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Through this document, the General Conditions of Contracting of the WINEANDSEX.NET website are established, which aim at the sale and purchase of products from Bodegas Monje S.L. (hereinafter referred to as WINE&SEX), with Tax ID B-38106530 and located at Camino Cruz de Leandro, 36, 38359 El Sauzal, Tenerife Canary Islands, by those natural or legal persons (hereinafter referred to as the contracting person or user) who express their willingness to acquire the products made available on the WINEANDSEX.NET website by means of a request made electronically, specifically via the internet through this website owned by WINE&SEX.
These General Conditions of contracting are permanently displayed on the WINEANDSEX.NET website, owned by WINE&SEX, allowing any user to archive them, print them, and therefore be previously informed of the conditions under which the products will be contracted (hereinafter referred to as the product).
Furthermore, these General Conditions are reiterated along with a summary of the specific request - specific product/s contracted, cost with an indication of taxes if applicable, etc. - for their express acceptance by the contracting person - by clicking on "I have read and accept the general conditions of sale" - each time a specific request is made through the website.
It is not technically possible for the contracting person to complete the request without having accepted these General Conditions. In order for the contracting person to make this acceptance and, therefore, carry out the request, they must provide their details when placing the order on WINEANDSEX.NET, at which point they accept these Conditions.
The contracting person, by accepting these Conditions, gives their express and unconditional consent for WINE&SEX to carry out the necessary charging operations for the acquisition of the product they contract, expressly authorizing Bodegas Monje S.L. to make charges using the payment methods they have selected, or entered from the secure area enabled for this purpose, in accordance with payment services regulations.
These General Conditions, together with the specific request made online by the contracting person - also referred to as "Particular Conditions" - constitute the content of the contract between WINE&SEX and the contracting person who declares to have sufficient capacity to contract and to have read, understood, and accepted these conditions.
WINE&SEX, at the time of contracting and within a period not exceeding twenty-four hours, will send to the email address associated with the contracting person's account the confirmation of the order made.
The contracting person will have permanent access to these General Conditions on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the WINEANDSEX.NET website. All the aforementioned documentation can be printed and filed by the contracting person and may be requested at any time from the Customer Service, via email sent to , or by calling the telephone number +34 922 58 50 27.
Any request for information, or claim that is considered pertinent, can be addressed to Customer Service at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the complaint submitted by sending the relevant proof - with the corresponding identification key - to the email address that must be provided to the Customer Service to process the claim.
Por el presente contrato WINE&SEX se compromete a entregar a la persona contratante el producto o prestar el servicio que ésta haya solicitado a través del sitio web WINEANDSEX.NET a cambio de un precio cierto y en atención a las condiciones que se establecen en este documento.
WINE&SEX commits to deliver the product in perfect condition to the address indicated by the contracting person on the order form, which includes the particular conditions attached to these general conditions. WINE&SEX will not be responsible for errors in delivery when the data entered by the contracting person in the order form does not conform to reality or have been omitted.
Unless otherwise agreed, WINE&SEX will deliver the product by transferring its material possession or control to the contracting person without any undue delay and in accordance with the deadlines indicated on the website, which in no case will exceed thirty natural days from the conclusion of the contract.
The products offered on the website are subject to stock limits. In the event that the product requested by the contracting person cannot be supplied because it is not available, the contracting person will be informed of this lack of availability before completing the purchase, on the product's own sheet and, in any case, by email once the purchase request has been received. If this had not been informed and the contracting person had acquired a product of which there were no stocks left, the amount paid will be returned without undue delays.
WINE&SEX will in no case be responsible for:
3.2.1. Errors, delays in access by the contracting person when entering their data in the order form, slowness or impossibility of confirmation of the order or any anomaly that may arise when these incidents are due to problems on the Internet network, unforeseeable circumstances beyond WINE&SEX's good faith. In any case, WINE&SEX commits 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 to the incident.
3.2.2. Errors or damages caused by inefficient and bad-faith use of the product by the contracting person.
3.2.3. The non-operability of the email address provided by the contracting person for sending the order confirmation.
3.2.4. WINE&SEX has absolute responsibility for the quality of the product, accepting returns of the same provided they are defective or do not reach the contracting person in correct condition. The contracting person must make the return claim through the website in its specific section to be able to effectively track the incident. In this case, WINE&SEX will take care of the costs caused as a consequence of such return provided that the contracting person communicates this fact, within fourteen days from the date of delivery and the product has not been consumed or altered in any case. WINE&SEX is exempt from all liability in relation to possible breaks or defects of the product produced after delivery, likewise, WINE&SEX will have no responsibility in relation to that product that has been consumed or used without any type of incident by the contracting person who intends to make a claim. The contracting person, before signing for the delivery of the order, must check that the product is delivered in perfect condition, if they give their agreement at the time of delivery it is understood by both parties that the product was delivered correctly and that therefore, possible deterioration occurs after delivery.
3.2.5. The contracting person expressly waives to claim any contractual or non-contractual liability for possible damages derived from the above in this clause. In any case, the liability of WINE&SEX if it fails to comply with what is stated in this agreement according to the terms of these general conditions will be limited to the refund of the amount that, if any, could have been paid by the contracting person and always after the return by the contracting person of the product in question.
3.2.6. The contracted product has the conformity guarantee provided for in the law. If the product does not conform to the contract, the contracting person may choose to demand the repair or replacement of the product, or where appropriate, a reduction in its price or the termination of the contract, in the terms legally established.
