General Terms & Conditions of Use and Business

OWNERSHIP

The owner of the website is Lagar de la Salud S.L.(hereinafter, “LAGAR DE LA SALUD”) with registered office at Calle Corredera 30 1D, 14550 Montilla, Spain and CIF B56074990.

The Company is registered in the Commercial Register of Córdoba; Volume: 2580; Folio: 211; Page: CO-38172; Inscription: 1st.
The customer service email address is: info@lagardelasalud.com

PURPOSE.

LAGAR DE LA SALUD makes available through the websites of its ownership, app, or any other means established in the future, a technological platform (hereinafter “WEBSITE”) where it offers you, its user and/or customer, (hereinafter “YOU”, “YOUR” and “YOURS”) information about its products or services.

LAGAR DE LA SALUD may, depending on the development and evolution of its products and services, expand or modify its WEBSITE, including or replacing new products, services, activities or content.

TERMS OF USE

Acceptance of the terms and conditions of use and business.

These General Terms and Conditions of Use and Business (hereinafter, “the General Terms”) govern, together with the Privacy Policy, YOUR access and use of the WEBSITE as well YOUR purchase of products and services through the WEBSITE.

YOU must read these General Terms carefully each time YOU access the Website, as these General Terms may be subject to change.

YOU declare:

that YOU have read these General Terms and understand them;

that YOU are an adult of sufficient legal age to purchase alcoholic beverages according to the legislation of the country of YOUR residence and have sufficient legal capacity to enter into contracts;

that YOU assume all the obligations set forth herein;

that YOU understand that the WEBSITE is a technological platform owned by LAGAR DE LA SALUD through which its products can be purchased.

The owner of the WEBSITE reserves the right to make, at any time and without prior notice, any modification or update of its content and services; of these General Terms and, in general, of any elements that make up the design and configuration of the WEBSITE.

Access to the WEBSITE and legal age.

Access to the WEBSITE is free of charge, except for the cost of connection through the telecommunications network provided by YOUR access provider.

Given that the content and services of the WEBSITE deal, among other products, with alcoholic beverages, access to the same is only permitted to those of legal age in accordance with the provisions of the regulations of their country of residence. Please leave the WEBSITE immediately if YOU are underage.

Registration requirements.

In general, for access to the services and content of the WEBSITE, it is not necessary for YOU to register. However, the use of certain services and content may be subject to YOUR prior registration.

The information provided by YOU must be accurate, up-to-date and truthful at all times. As a registered user, YOU will be responsible at all times for the safekeeping of YOUR password, assuming any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and content made under the password of a registered user shall be deemed to have been made by said registered user, who shall be liable in all cases for said access and use.

By registering on our website, YOU acquire the status of user, customer or business contact of LAGAR DE LA SALUD. Consequently, our company will send YOU electronic commercial communications in accordance with our Privacy Policy and based on legitimate interest, as established in the European Data Protection Regulation and the Law of Information Society Services and Electronic Commerce. In these emails YOU will be given the option to exercise your rights. We urge YOU to read our Privacy Policy.

RULES OF USE.

YOU undertake to use the WEBSITE and all its content and services in accordance with law, moral standards, principles of public order and these General Terms.

Likewise, YOU undertake to make appropriate use of the services and/or content of the WEBSITE and not to use them for illicit or criminal activities, or activities that infringe the rights of third parties and/or violate the regulations on intellectual and industrial property, or any other applicable legal regulations.

YOU undertake not to transmit, introduce, disseminate or make available to third parties, any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to law, moral standards, principles of public order or these General Terms. By way of example, and in no way limitative or restrictive, YOU agree:

I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or any other content or propaganda that supports terrorism, undermines human rights or encourages the irresponsible consumption of alcohol.
II.- Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized in the Constitution and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V.- Not to transmit unsolicited or unauthorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of unsolicited mailing, except in those areas (such as commercial spaces) that have been exclusively conceived for that purpose.
VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
VII.- Not to impersonate other users by using their registration keys to the various services and/or content of the WEBSITE.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the WEBSITE or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the privacy of communications or data protection legislation.

YOU undertake to indemnify LAGAR DE LA SALUD against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of YOUR breach of any of the rules of use indicated above. LAGAR DE LA SALUD also reserves the right to seek compensation for any damages incurred.

Exclusion of liability.

YOUR access to the WEBSITE does not imply for LAGAR DE LA SALUD an obligation to check for the absence of viruses, worms or any other harmful computer element. It is up to YOU, in all cases, to employ adequate tools for the detection and disinfection of harmful computer programs.

LAGAR DE LA SALUD accepts no responsibility for damage caused to YOUR software and computer equipment, or that of third parties, during the use of the services offered on the WEBSITE.

