1.- Object and generalities
The present General Conditions of the Contract (hereinafter, the "General Conditions"), together with the particular conditions that may be established in each case, regulate the conditions of purchase of products that are published on the page www.vinodayenu.com (hereinafter, the "Website" or the "Portal"), owned by Juan Luis Rivas Anoro (hereinafter "Owner"), with NIF 01935014-R, whose address is Calle De la Cabeza Molar 10, 19160 Chiloeches Guadalajara.
The use of the services of the website, as well as the acquisition of any of the published products, supposes the acceptance of the user, without reservations of any kind, of each and every one of the present General Conditions. The use of the services implies that your data as a user will become part of the Owner's files, and its treatment will be in accordance with the provisions of the Privacy Policy, which the user expressly declares to know and accept.
The owner provides information about the products and offers the possibility of their acquisition through the Website. The people who intend to acquire products must follow the steps that the Owner communicates through the Website or through the information received from our commercial team.
These General Conditions, together with the Legal warning and the Privacy Policy of the Website, are the only conditions applicable to the use of the Portal and the purchase of the products from the Owner and replace any other conditions. Consequently, the customer who makes the purchase of products by contacting the commercial team agrees to submit and is bound by the General Conditions, Legal warning and Privacy Policy as they are drawn up at the time you access the Website.
2.- Information about the products
The photographs, graphic or iconographic representations and videos related to the Products published on the page www.vinodayenu.com, as well as trade names, trademarks or distinctive signs of any kind contained in the Website, have for the purpose of providing the most information, however, the User must take into account that they have an indicative purpose and, consequently, lack exhaustive character.
The Owner reserves the right to decide, at all times, the products offered to Users through the Portal. In this way, the Owner 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 that are in force at that time .
Likewise, the Owner reserves the right to stop providing access, at any time and without prior notice, to any of the products offered in the Portal.
In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, the Owner will inform the User by email of the total or, if applicable, partial cancellation of the order. The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the exercise of the right of withdrawal corresponding to the User in accordance with the provisions of these General Conditions.
3.- Product purchase system
To proceed with the purchase of the product, the registered or invited User, who must be over eighteen (18) years old, must select the product that he wishes to buy and add it to the Cart. Once the selection of products to be purchased has been completed, the User must click on the "Go through the box" icon. Next, the selected products will be indicated for their purchase and the User must select between the shipment of the products to the address entered in his registration data. Finally, the user must click on the "Pay" icon. The order, once accepted by the client will become firm at the moment in which the Owner has confirmation of the effective payment by the buyer.
The Customer Service Department of the Owner will send the customer the corresponding invoice within a period of less than thirty (30) days from the execution of the purchase.
4.- Prices of the products
The offer associated with each purchase is completely individualised for each client as the final price including taxes varies depending on the format of the product, the quantity requested, the place and delivery deadline.
The shipping costs of the products are borne by the buyer and will be detailed and broken down for each order.
The Owner reserves the right to modify the prices reflected in the Website, at any time. The products will be billed at the current price reflected on the Website, in the moment of the registration of the order.
5.- Payment of the products
The payment of the price of the goods purchased and the shipping costs, which will appear on the screen, may be made through any payment system indicated at any time on the Website.
To proceed with the payment, the User must follow the instructions that appear on the screen depending on the payment system chosen.
The User must notify The Owner, through tienda@vinodayenu.com any undue or fraudulent charge on the account provided for purchases on the Website, in the shortest possible time, in order for the Owner to perform the managements that you consider convenient.
6.- Delivery of the products
The Owner undertakes the delivery of the products purchased by the customer in the purchase process in the shortest time possible, and in any case, within thirty (30) calendar days from the date of confirmation of the order. The delivery will be made, at the address expressly indicated for each order. Products will not be delivered in post office boxes or booths.
The Owner does not deliver products in Ceuta, Melilla, the Balearic Islands, the Canary Islands, Portuguese islands, the Republic of Ireland, Cyprus, Malta, Finland, or the Italian islands of Sardinia and Sicily, the Channel Islands of the United Kingdom, Jersey and Guernsey, or the French island of Corsica, Mayotte, Reunion, French Guiana, Martinique and Guadeloupe.
Delivery times are approximate and will be defined in the section Shipping Costs. The expenses of each order will be detailed individually for each order.
