ElixSea Beverages Website & Online Store User Instructions
TERMS AND CONDITIONS
Thank you for visiting www.winesunderwater.com and welcome.
Your use of www.winesunderwater.com online store/website for purchases or any other purpose is subject to the TERMS AND CONDITIONS of Sale that follow (the” TERMS AND CONDITIONS of Sale”) and our separate TERMS AND CONDITIONS of Website Use, which are incorporated by reference. By accessing or using www.winesunderwater.com online store/website, you agree to the TERMS AND CONDITIONS of Use. Please read these TERMS AND CONDITIONS carefully before placing your order and retain a copy of these terms and conditions and your order for future reference. By making a purchase on www.winesunderwater.com online store/website, you agree to the Terms and Conditions of Sale, which will apply to all purchases made through www.winesunderwater.com online store/website. If you do not agree to each of the TERMS AND CONDITIONS of Sale, then you are not authorized to, and may not, make purchases using www.winesunderwater.com online store/website. These TERMS AND CONDITIONS apply to all wines, spirits, oils, foods, or other goods or services supplied by ElixSea Beverages.
CHANGES TO THE TERMS AND CONDITIONS
ElixSea Beverages reserves the right to change the TERMS AND CONDITIONS at any time upon notice to You, to be given by the posting of a new version or a change notice on www.winesunderwater.com online store/website. It is Your responsibility to review the TERMS AND CONDITIONS periodically.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website is provided on an “as is “ and “as available” basis. No representations or warranties of any kind are made, express or implied, as to the operation of www.winesunderwater.com online store/website or the information, content, materials, or products included on www.winesunderwater.com online store/website. You expressly agree that your use of this site is at your sole risk. This website’s owner does not warrant that this website, its servers, or email sent from www.winesunderwater.com online store/website are free of viruses or other harmful components. This website’s owner will not be liable for any damages of any kind arising from the use of www.winesunderwater.com online store/website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
All content included on this site, such as text, graphics, logos, photographs, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of this site’s owner or its content/software suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of this site’s owner and protected by international copyright laws. All software used on this site is the property of this site’s owner or its software suppliers and is protected by international copyright laws.
We ensure that all information gathered on our website is encrypted and secure. If you prefer to purchase wine by phone, please call our retail store in L’Estartit, Spain, to complete your order by phone during business hours, please check our home page for current hours +34 625 959784 Please note that we are on the GMT centrale European time zone (Barcelona). PLEASE NOTE that ElixSea Beverages does not process web orders from Friday afternoon to Monday morning.
All online orders are not considered final until confirmed by the ElixSea Beverages sales department. While we do collect credit card information on our secure website, your credit card will be charged immediately upon order, but the actual order will be confirmed by the sales department from Monday morning –Friday in our retail store in L’Estartit, Spain. We reserve the right to correct all pricing or inventory errors both on the ElixSea Beverages website and on any company printed or digital materials.
TERMS OF SALE
These Terms of Sale (the “Agreement”) constitute a legally binding agreement by and between ElixSea Beverages and you. By placing an order with ElixSea Beverages you represent and warrant that you have read and understood, and agree to be bound by, this Agreement. Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we accept your order and in the case of wines and goods to be delivered to you when we actually despatch the goods to you. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment we accept your order or in the case of delivery of goods, when the goods are dispatched, a contract will be made between you and us. On acceptance of your order (application) for a place at any of our ticketed events, we will email the tickets which you are requested to show upon arrival at the event. PLEASE NOTE that ElixSea Beverages does not process web orders from Friday afternoon to Monday morning.
DESCRIPTION & PRICES
The description and prices payable for the items or services that you order are set out in our price list, brochure, and or website. We reserve the right to change our prices and pass on increases should they be incurred. If by mistake, we have under-priced an item or service, we will not be liable to provide that item to You at the stated price provided that we notify you before we despatch the item concerned or, in the case where we are not dispatching an item, within 7 working days of our acceptance of your order and we may cancel your order provided we refund you any payments you have made. You may agree to the correct price in which case we will proceed with your order. In the event that an item has been overcharged a full refund of the difference will be given. We reserve the right to change our prices. Please refer to the latest price list or our website for all current prices. Please note prices issued in the latest price list or on our website supersede any prices set out in these terms and conditions if they are different. Prices listed for wines are quoted per bottle unless otherwise stated. Prices are subject to currency and market fluctuations, changes in duty and IVA/VAT as well as stock remaining unsold. If any other currency is stated, this is subject to currency fluctuations and is an indication only.
Payment is to be made in full at the time of ordering.
PROMOTIONAL VOUCHERS AND DISCOUNTS
Vouchers and discount codes can only be used online and as stated in the offer. No cash alternative is offered. Promotional vouchers can not be used to buy ElixSea gift vouchers. The voucher is not transferable.
Sale of alcoholic beverages
All customers purchasing wine or recipients of wine shipments should be of legal age to purchase and consume alcohol. ElixSea Beverages makes every effort to ensure that recipients of wine shipments are of legal age. It is against the law to sell or supply alcohol to anyone under 18 years of age in Spain. By placing an order you confirm that you are at least 18 years old.
