General Terms and Conditions

These General Terms and Conditions of Use and Purchase (hereinafter, "General Conditions") apply, along with the Privacy Policy and Cookie Policy, to the access and use of the website accessible through the domain name www.garciacarrion.es and its subdomains as well as the purchase of products and/or services through it. Simple access to the web site attributes to who performs the condition of website user and implies acceptance of all terms included in these General Conditions. If they User does not agree with these Terms and Conditions, they must immediately leave the Website without using it.

By accepting the General Conditions, the User expresses:

  • That they have read and understood what is stated herein.
  • That they are of legal age according to the laws of their place of residence; otherwise the child must have the authorization of their legal guardians.
  • That, if they opt to purchase any product and/or service, they have sufficient capacity to do so.
  • That they assume all obligations set forth herein.

The User should carefully read these Terms and Conditions each time they access the Website, as the site and these General Conditions are subject to change.

1. General Conditions of use of https://garciacarrion.com/

1.1 Ownership of the portal
In compliance with Spanish Law 34/2002 on Information Company Services and Electronic Commerce, we inform you that this website is owned by J García Carrión, S.A. (hereinafter García Carrión), headquartered at Carretera de Murcia s/n 30520 Jumilla (Murcia), C.I.F. (tax ID) A08267403, registered in the Commercial Register of Murcia under volume 1445, folio 181, sheet no. MU-26.845, entry 2, which owns the web portal https://garciacarrion.com/ (hereinafter the Portal) and makes it available to Internet users (hereinafter the User or Users as appropriate) in order both to provide information about the company, its plants and wineries, products and promotions related thereto, as well as allow the provision of various services through the Portal (User registration, receipt of newsletters and online purchase in their online shop - hereinafter the Shop, among others).

Access to our website by the USER is free and subject to prior reading and express acceptance, expressly and without reservations, of the TERMS AND CONDITIONS OF USE in force at the time of access. Please read it carefully. The USER, when using our portal, its contents or services, accepts and is expressly subject to the general terms and conditions of use thereof If the user does not agree with these terms of use, they should refrain from using this portal and operating through it.

1.2.-The General Terms and Conditions of Use of the Portal, along with the general terms and conditions governing the provision of services, and/or any conditions that may be established, are intended to regulate the provision of information as trade relations arising between García Carrión and Users of the Website. 

By navigating the Portal and/or the use of the services included in it (Registration, Newsletter or Shop), you acquire the status of User. Both the navigation and use and/or use of any of the Portal services imply acceptance as User, without reservations of any kind, of each and every one of these General Terms and Conditions of Use, of the Terms and Conditions of Purchase, which where appropriate governs the provision of the services offered on the Website, and where appropriate, the Special Conditions that might exist in relation to the provision of services.

1.3. García Carrión may, at any time and without notice, modify these General Terms and Conditions and the Terms and Conditions of Purchase set forth below (number 2) and/or the Special Conditions that, where applicable, are included by posting such changes on the Website so that they can be known by Users, in any event before visiting the Website or the acquisition of any goods offered on the Website.

2. General purchasing conditions of the online store of https://garciacarrion.com/

2.1. General purchasing conditions
2.1.1. The general purchasing conditions, together with any secial conditions that may be established, expressly regulate the relations arising between García Carrión and the "Users" who use the shop, as well as third parties who contract the products offered through the same.

2.1.2. The General Terms and Conditions have been prepared in accordance with the provisions of the following standards: 

  • Law 7/1998 on General Conditions of Purchase 
  • Royal Decree 1906/1999 regulating telephone or electronic purchases with general conditions implementing article 5.3 of Law 7/1998. 
  • Law 7/1996 on Retail Trade Regulations 
  • Royal Decree-Law 14/1999 regulating Electronic Signatures
  • Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws
  • Organic Law 15/1999 on Protection of Personal Data (LOPD) and Royal Decree 1720/2007 on implementation of the LOPD

2.2. Products offered. Purchase system

2.2.1. The products offered in the store, along with their features and prices, will be displayed on the screen.
Shipping costs to the user of the products, which will vary depending on the destination (inside or outside Spain) and the number of boxes shipped, will also appear on screen. Shipping costs will be billed per complete boxes in multiples of six bottles per case in 0.75 cl bottles,  rounding these costs to the nearest number of bottles requested by the user whenever this is not a multiple of six (6) bottles.

