Terms & Conditions
These terms and conditions govern the commercial relationship between the customers of Clandestina’s Online Store and CLANDESTINA, which may manage the acquisition process, invoicing, delivery, claims, and after-sales service through third-party service providers.
By finalizing a purchase, the customer declares having read these terms and conditions and accepts them.
1. PRELIMINARY INFORMATION
1.1. The commercial relationship is established between the buyer in Clandestina’s Online Store (hereinafter referred to as the “Customer”) and CLANDESTINA, which may manage the acquisition process, invoicing, delivery, claims, and after-sales service through third-party service providers.
The commercial relationship between the Customer and CLANDESTINA, including the purchase of any of the goods and products offered in the Store (hereinafter referred to as the “Products”), is regulated by these terms and conditions.
1.2. These terms and conditions will be in effect as long as they are available in the Store and can be updated by CLANDESTINA at any time by publishing them in the Store at the site https://clandestinagin.es/store/.
1.3. Any questions, suggestions, complaints, or claims regarding the online sale of the Products can be made through the Store’s Customer Service: info@clandestinagin.es
2. ACCESS AND USE OF THE STORE
2.1. To purchase Products in the Store, Customers must complete the corresponding electronic form available in the Store, following the instructions indicated and committing to providing accurate and true data for managing the purchase process and customer service as well as sending newsletters, loyalty programs, determining consumption preferences, or managing product availability alerts of interest.
2.2. Customers must always be of legal age. Thus, the Store reserves the right to refuse the purchase if it suspects it may have been made by a minor.
2.3. Using the Store, browsing it, and/or purchasing any Product implies the Customer’s acceptance of these terms and conditions in their entirety and without any reservations. If the Customer does not wish to accept all or some of the applicable Conditions, they can simply not access or use the Store.
2.4. The legal relationship derived from registering as a Customer of the Store is indefinite, without prejudice to the fact that both the Customer and CLANDESTINA may resolve or suspend it unilaterally at any time and without any cause other than their expressed will to the other party in this regard. This resolution or suspension will not affect any obligations derived from purchases or orders made previously.
3. INFORMATION AND AVAILABILITY OF PRODUCTS
3.1. The Products that can be purchased in the Store are those that, along with their essential characteristics and price, appear at any given time published in the Store. Before confirming the order, the shipping costs that apply according to these terms and conditions will also appear.
3.2. Promotions will be duly indicated as such.
3.3. All orders and purchases in the Store are subject to the actual availability of the Products at the time of purchase.
4. PRICES AND SHIPPING COSTS
4.1. The price of each Product will always be displayed in the applicable currency and will include, where appropriate, all corresponding taxes. If the Store identifies an error in the price of the Products, it will inform the Customer of this situation, and the Customer will have the option to confirm their order at the correct price or, failing that, cancel it at no cost.
4.2. The price of the Products does not include shipping costs, which will be borne by the Customer, unless expressly indicated otherwise. The Customer will be duly informed of the amount of these costs, which will be itemized prior to confirming the order and payment.
4.3. Shipping costs will depend on the purchased Product, the destination of the Products. (see in the section “SHIPPING COSTS”)
4.4. The prices and shipping costs listed in the Store are exclusively applicable to the Products offered through the Store and for as long as they remain published. The Store expressly reserves the right to modify prices at any time by publishing them in the Store itself. However, the rates in force at the time of making the order will be applied to each order.
5. PURCHASE PROCESS
5.1. To purchase Products, the Customer must select the desired Product and add it to the Shopping Cart, following the instructions provided in the Store.
5.2. Once the purchase is made, CLANDESTINA will send the Customer, to the email address provided by them, a confirmation of the purchase made, which will serve as proof of the transaction.
5.3. The Customer may request the corresponding invoice for their purchase through the email info@clandestinagin.es. The order confirmation and Purchase Receipt will not be valid as an invoice.
5.4. In accordance with these terms and conditions, the Store is restricted to adults, so before making any purchase in it, the Customer declares and states to be of legal age and also declares that they meet the minimum legal age for purchasing and consuming alcohol products in their location. It will be understood that if the Customer falsifies this statement and acquires any of these products without meeting this requirement, they assume all the legal consequences that may arise.
6. PAYMENT METHOD
6.1. The Customer must follow the instructions offered in the Store. The payment of the Products and the shipping costs can only be made by credit or debit cards or other forms of payment available in the Store at any given time.
In any case, the use of a specific payment method will be subject to checks and authorizations by the entities responsible for them, so if the corresponding entity does not authorize payment, the purchase process will end, and the order will be automatically canceled.
When payment is authorized, the charge for the price of the Products, their taxes, and the Shipping costs will be made at the time of formalizing the order.
6.2. For electronic payment purposes, the Store uses an e-commerce payment gateway. The data provided to the Store by the Customers for this purpose is encrypted to ensure maximum security during the payment process and is hosted on a secure server certified according to the “Secure Socket Layer” protocol. Customer data will not be stored through the payment gateway, and they will be kept only while the purchase is made, payment is made, and until the withdrawal period has elapsed.
7. SHIPPING AND DELIVERY OF PRODUCTS
7.1. The Store may offer Customers different types of shipping methods. The availability of different shipping methods will depend on various factors, such as the Store’s decision to offer a specific shipping method, the type of Product, and other factors. The Store does not guarantee the availability of different shipping methods at all times.
7.2. The Customer will select the preferred delivery method from those available if applicable.
7.3. During the purchase process, the Customer will be informed of the corresponding shipping costs for the chosen delivery method and the expected delivery time.
7.4. Home delivery address: The Products purchased in the Store will be sent to the postal address indicated by the Customer. The postal address cannot be a PO box or public places, such as the street, squares, stations, airports, or similar. Once the shipping and billing data are recorded, any changes to them must be made through info@clandestinagin.es. These changes may cause delays in delivery times. In such a case, claims for delivery times will not be accepted.
7.5. The delivery time for the Normal Shipping method will be between 1 and 3 business days in Spain.
7.6. These periods may vary depending on the unavailability of stock of items contained in the order, as well as specific dates of high activity, such as the Christmas campaign, not guaranteeing compliance with the published deadlines.
7.7. If delivery of the Product to the indicated address is rejected or not possible on the first attempt, a second attempt will be made on the same day or on subsequent days. If delivery is also not possible on this second attempt, the Product will be returned to the Store. Shipping and return costs will be borne by the Customer, and the price of the Products that could not be delivered will be refunded using the same payment method the Customer used for the initial purchase.
7.8. The Purchase Receipt will be sent along with the Product or Products.
7.9. If the Store does not comply with its delivery obligation within the established deadlines, or within a specifically agreed time with the Store, the Customer will request the Store to make the delivery within an additional period appropriate to the circumstances of the case. If the Store does not make the delivery within this additional period, the Customer will have the right to terminate the contract. In case of termination of the contract, the Store will return the amounts paid by the Customer as soon as possible.
7.10. The shipment of any durable products will be accompanied by the corresponding warranty, which will express: (i) the product to which it refers; (ii) the name and address of the grantor of the warranty (which will normally be the manufacturer of the product); (iii) that the warranty does not affect the legal rights of the customer for defects or non-conformity of the product; (iv) its duration; (v) the claim channels to enforce it; and (if applicable) the additional rights to the legal ones granted to the customer.
NOTE: The days referred to in the delivery deadlines always count as working days, not counting weekends or holidays. Orders verified after 13:00h will be considered recorded the next day, as they cannot be prepared on the same day.
7.11. It is essential that any anomalies are indicated on the delivery note upon receipt of the product.
8. WITHDRAWAL
Customers who purchase Products through the Store may cancel the purchase without needing to justify their decision by withdrawing from the contract.
The return of the Product can be made through the Store, info@clandestinagin.es, the Customer Service, where the steps to follow will be indicated.
The maximum period the Customer has to send their communication is 14 calendar days from the date they received the Products.
The Customer must return the purchased Products in perfect condition (not damaged, dirty, or opened), properly protected, and in their original packaging. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer damage during transport.
Once the returned Products are received by the Store and after verifying their good condition, the corresponding amount for the returned units will be refunded using the same payment method the Customer used for the initial purchase.
The maximum period the Customer has to send their communication is 14 calendar days from the date they received the Products.
The return costs that may be charged to the Customer will amount to the equivalent of the ordinary mail transport rate corresponding to the shipment. However, depending on the nature of each Product, this may be different.
The Store reserves the right to pass on the costs incurred if the Product is not in perfect condition.
Withdrawal will not proceed when, due to the nature of the purchased Products, it is impossible to carry it out, without prejudice to the corresponding claim for damages and losses incurred, including, in particular: (i) Products made according to the consumer’s instructions or specifications or that have been personalized for them; (ii) Products that have expired within the withdrawal period; (iii) Products that are not in perfect condition.
9. GENERAL WARRANTY
For the application of the warranty provided for in the Consolidated Text of the General Law for the Defense of Consumers and Users, and without prejudice to the Store’s ability to verify defects, their origin, and the time of their appearance, the Customer must request the collection of the defective Product within a maximum period of two months from the detection of the defect, informing the Store in writing of the nature of the problem, the time, and the conditions of its appearance. Except for perishable products, in which case this period is reduced to one month.
