1. DEFINITIONS
1.1. WEBSITE: is the website www.vinotango.com.ar.
1.2. USER: Any person who browses the WEBSITE. The sole use or navigation on the website grants the condition of USER.
1.3. CUSTOMER: Any USER who makes a purchase or uses the site to purchase products or services on the WEBSITE.
1.4. OWNER: Juan Augusto Félix, Cuit 20-22276468-9 with legal address at 488 Estados Unidos Street in the Autonomous City of Buenos Aires (CABA)
1.5. CONTROL PANEL: Section of the WEBSITE accessed by the USER through the use of e-mail and password, which shows personal and private information which can be edited by the CLIENT as required.
1.6. LOGIN or ACCESS DATA: Identification chosen by the CLIENT to register and access the CONTROL PANEL and other functions of the WEBSITE, such as purchasing, subscribing to the newsletter, accessing the shopping cart, etc.
1.7. PASSWORD: Set of characters that serve as proof of identity of the USER, whose knowledge must be exclusive, personal and unique.
1.8. REGISTRATION DATA: Set of personal information of a USER/CUSTOMER, for example, ID card number, residential or commercial address, full name and others.
1.9. VINOTANGO: Brand and fantasy name of the store. It is a registered trademark.
1.10. OWNER and VINOTANGO are used interchangeably in this document.
1.11. GIFTCARD-HOLDER: Any person or institution that has received from a third party or acquired for its own use a GIFT-CARD offered by VINOTANGO. It will be considered indistinctly a USER/CUSTOMER.
2. GENERAL PROVISIONS
2.1. The OWNER describes and communicates to its USERS/CUSTOMERS, the TERMS AND CONDITIONS OF USE of WWW.VINOTANGO.COM.AR, hereinafter the WEBSITE, and of any other website, store or application operated by the owner, which govern for the purposes of their use of said WEBSITE.
2.2. These TERMS AND CONDITIONS OF USE, the PRIVACY POLICY, the PURCHASE, EXCHANGE and REFUND POLICY, as well as any other rules or terms that may be provided or described in the WEBSITE, or in any of its pages, are considered integral parts of these TERMS AND CONDITIONS OF USE.
2.3. By accessing, browsing, consulting, purchasing or any other interaction in WWW.VINOTANGO.COM.AR the user automatically adheres to the provisions contained in this document, called TERMS AND CONDITIONS OF USE, which must be strictly observed. The mere use of the WEBSITE implies the irrevocable and unconditional acceptance by the USER/CUSTOMER of all the terms and conditions set forth herein, assuming the obligation to respect them. If you do not agree with the above, please refrain from using the WEBSITE and/or providing any personal information through it.
2.4. MINIMUM AGE OF PERMITTED USE FOR ON WEBSITE is the legal age for use, browsing/visiting the website, purchase, acquisition, receipt of purchase or shipment, of the products or services displayed on the WEBSITE in the country where the USER/CUSTOMER has his/her legal residence, where he/she receives or sends a purchase, or where performs any type of interaction with the WEBSITE. The USER/CUSTOMER is responsible for knowing such legal age and declares under oath to possess such age.
2.5. OTHER LIMITATIONS OF USE. Any USER/CUSTOMER who has any legal limitation, or who requires any type of supervision, of any kind, related to the products offered on the WEBSITE must refrain from using the WEBSITE. The persons or entities responsible for such supervision or limitation assume full responsibility for the use of the WEBSITE by USERS/CUSTOMERS under their supervision.
2.6. The OWNER reserves the right to modify, update or delete in whole or in part such TERMS AND CONDITIONS OF USE at any time or for any reason whatsoever, without prior notice.
2.7. The contents of the WEBSITE, including these TERMS AND CONDITIONS OF USE, may be updated or modified at any time, and the USER/CUSTOMER shall be responsible for verifying them whenever he/she accesses or uses the WEBSITE again.
