GENERAL CONDITIONS OF SALE
TABLE OF CONTENTS
• 1. INTRODUCTION
• 2. CONCLUSION OF THE CONTRACT OF SALE
• 3. AVAILABILITY OF PRODUCTS
• 4. ORDERS AND COSTS
• 5. PRICE
• 6. HOW TO BUY
• 7. METHOD OF PAYMENT
• 8. CONSUMER GOODS GUARANTEE
• 9. TAXES
• 10. RIGHT OF WITHDRAWAL, EXCHANGES AND REFUNDS
• 11. NOTICES
• 12. LANGUAGE
• 13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
• 14. FORCE MAJEURE
• 15. LEGISLATION AND JURISDICTION
• 16. COMPLAINTS SHEET
This General Conditions of Sale document, hereinafter GCS, together with the documents referred to herein, establishes the conditions governing the purchase of products through the website https://www.productosdealmadraba.com/ owned by PRODUCTOS DE ALMADRABA, S.L., with registered office at Pol Ind El Olivar, Parcela 7,5 -11160 - Barbate (Cádiz) and email address: email@example.com. The company PRODUCTOS DE ALMADRABA, S.L. is registered in the Mercantile Registry of Cádiz and its registration details are as follows: Volume 1502· Folio 155· Sheet CA-21941– Book 0 – Section 8.
Please read these GCS carefully before using this website.
By using this website or placing an order through this website, you are bound by these GCS, which may be modified, but the GCS in effect at the time you use the website or place an order will apply to you.
The USER may access, print, download and save the General Conditions of Sale at any time. These GCS are permanently accessible on the website through the link https://productosdealmadraba.com/content/8-condiciones-de-compra
The elements of the website, as well as the products offered for sale, have been originally and expressly created by our company, as far as their idea, image, production system, etc. are concerned It is expressly forbidden to reproduce, publish, broadcast, transmit, modify or distribute, by any means whatsoever, any element of this website. The photographs, images, illustrations, designs, graphics, icons and any other element included in website are the exclusive property of PRODUCTOS DE ALMADRABA, S.L.
2. CONCLUSION OF THE CONTRACT OF SALE
The products for sale that will be the subject of the contract are displayed on the screen, together with their main characteristics and price.
PRODUCTOS DE ALMADRABA, S.L. reserves the right to decide, at any time, which products are offered to customers. In this way, PRODUCTOS DE ALMADRABA, S.L. may, at any time, add new products to those currently available. Likewise, PRODUCTOS DE ALMADRABA, S.L. reserves the right to withdraw or stop offering any of the products at any time and without prior notice.
The GCS regulate the distance selling relationship between PRODUCTOS DE ALMADRABA, S.L. and the user or customer, in accordance with the legal provisions, in particular Law 7/1998, of 13 April, on General Conditions of Procurement, Law 3/2014, of 27 March, which amends the consolidated text of the General Law for the Defence of Consumers and Users, the regulations in force on Personal Data Protection (Regulation (EU) 2016/679), Law 7/1996 of 15 January on the Regulation of Retail Trade and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce and Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests.
Once inside https://productosdealmadraba.com and in order to purchase the different products, the user must follow all the instructions indicated in the purchase process, which implies reading and accepting all the general and specific conditions set out in https://productosdealmadraba.com.
To place orders by telephone or on our website, you must be of legal age, have the capacity to enter into a contract and register as a user. By doing so, you will also have the advantage of being able to see your order history, your details, your payment method, etc. for future purchases. All you have to do is register by choosing a username and password and provide us with your tax details for invoicing and delivery (name, surname, ID number, address, email address and telephone number).
If there are any suspicions that the order has been placed by a minor, although PRODUCTOS DE ALMADRABA, S.L. will not be responsible for verifying the veracity of the order or its effects, the purchase may be cancelled by PRODUCTOS DE ALMADRABA, S.L. and the precautionary measures established by law to inform parents or guardians may be taken.
We are not obliged to supply you with any goods that may have been part of the order but which are not specified when we confirm the supply of the goods to you.
To purchase from our website, you must follow the online checkout process and click “Place order”.
All orders are subject to our acceptance, of which you will be notified by email or notice with the confirmation of sale stating that the order is being processed or has been processed. This email or notice is considered confirmation of the sale.
The contract will be filed in electronic format. We also recommend that you print and/or keep a copy on a durable medium, as well as the receipt sent by PRODUCTOS DE ALMADRABA, S.L. by email.
