TERMS AND CONDITIONS

The company to which the corresponding terms adhere corresponds to ALMAWINE SpA. Rut 76.993.535-5 , represented by MAURICIO MONTERO, Rut 6.989.432-1.

FIRST: GENERALITIES

This document regulates the terms and conditions under which you have the right to access and use the services of the website www.almawine.cl of Almawine and any information, text, video or other material communicated on the website.

On this website, you may use, free of charge, software and mobile applications that allow you to browse, visit, compare, and, if you wish, purchase the goods or services displayed here.

We recommend that you read these Terms carefully and print or save a copy of them to your local disk drive for your records.

These Terms and Conditions will apply to and be deemed incorporated into each contract you enter into with ALMAWINE SpA through this website.

The use of this website, the application of these Terms and Conditions, the acts you perform, and the contracts you enter into through this website are subject to and governed by the laws of the Republic of Chile, and in particular, Law 19.496 on the Protection of Consumer Rights.

ALMAWINE SPA. Therefore, it will strictly apply all the benefits, guarantees and rights recognized in favor of consumers in Law 19,496. Furthermore, ALMAWINE SPA. adheres in all its parts to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce, which is available at the following link https://cdn.shopify.com/s/files/1/1310/8733/files/BUENAS_PRACTICAS.pdf?8486900398745836856 .

SECOND: COMMUNICATIONS

For the communication of any presentation, query or claim regarding the use of this site, or the contracts carried out therein, ALMAWINE SpA. represented by MAURICIO MONTERO Rut 6.989.432-1 , appoints Mr. CRISTIAN PINO BELMAR, Rut 13.697.402-5, HEAD OF CUSTOMER SUPPORT, as special representative, available at the email contacto@almawine.cl; and at the Customer Service telephone number +56931874775, domiciled for these purposes at CALLAO 3037, LAS CONDES commune, SANTIAGO city. His authority to act on behalf of ALMAWINE SPA is recorded in a public deed dated MARCH 22, 2018, granted at the Notary Office of Santiago, before Notary Public, Mr. ARMANDO ULLOA.

ALMAWINE SpA. undertakes that, if it sends you advertising or promotional information by email, it will contain at least the following information:

1. Identification of the message, making it recognizable as advertising or promotional communication, in the subject field of the message.
2. Existence of the consumer or user's right to request the cessation of sending such advertising by ALMAWINE SpA. and the obligation of ALMAWINE SpA. to suspend such sending.
3. A simple and effective procedure for consumers to make this request, providing an email address for this purpose.
4. The advertiser's identification with its trade name.

In the case of teaser advertising, the obligations indicated above will be fulfilled to the extent that the agency that carries it out is identified.

ALMAWINE SpA. will cease sending advertising or promotional messages by email or other equivalent means of individual communication to any person who has expressly requested the suspension of such messages.

THIRD: FREEDOM OF NAVIGATION AND ACCEPTANCE OF TERMS AND CONDITIONS

Merely visiting this site does not impose any obligation on the user, unless the user unequivocally expresses, through positive actions, his or her willingness to contract with the company to acquire goods or services, in the manner indicated in these terms and conditions.

To accept these Terms and Conditions, the user must click where the ALMAWINE SpA. website offers this option in the user interface with the phrase "I have read and accepted" or another equivalent that allows the user to give their unequivocal consent regarding acceptance.

FOURTH: REGISTRATION

Registration on the site and the use of a password are not mandatory for contracting; however, they facilitate personalized, confidential, and secure access to the site.

By registering on the site, you will be given a secret password that you can access and even change if required. To activate your password, you must complete the registration form available on the site and send it to ALMAWINE SpA by clicking on the appropriate field.

The user and the administrator will be responsible for password confidentiality within their respective areas.

FIFTH: HOW TO HIRE

 

To make purchases or contract services on this site, you must follow the following steps by clicking on the corresponding field:

1. To begin the contracting process, you must confirm that you have read and accepted these Terms and Conditions.
2. Select the product or service you are interested in and add it to your shopping cart.
3. Log in to the site or enter your email address and password. If you're not registered yet and want to register, use the "Register your password" icon.
4. Select the type of dispatch and delivery from the options available on the website https://almawine.cl/. If no alternatives are available, follow the delivery instructions as indicated on the website.
5. Select the payment method.
6. Once the order is placed, the following will appear on the screen: This information should appear before selecting the payment method, and this is how it works on most sites.

 

1. A description of the product or service contracted.
2. Price.
3. Indication of shipping costs if applicable.
4. Delivery date depending on the type of delivery chosen.
5. Payment method.
6. Total value of the operation.
7. Other conditions of the order.
8. Possibility to print and store the order.
9. Also a unique order number, which you can use to track your order online.

