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GENERAL CONDITIONS
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 Ana Caballo Vermouth S.L., (hereinafter ".ACV"), with C.I.F. B-87925970, registered in the Mercantile Register of Cáceres Folio 5631, Volume 44, whose registered office is at CRUCE DE CARRETERA EX-354 CON EX-102, 10262 ABERTURA (CÁCERES).
The use of the services of the Website, as well as the purchase of any of the products offered, implies the User's acceptance, without reservations of any kind, of each and every one of these General Conditions. Registration on the Website and the use of the services entails that your data as a User will become part of the ACV files, and its treatment will be in accordance with the provisions of the Privacy Policy, which the User expressly declares to know and accept.
ACV 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 being acquired by completing the respective registration form prior to the purchase process and following the steps that ACV subsequently communicates through the Website.
These General Conditions, together with the Legal Notice and the Privacy Policy of the Website, are the only conditions applicable to the use of the Portal and the purchase of products through it and replace any other conditions, unless previously agreed in writing between ACV and the User. Consequently, the User who accesses the Website, registers and purchases products through the Website accepts to be bound by the General Conditions, the Legal Notice and the Privacy Policy as they are drafted at the time of accessing the Website.
Any User registering to the Website must be at least eighteen (18) years of age.
Product information
The photographs, graphic or iconographic representations and videos relating to ACV Products as well as commercial names, brands or distinctive signs of any kind contained in the Website are intended to provide the greatest possible information, however, the User must bear in mind that they are for guidance purposes and, consequently, are not exhaustive in nature.
ACV reserves the right to decide, at any time, the products offered to Users through the Portal. Thus, ACV 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.
ACV also 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, ACV will inform the User by email of the total or, where appropriate, partial cancellation of the order. Partial cancellation of the order does not entitle the User to 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 and Conditions.
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's name, e-mail address and password provided to ACV are elements that identify and enable the User 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 will lose their validity.
Once the purchase process has been completed, ACV will send an email confirming receipt of the order to the email address provided by the User within twenty-four (24) hours after the order has been placed. The order confirmation sent by ACV will not be valid as an invoice, only as proof of purchase. ACV's Customer Service Department will send the User the corresponding invoice within 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.
ACV reserves the right to modify the prices shown 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, ACV is attached to 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 ACV through "hello@anacaballo.com" of any undue or fraudulent charge to the account provided for purchases on the Website, as soon as possible, so that ACV can take the steps it deems appropriate.
6. Delivery of the products
ACV undertakes to deliver the products purchased by the User in the purchase process as soon as possible, and in any case, within thirty (30) calendar days from the date of placing the order. Delivery will be made to the address indicated for this purpose in the registration process or field provided for this purpose on the website; products will not be delivered to post office boxes or call centres.
ACV shall not be liable for any errors or damages caused in the delivery when the delivery address provided by the User does not correspond 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, ACV will not accept returns for withdrawal of product purchases.
In the event of withdrawing from the purchase of a product, the User must contact ACV by sending an e-mail to "shop@anacaballo.com".
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 ACV 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 should be sent to the address of ACV, 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 ACV of defective products or products that do not correspond to the order, this must be carried out by the User through the procedure established in section (i) above, although the User, in this case, shall not be liable for the costs of returning said products.
Provided that the User has followed the procedure set out in section (i) above and the requirements set out in this section have been met, ACV 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 section (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 therein have been met, ACV will reimburse 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 section (i) ACV will not pay or bear 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.
ACV will process the price refund order using 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 ACV has verified that the products being returned comply with the requirements set out in sections (i) and (ii) above. The application of the price refund to the User's account will depend on the bank.
8. Modification of the General Conditions
ACV 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 may 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 ACV and the User
All communications between ACV and the User regarding these General Terms and 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 Terms and 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 ACV shall be addressed to the address of ACV indicated in Condition One and shall be made in writing and by means of a system that allows ACV to accredit the content and receipt of the corresponding communication.
10. Completeness of the General Conditions
These General Terms and Conditions, the Privacy Policy and the Legal Notice constitute the express and sole will of ACV and the User in relation to their subject matter and supersede and replace any other agreements or contracts, verbal or in writing, previously reached by the parties.
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.
