Terms and conditions -

Terms and conditions

Contents:

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – Offer

Article 5 – Contract

Article 6 – Right of withdrawal

Article 7 – Consumer obligations during the cooling-off period

Article 8 – Consumer exercising the right of withdrawal and costs thereof

Article 9 – Trader obligations in the event of withdrawal

Article 10 – Preclusion of right of withdrawal

Article 11 – Price

Article 12 – Compliance and additional warranty

Article 13- Delivery and execution

Article 14 – Extended transactions: duration, cancellation and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Supplementary or deviating provisions

Article 1 – Definitions

The following definitions are applied in these conditions:

Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are delivered by the trader or by a third party based on an agreement between that third party and the trader;
Cooling-off period: the period within which the consumer may use his/her right of withdrawal;
Consumer: the natural person not acting for purposes relating to his//her commercial, business, artisanal or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration contract (Extended transactions): a contract that aims for the regular delivery of items, services and/or digital content over a certain period;
Portable data carrier:any tool – also including email – that enables the consumer or trader to store information sent to them personally, in a manner making future consultation or use possible for a period aligned with the aim for which the information is intended, and enables unaltered reproduction of the information stored;
Right of withdrawal: the consumer’s option to renounce the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products, digital content (or access to these) and/or remote services to consumers;
Distance contract:a contract concluded between the trader and the consumer within the framework of an organised system for selling products, digital content and/or services remotely, whereby one or more remote communication techniques are exclusively or jointly used up to and including the conclusion of the contract;
Sample form for withdrawal: the European sample form for withdrawal included in Annex I to these conditions. Annex I is not required to be made available if the consumer has no right of withdrawal concerning his/her order;
Technique for remote communication: medium that can be used for concluding a contract, without the consumer and trader having to convene in the same space simultaneously.

Article 2 – Identity of the trader

Axial Vinos SLU

Business address:

Axial Vinos

CTRA ZV 1201 KM 0,3

50108 Almonacid de la Sierra

Zaragoza, Spain

Telephone: +34 976 780 136

Email: info@axialvinos.com

Chamber of Commerce number (Spanish CIF): B22221956

VAT identification number (Spanish IVA number): ESB22221956

Article 3 – Applicability

These terms and conditions apply to any offer from the trader and to any distance contract arising between the trader and the consumer.
The text of these terms and conditions is made available to the consumer before the distance contract is concluded. If this is not reasonably possible, prior to the distance contract being concluded, the trader shall state the manner in which the terms and conditions can be viewed at the trader’s premises, and that they can be sent to the consumer as soon as possible and free of charge, at his/her request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and prior to this contract being concluded, the text of these terms and conditions can be made available to the consumer electronically, in such a way that this can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, prior to the distance contract being concluded, it must be stated where the terms and conditions can be inspected electronically, and that these shall be sent at the consumer’s request electronically or in a different manner free of charge.
In the event that specific product or service conditions also apply alongside these terms and conditions, the second and third paragraph apply accordingly, and in the event of contradictory conditions the consumer can at all times invoke the applicable provision most favourable to him/her.

Article 4 – Offer

If an offer has a limited validity period or occurs subject to conditions, this is explicitly stated in the offer.
The offer contains an accurate description of the products, digital content and/or service offered. The description is sufficiently detailed in order to enable the consumer to make a proper assessment of the offer. If the trader employs images, these are a realistic depiction of the products, services and/or digital content offered. The trader is not committed by evident omissions or evident errors in the offer.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.

