sales terms and conditions
By accepting these General Conditions, the User declares:
That you have read, understand and comprehend the foregoing.
That he/she is of legal age in accordance with the regulations in force in his/her place of residence, otherwise the minor must have the authorisation of his/her legal representatives.
That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.
That he/she assumes all the obligations set forth herein and accepts them.
The User must read these General Terms and Conditions carefully each time he/she accesses the Website, as the Website and these General Terms and Conditions may be subject to change.
The owner of the Website reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of any elements that make up the design and configuration of the Website.
The modification of these General Conditions will not affect the goods or promotions that had been purchased prior to such modification.
In the event that LAR DE MAIA entrusts a trusted third party with the custody of successive versions of the general conditions, both parties acknowledge that the only valid version of these conditions at any time is the one that appears in the database of the trusted third party.
1. General Website Information
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, the general information on the Website is provided below:
Owner: LA LONJA PINCIANA S.L (Hereinafter, LAR DE MAIA)
Address: C/Padre Vicente Moro, 12 47240 Valdestillas, Valladolid.
2. Conditions of Use
2.1. Access to the Website
Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
2.2. Need for Registration
The use of certain services and contents may be conditional upon the User's prior registration in the system.
The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the custody of his or her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents carried out under the password of a registered User shall be deemed to have been carried out by said registered User, who shall be liable in all cases for said access and use.
2.3. Rules for use of the Website
The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Website and not to use them for illicit or criminal activities that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User undertakes to:
1.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.
2.- Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
3.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties.
4.- Not to disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
5.- Not to transmit unsolicited or unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for that purpose.
6.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
7.- Not to impersonate other Users by using their registration codes for the different services and/or contents of the Website.
8.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Website or third parties.
9.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
The User undertakes to indemnify LAR DE MAIA against any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of breach by the User of any of the rules of use indicated above, and LAR DE MAIA also reserves the right to seek compensation for damages that may apply.
Occasionally, LAR DE MAIA will provide the User through its communications, such as periodic newsletters, with a link that will allow him/her to access his/her personal account. This access will be carried out through a unique and private address, so that the User will not need to enter their passwords to access the Website. Consequently, the User must treat LAR DE MAIA communications confidentially and refrain from forwarding them to third parties, in order to avoid unauthorised access to the private information in his or her account.
Exclusion of Liability
User access to the Website does not imply for LAR DE MAIA the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
LAR DE MAIA is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website.
LAR DE MAIA is not responsible for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the service of the Website during the provision of the same or previously.
2.5. Content and services linked to through the Website
The service of access to the Website may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter "Links"). In these cases, LAR DE MAIA will only be responsible for the contents and services provided in the Links to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Link with illegal or inappropriate content may communicate it to LAR DE MAIA, without in any case this communication entails the obligation to remove the corresponding link.
In no case, the existence of Links must presuppose the formalization of agreements with the responsible or holders of the same, nor the recommendation, promotion or identification of LAR DE MAIA with the manifestations, contents or services provided.
LAR DE MAIA does not know the contents and services of the Links and, therefore, is not responsible for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and / or services of the Links or any other damage that is not directly attributable to LAR DE MAIA.
Intellectual and industrial property
All the contents of the Web Site, understanding by these, merely by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of LAR DE MAIA or third parties, and none of the exploitation rights recognized by the current legislation on intellectual property on them may be understood to be transferred to the User.
The trademarks, trade names or logos are owned by LAR DE MAIA or third parties, without it being understood that access to the Web Site attributes any right over them.
In any case, the User knows and accepts that the ratings and comments made about the products available through the Website may be accessible to the rest of the Users of the Website, including the identity of their author.
On all comments freely hosted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter "the Contents"), the User grants LAR DE MAIA a non-exclusive license of use, worldwide territoriality and with the maximum duration provided by law. On the basis of this license, LAR DE MAIA may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of providing the services offered by LAR DE MAIA and advertise their products and services.
