Terms and Conditions

The present General Terms of Use and Contracting (hereinafter, the “General Terms”) govern—together with the Privacy Policy and the Cookies Policy—the access to and use of the website available under the domain name jaumeserra.com and its sub-domains, as well as the purchase of products and/or services through it. Merely accessing the Website confers upon the person who does so the status of User of the Website and implies acceptance of every term contained in these General Terms. Should the User disagree with these General Terms, they must leave the Website immediately and refrain from using it.
By accepting these General Terms, the User declares that:

  1.  They have read, understand and comprehend everything set out herein.
  2.  They are of legal age under the laws in force in their place of residence; otherwise, any minor must have the authorisation of their legal representatives.
  3.  If intending to contract any product and/or service, they have the legal capacity to do so.
  4.  They assume all the obligations set forth herein.

The User must carefully read these General Terms each time they access the Website, as both the Website and these General Terms may be amended.

0. Ownership of the Portal — https://www.jaumeserra.com/

1. General terms of use of https://www.jaumeserra.com/

2. General terms of contracting in the online store of https://www.jaumeserra.com/

3. Information on Withdrawal

4. Personal-data protection policy

5. Intellectual and industrial property. Prohibition of hyperlinks

6. Liability of García Carrión

7. User obligations

8. Communications

0. Ownership of the portal https://www.jaumeserra.com/

Pursuant to Spain’s Law 34/2002 on Information-Society Services and Electronic Commerce, we inform you that this Website is owned by J. García Carrión, S.A. (hereinafter, García Carrión), with registered office at Carretera de Murcia s/n, 30520 Jumilla (Murcia, Spain), Tax ID (C.I.F.) A08267403, recorded in the Mercantile Registry of Murcia, Volume 1 445, Folio 181, Sheet MU-26 845, Entry 2. García Carrión is the holder of the portal https://www.jaumeserra.com/ (hereinafter, the Portal) and makes it available to Internet users (hereinafter, individually the User and collectively the Users) in order to provide information about the company, its facilities and wineries, its products, and related promotions, as well as to enable the provision of various services through the Portal (user registration, receipt of newsletters and online purchase in its online store—hereinafter, the Store, among others).

Identification and contact details of the company

  • J. García Carrión, S.A.
  • Tax ID: A08267403
  • Address: Carretera Murcia s/n, 30520 Jumilla (Murcia, Spain)
  • Tel: +34 91 435 55 56
  • E-mail: avisostienda@jgc.es

1. General terms of use of https://www.jaumeserra.com

1.1 Ownership of the portal

(Identical corporate details as above.)

Access to our Website by the USER is free of charge and is conditional upon the prior full, express and unreserved reading and acceptance of these GENERAL TERMS OF USE in force at the time of access, which we ask you to read carefully. Upon using our portal, its content or its services, the USER expressly accepts and submits to these general terms of use. Should the user disagree with these terms, they must refrain from using this portal or conducting any transactions through it.

1.2 Purpose and scope

These General Terms of Use of the Portal, together with the General Terms of Contracting governing the provision of services, and/or any particular conditions that may be established, aim to regulate both the provision of information and the commercial relationships arising between García Carrión and the Portal’s Users.

By browsing the Portal and/or using the services included therein (Registration, Newsletter or Store), you acquire the status of User. Browsing, using and/or utilising any Portal services implies acceptance, without reservation of any kind, of these General Terms of Use, the General Terms of Contracting governing the services offered on the Portal, and, where applicable, any Particular Conditions that may exist.

1.3 Modification of terms

García Carrión may, at any time and without prior notice, amend these General Terms, the General Terms of Contracting (see section 2) and/or any particular conditions by publishing such modifications on the Portal so that Users are aware of them prior to visiting the Portal or purchasing any goods offered.

2. General terms of contracting in the online store of https://www.jaumeserra.com

2.1 General contracting conditions

2.1.1 Scope

These general contracting conditions, together with any applicable particular conditions, expressly govern the relationships that arise between García Carrión and the Users who use the Store, as well as third parties who purchase the products offered through it.

