LEGAL NOTICE AND GENERAL CONTRACTING CONDITIONS
1.- Scope of application.
The purpose of this document is to establish and regulate the rules of use of the Site www.regalosgourmetonline.com (hereinafter the "Site"), understanding by Site all the pages and their contents owned by Deliex GIFTS, S.L.U. which are accessed through the domain www.regalosgourmetonline.com and its subdomains, as well as the General Contracting Conditions in sales from our online store. The use of the Site attributes the condition of User of the same and implies the acceptance of all the conditions included in this Legal Notice. The User agrees to read this Legal Notice carefully on each of the occasions on which he or she intends to use the Site, since it and its conditions of use contained in this Legal Notice may be modified.
The use of our online store, either as a simple visitor or as a registered member, attributes the condition of consumer or user, and the acceptance of the General Contract Conditions.
The user agrees to carefully read this Legal Notice and General Contracting Conditions on each of the occasions in which he intends to use the Site, as these may be modified. All notices can be reviewed at any time by the user through our website.
The user can download these conditions from here. If you want us to send them to you in another format, request it in the comments section when processing your order.
It will be understood that the follow-up of all the steps foreseen to acquire a product through our online store, as well as its request, implies the full and unreserved adherence of the user to each and every one of the general conditions published in the web page.
These Conditions will be applicable from the beginning of the online purchase procedure of the product until the receipt of the shipment, as well as the end of the withdrawal periods and legally established guarantees, as appropriate.
2.- Ownership of the Website.
The owner of this Site is Deliex Libros, S.L.U. with address at Polígono Industrial San Isidro, Calle Sanabria 7, C.P. 06400, by Don Benito, and with CIF: B06753149. Registered in the Mercantile Registry of BADAJOZ T 717, F 131, S 8, H BA 30160, I / A 1 (08.12.19). You can contact us at the following phone numbers or e-mail: Tfno: 924038470/691576029, e-mail: email@example.com
3.- Intellectual and industrial property.
The intellectual property rights of this site are owned by Deliex GIFTS, S.L.U., or third parties who have authorization when necessary. The unauthorized reproduction, distribution, commercialization or transformation, in whole or in part, of the content of the Site, constitutes an infringement of the intellectual property rights of Deliex Gifts, SLU Likewise, all trademarks or distinctive signs of any kind contained in the Site are protected by law.
The unauthorized use of the information contained in this Site, as well as the damages caused to the intellectual and industrial property rights of Deliex GIFTS, SLU, may give rise to the exercise of the legally corresponding actions and, if applicable, to the responsibilities derived from said exercise.
In the event that the products of our online store were subject to protection by Intellectual Property, Deliex Gifts, S.L.U. guarantees to be authorized to manage the acquisition and payment of the product to the consumer.
4.- Exclusion of liability.
The content, programs, information and / or advice expressed on this Site should be understood as merely indicative. Deliex Gifts, SLU, does not respond in any way to the effectiveness or accuracy of the same, being exempt from any contractual or extra-contractual liability with the Users who make use of them, since they are the ones that must decide according to their criteria the opportunity to the same.
On this Site you can publish content provided by third parties or companies, Deliex GIFTS, SLU, is not responsible for the veracity and accuracy of the same, being exempt from any contractual or extra-contractual liability with the Users who make use of them.
Deliex Gifts, S.L.U., reserves the right to modify the content of the Site without prior notice and without any limitation.
Likewise, it declines any responsibility for any damages that may be caused by the lack of availability and / or continuity of this Site and the services offered on it.
Deliex Gifts, S.L.U., does not guarantee the absence of viruses or other elements on the web that may cause alterations in your computer system. Deliex Gifts, S.L.U., declines any contractual or extra-contractual responsibility with Users who make use of it and have damages of any nature caused by computer viruses or by computer elements of any kind.
Deliex Gifts, S.L.U., declines any responsibility for the services that may eventually be provided on the Site by third parties.
Deliex Libros, S.L.U., declines any responsibility for the services and / or information provided on other Sites linked to this. Deliex Gifts, S.L.U., does not control or exercise any type of supervision on third party Websites. We advise the Users of the same to act with prudence and consult the possible legal conditions that are exposed in said webs.
