Terms and Conditions

Access to and use of this website is governed by the terms and conditions described below, as well as by the legislation applicable in the Republic of Chile. Consequently, all visits and all contracts and transactions made by a customer of Viña Casa Silva S.A. and/or of the companies of the same Business Group, in accordance with the provisions of Article 96 of Law No. 18.045, including for these purposes the company Paraíso del Sur S.A., Single Tax Number No. 76.733.230-0, hereinafter the User or Casa Silva, at www.casasilva.cl, hereinafter the Site, as well as its legal effects, shall be governed by these rules and subject to that legislation.

The terms and conditions contained in this instrument shall be understood to form part of all acts and contracts that are executed or entered into through the offer and commercialization systems included in this website between the users of this site and Casa Silva and by any of the other companies related to it, and that make use of this site, which shall hereinafter also be referred to indistinctly as “the companies”, or “the offering company”, “the supplier” or “the supplier company”, as appropriate to the meaning of the text. In the event that the companies have set their own terms and conditions for the acts and contracts they perform on this site, they will appear on this page marked with a link and will prevail over these.

General.

Transactions made through the www.casasilva.cl website (the “Site”) are subject to these Terms and Conditions (the “Terms and Conditions”) and applicable national laws. An essential requirement for purchasing on the Site is the acceptance of the Terms and Conditions. To accept these Terms and Conditions, the user must click where the website provides the option “I expressly accept the terms and conditions of use and privacy policy of Casa Silva” or other equivalent that allows the user to give unequivocal consent regarding the acceptance.

Casa Silva’s services are only available to persons of legal age, in accordance with current legislation. If the user is not over 18 years of age, he/she should refrain from using the services offered on the site. In this regard, Casa Silva may, at any time, temporarily or permanently, suspend the participation of users who are proven to be minors or when they provide false, inaccurate or fraudulent information when registering.

The mere visit and navigation through the website, www.casasilva.cl, does not impose any type of obligation on the user, unless he/she unequivocally expresses, by means of positive acts, his/her willingness to register and/or contract with the services provided by the site, in the manner indicated in these Terms and Conditions.

These terms and conditions are governed by the laws of the Republic of Chile. Any controversy or dispute arising from the use of the website www.casasilva.cl, its Terms and Conditions and Privacy Policy, its validity, interpretation, scope or compliance, shall be submitted to the applicable laws of the Republic of Chile.

Cookies on the Site.

They are small data files generated through instructions sent by web servers to the user’s browser programs, which are stored in a specific directory of the user’s terminal, with the purpose of gathering information compiled by the file itself. Casa Silva uses cookies to improve our knowledge of site usage and to provide information to customers regarding their preferences and browsing patterns. As well as avoiding the repetition of events, such as requesting information to enter the site.

Cookies are “session” when they are deleted once the user closes the Web browser and “persistent” when they remain on the user’s computer for a period of time defined by the cookie manager. Cookies can also be first-party cookies, when they are managed on the same site, or third-party cookies, when they are sent to the user’s computer from a different website.

The Site stores its own and third-party cookies in order to adapt the contents to your interests and facilitate your access. Casa Silva uses third-party cookies to collect information for statistical processing.

The user may, at any time, revoke consent for the use of “cookies” by deactivating them, through the privacy/security options of his/her browser.

User Registration.
It will be a requirement for the user who wishes to make purchases through the Site to register by providing all the personal data indicated in the mandatory fields. The User guarantees the authenticity, accuracy and validity of the registered data and it will be his/her responsibility to keep such information updated, while the Company guarantees the non-reproduction, anonymity and good care of the data provided by the user.
Registration at www.casasilva.cl is free of charge.

The data associated with the user’s account, in particular the user’s secret password, are personal and non-transferable. And the user is responsible for maintaining the security of his account, taking care at all times of the security and confidentiality of his password. You are prohibited from allowing third parties to access your account by using your username and password. The user will be responsible for any damages that may result from the unauthorized use of his account. Likewise, the delivery or disclosure of your secret password to third parties and/or the use made by third parties of said password shall in no case imply any liability for Casa Silva.