LAGAR DE LA SALUD accepts no responsibility for damages of any kind caused to YOU due to failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the WEBSITE service during or prior to the provision of the same.

Content and Services linked through the Website.

The access service to the WEBSITE includes technical linking devices, directories and search tools that allow YOU to access other sites and Internet Portals (hereinafter, “Linked Sites”). In these cases, LAGAR DE LA SALUD will only be responsible for the content and services provided in the Linked Sites to the extent that it has actual knowledge of their illicit nature and has not acted with due diligence to disable the link. In the event that YOU consider that there is a Linked Site with illegal or inappropriate content, YOU may inform LAGAR DE LA SALUD accordingly. In no case does such communication create an obligation to remove the corresponding link.

In no case shall the existence of Linked Sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of LAGAR DE LA SALUD with the statements, content or services provided.

LAGAR DE LA SALUD does not know the content and services of the Linked Sites and, therefore, is not responsible for damages caused by the unlawfulness, quality, outdatedness, unavailability, error or uselessness of the content and/or services of the Linked Sites, nor for any other damage that is not directly attributable to LAGAR DE LA SALUD.

In the event that YOU may access or be redirected to Linked Sites that allow the contracting of services and/or products, YOU know and accept that LAGAR DE LA SALUD acts as a mere intermediary facilitating such access, for which reason it shall not be liable, either indirectly or subsidiarily, for damages of any nature arising from the free use and/or contracting of such services and products of third parties, or for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and up-to-dateness of the same. By way of example, and in no way limiting, LAGAR DE LA SALUD shall not be liable for damages of any kind arising from defective performance or breach of contractual commitments made by third parties; the performance of acts of unfair competition and illegal advertising; the inadequacy of services and products of third parties or their failure to meet expectations; or the vices and defects of any kind that may occur in them.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All content of the WEBSITE, understood as including, merely by way of example, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of LAGAR DE LA SALUD or third parties, and it may not be construed that any of the exploitation rights over the same, recognized by current legislation on intellectual property, have been transferred to YOU.

All brands, trademarks and logos are property of LAGAR DE LA SALUD or third parties and it may not be construed that accessing the WEBSITE confers any right whatsoever over them.

By accepting these General Terms, YOU assign to LAGAR DE LA SALUD, free of charge and exclusively, all exploitation rights over the articles, comments and opinions (hereinafter, “the Content”) that YOU publish, or authorize the publication of, on the WEBSITE. Such assignment shall be understood to be worldwide in its territorial scope, without any limitation whatsoever, and for the maximum term provided for in Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the matter. LAGAR DE LA SALUD may exploit the rights of reproduction, transformation, distribution and public communication of the Content, in the broadest sense recognized by said Law.

YOU, hereby asserting that YOU possess full intellectual property rights over the articles, comments and opinions mentioned above, undertake to assume all claims or liability, including compensation for damages, that any third party may exercise against LAGAR DE LA SALUD for considering their rights infringed by any of the actions arising from obligations assumed by YOU, directly or indirectly, under these General Terms.

Likewise, YOU undertake to indemnify LAGAR DE LA SALUD against any damage that it or a third party may suffer as a result of the formalization of the transfer of rights regulated in this clause.

TERMS OF BUSINESS

Scope of application.

These general terms of business shall apply to purchases made between YOU and LAGAR DE LA SALUD.

Given the characteristics of the website, LAGAR DE LA SALUD does not guarantee full availability of the product at the time of purchase, notwithstanding receipt of the order confirmation email. In the event that the product purchased during the order is not available, and YOU do not want a replacement product, a full refund of the product value will be made. In the event of a partial or total refund, LAGAR DE LA SALUD will issue the refund within 14 calendar days of the date YOU communicate YOUR refund request.

THE PURCHASE PROCESS.

The process for purchasing products through the WEBSITE is as follows:

Start the process by clicking on one of the products displayed on the SHOP page.

Select the quantity desired, then click on “Add to basket”.

In the event that a discount coupon, promotion or gift code is available, YOU must include it in the shopping cart by entering the code in the space provided (“Coupon code”) and then clicking “Apply coupon”. In the event that the coupon is not entered in this space and the order is placed without discount, YOU will not be able to subsequently claim the application of the discount after the order has been confirmed.

In the shopping cart, YOU must click on “Proceed to checkout”.

On the “Checkout” page, YOU must enter YOUR shipping address to ensure the correct reception of YOUR order. Then click “Continue”.

In the “Shipping” section, YOU will be able to view the estimated delivery time and the cost of this service, which will be added to the total cost of the order. Click “Continue”.

In the “Payment” section, YOU must enter YOUR credit/debit card information and click “Continue”.

