Terms and Conditions

TERMS AND CONDITIONS OF SALE

The following terms and conditions of sale shall be binding between:

- The Online Shops BUSCADORDECERVEZAS.COM and BREWHOUSE.ES, tax data: JOMEL PREMIUM S.L - B67523654, hereinafter the "VENDOR".

- Any person or company making a purchase through the seller's websites, www.https://buscadordecervezas.com/en/, o www.brewhouse.es

Hereinafter, the "CLIENT".

These General Conditions are subject to the provisions of Law 7/1998, of April 13, 1998, on General Contracting Conditions; Law 26/1984, of July 19, 1984, General Law for the Defense of Consumers and Users; Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data; Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, and Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce and any other applicable legal provisions.

OBJECT The following terms and conditions of sale define the contractual relationship between the seller and the customer, in addition to any conditions that may apply to purchases made through the seller's websites, www.https://buscadordecervezas.com/en/ y www.brewhouse.es, hereinafter referred to as "the Websites". The customer shall be of legal age to purchase and consume alcohol in his country of residence and shall have the legal capacity or authorization to purchase the products and services of the website. The purchase of products and services from the website implies full and unconditional acceptance of these terms and conditions of sale, which shall take precedence over the general or particular conditions of the customer. The seller reserves the right to modify these terms and conditions of sale at any time. However, it is accepted that the conditions applicable to the customer will be those in force at the time of purchase on the websites.

DESCRIPTION OF MERCHANDISE The products for sale are presented on the Seller's website. The photographs used in the presentation of the products will be as accurate as possible, although absolute accuracy with respect to the product is not guaranteed and, in certain cases, they will be mere suggestions for presentation and the whole or the elements that make up the photographs will not be for sale. It is understood that the products offered respect the Spanish regulations in force in relation to the composition of the products, insofar as they comply with the regulations relating to the health and safety of the customer.

PRICE AND PAYMENT The prices indicated by the Seller at the time of order shall be shown in Euros, including VAT, at the rate applicable on the day of purchase. Any change in the rate shall apply to the products and services offered immediately. Seller reserves the right to change its prices at any time and it shall be understood that the prices shown on its website on the day on which a purchase is made shall be those applicable to the customer. The prices indicated include the charges for processing the order. The shipping and handling charges applied will be those indicated on the website at the time the order is placed. The sales price will be paid in full at the time the order is placed.

The order can be paid by the following methods:

- Credit card (Visa and MasterCard).

The seller offers secure payments by digital means, through a secure server using SSL protocol. Therefore, the customer's credit card number is directed only to the bank's servers in a secure environment.

- Through PayPal The PayPal system allows you to make digital payments without communicating your bank details by identifying yourself with your e-mail address and a password.

- By bank transfer, selecting "Bank transfer" when placing the order on the website. Payments by bank transfer will be made to the seller within 7 days after order confirmation. The seller's bank information will be sent to the email address associated with the customer's account.

In all cases, if full payment is not received by the Seller within 7 days of order confirmation, the order will be cancelled. If requested by the customer, the seller will send an invoice including VAT.

ORDERING PROCESS

A customer wishing to make a purchase through the seller's website must:

- Create a user account with the information requested on the website (including: last name, first name, mailing and/or shipping and billing address, e-mail address and phone number).

- Consult the product description on the website and add the items you wish to purchase to your shopping cart.

- Confirm the contents of the basket.

- Correct possible errors.

- Confirm your order.

- Select and confirm the payment method.

The customer shall be fully responsible for providing accurate information and shall update it in case of changes. The seller undertakes to communicate to the customer the confirmation of the order placed, immediately and by e-mail with the information provided by the customer. The data provided and the registered confirmation will be the proof of the transaction. The seller undertakes to store the orders and their confirmations in a reliable and durable system. The customer will have access to all his orders in the "Order History" section of the websites, under "My Account". The parties shall consider the digitized records kept by the Seller as proof of the communications, orders, payments and transactions they have exchanged. It is understood that the Seller has signed a distance selling contract through its bank, that the transaction is secure and that under no circumstances will the Seller keep the customer's banking information. The customer shall be responsible for keeping the order number assigned to him by the seller, which may be requested, especially in the event of a later complaint. It is understood that the Seller reserves the right to refuse an order of an unusual nature, in particular with regard to the quantities ordered.

