By means of this document the General Contracting Conditions of the web site www.almaatlantica.com are established, which has as its object the purchase and sale of products of Bodegas Martín Códax S.A.U (hereinafter, Alma Atlántica), with CIF A36033009 and domiciled in Burgáns 91, Vilariño, Cambados, Pontevedra, 36633, Spain, by those natural or legal persons (hereinafter, contracting person or user) who manifest their will to acquire the products that are put at their disposal in the shop of the website www.almaatlantica.com by request made by electronic means, specifically, via Internet through this website owned by Alma Atlántica.

 1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT

The present General Contracting Conditions are permanently displayed on the website www.almaatlantica.com, owned by Alma Atlántica, and all users may file them, print them and, therefore, be previously informed of the conditions under which the contracting of the products of the shop (hereinafter, the product) will be carried out.

Likewise, these General Conditions are reiterated together with a summary of the specific request -specific product/s contracted, cost with indication of taxes if applicable, shipping costs, etc.- for express acceptance by the contracting person, by clicking "I have read and accept the terms and conditions", each time a specific request is made through the website.

It is not technically possible for the contracting person to complete the order without acceptance of these General Terms and Conditions. In order for the contracting person to be able to make this acceptance and, therefore, to complete the order, he/she must provide his/her data when placing the order at www.almaatlantica.com, at which time he/she accepts these Conditions and the Privacy Policy of the website.

The contracting person, by accepting these Conditions gives his express and unreserved consent for Alma Atlántica to carry out the necessary collection operations for the acquisition of the product that he contracts, expressly authorising Alma Atlántica to make said collection in the payment methods that he himself has selected or introduced from the secure area enabled for this purpose, in accordance with the regulations of payment services.

The present General Conditions together with the specific request made through the Internet by the contracting person -also called "Particular Conditions"- make up the content of the contract between Alma Atlántica and the contracting person who declares to have sufficient capacity to contract and to have read, understood and accepted the present conditions.

Alma Atlántica, at the time of contracting and within a period not exceeding twenty-four hours, will send to the e-mail address associated with the account of the contracting person the confirmation of the order placed.

The contracting person will have these General Conditions permanently available on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the website www.almaatlantica.com. All the aforementioned documentation may be printed and filed by the contracting person and may be requested at any time from the Customer Service Department, via e-mail sent to info@almaatlantica.com; or by calling the telephone number 986 52 60 40.

Any request for information, or complaint that is considered relevant, may be submitted to the Customer Service Department at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the complaint submitted by sending the relevant receipt - with the corresponding identification code - to the e-mail address to be provided to the Customer Service Department in order to process the complaint.

2.- OBJETCT OF THE CONTRACT

By the present contract, Alma Atlántica undertakes to deliver to the contracting person the product that he/she has requested through the website www.almaatlantica.com in exchange for a certain price and in accordance with the conditions established in this document.

3.- RIGHTS AND LIABILITIES OF ALMA ATLÁNTICA

3.1. Product Delivery

Alma Atlántica undertakes to deliver the product in perfect conditions at the address that the contracting person indicates in the form where the particular conditions that are attached to these general conditions are stated. Alma Atlántica will not be responsible for the errors caused in the delivery when the data introduced by the contracting person in the order form does not adjust to the reality or has been omitted.

Unless otherwise agreed by the parties, Alma Atlántica will deliver the product by transferring its material possession or control to the contracting person, without undue delay and in accordance with the deadlines indicated on the website, which in no case will exceed thirty calendar days from the conclusion of the contract.

Items purchased on www.almaatlantica.com will be shipped through the name of a transport company.

3.1.1. Delivery Area

In the mainland Spain, deliveries take between 3 and 5 working days to be delivered. Deliveries to the Balearic Islands will take between 4 and 6 working days after the order has been placed.

The time starts at 9am on the morning of the next working day after the order is confirmed.

We do not ship to the Canary Islands, Ceuta, and Melilla.

3.1.2. Shipping Costs

For mainland Spain and the Balearic Islands, the shipping costs are as shown in the table below:

UNITS

1 - 3 bottles

4 - 6 bottles

7 - 12 bottles

Free shipping from

Delivery time

MAINLAND SPAIN

6,00 €

8,00 €

8,00 €

50,00 €

2 - 3 working days

BALEARIC ISLANDS

14,00 €

24,00 €

24,00 €

100,00 €

3 - 4 working days

The rates detailed in this section include, in addition to the transport of the products ordered, their packaging in boxes specially designed for transporting bottles and insurance against loss or breakage.

