GENERAL CONDITIONS OF CONTRACTING FOR INDIVIDUAL CUSTOMERS
The following general sales conditions (gsc) apply to professional clients or companies.
These General Conditions of Contract (hereinafter, "Conditions of Contract") regulate the commercial relations between INDUSTRIAS CESPEDES E HIJOS, S.L. (hereinafter, “INDUSTRIAS CESPEDES”) and Users (according to this term defined in the Legal Notice) that, through the website of INDUSTRIAS CESPEDES: www.elaborarcerveza.com (hereinafter, the “Website”) acquire the products offered (hereinafter, the "Products") at any time to the Users specifically for online sale (hereinafter, the "Customers").
The duration of these Conditions of Contract is indefinite, without prejudice to the duration determined in each of the specific relationships in which they are applicable.
By accepting these "Contract Conditions", the "Client" states:
• That they have read and understood what is stated here.
• That he or she is of legal age.
• That, in case he or she is willing to hire a service, they have enough capacity for it.
• He or she has residence in Spain.
• That he or she assumes all the obligations set forth herein.
The terms and conditions of the online operations between CESPEDES INDUSTRIES and CUSTOMERS through the WEBSITE will be those described in these “Contract Conditions”
IDENTITY AND CONTACT DETAILS OF "INDUSTRIAS CESPEDES"
- Holder: Industrias Céspedes e Hijos, S.L.
- V.A.T. number: B-36.295.699
- Registered office: Industrial Estate Chan de Ponte, Pavilions 1 and 20, C.P. 36,450, Salvaterra do Miño, Pontevedra, Galicia (Spain).
- E-mail: firstname.lastname@example.org
- Telephone: + 34 986-658-526
- Fax: + 34 986-658-427
- Registration data: Registered on 10-11-1997 in the commercial register of Pontevedra, on folio 16 of book 2031 of companies, 1st registration, sheet No. PO-20330
By using this Website or when making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with everything Therefore, you should not use this Website.
Likewise, it is informed that these Contract Conditions could be modified. The Client is responsible for consulting them each time he accesses, browses and / or uses the Website as those that are in force at the time the purchase of products and / or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, he can contact the owner using the contact information provided above or, where appropriate, using the contact form.
1. - ACTIVITY OF INDUSTRIAS CESPEDES AND PURPOSE OF THE WEBSITE
For the purposes of these Conditions it is understood that the activity that INDUSTRIAS CESPEDES E HIJOS, S.L. developed through the Website consists of:
- Trade of objects of own manufacture or supplied by third parties for agricultural, livestock, wine, beer and food industry.
- Rental of machinery and equipment.
- Sale of products and provision of services.
- Maintenance and repair of any type of facilities or machinery
the purpose of the Website is to inform about everything that may be of interest to the client: promotions and product offers, financing and purchase facilities, schedules, location, activities and services.
2. - CONTRACTING PARTIES
The access, navigation and use of the Website confers the condition of User of the Website.
The use of this Website implies the acceptance of the User of the established Conditions and their modifications, without prejudice to the application of the corresponding legal regulations.
The User declares:
- Be over 18 years of age and have the legal capacity to enter into contracts through this Website.
- Have been informed about your right of withdrawal.
Likewise, the Client undertakes to keep updated his personal information related to the services by email and / or other types of messaging service.
In the event that the Client turns out to be a legal entity, the person making the purchase / order must have sufficient powers to execute said transaction on behalf of the legal entity.
3. - PRODUCTS OFFERED
INDUSTRES CESPEDES will publish with the image of the Products the applicable sales price and other specific characteristics (name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out and / or cost of benefits).
INDUSTRES CESPEDES may, unilaterally and at any time, suspend, cancel or offer new Products for sale; either temporarily or indefinitely.
The prices of the Products may change at any time. INDUSTRIAS CESPEDES guarantees that possible changes will not affect confirmed orders or purchases. The price indicates the applicable VAT and those accrued taxes.
If there are offers, they will be indicated next to the initial price. In any case, the temporary period of validity of the offer will be indicated.
All purchase orders received by INDUSTRES CESPEDES through the Website are subject to the availability of the products and / or that no circumstance, major force or circumstances beyond the control of INDUSTRES CESPEDES affect their supply.
In case of difficulties in the supply or lack of stock, INDUSTRIAS CESPEDES undertakes to express it on the Website with one of the following formulas “without stock / pending replenish / not available / coming soon”.
When it is due to supervening causes that affect purchases already made, INDUSTRIAS CESPEDES undertakes to contact the Customer and reimburse any amount that could have been paid as an amount. This will be equally applicable in cases where the provision of a service would become unworkable.
