1. PURCHASE PROCEDURE

a) To purchase products from www.avgvstvsforvm.com, you only need to select the desired items from the shopping cart icon or the purchase button

b) The shopping cart will include the name of the selected item, its photo and the price with taxes included (shipping NOT included).

c) The order form will request personal data, as well as delivery data, which will be incorporated into our database in order to process the order and facilitate new purchases at avgvstvsforvm.com. It also has a private area (accessible by clicking on your username) from which you can view and modify personal data, access the purchase history and an order locator. Remember that personal data must be indicated with total accuracy to avoid confusion or incidents in the delivery of the purchased products.

d) Once the purchase order has been completed, and before the order is sent, a summary will be displayed identifying the item(s) purchased, their total price (including shipping and taxes) and the shipping details. The order must be confirmed by clicking on the ‘Confirm purchase’ button.

e) Purchases must be paid for by credit or debit card (Visa or Mastercard). No other forms of payment will be accepted. For payments by credit or debit card, the charge will be made online, that is, in real time, through the payment gateway of the corresponding financial institution, once it has been verified that the data provided is correct. (see Payment Method and Security).

f) Once the transaction has been confirmed, the order number will be communicated through the website itself.

g) In addition, an email message will be sent with a description of the order and the personal details that have been communicated. Failure to receive this message may be due to a temporary problem with network communications or a typing error in the email address provided. In both cases, it is advisable to contact CELLERS AVGVSTVS FORVM S.A. on 977 666 910 or by email at avgvstvs@avgvstvsforvm.com

2. HOW THE PURCHASE AND SALE OPERATION

2.0 INFORMATION PRIOR TO CONTRACTING

CELLERS AVGVSTVS FORVM S.A. informs that the reservation and purchase procedure through its web pages is detailed in the section called legal notice.

By contracting with CELLERS AVGVSTVS FORVM S.A. through its website, the user or client expressly declares that they know, understand and accept these conditions of use and general contracting conditions. Likewise, the user declares to be of legal age and to have the legal capacity and the necessary authority to access the CELLERS AVGVSTVS FORVM S.A. website and to contract through them.

Once the purchase has been made, the user will see the confirmation of their order on screen, and may print it as proof of purchase.

The order confirmation and proof of purchase (printout made by the user) will not be valid as an invoice.

2.1.- PRODUCT OFFER AND PRICE REFERENCE.

In compliance with current regulations and, in particular, Law 34/2002 on Information Society Services and Electronic Commerce, CELLERS AVGVSTVS FORVM S.A. offers on its website information on all products for sale, their characteristics and prices.

CELLERS AVGVSTVS FORVM S.A. CELLERS AVGVSTVS FORVM S.A. reserves the right to withdraw, replace or change the products offered to its customers through its web pages, by simply changing the content of the same. In this way, the products offered at any time by the CELLERS AVGVSTVS FORVM S.A. website will be governed by the General Conditions in force in each case. Likewise, CELLERS AVGVSTVS FORVM S.A. will have the right to stop offering, without prior notice and at any time, access to the aforementioned products.

2.2.- PRICE INDICATION.

All product prices indicated through the website include VAT and other taxes that may apply. However, these prices do not include the costs corresponding to the shipment of the products, which are detailed separately and must be accepted by the user.

2.3.- SHIPPING COSTS.

To find out the shipping costs, follow the steps for placing an online order and select the products you would like to purchase. In the last step, once you enter your full address, the online system calculates the shipping costs.

2.4.- AVAILABILITY

The availability of the products offered by CELLERS AVGVSTVS FORVM S.A. through its web pages may vary depending on customer demand. Although CELLERS AVGVSTVS FORVM S.A. updates the stock periodically, the product requested by the customer may be out of stock at that time. In such case, CELLERS AVGVSTVS FORVM S.A. will send an email to the customer informing them of the impossibility of fulfilling the order.

2.5.- DELIVERY OF THE ORDER

The approximate time of arrival of orders varies according to the destination. The delivery time in Spain is 1-3 days.

All orders are sent by courier. All shipments must be signed for upon delivery and all are guaranteed.

To avoid delivery problems (incorrect addresses, inability to find someone at home, etc.), it is essential to correctly fill in the information and data required in the purchase request and it is advisable to fill in the box for the contact telephone number.

2.6.- PAYMENT METHODS AND SECURITY

The established payment method is via credit or debit card.

