This page (together with the documents referred to on it) details the terms and conditions on which we will supply you the products (Products) listed on our website www.degustabox.com/en (our site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 We operate the website www.degustabox.com/en. We are DEGUSTABOX, SL a company registered in Barcelona, Spain with our registered office and trading address at C/ Bailen, 7 3-1, 08010 – Barcelona, Spain. Our VAT number is 178630677.
2. SERVICE AVAILABILITY
2.1 Deliveries of our service are only available for people resident in mainland UK, excluding Scottish Highlands and Northern Ireland. We do not accept orders from individuals that are not within the above mentioned territory.
DEGUSTABOX reserves the right to suspend access to its website, without prior notice, discretionary and temporary, for technical reasons or any other reason, and may also unilaterally modify both the access conditions, all or part of the content in it included. In any case, DEGUSTABOX may interrupt the subscription of any User who makes unethical, offensive, illegal, or incorrect use of the contents or services offered and/or contrary to the interests of the DEGUSTABOX Company.
Likewise, DEGUSTABOX has the right to carry out, during defined time intervals, promotional campaigns to promote the subscription of new members. DEGUSTABOX reserves the right to modify the conditions of application of promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting an anomaly, abuse or unethical behavior in the participation of the promoters.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 You are legally capable of entering into binding contracts;
3.2 You are at least 18 years old;
3.3 You are resident in one of the Serviced Countries; and
3.4 You are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.3 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. degustabox.com/en may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before degustabox.com/en could reasonably act. Terminate your subscription through our Contact form before the 1st of the month of desired termination.
4.4 By subscribing to degustabox.com/en you are agreeing to pay recurring periodic subscriptions for an indefinite time until canceled by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with 4.5 below. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
4.5 Auto-renewal. Following your initial subscription period of one or multiple months, your degustabox.com/en subscription will be automatically renewed. If you cancel during this period, your subscription will be ended and you will be sent the remainder of the boxes you have paid for. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
4.6 DEGUSTABOX may offer other special punctual deliveries of Products, consisting of sending a single and exclusive DEGUSTABOX without having a periodic subscription. These deliveries will be duly published on the Web and their subscription will be completely independent of other existing modalities (DEGUSTABOX Subscription and PREPAID Payment), not having, in any case, the character of recurring subscription or automatic renewal of said deliveries. For the subscription of these unique deliveries, proceed as described in the preceding sections, 4.1 and 4.2, and as described in section 4.4 regarding the cancellation and return period. You can contract gift coupons on the terms offered at any time on the DEGUSTABOX website.
4.7 To cancel your subscription, for whatever motive, please contact us through the Contact form. For the termination of the subscription to be complete and acknowledged by us you will receive a 'confirmation of cancellation' email, this email serves as the final proof of your desire to cancel your subscription contract with us and this action has been carried out by us, Degustabox S.L.
Any Degustabox customer is eligible for only one Degustabox account, if a user has more than one account, Degustabox SL reserves the right to delete the accounts without notification to the user and block them from further activity within the Degustabox community.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
4.8 The right of withdrawal from the contract doesn't apply to fresh and perishable products.
The user has the right to withdraw from the acquisition of gift vouchers.
You have the right to withdraw from this contract within 14 days without giving any reason, in case of purchasing vouchers. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good. To exercise the right to withdraw, you must inform us [UK Customer Service: DEGUSTABOX SL, C/ Bailen, 7 3-1 08010 Barcelona, Spain] your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the withdrawal period has expired.
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
4.8.1 Withdrawal Form:
To DEGUSTABOX SL, UK Customer Service: C/ Bailen, 7 3-1 08010 Barcelona, Spain:
I / We[*] hereby give notice that I / We[*] withdraw from
my/our [*] contract of sale of the following goods
[*]/for the supply of the following service[*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper).
[*] Delete as appropriate.
5. VOUCHERS, GIFT CARDS and COUPONS
5.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require activation. All of these terms and conditions shall become applicable as between us and the holder of the Voucher when the Holder redeems the Voucher.
5.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
5.3 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
5.4 Vouchers may only be redeemed through the website www.degustabox.com/en and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
5.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
5.6 Only one introductory offer may be used by any individual and can only be used once.
6. AVAILABILITY AND DELIVERY
The Products will be remitted on the date set in the Shipping Confirmation. DEGUSTABOX undertakes to deliver the Products as they would have been received from the corresponding Brand at the address indicated by the User and which, in any case, must be included within the Territory. In order to optimize the delivery process, the address indicated by the User must be an address in which delivery can be made within normal business hours. If at the time of delivery of the Product at the address indicated, the User is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery within 5 days. If, after fifteen (15) business days from the date of the notice, the User has not contacted the carrier to arrange a new delivery date, the Products will be returned to the DEGUSTABOX warehouse and the User must take charge of the shipping and return costs, as well as the possible associated management expenses. The User authorizes DEGUSTABOX to order the payment platform the charge of such expenses in the bank card provided by the User to said platform at the time of subscription to the Deliveries. DEGUSTABOX will not be responsible for any errors or damages caused in the delivery when the delivery address entered by the User does not conform to the place of delivery desired by the same. The delivery is considered made from the moment in which the product has been made available to the User in the place of delivery indicated by the User.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Product prices include VAT.
