General conditions of use

General conditions of use and contracting

These general conditions of use and contracting (hereinafter, "the general conditions") govern, together with the privacy policy, access and use, by the user, of the website https://www.productoschilenosenmallorca .com and its subdomains (hereinafter, "the website"), as well as the contracting of products and services through it. By accepting these general conditions, the user states:

  1. That you have read and understood what is stated here.
  2. That he is a person of legal age and with sufficient capacity to contract.
  3. That he assumes all the obligations set forth herein.

The use of the website attributes the condition of user of the website (hereinafter, "the user") and implies acceptance of all the terms included in these general conditions. The user must carefully read these general conditions each time they access the website, since this and said general conditions may be modified.

The owner of the website, Patricio Moncada Varas (hereinafter "Chilean Products in Mallorca") reserves the right to make, at any time and without prior notice, 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 website.

  1. Website Overview

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 website is provided below:

  • Holder: BACO CHILENO SC
  • Registered office: C/ Castillejo number 1 Floor 2
  • IF:J16633794
  • Telephone: +34 69031908
  • E-mail: info@bacochileno.com

 

     2. Terms of use

2.1. Website access

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. Given that some of the content and services on the website deal with alcoholic beverages, access to it is only permitted to adults. Please, if you are a minor, leave the website immediately.

2.2. registration need

In general, to access the services and contents of the website, user registration will not be necessary. However, the use of certain services and content may be conditioned to the prior registration of the user.

The data entered by the user must be exact, current and truthful at all times. 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 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 said access and use.

23. 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 obligatory to make an adequate use of the services and/or contents of the website and not to use them to carry out illicit or criminal activities, that violate the rights of third parties and/or that 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:

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

2.3.2. 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 suppliers or third-party users of the Internet network.

2.3.3. 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.

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

2.3.5. Do not transmit unsolicited or authorized advertising, advertising 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.

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

2.3.7. Do not impersonate other users using their registration keys to the different services and/or contents of the website.

2.3.8. 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.

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

2.3.10. The user undertakes to keep El Gourmet Cerca de ti 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, further reserving The Gourmet Cerca de ti the right to request compensation for damages that corresponds.

2.4. Exclusion of liability

The user's access to the website does not imply for Chilean Products in Mallorca 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.

Chilean products in Mallorca 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.

Chilean products in Mallorca 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 in advance.

2.5. Content and services linked through the website

The website access service includes 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, Chilean Products in Mallorca 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 illicit or inappropriate content, they may notify Chilean Products in Mallorca without, in any case, this communication entailing the obligation to remove the corresponding link.

In no case should the existence of linked sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Chilean Products in Mallorca with the demonstrations, content or services provided.

Chilean Products in Mallorca 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 sites. linked, nor for any other damage that is not directly attributable to Chilean Products in Mallorca.

In the cases in which the user can access or is redirected to linked sites that allow the contracting of services and/or products, the user knows and accepts that Chilean Products in Mallorca acts as a mere intermediary facilitating said access, for which he will not be responsible , neither indirectly nor subsidiarily, of the damages of any nature derived from the free use and/or contracting of said services and products of third parties, as well as the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness thereof. By way of example, and in no case limiting, Chilean Products in Mallorca will not be responsible for damages of any nature arising from defective compliance or breach of contractual commitments acquired by third parties, the performance of acts of unfair competition and illicit advertising, the inadequacy and disappointment of the expectations of said services and products of third parties and of the vices and defects of all kinds that may occur in them.

2.6. Intellectual and industrial property

All the contents of the website, understanding by these, by way of example, the texts, photographs, videos, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of Chilean Products in Mallorca or of third parties, and none of the exploitation rights recognized by current regulations regarding intellectual property over them can be understood to be transferred to the user.

The trademarks, trade names or distinctive signs are the property of Chilean Products in Mallorca or third parties, without it being understood that access to the website attributes any right over them.

Through the acceptance of these general conditions, the user assigns to Chilean Products in Mallorca, free of charge and exclusively, all the exploitation rights over the articles, comments and opinions (hereinafter, "the contents") that the user publishes or whose publication you authorize on the website. Said transfer will be understood to be made for the world territorial scope, without any limitation, and for the maximum period of duration provided for in Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Property Law Intellectual, regularizing, clarifying and harmonizing the current legal provisions on the matter. Chilean products in Mallorca may exploit the rights of reproduction, transformation, distribution and public communication of the contents, in the broadest sense recognized by said Law.

