General Terms and Conditions

These General Conditions of Use and Contracting (hereinafter, “General Conditions”) govern, together with the Privacy Policy and the Cookies Policy, the access and use of the website www.sylexgin.com (hereinafter, the “website”) as well as the contracting of products and/or services through this medium. The simple access to the web attributes to the person who does it the condition of User/Visitor of the web (hereinafter, “the User”) and implies the acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the website without using it.

By accepting these General Conditions, the User declares:

• That he/she has read, understands and comprehends what is set forth herein.
• That he/she is of legal age according to the regulations in force in his/her place of residence, otherwise the minor must have the authorization of his/her legal representatives.
• That, in the event that he/she intends to purchase any product and/or service, he/she has sufficient capacity to do so and declares to be of legal age, in his/her country of residence, for the purchase of alcoholic beverages.
• That he/she assumes all the obligations set forth herein.

The User must read carefully the present General Conditions every time he/she accesses the Web, since the same and these General Conditions can undergo modifications.

The owner of the Web reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of all the elements that make up the design and configuration of the same.

The modification of these General Conditions shall not affect the goods or promotions that had been acquired prior to said modification.

In the event that SYLEXGIN entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties acknowledge that the only valid version of these conditions at any given time is that which appears in the database of the trusted third party.

1. General information of the WEB

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, the general information of the Web is provided below:

Owner: INNOVAMOS EN MARCAS PREMIUM, S.L. (hereinafter, “SYLEXGIN”).
Registered Office: Avda. Botànic Cabanilles, 6 – 03070 – Xàbia – Alacant – SPAIN
C.I.F.: B98749419
E-mail: hola@sylexgin.com

2.Conditions of Use

2.1. Access to the Web

The simple access to the Web is free except for the cost of the connection through the telecommunications network supplied by the access provider contracted by the User.

2.2. Need for Registration

The use of certain services and contents may be conditional on the User’s prior or subsequent Registration.

The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the custody of his password, assuming in consequence any damages and prejudices that could derive from his undue use, as well as from the cession, revelation or loss of the same one. To these effects, the access to restricted areas and/or the use of the services and contents realized under the password of a registered User will be considered realized by the above mentioned registered User, who will answer in any case of the above mentioned access and use.

2.3. Rules for use of the Website

The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Website and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.

The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User undertakes to:

1.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, apology of terrorism or that violate human rights.

Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.

3.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties.

Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.

5.- Not to transmit unsolicited or unauthorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.

6.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.

7.- Not to impersonate other Users by using their registration codes to the different services and/or contents of the Web.

Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Web or third parties.

Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.

The User undertakes to indemnify SYLEXGIN against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User’s non-compliance with any of the rules of use indicated above, and SYLEXGIN also reserves the right to request the corresponding compensation for damages.

SYLEXGIN will sometimes provide the User through its communications, such as periodic bulletins/newsletters, with a link that will allow him/her to access his/her personal account. This access will be carried out through a unique and private address, so that the User will not need to enter his or her passwords to access the Website. Consequently, the User must treat SYLEXGIN communications confidentially and refrain from forwarding them to third parties, in order to avoid unauthorized access to the private information of his/her account.

2.4. Exclusion of Liability

Access by the User to the website does not imply any obligation on the part of SYLEXGIN to check for the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of suitable tools for the detection and disinfection of harmful computer programs.

SYLEXGIN shall not be held responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website.

SYLEXGIN shall not be liable for damages of any kind caused to the User as a result of faults or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the service of the website during the provision of the same or prior to the same.

2.5. Contents and services linked through the Website

The web access service may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and websites (hereinafter, “Linked Sites”). In these cases, SYLEXGIN shall only be liable for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may inform SYLEXGIN of this, without in any case this communication entailing the obligation to remove the corresponding link.

Under no circumstances shall the existence of Linked Sites presuppose the formalization of agreements with those responsible for or owners of the same, nor the recommendation, promotion or identification of SYLEXGIN with the statements, contents or services provided.

SYLEXGIN has no knowledge of the contents and services of the Linked Sites and, therefore, shall not be liable for any damage caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage not directly attributable to SYLEXGIN.

2.6. Intellectual and industrial property

All the contents of the website, understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of SYLEXGIN or third parties, and none of the exploitation rights recognized by current legislation on intellectual property on the same may be understood to have been transferred to the User.

The trademarks, trade names or distinctive signs are the property of SYLEXGIN or third parties, without it being understood that access to the Website attributes any right over them.

