1. Purpose and parties
These General Terms of Use and Contracting (hereinafter, the “General Terms”) govern access to, browsing and use of the website www.wineup.info (hereinafter, the “Website” or “Portal”), and, where applicable, the contracting of proprietary services offered through it.
Owner of the Website: Wine Up Consulting, S.L., tax ID (CIF) B13645908, registered office at Calle Churruca, 5 — 13700 Tomelloso (Ciudad Real), Spain. Contact email: hola@wineup.es.
Access to and use of the Website confers the status of user (hereinafter, the “User”) and implies full and unreserved acceptance of all these General Terms, in the version published at the time of access. Careful reading before using the Portal is recommended.
The User declares that they are at least eighteen (18) years of age. Access to the Website by minors is expressly prohibited.
2. Nature of the website — wine information marketplace platform
www.wineup.info is a wine information and marketplace platform that connects users with wineries, producers and third-party sellers. Wine Up Consulting, S.L. does not act as a direct seller of wines or other wine-related products. Commercial transactions for third-party products take place exclusively between the User and the relevant producer or seller.
Wine Up Consulting, S.L. assumes no liability whatsoever for:
- Terms of sale, prices, availability, delivery or quality of products offered by third parties through the Portal.
- The accuracy, truthfulness or currency of technical, organoleptic or commercial data published about wines by wineries or third parties.
- Actual market availability of wines referenced on the Portal.
The Website also serves a documentary and historical reference function: it collects information on wines tasted since 2008, in order to offer professionals and enthusiasts an evolving picture of wines, wineries and production areas. Data published for historical purposes is indicative and may not reflect the current characteristics of a wine or its presence on the market.
Without prejudice to the foregoing, Wine Up Consulting, S.L. also directly offers certain proprietary services such as training, consultancy and tasting events (hereinafter, the “Proprietary Services”), whose contracting is governed specifically by the conditions set out in the following sections.
3. Information on proprietary services
Website content —descriptions, images, graphics and other informational material— relating to Wine Up Consulting, S.L.’s Proprietary Services is indicative in nature.
Wine Up Consulting, S.L. reserves the right to modify at any time the range of services available on the Portal, and may add, withdraw or change services without prior notice.
If, due to force majeure, a service cannot be provided after contracting has been formalised, Wine Up Consulting, S.L. will inform the User by email as soon as possible, offering an alternative date or, if that is not possible, a refund of the amount paid.
4. Process for contracting proprietary services
To contract Proprietary Services through the Website, the User must select the desired service, complete the process indicated on the Portal and confirm the request. Wine Up Consulting, S.L. will send the User, within a maximum of twenty-four (24) hours, an acknowledgement of receipt of the request to the email address provided. That acknowledgement constitutes proof of receipt only, not an invoice.
The date, place and specific terms for performance of the service will be agreed subsequently between Wine Up Consulting, S.L. and the User, by email or telephone.
Access credentials (username, email and password) provided by the User are personal and non-transferable. The User is responsible for their confidentiality and for any use made of them.
5. Prices of proprietary services
Prices for Proprietary Services published on the Website include applicable taxes unless expressly stated otherwise. The final price may depend on location, number of attendees and particular conditions of each service, which will be specified before final confirmation.
Wine Up Consulting, S.L. reserves the right to change prices at any time. The service will be invoiced at the price in force on the Website at the time the order is formalised.
6. Payment methods
Payment for Proprietary Services may be made by bank transfer, Bizum or PayPal. The full amount may be paid at the time of contracting or in part, with the remaining balance to be settled before the service begins.
All payment data submitted through the Website is transmitted using SSL (Secure Socket Layer) encryption to maximise security.
If any improper or fraudulent charge is detected, the User must notify Wine Up Consulting, S.L. as soon as possible via hola@wineup.es so that appropriate steps can be taken.
7. Performance of the contracted service
Wine Up Consulting, S.L. will agree with the User the date, location and conditions for performance of the service as soon as possible, taking account of the User’s requirements.
Wine Up Consulting, S.L.’s Proprietary Services are provided in Spanish unless expressly agreed otherwise.
For tasting services that include wines supplied by Wine Up Consulting, S.L., the company is not liable for the condition of wines proposed prior to delivery; however, if any organoleptic defect is found at the time of the tasting, it will replace the wine with one of similar characteristics.
8. Right of withdrawal and cancellation
The User has a period of fourteen (14) calendar days from contracting the service to exercise the right of withdrawal, provided the performance date is after that period. After that period, Wine Up Consulting, S.L. will consider individually whether an alternative date can be offered; a refund will not apply except in cases of duly accredited force majeure.
To exercise the right of withdrawal, the User must notify by email to hola@wineup.es, stating the service contracted and the date of the request.
In accordance with Article 103(l) of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users, digital tasting courses or courses with a specifically scheduled execution date are excluded from the right of withdrawal once performance has begun, or on the terms provided by that legislation.
9. Changes to the general terms
Wine Up Consulting, S.L. reserves the right to modify these General Terms at any time and without prior notice. The current version will always be available on the Website in a visible and accessible manner. Continued use of the Portal after publication of any modification will constitute acceptance of the new terms.
10. Communications
Communications between Wine Up Consulting, S.L. and the User relating to these General Terms or to the contracting of services will preferably be in writing, by email or any other means that allows the content and receipt to be recorded.
Communications to Wine Up Consulting, S.L. should be sent to: hola@wineup.es or to the registered office stated in clause 1.
11. Entire agreement
These General Terms, together with the Legal Notice and the Privacy Policy of the Website, constitute the entire agreement between Wine Up Consulting, S.L. and the User in relation to their subject matter, and supersede any prior agreement or arrangement, verbal or written, unless expressly agreed otherwise in writing between the parties.
12. Partial invalidity
If any clause of these General Terms is declared null or ineffective by a final court or administrative decision, that clause will be removed or replaced without affecting the validity and effectiveness of the remaining provisions.
13. Applicable law and jurisdiction
These General Terms are governed by and interpreted in accordance with Spanish law, in particular Royal Legislative Decree 1/2007 (revised text of the General Law for the Defence of Consumers and Users), Law 34/2002 on Information Society Services and Electronic Commerce, and other applicable legislation.
For the resolution of any dispute arising from these General Terms, the parties, expressly waiving any other jurisdiction that may apply, submit to the courts and tribunals of Tomelloso (Ciudad Real). For users domiciled outside Spain, consumer protection law of the user’s country of residence will apply where required by applicable EU law.
