General Conditions of Purchase / Sale (GCPS) of the online store www.gastronomy4u.com, version 1.0
The access to the contents, offer of products the use of services of the online shopping site www.gastronomy4u.com(hereinafter referred to as the "this website") are subject to this document (hereinafter referred to as "GCPS") which, alongside with the document of Legal Notice, Privacy and Data Protection Policy and Information about Cookies, constitute a contract between the holder or this website owner and the user. However, this website will request the user for express confirmation that he/she has read and accepted the aforesaid documents prior to creating a customer account or purchase completion. Should the user not agree with this document, he is requested to give up the user account creation or the purchase process.
All products and services offered on this website are exclusively addressed to persons over the age of 18. Accordingly, any person providing his/her personal data declares to be over the aforesaid age. The use of this website and the submission of personal data is therefore prohibited to minors or persons banned or legally excluded from the reception or use of these services under the law of their country of residence or that from which he/she accesses these services.
In compliance with section 10 of the Law 34/2002 of 11 July on Services in the Information Society and E-commerce, the data provided hereunder correspond to the identification of www.gastronomy4u.com, as supplier of the services contracted by the user:
||C/ Orihuela, 2 –bajo
||03203 Elche (Alicante)
|Tax number/ Intl. Tax number:
||33482982L / ES33482982L
||Monday to Friday from 9:30 to 16:30 Hrs.
All invoices issued from this website by the activity thereof will have the above as issuing party. The purpose and activity of this website is the commercialisation of the gastronomic products listed in it among customers and companies (acting as end users) under a B2C retailing model, as well as residents in Spain and part of the EU countries.
On the one hand, the owner of this website, with the data detailed in the previous page (hereinafter the Seller), and on the other, the user, (hereinafter the Buyer) registered on this website by means of a username and password, of which he/she has full responsibility for use and custody, being responsible for the veracity of the personal data provided.
VARIATION OF GCPS.
It is strongly recommended to print or read this document and check it periodically for changes. The Seller keeps the right to modify this present GCPS document, not being obliged to communicate any modification to the Buyer which, in any case, is responsible to check and accept it as previous request before the purchase of any product or service available in this website. It will be considered as applicable the current version of the GCPS accepted by the Buyer at the time of acquisition of the corresponding products.
By means of the GCPS, the Seller agrees to deliver to the Buyer the products that he/she has requested through the Website in exchange for a certain and specified price. Upon making a purchase, the Buyer states that he/she:
- Is a person of legal age and capable of contracting, in the case of a private consumer.
- Is a qualified person or authorized representative for that purpose, in case of being a company.
In addition, the GCPS will have an indefinite period of validity and will be applicable to all transactions made through this website. The current version of this document is 1.0 and has been last revised on February 2017.
2- APPLICABLE LEGISLATION.
Such GCPS are subject to the following regulations:
- Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.
- Law 3/2014, of 27 March, that amends the consolidated text of the previous Royal Legislative Decree 1/2007 of 16 November.
- Decree 1906/1999, of 17 December, which regulates the Telephone or Electronic Contracting with general conditions.
- 15/1999 Spanish Data Protection Organic Law (LOPD) of 13 December, while current until May 2018.
- Directive 95/46/CE (Data Protection General Regulation)
- Organic Law 7/1996, of 15 January, Regulation of Retail Trade.
- Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce.
3- SELLER’S RIGHTS AND OBLIGATIONS.
3.1. Delivery of the product.- The Seller undertakes to deliver the product in perfect condition at the address that the Buyer indicates in the corresponding order form. The Seller shall not be liable for errors caused in delivery due to untrue or omitted data entered by the Buyer in the order form.
Once the purchase process and the payment is completed, the order will be prepared as a matter of urgency within a maximum period of 1 to 2 days if all the requested products are stored in stock. Orders received on Friday or eve of public holidays after 13:00 hours will start preparation from the next working day. No shipments will be made on Saturday, Sunday, National holidays and Local holidays at the Seller’s Address.
Although stock is available for all products offered on this website, there might be a stock break for some circumstance in time. Therefore, and in the event that the requested product is not in the warehouse or the delivery period is higher than indicated, this website will inform the Buyer to this effect, firstly in the product sheet and, if finally the Buyer makes the purchase, even knowing that the product is not available or will have a superior delivery time, the Seller will subsequently warn the Buyer about the new delivery time by email. In that e-mail, the Buyer will be offered the option to cancel all or part of his order or to purchase an alternative article of similar characteristics to the one chosen first, if any, of which there will be stock on the warehouse. Once the Buyer's response has been obtained, the order will be prepared or cancelled in whole or in part, according to the instructions received. In the event of cancellation of the order, the Seller undertakes to return the amount of purchase in full within a maximum period of 7 working days, if it was already paid by the Buyer. Cancellations that have not been communicated to this website through the route and term established in this section will not be accepted.
