Rambla del Garraf 48-60, Local 6 A CC Valenti Village – 08812 Sant Pere de Ribes, Barcelona (Spain)

BARCELONA BRANDS, S.L.

[email protected]

B66235797

www.holacava.com

1.PARTIES AND ACCEPTANCE OF THE GENERAL PURCHASING CONDITIONS

On one hand, the supplier of the products, (hereinafter also referred to as the provider or BARCELONA BRANDS, S.L.), with registered office at Rambla del Garraf 48-60, Local 6 A – 08812 Sant Pere de Ribes, Barcelona (Spain), VAT number B66235797 and contact email [email protected], as the owner of the website www.holacava.com, presents the contractual document that will govern the purchase of products through the aforementioned website.

And on the other hand, the User – Customer (hereinafter the User).

BOTH PARTIES ACCEPT this document, which implies that the user:

  1. Has read, understands, and comprehends the provisions herein.
  2. Is a legal adult with sufficient capacity to contract.
  3. Assumes all obligations stated herein.
  4. Has read and accepted these general purchasing conditions from the moment they acquire any offered product.

This document can be printed and stored by Users.

The provider makes available the email address: [email protected] for Users to raise any questions regarding these conditions.

These conditions will have an indefinite validity period and will apply to all contracts made through the provider’s website.

The provider reserves the right to unilaterally modify these general purchasing conditions, without affecting the goods or promotions that were previously acquired before the modification, in order to improve the offered products. In any case, these general terms and conditions should be consulted before purchasing the products.

It is advisable to keep a copy of the data contained in the purchased products.

BARCELONA BRANDS, S.L. is not responsible for the consequences that may result from the improper use of the products/services for sale on the website.

The civil liability of BARCELONA BRANDS, S.L. for the supplied products is limited to their purchase amount. The user waives any claims against the provider for any reason in the event of dissatisfaction with the products purchased on the website www.holacava.com, as well as possible faults, slow access, or errors in accessing the website, including data loss or any other type of information that may exist on the user’s computer or network accessing the website.

BARCELONA BRANDS, S.L. engages in the remote sale of alcoholic and dealcoholized beverages, including but not limited to wine, cava, and other spirits.

  1. OBJECT OF THE CONTRACT

2.1 Scope of Application:

This contract aims to regulate the contractual relationship of sale arising between the provider and the user at the moment the latter accepts these General Purchasing Conditions (also CPC) during the online contracting process by checking the corresponding box. These GPC shall apply from the day the order is placed. The contractual relationship of sale entails the right to receive, in exchange for a publicly stated price through the website, the purchased product(s).

2.2 Territory of Application:

The online store www.holacava.com only ships to: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, and Portugal.

2.3 Capacity to Contract:

To place an order, the User must be of legal age and have the capacity to contract in accordance with the regulations of the User’s country.

2.4 Customer Acceptance:

Order validation through the website www.holacava.com is done via email and also implies automatic acceptance of the GPC. These conditions are available on the website www.holacava.com or, if requested, can be provided via email.

2.5 Modification of the General Purchase Conditions:

BARCELONA BRANDS, S.L. reserves the right to make changes and/or modifications to these GPC. We advise our customers to review them regularly. If any changes or modifications are made after an order has been placed, the conditions in effect at the time the order was placed will apply.

  1. INFORMATION PROVIDED ON THIS WEBSITE

3.1 Mispublication of Prices:

If, exceptionally, the prices of the products displayed on our website are specified incorrectly and show a lower price than intended, and if the User has already confirmed the order, we will promptly contact to issue a new order confirmation with the correct price. In the event that the correct price is higher, the User may cancel the order and we will refund any amount already paid.

3.2 Product Information:

The information provided in our advertising, on our website, or by our agents or employees constitutes an invitation for the User to make a purchase. This information does not constitute a contract or proof of purchase.

The contents of www.holacava.com are constantly being renewed and updated to provide our customers with the most comprehensive and detailed information possible. Due to this, it is possible that the contents may occasionally display provisional information about some products. If the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel their purchase at no cost.

All contractual information presented on the website is displayed in English and Dutch, and communication with customers and users, as well as the formalization of the contract, will be conducted in English and Dutch.

3.3 Right of Cancellation:

BARCELONA BRANDS, S.L. reserves the right to cancel the shipment of a specific product that does not meet the quality requirements imposed on all products of www.holacava.com. If such a lack of quality is detected, BARCELONA BRANDS, S.L.’s Customer Service will suggest a replacement product, and if the replacement is not satisfactory to the customer, a refund for the cost of the product will be provided.

3.4 Fraud:

If BARCELONA BRANDS, S.L. suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

  1. PURCHASING PROCEDURE

Users can access the purchase of products through the website without the need to register. Nevertheless, if there is any type of error in the buyer’s data or any other point of the order, it must be reported immediately to the email address [email protected] for correction.

For any questions, the User can contact our Customer Service through any of the methods provided on the website www.holacava.com.

BARCELONA BRANDS, S.L. will provide Customer Service free of charge through the contact email [email protected]. If the User chooses an alternative communication method, will be responsible for the particular cost.

  1. PRICES AND VALIDITY PERIODS OF OFFERS

All prices displayed on the www.holacava.com store include the applicable VAT at the time of purchase. All prices listed on the website are valid unless there is a typographical error or the product is out of stock and in any case will be expressed in Euro (€). These expenses, unless expressly stated otherwise, do not include shipping costs, shipping insurance, or any other additional services and attachments to the purchased product(s).

Payment made to the provider will result in the issuance of a purchase receipt. If the User requires an invoice in the name of the registered user of the purchase, is possible to request it at [email protected].

