PURCHASE AND USE CONDITIONS
- OUR DATA
The sale of articles through this website is carried out under the name San Andrés, a Spanish company with registered office at Avda. De la Mancha, s / n 02500 TOBARRA (Albacete – Spain), registered in the Mercantile Registry, with CIF 02020725A.
- YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
San Andrés with registered office at Avda. De la Mancha, s / n 02500 TOBARRA (Albacete – Spain), as responsible for the file, undertakes to respect the confidentiality of your personal information and to guarantee the exercise of your access rights, rectification, cancellation and opposition, by postal mail addressed to the address ( Avda. de la Mancha, s / n 02500 TOBARRA (Albacete – Spain)) to the attention of “LOPD Function” or by sending an email to administracion @ turronsanandres.com. If necessary, we may request a copy of your ID, passport or other valid document that identifies you. In the event that you decide to exercise these rights and that as part of the personal data that you have provided us with the email, we would appreciate it if the aforementioned communication would specifically state that circumstance by indicating the email address with respect to which they are exercised. the rights of access, rectification, cancellation and opposition.
In the event that the interested party deems it necessary, they can contact the Spanish Data Protection Agency (AEPD) with address at Calle Jorge Juan, 6, 28001 Madrid, in order to safeguard their rights.
- USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
- Use this website only to make legally valid inquiries or orders.
- Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
- SERVICE AVAILABILITY
The items offered through this website are only available for shipment to the Spanish mainland.
- HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on “Authorize payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by email that the product is being shipped (the “Shipping Confirmation”).
- PRODUCT AVAILABILITY
All product orders are subject to product availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount that you may have paid.
Notwithstanding the provisions of clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product / s listed in each Shipment Confirmation before the delivery date that appears in the Shipment Confirmation in question or, if no delivery date is specified, within the estimated term indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of delivery. Order confirmation.
However, delays may occur for reasons such as product customization or unforeseen circumstances in the delivery area.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Bear in mind, in any case, that we do not deliver home on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which you or a third party indicated by you acquire material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
- IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to get it sent again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
In the event that after 15 days since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will refund all payments received from you (with the exception of shipping costs) in any case, within a maximum period of 14 days from the date we consider the contract to be terminated. Please bear in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.
- TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this took place at a later time.
- PRICE AND PAYMENT
The price of the products will be the one stipulated at all times on our website, except in the case of a manifest error. Although we try to ensure that all prices on the page are correct, errors can occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and the amounts paid will be fully refunded.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipment Confirmation) if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as an incorrect price.
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as explained in our Buying – Shipping Guide.
Prices may change at any time, but (except as stated above) possible changes will not affect orders with respect to which we have already sent you an Order Confirmation.
Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step. Also, during the purchase process, before making the payment, you can modify the details of your order. A detailed description of the purchase process is available in the Buying Guide. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section.
By clicking on “Authorize Payment” you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
- PURCHASE AS A GUEST
This website also allows the purchase through the purchase functionality as a guest. In this type of purchase, you will only be asked for the essential data to be able to process your order. Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.
- TAX ON VALUE ADDED AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the territory of application of VAT Spanish if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla.
For orders destined for the Canary Islands, Ceuta and Melilla, purchases are not enabled at the moment.
You expressly authorize us to issue the invoice electronically, although you can indicate at any time your desire to receive a paper invoice, in which case, we will issue and send the invoice in that format.
- RETURN POLICY
14.1 Legal right to withdraw from the purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 15 calendar days without the need for justification.
The withdrawal period will expire 15 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, you must notify San Andrés, at the address, Avda. De la Mancha, s / n 02500 TOBARRA (Albacete – Spain), at 967 32 52 84, by writing to us by email online @ focusin. it is.
To meet the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal
In the event of withdrawal on your part, we will refund the full amount of the order with the exception of shipping costs (shipping costs will be returned when the order has not left the warehouse or the reason for the return is a defect of manufacture / processing of the product) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.
You will only be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
14.2 Contractual right of withdrawal
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 15.1 above, we grant you a period of 15 days from the Shipping Confirmation to make product returns (except those mentioned in clause 15.3 below, with respect to which the right of withdrawal is excluded). The return of the gift card is governed by the Conditions of Use of the Gift Card.
You may exercise your right of withdrawal in accordance with the provisions of clause 15.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within 15 days. from the Shipping Confirmation.
14.3 Common provisions
You will not have the right to withdraw from the contract whose object is the supply of any of the following products:
- Personalized items.
- Without its original packaging.
iii. Goods sealed for hygiene reasons that have been unsealed after delivery.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product / s while they are in your possession. Please return the item using or including all its original packaging, instructions and other accompanying documents, if any. In any case, you must deliver together with the product to return the ticket that you will have received at the time of delivery of the product duly completed.If
you do not wish to return the products through any of the free options available, you will be responsible for return costs. Please bear in mind that if you decide to return the items to us, postage due, we will be authorized to charge you for the expenses we may incur.
