T e r m s a n d c o n d i t i o n s

TERMS AND CONDITIONS OF PURCHASE:

1º.- GENERAL INFORMATION OF THE SERVICE PROVIDER

Bodegas Peñafiel, S.L., Tax Identification Number B-47512199 (hereinafter Bodegas Peñafiel)

Mailing Address: Carretera Nacional N-122, Km. 311; Postal Code 47300, Peñafiel, Valladolid, Spain.

Email Address: marketing@bodegaspenafiel.com

Phone Number: 983 881 622

2º.- PURPOSE OF THE PURCHASE CONDITIONS AND GENERAL ASPECTS

These Conditions are intended to regulate the access and acquisition of the products provided by Bodegas Peñafiel to the user through its Web Store, constituting the legal framework that develops the contractual relationship.

Its content has been drafted taking into account the legislation in force at the time of its preparation, consisting, among other regulations, of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 34/2002, on Information Society Services; and Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

In order to make purchases in the Bodegas Peñafiel Web Store, the winery has configured a descriptive, easily accessible, and secure web environment, with an intuitive, simple, and guided purchase process.

The offers and services provided by Bodegas Peñafiel on its website are directed, solely and exclusively, to individuals of legal age and legal entities that are considered final consumers or users, in accordance with current regulations. Those who do not meet the above requirements may not purchase products through this website.

Users of the website and the Bodegas Peñafiel online store, respectively, can directly access the purchase conditions and terms by clicking on the section titled for this purpose, which can be found at the bottom of the website. They undertake to read them carefully each time they proceed to purchase any product, as they may have been subject to modification since the last time they accessed them. In any case, they will always have access to them prior to the start of the product purchase procedure and may store and/or reproduce them on a durable medium.

Users of the Bodegas Peñafiel website accept, fully and without reservation, its content; and are expressly subject to them. In case of disagreement with any content of the page and the online store, users may leave the website immediately and voluntarily.

By accepting the purchase conditions and terms, users declare:

1. That they are persons with the capacity to contract, of legal age.
2. That they have read them and expressly accept them.

Bodegas Peñafiel may cancel and prevent access to the web store, as well as the supply of products to users who maintain outstanding balances with the Winery for any reason.

Contracts made in the online store are formalized in Spanish, under the conditions detailed herein.

The purchase process in the web store is described below, which, on the other hand, can be carried out in a simple and intuitive way by following the different illustrations, links, banners, and other instruments visible and accessible from the Bodegas Peñafiel website. The process described may be modified, although the changes made in the future will not be significant for the purposes of understanding the process:

1º.- Users may access the online store by clicking on the corresponding icon located on the Winery’s website.

2º.- Once inside the store, the different products that are marketed are graphically described with their price, including taxes. Likewise, other information may be included, such as the existence of points, promotions, or any others of interest to users.

If users wish to receive more information about the different products, by clicking on them, a new page will be loaded detailing multiple characteristics (varieties, tasting notes, pairings, videos, etc.), rewards in the form of points and/or other possible linked promotions; as well as various illustrations and menus that offer answers to the most common questions about the delivery process, contact information, related products, orders, transport, and purchase.

3º.- The user must select the products and units thereof that they wish to purchase, which will be added to the cart.

4º.- Once the product has been added to the cart, the user has the option to “continue shopping”, for which they can add new products, or access the payment process if they wish to finalize their purchase (“Pay”). Both options require the express and active action of the user by clicking on the respective label. Likewise, the user has the option to access the inside of their cart, which is especially useful if they have made several purchases, using the aforementioned option of “continue shopping”, since they can thus check in detail all the products they are going to buy (products, units, prices …), and then finalize the purchase.

5º.- If the user has selected to pay or finalize the purchase, they will access the payment process within which they are offered the possibility of indicating whether they are a registered user (which will avoid having to enter some of the essential data for the purchase and delivery of the products), register (if they wish to do so in order to expedite future purchases), enter discount coupons or another promotion data, if applicable, and finally the option to buy without registration. Next, they must include the essential data for billing and for the delivery of the products (mandatory) and other data for receiving promotions and/or information on the Winery’s products (optional). In all cases, the introduction of the data requires an express and positive action by the user in such a way that they will always be responsible for their veracity and the consequences of any kind that may arise from their action.

6º.- Finally, the user must select the payment method from those available, declare that they have read and accept the purchase terms and conditions and the privacy policy (mandatory to be able to buy); and if they so wish, accept the sending of commercial communications about the winery’s products (optionally).