4.1.1. AMOUNT. The remuneration for the product actually requested by the contracting party will be as indicated on the website and as stated in the specific request of the contracting party at any given time (except in the case of typographical or manifest error); requests that will constitute the particular conditions of the order. The price of the product listed on the website is always indicated in Euros, taxes not included. In the event of an error in the price of the product requested by the contracting party, WINE&SEX will inform them as soon as possible and give them the option to reconfirm the order at the correct price or cancel it. If it is not possible to contact the contracting party, the order will be considered canceled, and any amounts paid will be fully refunded, without the right to any compensation. The total final price will include: taxes or fees, the amount of increases or discounts applicable to the offer, and additional expenses – for example, those associated with transport, payment methods, etc. - that are passed on to the contracting party, which will be expressly accepted by the contracting party. In no case will charges be billed to the contracting party that exceed the cost borne by WINE&SEX for the use of certain payment methods. WINE&SEX will issue an invoice for the contracted product detailing all the components. The contracting party expressly consents to the sending of the invoice electronically, to the email address provided when processing the order. At any time, the Contracting Party can express their wish to receive the invoices in paper format, by writing to the Customer Service.
4.1.2. PAYMENT METHODS. The contracting party must pay the corresponding amount for the contracted product using one of the payment methods/procedures available on the website. Additional expenses associated with the selected payment methods must be paid and confirmed independently in the terms indicated on the website.
The contracting party, who qualifies as a consumer, may withdraw from the contract made on WINEANDSEX.NET within fourteen calendar days without the need for justification, starting from the day of delivery of the last of the products included in the contract, unless it is a contract for the periodic delivery of products over a determined period, in which case the period to exercise the withdrawal will start with the delivery of the first good.
The contract for products which, by their nature, cannot be returned because they deteriorate or expire rapidly, or those that have been unsealed after delivery and are not suitable to be returned for reasons of health protection or hygiene, will not be subject to withdrawal.
To exercise the right of withdrawal, the contracting party must notify their decision to withdraw from the contract through an unequivocal statement to: Bodegas Monje S.L., at Camino Cruz de Leandro, 36, 38359 El Sauzal, Tenerife Canary Islands, or at info@wineandsex.net, indicating their decision to withdraw from the contract and providing the following information: order reference, date of receipt, name and surname of the contracting party, and their address. They may also use the model withdrawal form provided in the current regulations on consumer and user protection:
Hereby I inform you that I withdraw from the contract of sale of the following product:
• Order number
• Article
• Received on date
• User's name
• User's address
• Signature and date
Ilude documentary proof of identity.
If the withdrawal is presented on paper, it must be duly signed by the contracting party. To meet the deadline, it is sufficient that the notification be sent before the deadline expires. In case of withdrawal by the contracting party, WINE&SEX will return all payments received, excluding transport, without undue delay. Such refund will be made using the same means of payment used for the initial transaction unless expressly agreed otherwise; in any case, the contracting party will not incur any expenses as a result of the refund. WINE&SEX may withhold the refund until having received the products back, or until the contracting party has supplied evidence of the return of the goods, whichever is the earliest.
The contracting party must return or deliver the products directly to WINE&SEX at: WINE&SEX, Camino Cruz de Leandro, 36, 38359 El Sauzal, Tenerife Canary Islands, without undue delay and, in any case, no later than fourteen calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline will be considered met if the contracting party returns the products before the deadline has expired.
The contracting party must bear the direct cost of returning the products, either by their own means or by requesting a quote from WINE&SEX. The contracting party is responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the products.
In any case, it will be the responsibility of the contracting party:
The contracting party assumes all risks of deterioration, impairment, damage, and loss of the product from the moment it has been made available by the third party who, on behalf of WINE&SEX, carries out the delivery of the requested product.
The contracting party commits to verify the good condition of the product with the third party who, on behalf of WINE&SEX, carries out the delivery of the requested product, a verification that will be carried out prior to signing the receipt of the delivery made.
WINE&SEX and the contracting party may terminate this contract for any of the reasons established in the laws and, in particular, for the non-compliance with these General Conditions. The termination of the contract can be exercised by contacting the other party at: the postal address provided by the contracting party when contracting the service, and at the address of WINE&SEX, properly identifying the contract intended to be terminated.
WINE&SEX informs that its own content, programming, and design of the website WINEANDSEX.NET are fully protected by copyright laws, expressly prohibiting all reproduction, communication, distribution, and transformation of the said protected elements without the express consent of WINE&SEX. WINE&SEX may use external sources for the preparation of its content on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate copyright owner of this information thus included may request the removal of the mentioned references at any time.
The data provided by the contracting party in accordance with these General Conditions will be processed in the terms stipulated in the Privacy Policy published on the website.
These general conditions are governed by the provisions of Spanish legislation and applicable European regulations. Any controversy arising from or related to the use of the website will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals of the province of Santa Cruz de Tenerife. If it concerns a consumer, current legislation allows them to choose to file a complaint to assert their rights in relation to these Conditions before the court or tribunals that correspond to their domicile.
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 intention of the parties and the very purpose of these conditions. WINE&SEX may not exercise some of the rights and powers conferred in this document, which shall not imply in any case the waiver of the same unless expressly acknowledged by WINE&SEX.
