Terms and conditions of use
These General Conditions of Contract (hereinafter General Conditions), will regulate the commercial relationship that arises between VINYA JANINE and the user or client for the contracting made through the forms that VINYA JANINE makes available on its website shop.vinyajanine.com.
Contracting through the VINYA JANINE websites will imply the express acceptance, by the client or user of the pages, of these conditions, as well as the conditions of use established for the user's navigation through the pages owned by VINYA JANINE. These conditions will be applicable without prejudice to the application of the legal regulations on the matter that are applicable to each case.
These General Conditions are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, to Law 26/1984, of July 19, General for the Defense of Consumers and Users, at Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7 / 1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
VINYA JANINE reserves the right to make the modifications it deems appropriate, without prior notice, in the General Conditions. Said modifications may be made, through their websites, by any form admissible by law and shall be binding during the time they are published on the website and until they are validly modified by subsequent ones. However, VINYA JANINE reserves the right to apply, in certain cases, Specific Contracting Conditions in preference to these General Conditions when it deems it appropriate, announcing them in a timely and appropriate manner.
Information prior to hiring
VINYA JANINE informs that the purchase procedure through its web pages is detailed below
Likewise, VINYA JANINE informs that the user can access the conditions of use by clicking on the conditions of use section.
By contracting with VINYA JANINE through its websites, the user or client expressly declares to know, understand and accept said general and contractual conditions of use.
In the same way, the user declares to be of legal age and to have the legal capacity and to act necessary for accessing the VINYA JANINE websites and contracting through them. The user is responsible for treating confidentially and responsibly the identity and password obtained in the registration as a client, not being able to assign them to another.
Once the purchase is made, the user will see the confirmation of their order on the screen, being able to print it as proof of purchase.
The order confirmation and proof of purchase (printing made by the user) will not be valid as an invoice.
OPERATION OF THE PURCHASE
1. PRODUCT OFFERING AND PRICE REFERENCE
In compliance with current regulations and, especially with Law 34/2002 on services of the information society and electronic commerce, VINYA JANINE offers in its "Online" Store section information on all products for sale, their characteristics and prices. However, VINYA JANINE reserves the right to withdraw, replace or change the products offered to its customers through its web pages, by simply changing their content. In this way, the products offered at any time by the VINYA JANINE websties will be governed by the General Conditions in force in each case. Likewise, the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned products.
2. INDICATION OF PRICES
3. SHIPPING COSTS
Shipping costs are indicated on the Shipping Conditions page.4. AVAILABILITY
The availability of the products offered by VINYA JANINE through its web pages may vary depending on customer demand. Despite the fact that VINYA JANINE updates the stock periodically, the product requested by the client could be out of stock at that time.
In this case, VINYA JANINE will send an e-mail to the client informing him of the impossibility of fulfilling the order.
5. DELIVERY OF ORDERS
Order delivery times are indicated on the Shipping Conditions page.
6.- RETURN POLICY
Product returns
In the event that the products delivered do not comply with the contract, because they are damaged or defective, the Client must contact us through the contact form or the commercial email (at) vinyajanine.com, providing the details of the / the product / s purchased / s, and indicating what the detected defect consists of, the date on which the order was placed and the delivery date, as well as name, surname and email. VINYA JANINE will contact the Client to indicate how to proceed.
In any case, if the defect of the product is verified, all expenses will be returned (including shipping costs), the return costs being assumed by VINYA JANINE.
Right of Withdrawal for Consumers and Users.
Without prejudice to the loss of the right of withdrawal in accordance with the provisions of the following section, the Client, who holds the status of consumer or user, has the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the date of delivery of the contracted product (or date of acquisition of the material possession of the product) to the Client or to the person designated by the same for its collection, other than the carrier.
Individuals or legal entities that, in accordance with the provisions of the Consumed Text of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007, of November 16), are not considered consumers and / or users, do not They will have the aforementioned right of withdrawal.
Loss of the right of withdrawal
Notwithstanding the foregoing and in accordance with the provisions of article 103 c) of the Consolidated Text of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007, of November 16), the right of withdrawal will not be applicable to contracts that refer to: "Supply of goods made according to the specifications of the consumer and user or clearly personalized"
Therefore, when the products ordered are made or customized according to the Customer's specifications, the latter will lose the right to withdraw from the contract at the moment in which VINYA JANINE is provided with the desired specifications or customizations.
With the acceptance of these contracting conditions, the client declares to know that they do not have the right of withdrawal if they request the preparation or customization of any of the products offered according to their specifications, VINYA JANINE not being obliged in that case to refund of the amounts paid by the user.
How to exercise the right of withdrawal
To exercise the right of withdrawal, and as long as the Client has not lost the right of withdrawal in accordance with the foregoing, the Client must notify his decision to withdraw from the contract through an unequivocal statement (for example, a communication sent by email or post). For this purpose, the Client may use the model withdrawal form that appears below, although its use is not mandatory:
Model withdrawal form in accordance with the annex to the 2007 Law on Consumers and Users (the Client can copy and paste the following form in an email and complete their data if they wish to withdraw from the contract)
For the attention of Josep Maria Saumell Calaf (VINYA JANINE), and with registered office at Carrer Anselm Clavé, 1, 43812 Rodonyà (Tarragona).
Email account: commercial@vinyajanine.com.
I hereby inform you / we inform you that I withdraw / we withdraw from the sales contract of the following product _______________ [identify product], whose order was placed on ___ / ___ / 20__, and was received on ___ / ___ / 20__
Name and surname of the CLIENT / S: ________________________________
Address of the CLIENT / S: ________________________________________
Date of communication of withdrawal: ___ / ___ / 20__
Consequences of withdrawal
In the event of withdrawal exercised and communicated by the Client, as long as the exception of the aforementioned right of withdrawal does not operate, and once such communication is received, VINYA JANINE will provide the Client with the precise instructions for the return of the order.
The Customer shall bear the direct cost of returning the goods in the event of withdrawal, due to this end, hire the courier or post service that he deems appropriate, noting that in no case will any return made in the form of "to postage due".
All payments received from the Customer will be reimbursed, including delivery costs (with the exception of additional expenses resulting from the Customer's choice of a delivery method other than the less expensive mode of ordinary delivery that VINYA JANINE offers ), without any undue delay and, in any case, no later than 14 calendar days from the date on which VINYA JANINE has been informed of the decision to exercise the right of withdrawal, and VINYA JANINE may retain said reimbursement until the goods have been received, or until the Client has presented proof of the return of the goods, depending on which condition is met first and in both cases at the address indicated by VINYA JANINE for this purpose. Said refund will be made using the same means of payment used by the Client for the initial transaction.
The Client must return or deliver the goods directly to the address indicated by VINYA JANINE, without any undue delay and, in any case, at the latest within 14 calendar days from the date on which the Client communicates the decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired.
In accordance with the provisions of article 74 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, dedicated to the consequences of the exercise of the right to withdrawal, and there is an obligation to reciprocally return the benefits once the right of withdrawal has been exercised, the Customer must return the products on which the withdrawal is exercised with their original packaging and with all accessories and / or complements received.
The Client will only be responsible for the decrease in the value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
7. PAYMENT CONDITIONS
Credit card: The buyer will have to provide the cardholder, card number, expiration date, and validation code (which are the last 3 digits of the numerical relationship that appears on the back of the card). These data are managed directly by your bank, which will be in charge of safely collecting your purchase.
PayPal: the customer will have to identify himself with his PayPal account in order to make the payment.