TERMS AND CONDITIONS OF CONTRACTING AND USE OF THE SERVICE
Wyld Berry ESPJ - (Calvià, Mallorca)
1. Identification of the provider
In accordance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the following is hereby stated:
- Holder: Wyld Berry ESPJ
- CIF: E-10701852
- Domicile: Gran Via 17 B, 07181 Calvià (Balearic Islands)
- Telephone: (+34) 690 28 15 89
- Email: info@wyldberry.es
2. Purpose and scope of application
These clauses regulate (i) the access to and use of the website and mobile application of Wyld Berry (hereinafter, the “Platform”) and (ii) the contract for the sale and delivery on board of food, beverages and other perishable products intended for recreational boats moored or anchored in the municipality of Calvià.
3. Ability to contract
Only individuals over 18 years of age and with the legal capacity to enter into binding contracts may place orders, which the user declares when confirming their purchase.
4. Order Process and Confirmation
- The user selects products, chooses a delivery slot (always available 48 hours in advance of the current date) and confirms the mooring or anchoring point within Calvià.
- Once payment is authorized, Wyld Berry will send an “Order Received” email.
- The sale is completed when the goods are delivered to the agreed place; The times shown are estimates and may vary due to weather conditions, port restrictions or other force majeure.
5. Prices, taxes and shipping costs
- All amounts are shown in euros (€) and include current VAT .
- Delivery service: €8 per order. Free cost for orders equal to or greater than €100 (VAT included).
- Wyld Berry reserves the right to modify its rates; The changes will not affect orders that have already been confirmed.
6. Delivery area and conditions
- Coverage: marinas, yacht clubs, courtesy moorings and anchorages within the municipality of Calvià, including Portals Nous, Puerto Portals, Portals Vells, Port Adriano and Santa Ponça.
- The master or authorised person must be on board at the agreed time. If delivery is not possible, a second attempt will be scheduled, the additional cost of which (€8) will be borne by the customer.
- The transfer of risks on the products occurs at the time of delivery.
7. Payment method
Payment is made exclusively by bank card through the secure Stripe gateway; the transaction is executed in euros and under encrypted TLS protocol.
8. Refrigerated box deposit
To guarantee the return of the reusable insulated box, a deposit of € 40 will be charged together with the total of the order.
- The deposit will be refunded to the same card used for payment within 24-48 hours after the box is returned in perfect condition.
- If the box is returned damaged or not returned within 7 calendar days, Wyld Berry may retain all or part of the deposit to offset replacement costs.
9. Right of withdrawal
In accordance with article 103 c) of the Consolidated Text of the General Law for the Defense of Consumers and Users, there is no right of withdrawal in the supply of perishable goods that may deteriorate or expire quickly, as is the case with fresh food and beverages.
10. Availability and substitutions
In exceptional situations of stock-outs, the customer will be informed before preparation; The Ombudsman may: (a) accept a product of equivalent quality and price, (b) cancel that item with immediate payment, or (c) cancel the entire order with a full refund.
11. Allergen Information and Age Restrictions
- The user is responsible for reporting allergies or intolerances before confirming the order.
- The sale of alcoholic beverages and any other age-restricted products to minors under 18 years of age is prohibited.
12. Liability and force majeure
Wyld Berry will not be liable for delays or non-compliance due to causes beyond its reasonable control (strikes, adverse sea conditions, power outages, etc.).
13. Processing of personal data
The data provided will be processed in accordance with Regulation (EU) 2016/679 (GDPR) and the LOPDGDD 3/2018, for the sole purpose of managing the order, delivery logistics and invoicing. The user may exercise their rights of access, rectification, deletion, opposition and limitation by writing to info@wyldberry.es.
14. Intellectual Property
All the contents of the Platform (texts, logos, photographs, software, etc.) are the property of Wyld Berry or third-party licensors and are protected by Spanish and international regulations on intellectual and industrial property. Its total or partial reproduction is prohibited unless expressly authorised.
15. Modifications to the Terms
Wyld Berry may update these Terms from time to time. New versions will be published on the Platform and will indicate the effective date. The changes shall not affect contracts that have already been concluded, unless a mandatory rule provides otherwise.
16. Partial nullity
The nullity or invalidity of any clause shall not affect the validity of the remainder; the affected provision shall be replaced by another that reflects as closely as possible the original intention.
17. Governing Law and Jurisdiction
This contract is governed by Spanish law. For any dispute arising from it, the parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Palma de Mallorca.
18. Contact and Customer Support
For queries, incidents or complaints, please contact:
- Telephone (+34) 690 28 15 89 (09:00-20:00 CET)
- Mail info@wyldberry.es
It will be answered within a maximum period of 48 working hours.