may vary.

The customer/buyer is responsible for ensuring the legality of importing the desired product into the destination country. The recipient is the importer of record and must comply with all regulations and laws of the destination country of the package. To find out about customs policies, please contact your local customs office.

Additional charges must be borne by the recipient. Furthermore, please note that international trade may involve inspections and reviews carried out by customs authorities. Likewise, we may be required to provide information regarding the products within the order both to the transport company and to the relevant authorities to facilitate compliance with current legislation.

The customer should take into account that these customs procedures may cause delays beyond our delivery times.

10. PAYMENT METHODS

Payment for the purchased product may be made:

By credit or debit card, via the secure SERVIRED/REDSYS payment gateway.

The amount of the order will be charged to the card, for which you must indicate the number, expiration date, as well as the CW2 security code (included on the front). If the card is secured, you will be asked for the relevant security codes.

This data will not be stored or handled by OLIVARDOTS, but will be recorded directly in the payment gateway of the corresponding financial institution. For greater security, we will use a Secure Electronic Commerce authentication service, a system established by Visa / MasterCard / Eurocard and other office payment systems, by which the user authenticates themselves to their Issuing Entity and the merchant authenticates to their acquiring bank.

In order to guarantee the confidentiality and integrity of transactions, they are carried out through the Secure Socket Layer (SSL) protocol with 128-bit security keys.

The charge will be made in real time through this payment gateway. If the charge cannot be made (for any reason), the order will be automatically canceled.

11. RIGHT OF WITHDRAWAL

Information and Exercise of the Right of Withdrawal

As established by law, the consumer and user will have the right to WITHDRAW from the contract within a maximum period of 14 calendar days without the need to indicate the reason and without incurring any cost, except those provided for in Articles 107.2 and 108 of Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users (LGDCU).

The User will not have the right to withdraw based on the exceptions provided for in Article 103 of Royal Legislative Decree 1/2007, of 16 November (LGDCU) and, in particular, by way of example and not limitation, in the following cases:

Regarding wines and recycled products, the right of withdrawal cannot be exercised if they:

Have been personalized.
Can deteriorate or expire rapidly.
Are sealed and are not suitable for return for health or hygiene reasons or have been unsealed after delivery.

As regards wine tourism activities, please note that there is NO right of withdrawal for:

Services related to leisure activities, where the contracts provide for a specific date or period of performance.

The customer will have a maximum period of 14 calendar days from the day of receipt of the goods or product requested to inform OLIVARDOTS of their desire to withdraw from the contract.

Withdrawal implies that OLIVARDOTS will proceed to refund the amount already paid by the customer within a maximum of 14 calendar days, following the same procedure chosen by the customer for payment (provided that the product purchased is not within the exceptions indicated above).

During this period, the consumer will communicate to the company their decision to withdraw from the contract by filling in the form found in ANNEX I at the end of this document and sending it to OLIVARDOTS’s email address.

Once the period of fourteen (14) calendar days has ended, OLIVARDOTS will not accept returns due to withdrawal for purchases of Products.

To use this system, the following requirements must be met:

The Product must be in the same condition as when it was delivered and must retain its original packaging and labeling. Identification tags must still be attached to their respective products. (Otherwise a partial refund will be made or it will be denied.)
The return to OLIVARDOTS must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the Products in perfect condition.

Once we receive the request, we will contact the user to indicate the return details.

Refund of the price of the Products to the User

In the event of exercising the right of withdrawal, the User will be entitled to a refund of the price of the returned Products, provided that the returned Products are in the same condition as when they were delivered, have not been damaged or lost before reaching OLIVARDOTS’s premises, and the requirements established in these Conditions of Sale have been met.

OLIVARDOTS will check in its warehouse the suitability of the returned Product, reserving the right not to make the refund if it detects that the purchased Product and the returned Product do not match or that the return has not been made in accordance with these Conditions of Sale.

Partial returns of an order will give rise to partial refunds of the price and shipping costs. In this case, the shipping costs will be borne by the user.

OLIVARDOTS will not be responsible for the direct costs and expenses incurred by the User for returns of products in the exercise of the right of withdrawal; therefore, the User will bear the shipping costs for the return.

OLIVARDOTS will process the order to refund the price using the same payment system used by the User and/or by bank transfer for the purchase of the Products, within forty-eight (48) hours from confirmation of arrival at the warehouse of the returned order and, in any case, within no more than 14 calendar days from when the User communicated their withdrawal. The application of the refund to the user’s card will depend on the card and the Issuing Entity.

12. RETURNS POLICY

Return of defective Products

The User will have the right to a refund of the price, shipping costs and return shipping costs for Defective Products or Products delivered that do not correspond to the order placed by the User, in accordance with applicable law.

If the wine received is not in good condition or presents any defect (cork taint, for example), you may return it. It will be necessary to return the bottle with the remaining wine and closed with its original cork, so that our assessment team can confirm the defect; once confirmed, OLIVARDOTS will proceed to refund the amount of the order. The refund period will begin from the moment the product is received in our warehouse and has been validated by our logistics staff.

