GENERAL CONTRACTING CONDITIONS
PURCHASING OF PRODUCTS WITH USER REGISTRY
Together with our other terms and conditions, the present General Conditions establish the legal frame that regulates the contracting of products offered through the website WWW.VINSMIQUELGELABERT.COM.This website is owned by the company MIGUEL GELABERT FULLANA, a legally incorporated company with registered office at carrer sales nº 50 07500 MANACOR, BALEARES and corporate tax ID number (CIF) 78197195R.
The activity of the Company and/or Entity MIGUEL GELABERT FULLANA comprises the selling of WINES . If you have any questions or queries, you may contact us by telephone on 971821444 or by sending an e-mail to our Customer Service Department to the following address email@example.com.
The present contracting conditions aim to regulate the terms and conditions applicable to the contracting of products offered by the company through the web, as well as the corresponding monetary compensation and/or payment made by the Client to the Company.
Before initiating the contracting process and with the help of technical means that are adequate for the used communication channel, the company offers to the recipient of the service the following permanent, easy and cost-free information in a clear, comprehensive and unambiguous way:
a) The different steps and procedures that have to be followed in order to accept the present general contracting conditions.
b) An electronic file containing the present general contracting conditions that shall be accessible at all times.
c) The company puts at the disposal of the client the technical means necessary to identify and correct errors.
d) These general contracting conditions were drawn up and are formalised in Spanish.
e) Before initiating the contracting process, the company makes available to the client the general contracting conditions in a way that allows the client to save and reproduce them.
g) The present General Contracting Conditions are set forth according to the regulations of Law 34/2002 on services of the information society and e-commerce, with the modifications of Law 56/2007 from December 28 on measures to promote the information society and Law 2/2011 from March 4 on sustainable economy; Royal Decree-Law 13/2012; Law 7/1998 on general contracting conditions, Royal Decree 1906/1999 from December 17 regarding telephone and electronic contracting with general conditions, as a development of article 5.3 of Law 7/1998 from April 13 on general contracting conditions, Law 26/1984 for the defence of consumers and users, Royal Legislative Decree 1/2007 from November 16, which approves the consolidated version of the Law on the defence of consumers and users and other complementary legal regulations.
h) The acquisition and/or purchase of any of the company’s/entity’s products through the website implies that the client accepts without any reservation all and each of the General Contracting Conditions and the Particular Conditions that are applicable to the acquired and/or contracted products.
i) The company informs that, in order to contract the offered products, the client shall follow the steps and procedures which are described in the present general conditions, as well as those specific procedures which are indicated during the navigation on this site. Therefore, the client declares that it knows and accepts the said steps and procedures which are necessary in order to acquire and/or contract the products that are offered through the website.
j) The company will store all the information that was provided during the contracting process. Any modifications or corrections of data provided by the clients during the navigation process need to be made according to the instructions included in this website.
k) When submitting its data, the client gives its express consent to the treatment of its personal data with the purpose of acquiring and/or contracting the products that are sold by the company.
The client contracts and/or acquires the products of the company, which accepts the order of selling to the client the products that were selected through the website, in accordance with the present general contracting conditions.
The seller reserves the right to unilaterally modify the aforesaid Conditions, without this affecting the products or promotions that where contracted prior to any change that was introduced.
I.- IDENTITY OF THE VENDOR
The Vendor of the products that are contracted by the client and/or user is the company MIGUEL GELABERT FULLANA. The activity of the entity consists of selling WINES .
The company carrer sales nº 50 07500 MANACOR, BALEARESsells the products offered through the website WWW.VINSMIQUELGELABERT.COM. It shall be understood that the selling and/or contracting takes place at carrer sales nº 50 07500 MANACOR, BALEARES.
The website WWW.VINSMIQUELGELABERT.COM is registered under the name of the company MIGUEL GELABERT FULLANA. The trade mark is duly registered under the name of the Company and/or Entity.
II.- PURPOSE OF THE CONTRACTING CONDITIONS
The purpose of the present contracting conditions is to set forth the conditions for the selling of products contracted through the website WWW.VINSMIQUELGELABERT.COM. These conditions shall regulate the contractual relationship between the Vendor and the Purchaser regarding the selling and buying and/or contracting, being this relationship initiated from the moment in which the Purchaser accepts/marks the corresponding checkbox during the online purchasing and/or contracting process. The specific features of the acquired and/or contracted products are listed on the website.
By contracting any of the products through the website WWW.VINSMIQUELGELABERT.COM, the purchaser accepts and shall be bound by the present General Sales Conditions in their totality.
