ONLINE SHOP CONTRACT TERMS
1. Identification of the parties
The present General Contract Terms are applicable to the purchase of products through the online shop available in this website, they complement the disposed in the Conditions of Use of the Website
, and have been established on one hand by DE PRADO QUALITY FOODS, S.L. (hereinafter DE PRADO) with social address in Calle Alhaken II, nº8. 14008 Cordoba, Spain and Tax Identification Number B-14.895.015, registered in the Registro Mercantil de Cordoba on Tomo 2186, Folio 211, Hoja CO-30.104 and with the telephone number 957 48 81 66 and on the other hand, accepted by the user, visitor, client or subscriber (hereinafter, the client).
DE PRADO, in compliance with the established in the Ley (Law) 34/2002, from 11 July, of the Servicios de la Sociedad de la Información y de Comercio Electrónico (Services of the Information Society and Electronic Commerce), as well as in the applicable remaining legislation has established the following General Contract Terms of the products on offer at the online shop of this website (hereinafter, the “Products”).
Contracting products implies the full acceptance and with no reservations of each and every of the following General Contract Terms, besides those established in the corresponding tab section.
The present General Contract Terms have as aim the purchase of the Products that are available in this website at any moment, in exchange for the prices defined by DE PRADO.
4. Contracting capacity
In accordance with the applicable legislation in order to purchase the Products the Client must have the necessary legal capacity to contract as established in the law of the country from which he is national. In Spain that age is of 18 years. If the Client is acting on behalf of a legal entity, by accepting the present General Contract Terms he declares he is in possession of the rightful representation rights.
The working language and that to respond to the contract, as well as that of formalizing and interpreting this contract will be, in any case, Spanish. At the client’s request the communication between DE PRADO and the client might be made in a language other than Spanish.
Notwithstanding the availability of this document in a language other than Spanish the binding version for the contracting parties will solely be the Spanish version.
The products offered in the web page are understood to be within the limits of the available stock. The indication on the availability of the products is updated at the moment of the order validation. The client acknowledges the fact that the availability of the products is indicated solely for information purposes and is subject to the stocks update frequency, which means there may be some difference between the information provided to the consumer and the real DE PRADO stocks.
In the event of stock rupture, DE PRADO will contact the client over the telephone or by email so as to modify the contents of the order or to dismiss it totally or partially, according to the client’s preference.
7. Best Before Dates
The food items on offer by DE PRADO in its online shop will have, unless expressly stated otherwise, at least the following best before dates:
- Olive Oil: at least 12 months.
- Table Olives: at least 24 months.
The products are served according to the prices displayed in the website at the moment of the registry of the order by DE PRADO. The prices are displayed in euros, taxes included. The prices displayed can only be applied to distance sales through the web page.
The price does not include shipping costs, transportation or delivery, and these amounts will be charged separately. Every order will originate the charge of shipping costs, unless otherwise clearly stated. The quantity, type of product and delivery method chosen by the client determines its amount.
DE PRADO will make available through a tab called “OUTLET” available on its online shop food products at reduced prices as these will have best before dates inferior to those specified in the previous item 7. In any case it will be specified, before the client concludes his purchase, the maximum best before date for the product in question.
The shipping costs will be added to the purchase price.
DE PRADO withholds the right to change the price of its products at any moment, simply by changing them in the web page.
9. Payment Terms
a. DE PRADO will not be obliged to deliver the ordered products in the event that the order has not been satisfactorily completed. DE PRADO will not consider any payment as definitive until the actual receipt of the amounts.
b. In the case of payments via bank card: the payments will be considered due until the moment DE PRADO is reimbursed by the banking institution. During payment the client will be automatically redirected through the web page of DE PRADO’s banking institution.
c. The banking data will not be processed by DE PRADO systems and there will be no communication about this data, nor will they be stored at any moment.
d. The client expressly accepts the invoice can be sent with the order to the email address provided by the client at the moment of concluding the order or, at the latest, at the moment of the product delivery.
a. Shipping costs.
Shipping costs are indicated in the basket, on the screen that reviews the order and in the invoice.
DE PRADO only ships its products to those countries that are specified on its web page at any moment, in the deadlines presented when the order is made and to the address indicated by the client on his order.
DE PRADO commits itself with making every possible effort to deliver the client’s order in the deadlines indicated ahead. Nonetheless, the client expressly accepts that if the product is not delivered within thirty (30) working days since the date of delivery provided to the client before concluding his purchase and in accordance with what is stated in the order confirmation email, the sale can be resolved at the client’s or DE PRADO’s request. The amount paid by the client will be returned to him within fourteen (14) consecutive days counting from the order cancelation sent by the client or DE PRADO, with no claim to any other indemnity.
In the event that on the date in which the client requests the product return the product has already been sent it will be the client’s obligation to report to the transporter that he refuses the delivery. The amounts paid by the client will be returned to him within fourteen (14) consecutive days counting from the cancelation request sent by the client to DE PRADO. The additional costs emanating from the product return to the DE PRADO warehouse will occur at the client’s expense.b. Home delivery.
