General 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 accessible through the domain name HTTPS://GAGOBARRELS.COM/ and its subdomains (hereinafter, «the Website»), as well as the contracting of products and/or services through it. The simple access to the Web Site attributes to the person who accesses it the condition of User of the Web Site (hereinafter, «the User») and implies the 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 Website without using it.
By accepting these General Conditions, the User declares:
That you have read, understand and comprehend the foregoing.
That he/she is of legal age according to the regulations in force in his/her place of residence, otherwise the minor must have the authorization 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 Website, as the Website and these General Terms and Conditions may be subject to change.
The owner of the Web Site reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of all the elements that make up the design and configuration of the Web Site.
The modification of these General Conditions shall not affect the goods or promotions that had been purchased prior to such modification.
In the event that gagobarrels 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 given time is the one that appears in the database of the trusted third party.
- General Web Site Information
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, the general information of the Web Site is provided below:
Owner: Castillo de Monteviejo SLU CIF: B-11931078 with address at Calle Arcos 51, CP 11402 Jerez de la Frontera, Cádiz . Spain (hereinafter «gagobarrels») e-mail: info@gagobarrels.com
Phone: 692360905
Registration data: Registered in the Mercantile Registry of Cadiz, Volume 2.179, folio 174, page number 49.002, Inscription 1.
- Conditions of Use
2.1. Access to the Web Site
Simple access to the Web Site is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
2.2. Need for Registration
The use of certain services and contents may be conditioned to the 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 custody of his password, assuming consequently any damages that may arise from its misuse, as well as the transfer, disclosure or loss of the same. To these effects, the access to restricted areas and/or the use of the services and contents realized under the password of a registered User will be considered realized by the above mentioned registered User, who will answer in any case of the above mentioned access and use.
2.3. Rules for use of the Web Site
The User undertakes to use the Website 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 Website and not to use them for illicit or criminal activities that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system.
The User undertakes not to transmit, introduce, disseminate and 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, pornographic or terrorist nature or that violate human rights.
II.- Not to introduce or disseminate on the network data programs (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 recognized 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 unlawful or unfair advertising.
V.- Not to transmit unsolicited or unauthorized advertising, advertising 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 conceived for that 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 keys to the different services and/or contents of the Website.
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 copyrights that correspond to the owners of the Website or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
The User undertakes to hold gagobarrels harmless against any possible claim, fine, penalty or sanction that he/she may be obliged to bear as a consequence of the breach by the User of any of the rules of use indicated above, and gagobarrels also reserves the right to request the corresponding compensation for damages.
Occasionally, gagobarrels 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. Such access will be carried out through a unique and private address, so that the User will not need to enter his or her passwords to access the Website. Consequently, the User must treat the communications from gagobarrels confidentially and refrain from forwarding them to third parties, in order to avoid unauthorized access to the private information of his/her account.
2.4. Exclusion of Liability
The access of the User to the Web Site does not imply for gagobarrels the obligation to control the absence of virus, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of suitable tools for the detection and disinfection of harmful computer programs.
gagobarrels is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered in the Web Site.
gagobarrels is not responsible for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Web Site during the provision of the same or previously.
2.5. Content and services linked through the Web Site
The service of access to the Website may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, «Linked Sites»). In these cases,
In no case, the existence of Linked Sites should presuppose the formalization of agreements with the responsible or holders of the same, nor the recommendation, promotion or identification of gagobarrels with the manifestations, contents or services provided.
gagobarrels 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 for any other damage that is not directly attributable to ENCOPA.
2.6. Intellectual and industrial property
All the contents of the Web Site, 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 gagobarrels or third parties, without any of the exploitation rights recognized by the current legislation on intellectual property on them being transferred to the User.
The trademarks, trade names or distinctive signs are owned by gagobarrelsS or third parties, without it being understood that access to the Web Site attributes any right over them.
In any case, the User knows and accepts that the ratings and comments made on the products available through the Website may be accessible to other Users of the Website, including the identity of their author.
On all comments freely hosted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter, «the Contents»), the User grants gagobarrels a non-exclusive license of use, of worldwide territoriality and with the maximum duration provided by law. On the basis of such license, gagobarrels 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 gagobarrels and advertising its products and services.
3. Terms and Conditions
3.1. User Registration
The use of the services provided by gagobarrels implies the need for the User to register on the Website.
The User must register by indicating his/her full name, e-mail address and may indicate the e-mail address of a sponsoring User.
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 the 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 of the orders.
3.2. Product shipment
gagobarrels only sends its products to the peninsula and with the exceptions indicated below. It will not be possible to carry out the purchase process through the Web Site to destinations other than those indicated.
The purchase of products on the Web Site is subject to the payment of shipping costs, at the buyer’s expense.
