Terms and Conditions of Use

1. WELCOME TO HTTPS://MASTINELL.COM

HERETAT MASTINELL, S.L., offers you a wine tourism experience in the heart of the Penedés region through the website https://mastinell.com, and where applicable, mobile applications and other interactive properties, which HERETAT MASTINELL, S.L. owns and operates (collectively, the 'Website'), in accordance with the following Terms of Use, under the name Mas Tinell.

Access to the Website confers on you the status of 'User', understanding as User the one who uses the Website with the purpose of obtaining information about our establishment and the services offered, to make a Reservation or to buy one of our products from the online shop (hereinafter, a 'Reservation' or the 'Products', respectively).

1.1 About us

• Name or Company name of the owner: HERETAT MASTINELL, S.L.
• VAT number: B62202312}
• Owner's registered address: Avda. Generalitat, 143 Viladecans, Barcelona 08840
• Contact e-mail address: info@mastinell.com
• Commercial Register: Volume 32454, Folio 14, Page B210660, Entry 1.

1.2 Acceptance of Terms of Use

We recommend that you read these Terms of Use carefully before making a Booking or Purchase. The use of the Website or the making of a Reservation or the purchase of a Product by any User implies full acceptance of these Terms of Use, the Privacy and Cookies Policy and the Legal Notice, which are available at the bottom of the Website, as well as all the information relating to the particular booking conditions displayed on the Website from time to time.

If you have any questions regarding the Terms of Use, the Privacy and Cookies Policy or the Legal Notice you can contact us through our usual contact channels and if you do not agree with them, we ask you to leave this page and do not make a Booking or purchase a Product. If you make a Booking or purchase a Product on behalf of a company, you should be aware that the company will be bound by them.

2. USE OF THE WEBSITE

2.1 Access to the Website

The Website is free and open access, however, the making of a Reservation or the purchase of a Product may require prior subscription or registration on the Website. In addition, some sections of the Website may require you to fill in a form or make a payment, as explained below.

As a User, you undertake to use the Website, its contents and services in accordance with these Terms of Use, the Legal Notice, the Privacy and Cookies Policy, as well as the applicable legislation, public order and good customs and not to use it in any way that could damage, disable and/or overload the Website, or that could impede, in any way, its normal use and operation. At Mas Tinell we make a continuous effort to keep the website in good working order, keeping the contents up to date. However, at Mas Tinell we cannot guarantee the complete availability and continuity of access to the Web, or the updating of its contents.

2.2 Registration

As we said, in order to make a Reservation or purchase a Product, we may ask you to provide certain registration data or other information. By continuing with the registration you agree to:

• provide true, accurate, current and complete information on the registration form; and
• maintain and promptly update this information to keep it true, accurate, current and complete.

If we have reasonable grounds to suspect that such information does not meet the above criteria, we reserve the right to suspend or terminate your account and to refuse any and all current or future use of the Site. The processing of personal data that you provide to us through the registration form is governed by our Privacy and Cookies Policy.

In any case, according to Spanish legislation, customers of the establishment will have to show on arrival, a valid and in force official identification document with photograph (National Identity Card or Passport).

2.3 Limitations on use of the Website

By using the Website you agree not to:

• Make a Reservation or purchase a product if you are under 18 years of age. You must take into account that the purchase and supply of alcoholic beverages to persons under the age of 18 is prohibited, and therefore you declare and guarantee that you yourself or, if applicable, the person to whom the products are to be delivered, are resident in a country where we can deliver the Products, are not under the age of 18 and that the legislation of your state of residence and of destination of the Products does not prevent the person who is to receive them from acquiring alcoholic beverages.
• To carry out actions likely to alter, deteriorate, interrupt or damage our electronic systems or those of third parties; as well as not to hinder the access of other users to the Website and its services by means of the massive consumption of the computer resources through which we provide our services.
• Attempt to access the e-mail accounts of other Users or restricted areas of the computer systems of HERETAT MASTINELL, S.L. or third parties and, where appropriate, extract information.
• Infringe our intellectual or industrial property rights or the rights of third parties.
• Reproduce, copy, distribute (or any other form of public communication), transform or modify the contents published on the website.
• Use any robot, spider or other automatic device, process or means for any purpose, including monitoring or copying any material on the Website.
• Bypass any measures we may take to prevent or restrict access to certain areas of the Website.
• Attempt in any other way to interfere with the proper working of the Website.