The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the final phase. The customer acknowledges that, in any case, the economic valuation of some products may vary over time. In any case, this will always be communicated in advance to the users.

In cases of limited-time promotions, the promotion discount will be applied only if the order is registered during the promotion period. The data recorded by different payment methods constitute proof of the date on which the financial transactions were made and will be used to determine whether the order is subject to the promotion. For any information regarding the order, the User may contact the provider’s customer service email.

  1. PAYMENT METHODS

Below, we detail the systems currently available on this website:

6.1 Payment by credit or debit card:

The user must have a valid credit or debit card and must specify all the digits of the card number in the corresponding form. The transaction is formalized at the time of placing the order. Only payments with secure cards are accepted, where the identity as the cardholder is authenticated according to the method established by the bank, through secure electronic commerce (such as “Verified by Visa” and “MasterCard SecureCode”). The cards and payment methods specified on the same website in the purchase section are accepted. The order will not be considered and will not be processed until the payment has been authorized by the bank or savings bank. The SSL (Secure Sockets Layer) system is used, a payment system in a secure environment that allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

6.2 PayPal:

Once the purchase is completed, if this payment method is chosen, the User will be redirected to the official PayPal website in order to make the payment. Once the payment is made correctly, the order will be finalized, and an email with the summary of the purchase will be sent. By clicking the “Return to the website” button, the User will return to the website to view the order and print it. PayPal has its own privacy policies, and BARCELONA BRANDS, S.L. has no responsibility for them.

  1. RIGHT OF WITHDRAWAL AND RETURNS

7.1 Right of withdrawal:

The User has 30 calendar days, counted from the date of receipt of the product, to request its return (art. 71 Law 3/2014, of March 27), exercising their right of withdrawal. The user may exercise this right if not satisfied with the product or any of the products in the order.

To do so, the User must write to [email protected] and send us the attached form to these GPC (APPENDIX), indicating the order number, along with the User’s contact details and the rest of the requested information.

The products must be returned unopened, remaining in their original packaging.

We will refund the amount involved, and the cost of the return shipment via UPS will be at our expense. If the User chooses to return the parcel via another carrier, the costs will be at the own User’s expense.

Please contact customer service in advance if there is an interest to return a product. We prefer the User to send us a message via [email protected] or contact our customer service at +34 931 191 244 (Monday to Friday between 08:00 and 16:00h). We kindly ask to always mention the order number. The order number is provided in the confirmation email of the order. If these conditions are met, we will refund the order.

Please remember that, in any case, the email must include:

The provided return number.

Order number.

Purchase date and date of exercising the right of withdrawal.

Optional information of interest:

Reasons for the return.

Any additional information considered necessary or pertinent for the User, to process the return.

7.2 Return due to an error in the order by BARCELONA BRANDS, S.L.:

If the product does not match the order due to an error attributable to the company, the user must communicate this via email to the company as soon as possible.

7.3 The right of withdrawal cannot be applied in the following cases:

According to Law 3/2014, of March 27, the right of withdrawal does not apply in the following cases:

Products that, once unsealed, are not suitable for return for reasons of health protection.

The provision of services, once the service has been fully executed, when the execution has begun with the prior express consent of the consumer and user and acknowledgment on their part that they are aware that, once the contract has been fully executed by the entrepreneur, they will have lost their right of withdrawal.

The supply of goods made to the consumer’s specifications or clearly personalized.

The supply of goods that may deteriorate or expire rapidly.

The supply of goods that, after delivery and taking into account their nature, have been mixed inseparably with other goods.

  1. REFUNDS

8.1 Refund for return:

For any return case (whether due to exercising the right of withdrawal or not), the refund of amounts paid will be made through the same payment method used in the purchase. The refund will be made without undue delay and, in any case, no later than 14 calendar days from the verification that the right to it exists.

  1. NULLITY AND INEFFECTIVENESS OF CLAUSES

If any clause included in these General Purchasing Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part thereof that is null or ineffective, with the General Conditions of Contracting remaining in force in all other respects, with such provision, or the part thereof affected, being deemed not to have been included.

  1. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law insofar as it is not expressly established otherwise. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the Courts and Tribunals of the seller’s domicile (if the buyer is not a consumer) or the buyer/user’s domicile (if the latter is a consumer), in accordance with Article 90 of RD 1/2007 and Article 54.1 of the Civil Procedure Law.

  1. COMMENTS AND SUGGESTIONS

Comments and suggestions are welcome. We kindly ask you to send us such comments and suggestions to [email protected] or through our contact form. Additionally, we have official complaint forms available for consumers and users. You can request them by email at [email protected].

 

 

APPENDIX:

 

FORM FOR EXERCISING YOUR RIGHT OF WITHDRAWAL

 

Attention:

Name: BARCELONA BRANDS, S.L.

Tax Identification Number: B66235797

Address: Rbla. De Garraf 48-60 Local 6A CC Valentí Village, 08812, Sant Pere de Ribes

Email: [email protected]

Details of the purchase/service to withdraw: ____________________________

Order/invoice number: ______________________________________________

Order/invoice date: ________________________________________________

Date of receipt of the product/s: _________________________________

Description of the product/s: _______________________________________

 

Consumer/user details:

Name: __________________________________________

Tax Identification Number (NIF): ____________________________

Address: __________________________________________

City: _____________________________________________

Phone: ___________________________________________

Email: ___________________________________________

 

Right of withdrawal:

In accordance with Article 68 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, I hereby inform you that I am exercising my right to withdraw from the purchase contract of the aforementioned goods, therefore, I would appreciate it if you could contact me using the provided contact information to notify me that this request has been processed.

 

Date of request:

Consumer/user signature: