General conditions online store

GENERAL CONDITIONS OF THE WEB AND ONLINE STORE OF BODEGA PERALES S.L.

  1. Legal information, personal data and acceptance by the User.

 

These Stipulations regulate the use of the Internet portal service (hereinafter, “the Portal”) that BODEGA PERALES, S.L. (hereinafter, “BODEGA PERALES”) makes available to Internet Users through the link www.marquesdevaldueza.com

In compliance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, it is revealed that BODEGA PERALES SL, is a company with registered office in (Don Benito) , Calle Villanueva 11 (3ºC) 06400 Don Benito, Badajoz, Registered in the Mercantile Registry of Badajoz, Volume 311 General, Folio 186, Sheet BA-15146, 1st and CIF Registration B84126176, provides its sales services through electronic commerce on the Internet on the website, your contact address is e-mail

Access to the BODEGA PERALES website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the Users. Notwithstanding the foregoing, certain accesses may be exclusive for the clients, employees or shareholders of BODEGA PERALES and, therefore, their access may be restricted and subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify these General Conditions and that must be accepted by the User before starting the provision of the corresponding service.

BODEGA PERALES cannot guarantee continuous access, nor the correct display, download or usefulness of the elements and information contained on the web, which may be impeded, hindered, or interrupted by factors beyond its control. The use of the Portal attributes the condition of User of the Portal (hereinafter “the User”) and implies the acceptance of all the conditions included in these General Conditions. The provision of the Portal service has a limited duration at the time the User accesses the Portal. Therefore, the User must carefully read these General Conditions periodically and on each of the occasions in which they intend to access, since these and their Stipulations may be modified without prior notice.

The User agrees not to use the portal or its services and content in a manner contrary to the provisions of current legislation that may apply. BODEGA PERALES reserves the right to withdraw access to the portal, without prior notice, to any User who contravenes these conditions.

 

The contents of the Portal will not be contractual in any case, for which reason said contents will in no way link, affect or harm BODEGA PERALES or its Group companies in any way.

The Portal may link to other websites, in which case, once they access them, the Users, visitors or participants will abide by the rules of use and conditions of these.

The information or personal data that the User provides will be treated in accordance with the provisions of the Privacy Policy. By using this website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

  1. Intellectual and industrial property.

 

All the contents of the Portal, understood by these as merely illustrative, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the intellectual property of BODEGA PERALES or third parties, without being understood to be assigned to the User any of the exploitation rights recognized by the current regulations on intellectual property over them, except those that are strictly necessary for the use of the Portal.

The brands, trade names or distinctive signs contained in the website are the property of BODEGA PERALES or third parties, without it being understood that access to the Portal attributes any right over said brands, trade names and / or distinctive signs.

  1. Protection of personal data.

BODEGA PERALES wishes to guarantee your privacy when you use any of our services, therefore, in this Privacy Policy, you will also be informed of our personal data protection policy and also of the use of Cookies on the web “www.marquesdevaldueza.com” ( the “Portal”), and according to said information, you can voluntarily decide to what degree you want to provide them.

 

Responsible for the treatment BODEGA PERALES S.L.
Registered office

 

Postal Address

Calle Villanueva 11 (3ºC) 06400 Don Benito, Badajoz

Calle Fortuny 19 (1º dcha) Madrid 28010

mail contact@marquesdevaldueza.com  
Phone +34 913101875

 

  1. a) Responsible for the treatment

“BODEGA PERALES S.L.” (BODEGA PERALES), with C.I.F. B84126176 and registered office Calle Villanueva 11 (3ºC) 06400 Don Benito, Badajoz

in, it is responsible for the treatment of your personal data.

 

As long as the applicable regulations require, the personal data that is provided to BODEGA PERALES will be included in personal data files owned by BODEGA PERALES.

 

If you have any questions regarding the processing of your personal data, you can contact BODEGA PERALES through the following email address: contact@marquesdevaldueza.com

  1. b) Personal data. Categories

The personal data processed by BODEGA PERALES are those directly provided by the interested user, the owner of said data.

The categories and / or types of data that are processed are those that are requested in the forms that are available to users on the Portal, and the data that is voluntarily provided by them in all those places where it is possible to expand the information in free text fields, or that are sent by users by email. In particular, the data requested from interested users generally consists of identifying data, postal and / or electronic addresses, telephones, as well as commercial information.

