This agreement regulates the general conditions of purchase of the various products and services offered on this website by HERETAT GUILERA SL (hereinafter CAVA GUILERA) with NIF nº B63200240 and address at MASIA CA L'ARTIGAS S/N de (08739) LAVERN (BARCELONA).
The CLIENT acknowledges having sufficient legal capacity to be contractually bound.
This contract is permanently accessible in the legal notices on our website, and can be downloaded in PDF format at the time of contracting.
IMPORTANT: By pressing the "Buy" button, you expressly consent that the service object of this contract begins its provision within the legal withdrawal period (14 days) therefore, in accordance with article 103.d and 108.3 of Royal Legislative Decree 1 /2007, of November 16, of the Defense of Consumers and Users, when the service has been fully provided, you will lose your right to withdrawal and, when the service has been partially provided, in case of withdrawal, you must pay the proportional part.
1. PRICES AND TAXES
In consideration for the purchased product, the CUSTOMER agrees to expressly pay CAVA GUILERA the amounts specified at the time of purchase in the price list established on the website wwww.cavaguilera.com for the chosen products.
The products offered on this website are subject to Value Added Tax (VAT) which is detailed separately for each product.
Transport costs in the Iberian Peninsula (with the exception of the Balearic and Canary Islands) are included in the price of the products. CAVA GUILERA offers free shipping to the peninsula with the aforementioned exception.
Transport costs for the rest of the countries of the European Union, the USA, Chong Kong and Japan will be added at the end of the purchase process. In these cases, the client can choose between: (1) Pick up the order at the CAVA GUILERA warehouse or (2) Request that the product be delivered to the address indicated in the form enabled during the purchase process. In this case, the delivery is also considered made from the moment in which the Product has been made available to the client in the CAVA GUILERA warehouse, for which reason it is the client who is contracting the transport company and being CAVA GUILERA only facilitates the service of said third party carrier.
Once the selection of products is finished and prior to order confirmation and before proceeding to pay for it, the final purchase price will appear on the screen, which will include VAT (Value Added Tax), management expenses , packaging and shipping, if applicable, which will be reflected in the purchase order at the time of purchase and on the invoice.
Everything that is not specified in the description as included is not included.
2. PURCHASE PROCEDURE
Through this website, orders can only be made by individuals over 18 years of age and companies by reason of the type of product.
On the website all our products are detailed individually. The procedure to make and manage the purchase is indicated on the website and only the following steps must be followed:
a. Choose the product you want to purchase.
b. By selecting a product, it can be added to the Shopping Cart and you can choose to continue shopping or process the order.
c. To process the order you must fill in a form with your personal data to formalize the purchase procedure.
d. Next, the order will be verified where the selected items are detailed one by one and the total price is calculated.
and. Likewise, it will be necessary to indicate the billing and delivery addresses of the purchase made. It will be possible to indicate a single address for billing and delivery.
F. Once the process has been processed, it will be necessary to previously mark a checkbox for reading and accepting the terms and conditions of sale.
g. The web page will provide you with the mechanisms so that payment can be made depending on the system chosen in each case.
h. Once the payment data has been entered, you must confirm the order by clicking the "Buy" button.
Yo. Once the "Buy" button is pressed, the product will be delivered and/or the contracted service confirmed.
The CLIENT is informed that the photographs and descriptions of the products on the website are an approximate image of the products and services offered, so it is possible that they may differ from the original. The descriptions and illustrations of the products offered through this website are made merely for informational purposes.
3. AVAILABILITY AND DELIVERY
The products offered by CAVA GUILERA are available for distribution throughout the European Union, USA, Hong Kong and Japan.
Orders will be processed once payment has been successfully received.
The products offered by CAVA GUILERA will always be subject to availability, which will be specifically indicated on our website for each product, so that, in the event that any item offered is not available, the customer will be duly informed of the lack of availability for purchase. Under normal conditions, all the products that appear on our website are available for delivery within the indicated periods.
In cases in which, once the order has been placed, the product contracted by the CUSTOMER is out of stock, they will be duly informed of this and they will be offered an alternative product with similar characteristics of the same price and quality as the one purchased. If, even so, the CLIENT is not interested in accepting the proposed alternative, CAVA GUILERA will proceed to refund the amount already paid and will inform him of the refund procedures and deadlines.
As a general rule, the maximum home delivery time for shipments in the Iberian Peninsula will be 48 hours from the moment of purchase and from the moment we have confirmed your payment. For any other destination, the maximum period will range between one and four weeks. These delivery times are approximate and are in no way binding on CAVA GUILERA.
Deliveries and collections will be made on working days (Monday to Friday). It is recommended that the CUSTOMER communicate their time preferences for delivery by filling in the order data in the section for Comments.
