General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

www.aceitesferrer.com

1. GENERAL INFORMATION

The www.aceitesferrer.com website (henceforth, WEBSITE) pertains to: ACEITES HNOS. FERRER, S.C., holding TIN: J22302079, whose contact details are:

Address: Plaza Mayor,4
22144 Bierge
Huesca
Contact Tel. No.: 974318106
Contact email: aceitesferrer@aceitesferrer.com

This document (in common with any document mentioned herein) regulates the conditions that govern the use of this Website (www.aceitesferrer.com) and the purchase or acquisition of products and/or services from the same (henceforth, CONDITIONS).

For the purpose of these Conditions, the activity undertaken by Aceites Ferrer through this Website comprises:

The commercialisation of extra virgin olive oil

In addition to reading the present Conditions, prior to accessing, browsing and/or using this site, the User must read the Legal Disclaimer and the General Terms and Conditions of Use, including the cookie policy, and the Aceites Ferrer privacy and data protection policy. By using this Website or purchasing and/or requesting the acquisition of a product and/or service through the site, the User agrees to be bound by these Conditions, and the aforementioned. If the User is not agreement, they should not use this Website.

Additionally, be aware that these Conditions may be modified. The User is responsible for checking them each time they access, browse and/or use this Website, as those in force at the time will be applicable when the User seeks to purchase products and/or services.

If the User has any questions about the Conditions, they should contact the Website Owner using the contact details provided above or, where applicable, using the contact form.

2. THE USER

Anyone accessing, browsing and using the Website automatically becomes a user (henceforth referred to as a USER or USERS interchangeably). Upon starting to browse the Website, the User accepts all the Terms and Conditions herein established (including later modifications to the same), notwithstanding the application of the mandatory legal provisions for each case.

The User accepts their responsibility to use the Website correctly. This responsibility covers:

Making use of the Website solely for the purpose of legally valid consultations and purchases or acquisitions.
Not making any false/fraudulent purchase. Should it be reasonably evident that such a purchase has been made, it will be cancelled and the relevant authorities informed.
Providing truthful and lawful contact details, e.g. email address, postal address and/or other data (see Legal Disclaimer and General Terms and Conditions of Use).
The User states they are over 18 years old and have the legal capacity to enter into contracts through this Website.

The User may choose to formalise a contract of sale with Aceites Ferrer for the desired products and/or services in any of the languages available on this Website.

3. PURCHASE/ACQUISITION PROCESS

Duly registered Users may make purchases from the Website using the established means and ways. The online purchase/acquisition procedure at www.aceitesferrer.com must be followed, during which various products and/or services may be chosen and added to the shopping trolley, basket or area, before finally clicking on ‘Place order’.

likewise, the User must complete and/or check the information requested at each stage, albeit purchase details may be changed prior to payment being made.

Having effected the payment, the User will receive email confirmation that Aceites Ferrer has received the order or purchase and/or service provision request, i.e. order confirmation. Where applicable, the User will also be informed by email of the shipping of their goods. Additionally, this information may also be made available to the User through their personal Website connection space.

Once the purchase process has been completed, the User agrees for the Website to generate an electronic invoice, which will be sent to the User by email or, where applicable, through their personal Website connection space. Furthermore, the User may obtain a hard copy of the invoice, requested from Aceites Ferrer using the contact sections in the Website or via the contact details provided above.

The User acknowledges at the time of purchase awareness of certain specific sales conditions with regard to the product and/or service under consideration. Said conditions are indicated on the page alongside the presentation or, where applicable, image of this latter on the Website, detailing, though not limited to, and covering in each case the name, price, components, weight, quantity, colour and product details or characteristics, way in which they work and/or the cost of the provisions. The User recognises that making the purchase order or acquisition implies fully and explicitly accepting the specific sales conditions applicable to each case.

