1. GENERAL INFORMATION
The ownership of this website, https://www.villasantmeloneras.com, (hereinafter referred to as the Website) is held by: Villa Sant Meloneras 22, SL, with Tax Identification Number (NIF): B56333917 and registered in the Commercial Registry of Las Palmas de Gran Canaria. The registration details are as follows: Volume 2330, Folio 89, Sheet CG61626, and the contact information is: Address: Calle República Argentina, 65 (35240 – Ingenio – Las Palmas) Contact phone: 646228571 Contact email: villasantmeloneras@gmail.com This document (as well as other documents mentioned herein) regulates the conditions under which this Website (https://www.villasantmeloneras.com) is used, as well as the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity carried out by Villa Sant Meloneras through the Website includes: Tourist accommodation In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, privacy policy, and data protection policy of Villa Sant Meloneras. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if they do not agree with all of it, they should not use this Website. It is also noted that these Conditions may be modified. The User is responsible for checking them each time they access, browse, and/or use the Website since those in force at the time of requesting the acquisition of products and/or services will apply. For any questions the User may have regarding the Conditions, they can contact the owner using the contact information provided above or, if applicable, using the contact form.
2. THE USER
Accessing, browsing, and using the Website confer the status of a user (hereinafter referred to, interchangeably, individually as User or collectively as Users), so all the Conditions set forth herein, as well as their subsequent modifications, are accepted from the moment the navigation on the Website begins, without prejudice to the application of the corresponding legal regulations, as applicable. The User assumes responsibility for the correct use of the Website. This responsibility will extend to: • Using this Website only to make legitimate inquiries and purchases or legally valid acquisitions. • Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be canceled, and the relevant authorities will be notified. • Providing truthful and lawful contact details, such as email address, postal address, and/or other details (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website. The User may formalize, at their choice, with Villa Sant Meloneras the purchase contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Registered Users can make purchases on the Website through the established means and forms. They must follow the online purchase and/or acquisition procedure at https://www.villasantmeloneras.com, during which various products and/or services can be selected and added to the cart, basket, or final purchase space, and finally, click on “BOOK.” Likewise, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified. Subsequently, the User will receive an email confirming that Villa Sant Meloneras has received their order or purchase request and/or provision of the service, i.e., the order confirmation. And, if applicable, they will also be informed by email when their purchase is being shipped. Once the purchase process is complete, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Also, if the User wishes, they can obtain a copy of their invoice on paper by requesting it from Villa Sant Meloneras using the contact spaces on the Website or through the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain specific sales conditions related to the product and/or service in question, which are displayed alongside its presentation or, where appropriate, its image on its Website page, indicating, by way of example but not exhaustively, and depending on each case: name, price, components, weight, quantity, color, product details, or features, how the services will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or making the acquisition constitutes full and complete acceptance of the specific sales conditions applicable in each case. Communications, purchase orders, and payments made during transactions on the Website may be archived and stored in the computerized records of Villa Sant Meloneras to constitute a means of proof of transactions, always respecting reasonable security conditions and the current laws and regulations in this regard, particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that Users are entitled to under the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Villa Sant Meloneras through the Website are subject to the availability of the products and/or the absence of any circumstance or force majeure (clause nine of these Conditions) affecting their supply and/or the provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, Villa Sant Meloneras undertakes to contact the User and refund any amount that may have been paid as a result.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise required by law, especially regarding VAT, which is indicated and applied differently. However, and unless stated otherwise, the prices of the items offered exclude shipping costs, if any, which will be added to the total amount due when the User manages the shipping process, where they will check the available shipping methods and costs and freely choose the one that suits them best. Under no circumstances will the Website add additional costs to the price of a product or service automatically, only those selected and voluntarily chosen by the User. Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation. The accepted payment methods will be: Credit or debit card, and Bank transfer. Villa Sant Meloneras uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. Therefore, the Website uses a secure SSL (Secure Socket Layer) payment system. Credit cards will be subject to checks and authorizations by the issuing bank, and if the bank does not authorize the payment, Villa Sant Meloneras will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User. Once Villa Sant Meloneras receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service to be provided are sent to the User in the specified form and, where appropriate, location. In any case, by clicking on “BOOK,” the User confirms that the payment method used is theirs. Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 natural days from the order confirmation to allow enough time for the bank transfer to be taken into account by the payment system used by Villa Sant Meloneras for the Website. When the system receives the transfer, the order will be prepared and managed for shipping. With this payment method, the User must ensure that they enter the exact amount of the purchase order, as well as the account number and the reference of the transfer, correctly. In case of an error, Villa Sant Meloneras cannot validate the order, and it will be canceled.
