TERMS AND CONDITIONS OF USE AND PURCHASE
- INTRODUCTION
GRUPO OSBORNE, S.A.U. (hereinafter, "OSBORNE"), a Spanish company with tax ID A-11535564 and registered office at Calle Fernán Caballero 7, 11500 El Puerto de Santa María, Cádiz, registered in the Commercial Registry of Cádiz, Volume 1528, Folio 73, Sheet CA-21487, informs about the general terms of use of this website (www.cincojotas.com/en) and the purchase of products on it (hereinafter, the "Terms and Conditions of Use and Purchase").
Please read these Terms and Conditions of Use and Purchase and our Privacy and Cookies Policies ("Privacy and Cookies Policies") carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and Conditions of Use and Purchase and by our Privacy and Cookies Policies. If you do not agree with these Terms and Conditions of Use and Purchase or with our Privacy and Cookies Policies, you should not use this website.
If you have any questions regarding the Terms and Conditions of Use and Purchase or the Privacy and Cookies Policies, you may contact us through our contact channels.
- ACCESS AND USE CONDITIONS
By using this website and placing orders through it, you assume responsibility for the use of the portal. This responsibility extends to any registration required to access certain services or content; for this purpose, the user will be responsible for providing truthful and lawful information. As a result of this registration, the user may be provided with a password, for which they will be responsible, committing to use it diligently and confidentially.
OSBORNE shall not be responsible for opinions expressed by users through any participation channels that may be established, reserving the right to remove any comments or contributions deemed inappropriate for publication according to the above considerations.
We reserve the right to deny you access to our website or to cancel your account if your behavior constitutes a breach of these Terms and Conditions of Use and Purchase or of applicable law.
OSBORNE will take any legal actions that may be appropriate due to non-compliance with these conditions as well as any misuse of its website.
OSBORNE shall not be responsible for any computer or other types of damage or harm that may result from a user accessing the contents of this site, such as, by way of example: errors or omissions in the content, unavailability of the portal, interruption of website operation and/or its services, or the transmission of viruses or malicious software in the content, despite having adopted all necessary technological measures to prevent it. Nevertheless, when reasonably possible, OSBORNE will provide prior notice of any interruptions in the operation of our website and services.
OSBORNE does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the user’s computer system, electronic documents, or files. Consequently, our organization is not liable for any damage or harm that such elements may cause to the user or third parties.
OSBORNE shall not be directly or indirectly responsible for links, such as hyperlinks, banners, or buttons, which allow users to access websites, services, or offerings provided by third parties not owned or controlled by OSBORNE, nor shall it be responsible for the information contained therein or any effects that may arise from such information.
- PURCHASE CONDITIONS
We remind you that our website has implemented all measures so that you can make your purchases safely and securely. When making a payment, all personal information and data you send from your computer or mobile device are transmitted encrypted to our server using a standard 128-bit encryption method known as SSL (Secure Socket Layer).
You can use Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay, and Bizum as payment methods (subject to availability and operation of each bank and its app). Payments by bank card are made through a secure and encrypted connection, so your banking data is only processed by the bank and is not stored or handled by us.
3.1. Preliminary Information
The commercial relationship is established between the website buyer (hereinafter, the "Customer") and OSBORNE, which may manage the purchase, invoicing, delivery, complaints, and after-sales service through third-party service providers.
The commercial relationship between the Customer and OSBORNE, including the purchase of any goods and products offered on the website (hereinafter, the "Products"), is governed by these Terms and Conditions of Use and Purchase.
We reserve the right to modify the Terms and Conditions of Use and Purchase at any time, without the modifications having retroactive effect.
Any inquiries, suggestions, complaints, or claims regarding the online sale of Products can be made through http://www.cincojotas.com/en/contact.
When the website receives complaints or claims from the Customer, through any available means, it will process them as quickly as possible and never longer than 14 days from receipt.
