TERMS AND CONDITIONS
General Information
This document, as well as all those mentioned hereby, regulates the conditions governing this Website and the purchase or acquisition of products in it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by Ice Seltzer S.L. through this Website includes the commercialization of carbonated and canned natural drinks with a percentage of alcohol.
In addition to reading these Conditions, before accessing, browsing and / or using this Website, the User must have read the Legal Notice, including the Cookies Policy, and the Privacy and Data Protection Policy.
By using this Website or when requesting the acquisition of a product through it, the User agrees to be bound by these Conditions and by all the aforementioned, so if the User does not agree with all of this, the User should not use this Website.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and / or use the Web page since those Conditions that were in place at the time of the purchase of the products are the ones that will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the Holder using the contact information provided.
The User
The access, navigation and use of the Website, confers the condition of User (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which all the Conditions established herein are accepted, from the beginning of the navigation through the Website, as well as their previous modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. The User assumes their responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Not make any false or fraudulent purchases. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
- Provide truthful and lawful contact information.
The Website is aimed at Users residing in Spain, so it does not ensure that it complies with the laws of other countries, either totally or partially.
Ice Seltzer S.L. declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at their choice, with Ice Seltzer S.L. the contract for the sale of the desired products in any of the languages in which these Conditions are available on this Website.
Purchasing process
Once you click on the “Add to Cart” button, all the products or services you have selected will appear in an order summary. At that time you will be able to rectify any errors in the selected products or services before clicking on "place order". Please note that you will be asked to be registered / identified in the store to access the purchase page. On this page, the User will complete their shipping and billing information, choose the payment method and verify the amount of the order. By clicking on the "Buy" button, after accepting these Terms and Conditions, you will be sending a legally binding offer, and therefore, we inform you that clicking on the "Buy" button implies the obligation to pay the price of the selected products and services.
Once the payment has been made, a screen will appear confirming if your order has been processed correctly. Later, we will send you an email confirming your order.
Availability
All purchase orders received by Ice Seltzer S.L. through the Website, are subject to the availability of the products and / or that no circumstance or outside force affects the supply of the same and / or the provision of the services.
Prices and Payment
The prices displayed on the Website are the final prices, in euros (€) and include taxes, unless a different issue is indicated and applied by legal requirement, especially in relation to VAT.
Prices may change at any time, but possible 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 PayPal.
Credit cards will be subject to checks and authorization by the issuing bank, in the case such entity did not authorize the payment, Ice Seltzer S.L. will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Preparation
Ice Seltzer S.L. informs the User that, due to the type of product being offered, a preparation and packaging period is required, which in some cases cannot be specified at the time of purchase, but the best possible estimate will be provided, indicating a range of days.
Shipping and delivery
Ice Seltzer S.L. only ships in Spain (excluding the Canary Islands). The User is informed that shipping costs may apply, in which case, the amount of said shipping costs will be detailed during the purchase process.
STANDARD SHIPPING
Delivery is made within 48/72 hours after order preparation.
URGENT SHIPPING
Delivery is made the next business day after the order is prepared. In the event that the delivery has to be made in areas with little concurrence or difficult access, the shipment may take up to 48 hours from the preparation of the order.
IMPORTANT ASPECTS
Ice Seltzer S.L. does not assume any responsibility when the delivery of the order is not carried out as a result of the delivery data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned for such effect, such as the absence of the recipient after several delivery attempts or the retention of the Product in Customs.
Orders placed on public holidays, or Monday through Friday after 12:00, will be prepared in our warehouses on the next business day.
No deliveries will be made to PO boxes.
Items that are not available at the time of sale ("out of stock" products) will be delivered within a maximum period of 30 calendar days from the date of purchase.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times, depending on the specific article in question.
Withdrawal
Ice Seltzer S.L. informs the User that, in accordance with the provisions of the General Law for the Defense of Consumers and Users or TRLGDCU (by its acronym in Spanish), they will have a period of up to fourteen (14) calendar days from receipt of the order to exercise their right of withdrawal, without indicate any reason; as long as the User assumes the expenses derived from the return, notifies the withdrawal decision (through postal mail or email to the contact information of Ice Seltzer S.L. reflected in the corresponding Legal Notice of this Web), and sends the product, properly packed and protected for transport, accompanied by the invoice, delivery note and order number.
