GENERAL SALES CONDITIONS
1. GENERAL WEBSITE INFORMATION
The ownership of this website www.spanishdelicia.com, (hereinafter Website) is held by: Vegajardin, S.L., provided with CIF: ESB13290804 and registered in: Mercantile Registry of Ciudad Real; and whose registry data are: Volume 232, Section 8ª, Page Nº CR-8750, and whose contact details are:
Address: Avda. Isaac Peral 10, 13005 Ciudad Real, Spain
Contact phone: +34 926 049 391
Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.spanishdelicia.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions). For the purposes of these Conditions it is understood that the activity that Spanish Delicia develops through the Website comprises:
Marketing and distribution of food products for professionals.
In addition to reading these Conditions, before accessing, browsing and/or using this Web Site, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Spanish Delicia.
By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Conditions and by all of the above, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, product shipping costs, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or any related Service is inaccurate at any time without notice (including after you have placed your order). We undertake no obligation to update, modify or clarify any information on the Website, including, without limitation, pricing information, except as required by law. No update or revision date applied to the Website should be taken as an indication that any information on the Website or any related Service has been changed or updated.
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
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 agrees to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- 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.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).
- The data entered by the user must be accurate, current and truthful at all times. The registered user will be responsible at all times for the custody of your password, assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of it. 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.
- Not to disseminate, transmit or make available to third parties any information, element or content that involves a violation of the secrecy of communications and data protection legislation.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
- Not to impersonate other users by using their registration keys to the different services and/or contents of the website.
- 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 website or third parties.
- Not to upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet.
We reserve the right to terminate your use of the service for violating any of the prohibited uses.
The User agrees to hold Spanish Delicia harmless against any possible claim, fine, penalty or sanction that it may be forced to bear as a result of the User's failure to comply with any of the rules of use indicated above, and Spanish Delicia reserves the right to request compensation for damages.
The User will be able to formalize, at his choice, with Spanish Delicia the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.
3. PURCHASING PROCESS
In order to access the services and contents of the Web Site, the User must first register using the registration form. Once the data has been verified, Spanish Delicia will validate the access to the products and services of the Web Site by means of a user and a password. Spanish Delicia reserves the right to admit or exclude the User without justification. The Website is for the exclusive use of professionals.
Orders are made by complete boxes of product. As the User introduces products in the cart, he will be able to view the total number of boxes, weight and amount of the order.
Whenever the order includes products that require refrigerated transport, the transport cost will be per pallet, therefore, the pallet will be the minimum billable transport unit. If the order only includes products that do not require refrigerated transport, the applicable cost will depend on the weight of the order, according to the following country tables. The maximum load weight per pallet is approximately 450 kg (not including the packaging or the base of the pallet). Once the first 450 kg of order and up to 900 kg have been exceeded, the system will automatically add the cost of a second pallet. If your order is going to exceed 900 kg (or 2 pallets), please contact us by clicking here and we will tell you how to proceed.
The User will be able to see the shipping costs by entering the country and postal code of destination in the shipping address or by clicking here.
Once the purchase procedure is completed and the order is shipped, the User consents to the Website generating an invoice that will be sent to the User by e-mail. The generated invoices will also be available in the User's personal space connected to the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Spanish Delicia through the contact spaces indicated on the Website or by using the contact details provided in the first clause (General Information).
The User acknowledges that he/she is aware, at the time of purchase, of the conditions of sale concerning the product and/or service displayed on the Website. These conditions of sale are shown in the written information or images of the Website itself, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, weight, quantity, details or characteristics, the way in which they will be carried out and/or their costs. The User also acknowledges that the placement of the purchase order materializes the full and complete acceptance of the conditions of sale applicable.
Unless expressly stated otherwise, Spanish Delicia is not the manufacturer of the products sold on the Web Site. While Spanish Delicia makes every effort to ensure that the information displayed on the Web Site is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than what appears on the Web Site. Therefore, the User should consider not only the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
4. PRICING AND PAYMENT
The prices displayed on the Website are expressed in euros (€), excluding VAT and do not include shipping costs.
The price of the product is that which, at the time of acceptance of the order by Spanish Delicia, is in force. The unit of sale, and therefore its price, is always per box. The price per kg shown in variable weight products is indicative. Prices may change at any time, not affecting these possible changes to orders or purchases for which the User has already received an order confirmation.
The invoice corresponding to the order will be issued tax-free, as long as the VAT intra-community number appears in the VIES (VAT Information Exchange System). In the event that the VAT number is not registered in VIES, the amount of the invoice will be increased with its corresponding taxes.
The User will be able to pay his purchases by bank transfer, credit/debit card, PAYPAL or credit payment within 30 days.
BANK TRANSFER: To proceed with the payment by bank transfer, the User will receive an email with all the necessary information to make the payment.
Do not forget to indicate the order number in the concept of the transfer and make sure you enter correctly the exact amount of the purchase order, as well as the account number. In case of error, Spanish Delicia will not be able to validate the order.
