The following General Conditions regulate the purchase of products offered through the web site www.winesunderwater.com, property of Elixsea Beverages, SL, with NIF B55315915, registered office at veïnat de Batet, 2 17534 Ribes de Freser and e-mail address ; from now on, the "COMPANY".
In this document we will refer to the "USER", who is the natural person who acquires the product offered through the web, and the "COMPANY", which is us.
The products are purchased directly from the COMPANY, which acts as a direct seller, so the contract of sale of the products is concluded between the USER and the COMPANY.
The USER must read and accept these General Conditions and the information on the products he/she wants to buy before proceeding with the purchase. This acceptance will be made expressly by clicking on the box "I have read and accept the general conditions", which will appear during the purchase process. By doing so, the USER confirms that he/she is of legal age and has the legal capacity to acquire the products offered by the COMPANY.
When the purchase is formalised, it will be understood that it has been perfected in its own right and from this moment on the prices and conditions will be of a contractual nature and may only be modified by express agreement between the contracting parties.
The COMPANY will file the electronic document in which the contract is formalized during one year and during this period the USER may obtain a copy of it.
1. USER OBLIGATIONS
The USER is obliged for all purposes to use the website and, if appropriate, to acquire the products offered by the COMPANY in accordance with the law and with the provisions of these General Conditions.
The COMPANY reserves the right to remove from the website any comment or opinion of the USER that is contrary to the law, especially in cases where the fundamental rights and freedoms of individuals are violated.
2. PROCEDURE OF PURCHASE AND FORM OF PAYMENT OF THE PRODUCTS
The USER will select on the web the products he/she wants to buy and the quantity or number of units. The prices indicated are in euros and are the current ones, except for a typographical error, and it will be indicated whether or not they include the applicable taxes.
The USER must fill in the form with his/her data in order to process the order, click on the "Continue" section to proceed with the purchase of the products and expressly accept these General Conditions. On the following page, the USER will be shown a summary of the products he/she wishes to purchase, their price, all applicable taxes, shipping costs and the expected delivery time. Before clicking on the "Pay" section, the USER may make any changes he/she considers appropriate. Once the USER accesses the "Pay" section, he/she must enter the details of the credit card with which he/she is going to make the payment or the details of his/her PayPal account and accept the payment.
Within 24 hours of receiving the order, the COMPANY will send an email to the USER'S e-mail address to acknowledge receipt of the order and confirm the purchase made. The contract will not be considered to be concluded until the COMPANY receives the payment of the price of the products.
If the USER wants an invoice, he may get it by asking the COMPANY by email.
The USER will be responsible for the veracity of the personal data provided to the COMPANY and, in particular, will be responsible for the credit or debit cards he/she uses being his/her property and having sufficient funds to cover the cost of the products he/she wants to purchase. The COMPANY reserves the right to cancel the sale in the event of non-payment, return of the payment, denied card or false data, or in the event that it cannot verify the card data. Likewise, the USER must notify the COMPANY by e-mail of any undue or fraudulent charge on the card used for purchases on the web as soon as it is known.
3. RIGHT OF WITHDRAWAL
In accordance with Articles 102 and following of the Royal Decree-Law 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, the USER who is a consumer or user in accordance with the definition established in Article 3 of the Royal Decree-Law may cancel the purchase made for any reason within 14 calendar days of receipt of the product. However, as established in the following section, entitled "EXCEPTIONS TO THE RIGHT OF WITHDRAWAL", this right is not applicable to the goods and services specified in the aforementioned section.
To exercise the right of withdrawal, the USER must notify his/her decision to withdraw from the contract by means of an unequivocal statement, which may be sent by post or by e-mail to the addresses given at the beginning of these general conditions. If he/she so wishes, he/she can use the following form:
(This form should only be filled in and sent to withdraw from the contract)
For the attention of Elixsea Beverages, SL, veïnat de Batet, 2 17534 Ribes de Freser; e-mail address
I hereby give notice that I am withdrawing from my contract of sale of the following goods: __________________________________________________________
Order placed on the day: ____________________
Name and surname: ______________________________________________________________________
Signature (only if this form is submitted on paper)
The COMPANY will only accept returns that meet the following conditions:
The product must be sent with the original packaging and labelling.
The product must be sent with the original box in which the order was received.
