Términos del servicio
TERMINOS Y CONDICIONES BOOZE DELIVERY MARBELLA
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following is stated:
1. Identifying Data: The owner of the web domain and trademark or trade name is Empresas y Servicios Tridomi S.L. (hereinafter BOOZE DELIVERY MARBELLA), domiciled in Marbella calle san Manuel 23, with CIF: B93106367. Contact email: boozedeliverymarbella@gmail.com
2. Purpose BOOZE DELIVERY MARBELLA whose main activity is the retail sale and express delivery of alcoholic beverages and snacks through a website (hereinafter, the WEB) that allows WEB users to buy products if they request it through the same, in addition to the immediate or scheduled delivery of the purchased products.
Throughout these Terms and Conditions of Use we will refer to Clients as Users.
3. Terms of Use Access to the WEB, and the creation of an account by the User, implies the knowledge and express and unequivocal acceptance of these Terms and Conditions of Use, the Privacy Policy and the Cookies Policy by all Users.
4. Access and Registration for Clients In order to be a Client of BOOZE DELIVERY MARBELLA it is essential that the following requirements are met:
Have completed or be over 18 years of age.
Truly fill in the mandatory fields of the registration form, in which personal data such as username, email, telephone number, and identification (DNI, NIE, Driving License or Passport) are requested.
Accept these Terms and Conditions of Use.
Accept the Privacy and Data Protection Policy.
Accept the Cookies Policy.
The User guarantees that all the information about her identity and legitimacy provided to BOOZE DELIVERY MARBELLA in her registration forms of the Platform are truthful, exact, and complete. Likewise, you agree to keep your data updated.
6. User Rights if there is any problem with the order The User has the right to receive the products that meet their description, that are of satisfactory quality and that comply with any specific requirement that the User indicates (and that BOOZE DELIVERY MARBELLA accepts) before placing their order. If the User believes that the products that have been delivered do not meet these requirements, please let them know. A photograph showing the problem will be requested if it is something that can be seen by inspecting the Products. A refund will be provided with respect to the affected part of the Product or with respect to the entire order if the order was totally affected unless there are reasonable grounds to believe that the problem was caused after delivery.
Before managing the refund, relevant factors such as the details of the order, including the history of the User, the circumstances of the delivery, the information provided by the operations department of BOOZE DELIVERY MARBELLA, and the dealer can be taken into account.
7. Distribution of alcoholic beverages Alcoholic beverages can only be sold and delivered to persons over 18 years of age. By placing an order, the User confirms that he is at least 18 years old. BOOZE DELIVERY MARBELLA applies the identity verification policy, under which the dealer will ask customers for their DNI, NIE, Driving License or Passport and will validate it with the information that has been entered in order to place the order. The delivery person will refuse to deliver the order if the identification in question is not presented. The delivery person may also refuse to deliver the order to anyone who is, or appears to be, under the influence of alcohol or drugs. In these cases, however, it will be charged for the drink in question and for the delivery costs.
In the event that the User provides any false, inaccurate or incomplete data or if BOOZE DELIVERY MARBELLA considers that there are reasonable grounds for doubting the veracity, accuracy, and integrity thereof, BOOZE DELIVERY MARBELLA may deny access and present or future use of the WEB or any of its contents and/or services.
Upon registering on the WEB, the User will select a username (username) and an access key (password). Both username and password are strictly confidential, non-transferable personal. BOOZE DELIVERY MARBELLA recommends not using the same passwords as on other websites to increase account security. In the event that the User uses the same access credentials as on other websites, BOOZE DELIVERY MARBELLA cannot guarantee the security of the account or ensure that the User is the only one who accesses their profile.
The User agrees not to disclose the data related to her account or make it accessible to third parties. The User will be solely responsible in case of use of said data or the services of the Site by third parties, including the statements made on the WEB, or any other action that is carried out through the use of a username and / or password.
BOOZE DELIVERY MARBELLA cannot guarantee the identity of registered users, therefore, it will not be responsible for the use of the identity of a Registered User by unregistered third parties. Users are obliged to immediately inform BOOZE DELIVERY MARBELLA of the theft, disclosure, or loss of their username or password, communicating through the communication channels offered by BOOZE DELIVERY MARBELLA.
5. Operation and Terms of Service
When the User places an order, they will have the option to make it as a Delivery as soon as possible or as a scheduled Delivery. In the case of a Delivery as soon as possible, the delivery will be made in less than 60 minutes, but an attempt will be made to deliver as soon as possible; therefore, the User must be available to accept delivery from the moment the order is placed.
For a scheduled Delivery, the User must be available to accept the delivery for 15 minutes before and 15 minutes after the time agreed upon when placing the order.
Unfortunately, despite best efforts, things do not always go as planned and factors such as traffic and weather conditions may prevent delivery of the Product on time. If the order is delayed more than 15 minutes and the User has not been notified of the said delay, the option to cancel the order is given, BOOZE DELIVERY MARBELLA will contact the User to agree on a satisfactory solution unless the User caused the delay (for example, because the address is incorrect or the User did not go to delivery).
An attempt will be made to deliver to the address provided by the User when the order is placed. If the user needs to change the delivery address after placing his order, it is possible that the address may be changed if he contacts BOOZE DELIVERY MARBELLA within 5 minutes and the new address is within the delivery area... If the 5 minutes have elapsed, an extra € 5 will be charged in cash for delivery costs.
It will be charged for delivery in the case of a failed delivery if the User has been the cause for any reason, including (without limitation):
The User did not come to receive us, did not pick up the phone when the delivery person contacted using the contact information provided, and/or the User picked up the phone but then did not pick up the order within 10 minutes. The dealer refuses to deliver the Product to you in accordance with section 7 (Distribution of alcoholic beverages).
8. Fee for services and billing The registration and use of the WEB for the Users are completely free.
BOOZE DELIVERY MARBELLA reserves the right to change its prices at any time. The changes made will take effect immediately upon publication. The User expressly authorizes BOOZE DELIVERY MARBELLA to send him by electronic means, to the email address provided by him during the registration process, the receipt of the contracted services, and / or the invoices generated. In case of requiring an invoice, the User must add the tax data to the WEB before placing the order.
The subsequent cancellation of the service by the User, when 5 minutes have elapsed, will entitle BOOZE DELIVERY MARBELLA to charge the User for the packaging and delivery operating expenses.
9. Price of the products and / or services listed on the WEB Prices include VAT. The User confirms that they use our Service for personal, non-commercial use unless they request an invoice. BOOZE DELIVERY MARBELLA can set dynamic prices, which means that the prices of Products and delivery may change while you are browsing. Prices may also change at any time at the discretion of inventory replenishment. BOOZE DELIVERY MARBELLA reserves the right to apply a Service Charge, subject to change, for the provision of our Services. We will notify you of any service charges and taxes before the purchase on the payment page of our WEB. No changes will affect existing confirmed orders unless there is an obvious error in pricing. Changes in prices will also not affect orders in progress and that appear in your basket, provided you complete the order within 2 hours of creating the basket. If the order is not completed within 2 hours, the items will be automatically removed from your cart and the price change will apply. If there is an obvious error in the price, we will notify you as soon as possible and the User will have the option to confirm the order at the original price or cancel it free of charge and with a full refund of any amount already paid.
The total price of the order will be indicated on the payment page of our WEB, including the prices of the Products, Delivery, and taxes.
10. Tips When the User places an order, they will have the option to make a discretionary payment of a tip or gratuity to BOOZE DELIVERY MARBELLA in addition to the purchase price of the Products of their order. The dealer will receive 100% of any discretionary payment that the User chooses to make.
11. Promotional codes and / or other offers or discounts The promotional codes and/or other offers or discounts offered through the WEB must be correctly recorded on the WEB prior to placing the order, otherwise, their use will not be effective for the User and they will not be able to enjoy them.
Whenever a cancellation is urged by BOOZE DELIVERY MARBELLA in the terms described in section 12 below, the User will maintain the validity of the promotional code and / or other offers or discounts for future use. When the cancellation is requested by the User, the provisions of section 12 below will be followed.
BOOZE DELIVERY MARBELLA reserves the right to cancel promotional codes and/or other offers or discounts offered when it becomes aware of fraudulent use thereof (ie redeem a promotional code when it is not the legitimate recipient thereof, the massive transmission of codes, sell discounts or codes, ...), also reserves the right to apply penalties to users for the amount of the defrauded use of BOOZE DELIVERY MARBELLA.
