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Terms of sale

INTRODUCTION

We invite you to review the general conditions of sale that regulate the offer and sale of products through the online shop included in this website.
This document contains the Terms and Conditions governing the use of this website hosted under the domain www.vivavins.com.

 

These Conditions establish the rights and obligations of all users (hereinafter "you"/"your") and those of VIVAVINS (hereinafter "we", "us" and "our") in relation to browsing through the website, the acquisition of User status, the rights and obligations associated with such status, as well as commercial transactions and the use of the services contained therein. 


By using this website you are bound by these Terms and Conditions, Privacy Policy and Legal Notice, so we recommend that you read these Terms and Conditions carefully. If you do not agree with them you should leave the website.
These Conditions may be modified at any time, so you should read them before placing each order.
All products offered on www.vivavins.com are sold directly by Yolanda Ballester Navarro with registered office at Plaza Mayor, 2 - 46500 Sagunto, Valencia, Spain, and with NIF number 24356526D.
CONTACT: If you have any doubts, queries or suggestions, you can send us your comments through our contact form at
our contact form at info@vivavins.com 

 

OWNERSHIP OF THE WEBSITE

All intellectual and industrial property rights of the website domain and its contents belong to VIVAVINS, and therefore no user is authorised to make use of them, print them or store them on any physical medium for any purpose other than their personal and private use.  The modification, decompilation or commercial use of any part of the same is therefore prohibited.

The use of the contents of the web domain is only authorised for information and service purposes, provided that the source is cited or referred to, the user being solely responsible for any misuse of the same.

Access to this website does not grant users any right or ownership whatsoever over the intellectual or industrial property rights or the contents it contains. Users accessing this website may not copy, modify, distribute, transmit, reproduce, publish, transfer or sell the aforementioned elements or create new products or services derived from the information obtained without the express written authorisation of VIVAVINS.

The alteration of the content or structure of this website by the user is strictly prohibited.

VIVAVINS reserves the right to take appropriate legal action against users who violate or infringe intellectual and/or industrial property rights.

The information appearing on the website is current as of the date of its last update. The company reserves the right to modify the contents of the web domain without prior notice and may limit or deny access to this website.

 

LINKS TO CONTENT

VIVAVINS reserves the right to block electronic links to the website that do not have express prior authorisation.

In the event that the website contains links to content owned by third parties, VIVAVINS accepts no liability whatsoever for the information contained on third-party websites or for the information contained therein.

VIVAVINS shall remove any link as soon as it becomes aware, by any means, of the unlawfulness of its content or of the fact that the contents of such links infringe the property or rights of a third party.

TERMS AND CONDITIONS OF USE

These terms and conditions are designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a company.

They regulate the offer, acceptance of purchase and delivery of VIVAVINS products between you and us.

VIVAVINS offers the products exclusively to end users for the purpose of purchasing goods without the intention of resale.

The term "end user" is understood to mean any natural or legal person who acts within www.vivavins.com for purposes other than those that are specific to their normal commercial, business or professional activities.

VIVAVINS reserves the right not to respond to orders placed by parties other than end users. Only end users who have registered on the website in accordance with the provisions of these General Terms and Conditions may purchase goods and services marketed through the website.

REQUIREMENTS FOR REGISTERED USER STATUS

Acquiring the status of registered user allows you to browse through the restricted access areas that appear on the website, use the services for which prior identification is required and purchase the products https://www.vivavins.com/ that may be offered through the website.

The condition of registered user may be acquired by persons of legal age and with full capacity to contract who subscribe to these General Conditions. The acquisition of the status of registered user implies the reading and express acceptance without reservation of the terms of these General Conditions, which he/she declares to have known prior to their acceptance, and they may be stored and reproduced by him/her. Registration as a user is an essential requirement for the contracting of services or the purchase of VIVAVINS products through its online shop.

The user name and password generated that will allow the user to identify themselves and use the service are strictly personal and confidential. The user shall be responsible for maintaining their confidentiality. Consequently, the user expressly accepts, unless there is proof to the contrary, that we will presume that the uses of the service made using their identification codes are made by the registered user, unless the user has previously reported the loss or theft of the same.

The password may be freely modified by the user, through the procedures we have established for this purpose. The replaced password will be cancelled as a means of identification at the same time as the new one is generated.

We may block access to and use of the website when we deem it necessary for security reasons. The Service will be automatically blocked in the event that three successive errors are made in the entry of user passwords for access or use.

