General contract conditions
use of the website www.varietal500.com and the associated iOS / Android mobile
applications (hereinafter, the “Portals”) as well as the contracting of products and / or services through them. The simple access to the Portal attributes to the person who
performs it the condition of User of the Portal (hereinafter, “the User ”) and implies
the acceptance of all the terms included in these General Conditions. In case of not
agreeing with these General Conditions, the User must immediately leave the Portal
without using it.
By accepting these General Conditions, the User states:
• That he/she has read and understood what is stated here.
• That he/she is of legal age in accordance with the regulations in force in his/her place of residence, otherwise the minor must have the authorization of his/her legal
• That assumes all the obligations set forth herein.
The User must read these General Conditions carefully each time he/she accesses the Portal, since it and these General Conditions may undergo modifications.
The owner of the Portal 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
how many elements make up the design and configuration of the Portal.
The modification of these General Conditions will not affect the goods or promotions
that had been acquired prior to said modification.
1. General information of the Portal
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on services
of the information society and electronic commerce, the following is the general
information of the Portal:
Owner: VARIETATS D’ALÇADA, S.L., S.L. (hereinafter, "VARIETAL500").
Registered office: Masía La Fàbrega, TV Road 244 Km 14.2 43714 El Pla de Manlleu – Aiguamúrcia – Tarragona – Spain.
Telephone: +34 616 85 57 34
Registration data: Commercial Registry of Tarragona. Volume 2,097, Folio 77, Section 8, Sheet T-48967, Registration 1.
2. Conditions of Use
2.1. Portal Access
Simple access to the Portal is free except for the cost of the connection through the
telecommunications network provided by the access provider contracted by the User.
2.2. Registration Need
The use of certain services and contents may be conditioned to the previous 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 could be derived from his improper use, as well as the assignment, revelation or loss of it. For these purposes, access to restricted areas and / or the use of the services and contents made under the password of a registered User shall be deemed to be made by said Registered User, who shall in any case be liable for said access and use.
2.3. Portal usage rules
The User undertakes to use the Portal and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions. Likewise, it is obliged to make proper use of the services and / or contents of the Portal and not to use them to carry out illegal or constitutive activities that violate the rights of third parties and / or that infringe the regulation 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, morals, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User undertakes to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology of terrorism or that threaten human rights.
II.- Do not introduce or disseminate in the network data programs (viruses and harmful software) that may 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 undermines fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
V.- Do not transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
VI.- Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Do not impersonate other Users using their registration keys to the different services and / or contents of the Portal.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portal or to third parties.
IX.- Do not 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 keep VARIETAL500 harmless against any possible claim, fine, penalty or sanction that may be required to bear as a result of the User’s failure to comply with any of the aforementioned rules of use, reserving, in addition, VARIETAL500 the right to request compensation for damages and losses that apply.
Sometimes, VARIETAL500 will provide the User through its communications, such as periodic newsletters, a link that will allow you to access your personal account. Said access will be carried out through a unique and private address, so that the User will not need to enter their access codes to the Portal. Consequently, the User must treat VARIETAL500 communications confidentially and refrain from relinquishing them to third parties, in order to avoid unauthorized access to the private information of his account.
2.4. Exclusion of Liability
User access to the Portal does not imply for VARIETAL500 the obligation to control the absence of viruses or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
VARIETAL500 is not responsible for the damages caused to the software and computer equipment of the Users or third parties during the use of the services offered on the Portal.
VARIETAL500 is not responsible for any damages or losses of any kind caused to the User that cause failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or prior.
2.5 Content and services linked through the Portal
The Portal access service may include technical link devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, “Linked Sites”). In these cases, VARIETAL500 will only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he may notify VARIETAL500, without in any case this communication entails the obligation to remove the corresponding link.
In no case, the existence of Linked Sites must presuppose the formalization of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of VARIETAL500 with the manifestations, contents or services provided.
VARIETAL500 does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to VARIETAL500.
2.6. Intellectual and industrial property
All the contents of the Portal, understood by them, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are intellectual property of VARIETAL500 or of third parties, without being able to be understood as assigned to the User any of the exploitation rights recognized by the current regulations regarding intellectual property on them.
The trademarks, trade names or distinctive signs are owned by VARIETAL500 or third parties, without it being understood that access to the Portal 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 Portal may be accessible to the rest of the Users of the Portal, including the identity of its author.
On all comments freely hosted by the User on the Portal, whether or not they include an opinion or description of the products offered (hereinafter, “the Contents”), the User grants VARIETAL 500 a license for non-exclusive use, of territoriality, free of charge worldwide and with the maximum duration legally provided. On the basis of said license, VARIETAL500 may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of being able to provide the services offered by VARIETAL500 and advertise its products and services.
3. Contract Conditions
3.1. User Registration
The use of the services provided by VARIETAL500 implies the need to register the User in the Portal.
The User must proceed to their registration indicating their full name and email address. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that they have access to it.
Once the User is correctly registered on the website, he 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 sending of orders and check if he has orders pending delivery.
