THE HACIENDAS COMPANY

Terms & Conditions

1. Legal Notice

Please read carefully the following Terms and Conditions.

This Terms and Conditions are only applicable to the online services offered by The Haciendas Company Ltd. through the websites www.the-haciendas.com and www.the-haciendas.com/warehouse (hereinafter “the websites”). Both websites are offered exclusively to both persons and companies that comply with the following requisites (i) being resident in a country were consuming, selling and/or promoting alcoholic drinks is allowed. (ii) being of the minimum age to consume and buy alcohol in your country; and (iii) being allowed to acquire products and services from The Haciendas Company without violating any legal rule.

By accessing The Websites, the pages contained within them, and websites linked, you (“The User”) manifest the understanding and acceptance of this Terms and Conditions. If you do not agree with these Terms, please refrain to access to the websites and pages contained within.

The Users can only use the websites in accordance with the Law.

The Terms and Conditions can be modified any moment, without prior notice. In case of modification, the use of the Websites will be considered as an acceptance of the new Terms and Conditions.

To refer to these terms and conditions the term “T & C” may also be, hereinafter, used.

2. The Company.

The Haciendas Company and The Haciendas are trade names/ trademarks of The Haciendas-Company Ltd. (hereinafter “THC. Ltd”) and/or The-Haciendas-Company Sucursal em Portugal (hereinafter “THC”).

THC Ltd. is a company legally incorporated under the laws of England and Wales, registered under the number 8228267 and whose registered office is in Broken Wharf House, 2 Broken Wharf, EC4V 3DT London (UK). The Haciendas-Company Ltd. is a subsidiary of the Spanish Corporacion Financiera Arco SL, matrix company of the group of companies Arco (www.cfarco.com).

THC is a branch office of The Haciendas-Company Ltd., legally incorporated in Portugal, with registered office in Avenida de la República nº 15 4º piso, 1050-185 Lisbon (Portugal) and NIPC 980486173. THC is dedicated, among other things, to marketing, distribution, wholesale and retail sales and direct sales (both online and offline) of wines and food products and general restoration services such as restaurants, hotels, celebrations and banquets.

THC is commissioned by THC Ltd. the management of the commercial information related The Haciendas Club users or clients, whose members can enjoy exclusive offers, discounts and other advantages when staying in our luxurious hotels, visiting our restaurants or buying our wines and products.

All the products and services offered in the Websites are products or services of THC Ltd. unless pointed otherwise.

3.- License, access and use of the Websites.

Both the Websites and its materials (including, among others, text, code, illustrations, photographies, images, music, audio, video included in the Websites) are property of The Haciendas-Company Ltd. and its licensers. All rights reserved.

Subject to the compliance with these T&C, THC Ltd. allows the users a limited, non exclusive and without the option of further cession or sublicensing, to access the Websites and use them for personal purposes. Commercial purposes are not allowed.

This license does not include the resale or commercial purposes of the products and services included in the Websites or its pages; the acquisition and use of lists or product prices, the download or copy of user account data for other companies, as well as the use of robots or similar tools for data extraction.

THC Ltd. or its licensers, purveyors, editors, right holders and other content purveyors reserve any right not expressly conceded in these Terms and Conditions.

Licenses given by THC Ltd will finish their validity in case of infringement of these Terms and Conditions by the user.

The Websites can only be used to obtain information about The Haciendas Company, its products and services as well as reservations and other purchases allowed. It is strictly forbidden the use of the Websites for any other purpose, including, among others, speculative, fake or fraud reservations, and the purchases and reserves in advance of the demand.

The user agrees not to use any robot, spider or any other automatic or manual mechanism to monitor or copy the Websites or its contents without prior written permission of THC Ltd. and/ or THC, as well as not interfering or trying to interfere in any way with the proper functioning of the Websites. The user agrees, also, not to transfer to THC Ltd. and/or THC and/or the Websites (i) virus, worms and/or other softwares that aim to harm, alter, intercept or improperly control systems, data or information, and (ii) contents that may do that THC and/or THC Ltd incur in liability or that may cause harm to THC and/or THC Ltd. or its business operations.

Reproduction, duplication, sale, distribution, visit or any commercial exploitation of web sites and products and services offered on them, in whole or in part, without our prior written permission is strictly prohibited.

