GENERAL TERMS AND CONDITIONS OF SALE
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These are the Terms and Conditions of Sale that regulate the contractual relationship for the purchase of products that Maison Puyvalin S.L. with CIF B66491879 and address C/ Trafalgar 23, 08010 BARCELONA, offers in its Online Shop www.maisonpuyvalin.com.
The Terms and Conditions of Sale described below exclusively govern the contractual relations between any user of the Maison Puyvalin S.L. website (hereinafter referred to as "Customer") and the seller, which is the online platform/shop maisonpuyvalin.com (hereinafter referred to as "Maison Puyvalin S.L.", "THE COMPANY" and "We").
Contract" means the purchase and sale transaction that is instrumented by means of this document. Product" means the goods being purchased.
Therefore, the User undertakes to read the contracting conditions carefully each time he/she proceeds to purchase a product, given that they may have been modified since the last time he/she accessed them.
By accepting these General Terms and Conditions of Contract, the User declares:
- a. That he/she is a person with the capacity to contract.
- b. That he/she has read and accepts these general terms and conditions.
TERMS AND CONDITIONS OF SALE
This merchant undertakes not to allow 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.
PRODUCT INFORMATION
The descriptions of the products displayed on the Website are based on information provided by Maison Puyvalin S.L.'s suppliers. However, the information given on each product, as well as the photographs or videos relating to them and the trade names, brands or distinctive signs of any kind contained on THE COMPANY's website, are shown on www.maisonpuyvalin.com as a guide only.
It may be that the vintage or label differs between the photo on the site and the bottles we have in stock.
If a vintage is out of stock, we will provide you with the next vintage in stock for the same wine and champagne.
PRICE
The prices of our products are expressed in euros and include the corresponding Value Added Tax (VAT) depending on the product. However, these prices do not include the shipping costs of the products, which are detailed separately and must be accepted by the Customer.
Maison Puyvalin S.L. reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time the order is registered.
PRODUCT AVAILABILITY
THE COMPANY informs the Customer that the number of units available is kept up to date with the stock in the warehouse. Under no circumstances shall THE COMPANY intentionally offer for sale more units than it has available.
THE COMPANY will do its best to satisfy all its Customers in the demand for the products. However, on occasions, and due to causes difficult to control by THE COMPANY, such as human error or incidents in the computer systems, it is possible that the quantity finally served differs from the order placed by THE COMPANY to satisfy the Customer's orders.
In the event that the product is not available after the processing of an order, the buyer will be informed by e-mail or telephone of the delivery of only part of the order and may accept it, exchange it for another type of product of the same value or cancel the order and the customer will receive a full or proportional refund within a maximum period of 72 hours.
ORDER PAYMENT AND SECURITY
Payment of orders will be made online by credit card, bank transfer or Paypal platform.
All purchase transactions are carried out within a strict framework of confidentiality and encryption thanks to the SSL protocol. The confidentiality of the data provided by the customer is guaranteed by means of encryption, preventing its communication to third parties. At random, in order to reinforce security and to verify the reliability of the data provided when placing an order, Maison Puyvalin S.L. may ask the customer for additional information (such as a copy of the ID card or similar) to verify that the purchase has been made by the card holder. The document must be sent within 3 working days, and Maison Puyvalin S.L. reserves the right to refund the order if it does not receive the requested documents or if they are not valid. In any case, Maison Puyvalin S.L. does not have access to bank details and does not store them on its servers.
TERMS AND CONDITIONS OF DELIVERY
I. Delivery of the product
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the Client on the order form, which must in any case be within the Territory. In order to optimise delivery, we would be grateful if the Client could indicate an address to which the order can be delivered during normal working hours.
THE COMPANY shall not be liable for delivery errors caused when the delivery address entered by the Customer in the order form does not correspond to reality or has been omitted.
THE COMPANY informs the Customer that it is possible that the same order may be divided into several deliveries.
II. Delivery Time
Deliveries will be made by a courier company. The order placed by you will be delivered within a maximum of 10 working days from the time we have made the order confirmation. Although the usual delivery time of THE COMPANY usually ranges between 3 and 6 days from the completion of the order.