3.2. Website Access and Use
To purchase Products on the website, Customers must complete the corresponding electronic form available on the site, following the instructions provided and committing to provide only accurate and truthful data to manage the purchase process, customer service, newsletter delivery, loyalty, and determination of consumption preferences or, if applicable, manage product availability alerts of interest.
If the Customer wishes to register, they must also select a username and password, which are security elements that allow purchases on the website and facilitate identification for future purchases, access to purchase history, and management of preferences and notifications. These data are confidential, personal, and non-transferable.
Once registered, the website will send a confirmation of registration to the email address provided by the Customer.
The Customer is solely responsible for the proper custody and confidentiality of the password, and it will be understood that any third party using it does so with the Customer's consent and on their behalf.
All purchases of Products on the website, following identification and authentication through the username and password, will be considered validly made by the Customer and binding, so the Customer will be solely responsible for any purchases made with their username and password.
Customers must always be of legal age. The website reserves the right to reject a purchase if there is any indication that it may be made by a minor.
The sale of Products on the website is not directed at customers in the HORECA sector (Hotels, Restaurants, and Catering), so potential HORECA customers should refrain from making purchases through the website. OSBORNE reserves the right to reject these transactions.
Use of the website, browsing, and/or purchasing any Product implies full and unconditional acceptance of these terms and conditions by the Customer. If the Customer does not wish to accept all or any of the applicable Conditions, they may simply refrain from accessing or using the website.
The legal relationship arising from registration as a Customer on the website is of indefinite duration, without prejudice to the fact that both the Customer and OSBORNE may terminate or suspend it unilaterally at any time without any reason other than their expressed will to the other party. This termination or suspension does not affect any obligations arising from previous purchases or orders.
3.3. Product Information and Availability
The Products that can be purchased on the website are those that, along with their essential characteristics and price, are published on the website at any given time. Before confirming the order, applicable shipping costs according to these terms and conditions will also be shown.
Promotions will be properly indicated as such.
All orders and purchases on the website are subject to effective availability at the time of purchase.
3.4. Prices and Shipping Costs
The price of each Product will always be displayed in the applicable currency and will include, where appropriate, all relevant taxes. If the website identifies an error in the price of the Products, it will inform the Customer, who will have the option to confirm the order at the correct price or, alternatively, cancel it at no cost.
The price of the Products does not include shipping costs, which will be borne by the Customer, unless otherwise stated. The Customer will be duly informed of these costs, which will be itemized before confirming the order and payment.
The prices and shipping costs listed on the website apply exclusively to Products offered through the website and for the time they remain published. The website expressly reserves the right to modify prices at any time by publishing them on the website. However, the rates in effect at the time of the order will apply to each order.
Shipping costs will depend on the Product purchased, the destination of the Products, and the shipping method selected by the Customer, among other factors.
Our Products stand out for their quality. To guarantee it and maintain the necessary storage conditions, during the summer period (from June to September, inclusive), orders verified after 12:00 p.m. on Thursday will not be prepared until the following Monday to ensure product quality during transport.
The User can choose the shipping method (Standard or Express when available) and may qualify for free shipping from a certain purchase amount and depending on the delivery destination, always associated with standard shipping. Shipping rates can be consulted in the tables below:
For orders within national territory:
Order Amount: Up to €50
• Peninsula
– Standard Shipping: €6.49
– Express Shipping: €9.48
• Balearic Islands
– Standard Shipping: €38.90
• Ceuta/Melilla
– Standard Shipping: €79.90
• Canary Islands
– Standard Shipping: €8.50
Order Amount: €50 to €80
• Peninsula
– Standard Shipping: €7.49
– Express Shipping: €10.48
• Balearic Islands
– Standard Shipping: €38.90
• Ceuta/Melilla
– Standard Shipping: €79.90
• Canary Islands
– Standard Shipping: €9.90
Order Amount: Over €80
• Peninsula
– Standard Shipping: FREE
– Express Shipping: €2.99
• Balearic Islands
– Standard Shipping: FREE
• Ceuta/Melilla
– Standard Shipping: FREE
• Canary Islands
– Standard Shipping: FREE
For international orders (European Union countries only):
Order Amount: Up to €50
• Western Europe: €14.90
• Eastern Europe: €49.90
Order Amount: €50 to €100
• Western Europe: €14.90
• Eastern Europe: €59.90
Order Amount: €100 to €150
• Western Europe: €39.90
• Eastern Europe: €79.90
Order Amount: €150 to €200
• Western Europe: €49.90
• Eastern Europe: €99.90
Order Amount: €200 to €250
• Western Europe: €55.90
• Eastern Europe: €119.90
Order Amount: Over €250
• Western Europe: FREE
• Eastern Europe: FREE
*Western Europe: France, Italy, Belgium, Monaco, Austria, Ireland, Denmark, Sweden, Norway, Finland, Greece, Germany, Netherlands, Luxembourg.
