CONTRACT TERMS
GENERAL CONTRACTUAL CONDITIONS.
These General Terms and Conditions of Contract are intended to regulate the contractual relationship between ISLAVINOS, SL (hereinafter "the company/entity") and you (hereinafter "the client/user"), relating to the contracting and/or purchase of products and/or items made through the website www.islavinos.es (hereinafter "the website"), a domain owned by ISLAVINOS, SL, a legally constituted company, with registered office at CARRER QUATRE DE NOVEMBRE, Nº 5, 2º, DESP. 5 07011 PALMA DE MALLORCA, ILLES BALEARS, with Tax Identification Number B07904659 and registered in the Mercantile Registry of the Balearic Islands in Volume 1584, Folio 117, Page 29781, Section 8.
I.-INFORMATION PRIOR TO CONTRACTING.
If you are under 18 years of age, you may not purchase or contract any of the products on the website www.islavinos.es. To purchase or contract any product or item on the website, you must be of legal age.
We recommend that you read these general terms and conditions before making a purchase, as their acceptance is a necessary prerequisite for entering into a contract. Prior to the start of the contracting process, the company/entity makes these general terms and conditions available to you so that you can save and reproduce them.
We inform you that an electronic copy of these general terms and conditions of sale is created and will be accessible to you at all times. All information provided during the purchase process will be stored by the company, and you may access, save, and print these general terms and conditions of sale for your reference both before and during the purchase process.
We are informing you in advance of the steps you must follow to accept these general terms and conditions. The steps for purchasing the offered products are those described in these general terms and conditions, as well as any specific steps indicated on the website during browsing. Therefore, you, as the customer/user, acknowledge and accept these steps as necessary to acquire and/or purchase the products offered on the website.
You may choose to purchase our products in any of the languages available on the website. However, these general terms and conditions are written in Spanish.
During the contracting process, the company/entity provides you with appropriate technical means to identify and correct errors. Any modification or correction of the data you provide while browsing must be carried out according to the instructions on the website. This website displays confirmation windows for the data provided, which may prevent you from continuing with the purchase or contract if the data entered is not in the correct format. In any case, before making the payment, you can view the selected products and the details of your order on the website so that, if necessary, you can modify your order details. If you detect an error after completing the payment process, you should contact customer service by phone at 34 971 40 38 68 or by email at ISLAVINOS@ISLAVINOS.ES.
By providing your personal data, you expressly consent to the processing of this personal data for the purpose of acquiring and/or contracting the products on the website.
The online purchase and/or contracting of products offered by the company/entity through this website is subject to the provisions of these General Terms and Conditions of Contract.
The acquisition and/or contracting of any of the company's/entity's products through the website requires acceptance of each and every one of the general contracting conditions and/or the particular conditions that apply to the products acquired and/or contracted.
These General Terms and Conditions are subject to the provisions of Law 34/2002, on Information Society Services and Electronic Commerce; Law 7/1998 on General Terms and Conditions of Contract; Royal Decree 1906/1999 regulating telephone or electronic contracting with general terms and conditions in development of article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and the complementary laws that may apply.
For any questions, you can contact us at the email address: ISLAVINOS@ISLAVINOS.ES.
II.- SELLER'S DETAILS.
This website is operated by:
ISLAVINOS, S.L.
CIF/NIF. B07904659
Address: CARRER QUATRE DE NOVEMBRE, Nº 5, 2º, DESP. 5 07011 PALMA DE MALLORCA, BALEARIC ISLANDS.
ISLAVINOS, SL sells the products and/or items offered through the website www.islavinos.es.
The company/entity has its registered office and/or establishment at CARRER QUATRE DE NOVEMBRE, Nº 5, 2º, DESP. 5 07011 PALMA DE MALLORCA, ILLES BALEARS.
ISLAVINOS, SL owns the domain and website www.islavinos.es.
III. PURPOSE OF THE CONTRACT CONDITIONS.
These terms and conditions govern the sale of products and/or items offered by the company/entity on this website. They regulate the contractual relationship of purchase and/or contracting established between the company/entity and you when you check the corresponding box during the online purchase and/or contracting process.
The characteristics of the products purchased and/or contracted are reflected on the website.
Your purchase of any of the products and/or items through the website www.islavinos.es implies acceptance of and compliance with these General Terms and Conditions of Purchase and the specific conditions that may apply to the purchase and/or contracting of each of the products and/or items.
The prices applicable to the products and/or items purchased and/or contracted by you are those indicated on the website on the date of contracting and/or acquisition. VAT is included in the price.
All means and technical requirements necessary to access the website and the products and/or items offered therein will be the sole responsibility of the user.
