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General conditions
These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern, together with the Privacy Policy and the Cookies Policy, the access and use of the website www.dismavimallorca.com as well as the contracting products and / or services through it. Simple access to the Portal gives the person who performs it the condition of Portal User (hereinafter, “the“ User ”) and implies acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Portal without using it.
By accepting these General Conditions, the User states:
•That you have read and understood what is stated here.
•That he is of legal age in accordance with the regulations in force in his place of residence, otherwise the minor must have the authorization of his legal representatives.
•That, in the event that it is arranged to contract a product and / or service, it has sufficient capacity to do so.
•That it assumes all the obligations set forth herein.
The User must carefully read these General Conditions each time they access the Portal, since it and these General Conditions may be modified.
The owner of the Portal reserves the right to carry out, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of how many elements make up the design and configuration of the Portal.
The modification of these General Conditions will not affect the goods or promotions that had been acquired prior to said modification.
In the event that DISMAVI entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties recognize as the only valid version of said conditions at all times that which appears in the database of the trusted third party.
1. General information of the Portal
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce, the general information of the Portal is provided below:
Owner: dismavi2000, S.L. (hereinafter "DISMAVI").
Registered office: Ronda Institut, 17 - 07500 MANACOR (Mallorca).
C.I.F .: B07931504
E-mail: web@dismavimallorca.com
Telephone: 971 55 26 40
2. Conditions of Use
2.1. Portal access
Simple access to the Portal is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
2.2. Need for Registration
The use of certain services and content may be subject to the User's prior registration.
The data entered by the User must be exact, current and truthful. The registered User will be responsible at all times for the custody of his password, assuming consequently any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of it. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered User will be deemed to have been made by said Registered User, who will be responsible in all cases for said access and use.
2.3. Rules of use of the Portal
The User agrees to use the Portal and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions. Likewise, it is obliged to make proper use of the services and / or contents of the Portal and not to use them to carry out illegal activities or constitute a crime, that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property, or any other rules of the applicable legal system.
The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User agrees to:
I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defense of terrorism or that violate human rights.
II.- Not to introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
V.- Not transmit unsolicited or authorized advertising, publicity material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Not to impersonate other Users using their registration keys to the different services and / or contents of the Portal.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portal or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on personal data.
The User undertakes to hold DISMAVI harmless from any possible claim, fine, penalty or sanction that it may be forced to bear as a result of the User's breach of any of the aforementioned rules of use, and DISMAVI also reserves the right to request compensation for damages that corresponds.
On occasions, DISMAVI will provide the User through its communications, such as periodic newsletters, a link that will allow them to access their personal account. Said access will be carried out through a unique and private address, so that the User will not need to enter their access codes to the Portal. Consequently, the User must treat DISMAVI communications confidentially and refrain from forwarding them to third parties, in order to avoid unauthorized access to the private information of their account.
2.4. Liability exclusion
User access to the Portal does not imply for DISMAVI the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
DISMAVI is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered on the Portal.
DISMAVI is not responsible for damages or losses of any kind caused to the User that cause failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.
2.5. Contents and services linked through the Portal
The Portal access service may include technical link devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, "Linked Sites"). In these cases, DISMAVI will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he / she may notify DISMAVI, without in any case this communication entailing the obligation to remove the corresponding link.
In no case, the existence of Linked Sites should presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of DISMAVI with the statements, content or services provided.
DISMAVI does not know the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to DISMAVI.
2.6. Intellectual and industrial property
All the contents of the Portal, understood by them, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are intellectual property DISMAVI or third parties, without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to be assigned to the User.
Trademarks, trade names or distinctive signs are owned by DISMAVI or third parties, without it being understood that access to the Portal attributes any right over them.
In any case, the User knows and accepts that the ratings and comments made on the products available through the Portal may be accessible to the rest of the Users of the Portal, including the identity of their author.
Regarding all the comments freely hosted by the User on the Portal, whether or not they include an opinion or description of the products offered (hereinafter, "the Contents"), the User grants DISMAVI a non-exclusive, worldwide use license, free of charge. and with the maximum duration legally established. On the basis of mentioned license, DISMAVI may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of being able to provide the services offered by DISMAVI and advertise its products and services.
3. Contract Conditions
3.1. User registration
The use of the services provided by DISMAVI implies the need to register the User on the Portal.
The User must proceed to register by indicating their full name, email address and being able to indicate the email of a sponsoring User. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that they have access to it.
In any case, the User will be required to accept these General Conditions, as well as the Privacy Policy and the Cookies Policy.
Once the User is correctly registered on the website, they can access "My Account" at any time. Through "My Account" the User can modify their personal data, as well as the data related to the sending of orders, check if they have orders pending delivery.
3.2. Delivery conditions
The purchase of products on the Portal is subject to the payment of shipping costs, at the buyer's expense.
The shipping costs will depend on the destination and the number of products purchased according to the indicative table set out below. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review these costs before finalizing their purchase. DISMAVI cannot be held responsible for the delay in the delivery of orders for reasons not directly attributable to DISMAVI, acts of God or force majeure.
The delivery of the orders will be made at the delivery address freely designated by the User. DISMAVI will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot be made for reasons beyond DISMAVI's control. such as the absence of the recipient at the delivery address.
In the absence of the recipient and whenever possible, a pass note will be left with the necessary information to agree on a new delivery at the recipient's address or the necessary instructions for the recipient to pick up the product at a certain place.
3.3. Selection of products by the User
Any registered User may contract the purchase of products through the Portal.
The purchase process in DISMAVI is based on a virtual basket, to which the User can add the products that he wishes to purchase.
To add products to the shopping cart, once the User is on the product description page and has selected the available customization options, they must select the "Add to cart" option provided.
The User can access and modify the content of the basket at any time.
3.4. Order processing
Once the products you wish to purchase are in the shopping cart, the User may start the order processing by selecting the option "See basket", an option that will show the User the content of the virtual basket, allowing the modification of the selected products and their removal from the shopping cart.
The User must ensure that the products indicated on the screen are the ones they wish to purchase and select the one corresponding to the shipping address from the listed geographical areas. At this point the total price of the selected products and the shipping costs generated are shown. Also in this section, the User may view, where appropriate, the promotions automatically applied to their order, use the promotional codes and / or gift vouchers available to them.
The User must indicate the shipping data; To continue with the contracting process, the User must fill in the shipping information, including their full name, telephone number and address, filling in all the fields marked as mandatory. In this section, the User may include the useful information that he considers necessary for the messenger, although DISMAVI cannot guarantee compliance.
In the next phase of the purchase process, the User must select the payment method. At this time, the User is indicated again the exact amount to pay, resulting from adding the price of the products and shipping costs, net of any promotional discount and / or gift voucher.
Following the link "PLACE THE ORDER", the User will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an email to the User confirming the operation.
3.5. Product price
The prices of the products are those indicated in the description that is attached to them. All prices indicated in the product description are expressed in Euro (€) and include Value Added Tax (I.V.A.).
3.6. Payment method
The purchase of products through the DISMAVI Gateway allows the following forms of payment:
- Payment by debit or credit card (VISA and MASTERCARD) through a virtual POS.
- Pay by Paypal.
To use the credit card through a virtual POS, the buyer must fill out a form indicating the name of the owner of the card, type of card, expiration date of the card and security code.
DISMAVI does not have access to the bank data linked to the means of payment and does not know or record these data during the payment operation.
3.7. Confirmation of receipt of acceptance
Once the purchase process is completed, the User will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, contract date, order number and date of delivery. Likewise, a permanent link to these contracting conditions will be sent to the email address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to DISMAVI or to any third party designated for registration and version control, if applicable.
3.8. Right of withdrawal.
In any case, the buyer will have a period of fourteen (14) calendar days after receiving the Product to exercise their right of withdrawal without having to justify reasons or have any sanction.
In accordance with article 102.d) of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, not being applicable the supply of goods that may deteriorate or expire quickly, so the right of withdrawal may not be exercised on bottles that have been opened, for example, due to the rapid deterioration of the content in such cases.
The buyer must state their intention to withdraw within the indicated period and must proceed to return the product. Likewise, the User may send an email to the address web@dismavimallorca.com including his name and address, as well as the number of his order. He may also contact you by phone in order to expedite the process of returning the corresponding amounts.
DISMAVI will reimburse the sums paid by the User without withholding expenses. However, the cost of returning the product will be borne by the User.
Upon receipt of the products on which the withdrawal falls and their correct status verified, DISMAVI will return the amounts paid to the User within a maximum period of 10 calendar days. Products that do not keep their original packaging may suffer a depreciation.
4. The Subscription ("The Wine Club")
The Subscription service called "Wine Club" consists of home delivery, each month, of a selection of bottles of wine pre-selected by DISMAVI.
The shipping costs derived from this subscription will vary depending on the country of destination and the number of bottles in the selection.
4.1. Register as a Subscriber
To register for the Subscription service and become a "Subscriber", the User must have previously registered on the Portal and have paid the initial Fee for the service. The initial fee corresponds to the payment of the first box. It is done from the "Wine Club" section, adding the first box to the shopping cart and then successfully completing the corresponding payment, entering the data of your bank card (card number, date of payment) on the page of our virtual POS expiration date and security number).
By registering as a Subscriber, the User authorizes DISMAVI to collect monthly the successive Subscription Fees on the same bank card.
4.2. Subscription Cancellation
The Subscriber can cancel his subscription at any time from his personal space "My account" or by contacting directly our Customer Service.
Cancellations requested before the 15th of the month will be effective in the current month, and the box for that month will not be sent. Cancellations requested from the 15th of the month will be effective as of the following month and the Subscriber agrees to receive the box for the current month, as well as the corresponding payment.
DISMAVI reserves the right to cancel a User's Subscription at any time, notifying the User by email.
4.3. Monthly purchases and payments
Each month, DISMAVI will send Subscribers a newsletter introducing the box of the month.
As of day 5, unless otherwise indicated by the Subscriber, DISMAVI will proceed to collect the monthly Fee and subsequently send the box for the month.
The monthly installment payments will be made on the bank card indicated by the Subscriber at the time of subscription through the purchase process of our payment provider CaixaBank. The bank card data will be stored in the CaixaBank secure payment platform and will not be stored at any time by DISMAVI.
5. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present General Conditions subsisting in everything else, considering such provision totally or partially as not included.
6. Applicable legislation and competent jurisdiction
In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an extrajudicial resolution of disputes in consumer matters accessible through the Internet address https://ec.europa.eu / consumers / odr /.
These General Conditions will be governed and interpreted in accordance with Spanish legislation. DISMAVI and the User agree to submit any controversy that may arise from the provision of the products or services object of these General Conditions, to the Courts and Tribunals corresponding to the User's domicile.