5. - PURCHASE PROCESS
5.1 Customer registration need
To initiate the relationships, the User of the Website must register through the platform enabled on the Website by completing the Customer registration form for this purpose.
In any case, to complete the Customer registration, acceptance of these Contract Conditions, Conditions of Use, and the data protection and cookie management policies that are essential for the service, will be required.
The admission as Customer generates a personal window on the Website to manage and know the operations performed on it, as well as to know the status of orders and requests.
5.2 Recruitment process
The Client will follow the steps indicated on the Website to make the purchase of the products selected and incorporated into his Client cart.
The Client/customer will receive an e-mail confirming the receipt of the order or request to sell the product.
The invoice will be sent via mail to the client/customer.
The Client/customer acknowledges being aware, at the time of purchase, of the particularities of sale and transport of the product; which will be expressly reflected on the Website during the purchase process.
INDUSTRIAS CESPEDES will not be responsible for the alterations between the image or presentation of the products on the Website and those actually delivered to the Client/customer, unless they are substantial differences in structural elements of the products; and leaving the particularities of each case safe.
The communications, purchase orders and payments that intervene during the transactions made on the Website may be archived and kept in the computerized records of INDUSTRIAS CESPEDES in order to constitute a means of proof of the transactions, in any case, respecting the conditions reasonable security and the laws and regulations in force in this regard are applicable.
5.3 PAYMENT METHODS
INDUSTRIAS CESPEDES will issue an email indicating the instructions, data where necessary to proceed with the payment of the goods, payment methods accepted. This communication will be accompanied by electronic invoice and these Conditions of Contract that are understood to be understood and accepted.
Payment must be made within the established period.
All invoices will itemize the cost of the product and other amounts that are subject to payment by the Customer.
Payments will be made in Euro (€) on the dates indicated by CESPEDES INDUSTRIES, either by bank transfer or deposit account, either by PayPal, or by credit card.
- Credit cards will be subject to checks and authorizations by the issuing bank. If said entity does not authorize payment, INDUSTRIAS CESPEDES will not be liable for any delay or lack of delivery and may not formalize any contract with the Client. In any case, with the execution of the payment the Client declares to be the owner or legitimate user.
- In the payments made by bank transfer, the products will be reserved for 5 calendar days from the confirmation of the order so that the bank transfer is taken into account by the payment system used by CESPEDES INDUSTRIES for the Website. Upon receipt of the transfer, the order will be prepared and managed for shipment.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
INDUSTRIAS CESPEDES will not be held responsible for the surcharges or amounts that the banking, financial or credit institutions may establish for the execution of the transactions.
5.4 DELIVERY OF PRODUCTS
INDUSTRIAS CESPEDES products are delivered by companies specialized in transport. For this reason, the particularities regarding the conditions, delivery times and condition of the merchandise will be the responsibility of said company. In any case, home deliveries are made on weekdays.
Similarly, transportation costs are borne by the Customer, detailing the amount for this concept on the Website.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to the carrier, it will be understood that the User wishes to withdraw from the contract and it will be deemed resolved.
However, the User must bear in mind that the transport derived from the return of products by resolution or withdrawal may have an additional cost that may be passed on to it.
For the purposes of these Conditions of Contract, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which is will accredit by signing the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when INDUSTRIAS CESPEDES receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after full receipt of the amount to be paid.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the Spanish VAT application territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.
5.5 ERROR CORRECTION
In case you detect that an error has occurred when entering data necessary to process your purchase request on the Website, you can modify them by contacting email@example.com through the contact spaces enabled on the Site Web, and, where appropriate, through those authorized to contact customer service, and / or using the contact information provided. Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User has access to the space, cart, or basket where their purchase requests are recorded and where they can make modifications.
Similarly, the User may exercise his right of withdrawal through the form available on the following link: ______________________________________
5.6 RESOLUTION OF THE CONTRACT
The Client may unilaterally terminate the contract subject to these Conditions of Contract when he does not have debit balances with CESPEDES INDUSTRIES or other entities or persons to whom some amounts are due, by email to the address firstname.lastname@example.org
INDUSTRIAS CESPEDES may terminate the contract when:
- The Client is in default for 20 calendar days.
- The Client carries out any type of behavior oriented to avoid payment. In particular, this circumstance will be considered concurrent when there is a rise in assets.
- The Client does not respect the terms and obligations imposed by these Contract Conditions.
In those cases in which the Client is not satisfied with the Products received, the following rights assist him:
6.1 RIGHT OF WITHDRAWAL
The Client has a period of 14 days to exercise his right to withdraw from said purchase without justification. This period will be computed from the moment of delivery of the Products. After this period, this power will expire.
