Terms of use

1.- Purpose and generalities

These General Terms and Conditions of Contract (hereinafter, the “General Conditions””), together with any specific conditions that may be established, regulate the conditions for purchasing products through the website www.consuladooscuro.org (hereinafter, the “Website” or the “Portal”), owned by CONSULADO OSCURO, SL (hereinafter “THE OWNER”), with CIF B13958004 , registered in the Mercantile Registry of Madrid, T45530 , F 12, S 8, HM 800773, I/A 1 (17.07.23), whose registered office is located at Calle C. Madroñera 5 28290, Las Matas (Madrid).

Use of the Website's services, as well as the purchase of any of the products offered, implies the User's acceptance, without reservation, of each and every one of these General Terms and Conditions. Registration on the Portal and use of the services means that your data as a User will be included in the files of THE OWNER, and its processing will be in accordance with the provisions of the Privacy Policy, which the User expressly declares to know and accept.

The OWNER provides information about products and offers the possibility of purchasing them through the Website. Those wishing to purchase products must be registered as either a "Registered User" or a "Guest User," which is obtained by completing the respective registration form prior to the purchase process and following the steps subsequently communicated by the OWNER through the Website.

These General Terms and Conditions, together with the Legal Notice and the Privacy Policy The terms and conditions of the Website are the only conditions applicable to the use of the Portal and the purchase of products through it, and supersede any other conditions, unless otherwise agreed in writing between the OWNER and the User. Consequently, any User who accesses the Website, registers, and purchases products through the Portal agrees to be bound by these General Terms and Conditions. Legal Notice and the Privacy Policy as written at the time of access to the Website.

By placing an order through this website and accepting these terms and conditions, you confirm that you have the legal drinking age in your country of origin and residence

2.- Product Information

The photographs, graphic representations and videos relating to the Products of THE OWNER, as well as trade names, trademarks or distinctive signs of any kind contained on the Website, are intended to provide the most information, however, the User must take into account that they are not exhaustive.

The Owner reserves the right to decide, at any time, which products are offered to Users through the Portal. Therefore, the Owner may add new products to those included on the Portal at any time, it being understood, unless otherwise stated, that such new products will be governed by the General Terms and Conditions in force at that time.

Likewise, THE OWNER reserves the right to discontinue providing access, at any time and without prior notice, to any of the products offered on the Portal.

Partial cancellation of the order does not entitle the user to cancel the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these General Conditions.

3. Product purchasing system

To purchase a product, the registered or guest user, who must be over eighteen (18) years of age, must select the desired product and add it to the Shopping Cart. Once the selection of products to be purchased is complete, the user must click the “Next” icon. The selected products will then be displayed, and the user must choose between having the products delivered to the address entered in their registration details (choosing from any of the addresses listed in their registration data) or picking up the order at one of the EL TITULAR retail locations available on the screen. Finally, the user must click the “Buy” icon.”

The username, email address, and password provided to the OWNER are identifying and enabling elements for accessing and making purchases and are personal and non-transferable. The username, password, and email address may be modified, in which case the modified password, username, and/or email address will become invalid.

Once the purchase process is complete, the OWNER will send an order confirmation email to the email address provided by the User. This order confirmation is not a valid invoice, but only a purchase receipt. The OWNER will send the User the corresponding invoice within thirty (30) days of the purchase.

This merchant agrees not to permit any transaction that is illegal or that is considered by the credit card brands or the acquiring bank to be potentially damaging to their goodwill or to negatively impact them. The following activities are prohibited under the card brand programs: the sale or offering of any product or service that does not fully comply with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: «Sale of alcoholic beverages to persons under 18 years of age.”.

4. Product Prices

The prices of the products offered through the Website include all applicable taxes. Shipping costs, which are the responsibility of the buyer, will be detailed and itemized in the "Shopping Cart" section of the Website.

The owner reserves the right to modify the prices shown on the website at any time. Products will be billed at the price in effect shown on the website at the time the order is placed.

5. Payment for the products

Payment for the price of the goods purchased and the shipping costs, which will appear on the screen, can be made by credit or debit card, through the PayPal system, bank transfer and Amazon Pay or through other payment systems indicated at any given time on the Website.

To proceed with payment, the User must follow the instructions that appear on the screen depending on the chosen payment system.

As an electronic payment system, the OWNER is affiliated with the e-commerce payment gateway. All data provided for this purpose is encrypted using the SSL (Secure Socket Layers) protocol to ensure maximum security.

The User must notify THE OWNER, via oficina@consuladooscuro.org, of any improper or fraudulent charges on the account provided for purchases on the Website, as soon as possible, so that THE OWNER can take the actions he deems appropriate.