If it cannot be done in the original box, the USER must return it in a box that guarantees the protection of the content so that it reaches the COMPANY in good condition. Otherwise, the COMPANY reserves the right to refuse the return.
A copy of the invoice/bill must be included in the package and the products returned must be indicated.
The product must be returned to the COMPANY's address, which is stated at the beginning of these general conditions. The transport costs originated by the return will be borne by the USER and he/she may freely choose the company he/she prefers for the transport of the article. If he/she so wishes, he/she can calculate this cost here:
Once the product has been received and verified that it is in perfect condition, a refund will be processed, which will be made within a maximum period of 14 calendar days from the date on which the USER has communicated his/her intention to withdraw and by means of the same method of payment that the USER chose when placing the order. Until the COMPANY has received the returned items, the COMPANY may withhold the refund.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
As established in Art. 103 of the Royal Decree-Law 1/2007, of 16 November, by which the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws are approved, the right of withdrawal will not be applicable to contracts that refer to:
The provision of services, once the service has been provided in full or when its provision has already begun, with the prior express consent of the consumer and user and with the acknowledgement by him/her that he/she is aware that, once the entrepreneur has fully executed the contract, he/she will have lost his/her right of withdrawal.
The supply of goods or services where the price depends on financial market fluctuations over which the entrepreneur has no control and which may occur during the withdrawal period.
The supply of goods made to consumer and user specifications or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
The supply of goods which after their delivery, taking into account their nature, have been mixed in an inseparable way with other goods.
The supply of alcoholic beverages whose price has been agreed at the time of the conclusion of the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.
Contracts in which the consumer and user has specifically requested the entrepreneur to visit him/her to carry out urgent repair or maintenance operations; if, during this visit, the entrepreneur provides services in addition to those specifically requested by the consumer or supplies goods other than the spare parts necessary to carry out the maintenance or repair operations, the right of withdrawal shall apply to these additional services or goods.
The supply of sealed sound or video recordings or sealed software that the consumer and user has unsealed after delivery.
The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded by means of public auctions.
The provision of accommodation services for purposes other than housing, transport of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
The supply of digital content that is not provided in a material medium when the execution has begun with the prior express consent of the consumer and user and the latter is aware that, consequently, he/she loses his/her right of withdrawal.
For damage during transportation or shipping error:
If, at the time of delivery, it can be visibly and clearly seen, without the need to manipulate the shipping cartons or those of the product itself, that a product has defects caused by damage during transportation, or an error in the goods received can be seen in the same way, the USER must inform the COMPANY, to its email address given at the beginning of these general conditions, within 48 hours of receipt of the order, so that it can request the return of the product concerned and the replacement with a new one or the refund of the price paid for it.
For defective products:
If, once the package has been opened, the USER finds that a product is defective, he/she must notify the COMPANY to its email address and return it within 15 calendar days of receipt. In this case, when the return is justified, the COMPANY will reimburse the value of the product and the shipping costs, in addition to the direct costs of the return, within thirty (30) days of the reception by the COMPANY of the returned product.
This is without prejudice to the provisions of the existing mandatory consumer protection legislation.
The COMPANY shall be liable for any lack of conformity which becomes apparent within two years of delivery. In the event that the product purchased is second hand, this period shall be one year.
The USER must inform the COMPANY of the non-conformity within two months from the time he/she becomes aware of it. The guarantee does not cover damage caused by improper use or normal wear of the products.
6. - CUSTOMER SERVICE
For any communication, incident or claim, the USER can send a notification to the COMPANY to its e-mail address.
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that clause or the part of it that is null or ineffective, and the rest of the General Conditions will subsist.
Any notification or requirement that must be made by the parties in relation to the contracting of products or to these General Conditions must be made in writing and will be understood to have been duly made if it has been sent to the e-mail address that the other party has indicated for this purpose.
9. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions shall be governed and interpreted in accordance with the laws of Spain.
THE COMPANY reserves the right to make changes at any time to our website, as well as these General Conditions. The changes of essential elements will not affect the contracts already stipulated, unless the USER has expressly accepted the modified conditions.
10. INFORMATION ON DISPUTE RESOLUTION
Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://www.boe.es/buscar/doc.php?id=DOUE-L-2013-81182
The COMPANY reserves the right to make changes at any time to its website, as well as to these general conditions. The changes of essential elements will not affect the contracts already stipulated, unless the USER has expressly accepted the modified conditions.