The company sells through its website the following products: . This selling shall be regulated by de Contracting Conditions included herein and by the Particular Conditions that may be applicable, if it is the case, to the acquisition and/or contracting of all and each of the products.
The prices applicable to the purchased and/or contracted products are those ones which are indicated on the website at the date of contracting and/or acquisition, and it is understood thatthe Value Added Tax (VAT) is included in the price.
Offers are duly marked and identified, indicating the original price and the price of the offer.
All means and technical requirements that are necessary to access the website and the products offered therein shall be the sole responsibility of the user.
After having accessed the website and in order to be able to acquire and contract the different products, the user shall follow all the indications and instructions that appear on the site; in order to proceed, the user shall accept/fill out the Contracting Conditions and other forms that are listed for each product, which implies that the user has read and accepted all the General Contracting Conditions, as well as the Particular Conditions that may be applicable, if it is the case.
III.- PURCHASING PROCESS
The contracting of the products shall be done by specifically selecting the desired product and/or products, using the purchase selection functionalities that are installed on the website. The selection and verification of the purchase request implies that you have expressly accepted all and each of the contracting conditions, in the form that these were published on the company’s website prior to your acquisition of the requested products.
From the moment of acceptance, the user acquires the condition of Client of the company/entity.
The provision of any products or services that are offered subsequently by the company/entity shall require a new contract.
It is recommended that the client carefully reads the present General Conditions and prints out the document in paper or saves the electronic version.
In order to contract any of the products offered through the website WWW.VINSMIQUELGELABERT.COM, the user shall register its personal and/or professional data and choose a password which allows it to access those areas that require prior identification. At the moment when your data is registered in our server, or when you enter into a contractual relationship with us, your personal and professional data, your address and the data about the payment method you used are incorporated into our database. The aforesaid data will exclusively be used to process the selling of the contracted product during the selected period and to send information regarding offers or information that could be of your interest during the term of the contract. You have the possibility to modify at any time the data you have registered with us as a client (address, contact telephone number, e-mail, etc.) or to request a reminder of your password in case you have forgotten it.
After having created your customer account, we hereby inform you that, in accordance with the requirements of article 27 of the Law 34/2002 on services of the information society and e-commerce, the contracting process consists of the following steps:
The user can visualise and control the selected product and/or products by following the purchasing and/or contracting instructions that are displayed on the website. The selected items, the price and the particular conditions are displayed on the webpage.
After having finished the selection of products, the user shall proceed with the payment and/or contracting. At this point, information will be displayed to the user about the selected products, number of requested items, their prices, itemised Value Added Tax (VAT), total purchase price and information regarding the inclusion or non-inclusion of shipping charges. In case that the shipping charges are not included in the final price, the client will be informed about the cost of transport and/or delivery of the selected product and/or products. Likewise, the user/client might apply the discounts it has. At this point the user has the possibility to continue shopping or make the payment and/or contracting.
Likewise, by means of selecting the corresponding checkbox, the user may request the reception of newsletters and offers sent by the company MIGUEL GELABERT FULLANA Moreover, the client can confirm here the delivery address and its invoicing address.
In all cases the user will be informed about the finalisation of the purchase and/or contracting process, being this information shown to it on the contracting platform of the Vendor.
The features of the product that is offered through the website are described on the site as detailed as possible.
V.- PRICES AND AVAILABILITY OF THE PRODUCTS
The prices that apply are the ones that are published for each product on the website WWW.VINSMIQUELGELABERT.COM,, indicated below the products. The prices are shown in Euros (EUR).
Prior to the acceptation of the contracting and/or acquisition operation on side of the purchaser, the following items will be clearly specified: the prices of all the selected and/or contracted products and/or the expenses applicable to the said operation, as well as the promotions or discounts that may be applicable, if it is the case.
The Vendor reserves the right to modify its prices at any time. If there was a modification in the selling price, the products will be invoiced according to the price that was valid at the date of registry of the contract and/or acquisition.
For all payments made to the Vendor, an invoice will be issued to the name of the client/user.
For any additional information regarding the contracted product, the user may send an e-mail request to the following address: carrer sales nº 50 07500 MANACOR, BALEARES. This must be indicated in the subject line of the e-mail and the client’s data must be included.
The products will be sent to the delivery address specified by the Client. In case of products that are on stock, the delivery term for shipments to the Iberian Peninsula is of 7 working days, whilst international shipments are made within the term of 20 working days. If the Company and/or Entity does not have the requested products on stock, this shall be duly communicated to the Client in the shortest possible time. The Company/Entity will not be responsible for delays due to causes beyond its management or causes of force majeure.