6. DELIVERY
In cases where the physical delivery of the contracted good is necessary, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) Except in cases where there are unforeseen or extraordinary circumstances, or, where applicable, resulting from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 natural days from the date of the order confirmation. If, for any reason attributable to Villa Sant Meloneras, it cannot meet the delivery date, it will contact the User to inform them of this circumstance, and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days. If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again. If the User will not be at the delivery location during the agreed time slot, they must contact Villa Sant Meloneras to arrange delivery on another day. If 30 days elapse from the availability of the order for delivery, and it has not been delivered for reasons not attributable to Villa Sant Meloneras, Villa Sant Meloneras will assume that the User wishes to withdraw from the contract, and it will be considered resolved. As a result of the resolution of the contract, all payments received from the User will be refunded, except for additional costs resulting from the User’s choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 natural days from the date the contract is considered resolved. However, the User should be aware that the transport resulting from the resolution may have an additional cost that may be passed on to them. For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address. Any risks arising from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Villa Sant Meloneras receives full payment of all amounts due in relation to the purchase or acquisition, including shipping costs, or at the time of delivery, if this occurs after the complete receipt of the amount to be paid by Villa Sant Meloneras. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that, in the event of detecting an error when entering the necessary data to process their purchase request on the Website, they may modify the information by contacting Villa Sant Meloneras through the designated contact spaces on the Website. Additionally, the User can use the contact information provided in clause one (General Information) or the customer service contact if available. Furthermore, the User can rectify this information through their personal space on the Website.
In any case, before clicking “BOOK,” the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is directed to consult the Legal Notice and General Terms of Use, specifically the Privacy Policy, for more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, dated April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User acquires products on or through the Website of the owner, they have certain rights, as listed and described below:
Right of Withdrawal The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from the purchase within 14 calendar days without justification. This withdrawal period expires 14 calendar days after the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the goods purchased on the Villa Sant Meloneras Website, or in the case of goods that make up their order are delivered separately, 14 calendar days after the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the last of those goods that made up the same purchase order. In the case of a service contract, the withdrawal period is 14 calendar days from the day the contract is concluded.
To exercise this right of withdrawal, the User must notify their decision to Villa Sant Meloneras. They may do so, if applicable, through the designated contact spaces on the Website. Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Villa Sant Meloneras provides as an attachment to these Conditions; however, its use is not mandatory. To meet the withdrawal deadline, it is sufficient for the communication expressing the decision to withdraw to be sent before the corresponding period expires.
In the event of withdrawal, Villa Sant Meloneras will refund the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive one offered on the Website), without undue delay and, in any case, no later than 14 calendar days from the date Villa Sant Meloneras is informed of the User’s decision to withdraw.
Villa Sant Meloneras will refund the User using the same payment method that the User used for the initial purchase transaction. This refund will not incur any additional costs for the User. However, Villa Sant Meloneras may withhold the refund until it has received the products or items from the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User can return or send the products to Villa Sant Meloneras at [address], and must do so without undue delay and, in any case, no later than 14 calendar days from the date Villa Sant Meloneras was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery) if incurred. Additionally, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Enumeratively, and not exhaustively, this would be the case for personalized products; products that can deteriorate or expire quickly; CDs/DVDs of music or video without their factory seal; products sealed for reasons of hygiene or health that have been unsealed after delivery; and the supply of digital content without physical support.
The provision of a service that the User may contract on this Website is governed by the same rules. The law establishes that the right of withdrawal does not apply when the service has been fully performed, or when it has begun with the express consent of the consumer and user, along with their acknowledgment that, once the contract has been fully executed by Villa Sant Meloneras, they will lose their right of withdrawal.
In any case, no refund will be made if the product has been used beyond simply opening it, for products that are not in the same condition as they were delivered, or that have suffered any damage after delivery.
The products must also be returned using or including all their original packaging, instructions, and other accompanying documents, as well as a copy of the purchase invoice.
The withdrawal form model can be downloaded from the following link:
Return of Defective Products or Shipping Errors These cases involve situations where the User believes that, at the time of delivery, the product does not comply with the terms stipulated in the contract or purchase order. In such instances, the User must immediately contact Villa Sant Meloneras and report the existing non-conformity (defect/error) through the same means or by using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed of how to proceed with the return of the products. Once returned, the products will be examined, and the User will be notified within a reasonable period whether a refund or replacement is appropriate.
The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days following the date on which an email is sent confirming the appropriateness of the refund or replacement of the non-conforming item.
