1. Field of application.
The General Conditions are intended to the purchase of products and services provided remotely via Internet from the website managed by the company.
These General Terms of Sale shall apply to all deliveries made by Dharma Wines Import-Export, SL or on behalf of its web www.invinic.com, unless other conditions are established in Special Offers.
2. Acceptance of general conditions of sale.
2.1. The customer, via e-mail confirmation of his/her purchase order, unconditionally accepts and agrees to comply in his/her relations with the virtual store, the general conditions and payment arrangements, claiming to have read and accepted all the information given in terms of the aforesaid rules, and keeping in mind that the store itself is linked only to the conditions previously established in writing.
2.2. The sale and supply of products from Dharma Wines Import-Export, SL and its divisions, subsidiaries and related companies (hereinafter "Dharma Wines Import-Export, SL") is subject to these General Terms and Conditions (the "Terms" and the contract between the customer and Dharma Wines Import-Export, SL governed by these Terms shall be designated as the "Contract"), without being applicable any other additional or different terms that may be contained in any purchase order, document or other communication (the "order") and that modify, alter or contradict the terms of this Agreement. No term or condition that is included in any other document of the customer, such as orders or confirmations, alter or supplement the terms of this Agreement, even if Dharma Wines Import-Export, SL has not proceeded to object to such additional or conflicting terms.
3. Obligations of the customer.
3.1. The Terms and Conditiones must be reviewed ONLINE by the clients who visit the site and the online store before confirming their purchases. Therefore, sending the order confirmation implies absolute knowledge of these Terms and Conditions and total acceptance. Once the buying process is finished, the customer undertakes the obligation to print and preserve the General Terms of Sale, already read and accepted during the purchasing process, to fully meet with Spanish law.
3.2. The customer is solely responsible, exonerating Dharma Wines Import-Export, SL, for damages resulting from abnormal use, storage, keeping or handling of the products, in particular when indications, warnings or instructions given by Dharma Wines Import-Export, SL in this regard have not been observed.
3.3. Any information on the products (including, for example, instructions and technical advice or of any other kind, advertisements, technical specifications, functions, classification for the purposes of export and import controls, uses or accordance with legal requirements, or others) is provided by Dharma Wines Import-Export, SL "as it is", without Dharma Wines Import-Export, SL assuming any liability or guarantee. This information is not part of the properties of the product. Dharma Wines Import-Export, SL makes no declarations nor gives any guarantees as to the accuracy or completeness of the information of the product, and is NOT LIABLE REGARDING ANY PRODUCT INFORMATION.
Dharma Wines Import-Export, SL recommends the client to validate any information given on th eproduct prior to any use or action on the information. All product information is subject to change without notice. Dharma Wines Import-Export, SL also assumes no liability for typographical errors or others, nor for any omissions in the product information.
4. Placing an order in the online store.
The client purchases the products available as are described online in the fact sheet and which price includes VAT. Before confirming the purchase, the customer will receive the recapitulated cost of each preselected product and the total cost of the purchase. By confirming the purchase and at the end of the transaction, the customer will receive information on the number, date and total amount of the order.
5.1. Payment for the products purchased and the shipping costs will be made by the client at the time the order confirmation is made by credit or debit card, bank transfer or Paypal.
If the bank transfer is not made, the order will not be taken in consideration. The client may also choose to pay COD (cash on delivery) only in the cases which the online store allows and agreeing, the client, to pay a supplementary fee that Dharma Wines Import-Export, SL will notify in advance.
5.2. Additional fees for cash on delivery for delivery in:
Spain (peninsula): 4.00 € (minimum), or 3% of the total amount of the purchase.
Rest of the EEC: 6.00 € (minimum), or 3% of the total amount of the purchase.
Rest of the world: prior consultation.
5.3. In case of non-payment of part or the totality of the order to the due date, in application of Law 3/2004 of December 29, article 5, the amount due and unpaid shall bear interest on arrears without need of reminder or summons on the part of Dharma Wines Import-Export, SL, in addition the costs of return that may be incurred are responsability of the customer. Also, Dharma Wines Import-Export, SL is empowered to suspend or cancel pending deliveries until the total amount -which is due and payable- is paid, or to requier advance payment of any new order.
6. Availability and delivery of products.
Our warehouse will be considered the place of delivery of all transactions. The delivery date will be when the payment is made or when the goods are ready for delivery/shipment. Delivery times are approximate and a delay does not contemplate, in any case, a possible claim for damages.