Article 5 – Contract

Subject to the provisions in paragraph 4, the contract takes effect at the moment the consumer accepts the offer, and the conditions imposed with this have been fulfilled.
If the consumer has accepted the offer electronically, the trader immediately confirms the acceptance of the offer electronically. The consumer may dissolve the contract up until the trader confirms this acceptance.
If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data, and ensures a secure web environment. If the consumer is able to pay electronically, the trader shall follow suitable security measures for that purpose.
Within statutory frameworks, the trader may ascertain whether the consumer is able to meet his/her payment obligations, as well as all facts and factors of importance for entering into a distance contract responsibly. If, based on this investigation, the trader has reasonable grounds not to enter into the contract, it is justifiably entitled to refuse an order or request, or to attach special conditions to the execution.
On delivery of the product, the service or digital content at the latest, the trader must send to the consumer the following information, in writing or in such a way that this can be stored in an accessible manner on a durable data carrier:
the visiting address of the trader’s place of business to which the consumer can direct complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the right of withdrawal being precluded;
information concerning warranties and existing aftersales services;
the price including all taxes of the product, service or digital content; the delivery costs insofar as applicable; and the method of payment for, delivering and executing of the distance contract;
the requirements for cancelling the contract if the contract has a duration of more than one year, or is for an indefinite period;
if the consumer has a right of withdrawal, the sample form for withdrawal.
In the case of an extended transaction, the provisions in the previous paragraph only apply to the first delivery.

Article 6 – Right of withdrawal

With products:

The consumer can dissolve a contract relating to purchasing a product during a cooling-off period of at least 14 days, without stating any reasons. Although the trader may enquire to the consumer regarding the reason for withdrawal, the latter is not obliged to state any reasons.
The cooling-off period stated in paragraph 1 takes effect on the day after the consumer – or a third party appointed by the consumer in advance, other than the carrier – has received the product, or:
if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party he/she appoints, has received the final product. The trader may refuse an order for multiple products with differing delivery times, provided it has clearly informed the consumer of this prior to the order process;
if the delivery of a product consists of various shipments or components: the day on which the consumer, or a third party he/she appoints, has received the final shipment or the final component;

with contracts for the regular delivering of products over a certain period: the day on which the consumer, or a third party he/she appoints, has received the first product.

With services and digital content not delivered on a tangible carrier:

The consumer can dissolve a service contract and a contract for delivering digital content not delivered on a tangible carrier for at least 14 days, without stating any reasons. Although the trader may enquire to the consumer regarding the reason for withdrawal, the latter is not obliged to state any reasons.
The cooling-off period mentioned in paragraph 3 takes effect on the day after the contract has been concluded.

Extended cooling-off period for products, services and digital content not delivered on a tangible carrier if no information concerning right of withdrawal has been provided:

If the trader failed to provide the consumer with the legally required information concerning the right of withdrawal or the sample form for withdrawal, the cooling-off period ends 12 months after the end of the original cooling-off period, established in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information intended in the previous paragraph within 12 months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer obligations during the cooling-off period

The consumer shall handle the product and the packaging with care during the cooling-off period. He/she shall only unpack or use the product to the extent necessary in order to establish the product’s nature and the features, and whether it operates. The basic principle in this regard is that the consumer may only handle and inspect the product as he/she might do in a store.
The consumer is only liable for product depreciation resulting from a manner of handling the product deviating from the provisions in paragraph 1.
The consumer is not liable for depreciation of the product if the trader failed to provide him/her with all of the legally required information on the right of withdrawal prior to or when concluding the contract.

Article 8 – Consumer exercising the right of withdrawal and costs thereof

If the consumer exercises his/her right of withdrawal, he/she should report this to the trader within the cooling-off period using the sample form for withdrawal or in different, unequivocal manner.
As soon as possible, yet within 14 days from the day following the notification intended in paragraph 1, the consumer returns the product, or presents this to the trader (or its authorised representative). This is not required if the trader has offered to collect the product itself. The consumer has in any event complied the return period if he/she returns the product prior to the cooling-off period expiring.
The consumer returns the product with all accessories delivered, if reasonably possible in the original state and packaging, and according to reasonable and clear instructions provided by the trader.
The risk and burden of proof for the right of withdrawal being executed correctly and promptly rests with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that it bears the costs itself, the consumer is not required to bear the costs for returning.
If the consumer withdraws after first explicitly having requested the provision of the service or supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity to commence during the cooling-off period, the consumer owes the trader a sum equal to that share of the commitment fulfilled by the trader at the time of withdrawal, compared to the complete fulfilment of the commitment.
The consumer bears no costs for services provided or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or the supply of district heating, if:
the trader failed to provide the consumer with the legally required information concerning the right of withdrawal, the cost reimbursement in the event of withdrawal or the sample form for withdrawal, or;
the consumer did not explicitly request the service provision or supply of gas, water, electricity or district heating to commence during the cooling-off period.
The consumer does not bear any costs for the complete or partial delivery of digital content not delivered on a tangible carrier, if:
prior to its delivery, he/she did not explicitly consent to contract compliance commencing prior to the end of the cooling-off period;
he/she did not acknowledge his/her right of withdrawal when granting his/her permission; or
the trader failed to confirm this statement by the consumer.
If the consumer exercises his/her right of withdrawal, all supplementary contracts are legally dissolved.