BODEGA PERALES does not carry out sensitive or specially protected data treatments.

  1. c) Purposes of the treatment

The personal data provided by users through the forms available on the Portal or by email, or the personal data that you include in your communications by other means, will be processed by BODEGA PERALES for the following purposes:

(i) manage the relationship established in said means of contact; as well as

(ii) respond to queries, suggestions, incidents that are requested or raised.

Likewise, you are informed that no profiles or segmentations will be prepared, as well as that no automated decisions will be made on the data provided by users.

In the event that you provide your data through an email message, it will be part of a treatment whose purpose will be to manage the request, suggestion, or comment you make to us.d) Legal basis

The legal basis of the treatment of your data by BODEGA PERALES is the legitimate interest of BODEGA PERALES in the correct management of the request for services and / or information made by users.

 

  1. e) Data communications

Your data will only be transferred or communicated when legally required by the competent authorities, including judges and courts or state security forces and bodies.

You are also informed that the processors of BODEGA PERALES, that is, the service providers of BODEGA PERALES who have to access personal data, may have access to the personal data provided by users. as well as the people in charge of the treatment of the dependent companies and / or linked to BODEGA PERALES that provide services to our company. In both cases, BODEGA PERALES will comply with the application regime for treatment managers.

Your data may be transferred to BODEGA PERALES technological services and systems maintenance companies located outside the European Union (“EU”). In case you want to know the countries where these companies are located, please write an email to the following address contact@marquesdevaldueza.com, and you will be provided with an updated list.

These transfers would be made on the basis of the subscription with said companies located outside the EU of standard data protection clauses adopted by the European Commission for international transfers, as provided in article 46.2 of the GDPR and / or to countries a which the European Commission considers to offer adequate guarantees for the protection of your data. In case you would like to request a copy of these contractual clauses and / or the countries to which your data can be transferred, please contact BODEGA PERALES at the following email to process your request: contact@marquesdevaldueza.com ,

 

  1. f) Data retention period

The data will be kept as long as the relationship is active, at least for a period of 5 years from the last interaction and as long as it has not prescribed any responsibilities that may arise, period during which they will remain blocked.

1) g) Rights of the interested parties

2) We inform you that you can exercise the following rights at any time:

 

(i) right of access to your personal data to know which ones are being processed and the processing operations carried out with them;

(ii) right to rectify any inaccurate personal data;

 

(iii) right to delete your personal data, when this is possible;

 

(iv) right to request the limitation of the processing of your personal data when the accuracy, legality or need for data processing is doubtful, and in the other cases provided for in the data protection regulations

 

(v) right to receive the personal data that you have provided to BODEGA PERALES in a structured, commonly used and machine-readable format, and to transmit the data to another data controller when the treatment is carried out by automated means and the legal basis of the treatment be it the express consent of the interested party or the execution of a contract;

 

(vi) right of opposition, at any time, for reasons related to your personal situation, when the treatment is based on legitimate interests of BODEGA PERALES unless it proves compelling legitimate reasons for the treatment that prevail over the interests, rights and freedoms of the interested party, or for the formulation, exercise or defense of claims

 

To exercise these rights, you must send a written request to BODEGA PERALES at the email address contact@marquesdevaldueza.com ,. For greater guarantees, the application must be accompanied by a petition duly signed by you, include your full name and address, indicate the rights you wish to exercise and accompany it with your National Identity Document.

Additionally, you are informed of your right to file a claim with the Spanish Data Protection Agency if you consider that a violation of data protection legislation has been committed regarding the treatment of your personal data.

(h) Use of cookies

The BODEGA PERALES Portal may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information related to the preferences determined by a user during her visit to a certain web page. This information is recorded in small files that are stored imperceptibly on the corresponding user’s computer equipment. Each time the user accesses the website in question, these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information housed in the user’s terminal and unequivocally associated with this terminal. Cookies cannot read cookie files created by other providers.

The User has the possibility to configure their browser program so that the creation of cookie files is prevented or it is warned when this occurs. The Portal is accessible without the need to activate the options related to cookie files, although they can prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the Portal cookie files is to facilitate User navigation.

4.Terms of use of the portal.

By using this website and / or placing orders through it, the User agrees to (i) use this website only to make legally valid queries or requests, (ii) not to make any false order or fraudulent, in which case BODEGA PERALES will be authorized to proceed with its cancellation and inform the relevant authorities and (iii) provide their email address, postal address and / or other contact information truthfully and accurately, giving their consent to that BODEGA PERALES uses this information to contact

By placing an order, the User declares to be over 18 years of age and have sufficient legal capacity to enter into contracts. BODEGA PERALES reserves the right not to place orders that do not contain all the necessary information.

The User agrees to make correct use of the Portal in accordance with the Law and these General Conditions. The User will respond to BODEGA PERALES or to third parties, for any damages that may be caused as a consequence of the breach of said obligation.

 

The use of the Portal for harmful purposes of goods or interests of BODEGA PERALES or third parties or that in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or computer products and applications (software) is expressly prohibited. BODEGA PERALES or third parties.

The User agrees to use the Contents in accordance with the Law and these Stipulations.

All the information provided by the User through the Portal forms for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all the data that he communicates and will keep the information provided to BODEGA PERALES perfectly updated so that it responds, at all times, to the User’s real situation. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to BODEGA PERALES or third parties for the information provided.

The User who wishes to enter links from their own web pages to the Portal must comply with the conditions detailed below without ignoring them, avoiding the responsibilities derived from the Law. The link will only link to the home page or main page of the Portal but you will not be able to reproduce it in any way (inline links, copy of texts, graphics, etc).

It will be forbidden in any case, in accordance with the applicable legislation and in force at any time, to establish frames of any kind that surround the Portal or allow the viewing of the Contents through Internet addresses other than those of the Portal and, in In any case, when they are viewed jointly with content outside the Portal in such a way that: (i) it produces, or may produce, error, confusion or deception in the Users about the true origin of the service or Contents; (ii) involves an act of comparison or unfair imitation; (iii) serves to take advantage of the reputation of the brand and prestige of BODEGA PERALES; or (iv) in any other way is prohibited by current legislation.

No false, inaccurate or incorrect statement about BODEGA PERALES, its shareholders, employees, customers or the quality of the services it provides will be made from the page that introduces the link. In no case will it be stated on the page where the link is located that BODEGA PERALES has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the sender’s services.

The use of any denominative, graphic or mixed mark or any other distinctive sign of BODEGA PERALES is prohibited within the sender’s page except in cases permitted by law or expressly authorized by BODEGA PERALES and whenever permitted, in these cases, a direct link to the Portal in the manner established in this Stipulation.

The page that establishes the link must faithfully comply with the law and in no case may it dispose of or link to its own content or that of third parties that: (i) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racists, etc.); (ii) induce or may induce in the User the false conception that BODEGA PERALES subscribes, endorses, adheres to or in any way supports the ideas, statements or expressions, lawful or illegal, of the sender; (iii) they are inappropriate or not pertinent with the activity of BODEGA PERALES in attention to the place, content and theme of the sender’s website.

 

  1. Exclusion of liability of BODEGA PERALES.

Of the information.

Access to the Portal does not imply the obligation on the part of BODEGA PERALES to check the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are general in nature and do not constitute, in any way, the assumption of commitments of any kind, so that such information is insufficient for the user’s personal or business decision-making.

BODEGA PERALES is not responsible for the decisions made based on the information provided on the Portal, nor for any damages or losses caused to the User or third parties due to actions based solely on the information obtained on the Portal.

Of the quality of the service.

Access to the Portal does not imply the obligation on the part of BODEGA PERALES to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs. BODEGA PERALES is not responsible for damages caused to the computer equipment of Users or third parties during the provision of the Portal service.

Of the availability of the Service.

Access to the Portal requires services and supplies from third parties, including transportation through telecommunications networks whose reliability, quality, continuity and operation do not correspond to BODEGA PERALES. Consequently, the services provided through the Portal may be suspended, canceled or become inaccessible, prior or simultaneous to the provision of the Portal service. BODEGA PERALES is not responsible for the damages or losses of any kind produced in the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously .

Of the contents and services linked through the Portal.

The Portal access service includes technical linking devices, directories and even search instruments that allow the User to access other Internet pages and portals (hereinafter “linked sites”). In these cases, BODEGA PERALES acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible of the content and services provided on the linked sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he may notify BODEGA PERALES, without in any case this communication entailing the obligation to remove the corresponding link.

In no case, the existence of linked sites should presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of BODEGA PERALES with the manifestations, content or services provided.