7º.- The next step will be to formalize the payment through the selected procedure. The different payment options are described in a specific section dedicated to them later (Section 4.3).

3º.- ONLINE DISPUTE RESOLUTION PLATFORM

Users can access the Online Dispute Resolution Platform at the following web address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

4º.- PURCHASE OF PRODUCTS IN THE BODEGAS PEÑAFIEL ONLINE STORE

4º.1.- Product Catalog

The Bodegas Peñafiel online store contains on its home page all the products available to users for purchase. By clicking on each product, users can access its detailed description (such as service formats, grape varieties, tasting notes and pairings, vintages, videos, and others that, together with the above, may be modified over time). Likewise, users have at their disposal the fundamental conditions for the purchase and delivery process; and the resolution of the most frequent questions about orders, transport, and purchase, in drop-down menus placed in a specific section.

Bodegas Peñafiel may add or remove products from its online store, respecting in any case the orders formalized previously or the duration of campaigns and promotions under which purchases have already been formalized.

Products with alcoholic content can only be purchased by people of legal age, who must have declared this condition at the time of entering the Winery’s website.

The products acquired through the Online Store are only available for shipment to mainland Spain, excluding the Canary Islands, the Balearic Islands, Ceuta, and Melilla. If any user from the Canary Islands, the Balearic Islands, Ceuta and Melilla or from outside Spain wishes to purchase the Winery’s products, they must contact the postal or electronic addresses included in section 1 to specify the availability of the products and the rest of the applicable conditions, since these conditions will not apply to them.

4º.2.- Prices and Shipping Costs

The price of each product is indicated next to it, both on the initial page of the store and on the specific page of each one. The prices indicated include the corresponding taxes.

The amount of shipping costs is indicated after the subtotal of the products included in the cart, in the purchase summary that is described both before and on the page where the order is formalized.

4º.3.- Payment Methods

At the time of publication of these conditions, the allowed payment methods are those indicated below:

.- Credit or Debit Card: Payments are made directly to the bank through a bank gateway linked with a secure encryption system. To make payments by card, it is necessary to indicate the card number, its expiration date, the name and surname of the holder (as they appear on the card), and the CVV code of the card.

Bodegas Peñafiel does not retain the bank details included to make the transaction through the bank payment platform, which is the one that grants the corresponding encryption protection. Bodegas Peñafiel can only use the bank details provided by users to the bank payment platform, until the moment in which the withdrawal period has expired and for such purposes, without having knowledge of them at any time.

The charge made on the card, for the amount of the purchase, is made at the moment in which the user makes the payment.

In accordance with the provisions of article 112 of Royal Legislative Decree 1/2007, when the amount of a purchase has been fraudulently or improperly charged using the payment card number, the cardholder may demand the immediate cancellation of the charge. In such case, the corresponding debit and credit entries in the accounts of Bodegas Peñafiel and the cardholder will be made as soon as possible.

However, if the purchase has been effectively made by the cardholder and the demand for the return is not a consequence of having exercised the right of withdrawal or resolution, the cardholder will be obliged to compensate Bodegas Peñafiel for the damages and losses caused as a consequence of said cancellation.

Each time users make a purchase, they must re-enter all the data of their card since, as indicated, Bodegas Peñafiel does not have access to or store the bank details of the users of its Web Store.

.- PayPal: Payment is made by redirecting to the secure PayPal page (external to the online store) in which users must have previously registered. It is necessary for them to enter the e-mail and password with which they have registered in PayPal and accept the payment. Next, they are redirected to the online store page and it is confirmed that the purchase process has been completed.

Bodegas Peñafiel does not have access to the bank details of users.

.- Bank Transfer: The user must make the payment by means of a bank transfer to the Winery’s account number indicated after making the order. They must indicate the order number as a payment reference. The order is not processed until Bodegas Peñafiel has received the amount in its bank account.

4º.4.- Confirmation of Orders

Once the purchase process is finished, Bodegas Peñafiel will send an email to the email address indicated by the users with all the information related to the orders. In case they do not receive it, users should contact the winery at the following email address: marketing@bodegaspenafiel.com

Before contacting the Winery, it is recommended that they consult the spam or junk mail box of their mail application or their mail program since it is usual for automatically generated mailings to be cataloged as such.

In the event that, once an order has been placed, any of the products purchased are not available, Bodegas Peñafiel will immediately inform the corresponding user, who will be reimbursed the amount paid corresponding to that product within a period of less than 15 calendar days from said communication or will be offered the possibility of changing the unavailable product for a similar one. In the event that this change involves an increase in the price, the user must pay the difference; and the winery will return the amount that is derived if the change involves a decrease in the price.

