1. INTRODUCTION

This document (together with all the documents mentioned hereto) establishes the conditions governing the provision of services and the purchase of products from  (hereinafter the “Conditions”).

The provision of services and the sale of items through the web platform are carried out under the name RECAREDO MATA CASANOVAS, S.A., with N.I.F. A08572752, with registered office at Carrer Tamarit 10, Sant Sadurní d’Anoia, 08770, Barcelona. The company is registered in the Mercantile Registry of Barcelona, Sheet 42170, Folio 127, Volume 3955, 1st inscription.

The contact details are:

e-mail: online@recaredo.com 

Telephone: 93 891 02 14

These  Conditions regulate the sales relationship between RECAREDO and the User/Customer, in accordance with the legal stipulations, in particular, Law 7/1998, of 13 April, on General Contracting Conditions, Law 3/2014, of 27 March, which modifies the rewritten text of the General Law for the Defence of Consumers and Users, Royal Decree 1906/1999, of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions, the Organic Law 3/2018, of December 5th on Personal Data Protection and guarantee of digital rights, the Law 7/1996, of January 15th, on Retail Trade Regulation, and the Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

These contract conditions are complementary to our Legal Notice. Please read these Conditions, our Legal Notice, Cookies Policy and Privacy Policy carefully before accessing the service.

Both the navigation through the website , and the acquisition of the products offered therein, once the purchase process ends, shall entail the acceptance of the present Conditions, the Legal Notice and the Cookies Policy.

THESE CONDITIONS MAY BE MODIFIED. It is your responsibility to read them periodically, as those in force at the time of placing orders or using the web platform will be applicable.

If you have any questions regarding the Conditions or the Data Protection Policy, you may contact us at online@recaredo.com

2. USE OF OUR WEB PLATFORM

By using the services and placing orders through , you agree to

  • Use this website only to make legally valid enquiries or orders.
  • Not to place any false or fraudulent order. If a reasonable suspicion arises that such an order has been placed, we will be authorised to cancel it and inform the relevant authorities.
  • Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also authorize us to use this information to contact you if necessary (check our Privacy Policy).

It is important to note that if you do not provide us with all the necessary information, we will not be able to process your order or provide you with the requested services.

By placing an order through this website, you represent that you are at least 18 years old and have the legal capacity to enter into a contract.

3. USER REGISTRATION

In order to purchase any of the products available at you can either create a USER ACCOUNT, or proceed to place an order without registering.

Once you have provided us with your email address and your order has been placed, you will be able to receive the tracking alerts for your shipment in the email you have provided us with for such purpose.

Only people of legal age may purchase our products and register on our platform.

Whichever way you choose to contract our services, you must provide the following information:

  • Name
  • Last name
  • Address
  • Email Address
  • Phone
  • Password (Only for registered Users and club members)

In the procedure of creating the User account, you agree to:

  • Not to register by deliberately providing false or inaccurate data or by impersonating a third-party.
  • Use only the account registered in your name, not using third party accounts without their prior and express consent.
  • Not to sell, market or transfer the account to third-parties.
  • Be solely responsible for any activity that takes place from your account, keeping it updated at all times.
  • Ensure the strict confidentiality of your data and passwords, since you assume the damages that may arise from the violation of the said confidentiality.

RECAREDO reserves the right to block or eliminate the User’s account when there is a breach of the terms set out here or of any other general applicable terms.

At any time, you may modify or cancel your data through the setting up options in “My Account” or by writing to: online@recaredo.com

4. PRIVACY POLICY: YOUR DATA AND VISITS TO THIS WEB PLATFORM

The information or personal data you provide us with will be processed according to our Privacy and Cookies Policy. By contracting the services available on this web platform, you expressly consent to the processing of such information and data, and declare that all information is true and corresponds to reality.

In any case, the data you make available to us will be incorporated to a file under the responsibility of RECAREDO MATA CASANOVAS, S.A., and you will be entitled to exercise the rights of access, rectification, erasure, restriction, portability and object.