12. Right of withdrawal and cancellation of orders In accordance with the nature of the service offered by BOOZE DELIVERY MARBELLA, the User is aware that once a delivery person has picked up the order, it is considered that the execution of the purchase mandate has begun and therefore the User will not have the right to withdraw. in the service request for free.
If, in addition, at the time of cancellation of the service, the dealer has already collected the order or 5 minutes have passed, the User must meet the costs of the products and delivery. and the value of the product will be reimbursed to the User, who must, as stated above, pay the cost of the packaging and delivery services.
In the event that the User has incorrectly indicated the delivery address of the products, he may enter a new address at any time as long as he is within the BOOZE DELIVERY MARBELLA delivery area. In that case, the User will be ordering the hiring of a new service and accepts the amounts corresponding to the new delivery. This may not be modified to be delivered to an address outside the delivery area and the order will be canceled, and the User must assume the costs generated as established in this clause.
BOOZE DELIVERY MARBELLA reserves the right to cancel an order without claiming just cause. In case of cancellation urged by BOOZE DELIVERY MARBELLA, the User will be entitled to a refund of the amount paid.
BOOZE DELIVERY MARBELLA has official complaint forms available to the consumer, for the purpose of the service offered by BOOZE DELIVERY MARBELLA. The aforementioned complaint forms may be requested by the consumer through the email boozedeliverymarbella@gmail.com. The consumer must specify in the email and the exact location from which the request is made that it must coincide with the place of performance of the service, in case of doubt, the latter will be the place where the claim must be filed.
14. Responsibility to the User BOOZE DELIVERY MARBELLA is responsible to the User for any loss or damage that it suffers and that is a foreseeable result of the breach of these Terms and Conditions or of not applying reasonable care in relation to the use of the Service. BOOZE DELIVERY MARBELLA is not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is obvious that it is going to happen, or the User says that it could happen, for example, if he informs, before placing an order, about particular circumstances that could increase the risk of loss or damage derived from the BOOZE DELIVERY MARBELLA's breach of these Terms and Conditions.
BOOZE DELIVERY MARBELLA does not exclude or limit liability to the User for loss or damage when it is illegal to do so. This includes any liability for death or personal injury caused by failure, or failure of BOOZE DELIVERY MARBELLA employees, agents or subcontractors, in the use of reasonable care; for fraud; for breach of the rights of the User in relation to the Products, as summarized in clause 6 above; or for defective Products, in accordance with 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. Subject to the previous paragraph, BOOZE DELIVERY MARBELLA is not responsible for any loss or damage that the User suffers as a result of his breach of these Terms and Conditions, or as a result of any hardware or software failure, except in the case of failure of the Web.
Nothing in these terms and conditions should be understood as constituting an agency relationship between BOOZE DELIVERY MARBELLA and the User or as an authorization to BOOZE DELIVERY MARBELLA to sign commitments on behalf of the User.
15. Update and Modification of the WEB BOOZE DELIVERY MARBELLA reserves the right to modify, at any time and without prior notice, these Terms, and Conditions of Use, the Privacy Policy, and the Cookies Policy. Users must carefully read these Terms and Conditions when accessing the WEB. In any case, acceptance of the Terms and Conditions will be a prior and essential step to accessing the services and content available through the BOOZE DELIVERY MARBELLA WEB.
Likewise, BOOZE DELIVERY MARBELLA reserves the right to carry out, at any time and without the need for prior notice, updates, modifications, or deletion of information contained in its WEB in the configuration and presentation of this and the access conditions, without assuming responsibility some for it. BOOZE DELIVERY MARBELLA does not guarantee the absence of interruptions or errors in accessing the WEB or its content, nor that it is always updated, however, BOOZE DELIVERY MARBELLA will carry out, provided that there are no causes that make it impossible or difficult execution, and as soon as you notice the errors, disconnections or lack of updating in the contents, all those tasks aimed at correcting the errors, reestablishing communication and updating the contents.
16. Intellectual Property BOOZE DELIVERY MARBELLA is the owner or licensee of all the intellectual and industrial property rights included on the WEBSITE as well as on the contents accessible through it. The intellectual property rights of the WEB, as well as: texts, images, graphic design, navigation structure, information and content that are collected in it, are owned by BOOZE DELIVERY MARBELLA, who is responsible for the exclusive exercise of the exploitation rights of the same in any form and, especially, the rights of reproduction, distribution, public communication, and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.