The delivery costs are displayed on the webpage when carrying out the purchase and/or contracting.
VII.- VALIDITY OF THE OFFER
Offers shall be duly marked on the website. The products offered through the website will be available until any change is made regarding the product, which, in case of implementation, will be announced one week in advance.
VIII.- The Vendor accepts the following payment methods:CREDIT CARD (A-VISA B-MASTERCARD )
IX.- WITHDRAWAL RIGHT
The contracting party is considered a consumer and user and, according to article 68 of the Royal Decree 1/2007, disposes of the right of withdrawal which may be exercised within a period of 14 days. Pursuant to article 71 of the Royal Decree 1/2007 and considering that the purpose of this contract is a service rendering, the 14-days-period to exercise the right of withdrawal shall be counted beginning with the date on which the product was received by the client.
In order to exercise its right of withdrawal from the contract, the client may use any of the following means of communication:
. By using the withdrawal form which may be downloaded here and sent by e-mail to the following address: firstname.lastname@example.org; VINSMG@VINSMIQUELGELABERT.COM
The company and/or entity guarantees that the Client may cancel its order at any time and without any cost. The Client shall dispose of a period of 14 calendar days for the exercise of its withdrawal right, counted from the reception of the goods or, if the contract was concluded with reference to a service, from the date of formalisation of the purchase. The Client shall communicate to the Company/Entity its intention of cancelling the contract, being able to do so within the established withdrawal period and by any of the above described means of communication.
In case of returns, the product must be returned together with the delivery note or, if it is the case, with the invoice issued by the Company/Entity, and the return costs shall be at the expense of the Client. The Client may return any article purchased from the Company/Entity, provided that the products keep their original seal or packaging and that the manuals, accessories or promotional gifts are included in the return (if it is the case), otherwise there will be a decrease in the value of the goods. The Client shall only be liable for any decrease in the value of the goods if this occurred due to incorrect handling, i.e. different from what is necessary to ascertain the nature, features and functioning of the goods.
The client may use any of the following means of communication for making a return:
a) By telephone, dialling
b) By e-mail, sending a message to the following address email@example.com
. By using the return form which may be downloaded here and sent by e-mail to the following address: firstname.lastname@example.org
. In this last case, the client must indicate the following words in the subject line of the e-mail: RETURN FORM.
If you have any complaints or questions, you may contact us by telephone on 971821444 or by e-mail, sending your message to the following address: email@example.com
The Client may return the purchased product in any brick and mortar store of the Company/Entity throughout Spain.
XI.- If the Contracting Party is a professional, the following rules and regulations may in no case be applicable: Royal Decree 1/2007, Law 7/1998, as well as Law 26/1984 on the defence of consumers and users. In case the Contracting Party is a professional, the applicable regulations are those set forth in Law 7/1998 on general conditions of contracting.
XII.- In case the contracting took place in consent, and the other requirements necessary to achieve its effectiveness were also fulfilled, the contracts shall be considered as concluded and shall be completely effective in accordance with the applicable laws. The contracts shall be regulated by the provisions set forth in article 23 and 24 of the Law on services of the information society (LSSI), the Spanish Civil Code and Commercial Code, as well as the other civil or commercial regulations regarding contracts. The use of electronic means shall not be previously agreed by the parties. In case the contract or the information is saved on an electronic medium, it shall be understood that it is in writing. The digital medium on which the contract was saved at its conclusion by electronic means shall be accepted as a documentary evidence in a court action.The contracts concluded between the parties shall be deemed to have been executed in the place where the company has its registered office and/or establishment.
As a consequence of new economic and/or commercial circumstances that require a change, or due to amendments, changes and enactments of laws, regulations and implementing provisions regarding the rendering of the Service and/or aspects related to it, the company reserves the right to modify or replace the present Contracting Conditions at the expiration of the contract.
The company commits itself to make all possible efforts to maintain an acceptable level of compliance with regard to its contractual obligations.
XIV.- SCOPE OF LIABILITY
The company will not be responsible for problems that may occur due to lack of access or problems inherent to Internet connectivity or electricity networks, whose causes lie outside the control of the company or that could not have been foreseen by the Parties. Likewise, the company will not be responsible for causes that, despite of being foreseeable, could not be avoided although all reasonable efforts were undertaken in this respect, or causes that are considered fortuitous or causes of force majeure.
Fortuitous events and cases of force majeure
Pursuant to article 1105 of the Spanish Civil Code, the company will in no case be responsible for delays in the performance of its obligations or failure of their fulfilment if such non-performance arises due to a fortuitous event or an event that constitutes a case of force majeure. If this occurs, it shall be communicated to the other party in the shortest possible timeframe. The agreed delivery terms shall be extended at least with the period corresponding to the actual duration of the situation due to force majeure. If the situation of force majeure lasts more than three (3) months, any of the parties may withdraw from these Contracting Conditions.
