TERMS AND CONDITIONS OF SALE
1) Purpose and scope
These general conditions are intended to regulate the relationship between SOLER & DEGOLLADA, SA (hereinafter, CAVA MARTÍN SOLER) and you (hereinafter, THE CLIENT), relating to all transactions in the online shop of the company.
CAVA MARTÍN SOLER is a Spanish company, registered in the Commercial Registry of Barcelona, Volume 8281, Book 7534, Section 2, Folio 59, Sheet 94963, 1st Registry, with CIF A58297094 and registered office at Finca La Serra Sabanell in E-08736 Font-Rubí (Barcelona).
Any incident, complaint or claim relating to a purchase made through the website, needs to be communicated to the email address: firstname.lastname@example.org.
The sale of alcoholic beverages of any strength to minors under the age of 18 it is prohibited.
Likewise, the products offered by CAVA MARTÍN SOLER, through the online shop of the company, they are not aimed at countries where the consumption of alcoholic beverages is prohibited.
3) Acceptance and acceptance proof
The acquisition of the products must be done by activating the button with a SHOPPING CART, thereby THE CLIENT expresses the full acceptance of all these terms and conditions, prior to the acquisition of products, but are not applicable to the developments that may occur in the clauses of these term and conditions later.
If THE CLIENT wants to read more carefully these term and conditions, he can print out or save the document electronically.
CAVA MARTÍN SOLER will forward to THE CLIENT, once he expressly accepts these terms and conditions, the confirmation of the contract made through email before 24 hours of purchase are met.
CAVA MARTÍN SOLER informs THE CLIENT that files electronic documents of formalized purchases.
If THE CLIENT makes a mistake when sending data, he may modify them calling the customer service at (+34) 938 988 220. If the modified data refer to the address where THE CLIENT has requested the delivery of the product acquired, provided that the product has not been shipped yet, such order will be sent to the new address. Otherwise, THE CLIENT must wait the delivery and then start the appropriate procedures of the return, as detailed in paragraph 4.4.
4) Prices, Payment, Delivery and cancellation
The prices for each product are indicated on the website on the date of the order, including all the VAT (value added tax) and other taxes that may be applicable.
The offers will be duly marked and identified as such, and will display the previous price and the offer price.
CAVA MARTÍN SOLER reserves the right to make anywhere, at any time and without notice, any modifications it deems appropriate and can update products and services daily, depending on the market.
Shipping costs are indicated when ordering always. For deliveries to countries outside Spain, THE CLIENT must comply with the legal requirements of his country to import alcoholic beverages.
4.2 Method of Payment
Once THE CLIENT has confirmed the purchase of the product, he must settle the amount indicated.
Purchases can be paid through the payment gateway of CaixaBank.
Payment will be charged to THE CLIENT's account at the time he purchases the product. The card with which payment is made must be associated with a financial institution that is a Spanish bank or savings bank.
For each purchase of a product, THE CLIENT must provide the requested information that will be processed by "secure online payment gateways." CAVA MARTÍN SOLER ensures THE CLIENT, that does not keep confidential data concerning the means of payment used once confirmed and finalized the acquisition process. Banks with which CAVA MARTÍN SOLER has signed agreements for the provision of payments via the known as "safe online payment gateways", are the only ones that can access such data for the management of payments and collections. While the payment is made, THE CLIENT is directed to the secure interface (https) of the bank, whom the card information is provided and validates the operation, so not accessible to third parties.
In order that CAVA MARTÍN SOLER carries out the necessary steps, THE CLIENT shall notify to CAVA MARTÍN SOLER, as soon as possible, any improper or fraudulent charge. Such notification may be performed to the email address: email@example.com, or by calling the telephone number: (+34) 938 988 220.
Deliveries are sent to the delivery address that THE CLIENT indicates, within 48 hours, for deliveries in the Iberian Peninsula and 7-10 days for abroad for products on stock.
If THE CLIENT does not receive the order within the specified period, please contact CAVA MARTÍN SOLER, by email at: firstname.lastname@example.org, or by calling the telephone number: (+34) 938 988 220.
CAVA MARTÍN SOLER ensures THE CLIENT the option to cancel his order at any time and at no cost, if the cancellation is communicated before the order has been made available to the carrier for shipment. Otherwise, he must wait to receive the order to process his refund.