3.2. Alma Atlántica Liability

  • Alma Atlántica will in no case be responsible for:
    • Errors, delays in access by the contracting person when entering their data in the order form, the slowness or impossibility of order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of Alma Atlántica. In any case Alma Atlántica commits itself to solve the problems that may arise and to offer all the necessary support to the contracting person to reach a quick and satisfactory solution for said incident.
    • Errors or damage caused by inefficient use of the product and bad faith on the part of the contracting person.
    • The non-operability of the email address provided by the contracting person for the sending of the order confirmation.

Alma Atlántica has the absolute responsibility for the quality of the product admitting the return of the same if these are defective or do not arrive to the contracting person in correct state. Alma Atlántica will take care, in this case, of the expenses caused as a consequence of such return as long as the contracting person communicates this fact, in the maximum term of fourteen calendar days counted from the date of delivery and the product has not been consumed or altered in any case. Alma Atlántica is exempt from any responsibility in relation to the possible breakages or defects of the product produced after the delivery of the same. Likewise, Alma Atlántica will not have any responsibility in relation to that product that has already been consumed or used without any type of incidence on the part of the contracting person who intends to make a claim.

The contracting person, before signing the delivery of the order must check that the product is delivered in perfect condition, if he/she gives his/her conformity at the time of delivery it is understood by both parties that the product was delivered correctly and that therefore, the possible deterioration occurs after its delivery.

The contracting person expressly waives the right to claim any contractual or extra-contractual liability for possible damages arising from the aforementioned in this clause. In any case, the liability of Alma Atlántica if it breaches the provisions of this agreement under the terms of these general conditions will be limited to the refund of the amount that, when appropriate, the contracting person may have paid in relation to the product and always after the contracting person has returned the product in question.

The contracted product has the guarantee of conformity established by Law. If the product does not conform to the contract, the contracting person may choose between demanding the replacement of the product, or, where appropriate, a reduction in its price or the termination of the contract, under the legally established terms.

 4.- RIGHTS AND LIABILITIES OF THE CONTRACTING PERSON

4.1. Payment

The contracting person undertakes to pay the amount for the product actually ordered in the amount and in the manner established in these Conditions.

This website has an SSL (Secure Socket Layer) security certificate. This security standard allows secure and encrypted data transfer between the user and the website. When a secure connection is established, the following is fulfilled:

  • The security certificate guarantees the authenticity of the website (it is not a fake website).
  • It encrypts the information transferred from the user's browser to the web server where the website is hosted.

4.2. Fees

The prices and tariffs applicable to the contracting by the user of the services, will be the ones that appear in the web page property of Bodegas Martín Códax S.A.U: http://www.almaatlantica.com, at the moment in which the user accesses the specific service, and proceeds to initiate the process of contracting.

Bodegas Martín Códax, S.A.U. reserves the right to modify the prices of the products published in the web page mentioned above, when it considers it convenient and making it visible in the web page.

In the event of an error on the price of the product requested by the contracting person, Alma Atlántica will inform him/her as soon as possible and will give him/her the option to reconfirm the order at the correct price or to cancel it. In the event that the contracting person cannot be contacted, the order will be considered cancelled, and the amounts paid will be refunded in full, without the right to any compensation whatsoever.

The full final price shall include: taxes or fees, the amount of any increases or discounts applicable to the offer and any additional costs - for example, those associated with transport, means of payment, etc. - that are passed on to the contracting person, which shall be expressly accepted by the contracting person.

The applicable prices are those appearing on the website at the time the customer places the order.

The price of the products that appear on the web includes the corresponding Value Added Tax (VAT) according to the product.

Alma Atlántica will issue the invoice corresponding to the contracted product detailing all the concepts that comprise it. The contracting person expressly consents to the remission of that invoice electronically, to the e-mail address provided when processing the order. At any time, the contracting person may communicate their wish to receive the invoices in paper format, by means of a communication addressed to the Customer Service Department.