The user agrees to indemnify to THC and/or THC Ltd. for any loss, harm or claim that may arise as a consequence for the misuse of the Websites or any service included within or accessible through them. The user also agrees to indemnify THC and/or THC Ltd due to any breach of this Terms and Conditions.

4.- User Accounts

It is possible that the Users may have to create and account (hereinafter “the user account”) in order to use the Websites and Access to THC Ltd products and services.

The user will be responsible of maintaining the secrecy of his/her user account password in order to limit the Access to his system, and, with the limits allowed by law, agrees to assume the responsibility for every action taken through his account or using his/her password. The User may adopt all appropriate measures to guarantee the confidentiality of his/her password, and will inform us immediately if has any reason to believe that someone may know his password, or that it might be used without permission. The user will also have the responsibility to check that all the information given is correct and complete, as well as also notifying any change in that information.

We reserve the right to deny service, cancelling User Account and erasing or modifying contents in case of any breach of legal regulations, these Terms and Conditions, or any other conditions, guidelines or policies that may be applicable.

5.- Productos y servicios ofrecidos en nuestros Sitios web

  • 5.1 Productos y servicios

(I) The Haciendas Club:

THC Ltd. offers its clients the possibility to become part of the club in its different categories in order to Access especial wine offers, as well as other discounts and advantages specified in the Club Terms and Conditions. Discounts and advantages may differ depending on the category of each associate. THC Ltd. reserves the right to change discounts and/or advantages for others with similar value. THC Ltd. will inform associates of any change with reasonable advance. The vintage year of the wines offered may vary.The annual subscription to the Haciendas Club consist in a single fee paid the day of the inscription. The payment can be executed with a debit or credit card (Visa, MasterCard or American Express) in our Website. The sending of the wines selected is free of charge for associates in the United Kingdom (England, Wales and parts of Scotland), Spain (Peninsular) and Portugal. For the rest of countries, the respective transport fee will be applied. Please, contact our Customer Service department if you wish a budget. In case of wine shippings to: Ceuta, Melilla, Canary Islands, Balear Islands, Isle of Man, Sorling Islands, Scottish Highlands or Scottish Islands or Northern Ireland, please contact our Customer Service Department to receive a budget. Due to custom restriction, we cannot send products to the Channel Islands (Alderney, Guernsey, Jersey, Sark) or the Republic of Ireland. THC Ltd. will send an e-mail to confirm the payment in two labour days since the inscription date. Associates may not cancel their annual subscription after the 14 days legal deadline to exercise their right of cancellation.

In those categories of the Club that offer accommodation in Hacienda Zorita or other establishments, the associates must pay the full annual membership fee in order to benefit from the free accommodation. Reservations must be made in advance and availability is not guaranteed.

Membership fees are subjected to changes in indirect taxes, special taxes or VAT.

(II) Our hotels and restaurants:

The Haciendas Company offers to their clients a wide variety of hotels and restaurants, wheter they are members of The Haciendas Club or not.

Reservations can be made through our Website, sending an e-mail to the members service in the contactus@the-haciendas.com address or calling to our Customer Sevice telephone (902 381 038 in Spain and 0845 60 38 565 for the rest of countries).

(III) The Warehouse

The Warehouse is our online shop. Users can use the Website to buy our products, including not only wines, but also de finest selection of Spanish products, such as cheese, ibéricos, olive oil, etc. (hereinafter, the “Products”)

  • 5.2 Sale Conditions

The sale of THC Ltd. products and services will be ruled by these Sales Conditions, as well as by these Terms and Conditions. Any order implies the acceptance of these Conditions. Please read them carefully.

(i) Our Contract:

Any order is an offer to THC Ltd. For the purchase of the products and/or services indicated within. After receiving an order for the purchase of a product or service, we will send and e-mail confirmation once the payment is performed.

(ii) Right of cancellation and return policy:

Right of cancellation: The users have a fourteen (14) labour days period to cancel the contract without incurring in any penalty and with no need to indicate any reason.

The period to exercise this right will start: (a) for products, the day the consumer receives them, and (b) for services, the day the contract is signed.

Return policy: Our clients satisfaction with the products is very important for us. We ask every client to notify any damage, delivery mistake, quality problem or any other issue calling our Customer Service number (902 381 038 in Spain and 0845 60 38 565 for the rest of countries) or sending and email to contactus@the-haciendas.com.

(iii) Pricing and availability

All indicated prices include VAT. When processing an order, we will inform the User as soon as possible in case of no availability of the product or products ordered. Those products will not be charged. All products and services are subject to availability and vintage changes.

