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I. General conditions
1.1. These general conditions, together with any specific conditions that may be established, will expressly regulate the relations that arise between MARI GOLD PRODUCTION SL, with its registered office in Calvia, Calle Ramon de Moncada 37, with tax identification number B16656605, from here onwards MARI GOLD BEER, from here onwards MARI GOLD BEER) and third parties (from here onwards “Users”) that use the WWW website. MARIGOLDBEER.COM (hereinafter the “Web”), as well as third parties who request the products offered through the same.
Access to and use of the MARI GOLD BEER website is reserved for persons of legal age and is subject to these general conditions.
MARI GOLD BEER reserves the right to unilaterally modify the presentation and configuration of the website at any time without prior notice.
1.2. By using the MARI GOLD BEER website, you acquire the status of User. Both the visit and the use and/or request of any of the products on the Web, imply the acceptance as a User, without reservations of any kind, of each and every one of the General Conditions, as well as, where appropriate, the Special Conditions that, where appropriate, govern the request.
1.3. MARI GOLD BEER may, at any time and without prior notice, modify these General Conditions, by publishing these modifications on the Web, so that they may be known by Users at all times before visiting the Web or requesting any goods offered on the Web.
II. Products offered. Order system
2.1. The products offered on the Web, along with their characteristics, will appear on the screen. Likewise, the shipping costs to the User’s home will appear on the screen, which will always be paid by the buyer. These products will be available for sale while stocks last.
The offers will be duly indicated on the screen. MARI GOLD BEER reserves the right to decide, at any time, the products contained and offered to Users through the Web. In this way, MARI GOLD BEER may at any time add new products to those included on the Web, it being understood, unless otherwise stated, that such new products will be governed by the provisions of the General Conditions in force at that time.
Furthermore, MARI GOLD BEER reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Web.
2.2. To request the products offered on the Web, MARI GOLD BEER will provide Users with a telephone number to place orders, for which said Users must be over eighteen (18) years of age.
III. Payment, delivery and withdrawal of orders
3.1. Payment of the price of the goods ordered and the shipping costs may be made by credit card.
As an electronic payment system, MARI GOLD BEER is attached to the e-commerce payment gateway PAYPAL. All data provided for this purpose are encrypted under the SSL protocol to ensure maximum security.
3.2. MARI GOLD BEER is obliged to deliver the goods requested by the User, to the address indicated by the latter (no products will be delivered to post office boxes or call centres), as soon as possible and, in any case, always within thirty (30) calendar days from the date the order is placed. The shipping costs of the products ordered will be paid by the buyer.
No alcoholic beverages will be supplied to persons under 18 years of age. When placing the order, MARI GOLD BEER will ask for the number of the User’s D.N.I. and when making the delivery the physical document will be requested to verify that it corresponds to the number provided and that it is older than 18 years. In the case of not coinciding and not being older than 18 years, the delivery will not be made.
3.3. The User-buyer will have a period of seven (7) working days, according to the official calendar of their place of residence, to resolve the sale without incurring any penalty or expense, including the cost of returning the property.
The seven-day period established in the previous paragraph will be calculated from the time the buyer receives the purchased goods.
However, if the buyer has become aware of the right of withdrawal after the date of receipt of the goods purchased, the seven-day period shall commence on the date on which he becomes aware of his right to return the goods purchased at his own expense. In any case, it will be understood that the buyer has been aware of the right of withdrawal, from the moment of entering the Web, which requires the reading and acceptance of these General Conditions, and in any case from the moment the order is placed.
Returns of orders must be sent to the address of MARI GOLD BEER, Calle Ramon de Moncada 37, 07180 Calvia. Exercised by the buyer the right of resolution, MARI GOLD BEER will return the amounts received by payment, without any retention, immediately and never within a period exceeding thirty days. Notwithstanding the above, the right of resolution (withdrawal) is excluded in those cases where, due to the nature of the content of the services, it is impossible to carry them out, without prejudice to the claim for damages.
IV. Personal data protection policy
4.1. For the purposes of the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, MARI GOLD BEER informs the User of the existence of an automated personal data file created with the data obtained by and for MARI GOLD BEER, for the purposes of information and marketing of the products offered on the Web, as well as carrying out promotional and advertising activities that may be of interest to you, in order to expand and improve the products offered to your preferences or needs.
4.2. The User expressly accepts the inclusion of the data provided by filling in any form, as well as those derived from the commercial relationship and/or delivery of the products requested, in the automated personal data file referred to in the first section. During the process of collecting the data, the User will be informed of the obligatory or non-obligatory nature of the collection of such data, except for the placing of orders in which case MARI GOLD BEER informs the User from this moment on that it will not be considered of a voluntary nature, so that its inclusion will be necessary for the formalisation of the order, providing the data relating to identity and address.
4.3. The User may exercise, with respect to the data collected in the manner provided for in the previous section, the rights recognised in Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and opposition, if appropriate, as well as the right to revoke consent for the transfer of their data. The rights referred to in the previous paragraph may be exercised by the User, by means of a written and signed request addressed to the following address: MARI GOLD PRODUCTION SL, calle Ramon de Moncada 37, 07180 Calvia. Electronic mail will not be considered as a valid means for this purpose.