4.3. Payment Methods

The contracting person must pay the amount corresponding to the contracted product by any of the payment methods and procedures available on the website, Alma Atlántica only accepts payments made by Paypal and credit card (VISA, AMERICAN EXPRESS, MasterCard).

The Alma Atlántica website complies with the standards linked to SSL protocols. This ensures a secure and private transaction, guaranteeing the customer that Alma Atlántica will not be able to access or store any data provided by the customer when paying by virtual POS payment.

The additional costs associated with the selected payment methods must be paid and confirmed separately under the terms indicated on the website. PayPal has additional costs associated with it.

4.4. Cancellations and Returns

The customer will have a maximum of 15 calendar days from receipt of the order to process its return, in accordance with the applicable legislation. Once these 15 days have elapsed, Alma Atlántica will not accept the return.

In order to process a return, the user must contact Alma Atlántica at 986526040, from where the necessary steps will be taken, under the following conditions:

  • The product must be returned in its packaging and original state, including the proof of purchase and the delivery note of the product, as well as the reason of the return.
  • The return must be sent to Bodegas Martín Códax S.A.U. Lugar de Burgáns, 91. Vilariño. 36633 Cambados Pontevedra. The shipping costs will be assumed by the client.

4.5. Product Liability

If the wine is not in optimum condition and/or has a defect, it may be returned within a maximum period of 15 calendar days from receipt of the order, and a replacement will be made. The user will have the right to claim, and to be given, an equal product in perfect condition. If the product is not available, the company will proceed to reimburse the amount paid by the customer, including shipping costs, according to the payment method used in the purchase.

In the specific case of defective products, or products that do not match the order placed by the customer, the customer shall not be liable for the cost of returning such products.

4.6. Refund

Provided that the user has complied with the aforementioned conditions, Alma Atlántica will proceed to reimburse the price paid by the user for the products returned. In case of return due to withdrawal, Alma Atlántica will not pay the return costs.

In case of non-compliance with the requirements included in the present General Conditions, the user will not be entitled to a refund of any amount.

In the case of a partial return, the user will be reimbursed the corresponding amount for the returned products.

Alma Atlántica will proceed to the return of the order by means of the same method of payment used by the user for the purchase, within 20 days from the collection of the product and after the relevant verification of the state of the said product.

4.7. Liability of the contracting person

The contracting person assumes all risks of deterioration, impairment, damage and loss of the product from the moment it has been placed at his disposal by the third party who, on behalf of Alma Atlántica, delivers the ordered product.

The contracting person shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and, when appropriate, the functioning of the products.

The contracting person undertakes to check the good condition of the product with the third party who, on behalf of Alma Atlántica, makes the delivery of the requested product, verification to be made prior to the signing of the proof of delivery made.

5.- TERMINATION

Alma Atlántica and the contracting person may terminate this contract for any of the causes established by law and in particular for breach of these General Conditions. The termination of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the address of Alma Atlántica, duly identifying the contract to be terminated.

6.- COPYRIGHT 

Alma Atlántica informs that its own contents, the programming, and the design of the website www.almaatlantica.com, are fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the referred protected elements except with the express consent of Alma Atlántica.

Alma Atlántica may use external sources for the elaboration of its contents on certain occasions and/or establish links or hyperlinks to articles or information of third parties, always quoting the source. The legitimate owner of the copyright of this information may request at any time the elimination of the referred references.

7.- DATA PROTECTION

The data provided by the contracting person in accordance with these General Conditions will be processed in accordance with the terms stipulated in the Privacy Policy published on the website.

8.- JURISDICTION AND APPLICABLE LAW

These general conditions are governed by Spanish Law. The Courts of Cambados are competent to resolve any dispute or conflict arising from these general conditions, and the contracting person expressly waives any other jurisdiction that may correspond to them. Consumers may use the platform for out-of-court settlement of disputes arising from contracts of sale or provision of services concluded online, accessible through the following link: http://ec.europa.eu/odr.

9.- OTHERS

In the event that any clause of this document is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these conditions. The present contract is made in Spanish and English, however, in case of any discrepancy or inconsistency between the two versions, the Spanish version shall prevail. Alma Atlántica may not exercise any of the rights and faculties conferred in this document which will not imply in any case the waiver of the same unless expressly recognised by Alma Atlántica.