Purchase conditions

1. Introduction

These General Terms and Conditions of Purchase govern access to, browsing of, and use of the website www.umesu.wine, as well as the purchase of products offered through it by U MES U FAN TRES, S.L.

Placing any order through the Website implies express, full and unreserved acceptance of these General Terms and Conditions, as well as of the Legal Notice, Privacy Policy and Cookie Policy available on the Website.

The Customer declares that they have read, understood and accepted these Terms and Conditions before completing the purchase process.

U MES U FAN TRES, S.L. reserves the right to modify these General Terms and Conditions at any time. Modifications will not have retroactive effect and will apply only to purchases made after their publication on the Website.

2. Identification details of the owner

In compliance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce, the owner of the Website is hereby identified as follows:

Owner: U MES U FAN TRES, S.L.
Tax ID (NIF): B58234048
Registered office: Masia Navinès S/N, 08736 Font-rubí, Barcelona, Spain
Telephone: +34 938 97 40 69
Email: hello@umesu.wine
Website: www.umesu.wine

3. Purpose of the Terms and Conditions

The purpose of these Terms and Conditions is to govern the online sale of products offered by U MES U FAN TRES, S.L., mainly wines and products related to wine-making.

The company may also offer in the future wine tourism experiences, guided tours, tastings, private events, cultural or gastronomic activities and other services linked to the world of wine.

When such services have specific particular conditions, these will be made available to the Customer prior to contracting and will prevail over these Terms and Conditions in anything that proves incompatible.

4. Customer status and capacity to contract

Purchases through the Website may be made by natural persons of legal age and with full legal capacity to enter into contracts.

By placing an order, the Customer declares that:

• They are eighteen (18) years of age or older.
• They have sufficient legal capacity to enter into contracts.
• The information provided during the purchase process is truthful, accurate and up to date.
• They are acting as a consumer or end user, unless expressly indicated otherwise.

U MES U FAN TRES, S.L. may reject or cancel orders when it detects false, incomplete, fraudulent information or information contrary to applicable regulations.

5. Sale of alcoholic beverages and legal drinking age

The sale of alcoholic beverages is prohibited to persons under eighteen (18) years of age.

Access to the Website is subject to a prior declaration by the user confirming that they are of legal age. This declaration constitutes a responsible statement on the part of the user.

When placing an order, the Customer again confirms that they are of legal age and that the product purchased will not be delivered or made available to minors.

U MES U FAN TRES, S.L. reserves the right to cancel any order where there are reasonable indications that the purchase has been made by a minor or is intended for a minor.

The carrier may also request documentation evidencing the recipient’s age at the time of delivery.

6. Geographic scope of sale and delivery

The products offered through the Website are currently sold and distributed only within Spanish territory.

Shipments will be made to:

• Mainland Spain.
• Balearic Islands.
• Canary Islands.

U MES U FAN TRES, S.L. may expand the geographic scope of sale and distribution in the future, including other European Union countries or third countries, in which case the Customer will be informed of the applicable conditions before completing the purchase.

7. Products offered

The products available on the Website are described in their corresponding product listings.

Each listing may include, among other information:

• Product name.
• Description.
• Main characteristics.
• Vintage, where applicable.
• Format.
• Price.
• Availability.
• Other relevant information.

Images, photographs and graphic elements are provided for guidance only. Although U MES U FAN TRES, S.L. endeavours to ensure that the information is accurate and up to date, there may be small differences between the image displayed and the product finally delivered, particularly due to changes in vintage, labelling, presentation or production conditions.

These variations will not affect the essential characteristics of the product purchased.

8. Product availability

All orders are subject to actual product availability.

In the event of a stock shortage, error in availability or supervening impossibility of supply, U MES U FAN TRES, S.L. will inform the Customer as soon as possible and may offer:

• Replacement with an equivalent product.
• Waiting until stock is replenished.
• Total or partial cancellation of the order.
• A refund of the amounts paid for the unavailable products.