Once you access the website, in order to proceed with the purchase and contracting of the different products or items you must follow all the indications and instructions contained on the website, completing for this purpose the required contracting conditions and other forms set for each product, which will imply the reading and acceptance of these General Contracting Conditions, as well as, where applicable, the particular conditions that may apply.
IV. PROCUREMENT PROCEDURE.
The purchase of products and/or items must be made by specifically selecting the desired product(s) using the purchase selection tools found on the website. Once you have selected and verified your purchase request, you must expressly accept the terms and conditions of purchase as displayed on the website. From the moment of acceptance, you acquire the status of customer/user of the company/entity. We recommend that you carefully read these General Terms and Conditions of Purchase and print them or save the document electronically.
To purchase any of the products on this website, you must register your personal and/or professional information. In some cases, you will need to create a username and password to access areas that require this prior identification. When you register your personal information on our website, or when you purchase one of our products, your personal and/or professional information is added to our database and will be used exclusively to process the sale of the purchased product during the selected period and to send you information about similar products and offers that may be of interest to you. You can modify your customer registration information (address, contact phone number, email address, etc.) at any time.
Purchase/contracting procedure:
1.-To start the contracting and/or acquisition of a product from the website, you must follow the instructions on the page and select the product and/or item you are interested in acquiring or contracting.
You will be able to view and manage the selected product(s) by following the purchase instructions on the website. When you select a product on the website, you will be able to see its features and price. We will also specify whether or not VAT is included in the final price of the selected product, as well as the terms and conditions, including shipping costs. VAT is included in the price.
Once you have selected your products and/or items, you must proceed to payment. Before confirming payment, we will inform you again of the price of the products and/or items you have selected, specifying whether or not VAT is included in the final price, the terms and conditions of the purchase, including information regarding the delivery date, and whether or not there are shipping costs, specifying the amount. In any case, you will be informed of the shipping costs for the product(s) you have purchased if these are not included in the final purchase price or contract price of the selected product or item.
You will also receive information regarding any applicable discounts. At this point, you can continue shopping or complete your payment and/or purchase.
2. To purchase and pay for the product, you must complete a form with the requested information. Fields marked with an asterisk are required to complete the purchase and payment. You must provide shipping details by specifying a delivery address.
Once you have entered the required personal data on the order and payment form, you must accept the terms and conditions of purchase by checking the corresponding box. You must also expressly consent to the processing of your personal data for the purpose of purchasing and/or contracting products on the website by checking the box regarding the privacy policy and personal data processing.
You can also request, by checking the corresponding box, to receive newsletters and offers from the company/entity. And confirm your billing address.
3. The payment method accepted by the company/entity is:
· Visa
· Master Card
4. The security of its clients is fundamental to the company/entity [...]. Therefore, to protect the transmission of confidential information, the website uses a data encryption protocol through an SSL Security Certificate. SSL encryption technology protects financial transactions and data flow (name, address, credit card number, etc.), allowing operations to be carried out securely. For payments with Visa and Mastercard credit cards, the client must have Secure Commerce (SEC) activated. The Secure Commerce protocol can be identified by the Visa “Verified by Visa” and Mastercard “Mastercard SecureCode” logos. In all transactions, the system validates the transaction with the card issuer, requesting a password/PIN/signature/security code that the client must have. This, along with the card number, expiration date, and the 3-digit security code on the back, guarantees the security of the transaction. We call this key/PIN/signature/security code the CES Security Code or CES Secure Ecommerce Code. The customer's credit card details will be kept strictly confidential (neither the company/entity nor any third party will have access to them).
In the event that payment by card is refused, the contracting of the product will be automatically cancelled, informing the customer of the cancellation by electronic means.
5.- Finally, you must confirm the contracting and/or acquisition of the selected products and/or items.
V. PRODUCTS AND/OR ARTICLES.
The product and/or item is offered on the website with the most accurate description possible of its characteristics. This description also includes information regarding after-sales services for the product or service purchased, if applicable, and the terms and conditions of those services. In any case, information is provided regarding the product or service's commercial warranties and their terms and conditions.
VI. PRICE AND AVAILABILITY OF PRODUCTS AND/OR ARTICLES.
The prices applicable to each product are published on the website and indicated on each product page. Product prices are shown in euros.
Before you accept the contracting and/or acquisition transaction, the prices of each of the selected and/or contracted products will be clearly specified, in addition to the expenses that will be applicable to the transaction and any promotions or discounts that may apply.
The company/entity reserves the right to modify its prices at any time. In the event of a price change, products will be invoiced according to the price in effect at the time of registration of the contract and/or purchase.
Every payment made to the company/entity will result in the issuance of an invoice in your name.
