TERMS AND CONDITIONS OF USE FOR USERS

Access to this Site is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by users.

It is expressly forbidden to use the Site for purposes harmful to the property or interests of HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. or third parties.

In the event that the User becomes aware that the linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, we would be grateful if he/she would contact HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L..

1.- provision of enotourism services

1.1.- contracting procedure

HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. includes in its activities the provision of wine tourism services. These services consist of winery visits. The list of services provided by HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. may be modified at any time. Users are advised to consult any possible modifications that may occur in the list of services provided.

The contracting of wine tourism services provided by HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. may be carried out through the Site, by telephone or by e-mail. In the event of contracting services by telephone or e-mail, payment for the same shall be made at the winery itself at the time of receiving the same.

In order to contract any of the services offered by HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. through the website, the user must access the link https://grupomarquesdelatrio.com/enoturismo/ and follow the instructions for adding services to the shopping cart. The addition of services to the basket does not entail any commitment to purchase, the user can at any time view the basket or remove services from it.

In order to purchase the wine tourism services offered, HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. shall request users to identify themselves, and it is not necessary for the user to have previously registered on the Site, although he/she shall express his/her consent to the processing of his/her personal data in the manner set forth in the legal notice for the purpose of carrying out the management. The user must comply with the instructions provided on the Site, which will consist of the following actions:

1. Select the page of the service of interest to the user (visit, activity…).
   Confirm the day of interest for the reception of the service of interest to the user (visit, activity…).
2. Once the day is confirmed, confirm the time of interest (if possible) for the reception of the service of interest to the user.
3. Confirm the number of people interested in receiving the service.
   If the service of interest allows the attendance of minors and the user so wishes, indicate the number of minors whose attendance is desired.
   The following contact information fields must be filled in: Name, Surname, National Identity Document, age and contact telephone number. The data requested for the provision of the service will be treated in the manner set out in the legal notice in order to be able to carry out the management.
4. Add comments or additional information, as long as it is of interest to the user, the section ‘Want to tell us something’.
5. Check that the data entered on the site for the hiring of the service are correct. The user will have the possibility to correct any of the data provided by clicking on the “edit” field.
6. To click on the acceptance of the general conditions, the legal notice and the particular conditions that entail the contracting of the service. Clicking on the acceptance implies the reading, understanding and acceptance of the general conditions, the legal notice and the particular conditions (if any).
7. Click on the button “buy now” (or a similar expression). Clicking on this button will imply the completion of the contracting of the service, as well as the formalization of the payment through the use of one of the existing payment methods.
8. Once the payment has been made, the user will receive in the mail indicated in the same form, the reference or purchase order of the activity.

1.2.- Price, form of payment, and supporting documentation.

The price of the services is defined in Euros, and will be established on the corresponding pages of the Site for each service offered, being valid for as long as they remain accessible on the website.

During the contracting of the service through the Site, the user will be able to choose between the following payment methods:

Credit Card: Through the online payment system.
Bank Transfer: The User who chooses this payment option will receive an email, once the order is completed, with the bank details necessary to pay the amount of the order.
Paypal: Through the secure online payment system.
Applicable taxes are included in the price of the product (21% VAT).

The contracting of the service shall be understood to have been carried out at the address of HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L.,.

When a purchase/sale of a good is formalized, and once the payment is received and verified, it will provide the information of interest and the passes/accesses for the reception of the service by email within 24 hours of the purchase, the product is sent.

If payment is made by credit card, the charge on the card will be made through bank TPV. To proceed with the payment by credit card, the User must follow the instructions that appear on the screen, providing the following information:

• Card number.
• Expiration date.
• Card CVV2 or CVC2 code.

All commercial transactions are carried out in a secure server environment under SSL (Secure Socket Layer) protocol, which guarantees the security and privacy of your data.

HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. reserves the right to request any user who has made a purchase to provide proof of payment and/or to identify themselves by providing by telematic means (fax, email or similar) a document identifying them as the purchaser and which may include the delivery address (ID card, passport, Resident Card, census certificate, etc.).