Products will be available for sale until stocks last. Prices shown on screen are in euros and include VAT and any other taxes that may be applicable and are in force, except in the case of typing error.

The offers will be properly displayed on the screen. García Carrión reserves the right to decide, at all times, products offered to Users through the Shop and contained therein. Thus, García Carrión may add new products to the store at any time with the understanding that, unless new conditions are presented, such new products shall be governed by the provisions of the General Terms and Conditions in effect at that time. 

Likewise, García Carrión reserves the right to cease providing access, at any time and without notice, to any of the products offered in the Shop. 

2.2.2. To acquire the products offered in the Shop García Carrión shall ask users to register as appropriate, for which those Users, who must be over eighteen (18) years, must complete the instructions that appear on the screen and they will be required to execute the following instructions: 

  • Full completion of the electronic form that appears on the Website, at all times, following the instructions therein. 
  • Clicking the "OK" button. 
  • Receipt of the "User Name" and "Password" in the User's email account. 

The Username and Password are personal and not transferable. García Carrión may make, with due notice, changes to the username and/or password, in which case the changed passwords shall lose their validity.

2.2.3. Once the User has registered, and to proceed with the purchase of Products, they must add the product they want to the shopping cart, according to the indications listed on the screen, filling in for this purpose the order form provided and sending it to Garcia Carrión, which implies the reading and acceptance of all the General Purchasing Terms and Conditions and, where applicable, the Special Conditions.

It shall be understood that the purchase was made at the headquarters of García Carrión, located at Carretera de Murcia s/n, 30520 Jumilla (Murcia).

2.2.4. Once the purchase has been made, and in the shortest time possible and no later than thirty (30) days from the execution of the purchase, the Customer Service Department of García Carrión shall forward the corresponding invoice to the purchaser, as so requested, at the address indicated on the form or by email to the e-mail account that the user has indicated during registration. The order confirmation sent by García Carrión is not valid as an invoice, just as proof of purchase.

2.3. Payment method, delivery and cancellation of orders

2.3.1. Payment of the price of goods purchased and the shipping costs associated therewith, which will appear on the screen, can be made by credit card, transfer, PayPal or cash on delivery. 

To pay by credit card, the user must follow the instructions on the screen, providing the following information:

  • Card number 
  • Expiration date
  • CVV2 or CVC2 code on the card

García Carrión utilizes the ecommerce payment gateway Santander Elavon in its electronic payment system. All data provided for this purpose is encrypted under the SSL (Secure Socket Layers) to ensure maximum security.

García Carrión reserves the right to ask any Shop User who has made a purchase to justify the payment thereof and/or identify themselves by telematic means (fax, e-mail or similar) providing a document that identifies them as a buyer and that may include the delivery address (DNI, Passport, Resident Card, Certificate of Registration, etc.).

2.3.2. García Carrión undertakes to deliver the goods purchased by the User at the address of the purchaser indicated for that purpose in the order form (no products will be delivered to P.O. boxes or booths) in the shortest amount of time possible and, in any case, always within two (2) business days (Monday to Friday) from the date of preparation of the order (excluding holidays and weekends). The shipping costs on the items purchased shall be paid by the Purchaser.

2.3.3. The User-Purchaser shall have a period of seven (7) business days, according to the official calendar of their place of residence, to settle the purchase without penalty or expense, including costs on the return of the item.

The seven-day term established in the preceding paragraph shall be computed after receipt of the purchased goods by the buyer. However, if the purchaser were to have knowledge of their right of cancellation after the date of receipt of the purchased goods, the seven day period shall start from the date on which the user became aware of their right to return the purchased goods. In any case, it is understood that the purchaser is aware of their right of cancellation by entering the Shop, which requires reading and acceptance of these General Purchasing Terms and Conditions and, in any case, from the time the order is placed.

Returns of orders should be sent to:

J García Carrión, S.A.
Carretera de Murcia, s/n
30520 Jumilla (Murcia).

When the purchaser exercises the right to cancel and the goods are found to be perfect and unaltered conditions at the warehouse of Garcia Carrion, the amounts received through payment shall be returned, without any withholding, immediately and never exceeding thirty days. 

Notwithstanding the foregoing, the right of cancellation is excluded in cases where the nature of the content of the services makes this impossible to carry out, without prejudice to the claim for damages suffered or when the goods returned to the warehouse or their packaging are not complete or in perfect conditions. 