4.4. By accepting these conditions, the User expressly consents to the transfer or communication of the data included in the file referred to in section 4.1, to the companies of the MARI GOLD BEER group, whether or not they are located in Spanish territory, and even in the latter case to companies that may be subject to a non-protection regime that is not comparable to that provided by Spanish law, and with the aim that these companies may process their personal data in order to send them offers and advertising messages.
4.5. MARI GOLD BEER commits, in the use of the data included in the file, to respect its confidentiality and to use it according to the purpose of the file, as well as to comply with its obligation to keep it and to adopt all the measures to avoid the alteration, loss, treatment or non authorized access, according to the established in the Regulation of Security Measures of the automated files that contain personal data, approved by the Royal Decree 994/1999, of July 11th.
V. Intellectual and industrial property. Prohibition of hyperlinks
5.1. All the contents shown on the Web and especially, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings or any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of MARI GOLD BEER or third party owners who have duly authorized their inclusion on the Web.
Under no circumstances shall it be understood that any licence is granted or any waiver, transfer, total or partial assignment of said rights is made, nor is any right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of said contents without the prior express authorisation of MARI GOLD BEER or the corresponding owners.
5.3. No link may be established to www.marigolbeer.om from any other website without the prior express consent of MARI GOLD BEER.
VI. Responsibility of MARI GOLD BEER
6.1. MARI GOLD PRODUCTION S.L. is only responsible for the damages that the User may suffer as a consequence of the use of the Website when such damages are attributable to a fraudulent action of the same. The User acknowledges and accepts that the use of the Website, as well as the request for the products, is carried out at his/her own risk and under his/her own responsibility.
MARI GOLD BEER shall not be liable for any damages that may arise from, but are not limited to, the following
– Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the computer equipment and devices of the Users, caused by causes beyond the control of MARI GOLD BEER, which prevent or delay the placing of orders or the browsing of the Website;
– Delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems;
– That may be caused by third parties through illegitimate intromissions outside the control of the Web and that are not attributable to MARI GOLD BEER;
– Differences in the information, documentation and/or other content of the Website that may exist between the electronic and printed versions;
– The impossibility of providing the Service or allowing access for reasons not attributable to MARI GOLD BEER, due to the User, to third parties, or to cases of force majeure;
6.3. MARI GOLD BEER does not control, in general, the use that Users make of the Service. In particular, MARI GOLD BEER does not guarantee under any circumstances that Users will use the Service in accordance with the law, these General Conditions, generally accepted morals and good customs and public order, nor that they will do so in a diligent and prudent manner.
VII. Obligations of the User
7.1. In general, the User is obliged to comply with these General Conditions, as well as with the special warnings or instructions for use contained in them or on the Web, and to act at all times in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service he or she is enjoying, and refraining from using the Web in any way that could prevent, damage or deteriorate the normal operation of the same, the goods or rights of MARI GOLD BEER, its suppliers, the rest of the Users or, in general, any third party.
7.2. Specifically, and without this implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User is obliged, in the use of the Website, as well as in the request for the products to
– Not to introduce, store or spread in or from the Web, any information or material that was defamatory, injurious, obscene, threatening, xenophobic, inciting to violence or to discrimination for reasons of race, sex, ideology, religion or that in any form attempts against the form, the public order, the fundamental rights, the public liberties, the honor, the intimacy or the image of third parties and in general the in force regulation.
– Not to introduce, store or spread through the Web any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that may cause damage to the Web, any of the Services, or any of the equipment, systems or networks of MARI GOLD BEER, of any User, of the suppliers of MARI GOLD BEER or in general of any third party, or that in any other way may be capable of causing any type of alteration or preventing the normal functioning of the same.
– Not to carry out advertising, promotional or commercial exploitation activities through the Web, not to use the contents and in particular the information obtained through the Web to send advertising, to send messages for direct promotion or for any other commercial purpose, nor to collect or store personal data of third parties.
– Do not use false identities, or impersonate others in the use or request of any of the products.
– Not to destroy, alter, disable or damage the data, information, programs or electronic documents of MARI GOLD BEER, its suppliers or third parties.
– Not to introduce, store or disseminate through the Web any content that infringes intellectual or industrial property rights or business secrets of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
For the purposes of these General Conditions, and for any communication that may be necessary between MARI GOLD BEER and the User, the latter must contact the Customer Service Department by means of a written communication addressed to the Customer Service Department of MARI GOLD PRODUCTION S.L., calle Ramon de Moncada 37, 07180 Calvia. Electronic mail will not be considered as a valid means of communication.
Communications from MARI GOLD BEER to the User will be made in accordance with the data provided by the User when placing the order.
IX. Applicable legislation.
9.1. These conditions are governed by Spanish legislation, which will be applicable in the case of anything not provided for in these conditions regarding interpretation, validity and execution.
9.2. In the event of any discrepancy or claim between the parties in relation to the fulfilment or content of these General Conditions, the parties will negotiate in good faith to try to resolve such discrepancy or claim within a maximum period of one (1) month from the date on which either party formally notifies the other that the discrepancy has arisen or notifies the claim.
In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Madrid, expressly waiving their own jurisdiction, if different.