BODEGA PERALES does not know the contents and services of the linked sites and therefore is not responsible for damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the linked sites or by any other damage that is not directly attributable to BODEGA PERALES.

Communication of illegal and inappropriate activities.

In the event that the User or any other Internet User is aware that the linked sites refer to pages whose content or services are illegal, harmful, demeaning, violent or contrary to morality, they may contact BODEGA PERALES indicating the following extremes: personal information of the caller: name, address, telephone number and email address; description of the facts that reveal the illegal or inappropriate nature of the Linked Site; in the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when he is a person other than the communicator. Likewise, it must provide the title that proves the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when she is a person other than the communicator; express declaration that the information contained in the claim is accurate. The reception by BODEGA PERALES of the communication foreseen in this Stipulation will not suppose, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the communicator.

  1. Conclusion of the contract.

The information contained in these Conditions and the details contained in this website does not constitute an offer to sell, but rather an invitation to contract. There will be no contract between the User and BODEGA PERALES and in relation to any product until the order has been expressly accepted by BODEGA PERALES. If the offer of the User is not accepted and a charge has already been made to her account, the amount thereof will be reimbursed in its entirety by BODEGA PERALES.

To place an order, the User must follow the online purchase procedure and click on the “Confirm Order” section. Subsequently, the User will receive at the indicated email address an email acknowledging receipt of their order (“Order Confirmation”), without implying that the order has been expressly accepted by BODEGA PERALES, as this constitutes an offer that the User makes BODEGA PERALES to buy one or more products. All orders are subject to the subsequent acceptance of BODEGA PERALES, of which the User will be informed through an email confirming that the product is being shipped (“Shipping Confirmation”), at this point in time. that the contract for the purchase of one or more products will be formalized. Only those products related to the Shipping Confirmation will be the object of the Contract.

  1. Product availability.

All product orders are subject to availability. In this sense, if there are difficulties in the supply of products or if there are no items available in stock, BODEGA PERALES reserves the right to provide you with information about substitute products of equal or superior quality and value that the User may choose. If the User does not wish to place an order for the substitute products offered by BODEGA PERALES, any amount paid by the User will be refunded.

BODEGA PERALES reserves the right to withdraw any product from the website at any time and to delete or modify any material or content thereof, always trying to process all orders. Notwithstanding the foregoing, BODEGA PERALES reserves the right not to process orders after sending the Order Confirmation when, in its opinion, there are justified reasons. BODEGA PERALES assumes no responsibility for the fact of removing any product from its website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website, or for not processing an order once The Order Confirmation has been sent, although it will refund any amount that the User has paid.

 

The products offered through this website are available for purchase and shipping to the Iberian Peninsula, in the Spanish national territory, (excluding the Balearic Islands, the Canary Islands, Ceuta and Melilla).

  1. Delivery, form, means and eventual impossibility of delivery.

Without prejudice to the provisions set forth above regarding the availability of products and unless extraordinary circumstances occur, BODEGA PERALES will send the order, through first-class transport companies, to the address indicated as the destination, with a term of Estimated delivery of 72 hours, provided it is on business days, counting from the date of the Shipping Confirmation. However, if no exact delivery date is specified, it must occur within 30 days from the date of the Shipping Confirmation. Delivery shall be deemed to have been effected when the duly identified capable person at the said address agrees to collect the shipment, whether or not it is the consignee on the delivery note. However, delays may occur as a result of product customization, for specialized items, certain delivery areas, and other unforeseen circumstances.

If for any reason BODEGA PERALES is unable to deliver the order on the initially scheduled date, it must inform the User of this circumstance, granting the option to proceed with the purchase, establishing a new delivery date, or to cancel the order with the full refund of the price paid. In the event of not being able to deliver the order, because no

capable person is found at the address at the time of delivery, a notice note will be left so that the buyer can contact the transport company and specify with this the best way to deliver the goods. Deliveries cannot be made to PO Boxes.

When the shipment is refused at destination, or for any other reason that is beyond the control of BODEGA PERALES, or the company that effectively executes the transport, depending on the destination, the delivery of the shipment cannot be made, BODEGA PERALES, as soon as possible, it will inform the User of the circumstances that prevent delivery. The User must reply in writing to the latter, within a maximum period of 15 days, counting from the receipt of said communication, if he wishes to recover the shipment or if he prefers that it be sent to another destination. If within that period the User has not exercised her right, the shipment will be treated in accordance with the provisions of the applicable legal norm depending on the nature and type of shipment. In any case, the User will be responsible, in addition to paying the corresponding additional fee, the payment of the expenses and costs incurred.