The client may not indicate the means of transport by which to receive the merchandise, it will be sent by the means our company estimates appropriate.
The client can and should check the shipping costs on the "Shipping Costs" section of this website, therefore, the client is solely responsible, exonerating Dharma Wines Import-Export, SL for any claims.
The merchandise will always be sent prior payment of the shipping cost which will be included in the invoice, or COD, following the instructions provided by the client.
8. What to do when you receive your order.
1- Check the receipt of shipment.
2- Verify that the product corresponds to the order and that there is no apparent damage. If everything is on order, accept the delivery.
3- If the product does not correspond with the order or if it is damaged, reject the delivery indicating the problem.
4- Send an email to the shop within 24 hours to indicate the problem.
9. General comments.
9.1. The placing of an order on the online shop implies the acceptance by the customer of these legal conditions. No stipulation made by the customer may differ from the ones made by the online shop if it has not been expressly accepted in advance and in writing by the onlinse shop.
9.2. An order is not final until accepted by the online shop.
9.3. Any liability of Dharma Wines Import-Export, SL for damages caused by defects in the products is excluded, unless specifically required under application of mandatory law, as in cases of death or body injury. Thus, Dharma Wines Import-Export, SL is not liable for indirect damages, loss of profits, loss of production or profits.
9.4. In any case, if Dharma Wines Import-Export, SL were obliged to assume responsibility for damages suffered by the client, it would be limited to an amount equal to the amount corresponding to the order of the product that caused the damage, unless applicable mandatory law imposes a higher quantitative limit on Dharma Wines Import-Export, SL.
10.1. The published prices are valid except where typing error or lack of stock. The product price shown includes VAT. Shipping costs are not included.
10.2. The prices are for the material placed in our Dharma Wines Import-Export, SL warehouse, they do not include taxes or shipping. Packaging is included in the price unless otherwise stated.
10.3. Dharma Wines Import-Export, SL may modify selling prices of the products at any time. The increase in the selling price will not affect those orders in progress which have been previously accepted by Dharma Wines Import-Export, SL. In the event that the customer placed an order for products with an erroneous price, Dharma Wines Import-Export, SL will notify the correct price and, where appropriate, its agreement to place the order, provided that the customer expressly confirms (at the right price) within the following two days.
10.4. Prices are subject to change at any time. Prices only express the value of the products and do not include taxes or shipping costs, freight or customs duties, nor any other charges or costs, including those for packaging and special labeling of products, permits, certificates, customs declarations and records (collectively, "additional costs"). Additional costs are borne by the customer.
11. Terms of payment.
The products and services shall be paid by bank transfer or credit or debit card as long as they are implemented on the Website, operational and accessible. In the same way, the online shop ensures that European law will be fulfilled regarding the necessary security measures for the provision of banking data. It is also possible to choose to pay on delivery (COD) only when the online shop allows.
12. Organic Law on Data Protection.
For the purposes of the provisions of the regulations governing the protection of personal data, the online shop informs the user of the existence of a file of personal data of users (clients) who enter their data in the Corporate Website, created for the purpose of carrying out tasks of information, training and sales promotion services of the online shop. Also, the online shop informs you about the possibility of exercising rights of access, rectification, cancellation and opposition of the personal data included in the file. The online shop is committed to fulfilling its obligation of secrecy of personal data and its duty to protect it, and adopt the necessary measures to prevent alteration, loss or unauthorized access, given the state of technology.
13.1. The online shop will not ship any products until the Business Department has verified that payment has been made, or commitment by the customer to do so COD.
13.2. Delivery shall be deemed made at the time the Web has put the products available to the client and he/she has accepted the document on receipt of delivery. The client must check the goods upon receipt and expose all exceptions and complaints that may be justified in the email address of the Web.
13.3. The online shop strives to respect the delivery times. However, the delay does not imply the cancellation of the order or any compensation. Any penalty clause for delay introduced by the customer in his/her order is not effective.
13.4. The online shop will always try to send the products by the chosen system of the shop. However, in case of transport failures unrelated to the online shop , it reserves the right to forward them by the means it deems necessary to meet its commitments.
13.5. Delivery times are indicated for each product, but may be subject to the availability of dates or lack of stock.
13.6. Any change in the date of delivery by the customer shall be expressly accepted by Dharma Wines Import-Export, SL
13.7. Dharma Wines Import-Export, SL reserves the right to stop delivery of goods ordered, without incurring any liability, in case of non-payment of any quantity from the customer by the due date, or if financial insolvency of the customer.
