1. PRIOR INFORMATION
These general contracting conditions, hereinafter, "General Conditions", will regulate the relationships that may arise between EMILIO SANCHEZ GOURMET (hereinafter, EMILIO SANCHEZ) and the user-clients, hereinafter, "Clients", who contract the provision of the services or products offered through the website.
Acceptance of this document has the same contractual validity as its face-to-face signature. The fact of telematically following all the steps described in the contracting procedure implies the presumption that the user unequivocally accepts these general contracting conditions. This document can be printed and stored by Clients. www.emiliosanchezgourmet.com makes available to them the email address firstname.lastname@example.org so that they can raise any questions about the General Conditions.
EMILIO SANCHEZ, in order to improve the services and products offered, reserves the right to modify the present conditions at any time, as well as any other document displayed on the website, notifying Clients sufficiently in advance.
The language of formalization of the contract is written in Spanish.
The company BARIMAR ALIMENT SL and the online store hosted at www.emiliosanchezgourmet.com that belongs to it will be referred to hereinafter as EMILIO SANCHEZ.
Regarding the conditions and terms (hereinafter "terms"), if you do not agree, do not make the purchase. If you continue with the process we understand that you agree with the terms of EMILIO SANCHEZ.
We have a customer service with the working hours of the EMILIO SANCHEZ factory, which you can see at www.emiliosanchezgourmet.com.
You can contact us by phone or email for any query, suggestion or claim, or you can contact us at the address:
BARIMAR ALIMENT SL
3. USE OF THE PORTAL
www.emiliosanchezgourmet.com provides access to a multitude of information, services, programs or data (hereinafter, "the contents") on the Internet belonging to EMILIO SANCHEZ or its licensors to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to the registration that is necessary to access certain services, content and / or products.
In said registration, the USER will be responsible for providing truthful and lawful information. As a consequence of this registration, the USER can be provided with a password for which he will be responsible, committing himself to make diligent and confidential use of it. The USER undertakes to make appropriate use of the contents and services (such as chat services, discussion forums or newsgroups) that EMILIO SANCHEZ offers through its portal and with an enunciative but not limiting nature, not to use them to (i) engage in illegal activities, illegal or contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or violating human rights; (iii) damage to the physical and logical systems of EMILIO SANCHEZ, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. EMILIO SANCHEZ reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in his opinion, were not suitable for publication. In any case, EMILIO SANCHEZ will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.
4. DATA PROTECTION
EMILIO SANCHEZ complies with the guidelines of Organic Law 15/1999 of December 13 on the Protection of Personal Data, Royal Decree 1720/2007 of December 21, which approves the Regulations for the development of the Organic Law and others regulations in force at all times, and ensures the correct use and treatment of the user's personal data. For this, together with each personal data collection form, in the services that the user may request at email@example.com, it will inform the user of the existence and acceptance of the particular conditions of the processing of their data in each case, informing you of the responsibility of the created file, the address of the person in charge, the possibility of exercising your rights of access, rectification, cancellation or opposition,
Likewise, EMILIO SANCHEZ informs that it complies with Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce and will request your consent to the processing of your email for commercial purposes at all times.
5. INFORMATION AND AVAILABILITY OF THE PRODUCTS
The products are subject to availability, as they are exposed in the online store.
The weights of the products described in the additional information are within the weight range established for each product.
The information, prices and promotions related to our products are duly exposed in www.emiliosanchezgourmet.com, and these can be modified, likewise the client can contact EMILIO SANCHEZ for more information. Said modification will not affect orders placed before it.
In case of lack of stock, the Customer will be notified and will be given the choice of one of these options: 1) if the product were to be available soon, they would be given the possibility of a new delivery period, 2) the replacement of the product for another product with similar or superior characteristics, or 3) the amount will be refunded through the accepted means of payment.
6. PRICES AND SHIPPING COSTS
Prices do not include shipping costs, these will be borne by the customer, unless otherwise indicated and may be modified, with prior notice. Said modifications will not affect orders prior to said change. Shipping costs vary depending on the product and the place of delivery.
Prices are in euros, include VAT of 10% or 21%.
7. PURCHASE PROCESS
The customer receives a confirmation email when the order is confirmed.
To request an invoice, you can request it in the notes of the same order, by mail or by calling by phone, providing the order number.
The use of the online store and the corresponding purchase of products is reserved for persons of legal age and it is the customer's responsibility to make the purchase and declare that they are of legal age.
WITHDRAWAL AND REFUND POLICY
To carry out returns once the order has been placed, the client must clearly request said withdrawal through: contact form, withdrawal form or by calling the contact telephone number: 930 132 072 (Monday to Friday hours from 09:00 to 18:00) for customer service or by writing to the address: firstname.lastname@example.org
For the rejection, a maximum period of 14 calendar days is provided from the receipt of the product / os by the Client. For the return, the Customer must ensure that the products are returned in perfect condition. They must be properly protected and with their original packaging, since otherwise the product may suffer a depreciation; and be sent to AV. BARCELONA, 20-22 LOCAL 1 - 08130 SANTA PERPETUA DE MOGODA (BARCELONA). To do this, you must also provide photos of the products, to see the exact conditions of the product to be returned.
Once the right of withdrawal has been exercised, the products will be checked by EMILIO SANCHEZ and the amount of the rejected products will be returned. For this, the initial payment method that was selected by the client will be used and will be returned within a period of 14 calendar days. We may withhold the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.