2.8. By using the WEBSITE, the USER/CUSTOMER is subject to the laws of the Argentine Republic.
2.9. These TERMS AND CONDITIONS OF USE shall be interpreted in accordance with the legislation applicable in the Republic of Argentina, in the Spanish language.
3. NAVIGATION, ACCESS AND USE OF THE WEBSITE
3.1. In order to view some of the contents available on the WEBSITE, it will be necessary to install JavaScript resources and cookies enabled in the browser. The USER is responsible for installing/enabling such resources in his/her computer equipment, as well as keeping it safe, through the use of security tools, such as antivirus and firewalls.
3.2. When operating on the WEBSITE, the USER/CUSTOMER shall provide true, complete and accurate information. When using the WEBSITE, the USER/CUSTOMER is responsible for the confidentiality of his/her account and password. According to what is specified herein, the USER/CUSTOMER is responsible for everything registered in his/her account.
3.3. The WEBSITE shall provide access to all content 24 (twenty-four) hours a day, 7 (seven) days a week, based on the official time in Argentina. However, continuous or uninterrupted access to the site is not guaranteed. The site may be unavailable from time to time due to technical and/or operational maintenance that requires the removal of the site from the air or makes access to it impossible, acts of God or force majeure, actions of third parties that prevent the availability of the site, interruption or suspension of services provided by telecommunications service providers, occurrence of transmission failures and/or Internet access failures, among others.
3.4.1. The use of the WEBSITE for any activity contrary to law, morality or good customs is prohibited.
3.4.2. You may not use the WEBSITE to upload, post, transmit, or otherwise make available by any means or in any form whatsoever any material or content that could be considered offensive, defamatory, libelous, slanderous, discriminatory, or otherwise objectionable.
3.4.3. You may not use the WEBSITE to publish, transmit, or make available by any means or in any form, content that violates the rights of third parties, including, but not limited to, intellectual or industrial property rights.
3.4.4. You may not use the WEBSITE to modify, interfere with, or disrupt the WEBSITE, servers, or connected networks.
3.4.5. The use of the WEBSITE to disclose or collect personal data of third parties is not permitted.
3.4.6. You may not use the WEBSITE to select or use another person's account.
3.4.7. Use of the WEBSITE for commercial purposes is not permitted without prior written authorization from the OWNER.
3.5. The CLIENT/USER undertakes to keep unharmed the OWNER, VINOTANGO, and any of its registered or unregistered trademarks, for any type of claim, extrajudicial, administrative or judicial, from any third party, for the use of the WEBSITE by the USER/CUSTOMER, or in the event of fines and/or debts of any type based on the performance or activity carried out by the USER/CUSTOMER on the WEBSITE.
3.6. HACKING / THEFT OF PERSONAL DATA. The OWNER assumes no responsibility for any possible hacking of accounts and / or theft and / or use of personal data of USERS / CUSTOMERS.
4. POLICIES
4.1. REGISTRATION AND PURCHASE
4.1.1. The purchase of any product published on the WEBSITE will only be made through the completion of a registration procedure by the USER through its email by entering all personal information required, with which you can then access your CONTROL PANEL. (aca falta algo que no esta traducido...)The USER undertakes to be entirely responsible for any damages that may be caused by the inclusion of any incorrect or inaccurate information provided upon registration, including any expenses that may be incurred by the WEBSITE or the OWNER as a result thereof.
4.1.2. The purchase of any product or service published through the WEBSITE is subject to the approval of the identity of the USER/CUSTOMER, the correct allocation of the credit card or transferred values. The USER/CUSTOMER declares to know and accept that at the moment of confirming the transaction he/she carries out, it will constitute a purchase-sale transaction, applying to the same all the legal rules corresponding to it.
4.1.3. During the registration process, the USER shall create a personal, non-transferable and confidential password. The USER/CUSTOMER shall be responsible for the security of his/her password.
