Terms and Conditions
E-COMMERCE (FOOD/PERISHABLE GOODS). General terms and conditions
GENERAL TERMS AND CONDITIONS
Introduction
This contractual document shall govern the General Conditions of contracting in the purchase of goods that may deteriorate or expire rapidly (hereinafter, “Conditions”) through the website fluxaibiza.com/, owned by DESTILERIAS IBIZA SL under the trademark FLUXA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website available to the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. 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 with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the foregoing.
- You are a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without 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 food contracted by the USER isDESTILERIAS IBIZA SL, with registered office at Calle Ginebra. Nº8, – 07819 Nuestra Señora de Jesus (Illes Balears), NIF B57751604 and with customer service/USER phone number 629 042 291.
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 relationship of purchase and sale between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific food product.
Contracting procedure
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific food product.
Contracting procedure
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. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contract clauses.
- Shipment and delivery of
- Right to
- Claims and online dispute resolution.
- Force
- Competition
- Generalities of the
- Price and term of validity of the
- Costs of
- Form of payment, expenses and
- Process of
- Dissociation and suspension or termination of the
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute 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. SHIPPING AND DELIVERY OF ORDERS
The delivery time will be between 2 and 6 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 the complete payment of the order has been verified.
In the event that the PROVIDER has not delivered the goods 30 calendar days after the agreed delivery date, due to unavailability of the product or service, the USER will be informed and will 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 case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of that amount.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place, due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has made the products available to the USER and the USER, or the USER’s delegate, has signed the delivery receipt document.
It is the USER’s responsibility to check the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
The foodstuffs offered are perishable, i.e. they may expire or deteriorate in a short period of time. This type of supply of goods is exempt from return, according to paragraph d) of Article 103 of Law 3/2014 of 27 March.
In any case, the USER is offered the possibility to claim the possible vices or defects present in the order within 24 hours of delivery, both in online and offline mode, and, if considered, to make the return.
All returns must be communicated to the PROVIDER, by e-mail to belen@canfluxa.com, indicating the corresponding invoice or order number. Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number in the letter of shipment, with the transport costs at his/her expense, at the address of DESTILERIAS IBIZA SL, Calle Ginebra. Nº8, – 07819 Our Lady of Jesus (Illes Balears)
After analyzing the case, if the PROVIDER considers that the product did not meet the conditions of sale, within 48 hours will inform the USER of the amount and conditions of reimbursement.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: DESTILERIAS IBIZA SL, Calle Ginebra. Nº8, – 07819 Nuestra Señora de Jesus (Illes Balears) Teléfono: 629 042 291
E-mail: belen@canfluxa.com
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 recourse 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 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.MAJEOR FORCE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.
6. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
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 DESTILERIAS IBIZA SL or to what is stipulated herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
The PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND TERM 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, wrapping, shipping insurance or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, the USER will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER will result in 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 in paper format together with the purchased product. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information about the order, the USER may contact through the PROVIDER’s customer service telephone number 629 042 291 or via email to the address: belen@canfluxa.com.
9. TRANSPORTATION COSTS
Prices do not include shipping costs or ancillary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated by the weight of the products and by the delivery address.
The maximum transport rate applied is as follows: Peninsula up to 2 Kg: ………………………………….. €.
Peninsula > 2 Kg up to 10 Kg: ……….. € ………..
Mainland Spain > 10 Kg:……….. €.
Outside peninsula up to 2 Kg: ……….. € ………..
Outside peninsula > 2 Kg up to 10 Kg: ……….. € ………..
Outside peninsula > 10 Kg:……….. € ……….. €
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:
- Bank transfer
- Cash on delivery
- Credit card
The USER may use a discount coupon prior to the completion of the purchase in case the USER has received it from the PROVIDER.
Safety measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding 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 the goodwill of the same or negatively influence them.
The following activities are prohibited under the card brands’ programs: 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
Any product in the catalog can be added to the cart. In the cart, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data 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 following the next steps for its correct formalization:
- – Verification of the invoicing data.
- – Checking the shipping address.
- – Selection of the way to
- – Place the order (purchase).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the completion of the order, its status and the approximate shipping and/or delivery date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
FLUXA may, without prior notice, suspend or terminate the USER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
When FLUXA exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to FLUXA.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services covered by these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Conditions.