The purpose of processing your data is only to, successfully, complete the order and ensure its delivery once you have performed the purchase of the selected products. Likewise, you will receive the relevant information about your order and, you may be contacted for its delivery if needed.

Your data will not be transferred, except for the fulfilment of the described purposes and/or due to legal requirements.

RECAREDO does not have access to your card details, but only informed automatically by Servired of the purchasing success or failure.

For more information you can access:

PRIVACY POLICY: https://www.recaredo.com/es/politica-privacidad/

COOKIES POLICY: https://www.recaredo.com/es/politica-de-cookies/

LEGAL NOTICE: https://www.recaredo.com/avis-legal/

5. SERVICES

is an online shop where you can buy wine exclusively made by RECAREDO. Only those of legal age may register and purchase on the web platform.

5.1 PLACING AN ORDER

  • HOW IT WORKS:

The purchase procedure over is an indirect electronic contracting because, although there is a contract entered into online, there is also physical delivery of the purchased goods.

For the purchase of a product, first, select it and add it to the “shopping cart”. Later, before completing the purchase, the User will be able to amend the selected products.

If the User continues with the purchase process, these Conditions should be, carefully, read, bearing in mind that they will be expressly accepted once the purchase is completed through the “click”.

The User can make the purchase either as a registered user or not. In both cases, the necessary essential data to complete the order must be provided by filling the relevant online form.

Finally, the User shall pay by credit card through the virtual TPV. Once the order has been placed, a confirmation email accepting the order will be sent within 24 hours.

  • DELIVERY

As a general rule, the products will be delivered to the address provided by the User within the next three working days of the order confirmation.

  • PRICE:

The prices of the products will be those stipulated at each moment on the website and will be expressed in the official currency of the European Union (euros).

The prices indicated for each product on the sales platform include Value Added Tax (VAT) and other taxes that may be applicable.

The prices do not include shipping costs or any other services added to the product purchased. For the territories of the peninsula, the shipping will be free provided that the order exceeds 75 euros. Shipping to the Balearic Islands will be free provided that the order placed exceeds 95€.

Shipments to Canary Islands, Ceuta and Melilla can only be performed by sending an email to online@recaredo.com and, in such case, additional custom expenses may arise.

The price of the product, applicable taxes and shipping costs will be broken down at the time of purchase, so that the User can exactly know each item’s price.

Prices may change at any time. However, possible changes will not affect orders for which we have already sent you a confirmation email.

  • PAYMENTS:

Payments must be made by credit or debit card.

All operations involving the transmission of personal or bank details are carried out securely. RECAREDO guarantees that the transactions carried out on the web platform are safe.

By “clicking” to complete the order, you are confirming the ownership of the card and accepting these Conditions expressly.

It is important to note that credit cards are subject to verification and authorization by the card issuer. If this entity does not authorize the payment, we will not be responsible for any delay or non-delivery, and we will not be able to formalize the purchase contract.

When you pay by card, you will be referred to the Servired online payment system platform (CaixaBank). This is a secure and encrypted environment where you can enter your card details (Visa, Visa Electron or Mastercard).

  • CANCELLATIONS:

The order may be modified or cancelled before shipment. To do so, it will be necessary to contact RECAREDO as soon as possible by e-mail online@recaredo.com or by telephone 93 891 02 14. In the event that your order has not been sent, the purchase amount will be fully refunded within 14 days.

6. ERRORS

If you detect any errors with your personal data during registration as a User, you can modify them in the “My Account” section.

If you have placed an order without registering, you may correct any errors related to the personal data provided during the purchase process by contacting online@recaredo.com, as well as exercise your right to rectify it as set out in our Privacy Policy by sending an email to the same address.

This web platform shows confirmation windows in various sections of the purchase process that do not allow you to continue with the order if the data in these sections has not been, correctly, provided. Likewise, we offer the details of all the articles that you have added to your “cart” during the purchase process, so that, before making the payment, you can modify the data of your order or rectify any error.

If you detect any error in your order after the completion of the purchase process, you must contact us at online@recaredo.com, immediately, to correct the said error.

