TERMS AND CONDITIONS OF USE
1.- GENERAL CONTRACTING CONDITIONS
1.1.- The present general contracting conditions, together with the specific conditions that may be established, will expressly regulate the relations between Jesús del Olmo García, domiciled at C / Sofía 177, letter i, 28022 of Madrid and N.I.F. 52.867.753E (hereinafter DE BLANCO A TINTO) and the third parties (hereinafter "Users") that use the Internet portal www.deblancoatinto.com (hereinafter the "Portal"), as well as with third parties that contract the products offered through it.
DE BLANCO A TINTO reserves the right, at any time, to modify unilaterally, without prior notice, and at any time the presentation and configuration of the Portal.
1.2.- These General Conditions have been prepared in accordance with the provisions of Law 7/1998 on General Conditions of contracting, Royal Decree 1906/1999 which regulates telephone or electronic contracting with general conditions in development of the article 5.3 of the Law 7/1998, the General Law 26/1984 for the Defense of Consumers and Users, the Law 7/1996 on the Regulation of Retail Trade, the Royal Decree-Law 14/1999 regulating the Electronic Signature and how many provisions legal results are applicable.
1.3.- By using the Portal www.deblancoatinto.com you acquire the status of User.
Both the visit and the use and / or acquisition of any of the products of the Portal, imply acceptance as User, without reservations of any kind, to each and every one of the General Conditions, as well as, where appropriate, to the Conditions Individuals that, if applicable, govern the acquisition.
1.4.- DE BLANCO A TINTO may, at any time and without prior notice, modify these General Conditions, by publishing such modifications on the Portal in order that they may be known by Users always before the visit to the Portal or to the acquisition of any goods offered on the Portal.
2.- PRODUCTS OFFERED. PURCHASE SYSTEM
2.1.- The products offered on the Portal, together with their characteristics and prices, will appear on the screen.
Likewise, the shipping costs to the User's address of the products, which will always be paid by the buyer, will appear on the screen. These products will be available for sale until end of stock. The prices indicated on the screen are in euros and include the I.V.A. and any other tax that was applicable and are in force, except typographical error. The offers will be properly displayed on the screen.
DE BLANCO A TINTO reserves the right to decide, at any time, the products that are contained and offered to the Users through the Portal. In this way, DE BLANCO A TINTO may at any time add new products to those included in the Portal, understanding, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at that time. Also, DE BLANCO A TINTO reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal.
2.2.- For the purchase of the products offered on the Website, DE BLANCO A TINTO will request Users to proceed to register, for which said Users, who must be over eighteen years of age, must comply with the following conditions and execute the following instructions:
2.2.1. Capacity and age: When placing an order through the website, you guarantee that:
2.2.2. has the legal capacity to enter into binding contracts; Y
2.2.3. He is not under 18 years old.
2.2.4 Alcohol: In addition, you acknowledge and agree that:
2.2.5. In accordance with the provisions of Law 11/2010 of December 17 on the prevention of the consumption of alcoholic beverages in minors, it is forbidden to sell alcoholic beverages to persons under 18 years of age, or for persons over 18 years of age for persons under 18 years of age;
2.2.6. Orders that contain so much alcohol can not be accepted by people under 18 years of age.
A.- Completion of the electronic form that at any time appears on the Portal following the instructions indicated therein.
B.- Pressing the "Accept" button
2.3.- Once the User has registered, and to proceed with the purchase of Products, he / she must add the product that he / she wants in the Shopping Cart, according to the indications collected on the screen, filling in the order form provided and sending it to DE. BLANCO A TINTO, which supposes the reading and acceptance of all the present General Conditions, as well as in its case the existing Particular Conditions.
The purchase will be understood carried out in the address of DE BLANCO A TINTO, located in Sofía street, 177 letter i, 28022 of Madrid.
2.4.- Once the purchase has been made and within the shortest possible time, always within thirty days from the execution of the purchase, the Customer Service Department of DE BLANCO A TINTO will send the User-Buyer to the address e-mail address indicated on the form, a proof of purchase. The order confirmation sent by DE BLANCO A TINTO will not be valid as an invoice, only as proof of purchase. Likewise, the User-Buyer may request to firstname.lastname@example.org, the corresponding invoice, if it is sent by email to the address indicated in the purchase form, as soon as possible, and always before thirty days since the execution of the purchase.
2.5.- Taxes: Purchases made by VAT taxpayers (companies, organizations, etc.) residing in the European Union and endowed with an intra-community NIF will be exempt from VAT payment, being an essential condition the sending of the document by email : email@example.com
Once received the email with the document accrediting the taxpayer of intra-community VAT, we will proceed to the refund of the invoiced VAT, by depositing the credit card used to make the payment, or bank transfer, if this was the payment method chosen
3.- FORM OF PAYMENT, DELIVERY AND WITHDRAWAL OF THE ORDERS
3.1.- The payment of the price of the goods purchased and the shipping costs, which will appear on the screen, can be done through the following options:
A- credit card
B.- Debit card
C.- Bank transfer to the account of ES52 2038 1989 0760 0018 6534 in the name of Jesús del Olmo García.