Article 9 – Trader obligations in the event of withdrawal

If the trader makes it possible for the consumer to report withdrawal electronically, it immediately sends a confirmation of receipt after receiving this notification.
The trader reimburses all of the consumer’s costs, including any delivery costs paid by the consumer for the returned product, immediately yet within 14 days following the day on which the consumer notified it of the withdrawal. Unless the trader offers to collect the product itself, it may wait to refund until it has received the product or until the consumer demonstrates that he/she has returned the product, depending on which moment falls earlier.
For refunding, the trader uses the same payment method that the consumer used, unless the consumer consents to a different method. The refund entails no charges for the consumer.
If the consumer selected a method of deliver more expensive than the most economical standard delivery, the trader is not obliged to pay the additional costs for the more expensive method.

Article 10 – Preclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, although only if the trader has stated this clearly in its offer, at least promptly before the conclusion of the contract:

Products or services the price of which is linked to fluctuations on the financial market over which the trader has no influence, and which might occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to the consumer who attends the auction, presided over by an auctioneer, in person or receives the opportunity to do so, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after service has been fully executed, although only if:
the execution commenced with explicit prior consent from the consumer; and
the consumer has declared that he/she loses his/her right of withdrawal as soon as the trader has executed the contract in full;
Package holidays as intended in article 7:500 of the Dutch Civil Code and passenger-transport contracts;
Service contracts for providing accommodation, if a certain date or execution period is set out in the contract and for purposes other than residential, goods transport, car hire and catering;
Contracts relating to leisure activities, if a certain date or execution period for this has been set out in the contract;
Products manufactured according to the consumer’s specifications, that have not been prefabricated and that are manufactured based on an individual choice or decision by the consumer, or that were clearly intended for a specific person;
Products that rapidly spoil or have a limited storage-life;
Sealed products that, for reasons of health protection or hygiene, are not suitable to be returned and the seal of which has been broken following delivery;
Products that, due to their nature, are irretrievably mixed with other products following delivery;
Alcoholic drinks the price of which was agreed when concluding the contract, although the delivery of which can only occur after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence;
Sealed audio and video recordings and computer software, the seal of which has been broken following delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible carrier, yet only if:
the execution commenced with explicit prior consent from the consumer; and
the consumer declared that he/she thereby loses his/her right of withdrawal.

Article 11 – Price

The prices of the products and/or services offered are not increased during the validity period stated in the offer, except subject to price changes resulting from changes in VAT-rate adjustments.
By way of derogation from the previous paragraph, the trader offers products or services the prices of which are linked to fluctuations on the financial market and over which the trader has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are recommended prices are stated in the offer.
Price increases within three months after the contract takes effect are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the contract takes effect are only permitted if the trader has stipulated this, and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the contract starting from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance and additional warranty

The trader ensures that the products and/or services comply with the contract, the specification stated in the offer, the reasonable requirements or durability and/or usability, and the statutory provisions and/or government regulations existing on the date the contract takes effect. If agreed, the trader also ensures that the product is suitable for use other than normal use.
An additional warranty provided by the trader, its supplier, manufacturer or importer in no instance restricts the statutory rights and claims that the consumer can exert based on the contract against the trader, if the trader has failed to comply with part of the contract.
Additional warranty is understood to mean any commitment by the trader, its supplier, importer or manufacturer in which it assigns to the consumer rights or claims exceeding its statutory obligations in the event it has failed to comply with part the contract.