The communications, purchase orders and payments involved in the transactions through the Website may be filed and kept in the computerised records held by Aceites Ferrer. This is intended to constitute a record of the transactions and will, at all times, respect reasonable security conditions and the current legislation and standards applicable to this matter. Particular attention will be paid to the LOPD and the rights granted to Users under the privacy policy pertaining to this Website (Legal Disclaimer and General Terms and Conditions of Use).

4. AVAILABILITY

All purchase orders received by Aceites Ferrer through the Website are subject to product availability and/or no circumstance or force majeure (cf. clause 9) affecting the supply of the same and/or provision of the service(s). Should no stock be left or other complications arise in the supplying of the products, Aceites Ferrer undertakes to inform the User of such and refund any quantity that may have been paid for the same. This shall also be applicable to those cases where the provision of a service proves impossible to achieve.

5. PRICES & PAYMENT

The prices shown on the Website are final, in Euros (€) and include all taxes, other than where legal requirement dictates and differences made, particularly concerning VAT.

Shipping costs are included in the final price of the order, as detailed on the Website. Aceites Ferrer performs delivery and/or shipping services through Correos Express and Punto Pack.

At no time will the Website add extra costs to the price of a product or service automatically; only those freely selected and chosen by the User shall be included.

The prices may change at any time, but any possible modifications will not affect the orders or purchases for which the User has already received order confirmation.

The accepted forms of payment are: Bank transfer and credit/debit card payment.

Aceites Ferrer uses all possible means to ensure the confidentiality and security of the payment details given by the User during the transactions through the Website. As such, the Website uses an SSL (Secure Socket Layer) safe payment system.

Credit cards are subject to checks and authorisation from the banking organisation that issued them; if payment is not authorised, Aceites Ferrer bears no liability for any delay or non-delivery and cannot formalise any contracts with the User.

Once Aceites Ferrer receives the purchase order from the User through the Website, the corresponding card will be pre-charged to ensure there are sufficient funds to complete the transaction. The card will be charged when the User is sent the dispatch note and/or confirmation of the service to be provided and, where applicable, the location for the same.

In any case, by clicking on the corresponding payment method, the User is confirming that the payment method used is theirs.

6. DELIVERY

Where physical delivery of the contracted item is necessary, deliveries will be made within the following geographical areas: Spain (Mainland & Balearic Islands).

Except for those cases where there are unforeseen or extraordinary circumstances or matters arising from personalising items, the purchase order comprising products included in each order confirmation will be delivered in the period noted on the Website and using the delivery method selected by the User. In any case, the maximum lead time shall be 30 calendar days, beginning on the date the order is confirmed.

Should Aceites Ferrer fail to meet the given delivery date through a cause attributable to the company, they shall contact the User to explain this circumstance. The User can then choose to have the package delivered on a new date or to cancel the order, with the full amount paid being returned to this party. In any case, deliveries will occur on weekdays.

Should a delivery be impossible because the User is absent, the order may be returned to the warehouse. However, the carrier will leave a note detailing where the order is now and what to do to have it re-delivered.

Should the User know they will not be in the delivery location at the time agreed upon, they should contact Aceites Ferrer to arrange the delivery for another day.

Should 30 days have passed from when the order is available for delivery without being delivered for reasons not attributable to Aceites Ferrer, this company understands that the User wishes to withdraw from the contract, which will be considered terminated. As a consequence of contract termination, all payments received from the User will be refunded, with the exception of any additional expenses arising from the User choosing a more expensive delivery method than that offered on the Website, without delay and, in any case, within a maximum of 14 calendar days from the date upon which the contract is considered terminated.

However, the User must not forget that they may incur an additional transport cost as a consequence of said termination.

For the purposes of the present Terms and Conditions, delivery has happened or the item has been delivered when the User or an appointed third party takes material possession of the products. This will be validated by means of signing for receipt of the order at the agreed-upon delivery address.

