GENERAL CONDITIONS OF SALE

This section includes the General Conditions of Use and Contracting (hereinafter, "the General Conditions") that govern, together with the Privacy Policy and the Cookies Policy, the access and use of this website accessible through the domain name www.outlet.zavala.es and its subdomains (hereinafter, "the Website"), as well as the contracting of products and/or services through it. The simple access to the Website attributes to the person who performs it the condition of User of the Website (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 Website without using it.

By accepting these General Conditions, the User states:

·        That you have read and understood what is stated here.

·        That to use the Website, you must be of legal age in accordance with the regulations in force in your place of residence, otherwise, the minor must have the authorization of their legal representatives.

·        That every User who registers on the Website must be at least eighteen (18) years old.

·        That, in the event that you are willing to contract a product and/or service, you have sufficient capacity to do so.

·        That he assumes all the obligations set forth herein.

The User must carefully read these General Conditions each time they access the Website, since it, and these General Conditions, may be modified.

The owner of the Website reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of all the elements that make up the design and configuration of the Website.

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 ZAVALA 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 any given time the one that appears in the database of the trusted third party.

1.     General information of the Website

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce, general information on the OUTLET ZAVALA Website is provided below:

·        Holder: FRANCISCO ZAVALA, SL

·        Registered office: Calle San Quintín, 48 29009 MÁLAGA (Málaga – Spain

·        CIF B92632553

·        E-mail: ventas@Zavala.es

·        Telephone: +34 952 308 742 

 

2.    Contract Conditions

  2.1. User Registration

The use of the services provided by ZAVALA implies the need for the User to register on the Website.

The User must proceed to register indicating their full name and email address. Once the registration is complete, 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.

In the "My Account" section, the User can request the invoices for the orders and the possibility of canceling the account at any time, indicating a reason why they wish to cancel it.

  2.2. Send conditions

ZAVALA only sends its products to: Peninsular Spain. It will not be possible to carry out the purchase process through the Website to destinations other than those indicated.

The purchase of products on the Website is subject to the payment of shipping costs, at the buyer's expense.

Shipping costs depend on the number of products purchased. In any case, the effective shipping costs will be detailed throughout the purchase process and the buyer will have the opportunity to review these costs before finalizing their purchase. ZAVALA cannot be held responsible for delays in the delivery of orders due to acts of God or force majeure.

ZAVALA undertakes to deliver the products acquired by the User in the purchase process in the shortest possible time, and in any case, within a maximum period of thirty (30) calendar days from the date of formulation of the order. However, the shipment of the orders will be processed so that the delivery time does not exceed 4-5 working days from the day following the confirmation of the order.

Free shipping costs for the pick-up option at the following available points:

1.     Zavala at Avenida José Ortega y Gasset, 264 29006 Málaga.

2.     Zavala at Calle de San Quintín, 48 29009 Málaga.

 

From Monday to Friday from 8:00 to 16:00

 

The shipping costs mentioned above include, in addition to the transport of the products, their packaging in specially designed boxes, insurance against loss or breakage, as well as VAT.

The delivery of the orders will be made at the delivery address freely designated by the User. ZAVALA 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 ZAVALA, such as the absence of the recipient at the delivery address.

In case of absence of the recipient and whenever possible, a passing note will be left with the necessary information to agree on a new delivery at the address of the recipient or the necessary instructions for the recipient to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without the order being able to be delivered, it will be returned to origin and the contract will be terminated.

In case of breakage, the merchandise will be sent back to the User at no additional cost.

Likewise, the User accepts that, in accordance with the ZAVALA data protection declaration and in a revocable manner at all times, their telephone number and email address are provided to the carrier that carries out the delivery, so that they can contact in contact with the User in order to agree on a delivery date or transmit information on the status of the shipment.

  23. Return of products:

2.3.1 Right of withdrawal

The User will have a maximum period of 14 (fourteen) calendar days from the delivery of the product to cancel, totally or partially, the purchase of the product, in accordance with the applicable legislation.

Once the period of fourteen (14) calendar days has expired, ZAVALA will not accept returns due to withdrawal of product purchases.

In the event of desisting from the purchase of a product, the User must contact ZAVALA by sending an email to ventas@outlet.zavala.es.

In any case, in the event of withdrawing from the purchase, the following requirements must be met:

1.     The product must be in the same state in which it was delivered and must retain its original packaging and labeling.

2.     The return to ZAVALA must be made using the same box used in the delivery, or failing that, in a similar format that guarantees the return of the products in perfect condition.

3.     A copy of the proof of purchase and the delivery note of the products must be included in the package, where the returned products and the reason for the return are also indicated.

 

Returns of orders must be sent to the ZAVALA address, at Avenida José Ortega y Gasset, 264 29006 Málaga. The User will bear the return shipping costs in the case of exercising the right of withdrawal.

In accordance with article 102.d) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, not being applicable the supply of goods that can deteriorate or expire quickly, so that the right of withdrawal cannot be exercised on bottles that have been opened, for example, due to the rapid deterioration of the content in such cases.

 2.3.2 Return of defective products.

Without prejudice to any other rights that may apply, the User shall be entitled to reimbursement of the price of defective products or of the products delivered if they do not correspond to the order made by the User. Alternatively to the above, the User shall have the right to claim, and to be delivered, an equal product, in perfect condition.

In the event of a return to ZAVALA of defective products or products that do not correspond to your order, this must be done by the User through the procedure established in section 2.3.1 above, although the User, in this case, must not do against the costs of returning said products.

Provided that the User has followed the procedure established in section 2.3.1 above and the requirements established in this section have been met, ZAVALA will refund the price paid corresponding to the returned products that are defective or that do not correspond to the product order. made by the User, in accordance with the provisions of section 2.3.3 below.

2.3.3 Reimbursement of the price of the products to the User

Provided that the User has followed the procedure established in this section and the requirements established therein have been met, ZAVALA will reimburse the price paid by the User corresponding to the returned products. In the event that the return is made in exercise of the User's right of withdrawal described in section 2.3.1, ZAVALA will not pay or deal with the return costs and/or expenses.

The User will not be entitled to reimbursement of the price of the returned products that are not in the same conditions in which they were delivered, or the requirements established in these General Conditions have not been met.

Partial returns of an order will give rise to the refund of the price corresponding to the product or products actually returned.

ZAVALA will manage the price return order through the same payment system used by the User to purchase the products, within a period of thirty (30) calendar days from the collection of the returned order and once Zavala has verified that the products object of return meet the requirements established in sections 2.3.1 and 2.3.2 above. The application of the refund of the price in the User's account will depend on the bank.

2.4. Selection of products by the User

Any User may contract through the Website the purchase of products or the provision of services, hereinafter “products”.

The purchase process in ZAVALA is based on a virtual basket, to which the User can add the products they wish 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.

At any time the User can access and modify the content of the basket.

2.5 Purchasing system for products or services.

To proceed with the purchase of the product, the registered User, who must be over eighteen (18) years of age, must select the product or service that they wish to purchase and add it to the Shopping Cart. Once the selection of products to be purchased has been completed, the User must press the “Finish the purchase” icon. Next, the products selected for purchase will be indicated and the User must select between sending the products to the address entered in their registration data (being able to choose between any of the addresses contained in their registration data) pick up the order in the Zavala facilities, or at the indicated collection points. Finally, the User must press the “Pay” icon.

The User name, email address and password provided to ZAVALA are identifying and enabling elements to access and make purchases and are personal and non-transferable. The User name, password and email address may be modified, in which case the modified password, User name and/or email address will lose their validity.

Once the purchase process has been completed, ZAVALA will send an email confirming receipt of the order to the email address provided by the User within twenty-four (24) hours following its completion. The order confirmation sent by ZAVALA will not be valid as an invoice, only as proof of purchase. The ZAVALA Customer Service Department will send the User the corresponding invoice within a period of less than thirty (30) days from the execution of the purchase.

2.6. Product price

The prices of the products and services offered through the Website include all applicable taxes and are expressed in the Euro currency (€). The costs of shipping the products on behalf of the buyer, are detailed and broken down in the "Your Cart" section of the Website.

ZAVALA reserves the right to modify the prices reflected on the Website at any time. The products will be invoiced at the current price reflected on the Website, at the time of registering the order.

Prices may vary from one Zavala channel to another, and there may be, for example, differences between the web price and that of physical stores. There may be promotions that only affect one of the channels. Each channel (physical store or Website) reserves the right to carry out its own promotions.

2.7. Way to pay

The payment of the price of the products and services purchased and the shipping costs, which will appear on the screen, can be made between the following forms of payment or through other payment systems indicated at any time on the Website.

To proceed with the payment, the User must follow the instructions that appear on the screen depending on the chosen payment system.

The purchase of products and services through ZAVALA allows the following forms of payment:

·        Payment by debit or credit card (VISA and MASTERCARD) through a virtual POS.

·        Payment by bank transfer.

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.

ZAVALA 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.

 2.8. Confirmation of receipt of acceptance

Once the purchase process is finished, 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 Approximate delivery and, where appropriate, payment method if the payment method by bank transfer has been chosen. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to ZAVALA or to any third party designated for registration and version control, as the case may be.

3.              Terms of use

3.1. Access to the Website

Simple access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.

3.2. Registration Need

The use of certain services and contents may be conditioned to the prior registration of the User.

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 their password, assuming consequently any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. 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 liable in all cases for such access and use.

3.3. Prohibition for minors

Those under 18 years of age are not authorized to make purchases of our products or services, with or without the consent of their parents or guardians.

3.4. Rules of use of the Website

The User undertakes to use the Website 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 appropriate use of the services and/or contents of the Website and not to use them to carry out illicit or criminal activities, which violate the rights of third parties and/or which infringe 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 case limiting or excluding, the User undertakes to:

1.     Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, advocating terrorism or that violate human rights.

2.     Do not 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 providers or third-party users of the Internet network.

3.     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.

4.     Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.

5.     Do 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.

6.     Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

7.     Not impersonate other Users using their registration keys to the different services and/or contents of the Website.

8.     Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.

9.     Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and the legislation of personal data.

The User undertakes to keep ZAVALA harmless from any possible claim, fine, penalty or sanction that may be required to be borne as a result of the User's breach of any of the aforementioned rules of use, furthermore, ZAVALA reserves the right to request the corresponding compensation for damages.

3.5. Exclusion of Liability

The User's access to the Website does not imply for ZAVALA the obligation to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs.

ZAVALA is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website.

ZAVALA is not responsible for damages or losses of any kind caused to the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Website service during the provision of the same or prior to it. .

3.6. Content and services linked through the Website

The access service to the Website may include technical link devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, "Linked Sites"). In these cases, ZAVALA 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, they may notify ZAVALA, without this communication entailing the obligation to remove the corresponding link in any case.

In no case, the existence of Linked Sites must presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of ZAVALA with the statements, content or services provided.

ZAVALA 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 for any other damage that is not directly attributable to ZAVALA.

3.7. Intellectual and industrial property

All the contents of the Website, understanding by these, 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 property intellectual property of ZAVALA or of third parties, without it being understood that any of the exploitation rights recognized by current regulations regarding intellectual property over them have been transferred to the User.

The trademarks, trade names or distinctive signs are the property of ZAVALA or third parties, without it being understood that access to the Website attributes any right over them.

In any case, the User knows and accepts that the ratings and comments made about the products available through the Website may be accessible to the rest of the Users of the Website, including the identity of their author.

On all the comments freely hosted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter, "the Contents"), the User freely grants ZAVALA a non-exclusive, territorial use license. worldwide and with the maximum duration legally established. Based on said license, ZAVALA 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 ZAVALA and advertise its products and services.

4.              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, subsisting these General Conditions in everything others, considering such provision totally or partially as not included.

5.              Applicable law and competent jurisdiction

These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the User's domicile.

 

Version: March 24, 2020