Users who send any type of information to Deliex Gifts, S.L.U., undertake that it is truthful and that it does not violate any third party rights or current legislation.
5.- Conditions of use of the portal for users.
Access to this Site is free except for the cost of connection through the telecommunications network provided by the access provider contracted by users.
It is expressly forbidden to use the Site for purposes that are harmful to goods or interests of Deliex Premios, S.L.U. or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Deliex GIFTS, S.L.U., or third parties. In the event that the User becomes aware that the linked Sites refer to pages whose content or services are illegal, harmful, degrading, violent or contrary to morality, we would be grateful if you could contact Deliex Gifts, SLU.
6.- Personal data protection policy.
8.- Sale of goods, shipping and responsibility.
Through the portal www.regalosgourmetonline.com , consumers or users can purchase products. These are categorized, by selecting the product, the information available about it, its characteristics, utilities and price appears on the screen; and one or more descriptive photographs.
Before making the contract, the user must check it and assess whether it suits their needs. Technical assistance, after-sales services and other commercial guarantees that could assist the client may also appear, if any.
Before making the contract, the user must check it and assess whether it suits their needs. In addition, the user must be 14 years of age, provide the necessary data and accept these Conditions.
The fact that the user completes the order form does not imply the automatic acceptance of the order by Deliex GIFTS, SLU, but it will be understood that he accepts it when an automatic email acknowledging the request is sent to him. . -
The customer must follow the instructions on the screen and add products to the shopping cart, without any commitment to purchase. You can view the basket or empty it by removing the products.
If you wish to continue with the purchase, you must accept the purchase in the order button, accepting the conditions, the legal notice and those particular conditions that the purchase of the product / s entails.
Subsequently, if they have not been previously provided, the customer will be asked for their personal information with fields with an asterisk, which are mandatory for a correct shipment.
No prior customer registration is necessary.
The client can check if the data is correct and, where appropriate, correct any erroneous data through the "edit" button.
To complete the purchase process, you must click on the "buy now" button (or a similar expression), which entails the purchase with an obligation to pay.
If there are help pages during the process, they will give the customer extra information about the purchase process.
When the purchase of a good is formalized, and once the payment has been received and verified, Deliex Libros, S.L.U. will confirm the acceptance of the purchase by email in 24 hours. If the products are not available, we will inform you by email.
If the payment is made by credit card, the charge on the card will be made through the bank POS. All commercial transactions are carried out in a secure server environment under the SSL (Secure Socket Layer) protocol, which guarantees the security and privacy of your data.
The contract ends once the good has been delivered, although the guarantees and data are maintained for legal and commercial reasons (if you accepted them).
In no case Deliex Libros, S.L.U. will be liable for any other type of damage, whether actual, indirect, or of any other type, nor for the loss of profit that the buyer may have suffered due to problems arising from the sale and shipment of the product.
Deliex Gifts, S.L.U. will not be liable for delays, or for inaccurate or erroneous publication when they are the result of events or circumstances beyond its control, including, but not limited to, governmental action, fire, flood, insurrection, earthquake, technical failure, hacking, riot, explosion, embargo, legal or illegal strike, shortage of personnel or material, interruption of transport of any kind, delay in work, or any other circumstance beyond its control.
For any additional information about your order or billing, you can contact Customer Service through the email account firstname.lastname@example.org.
Delivery times: The delivery time will be 24-72 working hours approx. After placing the order, for those shipments that must be delivered within the Peninsula, Ceuta, Melilla and the Balearic Islands. In the case of the Canary Islands, the delivery time will be approximately 72h-96h. after placing the order. It can be accessed from any operating system, platform or browser. If you have a problem, contact us.
9.- Price, payment method, and supporting documentation.
The price of the products is defined in Euros, and will be established on the corresponding pages of the Site for each product, being valid for as long as they remain accessible on the website.
The form of payment of the goods will be through credit card / cash on delivery / paypal.
The applicable taxes are understood to be included in the price of the product.
Shipping costs are separate, and the user must check and accept before placing the order, the costs involved in sending it to their address, since they vary depending on the size and weight of the product or the place of destination.
From 80 Euros the shipping is free, in addition to having a series of products with free shipping even though the amount is less than 80 Euros.
In general, Deliex Gifts, S.L.U. will send by email confirmation of receipt of payment via email.
