Terms & General Conditions
By accepting these General Conditions, the User states:
- 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 the event that it is arranged to contract a product and / or service, it has 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 Portal, since it and these General Conditions may be modified.
The owner of the Portal reserves the right to carry out, 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 Portal. The modification of these General Conditions will not affect the goods or promotions that had been acquired prior to said modification.
In the event that ANTIGVA® 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 any time that which appears in the database of the trusted third party.
1. General information of the Portal
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 of the Portal is provided below:
Owner: EFFE Enterprises Co S.L., who is also the owner of the registered trademark: ANTIGVA Compañía Agroalimentaria Española del Mediterráneo® (hereinafter, “ANTIGVA”)..
Registered office: c/ Pepe Martínez Mollá, 2, Local 3 – 48600 XÀTIVA (Valencia) ESPAÑA.
C.I.F.: ES B79442208
Phone: +34 961 489 330
Registry data: Registro Mercantil de Valencia. Tomo 8797, Folio 14, Hoja V-125897.
2.1. Portal access
Simple access to the Portal is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
2.2. Need for registration
The use of certain services and content may be subject to the User’s prior registration.
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 arise from its improper use, as well as from the transfer, disclosure or loss of it. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered User will be deemed to have been made by said Registered User, who will be liable in all cases for said access and use.
2.3. Rules of use of the Portal
The User undertakes to use the Portal and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions. Likewise, it is obliged to make proper use of the services and / or contents of the Portal and not to use them to carry out illicit or criminal activities, that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property, or any other rules of the applicable legal system.
The User undertakes 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 way limiting or excluding, the User agrees to:
- – Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defense of terrorism or that violate human rights.
- – Not to introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
- – Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
- – Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
- – Not transmit unsolicited or authorized advertising, publicity 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.
- – Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
- – Not to impersonate other Users using their registration keys to the different services and / or contents of the Portal.
- – Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portal or third parties.
- – Not to 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 undertakes to hold ANTIGVA harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User’s breach of any of the aforementioned rules of use, reserving, in addition, ANTIGVA, the Right to request compensation for damages that corresponds.
At times, ANTIGVA will provide the User through its communications, such as periodic newsletters, 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 Portal. Consequently, the User must treat ANTIGVA’s communications confidentially and refrain from forwarding them to third parties, in order to avoid unauthorized access to the private information on their account.
2.4. Liability exclusion
The User’s access to the Portal does not imply for ANTIGVA 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.
ANTIGVA 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 Portal.
ANTIGVA is not responsible for damages or losses of any kind caused to the User that cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during the provision of this or previously.
2.5. Contents and services linked through the Portal
The Portal access service may include technical link devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, “linked sites”). In these cases, ANTIGVA 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 site linked to illegal or inappropriate content, they may notify ANTIGVA, without in any case 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 ANTIGVA with the statements, content or services provided.
ANTIGVA does not know the contents and services of the linked sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the linked sites or by any other damage that is not directly attributable to ANTIGVA.
2.6. Intellectual and industrial property
All the contents of the Portal, understood by them, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are intellectual property ANTIGVA or third parties, without any of the exploitation rights recognized by the current regulations on intellectual property over them being understood to be assigned to the User.
Trademarks, trade names or distinctive signs are owned by ANTIGVA or third parties, without it being understood that access to the Portal attributes any rights over them.
In any case, the User knows and accepts that the ratings and comments made on the products available through the Portal may be accessible to the rest of the Portal Users, including the identity of their author.
Regarding all the comments freely hosted by the User on the Portal, whether or not they include an opinion or description of the products offered (hereinafter, the “contents”), the User grants ANTIGVA a non-exclusive, worldwide use license, free of charge. and with the maximum duration legally established. On the basis of said license, ANTIGVA 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 ANTIGVA and advertise its products and services.
3. Contractual conditions
3.1. User registration
The use of the services provided by ANTIGVA implies the need to register the User in the Portal, including the full name and email address. 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 at any time access their personal account, where they can modify their personal data, as well as check the data related to their orders.
3.2. Shipment conditions
ANTIGVA only sends its products to: Peninsular Spain, Balearic Islands, Canary Islands and the rest of the countries of the European Union. It will not be possible to carry out the purchase process through the Portal to destinations other than those indicated. ANTIGVA does not ship products to the autonomous cities of Ceuta and Melilla.