If you do not comply with the provisions of these Terms of Use or any other conditions contained in this Website, we reserve the right to limit, suspend and/or terminate your access to the Website and may take any action necessary to do so.

2.4 Security and password

Your password to the Webite is for your personal use only and you should not disclose it to anyone else nor should you provide any other person with access to the restricted areas of the Website or any part of the Website using your username, password or other security information.

If there is any unauthorised access to or use of your username or password you must notify us immediately. We may terminate or block your account to protect you, HERETAT MASTINELL, S.L. or other users.

3. RESERVATIONS

3.1 Hotel Booking

You will be able to make Reservations through the Website for which it is necessary that you accept these Terms of Use and the Privacy and Cookies Policy.

a. Make a Reservation: We provide you with a Reservation module so that you can send us all the information necessary to process the Reservation. Once the Reservation has been made through the module, you will receive an email confirming the validity of the Reservation along with all the corresponding information. If you do not receive confirmation of the booking or if any of the information in the confirmation is incorrect, please contact us. We will ask you for a payment as a guarantee when you make the booking, after which you will receive an email and/or SMS where you will either have to confirm the booking or you will see the confirmation details of the booking. The Booking will only be guaranteed when we have confirmed it to you.

b. Conditions for modifying or cancelling a Booking: If you wish to modify a Booking, we will do our best to accommodate your request as long as it is made with a minimum of notice, and subject to availability. You can request the modification by contacting us.

Bookings are non-refundable.

3.2 Restaurant Reservations

a. Make a reservation: We provide you with a reservation form so that you can send us all the information necessary to process your reservation. Once the reservation has been made through the module, you will receive an e-mail confirming the validity of the reservation along with all the corresponding information. If you do not receive the booking confirmation or if any of the information in the confirmation is incorrect, please contact us. We will ask you for a payment as a guarantee at the time of booking, after which you will receive an email and/or SMS where you will either have to confirm the booking or you will see the booking confirmation details. The booking will only be guaranteed once we have confirmed it to you.

b. Conditions for modifying or cancelling a reservation: If you wish to modify the reservation date or the number of guests, we will do our best to accommodate your request as long as it is made with a minimum of notice, and always subject to availability. You can request a change by contacting us. Reservations are non-refundable.

3.3 Enotourism Reservations

a. Make a reservation: We provide you with a reservation module so that you can send us all the information necessary to process the reservation of the wine tourism activities. Once the booking has been made through the module, you will receive an email confirming the validity of the booking along with all the corresponding information. If you do not receive confirmation of the booking or if any of the information on the confirmation is incorrect, please contact us.

We will ask you for a payment as a guarantee at the time of booking, after which you will receive an email and/or SMS where you will either have to confirm the booking or you will see the booking confirmation details. The booking will only be guaranteed once we have confirmed it to you.

b. Conditions for modifying or cancelling a booking: If you wish to change the booking date or the number of participants, we will do our best to accommodate your request as long as it is made with a minimum of notice, and subject to availability. You can request a change by contacting us, although please note that prices are non-refundable.

3.4 Make a gift

Thank you very much for thinking of us to make a gift to this special person. In order to formalise the purchase of the gift voucher you must complete the form that we put at your disposal for this purpose.

a. Buy a gift voucher: Once you have selected the gift voucher you want to make, you can confirm the purchase by clicking on the "buy" button or similar. You must check the information you enter and correct any errors before confirming the purchase as once you have made the payment you will no longer be able to correct them. We will send you a notification confirming the purchase.

b. Modification or cancellation of a gift voucher: Once you have confirmed the purchase of the gift voucher and payment has been authorised, you will not be able to modify, cancel or request a refund.

c. Payment Authorisation: Please note that if your payment is not authorised, we will not be able to process the gift voucher.

d. Delivery of the gift voucher: We will deliver the gift voucher to the postal or email address you have provided. If you have any questions, please contact us by the usual means. Please note that the gift voucher has an expiry date of one year.

In order to enjoy the gift, the lucky person can make the reservation by the usual means, communicating that he/she has the gift voucher.

4. ORDERING PRODUCTS

You will be able to order Products through the Website for which it is necessary that you accept these Conditions of Purchase and the Privacy and Cookies Policy.

4.1 Placing an Order

To place an order for a Product, you must follow the online checkout procedure and confirm your order to complete it. After this, you will receive an email confirming that we have successfully received your order along with all the relevant information.

