1. SCOPE

These General Conditions of Sale (hereinafter, the General Conditions) apply to any purchase of goods or products (hereinafter, the Products) that are made on this Website www.cellermatallonga.cat owned by JUAN PENELLA TARRAGONA with headquarters in OUTSKIRTS – PARTIDA SORTS, S/N, 25411 Fulleda (Lleida), and with NIF 78067747C.

These General Conditions may be modified at any time, so it is recommended that, whenever the Customer browses or wants to purchase a Product through the Website, consult them again, since those that are in force at the time of purchase will be applicable.

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2. ORDERS

2.1. How to order?

In order to purchase any of the JUAN PENELLA TARRAGONA Products, the Customer must follow the following steps:

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1.- The Client may register on the Website in order to purchase the Products, being able to wait until the moment before the payment is formalized, or make purchases as "Convided", not being mandatory registration.

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2.- To register as a Client you must provide the username, an email and an access key.

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3.- To place an order, the Customer must select the Products they wish to buy, which will be added to the "purchase cart" of the Website. Once all the Products have been selected, if you want to continue with the operation, you must click on "finish purchase".

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4.- The Client must provide the following data so that JUAN PENELLA TARRAGONA can send the Products: name and surname, full address, email and contact telephone number. These data will be stored in the database of JUAN PENELLA TARRAGONA and will only be visible by authorized personnel. In the event that the Client detects that there has been an error when entering their personal data during their registration, they may modify them in the same section "My Account". In any case, the Customer may correct errors related to the personal data provided during the purchase process by contacting the customer service via phone +34 628 549 645, or by email at matallonga60.gmail.com. If the Customer detects an error in the order after the completion of the payment process, they must contact the customer service immediately, through the above-mentioned telephone number or email address, to correct the error.

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5.- If available, the Customer may enter discount codes or coupons to reduce the final price of the "purchase card".

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6.- Once the Customer has expressly accepted the General Conditions and has entered the data for the shipment, they can formalize the payment.

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2.2. Availability and responsibility

All orders are subject to product availability. If there are difficulties in the use of Products or due to lack of stock, JUAN PENELLA TARRAGONA will refund the amount paid for them.

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JUAN PENELLA TARRAGONA is not responsible for the delays in the delivery of orders or the impossibility of carrying them out when the cause is becoming force majeure. Among other causes, events of force majeure are understood: accidents, strikes, fires, weather causes, natural disasters such as storms, earthquakes, epidemics and problems in transport or telecommunication systems.

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The responsibility of JUAN PENELLA TARRAGONA regarding any Product purchased on the Website will be strictly limited to the purchase price of this Product.

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3. PRODUCT INFORMATION

JUAN PENELLA TARRAGONA is committed and has taken the necessary measures so that the images that appear on the Website are as faithful as possible to the original products, without it being able to lead to a misinterpretation of the images by the Client.

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However, JUAN PENELLA TARRAGONA cannot guarantee that the display of colors or other showy details through the Customer’s devices in the photographs of the website accurately reflects the characteristics or colors of the product it receives, since they will depend on the resolution of its device.

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4. PRICE/PAYMENT

4.1. Products Price

Product prices on the Website are indicated in euros and include taxes related to the sale of Products, including Value Added Tax (VAT). JUAN PENELLA TARRAGONA reserves the right to modify the price of the products and services offered through the Website. To guarantee the Customer the certainty of the price of their Products, this will be in force in advertising coinciding with the time of formalizing the order.

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The price of the Products does not include the cost of sending them, which will appear broken down before formalizing the payment.

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4.2. Payment

The Customer has the following means of payment when buying Products on the Website:

Debit/credit card: for payment by debit/credit card, the Customer must follow the instructions on the sales screen, providing the number and type of card, identification code and holder. JUAN PENELLA TARRAGONA uses the MONEI service, which incorporates the SSL security standard, so that the confidential data of the debit/credit card is transmitted encrypted to the bank server, without registering to the server of JUAN PENELLA TARRAGONA.

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The acquisition of the Products is done through the "BUY" button of the Website and once the General Conditions have been expressly accepted.

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4.3. Value Added Tax and Billing

In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.

Likewise, JUAN PENELLA TARRAGONA will send the Customer, within a maximum period of 48 hours, a confirmation of the order made with all its terms to the email address that the same has indicated.

