DEFINITIONS
These Sales Terms and Conditions shall apply to any and all orders placed through the website http://www.esenciawines.com (henceforth referred to as “the Website”, managed by the company ESENCIA WINES CELLARS, S.L. (henceforth referred to as EWC, SL) with VATIN B-73974982 and registered in Murcia’s Company Register (Volume 2289, Section 8, Sheet MU-55749) under the address Ctra. de El Carche, Km 11,5 – C.P. 30520 Jumilla, Murcia, Spain. Note that the name Casa de la Ermita is also registered and legally owned by EWC, SL.
On its website, EWC, SL provides information about its products and gives users the chance to buy them. Due to the content and purpose of the Website, any person who wishes to benefit from its services must become a “Registered User” or “Customer” by completing a registration form and following the steps described in the subsequent email from EWC, SL. The status of Registered User or Customer signifies full acceptance of these Terms and Conditions and adherence to them in their most current version at login time. By registering on the Website and using its services, you agree to the transfer of your User and/or Customer data into EWC, SL files and their processing in compliance with the Privacy Policy, which is thereby expressly acknowledged and accepted by the User. However, some pages of the Website are also accessible to non-registered users, who are given User status whether or not they have started a purchasing process. Users who access these pages are also subject to the applicable requirements of these Terms and Conditions. Our Customers and Users must note that EWC, SL products are directed at an audience 18 years or older and that orders are only accepted within the territory consisting of mainland Spain and the Balearic Islands (henceforth referred to as the “Territory”). Users who wish to receive a product outside the Territory should contact EWC, SL by completing our contact form or sending an email to info@esenciawines.com. We will review your request and get back to you as soon as possible.
CONTACT: Please send all your queries, comments and suggestions to info@esenciawines.com.
EWC, SL provides information about its products and gives users the chance to buy them on its Website. Any person who wishes to buy our products must become a “Registered User” by completing our registration form and following the steps described by EWC on the Website.
Besides the Disclaimer and the Privacy Policy included on the Website, these Terms and Conditions are the only provisions that apply to the use of the Website and the purchase of goods on the Website, and override any other terms and conditions unless a prior written agreement exists with the User and/or Customer. Consequently, the User and/or Customer that logs into the Website and makes purchases on it shall be legally bound by these Terms and Conditions, as well as the provisions established in the Disclaimer and the Privacy Policy in their most current version at login time.
All Users and/or Customers must be eighteen (18) or older to register on the Website.
EWC, SL incorporates the highest-level security measures available on the market. Moreover, the payment process is conducted in a secure server using SSL (Secure Socket Layer) protocol. The secure server establishes a private connection where information is transmitted using a 128-bit encryption algorithm that ensures that this information can only be read by the Customer’s and the Website’s computers. Using SSL protocol provides the following guarantees:
1. The communication of data is only available to the EWC server, and cannot be obtained by any attackers or impostors.
2. The information shared between the Customer and the EWC server is encoded to prevent any reading or manipulation by others.
PRODUCT INFORMATION
All photographs, pictorial or iconographic representations and videos about EWC, SL products, as well as any kind of trade names, brands or distinguishing signs appearing on the Website are meant to provide as much information to the public as possible. Yet Users and/or Customers should note that these are merely indicative and do not aim to be exhaustive.
EWC, SL reserves the right to decide, at any time, what products are offered to Users on the Website. Therefore, EWC, SL may at any time add new products to those already included on the Website, and, unless otherwise stated, the new products shall be governed by the Terms and Conditions that are applicable at the time of their inclusion.
Similarly, EWC, SL reserves the right to revoke access to any of the products offered on the Website at any time and without prior notice.
EWC, SL strives to maintain adequate stock levels by constantly replenishing supplies from our storehouse; therefore, any sales of items in excess of actual supply will be unintentional. If, on grounds of force majeure, a product that has been purchased is not available for delivery, EWC, SL shall notify the User by email of the total or, where appropriate, partial cancellation of the order. Partial cancellation of an order gives no right to total cancellation thereof, without prejudice to the exercise of the User’s right of withdrawal in accordance with section 7 (“Return of Goods.”) of these Terms and Conditions.