Under no circumstances shall HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. be liable for any other type of damage, whether actual, indirect or of any other type, nor for any loss of profit that the buyer may have suffered as a result of problems arising from the contracting of the service.

For any additional information about your order or billing you can contact Customer Service through the email account visitas@faustinorivero.com.

1.3.- cancellation of the service.

Provided that the cancellation or modification of the number of attendees is made at least 48 hours prior to the time the service is to be rendered, no charge will be incurred. 50% of the total amount may be refunded in the event of cancellation if the winery is notified at least 24 hours prior to the rendering of the service. If the communication to cancel or modify a service is made with less than 24 hours, 100% of the amount of the contracted services will be charged.

Once fifteen minutes have elapsed since the beginning of the service, it will not be possible to join the service, and the amount paid will not be reimbursed.

The use of costumes is not allowed during the provision of the contracted services.

2.- OBLIGATIONS OF THE USER.

Any commercial use of products with a registered trademark is expressly prohibited, unless expressly authorized by HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L., or by the holder of the trademark registration.

The user undertakes to pay the price of the product and to use it in accordance with the law and these general terms and conditions.

Specifically, and without implying any restriction on the obligation assumed by the User in general in accordance with the preceding paragraph, the User undertakes, in the use of the Portal, as well as in the acquisition of the products in the Store, to:

• In the case of registration, the User undertakes to provide truthfully the data provided and keep them updated.
• Not to introduce, store or disseminate in or from the Portal, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations.
• Not to introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that may cause damage to the Portal, to any of the Services, or to any of the equipment, systems or networks of HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L., of any User, or in general of any third party, or that in any other way is capable of causing them any type of alteration or preventing the normal operation of the same.
• To properly safeguard your username and password, as identifying and enabling elements for access to the purchase of products, pledging not to transfer its use or to allow access to them by third parties, assuming responsibility for any damages that may arise from improper use of them. Likewise, the user undertakes to notify HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L., as soon as possible, of any loss or theft as well as any risk of access to the user name and/or password by a third party.
• Not to use false identities, nor to impersonate the identity of others in the use of the Portal or in the use or acquisition of any of the Products, including the use of passwords or access codes of third parties or in any other way.
• Not to destroy, alter, render useless or damage the data, information, programs or electronic documents belonging to HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. or third parties.
• Not to enter, store or disseminate through the Portal any content that infringes the intellectual or industrial property rights or business secrets of third parties, nor, in general, any content of which it does not hold, in accordance with the law, the right to make it available to third parties.

3.- OBLIGATIONS OF HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L.

It undertakes to make available to the user the necessary information regarding the product and once the purchase is made, to send a check via email, stating the receipt of the order placed, and confirmation of payment.

It undertakes to have the necessary spare parts for the product, or to request them from the manufacturer, for 5 years from the end of production.

It will also prepare an invoice that will be provided to the consumer with his order.

4.- WITHDRAWAL.

If you are not satisfied with the products purchased in our online store, you have the right to withdraw from the contract by returning your purchases, in accordance with the provisions of the following paragraphs.

The withdrawal period will expire after 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, received the goods.

The right of withdrawal shall not apply to the items listed below:

Goods made to the specifications of the consumer and user or clearly personalized.

Sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

Alcoholic beverages whose price has been agreed upon at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.

In the event that in the same order you have purchased multiple goods that have been delivered to you separately, the withdrawal period will expire 14 calendar days from the day on which you, or a third party indicated by you other than the carrier, received the last of those goods.

Upon receipt of the product, we will credit you both the principal amount and the shipping costs you paid at the time, however, the shipping costs arising from the return will be for your account.

The consumer will be responsible for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.

The consumer must communicate their desire to withdraw by any means admissible in law: by calling (+34) 941 380 057 Phone, an email to visitas@faustinorivero.com Email, or a letter to the address listed in these conditions, as well as proceed to the return of the product by parcel post, bearing the costs of such return. The mere fact of returning the package to the address will be sufficient to consider this right exercised.

However, we provide a withdrawal form at the end of this point, the use of which is not mandatory.