In the “My Account” section, the User can view the gift vouchers he has available, download the invoices of the orders, control which friends of the User have registered with VARIETAL500 on the recommendation of the latter in the “My referrals” section and the possibility of canceling the account at any time indicating a reason why you want to cancel it.
3.2. Send conditions
VARIETAL500 only sends its products to: Peninsular Spain, Balearic Islands, Canary Islands, Germany, Austria, Belgium, Denmark, France, Great Britain, Greece, Holland, Ireland, Italy, Luxembourg and Switzerland. It will not be possible to carry out the purchase process through the Portal to destinations other than those indicated. VARIETAL500 does not ship products to the autonomous cities of Ceuta and Melilla.
The purchase of products on the Portal is subject to payment of shipping costs, at the buyer’s expense.
Shipping costs will depend on the destination and the number of products purchased according to the indicative table set forth below. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review these costs before finalizing their purchase. VARIETAL500 cannot be held responsible for the delay in the delivery of orders for reasons not directly attributable to VARIETAL500, fortuitous or force majeure cases.
Number of bottless (1)
|Price per bottle according to the number of bottles bought||Plazo (2)|
|1 bot.||2 bot.||3 bot.||4 bot.||5 bot.||6 bot.|
|0€||0€||0€||1-3 working days|
|Regional (Catalonia)||7,74€||3,82€||2,85€||2,93€||2,49€||2€||2€||2€||2€||2€||1-3 working days|
|Rest Iberian Peninsula||8,78€||4,34€||3,48€||3,26€||2,76€||2€||2€||2€||2€||2€||1-3 working days|
|Germany||14,53€||8,42€||5,84€||5,08€||4,21€||3€||3€||3€||3€||3€||2-3 working days|
|Austria||16,93€||9,37€||6,47€||5,68€||4,69€||3,94€||3,84€||3€||3€||3€||2-3 working days|
|Belgium||16,93€||9,37€||6,47€||5,68€||4,69€||3,94€||3,84€||3€||3€||3€||2-3 working days|
|Denmark||22,03€||11,72€||8,04€||6,78€||5,57€||4,67€||4€||4€||4€||4€||2-3 working days|
|Slovakia||22,03€||11,72€||8,04€||6,78€||5,57€||4,67€||4€||4€||4€||4€||3-4 working days|
|Slovenia||22,03€||11,72€||8,04€||6,78€||5,57€||4,67€||4€||4€||4€||4€||3-4 working days|
|France||14,53€||8,42€||5,84€||5,08€||4,21€||3€||3€||3€||3€||3€||1-3 working days|
|United Kingdom||16,93€||9,37€||6,47€||5,68€||4,69€||3,94€||3,84€||3€||3€||3€||2-3 working days|
|Holland||16,93€||9,37€||6,47€||5,68€||4,69€||3,94€||3,84€||3€||3€||3€||2-3 working days|
|Italy||16,93€||9,37€||6,47€||5,68€||4,69€||3,94€||3,84€||3€||3€||3€||2-3 working days|
|Lithuania||22,03€||11,72€||8,04€||6,78€||5,57€||4,67€||4€||4€||4€||4€||4-5 working days|
|Luxemburg||16,93€||9,37€||6,47€||5,68€||4,69€||3,94€||3,84€||3€||3€||3€||2-3 working days|
|Monaco||14,53€||8,42€||5,84€||5,08€||4,21€||3€||3€||3€||3€||3€||1-3 working days|
|Poland||22,03€||11,72€||8,04€||6,78€||5,57€||4,67€||4€||4€||4€||4€||3-4 working days|
|Check Republic||22,03€||11,72€||8,04€||6,78€||5,57€||4,67€||4€||4€||4€||4€||3-4 working days|
|Switzerland||22,03€||11,72€||8,04€||6,78€||5,57€||4,67€||4€||4€||4€||4€||3-4 working days|
(1) The number of bottles in each range is indicated in the number of 75cl bottles.
(2) The indicated deadlines are understood as of the working day following the confirmation of the order.
The shipping costs mentioned above include, in addition to the transport of the products, their packaging in boxes specially designed to transport 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. VARIETAL500 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 VARIETAL500, such as the absence of the recipient at the delivery address.
In case of absence of the recipient and whenever possible, a passing note will be left with the necessary information to agree on a new delivery at the address of the recipient or the necessary instructions so that the recipient will pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without the order being able to be delivered, it will be returned to origin and the contract will be terminated.
3.3. Refer a friend
In the event that the User of the VARIETAL500 website provides data of third parties through the “Refer a friend” functionality, he is expressly expressing by checking the box “Manifest that I have the express consent of the person to whom it will be sent the email ”, which has the express consent of this third party for the transfer of its data to VARIETAL500 with the sole purpose of sending the information that the User believes may be of interest to this third party, not being VARIETAL500 responsible for sending said information to the third party in question.
The User is obliged to keep VARIETAL500 harmless against any possible claim, fine, penalty or penalty that may be required to bear as a result of the User’s failure to request the consent of the third party to receive this type of information.
