Terms and Conditions of Use

TERMS OF USE

1. WELCOME TO HTTPS://MASTINELL.COM

, offers you a wine tourism experience in the heart of Penedés through the website https://mastinell.com, and where applicable, through mobile applications and other interactive properties owned and operated by (collectively, the ‘Website’), under the name Mas Tinell.

Access to the Website grants you the status of ‘User’, understanding as User anyone who uses the Website to obtain information about our establishment and the services offered, to make a Reservation or purchase one of our products from the online store (hereinafter, a ‘Reservation’ or the ‘Products’, respectively).

1.1 Get to Know Us

1.2 Acceptance of the Terms of Use

We recommend that you carefully read these Terms of Use before making a Reservation or a 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 information regarding the specific booking conditions displayed on the Website at all times.

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 not make any Reservations or purchases. If you make a Reservation or purchase a Product on behalf of a company, you must know that it will be bound by the same.

2. WEBSITE USE

2.1 Access to the Website

The Website is freely and freely accessible, however, making a Reservation or purchasing a Product may require prior subscription or registration on the Website. In addition, some sections of it may require you to fill out a form or make a payment beforehand, as explained below.

As a User, you agree to use the Website, its content, and its 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 to harm, disable, and/or overload the Website, or to prevent, 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 content up to date. However, at Mas Tinell, we cannot guarantee the complete availability and continuity of access to the Website, or the updating of its content.

2.2 Registration

As we mentioned, 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 in the registration form; and * promptly maintain and 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 cancel your account and deny you current or future use of the Website. The processing of personal data that you provide 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 upon arrival a valid and current official identification document with a photograph (National Identity Document or Passport).

2.3 Website Usage Limitations

By using the Website, you agree not to:

If you do not comply with the provisions of these Terms of Use or any other conditions set forth on this Website, we reserve the right to limit, suspend, and/or terminate your access to it, being able to take any necessary measures for this purpose.

2.4 Security and Password

Your Website password is for your personal use and you should not disclose it to anyone or provide any other person with access to restricted areas of the Website or part of it using your username, password, or other security information.

If there is unauthorized access or use related to your username or password, you must notify us immediately. We may cancel or block your account to protect you, , or other users.

3. RESERVATIONS

3.1 Hotel Reservation

You can make Reservations through the Website for which it is necessary to accept these Terms of Use and the Privacy and Cookies Policy. a. Making a Reservation: We offer you a Booking module so you can send us all the necessary information to process the Reservation. Once the Reservation is made through the module, you will receive an email confirming its validity along with all the corresponding information. If you do not receive the Reservation confirmation or if any data in the confirmation is incorrect, please contact us. We will request a payment as a guarantee when making the Reservation, after which you will receive an email and/or an SMS where you will either have to confirm the Reservation or see the confirmation details. The Reservation will only be guaranteed once we have confirmed it.

b. Conditions for modifying or canceling a Reservation: If you want to modify the Reservation, we will do our best to accommodate your request as long as it is done with a minimum notice, and always subject to availability. You can request the modification by contacting us.

Reservations are non-refundable.

3.2 Restaurant Reservation

a. Making a reservation: We offer you a booking module so you can send us all the necessary information to process the Reservation. Once the reservation is made through the module, you will receive an email confirming its validity along with all the corresponding information. If you do not receive the reservation confirmation or if any data in the confirmation is incorrect, please contact us. We will request a payment as a guarantee when making the reservation, after which you will receive an email and/or an SMS where you will either have to confirm the reservation or see the confirmation details. The reservation will only be guaranteed once we have confirmed it.

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

3.3 Wine Tourism Reservation

a. Making a reservation: We offer you a booking module so you can send us all the necessary information to process the Wine Tourism activities Reservation. Once the reservation is made through the module, you will receive an email confirming its validity along with all the corresponding information. If you do not receive the reservation confirmation or if any data in the confirmation is incorrect, please contact us.