 

7. Sending the information to the registered email.
8. The order will then automatically go through an identity confirmation process, always safeguarding the security and privacy of the user and the contracting process, including the availability, validity, and limit of the selected payment method.
9. Once the above has been completed, the contract is finalized by charging the selected payment method. The purchase receipt will be sent electronically with the corresponding receipt or invoice, and the product will be dispatched according to the selected delivery method.
10. The buyer's rights will not be affected, nor will he be charged, unless his identity is confirmed.

 

SIXTH: PAYMENT METHODS

Unless otherwise indicated for specific cases or offers, the products and services reported on this site may only be paid for by:

1. Visa, Mastercard, Dinners Club International, or American Express bank credit cards, issued in Chile or abroad, provided they maintain a valid contact for this purpose with ALMAWINE SpA.
2. Bank debit cards under the Redcompra system or others, issued in Chile by national banks, which maintain a valid contract for such purposes with ALMAWINE SPA.
3. Payment by debit card will be made through WebPay or another means, as appropriate, electronic payment systems that automatically charge the user's bank account.

Users declare that they understand that these payment methods or payment portals belong to third-party companies providing these services, independent of and not affiliated with ALMAWINE SpA. Therefore, the continued provision of their services over time, as well as the correct functioning of their online payment tools and buttons, will be the exclusive responsibility of the companies providing these services and in no case of ALMAWINE SpA.

SEVENTH: RIGHTS AND GUARANTEES

Exchanges and Returns

Legal Guarantee (governed by the Pro Consumer Law, especially Art. 19 , Art. 20 and Art. 21 of Law No. 21,398)

 

If the purchased product presents any defect or deficiency during use and within 30 days of receipt, the consumer may request free repair or replacement, product exchange, or a refund of the amount paid, provided the product has not been damaged due to an act attributable to the consumer.

 

The following will be considered as a fault or defect:

 

1. Products subject to mandatory safety or quality standards that do not meet specifications.
2. If the materials, parts, pieces, elements, substances or ingredients that constitute or integrate the products do not correspond to the specifications they have or to the mentions on the label.
3. Products that, due to manufacturing, processing, materials, parts, pieces, elements, substances, ingredients, structure, quality or sanitary conditions, are not entirely suitable for the use or consumption for which they are intended or as indicated by the supplier in its advertising.
4. If the supplier and consumer have agreed that the products covered by the contract must meet certain specifications and this does not occur.
5. If after the first time the guarantee has been made effective and the corresponding technical service has been provided, the deficiencies that make the good unfit for the use or consumption referred to in section 3 persist. This right will continue to apply in the event of a deficiency that was the subject of the technical service, or if the same deficiency occurs again.
6. If the object of the contract has hidden effects or defects that make it impossible to use for which it is normally intended.

 

If the product upon receipt does not have the stated characteristics, or if it is damaged or incomplete, it may be exchanged immediately.

 

ALMAWINE SpA Satisfaction Guarantee

 

If the purchased product does not satisfy you, it can be exchanged or returned without problems up to 30 days after the date it was received, at any branch of the company, or if it was shipped, the company can pick it up at the same location at no additional cost.

 

It's important to note that in order to exchange or return a product, it must be unused, in perfect condition, and with all its accessories and original packaging.

 

To request an exchange or refund, the consumer must present the receipt, purchase order number, shipping guide, or other proof of purchase.

This warranty does not apply to custom-made or made-to-order products.

In the case of products reported as used, opened, second-hand, or defective, purchased after having been informed of this on the site and having a reduced price, exchanges or refunds will not be applicable.

 

In the event of a refund, the company will issue a credit to the payment method used by the consumer within 72 hours of accepting the refund. This will be communicated via the registered email address.

 

Right of Withdrawal

 

(Art. 3° bis letter b) of the Pro Consumer Law

N°21,398https://www.bcn.cl/leychile/navegar?idNorma=1160403&idParte=10239814&idVersion=2022-04-25 )

 

The user will have 10 days to terminate the contract entered into electronically from the date of receipt of the product or the date of contracting the service, before it is provided. To exercise this right, the user must use the same means used to enter into the contract, provided that ALMAWINE SPA. has sent the user notification of the contract's conclusion, a full copy, clear, understandable, and unambiguous access to the general terms and conditions, and the ability to store or print them.

If ALMAWINE SpA. has not complied with the sending of the written communication mentioned above, the deadline will be extended to 90 days.

 

This right cannot be exercised when the good, the subject of the contract, has deteriorated due to an act attributable to the consumer.

 

If the good or service was obtained through credit, the credit is void, but the consumer is responsible for the interest when it was granted by a third party.

