The present General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy and Cookies Policythe access and use of the website www.mesa16.com. Simple access to the Portal confers the condition of Portal User (hereinafter, "the User") and implies acceptance of all the terms included in these General Conditions. If the User does not agree with these General Conditions, he/she must immediately leave the Portal without using it.
By accepting these General Conditions, the User declares:
That he/she has read, understands and comprehends what is set forth herein.
That he/she is of legal age in accordance with the regulations in force in his/her place of residence, otherwise the minor must have the authorization of his/her legal representatives.
That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.
That he/she assumes all the obligations set forth herein.
The User must read these General Conditions carefully each time he/she accesses the Portal, as the Portal and these General Conditions may undergo modifications.
The owner of the Portal reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of any elements that make up the design and configuration of the Portal.
The modification of these General Conditions will not affect the goods or promotions that had been acquired prior to such modification.
In the event that MESA 16 entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties acknowledge that the only valid version of these conditions at any given time is the one that appears in the database of the trusted third party.
1. General information of the Portal
In compliance with the established by the article 10 of the Law 34/2002, of July 11th, of services of the information society and electronic commerce, next the general information of the Portal is offered
:Holder: BLUE JAY SPIRITS S.L. (hereinafter, "MESA 16").
Registered office: C/ Sagasta, 23. - 28004 Madrid.
C.I.F.: B-42703686E-mail
:
contact@mesa16.comDatos registry: Companies Register of Alicante, volume 4293, folio 60, page number A-169.725.
2. Conditions of Use
2.1. Access to the Portal
Simple access to the Portal is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
2.2. Need for Registration
The use of certain services and content may be subject to prior registration by the User.
The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the safekeeping 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.
2.3. Rules for use of the Portal
The User undertakes to use the Portal and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Portal 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.
The User undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions.
I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.
II.- Not to introduce or disseminate on the network data programs (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 the fundamental rights and public freedoms recognized constitutionally 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 unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
VII.- Not to impersonate other Users by using their registration codes for the different services and/or contents of the Portal.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Portal or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
The User undertakes to hold MESA 16 harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User's failure to comply with any of the aforementioned rules of use, and MESA 16 also reserves the right to request the corresponding compensation for damages.
2.4. Exclusion of Liability
Access by the User to the Portal does not imply for MESA 16 the obligation to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
MESA 16 is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Portal.
MESA 16 is not responsible for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.
2.5. Contents and services linked through the Portal
The service of access to the Portal may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, "Linked Sites"). In these cases, MESA 16 will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify MESA 16, without in any case this communication entails the obligation to remove the corresponding link.
In no case shall the existence of Linked Sites presuppose the formalization of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of MESA 16 with the statements, content or services provided.
MESA 16 does not know the contents and services of the Linked Sites and, therefore, is not liable for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to MESA 16.
2.6. Intellectual and industrial property
All the contents of the Portal, 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 MESA 16 or third parties, and none of the exploitation rights recognized by current legislation on intellectual property on the same may be understood to have been transferred to the User.
The trademarks, trade names or distinctive signs are owned by MESA 16 or third parties, without it being understood that access to the Portal attributes any right over them.
In any case, the User knows and accepts that the ratings and comments made about the products available through the Portal may be accessible to the rest of the Portal Users, including the identity of its author.
For all comments freely hosted by the User on the Portal, whether or not they include an opinion or description of the products offered (hereinafter, "the Contents"), the User grants MESA 16 a non-exclusive, worldwide license for the maximum duration provided for by law, free of charge. On the basis of this license, MESA 16 may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of providing the services offered by MESA 16 and advertising its products and services.
3. CONTRACTING CONDITIONS
3.1. User Registration
It is not necessary to register on the website, or provide any personal data, to browse it. However, when placing an order you will need to be logged in, and to do so you must register beforehand.
3.2. The Cava
Access to this section of mesa16.com is reserved for customers who meet the requirements established by Mesa 16.
Access is by invitation only.
The content of this section is exclusive to members who belong to it.
3.3. 100% Satisfaction Guarantee
The products marketed through this website have the guarantees offered by the producers of the same. In those incidents that justify the use of the warranty, you will opt for repair, replacement of the article, discount or refund, in the legally established terms. The Royal Legislative Decree 1/2007 of 16 November grants durable goods a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
The User must return the remaining units of the product that have not been tasted in perfect condition (not damaged, soiled or opened by the User), correctly protected and, ideally, in their original packaging. After verification by MESA 16 of the good condition of the products, the amount corresponding to the returned units will be refunded within a maximum period of 10 calendar days using the same means of payment that the User used for the initial purchase. This guarantee does not extend to return transport costs, which shall be borne by the User.
3.4. Selection of products by the User
Any registered User may contract through the Portal the purchase of products.
The purchase process in MESA 16 is based on a virtual basket, to which the User can add the products he/she wishes to purchase.
To add products to the shopping basket, once the User is on the product description page and has selected the customization options available, he/she must select the option "Add to basket" provided.
At any time the User can access and modify the contents of the basket.
3.5. Order processing
Once the products that the User wishes to purchase are in the shopping basket, the User may begin to process the order by selecting the option "View basket", an option that will show the User the contents of the virtual basket, allowing the modification of the selected products and their elimination from the shopping basket.
The User must make sure that the products shown on the screen are the ones he/she wishes to purchase and select from the geographical areas listed the one corresponding to the delivery address. At this point, the total price of the selected products and the shipping costs generated are shown. Also in this section, the user can view, where appropriate, promotions automatically applied to your order, use promotional codes and / or gift vouchers available to you.
By clicking "NEXT", the User accesses a panel where he/she must indicate the shipping information; to continue with the contracting process, the User must fill in the shipping information, including his/her full name, telephone number and address, filling in all the fields marked as obligatory. In this section the User may include any useful information that he/she considers necessary for the courier, although MESA 16 cannot guarantee that this will be fulfilled.
If the User wishes the billing address to be different from the delivery address, he/she must check the box "My billing address is different from the delivery address" and fill in the corresponding information. In this same section, the User can add a message for the recipient, especially indicated in the case of gifts.
In the next phase of the purchase process, the User must select the payment method. At this point, the User is again informed of the exact amount to be paid, resulting from adding the price of the products and the shipping costs, net of any promotional discount and/or gift voucher.
By following the link "PLACE ORDER", the User will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an email to the User confirming the operation.
3.6. Price of the products
The prices of the products are those indicated in the description attached to them. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).
3.7. Confirmation of Receipt of Acceptance
Once the purchase process is completed, the User will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, shipping method selected, date of contract, order number and delivery date. Likewise, a permanent link to the present contracting conditions will be sent to the e-mail address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time to MESA 16 or any third party designated for registration and version control, if applicable.
4. NULLITY AND INEFFECTIVENESS OF THE CLAUSES.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect such provision or the part of it that is null or ineffective, subsisting these General Conditions in all other respects, considering such provision totally or partially as not included.
5. APPLICABLE LAW AND COMPETENT JURISDICTION
In accordance with EU Regulation N°524/2013, we inform you that you have the right to request with us an out-of-court settlement of consumer disputes accessible via the Internet address https://ec.europa.eu/consumers/odr/.
These General Conditions shall be governed by and construed in accordance with Spanish law. MESA 16 and the User agree to submit any dispute that may arise from the provision of the products or services covered by these General Conditions to the Courts and Tribunals corresponding to the User's address.