Once the return communication (if applicable) and the product being returned have been received, HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. shall proceed to refund the amounts paid by the user within a maximum period of 14 days, including taxes and shipping costs, without any discount or penalty whatsoever. The refund will be made by the same means by which you paid, unless you tell us otherwise.

The user will only have to reimburse an amount for the decrease in the value of the good, which is a consequence of its use not in accordance with the agreement or the characteristics of the good, for reckless damage caused by not following the maintenance instructions of the good, or for fraudulent damage.

In the event that the return is due to product defects, the legal rights and guarantees on defective products are applied in accordance with the provisions of the applicable legislation to that effect, the company being responsible for the shipping costs.

The right of withdrawal is only valid for consumers, including legal persons and unincorporated entities acting on a non-profit basis outside a trade or business activity. Traders or entrepreneurs who purchase products in the course of a trade or business are not entitled to the right of withdrawal.

You can download the withdrawal form in .doc format here.

5.- RESPONSIBILITIES.

The user shall be absolutely responsible for the use made of the Site and the product purchased, and exonerates HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. from any liability arising from any damage that may be caused by any incorrect use of this product. Specifically, it shall be liable for:

All those acts that contravene the provisions of these general conditions, the law, morality, generally accepted customs and public order.

Any act performed in a manner different from what is stated in the indications or instructions on the operation and use of the product.

The certainty, accuracy, validity and timeliness of the data used to fill in each of the forms that HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. requires on the website.

Direct or indirect damages caused by any third party if the user lost, disclosed, neglected or, in any way, allowed a third party to know, due to attributable causes, his/her personal data necessary for contracting the product.

6.- POWER OF REFUSAL OF THE REQUEST.

HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. reserves the right to exclude or not allow the purchase of the product when it considers that the current regulations, general conditions, morality, generally accepted customs, public order, when a third party is harmed, or when, for reasons derived from the image and reputation of the website, HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. does not consider it appropriate. In this case, if payment has been made, it shall be refunded.

7.-INFORMATION AND MODIFICATION.

HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. guarantees that it has made these general conditions available to all possible interested parties prior to their being able to contract the products, thus complying with the prior information period. The user will be able to consult at any time the present General Conditions through our web page.

The temporary validity of these terms and conditions coincides with the time of its exposure, until such time as the terms and conditions stipulated herein are totally or partially modified unilaterally, the user being obliged to consult our General Contracting Conditions every time he/she accesses our online store.

If any clause is declared null and void, it will be considered as not being in force without affecting the rest of the conditions.

8.- ASSIGNMENT AND SUBROGATION.

HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. may hire service providers, and collaborate or assign the contracts formalized to third parties, to carry out the supply of all or part of the products to which it is committed by virtue of the different operations that are formalized.

9.- EXTINCTION AND TERMINATION.

The present contract shall terminate when both parties comply with the obligations to which they commit themselves in the contract or when it is terminated by any of them if any of the causes for termination occur, or if the other party seriously breaches any of the obligations established in the contract.

10.- NOTIFICATIONS.

Notifications must be sent by any reliable means to the following address: HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L.; at Ctra. de Logroño NA-134, km. 86.2, C.P. 31587, in Mendavia (Pamplona).

11.- APPLICABLE LAW, JURISDICTION AND VALIDITY.

HACIENDA Y VIÑEDOS MARQUES DEL ATRIO, S.L. informs you that this Legal Notice and the General Contracting Conditions are governed in each and every one of their aspects by Spanish legislation. The present contract is established in Spanish language.

As the consumer enjoys protection regulations, he/she may claim or sue from the jurisdiction of his/her domicile.

Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Pamplona (Spain), in the following cases:

That the purchasing party is domiciled outside the European Union and in that country there is no bilateral or multilateral agreement with Spain that prevents the possibility of setting the express submission of the jurisdiction;

If it is a sale and purchase made by a company acting within the framework of its business or professional activity.

12.- CONTACT US

If you have any questions about these terms and conditions, or if you would like to make any suggestions or recommendations, please contact us at the following e-mail address: visitas@faustinorivero.com.