By placing your order, you acknowledge and agree that if you or any person for whom you are ordering integrated food products has a food allergy or intolerance, you may contact this company directly to verify that the product meets your needs before ordering.
3. AVAILABILITY OF PRODUCTS
In general we have sufficient stock of all products offered. However, all orders are subject to availability and confirmation of the products by us. Normally, if there are only a few units in stock, this fact will be expressly indicated next to each product and it is even possible that the exact number of units available will be indicated.
For the purposes of these GCS, the order will be deemed to have been placed when we send the email confirming acceptance. Our confirmation time is usually very short or even immediate.
In this regard, if, exceptionally, after the order has been placed, difficulties arise with any of the products you have ordered, we reserve the right to inform you of alternatives that may be of interest to you. If you do not wish to place an order for these alternative products, we will refund any money you may have paid.
4. ORDERS AND COSTS
You can contact our Customer Service Centre directly as follows:
• By email: firstname.lastname@example.org
• By phone between 9:30 a.m. and 5:30 p.m.
• Tel: (+34) 956435839
The company undertakes to reply within 48 hours.
You can order online from anywhere in the world, regardless of your country of origin or Internet connection. We only deliver to addresses in mainland Spain. For other destinations, please contact us before placing your order.
Shipping costs, if any, will be included in the total amount of your order at the end of the checkout process.
If you have confirmed your order and have been informed of the approximate delivery time and it takes longer than expected, or if you have any other problem with your order, please contact our company to confirm if there has been a problem that we were not aware of at the time.
All our orders are delivered by courier within 24/72 hours.
To ensure that your parcels are delivered on time, please ensure that the address and mobile phone contact details on your order are correct. If you provide incorrect or incomplete details for the purposes of calculating the delivery time, the order will be deemed to have been placed as soon as you provide us with the correct details.
We will endeavour to deliver your purchase as soon as possible, which, except in cases of force majeure, will be within the following 24/48 working hours for mainland orders. However, there are periods when these times are not guaranteed, such as Christmas, Black Friday and Cyber Monday.
To find out when your order is being dispatched (leaving our premises), you will need to check your email inbox. We will send you a dispatch confirmation of your order and you will also receive an SMS from the logistics company with the estimated delivery date.
Shipping costs are calculated when you place your order, once you have completed your shopping cart and selected the quantity of each product. This quantity will vary according to weight, destination and the need for chilling. In any case, they will always be displayed before you finalise your purchase.
For orders for mainland Spain, shipping is free if the total value of the products in the cart is at least 100 euros (VAT included). For all orders below this amount, shipping costs will be charged to the customer.
Deliveries are made by SEUR courier agencies.
Modification of your order
Once you have placed your order and your payment has been authorised, you will not normally be able to change your order. If you wish to change your order because you have made a mistake, you can contact our customer service department, but we cannot guarantee that we will be able to process your changes, as your order may already be in the process of being prepared or may even have left our premises for home delivery.
In accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, this website provides clear and accurate information on the products offered and their price, indicating that they include applicable taxes and, where applicable, the amount of shipping costs.
The company reserves the right to change the price and availability of the products on this website.
The price of each product is the price displayed on our website at all times and is expressed in Euros (€). Whilst we endeavour to ensure that all prices displayed on the website are correct, errors may occur.
If we discover an error in the price of any of the products you have ordered, we will notify you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled, an email will be sent to you and any monies paid will be refunded in full.
The prices on this website are inclusive of applicable taxes (e.g. VAT).
The final invoice will show the price of the product(s) purchased and any applicable taxes, as well as shipping costs where applicable.
6. HOW TO BUY
1. FIND THE PRODUCTS: You can search for products in two ways, either by browsing the website by accessing the different sections included in the menus, or by using the search section within our categories.
2. ADD ITEMS TO CART: Once you have found the item you are looking for, simply add it to your shopping cart using the “Add to Cart” option. At this point you can continue shopping or finalise your purchase by clicking on the “Finalise purchase” option, which appears at the top right of the screen in the “Cart” area. At any time you can consult your cart from the “Cart” option, located at the top right of the screen, as well as delete or add units of the selected products.
3. BUY: Once the items have been added to the shopping cart, you can complete the purchase process by clicking the “Confirm” option. Here you will see the items you wish to purchase along with the units of each item.