For any information regarding the product contracted and/or purchased, you should contact us by email at ISLAVINOS@ISLAVINOS.ES, indicating your customer/user details in the subject line of the message.
VII. DELIVERY TIMES AND SHIPPING COSTS.
Delivery times will be provided upon order confirmation and will depend on the selected shipping method. The company/entity will not be liable for delays caused by circumstances beyond its control or in cases of force majeure.
Shipping costs are included in the final price when making the purchase and/or contracting
VIII. OFFER.
The offers are clearly marked. The products and/or items offered on the website will be available until any modifications related to the product occur, which will be announced one week in advance.
IX. RIGHT OF WITHDRAWAL
The customer/user, as the contracting party, acquires the status of consumer and user, and in accordance with Article 68 of Royal Decree 1/2007 of November 16, has the right of withdrawal within a period of 14 days. In accordance with Article 71 of Royal Decree 1/2007, since the object of this contract is the acquisition of a product, the period for exercising the right of withdrawal will begin to run from the date of receipt of the product.
To exercise the right of withdrawal, the customer may use any of these means:
a) By telephone at number 971403868.
b) By mail to the address CARRER QUATRE DE NOVEMBRE, Nº 5, 2º, DESP. 5, using the withdrawal form that the customer can download here, and which can also be sent by email to ISLAVINOS@ISLAVINOS.ES. In this case, the customer must put WITHDRAWAL FORM in the subject line.
WITHDRAWAL FORM (You only need to complete and send this form if you wish to withdraw from the contract)
TO THE ATTENTION OF: ISLAVINOS, SL with NIF/CIF: B07904659, address in: CARRER QUATRE DE NOVEMBRE, No 5, 2o, DESP. 5 07011 PALMA DE MALLORCA, ILLES BALEARS, Tfno: 971403868, Email: ISLAVINOS@ISLAVINOS.ES
I hereby inform you that I am withdrawing from my sales contract for the following item(s) with reference number
Reference No.
Reference No.
Belonging to order no.:
With purchase date
Buyer's name(s)
Buyer's address
If the shipping address is different from the buyer's address, you must fill in the following information:
Recipient's name
Recipient's address
Consumer signature(s)
Date
X. RETURN.
The customer will have 14 calendar days from receipt of the goods, or from the date of purchase if it is a service, to terminate the contract. The customer must notify the company/entity of their intention to exercise their right to terminate the contract within the stipulated period and by any legally admissible means.
The returned order must be delivered along with the delivery note and, if applicable, the invoice issued by the company/entity. Return shipping costs will be borne by the customer.
The customer may return any item purchased from the company/entity as long as the product is in perfect condition, retains its original packaging and the manuals, accessories or promotional gifts included where applicable.
No changes or returns will be accepted for custom-made items and confirmed special orders.
The return shipping costs are the responsibility of the user, except in the case of defective or incorrect products.
To request a return of products, the customer can use any of these methods:
a) By telephone at number 971403868.
b) By email to ISLAVINOS@ISLAVINOS.ES, using the return form that the customer can download here, and which can also be sent by email to ISLAVINOS@ISLAVINOS.ES. In this case, the customer must put RETURN FORM in the subject line.
For any complaint or query, you can contact the company/entity by phone at 971403868 or by email at ISLAVINOS@ISLAVINOS.ES
The customer/user can return the product at any of the company's/entity's physical stores within the national territory.
XI. PROFESSIONALS.
If you are a professional or business owner, the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, will not apply to this contract. In any case, if you are a professional or business owner, the clause relating to the right of withdrawal and/or return will not apply to this contract.
XII. CELEBRATION OF THE CONTRACT.
Contracts will be deemed valid and produce all the effects provided for by law when consent and the other requirements necessary for their validity are met, and will be governed by the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI), Articles 23 and 24, the Civil Code, the Commercial Code, and other applicable civil or commercial regulations. If you are a consumer, this contract will be deemed to have been entered into at your place of habitual residence. If you are a professional or businessperson, this contract will be deemed to have been entered into at the location of the registered office and/or establishment of the company/entity.
XIII. MODIFICATION.
The company/entity reserves the right to modify or replace these terms and conditions if new economic, commercial, regulatory, and/or extraordinary circumstances arise that affect the sale of the product and/or the provision of the service and/or related aspects that justify modifying these terms and conditions. Unilateral modifications to these terms and conditions for justified reasons will in no case affect the terms and conditions of products, services, or promotions contracted prior to any modification.
XIV. LIABILITY REGIME.
The company/entity will not be responsible for problems arising from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond its control or causes that could not have been foreseen by the parties or that, even if foreseeable, the company/entity has made all reasonable efforts to avoid or that are considered as fortuitous causes or force majeure.
