A) GENERAL TERMS AND CONDITIONS OF THE CONTRACT
I.- PURPOSE AND SCOPE
The purpose of these stipulations is to regulate the use of the electronic sales services of the different goods and services offered by OLEOSALGADO, SA, a trading company that operates through the Internet from its website (https://www.TIENDARAFAELSALGADO.com) Selling to its customers Edible oils and other non-perishable food products. The clauses that make up these General Conditions bind both parties and form an integral and inseparable part of the sales contract whose effectiveness operates at the moment of the subscription of the order at the request of the customer, through the contracting mechanisms that will subsequently be specified, all In accordance with the provisions of art. 1.255 of the Civil Code that includes the principle of the autonomy of the will and pacts between the contracting parties. In order to guarantee in full the rights of consumers and users of the OLEOSALGADO, SA purchasing service, these General Conditions are established in accordance with the provisions of Law 26/84 of June 19 General for the Defense of Consumers and Users , Law 7/98 of April 13, General Conditions of Contract, Law 7/96 of January 15 of Ordinance on Retail Commerce, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Law 34/2002 of 11 July on services of the information society and electronic commerce, Law 23/2003 of 10 July on Guarantees on the sale of Consumer Goods and the regulations that develop them.
II.- IDENTIFICATION AND SOCIAL REASON OF THE OFFERING COMPANY
OLEOSALGADO, S.A., with registered offices in Carretera Madrid / Cádiz Km556; 41703 Dos Hermanas Sevilla, registered in the Mercantile Register of Seville, Volume 4.023 General, Folio 149, Sheet SE-59.371, Registration 1ª CIF. A91399774, offers its services of sale through the electronic commerce by Internet in the web page https://www.TIENDARAFAELSALGADO.com? Its address of contact is the e-mail [email protected]
These General Conditions regulate the provision of sales services, contracting of products and services offered by OLEOSALGADO, S.A. And advertising directed at its customers / users, all through its website, as well as the rights and obligations of the parties derived from the sale and purchase transactions entered into between them.
IV.- LEGAL CONDITIONS OF SERVICE PROVISION AND RESPONSIBILITY
CLARITY AND TRANSPARENCY IN INFORMATION. “OLEOSALGADO, S.A., in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, makes it possible to access by electronic means in a permanent, easy, direct and free way to the comprehensive information of its corporate name (data Fiscal, registry, domicile and communications management), as well as the customer’s exclusive access to the data, held by the Company. CONFIDENTIALITY OF DATA AND INFORMATION PROVIDED BY CLIENTS AND USERS.?OLEOSALGADO, S.A. Undertakes not to use the personal data of its customers or users for purposes other than or for the purpose of contracting the services it provides, ensuring, through appropriate measures, the confidentiality of the same, their loss or alteration, and unauthorized access to said services. data. SAFETY IN THE TREATMENT, COMPUTER PROCESS AND CUSTODY OF DATA.?OLEOSALGADO, S.A. Declares and guarantees the complete submission and effective compliance of the guarantee and security processes contained in the Law of Data Protection LO 5/93 of October 29, Regulation of the Automated Processing of Personal Data. ADVERTISING AND PERSONALIZED OFFERS TO THE CLIENT.?OLEOSALGADO, SA, through the email address or personal of the client, may send offers and information provided that the client, prior to accepting this modality that expressly will be requested in the registration process Customer.