The order made by bank transfer is valid for 72 hours from the receipt of the order, after this period, if the payment has not been received, the order will be cancelled. The User will be informed of the cancellation of the order via email.
CREDIT OR DEBIT CARD: The User will pay the amount by entering his/her credit card information through the payment gateway of the virtual POS of the Website. Spanish Delicia uses all available means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website, which uses a secure payment system SSL (Secure Socket Layer). This payment system complies with the standards of secure electronic commerce adopted by the international card brands Visa and MasterCard to guarantee the ownership of the buyer.
So that the client can buy with his debit or credit card it will be indispensable that the bank issuing the card accepts the payment through Secure Purchase. If such entity does not authorize the payment, Spanish Delicia will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
PAYPAL: PayPal is a fast, comfortable and secure means of payment that is accessed through a user account to which a traditional means of payment is associated (a bank card or a bank account).
30-DAY PAYMENT: Contact us by clicking here for more details on this method of payment.
If the User has problems with the payment of his purchase, please contact his bank. Spanish Delicia does not have access to the customer's confidential information regarding the means of payment.
By clicking on "Finalize order" the User confirms that the method of payment used is his property.
5. SHIPPING CONDITIONS
Deliveries of orders will be made within the following territories: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, The Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Slovakia, Sweden, Croatia, Bulgaria and Romania. Postal codes that are not listed in our shipping costs section are considered remote areas where we do not deliver.
The communication of the User's shipping data to Spanish Delicia will be necessary for a correct delivery. The costs for an incorrect introduction of shipping data in the order by the User shall be paid by the User. The transfer, communication and use of such data will be used only to process the shipment of the order placed on the Spanish Delicia Web Site.
The products purchased by the User will be shipped through the land logistics operator contracted by Spanish Delicia. The User will choose the transport method among the different options that appear in the cart. Refrigerated transport is carried out at a temperature between 2-8 Cº+ and can be used with any type of product, whether it requires cold or not. Dry transport is carried out at room temperature and can only be used with products that do not require cold. Products that need cold will be identified by the icon in the product photo. The User will receive his order grouped and in a single shipment. The name of the sender of the expedition that will appear on the delivery note or CMR will be Vegajardín, S.L. (company name of Spanish Delicia).
Once the payment has been received correctly, the preparation time for orders will be in about 7 working days and the estimated delivery time will be 1-5 working days depending on the country of destination. Deliveries will always be made on working days.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order must be delivered within the period indicated on the Website or within a maximum period of 30 calendar days from the date of order confirmation.
The delivery of orders will be made at the shipping address indicated by the User, not being possible to deliver to private homes or post office cases. It is essential to indicate in the delivery data of the order all the additional information necessary for the carrier to deliver the goods satisfactorily: reception schedule, need for a truck with unloading platform, contact telephone number of the person in charge of the reception, etc. Spanish Delicia will not assume any responsibility when the delivery of the order does not take place as a result 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 be made for reasons beyond the transport company assigned for this purpose, such as the absence of the recipient.
If it is impossible to deliver the order due to the absence of the recipient it would be returned to the carrier's warehouse in the country of destination, which would notify Spanish Delicia, which, in turn, would notify the User to report the impossibility of delivery, in order to plan a second delivery. The cost of the second delivery will be assumed by the User, who must pay it by bank transfer, after issuing an invoice by Spanish Delicia.
For the purposes of these Conditions, it shall be understood that the delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address. Responsibility for the products shall be transferred at the time of delivery of the order placed.
The User must check the order at the time of delivery by the carrier. He/she will have to be in agreement with the goods received and leave proof of his/her agreement, by means of signature, on the delivery note or electronic tablet.
If any discrepancy or problem occurs with the order in the delivery, such as packaging breaks, damaged product, missing merchandise, wrong product or others, the User must leave a written record, in the most detailed way possible, on the delivery note or CMR. The incident must be notified by email to: email@example.com within a maximum period of 24 hours from the receipt of the merchandise, so that in this way the timely claim can be managed. It is essential that, in the email, they are indicated which are the references that are the subject of the incident, attach photos of them and attach the delivery note or CMR with the incident noted. If these incidents are not managed and notified as indicated, Spanish Delicia will not be responsible for any claim.
6. CLAIMS AND RETURNS
Claims: If you receive a product with a quality defect, you must notify us by email at the address: firstname.lastname@example.org, indicating what the problem is and sending photos to be able to assess the problem and give you a solution.
Returns: Spanish Delicia does not accept returns of goods. However, if any discrepancy or problem occurs with the order in the delivery, such as packaging breaks, damaged product, missing merchandise, wrong product or others, the User must leave a written record, in the most detailed way possible, on the delivery note or CMR. The incident must be notified by email to: email@example.com within a maximum period of 24 hours from the receipt of the goods, so that in this way the timely claim can be managed. It is necessary to indicate which references have been the object of the incident. If these incidents are not noted and are not reported as indicated, Spanish Delicia will not be responsible for any claim.