After examining the article, we will inform you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within a period of 14 days from the date you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same payment method that you used to pay for the purchase, except when a gift receipt is presented for the return. In the latter case, the refund will be made by means of a card or a San Andrés credit ticket.
You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact form or by calling 965 610 696.
14.5 Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact form providing the data of the product as well as the damage it suffers, or by calling the number 965 610 696 where we will tell you how to proceed.
We will proceed to carefully examine the returned product and we will inform you by e-mail within a reasonable period of time if the refund or replacement of the same (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned due to any defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase, except when a gift receipt is presented for the return. In the latter case, the reimbursement will be made by means of a San Andrés credit card or ticket issued by CORMODE, SL.
The rights recognized by current legislation remain safe in any case.
- LIABILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
- In the event of death or personal injury caused by our negligence;
- In case of fraud or fraud.
To the extent legally permitted, we will not accept any liability for the following losses, regardless of their source:
- loss of income or sales:
- loss of business;
iii. Loss of profits or loss of contracts;
- iv. loss of anticipated savings;
- v. data loss; and
- I saw. loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through of this website unless expressly stated otherwise in it.
All descriptions of products, information and materials that appear on this website are provided “as a true body” and without express or implicit guarantees on them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver articles that are in accordance with the contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily destined of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected.
The products we sell, especially handicrafts, can often have the characteristics of the natural materials used to make them. These characteristics, such as variations in grain, texture, knots and color, will not be considered as defects or defects. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
- INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademark and other industrial and intellectual property rights on the materials or contents that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the way that we or those who have granted us a license to use it expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
- VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to have unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
- LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
- WRITTEN COMMUNICATIONS
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 20 above and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same moment in which they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered by post or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees and successors in title.
You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.
- EVENTS OUTSIDE OF OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, the cause of which is due to events that are beyond our reasonable control (“Force Majeure Cause”).
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
- Strikes, lockouts or other protest measures.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- iv. Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private
- v. Impossibility of using public or private telecommunication systems
- vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority
It will be understood that the obligations will be suspended during the period in which the Force Majeure Cause continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us in By virtue of said contract or the Conditions, it will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions. in the Notifications section above.
- PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
- COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to their purpose and replace any other prior pact, agreement or promise agreed between you and us. verbally or in writing.
You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned. in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
- 27. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
Usted estará sujeto a las políticas y Condiciones vigentes en el momento en que use la presente página web o efectúe cada pedido, salvo que por ley o decisión de organismos gubernamentales debamos hacer cambios con carácter retroactivo en dichas políticas, Condiciones o Declaración de Privacidad, en cuyo caso, los posibles cambios afectarán también a los pedidos que usted hubiera hecho previamente.
- 28. LEGISLACIÓN APLICABLE Y JURISDICCIÓN
El uso de nuestra página web y los contratos de compra de productos a través dicha página web se regirán por la legislación española.
Cualquier controversia que surja o guarde relación con el uso de la página web o con dichos contratos será sometida a la jurisdicción no exclusiva de los juzgados y tribunales españoles.
Si usted está contratando como consumidor, nada en la presente cláusula afectará a los derechos que como tal le reconoce la legislación vigente.
- 29. COMENTARIOS Y SUGERENCIAS
Sus comentarios y sugerencias serán bien recibidos. Le rogamos que nos envíe tales comentarios y sugerencias a través de nuestro formulario de contacto.
Además, tenemos hojas oficiales de reclamación a disposición de los consumidores y usuarios. Puede solicitarlas llamando al teléfono 965 610 696 oa través de nuestro formulario de contacto.
DERECHO DE DESISTIMIENTO
Plataforma de resolución de conflictos
De acuerdo con el Reglamento 524/2013 del Parlamento Europeo y del Consejo, de 21 de mayo de 2013, desde el pasado 15 de febrero de 2016 está operativa una plataforma de resolución de conflictos en materia de compras online.
El objetivo de esta plataforma es facilitar un sitio web interactivo y ofrecer un punto de atención único a aquellos consumidores y comerciantes que quieran resolver, de manera extrajudicial, controversias derivadas de las transacciones en línea en e-commerce.
Os facilitamos el enlace a la plataforma:
Esta plataforma europea te permite resolver conflictos derivados de tus compras online, de manera extrajudicial, sencilla, fiable y eficiente. Rellenando un formulario electrónico, los consumidores que residan en la Unión Europea pueden interponer una reclamación.
Modelo from formulario de desistimiento
(Sólo debe cumplimentar y enviar el presente formulario si desea desistir del contrato) Se podrá enviar mediante correo postal o correo electrónico (Avda. de la Mancha, s/n 02500 TOBARRA (Albacete – Spain) o firstname.lastname@example.org)
A la atención de Frutas y Turrones, SA actuando bajo el nombre comercial San Andrés.
Por la presente le comunico que desisto de mi contrato de venta del siguiente bien:
Recibido el (*)
Nombre del consumidor(*): Dirección del consumidor:
Firma del consumidor (solo si el presente formulario se presenta en papel) Fecha
(*) Táchese lo que no proceda