Even though described above, BOOZE DELIVERY MARBELLA may not be the owner or licensee of content such as names or images, among others, of companies with which BOOZE DELIVERY MARBELLA has no commercial relationship. In these cases, BOOZE DELIVERY MARBELLA acquires the contents from sources accessible to the public, and in no case shall BOOZE DELIVERY MARBELLA be understood to have any relation with any right owned by BOOZE DELIVERY MARBELLA.
The authorization to the User for access to the WEB does not imply a waiver, transmission, license, or total or partial transfer of intellectual or industrial property rights by BOOZE DELIVERY MARBELLA. It is not allowed to delete, evade, or manipulate in any way the contents of the BOOZE DELIVERY MARBELLA WEB. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the content included on the WEB. BOOZE DELIVERY MARBELLA for public or commercial purposes, if you do not have the express written authorization of BOOZE DELIVERY MARBELLA or, where appropriate, the owner of the corresponding rights.
The User who proceeds to share any type of content through the WEB ensures that he/she holds the necessary rights to do so, being exempt BOOZE DELIVERY MARBELLA from any responsibility for the content and legality of the information offered. The provision of content by Users through the WEB will entail the transfer to BOOZE DELIVERY MARBELLA, free of charge, and to the maximum extent permitted by current legislation, of the exploitation rights of intellectual or industrial property derived from such contents.
17. Independence of the Clauses If any of the clauses of these Terms and Conditions is null and void or voidable, it will be deemed not to have been set. Said declaration of nullity will not invalidate the rest of the Contract, which will maintain its validity and effectiveness between the Parties.
18. Applicable Law The relationship between BOOZE DELIVERY MARBELLA and the User will be governed and interpreted in accordance with the Terms and Conditions that in terms of interpretation, validity and execution will be governed by Spanish law; and any controversy will be submitted to the Courts of Marbella.
BOOZE DELIVERY MARBELLA undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that can or has the potential to harm or negatively influence their goodwill. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws of the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: "Sale of alcoholic beverages to minors under the age of 18"
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following is stated:
1. Identifying Data: The owner of the web domain and trademark or trade name is Empresas y Servicios Tridomi S.L. (hereinafter BOOZE DELIVERY MARBELLA), domiciled in Marbella calle san Manuel 23, with CIF: B93106367. Contact email: boozedeliverymarbella@gmail.com
2. Purpose BOOZE DELIVERY MARBELLA whose main activity is the retail sale and express delivery of alcoholic beverages and snacks through a website (hereinafter, the WEB) that allows WEB users to buy products if they request it through the same, in addition to the immediate or scheduled delivery of the purchased products.
Throughout these Terms and Conditions of Use we will refer to Clients as Users.
3. Terms of Use Access to the WEB, and the creation of an account by the User, implies the knowledge and express and unequivocal acceptance of these Terms and Conditions of Use, the Privacy Policy and the Cookies Policy by all Users.
4. Access and Registration for Clients In order to be a Client of BOOZE DELIVERY MARBELLA it is essential that the following requirements are met:
Have completed or be over 18 years of age.
Truly fill in the mandatory fields of the registration form, in which personal data such as username, email, telephone number, and identification (DNI, NIE, Driving License or Passport) are requested.
Accept these Terms and Conditions of Use.
Accept the Privacy and Data Protection Policy.
Accept the Cookies Policy.
The User guarantees that all the information about her identity and legitimacy provided to BOOZE DELIVERY MARBELLA in her registration forms of the Platform are truthful, exact, and complete. Likewise, you agree to keep your data updated.
6. User Rights if there is any problem with the order The User has the right to receive the products that meet their description, that are of satisfactory quality and that comply with any specific requirement that the User indicates (and that BOOZE DELIVERY MARBELLA accepts) before placing their order. If the User believes that the products that have been delivered do not meet these requirements, please let them know. A photograph showing the problem will be requested if it is something that can be seen by inspecting the Products. A refund will be provided with respect to the affected part of the Product or with respect to the entire order if the order was totally affected unless there are reasonable grounds to believe that the problem was caused after delivery.