In any case, the User knows and accepts that the ratings and comments made on the products available through the Website may be accessible to the rest of the Website Users, including the identity of their author.

For all comments freely posted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter “the Contents”), the User grants SYLEXGIN, free of charge, a non-exclusive, worldwide license for the maximum duration provided for by law. On the basis of this license, SYLEXGIN may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of providing the services offered by SYLEXGIN and advertising its products and services.

3.Terms and Conditions

3.1. User Registration

The use of the services provided by SYLEXGIN implies the need for the User to register on the Website.

The User must register by indicating his/her full name, e-mail address and may indicate the e-mail address of a sponsoring User. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that he/she has access to it.

In any case, the User will be required to accept these Terms and Conditions, as well as the Privacy Policy and the Cookies Policy.

Once the User is correctly registered on the website, he/she can access “My Account” at any time. Through “My Account” the User can modify his personal data as well as the data related to the shipment of orders, check if he has orders pending delivery.

In the “My Account” section the User can view the gift vouchers / coupons available to him, download invoices for orders, and the ability to cancel the account at any time by indicating a reason why you want to cancel it.

3.2. Shipping conditions

SYLEXGIN only ships its products to: Mainland Spain, Portugal, Germany, France, Austria, Belgium, Belgium, Italy, Luxembourg. Netherlands, Denmark, Switzerland, Slovakia, Slovenia, Poland and Czech Republic. It will not be possible to make the purchase process through the Web to destinations other than those indicated. SYLEXGIN does not ship products to the autonomous cities of Ceuta and Melilla. For shipments to other destinations, please contact sales@sylexgin.com.

The purchase of products on the Web is subject to the payment of shipping costs, at the buyer’s expense.

Shipping costs will depend on the destination and the number of products purchased according to the indicative table below. In any case, the actual shipping costs will be detailed throughout the purchase process and the purchaser will have the possibility to review these costs before finalizing his purchase. SYLEXGIN cannot be held responsible for delays in the delivery of orders due to causes not directly attributable to SYLEXGIN, acts of God or force majeure.

(*) The number of bottles is indicated in 70cl. bottles.

(*)The indicated deadlines are understood as from the working day following the order shipment confirmation. The preparation of the product from the confirmation of payment may take up to 2 days.

The above shipping costs include, in addition to the transport of the products, their packaging in boxes specially designed for transporting bottles, insurance against loss or breakage, as well as VAT.

Orders shall be delivered to the delivery address freely designated by the User. SYLEXGIN shall not assume any responsibility when the delivery of the product does not take place as a consequence of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot take place for reasons beyond SYLEXGIN’s control, such as the absence of the addressee at the delivery address.

In case of absence of the addressee and whenever possible, a note will be left with the necessary information to arrange a new delivery at the addressee’s address or the necessary indications for the addressee to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without having been able to deliver the order, it will be returned to origin proceeding to terminate the contract.

3.3. Warranty.

The products marketed through this website have the guarantees offered by the producers of the same. In those incidents that justify the use of the warranty, will opt for repair, replacement of the item, discount or refund, under the terms established by law. The Royal Legislative Decree 1/2007 of November 16 grants to the goods of durable nature a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

The User has a period of 14 calendar days from receipt of the products to request the return of the products, sending an email to devoluciones@sylexgin.com, and specifying as subject “Return”. The User must state the order number and the products to be returned.

The User must return all units of the product in perfect condition (not damaged, soiled or opened by the User), properly protected and, ideally, in their original packaging. After verification by SYLEXGIN of the good condition of the products, the amount corresponding to the units returned will be reimbursed within a maximum period of 10 calendar days using the same means of payment used by the User for the initial purchase. This guarantee does not extend to return transport costs, which shall be borne by the User.

3.4. Gift Card/Coupon Conditions

Gift Cards/Coupons allow the amount to be redeemed when making a purchase of products via the Website.

Users may obtain a Gift Card by making a purchase through the Website and for the amounts predefined by SYLEXGIN. Each Gift Card includes a unique promotional code that the User must apply during the processing of his order to benefit from the corresponding discount on his purchase.

The Gift Cards may be redeemed by any person who enters the code associated with them on the website, so we advise you to treat them confidentially and not to provide the codes to third parties other than the beneficiaries. SYLEXGIN assumes no responsibility for misuse of the Gift Card resulting from an action or omission by the User.