V.- USER / CUSTOMER ACCESS CONDITIONS
The user of the website maintained by OLEOSALGADO, S.A. Shall have the right to free and free access to the public information contained therein, although OLEOSALGADO, S.A. Reserves the right to restrict access to information, promotions and special offers to its registered customers. Any user accessing the website of OLEOSALGADO, S.A. Has the right to register as a customer and can therefore avail itself of special offers for the client group if it meets the specific conditions of the offer specified for each product. The public information contained in the website of OLEOSALGADO, S.A. Referring to both the company OLEOSALGADO, S.A. As well as the brands, products, logos, … of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on rights of protection of intellectual and industrial property, so it is not authorized copy, transmission , Assignment, alienation or use by the customer other than the advertising purpose of its virtual publication that do not have the express consent of OLEOSALGADO, SA, the manufacturer of the product or the owner of trademarks and logos. USER REGISTRY The customer / user prior to the formalization of the purchase of any of the products offered by OLEOSALGADO, S.A. You must register your personal data and circumstances necessary to formalize the sales contract (name and surname or business name, ID / ID number, address, e-mail address, telephone / fax number). OLEOSALGADO, S.A. You can ask the client for additional personal information that allows him to know, for statistical purposes, the profile of the client. The client may omit or stop communicating any personal data or circumstance that are not absolutely necessary to formalize the purchase. OLEOSALGADO, S.A. Will be able to offer the customer a personal registration system through a personalized access key (password) and a password (password) to facilitate the customer future purchase operations. In this case, the customer may designate the desired password and password, as long as they are available or are not assigned to other customers. No codes or passwords with immoral, abusive, harassing, discriminatory or contravening the provisions of the laws, nor those with terms that refer to trademarks, products or names protected by the Law of Intellectual Property, Industrial or contrary to rights To intimacy, honor and self-image. The client undertakes to ensure the confidentiality of his own password and password. OLEOSALGADO, S.A. Is exempted from any liability arising from the incorrect use or negligence on the part of the client in the fulfillment of their obligation of confidentiality of their access codes.
VI.- PROCESS OF OFFERING AND ACCEPTANCE, … CONDITIONS OF SALE AND DELIVERY OF THE PRODUCT
Price policy: OLEOSALGADO, S.A. It reserves at all times and unilaterally the modi fi cation of the price of the products and services offered through its website. In order to guarantee to the customer the certainty and security of the price of its products, this will be the one in force in the advertising coincident with the moment of formalizing the order. In the interactive process of electronic purchase, the following steps will be followed according to the menu of options included in the website of OLEOSALGADO, SA: Information about the product offered to the customer: technical characteristics, description, warranty period, manufacturer’s mark, (As the case may be) The acquired product may be subject to substantial changes in the components, characteristics or performance of the batch that make it up, subject to availability by the manufacturer, provided they do not detract from the qualities and performance of the product. Information on the price of the product: information on the final price or retail price of the product to be purchased, containing the final cost for the customer and including VAT, freight charges and merchandise insurance and handling derived from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before he / she will formalize their acceptance. • Any discounts or promotional gifts will be freely directed by OLEOSALGADO, S.A. To the groups designated at any time by OLEOSALGADO, S.A., or depending on the product offered, according to the publicity existing at each moment in its web page. Acceptance of the order: at the time of ordering, once the option of accepting the order is used, the consent of the customer is understood to be valid for the validity and effectiveness of the purchase agreement that binds the parties. Buying except good fi n: The commitment acquired by OLEOSALGADO, S.A. Sale and dispatch of the merchandise offered is subject to the stock of the product announced and the availability of the same until the end of stock, so OLEOSALGADO, SA, in its commitment to quality and customer service, always tries that the products advertised Available. Forms of payment by the customer: the following payment systems are established: 1º.-Prepayment: through cash or bank transfer in favor of the bank account owned by OLEOSALGADO, S.A. Published on its website; In both modalities of prepayment with express mention of the order number to which the payment refers. 2nd.- Cash on delivery: the customer will make the payment in cash at the moment of delivery of the merchandise in the place designated by the latter when making the order. Payments against refund have an extra charge of € 6. 