We will adopt the necessary organisational and technical measures on our computer equipment to ensure that the Service is used properly by users and to prevent unauthorised access aimed at unauthorised disclosure of the content of the user's financial information accessible through the Service.

 

USER OBLIGATIONS

The user is obliged to:

- Communicate to VIVAVINS all the data necessary for access to and use of the services requiring prior identification, which must be truthful, current and accurate. The user is obliged to provide true and correct personal data (name, surname, postal address, e-mail address and other contact details) and agrees that we may use this information to contact you if necessary. If you do not provide us with all the information, we will not be able to process your order. Otherwise, VIVAVINS shall not be liable in any case for possible delays or failures in delivery as a result of the error or omission of this information.

- The user may not place any fraudulent, false or speculative order. VIVAVINS reserves the right to cancel the order and/or inform the relevant authorities if it has reasonable grounds to consider it as such.

- By placing an order on this website, you warrant to us that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.

- To adopt the necessary security measures, both personal and material, to maintain the confidentiality of your user name and password, as well as to notify VIVAVINS immediately of the loss, misplacement, theft, robbery or illegitimate access to your user name, as well as its knowledge by third parties.

- To make appropriate use of the Services included on the website, always in accordance with the law.

- Not to carry out any activity that hinders or interferes with the functioning of the Services included in the website.

- To pay for the VIVAVINS products that you have purchased through the website and for the delivery and collection costs, if any.

 

NOTIFICATIONS

Some of the information or communications we send you will be in writing, as required by applicable law, so by using this website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. Accordingly, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition does not affect your statutory rights. We may send communications to you either by e-mail or to the postal address provided by you when placing an order. Notices will be deemed to have been received and properly given as soon as they are posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

COVERAGE OF THE OFFER

The VIVAVINS products offered are distributed exclusively within mainland Spain (we do not deliver to the Canary Islands, Ceuta, Melilla and the Balearic Islands).

Any order with a delivery address located outside this territory will be rejected during the processing process.

 

CONTRACT WITH VIVAVINS AND ACCEPTANCE OF ORDERS

Until your order is accepted by us (even if it has already been charged to your account) no contract exists between you and us. If your order is not accepted and we have already charged you, the amount will be refunded to you in full.

After clicking "buy" you will receive an email as acknowledgement of receipt. This does not imply that the order has been accepted, as it is itself an offer from you to make a purchase. Orders are subject to verification and acceptance by us. We will confirm acceptance by sending you an email informing you that the order is being shipped (Shipping Confirmation). Only at this point will the Contract between you and us be formalised.

Only the VIVAVINS products listed in the Shipping Confirmation will be the subject of the contract. We shall not be obliged to supply you with any other products that may have been ordered until we confirm the shipment of the same in a separate Dispatch Confirmation.

VIVAVINS may refrain from placing orders which do not present sufficient guarantees of solvency, or which prove to be incomplete or incorrect or in the event that the VIVAVINS products are not available, without liability to you or to third parties. In any case, we undertake to inform you and, if we have already charged you for the amount of the order, we will reimburse you the amount you have paid in advance.

WITHDRAWAL FROM THE CONTRACT

You may withdraw from the contract within 14 (fourteen) calendar days from the date of receipt of the order for food products, except for perishable goods and other goods which by their nature are likely to deteriorate or expire rapidly. You will be reimbursed for such products in accordance with our Returns Policy. 

The right of withdrawal shall apply provided that the products are returned in the same condition in which you received them, together with their complete original packaging, labels and together with any related accessories.

Exceptions to this right of withdrawal are perishable goods and goods which by their nature are likely to deteriorate or expire rapidly.

We will determine whether the products are in the same condition in which they were sent to you. Products that have been returned damaged, incomplete, deteriorated, used or soiled due to the customer's fault will not be reimbursed and will be returned to the sender and sent back to us carriage paid.

To exercise your right of withdrawal we invite you to follow our Returns Policy.

 

AVAILABILITY OF PRODUCTS

You agree that the products offered by Vivavins in its online shop are subject to stock availability. All orders for VIVAVINS products are subject to availability. If any product is not available once the order has been placed, we will inform you as soon as possible. You will then be able to modify or cancel your order.

Vivavins reserves the right to modify the products offered on the website at any time without prior notice.

