1. Purpose and generalities
These General Terms and Conditions of Business (hereinafter referred to as the "General Terms and Conditions of Business") shall apply to all customers.General Terms and Conditions"), together with any special conditions that may be established, govern the conditions of purchase of products through the website www.anacaballo.com, www.anacaballo.es, www.nuevespirits.com, www.nuevespirits.es and all subdomains thereof (hereinafter, the "Website"or the "Portal"), owned by Nueve Spirits Singular S.L. with C.I.F. B-87925970 and registered office: C/ Luis Mateo Díaz nº 1. Rivas-Vaciamadrid 28521. Madrid (hereinafter, "9SS"), registered in the Mercantile Register of Madrid, Volume 36451, Folio 10, Page M-654925.
9SS provides information about products, and offers the possibility of their acquisition through the Website. Persons wishing to purchase products must have the status of "Registered User" or "Guest User", the former is acquired by completing the respective registration form prior to the purchase process and following the steps that 9SS subsequently communicates through the Website.
Any User registering to the Website must be at least eighteen (18) years of age.
The photographs, graphic or iconographic representations and videos relating to 9SS Products, as well as trade names, trademarks or distinctive signs of any kind contained on the Website, are intended to provide as much information as possible, however, the User must bear in mind that they are for guidance purposes and, consequently, are not exhaustive in nature.
9SS reserves the right to decide, at any time, the products offered to Users through the Portal. In this way, 9SS may at any time add new products to those included in the Portal, it being understood, unless otherwise provided, that such new products shall be governed by the provisions of the General Conditions that are in force at that time.
Likewise, 9SS reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal.
In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, 9SS will inform the User by email of the total or, where appropriate, partial cancellation of the order. The partial cancellation of the order does not entitle the User to the cancellation of the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these General Terms.
3. Product purchasing system
To proceed with the purchase of the product, the registered User or guest, who must be over eighteen (18) years of age, must select the product he/she wishes to purchase and add it to the Shopping Basket. Once the selection of products for purchase has been completed, the User must click on the "Finish" icon. Next, the products selected for purchase will be indicated and the User must select the delivery of the products to the address entered in their registration details or in the field provided for this purpose. Finally, the user must click on the "Pay" icon.
The User name, email address and password provided to 9SS are identifying and enabling elements to access and make purchases and are personal and non-transferable. The User's name, password and e-mail address may be modified, in which case the modified password, User name and/or e-mail address shall lose their validity.
Once the purchase process is completed, 9SS will send to the email address provided by the User, an email confirmation of receipt of the order within twenty-four (24) hours after the completion of the same. The order confirmation sent by 9SS will not be valid as an invoice, only as proof of purchase. The Customer Service Department of 9SS will send the User the corresponding invoice within a period of less than thirty (30) days from the execution of the purchase.
4. Prices of products
The prices of the products offered through the Website include all applicable taxes. The shipping costs of the products will be charged to the purchaser and will be detailed and itemised in the "Cart" section of the Website.
9SS reserves the right to modify the prices reflected on the Website, at any time. The products will be invoiced at the price in force on the Website at the time of registration of the order.
5. Payment of the products
Payment of the price of the goods purchased and the shipping costs, which will appear on the screen, may be made by credit or debit card and by other payment systems indicated from time to time on the Website.
In order to proceed with the payment, the User must follow the instructions that appear on the screen depending on the chosen payment system.
As an electronic payment system, 9SS is a member of the e-commerce payment gateway. All data provided for this purpose are encrypted under the SSL protocol (Secure Socket Layers) to ensure maximum security.
The User must notify 9SS, through "email@example.com" of any undue or fraudulent charge on the account provided for purchases on the Website, as soon as possible, so that 9SS can take the steps it deems appropriate.
6. Delivery of the products
9SS is obliged to deliver the products purchased by the User in the purchase process in the shortest possible time, and in any case, within thirty (30) calendar days from the date of placing the order. The delivery will be made at the address indicated for this purpose in the registration process or field enabled for this purpose on the web, products will not be delivered to post office boxes or call shops.
