GENERAL TERMS AND CONDITIONS OF SALE
1.- PURPOSE AND SCOPE OF APPLICATION
1.1.- These General Purchase Conditions (hereinafter, the “CONDITIONS”) are intended to regulate the legal relationship derived from the online sale of products through the website www.basquebeer.com (hereinafter, the “SITE WEB ”), being able to be acquired by any user who complies with the terms established in these CONDITIONS.
1.2.- These CONDITIONS will have an indefinite period of validity and will be applicable to all purchases made through the WEBSITE.
1.4.- The online purchase of the products offered through this WEBSITE is available only to individuals who are at least 18 years of age and who, meeting the status of consumers or users in accordance with applicable legislation, have the capacity legal to enter into contracts. By accepting these CONDITIONS during the purchase process, the CUSTOMER declares and guarantees that it meets these requirements.
1.5.- The CLIENT is solely responsible for the veracity of all the data that he provides through the online forms of the WEBSITE.
1.6.- Orders through this WEBSITE may be formalized in Spanish or English.
1.7.- This merchant agrees 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 their goodwill or negatively influence them The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.
2.- IDENTIFICATION OF THE SERVICE PROVIDER OF THE INFORMATION SOCIETY AND SELLER OF THE PRODUCTS
2.1.- The owner of the WEBSITE that provides the online product sales service is Basqueland Brewing Company, S.L. (hereinafter, “BASQUELAND” or “us”), provided with CIF: B-75086942, whose contact details are the following:
Postal address: Polígono Akarregi 4B, C.P. 20120, Hernani – Gipuzkoa (Spain).
Email address: firstname.lastname@example.org
2.2.- BASQUELAND reserves the right to modify these CONDITIONS at any time, without this affecting the purchases made through the WEBSITE prior to the modification. It is the CUSTOMER’s responsibility to review the current version of the CONDITIONS before placing the order.
2.3.- We reserve the right to deny and / or withdraw access to this WEBSITE, at any time and without prior notice, to those users who breach these CONDITIONS.
3.- DESCRIPTION OF THE PRODUCTS AND AVAILABILITY
3.1.- The products offered for sale on this WEBSITE are those included at all times in the “STORE” section of the same, according to the available description, belonging to the categories of “beers” and “merchandising articles” . The products are only available for shipment to the national peninsular territory, the Balearic Islands and the 27 member countries of the European Union (hereinafter, jointly, the “TERRITORY”).
3.2.- All product orders are subject to their availability. If the product is not available, whatever the reason, we will contact the CUSTOMER to inform him of this circumstance and offer him, where appropriate, the supply of an alternative product or the cancellation of the order with a refund of the amount he had paid. .
3.3.- We reserve the right to withdraw any product from this WEBSITE at any time, as well as to modify and update our product catalog.
4.- PURCHASE PROCEDURE
4.1.- To place an order on this WEBSITE, the CLIENT may previously register by clicking on “ACCESS”, in which case he will create an account indicating a user identifier, a password of his choice and an email address. In this way, the purchase process will be more agile for the registered user by facilitating data entry.
In case of not registering, the CLIENT may also place orders for which he must first select the products and units of his choice in the “STORE” section and then add them to the cart by clicking on the “BUY” button. Once your selection is complete, you can click on the “VIEW CART” button to continue the purchase process.
4.2.- Next, the CUSTOMER may review the details of all the products added to the Cart and, where appropriate, modify the corresponding data.
4.3.- After the validation of the data added to the Cart, the CLIENT must include the desired delivery address (either his own personal or that of another recipient in the case of a gift), to know the available shipping options and the associated expenses . Likewise, the CLIENT may choose to collect the order at our facilities. Once the delivery address and, where appropriate, the available discount coupon code has been included, the user must press the “FINISH PURCHASE” button.
4.4.- The user will then fill in the necessary data for billing and select the means of payment of their choice from those available on the WEBSITE. You can also indicate at this time if you want the order to be delivered to a different address than the billing address, or if you choose to pick up the order at our facilities located at Polígono Akarregi 4B, C.P. 20120, Hernani (Gipuzkoa). After that, you will be required to mark the acceptance box of these CONDITIONS and, finally, you must press the button “PLACE THE ORDER” 3.
4.5.- Once the order has been placed, the CUSTOMER will receive an email confirming the purchase made (hereinafter, “ORDER CONFIRMATION”). If the CUSTOMER does not receive the ORDER CONFIRMATION within 24 hours of placing the order, they must notify us via the email address email@example.com.