Before managing the refund, relevant factors such as the details of the order, including the history of the User, the circumstances of the delivery, the information provided by the operations department of BOOZE DELIVERY MARBELLA, and the dealer can be taken into account.
7. Distribution of alcoholic beverages Alcoholic beverages can only be sold and delivered to persons over 18 years of age. By placing an order, the User confirms that he is at least 18 years old. BOOZE DELIVERY MARBELLA applies the identity verification policy, under which the dealer will ask customers for their DNI, NIE, Driving License or Passport and will validate it with the information that has been entered in order to place the order. The delivery person will refuse to deliver the order if the identification in question is not presented. The delivery person may also refuse to deliver the order to anyone who is, or appears to be, under the influence of alcohol or drugs. In these cases, however, it will be charged for the drink in question and for the delivery costs.
In the event that the User provides any false, inaccurate or incomplete data or if BOOZE DELIVERY MARBELLA considers that there are reasonable grounds for doubting the veracity, accuracy, and integrity thereof, BOOZE DELIVERY MARBELLA may deny access and present or future use of the WEB or any of its contents and/or services.
Upon registering on the WEB, the User will select a username (username) and an access key (password). Both username and password are strictly confidential, non-transferable personal. BOOZE DELIVERY MARBELLA recommends not using the same passwords as on other websites to increase account security. In the event that the User uses the same access credentials as on other websites, BOOZE DELIVERY MARBELLA cannot guarantee the security of the account or ensure that the User is the only one who accesses their profile.
The User agrees not to disclose the data related to her account or make it accessible to third parties. The User will be solely responsible in case of use of said data or the services of the Site by third parties, including the statements made on the WEB, or any other action that is carried out through the use of a username and / or password.
BOOZE DELIVERY MARBELLA cannot guarantee the identity of registered users, therefore, it will not be responsible for the use of the identity of a Registered User by unregistered third parties. Users are obliged to immediately inform BOOZE DELIVERY MARBELLA of the theft, disclosure, or loss of their username or password, communicating through the communication channels offered by BOOZE DELIVERY MARBELLA.
5. Operation and Terms of Service
When the User places an order, they will have the option to make it as a Delivery as soon as possible or as a scheduled Delivery. In the case of a Delivery as soon as possible, the delivery will be made in less than 60 minutes, but an attempt will be made to deliver as soon as possible; therefore, the User must be available to accept delivery from the moment the order is placed.
For a scheduled Delivery, the User must be available to accept the delivery for 15 minutes before and 15 minutes after the time agreed upon when placing the order.
Unfortunately, despite best efforts, things do not always go as planned and factors such as traffic and weather conditions may prevent delivery of the Product on time. If the order is delayed more than 15 minutes and the User has not been notified of the said delay, the option to cancel the order is given, BOOZE DELIVERY MARBELLA will contact the User to agree on a satisfactory solution unless the User caused the delay (for example, because the address is incorrect or the User did not go to delivery).
An attempt will be made to deliver to the address provided by the User when the order is placed. If the user needs to change the delivery address after placing his order, it is possible that the address may be changed if he contacts BOOZE DELIVERY MARBELLA within 5 minutes and the new address is within the delivery area... If the 5 minutes have elapsed, an extra € 5 will be charged in cash for delivery costs.
It will be charged for delivery in the case of a failed delivery if the User has been the cause for any reason, including (without limitation):
The User did not come to receive us, did not pick up the phone when the delivery person contacted using the contact information provided, and/or the User picked up the phone but then did not pick up the order within 10 minutes. The dealer refuses to deliver the Product to you in accordance with section 7 (Distribution of alcoholic beverages).
8. Fee for services and billing The registration and use of the WEB for the Users are completely free.
BOOZE DELIVERY MARBELLA reserves the right to change its prices at any time. The changes made will take effect immediately upon publication. The User expressly authorizes BOOZE DELIVERY MARBELLA to send him by electronic means, to the email address provided by him during the registration process, the receipt of the contracted services, and / or the invoices generated. In case of requiring an invoice, the User must add the tax data to the WEB before placing the order.
The subsequent cancellation of the service by the User, when 5 minutes have elapsed, will entitle BOOZE DELIVERY MARBELLA to charge the User for the packaging and delivery operating expenses.
