These General Terms and Conditions of Sale (hereinafter, the “GTC”) govern the purchase of products through the website WWW.VINSMIQUELGELABERT.COM in accordance with applicable Spanish and European legislation.

They have been drafted pursuant to Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE); Law 7/1998 of 13 April on General Contracting Conditions; Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users (TRLGDCU), as amended by Royal Decree-Law 7/2021 of 27 April transposing Directive (EU) 2019/771 and Directive (EU) 2019/2161 (Omnibus Directive); Regulation (EU) 2016/679 (GDPR); and Organic Law 3/2018 of 5 December (LOPDGDD).

I. Seller information

Company name: MIQUEL GELABERT, S.L.

Tax ID (CIF): B57245961

Registered office: C/ Salas, 50 – 07500 Manacor (Balearic Islands)

Customer service phone: 971 821 444

Email: info@vinsmiquelgelabert.com

Business activity: Wine distribution.

Commercial registry details: Balearic Islands Commercial Registry, Volume 2028, Folio 179, Sheet PM-45744.

II. Purpose

These GTC govern the contractual sale relationship between MIQUEL GELABERT, S.L. (seller) and the customer (buyer) arising through the website WWW.VINSMIQUELGELABERT.COM.

Placing an order through the website implies that the customer has read and fully accepted these GTC. The seller makes these terms available to the customer before the purchase process begins, in a way that allows them to be stored and reproduced.

III. Eligibility to purchase

To purchase products through the website, the user must be of legal age (18 years old) and have full legal capacity to enter into contracts. Given the nature of the products offered (alcoholic beverages), purchases by persons under the age of 18 are expressly prohibited.

IV. Ordering process

The purchase process consists of the following steps:

1. Product selection: the user selects the desired products and adds them to the shopping cart.
2. Order review: the system displays the selected products, quantities, unit prices, itemised VAT (where applicable), total price and, where relevant, shipping costs.
3. Registration or login: the user must create an account or log in using their credentials. Mandatory fields are marked with an asterisk.
4. Delivery and billing address: the user confirms or enters the delivery and billing details.
5. Payment method selection: the user chooses one of the accepted payment methods.
6. Order confirmation: the user reviews the full summary and confirms the purchase. At that moment, the sales contract is concluded.

Once the order has been confirmed, the system will send the user a confirmation email with the order summary, in accordance with Article 27 of the LSSI-CE. If the user does not receive this email within a reasonable time, they should contact info@vinsmiquelgelabert.com.

The seller reserves the right not to accept an order where justified circumstances apply (pricing errors, unexpected stock shortages, indications of fraud, etc.), informing the user as soon as possible and issuing a full refund of any amounts paid.

The contract is concluded in Spanish, which shall be the only language valid for interpretation purposes.

V. Products and prices

Products are offered with descriptions that are as accurate as possible regarding their main characteristics. Images are for illustrative purposes only.

Prices are shown in euros and include the applicable VAT in accordance with current legislation. Shipping costs, where not included in the price, are calculated and displayed separately during checkout before the order is confirmed.

The seller reserves the right to change prices at any time. Orders will be invoiced at the price in force at the time the order is confirmed.

Offers and promotions are clearly identified, indicating both the previous price and the promotional price, in accordance with Article 20 of the TRLGDCU and the applicable price indication rules.

In accordance with Regulation (EU) 2018/302 on unjustified geo-blocking, the seller does not apply different access conditions or prices based on the customer’s country of residence or nationality within the European Union.

VI. Payment methods

The seller accepts only the following payment methods:

• Credit card: Visa and Mastercard. Payment is processed through a secure payment gateway using SSL protocol. The seller does not store the user’s card details.
• Bank transfer: the customer must make the transfer to the account indicated below within a maximum period of 48 calendar hours from order confirmation. The order number must be included in the transfer reference.

The order will remain pending until the seller confirms receipt of payment. If the transfer is not received within 48 hours, the order will be automatically cancelled and the reserved units will be released.

For international payments made by bank transfer, all associated bank charges shall be borne by the customer.

VII. Shipping areas, delivery times and international terms

The seller ships to the following destinations:
• Mainland Spain and the Balearic Islands.
• Member States of the European Union.
• Other selected international destinations.

No shipments are made to destinations not included in the list above.

Estimated delivery times:
• Mainland Spain and the Balearic Islands: approximately 7 business days for products in stock.
• European Union: approximately 10–15 business days for products in stock.
• International shipments: approximately 10–30 business days, subject to availability and, where applicable, customs procedures.

If a product is out of stock, the seller will inform the customer as soon as possible, offering alternatives or a full refund of the amount paid.

The risk of loss of or damage to the goods passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods, in accordance with Article 66 ter of the TRLGDCU.

Conditions for international shipments:
• Orders may be subject to customs duties, taxes or additional charges in the destination country, which shall be borne by the customer.
• The customer is responsible for checking the regulations applicable in the destination country regarding the import of alcoholic beverages.
• The seller shall not be liable for delays caused by customs procedures, or for the retention, seizure or destruction of products due to non-compliance with the applicable rules in the destination country.
• If an international shipment is returned for reasons not attributable to the seller, the return shipping costs and any damage to the products shall be borne by the customer.

VIII. Validity of offers

Offers are duly identified on the website. Promotional products will remain available until any change occurs, of which the customer will be informed at least one week in advance.

IX. Right of withdrawal

In accordance with Articles 102 et seq. of the TRLGDCU, any customer acting as a consumer has the right to withdraw from the contract within 14 calendar days without giving any reason and without penalty.

The withdrawal period is calculated from the date on which the customer, or a third party designated by the customer, receives the goods.