2.1.2 Legal framework

These General Terms have been prepared in accordance with:

  • Law 7/1998 on General Contracting Conditions
  • Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions pursuant to Article 5.3 of Law 7/1998
  • Law 7/1996 on Retail Trade Regulation
  • Royal Decree-Law 14/1999 regulating Electronic Signatures
  • Royal Legislative Decree 1/2007 (19 Nov) approving the consolidated text of the General Law for the Protection of Consumers and Users and complementary laws

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, and repealing Directive 95/46/EC (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights

2.2 Products offered and purchase system

2.2.1 Catalogue, prices and stock

Products (such as winery visits) offered in the Store, together with their characteristics and prices, will appear on screen. Shipping costs, if any, will also appear and vary according to destination (within or outside Spain) and number of boxes shipped.

Products are available for sale while stocks last. Prices are in euros, include VAT and any other applicable taxes, and are current save for typographical errors. Offers will be duly indicated. García Carrión may add new products or withdraw access to any product at any time without prior notice.

2.2.2 Registration

To purchase products, Users—who must be at least eighteen (18) years old—must register by:

  1. Fully completing the electronic form on the Portal
  2. Clicking the “Accept” button
  3. Receiving a “Username” and “Password” via e-mail

The Username and Password are personal and non-transferable. García Carrión may change them with prior notice.

2.2.3 Making a purchase

Once registered, the User must add desired products to the Shopping Cart, complete the order form and send it to García Carrión, which implies reading and accepting these General Terms of Contracting and any applicable Particular Conditions. The purchase is deemed made at García Carrión’s address: Carretera de Murcia s/n, 30520 Jumilla (Murcia).

2.2.4 Confirmation and invoice

As soon as possible—and always within thirty (30) days of purchase—García Carrión’s Customer Service Department will send the purchasing User, upon request, the corresponding invoice by post or e-mail. The order confirmation is merely proof of purchase, not an invoice.

2.3 Payment, delivery and withdrawal

2.3.1 Payment

Payment for goods and any shipping costs can be made by credit card, bank transfer, PayPal or cash on delivery. For credit-card payments, the User must provide:

  • Card number
  • Expiry date
  • CVV2/CVC2 code

García Carrión uses the Santander Elavon e-commerce payment gateway; all data are encrypted via SSL. García Carrión may request proof of payment and/or identification (ID, passport, residency card, etc.) from any purchasing User.

2.3.2 Delivery

García Carrión will deliver goods to the address indicated in the order form (no P.O. boxes or phone-booth addresses) as quickly as possible and, in any case, within two (2) business days (Monday to Friday, excluding holidays) from the order date. Shipping costs, if any, are borne by the Buyer.

2.3.3 Buyer’s right of withdrawal

The Buyer has seven (7) business days to cancel the sale without penalty and without cost, including return shipping, counted from receipt of the goods. If the Buyer became aware of the right later, the period runs from that date. Returns must be sent to:

J. García Carrión, S.A.
Carretera de Murcia, s/n – 30520 Jumilla (Murcia)

Upon verifying the perfect and unaltered condition of the goods, García Carrión will refund the amounts paid within thirty days. The right of withdrawal is excluded when, due to the nature of the goods, it is impossible, or if the returned goods or packaging are incomplete or damaged.

3. Information and Withdrawal.

You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period expires 14 days after:

a) you, or a third party indicated by you other than the carrier, acquire physical possession of the goods (or, failing that, the last of those goods).

To exercise the right, you must notify us of your decision to withdraw by means of an unequivocal statement (e.g. letter sent by post, fax or e-mail) indicating your name, full address and, where available, telephone number, fax number and e-mail address. You may use the model withdrawal form below, though its use is not obligatory.

To meet the deadline, it is sufficient that you send your communication before the period has expired.

Effects of withdrawal

We will reimburse all payments received from you, including delivery costs (except any additional costs arising from your choice of a delivery method other than the least-expensive standard delivery we offer), without undue delay and in any event no later than 14 calendar days from the date on which we are informed of your decision to withdraw. We will make the reimbursement using the same means of payment used for the initial transaction, unless you expressly agree otherwise; you will not incur any fees for such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier.