The client commits himself to state on his order all the information necessary to the delivery, in order to ensure the proper conclusion of the purchase. He will also provide a telephone number so that the transporter might reach him.
During delivery the client must provide his identification if called upon to do so.
In case of absence at the moment of delivery the transporter will leave a warning note in order to arrange another moment for delivery.
In the event that the client does not receive the product within the deadline stated by the transporter, after a first delivery attempt, the product will be automatically returned to the DE PRADO warehouse.
The client will then be reimbursed of the amount of his order within fourteen (14) days, counting from the notification of the cancelation of the order by DE PRADO. The transportation costs originated by the return of the product to the DE PRADO warehouses will be deducted from the total amount that the client would receive, as it was impossible to perform the delivery of the product due to causes alien to DE PRADO or the transporter.
In the event that the client encounters some difficulties originated by the transporter the client should inform DE PRADO, within the same deadlines, by email to the following email address: email@example.com
It is the client’s responsibility to ensure that the products arrive in good condition and according to the order upon delivery. In the event that there is any non-conformity the client should state it in the delivery document that will be signed by him and the transporter and each will keep a copy of the document.
The non-conformities should be communicated to the transporter and to DE PRADO by registered mail within three (3) days following the reception of the product.
In the event of broken or poor condition products the client should refuse the damaged product and state “refused due to broken or poor condition product” on the delivery document.
In the event of a delivery that is not in accordance with the order, both in quantity or in quality, the client should inform DE PRADO mentioning the order reference to our phone service or by email.
11. Transmission of Property and Risks
The products delivered are property of DE PRADO until the price has been paid in full.
On the other hand, the responsibility for loss or deterioration of the product is of the client after the delivery and reception of the product by the client.
12. Right of Withdrawal
The client has the right of withdrawal on the purchase that he may exert within fourteen (14) days following the delivery and reception of the product.
The client expressly accepts that the return costs will be charged to him.
The products should be returned to the address from which they are sent. The refund of the price to the client will be made in the same way he made the payment in the first place.
There will be no returns on personalized products nor on products manufactured at the client’s request.
In order to allow a product to be returned:
1. It should be sent in its original package;
2. It should be in perfect condition;
3. It should not have been used;
4. And it must be accompanied by all its accessories and documents.
The returns that have incomplete, damaged or stained articles will not be admitted.
In the event that the client has observed all the exposed requisites DEPRADO commits itself to reimburse the client of the price of the returned product within fourteen (14) days after the reception of the referred product. The reimbursement will be made through refund to the credit card or PayPal account or bank transfer to the account indicated by the client.
The client is informed that the return costs will be charged to him in the previously explained terms.
13. Forms of payment
The Client will pay the price, at his own discretion, through credit or debit card, PayPal or bank transfer to the following account number:
ES86 2038 4120 2260 0002 9361
DE PRADO might eliminate, in a permanent or temporary way, some or any of the payment options on offer to the client without prior notice.
The fraudulent use of credit cards, or denial of charge operation for any cause will give DE PRADO the right to resolve the contract of the acquired product without prejudice of the corresponding civil and criminal responsibilities.
14. Contract validity
The present General Contracting Terms are incorporated to the product purchase contract subscribed with DE PRADO at the moment the Client agrees to it, which shall be understood once he clicks the corresponding button in the contract form.
As this is an electronic contract the signature of the present contract will be replaced by the acceptance of the present general terms performed as explained in the previous paragraph.
15. Data Protection
DE PRADO commits itself to diligently process your data and to process them in accordance to Spanish law.
Your data will be included in an automated file property of DE PRADO, registered in the Registro General de la Agencia Española de Protección de Datos (General Record of the Spanish Agency of Data Protection), with the purpose of fulfilling the contract in the terms described and to inform you of the activities and services of DE PRADO. You can exercise your rights of access, correction, cancelation and opposition by writing to firstname.lastname@example.org. Before continuing, please read the DE PRADO Data Protection and Confidentiality Policy carefully, which is directly applicable to this contract.
16. Intellectual Property
The contents of this web page are property of DE PRADO, and are protected by Spanish and International law on intellectual property. All reproduction, partial or total, is expressly prohibited and might constitute an unlawful civil and criminal act.
DE PRADO is the proprietor of all rights of intellectual property on the studies, drawings, models and prototypes made to render the service to the client. It is forbidden to the client any reproduction or operation of the aforementioned studies, drawings, models and prototypes without previous written and express authorization by DE PRADO, who can limit the said authorization to the obtainment of financial compensation.
17. Access to services through the Website
The access to the purchase of the products on offer by DE PRADO will be ruled by the clauses and terms of the Legal Warning of the Website as it is made in it. Read them carefully before continuing.
18. Applicable Legislation
The parties recognize that the applicable legislation to the present contract, and to all juridical relations emanating from it, will be Spanish law, by express application of the disposed in article 1.262 of the Código Civil (Civil Code), in relation to the disposed in the Capítulo IV (Chapter 4), of the Título Preliminar (Preliminary Title) of the aforementioned legal body.
The parties expressly agree to submit to the Juries and Courts of Cordoba capital, as this is the place where the contract is celebrated, with an express waiver to any other jurisdiction that might correspond to them.