13.8. Delivery of products will always be in the total amount of the purchase, with no splits, because of the nature of the products, unless expressly requested by the client.
13.9. Dharma Wines Import-Export, SL will deliver the products under the INCOTERMS in force and agreed with the customer.
13.10. Except in those cases where Dharma Wines Import-Export, SL specifies other terms in writing, all deliveries of products will be EXW, Dharma Wines Import-Export, SL warehouse (Ex Works - INCOTERMS 2000). Title and risk of loss pass to customer upon delivery of the products to the carrier. Any date of delivery provided by Dharma Wines Import-Export, SL should be understood only as estimated, which depends on the timely receipt of supplies. Dharma Wines Import-Export, SL is not liable for any delays that occur in the delivery. Dharma Wines Import-Export, SL reserves the right to make partial deliveries, in which case the customer shall accept such delivery and pay for the products delivered. The delay in the delivery of any part of an order does not grant the customer the right to cancel other deliveries.
14. Claims and returns
14.1. any claim for damage to goods must be placed on our knowledge within 24 hours of receipt of shipment, in order to proceed to the corresponding claim to the carrier.
14.2. If returned in error in shipping or for reasons attributable to Dharma Wines Import-Export, SL, COD shipments will not be accepted. Our firm will handle the necessary arrangements, both to remove the erroneous goods as to replace them for the correct ones.
14.3. Any claim for failure to supply or error therein, shall be notified within a maximum of 8 days from he date of shipment of the material.
14.4. The customer is not entitled to claim a refund if he/she has not reported the error/defect by sending an email to the customer service firstname.lastname@example.org, within 24 hours of receiving the order, to report the problem.
14.5. Products supplied by Dharma Wines Import-Export, SL are to be used exclusively for the uses identified by the respective manufacturer. The customer shall be solely responsible for any consequences arising from the use of products supplied.
14.6. Expressly excluded are claims for damages filed by the customer for any reason, in the absence of gross negligence or willful misconduct.
14.7. Customer conformity as to the amount paid in relation to an order in question, shall be made by signing the correspoding delivery note at the momento of delivery. If the customer fails to make his/her complaint about a possible defect in amount at the time of receipt of the products, Dharma Wines Import-Export, SL is not liable.
14.8. The customer shall examine the products as soon as possible after receipt to ensure conformity with the type of product object of the order and the absence of apparent or hidden defects in them. In any case, upon receipt of the products, the customer shall have a period of 24 hours to claim Dharma Wines Import-Export, SL by a possible difference in the products ordered or delivered to the existence of an apparent defect in them. Shall the customer detect a possible internal or not apparent fault in the goods, he/she will have 3 days within receipt to claim Dharma Wines Import-Export, SL.
14.9. According to Art. 14.1 of the (EU) Regulation 524/2013, the European Commission provides a free platform, where online disputes between the user and the provider should be solved, without a need to involve the judiciary, by means of the intervention of a third party, called authority to resolve disputes, acting as an intermediary between the two sides. This authority is neutral and shall establish a dialogue with both parties to achieve an agreement. Thus, ultimately, a solution to the conflict can be suggested and/or imposed. Link to the platform ODR: http://ec.europa.eu/consumers/odr/
17.1. Dharma Wines Import-Export, SL ensures the quality and reliability of the products, until the product suffers any alteration, tampering or removing, as it is understood that any change is made under the responsiblity of the customer.
18. Final note.
18.1. We ask our customers to please understand that the store will reject any request for reimbursement or replacement (by right of withdrawl / revocation) of products that have been accepted at the time of delivery. The right of withdrwal / revocation is still valid in case of problems unrelated to Dharma Wines Import-Export, SL after delivery and according to the terms provided by law.
18.2. To the extent permitted y applicable law, neither Dharma Wines Import-Export, SL nor its employees or its agents are liable, and the client is not entitled to claim for any indirect, special, casual or consequential damages, nor for loss of profit which may be caused. Therefore, they are not liable for reduction of profit or revenue, loss of data, interruption in use, reprocesing, additional production costs, damage to reputation or loss of customers. To the extent permitted bt applicable law, and only if a direct damage is caused, Dharma Wines Import-Export, SL will indemnify the customer with an amount that will never exceed the original price of the product. To the extent that applicable law does not consider such limitations of liability applicable, the total liability of Dharma Wines Import-Export, SL to any incident occured, shall, in no case, exceed 100 € or its equivalent.