The following handling costs will apply for the purchase made in The Warehouse:

United Kingdom: free handling for every order to the United Kingdom (excluding Channel Islands, Isle of Man, Sorling Islands, Highlands and Scottish Islands, Northern Ireland and Republic of Ireland) over 90 pounds. Orders under 90 pounds will have an additional handling cost of 8,99 pounds for each 12 bottle box and each point of delivery.

In case of wine shippings to: Isle of Man, Sorling Islands, Scottish Highlands or Scottish Islands or Northern Ireland, please contact our Customer Service Department to receive a budget. Due to custom restriction, we cannot send products to the Channel Islands (Alderney, Guernsey, Jersey, Sark) or the Republic of Ireland.

Spain: 4,50 euros for each 6 bottle box.
Portugal: 3 euros for each 6 bottle box.
Other countries: Please ask for a budget sending an e-mail at contactus@the-haciendas.com
Handling costs may vary without prior notice. Handling is free of charge for some special promotions.

(iv) Payment:

Payment can be made by credit/debit card (Visa, MasterCard or American Express)

When processing or transmitting the CVV number or a credit card, The Haciendas Company will follow the PCI Security Standars Council policies regarding Information Security.

Reservations for accommodation in Hacienda Zorita are managed by our company, Small Luxury Hotels of the World™. Payment is done to Small Luxury Hotels of the World™ and out of The Haciendas-Company control.

(v) Customs:

Orders made through the Websites for their handling out of the European Union (EU) might be subjected to taxes and duties, that will be collected once the order arrives at the destiny. The User will be responsible for the costs for custom formalities. Custom policies can differ severely from one country to another. We recommend consulting Custom Authorities for further information. Even when we consider our Users privacy of a key importance, international clients must take into account that their orders might be open and inspected by custom authorities.

(vi) Responsibility and liability:

THC Ltd. Will assume no responsibility for (i) any loss not due to non-compliance from our part, or (ii) any business or commercial damage (including profit loss, revenue, contracts, anticipated savings, data or loss assessment) or (iii) indirect losses or unforeseeable at the time of concluding the contract or sale of products.

Some of these limitations are not allowed in the Laws of some countries. In that case, these limitations will not apply and the client will have these as additional rights.

None of the provisions in these conditions limits or excludes our responsibility and liability for fraudulent representations, or for deaths or personal injuries directly attributable to negligence or willful failure on our part.

We will not be responsible for the delay or non-compliance of any of the obligations provisioned when the causes for that delay or non-compliace are out of our control.

This condition will not affect the right of the client to receive the products in a reasonable time. If the delay is produced before the order is sent to the client, we will not charge any payment until shipping, and the client will be able to cancel the order at any time before the shipping.

6.-Data Protection

Data controller and data processors.

The Haciendas-Company Ltd. – Sucursal em Portugal, registered office in Avenida de la República nº15 4º piso, 1050-185 Lisbon, is the company in charge of managing and processing the personal data as a representation of The Haciendas-Company Ltd. registered under the number 8228267 and whose registered office is in Broken Wharf House, 2 Broken Wharf, EC4V 3DT London (UK), that will be considered as a Data controller for the Data Protection Acts and Laws applicable.

Both companies agree to respect and protect the privacy of their clients and other persons affected against any kind of misuse.

Data given by the User:

When a user visits our Websites, registers or purchases our products and services, it is possible that he/she should supply some information (such as name, contact data, information about his/her credit card). We might also obtain information about the use of our Websites and the Users through the e-mails and letters send (hereinafter Personal Data). Finally, we have the possibility to record the phone calls received in order to maintain our customer service quality and ease our staff formation.

The Users must notify us any change in their personal information in order to keep it updated and error-free.

Use of the Users personal data.

THC Ltd. will use the Users personal data for the following purposes: delivery and billing of products and services requested by the client; customer management; dispute resolution; promotion of our products and services; users profiling for marketing campaigns based on the use of our products, services and web sites by customers; quality control services; market studies. The use and analysis of the data will allow us to manage, improve and develop out activities.

When giving us the phone number or e-mail address data, the Users explicitly allows us to send commercial communications by any system, including sms, mms, email or messages thourgh software apps or social networks. In particular, we can use the personal data of the Users send them information of our product and services, including tourism, accommodation, food and related sectors in accordance with laws and regulations. If the User does not want to receive further commercial communications, he/she can notify it to our customer client service sending an email to contactus@the-haciendas.com.