In the case of a refund, this will be made using the same means of payment used by the Customer, unless another means is expressly agreed.

9. Purchase process

To place an order, the Customer must follow the purchase procedure provided on the Website.

As a general rule, the process will be as follows:

1. Selection of products.
2. Adding products to the cart.
3. Review of the shopping cart.
4. Entry of the information required to process the order.
5. Selection of the shipping method.
6. Selection of the payment method.
7. Acceptance of these General Terms and Conditions.
8. Confirmation of the order via the “Authorise payment” option or equivalent.
9. Receipt of the order confirmation email.
10. Preparation of the order by U MES U FAN TRES, S.L.
11. Sending of the shipping confirmation.
12. Delivery of the order by the transport company.

Before completing the purchase, the Customer may review and correct the information entered.

10. Purchase without registration

The Customer may make a purchase without the need to create a user account.

In this mode, only the information strictly necessary to process the order, manage payment, arrange delivery, issue the invoice where applicable and handle any incident related to the purchase will be requested.

As there is no private user area, the Customer will be responsible for keeping the emails confirming the order, shipping and other communications related to the purchase.

11. Order confirmation

Once the order has been placed, the Customer will receive an email confirming receipt of the order.

This confirmation does not necessarily imply final acceptance of the order if there are incidents related to:

• Stock availability.
• Manifest error in the price.
• Impossibility of delivery.
• Incomplete or incorrect information.
• Suspected fraud.
• Failure to meet the minimum age requirement.

The sales contract will be deemed formalised once payment has been confirmed and the order has been accepted by U MES U FAN TRES, S.L.

12. Prices

The prices published on the Website are expressed in euros and include the applicable Value Added Tax (VAT).

Shipping costs, where applicable, will be shown separately before completing the purchase.

U MES U FAN TRES, S.L. may modify prices at any time. However, changes will not affect orders that have already been confirmed.

In the event of a manifest error in the price of a product, U MES U FAN TRES, S.L. may cancel the order and inform the Customer, proceeding to refund the amounts paid.

13. Taxes

Prices include the VAT applicable in Spain.

For shipments to the Canary Islands, orders may be subject to taxes, customs duties, customs fees or indirect taxes not included in the product price or shipping costs.

Such amounts, where applicable, will be borne entirely by the Customer.

14. Payment methods

The Customer may pay for their purchases through the payment methods enabled on the Website, including:

• Visa cards.
• Mastercard.
• Apple Pay.
• Google Pay.
• Bizum.

Payments will be processed through secure payment gateways, including Redsys and Stripe.

U MES U FAN TRES, S.L. does not store the full details of the bank cards used by Customers. Such data is managed directly by the payment service providers.

By confirming the payment, the Customer declares that they are the legitimate holder of the payment method used or have sufficient authorisation to use it.

15. Payment security

Payment transactions are carried out using secure, encrypted systems.

Bank cards and other payment methods will be subject to verification and authorisation by the issuing bank or the relevant payment provider.

If the issuing bank does not authorise the payment, U MES U FAN TRES, S.L. will not be liable for the failure to process the order.

16. Invoicing

The Customer may request an invoice for their purchase by providing the necessary tax information.

The invoice may be sent in electronic format to the email address provided during the purchase process.

The Customer expressly accepts the issuance of an electronic invoice, unless they request otherwise.

17. Order preparation

Once payment has been confirmed, U MES U FAN TRES, S.L. will proceed to prepare the order.

The usual preparation time will be 48 to 72 hours, depending on stock availability, order volume and the operational circumstances of the winery.

Once the order has been handed over to the carrier, the Customer will receive a shipping confirmation.

18. Shipping and delivery times

The estimated delivery times are as follows:

Mainland Spain

The estimated delivery time will be 48 to 72 hours from the time the order leaves the winery.

Balearic Islands

The estimated delivery time will be 48 to 72 hours from the time the order leaves the winery.

