SALE OF ALCOHOLIC BEVERAGES TO PERSONS UNDER THE AGE OF 18 IS PROHIBITED.
These General Contracting Conditions (hereinafter, the “General Conditions”), together with any particular conditions that may be established, regulate the conditions of purchase of products or services through the website www.bodegaerupcion.com (hereinafter, the “Website” or the “Portal”), owned by BODEGA ERUPCIÓN S.L. with C.I.F. B06792741.
1.- RELEVANT INFORMATION
It is a necessary requirement for the purchase of the products offered on this site that you read and accept the following Terms and Conditions which are set out below.
Any User who makes a purchase on the Website must be at least eighteen (18) years of age, which is the minimum legal age to purchase/consume alcoholic beverages.
“This merchant agrees not to permit any transaction that is illegal or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of, or negatively influence them. The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards”. In addition, the following activities are also explicitly prohibited:
“Sale of alcoholic beverages to persons under 18 years of age”
2.- PURPOSE OF THE CONTRACT
The purpose of these conditions is to expressly regulate the relationship between BODEGA ERUPCIÓN S.L. and the “users” who purchase products and services through the online shop from the website managed by the company.
The use of our services, as well as the purchase of our products will imply that you have read and accepted the Terms and Conditions of Use in the present document. All products that are offered by our website may be created, charged, shipped or presented by a third party website and in such case would be subject to their own Terms and Conditions. In order to purchase a product, it will be necessary for the user to register by entering reliable personal data and defining a password.
3.- PRODUCT INFORMATION
All the representations or graphic designs, photographs, or iconographies and videos relating to BODEGA ERUPCIÓN S.L. products, as well as commercial names, brands or distinctive signs of any kind contained on the Website, are intended to provide as much information as possible, however, the User must bear in mind that they are for guidance purposes and, consequently, are not exhaustive in nature.
The sale of these products shall be made to private individuals. BODEGA ERUPCIÓN S.L. reserves the right to decide, at any time, the products offered to Users through the Portal. Thus, BODEGA ERUPCIÓN S.L. may at any time add new products to those included in the Portal, it being understood, unless otherwise stipulated, that such new products shall be governed by the provisions of the General Conditions in force at that time. Likewise BODEGA ERUPCIÓN S.L. reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal. In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, BODEGA ERUPCIÓN S.L. shall inform the User by email of the total or, where appropriate, partial cancellation of the order. Partial cancellation of the order does not entitle the User to cancel the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these General Conditions.
4.- ACCEPTANCE AND AVAILABILITY
The customer expressly accepts full and unreserved adherence to these conditions at the time the User contracts the product and/or content in which he/she is interested. Therefore, the User declares to have read and accepted the indications given to him/her, without any other different conditions being applicable.
By accepting these General Terms and Conditions of Contract, the User declares:
That he/she is a person with the capacity to contract.
That he/she has read and accepts these general terms and conditions of contract and that he/she assumes the obligations set forth herein.
5.- MODIFICATION OF THE CONDITIONS OF CONTRACT
BODEGA ERUPCIÓN S.L. You can modify these stipulations whenever there is sufficient cause or reason for it. It is understood that there is sufficient cause or reason for the modification, including but not limited to, when the purpose is:
Expand the range or number of products that are made available to Users or improve existing ones.
Modify, replace or update the prices of the products offered through the website.
These conditions will be valid as long as they remain published on the website and will apply to the services purchased at the time said conditions were available.
6.- PRODUCT PURCHASE SYSTEM
To proceed with the purchase of the product, the User must enter the date of birth and be over eighteen (18) years of age, must select the product they wish to buy and add it to the Shopping Cart. Once the selection of products to be purchased has been completed, the User may continue the purchase or must click on the “Go to cart” icon. Next, the products selected for purchase will be indicated and the User must select between shipping the products to the address entered in their registration data. Finally, the user must press the “Complete purchase” icon.
Once the purchase process has been completed BODEGA ERUPCIÓN S.L. will send to the email provided by the User, an email confirming receipt of the order within 24 hours of its completion. The order confirmation sent by BODEGA ERUPCIÓN S.L. It will not be valid as an invoice, only as proof of purchase. The Customer Service Department of BODEGA ERUPCIÓN S.L. will send the User the corresponding invoice within a period of thirty (30) days from the execution of the purchase.
7.- METHOD OF PAYMENT, DELIVERY, AND WITHDRAWAL OF ORDERS.
7.1.- PRICES AND RATES
The prices of the products offered through the Website include all applicable taxes. The rates applicable to the contracting by the user of the services will be those that appear on the web page owned by BODEGA ERUPCIÓN at the moment in which the user accesses the specific service, and proceeds to start the contracting process. The shipping costs of the products on behalf of the buyer will be detailed and broken down in the “Your Cart” section of the Website.
BODEGA ERUPCIÓN reserves the right to modify the prices reflected on the Website at any time. The products will be invoiced at the current price reflected on the Website, at the time of registration of the order.