Users personal data disclosure:

With the aim to guarantee the provision of services and the correct functioning of the Websites, THC Ltd, will be able to allow the access to the User’s personal data or share that information with it employees, representation or companies from the same group with headquarters in European countries with a similar protection level.

(i) United Kingdom: United Wineries Ltd. and Zoritas’s Kitchen Bacchanalia, both with registered office in 2, Broken Wharf House, EC4V 3DT (London); (ii) Switzerland: United Wineries International, S.A. with registered office in 33 Rue des Bains, 1205 Geneva; (iii) Spain: Corporación Financiera Arco, S.L., The Haciendas Warehouse, S.L., The Haciendas Company Spain, S.L. and United Wineries Iberia España S.A.U all with registered office in Maria de Molina 25, 28006 (Madrid) and United Wineries Estates S.A.U., with registered office in Salamanca-Ledesma Road km.12, Valverdón (Salamanca); (iv) Norway: United Wineries AS and The Haciendas Company AS, with registered office in Strandgata 41 (Stavanger); (v) Portugal: The Haciendas Company Ltd.- Sucursal em Portugal, with registered office in Avenida de la República nº15 4º piso, 1050-185 (Lisbon)

The users explicitly allow the transferring of their personal data to the aforementioned companies for the purposes specified in the “Use of the Users Data” section.

In accordance with the regulations of the law, we can also disclosure users information to public entities or organisms, regulation authorities u other persons in accordance with laws, regulations, orders, official requests or similar processes.

Unless otherwise provided by law, we will no disclosure, sell, or distribute to entities or public organisms the information provided by the users without their prior permission.

With the aim to process the orders and other requests, THC Ltd. should provide some client data (name, address, telephone number, etc.) to handling, shipping and logistic companies. In any case, the data provided will be strictly limited to those ones necessary for the order processing.

User Rights:

In addition to the legal requisites, all acquisition and management of personal data procedures maintain strict levels and security measures in order to avoid the loss or manipulation of the information.

Rights of the users:

In accordance to laws and regulations, all THC Ltd clients have the right to access to their personal data and modify them, cancel them or oppose to their use. You can ask for further information in the Customer Service Department calling 0845 60 38 565 or sending an email to contactus@the-haciendas.com , or writing to The Haciendas Company Ltd. – Sucursal em Portugal, Avenida de la República nº15 4º piso, 1050-185 Lisbon (Portugal)

Users personal data security.

We take every technical and organizational measures to avoid the loss, abuse, non allowed use, or alteration of the users personal data. All the personal data we receive is stored in secure servers, protected with passwords and firewalls.

The users accepts that the transmission of data through the Internet is unsafe by nature, so THC Ltd. can not guarantee the security of the data sent through the Internet.

Use of cookies

In addition to those cookies strictly necessary for the navigation through the website, such as session cookies, this website uses analytic and advertising cookies, both owned and third party ones (Google Analytics), that allow the storage o information in the users browser, that can be recovered for future visits.

Google Analytics services are used to measure and analyze the visits to the website. The data obtained will be processed by Google in accordance with the Google Analytics Privacy Policy. Therefore, any right exercised against google cookies must be notified directly to the owners of this website.

By browsing through the website, we consider that the User accepts the use of cookies and IP tracking files, whose use allows THC Ltd. to retrieve data for statistic purposes, such as: date of the first visit, number of visits, date of the last visit, URL and domain where the visit comes from, browser used or screen resolution.

In any case, the User will be able to prevent the installation of cookies or erasing the already existing ones through the configuration of his/her browser, or using specific tools. THC Ltd. does not take any responsibility for the malfunctioning of the website if the cookies are deactivated. The information obtained is completely anonymous, and, in any case, can be linked to an specific and identified user.

These are the instructions to configure cookies in the most used browsers.

Google Chrome
https://support.google.com/chrome/answer/95647?hl=en-GB

Internet Explorer
http://windows.microsoft.com/en-us/internet-explorer/delete-manage-cookies#ie=ie-11

Safari
https://support.apple.com/kb/PH17191?viewlocale=en_US&locale=es_ES

Firefox
https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored#w_delete-cookies-for-a-single-site
https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored#w_delete-all-cookies

7.- Information accuracy

Though we have done all the possible to guarantee the accuracy of the information included in the websites, THC Ltd. does not take responsibilities for any possible error.