The purchase of products on the Portal is subject to the payment of shipping costs, at the buyer’s expense.
The shipping costs will depend on the destination and the weight of the shipment, and in any case, will be detailed throughout the purchase process. The buyer will have the possibility to review these costs before finalizing their purchase. ANTIGVA cannot be held responsible for delays in the delivery of orders for reasons not directly attributable to ANTIGVA, acts of God or force majeure.
Shipping costs include, in addition to the transport of the products, their packaging in boxes specially designed to transport bottles, insurance against loss or breakage, as well as VAT.
The delivery of the orders will be made at the delivery address freely designated by the User. ANTIGVA 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 ANTIGVA’s control, such as the absence of the recipient at the delivery address.
In the absence of the recipient and whenever possible, the transport agency will notify the user of the incident, with the necessary information to arrange a new delivery at the recipient’s address or the necessary instructions for the recipient to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without the order having been delivered, it will be returned to origin proceeding to terminate the contract.
3.3. Club service
Users who benefit from the Club service have the right to enjoy:
- Free shipping costs on all your orders to Peninsular Spain. In the case of the islands, shipping costs are free from € 100 purchase.
- Offers reserved for Club members such as Limited Series and other exclusive promotions.
- Discounts associated with the orders made with your purchase.
Users subscribe to the Club service through the commitment of permanence assuming scheduled shipments in the course of a calendar year. The subscription begins on the day of confirmation of the purchase and is valid until December 31 of the year of the same. The renewal of the service is automatic, unless the user cancels it 15 days in advance. The renewal will be carried out by charging the account for the next scheduled shipment, with the payment method indicated and authorized by the user at the time of initial registration. In case of failure of the payment, ANTIGVA is authorized to make the payment through any other payment method saved by the user.
3.4. Sponsor a friend
In the event that the User of the ANTIGVA website provides data from third parties through the “Sponsor a friend” functionality, they are expressly stating that they have the express consent of this third party for the transfer of their data to ANTIGVA for the sole purpose to send the information that the User believes may be of interest to this third party, ANTIGVA not being responsible for sending said information to the third party in question.
The User undertakes to hold ANTIGVA 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 request the consent of the third party to receive this type of information.
The “Sponsor a friend” functionality allows the User to receive bonuses, as well as discounts or other promotional offers, each 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 different shipping address than the shipping or billing addresses usually used by the User who has sponsored will be considered valid.
The gift vouchers obtained as a result of the use of this functionality are only redeemable for purchases made on the Portal and their use may be subject to certain conditions that will be communicated to the User at the time the gift voucher is generated.
In the event that ANTIGVA 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.
3.5. 100% Satisfaction Guarantee
The products marketed through this website have the satisfaction guarantee offered by ANTIGVA as well as the guarantee of the wines made by third parties using its Wine DSGn Thinking® method. In those incidents that justify the use of the guarantee, the option will be to repair, replace the item, discount or return, in the legally established terms. Royal Legislative Decree 1/2007 of November 16 grants durable goods 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, ANTIGVA offers an additional guarantee to the User called “100% Satisfaction Guarantee”, based on which, the User has the possibility of returning the different units purchased of a product if, when testing a product unit, it does not satisfy them.
The User has a period of 14 calendar days from the receipt of the products to request the return of the products, by sending an email to firstname.lastname@example.org, and specifying as subject “100% satisfaction guarantee”. The User must state the order number and the products he wants to return.
The User must return the rest of the product units that have not been tasted in perfect condition (not damaged, dirty or opened by the User), properly protected and, ideally, in their original packaging. After checking by ANTIGVA that the products are in good condition, 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 transport costs of the return, which will be borne by the User.
3.6. Gift Cards Conditions
Gift Cards allow the amount to be exchanged when making a purchase of products through the Portal. Users may obtain a Gift Card by purchasing it through the Portal and for the amounts predefined by ANTIGVA. 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.
Gift Cards may be exchanged by anyone who enters the code associated with them in the Portal, so we advise treating them confidentially and not providing the codes to third parties other than their beneficiaries. ANTIGVA 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 cannot be exchanged for money. In any case, the Gift Cards purchased may be subject to the right of withdrawal by the buyer User.
Products purchased by redeeming 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.
3.7. Selection of products by the User
Any registered User may contract the purchase of products through the Portal. The purchase process in ANTIGVA is based on a virtual basket, to which the User can add the products they wish to purchase. The User can access and modify the content of the basket at any time.
3.8. Order processing
Once the products you wish to purchase are in the shopping cart, the User may start the order processing. The User must ensure that the products listed in his basket are the ones he wishes to purchase, and that the shipping address is correct. At this point the total price of the selected products and the shipping costs generated are shown. The User may view, where appropriate, the promotions automatically applied to their order, use the promotional codes and / or gift vouchers available to them. The User may include the useful information that he considers necessary for the messenger, although ANTIGVA cannot guarantee compliance.
In the next phase of the purchase process, the User must select the payment method. At this time, the User is indicated again the exact amount to pay, resulting from adding the price of the products and shipping costs, net of any promotional discount and / or gift voucher. 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.
3.9. Product prices
The prices of the products are those indicated in the description that is attached to them. All prices indicated in the product description are expressed in Euro (€) and include Value Added Tax (V.A.T.).
3.10. Way to pay
The purchase of products through the ANTIGVA website allows the following forms of payment:
- Payment by debit or credit card (VISA, MASTERCARD) through a virtual POS.
- Payment by Paypal.
To use the credit card through a virtual POS, the buyer must fill in a form indicating the name of the owner of the card, type of card, expiration date of the card and security code. ANTIGVA does not have access to the bank details linked to the means of payment and does not know or record these data during the payment transaction.
3.11. 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, contract date, 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 ANTIGVA or to any third party designated for registration and version control, if applicable.
3.12. Right of withdrawal
In any case, the buyer will have a period of two weeks (14 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 may not be exercised on bottles that have been opened, for example, due to the rapid deterioration of the content in such cases.
The buyer must state their intention to withdraw within the indicated period and must proceed to return the product. Likewise, the User will send an email to the address email@example.com including his name and address, as well as the number of his order. You can also contact by phone in order to speed up the process of refunding the corresponding amounts.
ANTIGVA will reimburse the sums paid by the User without withholding expenses. However, the cost of returning the product will be borne by the User.
Upon receipt of the products on which the withdrawal falls and their correct condition verified, ANTIGVA will return the amounts paid to the User within a maximum period of 10 calendar days. Products that do not keep their original packaging may suffer a depreciation.
4. Subscription Contract Conditions
The Subscription Contract Conditions regulate the relationship between the User and ANTIGVA when registering for the subscription service (the “Subscription”). These conditions are in addition to the general Contract Conditions described above.
4.1. Register as a member of the ANTIGVA Wine Thinking Club®
To register for the Wine Thinking Club® subscription service and participate in the Wine DSGn Thinking® methodology, contributing to the design, development and elaboration of a new wine in a rigorous limited series, the User must have previously registered on the Portal and have paid the initial service fee. The initial fee corresponds to the payment of the first box that is sent to the Club members in the first quarter of each calendar year. If at the time of subscription the Club members have already received this box and any of the following programmed boxes, the new member will receive all these boxes in the same shipment, placing their status as a Club member at the same level of wines received as the rest of members. By registering as a member, the User authorizes ANTIGVA to collect the successive Fees of the Subscription on the same bank card.
4.2. Club Subscription Cancellation
The Subscriber can cancel his subscription at any time from his personal space by directly contacting our Customer Service. Cancellations requested 15 days before the next scheduled shipment will be effective in the current month, and the box for that month will not be shipped. Cancellations requested after this indicated period of time will be effective from the next scheduled shipment and the Subscriber will agree to receive the box for the current month, as well as the corresponding payment. ANTIGVA reserves the right to cancel a User’s Subscription at any time, notifying the User by email.
5. Nullity and inneffectiveness 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, the present General Conditions subsisting in everything else, such provision being considered totally or partially as not included.
6. Applicable legislation and competent jurisdiction
In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an extrajudicial resolution of disputes in consumer matters accessible through the Internet address https://ec.europa.eu/consumers/odr/.
In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an extrajudicial resolution of disputes in consumer matters accessible through the Internet address
Last Update: January 25, 2021