Finally, in the section “Review and place order” YOU must click on the button “I agree to the website’s Terms and Conditions, Privacy Policy and Returns Policy”. YOU will receive confirmation of the acceptance of YOUR order by means of an on-screen message and by email to the account previously provided.

YOU assume responsibility for the correct and truthful entry of YOUR delivery details, LAGAR DE LA SALUD not assuming any responsibility in the event that the delivery cannot be made due to inaccurate or incorrect information.

LAGAR DE LA SALUD offers to YOU on its WEBSITE a service for the purchase of products for consumption by individuals or companies. LAGAR DE LA SALUD does not give authorization for the resale of these purchases, nor does it provide documentation for this purpose. YOU are fully responsible for any such actions, releasing LAGAR DE LA SALUD from any responsibility in respect of the resale of these products. In the event that YOU are a legal entity, consumer legislation shall not apply. By way of illustration, but without limitation, the right of withdrawal shall not be applicable.

PRICES.

Prices will be quoted in euros

There may be cases where a manifest error has been made on the part of LAGAR DE LA SALUD in entering the price of the product. In the event that this results in a significant difference in price (50% or more of RRP), and that it is not an offer, LAGAR DE LA SALUD reserves the right to cancel YOUR order after first notifying YOU, at no cost to LAGAR DE LA SALUD.

PAYMENT

YOU can pay for YOUR purchases using the methods that LAGAR DE LA SALUD makes available on its WEBSITE, as indicated during the purchase process. In all cases, the systems employed shall ensure the security of the payment.

LAGAR DE LA SALUD reserves the right to use electronic payment methods provided by third parties and/or financial institutions to manage YOUR payments via the WEBSITE. Such payments will be processed in collaboration with the providers of the payment service.
LAGAR DE LA SALUD does not have access to the bank details linked to YOUR payment method and does not know or record these details during the payment transaction.

LAGAR DE LA SALUD reserves the right to reject or cancel, prior communication to YOU, at its sole discretion, those orders in which there are (i) inaccuracies or obvious errors in the product, (ii) inaccuracies or obvious errors in the pricing through the WEBSITE or (iii) any suspicion of fraud or of the provision of significant false, incomplete or inaccurate data on YOUR part.

LAGAR DE LA SALUD reserves the right to request a copy, by fax or email, of the card used in the purchase and of YOUR identity document: bank statement, national identity card, passport or equivalent, in order to confirm the veracity of the data provided.
In order to pay by bank transfer, YOU must make a transfer using the details that appear in the order confirmation email. This will indicate the account number to which the transfer should be made, the amount and the reference to be attached to expedite the process of final acceptance of YOUR order. The order will be processed upon receipt of complete payment, and the number of days for delivery, as communicated to YOU, shall be counted from the date of receipt of the full amount. Orders placed for payment by bank transfer are valid for 48 hours. Should payment be made after that time, the order may be subject to changes in product availability or pricing.

YOU expressly authorize LAGAR DE LA SALUD, should YOU request an invoice for the purchased products, to receive the same in electronic format and in the legal currency of Spain.

SHIPPING COSTS AND DELIVERY.

All shipping costs shall be borne by YOU, unless expressly stated otherwise.

LAGAR DE LA SALUD will indicate the amount of the shipping costs during the order process; YOU must approve these costs prior to acceptance of the order, unless they are included in the price. LAGAR DE LA SALUD will inform YOU in advance, during the purchase process, of any additional costs incurred as part of the purchase.

LAGAR DE LA SALUD will inform YOU of the estimated delivery times of the order during the purchase process. The delivery times indicated in the order are only an estimate and are expressed in working days. LAGAR DE LA SALUD will process YOUR order within a maximum period of 2 working days from the date of its payment, except in some specific cases in which LAGAR DE LA SALUD specifies that additional days are necessary for the preparation of the order. LAGAR DE LA SALUD is not responsible for delays beyond the estimated delivery time.

It is up to YOU to check the order at the time of delivery and to make, at that time, any and all claims that YOU deem justified, such as those arising from product breakage or missing products. In the event that YOU do not indicate to the carrier at the time of delivery, and in the relevant document (delivery note), any anomaly with the order received (breakage, missing goods, wrong products), LAGAR DE LA SALUD shall not be liable for any claims or costs arising from a subsequent claim. LAGAR DE LA SALUD may request, in the event of any claim by YOU resulting from an incident during delivery, photographs to confirm such claim.

LAGAR DE LA SALUD assumes no liability whatsoever arising from the breach of the obligations described in this clause due to the action or omission of the logistics operator, without prejudice to the steps that LAGAR DE LA SALUD may freely take to help find the best solution to any incidents arising, at the request of the parties. In the event that LAGAR DE LA SALUD is in charge of the logistic management, YOU will be duly informed beforehand.