If, after the period of time that the Owner enables the collection of the product to the client, the client does not pick it up, the products will be returned to the Owner and the customer will be responsible for the shipping and return costs, as well as the possible associated management expenses.
The Owner will not be responsible for errors or damages caused in the delivery when the delivery address provided by the customer does not conform to the place of delivery desired by the same.
7.- Return of products
(i) Right of withdrawal
The User will have a maximum period of fourteen (14) calendar days from the delivery of the product to cancel, totally or partially, the purchase of the product, in accordance with the applicable legislation.
Once the term of fourteen (14) calendar days has expired, the Owner will not accept returns for withdrawal of product purchases.
In the case of desisting from the purchase of a product, the User must contact the Owner by sending an email to tienda@vinodayenu.com. You can also use the model withdrawal form that is available here
In any case, in the event of abandoning the purchase, the following requirements must be met:
1) The product must be in the same condition in which it was delivered and must retain its original packaging and labeling.
2) The return to the Owner must be done using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition.
3) A copy of the proof of purchase and the delivery note of the products must be included in the package, which also indicates the products returned and the reason for the return.
The returns of the orders should be sent to the address of Juan Luis Rivas Anoro, De la Cabeza Molar Street 10, 19160 Chiloeches, Guadalajara, Spain. The User will assume the shipping costs for return in case of exercise of the right of withdrawal.
(ii) Return of defective products
Without prejudice to any other rights that may correspond, the customer will be entitled to reimbursement of the price of defective products or products delivered if they do not correspond to the order made by the customer. Alternatively to the above, the customer will have the right to claim, and to be delivered, an equal product, in perfect condition.
In the cases of return to the Owner of defective products or that do not correspond to your order, this must be done by the customer through the procedure established in section (i) above, although the client, in this case, should not deal with the return costs of these products.
As long as the client has followed the procedure established in section (i) above and the requirements established in this section have been met, the Owner will reimburse the price paid for the returned products that are defective or that do not correspond to the order of products made by the client, in accordance with the provisions of subsection (iii) below.
(iii) Reimbursement of the price of the products to the client
Provided that the Client has followed the procedure established in this section and the requirements established therein, the Owner shall reimburse the price paid by the Customer corresponding to the products returned. In the event that the return is made in the exercise of the right of withdrawal of the Client described in section (i) the Owner will not pay or face the costs and / or return costs.
The Customer shall not be entitled to a refund of the price of returned products that are not in the same condition in which they were delivered, or the requirements established in these General Conditions have not been met.
The partial returns of an order will result in the refund of the price corresponding to the product or products actually returned.
The Owner will manage the return order by bank transfer for the purchase of the products, within a period of thirty (30) days from the collection of the returned order and once the Owner has verified that the products subject to return comply with the requirements established in sections (i) and (ii) above. The application of the refund of the price in the Client's account will depend on the bank.
8.- Modification of the General Conditions
The Owner reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Conditions. Clients will always have these General Conditions in a visible place, freely accessible for any queries they wish to make. Users agree to read these General Conditions carefully each time they access the Website store. In any case, the acceptance of the General Conditions will be a preliminary and indispensable step to the hiring of any product available through the Website.
9.- Communications between the Owner and the User
All communications between the Owner and the User regarding these General Conditions or the acquisition of the products through the Website, will be made in writing and in accordance with the communication procedures established in these General Conditions for each particular case.
For the rest of the cases that are not expressly regulated in these General Conditions, the communications that the User intends to send to the Owner will be directed to the address of the Owner indicated in the First Condition and will be made in writing and through a system that allows to prove the content and the reception by the Owner of the corresponding communication.
10.- Integrity of the General Conditions
These General Conditions, the Privacy Policy and the Legal warning constitute the express and sole will of the Owner and the User in relation to their purpose and invalidates and substitutes any other agreements or contracts, verbal or in writing, reached by the parties previously.
11.- Partial nullity
In the event that any Clause of these General Conditions is declared void, it will proceed to the withdrawal or replacement of the same. In any case, said declaration of nullity will not affect the validity of the rest of the provisions included in these General Conditions.
12.- Law and applicable Jurisdiction
These General Conditions are governed and interpreted in accordance with Spanish law.
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 agree to submit the decision of the matter raised to the competent Courts and Tribunals in accordance with the applicable legislation.