PURCHASING PROCEDURE

The following procedure has been established for purchases through the website https://www.vivavins.com/

The user must access the online shop hosted on the website https://www.vivavins.com/ where the products that can be purchased through the aforementioned channel are listed with the following information:

a) Description of the product, characteristics and units of measurement.
b) Price per unit of measurement and/or weight.
c) Shipping costs.
d) Conditions of validity of the offer, if applicable.

Once the VIVAVINS product or products have been chosen, the user must add them to the basket included on the website, indicating the units they wish to purchase. Once the chosen products have been added to the shopping basket, the user may access the summary of the purchase, which must be accepted by clicking on the Finalise purchase option, where the following information is detailed:

a) Image
b) Description.
c) Save in my shopping list.

d) Quantity.
e) Price per unit of measurement.
f) Total price of each of the products purchased.
g) Total price of the purchase.
h) Shipping costs, gift and return policy.

If the user has a promotional code, it must be included at that time to benefit from the conditions that apply to it, if you wish you can choose the option to send the order as a gift and write a card with a message. 

The user must then provide their details, in the case of a registered user, they must provide the user name and password assigned to it. If the user has not registered before, he/she must create an account on the website.

Once the user has entered their details, they will be taken to Shipping Details, where they can review their shipping and billing details, modify them and request an invoice; and indicate a note for the carrier.

The user will then access Order Confirmation, where he/she will see the shipping and billing addresses, the method of payment, accept the general terms and conditions of sale and proceed to their acceptance by clicking on the "Next" button.

If you choose to pay by credit/debit card or PayPal, you will be redirected to the payment gateway. 

Once the User has proceeded to Confirmation, an e-mail will be sent to the User confirming that we have received your order and informing you of the details corresponding to the purchase order placed. We will also proceed to analyse the purchase order to determine whether it meets all the requirements for processing. Once the check has been carried out, we will send you an e-mail confirming the order and its dispatch or the rejection of the order.

SHIPPING

Peninsular Spain

The transport of VIVAVINS products will be carried out by the company TIPSA, which will provide a door-to-door service, usually within 3 to 5 working days from our shipping confirmation. However, in extreme cases, there may be incidents in the transport, assuring you that the maximum period will never exceed 7 working days from the shipping confirmation, or we will refund the full amount of your order.

The shipping cost will be:

 

For shipments up to 5 Kgs. of 4,80 € for standard shipments from 3 to 5 working days.

For shipments up to 10 Kgs. 6,00 € for standard shipments from 3 to 5 working days.

For shipments up to 15 Kgs. from 8,20 € for standard shipments from 3 to 5 working days.

For shipments over 15 Kgs. from 10,40 € for standard shipments from 3 to 5 working days.

 

There is also the possibility of COLLECT IN STORE which will have NO cost for you.

Once the order leaves our warehouse, you will be sent an e-mail notifying you that your order has been accepted and is being shipped.

Orders will be shipped to the delivery address you have given us on your form, so it is important that you pay attention when filling in the delivery address details. We will not be held responsible in case the delivery address is incorrect or incomplete. 

You will be able to track the status of your order through the "My Account" area of our website.

For security reasons, VIVAVINS will not send any orders to PO boxes or military bases, nor will it accept any orders where it is not possible to identify the recipient of the order and their address.

If you choose PayPal as your payment method, once the order has been placed, you are not permitted to make any changes to the delivery address.

 

To resolve any doubts about the transport and delivery process, you can contact Tipsa's information telephone number 902 10 10 47 (indicating the tracking number or directly through our contact form at info@vivavins.com

DELIVERY PROBLEMS 

You must notify Vivavins in the event of non-receipt of orders for more than 7 working days.

If it is impossible for us to deliver, the courier company will contact you again to arrange a new delivery date.

When your order is delivered to you, you should check that everything conforms to your order. If there is any discrepancy or problem with the order, you should contact Vivavins through info@vivavins.com leaving us your personal details and order number reflecting the discrepancy or problem and we will contact you as soon as possible to solve the incident.

TRANSFER OF RISK AND OWNERSHIP

The user acquires ownership of VIVAVINS products as soon as he/she receives confirmation of dispatch and the product leaves our warehouses. Responsibility for Vivavins products shall be transferred to the user at the time of delivery of the order placed.

 

 

CURRENCY, TAXES AND METHOD OF PAYMENT

The prices on our website are shown in euros and include VAT.

In accordance with current legislation, all purchases made from our website are subject to Value Added Tax (VAT).

According to Spanish regulations, we are obliged to issue an invoice for orders over 3.000 € (VAT included).

Shipping costs will be added to the purchase summary before payment is made.

