Terms and Conditions of Use and Sale
Pursuant to the provisions of Article 10 of Spanish Law 34/2002, dated 11 July, on Information Society Services and E-Commerce, general information on the web site is provided below.
The owner of the web site is the company XANTHURUS, S.L.U. (hereinafter “XANTHURUS”), with registered address at Poligono 1, Parcela 634, 07460 Pollença, España and Tax Id No. B57671844.
The company is entered on the Palma de Mallorca Companies’ Registry in volume 2430, sheet 158, page PM66095, entry 1ª. The customer services e-mail is:
2.1. XANTHURUS makes available over its web sites, apps or any other medium that may be established in the future, a technological platform (hereinafter “WEB SITE”) where XANTHURUS online sell wines or any other products and services aimed at users (hereinafter “USERS”).
2.2. XANTHURUS can extend or modify its WEB SITE in accordance with the development and evolution of its products and services, including or replacing new products, services, activities or content.
3. TERMS AND CONDITIONS OF USE
3.1. Acceptance of the Terms and Conditions of Use and Sale
3.1.2. USERS must carefully read these General Terms and Conditions every time they access the WEB SITE, given that these General Terms and Conditions may be subject to modifications.
The USER hereby states:
• That he/she has read, understands and comprehends the provisions set forth herein;
• That he/she is a person of sufficient legal age to purchase alcoholic beverages in accordance with the user’s country of residence and has sufficient capacity to hire;
• That he/she takes on all the obligations set forth herein;
• That he/she understands that the WEB SITE is a technological platform owned by XANTHURUS over which he/she can purchase products from XANTHURUS that advertise and sell its products on the aforementioned platform.
3.1.3. The owner of the WEB SITE reserves the right to make modifications to site content and services or update them at any time without the need to give any prior notice. The same applies to these General Terms and Conditions and, in general, to any elements that go to make up the design and configuration of the WEB SITE.
3.2. Access to the WEB SITE and Legal Age
3.2.1. Access to the WEB SITE is free of charge, except as regards the cost of the connection over the telecommunications network supplied by the Internet service provider hired by the USER.
3.2.2. Given that the content of the WEB SITE services involves, among other products, alcoholic beverages, access to the same is only permitted to individuals of legal age in accordance with that which is provided for by the regulations in their country of residence. Please exit this WEB SITE immediately if you are a minor.
3.3. Registration Requirement
3.3.1. Generally speaking, it will not be necessary to register as a USER to access WEB SITE services and content. Notwithstanding, the use of particular services and content will be conditional on prior USER registration.
3.3.2. The data entered by the USER must be accurate, up-to-date and true at all times. Registered USERS will be responsible at all times for safekeeping their password, thus assuming any damages that may arise as a result of any unlawful use of the same, as well as for its assignment, disclosure or misplacing. Accordingly, access to the restricted areas and/or the use of the services and content made by way of a registered USER password will be attributed to that same USER, who will answer for the said access and use.
3.4. Terms and Conditions of Use
3.4.1. The USER undertakes to use the WEB SITE and all of its content and services ethically, in accordance with that which is provided for by law and these General Terms and Conditions of Sale.
3.4.2. Moreover, the USER undertakes to make appropriate use of the services and/or content of the WEB SITE and to refrain from using them to conduct unlawful or criminal activities that violate the rights of third parties and/or infringe upon intellectual or industrial property regulations, or any other applicable set of laws.
3.5.1. USER access to the WEB SITE does not involve any obligation for XANTHURUS to control the absence of viruses, worms or other type of malware. The USER is responsible in all cases for possessing the appropriate tools to detect and remove malware.
3.5.2. XANTHURUS is not liable for any damage caused to USER software and IT equipment or to that of third parties when using the services offered over the WEB SITE.
3.5.3 XANTHURUS is not liable for any type of damage caused to the USER owing to telecommunication failures or crashes that lead to the suspension, cancellation or interruption of the WEB SITE service while it is being provided or prior to its provision.
4. TERMS AND CONDITIONS OF SALE
4.1. Scope of Application
4.1.1. These General Terms and Conditions of Sale apply to contracts concluded between USERS and XANTHURUS.
4.1.2. XANTHURUS does not guarantee total product availability at the time of purchase, regardless of the reception of the order confirmation e-mail. If the XANTHURUS does not have said product in stock, as long as the USER does not wish to change the product in question, the price of the product will be fully refunded, or credit will be given for the same amount in the USER’s XANTHURUS account. XANTHURUS will effect partial or total repayment no later than 14 calendar days as of the reception of the USER request for a refund.
4.2.1. Prices are indicated in Euros (including VAT). VAT is shown separately on the invoice. The prices are valid at the time of the order. All previous prices are invalid.
4.3.1. The USER can either pay cash on delivery (only Majorca) or PayPal. The USER can pay for the purchases made through the means provided by XANTHURUS on the WEB SITE. Whatever the case, the systems involved guarantee secure payment.