These delivery times are average, and therefore an estimate. Therefore, it is possible that they may vary for logistical reasons or force majeure. In cases of delivery delays, THE COMPANY will inform its customers as soon as it becomes aware of them.
Each delivery is considered to have been made from the moment in which the transport company makes the product available to the Client, which is materialised through the control system used by the transport company.
In the event of delays in the delivery of orders attributable to THE COMPANY, the Customer may cancel their order in accordance with the procedure described in the "Returns" section. Delays in delivery shall not be considered to be those cases in which the order has been placed at the disposal of the Client by the transport company within the agreed period and could not be delivered for reasons attributable to the Client.
The shipping costs can be consulted in the section shipping section of our website.
Once the order leaves our warehouse, you will be sent an e-mail notifying you that your order has been accepted and is being shipped.
For security reasons, THE COMPANY will not ship any orders to PO Boxes or military bases, nor will it accept any orders where it is not possible to identify the recipient of the order and their address.
III. Delivery Data, Missed Deliveries and Lost Orders
If at the time of delivery the Client is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY contracts, as part of the courier delivery service, to carry out a series of follow-up actions aimed at ensuring that the delivery takes place.
If after 7 working days after the delivery of the order has not been arranged, the Customer must contact THE COMPANY. In the event that the Client does not do so, after 10 working days from the delivery of the order, it will be returned to our warehouses and the Client will be responsible for the shipping costs and the return of the goods to their origin, as well as any associated management costs.
If the reason for non-delivery is the loss of the package, our carrier will initiate an investigation. In these cases, the response time of our carriers usually ranges from one to three weeks.
IV. Diligence in delivery
When you receive your package, you must:
1. Check the conformity of the goods received at the time of delivery.
2. Point out any anomaly on the delivery note, noting your reservations and including your signature.
3. The transport providers do not allow the return of the goods if the customer opens it in their presence, but you can check the box from the outside and if you detect that the box is wet or damp, do not accept the order. Our partner will notify us of the incident and we will automatically send a new shipment at no cost to you.
No deliveries are made on Saturdays, Sundays and public holidays.
CANCELLATIONS AND RETURNS
Orders can be cancelled free of charge up to the time the shipment is dispatched. If we receive notice of cancellation after the package has been shipped, it will be considered a return. Returns can be made up to 7 calendar days from receipt of the product according to the following specifications:
1. The right of return cannot be exercised when there are indications that the products have been opened, tampered with or exposed to unsuitable conditions.
2. Products must be returned correctly protected, in their original packaging, in perfect condition for subsequent sale.
3. A copy of the delivery note must be included inside the package, where the returned products and the reason for the return must also be marked.
4. The return of the products ordered will give rise to the reimbursement of the full amount paid by the User.
5. Shipping costs shall be borne by the customer, as well as return costs. Excluded from this case are those returns resulting from an error on our part or a defect in the product. In such a case, Maison Puyvalin S.L. undertakes to exchange the defective product for an identical one or to refund the amount paid. Maison Puyvalin S.L. will also pay for the cost of returning and shipping the product.
PROTECTION OF PERSONAL DATA
The personal data that the Client must provide us with are essential for the dispatch of orders and the drawing up of invoices. Failure to provide this information will result in the automatic cancellation of orders. By registering on the site, the Customer undertakes to provide us with valid personal data, data that will allow Maison Puyvalin S.L. to provide the service and the correct identification of the registered Customer, as well as the sending of information and advertising of the different products and offers that Maison Puyvalin S.L. may have on its web pages.
The User declares that all the data provided by him/her are true and correct, and undertakes to inform Maison Puyvalin S.L. of any changes that may occur in them. The User has the right to object to the processing of any of his/her data that are not essential for the conclusion of the contract and to their use for any purpose other than the maintenance of the contractual relationship.
Maison Puyvalin S.L. complies with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, and the regulations on Information Society Services and Electronic Commerce, and has therefore adopted the necessary administrative and technical procedures to guarantee the security of the personal data we collect.