The Gift Cards have an expiration date and are not redeemable for cash. In any case, the Gift Cards purchased may be subject to the right of withdrawal by the purchasing User, as described in section 3.10.

Products purchased by redeeming a Gift Card shall also be subject to the rights described in these conditions, such as, but not limited to, the rights of withdrawal and warranty.

3.5. Selection of products by the User

Any registered User may contract the purchase of products through the Website.

The purchase process in SYLEXGIN is based on a virtual cart, to which the User can add the products he/she wishes to purchase.

To add products to the shopping cart, once the User is on the product description page and has selected the customization options available, he/she must select the option “Add/Buy” and the number of units of the product he/she wishes to purchase.

At any time the User can access and modify the contents of the cart.

3.6. Order processing

Once the products that the User wishes to purchase are in the shopping cart, the User will be able to initiate the processing of the order, selecting the option “View cart”, option that will show the User the content of the virtual cart, allowing the modification of the selected products and their elimination from the shopping cart.

The User must make sure that the products shown on the screen are the ones he/she wishes to purchase and select from the geographical areas listed the one corresponding to the shipping address. At this point, the total price of the selected products and the shipping costs generated are shown. Also in this section, the User will be able to visualize, in its case, the promotions automatically applied to its order, to use the promotional codes and/or the gift checks of which it has.

By clicking “NEXT”, the User accesses a panel where he/she must indicate the shipping information; to continue with the contracting process, the User must fill in the shipping information, including his/her full name, telephone number and address, filling in all the fields marked as mandatory. In this section, the User may include any useful information that he/she considers necessary for the courier, although SYLEXGIN cannot guarantee its compliance.

If the User wishes the billing address to be different from the delivery address, he/she must check the box “My billing address is different from the delivery address” and fill in the corresponding information.

In the next phase of the purchase process, the User must select the payment method. At this point, the User is again informed of the exact amount to be paid, resulting from adding the price of the products and the shipping costs, net of any promotional discount and/or gift voucher.

By following the link “PLACE ORDER”, the User will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an email to the User confirming the operation.

3.7. Price of the products

The prices of the products are those indicated in the description attached to them. All prices indicated in the product description are expressed in Euro currency (€) and include Value Added Tax (VAT).

3.8. Payment method

The purchase of products through the SYLEXGIN Gateway allows the following forms of payment:

• Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.

To use the credit card through a virtual POS, the buyer must fill out a form indicating the name of the card owner, type of card, card expiration date and security code.

SYLEXGIN has no access to the bank details linked to the means of payment and does not know or record these details during the payment transaction.

3.9. Confirmation of receipt of acceptance

Once the purchase process is completed, the User will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, shipping method selected, date of contracting, order number and delivery date. Likewise, a permanent link to the present contracting conditions will be sent to the e-mail address provided by the User. The User may request at any time, free of charge, a copy of the general conditions applicable at any time from SYLEXGIN or from any third party designated for registration and version control, as the case may be.

3.10. Right of withdrawal.

The buyer will have in any case within fourteen (14) calendar days after receipt of the Product to exercise their right of withdrawal without having to justify reasons or have any penalty.

In accordance with Article 102.d) of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, not being applicable to the supply of goods that may deteriorate or expire rapidly, so you can not exercise the right of withdrawal on bottles that have been opened for example, due to the rapid deterioration of the contents in such cases.

The buyer must express his intention to withdraw within the indicated period and must proceed to return the product. The User may send an e-mail to the address devoluciones@sylexgin.com including his name and address, as well as the number of his order. The User may also contact SYLEXGIN by telephone in order to speed up the process of returning the corresponding amounts.

SYLEXGIN shall reimburse the sums paid by the User without deduction of costs. However, the cost of returning the product shall be borne by the User.

Once the products to which the withdrawal applies have been received and their correct condition has been verified, SYLEXGIN shall refund the User the sums paid within a maximum of 10 calendar days. Products not in their original packaging may be subject to depreciation.

4.Nullity and ineffectiveness of the clauses

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall remain in force in all other respects, and such provision shall be considered totally or partially as not included.

5.Applicable law and competent jurisdiction

In accordance with EU Regulation N°524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr/.

These General Terms and Conditions shall be governed by and construed in accordance with Spanish law. SYLEXGIN and the User agree to submit any dispute that may arise from the provision of products or services covered by these General Conditions, to the Courts and Tribunals of Valencia.

Last update: May 04, 2022