These Terms and Conditions of Purchase (hereinafter “Terms”) apply to all sales of goods and services made through ARTCAVA’s website (www.artcava.com). By placing an order on our website, you agree to be bound by these Terms, which are intended to clearly outline the rights and obligations of both ARTCAVA (the seller) and you (the customer). If you do not agree with any part of these terms, please abstain from making a purchase. We recommend printing or saving a copy of these Terms for future reference.
1. Product Information and Pricing: ARTCAVA strives to provide accurate descriptions, images, and prices for each product listed on our website. All prices are shown in Euros (€) and include the applicable Value Added Tax (VAT) or sales taxes, unless explicitly stated otherwise. Product prices do not include shipping costs, which are calculated and added at checkout (see section 3). If a product is mistakenly listed at an incorrect price (due to a typographical error or technical issue), we reserve the right to correct the price. In the event you have already ordered at the erroneous price, we will contact you with the correct price and you will have the option to proceed with the order at the correct price or cancel it without penalty. Promotional prices or discounts, if any, will be indicated as such (for example, showing the previous price and the promotional price) and will be valid during the period specified or while supplies last.
All products are subject to availability. We make every effort to keep our website updated regarding stock levels. If, for some reason, an item you ordered is not in stock or available for shipping, we will notify you as soon as possible and provide options (such as waiting for restock, choosing an alternative product, or receiving a refund for that item).
2. Ordering Process: To place an order, simply browse our catalog and add desired items to your shopping cart. You can review your cart at any time before checkout and adjust quantities or remove items. When you are ready, proceed to the checkout page. You will be asked to provide necessary information such as your shipping address, billing address, and contact details, as well as to select a shipping method (if options are provided) and a payment method. Please ensure all information is accurate and complete, as we are not responsible for delays or non-delivery resulting from incorrect details (e.g., an incorrect address or phone number).
Before finalizing the order, you will see an order summary, including items, quantities, prices, VAT, shipping cost, and the total amount. You must acknowledge and accept these Terms and our Privacy Policy (for example, by checking a box) before completing the purchase. By clicking the “Place Order” or equivalent button, you are making a binding offer to buy the products in the cart.
After you submit your order, you should see an on-screen confirmation and receive an order confirmation email at the address you provided. This email serves as acknowledgment that we have received your order; it will include your order number, details of the products, total amount charged, and shipping address. The order confirmation email does not yet signify our acceptance of your offer to buy. The acceptance of your order (and the completion of the contract) occurs when we dispatch the products to you and send you a shipping confirmation email. We reserve the right to cancel or refuse an order in certain circumstances, such as: clear error in pricing, inability to obtain payment authorization, suspicion of fraud or an unauthorised transaction, or if the product is no longer available. If we cancel an order, we will notify you and refund any amounts already paid.
3. Payment Methods: We offer various secure payment options for your convenience:
Credit or Debit Card: We accept major cards, including Visa, MasterCard, and American Express. Card payments are processed via a secure payment gateway which encrypts your card details. Card transactions might require 3-D Secure authentication (such as Verified by Visa or MasterCard SecureCode) for added security. Funds are typically captured at the time of order placement.
PayPal: You can select PayPal to pay using your PayPal account balance or linked payment methods. If you choose PayPal, you will be redirected to PayPal’s secure site to login and approve the payment. Once completed, you’ll return to our site for order confirmation.
(If ARTCAVA supports other payment methods like bank transfer, cash on delivery, etc., they would be described here. Currently, the primary methods are card and PayPal.)
All payments are subject to verification and authorization by the payment provider. If the provider refuses to authorize the payment, we will not be able to fulfill your order and it will be automatically cancelled. ARTCAVA is not responsible for any charges or fees (e.g., international transaction fees or currency conversion fees) that your bank or card issuer may apply; those are solely your responsibility.
We take your payment security seriously. Our website uses SSL encryption to protect your personal and payment data during transmission. We do not store your full card details on our own servers (they are handled by the accredited payment processor).
4. Shipping and Delivery:
Shipping Areas: Currently, ARTCAVA ships products to addresses in Spain (Mainland and Balearic Islands). For the Canary Islands, Ceuta, Melilla, or other countries in the EU or internationally, please contact us prior to ordering to confirm if delivery is possible and under what conditions. Note that shipments of alcoholic beverages may be subject to import restrictions or additional duties in some jurisdictions; the customer will be responsible for any such import duties or taxes if we agree to ship to those destinations. We do not ship to P.O. boxes, as our courier requires a physical address and a signature on delivery.
Shipping Costs: Shipping charges are calculated based on the destination, weight/volume of the package, and selected shipping speed. The shipping cost will be clearly displayed at checkout before you finalize your order. From time to time, we may offer promotions such as free shipping for orders over a certain amount or special flat rates; such conditions will be indicated on our site when applicable.
