Terms and Conditions
We ask that you read our Terms and Conditions carefully, since by using our services you are agreeing to comply with the provisions set forth herein.
Scope of the Contract
Our Terms and Conditions govern all commercial transactions carried out in our online store and apply to all consumers who may receive deliveries in the Canary Islands. The Website is primarily aimed at Users residing in the Canary Islands, Spain. DCWine does not ensure that the Website complies with the laws of other countries, either in whole or in part. DCWine declines all liability that may arise from such access, nor does it ensure shipments outside the Canary Islands. We reserve the right to cancel any order that we suspect is fraudulent, speculative or made in bad faith. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed. The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website. The User must also provide true and lawful contact information, such as an email address, postal address and/or other information. The User may, at his/her discretion, formalize with DCWine the contract of sale of the desired products in any of the languages in which these Terms and Conditions are available on this Website. For the purposes of these Terms and Conditions, it is understood that the activity that DCWine carries out through the Website includes: - Sale of wines. In addition to reading these Terms and Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice, the Cookies Policy, and the Privacy and Data Protection Policy of DCWine. By using this Website or by making and/or requesting the purchase of a product through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website. Likewise, you are informed that these Terms and Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those that are in force at the time when the acquisition of products and/or services is requested will be applicable. For all questions that the User may have in relation to these Terms and Conditions, he/she may contact the owner using the contact information provided in the Legal Notice, where applicable, using the contact form.
Purchase process
Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.dcwinecanarias.com, during which various products can be selected and added to the cart, basket or final purchase space and, finally, click on: 'Buy'. Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified. Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User via email. Likewise, the User may, if he or she so wishes, obtain a copy of his or her invoice in paper form, by requesting it from DCWine using the contact spaces on the Website or through the contact details provided in the Legal Notice. The User acknowledges that he or she is aware, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are shown next to the presentation or, where applicable, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics; and acknowledges that placing the purchase order materialises the full and complete acceptance of the particular conditions of sale applicable to each case. Communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in DCWine's computerized records in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018,of December 5, on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
Prices and payments
We offer various forms of payment for your convenience, including: debit or credit card through a virtual POS. DCWine uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system. Credit cards will be subject to checks and authorizations by the issuing bank.If the entity does not authorize the payment, DCWine will not be responsible for any delay or lack of delivery and will not be able to enter into any contract with the User. It is important to bear in mind that providers or issuers of payment methods may apply anti-fraud measures, so we are not responsible for these security policies. Once DCWine receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the credit card will be made at the time that the confirmation of the completion of your order is sent to you.
Orders
All purchase orders received by DCWine through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (Exoneration of Liability) affects the supply of the same.
Shipping Conditions
We only ship within the Canary Islands. Shipping costs will be calculated based on the destination and the total of your purchase, and will be detailed during the purchase process for your review before completing the transaction. Delivery time varies depending on order demand and stock availability. It may vary depending on workload and other logistical factors. Shipments do not have insurance by default. If you wish to insure your shipment, you can purchase optional insurance during the purchase process. We are not responsible for delays in delivery due to circumstances beyond our control or fortuitous events. Deliveries will be made within the following territory: Canary Islands. DCWine is exonerated from any liability arising from the transport of the products. If the User is not going to be at the place of delivery in the agreed time slot, he/she must contact us.
Additional shipping costs: In the event that the courier company makes a second or third delivery attempt, additional costs may be generated. These costs, if applied, will be billed to the customer. DCWine is exonerated from any liability arising from these additional costs, which are managed directly by the courier company and are subject to its general conditions. If it were impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again. For the purposes of these Conditions, delivery will be deemed to have taken place or the order to have been delivered when the User or a third party indicated by the User acquires material possession of the products, which will be accredited by signing for receipt of the order at the agreed delivery address. The User acquires ownership of the products when DCWine receives full payment for all amounts due in relation to the purchase made.