4.6.- In the event that once an order has been placed, the CUSTOMER checks that it contains an error, he must notify us immediately through our email address firstname.lastname@example.org. We cannot guarantee the modification of the order according to your indications.
4.7.- Once the purchase procedure has finished, the CLIENT consents that the WEBSITE generates an electronic invoice that will be available upon request of the CLIENT through our email address email@example.com. In the same way and using the same communication channel, the CLIENT may indicate his desire to receive the invoice on paper by sending it to his postal address.
4.8.- The electronic documents in which the orders are formalized will be filed by BASQUELAND, the CLIENT being able to access them in their personal account or by request through our email address firstname.lastname@example.org
5.1.- Except in those cases in which there are unforeseen or extraordinary circumstances, the order will be delivered within the approximate period indicated on the WEBSITE, which will depend on the rate of the selected logistics operator and the place of delivery within the TERRITORY and, in In any case, within a maximum period of 30 calendar days from the date of the ORDER CONFIRMATION.
Depending on the place of destination, the estimated delivery times from the order placement are as follows:
Between 24-72 hours for deliveries in mainland Spain
Between 48-96 hours for deliveries in the Balearic Islands and countries of the European Union
These deadlines do not include Saturdays and Sundays, deliveries being made only from Monday to Friday.
5.2.- In order to optimize the delivery process, the address indicated by the CLIENT must be an address where delivery can be made within normal business hours. We will not be responsible for errors or damages arising from delivery, when the delivery address entered by the CLIENT does not match the desired place of delivery.
5.3.- If for any reason we are unable to meet the maximum delivery period, we will inform the CUSTOMER of this circumstance and give them the option to proceed with the purchase, establishing a new delivery date, or to cancel the order, with full refund of the price paid.
5.4.- If it is impossible to deliver the order due to the absence of the CLIENT, the order may be returned to the warehouse. However, the carrier will try to leave a notice with the instructions to follow for its collection. In any case, the CUSTOMER will have a maximum period of 30 calendar days to collect their order from when it is available for delivery. If after this period the CLIENT has not picked up the order, we will understand that he wishes to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will reimburse the CUSTOMER for the difference between the price paid for the order and the reasonable expenses caused by the failed delivery, the storage costs and the return of the order. The reimbursement of said difference will be made as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which, in accordance with the provisions of this clause, the contract is considered terminated.
5.5.- For the purposes of these CONDITIONS, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the CLIENT or a third party indicated by the CLIENT acquires material possession of the product that is the object of the order. which will be accredited by signing the receipt of the same at the agreed delivery address or, in case of unavailability of the recipient at the agreed place of delivery, on the date of attempted delivery consigned by the transport service in charge of delivery.
5.6.- In the case of delivery of an order that has visible defects in the outer packaging, the CLIENT must not sign the delivery note as compliant, but instead make a claim on the spot to the carrier by including a written reservation on the delivery note.
6.- TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
6.1.- The risks of the products will be borne by the CLIENT from the moment of their delivery or, if this is not possible for reasons attributable to the CLIENT, from the moment of making the same available at the agreed place of delivery. .
6.2.- The CUSTOMER will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery if it takes place at a later time.
7.- PRICE AND PAYMENT
7.1.- The prices applicable to each product are those indicated on the WEBSITE on the date of the order, including VAT (Value Added Tax), in accordance with the current regulations governing said tax.
7.2.- Shipping costs are included in the total cost of the purchase as shown on the WEBSITE. These expenses may vary regularly depending on the rates applied by the different carriers for each destination.
7.3.- We reserve the right to modify prices, but possible changes will not affect orders for which we have sent an ORDER CONFIRMATION.
7.4.- The CLIENT may make the payment by credit or debit card through the secure Redsys platform operated by the Banco de Sabadell or through the PayPal system. BASQUELAND at no time will have the CLIENT’s financial data.
7.5.- To enter the data of a card or a PayPal account, the CLIENT must have the right to use them and said card or account must have sufficient funds to cover the possible payment. The CUSTOMER has the responsibility that all the data provided in order to buy products are correct.
7.6.- The WEBSITE uses the https secure communication protocol and has a valid security certificate, guaranteeing the secure transmission of information by encrypting it.
