General Terms and Conditions of Use and Terms and Conditions of Business
In compliance with the provisions of article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, the general information on the website https://soundcask.eu/ (hereinafter “SOUNDCASK.EU or WEBSITE”) is provided below.
The products and/or services purchased on this WEBSITE (hereinafter, “PRODUCTS”) are sold directly by the company MARIA EUGENIA RODRIGUEZ GALLEGO, owner of the alcoholic beverage brand SOUNDCASK (hereinafter, “SOUNDCASK.ES”) with registered office at Calle Sevilla nº 30-32, 11540 Sanlúcar de Barrameda, Cádiz, Spain and with tax identification number 52338443B.
The customer service e-mail address is email@example.com and the contact telephone number is 675869802.
2.1. SOUNDCASK makes available through this WEBSITE or any other means it may establish in the future, the distance sale of alcoholic beverages or any other products or services aimed at Users (hereinafter “USERS” or “CUSTOMERS”).
3.2. SOUNDCASK.EU may always expand or modify its products and services by adding or substituting new products, services, activities or content.
3. CONDITIONS OF USE
3.1. Acceptance of the terms and conditions of use and contracting
3.1.2. The USER must read these General Conditions carefully each time he/she accesses the WEBSITE, as these General Conditions may undergo modifications.
THE USER declares:
3.1.3 SOUNDCASK.EU 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 all the elements that make up the design and configuration of the WEBSITE.
3.2 Access to the WEBSITE and age of majority (+18 years)
3.2.1. Access to the WEBSITE is free of charge, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the USER.
3.2.2. Given that the contents and services of the WEBSITE deal, among other products, with alcoholic beverages, access to the WEBSITE is only permitted to those of legal age in accordance with the regulations of their state of residence. Please leave the WEBSITE immediately if you are a minor.
3.3. Registration requirement
3.3.1. In general, in order to access the services and contents of the WEBSITE it will not be necessary for the USER to register. However, the use of certain services and content may be conditional upon the prior registration of the USER.
3.3.2. The data entered by the USER must be accurate, current and truthful at all times. The registered USER will be responsible at all times for the custody of his/her password, assuming 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 the services and contents carried out under the password of a registered USER shall be deemed to have been carried out by said registered USER, who shall be liable in all cases for said access and use.
3.4. Rules of Use
3.4.1. The USER undertakes to use the WEBSITE and all its content and services in accordance with the law, morality, public order and these General Terms and Conditions.
3.4.2. Likewise, the user undertakes to make appropriate use of the services and/or contents of the WEBSITE and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
3.4.3.The USER undertakes not to transmit, introduce, disseminate or make available to third parties any type of material and information such as data, content, messages, drawings,
sound and image files, photographs or software that are contrary to law, morality, public order and these General Conditions. By way of example, and in no case shall the following apply
limited or exclusive, the User undertakes to:
l.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature, or any other content or propaganda that is an affront to human rights, or any content or propaganda that encourages the irresponsible consumption of alcohol.
ll.- Not to introduce or disseminate on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and freedoms.
public rights recognised in the constitution and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V.- Not to transmit unsolicited or unauthorised advertising, publicity material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of unsolicited mailing, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI.- Not to impersonate other Users by using their registration codes for the different services and/or contents of the Website.
VII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates intellectual property rights.
and industrial property rights, patents, trademarks or copyrights belonging to the owners of the Website or to third parties.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the secrecy of communications and data protection legislation. The USER undertakes to hold SOUNDCASK.EU harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the non-compliance by the USER of any of the rules of use mentioned above.
SOUNDCASK.EU reserves the right to claim compensation for damages.
3.5. Exclusion of liability
3.5.1. Access by the USER to the WEBSITE does not imply any obligation on the part of SOUNDCASK.EU to check for the absence of viruses, worms or any other harmful computer element.
It is the responsibility of the USER, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programmes.
3.5.2. SOUNDCASK.EU is not responsible for any damage caused to the software and computer equipment of the USERS or third parties during the use of the services offered on
3.5.3 SOUNDCASK.EU is not responsible for damages of any kind caused to the USER as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the WEBSITE service during or prior to the provision of the same.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
4.1. All the contents of the WEBSITE, including but not limited to texts, photographs, 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 SOUNDCASK.EU or of third parties, and none of the exploitation rights recognised by the current legislation on intellectual property on the same may be understood to have been ceded to the USER.
4.2. The trademarks, commercial names and distinctive signs are owned by SOUNDCASK.EU or third parties, and access to the WEBSITE may not be construed as attributing any right over them.