3. Cancellation Information

You have the right to cancel a purchase within 14 calendar days without providing any justification.

The cancellation period shall expire after 14 calendar days from the day

a) you or a third party indicated by you, other than the carrier, has acquired physical possession of the goods (or by default the most recent of these goods)

To exercise the right of cancellation, you shall notify us of your decision to cancel the purchase by an unequivocal statement (eg a letter sent by mail, fax or email) indicating your name, full address and, if available, your phone number, fax number and e-mail. You may use the model cancellation form, although its use is not mandatory.

To meet the cancellation period you only need to send this communication concerning your exercise of the before the deadline expires.

Consequences of cancellation:

In the event of your cancellation, we will refund all payments we've received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive mode of delivery we offer) without undue delay and in any event no later than 14 calendar days from the date on which we are informed of your decision to cancel the purchase. We will proceed to carry out such reimbursement using the same means of payment you used for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any fees as a result of repayment. We may withhold reimbursement until we have received the returned goods or you have supplied proof of their return, depending on which condition is met first.

Methods of return:

  • We will collect the goods in case of breakage, inaccuracy in the order or any error on our behalf in delivering the order.
  • You must return and deliver the goods to us at:

J García Carrión, La Mancha.
C/ Guarnicioneros S/N
13250 Daimiel (Ciudad Real)

Without undue delay and in any case no later than 14 calendar days from the date on which you communicate your cancellation of the order. The deadline is met is if you send back the goods before the period has ended.

Return costs:

  • We shall bear the costs of returning the goods in case of breakage, inaccuracy in the order or any error on our part in delivering the order.
  • You shall bear the direct cost of returning the goods if you opt for the voluntary cancellation.

4. Policy on the protection of personal data

4.1. For the purposes of the provisions of Organic Law 15/1999 of December 13 on Protection of Personal Data (LOPD), García Carrión informs the User of the existence of an automated personal data file created with data obtained from the Portal by and for García Carrión, and under its responsibility, for the purpose of information and marketing of the products offered in the Shop, as well as carrying out promotional, advertising and information activities by any means (e -mail, postal mailing, phone, mobile phone, etc.) about its portfolio of products that may be of interest in order to expand and improve its products adapting its offers to the preferences and needs of the Users and to enable personalized navigation of the website.

4.2. The user expressly accepts the inclusion of data collected while browsing the website, or provided by the filling out of any form, including those arising from commercial relationship and/or delivery of products purchased, in the automated file of personal data referred to in the section

During the data collection process the User shall be informed of the mandatory or non-collection nature of such data for the delivery of the products, except when ordering products, in which case García Carrión informs the User in this moment that this shall not be considered voluntary, therefore its inclusion for the formalization of the purchase order will be required in order to provide data on their identity, address and credit card number for payment, as this data is needed to formalize and conclude the sale. 

4.3. Users may exercise, in relation to the data collected in the manner provided in the preceding paragraph, their rights recognized under Organic Law 15/1999, in particular the rights of access, rectification, cancellation of data and opposition, where appropriate, as well as the revocation of consent to the transfer of data.

The rights referred to in the preceding paragraph may be exercised by the User through a written and signed request to the following address: 

J. García Carrión S.A., 
Dpto. Atención al Cliente
Carretera de Murcia s/n 
30520 Jumilla (Murcia)

or by sending an email to avisostienda@jgc.es providing a copy of their ID.

4.4. By accepting these conditions the User expressly consents to the transfer or communication of data included in the file referred to in section 3.1 to companies in the García Carrión group, located or not in Spanish territory, for the same purposes stated in section 3.1. 

4.5. García Carrión undertakes, while using the data included in the file, to respect its confidentiality and use it in accordance with the purpose of the file, as well as comply with their obligation to safekeep and to take all measures to prevent its alteration, loss, or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 1720/2007 on December 21, under which the Regulation of Law 15/1999 is approved.

4.6 Security of personal data
In order to safeguard the security of your personal data, we inform you that García Carrión has taken all necessary technical and organizational measures to ensure the safety of the information you supply including their alteration, loss and unauthorized management or access, as required by Royal Decree 1720/2007 on the regulation of safety measures of files containing personal data.