8.- RIGHT OF WITHDRAWAL
8.1.- In accordance with current regulations, the CLIENT who purchases merchandising items as a consumer or user may withdraw from the order, without the need for justification, within a period of 14 calendar days from the date of delivery of the product on which the CLIENT, or a third party indicated by him other than the carrier, acquires the material possession of the same.
8.2.- To exercise the right of withdrawal, the CLIENT must notify us of his decision to withdraw from the order through an unequivocal statement (for example, a letter sent by post or preferably an email to the addresses indicated in clause 2.1) . To do this, you can use the withdrawal form model that can be downloaded HERE, although its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication regarding the exercise by the CLIENT of this right is sent before the corresponding period expires.
8.3.- In case of withdrawal by the CUSTOMER, we will refund all payments received for the affected order, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive form of ordinary delivery that we offer), without any undue delay and, in any case, no later than 14 calendar days from the date on which the CLIENT informs us of his decision to withdraw from the contract. We will proceed to make said reimbursement using the same means of payment used by the CLIENT for the initial transaction, unless the CLIENT has expressly provided otherwise; in any case, we will not incur any expenses as a result of the reimbursement.
We may retain the refund until we have received the product, or until the CUSTOMER has submitted proof of the return, depending on which condition is met first.
8.4.- The CUSTOMER must return or deliver the product to which the withdrawal refers to the aforementioned BASQUELAND postal address, without any undue delay and, in any case, no later than 14 calendar days from the date of the date on which you notify us of your decision to withdraw the order. The term will be considered fulfilled if you return the products before said term has expired.
The CLIENT must bear the direct cost of returning the products.
The CUSTOMER will only be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the products.
8.5.- The right of withdrawal does not apply in the case of beer orders, in accordance with article 93. j) of Royal Legislative Decree 1/2007, which approves the General Law for the Defense of Consumers and Users ( in connection with article 3.3. j) of Directive 2011/83 / EU).
9.- RETURN OF DEFECTIVE PRODUCTS
9.1.- In cases where the CUSTOMER considers that, at the time of delivery, the product does not conform to what is stipulated in the order, he must contact us immediately through our contact addresses, indicating the identification data of the order and of the ORDER CONFIRMATION to which it refers, and specifying the defect or tare that it presents.
Once your communication has been received, we will contact the CUSTOMER as soon as possible to inform him of the date on which a courier will appear at the address indicated to pick up the product.
9.2.- After the withdrawal of the product, we will proceed to examine it carefully and we will inform you by email as soon as possible if it is appropriate to estimate your claim due to a defect in the conformity of the product, in which case we will proceed at our expense, within a reasonable time, to repair it. or product replacement. The CLIENT may choose between repair or replacement unless one of these options is objectively impossible or disproportionate in accordance with current consumer and user defense regulations.
9.3.- When, according to the aforementioned regulations, the CLIENT could not demand the repair or replacement and in cases where these have not been carried out within a reasonable period of time, the CLIENT may choose between the termination of the contract or the reduction of the price, in accordance with the criteria established in said regulations.
9.4.- In the event of termination of the contract, the amounts that would have been paid for those products that are returned due to any defect or defect, will be fully reimbursed, including the delivery costs incurred to deliver the product. The refund will be made in the same means of payment used to pay for the purchase.
10.- CHANGE OF MERCHANDISING ITEMS
10.1.- In the event that the CUSTOMER wishes to change a merchandising item purchased, due to the size, color or other reason other than the non-conformity of the product, he / she may notify us as soon as the order is received, through our email address. email email@example.com
10.2- In this case, we will confirm as soon as possible whether or not the change is appropriate, depending on the availability of the item in question and the requested change. We cannot guarantee the requested item exchange.
10.3- In any case, the change of the item will be conditional on the CUSTOMER returning the initially purchased item to us in perfect condition, within 14 calendar days from the date on which we confirm that the requested change should be made. The CUSTOMER must bear the cost of returning the item.
11.- LEGAL GUARANTEE AND RESPONSIBILITIES
11.1- If the CLIENT contracts as a consumer and user, we will respond to the lack of conformity of the products that are manifested within a period of two years from delivery. The CLIENT must inform us of the lack of conformity within two months of becoming aware of it.
11.2- Except for legal provision to the contrary, our liability in relation to any product purchased on this WEBSITE will be strictly limited to the amounts paid for its acquisition.
12.- CLAIMS MANAGEMENT
12.1.- The CLIENT can send us their complaints or claims through the means of our email address firstname.lastname@example.org. We will endeavor to respond to such complaints or claims as quickly as possible.
