Terms & Conditions

Terms & Conditions

Terms and Conditions of Use and Sale

These General Terms and Conditions of Use and Sale (hereinafter, the “General Terms and Conditions”) govern, along with the Privacy Policy, the access and use by the USER of the WEB SITE http://ilusionmas.com and its subdomains  (hereinafter, “the WEB SITE”) , as well as the purchasing of products and the hiring of services over the same. The USER hereby states:

  1. That he/she has read, understands and comprehends the provisions set forth herein;
  2. That he/she is a person of sufficient legal age to purchase alcoholic beverages in accordance with the user’s country of residence and has sufficient capacity to hire;
  3. That he/she takes on all the obligations set forth herein.

 The WEB SITE use attributes the condition of WEB SITE  USER (hereinafter , ” the” USER ” ) and implies acceptance of all the terms included in these General Conditions.

USERS must carefully read these General Terms and Conditions every time they access the WEB SITE, given that these General Terms and Conditions may be subject to modifications

The owner of the WEB SITE reserves the right to make modifications to site content and services or update them at any time without the need to give any prior notice. The same applies to these General Terms and Conditions and, in general, to any elements that go to make up the design and configuration of the WEB SITE.

1. General information WEB SITE.

Pursuant to the provisions of Article 10 of Spanish Law 34/2002, dated 11 July, on Information Society Services and E-Commerce, general information on the web site is provided below.

Owner: ILUSIÓN+ SCP (hereinafter, “ILUSIÓN+“).

Registered address: C/ Higini Anglès 2, 1r 1a 43001 Tarragona, Spain.

Tax Id No.: J55644918

E-mail: pau.torres@ilusionmas.com

 

2. Terms of Use.

2.1. Access to Web Site.

Access to the WEB SITE is free of charge, except as regards the cost of the connection over the telecommunications network supplied by the Internet service provider hired by the USER. Given that the content of the WEB SITE services involves, among other products, alcoholic beverages, access to the same is only permitted to individuals of legal age in accordance with that which is provided for by the regulations in their country of residence. Please exit this WEB SITE immediately if you are a minor.

2.2. Registration Requirement

Generally speaking, it will not be necessary to register as a USER to access WEB SITE services and content. Notwithstanding, the use of particular services and content will be conditional on prior USER registration.

The data entered by the USER must be accurate, up-to-date and true at all times. Registered USERS will be responsible at all times for safekeeping their password, thus assuming any damages that may arise as a result of any unlawful use of the same, as well as for its assignment, disclosure or misplacing. Accordingly, access to the restricted areas and/or the use of the services and content made by way of a registered USER password will be attributed to that same USER, who will answer for the said access and use.

2.3. Terms and Conditions of Use.

The USER undertakes to use the WEB SITE and all of its content and services ethically, in accordance with that which is provided for by law and these General Terms and Conditions of Sale. Moreover, the USER undertakes to make appropriate use of the services and/or content of the WEB SITE and to refrain from using them to conduct unlawful or criminal activities that violate the rights of third parties and/or infringe upon intellectual or industrial property regulations, or any other applicable set of laws.

The USER undertakes not to transfer, introduce, disclose and make available to third parties any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that constitute a breach of the law, morality, public order and these General Terms and Conditions. For purely guideline purposes, and in no way limited or exclusive to the following, the USER undertakes to:

I.- Refrain from introducing or disseminating content or advertising of any sort that might be racist, xenophobic, pornographic, that incites terrorism, infringes upon human rights or that encourages a non-responsible consumption of alcohol.

II.- Refrain from introducing or disseminating on the Internet data programmes (virus and malware) capable of causing damage to the information systems of the Internet service providers, their providers or third-party Internet users.

III.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that violates basic rights and public liberties protected under the constitution and international treaties.

IV.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes unfair or illegal advertising.

V.- Refrain from transferring unsolicited or unauthorised advertising, spam, chain letters, pyramid schemes, or any other form of unsolicited mailing, except to those areas (such as commercial spaces) that have been exclusively conceived for such purposes.

VI.- Refrain from introducing or disseminating any false, ambiguous or inaccurate information or content that misleads the receivers of such information.

VII.- Refrain from impersonating other USERS by using their registration passwords to the different WEB SITE services and/or content.

VIII.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a violation of industrial and intellectual property rights, patents, trademarks or copyright corresponding or belonging to the owners of the WEB SITE or third parties.

IX.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a breach of the privacy of communications and data protection regulations.

The USER undertakes not to hold ILUSIÓN+ liable for any possible claim, fine, penalty or sanction it may be obliged to bear as a result of the USER’S failure to comply with any of the aforementioned rules of use. Moreover, ILUSIÓN+ reserves the right to claim damages that may correspond to it in any such circumstances.

2.4. Disclaimer

USER access to the WEB SITE does not involve any obligation for ILUSIÓN+ to control the absence of viruses, worms or other type of malware. The USER is responsible in all cases for possessing the appropriate tools to detect and remove malware.

