I. GENERAL CONTRACTING CONDITIONS

 

1) SUBJECT MATTER AND SCOPE OF APPLICATION

The purpose of these General Contracting Conditions is to regulate the relationship between Distribuciones Samvete, S.L. (hereinafter ‘THE COMPANY’) and you. (hereinafter ‘the Client’), relating to all transactions made through the website www.voedia.com (hereinafter, ‘the Website’), a domain owned by THE COMPANY, a legally incorporated company, with registered office at C/ Princesa 31, 2º-3, 28008 Madrid, with Tax ID number B13889324.

For any queries, you can contact us at the email address info@voedia.com.

The online contracting of the products and/or services offered by THE COMPANY through this website will be subject to the provisions of these General Contracting Conditions.

 

2) ACCEPTANCE AND PROOF OF ACCEPTANCE

The acquisition of the products and/or services must be made by activating the PAY or BUY buttons that appear at the bottom of the purchase requests, and express full acceptance of each and every one of the Contract Conditions as they are shown on THE COMPANY’s website prior to the acquisition of the products/contracting of the services, without being subject to any new clauses that may be added to the Contractual Conditions at a later date.

From the moment of acceptance, the user acquires the status of Customer of THE COMPANY as described in these General Contractual Conditions. Any product or service offered subsequently by THE COMPANY shall be subject to a new contract.

If the Customer wishes to read the Contractual Conditions in more detail, they can print the document or save it in electronic format.

Once the Customer has expressly accepted these Contractual Conditions, THE COMPANY will send them, within 24 hours of purchase, justification of the contract made, with all its terms, by email.

THE COMPANY informs you that for legal reasons it files the electronic documents in which the purchases are formalised, and you may access these documents at any time by requesting them from our Customer Service Department.

 

3) PRICES, METHOD OF PAYMENT, DELIVERY AND WITHDRAWAL

 

3.1 Prices

The prices applicable to each product and/or service are those indicated on the website on the date of the order excluding VAT (Value Added Tax).

The price including VAT will be shown in the shopping basket when the country/region of shipment is entered and may vary depending on this information. In addition, the transaction may or may not be exempt or subject to VAT depending on the buyer’s country of residence and the buyer’s status (businessperson/professional or private individual).

For shipments to countries outside the European Union, THE COMPANY will not pay the costs of taxes and customs duties for each country.

Offers will be duly marked and identified as such, conveniently indicating the previous price and the offer price.

THE COMPANY reserves the right to make any modifications it deems appropriate to the website at any time and without prior notice, and may update products and services according to the market.

Shipping costs and the corresponding VAT are always indicated in the order.

 

3.2 Form of payment

Purchases, depending on the products to be purchased, can be paid for by the means listed below:

– Card (Visa, Master Card or American Express): Available for all countries and for all types of customers.

– Bank transfer: Available for all countries but only for distributors. We will send you an email or an SMS to indicate the amount of the transfer and the details to be able to make it.

 

3.3 Delivery

Orders are sent to the delivery address indicated by the Customer, within approximately 2 to 3 working days for deliveries to the Iberian Peninsula and 2 to 5 working days for all other destinations. In the event that the item is not in stock, THE COMPANY will duly inform the Customer as soon as possible.

THE COMPANY is not responsible for any customs procedures or payment of duties that may arise when the shipment is made outside the European Community or to destinations with special tax policies within the European Community (e.g. the Canary Islands).

The customer will receive an email from the transport company indicating the tracking number of their shipment.

 

3.4 Withdrawal

The Customer shall have a period of 14 calendar days from receipt of the book(s) to communicate their intention to return it only in these cases:

– The book(s) has/have arrived defective or broken

– A book(s) other than the one(s) ordered has been sent

THE COMPANY guarantees the Customer the possibility of cancelling their order at any time and at no cost, provided that the cancellation is communicated before the order has been made available to the carrier for shipment. Otherwise, the Customer must wait to receive the order before exercising their right of withdrawal.

The right of withdrawal shall not apply in the following cases, as well as in the rest of the exceptions provided for in Article 103 of Law 3/2014:

– In the case of the provision of services, once the service has been fully performed by THE COMPANY, the Customer expresses his/her express consent to lose his/her right of withdrawal.

– In the case of digital content (ebooks, audiobooks, etc.) that is not provided on a material medium when the Customer has started downloading it. In this case, the start of such download will mean the loss of the right of withdrawal for the Customer.

– In the case of non-downloadable multimedia digital books, where the Customer has to access THE COMPANY’s website.

To exercise the right of withdrawal, you must notify us of your wish to withdraw by sending an email to info@voedia.com.