7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard. We will charge your credit or debit card once you have registered. For your second payment, you will be charged automatically on the 11th of the month. From your third payment and in each month following, you will be charged automatically within a payment window between the 1st and the 5th of each month for your monthly subscription
7.5 Upon registering, restarting regular deliveries, reactivating your account or changing card details, a £2 payment may be taken from your card in order to authorize it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect these against your account balance.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery to your address by our transport company.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. USE OF THE WEB
The User agrees to make appropriate use of the content and services (such as chat services, discussion forums or newsgroups) that DEGUSTABOX may offer through its Websites and not use them to engage in illicit, illegal activities or contrary to good faith and public order; disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights; cause damage to the physical and logical systems of DEGUSTABOX, its suppliers or third parties, introduce or spread computer viruses in the network or any other physical or logical systems that are capable of causing the aforementioned damage; try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. The User will not transmit his / her username and password to unauthorized third parties, and must immediately inform DEGUSTABOX of the access by an unauthorized user to said information.
11. OUR LIABILITY
DEGUSTABOX does not assume any responsibility derived, by way of example but not limited to:
11.1 Regarding Deliveries: DEGUSTABOX is not liable for direct or indirect and/or intangible damages, including personal injury, suffered as a result of the use and/or ingestion of the Products supplied, the loss of reputation, image, or data, which may occur during the use of the services and deliveries of the Products. The Products that make up the DEGUSTABOX come directly from the Brands, and therefore they are responsible for the fact that such products have been certified and have passed all relevant sanitary controls, to be made available to the general public. DEGUSTABOX delivers the Products to Users in the same state, and as they were previously delivered to it by the Brands. Any damage caused by the Products must be claimed directly from the Brands, with DEGUSTABOX declining any responsibility in this regard.
11.2 Regarding the Web: Of the use that Users may make of the materials on this website or link websites, whether prohibited or permitted, in violation of the intellectual property rights and/or industrial content of the website or third parties. Any damages and losses to Users caused by normal or abnormal functioning of search tools, organization or location of content and / or access to the Web, computer viruses and, in general, errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program facilitates to the User. The contents of those pages to which Users may access from links included in the Website, whether authorized or not, in particular in the context of transactions directly between The Client and the third party distributor or independent service provider. Of the acts or omissions of third parties, regardless of whether these third parties could be linked to DEGUSTABOX by contractual means. The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors in their charge or to install some control tools of the Internet with the object of avoiding (i) access to materials or contents not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
Communications or dialogues in the course of debates, forums, chats and virtual communities that are organized through or around the Web and/or websites, nor respond, therefore, any eventual damages and prejudices suffered by Private and/or collective Users as a result of said communications and/or dialogues. Errors or delays in the access to the Web by the User when entering their data in the order form, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of DEGUSTABOX. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the website are constantly operational. Of the errors or damages produced to the Web by an inefficient use of the service and in bad faith by the User. No operation or problems in the email address provided by the User to send the order confirmation. In any case, DEGUSTABOX undertakes to make its best efforts to solve the problems that may arise and to offer all the necessary support to the User to reach, as far as possible, a quick and satisfactory solution to the incident.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force majeure event).
12.2 Force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1 Fraud or fraudulent misrepresentation;
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
12.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5 Impossibility of the use of public or private telecommunications networks; and
12.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
13.2 You may print off one copy and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
13.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
Hyperlinks contained in the Web can direct to third-party Web pages. DEGUSTABOX assumes no responsibility for the content, information or services that may appear on these sites, which will be exclusively informative and in no case imply any relationship, acceptance or endorsement between DEGUSTABOX and the persons or entities holding such content or holders of the places where they are.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. NO WAIVER OF RIGHTS
The non-exercise by DEGUSTABOX of any right derived from these General Conditions will not be construed as a waiver of said right, unless expressly waived and in writing by DEGUSTABOX or prescription of the corresponding action in each case.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. WRITTEN COMMUNICATIONS & NOTIFICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Degustabox SL through the Contact form. We may give notice to you at the e-mail you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that an email was sent to the specified e-mail address of the addressee.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Spanish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Spain.