Technical means to correct errors
The User is hereby informed that if he or she detects that an error has occurred when entering the data necessary to process his or her purchase request on the Website, he or she may modify said data by contacting DCWine through the contact spaces enabled on the Website and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the Legal Notice. In any case, before clicking on 'Buy', the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications. Likewise, the User is referred to consult the Legal Notice and, specifically, the Privacy Policy to gather more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
Exchanges and Returns
We reserve the right to accept exchanges and returns. If you receive a defective product, you must notify us without undue delay and, in any case, within a maximum period of 48 hours. In the case of exchanges, the refund will not be made in cash, but the amount will be refunded to the same card with which the purchase was made. Your satisfaction is our priority. If you have received a defective product, please contact us at food@dadilogistica.com and we will respond to your request within a maximum period of 10 days, offering you an appropriate solution. We are not responsible for damage to products made due to circumstances beyond our control or fortuitous events. In the case of incorrect products being sent, the corresponding amount will be refunded to the same card with which the purchase was made. The User acknowledges that, in the event of withdrawal, he/she must assume the direct cost of the return (transport, delivery) of the goods, except in the case of defective, damaged or incorrectly delivered products, in which case the costs will be assumed by DCWine. However, if the cost of the return is manifestly disproportionate to the value of the product (for example, when the cost of transport greatly exceeds the price paid), the User may contact DCWine to negotiate a solution to reduce these costs, always in compliance with consumer and user protection regulations. Likewise, the User accepts that, if at the time of delivery he considers that the product does not comply with the provisions of the contract or the purchase order (due to defect or error), he must immediately notify DCWine, describing the non-conformity, either through the contact information provided or by email lanzarotedcwine@gmail.com. In addition, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Likewise, the products must be returned using or including all their original packaging, and any other accompanying documents, as well as a copy of the purchase invoice. The User may return or send the products to DCWine at: Calle Chabusquillo (el), 35500 Arrecife (Las Palmas). The User will then be informed of their request within a maximum period of 10 days, offering them an appropriate solution. In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always be observed.
Disclaimer of Liability
Unless otherwise provided by law, DCWine will not assume liability for:
Losses that are not attributable to any breach on your part.
Any business losses (including, without limitation, loss of profits, revenue, contracts, anticipated savings, data or goodwill) and any indirect loss or consequential damages which were not reasonably foreseeable at the time the contract was formed.
DCWine also limits its liability in the following cases:
Product Display: All necessary measures are taken to faithfully display the products on the Website; however, DCWine will not be responsible for minor differences or inaccuracies due to screen resolution, browser or other similar problems.
Transport and delivery: DCWine acts with the utmost diligence. However, it is not responsible for delays, losses or thefts caused by incidents (including strikes, roadblocks, or other circumstances specific to the sector).
Improper use or incorrect return: DCWine shall not be liable for incorrect or negligent use of the product by the User, or for the return of the wrong item. It is the User's responsibility to ensure that the correct product is returned in accordance with the return instructions provided. DCWine shall also not be liable for any failure or delay in the fulfilment of obligations arising from force majeure events, including, but not limited to, strikes, lockouts or other protest measures; civil unrest, threats or acts of terrorism, war (declared or not), fire, explosion, flood, earthquake or other natural disasters, inability to use public or private transport and, in general, any cause beyond its reasonable control. In such cases, the obligations shall be deemed to be suspended for the duration of the force majeure event, with the deadline for their fulfilment being extended for a period equivalent to the duration of said cause. DCWine undertakes to use all reasonable means to find a solution that allows it to fulfil its obligations despite the force majeure event.
In no event shall these limitations affect the statutory rights of the consumer, nor shall they be construed as an exclusion of liability in cases of gross negligence, wilful misconduct or any other case in which, by law, liability cannot be limited or excluded.
Waiver
No waiver by DCWine of any specific right or legal action or DCWine's failure to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations. No waiver by DCWine of any of these Terms and Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
Nullity
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
Complete Agreement
These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between the User and DCWine in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties. The User and DCWine acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Terms and Conditions.
Data Protection
The information or personal data that the User provides to DCWine in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where applicable, in the Legal Notice). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
Applicable legislation and jurisdiction
Access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law. Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Terms and Conditions, or with the sales contracts between DCWine and the User, shall be subject to the exclusive jurisdiction of the Spanish courts and tribunals. Likewise, if a dispute arises from the conclusion of this purchase contract between DCWine and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
Customer Service
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