7. PRODUCT AVAILABILITY

The wines and prices are valid while displayed on the web platform. However, all orders are subject to product availability.

We try to keep the stock levels of the online store updated at all times, always sending the vintage listed on the website in the purchase process. If there are any difficulties in supplying products or if there are no items left in stock, you will be offered a refund of any amount you may have paid, or an alternative wine vintage at the same price.

8. DELIVERY

From the moment you receive the purchase confirmation e-mail, you will receive your order in about 3 working days and, in any case, within a maximum of 30 days from the date of the order confirmation. However, such three days delivery period could be altered depending on the distribution network of the area or due to exceptional circumstances.

If for any reason we were unable to deliver, we would inform you of this circumstance and give you the option of continuing with the purchase by setting a new delivery date.

Please note, in any case, that we do not process orders on Saturdays, Sundays, public holiday eve, or on other dates specifically indicated by RECAREDO.

According to these Conditions, it will be understood that the “delivery” has taken place or that the order has been “delivered” when the User or an authorized third party receive the product and put down their signature on the relevant delivery note.

The order will be delivered to the address specified at the time of purchase.

9. IMPOSSIBILITY OF DELIVERY

The courier company will make two attempts to deliver your order.

If we are unable to deliver the order to the address specified at the time of purchase, the courier company will leave a note and your order will be returned to the sender. In this case, you will be informed when RECAREDO has the goods back and, a second shipping for the products will be offered again, at your own expense. If you no longer want the product and it is in good condition, you may be reimbursed the amount paid, although the shipping costs will be non-refundable.

10. TRANSFER OF RISK AND OWNERSHIP

You will bear the potential risks associated with the products upon their delivery to you.

You acquire ownership of the products when we receive full payment of all amounts due in respect of the products, including shipping costs, or upon delivery, if delivery takes place at a later date.

11. VAT AND INVOICES

Under the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, when the delivery address of the goods is within the Spanish territory, it will be understood that the Spanish VAT applies to the shipment (unless for the Canary Islands, Ceuta and Melilla). The applicable VAT rate will be the one legally in force at any given time according to the specific item.

For those orders addressed to the Canary Islands, Ceuta and Melilla, deliveries will be VAT exempt according to the provisions of Article 21 of Law 37/1992, without prejudice of the corresponding taxes and duties that may apply under regulations in force in each of these territories.

You expressly authorise us to issue the invoice on an electronic medium, which you will receive after confirmation of your order. However, you may at any time indicate your wish to receive a paper invoice, in which case we will issue and send it in this format to the address shown in the order.

12. RIGHT OF WITHDRAWAL, DEFECTIVE PRODUCTS, RETURNS AND REFUNDS

According to Article 102 of the General Law for the Defense of Consumers and Users, the consumer and user will have the right to withdraw from the contract for a period of 14 calendar days without indicating the reason and without incurring any additional cost. However, the transport costs of the return will be at your expense.

The right of withdrawal may not apply when there are indications that the products have been opened, handled or exposed to inappropriate conditions. It is mandatory to return the products protected correctly, in their original packaging and in perfect condition for subsequent sale.

Before any shipment, in RECAREDO we review each product to ensure it arrives in perfect conditions to the consumer. We make tastings of the lots we serve and have an optimal product rotation. However, it could be possible that some bottles may arrive at their destination in a defective way. In this case, if you consider that at the time of delivery the product does not comply with the terms of the purchase contract, you should contact us immediately (within 48 hours) at online@recaredo.com, indicating your name and surname, order number and reason for the complaint. Later, you will receive an informative mail about the return process and the refund.

Once we have received the defective wine, we will check it carefully and will inform you by e-mail, within a reasonable time, whether a refund or replacement is appropriate. Under no circumstances bottles of wine will be accepted as defective if they are missing more than the amount needed to taste them. The refund or replacement of the item will be made as soon as possible and in any case within 14 days from the date on which we confirm you, by email, that either a refund or replacement is deemed correct.