Once delivered, any risks related to the products are met by the User. The User acquires ownership of the products once Aceites Ferrer receives full payment for all amounts outstanding with regard to the purchase or acquisition made (this includes shipping costs); or upon delivery, should this occur after Aceites Ferrer receives full payment of the amount owed.

In accordance with the provisions of Law 37/1992, dated 28 December, on Value Added Tax (VAT), orders purchased to be delivered and/or provided are understood to lie within the territory in which Spanish VAT is applied, should the delivery address be within Spain (except the Canary Islands, Ceuta and Melilla). The VAT to be applied is that in force at the time based on the specific article under consideration.

7. TECHNICAL MEASURES TO CORRECT ERRORS

The User’s attention is drawn to what happens should an error be detected when entering the data required for processing their purchase request through this Website: changes may be made to the same by contacting Aceites Ferrer through the contact areas on the Website or, where applicable, through the area for customer service, and/or using the contact data provided in the first clause (General Information). Furthermore, this information may also be amended by the User through their personal Website connection space.

In any case, prior to clicking on “See Basket”, the User can access the area, trolley or basket where the purchase requests are noted and make any changes necessary.

Likewise, the User is welcome to consult the Legal Disclaimer and General Terms and Conditions of Use to collate further information on how to exercise their right to rectify, as established in Organic Law 15/1999, dated 13 December, on Personal Data Protection.

8. RETURNS

A series of rights is granted to the User when they acquire products on or through the Website pertaining to the holder. These are detailed below:

Right to Withdrawal

As a consumer and user, the User makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without any need for justification.

This withdrawal period expires after 14 calendar days from the day upon which the User (or designated third party who is not the carrier) takes material possession of the goods acquired on the Aceites Ferrer Website. In the case of goods comprising an order being delivered separately, it expires after 14 calendar days from the day upon which the User (or designated third party who is not the carrier) takes material possession of the last of the goods which comprise a single purchase order. In the case of a service contract, it expires after 14 calendar days from the day upon which the contract is signed.

The User may exercise this right to withdrawal by notifying Aceites Ferrer of their decision. This may be done through the contact areas on the Website or by email to aceitesferrer@aceitesferrer.com

No matter the means of communication chosen to communicate this decision, the User must clearly and unequivocally state that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template made available to them by Aceites Ferrer, appended to these Terms and Conditions; however, use of the same is not mandatory.

In order to meet the withdrawal deadline, the communication unequivocally expressing the decision to withdraw needs to be sent prior to the corresponding period expiring.

When withdrawal is activated, Aceites Ferrer refunds all payments received to the User, including shipping costs (except any additional expenses arising from the User choosing a different method shipping than the less expensive one offered on the Website), with all due haste and, in any case, no more than 14 calendar days from the date upon which Aceites Ferrer is informed of the User’s decision to withdraw.

Aceites Ferrer will refund the User by the same payment method used by this latter when making the initial purchase. The refund shall generate no additional costs for the User. However, Aceites Ferrer may refrain from issuing a refund until the products or articles purchased have been received, or until the User present proof of these having been returned, whichever happens first.

The User may return or send the products to Aceites Ferrer at:

Plaza Mayor,4
21144 Bierge
Huesca

This should be done with all due haste and, in any case, in no more than 14 calendar days from the date upon which Aceites Ferrer is informed of the decision to withdraw.

The User acknowledges awareness of having to meet the direct cost of returning (transport, delivery) the goods, should there be any. Additionally, the User shall be liable for any decrease in value of the products arising from incorrect handling, based on the nature, characteristics or functionality of the goods.

The User acknowledges awareness of exceptions to the right to withdrawal, as noted in article 103 of Legislative Royal Decree 1/2007, dated 16 November, which enacted the revised text of the General Law on Consumer and User Protection, and other complementary laws. This shall include, but not be limited to the case of customised products, products which may deteriorate or expire quickly, music or video CDs/DVDs without their packaging (as factory-sealed), and products which for hygiene or health reasons come sealed and have had the seal removed following delivery.

