TERMS AND CONDITIONS OF CONTRACT

 

MAVIS INVERSIONES XXI, S.L.
Calle Marbella 59, ch, P.
28034 Madrid
NIF B-01610963
Registered in the Mercantile Registry of Madrid, Volume 40591, Folio 157, Page M-720377
E-mail: info@mavisgourmet.com

 

These Terms and Conditions of Contract govern the contract entered into through the website https://mavisgourmet.com (hereinafter the Website) owned by MAVIS INVERSIONES XXI, S.L., with Tax ID B-01610963, registered address at Calle Marbella 59, ch, P. 28034 Madrid, and registered in the Madrid Mercantile Registry, Volume 40591, Folio 157, Page M-720377 (hereinafter MAVIS or the Owner).

Customer Service: Monday to Friday, from 9am to 7pm. – info@mavisgourmet.com.

The following links are also put at the Customers’ disposal so they can consult the different legal and privacy aspects that may be of interest to them:

Legal Notice, which regulates the terms and conditions of use of the website.

Privacy Policy, where Users may consult the way in which their data is processed.

Cookies Policy, which details the installation, use, and purpose of cookies used on this website.

The contracting system is subject to the legislation in force in Spain. Therefore, it shall be understood that any sales transactions are carried out in the consumer’s home.

The website is in Spanish. The Owner reserves the right to expand the languages that the website is available in.

By accepting these General Terms and Conditions, the User expressly accepts them as is, on the understanding that they will be refined when the User completes a contracting procedure; it is understood that completing all phases of an electronic contracting procedure and providing all the data requested, including successfully making a payment, if applicable, is a direct manifestation of the User’s willingness to accept these Terms and Conditions of Contract.

A contract entered into electronically shall have all the effects provided for by the legal system, when consent is given and all other requirements for the validity of the contract are met. In any case, the electronic medium containing these General Conditions and the contract entered into electronically shall be admissible as documentary evidence in the event of a dispute between the parties.

The Owner reserves the right to make any changes to the website that it deems appropriate at any time and without notice, and products and services may be updated based on market needs. Users are advised to review the Website and these Terms and Conditions from time to time to be kept up-to-date on new developments in relation to MAVIS products and services, as well as its General Terms and Conditions of Contract.

1. What is MAVIS and how does it work?

MAVIS provides the possibility of purchasing food products through its website.

The acquisition of products through the Website is expressly subject to the particular conditions of purchase for such services or products, which are established for this purpose without prejudice to the provisions of these General Conditions.

Effort has been made to display the colours and images of the products in the shop as accurately as possible. It is not possible to guarantee that individual User device monitors or screens will display the colours exactly.

The use of certain services may require additional forms to be filled out, the conditions and privacy of which will be expressly stated.

2. Territorial area

MAVIS services are provided entirely online, and as such they can be contracted from all over Spain. MAVIS reserves the right to expand the commercialisation of its products internationally, a circumstance that will be communicated in due time.

3. User registration

To access as a registered User of MAVIS and to be able to use its services, you must fill in the registration form completely and truthfully. You must be over 18 years old. Using a third-party’s data is strictly forbidden, even with their consent. The data provided must be accurate, complete, and truthful.

MAVIS reserves the right to refuse or delete false or incomplete registrations.

The data provided as part of the registration procedure may be subsequently modified if it needs to be updated or to correct any errors.

The User entering into the contract will be responsible for creating and safe holding a password to access their customer profile, assuming any liability arising from improper use.

To the extent permitted by applicable law, the User assumes responsibility for all activities carried out from their account or by using their password; the Owner must be immediately informed if the User believes their password is being used in an unauthorised way.

The User may change their password whenever deemed appropriate; for example, if there is a suspicion or confirmation that the confidentiality of the password has been breached.

Likewise, the User undertakes to keep their data duly updated.