In case of receiving the package with signs of having been tampered with or beaten, it must be expressly indicated on the delivery note of the carrier and review the merchandise in its presence, and the User must not sign the delivery note without having indicated any type of incident.

  1. Transfer of risk and ownership of the products.

The risks of the products will be borne by the User from the time of delivery, acquiring full ownership of them when BODEGA PERALES receives full payment of all amounts due in relation to them, including shipping costs. , or at the time of delivery, if it were to take place at a later time.

10Price and payment

The price of each product will be the one stipulated at any time on the BODEGA PERALES website, except in the case of a manifest error, BODEGA PERALES reserves the right or rectifies all kinds of errors, informing the User as soon as possible, granting the option of reconfirm your order at the correct price or cancel it. If BODEGA PERALES fails to contact the User, the order will be considered automatically canceled, and the amounts that have been paid will be fully reimbursed.

BODEGA PERALES will not be obliged to supply any product at the wrong lower price (even once the shipment has been confirmed) if the error in the price was obvious and unequivocal and could have been reasonably recognized by the User as the wrong price.

The prices on the website include VAT, and transport to the Iberian Peninsula, in the Spanish national territory, (Excluding Balearic Islands, Canary Islands, Ceuta and Melilla). Prices can be modified at any time, although possible changes will not affect orders for which a Shipping Confirmation has been sent.

Once the User has made her purchases, all the items she wants to buy will have been added to her Cart and the next step will be to process the order and make the payment. To do it:

  1. You will need to click the “Add to cart” button at the top of the page.
  2. You must click on the “View Cart” button.
  3. You will have to click on the “Process order” button.
  4. You must fill in and check the contact information, the details of your order, the address to which you want the order to be sent and the method of delivery.
  5. Choose a payment method in the corresponding button, enter the billing address and “Authorize Payment”, choosing the form of payment that can be made safely through the following means:

 

(i) Direct bank transfer: Make your payment directly to our bank account. Please use the order reference as a payment reference. The order will not be shipped until the full amount has been received in our account.

(ii) Payment with credit / debit cards: MasterCard, Maestro, Visa or Visa Electron. If any of these is the chosen means of payment, the User in the “Payment details” section, will first fill in the billing address (name, surname, address and telephone number), and must enter the bank details on the next page : card number, expiration date, and three-digit security code (CSC) indicated on the back of the card.

The means of payment will be subject to checks and authorizations by the issuing entity. If these entities do not authorize payment, BODEGA PERALES will not be responsible for delays or non-delivery, not being able to formalize any Contract with the User. Once the payment has been made, the User must complete the purchase process and access “Confirm Order”, all after reviewing the Order and the data provided by it.

  1. You must click on the box “I have read and accepted the terms and conditions”.
  2. Finally, you must click on the “CONFIRM ORDER” button.
  3. Taxes.

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 the Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

 

  1. Shipping and returns of orders.

BODEGA PERALES is obliged to deliver the products purchased by the User, to the address of the buyer indicated for this purpose in the order form (products will not be delivered to post office boxes or call centers), in the shortest possible time and, in in any case, always before thirty (30) calendar days from the date of order formulation. The shipping costs of the purchased items will be paid by the Buyer. The User-Buyer will have a period of fourteen (14) business days, according to the official calendar of their place of residence, to resolve the sale without incurring any penalty or expense, including the expenses corresponding to the return of the property.

The term of 14 days established in the previous paragraph will be computed from the reception by the buyer of the purchased goods. In any case, it will be understood that the buyer has known the right of withdrawal from the entrance to the Portal, which requires the reading and acceptance of these General Conditions, and in any case from the moment the order is made.

Returns of orders must be sent to the industrial address of BODEGA PERALES, S.L. located at kilometer 360 of the Extremadura A5 / E90 motorway, 06800 Mérida, Badajoz. Exercised by the buyer the right of resolution, BODEGA PERALES will return the amounts received by credit, without any withholding, immediately and in no case in a period greater than fourteen calendar days from the date that BODEGA PERALES has been informed of the decision of withdrawal of the contract by the user-buyer. Notwithstanding the foregoing, the right of resolution (withdrawal) is excluded in those cases in which, due to the nature of the content of the benefits, it is impossible to carry it out, without prejudice to the claim for the damages and losses suffered.

