GENERAL TERMS AND CONDITIONS
This contractual document shall govern the General Conditions for contracting products (hereinafter, "Conditions") through the website: pedralonga.es, owned by ADEGA PEDRALONGA, S.L., hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
• Ha leído, entiende y comprende lo aquí expuesto.
• A person with sufficient capacity to contract.
• It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is ADEGA PEDRALONGA, S.L., with registered office at C/ Santiaguiño de Godos, 17 - 36615 Caldas de Reis (Pontevedra), NIF B94117249 and customer service telephone number: 986535201.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
The USER, in order to access the products offered by the PROVIDER, must be of legal age and register through the website by creating a user account.
The USER will select a user name and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1) General terms and conditions.
2) Shipment of orders.
3) Right of withdrawal.
5) Force majeure.
7) Generalities of the offer.
8) Price and period of validity of the offer.
9) Transport costs.
10) Method of payment, costs and discounts.
11) Purchasing process.
12) Applicable guarantees.
13) Guarantees and returns.
14) Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.
Shipments of goods will usually be made by EXPRESS MAIL (MRW, POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Failure to perform the contract remotely
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods 30 days after the agreed delivery date, due to unavailability of the product or service, the USER shall be informed and shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the reimbursement of the total amount, the USER may claim payment of double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The delivery time is usually between 2 and 5 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not assume any responsibility when the delivery of the product does not take place due to false, inaccurate or incomplete information provided by the USER..
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the USER's responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim for possible defects or flaws in the product, both online and offline.
The USER has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the product packaging is not the original packaging or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is unopened and it cannot be proved that it has not been used.
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to firstname.lastname@example.org, indicating the corresponding invoice or order number.
Once the USER has received the return number, he/she shall send the product to the PROVIDER, indicating this number on the letter of dispatch, with the transport costs at his/her expense, to the address of ADEGA PEDRALONGA, S.L., C/ Santiaguiño de Godos, 17 - 36615 Caldas de Reis (Pontevedra).
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: ADEGA PEDRALONGA, S.L., C/ Santiaguiño de Godos, 17 - 36615 Caldas de Reis (Pontevedra)
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of ADEGA PEDRALONGA, S.L. or to what is stipulated herein, will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
Due to continuous technical developments and product improvements, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as the value of the products offered is not affected. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed..
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER may contact the customer service telephone number: 986535201 or by e-mail to the following address: email@example.com.
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
The maximum transport tariff applied is as follows:
Peninsula up to 2 Kg: .......... €
Peninsula > 2 Kg up to 10 Kg: .......... €
Peninsula > 10 Kg: .......... €
Outside mainland Spain up to 2 Kg: .......... €
Outside mainland > 2 Kg up to 10 Kg: .......... €
Outside mainland > 10 Kg: .......... €
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER offers the following ways to pay for an order:
• Bank transfer: a discount of ........... % will be applied for early payment.
• Cash on delivery: a charge of ........... % (minimum €3) will be applied as a collection fee. Payment will not be accepted if it exceeds ........... €.
• Credit card: no discounts or charges will be applied. Payment by credit card will not be accepted if it exceeds ........... €.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Basket (budget simulation)
You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. Verification of invoicing data.
2. Verification of the shipping address.
3. Selection of the method of payment.
4. Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
12. APPLICABLE SAFEGUARDS
All products offered through the website are completely original, unless otherwise stated in their description. They all have a warranty period of two years, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, and is liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
1. Contracts for the sale or purchase of products and contracts for the supply of products to be produced or manufactured shall fall within the scope of this Title.
2. The provisions of this Title shall not apply to products purchased by judicial sale, to water or gas, where they are not packaged for sale in a limited volume or set quantity, and to electricity. Nor shall it apply to second-hand products purchased at administrative auctions which consumers and users may attend in person.
Article 116. Conformity of the products with the contract.
1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:
a) Conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.
b) Are fit for the purposes for which products of the same type are normally intended.
c) Are fit for any special use required by the consumer and user where he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for such use.
d) They are of a quality and performance which are normal in a product of the same type and which the consumer and user can reasonably expect, given the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or on labelling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have been aware of the statement in question, that the statement had been corrected at the time of conclusion of the contract or that the statement could not have influenced the decision to purchase the product.
2. Lack of conformity resulting from improper installation of the product shall be deemed to be equivalent to lack of conformity of the product where the installation is included in the contract of sale or supply referred to in Article 115 (1) and has been carried out by or under the responsibility of the seller, or by the consumer and user where the faulty installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the consumer and user.
Article 117. Incompatibility of shares.
The exercise of the actions provided for in this Title shall be incompatible with the exercise of the actions arising from the remedy for hidden defects of the sale.
In any case, the consumer and user shall be entitled, in accordance with civil and commercial law, to be compensated for damages arising from the lack of conformity.
Article 118. Liability of the seller and rights of the consumer and user.
The consumer and user has the right to have the product repaired, replaced, the price reduced or the contract rescinded, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. As soon as the consumer and user informs the seller of the option chosen, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. A remedy shall be deemed disproportionate if it imposes unreasonable costs on the seller in comparison with the alternative remedy, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be carried out without major inconvenience to the consumer and user.
In order to determine whether the costs are unreasonable, the costs for one form of remediation must also be significantly higher than the costs for the other form of remediation.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the consumer and user. This free of charge shall include the necessary costs incurred to remedy the lack of conformity of the products with the contract, in particular shipping costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and their intended purpose for the consumer and user.
c) The repair suspends the running of the periods referred to in Article 123. The period of suspension shall begin when the consumer and user places the product at the disposal of the seller and shall end when the repaired product is delivered to the consumer and user. During the six months following delivery of the repaired product, the seller shall be liable for the lack of conformity that gave rise to the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
d) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, a price reduction or termination of the contract under the terms provided for in this chapter.
e) Replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, the second paragraph of Article 123.1 shall apply to the substitute product.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand repair of the product, unless this option is disproportionate, a price reduction or termination of the contract as provided for in this chapter.
g) The consumer and user shall not be entitled to demand replacement in the case of non-fungible products, nor in the case of second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and the rescission of the contract shall take place, at the choice of the consumer and user, when the consumer and user cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The termination shall not apply where the lack of conformity is minor.
Article 122. Criteria for the reduction of the price.
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
Article 123. Time limits.
1. The seller is liable for any lack of conformity that becomes apparent within two years of delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, was already present when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless there is proof to the contrary, delivery is understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
3. The seller is obliged to provide the consumer or user who exercises his right to repair or replacement with documentary proof of delivery of the product, stating the date of delivery and the lack of conformity giving rise to the exercise of the right.
Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery, stating the date of delivery and, where appropriate, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this Title shall be time-barred three years after delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to do so shall not entail the loss of the corresponding right to compensation, the consumer and user being liable, however, for the damage or loss actually caused by the delay in communication.
In the absence of proof to the contrary, the communication by the consumer and user shall be deemed to have taken place within the time limit.
Article 124. Action against the producer.
Where it is impossible or excessively burdensome for the consumer and user to claim against the seller for lack of conformity of the products with the contract, he may claim directly against the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the producer's liability ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
The party liable to the consumer and user shall have a period of one year to take action against the party responsible for the lack of conformity. This period is calculated from the time when the remedy was completed..
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER's domicile.