6.- Delivery of the products

The OWNER undertakes to deliver the products purchased by the User in the purchase process in the shortest possible time, and according to the delivery zones detailed on our transport page which you can consult by clicking here. Delivery will be made to the address indicated for this purpose in the product registration process or you can collect it at one of the OWNER's points of sale available in the screen selection.

The OWNER will not be responsible for errors or damages caused in the delivery when the delivery address provided by the User does not match the delivery location desired by the User.

7.- Product Returns

(i) Right of withdrawal

The User will have a maximum period of fourteen (14) calendar days from the delivery of the product to withdraw, totally or partially, from the purchase of the product, in accordance with the applicable legislation.

Once the fourteen (14) calendar day period has ended, THE OWNER will not accept returns due to withdrawal from product purchases.

If you wish to cancel a purchase, you must contact the OWNER by sending an email to oficina@consuladooscuro.org. You may also use the available cancellation form template. here

In any case, if you decide to cancel the purchase, the following requirements must be met:

1) The product must be in the same condition as when it was delivered and must retain its original labeling.

2) The return to THE OWNER must be made using the same box or envelope used in the delivery or, failing that, in some similar format that guarantees the return of the products in perfect condition.

3) A copy of the purchase receipt and the delivery note for the products must be included inside the package, indicating the returned products and the reason for the return.

Order returns must be sent to the address of THE OWNER, C. Madroñera 5, 28290, Las Matas (Madrid). The User will bear the return shipping costs in the event of exercising the right of withdrawal.

(ii) Return of defective products

Without prejudice to any other rights that may apply, the User shall be entitled to a refund of the price of defective products or products delivered that do not correspond to the order placed by the User. Alternatively, the User shall be entitled to request, and receive, an identical product in perfect condition.

In cases of return to THE OWNER of defective products or products that do not correspond to your order, this must be carried out by the User through the procedure established in section (i) above, although the User, in this case, will not have to face the costs of returning said products.

Provided that the User has followed the procedure established in section (i) above and the requirements established in this section have been met, THE OWNER will refund the price paid corresponding to the returned products that are defective or do not correspond to the product order made by the User, in accordance with the provisions of section (iii) below.

In the event of a defective product, the seller must, as appropriate, repair, replace, reduce the price, or terminate the contract, all of which will be free of charge for the consumer. The seller is liable for any lack of conformity that becomes apparent within two years of delivery. The consumer must inform the seller of the lack of conformity within two months of becoming aware of it.

(iii) Refund of the price of the products to the User

Provided the User has followed the procedure established in this section and the requirements set forth therein have been met, the OWNER will refund the price paid by the User for the returned products. If the return is made in exercise of the User's right of withdrawal described in section (i), the OWNER will not pay or cover the return shipping costs.

The User will not be entitled to a refund of the price of returned products that are not in the same condition as when they were delivered, or if the requirements established in these General Conditions have not been met.

Partial returns of an order will result in a refund of the price corresponding to the product or products actually returned.

The OWNER will process the refund using the same payment method used by the User to purchase the products, within fourteen (14) days of receiving the returned order and once the OWNER has verified that the returned products meet the requirements set forth in sections (i) and (ii) above. The time it takes for the refund to appear in the User's account will depend on the bank.

8.- Modification of the General Conditions

The OWNER reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as these General Terms and Conditions. Users will always have access to these General Terms and Conditions in a visible location, freely accessible for any inquiries they may wish to make. Users agree to carefully read these General Terms and Conditions each time they access the Website's store. In any case, acceptance of these General Terms and Conditions is a prior and essential step to purchasing any product available through the Website.

9.- Communications between THE OWNER and the User

All communications between THE OWNER and the User relating to these General Conditions or to the acquisition of products through the Website, will be made in writing and in accordance with the communication procedures established in these General Conditions for each particular case.

For all other cases not expressly regulated in these General Conditions, the communications that the User intends to send to THE OWNER shall be sent to THE OWNER's address indicated in Condition One and shall be made in writing and through a system that allows proof of the content and receipt by THE OWNER of the corresponding communication.

10.-Integrity of the General Conditions

These General Terms and Conditions, the Privacy Policy and Legal Notice constitute the express and sole will of THE OWNER and the User in relation to its subject matter and invalidate and replace any other agreements or contracts, oral or written, reached by the parties previously.

11.- Partial nullity

Should any clause of these General Terms and Conditions be declared invalid, it shall be removed or replaced. In any case, such a declaration of invalidity shall not affect the validity of the remaining provisions of these General Terms and Conditions.

12. Applicable Law and Jurisdiction

These General Terms and Conditions are governed by and construed in accordance with Spanish law.

In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes with us, accessible via the following internet address: https://ec.europa.eu/consumers/odr/

The parties submit, at their option, for the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the user's domicile.

When a vintage of wine runs out, it will be replaced by the next vintage supplied by the winery.