VIVAVINS reserves the right to modify the prices shown on the site without prior notice.

The price of the products shall be that which is stipulated at any given time on our website, except in the event of a manifest error. Whilst we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and any monies paid will be refunded in full.

We shall not be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as the incorrect price.

The rights recognised by the legislation in force shall remain unaffected.

VIVAVINS accepts payment by credit or debit card (Visa, Visa Electron, Mastercard and Maestro).

To protect the security of payment by credit or debit card, we use secure payment systems. Confidential payment data is transmitted directly and encrypted (SSL) to the financial institution. When making the payment through a secure payment gateway, the system will automatically verify that the credit card is activated for secure e-commerce. It will then connect with the issuing bank, which will request authentication and authorisation of the transaction.

 

RETURNS POLICY

To return a food product you have 14 calendar days from the receipt of the order, being not possible to return perishable goods and those others that by their nature may deteriorate or expire quickly. 

The products must be returned in the same condition in which you received them, together with their complete original packaging, labels and any related accessories. The customer will be responsible for proving that the items have been returned so we recommend that you always send your returns by a system that certifies delivery for your security.

Exchanges or returns of perishable items are not permitted.

You will be responsible for the cost of returning the product and under no circumstances will we accept returns sent freight collect.

If your return does not comply with the stipulated terms, you will not be entitled to any refund and we will send the VIVAVINS products to you freight collect.

If the recipient of the Vivavins products is different from the person who made the payment, the refund will be made to the person who made the payment.

Returned VIVAVINS products must be sent in a single delivery. We reserve the right not to accept VIVAVINS products belonging to a single order, returned and delivered at different times. Once we have checked that the VIVAVINS products you return to us meet all the specifications of the Returns Policy, we will send you an e-mail informing you that the return has been accepted. Regardless of the payment system used by you, the refund will be processed as soon as possible, but always within 15 days of receipt of the returned product in our warehouses.

To make a return, you must send the VIVAVINS products together with a copy of the Order to the following address:

VIVAVINS
Plaza Mayor, 2 
46500 Sagunto
Valencia

RETURNS OF DEFECTIVE PRODUCTS

If you receive an erroneous order or defective product, please contact us immediately, within 24 hours, via info@vivavins.com indicating the error or defect along with your personal details.

In the event of problems with the packaging, you must inform the courier company at the time of receipt of the order, indicating this on the delivery note or on the electronic tablet of the delivery person.

We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether the product is to be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and in any event within 30 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item.

The amounts paid for products that are returned to us because of a defect, where such a defect exists, will be refunded to you in full, including the delivery costs incurred in delivering the item to you and the costs incurred by you in returning the item to us. The refund will be made in the same way that was used to pay for the purchase.

The rights recognised by the legislation in force remain unaffected.

 

GIFT OPTION

We offer you the possibility to send gifts through our website. You make the purchase from your computer as usual, select the shipping address to which we send the gift and check the option for gifts. You will be able to write a personalised message to the recipient. Each "Gift Option" must be associated with a unique order and shipping address.

In the event that you provide personal data of third parties, you guarantee that you have the necessary authorisations for their processing. You are also obliged to inform these third parties of the terms and conditions of the processing of their data.

If you have received a gift item, in order to make an exchange or return you will have to follow the usual procedure of our Returns Policy. The amount of the refund will be reimbursed to the person who made the purchase and in the same form of payment used.

GUARANTEES AND PRODUCT INFORMATION

The products presented on our website are a careful selection from our collection. We have taken special care to show the characteristics of our products with great precision. 

LIABILITY AND DISCLAIMER OF LIABILITY

Nothing in these conditions of purchase excludes or limits our liability for (1) death or personal injury caused by our negligence, (2) fraudulent misrepresentation, (3) any other liability which cannot be limited or excluded by applicable law.

Subject to the above paragraph and to the extent permitted by law, we will not be liable for economic loss (including loss of income, data, profits, contracts, business or anticipated savings) or loss of goodwill or reputation or loss of special or consequential loss or damage suffered or incurred by you arising out of or in connection with these Terms.

Nothing in this paragraph affects your statutory rights as a consumer or your right to withdraw from the contract.

EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performing any of our obligations under a Contract which is caused by events beyond our reasonable control ("Force Majeure Event").

Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of other governments.

Our obligation to perform under any Contract shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations under the Contract despite the Force Majeure Event.

POLÍTICA DE DEVOLUCIONES
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