In case the user does not remember the secret password, he/she can change it according to the procedure indicated on the site. The same applies when the user wants to change his password.
In the event that the security of your account is compromised, you should notify Casa Silva as soon as possible. Any activity carried out on the site with the user’s name and password will be understood to have been carried out directly by the owner.

Use of the Site.
The Site provides the user with clear and precise instructions for making purchases through the Site.

Means of Payment.
Only the means of payment indicated on the Site may be used.
Credit cards that are enabled.
Debit cards that are enabled.
Purchases made through any of the bank cards accepted on the Site shall be subject to the provisions of the Terms and Conditions and in relation to its issuer, and to the provisions of the respective Opening Contracts and Rules of Use with the corresponding entities, which prevail over this instrument. This excludes any type of liability that Casa Silva could be held liable for under such contracts. Other means of payment that may eventually be accepted in the future will be informed in due course on the website.

*Sales through www.casasilva.cl will be made with invoice or bill depending on the option.
selected by the user.

Formation of Consent.
Acceptance of offers or purchases made on the Site will require prior confirmation and validation by Casa Silva for their completion, which, together with the general requirements established by law, will be an essential element for the formation of consent. In order to confirm the transaction Casa Silva must verify:

That it has, at the time of acceptance of the offer, the products in stock.
That validates and accepts the payment method offered by the user.
That the data registered by the user on the Site match those provided when making the purchase.

In the case of sale of alcoholic beverages, this will only be made to users over 18 years of age, for which the ID card number and / or date of birth will be required.
The User agrees to provide accurate and unique information.
The delivery of the order will be made only to persons over 18 years of age, which implies that the person receiving the order must have his or her identity card to prove his or her age.

Casa Silva will send written confirmation of its validation to the e-mail address registered by the user on the Site, or by any other means of communication that guarantees the user’s due and timely knowledge of such information, which will be previously indicated on the Site.

Offer Conditions.
The products, prices and conditions offered will be in effect as long as users can review them on the Site. Casa Silva may modify the information provided, at any time and without prior notice, until it receives the acceptance of an offer from any user.
The prices and services displayed on the site apply only to purchases made on the site and are not applicable to transactions made in other stores and / or websites of the Company.
All dispatches are governed by our “Dispatch Policy”, available on the Casa Silva website.

Coupons and Special Discounts.
Coupons issued only by Casa Silva may be used. In the event that a user uses coupons as a means of payment, these may be used only once and for the value to which the amount of the coupon corresponds.
Discounts provided through coupons are not cumulative among themselves, nor are they applicable to other promotions.
Some coupons may have limitations such as, among others: quantity of use, minimum consumption, expiration date or promotion stock. If you would like more information about the conditions/limitations of your discount coupon, please contact our customer service.

Right of Withdrawal.
In contracts entered into through this Site, the User or consumer may not withdraw from the contract entered into, in accordance with the provisions of Law 19.496, unless this possibility is expressly contemplated in a specific offer. Notwithstanding the foregoing, to exercise this right, the User must return the product new, unused and in its original packaging and must have or send the purchase receipt or proof of purchase of such product.

Changes and Returns – Cancellation Policies.
Notwithstanding the foregoing, users or customers may request returns or exchanges of defective products in quantity or quality in accordance with the provisions of Articles 19 and 20 of Law 19.496, within the territory of continental Chile, which may be accepted by the supplier after verifying the veracity of the claims, in order to obtain full customer satisfaction and in the cases and under the conditions set forth below.

The consumer’s legal right of guarantee in the event that the quantity or net content of a new product is less than that indicated on the container or packaging.
In these cases, the consumer who has acquired or purchased products through the use of the website www.casasilva.cl, and which suffer from the defects indicated in the sum of this point, has the right to choose between:

i) Replacement of the product (prior restitution of the purchased good),
ii) Rebate of its value in the purchase of another product.
(iii) Refund of the price paid in excess.

i) Replacement or exchange of the product (after restitution of the purchased good)
ii) Refund of the amount paid (after restitution of the purchased good)