3 .- Payment by Credit Card or Debit: You can proceed to pay your payment immediately through the SSL secure payment gateway of our bank Santander. 4º.- Paypal Invoice: The payment made by the customer to the account [email protected], OLEOSALGADO, S.A. Will send a virtual or physical invoice to the e-mail address designated by the latter. Deadline for delivery of the purchased product: a period of approximately 24-72 hours is established for the effective delivery of the product to be counted from the moment in which the date of delivery of the product was established when the order was placed in the orders for payment on the cash . Orders for advance payment with proof of payment within the deadline established during the order formalization will have as the start date of the calculation the same as the orders for payment against repayment. For orders for prepayment without proof of payment within the delivery period of the product fixed at the time the order is placed, the 24-hour period will start counting from the date that OLEOSALGADO, S.A. Has a clear knowledge of the realization of such payment.?For the assumption of delay in delivery of more than 5 days over the approximate term of receipt of the product fixed when ordering, and provided that this delay is attributable to OLEOSALGADO, SA, The customer, after a written complaint (letter, fax or e-mail), may unilaterally withdraw from the order, refunding the amounts paid in case of prepayment, and agreeing on the parties that do not proceed any claim for damages, present or future, direct Or indirect, or under the modalities of emergent damage or loss of profit. Shipments to the Balearic and Canary Islands, delivery times vary with respect to deliveries within the peninsula. The delivery deadlines will be those stipulated by the contracted agencies, for the present will be Mosca Marítimo, with a fixed term of 72-96 hours in the Balearic Islands and 7 days in the Canary Islands. Place and form of delivery: The order will be delivered to the designated address at the time of the contract by the customer. The subsequent modification of the place of delivery requested by the customer may generate additional expenses on the sale price that will be at the buyer’s expense. The merchandise will be delivered to the customer by a transport company (except the Canary Islands and the Balearic Islands), together with an invoice in which the data will be entered to identify the customer, the order, the amount of the refund (only for orders in payment mode Against reimbursement) and the number of packages that make up the shipment • The merchandise is covered at all times against risks of transportation, loss and handling • In case the customer verifies at the moment of delivery errors in the goods received Or that this one is visibly damaged, must inform these facts to OLEOSALGADO, SA Within 24 hours by means of the customer service published on its website or at the registered office of the company. The goods that could not be delivered within 15 days from the departure of the same From OLEOSALGADO, SA For reasons not attributable to the seller will be returned to the same, refunding the amounts paid in case of orders in the prepaid mode, and without any claim for damages, present or future, direct or indirect, or under the modalities of damage Emerging income.
VII.- PRODUCT WARRANTY
The guarantee of the products sold by OLEOSALGADO, S.A. Is provided and established by virtue of the legislation contained in Law 23/2003, of July 10, on guarantees in the Sale of Consumer Goods, a legal framework that aims to provide the consumer with different options to demand sanitation when the good Acquired, is not in conformity with the contract, giving the option to demand the repair or replacement of the good, unless it is impossible or disproportionate. When the repair or replacement is not possible or unsuccessful, the consumer may demand the reduction of the price or the termination of the contract.? A period of two years from the moment of delivery is recognized so that the buyer can make these rights effective And a period of three years, also counted from the moment of purchase, so that he can exercise, if appropriate, the appropriate actions.?In accordance with this law, the seller is obliged to deliver to the consumer a good that is in conformity With the purchase contract in the terms established by the law (Article 1), considering these goods as “movable personal property intended for private consumption” (Article 1). The said law on the responsibility of the seller and the rights of the buyer: “The seller will respond to the consumer of any lack of conformity that exists at the time of delivery of the good. Under the terms of this law, the consumer is entitled to the repair of the property, its replacement, price reduction and termination of the contract. “? This responsibility of the seller for the lack of conformity of the property will be extended to those Which must be stated within two years of the delivery of the good (Article 9.1), and must inform the seller of the lack of conformity within two months of becoming aware of it (Article 9.4) In order to regulate the aspects of the commercial guarantee not included in this Law 23/2003, the regime contained in Law 7/1996, of January 15, on Retailing, will apply.