The delivery of the product purchased at home will be made by the carrier together with a delivery note at the address indicated in the order form that the customer must sign as a receipt document. Likewise, the CLIENT will be duly informed in the event that an incident occurs or the delivery is delayed for any reason.
If delivery to the indicated address is not possible due to the absence of the recipient, the carrier will contact the CLIENT directly, and the steps to follow will be indicated in detail. In the event that the impossibility of delivery is caused by having entered an erroneous address, the cost of re-delivery of the order will be borne by the CUSTOMER. CAVA GUILERA is not responsible for delays in the delivery of purchased parts due to causes attributable to the carrier.
In the event that the impossibility of delivery is caused by having entered an erroneous address, the cost of re-delivery of the order will be borne by the CUSTOMER. CAVA GUILERA is not responsible for delays in the delivery of purchased parts due to causes attributable to the carrier.
In order for you to be informed at all times of the management of your purchase, you will receive an email confirming your order and payment.
Likewise, the CUSTOMER can check the status of his order by sending an email to firstname.lastname@example.org or through www.cavaguilera.com.
4. PAYMENT AND PAYMENT PERIODS
The following forms of payment are accepted:
– Credit Card: The transaction is made by connecting directly with the Banco Santander bank through its payment gateway.
– Paypal: Connecting directly with Paypal.
– Direct debit: providing us with your current account number according to the instructions on the website and accepting the direct debit of the receipt. This option is only available for Spanish companies.
Once the payment is made, you will receive a confirmation email.
CAVA GUILERA is not aware of the data referring to your credit card and will only keep the CLIENT's bank details for the purpose of making the direct debit of the payment. All our payment systems are completely secure.
Payments are prior to the delivery of the product or provision of the service, so CAVA GUILERA will not provide the requested product until payment has been received. CAVA GUILERA reserves the right to temporarily or permanently cancel the services provided, in the event of any incident regarding their collection.
When making the corresponding payment, you will receive the Invoice of your purchase in PDF format in the email that you have indicated for this purpose at the time of processing the order.
In case you want to obtain an invoice in the name of your company, the CUSTOMER must enter the tax data in the purchase process so that it is automatically sent to the email address.
The CLIENT is responsible for confirming the receipt of the notifications and for informing us of any changes to their data, leaving CAVA GUILERA exonerated from any liability derived from this circumstance.
At CAVA GUILERA we strive to provide services of the highest quality, although given their nature we cannot offer a guarantee of satisfaction. In the event that, for any reason, you do not receive the product or service correctly, you must notify us as soon as possible, indicating the incident, which we will try to correct as soon as possible if the error is verified.
The composition of the products is that indicated in the description of its technical data sheet. CAVA GUILERA is not responsible for the possible effects caused by allergic reactions to their components.
The following conditions of return of our products do not apply in the case of exercising the right of withdrawal.
Given the nature of the object of this contract, it is not possible to make refunds in the case of a service (accommodation in a rural house).
Returns or exchanges of products will only be accepted in case of factory defect, transport damage or delivery errors. In any case, no more than 14 days must have elapsed since the receipt of the product and the packaging and accessories must be included. It will be verified prior to acceptance that it is a manufacturing or packaging defect or anomaly and not improper or negligent use, handling or storage. They will always be accompanied by the corresponding delivery note or invoice.
Both in the case of return due to a manufacturing or packaging defect or in the case of an error in the order, the CUSTOMER will be offered, if possible, the repair of the part or its replacement by another alternative without additional cost and without right, on the part of of the CLIENT, to any type of compensation. The expenses generated by sending the repaired or correct order will be borne by CAVA GUILERA.
In any case, the return will always be subject to prior examination by CAVA GUILERA of the condition of the product to be returned and verification that the requirements of these conditions of sale have been met. Once the return is received and if applicable, we will refund the amount collected within a maximum period of 30 days and in the same terms that were used to make the payment.
CAVA GUILERA reserves the right to reject returns communicated or sent after the established period or products that are not in the same conditions in which they were received.
Returns will be managed by sending an email to email@example.com describing the reasons and the alleged causes for the return. Likewise, it will be necessary to indicate the name and surname and the reference number of the order. Once the request is received, we will process it promptly.
8. RIGHT OF WITHDRAWAL
Given the nature of the product (perishable product) and its conservation conditions and in accordance with article 103 points d and e of Royal Legislative Decree 1/2007, of November 16, for the Defense of Consumers and Users, the right of withdrawal is not applicable to this contract.
The right of withdrawal will only be applicable when it comes to the provision of services. You have the right to withdraw from this contract within a period of 14 calendar days without justification, except for contracts that refer to:
a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior 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 the employer, you will have lost your right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that after their delivery and taking into account their nature have been mixed inseparably with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the employer cannot control.
h) Contracts in which the consumer and user have specifically requested the employer to visit them to carry out urgent repair or maintenance operations; If, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts used necessarily to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods .
i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts entered into through public auctions.
l) The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.