ORDERS & AVAILABILITY
All wines, spirits, and other goods are subject to availability. When selecting the wines or other goods from our price list we try to ensure that they will remain available throughout the life of the list. However, some items will inevitably go out of stock and we, therefore, reserve the right to select and deliver to you a substitute (of equal or higher value) to the wine you have ordered, to avoid delay in the delivery of orders. If we are unable to supply a particular item or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.
Substitute wines may be used to complete an order if a particular wine is out of stock. In these instances, a member of our staff will endeavor to contact you to explain the situation and, where appropriate, to discuss the possible alternatives. In the absence of instructions to the contrary, an appropriate substitute may be used to complete an order, providing that we are confident it is fully the peer of, and as good value as, the unavailable item.
SHIPPING & DELIVERY
Our aim is to provide a delivery service which is fast, reliable and as cost-efficient as possible. We work very closely with our shippers to ensure complete satisfaction to our customers. Unless you request otherwise, your purchase will be shipped via standard shipping rates. At ElixSea Beverages, all our wines are stored in a temperature-controlled storage area and/or retail premise, and we wish to provide our customers every possible assurance that our fine wines are handled and stored in the best possible conditions while the products are under our control.
The dates of shipping and delivery that ElixSea Beverages may provide its customers are approximations only, and actual shipping and delivery dates may vary.
We deliver to a large number of countries worldwide using a network of experienced wine shippers. Overseas orders may be liable to import taxes in the destination country, which the recipient shall be liable for unless paid in advance at the time of placing the order. Many countries, even within the EU, also require additional customs and excise documentation for the importation of alcoholic beverages. Therefore we recommend that you contact a dedicated international shipper or a local supplier located in the country in question. If in doubt please don’t hesitate to contact us.
RECEIPT OF GOODS
Deliveries should be signed for as ‘Not Examined’ and you should inspect the goods as soon as possible and notify us immediately of breakages or wine shortages. We are unable to guarantee credit or replacements unless we are notified within 3 days of delivery of the order.
STORING & CELLARING TIPS
We recommend storing wines between 7 °C and 18 °C is ideal. The bottle should be on its side, in a horizontal position, in contact with the cork. The humidity level is ideal at 70 percent. The storage space should be dark away from sunlight and away from any machines or vibrations. If the wines have been shipped outside of Spain, we highly recommend that you allow them to acclimate. We suggest laying them down, in ideal storage conditions (stated above), for at least 3-6 months. This said, consider planning ahead for the best drinking results.
All orders that are canceled prior to shipment are subject to a 10% re-stocking fee. Orders may not be canceled once they have been shipped.
RETURN POLICY, REFUNDS & EXCHANGES
ElixSea Beverages is committed to delivering only the best products and services to its customers and guarantees the excellent provenance of the wine it sells. ElixSea Beverages generally cannot accept returns of wine in your possession longer than 3 days, as we have no way of knowing your specific storage conditions. We hope you understand. We will, however, review each request on an individual basis and will contact you promptly upon receipt. If we have made an error, or if you are dissatisfied with your purchase, please contact us immediately via email at
or telephone us at
+34 625 959784
PLEASE NOTE that we are in the GMT centrale European time zone (Barcelona) and that ElixSea Beverages does not respond from Friday afternoon to Monday morning.
Please provide us with your order information and the reason you are dissatisfied. ElixSea Beverages only accepts the return of goods that are defective or the following conditions:
A wine that is leaking on arrival. Incorrect fulfillment, wrong vintage, etc. Shipping problems that are clearly the fault of the shipper, missing wine or cases damaged in transit must be reported to us within 3 days of receipt of advice of dispatch. If you are expecting a delivery and have not received it within the quoted delivery time, please notify us. Cases should be opened and examined on arrival. If this is not possible, the carrier’s sheet must be signed ‘Not Examined’. For such returns, we can offer a replacement of the same item, or we can refund a credit card, or we can issue a store credit. Returns that are not the result of an ElixSea Beverages error are subject to a 10% re-stocking fee. No returns are accepted after 3 days from delivery. ElixSea Beverages prohibits the return of gifts or over-purchases of alcoholic beverages.
These Terms and Conditions will be subject to the laws of Spain. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Spain. Nothing in these terms and conditions limits or excludes your statutory rights as a consumer.
Wines on “PRE-SALES” are wines that, at the time of sale, have not yet arrived in our warehouse. Projected availability dates for these wines are estimates only. ElixSea Beverages has no control over the availability of pre-sales wines, and ElixSea Beverages will not be liable for any loss or damage (including, without limitation, lost profits) arising out or in connection with a pre-sales wine not meeting its estimated availability date. You acknowledge and understand that new or additional federal, state, or local taxes, duties, or fees may be imposed upon your purchase of a pre-sales wine between order confirmation and delivery and that you are solely responsible for such new or additional federal, state, or local taxes, duties or fees.
The Terms & Conditions posted on this site were updated on October 19, 2021.
Contact us for questions related to refunds and returns.