ILUSIÓN+ is not liable for any damage caused to USER software and IT equipment or to that of third parties when using the services offered over the WEB SITE.

ILUSIÓN+ is not liable for any type of damage caused to the USER owing to telecommunication failures or crashes that lead to the suspension, cancellation or interruption of the WEB SITE service while it is being provided or prior to its provision.

2.5. Content and Services Linked via the WEB SITE

The access service to the WEB SITE includes technical link devices, directories and even search instruments that enable the USER to access other pages and portals on the Internet (hereinafter “Linked Sites”). In these cases, ILUSIÓN+ will solely be liable for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the unlawfulness thereon or whenever it has failed to disable the link with due diligence. If the USER considers that there is a Linked Site with unlawful or inappropriate content, he/she can report this to ILUSIÓN+, without any such report involving the obligation to remove the link in question.

In no case whatsoever must the Linked Sites presuppose the execution of formal agreements with their owners or those responsible for them, nor does it represent any recommendation, promotion or identification with or by ILUSIÓN+ of claims, content or services provided thereon.

ILUSIÓN+ has no knowledge of the content and services of the Linked Sites and, therefore, is not liable for any damage caused by the unlawfulness, quality, datedness, unavailability, error or uselessness of the aforementioned content and services, or for any other damage for which ILUSIÓN+ is not directly accountable.

If the USER can access or is redirected to Linked Sites that make it possible to hire services and/or products, the USER is aware and accepts that ILUSIÓN+ is acting as a mere intermediary by facilitating this access. Accordingly, it will not be liable, either indirectly or collaterally, for damages of any type arising from the free use and/or purchasing or hiring of the aforementioned third-party products and services, or for any lack of lawfulness, reliability, utility, truth, accuracy, comprehensiveness or updatedness related to the same. For purely guideline purposes, and in no way exhaustive, ILUSIÓN+ will not be liable for: damages of any nature arising from defective compliance or non-compliance with contractual obligations acquired by third parties; unfair competition or unlawful advertising acts; the failure of the aforementioned services and products to live up to expectations or for vices of defects of any type that they may have.

2.6. Intellectual and industrial property.

All WEB SITE content, understanding this to cover for merely guideline purposes and not exhaustively, its 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 property of ILUSIÓN+ or third parties. Under no circumstances are these rights of use assigned to the USER pursuant to current intellectual property regulations.

The marks, trade names and distinguishing signs are owned by ILUSIÓN+ or third parties and access to the WEB SITE cannot be construed as attributing any rights as regards the same.

By accepting these General Terms and Conditions, the USER hereby assigns to ILUSIÓN+, free of charge and exclusively, all rights of use with respect to the articles, comments and opinions (hereinafter the “Content”) that the USER publishes or authorises to publish on the WEB SITE. The aforementioned assignment will be understood as covering users worldwide, without any restriction whatsoever, and for the maximum period provided for by Spanish Royal Decree Law 1/1996, dated 12 April, adopting the Consolidated Legislation on Intellectual Property, regularising, clarifying and harmonising current legal provisions in these matters. ILUSIÓN+ can exercise the rights to reproduce, transform, distribute and publicly disclose the Content in the broadest sense provided for by the aforementioned law.

The USER, who hereby states to have all the intellectual property rights over the aforementioned articles, comments and opinions, undertakes to take on liability or respond to any claim, including compensations for damages, that may be made against ILUSIÓN+ by a third party who considers his/her rights have been infringed upon by actions arising from obligations undertaken by the USER either directly or indirectly under these General Terms and Conditions.

Moreover, the USER undertakes to protect ILUSIÓN+ from any liability for damages that ILUSIÓN+ or third party may suffer as a result of the giving proper form to the assignment of rights under this clause.

3. Terms and Conditions of sale

3.1. Images and product availability

For the purpose of these Terms and Conditions, VENDOR will be understood as those suppliers that advertise and publicise their products on the WEB SITE owned by ILUSIÓN+. Furthermore, ILUSIÓN+ provides additional services to that of the technological platform, such as means of payment, customer services and, where appropriate, logistics services.

Given the characteristics of the platform, ILUSIÓN+ does not guarantee total product availability at the time of purchase, regardless of the reception of the order confirmation e-mail. If the VENDOR does not have said product in stock, as long as the USER does not wish to change the product in question, the price of the product will be fully refunded, or credit will be given for the same amount in the USER’s ILUSIÓN+ account. ILUSIÓN+ will effect partial or total repayment.

3.2. Checkout Process

The process to purchase products on the WEB SITE is as follows:

1) Start the process by clicking on the “Buy” button that appears beside each product.

2)  Select the product units that the USER wants to purchase. He/she must click on “Shipment data” in the shopping basket and enter the correct address where he/she wishes to receive the order and must then click on the “Place order” button.

3) If the USER has a discount or gift voucher, he/she must add this to the shopping basket in the space provided to enter the voucher (“I have a discount voucher”). If the USER does not enter the voucher in the aforementioned space and the order is made without a discount, he/she cannot demand that the discount be applied after order confirmation.

