GENERAL CONTRACTING CONDITIONS

INTRODUCTION

This document establishes the conditions governing the use of the website and the purchase of products offered on it.

We kindly ask you to read these Conditions, our Cookies Policy and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you agree to be bound by these General Conditions of Contract and by our Privacy Policies, so if you do not agree with everything provided in the General Conditions of Contracting and with the Privacy Policies, you should not use this web page.

If you have any questions related to the General Contracting Conditions or the Privacy Policies, you can contact us at the contact channels indicated in the following point.

OUR DATA

The sale of items through this website is carried out by BODEGAS VIÑA ELENA, S.L. (hereinafter MATICES GOURMET), domiciled at Paraje Estrecho de Marín S/N, CN-344, KM 52,5, 30520, Jumilla, MURCIA, and B-30463608, with telephone 968 78 13 40 and email atencioncliente@maticesgourmet.es

YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policies. By using this website, you consent to the processing of said information and data and, in turn, declare that all the information or data you provide us is true and corresponds to reality.

USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

Make use of this website only to make legally valid inquiries or orders.
Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

SERVICE AVAILABILITY

The articles offered through this website are only available for shipment to mainland Spain.

HOW TO PLACE AN ORDER

To place an order, you must follow the online purchase procedure, first choosing the products that may be of interest to you, filling in all the data that are required during the procedure and finalizing confirming the purchase.

Next, you will receive an email acknowledging receipt of your order. Likewise, we will inform you by email when your order is being sent to you.

TECHNICAL MEANS TO CORRECT ERRORS

In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.

In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service through the telephone number listed in the header, or the email address, as well as exercising the right of rectification contemplated in our Privacy Policy.

This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order. If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, on the phone or at the aforementioned email address, to correct the error. .

PAYMENT

The form of payment for purchases will be selected during the purchase process and payment, according to the chosen form, will be made at the end of the purchase process and will be an essential condition for its formalization.

The accepted forms of payment are the following:

Payment will be made by credit or debit card; the user must provide the cardholder's name, number, expiration date and CVV. All information will be processed through the bank's POS.

DELIVERY AND SHIPPING COSTS

All the products offered on the website are available (except for out of stock or exceptional cases), which allows us to process orders so that they are delivered within 48 hours, counting from the day after the order is placed.

Orders received on Friday or holidays will be shipped the first following business day. If for any reason there is a delay in the shipment, we will inform you of the estimated delivery time.

After two days without establishing contact, the company will try to reach you at the phone number you have provided. After 3 days without being contacted, the package will be returned by the courier, so it is important to make sure you provide an address where it can be easily reached.

If the order was finally returned by the courier agency due to the inability to contact the customer, the customer would be responsible for paying for the new shipment.

Once the package has been sent, the delivery address may be modified within the same town.

It is not possible to specify the exact time of delivery, just as the courier company will not contact you before the first delivery attempt.

If there is any error in your received order, please contact us and we will inform you of the best way to solve the error at no cost to you.

Shipping costs will be specified at the time of purchase.

VALUE ADDED TAX AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla.

The applicable VAT rate will be the one legally in force at all times depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories.

The client will be able to download the invoice of the purchases made by accessing the order history with their user code. However, the client can request at any time that a copy of the corresponding invoice be sent to him by electronic means or on paper, at his choice.

RETURN POLICY

The user may revoke the purchase or withdraw from the contract within 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from when you or a third party indicated by you, other than the carrier, acquired material possession of the goods.

There are exceptions to the right of withdrawal in the following cases:

• The supply of goods that may deteriorate or expire quickly.
• The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
• To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You also have the option of completing and sending the model withdrawal form or any other unequivocal statement through the following DOCUMENT. If you use this option, we will notify you without delay, on a durable medium, of the receipt of said withdrawal.

If the cause of the return was that the returned item is defective or does not correspond to what was requested in the order, MATICES GOURMET will bear the costs of the return and new shipment.

If the reason for the return is that the order does not satisfy you:

• We will refund the amount, including delivery costs (except delivery costs if you have chosen an option other than ordinary delivery, in this case only the expenses assigned by the website for ordinary delivery will be returned) without any undue delay
• The refund will be made, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
• You must bear the direct cost of returning the goods.
• The refund will be made using the same means of payment that was used in the initial transaction, unless you have expressly provided otherwise, and as long as it does not entail additional costs.
• The company reserves the right to withhold reimbursement until the goods have been received, or until you have submitted proof of their return, depending on which condition is met first.

GUARANTEE

The contractual guarantee offered is the one established in Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Clients and Users.

MATICES GOURMET will be liable for any lack of conformity that appears within two years from delivery, as long as the client has informed us of said lack of conformity within two months of becoming aware of it.

RESPONSIBILITY

Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the way that we or those who have granted us a license for its use expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material.

You will not try to gain unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website.

You agree not to attack this website through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker.

Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.

LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

WRITTEN COMMUNICATIONS

Applicable regulations require that part of the information or communications we send you be in writing, however, by using this website you accept that most of these communications with us are electronic.

We will contact you by email or provide you with information by posting notices on this website.

For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter.

EVENTS BEYOND OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events caused by force majeure.

The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

• Strikes, lockouts or other industrial action.
• Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• It will be understood that the obligations will be suspended during the period in which the force majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the force majeure.

We will use all reasonable means to end the force majeure event or to find a solution that allows us to fulfill our obligations despite the force majeure event.

RESIGNATION

The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you through the different means of contact you provided.

PARTIAL NULLITY

If any of these Conditions or any provision of a contract, were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

OUR RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to modify these Terms and Conditions. We will keep you informed of the substantial changes made to them. These will not be retroactive and, except for possible exceptions depending on the specific case, they will apply after 10 days from the date of their publication in the corresponding notice. If you do not agree with the modifications made, we recommend that you do not use our website.

APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.

These General Conditions are subject to and will be governed in accordance with the provisions of the laws of Spain, in particular in:

• Law 7/1998, of April 13, on General Contracting Conditions,
• Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws,
• Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which it repeals Directive 95/46 /EC,
• Law 34/2002 of July 11, Services Information Society and Electronic Commerce.
• The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the consumer's domicile.

COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions, as well as any query, complaint or claim through our contact form, the telephone, or the postal address or email indicated in Clause 2 of these General Contract Conditions.

In addition, we have official complaint forms available to consumers and users. You can request them by calling the phone number available in the header or through our contact form.

Your complaints and claims to our customer service will be dealt with in the shortest possible time and, in any case, within a maximum period of one month. Likewise, they will be registered with an identifying code that we will make known to you and will allow you to track them. If you as a consumer consider that your rights have been violated, you can direct your complaints to us through the email address in order to request an out-of-court dispute resolution.

In this sense, if the acquisition between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us. in terms of consumption accessible through the address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES