Terms and Conditions
- Preliminary information
These Terms and Conditions of Sale shall govern the sale and purchase of the Products that “ENVASADOS EVA, S.A.” (hereinafter, the “ENVASADOS EVA”) markets through its Website “https://www.evasa.com/” (hereinafter, the “Website”).
The particulars of the ENVASADOS EVA are set out hereinbelow:
- Company name: “ENVASADOS EVA, S.A.”
- Registered office: Albisu s/n Polígono Industrial 18 (Industrial Estate) 31870, Lecumberri (Navarre) Spain
- V.A.T. No.: A-31509748
- Registration particulars at the Official Register: Companies Register of Navarre, Volume 155, Sheet 66, Page No. 4,096.
Contact email: firstname.lastname@example.org
- Acceptance of the Terms and Conditions of Sale and access to the Website
By using the Services of the Website, the user accepts these Terms and Conditions of Sale, which define the rights and obligations of the Website and of the users. These are the only Terms and Conditions of Sale applicable to the use of the Website (without prejudice to the fact that, for certain specific Services, particular terms and conditions may be established) and applicable to the contracting of orders via the Website and these Terms and Conditions of Sale replace any other terms and conditions that maybe existed previously.
For access to the Website it shall not be necessary for the User to register, however the User will have to expressly state that he or she is of full legal age, and accordingly must state his or her date of birth. However, in order to purchase any of the Products offered by the ENVASADOS EVA, a number of requirements shall be required, including the registration of the Users and the verification and acceptance of the ENVASADOS EVA, in particular in relation to the legal age of the User, in accordance with these Terms and Conditions of Sale prior to the formalisation of the corresponding order.
This Website has been developed by the ENVASADOS EVA for the purpose of offering Users a commercial information and sale service, both for wholesale as well as retail transactions, of products within the ambit of alcoholic and non-alcoholic beverages, mainly siders, sparkling wines or vinegars (hereinafter, the “Products”).
When selecting the Products of the ENVASADOS EVA, the User must choose the specific article(s) that best suit his or her needs and preferences. The purpose of these general terms and conditions is to govern the sale of these Products to Users.
- Creation of an Account
The Website provides Users with the option of creating an account through which to carry out the purchase of the selected Products.
In this regard, the creation of an account by the User shall be carried out through an online form that must be completed and filled in with the necessary information and particulars.
At the time of registration, the Users must accurately, precisely and fully state their up to date personal particulars, as requested within the registration section of the Website. Among other aspects, the user must state in the registration form his or her contact details: name and surname(s), National Identification Document number, name of the company and V.A.T. No. in the case of companies, the delivery address of the Product and the billing address (if different to the delivery address), telephone, email address, method of payment, etc.
In relation to the account that the user creates at the Website, it must be taken into account that the user shall be fully responsible for the management and use of said account.
As a result thereof, the user shall be responsible for the adequate safeguarding and confidentiality of the user name and/or password that provides access to the account, and hereby undertakes to not disclose the user name and/or password to any third parties, whether temporarily or permanently, or to permit the use thereof by any third parties.
By virtue of the foregoing, the user must immediately notify the ENVASADOS EVA via the email address email@example.com of any improper or incorrect use of the contact particulars thereof (user name and/or password, etc.), in the case of theft, loss or any unauthorised access thereto, so that the ENVASADOS EVA may cancel or block and/or temporarily freeze the account thereof as soon as the ENVASADOS EVA has been notified of the improper use of the user’s account.
Until such time as said notification has been received by the ENVASADOS EVA, the ENVASADOS EVA shall be released from any liability whatsoever in relation to any unauthorised or improper use of the user name and/or password by any unauthorised third parties.
- Use of the Website
The Users hereby undertake to lawfully, diligently, honestly and correctly use any of the information and content to which they have access through the Website and all of the foregoing pursuant to the principles of good faith and in accordance with applicable law and these Terms and Conditions.
The ENVASADOS EVA hereby reserves the right to de-register the Users that do not properly use their account, that carry out fraudulent acts or acts that prejudice or that may prejudice the ENVASADOS EVA.
The ENVASADOS EVA hereby reserves the right to not establish any account for a user when reasonable and justified reasons exist to believe that a user has breached these Terms and Conditions.
6.- Orders and terms and conditions of sale
The ENVASADOS EVA processes orders placed solely and exclusively in Spain and, in particular, shall deliver to addresses that are situated within mainland Spain, and accordingly the ENVASADOS EVA shall not carry out deliveries to the territories of Ceuta and Melilla, or the Canary Islands.
Taking into account the foregoing, the final price to be paid by the user for the Product(s) shall vary depending upon the shipping costs.
In this regard, and for the purposes of the online purchase, Users must complete the purchase form via the Website, after they have accessed their user account, in order to be able to formalise said purchase.
7.- Prices and methods of payment
All of the purchase prices of the Products, as well as all expenses that may be associated with said purchase, that shall be set out on the Website are expressed in Euros (and include V.A.T.).
In relation to the method of payment, the User may pay the amount that corresponds to his or her order by means of the methods of payment accepted via the Website.
For any of the payment options chosen by the user, the ENVASADOS EVA shall always send an email to the user to confirm the details of the purchase together with the invoice or corresponding payment receipt after the payment has been formalised, that is to say, after the acceptance of these Terms and Conditions of Sale and after the corresponding payment has been effected.
The ENVASADOS EVA hereby warrants to Users that the payment process is absolutely secure, in accordance with the pertinent and applicable security protocols and services.
The user may notify the ENVASADOS EVA of any improper or fraudulent charge in his or her bank card used for the purchases, by way of sending an email to the following email address firstname.lastname@example.org, as quickly as possible, so that the ENVASADOS EVA may carry out the necessary procedures in relation to said issue.
The final prices for the products and services marketed by the ENVASADOS EVA shall be specified, and shall clearly set out the cost of the products as well as the amounts that correspond to the shipping expenses.
Taking into account the foregoing, the shipping expenses shall depend upon the shipping modalities that exist for the selected delivery address, as well as the weight and size of the package(s), etc.
The shipping expenses shall be separately stated, and must be expressly accepted by the User before being able to complete the payment of the order through the “Checkout” button on the Website.
8.- Information regarding the Products and Services of the ENVASADOS EVA
The particulars and information included on the Website in the descriptions of the Products is included merely for informative purposes.
Accordingly, the ENVASADOS EVA rejects any liability whatsoever for any errors in relation to said information, although the ENVASADOS EVA undertakes to adopt all of the necessary measures within its control in order to correct, as quickly as possible, the aforementioned errors or omissions, after being informed thereof.
9.- Delivery periods, place of delivery and lost deliveries
9.1. Delivery of the Product
The ENVASADOS EVA hereby undertakes to deliver the Product in a perfect state of repair at the address that the user has stated. For the purposes of optimising the delivery of the Product(s), the user must state an address at which the order may be delivered within normal business hours.
However, the ENVASADOS EVA shall not be held liable for any errors caused during the delivery of the order when the address entered by the User in the order form is imprecise, inaccurate, false or has been omitted.
Without prejudice to the foregoing, the ENVASADOS EVA hereby undertakes to adopt all of the measures within its control so that the delivery of the orders may be carried out within the established period, and if not possible, then as quickly as possible, to the satisfaction of the recipient.
9.2. Delivery period and notification
The user shall receive the product that he or she has purchased via the Website within the period set out in the corresponding purchase window, by email or by way of any other type of message. The number of days stated refer to business days as from when the ENVASADOS EVA confirms the receipt of the order and when the order is effectively delivered.
Notwithstanding the foregoing, the Users are hereby informed that the delivery periods and dates set out on the Website at the time of the purchase and/or stated generically or though direct communications (email, telephone, etc.), shall constitute merely estimates.
The user must take into account that on certain dates and during certain periods of the year the delivery period of the orders (such as, for example, at Christmas, Black Friday, etc.) may be affected by the saturation of the transport services. Accordingly, users are recommended to reserve and/or purchase the articles of interest thereto a sufficient period of time beforehand so that they may reach their destination on the dates required by the User.
The ENVASADOS EVA hereby states that, through the predetermined shipping modalities as set out on the Website, deliveries shall not be carried out on Saturdays or Sundays or national or regional public holidays, or on the dates that coincide with local holidays that may affect the pertinent transport activities.
In the event that the User wants to receive the products purchased through the Website on different days/times than that which has been established, the user must directly notify the ENVASADOS EVA thereof at the email address email@example.com, and the ENVASADOS EVA shall reserve the right to accept or reject said request.
In this regard, the ENVASADOS EVA shall inform the User by email in relation to the decision regarding the confirmation or rejection of said order on different days/times than that which has been established in these Terms and Conditions of Sale.
In the event that the user is not able to be located at the delivery address, the courier service shall leave a notice that shall inform the user where the order is located and how to uplift the order. In the case that more than 30 days elapse as from the date on which the order is available to be delivered and the order has not been delivered by any reason not attributable to the ENVASADOS EVA, it shall be considered that the User wants to rescind the contract and accordingly the contract shall be deemed to be rescinded. As a result of the rescission of the contract, all of the payments received by the User shall be returned thereto, with the exception of the additional costs and expenses in relation to the selection by the User of a delivery modality other than the cheapest ordinary delivery modality provided for on the Website.
9.3. Verification upon delivery
The user must verify the adequate state of the package before the courier company that has delivered the requested Product, prior to signing the delivery slip.
If the user detects any anomaly in relation to the Product, the user must state any said anomaly on the delivery slip and must also notify the ENVASADOS EVA thereof by means of an email to the following email address: firstname.lastname@example.org
10.- Changes, returns and right of withdrawal
10.1. Returns as a result of manufacturing defects.
All of the Products offered via the Website shall be delivered in a perfect state or repair and manufacture.
In this regard, it shall be considered, unless proven otherwise, that the Products comply with the terms of the contract, provided that they comply with all of the requirements set out hereinbelow: a) They comply with the description provided by the ENVASADOS EVA and adhere to the quality requirements of the Product that the ENVASADOS EVA has presented to the user; b) They are apt for consumption. c) They comply with the standard quality and presentation requirements for a Product that the consumer and user may reasonably expect to receive, in light of the nature of the Product.
The user may return to the ENVASADOS EVA, without any cost whatsoever, any Product that has any manufacturing defect, provided that the product return has been approved by the ENVASADOS EVA and that the transport service for the product return has specifically been contracted by the ENVASADOS EVA.
Except if the parties have agreed to different terms and conditions in writing (email, etc.), the ENVASADOS EVA shall not reimburse or return any transport or shipping costs that the user has assumed, incurred or contracted personally. To formalise the product return, the User must contact the ENVASADOS EVA by means of the form that exists at the end of these Terms and Conditions of Sale, and must state the Product or Products to be returned and a detailed list of the defects thereof. After said notification has been received, and after the defect of the stated Product has been verified, the customer services team of the ENVASADOS EVA shall organise the uplift of the defective Product for the delivery thereof to its warehouses, without any cost whatsoever to the User.
In the case of a defective Product, the ENVASADOS EVA shall, as the case may be, repair or replace the Product, or reduce the price or rescind the contract, and said procedures shall be free of charge to the customer.
10.2. Withdrawal, Changes or Returns.
Users shall have the period of fourteen (14) calendar days in which to carry out changes or product returns, and to exercise their right of withdrawal, as from the date of the material receipt of the Product, without any penalisation whatsoever and without the need to state any reason whatsoever, and the User shall be responsible for the direct cost of the change or product return, in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, that approved the recast text of the General Consumers and Users Protection Act and other complementary laws (hereinafter, “Consumers and Users Protection Act”).
To formalise the change or product return, the user must complete and send the withdrawal form, that is included at the end of these Terms and Conditions of Sale, to the email address email@example.com, that constitutes the withdrawal/unequivocal declaration form. After said notification has been received, the customer service team of the ENVASADOS EVA shall notify the user of the request number and the method in which the change or product return is to be carried out.
Each Product that is to be returned must be in a perfect state of repair, not have been opened and must have all of the labels, packaging and, as the case may be, the corresponding seals thereof.
After the Product has been received, the ENVASADOS EVA shall reimburse the corresponding amounts as quickly as possible and, in any event, within the period of fourteen (14) days following the receipt of the Product at the warehouses of the ENVASADOS EVA.
On the other hand, and in accordance with the provisions of Section 108(1) of the Consumers and Users Protection Act, the User must return the product or products to the ENVASADOS EVA “without any undue delay and, in any event, no later than 14 calendar days after the date on which the user has notified of his or her decision to withdraw from the contract”, and furthermore the user must assume all of the direct costs that correspond to the uplift of the product to be returned, unless the ENVASADOS EVA has expressly accepted responsibility for said costs.
The foregoing right may not be exercised in relation to sealed Products that, for health or hygiene reasons, are not able to be returned and that have been unsealed upon delivery.
The ENVASADOS EVA does not provide any warranty and does not assume any liability whatsoever, in any circumstances, for the losses and damages of any type whatsoever that may result from the access or use of the content or of the Website. By way of illustration, however not limited to, the ENVASADOS EVA shall not be held liable for the following situations:
- The loss, damage, retention or delay of the delivery of the order for any unforeseeable grounds, situations of force majeure or by any acts attributable to the User;
- Any lack of availability, maintenance and effective functioning of the Website and/or of the Services or content, excluding, to the extent permitted under applicable law, any liability for the losses and damages of any type whatsoever as a result of the lack of availability or continuity of the functioning of the Website, such as, for example, errors or delays regarding access to the Website by the User or when entering his or her particulars in the order form, the delay or impossibility of the receipt by the recipients of the confirmation of the order or any other anomaly that may arise and that is not attributable to the ENVASADOS EVA, in good faith;
- The lack of suitability or utility of the Website or of the content for any Service;
- The content of any other websites to which the Users that may be redirected by way of links included on the Website of the ENVASADOS EVA;
- The existence of viruses, malware or harmful programs on the Website; and
- Any unlawful, negligent or fraudulent use, or in breach of these Terms and Conditions of Sale or good faith principles, of the Website or of the content, by the Users, including any breach of the intellectual and/or industrial property rights of the ENVASADOS EVA or of any third parties.
In any event, the ENVASADOS EVA hereby undertakes to resolve any problems that may arise and to provide all types of support necessary to the User in order to establish a timely and satisfactory solution for any incident.
12.- Intellectual property
All rights in relation to the content, design and source code of the Website and, in particular, and by way of illustration however not limited to, all of the rights regarding the photographs, images, texts, logotypes, designs, brands, trade names and data that is included in the Website and any other intellectual and industrial property rights are the property of the ENVASADOS EVA, or alternatively of third parties that have expressly authorised the ENVASADOS EVA to use said intellectual property rights on the Website.
In light thereof and by virtue of the provisions of the Royal Legislative Decree 1/1996, of 12 April, that approved the recast text of the Intellectual Property Act, that standardised, clarified and harmonised the applicable legal provisions in respect thereof, as well as pursuant to the provisions of the Trademarks Act 17/2001, of 7 December, and all complementary laws in relation to intellectual and industrial property, it is hereby expressly prohibited to carry out any reproduction, transfer, adaptation, translation, distribution, public communication, including the modality for the provision, of the totality or any part of the content of the Website, in any support and via any technical modality, except with the express and written authorisation of the ENVASADOS EVA.
The ENVASADOS EVA does not grant any type of licence or authorisation whatsoever for the use of any of its intellectual or industrial property rights or in relation to any other property or right regarding the Website, and in no circumstances whatsoever shall it be understood that the access to and browsing of the Website by Users implies any total or partial waiver, transfer, licence or assignment of said rights by the ENVASADOS EVA.
Any use of said content not previously authorised by the ENVASADOS EVA shall be considered to constitute a serious breach of the intellectual or industrial property rights thereof and shall provide for the legally established liability.
The modifications of these Terms and Conditions of Sale shall enter into force as from the date of the publication thereof on the Website.
14.- Voidability and enforceability of the clauses
If any of the clauses included in these Terms and Conditions of Sale was declared to be, totally or partially, null, void or unenforceable, said voidability or unenforceability shall only relate to said provision or the part thereof that has been declared to be null, void or unenforceable, and the rest of the clauses shall remain in full force and effect, and said clause, or the corresponding part thereof, shall be deemed to not be included.
15.- Right of exclusion
The ENVASADOS EVA hereby reserves the right to refuse or withdraw access to the Website and/or the Services offered thereby, without any need for any prior notice, whether at its own motion or at the request of any third party, vis-à-vis any Users that breach these Terms and Conditions of Sale.
The ENVASADOS EVA may carry out any necessary notifications to the Users in relation to the Services offered on the Website, through the email address provided by the Users in the registration form of the Website, as well as by way of SMS, and/or by any other means of remote notification that may be available in the future.
17. Applicable law and jurisdiction
These Terms and Conditions of Sale shall be governed by Spanish law. The parties, in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, that approved the recast text of the General Consumers and Users Protection Act and other complementary laws, hereby submit themselves to the jurisdiction of the Courts and Tribunals of the place of residence of the User, if the User is a consumer.
In the case of a company, the parties hereby submit themselves to the jurisdiction of the Courts and Tribunals of Navarre.
HOW TO USE THE RIGHT OF WITHDRAWAL FORM?
If you want to withdraw from this contract, you must state your reasons and return the Product within the period of 14 calendar days as from the date of receipt of your order.
In the case that you return the Product to us after the established period has already elapsed, the ENVASADOS EVA shall reserve the right to reject the package.
Hereinbelow, we shall set out how to exercise your right of withdrawal:
1. State your intention to return the Product through the form included on the next page. The form must be correctly completed and must be sent to the following address:
ENVASADOS EVA, S.A.
Albisu s/n, Polígono Industrial 18, 31870, Lecumberri (Navarra)
After the receipt of the withdrawal form that you have sent us at the aforementioned address, we will send to the email address that you have stated the necessary information so that you can return the purchased Product to us.
2. After you have received said documents, the customer services team of the ENVASADOS EVA will contact you to inform you of the corresponding incident number and the way in which you must carry out the product return.
3. After we have received your package at our warehouses, your reimbursement shall be effected and you will be informed thereof by way of an email that shall set out all of the information regarding the transaction.
RIGHT OF WITHDRAWAL FORM
To the customer services department of:
ENVASADOS EVA, S.A.,
Albisu s/n, Polígono Industrial 1831870, Lecumberri (Navarra)
By virtue of this notice, I hereby inform you that I exercise my right of withdrawal from the sale contract in relation to the following Product:
[Provide a brief description of the Product]
-Ordered on/received on: [state the date on which said product was contracted/date of receipt of the order]
- Name of the User:
- Address of the User:
- Signature of the User (only if this form is forwarded by way of physical paper copy):