PURCHASE SYSTEM
To purchase a product, you must be registered and of legal age (i.e. 18 or older). Once logged in, you must select the products you want to buy and add them to the Shopping Basket. When you’re ready to purchase, click on the button “Finish”. This will take you to the shopping basket where you can see a list of the items you have selected. Type in the delivery address and click on “Checkout” to confirm your order and pay.
The username, password and email address can be modified by the User at any time, which shall override all previous usernames, passwords and email addresses provided.
After completing the purchase process, EWC, SL will send a confirmation email to the Customer within 24 hours of placing the order. Note that this order confirmation is merely a purchase receipt and shall not be valid as an invoice. EWC, SL will send the Customer an appropriate invoice within 30 days of making the purchase.
PRICES AND TAXES
The prices of products include all applicable taxes. Shipping costs shall be borne by the Customer and will be detailed on the item list shown in your “Shopping Basket” on the Website.
EWC, SL reserves the right to modify the prices on the Website at any time. All products shall be billed at the current price shown on the Website when placing the order.
PAYMENT
Prices for purchased goods and shipping costs shall be displayed on the screen. Payment methods accepted include credit or debit card, PayPal and any other methods specified on the Website.
Payment instructions vary depending on the method of payment chosen by the Customer. All information provided at this stage shall be encrypted to ensure maximum data security.
In the event of improper or fraudulent charges associated with the account created for purchases on the Website, the User must notify EWC, SL as swiftly as possible at the following email address: info@esenciawines.com. This will allow EWC, SL to take any relevant actions.
DELIVERY
EWC, SL undertakes to deliver the goods purchased by the Customer as quickly as possible and always within thirty (30) days of placing the order for deliveries within the Territory – i.e. mainland Spain and the Balearic Islands. For deliveries to other parts of Spain or abroad, please enquire. Delivery times are estimated and may vary for logistic reasons or on grounds of force majeure. All delays in deliveries shall be notified by EWC, SL to the Customer as soon as the delay is detected. The goods will be sent by courier and deliveries will be deemed made once the goods are made available to the Customer and checked into the carrier’s control system. In the event of delivery delays for causes attributable to EWC, SL, the Customer may cancel the order in accordance with the procedure described in section 7 (“Return of Goods”) of these Terms and Conditions. Cases where the goods are made available to the Customer within the agreed deadline but cannot be delivered for causes attributable to the Customer shall not be considered delays. The Customer shall be notified by email as soon as the order has been accepted and the goods have been shipped.
Note that EWC, SL will not accept deliveries to post-office boxes and call shops, or when the recipient and delivery address cannot be identified.
The goods shall be delivered at the address provided by the Customer during the registration and order processes so long as this address is within the Territory. In order to streamline the delivery process, Customers are encouraged to provide an address at which the order can be delivered during normal business hours.
Unless otherwise instructed by the carrier’s action protocol, if the Customer is absent at the time of delivery, the courier shall leave a message explaining what to do to reschedule the delivery. If the goods are not collected by the Customer from the designated office within the period granted by the carrier, the goods can be disposed of as deemed appropriate by the carrier without any kind of refund or compensation for the Customer.
EWC, SL shall not be held liable for unsuccessful deliveries due to untruthful, inaccurate or incomplete information provided by the Customer in the order form regarding the delivery address. Note that orders may be divided into several deliveries.
*Shipping fees are included for purchases worth €30 or more in mainland Spain and the Balearic Islands.
RETURN OF GOODS
(i) Right of Withdrawal.
In accordance with applicable law, the User shall have the right to withdraw, in whole or in part, the purchase of a product within fourteen (14) calendar days of delivery.
Once the stated time limit has expired, EWC, SL shall not accept returns based on the User’s decision to withdraw the purchase of the goods.