Payment of the price of the products purchased, and the shipping costs associated with them, may be made by credit or debit card or by other payment systems 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 chosen payment system.
As an electronic payment system, BODEGA ERUPCIÓN S.L. is attached to the electronic commerce payment gateway. All data provided for these purposes is encrypted under the CyberpacEasy protocol to guarantee maximum security.
7.3.- DELIVERY OF PRODUCTS
Bodega Erupción will deliver the products purchased by the User, at our facilities if they decide to come and pick it up at the Bodega with prior indication in comments, or at the delivery address of the order, in which case if the destination of the order is in the Canary Islands you will receive the order within a maximum period of 7 days from the acceptance of payment by the corresponding bank. Orders that are destined for the Peninsula and the Balearic Islands will receive the order within a maximum period of fifteen days, all of them counting from the acceptance of payment by the Bank. The package merchandise will be delivered to the address indicated by the customer.
7.4.- CANCELLATION POLICY
The user has a period of 24 hours to resolve the sale without incurring any penalty or expense, including the expenses corresponding to the return of the good. In any case, it will be understood that the user has been aware of the right of withdrawal since entering the Store, which requires the reading and acceptance of these General Contract Conditions, and in any case since the order is placed.
Once the buyer has exercised the right of termination, and verified the perfect and unaltered condition of the merchandise, it will return the amounts received by credit, within a period not exceeding 30 days.
7.5.- LOSS OR DAMAGE
The risk of loss or damage to the merchandise is transmitted to the client from the moment the delivery takes place at the address indicated by the client.
7.6.- LIABILITY FOR DAMAGES
BODEGA ERUPCIÓN is not responsible under any circumstances for damages caused by the misuse of the merchandise.
7.7.- RETURN AND REFUND POLICY
We do not make returns or refunds after the product is shipped, it is your responsibility to understand the features before purchasing.
The offers will be valid for the period specified in each case on the website. In the event that stocks run out before the end date of the offer, a product of equivalent quality and price may be supplied, by mutual agreement with the User.
8.- PROTECTION OF PERSONAL DATA
8.1.- For the purposes of the provisions of Organic Law 15/1999, of December 13, Protection of personal data (LOPD), BODEGA ERUPCIÓN informs the User of the existence of an automated file of personal data created with data obtained from the Portal and under its responsibility, for the purposes of information and marketing of the products offered in the Store, as well as carrying out promotional, advertising and informative activities by any means on its product portfolio, adapting its offers to the preferences or needs of its Users and to allow personalized navigation through the Portal.
8.2.- In this sense, the User is informed and gives his consent for the incorporation of his data into the automated files owned by BODEGA ERUPCIÓN, domiciled at C/ Guanche 8, 35561 Lanzarote duly registered with the General Registry of Data Protection of a personal nature.
The User declares that all the information provided by him is true and correct, and undertakes to notify BODEGA ERUPCIÓN of any changes that may occur in them. The User has the right to oppose the processing of any of their data that is not essential for the conclusion of the contract and its use for any purpose other than the maintenance of their contractual relationship.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. Obligations of BODEGA ERUPCIÓN
Provide the User with the maximum guarantees, the service requested by the latter in accordance with the provisions of the contracting conditions, without failing in good contractual faith.
Expressly inform the User of the existence of these conditions prior to the start of the contracting procedure.
Inform the User prior to contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the requested services, such as their price and applicable taxes.
Make available to the User a copy of the text of the general conditions.
9.2. User Obligations
Carry out full compliance with what is established in these conditions of the services provided by BODEGA ERUPCIÓN.
Complete the registration forms prior to the start of the contracting procedure with accurate and current information.
Correctly provide the bank details requested by BODEGA ERUPCIÓN.
Pay the price of the products purchased, without the presentation of a claim exempting you from this obligation.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY
10.1.- © BODEGA ERUPCIÓN is the owner of the Intellectual and Industrial Property rights of the elements that make up the design of the website, such as the brand, commercial name or distinctive sign. In particular and by way of non-limitation, the logos, color combinations, selection and form of presentation, the source code of the web page, menus, navigation buttons, HTML code, are protected by copyright. Java applets, texts, images, graphics, as well as any other content on the website owned by BODEGA ERUPCIÓN.
10.2.- The User undertakes to respect the intellectual and Industrial property rights of the website; therefore, the User will refrain from copying, reproducing, distributing, making available or publicly communicating the content of the web, without the express written authorization of BODEGA ERUPCIÓN.
11.- LIMITATION OF LIABILITY
The User expressly exonerates BODEGA ERUPCIÓN from all liability for direct and indirect damages derived from eventual errors on the website, as well as for eventual interruption, suspension, delay or anomaly in accessing it.
12.- NULLITY AND INEFFICACY OF THE CLAUSES
If any clause included in these conditions is declared totally or partially null or ineffective, such nullity will affect only said provision or the part of it that is null or ineffective, subsisting in all other conditions.