In accordance with Article 103(m) of the TRLGDCU, sealed goods which are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery are excluded from the right of withdrawal. Accordingly, withdrawal shall not be accepted in relation to bottles that have been opened or whose seal has been broken.

To exercise the right of withdrawal in relation to products that remain sealed, the customer must notify the seller clearly and unequivocally before the expiry of the withdrawal period, using any of the following means:

• Phone: 971 821 444.
• Email: info@vinsmiquelgelabert.com, using the withdrawal form available for download on the website.
• Postal mail: MIQUEL GELABERT, S.L., C/ Salas, 50 – 07500 Manacor (Balearic Islands).

Where the right of withdrawal is validly exercised, the seller will reimburse the customer for all payments received, including standard delivery costs, within a maximum of 14 calendar days from the communication, once the returned products have been received and their condition verified.

The direct costs of returning the goods shall be borne entirely by the customer, including international transport costs and, where applicable, customs formalities for returns from outside Spain. The customer is responsible for ensuring that the products arrive in perfect condition and shall be liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Returned products must be in perfect condition, unopened, and with their original packaging and seal intact. Returns of products that do not meet these requirements will not be accepted.

For customers residing outside the European Union, the right of withdrawal under the terms of the TRLGDCU is not legally mandatory. However, the seller voluntarily applies the same policy, with the exception that all international return costs shall be borne by the customer.

X. Returns policy

As a general rule, the seller does not accept returns outside the cases legally required and described in this section and in Section IX above.

Returns or replacements will only be processed in the following cases:

• The product received has defects or damage attributable to the seller or to transport.
• The product received does not match the order placed (incorrect item reference or quantity).

In such cases, the customer must notify the seller within a maximum of 48 hours from receipt of the order, providing photographs of the product and the packaging showing the condition in which it was received, through any of the following channels:

• Phone: 971 821 444.
• Email: info@vinsmiquelgelabert.com.
• In person at the physical store: C/ Salas, 50 – 07500 Manacor (Balearic Islands).

Once the issue has been verified, the seller will, at its discretion, either resend the correct product or issue a full refund of the amount paid, including shipping costs. In these cases, return costs shall be borne by the seller.

Outside the cases above and the right of withdrawal set out in Section IX, returns will not be accepted for change of mind, customer error in product selection, or any other reason not attributable to the seller.

XI. Legal guarantee

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods, in accordance with Articles 114 et seq. of the TRLGDCU, as amended by Royal Decree-Law 7/2021. The legal guarantee period for movable goods is three (3) years from delivery.

In the event of a lack of conformity, the consumer may request repair or replacement of the goods, a price reduction, or termination of the contract, as applicable.

XII. Business-to-business contracts

Where the contracting party is acting in the course of a business, trade or profession, the provisions of the TRLGDCU shall not apply. The contractual relationship shall be governed by these GTC, the Spanish Civil Code, the Spanish Commercial Code and, where applicable, Law 7/1998 on General Contracting Conditions.

XIII. Evidence and formalisation of the contract

Contracts concluded electronically shall produce all effects provided for by law from the moment the parties give their consent, in accordance with Articles 23 and 24 of the LSSI-CE. The electronic record containing the contract shall have full validity as documentary evidence. The contract shall be deemed concluded at the seller’s registered office.

XIV. Amendments to the terms

The seller reserves the right to amend these GTC at any time by publishing the new version on the website. Such amendments shall not affect contracts already concluded. Customers are advised to review the GTC periodically.

XV. Liability

The seller shall not be liable for damages arising from lack of access to the website or internet connectivity problems where such circumstances are due to causes beyond its control or force majeure. The seller shall also not be liable for delays in performing its obligations where such delays are caused by unforeseen events or force majeure (Article 1,105 of the Spanish Civil Code). In such cases, the seller will inform the customer as soon as possible. If the force majeure situation continues for more than three months, either party may terminate the contract.

XVI. Intellectual and industrial property

The website WWW.VINSMIQUELGELABERT.COM, including its programming, design, logos, texts, graphics and other elements, is the property of MIQUEL GELABERT, S.L. and is protected by the applicable intellectual and industrial property legislation. The reproduction, distribution or public communication of any content without prior written authorisation is prohibited.

XVII. Protection of personal data

The personal data provided during the purchase process will be processed in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD). The data controller is MIQUEL GELABERT, S.L. (Tax ID B57245961). The data are processed for the purposes of managing the contractual relationship, handling orders, issuing invoices and complying with legal obligations, on the legal basis set out in Article 6(1)(b) GDPR.

For more information about the processing of personal data and the exercise of data subject rights, please consult the Privacy Policy available on the website or contact info@vinsmiquelgelabert.com.

XVIII. Online dispute resolution

In accordance with Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, consumers residing in the European Union may access the European Commission’s online dispute resolution platform at: https://ec.europa.eu/consumers/odr. The contact email address of MIQUEL GELABERT, S.L. for these purposes is info@vinsmiquelgelabert.com.

XIX. Applicable law and jurisdiction

These GTC are governed by Spanish law. For the resolution of any dispute arising from their interpretation or performance, the parties submit to the Courts of Palma de Mallorca, except where mandatory consumer protection rules provide for a different forum in favour of the consumer.

For consumer customers residing in other countries of the European Union, Regulation (EU) 1215/2012 (Brussels I Recast) on jurisdiction and Regulation (EC) 593/2008 (Rome I) on the law applicable to contractual obligations shall apply. In all cases, the consumer shall not be deprived of the protection afforded by the mandatory provisions of the law of their country of habitual residence.