12.2.- Likewise, we inform you that, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, the CLIENT has the right to request an out-of-court resolution of consumer disputes, being able to access said method through the website: https://ec.europa.eu/consumers/odr/.
13.- PROTECTION OF PERSONAL DATA
BASQUELAND, as responsible for the treatment, will treat the data provided by the CLIENT during the online purchase process of products in order to carry out the administrative and economic management of said acquisition, including billing, collection and operations related to its execution.
The legitimacy for the treatment of the CLIENT’s personal data is based on the execution of the established contractual relationship, as well as compliance with the legal obligations applicable to the person responsible for the treatment in tax matters. The communication of the CLIENT’s personal data is a necessary requirement to formalize the purchase made, as well as to comply with the aforementioned legal obligations.
The personal data provided by the CLIENT will not be communicated to third parties, except to logistics operators for the delivery of orders and in case of legal obligation. On the other hand, those service providers contracted by BASQUELAND may access the CUSTOMER’s personal data, exclusively for the adequate provision of the aforementioned services, such as the hosting provider of the website, online payment service providers (PayPal ) and our accounting / tax advice.
The CLIENT’s personal data will be kept for the duration of their contractual relationship with BASQUELAND and, subsequently, during the applicable legal periods.
In the cases and under the conditions provided in the current regulations for the protection of personal data, the CLIENT may exercise in relation to their personal data the rights of access, rectification, deletion, opposition, limitation of treatment, data portability, opposition to to automated individual decisions and revocation of consent, by request addressed to the email address: email@example.com, accompanied by proof of your identity.
Similarly, the CLIENT will have the right to file a claim with the Spanish Data Protection Agency, especially when they have not obtained satisfaction in the exercise of their rights, by writing to the following postal address: C / Jorge Juan, 6, 28001 – Madrid, or through its electronic headquarters (www.aepd.es).
14.1.- By using this WEBSITE, the CLIENT accepts that most of the communications with us are electronic. For contractual purposes, the CLIENT agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send him electronically comply with the legal requirements of being in writing.
14.2.- The CLIENT can send notifications and communicate with us through the contact information provided in these CONDITIONS and, where appropriate, through the contact spaces on the WEBSITE.
15.- CAUSES OF FORCE MAJEURE
15.1.- We are not responsible for the breaches, impediments or delays in the fulfillment of an order attributable to events that are beyond our reasonable control (hereinafter, “causes of force majeure”), including without limitation any natural catastrophe, social commotion , wars, national emergencies, terrorism, piracy, strikes, lockouts, epidemics / pandemics, accidents, non-existence or problems with the supply of public services (including incidents with the electricity, telecommunications or internet supply), shortage or non-existence of supplies , materials, equipment or transportation, etc.
15.2 Both parties can terminate an order by written notification, in the event that the causes of force majeure do not cease within a period of 30 working days. In this case, neither party will be responsible for the termination (except in relation to the refund of the amount of a product paid but not delivered).
16.1.- No waiver on our part of a specific right or legal action or the lack of requirement of strict compliance by the CLIENT of any of its obligations, will not imply a waiver of other rights or actions derived from an order or from the CONDITIONS, nor will it exonerate the CLIENT from the fulfillment of its obligations.
16.2.- No waiver by us of any of these CONDITIONS or of the rights or actions derived from an order will take effect, unless it is expressly established that it is a waiver and it is communicated to the CLIENT in writing.
17.- PARTIAL NULLITY
If any of the clauses of these CONDITIONS were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
18.- ENTIRE AGREEMENT
These CONDITIONS and any document referred to in them constitute the entire agreement between the CLIENT and us in relation to the object of the order / contract, and replace any other agreement, agreement or previous promise agreed between the CLIENT and us, verbally or in writing.
19.- APPLICABLE LEGISLATION AND JURISDICTION
19.1.- The relationship between BASQUELAND and the CLIENT derived from placing orders through this WEBSITE will be governed by Spanish legislation. The foregoing will not deprive the CLIENT who is not resident in Spanish territory and who meets the condition of consumer of the greater protection conferred by the mandatory provisions of their country of habitual residence.
19.2.- The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the competent Courts and Tribunals of the CLIENT’s domicile.
Likewise, consumers may submit their claims through the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: https://ec.europa.eu/consumers/odr/ .
Last updated: 05/18/2021