Terms and Conditions

These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy and the Cookies Policy, the access and use of the website www.themalbechouse.com, as well as the contracting of products and/or services through it. Simple access to the Portal confers the status of Portal User (hereinafter, "the User") and implies acceptance of all the terms included in these General Conditions. If the User does not agree with these General Conditions, he/she must immediately leave the Portal without using it.
By accepting these General Terms and Conditions, the User declares:

• That you have read, understand and comprehend the above.
• That he/she is of legal age in accordance with the regulations in force in his/her place of residence, otherwise the minor must have the authorisation of his/her legal representatives.
• That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.
• That it assumes all the obligations set forth herein.

The User must read these General Terms and Conditions carefully each time he/she accesses the Portal, as the Portal and these General Terms and Conditions may undergo modifications.
The owner of the Portal reserves the right to carry out, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of any elements that make up the design and configuration of the Portal.
The modification of these General Terms and Conditions shall not affect goods or promotions that have been purchased prior to such modification.
In the event that THE MALBEC HOUSE entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties acknowledge that the only valid version of these conditions at any time is the one that appears in the database of the trusted third party.

1. General information about the Portal

In compliance with the provisions of article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, the general information on the Portal is provided below:

HolderTHE MALBEC HOUSE, S.L. (hereinafter referred to as "THE MALBEC HOUSE").
Registered officeAddress: C/ Valencia 176, P-1 (08011), Barcelona, Spain.
C.I.F.: B10653186
E-mail: hola@themalbechouse.com
Telephone: 931126032
Registration dataCommercial Register of Barcelona. Volume 48318, Folio 109, Page B 579931, Inscription 1.

2. Conditions of Use

2.1. Access to the Portal

Simple access to the Portal is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

2.2. Need for registration

The use of certain services and content may be conditional upon prior registration of the User.
The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the safekeeping of his/her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents carried out under the password of a registered User shall be deemed to have been carried out by said registered User, who shall be liable in all cases for said access and use.

2.3. Rules for using the Portal

The User undertakes to use the Portal and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Portal and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User undertakes to:

I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that advocates terrorism or violates human rights.
II.- Not to introduce or disseminate on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
V.- Not to transmit unsolicited or unauthorised advertising, publicity material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
VII.- Not to impersonate other Users by using their registration codes for the different services and/or contents of the Portal.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portal or to third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the secrecy of communications and personal data legislation.

The User undertakes to hold THE MALBEC HOUSE harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User's breach of any of the rules of use indicated above, and THE MALBEC HOUSE also reserves the right to request the corresponding compensation for damages.
Occasionally, THE MALBEC HOUSE will provide the User through its communications, such as periodic newsletters, with a link that will allow him/her to access his/her personal account. This access will be carried out through a unique and private address, so that the User will not need to enter their passwords to access the Portal. Consequently, the User must treat the communications from THE MALBEC HOUSE confidentially and refrain from forwarding them to third parties, in order to avoid unauthorised access to the private information of your account.

Exclusion of Liability

The User's access to the Portal does not imply for THE MALBEC HOUSE the obligation to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
THE MALBEC HOUSE is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Portal.
THE MALBEC HOUSE is not responsible for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of this or previously.

2.5. Content and services linked to through the Portal

The Portal access service may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, "Linked Sites"). In these cases, THE MALBEC HOUSE will only be responsible for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify THE MALBEC HOUSE, without in any case this communication entails the obligation to remove the corresponding link.
In no case, the existence of Linked Sites must presuppose the formalisation of agreements with the responsible or owners of these, nor the recommendation, promotion or identification of THE MALBEC HOUSE with the manifestations, contents or services provided.
THE MALBEC HOUSE does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to THE MALBEC HOUSE.