4. Contract procedure

The object of the contract is to purchase products offered by MAVIS on the website. The contract procedure shall follow the following steps:

i) Registration as a User: before carrying out any commercial transaction, it will be necessary to correctly complete the registration form provided for this purpose. In this form, Users may consult the contracting conditions, as well as the Legal Notice, Privacy Policy and Cookies Policy in relation to the use of the Web and the personal data provided during the whole procedure.
ii) Selection of products: Users may select among the different available products offered by the Holder. Once selected, they must be confirmed and placed in the "Cart". In this section, Users will have the option to enter promotional coupons.
iii) Confirmation of the payment method: Users may make their purchases by bank card - credit or debit card - or PayPal, as set forth in clause 6 of these Terms and Conditions of Contract.
iv) Confirmation of the contracting: before contracting, Users must accept the transaction and have accepted these terms and conditions under which it is made. Once the contracting is completed, the User will receive a confirmation email, otherwise, the User must contact the Holder via email info@mavisgourmet.com.
MAVIS informs you that for legal reasons, the electronic documents in which purchases are formalized will be archived. Users, through their MAVIS profile, will be able to access the purchases made.

Contracts will be carried out exclusively in Spanish.

5. Modifications to the service and prices

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.

MAVIS shall not be liable for any modification, price change, suspension, or discontinuance of the Service.

The sales prices indicated on the Portal are displayed in Euros. VAT is included in these prices, but not shipping costs. Shipping costs will be added to the price of the products and are indicated separately on the order form.

Orders placed with shipping and billing addresses in the Canary Islands will not include VAT in the price of the products or shipping.

The prices of the products are subject to change without notice. However, MAVIS INVERSIONES XXI SL undertakes to apply the rates in force indicated on the Portal at the time the order is placed.

MAVIS INVERSIONES XXI SL, reserves the right to make promotions in which it can assume the shipping costs. This discount will be clearly specified on the website and at the time the order is placed.

When there are offers or discounts, the original price and the discount applied shall be clearly stated.

In any case, the final cost of the purchase will be shown to the User before the order is finalised and accepted; a breakdown shall be provided detailing the amount excluding VAT and the VAT applied to the purchase.

6. Payment methods

- Credit or debit card (Visa or Mastercard). The Customer declares that they are the holder of the card used to make the purchase. The customer’s name must match the name on the card used to make the payment, and MAVIS reserves the right to cancel any order that does not meet this criterion. All credit card holders are subject to validation and authorisation checks by the card issuer. If the customer’s payment card issuer refuses, or for any reason does not authorise payment to MAVIS before or after payment is made, the Seller shall not be liable for any delay or non-delivery.
- PayPal. Users may pay through the PayPal payment platform. Users must have an account on this platform, and they must have accepted the corresponding terms and conditions and privacy policies.

In certain cases and to prevent possible fraud, MAVIS reserves the right to ask a customer for a specific form of payment if the buyer’s identity is not reliably accredited. All information exchanged between the customer and MAVIS, including payment, is done through a secure server (SSL) to ensure the security of all transactions.

Once payment has been made, the customer will receive an email confirmation that the order has been processed. If an order confirmation does not arrive within 24 hours of placing an order, the customer may contact MAVIS for assistance by sending an email to info@mavisgourmet.com.

By accepting these General Terms and Conditions, the User expressly consents to receiving the invoice electronically. The electronic invoice will be sent to the User at the e-mail address provided. The User may revoke their consent to receiving electronic invoices by sending an email to info@mavisgourmet.com. The Owner will contact the User after they have revoked their consent to receiving electronic invoices so that the invoice can be sent in a different format.

MAVIS uses all means to ensure the confidentiality and security of data transmitted through the Website. As such, the website uses a secure payment SSL (Secure Socket Layer).

7. Ordering and shipping

The minimum age to make a purchase is 18 years old.

By validating the order, the Customer expressly accepts and understands these general conditions of contract which form part of the contract. Unless proven otherwise, the data recorded by the Website constitutes proof of all transactions made between MAVIS and its customers. The Website will file the electronic document in which the contract is formalised, which can be accessed through the customer’s account and will be included in the order. If the customer does not agree with the data contained in this confirmation, a request can be made to modify the data or cancel the contract.

If an item is unavailable or if there is a shortage of stock, MAVIS will contact the User / Customer immediately and provide a new delivery time or cancel the order if the product cannot be provided. In any case, a delay in delivery with respect to the deadlines indicated shall not entitle the customer to claim any compensation.

All orders are conditional upon acceptance by MAVIS, which shall be communicated as soon as reasonably possible, either electronically or by any other means. The customer must specify a delivery address and a contact telephone number in their orders (for the carrier/courier).

The customer can contact the seller by sending an email to info@mavisgourmet.com, either to request assistance or to check the status of an order.

MAVIS INVERSIONES XXI SL, reserves the right to refuse any order. The seller reserves the right to limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

Occasionally, the system may cancel orders or parts of an order for various reasons: unavailable items, inability to process payment information, inability to deliver to the address provided, formulation of a duplicate order and/or cancellation at the request of a customer. In this case, the customer will receive an email explaining the reasons for the cancellation. The customer will not be charged for cancelled orders.
If the customer is interested in placing a new order or if he/she has any questions about a cancelled order, he/she can contact MAVIS INVERSIONES XXI SL by e-mail at the following address info@mavisgourmet.com.

Orders will be shipped by the express delivery company selected by MAVIS. Circumstances may arise that make it impossible for them to meet the expected delivery time. Therefore, all dates communicated for delivery and supply of products are approximate and MAVIS cannot guarantee that delivery will actually take place at the previously agreed time, except in the event that such delivery dates have been explicitly confirmed as binding.

The delivery time is 3 to 5 working days once payment of the order has been confirmed. If MAVIS detects a possible delay in this period for reasons beyond the Seller’s control, MAVIS will notify the User.

The transport company will deliver the order to the address indicated by the User during business hours. The transport company will make consecutive delivery attempts. In case of non-delivery, the goods will be returned to MAVIS. MAVIS is not responsible for costs associated with errors in the shipping address. If an order contains several articles with different availabilities, the delivery time will take into account the longest expected delivery. In exceptional cases, the owner reserves the right to break down the order, sending the items available and leaving unavailable items pending a second shipment.

If extraordinary expenses or costs relating to customs procedures, customs agents, or additional taxes are incurred when sending an order to the Canary Islands, Ceuta, Melilla, or Andorra, the seller will not be responsible for any of these expenses or taxes, and the customer must pay them when the order is received at their address. No refunds or reimbursements will be made for non-payment of these expenses or taxes. If the customer does not pay such expenses and expresses that they no longer wish to receive the order (either by email or through the courier company), the order will not be refunded to cover the costs of such non-payment, or only part of the order will be refunded once the unpaid expenses and taxes have been paid.

The seller’s intention is to send the order as shown on the website in the “Gift Experience” section; however, as the seller relies on external suppliers, the seller reserves the right to make changes to the materials it uses to ship its products, such as the shape of the box, and the colours and materials used on the inside and outside of the box. MAVIS will always try to provide a product as close as possible to what is shown on the website.

8. Returns policy

Exception to the right of withdrawal

In accordance with the provisions of section d) of Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal shall not apply to contracts relating to the supply of goods that may deteriorate or expire rapidly.

Therefore, by accepting these general terms and conditions of contract, Users are expressly informed that, once payment has been made, the right of withdrawal stipulated by law will not apply.

Returns will only be accepted on products when they are defective or damaged. In this case, MAVIS will pay the return shipping costs as long as the customer reliably communicates this circumstance with photographic evidence and indicates the order number to MAVIS by contacting info@mavisgourmet.com within a maximum period of TWO (2) days from the date the shipment is received (including holidays and weekends).

No exchanges will be accepted for products that have been opened and/or consumed in whole or in part.

Shipment error

If the order received is wrong, contact info@mavisgourmet.com, indicating the order number and explaining what the problem is. MAVIS will proceed to make the necessary arrangements once this email is received.

The refund will be made once the goods have been received at our warehouses and their condition has been checked. The refund made will be equal to the purchase price of the returned product and its shipping cost. It will be carried out in the shortest possible time after the goods have been received and checked by us (never more than 14 days).

Once the goods have been received in our warehouses, and after checking the condition of the same, we will proceed to refund the amount. The refund as a result of a return will be equal to the purchase price of the returned product and its shipping cost. It will be made in the shortest possible time after receipt and review of the goods by us, (never more than 14 days).

MAVIS will refund the purchase price using the same payment method:

The customer will be notified by email of the refund made, the amount, and a receipt.

MAVIS will not be responsible for any additional costs, losses or deterioration of the shipment if the return guidelines indicated are not followed.

Exchanges

We do not accept exchanges of perishable products.

Cancellation

MAVIS guarantees that the customer will be able to cancel their order as long as the goods have not been shipped. To cancel an order, contact Customer Service at info@mavisgourmet.com

No exchange, refund, or cancellation will be accepted if the General Conditions described above are not met.

