GENERAL CONTRACTING TERMS AND CONDITIONS
GENERAL CONTRACTING TERMS AND CONDITIONS
This contractual document shall govern the General Terms and Conditions for the purchase of OLIVE OIL, OLIVES Y OLIVE PASTE (hereinafter, «Conditions») through the website lagaeta.com, owned by BERNAT VALLESPÍ VIDAL under the trademark BERNAT VALLESPÍ VIDAL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
Has read and understood the above.
Is a person with sufficient capacity to enter into contract. Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the OLIVE OIL, OLIVES Y OLIVE PASTE contracted by the USER, BERNAT VALLESPÍ VIDAL, whose registered address is at C/ De les Eres, 40 – 43782 VILALBA DELS ARCS (Tarragona), TIN 47857153H and telephone number for customer/USER service 977438050.
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of OLIVE OIL, OLIVES Y OLIVE PASTE, in exchange for a certain price which is publicly displayed on the website.
The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
1. General contracting clauses.
2. Shipment and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts. 11. Purchase process.
12. Suspension or termination of the contract. 13. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has been verified that payment has been made.
Shipment of goods will usually be made using GLS I ARAGONÈS TRANSPORTS, according to the destination indicated by the USER.
The delivery period is usually between 24 and 48 hours, depending on the delivery location and payment method chosen. This period is providing that the goods have been confirmed as available and the full payment of the order has been verified.
In the event that the PROVIDER has not delivered the goods due to the unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.
The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.
It is the USER’s responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.
3. RIGHT OF WITHDRAWAL
The food on offer is perishable, i.e. it can expire or deteriorate in a short period of time. This type of supply of goods is exempt from refund, according to section 103(d) of Law 3/2014 of 27 March.
In any case, the USER is offered the possibility of claiming possible defects or flaws in the order within 24 hours of delivery, both online and offline, and, if considered, to make the return.
The PROVIDER must be informed of any return, by emailing email@example.com, indicating the corresponding invoice number or order number. Once the USER has received the return number, they will send the product, indicating this number in the delivery note, covering the shipping costs themselves, to the PROVIDER at BERNAT VALLESPÍ VIDAL, C/ De les Eres, 40 – 43782 VILALBA DELS ARCS (Tarragona)
After analysing the case, if the PROVIDER considers that the product did not meet the conditions of sale, within 48 hours will inform the USER of the amount and conditions of reimbursement.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Postal address: BERNAT VALLESPÍ VIDAL, C/ De les Eres, 40 – 43782 VILALBA DELS ARCS (Tarragona) Telephone: 977438050
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/ 5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of BERNAT VALLESPÍ VIDAL or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
The PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the product purchased.
The prices applicable to each product are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.
Before making the purchase, the USER can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the products are available.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent with the purchased product, as well as in PDF format and under consent (art. 63.3 RD 1/2007) to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling 977438050 or by emailing firstname.lastname@example.org.
9. SHIPPING COSTS
The prices do not include shipping expenses or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated when saving the basket or estimate, since they are calculated by the weight of the products and the delivery address.
The maximum shipping rate applied is as follows:
Spain up to 2 kg: 8,90 €
Spain > 2 kg up to 10 kg: 8,90 € Spain > 10 kg: 8,90 €
Outside of Spain up to 2 kg: 42 € Outside of Spain > 2 kg up to 10 kg: 42 € Out of Spain > 10 kg: 42 €
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and accepts the following payment methods for orders:
Bank transfer Cash on delivery Credit card
The website uses generally accepted information security techniques within the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
Any product from the catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:
1. – Confirm billing details.
2. – Confirm shipping address.
3. – Select payment method.
4. – Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed, its status and the approximate shipping and/or delivery date.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
BERNAT VALLESPÍ VIDAL may, without prior notice, suspend or terminate the USER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, where USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
Where BERNAT VALLESPÍ VIDAL exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to BERNAT VALLESPÍ VIDAL.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.