In the event that a User wishes to withdraw a purchase, he/she must contact EWC, SL by sending an email to info@esenciawines.com or by completing the withdrawal form available HERE.
However, before exercising the right of withdrawal, the following requirements must be met:
1) The goods must be in the same condition in which they were delivered and have the original packaging and labelling.
2) Goods must be returned to EWC, SL in their original box or envelope or, where this is not possible, in a similar packaging to ensure the returned goods arrive in perfect conditions.
3) The package must also include the following documents: a copy of the purchase receipt and a copy of the delivery note indicating which items have been returned and why.
All returns must be sent to EWC, SL’s registered address: Ctra. de El Carche, Km 11,5 – C.P. 30520 Jumilla, Murcia, Spain. In the event of withdrawal, all shipping costs associated with the return of goods shall be borne by the Customer.
(ii) Return of faulty or damaged goods.
Without prejudice to any other rights that the Customer may be entitled to, the Customer has the right to receive a refund of the full purchase price if the delivered goods are faulty or damaged or are not in conformity with the ordered goods. Alternatively, the Customer has the right to request an exchange for a replacement item. Customers who wish to return an item that is faulty, damaged or different from the item ordered must follow the procedure specified in (i) above; in this case, returns will be free of charge for the Customer. So long as the procedure in (i) above is followed and all the requirements in this section are met, EWC, SL shall refund the purchase price for the returned defective or wrong goods in accordance with section (iii) below.
(iii) Refunds.
So long as the procedure in (i) above is properly followed and all the requirements in this section are met, EWC, SL shall refund the purchase price for the returned goods to the Customer. For returns made in the exercise of the Customer’s right of withdrawal, EWC, SL shall not bear any of the costs associated with the return of the unwanted items. Likewise, the Customer shall have no right of refund unless the items are returned in the same conditions in which they were delivered and all the requirements established in these Terms and Conditions are fully met. In the event of partial returns, the refund shall apply only to the item or items that are effectively returned. Refunds shall be made by EWC, SL using the same payment method that was used to make the order within thirty (30) days of collecting the returned order and after the items have been examined by EWC, SL to ensure compliance with the requirements established in sections (i) and (ii) above. The return of funds by EWC, SL to the Customer’s account shall be dependent on the Customer’s bank in question.
MODIFICATION OF TERMS AND CONDITIONS
EWC, SL reserves the right to modify, at any time and without prior notice, the design, presentation and configuration of the Website, as well as these Terms and Conditions. Users and/or Customers shall have free and unlimited access to these Terms and Conditions, which shall appear in a visible place on the Website. Users and Customers undertake to read these Terms and Conditions carefully every time they access the Website’s online shop. In any case, Customers shall have to accept these Terms and Conditions prior to any purchase operation on the Website.
COMMUNICATIONS BETWEEN EWC, SL AND THE USER AND/OR CUSTOMER
All communications between EWC, SL and the User and/or Customer regarding these Terms and Conditions or the purchase of goods on the Website shall be in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case. For any other events which are not expressly regulated by these Terms and Conditions, communications from the User and/or Customer to EWC, SL shall be in writing and to the address specified in the Definitions section above in a way that allows to prove the content and reception of such communications by EWC, SL.
INTEGRITY OF TERMS AND CONDITIONS
These Terms and Conditions, together with the Privacy Policy and the Disclaimer, constitute the exclusive basis for any legal relationship between EWC, SL and its Users and/or Customers and overrides any previous agreements or contracts reached between the parties, orally or in writing.
PARTIAL INVALIDITY
Should any of the clauses included in these Terms and Conditions be rendered invalid, such clause or clauses shall be removed or replaced. In any case, such declaration of invalidity shall not affect the validity of the rest of provisions established in these Terms and Conditions.
LAW AND APPLICABLE JURISDICTION
These Terms and Conditions abide by current Spanish law. Any controversy or claim arising between the parties (either EWC, SL or the User and/or Customer) shall be settled at the Courts and Tribunals of Jumilla, Murcia, Spain, expressly waiving any other jurisdiction the parties may be entitled to.