SHIPPING

The sale of products and services by digital means offered on the seller's website is limited to customers residing in mainland Spain. Shipments will be made to the address that the customer has indicated for this purpose when placing the order and after receipt of payment. The shipment will be made by the transport agency chosen by the seller, depending on the location of the buyer. The maximum time it takes to ship an order will be 15 days from the confirmation of the order, being the date of full payment of the order, the date to be taken into account for the start of the period of 15 days. In the case of a joint purchase of several products, the shipping time applicable to the entire order will correspond to that of the product with the longest shipment. In the event that the Seller fails to comply with its obligations, the Customer may dissolve the contract by registered letter with acknowledgement of receipt or otherwise in writing if, after requesting by the same means the Seller to deliver within a reasonable additional period, the Seller has not complied with its obligation within such period. The contract shall be deemed dissolved upon receipt by the seller of the letter or written notice informing him of the cancellation, provided that he has not dispatched the order. However, the customer may dissolve the contract with immediate effect if the estimated delivery time represents an essential condition of the contract resulting from circumstances affecting the performance of the contract or he needs an urgent delivery earlier than planned. By the method of payment of its choice, the Seller shall reimburse the total payment made by the Customer within 30 days after the date of dissolution of the contract. The amount paid by the customer will automatically be subject to a penalty of 15%. The refund will be made to an account number to be provided by the buyer. The seller will inform the customer by e-mail about the shipment of his order.

Shipping costs are calculated according to the weight of the package and will be communicated prior to order confirmation.

In case of complaints regarding the shipment of products, the customer undertakes to inform the seller as soon as possible, within 24 hours of receipt of the order, by e-mail: [email protected].

PRODUCT AVAILABILITY

In the event that a product is out of stock, the seller will inform the customer by email. The customer may choose between reimbursement, which will be paid in full within a maximum period of fourteen (14) days after the seller receives the customer's payment, or the exchange of the unavailable product for an equivalent. In that case, the cost of returning items will be the responsibility of the seller.

RESPONSIBILITY

The Seller shall be partially or totally exonerated from its obligations when evidence is obtained that the breach of contract is the responsibility of the customer, is due to unforeseen and unavoidable circumstances, is the responsibility of third parties outside the contract or is caused by force majeure.

The Seller shall not be liable in the event of a computer virus at the time the order is placed, in particular if it originates from the customer's connection or external events. In addition, the customer shall be responsible for storing the products in a cool, dry place where they are not exposed to direct sunlight.

WARRANTY

In case of not being satisfied with the products received, the customer may request their repair or replacement. However, if your choice incurs costs that the seller considers disproportionate, the seller may proceed as it deems appropriate. If it is not possible to repair or replace the product, the customer may return it for a full refund or keep it and receive a partial refund. The customer shall have the same option if the requested solution cannot be implemented within one month of the complaint or if it cannot be carried out without great inconvenience to the customer, taking into account the nature of the product and its intended use. The sale may not be cancelled if the fault is of a minor nature. In any case, the application of the guarantee of non-conformity of the product will not involve costs to the customer. In case of non-conformity of a sold product, the customer must return it to the seller, who must accept it and replace it or reimburse it. The replacement of a defective product does not extend the duration of the warranty. Claims subject to this article shall be made by e-mail: [email protected]

INTELLECTUAL PROPERTY

The Seller is the owner of all the elements of the website, in particular images, sound, text and video, as well as the technology used for its presentation and the presentation of the products. As a consequence, the customer is expressly prohibited from any reproduction, representation and distribution, even partial, of the elements forming part of the website. Any reproduction or representation of the website shall be subject to the prior and explicit permission of the seller. Failure to comply with this obligation constitutes counterfeiting and the person responsible will be held civilly and criminally liable.

In addition, any process related to integration techniques using frames or hyperlinks is explicitly prohibited, unless you have the vendor's permission. The name BREWHOUSE is a registered trademark. Therefore, any use or reproduction of said trademark without the prior authorization of the Seller by the Customer, for whatever reason or by whatever means, shall constitute an act of infringement subject to criminal and civil prosecution. The customer is strictly prohibited from using the BREWHOUSE and BREWHOUSE SEARCHER trademarks.

The seller authorizes the creation of hypertext links to the website www.https://buscadordecervezas.com/en/.

PERSONAL INFORMATION

The seller informs the customer that his personal data will be recorded and that the seller assumes the responsibilities imposed, in relation to the handling of such data, in compliance with the law. The customer is informed that his data is subject to processing to enable the seller to offer him various items and services offered on the website. In compliance with the terms and conditions of sale, the customer has the right to access, modify, correct or delete their data by contacting the seller at the following address: [email protected] seller guarantees the customer that his data will not be stored in the European Union. The data provided by the customer will not be used for the purpose of future sales. The customer is informed that the information relating to his connection to the website and, in particular, to the pages consulted and IP addresses, will be stored for the period permitted by law.

