Purchase conditions

General remarks and acceptance of the general conditions for using the portal

Portal owner

LICORES BAINES S.L, with registered office at Navarre, Polígono Agustinos c/A S/N 31013 with VAT number B31101314, entered in the Companies Registry of Navarre, Vol. 229, Sheet 81, Page NA-4.936 is the owner of the portal www.pacharan.com (hereinafter, the Portal and/or the Store) and makes the portal available to Internet users, for the purpose of providing information about the products and offers of Licores Baines S.L, and allowing consumers to purchase products marketed by Licores Baines S.L through the Portal.

General conditions of use and acceptance thereof

These General Conditions governing the Use of the Portal, along with the General Contractual Conditions and/or any specific conditions that could be established in the future, have the mission of regulating the availability of the information and commercial relations established between Licores Baines S.L and the Portal users. All those visiting the Portal and/or using the services included in the Baines S.L Spirits Store are assigned the status of User. Such visits and/or the purchase of any of the products in the Store as a User entails the unconditional acceptance of each of these General Conditions of Use, the General Contractual Conditions applicable to the purchase of goods or provision of services and, as may apply, the Specific Conditions governing the purchase of other products or the provision of other services.

Licores Baines S.L may change these General Conditions at any time without notice, in addition to the General Contractual Conditions set out in Heading III below, and/or the specific conditions included, if any, by posting such changes in the Store for the purpose of making them known to Users in all cases before visiting the Store or purchasing any goods on sale in the Store.

General conditions for using the portal

These General Conditions shall apply to both the promotional activity and information supplied through the Portal and/or the provision of the services offered through the Portal. They shall remain in effect at all times, during visits to the Store and for the purchase of goods and/or the provision of services within the scope of the Portal, although the latter activities shall be subject to these General Conditions of Use and any applicable General Contractual Conditions and Specific Conditions that might exist.

Intellectual and industrial property. Prohibition on hyperlinks

All the contents shown in the Store and in particular, the designs, texts, graphic elements, logos, icons, buttons, software, commercial names, trademarks, industrial drawings or any other signs used for industrial and commercial purposes are subject to intellectual and industrial property rights held by Licores Baines S.L or third parties owning the same, who have authorised their inclusion in the On-Line System.

In no case shall it be held that a licence has been granted or a waiver, transfer, total or partial assignment or those rights or any right or expected right has been made, and in particular the alteration, operating, copying, distributing or public communication of such contents without the prior express permission of Licores Baines, S.L. or the respective owners.

No link shall be set up with the Store from any other website without the previous express consent of Licores Baines S.L.

Liability of Licores Baines S.L.

Licores Baines S.L shall only be liable for damages caused to Users as a consequence of using the Store if such damages result from wilful actions on the part of the company. Users acknowledge and accept that using the Store and purchasing the products on sale there is carried out at their own risk.

Licores Baines S.L. shall not be liable for any harm caused by any of the following acts, which are given merely as examples, without limitation: (i) inference, omissions, interruptions, computer viruses, failures and/or disconnections in the operation of the electronic system or in the computer appliances and equipment of Users, due to reasons beyond the control of Licores Baines S.L that make it impossible to provide or delay the provision of the services or visits to the System; (ii) delays or blocking in use due to faults or overload in the Internet or in other electronic systems; (iii) those that may be caused by other persons through illegitimate actions outside the control of the Store that cannot be attributed to Licores Baines S.L; (iv) differences that might exist between the electronic and printed versions of the information, documents and/or other contents of the Store; (v) impossibility to provide the Service or allow access due to reasons beyond the control of Licores Baines S.L, caused by Users, third parties or Force Majeure events.

Licores Baines S.L does not usually control the use made by Users of the Store. In particular, Licores Baines S.L does not guarantee that Users will make use of the Service in accordance with the law, these General Conditions, ethics and generally-accepted good customs and public order, or that they will do so with due diligence and caution.

Obligations of Users

In general, Users are obliged to comply with these General Conditions and with all applicable Specific Conditions, and to heed the special warnings or instructions of use set forth therein or in the Store, and in all cases act in accordance with the law and good customs and in good faith, applying due diligence in keeping with the nature of the service they are using, and refrain from using the Store in any way that could prevent, damage or deteriorate the normal operation thereof and the assets or rights of Licores Baines S.L, its suppliers, other Users or in general, those of any third party.