**Eastern Europe: Czech Republic, Slovakia, Slovenia, Hungary, Poland.
***Portugal = Spanish Peninsula
Express Service:
Only available in mainland Spain. The price is an additional €2.99 (VAT included) over the standard shipping cost.
Express shipping is only available for mainland Spain; international orders, as well as orders to the Canary Islands, Balearic Islands, Ceuta, or Melilla, cannot be sent via express.
If the order is split into multiple deliveries, the express shipping option will be disabled.
SERVICE FEATURES
Delivery times may vary depending on item availability, as well as during high-activity periods such as the Christmas season. The published delivery times are not guaranteed. Under no circumstances will the amount paid for express shipping (or standard shipping for orders under €80, or international orders under €250) be refunded for delays in orders placed during the Christmas period, from December 1st to January 6th.
Due to warehouse operations, all purchases made after 12:00 p.m. will have an additional day added to the delivery time. During high-activity periods such as the Christmas season, preparation times may be affected due to the high volume of orders.
Deliveries are made on business days (excluding Saturdays), and the stated delivery times refer to business days, not calendar days.
Any customs duties, if applicable, will be borne by the recipient at the time of purchase on the online store, never at the delivery destination.
Return and Shipping Refunds
For services with return due to failed deliveries or customer rejections (not product returns), return shipping costs will be billed as a new shipment. Returns will have the same cost as the original shipping.
It is essential that any anomalies are noted on the delivery slip upon receipt of the product.
3.5. Purchase Process
To purchase products, the Customer must select the desired product and add it to the Shopping Cart, following the instructions on the website.
Once the purchase is completed, OSBORNE will send the Customer a confirmation email, which will serve as proof of purchase.
The Customer may request the corresponding invoice via http://www.cincojotas.com/en/contact. The order confirmation and proof of purchase are not valid as invoices.
By using this website, the Customer declares to be of legal age and that they meet the minimum legal age for purchasing and consuming alcoholic products in their location. Any false declaration and purchase made without meeting this requirement will make the Customer solely responsible for any legal consequences.
3.6. Payment Methods
The Customer must follow the instructions provided on the website. Payment for products and shipping costs can only be made using the payment methods available on the website at the time of purchase.
Use of any payment method is subject to verification and authorization by the respective payment provider. If the payment is not authorized, the order will be automatically canceled.
Once payment is authorized, the charges for products, taxes, and shipping costs will be applied at the time of order confirmation.
The website uses a secure e-commerce payment gateway. Customer payment data is encrypted and stored on a secure server according to "Secure Socket Layer" protocol and is not retained beyond the payment process and the withdrawal period.
3.7. Shipping and Delivery of Products
The website may offer different types of shipping methods. Availability depends on various factors, including product type and stock, and is not guaranteed at all times.
Available shipping options may include:
- Standard Shipping
- Express Shipping
The Customer will select their preferred delivery method from the available options. Shipping costs and estimated delivery times will be indicated during the purchase process.
For home delivery, addresses must be a physical location; PO boxes or public places are not permitted. Changes to shipping information must be requested via http://www.cincojotas.com/en/contact, which may delay delivery.