To proceed with the payment, the User must follow the instructions that appear on the screen, providing the requested information: type of card, card number and expiration date.
As an electronic payment system, DE BLANCO A TINTO is attached to the Bankia e-commerce payment gateway. All the data provided for this purpose are encrypted under the SSL (Secure Socket Layers) protocol to guarantee the maximum security of the same.
3.1.C .- In the case of choosing the bank transfer as a form of payment, the User-Buyer, must send DE BLANCO A TINTO, a copy of the proof of payment, indicating his name and the order number provided by FROM WHITE TO TINTO at the time of formalization of the purchase, by email.
3.2.- FROM BLANCO TO TINTO is obliged to deliver the goods purchased by the User, at the address of the buyer indicated for this purpose in the order form (products will not be delivered in post office boxes), in the shortest possible time and , in any case, always before thirty calendar days from the date of formulation of the order. The shipping costs of the purchased items will be paid by the Buyer.
3.3. The User-Buyer will have a period of seven working days, according to the official calendar of his place of residence, to resolve the purchase, being the transport expenses originated by the return of the merchandise on behalf of the User-Buyer, provided that the the nature of the acquired good allows it.
Returns sent by postage or cash on delivery will not be accepted. The term of seven days established in the previous paragraph will be computed from the reception by the buyer of the purchased goods.
The returns of the orders should be sent to the address of DE BLANCO A TINTO, Sofía street, 177 letter i, 28022 of Madrid. Exercised by the buyer the right of resolution, DE BLANCO A TINTO will refund the amounts received by means of a payment through the same means by which the payment was received and never in a period exceeding thirty days.
Notwithstanding the foregoing, the right to termination (withdrawal) is excluded in those cases in which, due to the very nature of the goods subject to acquisition, it is impossible to carry it out, without prejudice to the claim for damages suffered.
4.- POLICY OF PROTECTION OF DATA OF PERSONAL CHARACTER
4.1 For the purposes of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, DE BLANCO A TINTO informs the User of the existence of an automated file of personal data created with the data obtained in the Portal by and for DE BLANCO A TINTO, and under its responsibility, with the purposes of information and marketing of the products offered in the Portal.
As well as the realization of promotional and advertising activities by any means, including sending messages through any system, that may be of interest, to expand and improve our products, adapting our offers to your preferences or needs, from the study and segmentation of personal and commercial information that appears in our files as a result of your access to the Portal, as well as to allow personalized navigation.
4.2 The user expressly accepts the inclusion of the data collected while browsing the Portal, or provided by filling in any form, as well as those derived from the commercial relationship and / or delivery of the purchased products, in the automated data file of a personal nature referred to in the previous section.
During the process of collecting the data, and at each place on the Portal where such data is requested, the User will be informed of the mandatory nature or otherwise of the collection of such data for the delivery of the products, except for the realization of orders in which case DE BLANCO A TINTO informs the User that it will not be considered voluntary, so it will be necessary to include it for the formalization of the purchase order, provide the data regarding the identity and address, as it is these data necessary for the formalization and conclusion of the sale.
4.3 The User may exercise, with respect to the data collected in the manner provided in the previous section, the rights recognized in the Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and opposition, if applicable , as well as the revocation of consent for the transfer of your data or for any of the uses mentioned above. The rights referred to in the previous paragraph may be exercised by the User, by written and signed request addressed to the following address: DE BLANCO A TINTO, Sofía street, 177 letter i, 28022 of Madrid, or by sending an email to the address: firstname.lastname@example.org
4.4 DE BLANCO A TINTO informs that for the access by the Users to any section of the contents or services offered on the Portal, it may be necessary to previously complete registration forms, in which the User is requested to enter data of a personal nature
4.5 DE BLANCO A TINTO undertakes, in the use of the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with their obligation to save them and to adopt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation of Security Measures of automated files containing personal data, approved by Royal Decree 994/1999, of July 11.
4.6 On behalf of the company, we treat the information you provide us in order to place an order and invoice the services. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with the legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation of whether we are dealing with your personal data in De Blanco a Tinto, therefore you have the right to access your personal data, correct inaccurate data or request its deletion when the data is no longer necessary.
If the providers provide their data through another system, they will be asked to sign a dated form containing the aforementioned information.
The person in charge of the treatment will only accept and process the data contained in the files in accordance with the instructions of the person in charge and will only use or apply them to carry out, on behalf of the person responsible, the services specifically contracted.
5.- INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS
5.1 All content displayed on the Portal and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are subject to copyright. intellectual and industrial property of DE BLANCO A TINTO or third parties who have duly authorized their inclusion in the Portal.