We will request a payment as a guarantee when making the reservation, after which you will receive an email and/or an SMS where you will either have to confirm the reservation or see the confirmation details. The reservation will only be guaranteed once we have confirmed it.

b. Conditions for modifying or canceling a reservation: If you want to change the reservation date or the number of participants, we will do our best to accommodate your request as long as it is done with a minimum notice, and always subject to availability. You can request the modification by contacting us, although you must take into account that the prices are non-refundable.

3.4 Gift

Thank you very much for thinking of us to give a gift to this special person. To formalize the purchase of the gift pack, you must complete the form that we make available for this purpose.

a. Buy a gift pack: Once you have selected the gift pack you want to give, you can confirm the purchase by clicking on the "buy" button or similar. You must review the information you enter and correct any errors before confirming it, as once you make the payment you will not be able to correct them. We will send you a notification confirming the purchase.

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

c. Payment authorization: You must bear in mind that if the payment made is not authorized, we will not be able to process the gift pack.

d. Delivery of the gift pack: We will send you the gift pack to the postal address or email address you have provided. If you have any doubts, please contact us through the usual channels. You must take into account that the gift pack has a validity of one year.

To enjoy the gift, the lucky recipient can make the Reservation through the usual channels by informing that they have the gift pack.

4. PLACING AN ORDER FOR PRODUCTS

You can place orders for Products through the Website, for which it is necessary to accept these Purchase Conditions and the Privacy and Cookies Policy.

4.1 Placing an Order

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

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

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

4.2 Modifying an Order

If you notice that there is an error in any of the data you have entered when placing the order, you can contact us through the customer service channels we provide, and we will do our best to correct it.

4.3 Product Availability

All Products are subject to availability, so if we cannot supply an item due to any difficulty in the supply of products or in the stock, we will refund any amount you have paid.

4.4 Shipping Methods

During the purchase process, we will confirm if we can ship to the delivery address you provide, and if applicable, the available methods and rates. To formalize the order, it is necessary to accept the pre-established shipping method. We will send it to you without any undue delay and in accordance with the following deadlines. Some shipping methods may have additional charges, as specified below:

4.5 Deliveries

For the purposes of these Terms of Use, it will be understood that the delivery has taken place or that the order has been delivered at the moment you or a third party authorized by you acquire physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.

In case it is not possible to make the delivery due to the absence of the recipient, the transport agency will contact you through the usual channels to indicate the next steps for the delivery to 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 withdraw from all or part of your Order for any reason within a period of 14 calendar days from the date of receipt.

To initiate the return process, follow the instructions available on the Website or contact us through the usual channels provided in the "Customer Service" section of these Terms of Use. You can use the withdrawal form template provided 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 making a return, we will refund the value of the Products and the shipping costs, but please note that depending on the place of delivery, return costs may apply. Additionally, if you wish to keep some of the Products from the order, we will not refund the shipping costs.

The refund will be made using the same payment method you used to place the order. Our goal is to process the refund as soon as possible and, at the latest, within 14 days from the date we receive the items back. If you have not received the refund within this period, please contact us, and we will assist you.

When making a return, we will refund the full amount of any Product from an order as long as it has not been damaged, soiled, washed, altered, or used in any way that reduces the value of the item. Please return the item using and including all its original packaging, instructions, and any other accompanying documents if applicable.

4.8 Exceptions

The right of withdrawal does not apply to products that:

4.9 Returns of defective items

Is there a problem with one of the Products from the order? In accordance with applicable European Union legislation on consumer protection, all products must be free from defects, meaning they must conform to the sales contract, be suitable for the intended use, and function like any other product of the same type.

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

For the 3 years following the date of receipt of the order, you may return items in case of a manufacturing defect, but not in cases where the defect results from misuse of the product, improper or inadequate use or storage, or damage caused by impacts.

To proceed with a return of a defective product, please contact us through the channels we provide.