Intellectual and industrial property

All the contents of the Portal, understanding by these, merely by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are the intellectual property of THE MALBEC HOUSE or third parties, without any of the exploitation rights recognised by the current legislation on intellectual property on the same being understood to have been transferred to the User.
The trademarks, trade names or logos are owned by THE MALBEC HOUSE or third parties, without it being understood that access to the Portal attributes any right over them.
In any case, the User knows and accepts that the ratings and comments made about the products available through the Portal may be accessible to the rest of the Users of the Portal, including the identity of their author.
On all comments freely hosted by the User on the Portal, whether or not they include an opinion or description of the products offered (hereinafter, "the Contents"), the User grants THE MALBEC HOUSE a non-exclusive license of use, worldwide territoriality and with the maximum duration provided by law. On the basis of this license, THE MALBEC HOUSE may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of providing the services offered by THE MALBEC HOUSE and advertise their products and services.

3. Terms and Conditions

3.1. User Registration

The use of the services provided by THE MALBEC HOUSE implies the need for the User to register in the Portal.
The User must register by providing his/her full name and e-mail address. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that he/she has access to it.
In any case, the User will be required to accept these General Conditions, as well as the Privacy Policy and the Cookies Policy.
Once the User is correctly registered on the website, he/she can access "My Account" at any time. Through "My Account" the User can modify his personal data, as well as data related to the shipment of orders, check if he has orders pending delivery.
In the "My Account" section, the User can view the gift vouchers available to him/her, download the invoices for orders and the possibility of cancelling the account at any time by indicating a reason why he/she wishes to cancel it.

3.2. Conditions of dispatch

THE MALBEC HOUSE only ships its products to: Mainland Spain and Balearic Islands. It will not be possible to make the purchase process through the Portal to destinations other than those indicated.
THE MALBEC HOUSE does not ship products to the Canary Islands or the autonomous cities of Ceuta and Melilla.
The purchase of products on the Portal is subject to the payment of shipping costs, payable by the buyer.
Shipping costs will depend on the destination and the number of products purchased according to the indicative table below. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the opportunity to review these costs before finalizing your purchase. THE MALBEC HOUSE cannot be held responsible for delays in the delivery of orders due to causes not directly attributable to THE MALBEC HOUSE, acts of God or force majeure.

(1) The number of bottles in each range is indicated in number of 75cl. bottles. In case of formats larger than 75cl. format, the number of equivalent 75cl. bottles shall be determined to determine the applicable range (e.g. one 1.5L Magnum bottle is equivalent to 2 75cl. bottles).
(2) The periods stated are to be understood as starting on the working day following confirmation of the order.

The above shipping costs include not only the transport of the products, but also their packaging in specially designed boxes for transporting bottles, as well as VAT.
The delivery of the orders will be made at the delivery address freely designated by the User. THE MALBEC HOUSE will not assume any responsibility when the delivery of the product does not take place as a consequence of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot be made for reasons beyond THE MALBEC HOUSE's control, such as the absence of the addressee at the delivery address.
In the absence of the addressee and whenever possible, a note will be left with the necessary information to arrange a new delivery at the addressee's address or the necessary indications for the addressee to collect the product at a specific place. In any case, if 7 days have elapsed since the last delivery attempt without the order having been delivered, the order will be returned to its origin and the contract will be terminated.

3.3. Selection of products by the User

Any registered User may purchase products through the Portal.
The purchase process in THE MALBEC HOUSE is based on a virtual basket, to which the user can add the products he/she wishes to purchase.
To add products to the shopping basket, once the User is on the product description page and has selected the customisation options available, he/she must select the "Buy" option provided.
The User can access and modify the contents of the basket at any time.

