The present conditions of sale and contracting are intended to regulate the legal relationships that arise between the owner of the website and the users who register in it in order to purchase items through the website. Specifically, they determine the rights and obligations of both parties both in the use of the website as a result of the acquisition by users of any of the items offered on it.
These conditions of sale and contracting have been prepared in accordance with the provisions of the Organic Law on Protection of Personal Data 15/1999, Law 34/2002 on services of the information society and electronic commerce, Law 1 / 2007 of November 16 for the Defense of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, as well as any legal provisions that may be applicable.
2.- CHARACTERISTICS OF THE ARTICLES
The articles offered on the website are only available for shipments to the peninsula, the Canary Islands, the Balearic Islands and some European countries. The articles meet the characteristics and prices collected and stipulated in the website itself. The items will be for sale while stocks last, in which case they will be removed immediately from the website or it will be specifically stated that it is out of stock. The prices of the articles are those that appear together with the description of the same in the web space itself and are set in euros, including VAT, except for typographical or typographical errors. The prices in no case include the shipping costs of the item. The characteristics of the article are those that appear on the website, in no case INIDIVEGIL, S.L. is responsible for the differences that may exist between the original product and the photograph displayed on the web, taking into account that such differences may come from light, the nature of the monitor on which the page is viewed, etc …
3.- CELEBRATION OF THE CONTRACT
4.- PAYMENT OF THE PRICE AND SHIPPING COSTS
The price of the articles will be at all times that established on the website. The price is set in euros and includes VAT but does not include shipping costs for the product. These shipping costs will be added at the time of formalizing the order, being included in the total cost of the order and may vary depending on the weight, size or number of products purchased.
To formalize the payment, once the information on the order form has been filled in with the products to be purchased, it will be necessary to authorize the payment for the total amount of the purchase (including VAT and shipping costs), by credit card or other payment methods state in the website. Credit card are accepted as VISA, MASTER CARD, 4B, MAESTRO 4B cards. Once the payment has been made, the seller (owner of the website) will send an email to the buyer (user) confirming the order and informing him of the delivery time. In the event that the payment is not formalized (either due to an error on the website, or because the payment is not authorized by the Banking Entity), the perfection of the contract will not be possible, and no obligation may arise for the owner of the website, not understanding that the order has been made by the user.
5.- SHIPPING AND DELIVERY CONDITIONS
The seller undertakes to deliver the products purchased by the user within a maximum period of 30 days from the sending of the order confirming email. The delivery will be made at the address designated by the user (buyer) in the order form, who will be responsible for any error that appears in the same that prevents the correct delivery of the products.
6.- WITHDRAWAL AND RETURN OF PRODUCTS
The buyer may withdraw from the contract, at any time and for any reason, within a period of seven days from receipt of the product. To this end, you must contact, within that period, with the owner of the website, either through the email address email@example.com in order to notify him of your desire to withdraw from the contract and you must to proceed to send the merchandise to the postal address: Almazara Quaryat Dillar Calle Alegre nº45 – 18152 Dílar (Granada) Spain immediately and in its original packaging. The shipping costs generated as a result of the return due to withdrawal will be borne and paid by the buyer in all cases. Once the merchandise is received, the status of the merchandise will be checked, proceeding to return the price of the products, only in the event that the returned items are in perfect condition. The return of the price of the returned products will be made within a period of ten days from the receipt of the merchandise and once the status of the merchandise has been checked.
In the event that the items purchased are in poor condition or are defective or the package is damaged or in poor condition, the buyer must contact the seller within 24 hours of receiving the product, communicating such circumstance to the seller either by phone, by mail or through the contact form, who will take the appropriate steps to replace it with a new one without any additional charge or for the refund of the purchase amount and shipping costs in your case within a maximum period of ten days. In this case, the shipping costs generated as a result of the return of the defective product will be assumed by the seller. The products are always sent perfectly packaged, so that if the package is received with damage, breakage or defects, the buyer must state them on the delivery note and notify the seller within the period and form previously indicated in order to be compensated in the maximum period of ten days from the return of the product.
7.- RESPONSIBILITY OF THE OWNER OF THE WEBSITE
The owner of the website will only be liable for damages that are caused as a result of their negligent or malicious action. In no case will it be responsible when the breach or delay in the fulfilment of any of the obligations assumed by virtue of these contracting conditions occurs as a result of a fortuitous event or as a result of force majeure. Causes of force majeure will include any act, event, omission or accident that is not reasonably foreseeable or, if foreseeable, is beyond our reasonable control, not being avoidable, including, among others and with a merely illustrative character, the following:
It will be understood that the obligation to fulfil the contract by the seller is suspended during the entire period in which the force majeure continues. The seller is not responsible for any damages that may arise for the user or for third parties as a result of the misuse of the product or the own negligence of the users or third parties.
The products offered on the website have the legal guarantee provided in Law 1/2007, and any legal provisions that may develop it.
8.-OBLIGATIONS OF THE USERS
In general, the User undertakes to comply with these General Conditions, as well as to comply with the warnings or instructions for use contained therein or on the website and to always act in accordance with the law, good customs and the requirements of good faith, employing due diligence to the nature of the service you enjoy, refraining from using the website in any way that may prevent, damage or impair its normal operation, the goods or rights of the owner of www.quaryatdillar.com or the rest of Users or any third party.
Specifically, and without implying any restriction on the obligation assumed by the User in general in accordance with the above, the user undertakes, in the use of the website, as well as in the acquisition of the Products to:
10.- COMMUNICATIONS AND NOTIFICATIONS
For the purposes of these Contract Conditions and for any communication that is precise between users and the owner of the web space, they should be directed by email by sending an email to the address firstname.lastname@example.org or by postal communication addressed to INDIVEGIL, SL Calle Alegre nº45 – 18152 Dílar (Granada) Spain. The communications of Almazara Quaryat Dillar with the user will be made in accordance with the data provided by the user when registering as a user in the web space, either at the postal address or at the electronic address provided by them.
11.- APPLICABLE LEGISLATION AND JURISDICTION
This contract will be governed by Spanish legislation, which will be applicable to what is not provided in this contract in terms of interpretation, validity and execution. In the event that any type of discrepancy or claim occurs between the parties in relation to compliance or the content of these General Conditions, the parties will negotiate in good faith to try to resolve such discrepancy or claim within a maximum period of one month counted from the date on which either of them formally notify the other that the discrepancy has arisen or notify the claim. In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties submit to the Courts and Tribunals that by law correspond to them.
12.- DECLARATION OF NULLITY OF THE CLAUSES
If any of the clauses included in these conditions were declared totally or partially null or ineffective, such nullity will affect only said provision or the part of it that is null or ineffective, the stipulated conditions subsisting in the rest.