10. QUALITY WARRANTIES OF PRODUCTS
All products in the store indicate the preferred consumption date and the necessary conditions for proper preservation, so we recommend you observe these recommendations.
All Products have undergone a careful quality control and are marketed according to the standards approved by the brand. Opinions on the salting point or curing point of the product, as well as aesthetic considerations of the piece, will not be considered product defects.
If the Customer believes that a Product is not in adequate consumption conditions, they should contact the Customer Service as soon as possible, through info@clandestinagin.es, to communicate the nature of the problem, the time, and the conditions of its appearance.
If the claim proceeds, the return of the Product can be made through the Store, info@clandestinagin.es, at the Customer Service, where the steps to follow will be indicated.
For the application of the quality warranty, and without prejudice to the Store’s ability to verify defects, their origin, and the time of their appearance, the Customer must request the collection of the defective Product within a maximum period of one month from the receipt of the Iberian Product or immediately after detecting the defect.
If the Store verifies that, indeed, the Product was not in good condition and this was not attributable to the Customer (particularly due to inadequate storage conditions), the Store will be responsible for replacing it, at no cost to the Customer.
If the Store verifies that the defect on which the claim is based is attributable to the Customer or that it is in good condition, the Product will be returned to the Customer, who must bear the costs of collection, return, and reshipment.
11. PERSONAL DATA
With a firm commitment to respect the rights of individuals and compliance with data protection regulations, and in accordance with the General Data Protection Regulation 2016/679, of the European Parliament and of the Council, of April 27, 2016, CLANDESTINA makes available to Users its Privacy Policy, which aims to inform how CLANDESTINA collects, processes, and protects the personal data of individuals who access or use its services.
12. GENERALITIES
CLANDESTINA makes these terms and conditions available in advance, in accordance with the applicable legislation, so that they can be consulted, stored, and reproduced.
In the event that any provision of these Conditions is declared null or inapplicable, in whole or in part, by any competent Court, Tribunal, or administrative body, such nullity or inapplicability will not affect the remaining provisions. In that case, the clause or clauses affected will be replaced by another or others that have the most similar effects to those replaced.
13. APPLICABLE CALENDAR
In the Store, all deadlines and references to business days or working days will be made with reference to the National Labor Calendar of Spain.
14. APPLICABLE LEGISLATION
The customer can access the European Union online dispute resolution platform by following this link.
The parties submit, at their choice, for the resolution of conflicts and with the waiver of any other jurisdiction, to the courts and tribunals of the user’s domicile.
These Conditions have been drafted in accordance with Law 34/2002, on services of the information society and electronic commerce, and Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws according to the latest revision.
15. SHIPPING COSTS
We offer shipping of your purchase within 2 to 3 business days throughout the national territory for standard transport (except Canary Islands, Balearic Islands, Ceuta, and Melilla).
Our product stands out for its quality. To guarantee this and maintain the necessary conservation conditions, during the summer period (from June to September), both inclusive, orders verified after 12:00 PM on Thursday will not be prepared until the following Monday to ensure the quality of the products during transportation.
The customer can have free shipping from a certain purchase value, and to the destination of the same, always associated with the standard shipping service:
For national purchases over 90 €: The shipping service is free under standard transport conditions. For national purchases with an order amount less than 90 €: Standard transport is borne by the user and is calculated from a table with variables of weight and destination of the shipment.
- For local shipments (Seville capital and province) up to 2 kg (one bottle) €5.32, up to 4 kg (two bottles) €5.60.
- For shipments to the provinces of Cádiz and Huelva (Seville province), up to 2 kg (one bottle) €5.78, up to 4 kg (two bottles) €6.23.
- For mainland shipments up to 2 kg (one bottle) €6.32, up to 4 kg (two bottles) €6.88.
16. SERVICE FEATURES
These terms may vary depending on the availability of stock of items contained in the order, as well as specific dates of high activity such as the Christmas campaign, not guaranteeing the fulfillment of the published deadlines. Under no circumstances will the amount paid for urgent shipping (or normal for orders under 90€) be refunded for a delay in those orders made during the Christmas period, between December 1 and January 6.
Due to warehouse operations related to order preparation, all purchases made after 1:00 PM will suffer an additional day increase in their delivery time. On dates of high activity such as the Christmas campaign, these preparation times may be affected due to the high volume of orders.
Deliveries will be made on business days (excluding Saturdays), and the terms shown are business days and not calendar days.
VAT at 21% is not included in the offer price.
Customs clearances will be borne by the recipient at the time of purchase in the online store, never at the destination.