Conditions of Use and Contract
Last update: June 28, 2022
1.- Ownership
The owner of this website and responsible for the treatment of this website is Rooster Developments SLU (hereinafter the "Service"), with address at C/ Gerreria 16, Entresuelo, CP 07002, Palma de Mallorca, Balearic Islands, Spain.
Email: comercial@breezeh2o.com
NIF: B42965525
Rooster Developments SLU is registered in the Mercantile Registry of the Balearic Islands, volume 2888, folio 122, inscription 1 and with page PM-90517.
The use of the website attributes the condition of user, and with this you accept the terms and conditions indicated below: these Conditions of Use and Privacy and our Cookies Policy.
2.- Acceptance
The Service is available to any user, for their own consumption and subject to the following terms and conditions: these Conditions of Use and Contracting, our Privacy Policy and Cookies Policy, which will also always be available at the bottom of the online site and will not It must not be used for illicit purposes or in a manner other than that contemplated in them.
3.- Description of the Service
Through the Service, you can purchase Breeze, fog water, sustainable bottled water without any processing, filtered by nature in its evaporation, with ultra-low mineralization and without soil impurities. You can also purchase spirits made with fog water, distilled beverages and tasting workshops through the website.
The language in which the contract between the Service and the buyer will be concluded will be Spanish.
The purchase process in the online store will be as follows:
- The catalog of products and services divided into categories appears on the website so that you can select the one you want.
- After selecting the product, it will be included in the shopping cart. At that time you can continue buying more products/services or checkout.
- Once the selection is complete, your personal data, the billing address, the delivery system and the payment method will be filled in.
- In the last phase, a summary of the items purchased, payment method, delivery method, acceptance of the terms and conditions of the Service and the button to confirm the purchase will be presented.
On the other hand, we inform you that for legal reasons we archive the electronic documents in which the purchases are formalized in your profile. You can access these documents at any time in your account or by requesting it at: comercial@breezeh2o.com
In this sense, as a user of the Service you agree to receive electronically the invoices of your purchases. In any case, whenever you request it, the invoice will be sent to you in paper format at the address you indicate. For more information, contact us at: ccommercial@breezeh2o.com
Likewise, during the purchase process you can modify the number of units, change the delivery and billing addresses, the payment method and the delivery system. To do this, you must go back on the corresponding button when possible and before the final acceptance of the sale.
Once the sale has been made, it will be confirmed by sending an email, within a maximum period of 24 hours, to the address you have indicated. It will indicate the product purchased, its amount, applicable taxes, shipping costs, the method of payment, the place and time of delivery and the applicable terms and conditions.
4.- External links
You may be directed to other websites through links from the Service. However, the Service does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, the Service is not responsible for the quality, truth or accuracy of those sites.
5.- Age
Regarding the use of the website, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and use the site in accordance with its terms and conditions, which you fully understand and acknowledge.
In addition, you affirm that you have the consent and/or legal authorization of the third parties whose data and photographs you share through the web, especially in the case of minors.
You declare that all the information you provide to access the Service, before and during its use, is true, complete and accurate.
6.- Intellectual and industrial property
6.1.- Own content
The content and information of the Service (among other data, text, sound, video, image or computer code), as well as the infrastructure used to provide such content and information, is owned by the Service or has the corresponding authorizations for its use. .
In addition, the client is not transferred any intellectual or industrial property rights over the website or any of its component elements, the reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding or the use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.
For any other use of the content of the Service you need our prior written consent.
6.2.- User content
As a user you can contribute to the Service in various ways, such as sending emails or submitting suggestions (hereinafter "Content").
We may use that Content in a variety of ways, including displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, creating derivative works from it, promoting it, and distributing it.
Therefore, the Content remains your property but by submitting it you grant the Service a worldwide, non-exclusive, free, until content removal, transferable and sublicensable license on that Content.
7.- Product delivery and availability
The usual delivery times will be indicated to you during the purchase process.
In any case, the delivery date at your home may change depending on the availability of the chosen product, the warehouse of origin, the shipping area or the specific circumstances of each order. It can also change due to extraordinary incidents in the carrier, meteorological causes or any other type of similar difficulties in the delivery of the merchandise.
In any case, remember that deliveries are made every day of the week except Saturdays, Sundays and holidays.
On the other hand, if the purchased product or service is not available, the consumer will be informed through the web and he will not be able to select it for its acquisition or purchase. In that case, we will offer you an alternative of equal or superior quality, with the corresponding price adjustment, and that you can freely accept or reject.