3.4. Order processing

Once the products that the User wishes to purchase have been placed in the shopping basket, the User may begin to process the order by selecting the option "View shopping basket", an option that will show the User the contents of the virtual basket, allowing the User to modify the selected products and remove them from the shopping basket.
The User must ensure that the products shown on the screen are the ones he/she wishes to purchase and select from the geographical areas listed the one corresponding to the delivery address. At this point, the total price of the products selected and the shipping costs generated are shown. Also in this section, the User will be able to view, if applicable, the promotions automatically applied to their order, use the promotional codes and/or gift vouchers available to them.
By clicking "BUY", the User accesses a panel where he/she must indicate the shipping information; to continue with the contracting process, the User must fill in the shipping information, including his/her full name, telephone number and address, filling in all the fields marked as compulsory. In this section the User may include the useful information that he/she considers necessary for the courier, although THE MALBEC HOUSE cannot guarantee its fulfilment.
If the User wishes the billing address to be different from the delivery address, he/she must tick the box "Send to a different address" and fill in the corresponding information. In this same section, the User can add a message for the recipient, particularly in the case of gifts.
In the next phase of the purchase process, the User must select the method of payment. At this point, the User is again informed of the exact amount to be paid, resulting from adding the price of the products and the shipping costs, net of any promotional discount and/or gift voucher.
By following the link "PLACE ORDER", the User will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an email to the User confirming the operation.

3.5. Price of products

The prices of the products are those indicated in the attached product description. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).

3.6. Method of payment

The purchase of products through THE MALBEC HOUSE Gateway allows the following payment methods:
- Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS and/or Stripe.
- Payment by Paypal.
To use the credit card through a virtual POS, the buyer must fill in a form indicating the name of the card owner, card type, card expiry date and security code.
THE MALBEC HOUSE does not have access to the bank details linked to the means of payment and does not know or record these details during the payment transaction.

This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of, or negatively influence them. The following activities are prohibited under the card brands' programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: Sale of alcoholic beverages to persons under the age of 18.

3.7. Confirmation of receipt of acceptance

Once the purchase process has been completed, the User will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, date of contract, order number and delivery date. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to THE MALBEC HOUSE or any third party designated for registration and version control, if applicable.

3.8. Right of withdrawal

The purchaser shall in any case have a period of fourteen (14) calendar days after receipt of the Product to exercise his right of withdrawal without having to justify reasons or incur any penalty.
In accordance with article 102.d) of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the supply of goods that may deteriorate or expire rapidly is not applicable, and therefore the right of withdrawal cannot be exercised on bottles that have been opened, for example, due to the rapid deterioration of the contents in such cases.
The purchaser must express their intention to withdraw within the period indicated and must return the product. Likewise, he/she may use the model withdrawal form available on the website. Likewise, the User may send an e-mail to the address hola@themalbechouse.com including his/her name and address, as well as the number of his/her order. They may also contact us by telephone in order to speed up the process of returning the corresponding amounts.
THE MALBEC HOUSE will reimburse the sums paid by the User without retention of costs. However, the cost of returning the product will be borne by the User.
Once received the products on which the cancellation applies and verified their correct condition, THE MALBEC HOUSE will return to the User the sums paid within a maximum period of 10 calendar days. The products that do not keep their original packaging may suffer a depreciation.

3.9 Limitation of units per User

In certain products with reduced quota, THE MALBEC HOUSE reserves the right to limit the number of units available per User, being able to cancel those additional orders that have been placed by the same User. It is understood as the same user those orders that share any of the following data: recipient's name, email, delivery address or payment method. This limitation will be duly specified both in the product file and in the shopping cart by means of a warning message.

4. Nullity and ineffectiveness of clauses

If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and these General Conditions shall remain in force in all other respects, and such provision or part thereof shall be deemed not to be included in its entirety or in part.

5. Applicable law and competent jurisdiction

In accordance with EU Regulation N°524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes with us accessible via the Internet address https://ec.europa.eu/consumers/odr/.
These General Conditions shall be governed and interpreted in accordance with Spanish law. THE MALBEC HOUSE and the User agree to submit any controversy that may arise from the provision of the products or services object of these General Conditions, to the Courts and Tribunals corresponding to the User's address.