Canary Islands

The estimated delivery time will be up to 7 calendar days from the time the order leaves the winery.

The times indicated are estimates and may be affected by circumstances beyond the control of U MES U FAN TRES, S.L., such as logistics incidents, public holidays, weather conditions, strikes, transport restrictions or customs procedures.

Delay in delivery will not entitle the Customer to compensation, without prejudice to the rights to which the consumer is legally entitled.

19. Shipping costs

The applicable shipping costs will be:

• Mainland Spain: €6.
• Balearic Islands: €12.
• Canary Islands: €20.

Shipping will be free of charge when the order reaches the following minimum amounts:

• Mainland Spain: orders of €60 or more.
• Balearic Islands: orders of €120 or more.
• Canary Islands: orders of €150 or more.

Shipping costs will be displayed before the final confirmation of the order.

20. Delivery of the order

Delivery will be made to the address indicated by the Customer during the purchase process.

The Customer must ensure that the address provided is correct, complete and allows the order to be delivered.

U MES U FAN TRES, S.L. will not be liable for delays or inability to deliver caused by incorrect, incomplete or out-of-date information provided by the Customer.

The transport company may contact the Customer to coordinate the delivery.

21. Inability to deliver

If it is not possible to deliver the order due to the recipient’s absence, an incorrect address, lack of response or any cause attributable to the Customer, the carrier may make further delivery attempts or deposit the order at a pickup point, in accordance with its operating conditions.

If the order is returned to U MES U FAN TRES, S.L. for reasons attributable to the Customer, the Customer may be required to bear the costs arising from the return and, where applicable, from re-delivery.

22. Transfer of risk

The risk of loss or damage to the products will pass to the Customer upon effective delivery of the order.

However, if the Customer arranges, on their own initiative, a carrier different from that proposed by U MES U FAN TRES, S.L., the risk will pass upon delivery of the order to that carrier.

23. Inspection of the order at the time of delivery

The Customer must inspect the external condition of the package at the time of delivery.

If visible damage, breakage, dampness, signs of tampering or any other incident is detected, it is recommended to record this on the carrier’s delivery note and notify U MES U FAN TRES, S.L. as soon as possible.

Where damage is not visible at the time of delivery, the Customer must report the incident as soon as it is detected, providing photographs of the packaging and the affected product.

24. Right of withdrawal

If the Customer is acting as a consumer or user, they will have the right to withdraw from the purchase within fourteen (14) calendar days from receipt of the order, without the need to give any reason.

To exercise the right of withdrawal, the Customer must communicate their decision unequivocally by email to:

hello@umesu.wine

Indicating in the subject line:

“Right of withdrawal”

The communication must include, as a minimum:

• The Customer’s full name.
• Order number.
• Product or products subject to withdrawal.
• Date of receipt.
• Pickup or return address.
• Contact email.

U MES U FAN TRES, S.L. will confirm receipt of the request by email.

25. Conditions for accepting a return

For the return to be accepted, the products must meet the following conditions:

• Be in perfect condition.
• Be returned in their original packaging.
• Not have been opened.
• Not have been consumed.
• Not have been handled beyond what is necessary to ascertain their nature, characteristics and functioning.
• Not have been refrigerated or chilled.
• Retain labels, seals and original elements.

For reasons of food safety, hygiene and quality, U MES U FAN TRES, S.L. may refuse the return of products that have been opened, unsealed, consumed, improperly handled or that are not in suitable condition for resale.

26. Return address

Products must be returned to the following address:

U MES U FAN TRES, S.L.
Mas Romaní S/N, 08736 Font-rubí, Barcelona, Spain

The Customer must return the products within a maximum period of fourteen (14) calendar days from the date on which they communicate their decision to withdraw.

The deadline will be deemed to have been met if the Customer sends the products before that period ends.

27. Return costs

The direct return costs arising from the exercise of the right of withdrawal will be borne by the Customer.