Term: The term for exercising the right of option shall be 6 months from the date on which the product has been received, provided that it has not deteriorated due to an event attributable to the consumer. If the product was sold with a certain warranty, the term for which the warranty was extended, if longer, shall prevail.
To request an exchange of the products purchased on this website, the customer should contact Customer Service through the contact form available at https://www.casasilva.cl/contacto or by sending an e-mail to customerservice@paraisodelsur.cl.
There will be no refunds if the product consumed is not to the consumer’s preference or taste.
Returns for oenological defects will be accepted up to 90 days from the date of purchase, subject to prior technical analysis. In such a case, only the same or a similar product will be exchanged at the company’s discretion.
Return of Products.
In order to proceed with the return or exchange of the product, it is a requirement that the good object of the claim has not deteriorated, or the fault or defect has not been produced by a fact attributable or attributable to the consumer. Casa Silva will determine that the failure or defect is covered by the legal warranty under consumer protection law.
In the case of packs, the return and legal guarantee will proceed with respect to the complete pack, including all the products that compose it. You must present your ballot.
All transactions should be sent to the following e-mail address: customerservice@paraisodelsur.cl

Money Back.
Once the product is received, it will go through a quality control, if it complies with our policies, a credit note will be generated and a bank transfer will be made for the amount paid for the product. If the product does not pass quality control, it will be returned to the sender.
If the method of payment was by credit card, Transbank will be informed to cancel the charge/payment, which will be reflected in your account within approximately 72 hours.
In all other cases we will ask you for a current account to make the respective refunds.
The details for handling returns by bank transfer are as follows:

Full Name
Rut
Bank
Account Number
Account Type
E-mail address

Please send this information to customerservice@paraisodelsur.cl
The refund will be made via bank transfer for the amount paid for the returned product(s), which will be reflected in your account within a maximum of 30 business days.

Site Security.
www.casasilva.cl maintains high security standards in the purchase of products through the use of SSL (Secure Sockets Layer) technology, which ensures that the data entered on the platform is secure.
In the event of difficulties that prevent or delay the purchase of products, Casa Silva will adopt the necessary measures, according to the technological means available, in order to normalize the continuity and normal operation of the Site.

Electronic Documents.
The user, as a manual recipient of electronic documents, in accordance with Exempt Resolution No. 11 of February 14, 2003 of the Internal Revenue Service (which established the procedure for taxpayers authorized to issue electronic documents to also send them by these means to manual recipients), accepts and authorizes Casa Silva, so that the tax document corresponding to the purchases made at www.casasilva.cl, will be delivered only by electronic means, by sending it to the user’s e-mail address.

Intellectual Property.
All industrial and intellectual property rights related to the site such as trademarks, domains, software, patents, images, photographs, sound, audio, video, design, source code, content, text, graphics, databases, among others, are owned by Casa Silva and are protected by laws and international treaties on copyright, trademarks, patents, models and industrial designs. Its reproduction, distribution or diffusion is expressly prohibited without the express written authorization of Casa Silva.
Accordingly, all users must respect the intellectual and industrial property rights detailed above and refrain from deleting, altering and/or manipulating any protection and/or security system implemented by Casa Silva.
No product, image or sound may be reproduced, duplicated, copied, sold, resold, visited or exploited for any purpose, in whole or in part, without the prior written consent of Casa Silva. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary or registered information (including images, text, page layout, or form) of Casa Silva and any Casa Silva group company without our prior written consent. You may not use meta tags or any other “hidden text” that uses Casa Silva’s name or trademarks without prior written permission from Casa Silva. Misuse of this site or these trademarks, licenses or patents is prohibited. The foregoing, without prejudice to the exceptions expressly stated in the law.

Validity of the Terms and Conditions.
The Terms and Conditions shall be effective from the date of publication on the website www.casasilva.cl as of August 23, 2022 and shall remain in effect until modified. Any modification to this version of the Terms and Conditions will not affect the rights acquired by consumers for purchases made under a previous version. Any controversy arising in relation to the provisions of this document shall be submitted to and resolved by the Ordinary Courts of Santiago, to whose jurisdiction the users submit. Chilean law shall be the applicable law with respect to all matters related to these Bases.