Likewise, the provision of any service the User may contract through the Website is governed by the same Law, which establishes that Users may not have recourse to the Right to Withdrawal should provision of the service have been fully completed or, once begun, with express consent from the consumer and user and their acknowledgement that, once the contract has been fully completed by Aceites Ferrer, they shall have no recourse to the right to withdrawal.

In any case, no refund will be given if the product has been used (not merely opened), if it is not in the same condition as when delivered or if damage has occurred following delivery.

Equally, products should be returned using/including the original packaging, instructions and any other accompanying documents, in addition to a copy of the purchase invoice.

Return of defective products or products sent in error

This covers all cases in which the User considers that, at the time of delivery, the product does not meet contract or purchase order stipulations. Consequently, the User needs to contact Aceites Ferrer immediately and inform them of the existing discrepancy (defect/error) by the same means or using the contact details provided in the preceding section (Right to Withdrawal).

Then, the User will be informed on how to return the products. Once these have been returned, the products will be examined and the User informed – within a reasonable time frame – if a refund is forthcoming or the product is to be replaced.

Replacing the product or providing a refund will take place with all due haste and, in any case, within 14 days of Aceites Ferrer sending an email confirming that the non-compliant product will be replaced or a refund given.

The amount paid for those products which are returned due to a real defect shall be repaid in full, including shipping costs and any costs incurred by the User in returning the product. Repayment shall be by the same payment method used in the original payment.

In any case, this shall always be in accordance with the rights recognised in favour of the User before the law, as consumer and user.

Warranties

The User (as consumer and user) has warranties for any products acquired through this Website under the legally established terms for each product type. Thus, Aceites Ferrer shall answer for any non-compliance their products may exhibit within a period of two years from product delivery.

Likewise, products are understood to be compliant with the contract when they match the description given by Aceites Ferrer and have the qualities mentioned in the same, are suitable for the uses for which these products are normally intended, and are of the quality or features of this type of product and what is essentially expected of the same. When the products delivered to the User do not present these qualities, this party should proceed as described in the ‘Return of defective products or products sent in error’ section. However, some of the products sold through the Website may not be identical to their description as a result of the material in which they are made, hence comprising part of the individual appearance of the product and not a defect.

Moreover, it is possible the User could acquire a product from another brand or made by a third party through the Website. In this case, when the User feels the product is defective, this party also has the option of contacting the brand or manufacturer responsible for the product to see how their right to a legal warranty may be exercised before said parties (for the two years subsequent to delivery of said product(s)). The User needs to retain all information received with regard to product warranties in order to pursue this option.

9. EXEMPTION FROM LIABILITY

Aceites Ferrer will accept no liability whatever the cause, except where legally obliged to do so, for the following losses:

any losses not attributable to any non-compliance on the their part; business losses (including lost profits, income, contract, expected savings, data, goodwill or unnecessary expenses incurred); any other indirect loss which either party could reasonably have predicted when the sales contract for the products was signed by the two parties.
Likewise, liability on the part of Aceites Ferrer is limited in the following cases:

Aceites Ferrer applies all relative measures to faithfully show the product on the Website; however, the company is not liable for any minimal differences or inaccuracies that may exist due to screen resolution problems or issues with the browser used, or other similar problems.

Aceites Ferrer will act with all due diligence to make the product in the purchase order available to the carrier company. However, the former accepts no liability for damages arising from difficulties with the means of transport, particularly for reasons such as strikes, traffic jams and, in general, any other issues in the sector that result in delays, losses or theft of the product.

Fortuitous technical faults or similar which impede the normal operations of the Internet-based service. Website unavailable due to maintenance or other reasons, impeding service availability. Aceites Ferrer has made all means available to achieve the product purchase, payment and shipping/delivery process; however, this party bears no liability for: causes not attributable to them, fortuitous events or force majeure.

Aceites Ferrer accepts no liability for the misuse and/or wear of products employed by the User. Equally, Aceites Ferrer accepts no liability for any erroneous returns effected by the User. The User is responsible for returning the correct product.