3.2. Responsibility of the SELLER. In no case shall the Seller be liable in relation to:
3.2.1. Errors made by the Buyer when entering his/her data in the order form, delays or impossibility of reception by the recipients of the order confirmation caused by any failure arisen by problems in the Internet Network, causes of accidental event or force majeure and any other unforeseen contingency outside the good faith of the Seller. In any case, he undertakes to try to solve the problems that may arise and to offer all necessary support to the Buyer to arrive at a quick and satisfactory solution of the incidence.
3.2.2. Errors or damages caused by an inefficient use of the service and in bad faith by the Buyer.
3.2.3. Inoperativity of the e-mail address provided by the Buyer.
3.2.4. Damages or detriments of any nature that could cause possible errors or omissions in the contents of the website, transmission of viruses or malicious programs or harmful content, despite having adopted the technological measures within its reach necessary to avoid it.
3.2.5. Failures and incidents that could occur in communications, deletion or incomplete transmissions so that the services of this website are not guaranteed to be fully operational.
3.2.6. The Seller keeps the right to suspend access to this website without prior notice and with a definitive or temporary nature until the assurance of the effective solution for any damages that may occur in this website. In addition, the Seller shall cooperate and notify the competent authority of such incidents after the awareness that the damage caused constitutes any type of illegal activity.
3.3.1. Due this website activity as intermediary, the guarantee covering the Product delivered to the Buyer is limited to that extended by the producers.
3.3.2. TheSeller warrants that all products displayed on the website are commercial and legal in Spain.
3.3.3. The Seller is not obligated to indemnify the Buyer or third parties for the consequences of the use of the product, whether direct or indirect damages, or damages to goods outside the Product.
3.3.4. The costs of shipping to our warehouse and the cost of returning the product to the Buyer's address for defective products within the warranty period are at Seller's expense.
3.4. Right of acceptance. The Seller keeps the right to block or cancel any user account if he believes that, in any way, he/she may act in bad faith, contrary to the law or to the requirements of morality and good customs. At the same time, if the Seller detects any type of fraudulent act made by the Buyer, he undertakes to immediately inform the legal authority about this practise.
4- BUYER'S RIGHTS AND OBLIGATIONS.
4.1. Payment. - The Buyer undertakes to pay in advance the amount indicated on the purchase order placed by him/her on this website, which includes the product/s that he/she has requested. Each order will be unique, will have its own amount and determined products and will be identified with a unique order number. The prices of the products that appear on the website include V.A.T., although the amount corresponding to V.A.T. will be duly indicated in the breakdown of the order.
4.2. Right of withdrawal.The Seller acknowledges to the Buyer the right of withdrawal in the terms and time limit recognized in Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws such as Law 3/2014, of 27 March. In order to exercise this right, the Buyer has a period of 14 calendar days from receipt of the product, being considered as such date, unless proof to the contrary, that indicated in the delivery document signed by the same to the transport company. The Buyer must send an email to the address firstname.lastname@example.org this effect including the order number, order date, corresponding product and reason for return. In any case, the Buyer will bear the direct costs of the return of said product, as well as any damage caused as a result of its return.
Once the returned product is in the Seller’s warehouse and duly verified to be in perfect condition, the Seller will reimburse the Buyer for the amount paid in respect of price and applicable taxes, through the same payment method used by the latter to make the purchase.
In no case the right of withdrawal is granted on products that have been unsealed or used by the Buyer.
4.3. Responsibility of the Buyer. In any case, it is the responsibility of the Buyer:
4.3.1. The Buyer must never transfer or sell to third parties the information or identification of their user account on this website, their account is totally personal and non-transferable.
4.3.2. The Buyer assumes all risks of deterioration, damage and loss of the products from the moment they are made available to him/her by the third party that, on behalf of the Seller, makes the delivery of the products requested.
4.3.3. The Buyer undertakes to verify the good condition of the package before the third party that, on behalf of the Seller, makes the delivery of the requested product, indicating in the delivery note any anomaly that could be detected in the packaging. If afterwards, after reviewing the contents, the Buyer detects that a product is not in good condition or any incidents such as, blow, breakage or damage caused by the shipment, the Buyer agrees to notify to the email address email@example.com adding photo/s of such incident within a maximum period of 24h after the order reception.
We will not accept claims that have not been properly documented and reported within the indicated period.
4.3.4. The Buyer undertakes NOT to carry out any of these activities with no exception:
- Offending, insulting or discrediting other people in any common space on this Website, if any. Likewise, and if any user leaves some contact information in any common space of the website, it could never be used for such activities. In parallel, this website would remove such contact information from its content at the right awareness of its existence.
