This contractual document will govern the General Conditions for contracting products (hereinafter, «Conditions») through the website vidbertus.com, owned by ALBERT ROVIRA SANCHEZ under the trademark VIDBERTUS, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by ALBERT ROVIRA SANCHEZ. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. [NomERF]] will file the electronic document where the purchase is formalized and will keep it at the USER’s disposal in case he/she requests it.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is ALBERT ROVIRA SANCHEZ, with registered office at Carrer Anselm Clave, 3 – 43440 L’Espluga de Francoli (Tarragona), tax identification number 39704089V and customer service telephone number 626330511.
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific product, in exchange for a certain price which is publicly displayed on the website.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify firstname.lastname@example.org so that ALBERT ROVIRA SANCHEZ can correct them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account.
The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
- General contracting clauses.
- Shipping and delivery of orders.
- Right of withdrawal.
- Online claims and dispute resolution.
- Force majeure.
- General information of the offer.
- Price and period of validity of the offer.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Suspension or termination of the contract.
- Guarantees and refunds.
- Applicable law and jurisdiction.
GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has been verified that payment has been made.
Shipments of goods will usually be made by MRW parcel company or own transport of the CELLER VIDBERTUS in the province of Tarragona and international ones through the company Mail Boxes.
The shipment will be made once the availability of the merchandise has been confirmed and the payment of the order has been verified.
The delivery time will vary depending on the weight and will be between 2 and 7 working days, depending on the destination population and the payment method chosen. This period is understood, provided that the availability of the goods has been confirmed and the full payment of the order has been verified.
Failure to carry out the remote contract
The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.
It is the USER’s responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.
RIGHT OF WITHDRAWAL
Withdrawal form: https://vidbertus.com/form-application-withdrawal-form.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise shall end twelve months after the date of expiration of the initial withdrawal period, in accordance with the article 105 of RDL 1/2007.
The PROVIDER must be informed of any return, with the request for a return number through the form provided for this purpose, or by emailing email@example.com, indicating the corresponding invoice number or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost
to the USER, previously informing the USER of this through the same communication channel used.
Once the USER has received the return number, they will send the product, indicating this number in the delivery note, covering the shipping costs themselves, to the PROVIDER at ALBERT ROVIRA SANCHEZ, Carrer Anselm Clave, 3 – 43440 L’Espluga de Francoli (Tarragona)
ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Postal address: ALBERT ROVIRA SANCHEZ
Carrer Anselm Clave, 3 – 43440 L’Espluga de Francoli (Tarragona)
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of ALBERT ROVIRA SANCHEZ or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, wrapping, shipping insurance or any other additional service and annexed to the product purchased.
The prices applied to each product are those that are published on the website and are expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order is not placed.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered user or the business name that he has informed at the time of placing the order. This invoice, if requested, will be sent in paper format along with the purchased product. You can download the invoice in PDF format by accessing the management panel of the website with the user account. If you want to receive it by email, you must request by any of the means that the PROVIDER puts at your disposal, informing you that at any time you can revoke this decision.
For any information about the order, the USER can contact through the customer service telephone number of the PROVIDER +34626330511 or through the email to the address firstname.lastname@example.org.
The prices published in the store do not include shipping or communication costs, installation or download, or complementary services, unless expressly agreed in writing to the contrary.
The ports will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
CELLER VIDBERTUS ships to any point in The Spanish territory (including the Canary Islands, Ceuta and Melilla).
Free shipping from 50 € is for deliveries anywhere on the Peninsula. The Canary Islands, Balearic Islands, Ceuta and Melilla are excluded.
PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:
- Credit card
- Pay Pal
- Bank Transfer
The USER may use a discount coupon prior to the completion of the purchase if they have received it from the PROVIDER.
The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction which is considered illegal by the credit card brands or the acquiring bank and which may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
Any product from our catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:
- Select a minimum of 6 products.
- Add ticket code (if available).
- Give BUTTON FINISH PURCHASE
- Add or check shipping and billing information.
- Selection of the payment method.
- PLACE THE ORDER (BUY)
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Orders (purchase requests)
In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the date of shipment and / or approximate delivery.
SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.
Whenever the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
GUARANTEES AND REFUNDS
The guarantees will respond to the provisions of the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by clicking here
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.