4º.5.- Delivery Times

The delivery time for purchases is set between 3 and 4 business days from 9 am on the business day following the confirmation and payment of the product.

The previous deadlines may vary upwards, and the previous ones are not guaranteed, in the following cases, among others similar:

.- Unavailability of stock.

.- Specific dates of high activity, such as the Christmas campaign.

.- Transport strike.

.- Situations of fortuitous event or force majeure.

If at the time of delivery, the user or a person of legal age is not found at the address provided, the transport company will leave a notice (in physical, electronic or telephone format) with the corresponding indications to contact and agree on a new delivery. If there is no response or no contact support has been provided, the shipment will remain in the facilities of the transport company, pending resolution and/or contact with the customer. In the following days, attempts will be made to locate the recipient and a second delivery will be scheduled. If after the two previous delivery attempts this has not been possible, the products will be returned to Bodegas Peñafiel. If after the return the customer claims their order, they must pay the shipping costs again.

The recipient of the order must sign a delivery receipt, stating their name and ID, which implies their agreement with the products received, both in terms of quantity and quality and condition in which they are found.

To this effect, the recipient may check the order in order to show their agreement or disagreement. In case that it is not complete, they must expressly state this in the corresponding delivery note.

4º.6.- Returns

4º.6.1.- Right of Withdrawal

The user will have a maximum period of 14 calendar days from the delivery of the product to withdraw, totally or partially, from their purchase, in accordance with applicable law.

However, in accordance with the provisions of article 102 and 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, and other complementary laws, the right of withdrawal may not be exercised on bottles or products that have been opened, nor, in the case of being served in wooden boxes when they have been opened or unsealed. Nor may the right of withdrawal be exercised in the case of personalized products.

The product must be in the same condition in which it was delivered and must retain its original packaging and labeling.

The withdrawal form can be downloaded (include link to the withdrawal form).

The refund to the user will include all shipping costs paid by the user when making the purchase. The shipping costs of returns will be borne by the customer.

4º.6.2.- Return of Defective Products

Users will have the right to a refund of the price of defective products or delivered products if they do not correspond to the order placed, within 14 days of receipt. The refund will be made according to the payment method used in the purchase. Alternatively, they will have the right to claim, and to be delivered, a product equal to the one requested, in perfect condition.

In the case of defective products, users will not have to face the return costs.

4º.6.3.- Processing of Returns.

For returns from both the exercise of the right of withdrawal and defective products, the user must contact Bodegas Peñafiel at the telephone number +34 983 881 622, from where the necessary steps will be taken.

The products must be returned in their original packaging and condition, including the purchase receipt and the delivery note of the product, as well as the reason for the return; and must be sent to Bodegas Peñafiel, S.L., Tax Identification Number B-47512199 (hereinafter Bodegas Peñafiel). Postal Address: Carretera Nacional N-122, Km. 311; Postal Code 47300, Peñafiel, Valladolid, Spain.

Partial returns of an order, in accordance with the above conditions, will result in a refund of the price corresponding to the product or products actually returned.

The time of entry of the amounts derived from the returns in the user’s account will depend on the corresponding bank entity.

5. PERSONAL DATA PROTECTION

Bodegas Peñafiel will process your data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data; and with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

You can consult the privacy and cookies policy at the bottom of the main page of the Bodegas Peñafiel website or at the link (include link to Privacy Policy).

Before formalizing each purchase, users must read and accept the privacy policy and the use of their data.

The data that users provide in the Bodegas Peñafiel web store will be intended for the management of purchases and deliveries of products (in which case the legitimacy will be given by the contractual relationship and/or by the legitimate interest and/or by consent); and the sending of commercial communications about the winery’s products (in which case the legitimacy will be given by the legitimate interest and/or by consent).

The only transfer of data that will be made will be to the corresponding transport company, with the sole purpose of being able to make deliveries of the products acquired by the users.

The bank details provided by users will not be kept by Bodegas Peñafiel since they are directed directly to the bank gateway, and the winery may access them only to make refunds of amounts that may arise under the conditions described herein.

6. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.

The product purchase contracts will be governed by Spanish legislation, which will be applicable in what is not provided herein. Any disputes arising from the contracting of products through the Bodegas Peñafiel online store will be submitted to the competent jurisdictional bodies determined by Spanish Law.

If you do not agree with the terms and conditions, you can fill in the disagreement form and send it to marketing@bodegaspenafiel.com