The Customer will receive, together with the Products, the paper invoice of the order. If an electronic invoice is required, it must be indicated at the time of placing the order.

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5. SUBMISSIONS

5.1. Time

For the purposes of these General Conditions, it will be understood that the "delivery" has taken place or that the Products have been "delivered" at the time the Customer or a third party indicated by the Client acquires the material possession of them.

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The deliveries are made to the address indicated by the Client in the delivery of each order. From the formalization of the purchase to the delivery of the order, 48 hours – 72 hours in working days for deliveries to the Peninsula, the Balearic Islands, the Canary Islands, Ceuta and Melilla can take place. The delivery of the Products will take place from Monday to Friday from 9:00 a.m. to 7:00 p.m., excluding the holidays of the destination town. During the months of August and December this period may vary.

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In the event that the carrier tries to deliver the package to him and there is no one to receive it, he will leave a note stating the delivery attempt. Please contact the transport agency as soon as possible by phone number on the note, in order to agree on a new delivery. If in this second installment there is no one to receive it, it will leave you a note again recording the second delivery attempt. From that moment on, the order will remain at the transport agency office for 15 days. After these days, the order will be returned to our winery.

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At the time you receive your package, you must:

Verify the conformity of the goods received at the time of delivery.

Indicate any anomaly in the delivery order, stating your reservations and including your signature.

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Transport providers do not allow the return of the goods if the customer opens it in their presence, but they can check the box from the outside and, if they detect that the box is wet or wet, they do not accept the order.

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Our carrier will notify us of the incident and we will automatically send a new shipment at no cost to you.

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JUAN PENELLA TARRAGONA assumes no responsibility for the consequences of possible delays in shipment.

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If for any circumstance JUAN PENELLA TARRAGONA could not meet the expected delivery date, you will be informed of this circumstance and you will be offered the option to proceed with the purchase by establishing a new delivery date or cancel the order with the reimbursement of the price paid.

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5.2. Amount

During the purchase process you will be informed of the shipping costs. The amounts will vary depending on the destination and the products requested.

JUAN PENELLA TARRAGONA contains a large number of products and it is always possible that, despite their efforts, some of the products included in the website have an incorrect price. Prices will always be checked as part of the shipping procedure and, in case of detecting a typographical error in the price, JUAN PENELLA TARRAGONA will contact the customer to communicate the error.

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6. PRODUCT GUARANTEE

6.1. Guarantee coverage

The products of JUAN PENELLA TARRAGONA, being perishable, would not apply the 3-year guarantee. JUAN PENELLA TARRAGONA undertakes to change or reimburse products recognized as defective, in accordance with the provisions of article 118 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. The warranty does not include:

All product defects that may result from: conservation or incorrect use, deterioration caused by external objects, external events such as accidents, shocks, fires, acts of vandalism, damage caused by water, natural or artificial lights (in case of decoloration), natural disasters or adverse weather conditions.

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6.2. Application of the warranty

To apply the guarantee, the buyer will contact the customer service of JUAN PENELLA TARRAGONA through the email address matallonga60'gmail.com or by calling +34 628 549 645.

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7. RIGHT OF WITHDRAWAL

The customer has the right to withdraw from the purchase of a product within 14 calendar days without the need for justification. This period will begin to run from the moment the customer acquires the material possession of the product. In the event that the goods that make up the order are delivered separately, the period will start to run at 14 calendar days from the day the customer acquired the material possession of the last of these products.

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For greater comfort, the following withdrawal form is attached:

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To the attention of:

JUAN PENELLA TARRAGONA

For the present, I inform you that I withdraw from my contract of the following product or products with reference not

Purchase date

Buyer name

Buyer's Address

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If the shipping address is different from that of the buyer, you must fill in the following information:

Recipient name

Address of the recipient

Consumer Signature Date

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It will not be possible to invoke the right of withdrawal in the following cases:

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a) The provision of services, once the service has been fully executed, when the execution has begun, with prior express authorization of the client and with the recognition by the client that he is aware that, once the contract has been completely executed by JUAN PENELLA TARRAGONA, he will have lost his right of withdrawal.

b) The supply of products or the provision of services at a price depending on fluctuations in the financial market that JUAN PENELLA TARRAGONA cannot control and that may occur during the withdrawal period.