If you do not receive the order confirmation, please check that the payment has been made correctly to your bank account. If the payment is confirmed, check your junk or spam mail. It should be there. In any other case, do not hesitate to contact us by the usual means.

Any personal data or information you provide us with to place an order will be treated in accordance with the Privacy and Cookies Policy.

4.2 Amending an order

If you detect that there is an error in any of the data you have entered when placing the order you can contact us by the means that we indicate customer service and we will do everything possible to amend it.

4.3 Product availability

All Products are subject to availability, so if we are unable to supply you with an item because of any difficulty in supply or stock, we will refund any amount you have paid.

4.4 Delivery options

During the purchase process, we will confirm whether we can deliver to the delivery address you specify, and if so, the available delivery methods and rates, if applicable. In order to complete your order, you will need to accept the delivery method you have chosen, and we will send it to you without undue delay and in accordance with the following deadlines. Some delivery methods may incur additional charges, as specified below:

• Home delivery on the peninsula, 2-3 working days and at a cost of 6€. Free delivery on orders with a minimum order value of €60.
• Free pick up at the shop in Vilafranca del Penedés.

4.5 Deliveries

For the purposes of these Terms of Use, it will be understood that delivery has taken place or that the order has been delivered at the moment in which you or a third party authorised by you acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

In the event that delivery is not possible due to the absence of the addressee, the transport agency will contact you by the usual means to indicate the next steps so that the delivery can be made.

4.6 Returns

Have you changed your mind? No problem. In accordance with European Union legislation on consumer protection, you have the right to cancel all or part of your order for any reason within 14 calendar days from the date of receipt of your order.

To initiate the return process, follow the instructions we provide on the Website or contact us through the usual channels that we provide and that we tell you about in the "Customer Service" section of these Terms of Use. You can use the model withdrawal form that we provide at the end of the Terms of Use in ANNEX I to exercise your right of withdrawal, although it is not necessary.

4.7 Refunds

When you make a return, we will refund the value of the Products and the shipping costs but please note that depending on the place of delivery, you may be charged a return shipping fee. In addition, if you want to keep some of the Products in your order, we will not refund the delivery costs.

The refund will be made to the same payment method you used to place the order. We aim to issue the refund as soon as possible and at the latest within 14 days of receiving the goods back. If you have not received a refund within this period, please contact us and we will help you.

When making a return we will refund you the full amount of any Product in an order provided it has not been damaged, soiled, washed, altered or used in any way so that the value of the item has been reduced. Please return the item using and including all original packaging, instructions and any accompanying documents.

4.8 Exceptions

The right of withdrawal does not apply to products which:

• By their nature are likely to deteriorate or expire rapidly;
• Are sealed and cannot be returned for reasons of health protection or hygiene if the seal has been removed, such as certain underwear, swimwear, piercing jewellery, face masks, beauty products and cosmetics; and
• Are personalised.

4.9 Returns of Defective Goods

Is there a problem with one of the Products in the order? Under applicable European Union consumer protection legislation, all Products must be free from defects, which means that they must be in conformity with the contract of sale, fit for their intended use and function like any other product of the same type.

Depending on the Product and the defect, we give you the option to repair or replace it with a new one. If this is impossible or would lead to disproportionate costs, we will offer you a price reduction or refund, whichever you prefer.

During the 3 years following the date of receipt of the order, you may return goods if they have a manufacturing defect, but not in cases where the defect is due to misuse of the product, improper or inadequate use or storage, or damage caused by knocks.

In order to return a defective product, please contact us through the channels that we put at your disposal.

5. PRICE AND PAYMENT

5.1 Prices

The prices are those indicated on the Web and may be updated at any time and without notice. These prices include VAT or other indirect tax, although the municipal tax must be paid at the establishment.

5.2 Methods of payment

To make a Reservation or purchase a Product you must provide a method of payment. The Website may redirect you to third party platforms for you to formalise the payment of the Reservation by credit card or other available payment method.

5.3 Updating your payment methods

You can change your payment methods through your account or by contacting us by email . After each update, you authorise us to continue charging you via the relevant payment method(s).