The guarantee of the products is two years from the date of receipt of the same, fixed in the receipt of the corresponding courier service, which the user signs upon delivery. For second-hand products, it will be 1 year. The warranty gives the user the right to repair the product or replace it with a new one (except consumables or second-hand), request a price reduction or terminate the contract.
In the event that Deliex Libros, S.L.U. alleges that a form causes him a disproportionate harm and with the consumer's agreement, they can choose the one that suits them.
During the six months after delivery of the repaired product, Deliex Gifts, S.L.U. will be liable for the lack of conformity that led to the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
11.- User obligations.
Any commercial use of the products with a registered trademark is expressly prohibited, unless expressly authorized by Deliex Gifts, S.L.U., or the owner of the Trademark registration.
The user undertakes to pay the price of the product and to use it in accordance with the law and these general conditions.
The user undertakes to maintain the confidentiality of his password and to notify us, immediately, of his suspicion of any unauthorized use of his account or access to his password.
The user agrees not to use the account, username or password of another User.
12.- Obligations of Deliex Libros, S.L.U.
It undertakes to make the necessary information related to the product available to the user and once the purchase has been made, to send a verification via email, which shows the receipt of the order placed, and the confirmation of payment. It undertakes to have the necessary spare parts for the product, or to request them from the manufacturer, for 5 years from the end of manufacture. Likewise, he will prepare an invoice that he will provide the consumer together with his order.
If you are not satisfied with the products purchased in our online store, you have the right to withdraw from the contract by returning your purchases, in accordance with the provisions of the following paragraphs.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, received the good.
The right of withdrawal will not be applicable for the items listed below:
1. Goods made according to the specifications of the consumer and user or clearly personalized.
2. Goods that can deteriorate or expire quickly.
3. Sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
4. Goods that after delivery and taking into account their nature have been inextricably mixed with other goods.
5. Alcoholic beverages whose price has been agreed upon at the time of entering into the sale contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control. In the event that in the same order you have purchased multiple goods that have been delivered to you separately, the withdrawal period will expire 14 calendar days from the day on which you, or a third party indicated by you other than the carrier, received the last of those goods.
In the event that you have acquired a good made up of multiple components or parts, the withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, received the last component or material.
In the event that you have contracted the periodic delivery of goods for a specified period, the withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, received the first of those goods.
Once the product is received, we will pay you both the main amount and the shipping costs you paid at the time, however, the shipping costs incurred for the return will be your account. The consumer will be responsible for the decrease in value of the goods resulting from a manipulation of them other than that necessary to establish their nature, characteristics or operation.
The consumer must communicate their willingness to withdraw by any legally admissible means: by calling 924038470/686 180 235, an email to email@example.com, or a letter to the address that is set out in these conditions, as well as proceed to the return of the product by postal parcel, at the expense of said return. The mere fact of returning the package to the address will be enough to consider that right has been exercised: Calle Polígono Industrial San Isidro, Calle Sanabria 7, C.P. 06400, by Don Benito.
However, we provide you with a withdrawal form at the end of this point, the use of which is not mandatory.
Once the return communication (if applicable) and the product to be returned have been received, Deliex Gifts, S.L.U. will proceed to return within a maximum period of 14 days the amounts of money paid by the user, including taxes and shipping costs, without any discount or penalty. The return will be made by the same means by which you paid, unless you tell us otherwise.
The user will only have to reimburse an amount for the decrease in the value of the property, which is a consequence of its use not in accordance with the agreement or the characteristics of the property, for reckless damages caused by not following the maintenance instructions of the property, or for malicious damages.
In the event that the return is due to product defects, the legal rights and guarantees on defective products are applied in accordance with the provisions of the applicable legislation for this purpose, the company being responsible for the shipping costs. < / p>
The right of withdrawal is only valid for consumers, including legal persons and entities without legal personality that act without profit motive in a field other than a commercial or business activity. Merchants or entrepreneurs who purchase products within the framework of a commercial or business activity will not be able to avail themselves of the right of withdrawal.
The user will be absolutely responsible for the use they make of the purchased product, and exonerates www.regalosgourmetonline.com, from the responsibility derived from any damage that could be caused by any incorrect use of that product. Specifically, you will be responsible for:
- All those acts that contravene the provisions of these general conditions, the law, morality, generally accepted customs and public order.