9. Incidents

Users may contact MAVIS regarding any type of incident related to the services provided as follows:

Customer Service (Monday to Friday, from 9am to 7pm)

- E-mail: info@mavisgourmet.com

10. Division of responsibilities

The Owner will follow best practices in security and data recovery procedures and will make its best efforts to provide an optimal and quality service to the User.

MAVIS does not guarantee that the website covered by this Contract will meet all of the User’s needs. Nor does it guarantee the website will be free from deficiencies or defects that may occur as a result of improper use, by using computer equipment to access the website in a poor condition, or by incorrectly following the instructions to use such equipment.

MAVIS shall be exonerated from any liability to the User in cases where the anomalies are due to actions or omissions directly attributable to the User.

MAVIS is not responsible for technical failures and / or telecommunications in fortuitous causes, force majeure or otherwise, that prevent the normal operation of the service via the Internet, or the lack of availability of the site for maintenance or other reasons, which prevents the availability of the service.

The Owner will act with the utmost diligence to keep the Website operational at all times. In any case, MAVIS may be suspended or interrupted, in whole or in part, due to maintenance and/or updates. During such actions, the Owner does not guarantee the proper functioning of the Website or access to it.

In general, the Owner shall not be liable for the use of the Website by Users. Accordingly, MAVIS shall not be liable for any activity by Users that may constitute a breach of these Terms and Conditions or a violation of any applicable law.

Nor shall the Owner be liable for any damage to the Website caused by Users uploading or introducing computer viruses during the use of MAVIS.

MAVIS shall make all the resources available that are required to enter the contract, make payments, and use the website; nevertheless, it is exempt from liability for causes that are not attributable to it, fortuitous events, or force majeure.

11. Use of the website

MAVIS authorises the User to use the website as is and provides documentation and instructions to do so correctly.

The User shall not have the right to commercialise the services and/or materials provided through this contract, nor to assign its partial or total use in any way to any third party, nor to transfer any of the usage rights by virtue of this agreement.

The User may not modify, decompile, or obtain the source code of the Web, or recreate or generate programs derived from it through reverse engineering or similar actions.

Access to the website and to the different contents shall be done using the links provided and managed (use and renewal) by MAVIS, the owner of these domains.

12. Reservation of rights

MAVIS reserves the right to refuse or delete Users with false, incorrect, or incomplete data.

MAVIS reserves the right to cancel or suspend service to a Customer with whom there is a payment dispute or who, in the Owner’s opinion, may present a risk.

The Owner reserves the right to modify the prices of its products and services. The purchase price will be the current price at the time the transaction is closed.

The Owner reserves the right to verify the personal information provided by the User and to take the measures it deems necessary to verify that the registered person is the holder of the payment cards and documents. This verification may take the form of a request for proof of identity and/or address and/or bank documents. MAVIS may terminate the service if the User does not respond to such a request.

MAVIS reserves the right to terminate the membership of those who misuse or abuse the system, act fraudulently, or otherwise harm other Users. If MAVIS or any entity that is professionally linked to it detects any anomaly or suspects that a User is impeding the normal development of the system by illegally altering the use of the website or its records through any technical or computer procedure, or carries out any fraudulent acts that contravene the transparency of the system, MAVIS reserves the right to cancel and withdraw the benefits that could have been obtained automatically and without explanation of any kind to all those Users who have directly or indirectly benefited from this type of action; furthermore, MAVIS may also exercise any civil or criminal actions that may apply. In this sense, MAVIS declares that it has enabled the appropriate mechanisms and technological support to detect any possible fraudulent, anomalous or malicious actions that seek to alter registrations and processes on this site.

MAVIS reserves the right to modify these Terms and Conditions at any time by notifying Users through the Website. The Terms and Conditions that apply to the transaction will be those in effect at the time of the transaction.

13. Intellectual and Industrial Property

By virtue of this contract, the User only acquires the right to use the Website and its materials in accordance with the conditions of use set out in these Terms and Conditions.

MAVIS is the owner of all intellectual and industrial property rights and other similar rights over elements, technology, know-how, brands, logos, videos, materials and any other element, creation, invention or distinctive sign included in the MAVIS website and in the services provided, including the source code, creative content, designs, and functionalities of the website. The copying, reproduction, distribution, and public communication of any of the website elements without the express consent of MAVIS is forbidden.