Article 13 – Delivery and execution

The trader shall take the utmost care when receiving and when executing orders for products, and when assessing requests to provide services.
The address that the consumer has indicated to the trader applies as the place of delivery.
In accordance with that which has been stated in this regard in article 4 of these terms and conditions, the trader shall execute orders accepted with appropriate haste yet within 30 days, unless a different delivery period has been agreed. If the delivery experiences a delay, or if an order cannot or can only be partially executed, the consumer must be notified of this 30 days after placing the order at the latest. In that case, the consumer is entitled to dissolve contract free of charge, and entitled to potential compensation.
Following dissolution according to the previous paragraph, the trader shall immediately refund the amount paid by the consumer.
The risk of products being damaged and/or lost rests with the trader up until the moment of delivery to the consumer or a representative appointed in advance and made known to the trader, unless explicitly agreed otherwise.

Article 14 – Extended transactions: duration, cancellation and extension

Cancellation:

The consumer can at any time cancel a contract entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services in accordance with the cancellation rules agreed for this purpose and a maximum notice period of one month.
The consumer can at any time cancel a contract entered into for a fixed term and intended for the regular delivery of products (including electricity) or services by the end of the fixed term, in accordance with the cancellation rules agreed for this purpose and a maximum notice period of one month.
Concerning the contracts stated in the previous paragraphs, the consumer can:
- cancel at any time, and not be restricted to cancelling at a certain time or in a certain period;
- cancel at least in the same manner as he/she entered into them;
- always cancel with the same notice period as the trader has stipulated for itself.

Extension:

A contract that has been entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
By way of derogation from the previous paragraph, a contract that has been entered into for a fixed term and intended for the regular delivery of daily newspapers, weekly publications and magazines may be extended for a maximum fixed term of three months, if the consumer can cancel this extended contract at the end of the extension with a maximum notice period of one month.
A contract that has been entered into for a fixed term and that serves for the regular delivery of products or services may only be extended for an indefinite period if the consumer may cancel at any time with a maximum notice period of one month. The notice period is a maximum of three months in the event that the contract intended for the regular – yet less than once a month – delivery of daily newspapers, weekly publications and magazines.
A fixed-term contract for the regular delivery of daily newspapers, weekly publications as an introduction (trial or introductory subscription) is not tacitly continued and automatically ends following the trial or introductory period.

Duration:

If a contract is more than one year in duration, after one year the consumer may cancel the contract at any time with a maximum notice period of one month, unless fairness and reasonableness oppose cancellation before the end of the agreed duration.

Article 15 – Payment

Insofar as not stipulated otherwise in the contract or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period takes effect or, in the absence of a cooling-off period, within 14 days after the contract has been concluded. In the case of a contract to provide a service, this period commences on the day after the consumer has received confirmation of the contract.
If products are sold to consumers, in no instance may the consumer be obliged in the terms and conditions to advance payment greater than 50%. If advance payment is stipulated, the consumer cannot exert any right concerning the execution of the order or service(s) in question, until the advance payment concerned has occurred.
The consumer has the duty to report to the trader any inaccuracies in payment details provided or reported, without delay.
If the consumer fails to fulfil his/her payment obligation(s) on time, and after the trader has indicated the late payment to him/her and the trader has granted the consumer a 14-day period to fulfil his/her payment obligations, if there is still no payment within these 14-day period, the latter owes statutory interest on the outstanding amount, and the trader is entitled to charge the non-legal collection costs it has incurred. These collection costs amount as a maximum to: 15% on outstanding amounts up to €2,500.00; 10% on the subsequent €2,500.00 and 5% on the following €5,000.00 with a minimum of €40.00. The trader can deviate from said amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

The trader possesses a sufficiently publicised complaints procedure and handles complaints according to this complaints procedure.
Complaints concerning the execution of the contract must be submitted to the trader, described fully and clearly, within an appropriate time after the consumer has identified the faults.
The trader must respond to complaints submitted to it within a 14-day period counting from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader must respond within 14 days with notification of receipt and an indication of when the consumer can expect a more comprehensive response.
The consumer must grant the trader at least four weeks to resolve the complaint in mutual consultation. Following this period, a dispute arises that is subject to the disputes procedure.

Article 17 – Disputes

Contacts between the trader and the consumer to which these terms and conditions relate are exclusively subject to Dutch Law.

Article 18 – Supplementary or deviating provisions

Supplementary provisions or those deviating from these terms and conditions may not be to the detriment of the consumer, and must be established in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.