- Any act that is carried out in a way different from what is stated in the indications or instructions about the operation and use of the product.
- The certainty, accuracy, validity and timeliness of the data with which you will fill out each of the forms that Deliex Gifts, S.L.U. required on the website.
- The direct or indirect damages that have been caused by any third party if the user lost, revealed, neglected or, in any way, allowed a third party to know for attributable reasons their personal data necessary for contracting the product .
15.- Faculty to deny the order.
Deliex Gifts, S.L.U. reserves the right to exclude or not allow the acquisition of the product, when it considers that current regulations, general conditions, morals, generally accepted customs, public order are violated, when a third party is harmed, or when for reasons derived from the image and reputation of the website Deliex Gifts, SLU do not consider it appropriate. In this case, if the payment had been made, it will be returned.
16.- Information and modification.
Deliex Gifts, S.L.U. guarantees that it has exposed these general conditions to the generality of the possible interested parties, on the date before they could contract the products, thus complying with the prior information period. The user may consult these General Conditions at any time through our website.
The temporary validity of this condition coincides with the time of its exposure, until the moment in which the terms and conditions stipulated here are unilaterally modified in whole or in part, the user being obliged to consult our General Contracting Conditions each time you access our online store. If any clause is declared void, it will be deemed not to be set without affecting the rest of the conditions.
17.- Assignment and subrogation.
Deliex Gifts, S.L.U. may contract service providers, and collaborate or assign the contracts formalized to third entities, to carry out the supply of all or part of the products to which it is committed by virtue of the different operations that are formalized.
18.- Extinction and resolution.
This contract will be terminated when both parties comply with the obligations to which they undertake in it or when it is resolved by any of them if any of the causes provided for the resolution concur, or if the counterpart seriously breaches any of the obligations established in the contract.
Notifications must be sent by any reliable means to the following address: Deliex Gifts, S.L.U .; at Polígono Industrial San Isidro Street, Calle Sanabria 7, C.P. 06400, by Don Benito.
20.- Applicable law, jurisdiction and validity.
Deliex Gifts, S.L.U. informs you that this Legal Notice and the General Contracting Conditions are governed in each and every one of their extremes by Spanish legislation. This contract is established in Spanish.
When the consumer enjoys protection regulations, he may claim or sue from the jurisdiction of his domicile.
Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Don Benito (Spain), in the following cases:
That the purchasing party is domiciled outside the European Union and in that country there is no bilateral or multilateral agreement with Spain that prevents the possibility of establishing the express submission of the jurisdiction;
If it is a sale made by a company that acts within the framework of its business or professional activity,
21.- Contact us.
If you have any questions about these conditions, or if you would like to make any suggestion or recommendation, please contact us through the following email address: firstname.lastname@example.org.
22.- Online Dispute Resolution.
In accordance with the provisions of EU Regulation 524/2013 on online dispute resolution in consumer matters (ODR - Online Dispute Resolution), we inform you that as a consumer, you have at your disposal a procedure to resolve the various derivative disputes of the online sale of goods and services in the EU.
Is the EU RLL (online dispute resolution) platform available to you:
https://ec.europa.eu/consumers/odr/main/index.cfm? event = main.home2.show & lng = ES http://ec.europa.eu/consumers/odr/
You can consult more information at the following link:
23- Download Documents:
Model for exercising the right to cancel a distance purchase
(you should only fill in and send this form if as a consumer you wish to withdraw from the contract)
For the attention of Deliex Libros, S.L.U. - Returns Department Calle Polígono Industrial San Isidro, Calle Sanabria 7, C.P. 06400, by Don Benito.
That I D / Mrs. ________________________________ (name and surname), with address at ________________________________ (full address) and with telephone ______________________, and with email address _____________________, or a third party indicated by me (and other than the carrier), acquired possession material of the goods object of this contract, with order number _______________________________________.
I hereby inform you that I am withdrawing from my contract for the sale of the following good ___________________________________________ requested on (date DD / MM / YY) ___ / ___ / ______ and received on (date DD / MM / YY) ___ / ___ / _____ , since I am within the term that the law grants me for it.
In (City) ______________________ on (day) _________ of (month) _______________ of (year) 20___.
Signed. Mr. / Mrs. ___________________________________________