General Conditions

The present General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern, together with the Privacy Policy and the Cookies Policy, the access and use of the website sotomanrique.com (hereinafter, the “Website”) as well as the contracting of products and/or services through it. To access and use the website, it is essential to be of legal age according to the legislation of your country. If you disagree with this, or are a minor according to the legislation of your country, you should abstain from accessing the Website or using the services provided through it. Mere access to the Website confers the condition of User of the Website (hereinafter, the “User”) and implies acceptance of all the terms included in these General Conditions in the version published at the time of accessing it. If you do not agree with these General Conditions, the User must immediately leave the Website without using it.

By accepting these General Conditions, the User declares:

• That they have read, understand, and comprehend what is stated here.
• That they are of legal age according to the regulations in their place of residence; otherwise, the minor must have authorization from their legal representatives.
• That, if they intend to contract any product and/or service, they have sufficient capacity to do so.
• That they assume all the obligations set forth herein.

The User must carefully read these General Conditions each time they access the Website, as the same and these General Conditions may undergo modifications.

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

The modification of these General Conditions will not affect goods or promotions that have been acquired prior to such modification.

1. General Information of the Website

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following general information of the Website is provided:

Owner: KORK VALUE S.L. (hereinafter, “SOTOMANRIQUE”).
Registered address: Carretera Ávila-Toledo, s/n – 05260 Cebreros (Ávila).
C.I.F.:B88583422
Email: clientes@sotomanrique.com
Phone: +34 911 595 725
Registration details: Registro Mercantil de Madrid. Tomo 40.185, folio 181, sección 8, hoja M714070, inscripción 1ª.

The owner explicitly declares that it is a responsible company that operates in accordance with the current legislation of the places where orders are sent.

2. Terms of Use

2.1. Acceso a la Web

Mere access to the Website is free except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

2.2. Necesidad de Registro

The use of certain services and content may be conditional upon prior Registration by the User.

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 their password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure, or loss thereof. For these purposes, access to restricted areas and/or the use of services and content performed under the password of a registered User will be deemed carried out by said registered User, who will be responsible in any case for such access and use.

2.3. Normas de utilización de la Web

The User agrees to use the Website and all its content and services in accordance with the law, morality, public order, and these General Conditions. Likewise, they are obligated to make appropriate use of the services and/or contents of the Website and not to use them to carry out illegal activities or constitute criminal offenses, that infringe upon the rights of third parties and/or violate the regulations on intellectual and industrial property, or any other applicable legal norms.

The User agrees not to transmit, introduce, disseminate, or 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 case limiting or excluding, the User undertakes to:

I.- Not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology of terrorism, or that infringes on human rights.

II.- Not introduce or disseminate data programs (viruses and harmful software) on the network that could cause damage to the access provider’s computer systems, its providers, or third-party Users of the Internet network.

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

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

V.- Not transmit unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” “pyramid structures,” or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for that.

VI.- Not introduce or disseminate any false, ambiguous, or inaccurate information and content in a way that misleads the recipients of the information.

VII.- Not impersonate other Users using their registration keys for the various services and/or contents of the Website.

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

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

The User agrees to indemnify SOTOMANRIQUE for any possible claim, fine, penalty, or sanction it may be obliged to bear as a result of the User’s breach of any of the aforementioned rules of use, also reserving the right to seek compensation for damages that may apply.

Occasionally, SOTOMANRIQUE will provide the User through its communications, such as periodic newsletters, with a link that will allow them to access their personal account. Such access will be carried out through a unique and private address, so the User will not need to enter their access keys to the Website. Consequently, the User must treat SOTOMANRIQUE’s communications confidentially and refrain from forwarding them to third parties, to prevent unauthorized access to their private account information.

2.4. Exclusión de Responsabilidad

The User’s access to the Website does not imply for SOTOMANRIQUE the obligation to control the absence of viruses, worms, or any other harmful computer element. It corresponds to the User, in any case, to have the appropriate tools for the detection and disinfection of harmful computer programs.