In order to provide maximum security to the payment system, CELLERS AVGVSTVS FORVM S.A. uses “secure payment” systems from leading financial institutions in electronic commerce. In this sense, confidential payment data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution. For payment with Visa and Mastercard cards, CELLERS AVGVSTVS FORVM S.A. only accepts CES (Secure Electronic Commerce) transactions with the international 3D Secure protocol, which is distinguished by the Verified by Visa and Mastercard SecureCode logos. Secure Electronic Commerce is an initiative whose basic principle is to guarantee security in Internet transactions. When making the payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. It will then connect with the bank that issued the credit card, which will request that the transaction be authorized by means of a personal authentication code. The transaction will only be carried out if the bank that issued the credit card confirms the authentication code. Otherwise, the transaction will be rejected. As a complementary measure to the “Secure Payment” system and with the aim of collaborating in the prevention of fraud through the Internet, CELLERS AVGVSTVS FORVM S.A. reserves the right to verify the personal data supplied by the client and to adopt the measures it deems appropriate (including cancellation of the order) in order to ensure that the purchased merchandise is delivered in accordance with the data that appear in the order.

The bank’s Virtual POS integrates the secure electronic commerce (CES) functionality, under the international protocols VISA Secure and Mastercard Identity Check, based on 3D Secure technology, during the authentication process of the buyer as a legitimate cardholder in order to provide the purchase process with high security and payment protection.
The establishment undertakes to comply with the obligation to inform card users that during the electronic payment operation, information will be collected regarding the connection and IP address, device information, email address, mobile phone, browsing data and transaction data, as well as other data accessible by virtue of the online connection and the channel required by the aforementioned security protocols; all this, with the aim of detecting and preventing unauthorized or fraudulent payment operations.

2.7.- RETURN POLICY

CELLERS AVGVSTVS FORVM S.A. will accept the return of an item, always within 7 business days of receiving it. CELLERS AVGVSTVS FORVM S.A. will make changes or returns as long as our customer service is notified by phone at 977 666 910 or by email at avgvstvs@avgvstvsforvm.com. This step is essential whatever the reason for the return, fulfilling the following requirements:

a. The bottles must remain unopened and intact.

b. They must retain their original appearance.

c. They must be returned in their original packaging.

d. After contacting us, send the package to: CELLERS AVGVSTVS FORVM S.A. Ctra. Sant Vicenç s/n. 43700 El Vendrell (Tarragona), Spain. Provided that all these requirements have been met, CELLERS AVGVSTVS FORVM S.A. will refund the full amount of the purchased items. The customer will be responsible for the return shipping costs. If the return cannot be accepted due to non-compliance with the conditions indicated above, CELLERS AVGVSTVS FORVM S.A. will contact the customer. In the event that CELLERS AVGVSTVS FORVM S.A. has mistakenly sent a product different from the one requested or the quantity is not correct, the customer will have to contact CELLERS AVGVSTVS FORVM S.A. for the return and/or exchange. In this case, the return of the product will be coordinated by CELLERS AVGVSTVS FORVM S.A. once the error or defect has been reported, so that CELLERS AVGVSTVS FORVM S.A. will assume the corresponding shipping costs (round trip).

CELLERS AVGVSTVS FORVM S.A. has Complaint Forms available to the consumer.

2.8.- RETURN POLICY FOR DEFECTIVE PRODUCTS

DEFECTIVE PRODUCT OF ORIGIN.

Once CELLERS AVGVSTVS FORVM S.A. receives the defective product, it will send another identical one. In this case, the exchange will always be made for the same item and reference. Only the first shipment will be invoiced, with CELLERS AVGVSTVS FORVM S.A. taking charge of the shipping costs corresponding to the return and new shipment. If you wish to exchange it for another item, the return and new shipment costs will not be assumed by CELLERS AVGVSTVS FORVM S.A.

PRODUCT DUE TO CUSTOMER ERROR.

If a product exchange is required due to a customer error when placing the order, CELLERS AVGVSTVS FORVM S.A. will request the shipment of the product(s) to CELLERS AVGVSTVS FORVM S.A., packaged in the same way as received, and the customer will be responsible for all transport costs, proceeding to the shipment of the new product(s).

IMPORTANT:

CELLERS AVGVSTVS FORVM S.A. will not refund the amount or resend any merchandise until the receipt and condition of the packaging and accessories of the item being returned or exchanged have been verified in our warehouses.

The price to be refunded is the one originally listed in the order.

3. APPLICABLE LEGISLATION AND JURISDICTION

CELLERS AVGVSTVS FORVM S.A. also reserves the right to bring any civil or criminal action it deems appropriate for the improper use of its website and content or for failure to comply with these conditions.