Delivery Times: We strive to dispatch orders within 1-2 business days after confirmation of payment (excluding weekends and local holidays). Once shipped, approximate delivery times are: 24-72 hours for Spain mainland, 2-4 business days for Balearic Islands. Please note these are estimates, not guarantees. Delivery to remote areas or during peak seasons (e.g., holidays) may take slightly longer. If you require a guaranteed delivery by a certain date or express service, please inquire about available options (there might be an extra charge for express delivery if we offer it). We will communicate with you if we foresee any delay beyond the estimated timeframe.
After we hand the package to the courier, you will receive a shipping confirmation email with a tracking number (if tracking is available) and a link to track the shipment status online. Please allow a few hours for the tracking to become active.
Receipt of Goods: Our deliveries usually occur on weekdays during normal business hours. Ensure that someone is available at the provided address to receive the package. The courier may require a signature. If you are not present, the courier might attempt a second delivery or leave a notice for pickup/re-arrangement. If a parcel is returned to us due to incorrect address or unclaimed by you, we will contact you for further instructions; reshipping may incur additional charges.
When you receive your order, please inspect the package and products as soon as possible. If you notice any damage to the package upon delivery, you should note this on the delivery receipt or handheld device of the courier (e.g., “box damaged”) and, if the damage is significant, you have the right to refuse the delivery. Regardless, please inform us of any issue within 24-48 hours so we can assist. Keep all packaging materials in case a return is necessary.
5. Right of Withdrawal (Returns): If you are a consumer (i.e., a private individual buying outside the course of business), you have the right to withdraw from your purchase without giving any reason, provided you notify us within 14 days from the day you (or someone indicated by you) received the goods. This withdrawal right is in accordance with EU Directive 2011/83/EU on consumer rights and Spanish regulations. To exercise this right, you must inform us of your decision to withdraw by an unequivocal statement (for example, by email to info@artcava.com, or by post to our address). You may use the model withdrawal form (available on request or [attached below, if we provided one]), but it’s not obligatory. It is sufficient for you to send the communication before the 14-day period has expired.
If you withdraw from the contract, we will refund all payments received from you in relation to the returned goods, including the original delivery charges (with the exception of any additional costs resulting from you choosing a delivery method other than the least expensive standard delivery we offered). We will make the reimbursement within 14 days from the day we are informed of your decision to withdraw. However, we may delay reimbursement until we have received the returned goods back, or you have supplied evidence of having sent back the goods, whichever is earlier. The refund will be made using the same means of payment that you used for the initial transaction, unless we have expressly agreed otherwise. In any case, you will not incur any fees as a result of the reimbursement.
You must send back or hand over the goods to us within 14 days from the day on which you communicate your withdrawal to us. You will have to bear the direct cost of returning the goods, unless we have agreed to collect them. We highly recommend using a reliable courier with tracking and perhaps insurance, especially for valuable items, as you are responsible for the goods until they arrive at our facility.
For a withdrawal to be accepted, the goods should be returned in their original condition: unworn, unused, unopened, and with all original packaging, seals, labels, and accessories intact. Specifically for wine and cava bottles, this means the bottles should be unopened with the original seal/cork and labels, and stored appropriately while in your care. If the product’s value is diminished due to handling beyond what is necessary to examine its nature, characteristics, and functioning (for instance, if you open or use a product), we reserve the right to deduct an amount corresponding to that diminished value from the reimbursement, as permitted by law.
Exceptions to the right of withdrawal: The right of withdrawal does not apply in certain cases established by law, such as (but not limited to): goods made to your specifications or clearly personalized; goods that are liable to deteriorate or expire rapidly; sealed goods not suitable for return due to health protection or hygiene reasons that were unsealed after delivery; and alcoholic beverages whose price was agreed at the time of the contract, which can only be delivered after 30 days and whose actual value depends on fluctuations in the market which cannot be controlled by the trader. If you have any questions about whether a product can be returned, please ask us. In our context, standard wines and cavas can be returned if unopened, but if we prepared a custom batch or personalized labeled bottles for you, those would fall under the personalized goods exception (no return unless defective).
How to initiate a return: To simplify the process, you can contact our Customer Service (see section 8 below) and provide your order number and the item(s) you wish to return. We will guide you through the return steps. Typically, we will provide you with the return address and any necessary instructions. Then, you should package the item securely (ideally in the original packaging, including inner protections for bottles) and ship it via your chosen courier. Once we receive and inspect the returned goods, we will process the refund as described.
6. Returns of faulty or incorrect products: This section is separate from the 14-day withdrawal right above and applies when: (a) the product you received is defective or damaged (e.g., a wine bottle is corked, spoiled, or leaked during transit), or (b) we delivered the wrong product (e.g., you received a different wine than what you ordered). In such cases, you are entitled to a replacement or a refund, as described below.