SOTOMANRIQUE is not responsible for any damages produced in the software and computer equipment of the Users or third parties during the use of the services offered on the Website.

SOTOMANRIQUE is not responsible for damages or losses of any kind produced in the User that cause failures or disconnections in the telecommunications networks that cause the suspension, cancellation, or interruption of the Website service during the provision thereof or previously.

2.5. Contenidos y servicios enlazados a través de la Web

The Website access service may include technical linking devices, directories, and even search instruments that allow the User to access other pages and Internet Portals (hereinafter, “Linked Sites”). In these cases, SOTOMANRIQUE will only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, they may communicate this to SOTOMANRIQUE, without this communication entailing the obligation to remove the corresponding link in any case.

In no case does the existence of Linked Sites imply the formalization of agreements with the managers or owners of the same, nor the recommendation, promotion, or identification of SOTOMANRIQUE with the statements, contents, or services provided.

SOTOMANRIQUE does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages produced by the unlawfulness, quality, outdatedness, unavailability, error, and uselessness of the contents and/or services of the Linked Sites nor for any other damage that is not directly attributable to SOTOMANRIQUE.

2.6. Propiedad intelectual e industrial

All the contents of the Website, understood by these, merely by way of example, the texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound contents, as well as their graphic design and source codes, are the intellectual property of SOTOMANRIQUE or third parties, without any of the exploitation rights recognized by the current regulations on intellectual property over them being understood to be transferred to the User.

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

In any case, the User is aware and accepts that the evaluations and comments made on the products available through the Website may be accessible to other Website Users, including the identity of the author.

Regarding all the comments freely hosted by the User on the Website, whether they include an opinion or description of the offered products (hereinafter, “the Contents”), the User grants SOTOMANRIQUE a non-exclusive, worldwide license, free of charge and for the maximum duration legally provided. Based on this license, SOTOMANRIQUE may freely exploit the reproduction, transformation, distribution, and public communication rights of the Contents, solely for the purpose of providing the services offered by SOTOMANRIQUE and advertising its products and services.

3. Contracting Conditions

3.1. Registro del Usuario

The use of the services provided by SOTOMANRIQUE implies the need for User registration on the Website.

The User must proceed with their registration by indicating their full name, email address, and may indicate the email of a sponsoring User. Once registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm they have access to it.

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

Once the User is correctly registered on the website, they can access “My Account” at any time. Through “My Account,” the User can modify their personal data as well as the data related to order shipping, check if they have pending deliveries.

In the “My Account” section, the User can view their available gift certificates, download order invoices, monitor which friends have registered on SOTOMANRIQUE by their recommendation in the “My Sponsored” section, and the possibility of canceling the account at any time by indicating a reason for wanting to cancel it.

3.2. Condiciones de envío

SOTOMANRIQUE only ships its products to: Mainland Spain, Balearic Islands. It is not possible to complete the purchase process through the Website to destinations other than those indicated. SOTOMANRIQUE does not ship products to the autonomous cities of Ceuta and Melilla.

The purchase of products on the Website is subject to shipping charges, at the expense of the buyer. Shipping costs are €6, being free for orders over €60 including VAT. These costs include breakage insurance.

The shipping costs will be detailed throughout the purchase process, and the user will have the possibility to review these costs before finalizing their purchase.

Delivery times are 15 working days from order confirmation.

The delivery of orders will be made to the delivery address freely designated by the User. SOTOMANRIQUE assumes no responsibility when the delivery of the product does not occur as a result of the inaccuracy or falseness of the data provided by the User for that purpose, as well as in the case that delivery cannot be made for reasons beyond SOTOMANRIQUE, such as the absence of the recipient at the delivery address.

In case of the recipient’s absence, and whenever possible, a note will be left with the necessary information to arrange a new delivery at the recipient’s home or the necessary instructions for the recipient to collect the product at a certain place. In any case, after 7 days from the last delivery attempt without the order being delivered, it will be returned to the origin, and the contract will be terminated.