The USER must bear the direct shipping costs of the return.

For these purposes and to manage returns quickly and easily, you must contact OLIVARDOTS by email at info@olivardots.com and/or by telephone at +34 679 877 752 or +34 651 017 075 within a maximum period of 14 calendar days from the date of receipt of the order.

OLIVARDOTS will process the order to refund the price using the same payment system used by the User and/or by bank transfer for the purchase of the Products, within forty-eight (48) hours from confirmation of arrival at the warehouse of the returned order and, in any case, within no more than 14 calendar days from when the User communicated their claim. The application of the refund to the user’s account or card will depend on the card and the issuing entity.

13. WARRANTY

In compliance with the General Law for the Defense of Consumers and Users (LGDCU), products purchased through the website https://olivardots.com enjoy the corresponding warranty, from the time of purchase, covering possible manufacturing defects of the product. However, in the food sector, the nature of the products determines the time limits, which are reduced and determined by the manufacturer by indicating the expiry date or best-before date.

14. LIABILITY AND DISCLAIMER

The consumer and user has the right to repair of the product, its replacement, a reduction in price or termination of the contract, as established in Chapter II, Title IV, Book II of the General Law for the Defense of Consumers and Users.

If the product is not in conformity with the contract, the consumer may choose between repair or replacement of the product, both of which will be free of charge for the consumer and carried out within a reasonable period of time, depending on the nature of the products and the purpose for which they were intended.

If, once repaired and delivered, the product is still not in conformity with the contract, the consumer may demand its replacement, a reduction in the price or termination of the contract.

15. CUSTOMER SERVICE

Customer Service contact channels:

BUSINESS ADDRESS: Paratge Olivardots, s/n.

TOWN/CITY: 17750 CAPMANY

PROVINCE: Girona

TELEPHONE: +34 679 877 752 +34 651 017 075

E-MAIL: info@olivardots.com

16. COMPLAINTS

To lodge any complaint or claim with OLIVARDOTS, the customer must contact customer service either by telephone at +34 679 877 752 or +34 651 017 075, or by sending it to OLIVARDOTS’s email address info@olivardots.com.

If you wish to file a complaint related to a product or service purchased in our online store, pursuant to EU Regulation 2024/3228, you may consult the list of consumer dispute resolution bodies in the EU Member States, Norway and Iceland and their contact details here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies

17. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by Spanish law.

The parties agree to submit any dispute, conflict or claim arising from this contract to the Courts and Tribunals of the user’s domicile.

18. PARTIAL NULLITY

In the event that any clause of these Conditions of Sale is declared null and void, the remaining clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Conditions of Sale.

OLIVARDOTS’s failure to exercise any right arising from these Conditions of Sale shall not be interpreted as a waiver of this right, except with express written waiver by OLIVARDOTS or due to the statute of limitations applicable in each case.

LANGUAGE

This translation in English is only issued for reasons of convenience and in compliance with the right to information according to article 13 of EU Regulation 2016/679, of April 27, 2016 (RGPD) and article 11 of Organic Law 3/2018, of 5 December 2018 (LOPDGDD). In case of divergence or incompatibility between the English and Spanish versions of these Privacy Policy, the Spanish version will prevail.

(refer to annex)

ANNEX I

WITHDRAWAL FORM

To the attention of:

VINYES D’OLIVARDOTS, S.L.

Paratge Olivardots, s/n, 17750 CAPMANY (Girona)

Telephone: +34 679 877 752 +34 651 017 075

E-mail: info@olivardots.com

I hereby inform you that I withdraw from the sales contract concluded with you in relation to the following products and/or activities:

PRODUCT / ACTIVITY                                                                                 REFERENCE
________________________________________________________            ____________
________________________________________________________            ____________
________________________________________________________            ____________

Order Number: ________________

Order Date: ________________ Receipt of Order: ________________

CONSUMER DETAILS

Full name: ________________________________________

CIF/NIF/NIE: ________________________________________

Address: ________________________________________

Telephone: ________________________________________

E-mail: ________________________________________

In ________________________ on the _____ day of __________________, ______.

Signature:

Basic information on Data Protection: Controller: VINYES D’OLIVARDOTS, S.L.; Purpose: To carry out the administrative management required to process the withdrawal/return in accordance with current legislation; Lawful basis: Performance of a contract in accordance with the withdrawal request exercised by you and to comply with a legal obligation; Recipients: No data will be transferred to third parties, except where there is a legal obligation; Retention: Your data will be kept for the time necessary to process the return or withdrawal management and comply with the obligations arising from this management; Rights: Access, rectify and erase data, as well as other rights, as explained in our privacy policy which can be consulted on the website: https://olivardots.com; Revocation: If you do not wish to receive our information, please contact us by sending an email to: info@olivardots.com, indicating the word UNSUBSCRIBE.