1. GENERAL INFORMATION
Sólo está permitida la venta a mayores de edad.
El comercio es responsable y conoce la legislación vigente de los países a los que envía los productos.
El titular de la tarjeta tiene conocimiento y acepta las condiciones establecidas por el comercio.
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site and the purchase or acquisition of products on the same (hereinafter Conditions).
For the purposes of these Conditions, it is understood that the activity that Toraliu.com carries out through the Website includes the sale of wines.
In addition to reading these Conditions, before accessing, browsing and/or using this Website, the User must read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy policy of Toraliu.com. By using this Web Site or by making and/or requesting the purchase of a product through it, the User agrees to be bound by these Terms and Conditions and by all of the above, so if you do not agree with it, you should not use this Web Site.
Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to indistinctly, individually as User or jointly as Users), so that they accept from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- Provide truthful and lawful contact data, for example, e-mail address, postal address and/or other data (See Legal Notice).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.
The Web Site is primarily intended for Users residing in Spain. Toraliu.com does not ensure that the Web Site complies with the laws of other countries, either totally or partially. Toraliu.com disclaims any liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.
The User will be able to formalize, at his choice, with Toraliu.com the contract of sale of the desired products in any of the languages in which the present Conditions are available in this Web Site.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They should follow the online purchase and/or acquisition procedure of Toraliu.com during which several products can be selected and added to the cart, and, finally, click on "Buy".
Los Usuarios debidamente registrados podrán comprar en el Sitio Web por los medios y en la forma establecidos. Deberán seguir el procedimiento de compra y/o adquisición online de Toraliu.com durante el cual se podrán seleccionar varios productos y añadirlos al carrito y, finalmente, hacer clic en "Comprar".
Subsequently, the User will receive an email confirming that Toraliu.com has received his order or purchase request, i.e. the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been included, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. And, where appropriate, through his personal space of connection to the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Toraliu.com using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product in question and which are shown next to the presentation or, where appropriate, image of this on its page on the Website, indicating, by way of example, but not exhaustive, and on a case by case basis: name, price, components, quantity, color, details of the products or features, how they will be carried out and/or cost of services; and acknowledges that the completion of the purchase order or acquisition materializes the full and complete acceptance of the Terms and Conditions.
Unless expressly stated otherwise, Toraliu.com is not the manufacturer of the products sold or that may be marketed on the Web Site. Although Toraliu.com makes every effort to ensure that the information shown on the Web Site is correct, sometimes the packaging and/or the materials and/or components of the products may contain additional or different information from that shown on the Web Site.
Therefore, the User should not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
The communications, purchase orders and payments that intervene during the transactions carried out on the Web Site could be filed and kept in the computerized records of Toraliu.com in order to build a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws, regulations in force in this respect that are applicable, and particularly in compliance with the LOPD and the rights that assist the Users according to the privacy policy of this Web Site.
4. AVAILABILITY
All purchase orders received by Toraliu.com through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (see clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Toraliu.com undertakes to contact the User and reimburse any amount that may have been paid.
5. PRICES AND PAYMENT
The prices displayed on the Web Site are final prices in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.
Shipping costs are not included in the final prices of the products. So Toraliu.com performs the delivery and/or shipping services through a transport company.
Under no circumstances will the Website automatically add additional costs to the price of a product, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted means of payment will be by credit card.
Toraliu.com uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a SSL secure payment system.
In any case, by clicking on "Buy" the User confirms that the payment method used is his or her own or that, if applicable, he or she is the legitimate holder of the card.
6. DELIVERY
In the cases in which it is necessary to physically deliver the product, deliveries will be made within the territory of Spain (Peninsula).
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, attributable to itself, Toraliu.com could not meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to Toraliu.com. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Toraliu.com to arrange delivery on another day.
In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to Toraliu.com, Toraliu.com will understand that the User wishes to withdraw from the purchase and it will be considered resolved. As a consequence of the resolution all payments received from the User will be refunded, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the purchase is considered resolved.
However, the user must bear in mind that the transportation derived from the resolution may have an additional cost that may be charged to him/her.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when Toraliu.com receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Toraliu.com.
In accordance with the provisions of Law 37/1992 of December 28, 1992, on Value Added Tax (VAT), purchase orders for delivery shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he/she detects that there has been an error when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Toraliu.com through the contact spaces provided on the Website, and, if applicable, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information).
Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on "Buy", has access to the space, cart, where they will note their purchase requests and make modifications.
Similarly, the User is referred to consult the Legal Notice and Conditions for more information on how to exercise their right of rectification in accordance with the provisions of the Law on Protection of Personal Data.
8. RETURNS
In cases where the User acquires Producer on or through the Holder's Web Site, the User is entitled to a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the products purchased on the Toraliu.com Website or, in the event that the products making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those products making up the same purchase order.
To exercise this right of withdrawal, the User must notify Toraliu.com of his decision. You may do so, where appropriate, through the contact spaces provided on the Website or through:
Address: email: info@toraliu.com
The user, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchased product.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, Toraliu.com will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Toraliu.com is informed of the decision to withdraw by the User.
Toraliu.com will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Toraliu.com may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User can return or send the products to Toraliu.com: Address: DS POL 73 - PAR 374 SN CH - TORRE DEL RICO - 30529 - JUMILLA (MURCIA)
And it shall do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Toraliu.com was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of the return (transport, delivery) of the products, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the products.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in the General Law for the Defense of Consumers and Users and other complementary laws.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipment error
These are all those cases in which the user considers that, at the time of delivery, the product does not conform to what was stipulated in the purchase order, and that, therefore, should contact Toraliu.com immediately and let you know the existing disagreement (defect / error) by the same means using the contact details provided in the previous section.
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the same.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding Toraliu.com therefore, for lack of conformity of the same that is manifested within a period of two years from delivery of the product.
In this sense, it is understood that the products are conforming and that provided that they conform to the description made by Toraliu.com and possess the qualities presented therein are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the user, the user must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Web Site, may have non-homogeneous characteristics as long as they are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty on the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Toraliu.com accepts no liability for the following losses, regardless of their origin:
Any losses that are not due to any breach on your part,
Any indirect loss which was not reasonably foreseeable by both parties at the time
that the purchase order request for the products has been formalized.
Toraliu.com also limits its liability in the following cases:
It applies all measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
- will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, resulting in delays, losses or theft of the product.
- Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Toraliu.com puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, however, Toraliu.com is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure. In general, Toraliu.com shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events that are beyond our reasonable control, i.e., due to force majeure.
- 10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User accepts that most of the communications with Toraliu.com will be electronic.For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Toraliu.com sends electronically comply with the legal requirements of being in writing. The User may send notifications and/or communicate with Toraliu.com through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.Likewise, unless otherwise stipulated, Toraliu.com may contact and/or notify the User by e-mail or at the postal address provided. - 11. WAIVER
- No waiver by Toraliu.com of a specific legal right or action or the lack of requirement by Toraliu.com of strict compliance by the User of any of its obligations shall imply, nor a waiver of other rights or actions arising from a contract or the Conditions, nor exonerate the User from the fulfillment of its obligations.
- 12. COMPLETE AGREEMENT
- These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between the User and Toraliu.com in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise agreed verbally or in writing by the same parties.
13. DATA PROTECTION
We process the information you provide in order to provide the requested service. The data provided will be kept for the years necessary to comply with legal obligations.
Your data will only be used for the aforementioned purposes and will not be disclosed to third parties, except for those communications to the Authorities, Agencies or Offices of the Public Administrations that were consented by the interested party or person authorized by him for the proper fulfillment of the obligations arising from the contracted services, or that are mandatory or authorized by law.
Toraliu.com guarantees the confidentiality of the personal data contained in its files and will adopt the regulatory measures to avoid, as far as possible, their alteration, loss, processing or unauthorized access. Once the personal data provided is no longer necessary, we will proceed to its cancellation in our files and the destruction or return to the owner of the data, as appropriate, of the media in which the information with personal data provided is collected, without allowing the conservation of copies of such information.
If you wish to exercise your rights of access, rectification, suppression or opposition, you may do so by sending an e-mail to info@toraliu.com.
15. COMPLAINTS AND CLAIMS
The User can send to Toraliu.com their complaints and claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions.
In addition, Toraliu.com has official complaint forms available to consumers and users, which they can request at any time, using the contact details provided at the beginning of these Conditions.
