Terms and Conditions
Domain name: www.andobase.com
Trade name: ANDOBASE®
Corporate name: EUROBAIL SPAIN, S.L
By accepting these General Conditions, the User declares:
That you have read and understood what is stated here.
That he is of legal age in accordance with the regulations in force in his place of residence, otherwise the minor must have the authorization of his legal representatives.
That, in case you are about to contract a product and / or service, you have sufficient capacity for it.
That it assumes all the obligations set forth herein.
The User must carefully read these General Conditions each time they access the Website, since it and these General Conditions may be modified.
The owner of the Website 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 Website.
The modification of these General Conditions will not affect the goods or promotions that have been acquired prior to said modification.
In the event that ANDOBASE® entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties recognize as the only valid version of said conditions at all times that which is recorded in the database of the trusted third party.
1. General information of the Website
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 general information on the Website is provided below:
Owner: EUROBAIL SPAIN, S.L. (hereinafter “ANDOBASE®”).
Registered office: Avda / Montecarmelo, 5-21, 28049 Madrid (SPAIN)
C.I.F .: B-87389037
Telephone: +34 91 729 65 64
Registry data: Madrid Commercial Registry. Volume 33,879, Folio 185, Section GNE, Sheet M ‑ 609693, Entry 1.
2. Conditions of Use
2.1. Access to the Website
Simple access to the Website 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 content may be subject to the prior registration of the user.
The data entered by the User must be exact, current and truthful. The Registered User will be responsible at all times for the custody of their password, assuming consequently any damages that may derive from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and / or the use of services and content made under the password of a Registered User shall be deemed to have been made by said Registered User, who will respond in any case to such access and use.
2.3. Website use rules
The User agrees to use the Website and all its content and services in accordance with the provisions of law, morality, public order and these General Conditions. Likewise, it is obliged to make appropriate use of the services and / or contents of the Website and not to use them to carry out illicit activities or activities that constitute a crime, that violate the rights of third parties and / or that infringe the regulations on intellectual and industrial property, or any other norms of the applicable legal order.
The User agrees 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, morality, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User agrees to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in support of terrorism or that violate human rights.
II.- Do not introduce or spread on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its providers or third-party Internet users.
III.- Do not spread, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public liberties recognized constitutionally and in international treaties.
IV.- Do not spread, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V.- Do not transmit unsolicited or unauthorized 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 Website.
VIII.- Do not spread, transmit or make available to third parties any type of information, element or content that constitutes a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.
IX.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on personal data.
The User agrees to hold ANDOBASE® harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User's failure to comply with any of the aforementioned rules of use, also reserving ANDOBASE® the right to request the corresponding compensation for damages.
Occasionally, ANDOBASE® will provide the User through their communications, such as periodic bulletins, a link that will allow them to access their 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 Website. Consequently, the User must treat ANDOBASE® communications confidentially and refrain from forwarding them to third parties, in order to avoid unauthorized access to the private information in their account.
User access to the Website does not imply for ANDOBASE® the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
ANDOBASE® is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered on the Website.
ANDOBASE® is not responsible for the damages or losses of any kind produced in the User that bring about failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Website service during the provision of the same or with character previous.
2.5. Contents and services linked through the Website
The access service to the Website may include technical linking devices, directories and even search instruments that allow the User to access other pages and Internet Portals (hereinafter “Linked Sites”). In these cases, ANDOBASE® will only be responsible for the content 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 / she may communicate it to ANDOBASE®, without this communication entailing the obligation to remove the corresponding link.
In no case, the existence of Linked Sites should presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of ANDOBASE® with the manifestations, content or services provided.
ANDOBASE® is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage that is not directly attributable to ANDOBASE®.
2.6. Intellectual and industrial property
All the contents of the Website, understanding by them, by way of example only, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as their graphic design and source codes, are the property Intellectual property of ANDOBASE ® or third parties, without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to be assigned to the User.
The trademarks, trade names or distinctive signs are the property of ANDOBASE ® or third parties, without it being understood that access to the Website 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 Website may be accessible to the rest of the Users of the Website, including the identity of its author.
On all the comments freely hosted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter, “the Contents”), the User grants ANDOBASE ® a non-exclusive use license, free of charge. global territoriality and with the maximum duration legally established. On the basis of said license, ANDOBASE ® 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 ANDOBASE ® and advertise its products and services.
3. Contracting Conditions
3.1. User Registration
The use of the services provided by ANDOBASE ® implies the need to register the User on the Website.
The User must register, indicating their full name, email address and being able to indicate the email of a sponsoring User. 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 web, they can access "My Account" at any time. Through "My Account" the User can modify their personal data as well as the data related to the shipment of orders, check if they have orders pending delivery.