4.1.4. VINOTANGO reserves the right to request supporting documentation or data in case of suspicion or distrust in the USER/CUSTOMER, resulting from the internal fraud control system, which include: differences between USER/CUSTOMER data and credit or debit card payment data; alerts of unusual locations (through IP detection), inconsistencies in filiation data, CUIT numbers or Documents, telephone numbers provided or any other indication that does not allow validating the veracity of the current order. These cases will be treated independently and the USER/CUSTOMER agrees to provide all the information that VINOTANGO considers necessary.
4.1.5. In possible cases of non-compliance with civil and/or criminal liability, USERS/CUSTOMERS who violate these TERMS AND CONDITIONS OF USE will be treated independently. The USER assumes full responsibility and liability for his/her actions on the WEBSITE, and is also liable for any actions that third parties may perform on his/her behalf through the use of the login and password.
4.1.6. The USER/CUSTOMER shall compensate/indemnify VINOTANGO for any damages resulting from his/her actions or omissions that violate the provisions set forth in these TERMS AND CONDITIONS OF USE or in the legal regulations in force.
4.2. DATA PRIVACY
4.2.1. In order to use the WEBSITE efficiently and securely, USERS/CUSTOMERS must provide certain information, such as their name and surname, e-mail account, telephone number, delivery and billing address, without which it would be impossible to provide the services. Therefore, it is required that these data be true and accurate.
4.2.2. Personal data such as payment data, credit card numbers and other required data are collected, stored and duly treated in terms of encryption and computer security by companies other than VINOTANGO. Therefore, VINOTANGO assumes no responsibility whatsoever in this regard.
4.2.3. The WEBSITE may use a tracking system by means of “cookies” or other digital technologies for the correct functioning of the WEBSITE and for other functions for statistical and service improvement purposes. USERS/CUSTOMERS may configure their browser options to limit or restrict the hosting of these cookies or other technologies.
4.3. CONTACT
4.3.1. VINOTANGO will have enabled various types of means of contact, which may be personal or automated, not necessarily available 24 hours a day, 7 days a week, depending on business hours, technological failures, interruptions without prior notice.
4.4. GIFT CARD LEGAL REGULATIONS
4.4.1. The GIFT-CARD may be used or acquired for own or third party use, by and for individuals and/or legal entities, indistinctly.
4.4.2. Whoever or whoever uses, acquires or receives a GIFT-CARD will be considered USER/CUSTOMER and must know and respect all that is expressed in this document called TERMS AND CONDITIONS OF USE. They will also be subject to the limitations of use that may arise from such document.
4.5. PRICES
4.5.1. The prices of the available products included in the WEBSITE shall only be valid and applicable to the WEBSITE and shall not necessarily be applicable to other sales channels used by VINOTANGO. Until the time of acceptance of a purchase, VINOTANGO may modify any information contained on the WEBSITE, including information related to merchandise, prices, stock and conditions, at any time and without prior notice.
4.5.2. Information on products and prices is subject to change without notice. All prices expressed on the WEBSITE include taxes, unless otherwise indicated, and such prices and taxes shall be displayed in accordance with the laws in force in the Republic of Argentina. All prices on the WEBSITE may be expressed in Argentine pesos or other currencies, according to the laws in force in the Republic of Argentina, also depending on the different promotions, functions of use of the WEBSITE, or shipping destination of the purchase. VINOTANGO shall not be liable for any errors in the conversion of prices from one currency to another, since this is part of a service provided by companies other than VINOTANGO. USERS/CUSTOMERS shall have at their disposal contact and communication channels to clarify any kind of doubts or inquiries in this regard before making a purchase.
4.5.3. All prices and promotions are subject to change without prior notice.
4.6. INTELLECTUAL PROPERTY
4.6.1. The mere access to the WEBSITE does not provide the USER/CUSTOMER with any right of use over the content of said site (whether past, current or future content).
4.6.2. The contents displayed on the WEBSITE may not, in any way, be copied, distributed, reproduced or disclosed, in any medium, under penalty of civil and/or criminal liability.
4.7. WARRANTY, CHANGES, REFUNDS, CANCELLATIONS OR PURCHASE REGRET
4.7.1. Warranties, changes, refunds, cancellations or purchase regrets will be possible according to the laws of consumer protection and other laws in force in Argentina.