5.2 In no case shall it be understood that any license or renunciation, transfer, total or partial assignment of said rights is granted or any right or expectation of right is conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication. on said contents without the prior express authorization of DE BLANCO A TINTO or the corresponding owners.
5.3 No link to the Portal can be established from any other website without the prior and express consent from DE BLANCO A TINTO.
6.- RESPONSIBILITY OF FROM WHITE TO RED
6.1 FROM WHITE TO RED, will only be liable for damages that the User may suffer as a consequence of the use of the Portal when said damages are attributable to an intentional act of this Company. The User acknowledges and accepts that the use of the Portal, as well as the acquisition of the products is carried out at his own risk and his entire responsibility.
6.2 DE BLANCO A TINTO is not liable for damages that may arise from, with a purely enunciative and non-limiting nature.
A.- Inferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational functioning of this electronic system or in the computers and computer equipment of Users, motivated by causes beyond WHITE TO RED, that prevent or delay carrying out orders or browsing the portal.
B.- Delays or blockages in the use caused by deficiencies or overloads of the Internet or in other electronic systems.
C.- That may be caused by third parties through illegitimate interference outside the control of the Portal and that are not attributable to DE BLANCO A TINTO.
D.- The divergences of the information, documentation and / or other content of the Portal that may exist between the electronic version and the printed version.
E.- The impossibility of giving the Service or allowing access for reasons not attributable to DE BLANCO A TINTO, due to the User, to third parties, or to cases of force majeure.
6.3 DE BLANCO A TINTO does not control, in general, the use that Users make of the Portal.
In particular DE BLANCO A TINTO does not guarantee under any circumstances that Users use the Portal in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so diligently and prudently .
6.4 The Portal is aimed at final consumers, in the sense established by Law 26/1984 of July 19, General of the Defense of Consumers and Users, for the consumer's own consumption or of the people on behalf of whom the User is legally authorized to act. Therefore, supermarkets, hypermarkets, wholesalers, distributors, purchasing centers, supermarkets and other intermediaries of the sector and related sectors, as well as home consumers outside the scope of activity of the Portal, are excluded from the service.
In accordance with this Law, the Portal, upon requesting quantities of products that are not customary for private consumption, reserves the right to confirm to the User the amount that can be provided, as well as the delivery date.
7.- OBLIGATIONS OF THE USER
7.1 In general, the User agrees to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the Portal and always act in accordance with the Law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service you enjoy, abstaining from using the Portal in any way that may prevent, damage or impair the normal functioning thereof, the property or rights of DE BLANCO A TINTO, its suppliers, the rest of Users or in general of any third party.
7.2 Specifically, and without implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User is obliged, in the use of the Portal, as well as in the acquisition of the Products to:
I.- In the case of registering, the User undertakes to truthfully provide the data provided and to keep it updated.
II.- To properly guard the "User Name" and the "Password" that they use to register in the portal, as identifiers and enablers for access to the purchase of products, agreeing not to cede their use or to allow access to them from third parties, assuming responsibility for the damages that may arise from their improper use. Likewise, the user undertakes to notify DE BLANCO A TINTO, as quickly as possible, of their loss or theft as well as any risk of access to the user's name and / or password by a third party.
III.- Do not use false identities, or impersonate the identity of other Users in the use of the Portal or in the use or acquisition of any of the Products, including the use in your case of passwords or passwords of third parties or any other shape.
IV.- Not to destroy, alter, disable or damage the data, information, programs or electronic documents of DE BLANCO A TINTO, its suppliers or third parties.
For the purposes of these General Conditions, and for any communication that is necessary between DE BLANCO A TINTO and the User, they must contact the Customer Service by email (by sending a message to email@example.com) or through written communication addressed to the Customer Service Department of DE BLANCO A TINTO, Sofía Street, 177 letter i, 28022 of Madrid. Communications from DE BLANCO A TINTO to the User will be made according to the data provided by him when registering on the Portal.
9.- APPLICABLE LEGISLATION. ARBITRATION
9.1 This contract will be governed by Spanish legislation, which will be applicable to the provisions of these General Conditions of Contract? in terms of interpretation, validity and execution.
In the event that any of the stipulations of the present General Conditions of Contract? If it is null and void, it will not affect the validity and effectiveness of the rest.
9.2 In the event of any type of discrepancy or claim between the parties in relation to the fulfillment or 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 year. month counted from the date on which either of them formally notifies the other that the discrepancy has arisen or notifies the claim.
In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties, expressly waiving any jurisdiction that may apply, submit the decision of the matter raised to the Arbitration Institution of the Spanish Association of Technological Arbitration (ARBITEC) ), which is entrusted with the administration of the arbitration and the appointment of the arbitrators in accordance with its Regulations and Statutes. Likewise, the parties are obliged to accept and comply with the decision contained in the arbitration award that is issued. If the arbitration is not carried out by mutual agreement or was declared null and void, both parties submit to the Courts and Tribunals of Madrid, expressly waiving their own jurisdiction, if this was another.