- Introduce or disseminate content or propaganda of racist, homophobic, xenophobic, sexual, violent, apologetic or threatening human rights. As in the previous point, such content would be eliminated as soon as it is detected.
- Plagiarize, copy or use any content included on this website.
- Impersonate other users.
- Carry out commercial activities such as the promotion of products and services, generate spam, transmit commercial messages, or any other related activity without the written authorization of this website owner.
As in point 3.4, if the Seller detects any type of activity related to any of the above, he undertakes to immediately notify the legal authority.
5- ORDER MINIMUM AMOUNT.
The minimum amont for which an order can be placed in this Website is 30 €, taxes and shipment expenses NOT included. This amount is applied to all Countries where this Website makes shipments.
6- SHIPMENT EXPENSES.
In addition to the price indicated on the website for each of the products offered, the relevant shipping costs, if any, must be added in the calculation of the order amount. The Seller undertakes to inform the Buyer on this website, before placing the order, of the cost of all additional amounts, if any, to the products requested. He will also do so in the email confirmation of each order.
The detail of the amounts charged to the Buyer as collaboration in the costs of handling, packaging and shipment to be added to each order, if applicable, is the following (all prices include V.A.T.):
6.1. Shipments to Spain (mainland) and Portugal (mainland):
- Orders whose amount ranges from order minimum amount to 75 €: There will be applicable a charge of 3,99 €.
- Orders whose amount exceeds 75 €: NO charge will be applicable.
6.2. Shipments to Balearic Islands (Spain):
- Orders whose amount ranges from order minimum amount to 90 €: There will be applicable a charge of 12,00 €.
- Orders whose amount ranges from 90 to 150 €: There will be applicable a charge of 6,00 €.
- Orders whose amount exceeds 150 €: NO charge will be applicable.
This website will NOT make any shipment to the Canary Islands, Ceuta and Melilla in Spain, and Ilhas Azores and Madeira in Portugal, unless otherwise agreed by the Buyer and the Seller with shipment costs calculated outside the terms of this document.
6.3. Shipments to EU Countries (except Portugal): This website will make shipments to the following UE Countries: France, UK, Ireland, Belgium, The Netherlands, Luxemburg, Germany, Italy and Poland. All Countries will have the same charges in this concept.
- Orders whose amount ranges from order minimum amount to 90 €: There will be applicable a charge of 15,00 €.
- Orders whose amount ranges from 90 to 180 €: There will be applicable a charge of 8,00 €.
- Orders whose amount exceeds 180 €: NO charge will be applicable.
There are some remote areas or islands in the above mentioned UE Countries to which NO shipments will be made by this website. In case of reception of any order from these exception areas, it will be cancelled and communicated to the Buyer by e-mail.
7.- TRANSIT TIMES:
Gastronomy4u makes all order shipments through Courier transport companies. The transit times are conditioned to the circumstances of each delivery and are different according to Country and place of destination. However, for your information, we stablish some maximum time periods on which the transit time should not exceed:
7.1. Shipments to Spain (national) and Portugal (mainland): From 1 to 3 labour days.
7.2. Shipments to EU Countries except Portugal: From 3 to 7 labour days.
8- PAYMENT METHODS.
The Buyer will pay for the amount corresponding to his/her purchase order through the following methods:
8.1. Credit Card: entering his/her credit card data in the virtual POS existing on this website. In order the payment can be made through this method, it will be essential that the Buyer specifies his/her ID number in the order form.
8.2. PayPal: The payment will be made through the payment gateway of this website, from the email account of the Buyer to the email account of the Seller, both linked to this method of payment.
8.3. Bank Transfer: Once the payment has been made to the bank account indicated by the Seller, the proof of payment must be provided by sending it by email to the account firstname.lastname@example.org. Once this process is completed, the order will be prepared and sent to the Buyer.
9. - APPLICABLE LANGUAGE AND CURRENCY.
The official language of this website and all its legal texts is Spanish. Should any divergence arise between the translations included in its content, this language will be the one as reference.
The currency used for ALL transactions on this website is the euro (€).
10. - JURISDICTION AND APPLICABLE LAW.-
In any case, the Seller and the Buyer submit themselves to the Courts and Tribunals of Elche, Alicante (Spain), renouncing any other forum.
11. - NULLITY OF CLAUSES.-
In case any clause in the present GCPS is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions. The owner of this website may not exercise any of the rights and powers conferred on this document, which in no way implies his waiver to them unless expressly acknowledged by him.
12. - QUESTIONS AND COMMENTS
Questions, comments and doubts about this document and practices in this area are welcomed. To make comments or ask questions, you can send an email to email@example.com.