5. Intellectual and industrial property rights. Prohibition of hyperlinks

5.1.- All the content displayed on the Website and especially designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs of industrial and commercial use are covered by the intellectual and industrial property rights of García Carrión or third party owners who have duly authorized their inclusion on the Website. 

5.2. Under no circumstances shall any license or waiver, transfer, total or partial cessation of these rights be granted, nor is any right conferred, in particular, to alter, use, reproduce, distribute or publicly communicate any of the contents without the express permission of García Carrión or the corresponding owners.

5.3 Links to our Website

The inclusion of links to our site does not confer any right thereupon and is authorized only to allow access to our website on other sites, prohibiting the total or partial reproduction of images and contents of our site. Also, the simple fact of including a link to our web site does not entitle the party to the category of collaborator or partner of García Carrión.

It is absolutely forbidden to imitate our website in whole or in part.

You can not include any link to: https://garciacarrion.com/ from any other website without the express prior consent of García Carrión.

6. Liability of García Carrión

6.1. J. Garcia Carrion S.A. shall only be liable for damages that the User may suffer as a result of using the website when such damage is attributable to willful misconduct thereof. The User acknowledges and agrees that use of the Website and the purchase of products is at their sole risk and sole responsibility. 

6.2. García Carrión is not liable for damages that may arise from, including but not limited to: 

  • Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this electronic system or devices and computers of Users due to causes unrelated to García Carrión that prevent or delay the processing of orders or navigating the Website; 
  • Delays or blockages of use caused by deficiencies or overloading of the Internet or other electronic systems;
  • That which they may be caused by third parties by illegal means beyond the control of the Website and that are not attributable to García Carrión; 
  • Differences of information, documentation and/or other content of the Website that may exist between the electronic version and the printed version; 
  • The impossibility of providing the service or allowing access for reasons not attributable to Garcia Carrion, due to the User, third parties or force majeure. 

6.3. García Carrión does not control, generally, the use that Users make of the Service.

In particular García Carrión does not guarantee under any circumstances that users use the Service in accordance with the law, these General Terms and Conditions, generally accepted morality and proper conduct and public order, nor does it guarantee that they do so diligently and prudently.

7. User Obligations

7.1. In general the User is bound to compliance with this Legal Notice as well as compliance with the special warnings or instructions contained therein or on the Website and to always act according to the law, morality and requirements of good faith, with due diligence given the nature of the service, refraining from using the Website in any way that may impede, damage or impair the normal functioning thereof, the property or rights of García Carrión, other users or, in general, any third party.

7.2. In particular, and without implying any restriction to the obligation assumed by the User in general accordance with the previous section, the User undertakes, through the use of the Website as well as the acquisition of products from the Shop, (wine and cavas), to:

  • When registering the User agrees to truthfully provide information and keep it updated.
  • Not enter, store or distribute in or from the Website any information or material that is defamatory, libelous, obscene, threatening, racist, incites violence or discrimination based on race, sex, ideology, religion or is in any way harmful to public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and generally the laws in force. 
  • Not enter, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Website, any of the services, or any of the equipment, systems or networks of García Carrión, of any User, or in general of any third party, or otherwise be able to cause any disruption or impede the normal operation thereof. 
  • Adequately safeguard their username and password as identifiers and keys for access to the purchase of products, agreeing not to transfer their use or to allow third parties access to them, assuming responsibility for damages that may result from improper use thereof. Likewise the user undertakes to inform García Carrión, as quickly as possible of the loss or theft, as well as any risk of access to, of the username and/or password by a third party. 
  • Not to use false identities or impersonate others in the use of the Portal or in the use or purchase of any Products, including the use of passwords or access codes of third parties or otherwise. 
  • Not destroy, alter, disable or damage data, information, programs or electronic documents of García Carrión or third parties. 
  • No enter, store or disseminate through the Website any content that infringes upon intellectual and industrial property rights or business secrets of third parties, nor in general any content, in accordance with the law, to which they are not entitled to make available to third parties. 

8. Communications

For the purposes of this legal notice, and for any communication required between García Carrión and Users, these should be addressed to:

J García Carrión, S.A.
Departamento de Atención al Cliente
Carretera de Murcia s/n
30520 Jumilla (Murcia).

The communications of García Carrión to the User shall follow the information they provide upon registering on the site.

2016 J. García Carrión, S.A. All rights reserved