Shipping costs will depend on the destination and the number of products purchased. 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 the purchase. gagobarrels cannot be held responsible for delays in the delivery of orders for reasons not directly attributable to gagobarrels, fortuitous cases or force majeure.
The deadlines indicated during the purchase process are understood as from the working day following the confirmation of the order.
The above shipping costs include, in addition to the transportation of the products, their packaging in boxes specially designed for transporting bottles, insurance against loss or breakage, as well as VAT.
The delivery of the orders will be made at the delivery address freely designated by the User. gagobarrels will not assume any responsibility when the delivery of the product does not take place as a result 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 gagobarrels‘ control, such as the absence of the recipient at the delivery address.
In case of absence of the recipient and whenever possible, a note of passage will be left with the necessary information to arrange a new delivery at the address of the recipient or the necessary indications for him to go to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without having been able to deliver the order, it will be returned to origin proceeding to terminate the contract.
3.3. Gift Card Conditions
Gift Cards are redeemable upon purchase of products through the Website.
The Users will be able to obtain a Gift Card by purchasing through the Website and for the amounts predefined by gagobarrels. Each Gift Card includes a unique promotional code that the User will have to apply throughout the processing of his order to benefit from the corresponding discount in his purchase.
The Gift Cards may be redeemed by any person who enters the code associated with them on the Website, so we advise you to treat them confidentially and not to provide the codes to third parties other than the beneficiaries. gagobarrels assumes no responsibility for the misuse of the Gift Card derived from an action or omission of the User.
Gift Cards have no expiration date and are not redeemable for cash. In any case, the purchased Gift Cards may be subject to the right of withdrawal by the purchasing User, as described in section 3.14.
Products purchased in exchange for a Gift Card shall also be subject to the rights described in these terms and conditions, such as, but not limited to, the right of withdrawal and the right of warranty.
3.4. Selection of products by the User
Any registered User may contract through the Website for the purchase of products.
The purchase process in gagobarrels is based on a virtual basket, to which the User can add the products he/she wishes to acquire.
To add products to the shopping cart, once the User is on the product description page and has selected the customization options available, he/she must select the «Add to cart» option provided.
The User can access and modify the contents of the basket at any time.
3.5. Order processing
Once the products to be purchased are in the shopping cart, the User may start the order process by selecting the «Cart» option, which will show the User the contents of the virtual cart, allowing the modification of the selected products and their elimination from the shopping cart.
The user must make sure 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 shipping address. At this point, the total price of the selected products and the shipping costs generated will be shown. Also in this section, the User will be able to visualize, in its case, the promotions automatically applied to its order, to use the promotional codes and/or the gift checks of which it has.
The user accesses a panel where he/she must indicate the shipping data; 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 mandatory. In this section the User will be able to include the useful information that he/she considers necessary for the courier, although gagobarrels cannot guarantee its fulfillment.
If the User wishes the billing address to be different from the delivery address, he/she must check the box «My billing address is different from the delivery address» and fill in the corresponding information. In this same section, the User can add a message for the recipient, especially indicated in the case of gifts.
In the next phase of the purchase process, the User must select the payment method. 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.
3.6. Price of products
The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).
3.7. Form of payment
The purchase of products through the GAGO BARRELS Gateway allows the following payment methods:
– Payment by debit or credit card(VISA, MASTERCARD and AMERICAN EXPRESS) or BIZUM through a virtual POS.
To use the credit card through a virtual POS, the buyer must fill out a form indicating the card owner’s name, card type, card expiration date and security code.
gagobarrels 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.
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 be penalized in any way.
In accordance with Article 102.d) of Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, not being applicable to the supply of goods that may deteriorate or expire rapidly, so you can not exercise the right of withdrawal on bottles that have been opened for example, due to the rapid deterioration of the content in such cases.
The purchaser must express his intention to cancel within the indicated period and must return the product. You may also use the model withdrawal form found here. The user may also communicate his intention to withdraw by means of our contact form located at the bottom of the page, including his name and address, as well as the number of his order. You can also contact us by telephone in order to expedite the process of returning the corresponding amounts.
gagobarrels will reimburse the sums paid by the User without retention of expenses. However, the cost of returning the product will be charged to the User.
Once received the products on which the cancellation applies and verified its correct condition, gagobarrels 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.
4. Nullity and ineffectiveness of the clauses.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects, and such provision shall be considered totally or partially as not included.
5. Applicable law and competent jurisdiction
In accordance with EU Regulation N°524/2013, we inform you that you have the right to apply with us for an out-of-court resolution of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr .
These General Conditions shall be governed and interpreted in accordance with Spanish law. gagobarrels and the User agree to submit any dispute that may arise from the provision of products or services covered by these General Conditions, to the Courts and Tribunals corresponding to the User’s domicile.