As an indicative figure, the maximum estimated return cost for shipments within mainland Spain will be six euros (€6), without prejudice to the fact that this amount may vary depending on the destination, carrier and shipping conditions.

In the case of a return due to a defective, broken or incorrect product, or lack of conformity attributable to U MES U FAN TRES, S.L., the return costs will be borne by the company.

28. Refund

Once the returned products have been received or the Customer has provided sufficient evidence of their return, U MES U FAN TRES, S.L. will proceed to refund the amounts paid for the products being returned.

The refund will be made using the same means of payment used by the Customer, unless the Customer expressly indicates another means and this does not give rise to additional costs.

U MES U FAN TRES, S.L. may withhold the refund until it has received the products or until the Customer has provided evidence of their return, whichever condition is met first.

29. Defective, broken or incorrect products

If the Customer receives defective products, broken bottles, incorrect products or products that do not match the order placed, they must report this to:

hello@umesu.wine

The communication must include:

• Order number.
• Description of the incident.
• Photographs of the packaging and the affected product.
• Contact details.

In such cases, U MES U FAN TRES, S.L. will assess the incident and, where appropriate, will offer the Customer:

• Replacement of the product.
• Re-shipment of the correct product.
• A refund of the corresponding amount.
• Another equivalent solution agreed with the Customer.

Where the incident is attributable to U MES U FAN TRES, S.L. or to the carrier engaged by the company, the costs of collection, return or replacement will be borne by the company.

30. Legal guarantee of conformity

The products sold through the Website are covered by the legal guarantee of conformity provided for in the applicable consumer protection regulations.

U MES U FAN TRES, S.L. will be liable to the consumer for any lack of conformity existing at the time of delivery, in accordance with the terms and time limits set out by law.

A lack of conformity will be deemed to exist, among other cases, when the product:

• Does not match the description provided.
• Is not fit for the ordinary use for which products of the same type are intended.
• Has manufacturing defects.
• Has been delivered in poor condition.
• Is different from the product ordered.

The guarantee will not cover damage arising from improper use, incorrect storage, exposure to inappropriate temperatures, improper handling or failure to comply with the storage recommendations.

31. Storage of the products

The Customer must store the products in accordance with the recommendations appropriate to this type of product.

In particular, it is recommended to:

• Keep the bottles in a cool, dry place.
• Avoid direct exposure to sunlight.
• Avoid sudden changes in temperature.
• Not subject the products to conditions of extreme cold or heat.
• Handle the bottles with care.

U MES U FAN TRES, S.L. will not be liable for defects, alterations or deterioration arising from inadequate storage after delivery.

32. Wine tourism experiences and future services

U MES U FAN TRES, S.L. may offer in the future wine tourism experiences, winery visits, tastings, gastronomic activities, private events or other related services.

Such activities may be subject to particular conditions relating to:

• Date and time of the activity.
• Minimum or maximum capacity.
• Cancellation policy.
• Weather conditions.
• Attendance requirements.
• Minimum age.
• Language of the activity.
• Duration.
• Services included and excluded.

When these services are made available, the Customer will be informed of the specific conditions before contracting.

In the absence of particular conditions, these General Terms and Conditions will apply to the extent that they are compatible.

33. Communications with the Customer

Communications relating to the order will be made primarily by electronic means, through the email address provided by the Customer.

The Customer accepts that contractual communications, order confirmations, shipping confirmations, incidents, invoices and other information related to the purchase may be carried out by electronic means.

34. Customer responsibility

The Customer undertakes to:

• Use the Website lawfully.
• Provide truthful, up-to-date information.
• Not place fraudulent orders.
• Not purchase alcoholic beverages if under legal age.
• Not make alcoholic products available to minors.
• Inspect the order at the time of delivery.
• Properly store the products purchased.

Failure to comply with these obligations may give rise to the cancellation of the order or to the corresponding liabilities being enforced.