THE CLIENT shall have a period of seven working days, from the execution of the purchase, to terminate the contract. THE CLIENT shall communicate to CAVA MARTÍN SOLER, within the stipulated time and by any means allowed by law, his desire to exercise the withdrawal from the contract.
The returned order must be delivered, along with the delivery note and the invoice issued by CAVA MARTÍN SOLER and CAVA MARTÍN SOLER will bear the cost of return. THE CLIENT may return any article purchased at the online shop of CAVA MARTÍN SOLER, as long as the products have not been opened or used and retain their seal or original packaging.
After accepting the request of withdrawal, CAVA MARTÍN SOLER will proceed to the refund of the amounts paid by THE CLIENT, as soon as possible, and in any event within thirty days from the request of cancellation received. Additionally, he will be sent the confirmation, as well as the acceptance of the application of cancellation.
If a product, other than that requested by THE CLIENT, was delivered by CAVA MARTÍN SOLER, he will get the proper product, collecting the first, without any additional charge to THE CLIENT.
If a product broken, damaged or in poor condition had arrived to THE CLIENT, CAVA MARTÍN SOLER will take care of picking it at his home and replace it by another in good condition, without additional charges. For any complaints or requests, please contact the following email address: email@example.com.
The language of the contract between CAVA MARTÍN SOLER and THE CLIENT will be Spanish, Catalan or English, depending on the language selected in the online shop.
6) Responsibilities of CAVA MARTÍN SOLER
CAVA MARTÍN SOLER ensures the quality of service contracted through the online shop and all entitlements in existing laws relating to consumers and users.
The breach of any of these terms and conditions will lead to the return of products and the cancellation of services by THE CLIENT.
7) Responsibilities of THE CLIENT
THE CLIENT is obliged to make proper use of the services, without contravening the law or infringing the rights and interests of third parties.
THE CLIENT guarantees the truthfulness and accuracy of the data provided by filling in forms of contract, to cause no harm to CAVA MARTÍN SOLER, due to the inaccuracy thereof.
Likewise, THE CLIENT expressly agrees not to destroy, alter, disable or, in any way, damage data, programs or documents that are in the online shop and/or on the website.
THE CLIENT or the user undertakes not to hinder access of other clients or users to access service through the mass consumption of computing resources, as well as actions that may damage, interrupt or generate errors in such systems or services.
THE CLIENT or the user undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of CAVA MARTÍN SOLER or third parties.
THE CLIENT or the user agrees not to obtain information, messages, graphics, pictures, sound files and/or images, photographs, recordings, software and, in general, any kind of material accessible through the online shop, of any services offered therein and/or in the website.
8) Personal and commercial communications
Please, note that THE CLIENT’s personal data will be part of a file owned by CAVA MARTÍN SOLER, to manage and fulfill his order and to send to him information about the products we produce and distribute, both by postal communications and electronic ones.
Data processing that occur as a result of the services offered by CAVA MARTÍN SOLER, are subject to the LOPD (Organic Law on Data Protection).
THE CLIENT can exercise his rights of access, rectification, cancellation and opposition, as well as revoke the consent to send electronic commercial communications, by sending an email to the address: firstname.lastname@example.org, or a letter to: CAVA MARTÍN SOLER, Finca La Serra Sabanell, 08736 Font-Rubí (Barcelona).
9) Intellectual Property
Intellectual and industrial property rights over creations, trademarks, logos and any other element subject to protection, contained in the online shop and/or the website, are held exclusively by CAVA MARTÍN SOLER or third parties who have authorized their inclusion in the online shop and/or the website.
The reproduction, distribution, marketing or transformation of such creations, trademarks, logos, etc., constitutes an infringement of the rights of the intellectual property of CAVA MARTÍN SOLER or the holder thereof and may give rise to the exercise of any judicial or extrajudicial actions that they may be entitled in the exercise of their rights.
Also, the information to which THE CLIENT can access through the online shop and/or the website, may be protected by industrial, intellectual or other property. CAVA MARTÍN SOLER will not be responsible, in any case, and under any circumstances, for violations of such rights that THE CLIENT or user may commit.
The infringement of these rights may constitute a violation of these terms and conditions and an act of crime typified in articles 270 and following of the Penal Code.
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11) Jurisdiction and Applicable Law
In the event of any conflict or discrepancy in the interpretation or application of these contract terms and conditions, the courts that will hear the case, will be the courts of Vilafranca del Penedès (Barcelona).