The Platform has the ability to translate into English, LAR DE MAIA does not guarantee the accuracy of such translation.
LAR DE MAIA makes all reasonable efforts to process personal data and keep secure any payment information we hold about you and in accordance with legislative requirements. We will ensure that our employees who have access to this information do not use, modify, reproduce or disclose it without authorization.
You acknowledge and agree that you are responsible for all consequences arising from the use or misuse of your username, password and/or trading code. In particular, you acknowledge and agree that instructions and actions transmitted through the Platform will be deemed to have originated from you if your username, password and trading code have been used. In order to help prevent trading fraud, you agree to use your best efforts to keep this information secure and confidential and not to disclose it to any third party. If you know or suspect that someone else knows your username, password and/or trading code, you agree to notify us immediately by email at email@example.com.
2.9.- Copyright and property rights
All software used by the Platform, material on or comprising the Platform (including photographs, graphics, text, data, classifieds content, advertisements, videos and other visual or audio-visual works) and the design, layout, look and feel and appearance of the Platform (Intellectual Property) is owned by or licensed to us and is protected by copyright and all other intellectual property laws of the United Kingdom and other countries.
Except to the extent necessary for ordinary use of the Platform in your Internet browser, or as otherwise permitted by applicable law, this Intellectual Property may not be used, adapted, reproduced, uploaded to a third-party exchange, framed, linked, posted, transmitted or distributed in any manner or in any form or medium without our prior written consent. This means that you may not download, copy or reproduce any material from the Platform without our or the owner's written permission, unless you are acting in the normal and proper course of using the Platform services.
The Platform may contain multimedia works and still images that have been licensed to us by third parties. These works are provided solely for your private, non-commercial use, and you may not (directly or indirectly) distribute, modify, translate, publish, retransmit, transmit or communicate these works or create derivative works from them.
3. Terms and Conditions
3.1. User Registration
The use of the services provided by LAR DE MAIA implies the need for registration of the User on the Website. Each User who registers and uploads material on the Platform guarantees that he/she is over 18 years of age and is fully responsible for maintaining the confidentiality of his/her account information and for updating it in case of change, including his/her password and commercial code, and for any activity that occurs under his/her user profile. You agree to notify us immediately of any unauthorized use of your account or password.
The User must register by indicating his/her full name and e-mail address. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to validate it and confirm that he/she has access to it.
Once the User is correctly registered on the website, he/she can access "My Account" at any time. Through "My Account" the User can modify his personal data, as well as data related to the shipment of orders, check if he has orders pending delivery.
3.1.1. Confirmation of purchase
Once the purchase process is completed, the User will receive, at the email address provided in the registration form, a communication specifying the product features, price, shipping method selected, date of purchase, order number and delivery date. Likewise, a permanent link to the present contracting conditions will be sent to the e-mail address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to LAR DE MAIA or any third party designated for registration and version control, where appropriate.
3.1.2. Right of withdrawal
The buyer will have in any case a period of fourteen (14) calendar days after receipt of the Product to exercise his right of withdrawal without having to justify reasons or have any penalty.
In accordance with Article 102.d) of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, not being applicable to the supply of goods that may deteriorate or expire rapidly, so you can not exercise the right of withdrawal on bottles that have been opened, for example, due to the rapid deterioration of the contents in such cases.
The buyer must express his intention to withdraw within the period indicated and must proceed to return the product. You can also use the model withdrawal form attached below:
FORM OF WITHDRAWAL FORM
If, as a consumer and user, you wish to exercise your right of withdrawal, you can do so using this form, which you must fill in and send to us.
To the attention of LA LONJA PINCIANA S.L, with address at VICENTE MORO 12, 47240 VALLADOLID, telephone 650 98 60 98 and email address firstname.lastname@example.org
I hereby give notice that I withdraw from my contract of sale of the following product or list of products:
(Indicate list of products for which the right of withdrawal is to be exercised)
Ordered on: (Indicate date)
Name of consumer and user: (Indicate)
Address of consumer and user: (Indicate)
Order number: (Indicate)
Signature of the consumer and user (only if this form is submitted on paper)
LAR DE MAIA will reimburse the sums paid by the User without retention of expenses. However, the cost of returning the product shall be borne by the User.