5. PRICE AND PAYMENT

5.1 Fees

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

5.2 Payment methods

To make a Reservation or purchase a Product, you must provide a payment method. The Website may redirect you to third-party platforms to formalize the payment of the Reservation by credit card or another available payment method.

5.3 Updating your payment methods

You can update your payment methods through your account or by contacting us via email at . After each update, you authorize us to continue charging you through the relevant payment method or methods.

6. CUSTOMER SERVICE

For any questions, suggestions, inquiries, or complaints about the Website, a Reservation, or a Product, you can contact our customer service through any of the following means:

Winery:

Hotel, Restaurant, and Wine Tourism:

We will assist you and provide a response as soon as possible, in any case within a maximum period of one month.

7. LIMITATION OF LIABILITY

7.1 Regarding information

The content of the Website is of a general nature and is for informational purposes without guaranteeing its completeness, correctness, currency, or usefulness for a specific purpose.

7.2 Regarding linked third-party content and services

We provide such links, information, and/or services solely for your convenience, and it is your responsibility to read and accept the terms of use and privacy policies published on such linked websites or applications.

In no case does the existence of linked sites, integrations, the presence of plugins, or search mechanisms imply a recommendation or endorsement of the linked sites or their content by HERETAT MASTINELL, S.L.. Therefore, we are not responsible for the content, statements, or services provided by third-party websites.

In any case, we will proceed to immediately remove any link when the content to which it redirects may contravene national or international legislation, morality, or public order. Therefore, if you believe there is a linked website with illegal or inappropriate content, please inform us so that we can take appropriate action.

7.3 Regarding Website availability

We have taken, and will continue to take, all necessary measures, within our capabilities and the state of technology, to ensure the proper functioning of the Website and to prevent the existence of harmful components. However, we will not be liable for any damages that you or third parties may suffer due to the inability to access the Website, as well as 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, software (including the source code), the various elements that make up the website (texts, graphics, photographs, videos, sound recordings, color combinations, etc.), as well as the distinctive signs (logos, trademarks, and trade names) appearing on it, are owned by HERETAT MASTINELL, S.L. or the license holders and are protected by the corresponding intellectual and industrial property rights.

In no case does the use of the Website, making a Reservation, or purchasing a Product imply the transfer of any intellectual and/or industrial property rights over it or its contents.

8.2 Force majeure

The performance by HERETAT MASTINELL, S.L. of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that prevents or delays compliance. The following will be considered as such, in particular, without this list being exhaustive: war, riots, insurrection, social unrest, strikes of any kind, and supply problems not attributable to him.

If a fortuitous event or force majeure occurs, we will inform you within 10 days of its occurrence. In the event that such suspension lasts beyond a period of 30 days, you will have the option to cancel the Reservation and then proceed with its refund under the conditions set forth in these Terms of Use.

8.3 Modification of the Terms of Use

The date of the last update of the Terms of Use appears in the header of this page. We may revise and update these Terms of Use at any time and will notify you through the usual channels, but if they affect material elements, they will not take effect until 14 days after publication.

8.4 Independence and integrity of the clauses

The illegality, invalidity, or ineffectiveness of any of the clauses that make up these Terms of Use will not affect the effectiveness of the rest, as long as the rights and obligations are not fundamentally affected. Such clauses must be replaced or integrated with others that, being in accordance with the law, serve the purpose of those replaced.

8.5 Applicable law and jurisdiction

Access to and use of https://mastinell.com will 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 of Vilafranca del Penedès, Barcelona (Spain) with express waiver of any other jurisdiction that may correspond to them, except in the case that you are considered a consumer, in which case the courts of your domicile will have jurisdiction.

ANNEX I: Model withdrawal form

(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 email address: info@mastinell.com I hereby inform you that I withdraw from my contract for the sale of the following good or provision of the following service:

Consumer and user's signature (only if this form is submitted on paper)

Date:

(*) You can delete what is not applicable.

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