c) The supply of products made according to customer specifications or clearly personalized.

d) The supply of products that may deteriorate or expire quickly.

e) The supply of sealed products that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.

f) The supply of products that, after delivery and taking into account their nature, have been mixed in an inextricably with other products.

g) The supply of alcoholic beverages with a price agreed at the time of signing the sale contract and that cannot be delivered within 30 days, and their real value depends on market fluctuations that JUAN PENELLA TARRAGONA cannot control.

h) Contracts in which the client has specifically requested JUAN PENELLA TARRAGONA to visit him to carry out urgent repair or maintenance operations; if, in this visit, JUAN PENELLA TARRAGONA provides additional services to those specifically requested by the client or supplies products other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal will apply to these services or additional products.

i) The supply of sealed sound or video recordings or sealed computer programs that have been depreciated by the client after delivery.

j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of these publications.

k) Contracts concluded through public auctions.

l) The provision of accommodation services for purposes other than housing, transport of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.

m) The supply of digital content that is not provided in a material support when the execution has begun with the prior express consent of the client with the knowledge on his part that, consequently, he will lose his right of withdrawal.

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Once the withdrawal has been made, JUAN PENELLA TARRAGONA will refund the amount paid for the products (including shipping costs) within a maximum period of 14 calendar days, from the date on which the decision to withdraw from the contract has been received by the customer, and through the same payment method with which the purchase was made. However, the shipping costs for the return of the products will be borne by the customer.

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No amount will be refunded in the event that the product has been used or has suffered any damage, so it must be returned under the same conditions in which it was delivered, including all instructions, documents and envelopes of the product. This will be so without prejudice to the client’s right to open and unwind the product in order to test, analyze and evaluate it to make a decision about its definitive acquisition.

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In the case of loss, destruction or other cause that prevents the return of the order due to a cause attributable to the customer, the customer will be liable for the market value that the provision would have had at the time of the exercise of the right of withdrawal, unless this value was higher than the price

of acquisition, in which case it will respond to it.

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8. INDUSTRIAL AND INTELLECTUAL PROPERTY

All the contents that are displayed on the website and, especially, designs, texts, graphics, images, databases, software, sounds, brands, logos or any other sign susceptible to industrial and commercial use, are subject to the intellectual and industrial property rights of JUAN PENELLA TARRAGONA, or of third parties to whom its use has been duly authorized.

In no case, access to the website and/or its use implies any type of waiver, transmission, license or total or partial transfer of these rights, nor does any right or expectation be conferred and, especially, of alteration, exploitation, reproduction, distribution or public communication on said contents, without the prior express authorization of JUAN PENELLA TARRAGONA or the corresponding owners.

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No link to the website can be established from any other website without the prior and express consent of JUAN PENELLA TARRAGONA.

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9. LANGUAGE

The website, the published information, as well as the contract or customer registration form, will be written in Catalan, Spanish, English, French or German, being the client who will choose the language.

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10. ONLINE CONFLICT RESOLUTION

In compliance with the provisions of Article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, in the event that the buyer has the status of consumer, we inform you of the existence of an online platform for extrajudicial resolution of online disputes made available by the European Commission, through which consumers can submit their claims:

https://webgate.ec.europa.eu/odr/main/index.cfm?event.main.home.chooseLanguage

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11. APPLICABLE LAW, JURISDICTION AND JURISDICTION

These General Conditions will be governed by Spanish legislation. Any dispute that may arise from the application or interpretation of these General Conditions will be resolved before the jurisdiction of the Courts and Tribunals of the city of Lleida, with the waiver of any other applicable jurisdiction. However, if the buyer has the status of consumer, any dispute that may arise between JUAN PENELLA TARRAGONA and the Client will be resolved before the jurisdiction of the Courts and Tribunals of the Client’s domicile or the place of compliance with the obligation.

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12. PROCESSING OF PERSONAL DATA

In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights, the personal data provided for the reason of the use of the website will be included in a database for which JUAN PENELLA TARRAGONA is responsible and which complies with the technical and organizational measures in order to protect said data.

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The processing of personal data by JUAN PENELLA TARRAGONA, as well as any other information requested for the access and use of the website, will be governed by the provisions of the Privacy Policy of JUAN PENELLA TARRAGONA. You can consult the Privacy Policy through the following link: [Privacy Policy]