4) The USER can see the name of the courier company that will deliver his/her order in the section entitled “Your order”, along with the estimated delivery data and the cost of this service, which will be added to the total cost of the order. Then he/she must click on “Continue”.

5) The USER must select one of the methods of payment that ILUSIÓN+ provides: payment by credit / debit AMERICAN EXPRESS, VISA, VISA Electron, Maestro or Mastercard, or by bank transfer.

6) Lastly, the USER must click on the “Pay securely” button. The USER will receive confirmation of the acceptance of any order placed by means of a message that comes up on the screen and an e-mail sent to the address provided previously. All WEB SITE products are marketed in accordance with ILUSIÓN+ sales catalogues.

5.2.9. If payment is made by bank transfer, ILUSIÓN+ cannot ensure that the product price will remain the same beyond 48 hours or that there will be sufficient stock.

5.2.10. ILUSIÓN+ platform offers USERS a purchasing service for products to be consumed either by individuals or companies. ILUSIÓN+ does not authorise the re-sale of these purchases nor any documentation to this end. The USER is fully responsible for any such actions, exempting ILUSIÓN+ for any liability as regards the re-sale of these products. Whenever the USER is a corporate person, consumer legislation will not apply to such a USER. Thus some rights as, for example but not limited to, the right to withdraw will not apply.

3.3. Price & Payments

All prices published the web site, unless expressly stated otherwise, have included the VAT. Users must pay for your purchases by bank transfer, credit or debit cards AMERICAN EXPRESS, VISA, VISA Electron, Maestro or Mastercard..

Whenever paying by bank transfer, the USER must make sure that the details contained in the order confirmation e-mail figure in the said transfer. Consequently, the bank transfer will indicate the account number to which the transfer is to be made, the amount involved and the reference that must be attached to speed up the definitive acceptance process related to the order in question. The order will be processed after full payment has been made. The delivery data reported to the USER will begin to be calculated as of the reception on account of the full amount. The order made by bank transfer is valid for 48 hours. Any payment made after that term can be subject to changes with respect to price and product availability.

ILUSIÓN + reserves the right to request a copy by fax or e-mail the card used in the purchase and identity document (ID card, passport …) the user to confirm the accuracy of the data provided .

3.4. Shipping and Delivery Costs, Withdrawal and Return

ILUSIÓN+ or, where appropriate, the VENDOR will indicate the shipping costs in the order process. Orders will be delivered at the delivery address freely provided by the USER in the order form, as long as the address is confirmed as lying within the delivery areas covered on the Platform. ILUSIÓN+ will not accept liability when delivery is not made as a result of the inaccuracy or falsity of the data provided by the USER for this purpose, or for circumstances in which the delivery cannot be made for reasons beyond the control of the delivery company assigned, such as the absence of the addressee.

The order will be delivered as soon as possible and, whatever the case, no later than thirty (30) calendar days as of the date of order confirmation. Though the order contains an approximate delivery date, the VENDOR reserves the right to be able to change this date as long as the USER and ILUSIÓN+ are informed beforehand. The delivery date on the order is purely informative and not contractually obligatory. As long as the product has not been sent and/or the total delivery term as of the payment of the order exceeds 30 calendar days, the USER can cancel the order at no cost and receive a refund of the price.

Deliveries are made on business days (Mondays to Fridays) during business hours (9 am-7 pm). Regrettably, deliveries are not made on weekends, outside business hours or on public holidays, regardless of whether or not the USER requests these options in the order or by some communication to the ILUSIÓN+ team.

Orders can be cancelled at no further charge up to the time in which the dispatch has been prepared for shipping to the USER. If the USER cancellation request comes after the order has been prepared, the cancellation will be considered as a return by the USER.

The USER can freely withdraw from the purchase contract without indicating any reason within seven business days after the receipt of the product. The USER will pay for return delivery costs and will undertake any other steps involved in the return of the product. This product must be packaged and parcelled securely so that the goods are returned in a perfect state of preservation.

If there is some error in the delivery or some product defect, ILUSIÓN+ undertakes to change the defective product for another one exactly alike, as long as there is one available. ILUSIÓN+ will pay for return and shipping costs. If it is not possible to replace the product, the price of the same will be refunded. Please contact us at the following number or e-mail if you wish to return any product: 977 233257 or pau.torres@ilusionmas.com.

 

3.5. Communications

When a user makes a request through the website ILUSIÓN+, you will be informed of a contact email (and additionally phone) business partner and supplier of the product responsible for the supply and delivery of product.

4. Clause invalidity and nullity

If any of the clauses of these General Terms and Conditions are declared either wholly or partially null and void or invalid, any such nullity or invalidity will solely affect the clause in question, or the part thereof that proves to be null or invalid. Notwithstanding, the remaining General Terms and Conditions will continue to be regarded as valid.

5. Applicable legislation and competent jurisdiction

  1. These General Conditions will be governed and will interpret in accordance with the Laws of Spain.