Orders will be delivered to the delivery address freely designated by YOU in the order form, provided that the address is included in the delivery areas included in the WEBSITE. LAGAR DE LA SALUD will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy or falsity of the data provided by YOU for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.
The order will be delivered as soon as possible and, in any case, always within thirty (30) calendar days from the date of order confirmation. Although the approximate delivery time is indicated in the order, LAGAR DE LA SALUD reserves the right to modify this estimate, as long as YOU are previously informed. The delivery time stated in the order is informative, not contractual. Whenever the product has not been shipped and/or the total delivery time from the date of payment of the order exceeds 30 calendar days, YOU may cancel YOUR order free of charge and receive a refund.

Deliveries are made on working days (Monday to Friday) and during business hours (from 9:00 am to 7:00 pm). Unfortunately, deliveries are not offered outside of business hours or on weekends or holidays, regardless of whether YOU request these options in YOUR order or in any communication with the LAGAR DE LA SALUD team.

CANCELLATIONS AND RETURNS.

YOU can cancel YOUR order free of charge until such time as the shipment has been prepared for shipping to YOU. If YOUR cancellation request arrives after the order has been prepared, the cancellation request will be considered a return by YOU.

YOU may freely withdraw from the purchase contract, without stating the reasons, within fourteen (14) calendar days from the date of receipt of the product. The date of the delivery note certifying the delivery of the product will be used to start the calculation of the period of fourteen (14) days mentioned above.

To exercise YOUR right of withdrawal, YOU must communicate it to the email address info@lagardelasalud.com, indicating, for identification and management purposes, the email used for the purchase and the order number. LAGAR DE LA SALUD will reply to YOU specifying the precise instructions for the exercise of the right of withdrawal.

YOU shall bear the costs and all other formalities associated with the return of the product, which must be packaged and shipped securely, so that the returned merchandise arrives in perfect condition. YOU will be responsible for any damage suffered by the product during this process.

LAGAR DE LA SALUD, in the case of cancellation of the order, will refund the total amount of the order, after deducting collection costs, via the same payment method YOU used for the purchase of the product, within a maximum period of fourteen (14) calendar days from verifying the correct condition of the product returned by YOU to LAGAR DE LA SALUD.

LAGAR DE LA SALUD will only admit the return of the product when its use has been limited to YOUR merely verifying the proper functioning of the product, in accordance with current legislation.

LAGAR DE LA SALUD will not accept the return of any product that suffers deterioration attributed to YOU.

The return of the product must be made in its original packaging and in perfect condition, i.e. not damaged or soiled by YOU, and it shall be sent to the place indicated by LAGAR DE LA SALUD in the instructions sent to YOU. In addition, for the purpose of identifying the sender, YOUR full details must be visible on the packaging. In case of not being sent in the conditions described in the present terms, the goods will suffer a loss of value that, in all cases, must be paid by YOU.

There is no right of withdrawal in the cases contemplated in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users. By way of illustration, but without limitation, there can be no return in the case of personalized or perishable products. Without prejudice to the above, in case of doubt, YOU may consult with LAGAR DE LA SALUD beforehand.

In case of shipping error or product defect, LAGAR DE LA SALUD undertakes to exchange the defective product for an identical one, provided that it is available, and will be responsible for the return and shipping costs. In the event that an exchange cannot be made, the amount of the product will be refunded within 14 calendar days.

PERSONAL DATA PROTECTION AND COOKIES.

YOU agree to comply with the WEBSITE’s Privacy Policy as established at the following location:

https://www.lagardelasalud.com/en/privacy

Also, this website uses own and third party cookies, in accordance with the Cookies Policy set out at:

https://www.lagardelasalud.com/en/cookies

LIMITATION OF LIABILITY.

LAGAR DE LA SALUD is not responsible for links to and content of websites owned by third parties that may be included by LAGAR DE LA SALUD in order to provide YOU with further information. If YOU access them, they will be subject to the terms of use and/or business and to the privacy policy contemplated therein.

NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

If any clause included in these General Terms is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Terms shall remain in force in all other respects, such provision being considered totally or partially excluded.

APPLICABLE LAW AND JURISDICTION.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.

For the resolution of conflicts, the parties submit, at their option and renouncing any other jurisdiction, to the courts of the domicile of LAGAR DE LA SALUD.

The European Commission offers a platform for alternative dispute resolution, which any consumer can access at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm.

For further information, please contact info@lagardelasalud.com

LANGUAGE.

For YOUR convenience, LAGAR DE LA SALUD has provided English translations of these General Terms and the WEBSITE’s Privacy Policy and Cookies Policy. These translations are for information purposes only, and the definitive version, in all cases, shall be the Spanish version.