VIII.- CUSTOMER RIGHTS
Confidentiality and security of the client’s personal data in accordance with what is established in the current Spanish legislation on data protection. – No dissemination, transmission or publication of customer data without your express consent. Do not receive promotional emails or Advertising, unless express consent of the client.?Consult, modify and delete the personal data of the client that work in the database of OLEOSALGADO, SA At the request of the client.?Access freely to the open sections of the website of OLEOSALGADO, S.A.? Know at every moment the status of processing of the order made. Unilateral withdrawal / revocation of the requested order: In accordance with the provisions of art. 44 of Law 7/1996, dated January 15, on Retailing, the customer will have the right to the revocation of the requested request within 7 working days from the reception of the same, after notifying OLEOSALGADO, S.A. Within that period to establish the appropriate return channels (return number, and form and address of delivery of return shipment), with refund of the price that would have paid for it. In case of exercising this right of withdrawal, the customer will be responsible for the return costs and damages suffered by the product or merchandise. OLEOSALGADO, S.A. Will not be responsible for returns on products handled by the customer, or those goods that are returned incomplete both in its main elements and accessories. The right of withdrawal outside the indicated period or products subject to fl uctuations of a market not controlled by OLEOSALGADO, S.A., or perishable objects, objects that can be easily reproduced with immediate character or that by their nature can not be returned, will not proceed. Neither will the withdrawal proceed on merchandise or orders that can be considered for their special characteristics as requested by the customer.
IX.- OBLIGATIONS OF THE USER / CUSTOMER
Keep your personal keys with due diligence.?Use the information published by OLEOSALGADO, S.A. Exclusively by the client strictly within the intended personal commercial relationship.? Not reproducing, transferring or disposing of the information published by OLEOSALGADO, S.A. In all its contents without express permission of the company itself. • Use fi elly the purchasing service facilitated by OLEOSALGADO, S.A. On its website, refraining from manipulating the contents of its website, or interfering in its computer media through viruses or other prohibited behaviors in Law. • Respect the purchase agreement once accepted the order, with the appropriate payment of the price concerted.
X.- RIGHTS OF OLEOSALGADO, S.A.
Preserve, modify or suspend your website without prior notice. Modify the price of the offers. Reject orders for lack of stock or non-payment of the customer. Perceive the amount of the customer’s purchases accepted the transaction.
B) USE OF THE PORTAL
The clauses that are related below configure the framework contract that all the users that access the page https://www.TIENDARAFAELSALGADO.com are obliged to know and to accept, all this without prejudice of the other General Conditions of the Contract that formed An integral part of the purchase and sale of the products offered by the Company. For the purpose of these general conditions only, the term “user” includes any Internet user accessing the web page “TIENDARAFAELSALGADO.com”, either directly, or from any other Internet site. The general conditions of use of the Portal are as follows:
The services offered by OLEOSALGADO, SA on this INTERNET site will be governed by the conditions contained in this contract, without prejudice to the fact that the purchase of the products offered on the page will be regulated, in addition, by the General Conditions of the hiring. OLEOSALGADO, S.A .. reserves the right to modify, totally or partially, these general conditions, being applicable the new ones that it agrees from the moment of its insertion in the page. In any case, the aforementioned modifications will not have retroactive effect on the services already contracted previously by the users. For all purposes it will be understood that the user accepts the conditions and rules of use listed here by clicking the “Accept” button at the bottom of this document.
II.- IDENTIFICATION AND SOCIAL REASON OF THE OFFERING COMPANY
OLEOSALGADO, S.A., as provider of its sales services through electronic commerce by Internet, establishes its registered office in Carretera Madrid / Cádiz Km556; 41703 Dos Hermanas Sevilla, registered in the Mercantile Register of Seville, Volume 4.023 General, Folio 149, Sheet SE-59.371, Registration 1ª CIF. A91399774. Provides its sales services through the Internet on the website www.TIENDARAFAELSALGADO.com
III.- USER ACCESS CONDITIONS
The user agrees to use the information contained in the page of this INTERNET site for his own needs exclusively and not to directly or indirectly carry out a commercial exploitation of the services to which he has access.?Therefore, it should be noted that any form of plagiarism Of these general conditions and their exploitation for commercial use may have legal consequences, unless expressly authorized by OLEOSALGADO, SA The user of the website will have the right to free and free access to the public information collected in the same, although OLEOSALGADO, S.A. Reserves the right to restrict access to information, promotions and special offers to its registered customers. Any user accessing the website of OLEOSALGADO, S.A. Has the right to register as a customer and can therefore avail itself of special offers for the client group if it meets the specific conditions of the offer specified for each product. In this case, the user / client will be subject, in addition to these conditions, to the General Conditions of Contract.