9. Price of the products and / or services listed on the WEB Prices include VAT. The User confirms that they use our Service for personal, non-commercial use unless they request an invoice. BOOZE DELIVERY MARBELLA can set dynamic prices, which means that the prices of Products and delivery may change while you are browsing. Prices may also change at any time at the discretion of inventory replenishment. BOOZE DELIVERY MARBELLA reserves the right to apply a Service Charge, subject to change, for the provision of our Services. We will notify you of any service charges and taxes before the purchase on the payment page of our WEB. No changes will affect existing confirmed orders unless there is an obvious error in pricing. Changes in prices will also not affect orders in progress and that appear in your basket, provided you complete the order within 2 hours of creating the basket. If the order is not completed within 2 hours, the items will be automatically removed from your cart and the price change will apply. If there is an obvious error in the price, we will notify you as soon as possible and the User will have the option to confirm the order at the original price or cancel it free of charge and with a full refund of any amount already paid.
The total price of the order will be indicated on the payment page of our WEB, including the prices of the Products, Delivery, and taxes.
10. Tips When the User places an order, they will have the option to make a discretionary payment of a tip or gratuity to BOOZE DELIVERY MARBELLA in addition to the purchase price of the Products of their order. The dealer will receive 100% of any discretionary payment that the User chooses to make.
11. Promotional codes and / or other offers or discounts The promotional codes and/or other offers or discounts offered through the WEB must be correctly recorded on the WEB prior to placing the order, otherwise, their use will not be effective for the User and they will not be able to enjoy them.
Whenever a cancellation is urged by BOOZE DELIVERY MARBELLA in the terms described in section 12 below, the User will maintain the validity of the promotional code and / or other offers or discounts for future use. When the cancellation is requested by the User, the provisions of section 12 below will be followed.
BOOZE DELIVERY MARBELLA reserves the right to cancel promotional codes and/or other offers or discounts offered when it becomes aware of fraudulent use thereof (ie redeem a promotional code when it is not the legitimate recipient thereof, the massive transmission of codes, sell discounts or codes, ...), also reserves the right to apply penalties to users for the amount of the defrauded use of BOOZE DELIVERY MARBELLA.
12. Right of withdrawal and cancellation of orders In accordance with the nature of the service offered by BOOZE DELIVERY MARBELLA, the User is aware that once a delivery person has picked up the order, it is considered that the execution of the purchase mandate has begun and therefore the User will not have the right to withdraw. in the service request for free.
If, in addition, at the time of cancellation of the service, the dealer has already collected the order or 5 minutes have passed, the User must meet the costs of the products and delivery. and the value of the product will be reimbursed to the User, who must, as stated above, pay the cost of the packaging and delivery services.
In the event that the User has incorrectly indicated the delivery address of the products, he may enter a new address at any time as long as he is within the BOOZE DELIVERY MARBELLA delivery area. In that case, the User will be ordering the hiring of a new service and accepts the amounts corresponding to the new delivery. This may not be modified to be delivered to an address outside the delivery area and the order will be canceled, and the User must assume the costs generated as established in this clause.
BOOZE DELIVERY MARBELLA reserves the right to cancel an order without claiming just cause. In case of cancellation urged by BOOZE DELIVERY MARBELLA, the User will be entitled to a refund of the amount paid.
BOOZE DELIVERY MARBELLA has official complaint forms available to the consumer, for the purpose of the service offered by BOOZE DELIVERY MARBELLA. The aforementioned complaint forms may be requested by the consumer through the email boozedeliverymarbella@gmail.com. The consumer must specify in the email and the exact location from which the request is made that it must coincide with the place of performance of the service, in case of doubt, the latter will be the place where the claim must be filed.
14. Responsibility to the User BOOZE DELIVERY MARBELLA is responsible to the User for any loss or damage that it suffers and that is a foreseeable result of the breach of these Terms and Conditions or of not applying reasonable care in relation to the use of the Service. BOOZE DELIVERY MARBELLA is not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is obvious that it is going to happen, or the User says that it could happen, for example, if he informs, before placing an order, about particular circumstances that could increase the risk of loss or damage derived from the BOOZE DELIVERY MARBELLA's breach of these Terms and Conditions.