When a customer places an order, their personal, address and payment details are added to our database and are only used to process the order and to send information about offers and services of the companies in the group that may be of interest to our customers. Maison Puyvalin S.L. ensures the confidentiality of the data provided by our customers, as the personal data requested are always strictly necessary.
Maison Puyvalin S.L. undertakes not to use them for any purpose other than that agreed and not to transfer or sell them to third parties outside the group companies under any circumstances. In any case, customers of Maison Puyvalin S.L. may at any time exercise their rights of access, rectification, cancellation and opposition by writing to info@maisonpuyvalin.com.
INTELLECTUAL PROPERTY
All the contents of the Maison Puyvalin S.L. Online Shops (illustrations, texts, names, trademarks, images, videos, etc.) are the property of Maison Puyvalin S.L. and its collaborators. Third party trademarks are the property of their owners. Any partial or total reproduction of the content by any process and on any medium whatsoever is subject to the express prior authorisation of Maison Puyvalin S.L. or of the holders of the rights, where applicable.
Maison Puyvalin S.L. accepts no responsibility for any misuse of the contents of the web pages, being the sole responsibility of the user who accesses or uses them.
Maison Puyvalin S.L. accepts no responsibility whatsoever for the information contained in third party web pages which may be accessed through links or search engines on the web pages. The presence of links on the web pages is merely for information purposes and in no case implies a suggestion, invitation or recommendation of the same.
All trademarks, logos and anagrams displayed on this site are the property of Maison Puyvalin S.L. or third party companies. Trademarks, trade names, shop signs, names, logos, slogans or any type of distinctive sign belonging to Maison Puyvalin S.L. may not be used without the written permission of Maison Puyvalin S.L. or the third party company.
LINKS TO THIRD PARTIES
There is the possibility of sharing contents or any type of information through social networks or other applications, such activity being subject to the conditions of use and registration expressly established by these online platforms, without Maison Puyvalin S.L. assuming any direct or indirect responsibility for the contents published therein by the users.
In these cases, the User must bear in mind that by accessing these networks, he/she is leaving the web pages of the shop to access an environment not controlled by Maison Puyvalin S.L.. Consequently, Maison Puyvalin S.L. shall not assume any responsibility for possible breaches of the security of such environments.
Maison Puyvalin S.L. declines all liability arising from the exchange of information between Users through the Websites. The responsibility for the dissemination of data and the statements disseminated on its web pages is in any case the responsibility of those who make them.
CHANGES TO LEGAL NOTICES
Maison Puyvalin S.L. reserves the right to modify the present Terms and Conditions without prior express acceptance by the User, the modifications being understood as tacitly accepted by the User if he/she continues to access the Websites as from the date of publication of the aforementioned modifications. Otherwise, the User must immediately cease accessing and/or using the Website.
This contract was originally drafted in Spanish and the user accepts that the Spanish version of this document shall prevail over any version of the same in a language other than Spanish.
INVALIDITY OF CLAUSES
If any clause included in these conditions is declared totally or partially null and void or ineffective, such nullity shall only affect that provision or the part of the same that is null and void or ineffective, and the conditions shall survive in all other respects.
ACCESS AND NAVIGATION
Accessing and browsing this website implies acceptance and knowledge of the legal warnings, conditions and terms of use contained herein. Maison Puyvalin S.L. makes every effort to ensure that browsing is carried out in the best possible conditions and to avoid damages of any kind that may be caused during browsing.
This website has been designed to support the most commonly used browsers (explorer, chrome, firefox, safari, opera).
Maison Puyvalin S.L. accepts no liability for damages of any kind that may be caused to users by the use of other browsers or versions other than the browsers for which the website has been designed.
APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions of Contract set forth herein are subject to Spanish law. In the event of litigation regarding the interpretation, execution or validity of these general terms and conditions of sale, the contracting parties submit to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that may correspond to them, and the party in breach of contract shall assume the judicial and extrajudicial costs arising from the claim, including the costs of lawyers, solicitors, etc.