EMILIO SANCHEZ makes available to the client the transport company used by the company to proceed with the return of the products. The user must accept the delivery conditions and the price for said logistics company. Otherwise, if the customer decides not to use the logistics company proposed by the company for the return, they must bear the direct cost of returning the goods and the shipment must be managed by the same with the logistics company of their choice.
Withdrawal form model
Please complete and send this form only if you want to withdraw from the contract.
- For the attention of EMILIO SANCHEZ, with address at AV. BARCELONA, 20-22 LOCAL 1 - 08130 SANTA PERPETUA DE MOGODA (BARCELONA), and email email@example.com:
- I hereby inform you / we communicate (*) that I withdraw from me / we withdraw from our (*)
sale contract of the next good / provision of the next service (*)
- Order on / received on (*)
- Name of the consumer and user or consumers and users
- Domicile of the consumer and user or consumers and users
- Signature of the consumer and user or consumers and users (only if the present
form is submitted on paper)
(*) Delete as appropriate
The right of withdrawal will not be applicable to contracts that refer to the supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been disregarded after delivery. In manifest deterioration on the part of the Buyer, the Products will be returned to him without being able to demand any compensation or right of reimbursement.
9. GENERAL AND QUALITY GUARANTEE
If the customer believes that the product is not in adequate conditions for consumption, he should contact EMILIO SANCHEZ to request the return of the corresponding product.
For the application of the guarantee as provided in the Consolidated Text of the General Law for the Defense of Consumers and Users, respecting the power of EMILIO SANCHEZ to verify the defects of the product, its origin and the moment of its appearance, the client You must request the collection of the defective product within a maximum period of two months (one for perishable products) from the discovery of the defect, you must inform EMILIO SANCHEZ of the defect as well as how and when it appeared.
If the Product has arrived in poor condition, the consumer must proceed to return the product with all the elements with which it has arrived (including the packaging). The shipping costs will be borne by EMILIO SANCHEZ with which the entire amount will be returned to the Client.
To avoid returns of partially consumed products, the company reserves the right to return the product for another with similar characteristics, if the Customer prefers, or to refund the amount corresponding to the remaining weight of the product, since it will be understood that the consumed part was in good condition.
"1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements expressed below: a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in sample or model form. b) Are suitable for the uses to which products of the same type are ordinarily intended. c) Present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product (…).
Shipments are carried out according to the method selected by the customer.
If the Client appreciates breakages in the package, he must contact us directly and reject it automatically.
EMILIO SANCHEZ is not responsible for:
- Incorrect or incomplete address.
- Do not indicate a contact telephone number.
- Strikes by carriers.
EMILIO SANCHEZ will endeavor to ensure that transport companies comply with the established delivery times.
11. PAYMENT METHODS
Customers can make purchases through the following payment methods:
- Bank card (Visa / Mastercard)
- Cash on Delivery
- Wire Transfer
EMILIO SANCHEZ reserves the right to admit or not the comments, to exclude all or part of them, since they are simply information articles written by a single editor.
13. APPLICABLE SCHEDULE
The company is subject to the working calendar that corresponds to the places of shipment and delivery of the product.
EMILIO SANCHEZ uses promotions for certain products at certain times.
Only products labeled for free shipping can benefit from this offer, if another product is added that does not have the offer, the shipping price of this will not be included in the promotion.
The terms of the promotions will be indicated in the terms of each promotion.
EMILIO SANCHEZ reserves the right to make any modifications they deem appropriate on its portal, being able to change, delete or add both the content, services and products offered through it as well as the way in which they appear or located in his portal, himself EMILIO SANCHEZ reserves the right to modify the prices offered in the online store. These modifications will have no effect on previously placed orders.
16. APPLICABLE LEGISLATION
The use of www.emiliosanchezgourmet.com and product purchase contracts through said website will be governed by Spanish legislation.
If you contract as a consumer, to resolve possible disputes, the parties agree to submit, at their choice, and waiving any other jurisdiction that may correspond to them, to the courts and tribunals of the city corresponding to the User's domicile.
If you contract as a company, the parties turned out to submit to the Courts and Tribunals of Salamanca expressly waiving their own jurisdiction if they had it.
We remind you that you can access the European Union's online dispute resolution platform by following this link https://webgate.ec.europa.eu/odr/main/?event=main.home.show
17. PAPER INVOICE
The consumer has the right to receive, free of charge, the invoice on paper and electronically, when voluntarily or by legal obligation, it is available in this format and the request expressly.
For this, the Client must request the corresponding Invoice by mail to
18. ONLINE TRUST
Our entity is attached to Confianza Online (Non-profit association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain) . For more information: www.confianzaonline.es.
These general conditions are ruled by the Spanish Law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may go to Confianza Online for the alternative resolution of eventual disputes (https : //www.confianzaonline.es/consumidores/como-reclamar/formularioreclamaciones/). If they are related to electronic transactions with consumers, or on data protection when they are related to this area, the claims will be resolved by the Online Confidence Mediation Committee, accredited for the alternative resolution of consumer disputes. Yes
As claims relate to digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.
In addition, we remind you that you can access the online dispute resolution platform of the European Union by following this link: https://ec.europa.eu/consumers/odr/main/? event = main.home2.show "