Regardless of the provisions of Stipulation 7, in cases where the buyer considers that at the time of delivery the product does not comply with the provisions of the Contract, he must contact BODEGA PERALES immediately by telephone call. to the number 913101875, BODEGA PERALES reserving the right to carefully examine the returned product and to communicate to the buyer, within a reasonable time, whether the return or replacement thereof is appropriate. If applicable, the return or replacement of the item will be made as soon as possible and, in any case, within 14 days after the date on which the user-buyer informed BODEGA PERALES, by phone call to the number 913101875 , your disagreement of the product with the provisions of the Contract.

The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully refunded to the User, including delivery costs incurred to deliver the item. The return will be made in the same payment method that was used to pay for the purchase. The rights recognized by current legislation are safe.

  1. Communications and notifications.

By using this website, the User agrees that communications with BODEGA PERALES are electronic, being able to contact by email or provide information by posting notices on this website. For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and communications sent to him electronically comply with all legal requirements to be considered in writing.

The notifications that the User wishes to make to BODEGA PERALES should be sent to the email address contact@marquesdevaldueza.com, or to the registered office of BODEGA PERALES. Unless otherwise stipulated, BODEGA PERALES may send communications either to e-mail or to the postal address provided by the User in her order or in previous communications.

It will be understood that the notifications have been received and have been correctly carried out at the time they are published on the website, after 24 hours have elapsed since the sending of an email or registered letter.

To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the Postal Services; In the case of emails, it will be sufficient if it is sent to the email address specified by the User.

  1. Force majeure.

BODEGA PERALES will not be responsible for failure or delay in the fulfillment of any of the obligations that it assumes under a Contract, the cause of which is due to events that are beyond our reasonable control (“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: (i) strikes, lockouts or other protest measures, (ii) civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparations for war, (iii) fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster, (iv) impossibility of use of trains, ships, airplanes, motor transport or other means of transport, public or private, (v) impossibility of using public or private telecommunications systems, (vi) acts, decrees, legislation, regulations or restrictions of any government or public authority, (vii) strike, failure or accident of maritime or river transport, postal or any other type of transport.

It will be understood that the obligations derived from the Contracts for BODEGA PERALES will be suspended during the period in which the Force Majeure Event continues, and it will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure.

BODEGA PERALES will use all reasonable means to end the Force Majeure Event or to find a solution that allows the obligations assumed under the Contract to be met despite the Force Majeure Event.

15.Disclaimer.

The lack of requirement on the part of BODEGA PERALES, the strict fulfillment of any of the obligations assumed by the User by virtue of a Contract or these Conditions or the lack of exercise by BODEGA PERALES of the rights or actions that may correspond to it by virtue of said Contract or of the Conditions, will not suppose any resignation or limitation in relation to said rights or actions nor will it exonerate the User from fulfilling such obligations.

No waiver by BODEGA PERALES to a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions. Likewise, any waiver made by BODEGA PERALES to any of these Conditions or to the rights or actions derived from the contract will take effect, unless it is formally and expressly established that it is a waiver, communicating to the User in accordance with the provisions of clause 14 .

  1. Entire Agreement.

These Conditions and any document to which express reference is made therein, constitute the entire existing agreement between the User and BODEGA PERALES, in relation to the object of the Contract and replace any other previous pact, agreement or promise agreed between both parties. verbally or in writing.

Both parties acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except as expressly mentioned in these Conditions.

Neither party will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such uncertain statement had been made fraudulently) and the only action that the other party will have for breach of contract in accordance with the provisions of these Conditions.

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

  1. Right of modification.

BODEGA PERALES has the right to review and modify these Conditions at any time. The User will be subject to the policies and Conditions in force at the time they use this website or make each order, except that by law or decision of government agencies changes must be made retroactively in said policies, Conditions or Privacy Statement. , in which case, the possible changes will also affect the orders that the User had previously made.

 

  1. Legislation and applicable jurisdiction.

The use of the website and product purchase contracts through said page will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Courts and Tribunals of Badajoz capital. If the User is hiring as a consumer, in no case will the rights recognized as such in current legislation be affected.

Users declare, under their responsibility, to have read these General Conditions in their entirety, and confirm their full and voluntary acceptance of them.[/vc_column_text][/vc_column][/vc_row]

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