Specifically, without this imposing any restrictions whatsoever on the obligation assumed by the Users and in general, pursuant to the above section, when using the Store and in providing the services, Users are obliged to do the following: (i) in the event of registering, Users shall provide truthful data and keep them updated; (ii) Users shall not enter, store or diffuse any information or material that is libellous, injurious, obscene, threatening, racist, encourages violence, discrimination based on race, sex, ideology, religion or in any way contravenes ethics, public order, fundamental rights, public liberties, honour, privacy or the image of third parties and current legislation in general in or from the Store. ; (iii) Users shall not use the Store to enter, store or diffuse any computer programmes, data, viruses, codes, hardware or telecommunications equipment or any other electronic instrument or physical device that could cause damage to the Store, any of the Services or any of the equipment, systems or networks of Licores Baines S.L, any User, suppliers of Licores Baines S.L or in general, any third party or in any other way cause alterations to them or prevent their normal operation; (iv) Users shall safeguard their "Login" and "Password" furnished by Licores Baines S.L to them as identifying elements that enable them to access the Services and undertake that they will not assign their use or allow others to access them, assuming full responsibility for any damages caused by the improper use of them. Likewise, Users agree to inform Licores Baines S.L as soon as possible in the event they are lost or stolen and in the event of any risk of any third party accessing the "Login" and/or "Password"; (v) Users undertake not to carry out any advertising, promotional or commercial activities through the Store or using the contents and in particular, information obtained through the Store for sending publicity, messages for the purpose of direct sales or for any other commercial purpose or to collect or store the personal data of others; (vi) Users undertake not to use false identities or supplant the identity of others in using the Store or in using any of the Store services, including the use of passwords or access codes of others or in any other way; (vii) Users shall not destroy, alter, use for their own gain, damage or render useless the data, information, programmes or electronic documents of Licores Baines S.L, its suppliers or any third parties; (viii) Users shall not enter, store or diffuse any content that infringes intellectual and industrial property rights or trade secrets belonging to third parties through the Store, or in general, use it to diffuse any content which they are not entitled to make available to third parties, pursuant to the law.

Notifications

For the purpose of these General Conditions and for all notifications that need to be made between Licores Baines S.L and the Users, the latter shall send an e-mail to Licores Baines S.L (through a message sent to tienda@licoresbaines.com) or a letter addressed to Licores Baines S.L, Pol. Ind. Comarca II calle B nº6 31191 Esquiroz (Navarre). Correspondence sent by Licores Baines S.L to the Users shall be made pursuant to the information provided by the Users on registering in the Store. Users expressly agree to use the e-mail for all communications related to the use of the Store and/or the purchase of goods, as the valid procedure for sending such communications.

Applicable law and jurisdiction

The present Conditions shall be regulated by Spanish law, which shall apply for all matters not covered in this contract regarding its interpretation, validity and execution.

The parties expressly agreed to submit to the Courts of Pamplona for settling all disputes that could arise with respect to the interpretation or execution of these contractual conditions, and waive their right to apply to any other system that could be open to them.

Conditions governing on-line sales between Licores Baines S.L and Users

General contractual conditions. Information furnished prior to entering into contract

These General Contractual Conditions, together, as applicable, with any specific conditions that might be established, shall expressly regulate the relationship between Licores Baines S.L, with address in Navarre, Pol. Ind. Comarca II c/B nº6 31191 Esquiroz (Navarre) and VAT number B31101314 and third parties (hereinafter, the "Users") purchasing the products on sale in the Store.

These General Conditions have been drafted in accordance with the terms of Law 34/2002, on information society services and e-commerce, Law 7/1998, on General Contractual Conditions, Royal Decree 1906/1999, implementing telephone or on-line contracts with general conditions which implements article 5.3 of Law 7/1998, General Law 26/1984, on the Defence of Consumers and Users, Law 7/1996, on the Regulatory Framework for Retail Trade, Royal Decree-law 14/1999, regulating Electronic Signature and all other legal provisions that may apply.

The use and/or purchase of any product in the Store entails unconditional acceptance as a User, of each of the General Contractual Conditions, the General Conditions for Using the Portal and as applicable, any Specific Conditions that might be applicable to the purchase.

Licores Baines S.L hereby informs you that the process for purchasing goods are those set forth in these General Conditions, and any other Specific Conditions that are indicated on the screen while browsing; consequently, Users declare that they know and accept such processes as being necessary to access the goods and services offered through the Portal.

All changes and/or corrections in the information furnished by the Users while browsing shall be made pursuant to the indications included in the Portal.

Products on sale. Purchasing system.

The Products on sale in the Store, together with their characteristics and prices, shall be indicated on the screen. Apart from the price, before confirming the order, the total expenses for shipping the goods to the User’s home shall appear on screen and expenses for shipments to the Iberian Peninsula, which shall in all cases be paid by the buyer. For other destinations, consult conditions with Licores Baines S. L. sending an email to tienda@licoresbaines.com. The prices indicated on the screen are given in euros and include VAT (1) and any other tax that could apply, and shall in all cases, be valid, except in the case of a typing error. Offers shall be duly indicated onscreen. Licores Baines S.L. reserves the right to decide on the products included and offered to Users through the Store at any time. Consequently, Licores Baines S.L. may add new products to those already in the Store at any time, based on the understanding that unless stipulated to the contrary, those new products shall be regulated by the terms of the General Conditions in force at that time. Likewise, Licores Baines S.L. reserves the right to stop providing any product on sale in the Store at any time, without notice.