In the "My Account" section, the User can view the gift vouchers available to them, download the invoices of the orders, control which Friends of the User have registered with ANDOBASE ® on the recommendation of the latter in the "My sponsored" section and the possibility of canceling the account at any time indicating a reason why you want to cancel it.
3.2. Send conditions
ANDOBASE ® only ships its products to: Mainland Spain, the Balearic Islands, Germany, Austria, Belgium, France, the Netherlands, Greece, Italy, Luxembourg, Poland and Portugal. For Switzerland, check with us via email: email@example.com. It will not be possible to carry out the purchase process through the Website to destinations other than those indicated. ANDOBASE ® does not ship products to the autonomous cities of Ceuta / Melilla, and the Canary Islands.
The purchase of products on the Website is subject to the payment of shipping costs, at the buyer's expense.
The shipping costs will depend on the destination and the number of products purchased according to the indicative table 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. ANDOBASE ® cannot be held responsible for the delay in the delivery of orders for causes not directly attributable to ANDOBASE ®, acts of God or force majeure.
(1) The number of bottles in each range is indicated in the number of 75cl bottles. In case of formats larger than 75cl format. The number of 75cl bottles will be determined. equivalents to determine the applicable range (for example: a 1.5L Magnum bottle equals 2 75cl bottles.).
(2) The indicated terms are understood from the business day following the order confirmation. In the case of Private Sales, the indicated terms may be extended up to 4-5 working days depending on the receipt of the merchandise by the supplier.
The shipping costs mentioned above include, in addition to transporting the products, their packaging in boxes specially designed to transport bottles or food products, insurance against loss or breakage, as well as the VAT corresponding to each product.
The delivery of orders will be made at the delivery address freely designated by the User. ANDOBASE ® 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 ANDOBASE's fault. ® such as the absence of the recipient at the delivery address.
In the absence of the recipient and whenever possible, a passing note will be left with the information necessary to arrange a new delivery to the recipient's address or the necessary instructions for the recipient to pick up the product at a certain location. In any case, 7 days after the last delivery attempt without the order being delivered, it will be returned to origin and the contract will be terminated.
3.3. Delivery options
For shipments to Spain (except the Canary Islands, Ceuta and Melilla), ANDOBASE ® offers different delivery options designed to facilitate delivery. The contracting of these delivery options implies the payment of an additional delivery cost at the time of finalizing the order. The availability of these options depends on the delivery postal code.
3.4. Premium service
Users who benefit from the Premium service have the right to enjoy:
Free shipping on purchases over € 150 on all orders to Spain, except the Canary Islands, Ceuta and Melilla.
Free in the extra cost for delivery in strip in 24 hours (service "Paack 24h in strip"). This gratuity does not apply to the surcharge for same-day delivery ("Paack same-day" service).
Offers reserved for Premium users such as Secret Sales and other exclusive promotions.
Pre-opening in all Private Sales. This means that Premium users will be able to access said Private Sales before other users, generally at least 24 hours in advance.
Priority access to our Personal Sommelier service. This means that our sommelier will give priority to requests from Premium users.
Users subscribe to the Premium service by paying a fixed fee of € 25 with VAT, adding the product "Premium Service" to the shopping cart like any other product. The subscription begins on the day of purchase confirmation and is valid for 1 year from that moment. The renewal of the service is annual and automatic, unless the user cancels the automatic renewal from the Premium Service tab within his personal space "My account". The renewal will be carried out by charging the annual fee in force on the anniversary date, with the payment method indicated and authorized by the user at the time of the initial subscription. In the event of payment failure, ANDOBASE ® is authorized to test the payment using any other payment method saved by the user as a "1-click payment" method on his account.
ANDOBASE ® offers users who have never enjoyed the Premium service to date, the possibility of trying the service completely free of charge for 30 days. During this period, the user can cancel the test at any time from the Premium Service tab in their personal My Account space. At the end of the trial period, the user will be registered to the Premium service automatically by charging the annual fee.
ANDOBASE ® may terminate the subscription to a user's Premium service at any time. Said expiration will be previously notified by email to the user. If so, ANDOBASE ® would issue a pro-rated refund of the subscription fee based on the time remaining to complete the current subscription.
The user may unsubscribe from the Premium service at any time before they have made any purchase of products and ANDOBASE ® will fully refund their subscription fee.
3.5. Sponsor a friend
In the event that the ANDOBASE ® web user provides data from third parties through the "Sponsor a friend" functionality, he is expressly stating by checking the box "I manifest that I have the express consent of the person to whom it is will send the email ”, which has the express consent of this third party for the transfer of their data to ANDOBASE ® with the sole purpose of sending the information that the User believes may be of interest to this third party, ANDOBASE ® not being responsible for sending said information to the third party in question.