Complaints and Suggestions.
Any submission or complaint related to acts or contracts executed or entered into through this site must be submitted to Customer Service through the contact form available at https://www.casasilva.cl/contacto or by sending an email to customerservice@paraisodelsur.com.

Privacy Policy.
For Casa Silva and the companies that make up the group, including Paraíso del Sur S.A., hereinafter “Casa Silva”, the privacy of individuals, the confidentiality and care of your personal data is fundamental, therefore it is committed to ensure that your personal information is protected and your privacy respected.

This personal data protection policy details how Casa Silva treats and protects the personal data that users and consumers provide or that Casa Silva collects through its website www.casasilva.cl (the “Website”), mobile applications, forms and other channels, so that they can decide whether they wish it to be processed by Casa Silva. Therefore, when a consumer purchases Casa Silva products and/or participates in activities organized by Casa Silva, the processing of his or her personal data will be carried out in accordance with the provisions of this policy.

This policy does not apply to personal data collected by third parties on other websites, even if they are linked to the www.casasilva.cl website. Casa Silva has no control over these sites, therefore, it is not responsible for the content of these sites and has no control over the processing of data that they perform, so in such cases, you should be in accordance with the privacy policy of such sites and / or social networks.

The processing of personal data by Casa Silva will be in accordance with Law 19.628 “Law for the Protection of Private Life”, its amendments and other regulations related to the safeguarding, protection, reserve and confidentiality of personal data.

I. Data Controller:

Paraíso del Sur S.A.
RUTH: 76.733.230-0
Alonso de Monroy 2677, of 602b Vitacura, Santiago.
Phone +56 9 3403 3441
Contact e-mail address: customerservice@paraisodelsur.cl

II. Definitions:

a) Data processing: Any operation or complex of operations or technical procedures, whether automated or not, that make it possible to collect, store, record, organize, elaborate, select, extract, confront, interconnect, dissociate, communicate, assign, transfer, transmit or cancel personal data, or use them in any other way.

b) Personal data: Any information linked to or referring to a natural person, identified or identifiable through means that can be reasonably used.

c) Sensitive data: Data referring to the physical or moral characteristics of individuals or to facts or circumstances of their private life or intimacy, such as personal habits, racial origin, ideologies, beliefs, political opinions and sexual life.

d) Data Controller: The natural or legal person, private or public, who decides on the processing of data, i.e., who makes decisions on what to do with the data from its capture to its deletion.

e) Data Processor: Natural or legal person who processes personal data on behalf of the data controller, as a consequence of the existence of a legal relationship (service provision contract) that binds him/her to the data controller.

f) Customer: Is the person to whom Casa Silva provides its products and services.

j) User: Natural person interested in Casa Silva’s products and/or services and who, in the case of natural persons, expressly authorizes the processing of his/her personal data by Casa Silva.

k) Personal data subject: Natural person whose personal data is the object of processing and for whom Casa Silva is responsible.

l) Data transfer: takes place when the person responsible and/or in charge of the processing of personal data, located in Chile, sends the information or personal data to a recipient, which in turn is responsible for the processing and is located inside or outside the country.

m) Data Transmission: processing of personal data involving the communication of such data within or outside the territory of the country when the purpose of the processing is to be carried out by the processor on behalf of the controller.

III. Lawfulness of treatment:

Casa Silva bases the processing of data on the express, prior, unequivocal, free and informed consent of the owner and/or on the purchase contract signed with Paraíso del Sur S.A.

IV. Purpose of treatment:

Casa Silva will process the personal data of consumers in order to adequately provide the products and services contracted by the owner of the data, including the dispatch of products, to comply with legal obligations, to carry out all necessary steps to confirm and update your customer information, including validation of your identity when performing transactions with Casa Silva, analyzing data from your customer profile and of any other nature, such as location and contact information, in order to safeguard the security of your information and to ensure the collection of payments.

Likewise, Casa Silva will process personal data for commercial purposes, in order to offer the holder of the personal data the products that are marketed on the site; benefits associated with loyalty programs; inform them of events and sweepstakes organized by Casa Silva, discounts, satisfaction surveys, all of which may be done through email, text messages (SMS), notifications in mobile applications, social networks, phone calls, among other types of communications.