5. TERMS AND CONDITIONS OF EMPLOYMENT
5.1. Scope of application
5.1.1 These general terms and conditions apply to purchases made by USERS through SOUNDCASK.EU.
5.2. Formalisation of the purchase
The procedure for purchasing products through the WEBSITE is as follows:
5.2.1. Start the process by clicking on the “Buy” button next to each product.
5.2.2. Select the product units you wish to purchase. Before finalising the purchase, the USER must enter their delivery address for the correct reception of their order.
5.2.3. In the event that a discount or gift voucher is available, the USER must include it on the CART page or on the FINISH SHOPPING page, also known as CHECK OUT. In the event that the coupon is not inserted in the space provided and the
order without discount, the USER shall not be able to claim the application of the discount after the order has been confirmed.
5.2.4. The USER must select one of the available payment methods provided by SOUNDCASK.EU.
5.2.5. Finally, the USER must click on the “Pay securely” button. The USER will receive confirmation of acceptance of their order by means of an on-screen message and by e-mail to the account previously provided.
5.2.6. The USER assumes responsibility for the correct and truthful entry of the product delivery data, and SOUNDCASK.EU assumes no liability in the event that the delivery cannot be carried out due to inaccuracy or incorrectness of the data.
5.2.7. In the case of payment by bank transfer, SOUNDCASK.EU cannot guarantee that the price of the product will be maintained beyond 48 hours and that there will not be sufficient stock.
5.2.8. If SOUNDCASK.EU is unable to fulfil an Order received, it will immediately notify the USER before sending the Acceptance Receipt for the Order.
5.2.9. SOUNDCASK.EU offers USERS a service for the purchase of consumer products, whether they are individuals or companies. If users are legal persons, consumer legislation does not apply to them, by way of illustration but not as a legal entity.
rights such as the right of withdrawal shall not apply to them.
5.3.0. SOUNDCASK will issue an invoice for each USER who has requested it and who, for this purpose, has entered their Tax Identification Number (DNI or CIF) in the corresponding order form. In this sense, the information provided by the USER at the time of the order must be valid. If the USER chooses not to enter his/her tax identification number, SOUNDCASK.EU will not issue the corresponding invoice.
5.3.1. All prices and consumption taxes of the products published on the WEBSITE are indicated and detailed.
5.3.2. Prices shall be quoted in euro.
5.4.1. The USER will be able to pay for purchases made through the means that SOUNDCASK.EU makes available on its WEBSITE as indicated in the Payment Methods section. In any case, these shall be systems that guarantee the security of the payment..
5.4.2. SOUNDCASK.EU reserves the right to use electronic means of payment of third parties and/or financial institutions to manage payments made by USERS through the WEBSITE, in collaboration with the providers of means of payment.
5.4.3. SOUNDCASK.EU does not have access to the bank details linked to the USERS’ means of payment and does not know or record these details during the payment transaction.
5.4.4. SOUNDCASK.EU reserves the right to refuse or cancel, with prior notice to the USER, at its sole discretion, any orders which may contain the following information (i) glaring inaccuracies or errors in the product, (ii) inaccuracies or manifest errors in the
(iii) any suspicion of fraud or of the provision of significant false, incomplete or inaccurate data by USERS.
5.4.5. To proceed to 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 the transfer should be made, the amount and the reference to be attached to speed up the process of final acceptance of your order. The order will be processed once the full amount of the order has been received and the period of delivery days communicated to the USER will begin to run from receipt of the full amount. Orders placed by bank transfer are valid for 48 hours. Any payments made after that time may be subject to changes in product availability or prices.
5.4.6. In case of payment by PayPal and if you have created a payment agreement with PayPal by ticking the “Remember PayPal details” box and you wish to cancel this agreement, you can do so by accessing your PayPal account and cancelling the agreement. The USER declares that in this case their data are processed by PayPal.
5.5. Shipping and delivery costs
5.5.1. The shipping costs of the USER’s orders shall be borne by the USER, unless expressly stated otherwise.
5.5.2. SOUNDCASK.EU will indicate the price of shipping costs in the order process; these costs must be approved by the USER prior to acceptance of the order, unless they are included in the price. SOUNDCASK.EU will indicate to the USER in advance in the purchase process any additional costs incurred in the contracting process.
5.5.3. SOUNDCASK.EU will inform the USER of the estimated delivery times of the order during the purchase process. The delivery times indicated in the order are only an estimate.
5.5.4. It is the USER’s responsibility to check the order at the time of delivery and to make any claims that he/she deems justified, such as product breakages or missing products. In the event that the USER does not indicate to the carrier at the time of delivery and on the relevant document (delivery note) any anomaly with the order received (breakage, missing goods, wrong products), SOUNDCASK.EU shall not be liable for any claims or costs arising from a subsequent claim. SOUNDCASK.EU may request, in the event of any complaint from the USER due to an incident in the delivery, photographs to confirm the complaint.
