Terms & Conditions (T&Cs)from Delicias del Sol SLU
Updated: June 2018
These T&Cs are based on a template from HärtingRechtsanwälte, www.haerting.de, Chausseestrasse 13, D-10115 Berlin
- 1 Scope and Service Provider
- These T&Cs apply to all orders you make at the online store of Delicias del Sol SLU.
- The product range in our online shop is aimed exclusively at buyers who have reached the age of 18 years.
- Our deliveries, services and offers are made exclusively on the basis of these T&Cs. The T&Cs apply to companies thus also for all future business relationships, even if they are not explicitly agreed again. The inclusion of T&Cs of a customer who contradict our T&Cs, is already contradicted.
- Contract Language is German, English, Spanish or French.
- We expressly point out that we are a Spanish SLU (similar to a German GmbH) and therefore subject primarily to Spanish law.
- 2 Conclusion of contract
- The presentation of goods in the online shop does not constitute a binding request for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
- By clicking on the button “order now liable for payment” you are making a binding purchase offer.
- After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the acknowledgment of receipt yet.
- A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we ship the goods to you without prior express acceptance.
- Orders are only possible in household customary quantities.
- 3 Prices
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs.
- 4 Terms of payment
- Payment can be made either in advance (bank transfer), credit card or PayPal.
- If you select the payment method in advance we will give you our bank details in the order confirmation. The goods will be shipped after receipt of payment.
- When selecting the payment method credit card or PayPal, the goods will be shipped after receipt of payment.
- 5 Set-off
You are only entitled to set-off if your counterclaim has been legally established, is not disputed or recognized by us, or is reciprocal with our claim.
- 6 Delivery
- Unless otherwise agreed, the delivery of goods will be from our warehouse to the address specified by you.
- The delivery of ordered goods is subject to the availability of the goods. If this is not available at the time of ordering, the customer will receive a notification of the expected delivery date and the order will be marked by us. As soon as the goods are in stock, the goods are shipped to the customer without any further notification being sent to the customer. In the case of unavailability, in particular because a limited stock of goods marked as such is exhausted, the customer will be informed by us. Already made payments will be refunded immediately.
- In the case of delivery of spirits and tobacco products or other articles which are subject to statutory sales restrictions, the goods are only handed over to recipients who fulfil the legal requirements and only after presentation of the identity card.
- 7 Retention of title
The goods remain our property until full payment of the purchase price.
- 8 Instruction about revocation
In the event that you are a consumer, ie make the purchase for purposes that can be attributed predominantly neither for commercial nor independent professional activity, you have a right of withdrawal in accordance with the following provisions
Right for withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.To exercise your right of withdrawal, you must contact us, Delicias del Sol SLU, Paseo de la Libertad 65, ES-38689 Chio, Tenerife, Spain, Email email@example.com by means of a clear statement (eg a letter or email sent by post) and inform about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this agreement, we have to refund immediately all payments that we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the standard delivery offered by us) at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocation instruction
- The right of withdrawal does not apply to delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is authoritative or which are clearly tailored to the personalneeds of the consumer, for delivery of goods that can quickly spoil or whose expiry date would quickly be exceeded, in the case of delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal was removed after delivery, on delivery of goods, if these are inseparable after delivery due to their nature mixed with other goods or in the case of delivery of alcoholic beverages whose price was agreed upon conclusion of the contract, but which can be delivered 30 days after the conclusion of the contract at the earliest and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.
- Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit to avoid claims for damages due to defective packaging.
- Please call us at +34 922 85 13 85 before returning the product to announce the return. In this way, you enable us to assign the products as quickly as possible.
- Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
- 9 Transport damages
- If goods are delivered with obvious transport damages, please complain about such errors immediately to the deliverer and please contact us as soon as possible.
- Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
- 10 Warranty
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right
- 11 Liability
- We are liable for intent and gross negligence as well as in accordance with the product liability law.
- In addition, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely on (cardinal obligation). The liability for slight negligence is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
- 12 Final provisions
- Should one or more provisions of these T&Cs be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
- For contracts between us and us, only Spanish law is applicable.
- Jurisdiction is Santa Cruz de Tenerife, Spain
SAMPLE WITHDRAWAL FORM
If you want to cancel the contract, please fill out this form and send it back.
Delicias del Sol SLU
Paseo de la Libertad 65