9SS shall not be liable for any errors or damages caused in the delivery when the delivery address provided by the User does not conform to the place of delivery desired by the User.
7. Return of products
(i) Right of withdrawal
The User shall have a maximum period of fourteen (14) calendar days from the delivery of the product to withdraw, in whole or in part, from the purchase of the product, in accordance with the applicable legislation.
Once the period of fourteen (14) calendar days has expired, 9SS will not accept returns for withdrawal of product purchases.
In the event of withdrawing from the purchase of a product, the User must contact 9SS by sending an e-mail to "firstname.lastname@example.org".
In any case, in the event of cancellation of the purchase, the following requirements must be met:
1) The product must be in the same condition in which it was delivered and must retain its original packaging and labelling.
2) The return to 9SS must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition.
3) A copy of the proof of purchase and the delivery note of the products must be included inside the package, indicating the products returned and the reason for the return.
Returns of orders must be sent to the address of 9SS, C/ Luis Mateo Díaz nº 1. Rivas-Vaciamadrid 28521. Madrid. The User shall bear the return shipping costs in the event of exercising the right of withdrawal.
(ii) Return of defective goods
Without prejudice to any other rights that may correspond to him/her, the User shall be entitled to reimbursement of the price of the defective products or of the products delivered if they do not correspond to the order placed by the User. Alternatively, the User shall be entitled to claim, and be delivered, an equal product, in perfect condition.
In the event of return to 9SS of defective products or products that do not correspond to your order, this must be done by the User through the procedure set out in paragraph (i) above, although the User, in this case, shall not be liable for the costs of returning such products.
Provided that the User has followed the procedure set out in paragraph (i) above and the requirements set out in this paragraph have been met, 9SS will refund the price paid for returned products that are defective or do not correspond to the product order placed by the User, as set out in paragraph (iii) below.
(iii) Reimbursement of the price of the products to the User
Provided that the User has followed the procedure set out in this section and the requirements set out in this section have been met, 9SS will refund the price paid by the User for the products returned. In the event that the return is made in exercise of the User's right of withdrawal described in paragraph (i) 9SS will not pay or meet the costs and / or costs of return.
The User shall not be entitled to reimbursement of the price of returned products which are not in the same condition in which they were delivered, or which do not meet the requirements set out in these General Conditions.
Partial returns of an order shall give rise to the reimbursement of the price corresponding to the product(s) actually returned.
9SS will manage the order for the refund of the price through the same payment system used by the User to purchase the products, within thirty (30) days from the collection of the returned order and once 9SS has verified that the products being returned meet the requirements set out in paragraphs (i) and (ii) above. The application of the refund of the price in the User's account will depend on the bank.
8. Modification of the General Conditions
9SS reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Conditions. Users will always have these General Conditions in a visible place, freely accessible for any queries they wish to make. Users undertake to read these General Conditions carefully each time they access the Website shop. In any case, the acceptance of the General Conditions will be a prior and indispensable step to the contracting of any product available through the Website.
9. Communications between 9SS and the User
All communications between 9SS and the User regarding these General Conditions or the purchase of products through the Website shall be made in writing and in accordance with the communication procedures set out in these General Conditions for each particular case.
For all other cases that are not expressly regulated in these General Conditions, the communications that the User intends to send to 9SS shall be addressed to the address of 9SS indicated in the First Condition and shall be made in writing and through a system that allows accreditation of the content and receipt by 9SS of the corresponding communication.
10. Completeness of the General Conditions
11. Partial nullity
In the event that any Clause of these General Conditions is declared null and void, it will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in these General Conditions.
12. Applicable Law and Jurisdiction
These General Terms and Conditions are governed by and construed in accordance with Spanish law.
In the event of any kind of discrepancy or claim between the parties in relation to the fulfilment or content of these General Conditions, the parties agree to submit the decision of the matter raised to the competent Courts and Tribunals in accordance with the applicable legislation.