 

ALMAWINE SpA. will be obligated to refund the amounts paid, without withholding any expenses, as soon as possible and, in any case, within 45 days of notification of the withdrawal. In the case of services, the refund will only include those amounts paid that do not correspond to services already provided at the date of withdrawal. You must return in good condition the packaging, user manuals, boxes, protective elements, and any other items that came with the goods.

 

EIGHTH: DELIVERY OF PRODUCTS

Product Dispatch

The shipping and delivery conditions for purchased products may be selected from among the options offered on the site.

 NINTH: RESPONSIBILITY

 

Under no circumstances will ALMAWINE SpA be liable for:

 

1. Any misuse by users or visitors of the Site of the materials displayed, industrial property rights, and intellectual property rights.
2. Damages or potential losses that may be caused to Buyers and/or Users due to the operation of the search tools and errors generated by the technical elements of the Site or search engine.
3. Contents of the pages that Buyers or Users may access with or without authorization from ALMAWINE SpA.
4. Access by minors or persons without legal capacity, under the terms of the corresponding legislation, to the contents adhering to the contractual relationship arising from the Site.
5. Loss, misuse, or unauthorized use of your validation code, whether by the User and/or buyer, or by third parties, after the purchase has been made in the manner expressed in the Terms and Conditions. Likewise, the parties recognize and note that the computer platform provided by ALMAWINE SpA. is not infallible, and therefore, during the term of this Agreement, circumstances beyond the control of ALMAWINE SpA may occur, which imply that the Site or the computer platform may not be operational for a certain period of time.
6. Information about ALMAWINE SpA. or its services found on sites other than www.almawine.cl

 

In such cases, ALMAWINE SpA. will endeavor to restore the Site and the computer system as quickly as possible, without incurring any liability.

 

ALMAWINE SpA. does not guarantee the availability and continued operation of the Site, nor does it guarantee that Users will be able to access the Site's promotions and offers at any time.

 

ALMAWINE SpA. is not responsible for viruses or other elements in electronic documents stored on Users' computer systems.

 

ALMAWINE SpA. will not be liable for any damages caused to the Client resulting from the improper use of the technologies made available to it, regardless of the manner in which these technologies are improperly used.

 

ALMAWINE SpA. will not be liable for damages caused to the Site due to improper or malicious use by Users and/or Buyers. However, in the event of a double payment by a User or Buyer on the Site, ALMAWINE SpA will refund the overpayment within 3 days of receiving the User's or Buyer's written claim, enclosing the original receipts for the additional payment.

 

When logging in, registering, and communicating with payment providers, ALMAWINE SpA. uses digital security certificates (SSL) to encrypt communications. ALMAWINE SpA. does not manipulate or store its customers' financial data.

 

In any case, ALMAWINE SpA.'s liability, whether contractual, extra-contractual, or legal, with the Users, Buyers, or visitors of the Site shall not exceed the price actually paid by the Buyer in consideration for the product or service, without prejudice to the decisions of the Courts of Justice.

 

TENTH: DATA SECURITY AND SECRET KEY

 

User Responsibility for Information Registered on the Site.

 

ALMAWINE SpA. will adopt the necessary and prudent measures to safeguard the security of your data and password, such as information encryption systems, security certificates, or others the company deems appropriate. If any changes are detected in the information you have registered on the site, or if any irregularities occur in transactions related to your identification or payment method, or simply as a measure to protect your identity, our executives may contact you by phone or email to verify your information and try to prevent potential fraud.

 

If we are unable to establish contact within 72 hours, for your own security, your purchase order placed on our website cannot be confirmed. We will inform you by phone or email that your order has been cancelled because we could not confirm your identity or the payment method offered. Additionally, receipts for the efforts made to contact you and confirm the transaction will be available at our offices for 30 days so you can confirm the purchase order. Any questions can be sent to contacto@almawine.cl

 

However, Users and/or Buyers are solely responsible for the loss, misuse, or unauthorized use of the validation code, whether by themselves or by third parties, after the purchase has been made in the manner expressed in the Terms and Conditions.

 

Personal data

 

Users and/or Buyers guarantee that the information they provide for the execution of the contract is true, complete, accurate, and up-to-date.

 

In accordance with Law 19.628, the personal data you provide on the Website will become part of an ALMAWINE SpA. database and will be used solely and exclusively for the purposes for which it was provided, specifically for general communication between the company and its customers, validating purchase data, completing delivery, and responding to inquiries. The data will not be shared with other companies without the express authorization of the data owner, nor will it be transferred internationally.

 

ALMAWINE SpA. never requests personal or financial information via email.