Upon receipt of the products on which the withdrawal applies and verified their correct condition, LAR DE MAIA will return to the User the sums paid within a maximum period of 10 calendar days. Products that do not retain their original packaging may suffer a depreciation.
3.1.3.- Suspension of access and cancellation of registration
Any suspension or termination of your registration will not affect any of our rights or remedies against you or any of your obligations or liabilities to us that have accrued up to that date (including the right to claim damages in respect of any breach of these Terms that existed on or before the date of suspension or termination).
The purchase of products is subject to payment of shipping costs, at the expense of the buyer. LAR DE MAIA currently ships its products to Spain. Shipping costs depend on the quantity of products purchased, the delivery destination, the delivery time and the selected carrier. The price of shipping will be discriminated and clearly presented once all these preferences are defined, and before any payment is made - so the User will have the possibility to check these costs before finalizing his purchase. The above shipping costs include the transport of the products, their packaging in safety boxes for bottles, insurance against loss or breakage, and VAT. They do not include any other taxes or duties applicable at the destination, which shall be borne by the User. LAR DE MAIA cannot be held responsible for any delay in the delivery of orders due to causes not directly attributable to LAR DE MAIA, fortuitous cases or force majeure. The delivery of orders will be made at the address designated by the User. LAR DE MAIA will not assume any responsibility when the delivery of the product is not carried out as a result of inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery can not be made for reasons beyond LAR DE MAIA, such as the absence of the recipient at the delivery address. In case of absence of the recipient and whenever possible, a note of passage will be left with the necessary information to arrange a new delivery at the address of the recipient or the necessary indications for him to go to pick up the product to a certain place. In any case, after 7 days from the last delivery attempt without the order could not be delivered, it will be returned to origin proceeding to terminate the contract. In this case, LAR DE MAIA reserves the right not to proceed to refund the respective amount of both the order and shipping costs.
3.3. Satisfaction Guarantee and Returns
The User has a period of 7 calendar days from receipt of the products to request the return of the products, sending an email to email@example.com and specifying as subject "Satisfaction Guarantee". The User must state the order number and the products to be returned.
The User must return the remaining units of the product that have not been tasted in perfect condition (not damaged, soiled or opened by the User), properly protected and, ideally, in their original packaging. After verification by LAR DE MAIA of the good condition of the products, the amount corresponding to the returned units will be refunded within a maximum period of 10 calendar days using the same means of payment that the User used for the initial purchase. This guarantee does not extend to the return transport costs, which shall be borne by the User.
4. Nullity and ineffectiveness of the clauses
In the event that one or more clauses become ineffective or are voidable or null and void, they shall be deemed not to be in force, and the rest of the Contract shall remain binding between the Parties. In such an event, the Parties undertake, if necessary, to negotiate amicably and in good faith a new alternative text for that clause or part of the contract that is affected.
5. Applicable law and competent jurisdiction
In accordance with EU Regulation N°524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible via the Internet address http://ec.europa.eu/consumers/odr/.
This agreement shall be governed and interpreted in accordance with the rules of the Spanish legal system. The undersigned expressly agree to submit to the jurisdiction and competence of the courts and tribunals of Valladolid for the resolution of any problem arising from this contract or its interpretation, renouncing any other jurisdiction that may correspond to them.
7. Expenses and taxes
All taxes and expenses arising from this contract shall be paid by the parties in accordance with the law.
Each Party shall pay all expenses incurred in connection with the negotiation, preparation, acceptance and execution of this Agreement.
Any communications to be made between the parties in connection with the performance of this Agreement must be in writing, either by letter or by email sent to the current email address of the parties listed in the contact information on the Website's website.
9. How to contact us
If you have any questions about these terms or would like clarification, please contact us at firstname.lastname@example.org.