COOKIES The website may need to make use of cookies that allow it to process statistics and traffic-related information in order to facilitate navigation and improve the customer's experience, who may refuse the storage of such cookies by simply changing their browser settings.

RIGHT OF CANCELLATION Any customer who makes a purchase for personal use on the seller's website shall have the right of cancellation. The customer shall have the right to cancel within 7 days of receipt of the last product (in the case of an order consisting of several items shipped separately or in batches or several parts whose shipping period extends over a predefined period of time), to return the product to the seller for exchange or refund without having to explain his decision or pay any costs other than those incurred in returning the product. The customer shall inform the seller of his decision to cancel the order by sending the form in the appendix to these terms and conditions of sale duly completed or a handwritten letter clearly stating his intentions, before the end of the stipulated period, to the following email address: [email protected].

Provided that the returned products are in optimal condition, the seller will refund the amount paid, including shipping costs, within a maximum period of 7 days from the date on which the customer informs him of his intention to cancel, by the same method of payment that the customer used in his order, unless the use of another method of payment is agreed with the customer and provided that the refund does not involve costs for the customer. The customer is informed that he will be responsible for additional costs in case of choosing a more expensive shipping method than the standard method offered by the seller. The customer is informed that the right of cancellation does not apply to products that have been opened after delivery and that, for health and safety reasons, cannot be returned. Therefore, products that the customer has opened or consumed cannot be returned.

The customer must send or present the product to the seller or a person designated by the seller within a maximum of 7 days after the communication of his decision to cancel, as the seller does not assume the collection of the product.

The customer shall bear the costs of returning the product. The product will be sent in the state in which the customer received it, in its original box and unopened.

SELLER'S INSURANCE

The seller's insurance allows the customer to cover the shipment against damage caused by possible breakage of the products. In case of breakage of items during shipment, the seller undertakes to send the customer who has taken out the insurance a credit note or reimbursement for the market value of the damaged items. The customer has a period of 2 days from the date of shipment to send the claims. The customer will inform the seller by e-mail sent to the following address: [email protected]. The seller will then ask you to submit a signed statement of damage accompanied by photographs of the damaged items. In addition, if any goods are found to be broken, the buyer must notify the carrier on the delivery note that a breakage has occurred and automatically notify the seller.

TOLERANCE AND RENUNCIATION

The parties agree that any forbearance or waiver by either party in the performance of all or any part of its commitment under these terms and conditions of sale, regardless of frequency and duration, shall not constitute a modification of these terms and conditions of sale or create any rights whatsoever. Furthermore, no delay, inactivity, refusal or omission on the part of the Seller in the application of any of the rights described herein shall affect these, nor shall it be deemed to imply a waiver of the right to exercise its rights.

INTEGRITY

These terms and conditions of sale cover all the obligations of the parties. No indication or document shall replace the obligations contained herein, unless they are the subject of an amendment signed by both parties. No correspondence prior to the signing of this document shall replace the obligations described herein.

PARTIAL INVALIDITY

If a specific provision of these terms and conditions of sale is deemed invalid or is so declared by a decision with authority to that effect in the judgment of a competent jurisdiction, the remaining provisions shall remain in force, except for the cancellation of points 3, 7 and 8, which both parties consider essential.

CHANGE OF OWNERSHIP

The parties expressly agree that in the event of a change of ownership, through the sale, merger or other form of transfer of the company JOMEL PREMIUM SL, this contract will be transferred with all its rights to the new owner.

These terms and conditions of sale are subject to Spanish law. In case of dispute between the parties as a result of the execution or interpretation of the terms and conditions, the parties agree that, prior to any legal action, any claim shall be subject to prior written notice to be sent by registered mail. After a period of 15 days from the date of dispatch of the aforementioned letter, the parties may take appropriate proceedings. In addition, the customer may contact the European Union's Online Dispute Resolution (ODR) service, which can be accessed at: https://ec.europa.eu/consumers/odr/

It is understood that the client's request for mediation will only be accepted if:

The customer has attempted to resolve the claim directly with the seller, in accordance with the conditions set forth above. The customer's claim has a sound basis and is fair. The customer's complaint is not sent within one year of its written submission to the seller. The complaint has not been previously examined by another ombudsman or court.

PROTECTION OF MINORS

The sale of alcohol to persons under eighteen (18) years of age is prohibited. When confirming your purchase at www.https://buscadordecervezas.com/en/ or in www.brewhouse.es, at the time of purchase, the customer confirms to be at least eighteen (18) years old. At the time of shipment, the recipient must be at least 18 years old. The shipping company shall have the right to request proof of the recipient's age.

Effective date: This policy was last updated on September 23, 2024.