The company/entity shall not be liable under any circumstances for delays in the performance of its obligations or for non-performance thereof if such non-performance is due to force majeure, in accordance with the provisions of Article 1105 of the Civil Code. This circumstance shall be communicated to the other party as soon as possible. The agreed delivery deadlines shall be extended by at least the duration of the force majeure event. If the force majeure event lasts for more than three (3) months, either party may terminate these terms and conditions.
XV. PROTECTION OF INTELLECTUAL PROPERTY.
ISLAVINOS, SL owns the domain and website www.islavinos.es. The trademark is duly registered in the name of ISLAVINOS, SL. Likewise, the website www.islavinos.es, including but not limited to its programming, editing, compilation, designs, logos, text, and/or graphics, is the property of ISLAVINOS, SL and is protected by national and international intellectual and industrial property laws. Therefore, the rights holder expressly prohibits the use or reproduction, in whole or in part (by any physical or electronic means), by third parties, unless there is a written agreement or authorization to that effect.
Access by the user to the website does not grant them any ownership rights over it. ISLAVINOS, SL will exercise the legally provided legal actions against those who, knowingly and without authorization, carry out any of the acts detailed.
XVI. APPLICABLE LAW AND JURISDICTION.
These general terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. The parties submit to the jurisdiction of the competent Courts and Tribunals for any matters that may arise or actions that may be brought relating to the provision of the website service and its services and content, and regarding the interpretation, application, compliance with, or breach of these general terms and conditions. If the user is a consumer, the competent Courts and Tribunals shall be those corresponding to the provisions of current consumer protection legislation.
XVII. PERSONAL DATA.
In accordance with the provisions of the General Data Protection Regulation (GDPR) EU 679/2016 and Organic Law 3/2018 of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, the following information regarding the processing of your personal data is provided: Data Controller: ISLAVINOS, SL Tax ID/VAT Number: B07904659 ADDRESS: CARRER QUATRE DE NOVEMBRE, Nº 5, 2º, DESP. 5, Postal Code: 07011 PALMA DE MALLORCA, TELEPHONE 971403868, EMAIL: ISLAVINOS@ISLAVINOS.ES. PURPOSE: At ISLAVINOS, SL, we process the information you provide us in order to sell the contracted products, invoice them, and manage the sending of information and commercial prospecting. In order to offer you services tailored to your interests, we will create a business profile based on the information you provide. No automated decisions will be made based on this profile. The personal data you provide will be kept for as long as the business relationship is maintained and you do not request its deletion, for a period of 5 years from your last purchase and/or contract. In any case, your personal data will be kept as long as it is useful for the stated purpose, and, in all cases, for the legally required periods and for the time necessary to address any potential liabilities arising from the processing. LEGAL BASIS: The processing of your personal data is based on the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract. In any case, you have given your consent to the processing of your personal data for one or more specific purposes, in accordance with the provisions of EU Regulation 679/2016 (Article 6.1.A.B) and Spanish Organic Law 3/2018 of December 5 (LOPDPGDD). Articles 20 and 21 of Law 34/2002 on Information Society Services apply to the sending of commercial offers via telecommunications. The prospective offer of products and services is based on the consent requested from you, and in no case will the withdrawal of this consent affect the contract for the purchase of the product and/or the provision of the service. You are obligated to provide your personal data; otherwise, the service cannot be provided, the product cannot be sold, and/or the requested offer cannot be provided. You are required to provide your consent in order to receive prospective offers and commercial information. RECIPIENTS: Your data will not be shared with any third party outside the Entity, except where legally required. However, we inform you that third-party providers may have access to your personal data, acting as data processors, within the framework of providing a service to the Entity Responsible for the Data. In addition to the above, the Entity may transfer or disclose personal data to fulfill its obligations to Public Administrations when required by applicable law. There are no plans to transfer data to third countries. RIGHTS: Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its erasure when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, data subjects may request the restriction of the processing of their data, in which case we will only retain it for the exercise or defense of legal claims. Likewise, and for reasons related to their particular situation, data subjects may object to the processing of their data, in which case their personal information will no longer be processed for those purposes to which they have objected. Where technically feasible, data subjects may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, data subjects may contact ISLAVINOS, SL by mail, attaching a copy of their identity document (ID card), at CARRER QUATRE DE NOVEMBRE, Nº 5, 2º, DESP. 5, CP: 07011 PALMA DE MALLORCA, or by email to ISLAVINOS@ISLAVINOS.ES. You have the right to lodge a complaint with the Supervisory Authority: Spanish Data Protection Agency (www.agpd.es). Source of Personal Data: the data subject.