To withdraw defective products from the market and consumers.

In order to maintain the quality of products and services and to verify instructions and prevent fraud, discounts may record telephone conversations and keep such recordings, which may also be used as evidence in judicial, administrative and arbitration proceedings. For this purpose, Casa Silva may implement video surveillance systems and the personal image of the holder could be captured when the merchandise delivered by Paraíso del Sur S.A. directly or by its suppliers is delivered.

In the processing of personal data, Casa Silva may develop behavioral and predictive models, as well as use them for statistical, historical, market research purposes, among others, in which cases your data will be used in an anonymized form, that is, it will not be possible to identify the identity of the person to whom they belong.

For the aforementioned purposes, Casa Silva may collect personal data by different means, such as access and use of the website www.casasilva.cl, purchase transactions on the site, surveys and mobile applications provided by Casa Silva, online forms and e-mails, telephone calls, online chat, customer service, databases freely accessible to the public, among other authorized channels in accordance with current legislation.

As far as possible and reasonable, Casa Silva checks the legality and/or veracity of the information provided by individuals. Therefore, Casa Silva is not liable for any infringement and/or damage resulting from the unlawfulness, illegitimacy, alteration, misuse, fraud or penalty in connection with the information provided to it. It is the user’s responsibility to update his/her information whenever required.

V. Casa Silva may share your personal information in the following situations:

With suppliers that provide services necessary to supply Casa Silva’s products and services.

With companies related to Paraíso del Sur S.A. and the group of companies whose parent company is Viña Casa Silva S.A., in Chile and abroad, in order to offer and provide information on the products and services of the Group’s companies.

To update the status of contractual relations and to comply with the obligations agreed with you.

To prevent the risk of money laundering and financing of terrorism, among other related activities.

To respond to duly authorized requests for information from law enforcement or government authorities.

To comply with any law, regulation, subpoena or court order.

To assist in the prevention of fraud or to enforce or protect the rights and property of Viña Casa Silva S.A, Paraíso del Sur S.A. or its subsidiaries and related companies.

To protect the personal safety of Casa Silva employees, their representatives, third parties and the general public.

In the event of a circumstance in which, for strategic or other commercial reasons, Paraíso del Sur S.A. decides to sell, buy, merge or otherwise reorganize the business in Chile or other countries. In such a case, such a transaction may include the disclosure of personal information covered by this policy to purchasers.

In all these cases, whoever turns out to be in charge of data processing must comply with this privacy policy.

VI. Duration of data processing:

The personal data of the holders regulated in the present policy, will be kept only for the time that is necessary in relation to the purposes indicated above.

VII. Access, update and cancellation of your personal data.

Any holder of personal data has the right to request information regarding his or her data that are subject to processing by Casa Silva. In this regard, you may exercise your right to information, update your data and/or request cancellation of the processing.

Regarding the cancellation of the processing, such request shall not apply when Casa Silva has a legal or contractual duty to keep the data in its databases indefinitely or for a certain period of time or when it is impossible to delete the data.

To exercise these rights, please contact Casa Silva through the contact form available at https://www.casasilva.cl/contacto or by sending an e-mail to the following e-mail address: customerservice@paraisodelsur.cl.

VIII. Security:

Casa Silva will treat personal data with due reserve and care. Therefore, the objectives as well as the procedures for its use by third parties, if necessary, are determined in a confidentiality contract signed for this purpose.

Casa Silva is committed to implementing reasonable and feasible technical and organizational security measures to prevent the loss of personal data, in accordance with industry standards and practices related to information security.

IX. Changes to this policy:

Casa Silva may make changes to this privacy policy, which will take effect thereafter, without prejudice to the requirement to update the consent of the holders of personal data. In any case, in the event of changes to this policy, the consent that the owner of the data has given shall remain in force and shall be fully applicable with respect to the privacy policy that he/she has accepted.

X. Validity:

This Policy is effective as of the date of its publication, August 23, 2022.