Standard Shipping: 1–3 business days in Spain (10 days for islands), 1–3 days in Portugal (10 days for islands), 3–6 days in Europe, excluding weekends and public holidays. Orders verified after 12:00 p.m. are processed the next day. From June 1 to September 30, orders are not prepared on Fridays; shipping time counts from the following Monday.
Express Shipping: up to 24 hours in Spain and 72 hours in Europe, excluding weekends and public holidays, with the same rules regarding cut-off time and summer schedule as Standard Shipping.
Delivery times may vary due to stock availability and high-demand periods like Christmas. No refunds for missed deadlines during December 1–January 6.
If delivery is attempted and fails, a second attempt will be made. If delivery still fails, the product will return to the website, with shipping costs borne by the Customer. Refunds for undelivered products will use the original payment method.
The proof of purchase is sent by email at the time of purchase. The delivery note accompanies the goods and does not contain pricing information.
If delivery is not completed within the agreed timeframe, the Customer may request delivery within an additional reasonable period. Failure to deliver within this period allows the Customer to terminate the contract, and OSBORNE will refund amounts paid as soon as possible.
Durable products are accompanied by a warranty stating the product, warranty provider, duration, claim procedures, and any additional legal rights.
It is essential that any anomalies are noted on the delivery slip upon receipt of the product.
NOTE: Shipping times count business days only. Orders after 12:00 p.m. are processed the next day. From June 1 to September 30, orders are not prepared on Fridays.
3.8. Withdrawal
Customers may cancel their purchase without justification by withdrawing from the contract.
Returns can be requested via http://www.cincojotas.com/en/contact.
The Customer has 14 calendar days from receipt to notify the website of withdrawal.
Products must be returned in perfect condition, in original packaging, and properly protected. Returns are refunded using the original payment method. Return shipping costs are equivalent to standard shipping, unless otherwise specified. The website reserves the right to charge for products not in perfect condition.
Withdrawal is not allowed for: (i) customized products; (ii) expired products; (iii) products not in perfect condition; (iv) products prone to spoilage within 14 days.
3.9. General Warranty
For warranty claims under Spanish law, the Customer must request collection of defective products within two months of noticing the defect, or one month for perishable products, providing details in writing.
3.10. Product Quality Guarantees
Products indicate best-before dates and storage conditions. Only verified quality defects, not subjective opinions on taste or appearance, are considered defects. Claims must be submitted via http://www.cincojotas.com/en/contact. The Customer must request collection within one month of receipt or defect discovery. Products manipulated or under 80% of original weight/content are not eligible for claims.
If defects are confirmed and not due to the Customer, OSBORNE will replace the product at no cost. If defects are due to the Customer or the product is in good condition, the Customer bears shipping costs for collection and return.
3.11. Applicable Calendar
All deadlines refer to Spain’s national working calendar.
- PERSONAL DATA PROTECTION
Personal information provided by users will be processed according to the Privacy and Cookies Policies. By using this website, the user consents to this processing and declares the information provided is accurate.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
OSBORNE owns this website and all intellectual and industrial property rights therein unless explicitly stated otherwise. Content includes databases, trademarks, logos, images, graphics, text, HTML code, audio, video, software, and any creations expressed by any means. No part may be copied, altered, or transmitted without OSBORNE’s express authorization.
OSBORNE grants no licenses or rights. Users causing copyright or industrial property violations may be liable for damages, legal costs, fines, and related expenses.
- ENTIRE AGREEMENT AND PARTIAL INVALIDITY
These Terms and Conditions constitute the entire agreement between the user and OSBORNE. If any provision is declared invalid, the remaining provisions remain in effect, and invalid clauses are replaced by clauses with the closest effect.
- APPLICABLE LAW AND JURISDICTION
These Terms are governed by Spanish law. Any disputes will be subject to the exclusive jurisdiction of the Courts of El Puerto de Santa María (Cádiz), with explicit waiver of any other jurisdiction. Customers may access the EU Online Dispute Resolution platform via this link.