To exercise this right of withdrawal, the Client must notify INDUSTRIES CESPEDES of its decision through the contact spaces provided on the Website, by email email@example.com or by any of the means of contact provided in the heading of these Conditions of Contract.
In accordance with the provisions of art. 103 of the TRLDCU (Spanish court) inform you that custom-made or customized products, among other statements, are excluded from this faculty.
6.2 RETURNS OF DEFECTIVE PRODUCTS OR SHIPPING ERROR
In those cases in which the Products received by the Client do not conform to what is stipulated in the contract or purchase order, the Client must immediately show this lack of conformity to INDUSTRIAS CESPEDES.
INDUSTRES CESPEDES will inform the Client about the different possibilities of rectification of the lack or defect through repairs, substitutions, price reductions or substitutions; depending on the case. These measures will not entail additional costs for the Client.
The amount paid for defective Products will be returned in full when said defects are credited and the return from the judgment of INDUSTRIAS CESPEDES. The refund will be made by the same means of payment that the Client has used to make the payment.
In any case, the rights recognized by the legislation regarding consumers and users will be respected.
Those Clients with the condition of Consumers or Users according to the legislation and jurisprudence in force at the time of ordering or buying Products, will be guaranteed the recognition of their rights falling on INDUSTRIES CESPEDES the responsibility for defects or breaches of conformity, without prejudice to the guarantee offered by manufacturers.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by CESPEDES INDUSTRIES and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance and what to expect from a product of the same type. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section “Returning defective products or shipping error”.
However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the Client acquires on the Website a product of a brand or manufacturing by a third party.
In this case, and considering the User that it is a defective product, it also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years after delivery of said products.
For this, the User must have retained all the information in relation to the product warranty.
7. EXEMPTION OF LIABILITY
Unless otherwise provided by law, INDUSTRIAS CESPEDES will not accept any responsibility, regardless of its origin, for the following losses:
- Losses not attributable to any breach by you.
- Business losses (loss of earnings, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).
- Other indirect losses not reasonably foreseeable by any of the parties at the time of formalization of the contract of sale.
Similarly, INDUSTRES CESPEDES also limits its liability in the following cases:
- Minimal differences or inaccuracies caused by lack of screen resolution, browser problems or others of this nature.
- Damages arising from a malfunction of transport. Especially due to strikes, road retentions and, in general, any other characteristic of the transport sector resulting in delays, losses or theft of the product.
- Technical failures related to Internet communication services.
- Website maintenance tasks. In any case, it declines all responsibility derived from non-attributable causes, fortuitous event or force majeure.
- Misuse and / or wear of those products that have been used by the Client.
- Wrong returns made by the User. It is the responsibility of the
Customer return the correct product.
In general, INDUSTRIAS CESPEDES will not be responsible for any breach or delay due to events beyond its control and will; excluding responsibilities due to force majeure which, by way of example, may include:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or
any other natural disaster.
- Impossibility of use of trains, ships, airplanes, motor transport or others means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority the obligations of INDUSTRES CESPEDES will be suspended during the period in which the cause of force majeure continues and the period of compliance will be suspended while the cause of force majeure lasts, resuming its completion.
In any case, INDUSTRIAS CESPEDES will use all reasonable means to find a solution that allows it to fulfill its obligations.
For the purposes of these Conditions of Contract, and for any communication that is necessary between CESPEDES INDUSTRIES and the Clients, these should be addressed to CESPEDES INDUSTRIES by email addressed to the address firstname.lastname@example.org or, by written communication addressed to INDUSTRIAS ESCAPE to the postal address Polígono Industrial Chan de Ponte, Pavilions 1 and 20, 36.450, Salvaterra do Miño, Pontevedra, Galicia (Spain).
The use of this Website implies acceptance by the User that the communications between the parties are electronic.
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that INDUSTRIAS CESPEDES sends electronically comply with the legal requirements of being in writing.
Likewise, unless otherwise stipulated, INDUSTRIAS CESPEDES may contact and / or notify the User by email or at the postal address provided.
9. COMPLAINTS AND CLAIMS
The Client can send their complaints, claims and comments through the web www.elaborarcerveza.com, through the email email@example.com or by postal mail to the address Polígono Industrial Chan de Ponte, Pavilions 1 and 20, 36,450, Salvaterra do Miño, Pontevedra, Galicia (Spain).
In any case, there are complaint sheets available to Clients and Users who can request from INDUSTRES CESPEDES at any time.
10. APPLICABLE LEGISLATION AND OUT
The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between CESPEDES INDUSTRIES and the Client, will be submitted to the courts and tribunals of the judicial party of Ponteareas.
11. PROTECTION OF PERSONAL DATA
Consult Data Protection Policy.