4.3.2. XANTHURUS reserves the right to use third-party means of e-payment and/or financial institutions to manage the payments made by USERS over the WEB SITE, in collaboration with means of payment providers.
4.3.3. XANTHURUS does not have access to the bank data linked to USER means of payment and has no knowledge of, and does not register, these data during the payment transaction.
4.3.4. XANTHURUS reserves the right to reject or cancel at its entire discretion, upon notice to the USER, those orders that may be: (i) inaccurate or contain obvious product errors, (ii) contain inaccuracies or obvious errors in setting the price on the WEB SITE, or (iii) any suspicion of fraud or of having provided significantly false, incomplete or inaccurate data by USERS.
4.4. Shipping and Delivery Costs
4.4.1. Dispatch costs for USER orders must be paid by the USER, unless expressly indicated otherwise.
4.4.2. XANTHURUS will indicate the shipping costs in the order process. These costs must be accepted by the USER prior to acceptance of the order, unless they are included in the price. XANTHURUS will indicate beforehand any additional cost that is to be incurred in the purchase process.
4.4.3. Orders will be delivered at the delivery address freely provided by the USER in the order form, as long as the address is confirmed as lying within the delivery areas covered on WEB SITE. XANTHURUS will not accept liability when delivery is not made as a result of the inaccuracy or falsity of the data provided by the USER for this purpose, or for circumstances in which the delivery cannot be made for reasons beyond the control of the delivery company assigned, such as the absence of the addressee.
4.5. Withdrawal and Return
4.5.1. The USER can freely withdraw from the purchase contract without indicating any reason within fourteen (14) business days after the receipt of the product. The receipt accrediting delivery of the product will serve for the purposes of calculating the aforementioned fourteen (14) days.
4.5.2. To exercise the right to withdraw from the purchase, the USER must write to the following e-mail , indicating for identification and management purposes the e-mail used for the purchase and the order number. XANTHURUS will reply to the USER providing precise instructions on how to exercise the right to withdraw. Moreover, the USER can use the model withdrawal form that is available at the following link:
4.5.3. The USER will pay for return delivery costs and will undertake any other steps involved in the return of the product. This product must be packaged and parcelled securely so that the goods are returned in a perfect state of preservation. The USER will be liable for any defect or damage suffered by the product in this process.
4.5.4. In the event of any withdrawal from the order, XANTHURUS will refund the total amount of the order deducting any collection costs that will normally be managed by XANTHURUS by way of the means of payment employed by the USER to purchase the product, no later than FOURTEEN (14) calendar days after checking the proper state of the product returned by the CUSTOMER to XANTHURUS.
4.5.5. XANTHURUS will only accept the return of the product when its use has been limited to merely checking the proper working of the same by the USER, in accordance with current legislation.
4.5.6. XANTHURUS will not accept the return of any product that has suffered deterioration for which the CUSTOMER is accountable.
4.5.7. Products must be returned by the CUSTOMER in their original packaging and in perfect condition (i.e. undamaged and clean) and must be sent to the place indicated by XANTHURUS in the instructions sent to the CUSTOMER. Moreover, the packaging must be completely and fully identified to reflect who the sender is. If the item in question is not sent under the conditions described herein it will suffer a depreciation that must in all cases be paid for by the CUSTOMER.
4.5.8. Withdrawal will not apply in the circumstances covered by Article 103 of Spanish Royal Legislative Decree 1/2007, dated 16 November, adopting the Consolidated Legislation of the General Consumer and User Defence Law. For purely guideline purposes, and not in any way comprehensive, the return of customised or perishable products is not covered, notwithstanding the foregoing. In case of doubt, the CUSTOMER must consult with XANTHURUS beforehand.
5. PERSONAL DATA PROTECTION AND COOKIES
6.1. The images illustrating the products may differ from the actual appearance, for example in the case of a design revision or a vintage change. The available vintage can be seen in the description text.
7. CLAUSE INVALIDITY AND NULLITY
If any of the clauses of these General Terms and Conditions are declared either wholly or partially null and void or invalid, any such nullity or invalidity will solely affect the clause in question, or the part thereof that proves to be null or invalid. Notwithstanding, the remaining General Terms and Conditions will continue to be regarded as valid, and the partial or whole clause deemed invalid will be understood as no longer forming a part of the said General Terms and Conditions.
8. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
8.1. These General Conditions will be governed and will interpret in accordance with the Laws of Spain.
8.2. For the resolution of conflicts and renouncing to any other general or special jurisdiction that may correspond, the parties submit themselves by choice to the jurisdiction of the courts and courts of law corresponding to the domicile of the user.
8.3. The European Commission offers a platform for alternative dispute resolution, to which any consumer can access the following link:
For any information you can contact .