In general, Aceites Ferrer accepts no liability for any non-compliance or delay in compliance with any of the assumed obligations when this is due to events reasonably beyond this party’s control, i.e. that is the result of force majeure, which may include but is not limited to:

Strikes, lockouts or other industrial action.

Civil strife, uprisings, invasion, terrorist threats or attacks, war (declared or otherwise) or the threat of or preparations for war.

Fire, explosions, storms, floods, earthquakes, subsidence, epidemics or any other natural disaster.

Loss of use of trains, ships, planes, motorised transport or other public or private means of transport.

Loss of use of public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions from any government or public authority.
In this fashion, any obligations will be suspended for the duration of the cause of the force majeure, and Aceites Ferrer shall have an extension of the lead time in order to meet them for a period of time equal to the duration of the cause of the force majeure. Aceites Ferrer will exert all reasonable effort to find a solution that allows this party to meet their obligations despite the cause of the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User is accepting that most communications with Aceites Ferrer will be electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notification, information or other communication sent electronically by Aceites Ferrer meets the legal requirements of written communication. This condition does not affect any legally recognised rights held by the User.

The User may send notifications and/or communicate with Aceites Ferrer using the contact details given in these Terms and Conditions or, where applicable, use the contact areas on this Website.

Likewise, other than where indicated otherwise, Aceites Ferrer may contact or notify the User by email or by post (using the address provided).

11. WAIVER

No waiver by Aceites Ferrer of any right or specific legal measure or non-requirement by Aceites Ferrer for strict compliance by the User with any of their obligations shall mean either a waiver of other rights or measures arising from a contract or the Terms and Conditions of such, or exempt the User from meeting their obligations.

No waiver by Aceites Ferrer of any of the present Terms and Conditions or any rights or measures arising from a contract shall take effect unless expressly established that is is a waiver and is formalised and communicated in writing to the User.

12. INVALIDITY

Should any of the present Terms and Conditions be declared null and void by a strong resolution from a competent authority, the remaining clauses shall remain valid and unaffected by said declaration.

13. COMPREHENSIVE AGREEMENT

The present Terms and Conditions and any document to which explicit reference is made herein comprise the complete agreement between the User and Aceites Ferrer with regard to the purchase contract and replace any other prior pact, agreement or promise agreed upon verbally or in writing by the same parties.

The User and Aceites Ferrer acknowledge they have agreed to enter into a contract where neither party has relied on any representation or promise from the other, excepting those explicitly appearing in the present Terms and Conditions.

14. DATA PROTECTION

The personal information or data provided by the User to Aceites Ferrer in the course of their transaction on the Website will be processed in accordance with the data protection policies (Legal Disclaimer and General Terms and Conditions of Use). By accessing, browsing and/or using this Website, the User agrees to this information and data being processed and states that all the information or data provided are true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Accessing, browsing and/or using this Website and its product purchase contracts is governed by Spanish legislation.

Any dispute, problem or disagreement arising from or with regard to accessing, browsing and/or using the Website, or with the interpretation and implementation of these Terms and Conditions, or with the sales contracts between Aceites Ferrer and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS & CLAIMS

The User may use the contact details provided at the top of these Terms and Conditions (General Information) to contact Aceites Ferrer with any complaints, claims or other comments.

Moreover, Aceites Ferrer has official claims forms available to consumers and users, which may be requested at any time via the contact details given at the top of these Terms and Conditions (General Information).

Furthermore, should a dispute arise as a consequence of Aceites Ferrer and the User entering into a purchase contract, the User (as a consumer) may request an extra-judicial settlement, in accordance with EU Regulation No. 524/2013, from the European Parliament and Council, dated 21 May 2013, on consumer dispute resolution, which modified Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. This method may be accessed through: http://ec.europa.eu/consumers/odr/.

Last updated: 08/05/2018