 

ALMAWINE SpA. assumes that the data has been entered by its owner or a person authorized by the owner, and that it is correct and accurate. By accepting these Terms and Conditions, Users and/or Purchasers declare that the personal data they provide through the online forms on the ALMAWINE SpA. website may be used for subsequent Offers, different from those offered on the Website.

 

Without prejudice to the foregoing, ALMAWINE SpA. guarantees users the free exercise of their rights to information, modification, cancellation, and blocking of their personal data, as established in Law 19,628. Therefore, buyers may make requests related to these rights, and ALMAWINE SpA. must respond and effectively implement this request within a maximum period of two calendar days.

 

Electronic Documents:

 

The user, in his capacity as manual receiver of electronic documents, in accordance with Exempt Resolution No. 11 of February 14, 2003 of the Internal Revenue Service (which established the procedure so that taxpayers authorized to issue electronic documents may also send them by these means to manual receivers), declares and accepts the following:

 

By approving these terms and conditions, the user authorizes ALMAWINE SpA, Tax ID No. 76.993.535-5, to receive the corresponding tax document for this transaction solely by electronic means. The user also authorizes the notification of publication of the tax document to be sent to me by email.

 

In accordance with the regulations indicated, and in the event that the user requires it to support the accounting information, he/she assumes the following obligations in relation to said tax documents:

 

1. Print documents received electronically, for each tax period, immediately upon receipt from the issuer.
2. Print the document in the size and shape it was generated;
3. Use white original paper with a minimum size of 21.5 cm x 14 cm (1/2 letter) and a maximum size of 21.5 x 33 cm (legal);
4. Print with a quality that ensures the document remains legible for a minimum of six years, as established by current legislation. This printing will be done using laser or inkjet printing, unless otherwise authorized or regulated.

 

ELEVENTH: SCOPE OF THE CONDITIONS REPORTED ON THE SITE

 

ALMAWINE SpA. will not modify the terms and conditions under which it contracts with consumers on this site. While they appear on this site, the reported prices will be available to the user, even if they are not the same as those offered on other ALMAWINE SpA. sales channels, such as physical stores, catalogs, television, radio, or others.

 

However, prices apply to the delivery or shipping city. If, once a product has been added to the shopping cart, the delivery or shipping address is changed to a different city, the total price of the product will change according to the shipping costs to the new city.

 

Any changes to the information published on this site, including those relating to merchandise, services, prices, stocks and conditions, promotions, and offers, will take effect before receiving a purchase order and will only apply to future transactions, without affecting, in any way, any rights acquired by consumers.

 

The promotions offered on the site will not necessarily be the same as those offered by ALMAWINE SpA. through other sales channels. In promotions consisting of free or discounted delivery of one product with the purchase of another, the free or discounted delivery of the product will be made to the same location as the purchased product, unless the purchaser requests, upon accepting the offer, that the products be sent to different addresses, in which case the purchaser must pay the shipping cost for both products. Participation in these promotions is not permitted without jointly purchasing all the products included in them.

 

TWELFTH: INTELLECTUAL PROPERTY

 

All content included on this site, such as text, artwork, logos, button icons, source code, images, audio clips, digital downloads, and data compilations, are the property of ALMAWINE SpA. or its content providers and are protected by Chilean and international intellectual property laws. The artwork, logos, page headers, slogans, button icons, written text, and service names included on this site are trademarks, trade dress, or trade dress owned by ALMAWINE SpA. in Chile and other countries. Such trademarks, trade dress, and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits ALMAWINE SpA. Other trademarks not owned by ALMAWINE SpA. that appear on this site belong to their respective owners.

 

All rights not expressly granted in these Terms and Conditions are reserved by ALMAWINE SpA. or its licensors, suppliers, publishers, rights holders, or other content providers. No products, images, or sounds may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose, in whole or in part, without the prior written consent of ALMAWINE SpA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ALMAWINE SpA. without our prior written consent. You may not use meta tags or any other "hidden text" utilizing ALMAWINE SpA.'s name or trademarks without ALMAWINE SpA.'s prior written authorization. Any misuse of this site or these trademarks, licenses, or patents is prohibited. The foregoing is without prejudice to the exceptions expressly provided by law.

 

ALMAWINE SpA. respects the intellectual property of others. If you believe your work has been copied in a way that constitutes intellectual property infringement, please contact us at contacto@almawine.cl

 

THIRTEENTH: APPLICABLE LEGISLATION and JURISDICTION

 

These terms and conditions are governed by the laws of the Republic of Chile. Any dispute or conflict arising from the use of the ALMAWINE SpA website, its Terms and Conditions and Privacy Policies, their validity, interpretation, scope, or enforcement, shall be subject to the applicable laws of the Republic of Chile.

 

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