Amounts paid for products sent back due to a defect, where it exists, will be fully refunded to you, including any delivery charges incurred in delivering the item to you/or any costs you may have incurred in returning it to us. If the product meets the sale conditions, the said costs will be at the User’s expense.

The refund will be made in the form of payment used by the customer within approximately 14 working days of receipt of the goods by RECAREDO.

13. INTELLECTUAL PROPERTY

RECAREDO is the owner or licensee of all the intellectual property rights of the web platform, as well as of all the contents included therein. Therefore, the reproduction, distribution, communication to public and/or transformation of all or part of the contents without due authorization is prohibited.

In addition, you agree not to remove, delete, alter, manipulate, or in any way modify those notes, legends, indications or symbols that either RECAREDO or the legitimate owners of the rights, incorporate into their properties in terms of intellectual or industrial property (such as copyright, ©, ® and ™, etc.), as well as technical protection or identification devices that may contain the contents (such as watermarks, fingerprints, etc.).

14. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

Applicable regulations require that some of the information or communications we send you to be in writing. Consequently, you agree that most of such communications with us will be electronic.

We will contact you by email, or we may provide you with information through notices on the web.

For contractual purposes, you consent to the use of electronic means of communication. Be informed that any contracts, notices, information and other communications that we send to you electronically comply with legal requirements for written form. This condition will not affect your statutory rights.

Notices to us should preferably be sent to online@recaredo.com.

Unless otherwise specified, we may send you communications by e-mail.

15. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as on our respective successors, assigns and assignees.

You may not transfer, assign, encumber or otherwise dispose of a contract or any of your rights or obligations under it without our prior written consent.

We may transfer, assign, encumber, sub-contract or otherwise transfer a contract or any of the rights or obligations under it at any time during its term.

For the avoidance of doubt, any such transfer, assignment, encumbrance or other transfer will not affect your statutory rights as a consumer, nor will it negate, reduce or otherwise limit any warranties, express or implied, that we may have given you.

16. FORCE MAJEURE

We will not be liable for any failure or delay in the performance of any of our obligations under this Agreement where such failure or delay is due to events beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to perform, omission or accident which is beyond our reasonable control and shall include, but not be limited to, the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
  • Impossibility of  using  trains, ships, planes, motor transport or other means of, public or private, transport.
  • Impossibility of suing public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Obligations shall be deemed to be suspended for the time that the Force Majeure Event continues, and we shall have an extension of time for fulfilling such obligations for a period of time equal to the duration of the Force Majeure Event.

We will use all reasonable endeavours to terminate the Force Majeure Event or to find a solution that will enable us to fulfil our obligations despite the Force Majeure Event.

17. PARTIAL NULLITY

If any of these Conditions or any provision is declared null and void by a final decision of the competent authority, the remaining terms and conditions shall remain in force and, shall not be affected by such declaration of nullity.

18. FULL AGREEMENT

These Terms and Conditions and any documents expressly referred to them constitute the entire agreement between you and us. They supersede any prior agreements, understandings or promises made between us either orally or in writing.

We both acknowledge that we have consented to the conclusion of a contract without relying on any statement or promise made by the other party or which may be inferred from any statement or writing in the negotiations between us before the contract, except as expressly referred to in these Conditions.

Neither you nor we shall have any action against any untrue statement made by the other party, whether orally or in writing, before the date of a contract (unless such untrue statement was made fraudulently) and the only action available to the other party shall be for breach of contract under these Conditions.

19. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Terms and Conditions at any time.

Bear in mind that, while using this website or placing orders through it, you are subject to its current Policies and Conditions unless, either by law or Governmental agency decisions, we were required to, retroactively, implement changes to them, in which case those changes would also affect those orders placed before.

20. APPLICABLE LAW AND JURISDICTION

The use of our web platform and contracts for the purchase of products through it will be governed by Spanish law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts, specifically the courts of Barcelona, unless by right it corresponds to the consumer’s jurisdiction.

21. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are welcome.

Please send us your comments and suggestions, as well as any queries, complaints or claims, by e-mail to online@recaredo.com.