The withdrawal period will expire 14 calendar days from the day the contract is signed.
To exercise the right of withdrawal, you must notify HERETAT GUILERA, SL, MASIA CA L'ARTIGAS S/N, 08739 Barcelona, email: firstname.lastname@example.org, of your decision to withdraw from the contract through an unequivocal statement ( for example, a letter sent by post, fax or email). You may use the withdrawal form model below, although its use is not mandatory.
Withdrawal form model
For the attention of
HERETAT GUILERA, SL
MASIA CA L'ARTIGAS S/N
I hereby notify you that I withdraw from my contract of sale of the following property:
To comply with 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 all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without 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.
The CUSTOMER will bear the direct costs of returning the goods, so the cost of collection will be deducted from the refund, except in the case in which the reason is defective quality, shipping error on our part or size change.
We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund.
If the service object of this contract had started during the withdrawal period, in accordance with article 108.3 of Law 1/2007, we may withhold the proportional part corresponding to the service provided and, in the event that the service has been fully provided , in accordance with article 103.a of the aforementioned law, the right of withdrawal will not be applicable. We may withhold the refund until we have received the goods, or until the CLIENT has presented proof of their return, depending on which condition is met first.
With regard to perishable physical products, given the nature of these products (perishable) and their conservation conditions and in accordance with article 103 points d and e of Royal Legislative Decree 1/2007, of November 16, on the Defense of Consumers and Users, the right of withdrawal is not applicable to this contract.
9. PERFECTION OF THE CONTRACT AND MODIFICATIONS OF THE SERVICES
This contract will be perfected with the payment of the product and the sending to the CUSTOMER of a confirmation email with a description of the purchase made.
CAVA GUILERA reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and providing a benefit to the CLIENT.
10. OBLIGATIONS OF THE PARTIES
CAVA GUILERA undertakes to provide the CLIENT with the products and services that have been contracted, applying the utmost diligence in the provision of the service, as well as taking care of the maintenance of the facilities necessary for the operation of the network, having a technical team for this purpose. and appropriate IT, and to manage the logistics, shipping and delivery operations of the purchase made through the carrier.
The CLIENT undertakes to use the services that are made available to them in good faith, without violating the laws in force in any matter or infringing the rights of third parties, as well as to pay for the selected product in the time and manner established in these conditions. of sale and its reception at the place indicated for delivery.
CAVA GUILERA does not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, due to circumstances caused by problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. Thus, the CLIENT agrees to bear these circumstances within reasonable limits, for which reason he expressly waives any claim to CAVA GUILERA for any contractual or extra-contractual liability for possible failures, errors and use of the contracted service.
All notifications between the parties will preferably be made via email. The CLIENT is responsible for confirming the receipt of the notifications and for notifying CAVA GUILERA of any changes to their data, leaving CAVA GUILERA exonerated from any liability arising from this circumstance. In case of modification, the CLIENT must inform CAVA GUILERA at the e-mail or telephone numbers indicated on our website.
In compliance with article 21 of Law 34/2002 on Services of the Information Society and Electronic Commerce, we inform you that our commercial shipments and information related to our website and the products offered on it, will be made by email to the e-mail address that you provide us, always revocable. In any case, you have the option to reject our commercial communications by sending an email to the address email@example.com indicating the word BAJA in the subject line.
12. COMMITMENT, ACCEPTANCE AND VALIDITY OF THE CONTRACT
The CLIENT acknowledges that he has understood all the information regarding the products and services, including, where appropriate, delivery, offered on our website, as well as all the conditions and stipulations contained in this electronic contract, for which he affirms which are sufficient for the exclusion of the error in the consent of this contract, and therefore, he fully and expressly accepts them.
The CLIENT is fully aware that the acceptance and execution of this contract will take place by providing their data and pressing the "Buy" button indicated on our website and that it will be perfected with the payment of the service.
13. APPLICABLE REGULATIONS
This contract is commercial in nature, and will be governed and interpreted in accordance with Spanish law.
In the event that any type of discrepancy or difference occurs between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties will submit to the courts or tribunals that are competent in each case. , as long as the user is a consumer.
In cases where it is expected that the parties may submit to a jurisdiction, they will submit to the Courts and Tribunals of the city of Barcelona (Spain), expressly waiving any other that may correspond to them.
14. PERSONAL DATA
Attention: These General Purchase Conditions have been updated on 7/20/2018. At any time we can proceed to modify it, as well as vary the list of prices and products offered. Please, check the issue date each time you connect to our Web page and thus you will be sure that there has not been any change that affects you.