No error-free guarantee is given for the information provided in the Websites. In accordance with that allowed by law, and to its extend, THC Ltd. excludes any guarantee regarding the Websites, including, among others, legal inherent quality guarantees, suitability for a determined purpose or adoption of appropriate measures.

The information (including text, images, analysis and offers) might be not accurate as a result of renovations or reparations in the facilities. The Websites might contain typographic errors or omissions. THC Ltd. Will not assume any responsibility for the errors, omissions, or discrepancies between the rooms, facilities or services available and those described in the Websites, being therefore not responsible for the damages that may arise from those. Images have no contractual value.

8.- Customer Service

We consider that it is our duty to solve any questions that may arise to our clients. Our Customer Service department is at your disposal from Monday to Friday between 10:00h and 20:00h GMT, in the following telephone numbers: 902381038 (Spain) or 0845 69 38 565 (Other Countries), in the email address contactus@the-haciendas.com or in the address The Haciendas Company Ltd. - Sucursal em Portugal, Avenida de la República nº 15 4º piso, 1050-185 Lisbon (Portugal).

9- Liability

Even when we are taking every measure available to guarantee the availability of our websites and avoid errors in the transmissions, the nature of the Internet prevents us from offering any guarantee regarding it. The access to the websites might be temporaly suspended or limited in order to repair, maintain, or introduce new products or services, though we will try to limit the frequency and duration of those suspensions and limitations.

THC and/or THC Ltd. will assume no responsibility for (i) any loss not due to non-compliance from our part, or (ii) any business or commercial damage (including profit loss, revenue, contracts, anticipated savings, data or loss assessment) or (iii) indirect losses or unforeseeable at the time of concluding the contract or sale of products.

We will not be responsible for the delay or non-compliance of any of the obligations provisioned when the causes for that delay or non-compliace are out of our control.

This condition will not affect the right of the client to receive the products in a reasonable time. If the delay is produced before the order is sent to the client, we will not charge any payment until shipping, and the client will be able to cancel the order at any time before the shipping.

Some of these limitations are not allowed in the Laws of some countries. In that case, these limitations will not apply and the client will have these as additional rights.

None of the provisions in these conditions limits or excludes our responsibility and liability for fraudulent representations, or for deaths or personal injuries directly attributable to negligence or willful failure on our part.

10. Intellectual property

All the trademarks, logos, designs, service marks, text, graphics, images and compilations of data displayed or accessible on web sites (collectively the "Trademarks") are registered trademarks and / or legally recognized of The Haciendas-Company Ltd. The reproduction or use of trademarks without prior written permission by The Haciendas-Company is strictly forbidden. None of the contained in the Website can be considered as a implicit concession for the user of Trademarks without prior written permission for The Haciendas Company Ltd or any other owner of the trademarks.

11. Hyperlinks policy

Hyperlinks to other websites: All hyperlinks to access other sites from the website are offered bona fide, with the only purpose of offering further options to the visitors. The hyperlinks are ruled by the following conditions:

THC Ltd. assumes no responsibility for the contents (including privacy policies) of other websites or links included within them. No link to other websites controlled by third parties can be considered as a commercial support or recommendation from THC Ltd.

THC Ltd has no control over the contents of other websites, and will not take any responsibility for them or the losses that may arise from their use.

Hyperlinks to the Websites: THC Ltd. thanks the inclusion of links to the Websites controlled by it, as long as they comply with the following conditions:

The links to the Website must not be misleading.

In any case and appropriate text must be provided to describe the link.

The use of the THC Ltd logo or any other THC Ltd. trademark in the hyperlinks to the Website is forbidden without prior permission. The use of frames or similar techniques to show the content of our website is forbidden.

If THC Ltd. asks for the deleting of a hyperlink, these erase must be done as soon as possible.

Hyperlink erase: If you wish a hyperlink from our Websites to be erased, please contact contactus@the-haciendas.com. Nevertheless, unless legal obligation in accordance, the erase will be at our own disposal.

12. Jurisdiction and applicable law.

These Terms and Conditions and any issue regarding them shall be governed in accordance with the laws of England and Wales. Any dispute that may arise related to these Terms and Conditions will be resolved through arbitration consumer courts, mediators or similar institutions to which THC Ltd. that is associated at the time of the dispute, as well as the appropriate Courts in accordance with the laws of England and Wales.