6. CUSTOMER SERVICE

For any doubt, suggestion, query or complaint about the Web, a Reservation or a Product, you can contact our customer service, by any of the following means:

Cellar:

• By e-mail: info@mastinell.com
• By Postal mail at the following address: +34 938170586}
• Schedule: de 10:00h a 18:00h}

Hotel, Restaurant and Wine Tourism:

• E-mail: info@oliviahotels.es
• Postal mail at the following address: Avenida Generalitat, 143 Viladecans 08840 Barcelona
• Telephone: (+34) 93 316 87 00

We will respond as soon as possible and in any case within a maximum period of one month.

7. LIMITATION OF LIABILITY

7.1 Information

The content of the Website is of a general nature and has an informative purpose and we do not guarantee its completeness, correctness, validity or usefulness for a specific purpose.

7.2 On the contents and services of linked third parties

We provide such links and information and/or services solely for your convenience and it is your responsibility to read and accept the terms of use and privacy policies posted on such linked websites or applications. In no event does the existence of linked sites, integrations, the presence of plugins or search engines imply any recommendation or endorsement of the linked sites or their content by HERETAT MASTINELL, S.L.. We are therefore not responsible for the content, statements or services provided by third party websites.

In any case, we will proceed to the immediate withdrawal of any link when the contents to which it redirects may contravene national or international legislation, morality or public order. That is why in the event that you consider that there is a linked website with illegal or inappropriate content, we ask you to inform us so that we can take the measures we deem appropriate.

7.3 Availability of the Website

We have adopted, and will continue to adopt, all necessary measures, within our possibilities and those of the state of technology, to guarantee the correct functioning of the Web and to avoid the existence of harmful components. However, we shall not be liable for any damages that may be caused to you or to third parties by the impossibility of accessing the Web, or by the presence of viruses, worms or other harmful elements.

8. MISCELLANEOUS PROVISIONS

8.1 Intellectual and/or industrial property

The design of https://mastinell.com as well as the databases, the software (including the source code), the different elements that make up the website (texts, graphics, photographs, videos, sound recordings, colour combinations, etc.), as well as the distinctive signs (logos, registered trademarks and commercial names) that appear on it are the property of HERETAT MASTINELL, S.L. or the licence holders and are protected by the corresponding intellectual and industrial property rights. Under no circumstances does the use of the Web, the making of a Reservation or the purchase of a Product imply the transfer of any intellectual and/or industrial property right over the same or its contents.

8.2 Force majeure

The performance by HERETAT MASTINELL, S.L. of all or part of its obligations shall be suspended in the event of an act of God or force majeure preventing or delaying performance. The following shall be considered as such, in particular, without this list being exhaustive: war, riots, insurrection, social disturbances, strikes of any kind and supply problems not attributable to it.

In the event of an act of God or force majeure, we will inform you within 10 days of its occurrence. In the event that such suspension lasts longer than 30 days, you will have the possibility of cancelling the Reservation and we will then proceed to reimburse you in accordance with the conditions set out in these Terms of Use.

8.3 Modification of the Terms of Use

The date on which the Terms of Use were last updated appears at the top of this page. We may revise and update these Terms of Use at any time and will notify you by the usual means, but to the extent they affect material elements they will not take effect until 14 days after they are posted.

8.4 Independence and completeness of clauses

The unlawfulness, invalidity or ineffectiveness of any provision of these Terms of Use shall not affect the effectiveness of the remaining provisions, provided that the rights and obligations are not materially affected. Said clauses must be replaced or integrated with others that, being in accordance with the law, respond to the purpose of those replaced.

8.5 Applicable law and jurisdiction

Access to and use of https://mastinell.com shall be governed by the provisions of Spanish law. Any dispute or controversy between the user and HERETAT MASTINELL, S.L. will be resolved by the courts and tribunals of the city of Vilafranca del Penedès, Barcelona (Spain) with express waiver of any other jurisdiction that may correspond to them. The European Commission offers a platform for alternative dispute resolution, which can be accessed from here.

ANNEX I:

(only complete and send this form if you wish to withdraw from the contract) (only complete and send this form if you wish to withdraw from the contract). To the attention of HERETAT MASTINELL, S.L., Avda. Generalitat, 143 Viladecans}, Barcelona 08840 and e-mail address: info@mastinell.com

I hereby give you notice that I withdraw from my contract for the sale of the following good or provision of the following service:

• Ordered on/received on (*)
• Name of the consumer and user: (*)
• Address of the consumer and user: (*)

Signature of the consumer and user (only if this form is submitted on paper) Date: (*) You can delete what does not apply.