4.7.2. In the case of payment by PIX or CRYPTO, the customer must provide VINOTANGO with an alternative means to make the refund effective due to purchase cancellation or regret. These means may be PayPal or bank transfer in the case of an account located in Argentina. Refunds in these particular cases cannot be made by international bank transfer.
4.8. QUALITY AND ORIGIN OF THE PRODUCTS
4.8.1. VINOTANGO is committed to offer only first quality products, acquired from its manufacturers or producers, its authorized distributors or sellers.
4.9. LIMITATION OF LIABILITY
4.9.1. The photos, illustrations and descriptions published on the WEBSITE are for illustrative purposes only and do not constitute a contractual object. The vintages of the merchandise purchased and/or delivered may vary from those displayed on the WEBSITE, as well as the appearance of the product and/or label, since wineries usually renew their products.
4.9.2 VINOTANGO disclaims(disclaims...) any liability for damages of any nature that may occur due to the lack of availability or continuity of the operation of the WEBSITE.
4.9.3. The USER/CUSTOMER declares to be aware that due to the dynamism of the WEBSITE and the fact that many consumers may be making transactions at the same time, it may happen that at the time of completing the transaction the product is no longer available. Likewise, a purchase may not be completed depending on the stock of available merchandise and/or because the transaction has not been approved by the credit card issuing entity with which the consumer operates and/or because the site has not obtained the approval of the company hired for such purpose in order to evaluate the user's credit risk, etc.
4.9.4. In the event that the transaction is not confirmed, the WEBSITE shall inform the USER/CUSTOMER of such circumstance by sending an e-mail that shall be sent automatically by the WEBSITE.
4.9.5. VINOTANGO shall not be liable for any type of unavailability or error occurring in the payment process through credit cards, affiliated banks or other payment platforms.
4.9.6. Purchase Cancellation. All purchases made through the WEBSITE are subject to acceptance by VINOTANGO, which means that VINOTANGO may reject the purchase, cancel any purchase, regardless of whether it has been confirmed, with or without reason by VINOTANGO, and without any liability to the USER/CUSTOMER or any other person.
4.9.7. VINTAGES: The vintages of the wines and/or products or services offered on the WEBSITE may not coincide with the product received in the purchase. VINOTANGO only undertakes to deliver the same vintage displayed when expressed in the title with the name of the product.
4.10. DISCOUNTS, PROMOTIONS AND COUPONS
4.10.1 VINOTANGO carries out promotions and discounts through coupons and other means. These may not be permanently in force. The different promotions that may be in force are not cumulative, and there may be exceptions.
4.10.2. It is expressly stated that VINOTANGO is not responsible for the refunds to be made by the Banks issuing credit cards, or by the different means of payment, with respect to the promotions in force, being such entities the only ones responsible for making the corresponding refunds in due time and form.
4.10.3. Promotions, discounts and coupons may not be available to all customers due to commercial reasons.
4.11 DELIVERIES AND SHIPPING
4.11.1. All shipping costs that occur for purchases within the WEBSITE are the sole responsibility of the USERS/CUSTOMERS, unless expressly stated otherwise.
4.11.2. Once the purchase has been dispatched, it is not possible to change the delivery address. The delivery of the goods shall be agreed at the address provided by the USER/CUSTOMER.
4.11.3. Either VINOTANGO or the person designated by VINOTANGO or by the different companies and platforms participating in the delivery, reserve the right to request supporting documentation at the moment of delivery to verify reliably the minimum required age or any other provision or regulation referring to the person receiving the purchase, being able to cancel the delivery if necessary.
4.11.4. Each company participating in the delivery has its own set of laws and rules and regulations for use, and it shall be the sole responsibility of the USER/CUSTOMER to know them or to request them from such companies. VINOTANGO assumes no responsibility for the consequences of the CLIENT'S/USER'S ignorance of such rules.