4. DELIVERY AND BILLING DETAILS: Here you can identify yourself if you are a registered user, or otherwise enter your billing and delivery details if they are different. This is also where you can register as a user if you wish.
7. METHOD OF PAYMENT
PRODUCTOS DE ALMADRABA, S.L. accepts the following methods of payment:
• Credit card
• Bank transfer: ES64 0182 1076 9302 0159 8630 The order will not be processed until payment has been received.
In the case of card payments, the charge will be made in real time through the relevant payment gateway, once the authenticity of the details provided has been verified.
If you choose to pay by credit card, you will be asked to enter your credit card details after entering your billing details.
Our company uses a security certificate S.S.L “Secure Sockets Layer” protocol designed to allow secure transmission of information. In order to provide maximum security to the payment system, we use secure payment systems from leading financial institutions in e-commerce. Payments by credit card are made through a payment gateway, and your data are encrypted under the secure server of the virtual POS depending on the payment platform chosen by the user, so that all personal data entered in these payment platforms, including credit cards, are sent encrypted to a secure server.
The user declares that they are the holder of the bank card provided for the payment of the services provided by PRODUCTOS DE ALMADRABA, S.L. and/or that the card belongs to a third party who has expressly authorised the user to use it.
PRODUCTOS DE ALMADRABA, S.L. will provide its bank account details in the order confirmation email. As soon as PRODUCTOS DE ALMADRABA, S.L. receives the payment from the bank, the goods will be shipped. The customer can shorten this process by sending the bank transfer receipt by email. (In case of bank transfer)
Once the goods have been dispatched to you, the invoice will be sent to you in electronic PDF format to the email address indicated at the time of the order. You can also view your invoices in your customer account. No paper invoices are issued.
8. CONSUMER GOODS GUARANTEE
In the case of food products, a product is considered defective if it is inedible before the expiry date. The products we offer meet the minimum requirements for consumption before the expiry date.
If the customer considers that the product is not in a suitable condition for consumption, they should contact PRODUCTOS DE ALMADRABA, S.L. to request the return of the product in question.
In order to apply the guarantee provided for in the Consolidated Text of the General Law for the Defence of Consumers and Users, taking into account the right of PRODUCTOS DE ALMADRABA, S.L. to verify the defects of the product, their origin and the time of their appearance, the customer must request the collection of the defective product within a period of two months (one month for perishable products) from the date of discovery of the defect, informing PRODUCTOS DE ALMADRABA, S.L. of the defect, as well as how and when it appeared.
If the product arrives in poor condition, the consumer must return the product with all the elements with which it arrived (including the packaging). Shipping costs will be paid by PRODUCTOS DE ALMADRABA, S.L., and the full amount will be refunded to the customer.
In order to avoid the return of partially used products, PRODUCTOS DE ALMADRABA, S.L. reserves the right to replace the product with another of similar characteristics, if the customer so wishes, or to refund the amount corresponding to the remaining weight of the product, assuming that the part used was in good condition.
In the absence of proof to the contrary, the products will be deemed to be in conformity with the contract if they meet all of the following requirements: a) they correspond to the description given by the seller and have the characteristics of the product which the seller has presented to the consumer and user in the form of a sample or model; b) they are fit for the purposes for which products of the same type are normally intended; c) they have the quality and performance which the consumer and user may reasonably expect, taking into account the nature of the product.
In the event of a defective product, the seller will replace the product, reduce the price or cancel the contract, at no cost to the consumer or user.
All products that can be purchased on this website include the taxes legally established for such purchase, but the final summary will identify the item(s) purchased and their total price (including taxes).
10. RIGHT OF WITHDRAWAL, EXCHANGES AND REFUNDS
According to the regulations, consumers and users have the right to WITHDRAW from the contract within a maximum of 14 calendar days, without having to state the reason and without incurring any costs, except those provided for in Articles 107.2 and 108 of Royal Decree 1/2007, of 16 November, which approves the text referred to in the General Law for the Defence of Consumers and Users. This means that you can voluntarily return your product within 14 calendar days of receiving it. This right can be exercised on one or several products or the entire order, without any penalty, and we will refund the total amount of the article, that is, the cost of the product, without subjecting the exercise of the same to any formality. We simply ask that the product be returned to our warehouses in perfect condition, without limiting the use of the product.