The “Refer a friend” functionality allows the User to win gift vouchers. The User will get a gift voucher each time a person they have invited to register for the first time and place a first order. Only orders that have not been returned or canceled and that have a different shipping address than the shipping or billing addresses commonly used by the User who has referred will be considered valid.
Gift vouchers obtained as a result of the use of this functionality are only redeemable in purchases made on the Portal and their use may be subject to certain conditions that will be communicated to the User at the time of the generation of the gift voucher.
In case VARIETAL500 detects an improper use of the “Refer a friend” functionality, it reserves the right to cancel the gift vouchers associated with the User’s account that have been generated through this functionality, and may even proceed to suspend or cancel the User account that has performed improper or fraudulent use.
3.4. Satisfaction Guarantee
VARIETAL500 offers a guarantee to the User called “Satisfaction Guarantee”, on the basis of which, the User has the possibility of returning the different units acquired from a product if when testing a product unit, it does not satisfy him.
The User has a period of 30 calendar days from the reception of the products to request the return of the products, sending an email to firstname.lastname@example.org and specifying as subject “Satisfaction Guarantee”. The User must state the order number and the products he wants to return.
The User must return the rest of the product units that have not been tasted in perfect condition (not damaged, soiled or opened by the User), properly protected and, ideally, in their original packaging. After verification by VARIETAL500 of the good condition of the products, the amount corresponding to the units returned will be refunded within a maximum period of 10 calendar days using the same payment method that the User used for the initial purchase. This guarantee does not extend to the transport costs of the return, which will be borne by the User.
3.5. Selection of products by the User
All registered Users may contract through the Portal the purchase of products.
The purchase process in VARIETAL500 is based on a virtual basket, to which the User can add the products he wishes to purchase.
To add products to the shopping cart, once the User is in the product description page and selected the available customization options, you must select the “Add to cart” option provided.
At all times the User can access and modify the contents of the basket.
3.6. Order Processing
Once the products that you wish to purchase are in the shopping cart, the User can start the order processing, selecting the option “View cart”, an option that will show the User the content of the virtual basket, allowing the modification of the Selected products and their removal from the shopping cart.
The User must ensure that the products indicated on the screen are those that he wishes to acquire and select from the geographical areas listed the one corresponding to the shipping address. This point shows the total price of the selected products and the shipping costs generated. Also, in this section, the User can view, where appropriate, the promotions automatically applied to his order
By pressing “NEXT”, the User accesses a panel where he must indicate the shipping data; To continue with the hiring process, the User must fill in the shipping information, including his full name, telephone number and address, filling in all the fields marked as mandatory. In this section the User may include the useful information that he considers necessary for the messenger, although VARIETAL500 cannot guarantee its compliance.
If the User wants the billing address to be different from the shipping address, he 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 to the recipient, indicated especially in the case of gifts.
In the next phase of the purchase process, the User must select the payment method. At this time the User is indicated again the exact amount to be paid, resulting from adding the price of the products and the shipping costs, net of the eventual promotional discount and / or gift voucher.
Following the link “PLACE THE ORDER”, the User will be taken to the selected payment gateway. Once the payment is 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.
3.10. Products price
The prices of the products are those indicated in the description attached to them. All prices indicated in the product description are expressed in Euro (€) and include Value Added Tax (VAT).
3.11. Way to pay
The purchase of products through the VARIETAL500 Gateway allows the following payment methods:
– Payment by debit or credit card (VISA and MASTERCARD) through a virtual POS.
To use the credit card through a virtual POS, the buyer must fill out a form indicating the name of the card owner, type of card, expiration date of the card and security code.
VARIETAL500 does not have access to bank data linked to the means of payment and does not know or record this data during the payment operation.
3.12. Confirmation of acceptance receipt
Upon completion of the purchase process, the User will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, date of contract, order number and date of delivery. Likewise, a permanent link to these contracting conditions will be sent to the email address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to VARIETAL500.
3.13. Right of withdrawal.
The buyer will have in any case a period of fourteen (14) calendar days after receiving
the Product to exercise their right of withdrawal without having to justify reasons or have any penalty.
In accordance with article 102.d) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of
Consumers and Users and other complementary laws, not being applicable the supply of goods that may deteriorate or expire quickly, so that the right of withdrawal cannot be exercised on bottles that have been opened for example, due to the rapid deterioration of the content in such cases.
The buyer must express their intention to withdraw within the indicated period and
must proceed to return the product. The buyer can also use the model withdrawal
form that is available here. Likewise, the User may send an email to the address
email@example.com including his name and address, as well as the number of his
order. You can also contact by phone in order to expedite the process of returning the corresponding amounts.
VARIETAL500 will refund the sums paid by the User without withholding of expenses.
However, the cost of returning the product will be borne by the User.
Received the products on which the withdrawal falls and verified its correct status, VARIETAL500 will return to the User the sums paid within a maximum period of 10
calendar days. Products that do not retain their original packaging may suffer depreciation.