5.5.5. Orders will be delivered to the delivery address freely designated by the USER on the order form, provided that the address is included in the available delivery areas. SOUNDCASK.EU will not assume any responsibility when the delivery of the product does not take place as a consequence of the inaccuracy or falsity of the data provided by the USER for this purpose, as well as in the event that the delivery does not take place.
can be carried out for reasons beyond the control of the delivery company assigned for this purpose, such as the absence of the addressee.
5.5.6 Deliveries are made on working days (Monday to Friday) and during business hours (from 9am to 7pm). No deliveries will be offered on weekends or out of business hours and on weekends or public holidays regardless of whether the USER requests these options in their order or in any communication to the SOUNDCASK.EU team.
5.6. Withdrawal and return
5.6.1. Orders can be cancelled free of charge up to the moment the shipment has been prepared for dispatch to the CUSTOMER. If the user’s cancellation request arrives after the order has been prepared, the cancellation request will be considered a return by the CUSTOMER.
5.6.2. The CUSTOMER may freely withdraw from the purchase contract, without stating the reasons, within fourteen (14) calendar days following the date of receipt of the
product. The date of the receipt certifying the delivery of the product shall serve to start the calculation of the period of fourteen (14) days mentioned above.
5.6.3. To exercise the right of withdrawal, the CUSTOMER must communicate this to the e-mail address firstname.lastname@example.org, indicating for identification and management purposes the e-mail address used for the purchase and the order number. SOUNDCASK.EU will reply to the CUSTOMER specifying the precise instructions for exercising the right of withdrawal.
5.6.4 The CUSTOMER shall bear the costs and other formalities associated with the return of the product, which must be packaged and sent securely, so that the returned goods arrive in perfect condition. The CUSTOMER shall be responsible for any defect, damage or harm suffered by the product in this process.
5.6.5. SOUNDCASK.EU, in the case of cancellation of the order, will reimburse the total amount of the order minus the collection costs, through the same payment method used by the CUSTOMER to purchase the product within a maximum period of fourteen (14) calendar days from the verification of the correct condition of the product sent by the CUSTOMER to SOUNDCASK.EU.
5.6.6. SOUNDCASK.EU will only accept the return of the product when the use of the product has been limited to the mere verification of the good condition of the said product by the CLIENT in accordance with current legislation.
5.6.7. SOUNDCASK.EU will not accept the return of any product that suffers damage attributed to the CUSTOMER.
5.6.8. The product must be returned in its original packaging and in perfect condition, i.e. not damaged or soiled by the CUSTOMER, and will be sent to the place indicated by SOUNDCASK.EU in the instructions sent to the CUSTOMER. The packaging shall also
be fully and completely identified in order to know who the sender is. If the goods are not sent in the conditions described in these terms, they will be subject to depreciation, which shall be paid by the CUSTOMER.
5.6.9. Withdrawal is not possible in the cases contemplated in article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users. In the case of personalised products and perishable products, the return is not possible without
without prejudice to the foregoing, in case of doubt, the CUSTOMER may contact SOUNDCASK.EU beforehand.
5.6.10. In the event of a delivery error or product defect, SOUNDCASK.EU undertakes to exchange the defective product for an identical one, subject to availability. SOUNDCASK.EU will pay the return and shipping costs. In the event that the exchange cannot be made, the amount of the product will be refunded within 14 calendar days. To make a return please contact us.
PERSONAL DATA PROTECTION AND COOKIES
This website also uses its own and third-party cookies as detailed in the Cookies Policy.
7. LIMITATION OF LIABILITY
7.1. All information published on the WEBSITE is for illustrative purposes only and is not exhaustive or exclusive. SOUNDCASK.EU merely publishes such information, after having carried out the relevant checks, without assuming any responsibility for the veracity of such information.
7.2. The images illustrating the products published on the WEBSITE have been provided by the managers of the different brands associated with SOUNDCASK.EU and special care has been taken to eliminate any type of error. However, if the USER finds any error, he/she can inform SOUNDCASK.EU through the customer service department and SOUNDCASK.EU will resolve it as soon as possible.
8. NULLITY AND UNENFORCEABILITY OF CLAUSES
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or that part of it which is null and void or ineffective, and these General Conditions shall continue to apply. General Conditions in all other respects and such provision shall be deemed not to be included in whole or in part.
9. APPLICABLE LAW AND JURISDICTION
9.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.
9.2. The parties submit, at their choice, to the courts and tribunals of Sanlúcar de Barrameda, Cádiz, for the resolution of conflicts and renouncing any other jurisdiction.