The User agrees to hold ANDOBASE ® harmless against any possible claim, fine, penalty or sanction that it may be required to bear as a consequence of the User's failure to comply with the request for the consent of the third party to receive this type of information.
The "Sponsor a friend" functionality allows the User to win gift vouchers. The User will get a gift voucher every time a person they have invited registers for the first time and places a first order. Only orders that have not been returned or canceled and that have a shipping address different from the shipping or billing addresses commonly used by the User who has sponsored will be considered valid.
Gift vouchers obtained as a result of the use of this functionality are only redeemable in purchases made on the Website and their use may be subject to certain conditions that will be communicated to the User at the time of generating the gift voucher.
In the event that ANDOBASE ® detects an improper use of the "Sponsor 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 account of the User who has carried out the improper or fraudulent use.
3.6. 100% Satisfaction Guarantee
Products marketed through this website have the guarantees offered by their producers. In those incidents that justify the use of the guarantee, the repair, replacement of the article, reduction or return will be chosen, in the legally established terms. Royal Legislative Decree 1/2007 of November 16 gives goods of a durable nature a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
Furthermore, ANDOBASE ® offers an additional guarantee to the User called “100% Satisfaction Guarantee”, on the basis of which, the User has the possibility of returning the different units purchased of a product if by testing a product unit it does not satisfy him.
The User has a period of 30 calendar days from receipt of the products to request the return of the products, sending an email to firstname.lastname@example.org, and specifying "100% Satisfaction Guarantee" as the subject. The User must state the order number and the products he wants to return.
The User must return the rest of the units of the product that have not been tasted in perfect condition (not damaged, soiled or opened by the User), correctly protected and, ideally, in their original packaging. After ANDOBASE ® verifies the good condition of the products, the amount corresponding to the units returned will be reimbursed within a maximum period of 10 calendar days using the same means of payment that the User used for the initial purchase. This guarantee does not extend to the transportation costs of the return, which will be borne by the User.
3.7. Best price guarantee
ANDOBASE ® offers the User the "Best Price Guarantee" for the products in the "Private Sales" section. The products of the other sections of the website will be excluded from this guarantee.
ANDOBASE ® guarantees the User that the products contained in the "Private Sales" section are at the best available price. In the event that the User finds the same product at a unit price lower than that paid in ANDOBASE ®, he may request that the difference be reimbursed. The unit price used for the comparison will be the result of adding to the price of a product unit the applicable taxes and the proportional part of the shipping costs, applied pro rata among the set of products purchased.
This guarantee will lose its validity once seven (7) days have elapsed from the date of purchase of the product in question at ANDOBASE ®, in any case it must be products with identical characteristics, offered by an authorized distributor and available or in stock (not exhausted ).
To proceed to request the refund of the difference, the User must provide ANDOBASE®, by sending an email to the address email@example.com, the URL of the product offered at a lower price and the screenshots where You can check the price of the product and the shipping costs applied to a purchase with similar characteristics. This guarantee does not allow the physical return of the product, outside the cases provided for in these conditions and in the law.
3.8. Gift Card Conditions
Gift Cards allow you to redeem your amount when purchasing products through the Website.
Users will be able to get a Gift Card through their purchase through the Website and for the amounts predefined by ANDOBASE®. Each Gift Card includes a unique promotional code that the User must apply throughout the processing of their order to benefit from the corresponding discount on their purchase.
The Gift Cards may be exchanged by anyone who enters the code associated with them on the Website, so we advise treating them confidentially and not providing the codes to third parties other than their beneficiaries. ANDOBASE® does not assume any responsibility for the misuse of the Gift Card derived from an action or omission of the User.
Gift Cards do not expire and will not be redeemable for money. In any case, the purchased Gift Cards may be subject to the right of withdrawal by the purchasing User, as described in section 3.14.
The products acquired through the exchange of a Gift Card will also be subject to the rights described in these conditions, such as, by way of non-limiting example, the rights of withdrawal and warranty.
3.9. Selection of products by the User
Any Registered User may contract the purchase of products through the Website.
The ANDOBASE® purchase process is based on a virtual basket, to which the User can add the products they wish to purchase.
To add products to the shopping cart, once the User is on the product description page and selected the available customization options, they must select the option "Add to cart" provided.
At all times the User can access and modify the contents of the basket.
3.10. Processing the order
Once the products they wish to purchase are found in the shopping basket, the User may initiate the processing of the order, selecting the "View basket" option, an option that will show the User the contents 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 the ones they wish to purchase and select from the geographic 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 may view, where appropriate, the promotions automatically applied to his order, use the promotional codes and / or the gift vouchers available to him.