The user, who claims to have all the intellectual property rights over the aforementioned articles, comments and opinions, undertakes to assume any claim or responsibility, including compensation for damages, that any third party may exercise against Chilean Products in Mallorca for consider their rights infringed by any of the actions derived from the obligations that the user contracts directly or indirectly with these general conditions.

Likewise, the user undertakes to keep Chilean Products in Mallorca harmless from any damage that he or a third party may suffer as a result of the formalization of the transfer of rights regulated in this clause.

  1. Contract conditions

3.1. Images and product availability

The images and texts that illustrate the products have been provided by our suppliers, and special attention has been paid to eliminating any type of error, however, if you find any, please notify us so that we can correct it as soon as possible for the benefit of all users. Likewise, we advise you that in the event that you buy a product on this page, make sure that the name of the product is the one you want.

3.2. Purchase procedure

The procedure to buy products through the website is as follows:

  1. Start the process by clicking the "add to cart" button that appears next to each product. You can add as many products as you want to your cart by always clicking on the “add to cart” button.
  2. Select the units of each product that you wish to purchase in the “quantity” section.
  3. When you have finished your purchase, you must press the "confirm" button.
  4. Next, you must fill in the “shipping address” section, which may or may not be the same as the billing information.
  5. In the next step you must fill in the "invoicing information" in order to be able to process the invoice corresponding to your purchase.
  6. To continue, you must select the "shipping method" in which the user can view the name of the logistics operator that will deliver your order, the delivery time and the cost of this service, which will be added to the total cost of the order.
  7. Then you must choose the payment method in "payment method" select one of the following available payment methods: Payment by credit / debit card, PayPal or by bank transfer.
  8. Finally, in the "order summary" section, the user can verify all the information requested for review or modification if the case arises. In the event that a discount or gift coupon is available, the user must include it in the space enabled for the introduction of the "Vale" coupon, in the event that the coupon is not inserted in said space and the order is produced without discount, the user will not be able to claim after the confirmation of the order of the application of said discount. Finally select "Confirm order" and make the payment.

3.3. Prices and payment methods

All prices published on the website, unless expressly stated otherwise, DO include VAT or corresponding taxes. The user must pay for their purchases by bank transfer, PayPal, or credit or debit card.

To proceed with the payment by bank transfer, the user must make a transfer with the details that will appear in the order confirmation email. It will indicate the account number to which you must make the transfer, the amount and the reference that you must attach to speed up the final acceptance process of your order. The order will be processed once the full amount has been received and the period of delivery days communicated to the client will start counting from the receipt of the full amount. The order made by bank transfer is valid for 48 hours. Any payment made after that period may be subject to changes in product availability or prices.

Chilean products in Mallorca reserves the right to request a copy by fax or email of the card used in the purchase and identity document (DNI, passport,...) of the user to confirm the veracity of the data provided.

3.4. Delivery of orders, cancellations and returns

The products purchased by the user will be sent through the logistics operator contracted by Chilean Products in Mallorca or by the one used by each partner of Chilean Products in Mallorca. When placing the order, both the name of the logistics operator and the expenses associated with each order will appear when making the purchase. The costs for an incorrect introduction of shipping data in the order by the user will be borne by the user.

The delivery of the orders will be made at the delivery address freely designated by the user in the order form. Chilean products in Mallorca 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 due to external causes. to the shipping company assigned for this purpose, as is the absence of the recipient. The order will be delivered in 24/48 hours in the Balearic Islands and in 3/7 days for the Peninsula, the Canary Islands, Ceuta and Melilla.

Orders can be canceled at no cost until the moment the shipment becomes effective. If we receive notice of cancellation once the package is already shipped, it will be considered a return. Returns can be made up to 14 days after receiving the product. Shipping costs are borne by the customer. The amount of the product will be refunded in full, as long as the product has previously been returned and received by the supplier in perfect condition.

Excluded from this case are those returns that are derived from an error Chilean products in Mallorca or from a product defect. In such a case, Chilean Products in Mallorca undertakes to exchange the defective product for another equal provided that it is available. You will also be responsible for the return and shipping costs. In the event that the change cannot be made, the amount will be refunded. To make a return effective, contact us at info@productoschilenosenmallorca.com.

  1. 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 else and considering such provision totally or partially as not included.

  1. Applicable law and competent jurisdiction

These general conditions will be governed and interpreted in accordance with the Laws of Spain. 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.