In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs, without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you have expressly stated otherwise; in any case, you will not incur any expenses as a result of the refund.

In any case, in the event that the Customer has expressly selected a delivery method other than the least expensive ordinary delivery method, THE COMPANY will not reimburse any additional costs incurred.

The returned order must be delivered together with the delivery note and, where applicable, the invoice issued by THE COMPANY, with the Customer bearing the return costs. The Customer may return any item purchased from THE COMPANY provided that the products retain their seal and any manuals, accessories or promotional gifts included. The Customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics or functioning of the goods.

If a product different to the one requested by the customer is delivered due to a mistake by THE COMPANY, the correct product will be delivered, and the first product will be collected, with no additional charge to the Customer.

If a product is broken, damaged or in poor condition when it reaches the customer, THE COMPANY will collect the product and replace it with another in good condition, with no additional charge.

For any complaints or queries, you can contact THE COMPANY through the contact section of this website.

 

4) PROCEDURES FOR CONCLUDING THE CONTRACT

To purchase the products and/or services offered on the Website, you only need to fill in the purchase form (application) with your personal details and payment details.

Once a purchase request has been received, THE COMPANY will immediately send an order confirmation to the e-mail address indicated in the purchase request within 24 hours.

 

5) RESPONSIBILITIES OF THE CLIENT

The Client undertakes to make lawful use of the services, without contravening current legislation or infringing the rights and interests of third parties.

The Client guarantees the truthfulness and accuracy of the data provided when filling in the contract forms, avoiding the causing of damages to THE COMPANY as a result of their incorrectness.

Failure to comply with any of the Contract Conditions may give rise to the withdrawal or cancellation of the services by THE COMPANY, without the need to give prior notice to the Client and without this giving the right to any compensation.

 

6) AFTER-SALES SERVICES

For any query, incident, complaint or claim after the purchase of products or services, THE COMPANY offers the Customer a Customer Service Department which can be contacted by email at info@voedia.com

 

7) INDUSTRIAL AND INTELLECTUAL PROPERTY

The intellectual and industrial property rights over the works, trademarks, logos, and any other content on THE COMPANY’s website that is susceptible to protection correspond exclusively to THE COMPANY (or to authorising third parties), who has the exclusive right to exercise the rights to exploit them in any way and, in particular, including but not limited to, the rights of reproduction, copying, distribution, transformation, commercialisation, and public communication. The unauthorised reproduction, distribution, commercialisation or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of THE COMPANY or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.

By accepting these General Contractual Conditions, the Client undertakes to respect the Industrial and Intellectual Property rights owned by THE COMPANY and third parties.

 

8) JURISDICTION AND APPLICABLE LAW

In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided for in the applicable legal regulations regarding competent jurisdiction, which, in the case of end consumers, refers to the place of fulfilment of the obligation or the domicile of the purchasing party.

All of the above is without prejudice to the Customer’s right to appeal to the Consumer Arbitration Board in their area.

In the case of a sale made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid (Spain).

 

II. SPECIAL CONDITIONS of sale of E-Books

Purchase

The Customer recognises that THE COMPANY grants him/her a licence to use the eBooks commercialised by THE COMPANY. Once acquired, said licence will consist of a direct contractual relationship between the Customer and the third party supplier of the digital contents in question, that is to say ‘The Publisher’. The Publisher of each eBook is responsible for its content, for any guarantees, if applicable, and for any claims that the Customer(s) or any third party may make in relation to said eBook.

Restrictions on Use

The Customer shall only use the eBooks for private and non-commercial purposes. The licence to use the eBooks does not imply the transfer of any right of use for promotional purposes.

Among other issues, the Customer is expressly prohibited from:

– Sell, rent, lend, make copies of, modify, transform, distribute and/or make eBooks available to the public, either partially or in their entirety, in any way that is not expressly permitted in these Specific Terms and Conditions;

– Eliminate, modify, delete or in any similar way impede the effective functioning of any measure adopted to avoid the copying, distribution, making available to the public, modification, transformation or any other type of improper or unauthorised access or treatment of the eBooks, whether partially or in their entirety;

– Provide or share the username and password with any third party other than the user;

– circumventing any technology used to protect eBooks accessible through the VOEDIA website, as well as deleting or removing from the eBooks any mention or reference to the notice of rights over them;

– using the eBooks in any way that implies a breach of these Specific Conditions;

– removing or altering any territorial restrictions applied on the VOEDIA website.

In addition, the user undertakes to take reasonable measures to prevent any unauthorised use of the eBooks.