7. MODIFICATIONS AND CANCELLATIONS
Modifications: Spanish Delicia allows modifications to be made to an order that has already been placed as long as the order has not started to be processed. The User will know when an order begins to be processed by means of a notification that will be issued by Spanish Delicia via email. To carry out any modification to an order placed, the User must send an email to: firstname.lastname@example.org explaining the modification that he wishes to make. At this point, there can be 2 situations:
1. That the modification to be made, increases the original amount of the order. Then, the User will receive an email with the invoice of the additional order, as well as the account number to which he will have to pay the difference. The payment method for these differences will always be bank transfer, regardless of the payment method used to place the order. The order will not be processed until Spanish Delicia has received the difference pending payment.
2. That the modification to be made, reduces the original amount of the order. Then, Spanish Delicia will pay the User the difference by the same payment method with which the order was placed. In turn, the User will receive, via email, the rectifying invoice of the difference on the initial order. In the event that the bank transfer payment method has been used, Spanish Delicia will ask the User for the account number to which they wish to receive the amount of the difference. Spanish Delicia will start processing the order, once it has issued the payment order for the pending difference.
Cancellations: Cancellations of orders made will be accepted by Spanish Delicia as long as the order has not started to be processed. The User will know the moment in which an order begins to be processed by means of a notification that will be issued by Spanish Delicia via email. In the event that the order has begun to be processed, it cannot be canceled.
8. PRODUCT IMAGES AND AVAILABILITY
The images and texts illustrating the products have been provided by our suppliers, and special care has been taken to eliminate any errors. However, in case of finding any, you may inform us so that we can correct it as soon as possible for the benefit of all users of the Website.
All purchase orders received by Spanish Delicia through the Website are subject to the availability of products and / or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services, regardless of the receipt of the order confirmation email. If there are difficulties in the supply of products or there are no products in stock, Spanish Delicia will, if the User so desires, exchange the product or refund the full amount of the product/s not available.
9. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Spanish Delicia through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "Finalize order", must check and review that all the information provided is correct.
10. LINKS WITH THIRD PARTIES
There is the possibility of sharing content or any type of information through social networks or other applications, such activity being subject to the conditions of use and registration expressly established by these online platforms, without Spanish Delicia assumes any direct or indirect responsibility for the content posted on them by users.
In these cases, the User must take into account that, when accessing these networks, he/she is leaving the web pages of the store, to access an environment not controlled by Spanish Delicia. Consequently, Spanish Delicia assumes no responsibility for any breach of security in such environments.
Spanish Delicia disclaims all liability arising from the exchange of information between Users through the Web pages. The responsibility for the dissemination of data and statements disseminated on its Web pages, corresponds in any case to those who make them.
11. DISCLAIMER OF LIABILITY
Except as otherwise provided by law, Spanish Delicia accepts no liability for the following losses, regardless of their origin: any losses that are not attributable to any breach by you; business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect losses that were not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into by both parties.
Spanish Delicia applies all measures concerning the provision of a faithful display of the product on the Web Site. However, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Spanish Delicia will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Spanish Delicia shall not be liable for damages resulting from:
- A malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or theft of the product.
- Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet.
- Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Spanish Delicia puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, nevertheless, it is exempt of responsibility for causes that are not imputable to it, fortuitous case or force majeure.
In general, Spanish Delicia shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example, but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any public authority.
Thus, the obligations will be suspended for the period during which the force majeure continues, and Spanish Delicia will have an extension of time to perform for a period of time equal to the duration of the force majeure. Spanish Delicia will use all reasonable efforts to find a solution that will enable it to perform its obligations despite the force majeure.
12. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, User agrees that most communications with Spanish Delicia will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Spanish Delicia sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Spanish Delicia through the contact information provided in these Terms and Conditions and, if applicable, through the contact spaces on the Web Site.
Likewise, unless otherwise stipulated, Spanish Delicia may contact and/or show notifications to the User by e-mail or at the postal address provided.
No waiver by Spanish Delicia of any specific legal right or remedy, or Spanish Delicia's failure to require strict performance by User of any of its obligations, shall constitute or waive any other rights or remedies under any contract or the Terms, or relieve User of any of its obligations.
No waiver by Spanish Delicia of any of these Conditions or of any rights or remedies arising under any contract shall be effective unless expressly stated to be a waiver and unless it is formalized and communicated to the User in writing.
If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
15. DATA PROTECTION
16. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law. Spanish Delicia and the User agree to submit any dispute that may arise from the access and/or use of the website to the Courts and Tribunals of Ciudad Real, Spain, expressly waiving any other jurisdiction that may correspond to them if different.
17. COMMENTS, COMPLAINTS AND OBSERVATIONS
The User may send Spanish Delicia his comments, complaints, observations and/or any other comments he may wish to make through the contact spaces indicated on the Website or by using the contact details provided at the beginning of these Conditions (General Information).