GENERAL SALES CONDITIONS


INFORMATION ABOUT US

This site is operated by DigitalGrowth SL and any purchases you make will be dispatched by the same company (us).

Our tax identification number is B66605825.

You can contact us through the following email: info@penguindrink.com, by phone +34650.655.303 or writing to us at the postal address mentioned above.

YOUR PERSONAL DATA

    Your personal data will be used in accordance with our Privacy Policy which you can consult here.

    PURCHASE

    You can place an order to purchase the products we advertise on our website by following the instructions on the screen after clicking on the desired item. You will have the opportunity to verify and correct any errors in your order before you click the checkout button. If you complete the checkout process and submit the details of the desired products, we understand that you assume the obligation to pay for the products.

    We will confirm your order by sending you an automatically generated email. By this email, the contract will be concluded.

    The contract will relate only to the products referred to in our email confirming our acceptance of your order. You should read and check the purchase order details in this email to ensure that they are correct.

    If the details in the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at info@penguindrink.com. The contractual language will be English. Once we accept your order, we have a legal obligation to supply products that are in conformity with this GENERAL CONDITIONS OF SALE document.

    PRICE AND SHIPPING COSTS

    Occasionally, an error may occur in the amount of the product and in these circumstances we assume no obligation to ship the products at the incorrect price. We may, at our discretion, take the following actions: cancel the order, refund the amount you have paid and make every effort to contact you to ask you if you wish to proceed with the order at the correct price. If we are unable to contact you or you do not wish to proceed with the order, we will cancel the order and refund the amount you have paid. However, if in any case the price of the product is less than the stated price, we may (at our discretion) proceed with the order and send you the products at the price you have already paid.

    Unless otherwise stated, all prices already include VAT (whichever is applicable) but do not include shipping costs. Shipping costs can be consultedhere (link to page) In any case, you will be informed of the amount before finalizing the purchase.

    AVAILABILITY AND SHIPPING

      The information shown on this site regarding availability is subject to change without notice. We cannot guarantee the continued availability of all products. All orders are subject to stock availability at all times.

      We deliver to Spain and Portugal. We will deliver the products ordered to the delivery address you provide when you fill in your details during the checkout process.

      Delivery will be made according to the order information once the purchase process is completed.

      We will make every reasonable effort to deliver the products on the agreed date. In the event of unforeseen circumstances beyond our control (e.g. adverse weather conditions, unforeseeable delays caused by traffic congestion, road works, diversions or mechanical breakdowns...) and we are unable to deliver the goods within the stated time, we shall not be liable for any delay subject to these circumstances. In the event of a non-delivery, we and you will agree an alternative delivery date.

      In any event, we shall also not be liable for any delays that may be caused by the non-availability of receipt of the order. In this case, you should contact the courier company delivering to your city, as appropriate, to arrange collection or delivery of the order.

      PAYMENT

        The payment of the products must be made according to the means of payment established in the online store itself, understanding that it complies with the regulations expressed in the different documents regarding the legality that you can consult on our website. Once payment is received, we will proceed to ship the products detailed in the order.

        RIGHT OF CANCELLATION

          You have the right to cancel the contract within 14 days without the need to state your reasons.

          The cancellation period will expire after 14 days from the day on which you or someone on your behalf physically purchases the order.

          To exercise the right of cancellation, you must inform us info@penguindrink.com, telephone number: + 34 650.655.303 of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). In order to meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period has expired.

          Effects of cancellation

          If you decide to cancel the purchase contract, we will refund you the amount you have paid for the order without shipping costs. We may make a deduction from the refund for loss of value of any goods delivered, if the damage was caused as a result of improper handling by you. We will make the refund without undue delay, and no later than: (a) 14 days after the day on which we receive the goods supplied from you, or (b) (if earlier) 14 days after the day on which you provide evidence that you returned the goods, or (c) if no goods were supplied, 14 days after the day on which we receive information about your decision to cancel this contract. We will carry out the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in either case, you will not incur any fees as a result of the refund.

          We may withhold the refund until we have received the goods back or you have provided evidence of having returned the goods, whichever is the earliest.

          You must return the goods or hand them over to us without undue delay and in any event not later than 14 days from the date on which you notify us of your cancellation of this contract. The deadline is met if you return the goods before the expiry of the 14-day period.

          You will have to bear the direct cost of returning the goods.

          You will be solely liable for any damage caused to the goods as a result of improper handling which was not in accordance with the natural characteristics and functioning of the goods.

          CANCELLATION BY US

            We reserve the right to cancel the contract between us if, for example:

            • We do not have sufficient stock to deliver the products you have ordered;
            • We do not deliver to your geographical area
            • One or more of the products you ordered were listed at an incorrect price.

            If we cancel your contract, we will notify you by email and refund to your account the amount deducted by us from your credit or debit card as soon as possible.

            TITLE AND RISK

              You will become the owner of the goods when they have been delivered to you and we have received payment for them from you. Once the goods have been delivered to you or your nominated person, the goods will be at your risk and you will be responsible for them.

              LIABILITY

              To the extent not prohibited by law, we do not accept any liability for any:

              • loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
              • loss arising where we are not at fault or you breach these Terms and Conditions; and
              • commercial loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunities and other similar losses and business interruption). Nothing in these terms shall affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title to or quiet enjoyment of, or in connection with, any product supplied by us; or (e) in relation to any other liability, including obligations arising under the sale of goods or the law relating to the supply of services, which are not excluded or limited by applicable law.

              MATTERS BEYOND OUR CONTROL

                We shall have no liability to you for any delay in delivery of the goods which is caused by an event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attacks, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restrictions of government and imposition of import or export restrictions).

                GENERAL

                If any provision of these Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions of Sale and the remainder of the provision in question shall not be affected.

                No person other than you and us will have any right to enforce our agreement, whether under the Contracts (Third Party Rights Act 1999) or otherwise.

                If we do not insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you and we will not do so. It means you don't have to perform those obligations. If we do waive a default by you, we will only do so in writing, and that does not mean that we will automatically waive any subsequent default.

                You may not assign or transfer your rights or obligations under our agreement unless we agree in writing.

                We may update, modify and amend these Terms and Conditions from time to time without notice to you. Whenever you order or purchase any goods from us, the then current Terms and Conditions (as set out in this section) will apply. Please refer to this section to ensure that you understand which terms and conditions apply.

                LAW AND JURISDICTION

                  These terms are subject to Spanish law. Any contract for the purchase of products from this website and any dispute or claim arising out of or in connection with such contract shall be governed by Spanish law. You and we agree that the courts of Barcelona shall have exclusive jurisdiction. (as the case may be here)

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                  English