To purchase the products in the Store, Licores Baines S.L. shall request Users to register. For that purpose, such Users, who shall be aged over eighteen (18), shall comply with the instructions given onscreen which require the following steps to be executed and any others included in the different Store screens: (i) fill in the e-form appearing in the Store in full, pursuant to the instructions set forth in it. (ii) press the ACCEPT icon/button. (iii) receipt of the registration approval at the e-mail address of the User. The Login and Password furnished by the User to Licores Baines S.L. are identifying elements that allow them to access and make their purchases and are personal and non-transferable.

Once the Users have registered, in order to purchase the Products they must add the product they wish to purchase to their Shopping Baskets, following the instructions indicated onscreen. For that purpose, they shall complete the order form supplied and send it to Licores Baines S.L, which entails reading and irrevocable accepting all these General Conditions and as applicable, any Specific Conditions that may exist. The purchase shall be deemed made at the address of Licores Baines S.L.

After making the purchase and as soon as possible, in all cases within 24 hours of executing the purchase (2), the Customer Service Department of Licores Baines S.L shall send an e-mail a list of the purchases. Likewise, Customers may request Licores Baines S.L. to send them the respective invoices. The order confirmation and purchase list shall not be valid as invoices.

Licores Baines S.L. reserves the right to cancel the Login, Password and forbid access to the Store by Users with unpaid bills or debts with Licores Baines S.L.

Payment method, delivery and relinquishing of orders.

Payment of the price of the purchased goods and shipping expenses shown onscreen may be done by credit card, debit card, bank transfer or by payment on delivery, pursuant to the payment methods indicated onscreen. To make payment, Users shall follow all the instructions that appear onscreen.

If paying by card, 4B, MasterCard and VISA cards are accepted. Payment shall be made using the ‘Telepago 4B’ system through its pages in a secure server, based on the SSL protocol, with a digital certificate guaranteed by Verisign. In this way, the information furnished by the Users is transmitted in a ciphered form. Users shall provide the Telepago 4B system with the following information: a) card number, b) expiry date, c) validation code and d) any other information requested by the bank issuing the credit or debit card for it to be used in payments through the Internet. Such payment information is requested and processed by the Telepago 4B system and Licores Baines S.L. has no access to them whatsoever. The only information obtained from the Telepago 4B payment system which is stored for processing by Licores Baines S.L. is the payment reference.

Payment by bank transfer shall be made using the following procedure:

1. Make the payment in the name of Licores Baines S.L. for the total amount (order amount + VAT+ shipping expenses) into the account provided in the order confirmation. For greater speed in processing the shipment, please indicate the order confirmation nº when you send the transfer.

2. Send the confirmation of the transfer by Fax to 948 303550 or by e-mail to tienda@licoresbaines.com.

For payment by Paypal, Users must proceed as follows:

1. Payment of the total amount (order amount + VAT+ shipping expenses) through a Paypal Account

Licores Baines S.L undertakes to deliver the goods purchased by the Users to the home of the Buyer indicated for that purpose in the order form (no products will be delivered to Post Office boxes or public establishments), within the term indicated for each product and in all cases, no later than thirty (30) calendar days from the date of placing the order. Urgent shipment expenses shall also be paid by the Buyer.

The User/Buyer shall have a term of seven (7) calendar days within which to formalise the purchase, provided that the nature of the purchased product so permits. The seven-day term established above shall be calculated from the date on which the Buyer receives the purchased goods. In all cases, it shall be held that Buyers is aware of their right to relinquish the purchase from the time they enter the Store, which entails reading and accepting these General Conditions and in all cases, from the moment the order is placed. Returned orders must be processed via the e-mail tienda@licoresbaines.com in order to organise the collection of the goods from the home of the Buyer. Licores Baines S.L. shall refund all amounts paid, deducting the collection expenses stipulated in the website within a term of no more than thirty days, once the state of the goods has been checked. No expenses incurred in shipping the goods shall be refunded. The procedure for returning the products shall be specified by Licores Baines S.L. by e-mail. Notwithstanding the foregoing, the right of relinquishment and/or termination is excluded in cases in which, due to the nature of the purchased products, it is impossible to do so, without prejudice to the pertinent claims that could be filed for damages sustained.

The goods shall be delivered to our carrier in perfect conditions, packaged in a closed container and sealed to cover the original packaging. If the shipment is sent by the customer it must be clearly marked when it reaches our warehouse.

The products shall be duly marked and bear the return nº provided by the Customer Service Department.

In the event that the product is faulty, Licores Baines S.L undertakes to replace it, at no cost to the customer. If the customer wishes to terminate the contract, the collection expenses shall be deducted from the amount refunded.

Should the product arrive in poor condition due to transportation, the User shall indicate this on the carrier’s delivery note and call our Customer Service Department within 24 hours of receiving it, to submit the claim. After this term, Licores Baines S.L shall not deal with any claims made for this reason.

Applicable law and jurisdiction

This contract shall be regulated by Spanish law, which shall apply for the settlement of all aspects not covered in it related to contractual interpretation, validity and execution.

(1) Our listed prices include VAT IVA. (2) The confirmation is sent automatically as otherwise it could take more than 24 hours in the event of placing orders on Fridays or Saturdays. Orders shall be served within 1-3 business days for shipments in Spain and within 4-7 business days for international shipments (depending on the country).