GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
Ownership of this website www.encinardeljamon.com(hereinafter Website) is held by: Francisca Amores Calderón, whose contact details are:
Address: Calle Lope de Rueda, 280, Cp.29190-Málaga
Contact telephone number: 617511841
Contact email: info@encinardeljamon.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website () and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, the activity carried out through the Website is understood to include:
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of www.encinardeljamon.com. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the foregoing and, if the User does not agree to all of the foregoing, the User should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
Use this Website only to make legally valid enquiries and purchases or acquisitions.
Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User may, at his/her choice, conclude the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the established means and in the established ways. They must follow the online purchase and/or acquisition procedure of www.EncinardelJamon.comduring which various products and/or services can be selected and added to the cart, basket or final shopping space and finally click on: checkout.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.
Subsequently, the User will receive an e-mail confirming receipt of their order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, if applicable, the User will also be informed by e-mail when their purchase is being dispatched. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it through the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved in transactions carried out on the Website may be filed and kept in the computerised records in order to constitute a means of proof of the transactions, in any case in compliance with reasonable security conditions and the applicable laws and regulations in force in this regard, and in particular in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or products are out of stock, it undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final prices, in euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, it performs delivery and/or shipping services through: gls according to the rate marked at the time of final payment
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases with respect to which the User has already placed an order.
The accepted means of payment will be: Credit or debit card, Paypal, Bizum and bank transfer.
It uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards are subject to checks and authorisations by the issuing bank. If the issuing bank does not authorise payment, it shall not be liable for any delay or non-delivery and shall not be able to enter into any contract with the User.
Upon receipt of the purchase order by the User through the Website, a pre-authorisation will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, places established.
In any case, by clicking on checkout the User confirms that the payment method used is his or her own.
6. DELIVERY
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to it, it is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and he/she may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the User is not going to be at the place of delivery at the agreed time, he/she should contact us to arrange delivery on another day.
In the event that 30 days have elapsed since your order has been available for delivery, and it has not been delivered for reasons not attributable to Encinar del jamón shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products upon receipt of full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has been made when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting us through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on checkout, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.
8. RETURNS
In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:
RIGHT OF WITHDRAWAL
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.
This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Website or in the event that the goods making up the User's order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.
In order to exercise this right of withdrawal, the User must notify his or her decision to Encinar del jamón. You may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally state that he/she intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form made available as an annex to these Conditions, however, its use is not obligatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In the event of withdrawal, it will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which it is informed of the User's decision to withdraw.
will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, it may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User can return or send back the products
a Encinar del jamón
It shall do so without undue delay and in any event not later than 14 calendar days from the date on which it was informed of the withdrawal decision.
The User acknowledges being aware that he/she shall bear the direct cost of returning (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by , they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
You can download the model withdrawal form at the following link:
RETURN OF DEFECTIVE PRODUCTS OR DELIVERY ERROR
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact the User immediately and inform him/her of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.
GUARANTEES
The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, being liable, therefore, for the lack of conformity of these that becomes apparent within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance usual for a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, it accepts no liability for the following losses, irrespective of their origin:
Any losses that were not attributable to any breach by you;
Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or of
Any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the goods was concluded between them.
It also limits its liability in the following cases:
It takes all measures to provide a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
It will act with the utmost diligence in order to provide the company in charge of transporting the product that is the object of the purchase order. However, it shall not be liable for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, resulting in delays, loss or theft of the product.
Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. The company makes every effort to carry out the process of purchase, payment and shipping/delivery of products, however, is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
It shall not be liable for misuse and/or wear and tear of products that have been used by the User. At the same time, it shall also not be liable for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, it shall not be liable for any failure or delay in the performance of any of the obligations assumed, when such failure or delay is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, force majeure:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the period during which the force majeure continues, and you will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. will use all reasonable means to find a solution that will allow you to fulfil your obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with us will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights.
The User may send notifications and/or communicate with through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, you may contact and/or notify the User by e-mail or at the postal address provided.
11. RESIGNATION
No waiver of any particular legal right or remedy or failure to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of any contract or the Conditions, nor shall it relieve the User from its obligations.
No waiver of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
12. NULLITY
If any of these terms and conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
13. FULL AGREEMENT
These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between the User and in relation to the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise made orally or in writing by the same parties.
The User and acknowledge that they have consented to the conclusion of a contract without having relied on any representations or promises made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or data of a personal nature that the User provides in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through this Website shall be governed by Spanish law.
Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between the User and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may submit complaints, claims or any other comments through the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, official complaint forms are available to consumers and users, which they can request at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between you and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.