BOOZE DELIVERY MARBELLA does not exclude or limit liability to the User for loss or damage when it is illegal to do so. This includes any liability for death or personal injury caused by failure, or failure of BOOZE DELIVERY MARBELLA employees, agents or subcontractors, in the use of reasonable care; for fraud; for breach of the rights of the User in relation to the Products, as summarized in clause 6 above; or for defective Products, in accordance with 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. Subject to the previous paragraph, BOOZE DELIVERY MARBELLA is not responsible for any loss or damage that the User suffers as a result of his breach of these Terms and Conditions, or as a result of any hardware or software failure, except in the case of failure of the Web.
Nothing in these terms and conditions should be understood as constituting an agency relationship between BOOZE DELIVERY MARBELLA and the User or as an authorization to BOOZE DELIVERY MARBELLA to sign commitments on behalf of the User.
15. Update and Modification of the WEB BOOZE DELIVERY MARBELLA reserves the right to modify, at any time and without prior notice, these Terms, and Conditions of Use, the Privacy Policy, and the Cookies Policy. Users must carefully read these Terms and Conditions when accessing the WEB. In any case, acceptance of the Terms and Conditions will be a prior and essential step to accessing the services and content available through the BOOZE DELIVERY MARBELLA WEB.
Likewise, BOOZE DELIVERY MARBELLA reserves the right to carry out, at any time and without the need for prior notice, updates, modifications, or deletion of information contained in its WEB in the configuration and presentation of this and the access conditions, without assuming responsibility some for it. BOOZE DELIVERY MARBELLA does not guarantee the absence of interruptions or errors in accessing the WEB or its content, nor that it is always updated, however, BOOZE DELIVERY MARBELLA will carry out, provided that there are no causes that make it impossible or difficult execution, and as soon as you notice the errors, disconnections or lack of updating in the contents, all those tasks aimed at correcting the errors, reestablishing communication and updating the contents.
16. Intellectual Property BOOZE DELIVERY MARBELLA is the owner or licensee of all the intellectual and industrial property rights included on the WEBSITE as well as on the contents accessible through it. The intellectual property rights of the WEB, as well as: texts, images, graphic design, navigation structure, information and content that are collected in it, are owned by BOOZE DELIVERY MARBELLA, who is responsible for the exclusive exercise of the exploitation rights of the same in any form and, especially, the rights of reproduction, distribution, public communication, and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.
Even though described above, BOOZE DELIVERY MARBELLA may not be the owner or licensee of content such as names or images, among others, of companies with which BOOZE DELIVERY MARBELLA has no commercial relationship. In these cases, BOOZE DELIVERY MARBELLA acquires the contents from sources accessible to the public, and in no case shall BOOZE DELIVERY MARBELLA be understood to have any relation with any right owned by BOOZE DELIVERY MARBELLA.
The authorization to the User for access to the WEB does not imply a waiver, transmission, license, or total or partial transfer of intellectual or industrial property rights by BOOZE DELIVERY MARBELLA. It is not allowed to delete, evade, or manipulate in any way the contents of the BOOZE DELIVERY MARBELLA WEB. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the content included on the WEB. BOOZE DELIVERY MARBELLA for public or commercial purposes, if you do not have the express written authorization of BOOZE DELIVERY MARBELLA or, where appropriate, the owner of the corresponding rights.
The User who proceeds to share any type of content through the WEB ensures that he/she holds the necessary rights to do so, being exempt BOOZE DELIVERY MARBELLA from any responsibility for the content and legality of the information offered. The provision of content by Users through the WEB will entail the transfer to BOOZE DELIVERY MARBELLA, free of charge, and to the maximum extent permitted by current legislation, of the exploitation rights of intellectual or industrial property derived from such contents.
17. Independence of the Clauses If any of the clauses of these Terms and Conditions is null and void or voidable, it will be deemed not to have been set. Said declaration of nullity will not invalidate the rest of the Contract, which will maintain its validity and effectiveness between the Parties.
18. Applicable Law The relationship between BOOZE DELIVERY MARBELLA and the User will be governed and interpreted in accordance with the Terms and Conditions that in terms of interpretation, validity and execution will be governed by Spanish law; and any controversy will be submitted to the Courts of Marbella.
BOOZE DELIVERY MARBELLA undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that can or has the potential to harm or negatively influence their goodwill. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws of the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: "Sale of alcoholic beverages to minors under the age of 18"