XV.- PROTECTION OF INTELLECTUAL PROPERTY
The website WWW.VINSMIQUELGELABERT.COM is the property of MIGUEL GELABERT FULLANA. The trade mark is duly registered under the name of Vins Miquel Gelabert. Likewise, the company MIGUEL GELABERT FULLANA is the owner of the website WWW.VINSMIQUELGELABERT.COM, including, but not limited to its programming, information edition, compilation, designs, logotypes, text and graphs that are protected by national and international regulations regarding intellectual and industrial property. For this reason, the holder of the rights expressly prohibits the partial or whole reproduction or use by third parties (by any physical or electronic means), except as otherwise provided in a written agreement or authorisation in this respect.
The access of this website on part of the user does not grant to the user any property rights in the site. The company MIGUEL GELABERT FULLANAshall initiate the corresponding legal actions against any person knowingly performing without authority any of the above described acts.
XVI.- APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed by and interpreted according to the Spanish law, which will be applicable in all matters that are not expressly set forth in this document. The parties submit themselves to the jurisdiction of the Courts and Tribunals of Palma de Mallorca for any matter or action derived from the provision of services of this website, its services and contents, as well as from the interpretation, application, compliance or non-compliance of what is established in the present general conditions.
XVII.- PERSONAL DATA
In compliance with the Organic Law 15/1999 of December 13 on personal data protection (hereafter referred to as LOPD), the company MIGUEL GELABERT FULLANA, with corporate tax ID number (CIF):78197195R, corporate address: CALLE BARTOLOME CALAFELL, 23 C.P. 07600 PALMA-BALEARIC ISLANDS, SPAIN and e-mail address: firstname.lastname@example.org, informs the users that, in compliance with the provisions of article 5 of the Organic Law 15/1999 of December 13 on personal data protection (LOPD), the company informs you that your personal data will be included in several mixed files named CLIENTS/ACCOUNTING/WEB USERS. The aim of these files is to enable the company the payment and/or contracting and/or order of the acquired products, for banking, accounting and fiscal purposes. The entity responsible for the files is the company MIGUEL GELABERT FULLANA, with corporate tax ID number (CIF): 78197195R, corporate address: carrer sales nº 50 07500 MANACOR, BALEARES PALMA-BALEARIC ISLANDS, SPAIN Hereby you authorise the Entity to process and use your credit card data with the purpose of making the payments and the acquisition of the contracted products, as well as making the corresponding orders. This data will be incorporated into a mixed file named CLIENTS/ACCOUNTING/WEB USERS. Likewise, we hereby inform you about your rights to access, rectify, cancel or oppose the treatment of your personal data. This can be done at any time by sending a written notification to the before mentioned address of the company and/or by e-mail to: email@example.com
The collected personal data (gathered by different means such as customer surveys, information requested through forms or proceeding from sources accessible to the public) will be processed, computerised and included into the corresponding files which are duly registered at the Spanish Data Protection Agency. The collection and computerised processing of personal data is carried out with the purpose of maintaining the contractual relationship that may be established with the company MIGUEL GELABERT FULLANA, as well as with the purpose of carrying out information, marketing and other similar activities, with the specification that marketing activities will always be clearly identified as such. Moreover, in case that the company MIGUEL GELABERT FULLANA is getting access to personal data whose responsible is the Client, the said company shall be considered as the controller of this data and commits itself to assume its obligations according to the law, especially with regards to its obligations defined in article 12 of the Organic Law on personal data protection in force. The company MIGUEL GELABERT FULLANA will process the data it has access to according to the instructions of the Client and will not use the before mentioned data for any purposes other than those provided for in this contract. In the same way, we inform you that the above mentioned data may be transferred to those enterprises linked to the company MIGUEL GELABERT FULLANA, whose activity comprises the production, distribution or marketing of contents and services related to the field, with the aim of maintaining you informed about any novelty, promotion, contest or launching in relation to the products or services they offer.
The user may, at any time, exercise its rights of access, rectification, cancellation and opposition, as recognised under the Spanish Organic Law on personal data protection (LOPD). This can be done personally by the user, sending a written communication to the following address: MIGUEL GELABERT FULLANA, corporate tax ID number (CIF): 78197195R, corporate address: carrer sales nº 50 07500 MANACOR, BALEARES PALMA-BALEARIC ISLANDS, SPAIN.