Damaged in transit: If your order arrives with obvious damage (e.g., broken bottle, liquid leakage) or the goods are spoiled due to damage (like oxidation from a compromised seal), please inform us immediately (within 48 hours of delivery if possible) with details and preferably photographs of the issue. We will arrange for a return or pick-up of the damaged item at no cost to you and will offer either a replacement (subject to stock availability) or a full refund, as you prefer. Any replacement will be sent as soon as possible without additional shipping charges.
Product defect or quality issue: If you open a bottle and find that the wine is undrinkable due to a quality issue (for instance, cork taint (TCA) causing a musty odor, or premature oxidation affecting taste), please let us know. We may ask for details of the issue, the lot number on the bottle, etc., to investigate the batch. In many cases, for a corked wine, we will offer to replace the bottle or refund you (given that such issues can occasionally occur naturally). We might request that you return the defective bottle (including the cork) for inspection – if so, we will cover the return shipping. Our goal is for you to enjoy our products as intended, so do not hesitate to reach out if something is wrong with a bottle.
Incorrect product received: If we made a mistake and sent you a product that differs from what is on your order confirmation (wrong item or wrong vintage, etc.), please notify us. We may arrange a swap (we send the correct item and retrieve the wrong one) or simply send the correct item and let you keep the incorrect one, depending on the situation. In any case, you will not bear any extra cost for rectifying our error.
In all the above scenarios, we apologize for the inconvenience. Consumer protection laws ensure that you, as a consumer, have legal rights when products are not as described, not fit for purpose, or not of satisfactory quality. These rights are not affected by our return policy statements. Broadly, under Spanish law, you have a legal guarantee that goods must conform to the contract, and any lack of conformity which becomes apparent within 3 years from delivery (2 years for purchases before 2022) will entitle you to have the product repaired or replaced, or failing that, a price reduction or termination of the contract with refund. However, for consumable items like wine, practical issues (like consumption or natural product variation) mean most issues will be evident much sooner. We stand by the quality of our products and will work with you in good faith to resolve any problem.
7. Warranty and after-sales support: For durable goods or equipment (if any sold via our site, e.g., wine accessories, glassware, etc.), we provide the legally mandated warranty period. For wines and consumables, as mentioned, there is a legal guarantee mainly regarding original defects. In general, if you have any issue with a product, even outside the initial 14 days, please contact us. Our philosophy is to ensure customer satisfaction and uphold our reputation, so we evaluate concerns on a case-by-case basis even if formal legal requirements do not impose a remedy.
8. Customer Service: If you have any questions about a product, need help with the ordering process, want to inquire about an order’s status, or need to report a problem (damage, defect, etc.), please get in touch with our customer service. You can reach us by email at info@artcava.com. We aim to respond within 1 business day. If you prefer to speak by phone, send us your number via email and we will call you as soon as possible (we do not list a fixed customer service line due to our small team, but we are very responsive by email and callbacks). Communication can be in Catalan, Spanish, or English.
9. Force Majeure: ARTCAVA shall not be liable for any failure or delay in performance (such as a delay in shipping or inability to deliver) when such failure is caused by circumstances beyond our reasonable control (“force majeure” events). These may include, but are not limited to, natural disasters, fires, floods, epidemics, strikes or labor disputes, war, acts of terrorism, government actions or regulations, and failures of telecommunication networks. In case of a force majeure event affecting your order, we will notify you as soon as reasonably possible and will do our best to mitigate the situation (for example, by arranging a new delivery date once circumstances permit).
10. Governing Law and Dispute Resolution: These Terms are governed by the laws of Spain. If you are a consumer residing in another EU country, you also enjoy the protection of the mandatory provisions of the consumer law in your country of residence. In the event of a dispute, we encourage you to contact us first to seek an amicable resolution. Additionally, the European Commission provides an Online Dispute Resolution (ODR) platform for resolving disputes out-of-court, which you can access at https://ec.europa.eu/consumers/odr. If a dispute cannot be resolved through dialogue, it will be submitted to the jurisdiction of the competent courts according to applicable law. Typically, this means the courts of the consumer’s domicile for consumer contracts. For non-consumer customers (companies), or in cases where jurisdiction can be agreed, any disputes shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.
11. Language: These Terms are drawn up in multiple languages (Catalan, Spanish, English). In case of any discrepancy or ambiguity between versions, the Spanish version (being the language of the jurisdiction of the company) shall prevail for interpretative purposes, insofar as permitted by law.
By confirming your order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of Purchase. If you have any questions or concerns before purchase, feel free to contact us for clarification.
(Note: Sale of alcoholic beverages is restricted to adults of legal drinking age. By placing an order for any alcoholic product, you affirm that you are at least 18 years old and that the person receiving the delivery is also of legal age. We reserve the right to request proof of age or cancel the order if this condition is not met.)