The relationship between the user and CELLERS AVGVSTVS FORVM S.A. shall be governed by current Spanish legislation and the jurisdictional bodies of the territory in which the user has his or her domicile shall be competent to decide on any dispute that may arise between the user and CELLERS AVGVSTVS FORVM S.A.

4. ARTICLE 14 – CONSERVATION AND ARCHIVING OF TRANSACTIONS

The archiving of transactions carried out is carried out on a reliable and durable medium on the CELLERS AVGVSTVS FORVM S.A. server.

5. COMPETENT JURISDICTION

These purchase conditions are subject to Spanish law and, therefore, sales operations will be deemed to have been carried out at the registered office of CELLERS AVGVSTVS FORVM S.A. In the event of a dispute between the parties to this contract, the competent jurisdiction will be the one corresponding in each case.

6. DATA SECURITY AND CONFIDENTIALITY

In accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data, CELLERS AVGVSTVS FORVM S.A. informs the users of its website that the personal data collected by the company through the forms located on its pages will be entered into a file under the responsibility of CELLERS AVGVSTVS FORVM S.A., in order to facilitate, expedite and fulfil the commitments established between both parties.

To purchase from avgvstvsforvm.com, all users must first register and acquire the status of Customer. The data provided will be stored in the database of CELLERS AVGVSTVS FORVM S.A., with registered office at Ctra. Sant Vicenç s/n. 43700 El Vendrell (Tarragona), Spain, with CIF number ES-A58542747, whose purpose is to process the Customer’s order and make future purchases easier and faster. By providing personal data, an account will be opened at avgvstvsforvm.com and, when the Customer makes a new purchase in the store, we will have this data. In addition, if we have the Customer’s consent, we will use this data to inform them via email and/or mail about new products, special offers and news related to the products offered on this website. CELLERS AVGVSTVS FORVM S.A. CELLERS AVGVSTVS FORVM S.A. guarantees that the data provided by customers will not be shared with third parties or companies. The data provided will be collected on the server of CELLERS AVGVSTVS FORVM S.A. using the SSL protocol and will be transmitted in encrypted form, guaranteeing their confidentiality. The server automatically recognises: the IP address, date and time of entry to the website, as well as the files that have been downloaded. The personal data received will be treated in accordance with the Organic Law of 13 December on the Protection of Personal Data and other concordant regulations in force in Spain.

Likewise, CELLERS AVGVSTVS FORVM S.A. informs you of the possibility of exercising your rights of access, cancellation, rectification and opposition by writing to the following address: Apartado de Correos 289, Carretera de Sant Vicenç s/n, El Vendrell (Tarragona) or by email to avgvstvs@avgvstvsforvm.com

If you do not tell us otherwise within 30 days, we will understand that your data has not been modified, that you agree to notify us of any changes and that we have your consent to use them in order to build loyalty in the relationship between the parties.

7. GENERAL CONTRACTING CONDITIONS

These General Contracting Conditions (hereinafter General Conditions) will regulate the commercial relationship that arises between CELLERS AVGVSTVS FORVM S.A. and the user or client for the contract made through the form that CELLERS AVGVSTVS FORVM S.A. makes available on its website www.avgvstvsforvm.com

Contracting through the CELLERS AVGVSTVS FORVM S.A. website will imply the express acceptance, by the client or user of the page, of these conditions, as well as the conditions of use established for the user’s navigation through the pages owned by CELLERS AVGVSTVS FORVM S.A. These conditions will be applicable without prejudice to the legal regulations on the matter that are applicable in each case.

These General Conditions are subject to the provisions of Law 7/1998, of April 13, on General Conditions of Contract, Law 26/1984, of July 19, General for the Defense of Consumers and Users, Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

CELLERS AVGVSTVS FORVM S.A. reserves the right to make any changes it deems appropriate, without prior notice, to the General Conditions. These modifications may be made through its website, by any means admissible by law and will be binding during the time they are published on the website and until they are validly modified by subsequent ones. However, CELLERS AVGVSTVS FORVM S.A. reserves the right to apply, in certain cases, Specific Contract Conditions with preference to these General Conditions when it considers it appropriate, announcing them in a timely and appropriate manner.

The user may place the order once registered as such on the website. The registered user has a personal area in the “log in” section, in which they can access the “View or modify your data” link and thus identify and rectify possible errors made when entering data.

All documentation sent to the client will be formalized in Spanish.