In the event of withdrawal by you, we will refund to you all payments received from you, including delivery costs (excluding any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us) without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will make such refund using the same means of payment used by you for the original transaction unless you have expressly agreed otherwise and in any event you will not incur any charges as a result of the refund. We may withhold the refund until we have received the goods or you have provided us with proof of return of the goods, whichever is earlier. You will be responsible for the direct cost of returning the goods.
You can start the withdrawal process by clicking on the following link: PURCHASE WITHDRAWAL FORM
It can also be sent by clear notice (e.g. letter, fax or e-mail) to the address given in these general conditions.
There are exceptions to the right of withdrawal, as established in Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws. The withdrawal will not apply to:
- The supply of goods that are likely to deteriorate or quickly expire.
Please note that the vast majority of the products we offer are perishable and require regulated temperature conditions for their preservation and are therefore excluded from the right of withdrawal.
All goods must be returned in their original packaging, in perfect condition and protected, avoiding stickers, seals or adhesive tape directly on the surface or packaging of the article.
Once the withdrawal has been communicated in the aforementioned manner, the purchaser will receive instructions by email to return the products to our facilities. The user must return the goods without delay, within a period of 14 days from the date on which they inform us of their wish to exercise this right.
The cost of returning the goods will be borne by the purchaser, who will be able to choose the agency best suited to their needs or offering the most competitive rates.
Return of a defective product
A return of a defective product occurs when the item arrives in poor condition or has a manufacturing defect. Under no circumstances will a return in poor condition due to mishandling be accepted. In the event of a defective product, we will replace it, reduce the price or cancel the contract, depending on the case, free of charge to the consumer. Simply contact us at email@example.com or (+34) 956 43 58 39 and let us know what has happened and we will take the necessary steps.
Return for delivery of the wrong product
If you receive a product that is not the one you ordered, PRODUCTOS DE ALMADRABA, S.L. will cover the cost of collection and delivery. We will do this as quickly as possible. Simply contact us at firstname.lastname@example.org or (+34) 956 43 58 39 and let us know what has happened and we will take the necessary steps.
For the purposes of sending the appropriate notices, the company designates the address specified in the disclaimer as the contact address. The email address provided by the user during the registration process on our website will be used by the company for the purpose of sending notices to the user.
The user is obliged to keep the data referred to in this clause duly updated for the purposes of notices.
All notices sent by the company to the user will be deemed to have been validly made if they have been made using the data and by the means indicated above.
The company accepts no liability for any damage that may arise from the user’s failure to keep their contact details up to date.
For contractual purposes, you agree to use this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements as they are given in writing. This condition does not affect your statutory rights.
In accordance with the provisions of Art. 27. 1d) of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, you are informed that you can access our website, as well as the general contracting conditions and carry out any transaction in Spanish.
13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and our respective successors, assigns and assignees. You may not transfer, assign, encumber or otherwise transfer a contract but you may assign or donate the purchased product to whomever you wish. We may transfer, assign, encumber, sub-contract or otherwise transfer a contract or any of our rights or obligations under it to or for us at any time during the term of this contract. For the avoidance of doubt, any such transfers, assignments, encumbrances or others will not affect your statutory rights as a consumer, if any, or void, reduce or otherwise limit any express or implied guarantees we may have given you.
14. FORCE MAJEURE
We will not be liable for any failure or delay in the performance of any of our obligations under a contract which is caused by events beyond our reasonable control (“Force Majeure”).
Force Majeure includes any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Household lockdown, e.g. in case of COVID and similar.
5. Inability to use trains, boats, planes, motor vehicles or other means of transport, whether public or private.
6. Inability to use public or private telecommunications systems.
7. Acts, decrees, laws, regulations or restrictions of any government or public authority.
8. Strike, breakdowns or accidents in maritime or inland waterway transport, postal or any other type of transport.
Our obligations under the contracts will be deemed to be suspended for the period during which the Force Majeure Event continues and we will be entitled to an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the contract despite the Force Majeure Event.
15. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts for the purchase of products through this website are governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, and in particular those of the buyer’s domicile.
If you are contracting as a consumer, nothing in this clause affects your rights as a consumer under current legislation.
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we provide the customer with the following link to access the European Union’s Online Dispute Resolution platform, European Union’s Online Dispute Resolution Platform.
16. COMPLAINT SHEETS
In accordance with the provisions of Decree 72/2008, of 4 March, which regulates the complaint and claim sheets for consumers and users in Andalusia, we hereby inform you of the existence of complaint sheets available to the public, which you may request by sending a message to the following email address: email@example.com.