By pressing "NEXT", the User accesses a panel where he must indicate the shipping information; To continue with the contracting process, the User must fill in the shipping information, including his full name, telephone 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 courier, although ANDOBASE® cannot guarantee compliance.
If the User wants the billing address to be different from the shipping address, they 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, especially indicated 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 again informed of 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 has been 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.
3.11. Price of the products
The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in the Euro currency (€) and include Value Added Tax (I.V.A.).
3.12. Way to pay
The purchase of products through the ANDOBASE® Gateway allows the following forms of payment:
Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS (BANKIA).
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.
ANDOBASE® does not have access to the bank data linked to the means of payment and does not know or record this data during the payment operation.
3.13. Confirmation of receipt of acceptance
Once the purchase process is completed, 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 ANDOBASE® or to any third party designated for the registration and version control, if applicable.
3.14. Right of withdrawal.
The buyer will have in any case a period of five (5) calendar days after receiving the Product to exercise their right of withdrawal without having to justify reasons or have any sanction.
In accordance with article 102.d) of Royal Legislative Decree 1/2007, of November 16, which approves the revised 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 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 his intention to withdraw within the indicated period and must return the product. You can also use the model withdrawal form that is available here. Likewise, the User may send an email to the address firstname.lastname@example.org including his name and address, as well as the number of his order. You can also contact by phone in order to streamline the process of returning the corresponding amounts.
ANDOBASE® will reimburse the amounts paid by the User without withholding expenses. However, the cost of returning the product will be borne by the User.
Received the products on which the withdrawal falls and verified their correct condition, ANDOBASE® will return to the User the amounts paid within a maximum period of 10 calendar days. Products that do not retain their original packaging may suffer depreciation.
4. Subscription Contracting Conditions
The Subscription Contract Conditions regulate the relationship between the User and ANDOBASE® upon registering for the subscription service (the "Subscription"). These conditions are additional to the general Contract Conditions described above.
4.1. The subscription
The Subscription service consists of home delivery, each month, of a box of 2 bottles of wine pre-selected by ANDOBASE® (the “Club Andobase”).
The monthly subscription fee is € 24.95 with VAT and shipping included (the "Fee"). The service is only available in mainland Spain and the Balearic Islands (except Ceuta, Melilla and the Canary Islands).
4.2. Registration as Subscriber
To register for the Subscription service and become a "Subscriber", the User must have previously registered on the Website and paid the initial Fee for the service. The initial Fee corresponds to the payment of the first box. It is done from the "Club Andobase" section, by clicking on the "Subscribe" button that will add the first box to the shopping cart and then successfully complete the corresponding payment, entering the details of your bank card on the page of our virtual POS (number card, expiration date and security number).
By registering as a Subscriber, the User authorizes ANDOBASE® to collect monthly successive Subscription Fees on the same bank card.
4.3. Subscription Cancellation
The Subscriber can cancel their subscription at any time by sending an email to the address email@example.com.
The cancellations requested before the 5th of the month will be effective in the current month, and the box will not be sent that month. Withdrawals requested from the 5th of the month will be effective from the following month and the Subscriber agrees to receive the current month's box as well as the corresponding payment.
ANDOBASE® reserves the right to cancel a User's Subscription at any time, communicating it to the User by email.
4.4. Purchases and monthly payments
Each month, ANDOBASE® will send Subscribers an email newsletter presenting the box of the month. The Subscriber will have until the 5th of each month to choose to skip the cash of the month. The option to skip the box of the month will be available in the "Club Andobase" section.
As of day 5, unless otherwise indicated by the Subscriber, ANDOBASE ® will proceed to collect the monthly Fee and then send the box of the month.
Payments of monthly installments will be made on the bank card indicated by the Subscriber at the time of their subscription through the one-click “Click to Pay” purchase process from our payment provider BANKIA, S.A. The data of the bank card will be stored on the BANKIA, S.A bank's secure payment platform and will not be stored at any time by ANDOBASE®.
The shipment is made according to the conditions indicated in 3.2. Send conditions.
Shipping is only available to the addresses of mainland Spain and the Balearic Islands (except Ceuta, Melilla and the Canary Islands).
The delivery period of 3-4 business days must be understood to count from the checkout of our warehouse, which will take place no later than the 25th of each month.
5. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting these General Conditions in everything else , considering such provision wholly or partially as not included.
6. Applicable law and competent jurisdiction
In accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request with us an out-of-court resolution of consumer disputes accessible through the Internet address http://ec.europa.eu / consumers / odr /.
These General Conditions will be governed and interpreted in accordance with Spanish legislation. ANDOBASE® and the User agree to submit any controversy that may arise from the provision of the products or services object of these General Conditions, to the Courts and Tribunals corresponding to the User's address.
Revised version on May 05, 2020