35. Liability of U MES U FAN TRES, S.L.

U MES U FAN TRES, S.L. will be liable to the Customer in accordance with applicable law.

Save for any mandatory legal provision to the contrary, the liability of U MES U FAN TRES, S.L. will be limited to the amount actually paid by the Customer for the affected product or service.

The company will not be liable for damage arising from:

• Improper use of the Website.
• Errors in the information provided by the Customer.
• Inadequate storage of the products.
• Failure to follow the recommendations for use or storage.
• Incidents attributable to the Customer or to third parties unrelated to the company.

Nothing in the above will limit the rights to which the Customer is entitled as a consumer and user.

36. Force majeure

U MES U FAN TRES, S.L. will not be liable for delays or non-performance arising from causes of force majeure or circumstances beyond its reasonable control.

Causes of force majeure include, among others:

• Adverse weather phenomena.
• Strikes.
• Transport disruptions.
• Administrative restrictions.
• Fires.
• Floods.
• Public health crises.
• Generalised communications failures.
• Logistics incidents not attributable to the company.

For as long as the force majeure event lasts, the affected obligations will be suspended for the time reasonably necessary.

37. Intellectual and industrial property

All contents of the Website, including texts, photographs, images, designs, logos, trademarks, trade names, software, source code and other elements, are owned by U MES U FAN TRES, S.L. or used under sufficient licence or authorisation.

The reproduction, distribution, public communication, transformation, making available or any form of exploitation of such contents is prohibited without the prior written authorisation of U MES U FAN TRES, S.L.

Access to the Website does not imply any assignment, licence or authorisation in respect of such rights.

38. Protection of personal data

Personal data provided by the Customer will be processed by U MES U FAN TRES, S.L. in accordance with its Privacy Policy.

As a general rule, data will be processed in order to:

• Manage the purchase.
• Process payment.
• Arrange delivery.
• Issue invoices.
• Handle enquiries and incidents.
• Comply with legal obligations.
• Send commercial communications where there is a legal basis to do so.

The Customer may exercise their rights of access, rectification, erasure, objection, restriction and portability as set out in the Privacy Policy.

39. Cookies

The Website uses its own cookies and/or third-party cookies as set out in its Cookie Policy.

The user may configure, accept or reject non-essential cookies through the system available on the Website.

40. Customer service, complaints and claims

For any enquiry, incident, complaint or claim relating to a purchase, the Customer may contact U MES U FAN TRES, S.L. through:

Email: hello@umesu.wine
Telephone: +34 938 97 40 69

Claims will be handled as promptly as possible and, in any event, within the time limits set out by law.

U MES U FAN TRES, S.L. has official complaint forms available to consumers and users where required by law.

41. Out-of-court dispute resolution

If the Customer qualifies as a consumer and considers that their rights have been infringed, they may contact U MES U FAN TRES, S.L. in order to attempt to reach an amicable solution.

Customers are also informed that the European Commission provides consumers with an online dispute resolution platform, accessible through the following link:

https://ec.europa.eu/consumers/odr/

42. Applicable law and jurisdiction

These General Terms and Conditions will be governed by Spanish law.

Where the Customer is acting as a consumer, any dispute will be submitted to the courts and tribunals that have jurisdiction under consumer protection regulations.

Where the Customer is acting as a trader or professional, and provided that there is no mandatory provision to the contrary, the parties will submit to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction to which they may be entitled.

43. Severability

If any clause of these Terms and Conditions is declared null, invalid or unenforceable, such declaration will not affect the validity of the remaining clauses.

The clause affected will be replaced by another valid clause that produces effects as similar as possible to those originally intended.

44. Contact

For any matter relating to these General Terms and Conditions, the Customer may contact:

U MES U FAN TRES, S.L.
Masia Navinès S/N
08736 Font-rubí, Barcelona, Spain
Telephone: +34 938 97 40 69
Email: hello@umesu.wine