8.- Price and taxes
The prices of the products or services offered are indicated in euros (€), with the Value Added Tax (VAT) in force at the time of purchase being recorded on the price.
In any case, the operation could be exempt or not subject to VAT depending on your country of residence or the condition in which you act. For this reason, in some cases the final price of the order may be altered with respect to the one shown.
The price of the products or services will be the one stipulated at any time on the website, except in the event of a manifest error. Although we try to ensure that all prices on the website are correct, errors may occur.
If an error is discovered in the price of the products or services that the customer has ordered, the Service, after informing him as soon as possible, will give him the option of reconfirming his order at the correct price or canceling it. If the Service fails to contact the customer, the order will be considered canceled and the amounts that have been paid will be fully refunded.
The Service is not obligated to supply products or services (even if the Shipping Confirmation has been sent) if the pricing error is obvious and unmistakable and could reasonably have been recognized by the customer as an incorrect price.
The prices of the products or services may vary, but (except as established above) the possible changes will not affect the orders with respect to which a shipping confirmation has already been sent.
Finally, the buyer undertakes to use the website diligently and in good faith, to satisfy the payment of the established price and is responsible for the veracity of the data provided required for the transaction.
For any clarification, incident or claim, you can contact us at the following email: comercial@breezeh2o.com
9.- Shipping costs
A fixed amount is added to the prices indicated for each product for shipping costs, indicated in each case during the purchase process. The places of shipment, type of delivery and the applicable amounts will be indicated to the consumer during the purchase process.
10.- Payment method
The online payment of the purchased products must be made in advance in full and through:
- Credit and debit card: Visa and Mastercard
- PayPal
In this sense, the Service informs credit and debit card holders that transactions in the online store are carried out on a secure payment gateway, using TLS technology to guarantee data transmission security.
11.- Right of withdrawal, returns and refunds
11.1.- Right of withdrawal
You can cancel your order at any time and at no cost as long as you notify it before the order has been made available to the carrier for shipment.
If the amount of the requested product had already been charged before the cancellation, the term for reimbursement will be up to 14 calendar days from when Breezeh2o has been informed of the decision to cancel the order.
However, if these have already been made available to the carrier and given the type of products sold in our online store, the right of withdrawal will not apply in the following cases:
- Sealed foods that are not suitable to be returned for reasons of health protection or hygiene if they have been unsealed after delivery according to the article 103, letter e) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. Such as preserves, packaged or packaged products.
for items not unsealed, The client will have the right to withdraw from the contract for a period of 14 calendar days without giving a reason.
To exercise the right of withdrawal you must notify us at C/ Gerreria 16, Entresuelo, CP 07002, Palma de Mallorca, Balearic Islands, Spain. You can also do it by email at comercial@breezeh2o.com
In any case, you must notify us of your decision in a way that allows us to verify that the products have been purchased in our store and that the term to withdraw from the contract is still valid.
Although it is not mandatory, you can use the withdrawal form model that we provide you in the Exhibit at the end of these terms and conditions.
If you exercise your right of withdrawal, we will refund all payments received, including shipping costs, where appropriate, within a maximum of 14 calendar days from the date on which you inform us of your decision, as long as we have previously received the goods. or you have provided proof of submission, depending on which condition is met first. In any case, the direct costs of returning the goods must be borne by you.
We will make said refund using the same means of payment that you used for the initial transaction, unless you expressly indicate otherwise.
11.2.- Returns and commercial guarantee
As a seller, the Service will be liable for any lack of conformity that becomes apparent within a period of three years from delivery in the case of goods or two years in the case of digital content or services. In such cases, the consumer and user may choose between demanding repair (in the event that they were goods that can be repaired) or replacement of the product, unless one of these two options is objectively impossible or disproportionate.
In cases where due to the expenses involved in the repair or replacement, in relation to the value of the product, a price reduction will be offered.
For the exercise of this right, the consumer and user must inform the seller of the lack of conformity, taking into account the moment from which he became aware of it and it must always be taken into account that the lack of conformity that he alleges and the moment in which The allegation must be compatible with the nature of the product or service.
The exercise of this right will be free for the consumer. Both to exercise it and to request more information, contact us at comercial@breezeh2o.com.
Once the request has been confirmed, and in the case of a product, the carrier will contact you to specify the day and time of collection, without additional charges.
On the other hand, if by mistake a product other than the one requested is delivered to you, notify us at comercial@breezeh2o.com and the correct product will be delivered to you, picking up the first one, at no additional charge to you.