The refund of the amount will be made once the returned order arrives at Ice Seltzer S.L. offices and with the same form of payment that has been used. Ice Seltzer S.L. can retain the refund until the products are returned. The right of withdrawal may not be exercised when the Product is not returned in its original packaging and when the Product is not in perfect condition.
Returns
Ice Seltzer S.L. will be responsible for any problem that occurs due to causes beyond the control of the User, committing to return the amount or return the product for a new one. Ice Seltzer S.L. offers returns within 14 calendar days after delivery, when the product:
- IT IS DEFECTIVE OR DAMAGED.
- IT DOES NOT MEET YOUR EXPECTATIONS.
Your legal rights are not affected by this return policy.
If the order has already been delivered and you nevertheless decide to return it, you must bear the costs of the return service of your choice. The cost of products not consumed and suitable for return will be refunded.
If you wish to return an item, please contact us using the information provided at the beginning of these Terms and Conditions.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed and the amount will be automatically credited to your credit card or original payment method, within the term stipulated by the corresponding entity.
If you have not received a refund yet, check your bank account first, then contact your credit card company. It may take a few days before your refund is reflected in your bank account. Then contact your bank. There is often some processing time before the refund is made.
If you've done all of this and still haven't received your refund, please contact us.
Only regular priced items can be refunded, unfortunately sale items are non-refundable.
Changes
Ice Seltzer S.L. promises to replace items if they are defective or damaged. If you need to exchange it for the same item, please contact us and send your item to the address we will provide. We promise to send you the same item in perfect condition and to bear the shipping costs.
Guarantee
The User, as consumer and User, enjoys guarantees on the products that can be purchased through this Website in the legally established terms for each type of product, Ice Seltzer S.L. responding, therefore, for the lack of conformity of the same as manifested from the product.
In this sense, it is understood that the products are in accordance with the contract, provided that: they respond to the description made by Ice Seltzer S.L. and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected from it.
When this is not the case with respect to the products delivered to the User, this person must proceed as indicated in the Return of defective products section or error in the shipment section. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore that will form part of the individual appearance of the product, and they will not be a defect.
For all of the above, the User must have kept all the information in relation to the guarantee of the products.
Written Communications and Notifications
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that are sent electronically meet the legal requirements to be written. This condition will not affect the rights recognized by law to the User.
Unless otherwise stipulated, Ice Seltzer S.L. can contact and / or notify the User by email or at the postal address provided.
Resignation
No waiver by Ice Seltzer S.L. to a specific right or legal action or the lack of requirement by Ice Seltzer S.L. of strict compliance by the User of any of their obligations will imply, nor a waiver of other rights or derivative actions of a contract or the Conditions, nor will it exonerate the User from compliance with their obligations.
No waiver of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
Nullity
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by the aforementioned declaration of nullity.
Entire Agreement
These Conditions and any document to which express reference is made in these, constitutes an entire agreement between the User and Ice Seltzer S.L. in relation to the object of sale and replace any other agreement, or previous promise agreed verbally or in writing between the same parties.
Both parties acknowledge having consented to the conclusion of a contract without having relied on any statement of promise made by the other party, except for what is expressly mentioned in these Conditions.
Complaints and claims
The User can send Ice Seltzer S.L. any complaints, claims or comments, through the contact information provided at the beginning of these Conditions.
In addition, Ice Seltzer S.L. has official complaint forms available to consumers and Users, and that they can request from Ice Seltzer S.L. at any time, using the contact information provided at the beginning of these Terms.
Likewise, if a dispute arises from the conclusion of this purchase contract, the User as a consumer may request an out-of-court solution, in accordance with EU Regulation number 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer matters.
Applicable Law and Jurisdiction
These Conditions of Use are subject to Spanish legislation. The parties, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the User's place of residence.
Likewise, by virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding the resolution of online disputes in consumer matters, Ice Seltzer S.L. informs you that, in the event of a dispute, the User residing in the European Union may go to the "Online Conflict Resolution Platform" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by Ice Seltzer S.L.
To access the "Online Conflict Resolution Platform" you can do so through the following link: http://ec.europa.eu/consumers/odr/