3.3. Selección de los productos por el Usuario

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

The purchase process on SOTOMANRIQUE is based on a virtual basket, to which the User can add the products they wish to purchase.

To add products to the shopping cart, once the User is on the product description page and has selected the available customization options, they must select the “Add to cart” option provided.

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

3.4. Tramitación del pedido

Once the products the User wishes to purchase are in the shopping cart, the User can start processing the order by selecting the “View cart” option, which will show the User the contents of the virtual basket, allowing the modification of the selected products and their removal from the shopping cart.

The User must ensure that the products indicated on the screen are those they wish to purchase and select from the listed geographic areas the one corresponding to the shipping address. At this point, the total price of the selected products and the generated shipping costs will be shown. In this section, the User can also view any promotions automatically applied to their order, use promotional codes, and/or the gift certificates they have.

By clicking “NEXT”, the User accesses a panel where they must indicate the shipping details; to continue with the contracting process, the User must fill in the shipping information, including their full name, phone number, and address, filling in all fields marked as mandatory. In this section, the User can include useful information they consider necessary for the courier, although SOTOMANRIQUE cannot guarantee its compliance.

If the User wants the billing address to be different from the delivery address, they must check the box “My billing address is different from the delivery address” and fill in the corresponding information. In this same section, the User can add a message for the recipient, especially indicated in the case of gifts.

In the next phase of the purchase process, the User must select the payment method. At this point, the exact amount to be paid is again indicated to the User, resulting from the sum of the product prices and the shipping costs, net of any promotional discount and/or gift certificate.

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

3.5. Precio de los productos

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 (€) and include the Value Added Tax (IVA in Spain).

3.6. Forma de pago

The purchase of products through the SOTOMANRIQUE gateway allows the following payment methods:

– 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 cardholder’s name, card type, card expiration date, and security code.

SOTOMANRIQUE does not have access to the banking data linked to the payment means and does not know or record these data during the payment transaction.

3.7. Confirmación de la recepción de la aceptación

Once the purchase process is completed, the User will receive a communication specifying the product’s characteristics, price, selected shipping method, contract date, order number, and delivery date at the email address designated in the registration form. Additionally, a permanent link to these contracting conditions will be sent to the email address provided by the User. The User may request a copy of the general conditions applicable at any time, free of charge, from SOTOMANRIQUE or any third party designated for the registration and control of versions, if applicable.

3.8. Devolución de productos. Derecho de desistimiento.

The buyer will always have a period of fourteen (14) calendar days after receiving the Product to exercise their right of withdrawal without having to justify reasons or incur any penalty.

In accordance with Article 102.d) 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, it is not applicable to the supply of goods that may deteriorate or expire quickly, so the right of withdrawal cannot be exercised on bottles that have been opened, for example, due to the rapid deterioration of the content in such cases.

The buyer must express their intention to withdraw within the indicated period and proceed with the return of the product. They may also use the withdrawal form available here. The User can also send an email to clientes@sotomanrique.com including their name and address, as well as their order number. They can also contact by phone to expedite the return process of the corresponding amounts.

SOTOMANRIQUE will refund the sums paid by the User without withholding any costs. However, the cost of returning the product will be borne by the User.

Once the products subject to withdrawal are received and their correct condition verified, SOTOMANRIQUE will return the sums paid to the User within a maximum period of 10 calendar days. Products that do not retain their original packaging may suffer 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 will only affect that provision or the part of it that is null or ineffective, subsisting these General Conditions in all other respects, considering such provision totally or partially as not included.

5. Applicable Legislation and Competent Jurisdiction

In accordance with EU Regulation No. 524/2013, you are informed that you have the right to request an out-of-court settlement of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr/.

These General Conditions will be governed and interpreted in accordance with Spanish legislation. SOTOMANRIQUE and the User agree to submit any dispute that may arise from the provision of products or services subject to these General Conditions to the Courts and Tribunals corresponding to the User’s domicile.

Last Update: May 1, 2023