IV.- RELATING TO INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The rights relating to industrial and intellectual property (including but not limited to: trademarks, logos, texts, photographs, icons, images, …, as well as graphic design, source code and other software elements contained in the page (“TIENDARAFAELSALGADO.COM”) are the property of OLEOSALGADO, SA, and are therefore subject to intellectual and industrial property rights protected by Spanish and international law, without prior written authorization of OLEOSALGADO, SA, or Its case, the wholesale company or the manufacturer of the product that owns the rights, it is not allowed to use, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of The access to the services provided does not mean, on the part of OLEOSALGADO, SA, any waiver, transfer or total or partial Intellectual property rights, nor does it grant rights to use, alter, exploit, reproduce, distribute or publicly communicate these contents without the express prior written authorization of the respective owners of said rights, without prejudice to the right of display and Obtaining a private copy of security of such contents, provided that said right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the holder of such rights is maintained, is used for commercial purposes and exclusively for personal information of the user. The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this page will be exclusively for the user.
V.- RELATING TO THE OBJECT OF THE PORTAL
The service provided by OLEOSALGADO, S.A .. through the INTERNET Portal “TIENDARAFAELSALGADO.COM” is intended to provide users with information on offers of products for sale through electronic procurement procedures.
VI.- DISCLAIMER OF LIABILITY
OLEOSALGADO, S.A .. will not be responsible for interruptions in electrical or telecommunications services that prevent users from using the services offered.
VII.- APPLICABLE LEGISLATION
These General Conditions are governed by Spanish law.
VIII.- PROTECCIÓN DE DATOS DE CARÁCTER PERSONAL
INFORMATION The information received by OLEOSALGADO, S.A .. through its website will be treated with the utmost confidentiality. OLEOSALGADO, S.A. Is committed not to use the personal data of the users of the page for purposes other than the purpose of contracting the services provided. For the purposes of the provisions of Organic Law 15/1999, of December 13, on Personal Data Protection, we inform the user of the existence of personal data files that respond to the purpose of managing the requested orders To the Company and respond to queries that users may formulate. The entity responsible for the files is OLEOSALGADO, SA The user must provide the personal data and circumstances necessary to register as a customer of the Company and formalize sales contracts (name and surname or company name, ID number, address, Email address, telephone / fax number). Registration of these data is mandatory; The lack of complementation of the same by the user or the provision of incorrect data will make it impossible for OLEOSALGADO, S.A .. to handle orders correctly. OLEOSALGADO, S.A. Requests additional personal data for statistical purposes that allow you to know the profile of the user. The user can omit or stop communicating any personal data or circumstance that is not absolutely necessary for the registration as a customer or formalization of the purchase.
The data may be used by OLEOSALGADO, S.A. In order to send the user information about offers and advertising information to the email address or staff provided, provided that the affected person has accepted it.
IX.- RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION
OLEOSALGADO, SA, which is the addressee of the data contained in this page, undertakes to respect and facilitate to the interested parties the exercise of the rights recognized by law, and in particular the rights of access to data, rectification, Cancellation of data and opposition, if applicable. Such rights may be exercised by the user or, as the case may be, by the person representing him, by written and signed request, addressed to the following address: Carretera Madrid / Cádiz Km556; 41703 Dos Hermanas Sevilla SECURITY IN THE TREATMENT, COMPUTER PROCESS AND CUSTODY OF DATA OLEOSALGADO, S.A. Declares and guarantees that it maintains the levels of security of personal data protection in accordance with Royal Decree 994/1999 of 11 June concerning the security measures of automated files containing personal data and that it has established all the Technical means at its disposal to prevent loss, misuse, alteration, unauthorized access and theft of data provided by users, without prejudice to inform that Internet security measures are not impregnable.