Return methods

  • We will collect the goods in cases of breakage, incorrect order or any error on our part.
  • Otherwise, you must return or deliver the goods to:

J. García Carrión, La Mancha
C/ Guarnicioneros s/n 13250 Daimiel (Ciudad Real)

without undue delay and in any event within 14 calendar days from the day on which you communicate your withdrawal. The deadline is met if you send back the goods before the period expires.

Return costs

  • We will bear the return costs in cases of breakage, incorrect order or any error on our part.
  • You must bear the direct cost of returning the goods in the case of voluntary withdrawal.

4. Personal-Data Protection Policy

The information and personal data that the User provides through this Website, including forms, e-mails or any other channels made available, will be processed in accordance with our Website’s Privacy Policy and in compliance with 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) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD).

Accordingly, for more information on how your personal data are processed, or to exercise your data-protection rights, please refer to the Privacy Policy provided on this Website.

5. Intellectual and Industrial Property. Prohibition of Hyperlinks.

5.1 Ownership of content

All content displayed on the Portal—designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs liable for industrial and commercial use—are subject to intellectual or industrial property rights of García Carrión or authorised third parties.

5.2 No licence

No licence or waiver, total or partial transfer of rights is granted, nor any right conferred—especially to alter, exploit, reproduce, distribute or publicly communicate such content—without the prior express authorisation of García Carrión or the corresponding holders.

5.3 Links to our Portal

Creating links to our Portal confers no rights over it; such links merely allow access to our Website, and total or partial reproduction of images or content is prohibited. The mere fact of linking does not confer collaborator or partner status. Imitation—total or partial—of our Portal is absolutely prohibited. No link to https://www.jaumeserra.com/ may be established from any other site without García Carrión’s prior express consent.

6.-Liability of García Carrión

6.1 Limitation of liability

  1. García Carrión S.A. is liable only for damages the User may suffer from Portal use when such damages are due to wilful misconduct. The User acknowledges that Portal use and product purchase are at their sole risk and responsibility.

6.2 Exclusions

García Carrión is not liable for damages arising, by way of example and not limitation, from:

  • Interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections beyond García Carrión’s control that impede or delay orders or Portal browsing
  • Delays or blockages caused by Internet or other electronic-systems deficiencies or overloads
  • Illegitimate intrusions by third parties beyond García Carrión’s control
  • Discrepancies between electronic and printed versions of Portal information
  • Inability to provide the Service or allow access for reasons not attributable to García Carrión, due to the User, third parties or force majeure

6.3 User conduct

García Carrión does not generally control how Users use the Service and does not guarantee that Users use it in accordance with the law, these General Terms, morality, generally accepted good customs and public order, or that they do so diligently.

7. User obligations

7.1 General obligations

The User undertakes to comply with this Legal Notice, special warnings or instructions contained herein or on the Portal, to act lawfully, in good faith and with due diligence, and to refrain from using the Portal in ways that could impede, damage or deteriorate its normal operation, García Carrión’s property or rights, other Users or any third party.

7.2 Specific obligations

Without limiting the foregoing, the User agrees to:

  • Provide truthful, up-to-date data when registering
  • Not introduce, store or disseminate defamatory, abusive, obscene, threatening, xenophobic or violent content, or content that incites discrimination, violates fundamental rights, public freedoms, honour, privacy or the image of third parties, or is otherwise unlawful
  • Not introduce or disseminate viruses or other physical or electronic devices that could damage the Portal, Services, equipment, systems or networks of García Carrión, Users or third parties
  • Properly safeguard their username and password, not transferring them or allowing third-party access, and notify García Carrión of loss or theft as soon as possible
  • Not use false identities or impersonate others, nor destroy, alter, disable or damage data, information, programs or electronic documents of García Carrión or third parties
  • Not infringe intellectual or industrial-property rights or trade secrets of third parties

8. Communications

For the purposes of this Legal Notice and for any communication between García Carrión and Users, Users must write to:

J. García Carrión, S.A.
Customer-Service Department
Carretera de Murcia s/n
30520 Jumilla (Murcia)

Communications from García Carrión to the User will be made according to the data provided upon registration.

This is a faithful English translation of the original Spanish text provided. In case of any discrepancy, the Spanish version shall prevail.