4.11.5. The costs of the different shipments may vary depending on the quantities purchased and the different options offered by the WEBSITE. It is the responsibility of the CUSTOMER/USER the correct choice for their specific purchase, the shipping destination and the amount of merchandise purchased.
4.11.6. It is the responsibility of the USER/CUSTOMER to verify the details of the delivery addresses prior to the confirmation of the purchase. VINOTANGO reserves the right to suspend a delivery or cancel a purchase if the data provided for the same are not clear and verifiable, or if the CUSTOMER/USER selects a shipping option that does not correspond with the shipping destination or with the merchandise, or the quantity purchased.
4.11.7. The days and times of delivery are those provided by the companies in charge of making the delivery.
4.11.8. The USER/CUSTOMER is responsible for higher costs for deliveries to addresses that were registered or charged with errors in streets and/or numbers or with missing data (e.g.: floor), making it difficult or impossible to deliver the product.
4.11.9. The companies participating in the shipments have regulations regarding the number of visits made, procedures to withdraw or keep the purchase on hold and other rules, which shall be the absolute responsibility of the CUSTOMER/USER to know, request and comply with.
4.11.10. The option of PICK-UP AT THE STORE is of scheduled modality, it does not mean or assure that once the purchase has been made, the merchandise can be picked up immediately. In this case, the delivery terms, days and schedules available for this purpose will apply, which the customer declares to know and respect when making a purchase.
4.11.11 International Shipping. Vinotango will provide the USER/CUSTOMER with a link that will redirect to a wine shipping company for convenience, the USER/CUSTOMER can choose a different one of his/her choice.
4.11.12 Once the shipping service has been purchased, the purchase at VINOTANGO can not be cancelled, nor will any refund be possible.
4.11.13 Once the shipping service has been purchased, the USER/CUSTOMER declares to understand that a commercial relationship with a third party has been established , with a different set of rules and terms of use, and that VINOTANGO will not be responsible of any inconvenience of related to it.
4.11.14 The cost of international shipping is the responsibility of the customer, as well as any procedures, transfers or extra costs.
4.11.15 In the event that an international shipment cannot be made, Vinotango will have no responsibility nor will there be any refund or compensation.
4.11.16. DELIVERY TIMES: The delivery times shown or communicated are indicative and do not constitute a contractual obligation. VINOTANGO will not assume any liability or provide any compensation of any kind for delays or costs associated with such delays.
4.12. REDIRECTING AND THIRD PARTY APPS
4.12.1. The WEBSITE may redirect or suggest redirections to other websites and/or other apps. The client is responsible for making himself aware of their operation and regulations, and shall be responsible for any inconvenience arising from such interaction with these digital agents external to VINOTANGO.
4.13. STOCK AND AVAILABILITY OF PRODUCTS.
4.13.1. The WEBSITE has updated stock; the products that are out of stock will be displayed in such a way. Errors may occur anyway for various reasons, technological, logistical, and the CUSTOMER declares to understand and accept that a purchase may not occur even after being accepted and processed by VINOTANGO and/or the means of payment offered by the WEBSITE.
4.14. CREATING AN ACCOUNT ON THE WEBSITE
4.14.1. The WEBSITE offers the possibility to create an account which is not a requirement for use, browsing or even purchase.
4.14.2. An account on VINOTANGO may or may not have benefits of different kinds, related to its products and/or services. These benefits are not cumulative; there may be exceptions that will be expressly communicated.
4.14.3. Accounts may be categorized for commercial purposes and offer different benefits; the CUSTOMER declares to be aware of this possibility.
4.15. SUSPENSION OR CLOSURE OF ACCOUNT BY VINOTANGO OR BY THE USER/CUSTOMER
4.15.1. The USER/CUSTOMER may cancel his/her account at any time provided that there is no outstanding debt or purchase.
4.15.2. VINOTANGO may cancel, close or suspend an account at any time when there is no sale in process or in transit, without prior notice and without specific reason. The USER/CUSTOMER declares not to be entitled to any type of compensation or indemnification should this occur.