Therefore, MAVIS reserves the right to reproduce, distribute, import, translate, and transform the Website and/or its materials, and the right to communicate them publicly.

14. Privacy Policy

14.1. Which entity will process the personal data?

In compliance with the provisions of Regulation 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 Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, you are hereby informed that the data will be processed by the entity MAVIS INVERSIONES XXI, S.L. (MAVIS) with registered address at Calle Marbella 59, ch, P. 28034 Madrid and Tax ID B-01610963.

14.2. Purpose of processing the data:

The data collected through the registration form are required to register the user as a customer and to manage the corresponding orders.

The data may be used to send commercial information on MAVIS products and services.

14.3. Type of data:

The personal data that may be processed are identification data including name and surname, telephone number, city/country, full postal address, e-mail address, and company name.

14.4. Data source:

The data are provided by the Users through the registration forms.

14.5. Legitimation

The lawful basis for processing the data is the consent given by the data subjects as well as the execution of a contract.

14.6. Who will the data be sent to?

The data will not be sent to third party companies. MAVIS does, however, collaborate with certain third party service providers who have access to the personal data and who process such data for and on behalf of MAVIS as part of their service provision. Specifically, MAVIS may contract third party service providers by way of example and without limitation in the following sectors: postal and courier service companies, computer maintenance companies and technological services.

14.7. Users’ rights:

Users may at any time and free of charge exercise the following rights:

i) Right of access to the data subject's personal data: the data subject may obtain confirmation as to whether the company processes personal data concerning him/her.
ii) Right of rectification: the data subject has the right to request rectification of inaccurate or incomplete data.
iii) Right of erasure: the data subject may request that we cease processing his/her data without undue delay, inter alia, because the data is no longer necessary, consent has been withdrawn, etc.
iv) Right to limit data processing: the data subject may request that his or her personal data not be used for the processing operations that would be appropriate in each case, in which case we will only keep them for the purpose of exercising or defending claims.
v) Right to data portability. The data subject may receive his or her data in a structured, commonly used and machine-readable format; the data subject may also request that his or her data be transferred to another Data Controller, provided that this is technically possible.
vi) Right of opposition, the data subject opposes the processing and the company will stop processing his or her data, except for compelling legitimate reasons or the exercise or defense of possible claims.

Users may exercise these rights by sending a signed communication and attaching a photocopy of their identification document to MAVIS INVERSIONES XXI, S.L. (MAVIS) – Calle Marbella 59, ch, P. 28034 Madrid or via email to info@mavisgourmet.com indicating “Data Protection” as the subject or a reference.

14.8. How long will we keep Users’ data?

The data will be kept until the User’s request has been managed in full or until the commercial relationship has ended.

The data required to send commercial information will be kept until the User exercises their rights.

14.9. Security measures.

MAVIS shall implement technical and organisational measures to ensure automated data processes, processing centres, premises, equipment, systems, programs, and people involved in the automated processing of personal data meet the security requirements provided for by law and according to the regulations.

14.10. Right to lodge a complaint with the Supervisory Authorities

The data subjects may contact the Spanish Data Protection Agency regarding any doubts in the exercise of their rights, to resolve any incident in the processing of their data, or to lodge a complaint. The Spanish Data Protection Agency is responsible for ensuring compliance with the legislation and monitoring its application. Data subjects may lodge a complaint with the Spanish Data Protection Agency, particularly when they have not been able to exercise their rights. The contact address is Calle de Jorge Juan, 6, 28001 Madrid, the website is www.aepd.es, and the telephone number is: 912 66 35 17.

15. Validity of these rules

These rules are the only ones that govern the relationship between the User and the Owner, replacing any verbal or written agreement that previously governed the parties.

Clauses shall always be interpreted in such a way that they can take effect. If the interpretation of one or more of the clauses renders one or more of them to be null and void, the other clauses shall remain in full force and effect.

16. Applicable law and dispute resolution

These Terms and Conditions are governed by Spanish law.

Any disputes that may arise from the interpretation of these rules will be resolved by the Courts that correspond according to current legislation and according to the consumer’s registered address.

Without prejudice to the foregoing, MAVIS informs that in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on resolving consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, an online dispute resolution website has been set up for consumers and traders who wish to voluntarily settle out-of-court disputes falling within the scope of this Regulation.

This website can be accessed at:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show

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