11.3.- Cancellations and refunds
In the case of tastings or other activities that can be purchased through the Service, the user can cancel up to 48 hours before, and the Service must pay the amounts paid by it.
12.- Validity of offers
The products offered in the Service, and their prices, will be available for purchase while they are in the catalog of products displayed through this website.
In any case, the Service reserves the right to make the modifications it deems appropriate to the Service, being able to update products and services depending on the market.
The Service reserves the right to change prices without prior notice.
We inform you that despite the updates that are made to the prices of the Service, they may contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.
Likewise, the Service may, at its sole discretion, create promotional codes that may be redeemed for products or as a discount on part of the price of the products to be purchased by the user, subject to these conditions or any additional conditions that the Service establishes. specifically for each promotional code.
If you use promotional codes you agree that:
- They should only be used for their intended purpose and in a lawful manner.
- They may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), except with the permission of the Service.
- They may be invalidated by the Service if non-compliance or fraud is detected in their use.
- They may be used only in accordance with the specific conditions that the Service establishes for said promotional code.
- They could, depending on their terms, expire before you use them.
13.- Security
As indicated above, the entire purchase and sale procedure, as well as the transmission of your personal data and payment systems, is carried out on a secure page and encrypted through the TLS protocol.
We guarantee the security of the Service in accordance with the present technological knowledge. However, the Service cannot guarantee the total future security of the Service. In any case, we do undertake to correct and implement the appropriate corrective measures to correct a possible security flaw as soon as possible.
You agree to notify the Service, immediately and through the email comercial@breezeh2o.com, of any situation that could lead to the impersonation of a user's identity.
14.- Exclusion of guarantees and liability
The Service will apply its utmost diligence to provide the same, including the accuracy, completeness or timeliness of the contents and the availability and continuity of the Service's operation.
In any case, the user understands that the Service could contain errors and omissions that will be corrected as soon as they are detected or communicated. On the other hand, the Service will try to warn sufficiently in advance of the interruptions that may occur in the operation of the Service.
In any case, the Service is not responsible for the level of utility that users may have attributed to it.
Likewise, the Service excludes any responsibility for damages of any nature that could be due to the use of the same and its contents by users, clients or professionals, or that may be due to the lack of veracity, validity or authenticity. of the information that users provide to others about themselves. In particular, the Service excludes any liability for damages of any nature that may be due to the impersonation of the personality of a third party carried out by a user in any kind of communication made through the Service.
15.- Modifications and nullity
We may update the terms and conditions of the Service in the future, as well as features and functions of the Service itself.
We will notify you of changes to the terms and conditions by placing a notice in a prominent place on our website and/or by email.
If any clause included in these terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The terms and conditions will subsist in everything else, having such provision, or the part of it that is affected, as not set.
16.- Claims and actions derived from the contract
In case of dispute, this Service is subject to the legislation and courts of the consumer's domicile.
If the person contracting the Service does not have the legal status of consumer, in the event of a dispute, the parties submit to the courts of Palma de Mallorca and to Spanish law.
In this sense, and in accordance with the applicable regulations, the Service informs of the existence of a European online dispute resolution platform that facilitates the extrajudicial resolution of said disputes for contracts also concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr
17.- Customer service and contact
For any clarification, incidence or claim, you can contact us through:
E-mail: comercial@breezeh2.com
Postal address: C/ Gerreria 16, Entresuelo, CP 07002, Palma de Mallorca, Balearic Islands, Spain.
ANNEX – Document to exercise the right of withdrawal
Rooster Developments SLU
NIF: B42965525
C/ Gerreria 16, Mezzanine, CP 07002, Palma de Mallorca, Balearic Islands, Spain.
comercial@breezeh2o.com
By means of the following document, I inform you that I withdraw from the contract for the sale of the following good/service _____________________________ signed with you on the ___ day of _______________, ____________.
Personal data of the client (fill in capital letters)
Name and surname _____________________________________________________
Address _______________________________________ No. __ Floor ____ Pta. ____
- Postal __________________ City ___________________________________
Province ________________________________ Telephone ____________________
Email ______________________________________________________
This document will only take effect up to fourteen (14) calendar days from receipt of the product or from contracting, in the case of services.
Date __________________________
Signature:
When you send us the withdrawal document, you accept that we collect and process your personal data as established in our Privacy Policy. We collect the data in order to be able to attend to your request as a client, the legal basis for this being the contract. In any case, you can exercise at any time the rights of access, rectification, deletion, limitation of your treatment, opposition and portability of your data by mail or email, as indicated in our Privacy Policy.
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