The amount paid for products returned due to a defect, when proven, will be fully refunded, including delivery costs and any costs incurred by the User to return the product. The refund will be made using the same payment method that the User used to pay for the purchase.
In any case, the rights recognized by current legislation will always be applicable to the User as a consumer and user.
Guarantees As a consumer and user, the User is entitled to guarantees on the products they may acquire through this Website, in accordance with the legally established terms for each type of product. Villa Sant Meloneras is responsible for any lack of conformity that occurs within three years from the delivery of the product.
In this sense, products are considered compliant with the contract as long as they: comply with the description provided by Villa Sant Meloneras and possess the qualities presented therein; are suitable for the uses for which products of the same type are ordinarily intended; and exhibit the usual quality and performance of a product of the same type that the User can reasonably expect. If this is not the case for products delivered to the User, they must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some products sold on the Website may have non-uniform characteristics, provided they result from the type of material with which they are made, and therefore, they will be part of the individual appearance of the product, not considered a defect.
It may also occur that the User purchases a product on the Website from a third-party brand or manufacturer. In this case, if the User believes it is a defective product, they also have the option to contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly with them for three years following the delivery of such products. To do this, the User must have retained all information regarding the product’s warranty.
9. DISCLAIMER
Except as required by law, Villa Sant Meloneras will not accept any liability for the following losses, regardless of their origin:
- Any losses not attributable to any breach on their part.
- Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract was formalized.
Similarly, Villa Sant Meloneras also limits its liability in the following cases: - Villa Sant Meloneras applies all measures to provide an accurate display of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution or browser problems, among others.
- Villa Sant Meloneras will act with the utmost diligence to make the product available to the transport company. However, it is not responsible for damages arising from a malfunction in transportation, especially due to causes such as strikes, roadblocks, or other industry-specific issues leading to delays, losses, or theft of the product.
- Technical failures due to fortuitous or other causes that prevent the normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons that prevent the service. Villa Sant Meloneras makes every effort to carry out the purchase, payment, and shipping/delivery process of the products; however, it is not responsible for causes beyond its control, force majeure, or unforeseen circumstances.
- Villa Sant Meloneras is not responsible for the misuse and/or wear and tear of products used by the User. Likewise, Villa Sant Meloneras is not responsible for any incorrect return made by the User; it is the User’s responsibility to return the correct product.
- In general, Villa Sant Meloneras will not be responsible for any breach or delay in the fulfillment of any obligations when it is due to events beyond its reasonable control, i.e., force majeure. This may include, but is not limited to:
- Strikes, lockouts, or other industrial actions.
- Civil unrest, riot, invasion, threat, or terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport, or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
In this way, obligations will be suspended during the period that the force majeure continues, and Villa Sant Meloneras will have an extension of the deadline to fulfill them for a period of time equal to the duration of the force majeure. Villa Sant Meloneras will make every reasonable effort to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Villa Sant Meloneras will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Villa Sant Meloneras sends electronically comply with the legal requirements of being in writing. This condition does not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Villa Sant Meloneras through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.
Likewise, unless otherwise specified, Villa Sant Meloneras may contact and/or notify the User by email or at the postal address provided.
11. WAIVER
No waiver by Villa Sant Meloneras of a specific legal right or action or failure by Villa Sant Meloneras to require strict compliance by the User with any of their obligations shall be construed as a waiver of any subsequent breach of the same or any other provision.
No waiver by Villa Sant Meloneras of any of these Conditions or of the rights or actions derived from a contract will take effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. INVALIDITY
If any of these Conditions were to be declared null and void by a final resolution issued by the competent authority, the remaining clauses will remain in force, unaffected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Villa Sant Meloneras regarding the object of the sales contract and replace any other agreement, agreement, or promise previously made verbally or in writing by the same parties.
The User and Villa Sant Meloneras acknowledge that they have consented to enter into a contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The personal information or data that the User provides to Villa Sant Meloneras during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection (contained, if applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is accurate.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation, and/or use of this Website and the purchase contracts for products through it will be governed by Spanish law.
Any dispute, problem, or disagreement arising from or related to access, navigation, and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Villa Sant Meloneras and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can forward their complaints, claims, or any other comments they wish to make to Villa Sant Meloneras through the contact information provided at the beginning of these Terms (General Information).
Furthermore, Villa Sant Meloneras has official complaint forms available for consumers and users, which they can request from Villa Sant Meloneras at any time using the contact information provided at the beginning of these Terms (General Information).
Additionally, if a dispute arises from the execution of this purchase contract between Villa Sant Meloneras and the User, the User as a consumer may seek an extrajudicial resolution of disputes in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.