Allgemeine Verkaufsbedingungen

1. GENERAL INFORMATION

The ownership of this website www.viepico.com, (hereinafter Website) is held by: María González Rodríguez, with NIF: 28.826.470H, and whose contact details are:

• Address: Calle Teniente Borges 9
• Contact telephone number: +34 633 20 26 20
• Contact email: info@viepico.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.viepico.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that viépico carries out through the Website includes:

Digital routes with tour guides Gastronomic guide.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and viépico privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Conditions and by all the above, and therefore, if he/she does not agree with all the above, he/she should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

above or, where appropriate, by using the contact form.

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

– To make use of this Website only to make enquiries and legally valid purchases or acquisitions.

– Not to 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.

– To provide truthful and lawful contact details, e.g., e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter contracts through this Website.

The User may, at his/her choice, conclude the contract of sale of the desired products and/or services with viépico in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.viepico.com, during which various products and/or services can be selected and added to the shopping cart, basket, or final purchase space and, finally, click on: “Buy”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an e-mail confirming that viépico has received his or her order or request for purchase and/or service provision, i.e., confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.

Once the purchase procedure has been completed, 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/her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it via 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 and/or service in question and which are shown next to the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, viépico is not the manufacturer of the products sold or that may be marketed on the Website. Although viépico makes every effort to ensure that the information displayed on the Website is correct, the packaging and/or the materials and/or the components of the products may sometimes contain additional or different information from that displayed on the Website. Therefore, the User must consider not only the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.

The User is aware that viépico shows him a series of services for his interest that the owner does not provide directly to the Users, but that will be contracted and provided by a third party other than viépico.

4. AVAILABILITY

All purchase orders received by viépico through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products 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, viépico undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in euros (€) and include taxes, unless, by legal requirement, especially about VAT, a different matter is indicated and applied.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, 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.

The accepted means of payment will be Credit or debit card, and Bank transfer. 

viépico uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards are subject to checks and authorizations by the issuing bank. If the issuing bank does not authorize payment, viépico shall not be liable for any delay or non-delivery and shall not be able to enter any contract with the User.

Once Viépico receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, places established.

In any case, by clicking on “Buy” the User confirms that the payment method used is his or her own.

Purchase or acquisition orders in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the payment system used by viépico for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference number of the transfer. In case of error, viépico will not be able to validate the order, which will be cancelled.

6. DELIVERY

In those cases, in which physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands). 

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization 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 viépico, it is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and he/she may choose to continue with the purchase by setting a new delivery date or to 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 User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery at the agreed time, he/she should contact viépico to arrange delivery on another day.

If 30 days have elapsed since the order has been available for delivery and it has not been delivered for reasons not attributable to viépico, viépico shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without any undue delay and, in any case, within a maximum of 14 calendar days from the date on which the contract is deemed to have been terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered now in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when viépico receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after the complete receipt of the amount paid by viépico.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be in the Spanish VAT territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting viépico through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in clause one (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, or basket where his or her purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series 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 withdraw from said purchase within 14 calendar days without the need for justification.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the viépico Website or in the event that the goods making up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the latter, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

To exercise this right of withdrawal, the User must notify viépico of his decision. They may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally state that he/she intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that viépico makes available as an annexed part of these Conditions, however, its use is not compulsory.

To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, viépico will reimburse the User for all payments received, including shipping costs (except for the 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 viépico is informed of the User’s decision to withdraw.

viépico will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, viépico may withhold this 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 may return or send the products to viépico at: 

And shall do so without any undue delay and, in any case, at the latest within 14 calendar days from the date on which viépico was informed of the withdrawal decision.

The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. Furthermore, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery. 

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users shall not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by viépico, they will have lost their right of withdrawal.

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.

You can download the Model Cancellation Form at the following link: https://gallant-edison.212-227-146-88.plesk.page/modelodedesestimiento/

Return of defective products or delivery 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 contract or purchase order and should therefore contact viépico immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

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, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for products that are returned because of a defect, where such a defect exists, will be refunded in full, including delivery costs and any costs incurred by the User in making 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 given time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys warranties on the products that can be purchased through this Website, in the terms legally established for each type of product. viépico is therefore liable for the lack of conformity of these products that becomes apparent within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description given by viépico and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally put; and they present the usual quality and performance of a product of the same type and that they are fundamentally to be expected of it. When this is not the case about the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form 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 a product of a brand or manufactured by a third party on the Website. In this case and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. To do so, the User must have retained all information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, viépico accepts no liability for the following losses, irrespective of their origin:

– any losses that are not attributable to any breach by you.

– business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of

– any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the parties.

Viépico also limits its liability in the following cases:

– viépico applies all measures concerning to provide a faithful display of the product on the Website, 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 being used or others of this nature.

– viépico will act with the utmost diligence to provide the company in charge of transporting the product that is the object of the purchase order. However, viépico shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, losses or theft of the product.

– Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the website due to maintenance or other reasons, which prevents the availability of the service. viépico makes every effort to carry out the purchase process, payment, and shipping/delivery of the products, however, viépico is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.

– viépico shall not be held responsible for misuse and/or wear and tear of the products that have been used by the User. At the same time, viépico cannot be held responsible for an incorrect return made by the user. It is the responsibility of the user to return the correct product.

– In general, viépico shall not be liable for any failure or delay in the fulfilment of any of the obligations undertaken, when this is due to events that are beyond its reasonable control, i.e., that are

due to force majeure, which may include, but is not limited to, the following:

o Strikes, lockouts, or other industrial action.

o Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

o Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.

o Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.

o Impossibility of using public or private telecommunications systems.

o Acts, decrees, legislation, regulations or restrictions of any government or authority.

Thus, the obligations shall be suspended for the period during which the force majeure continues, and viépico shall have an extension of the deadline for performance for a period equal to the duration of the force majeure. viépico shall use all reasonable means to find a solution that will enable it to fulfil its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with viépico will be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that viépico sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User’s statutory rights.

The User may send notifications and/or communicate with viépico through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, viépico may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by viépico of any specific legal right or action or failure by viépico to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by viépico of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. VOID

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.

13. ENTIRE AGREEMENT

The present conditions and any other document expressly referred to in these conditions constitute the entire agreement between the user and viépico in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise made verbally or in writing by the same parties.

The User and viépico acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or data of a personal nature that the User provides to viépico during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between viépico and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send viépico his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).

Furthermore, viépico has official complaint forms available to consumers and users, which they can request from viépico at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between viépico and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.