Terms and Conditions
This document, together with the documents referred to herein, sets out the terms and conditions (“Terms of Purchase”) governing the purchase of the products (“Products”), which are listed on our website www.almazaradebornos.com (the “Website”).
Please read these Terms of Purchase carefully before placing any Order (as defined below). By placing an Order on the Website, you agree to be bound by the Terms of Purchase and, if you do not agree to them in full, you should not use this Website.
These Terms of Purchase may be modified. It is your responsibility to read them periodically and, in any case, prior to placing any Order, given that the conditions in force at the time of the Contract (as defined below) will be those applicable to you.
The Purchase Conditions will be permanently available on the Web, so you can download them whenever you wish.
2.- ABOUT US AND THESE PURCHASE CONDITIONS
2.1.- ALMAZARA DE BORNOS S.L. (hereinafter, “Supplier”), which operates this Web site under the name Almazara de Bornos, is a Spanish trading company with registered offices in Jaén, registered in the Jaén Trade Registry in Volume 174, Folio 119, Page J-5399, Entry 8, and with Tax Identification Code B-23.027.923.
2.2.- In these Purchase Conditions, the terms indicated below shall have the following meaning:
Acknowledgement of Receipt: refers to the acknowledgement of receipt of the Order placed, sent by e-mail.
Clauses: are the clauses contained in these Conditions of Purchase.
Customer: refers to the person placing the Order.
Order Confirmation: refers to our e-mail, in which we accept your Order and confirm that the Product being ordered is in the process of being shipped.
Contract: refers to the Order for a Product once it has been expressly accepted by the Supplier by means of an Order Confirmation, in accordance with these Purchase Conditions.
Account: refers to the account that the user must create on the Web in order to place any Order.
Order: refers to the order placed on our website in order to purchase our Products.
Also, for the correct interpretation of these Conditions of Purchase, we indicate that, the titles of the clauses serve only as a reference and will not affect the interpretation of these Conditions of Purchase.
Words expressed in the singular shall include the plural and vice versa. Words expressed in a particular gender shall include all genders and references to persons shall include natural persons, companies, firms, corporations or associates.
The words “includes” or “including” and expressions or similar words shall mean “without limitation”.
3.- USE OF OUR WEBSITE
3.1.- By using this website and/or placing Orders through this website, you agree to:
a) To use this website only to make legally valid enquiries or orders.
b) Not to make any false or fraudulent Orders. If it could reasonably be considered that such an order has been placed, we will be authorized to cancel it and inform the competent authorities.
c) Provide us with your e-mail address, postal address and/or other contact details in a truthful and accurate manner.
3.2.- By placing an order through this website, you declare that you are at least 18 years old and legally capable of entering into a contract. If you do not meet these conditions, you must not use this website.
3.3.- The placing of an Order through this website implies the unreserved acceptance of these Conditions of Purchase. You are responsible for reviewing the current version of the Conditions of Purchase before placing your Order.
3.4.- We reserve the right to deny and/or withdraw access to this Web site, at any time and without prior notice, to those users who do not comply with these Terms of Purchase.
3.5.- You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging program or material into it. You shall not attempt to gain unauthorised access to this website, the server on which this website is hosted or 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 may result in violations under applicable law. We will report any breach of such regulations to the appropriate authorities and will work with them to discover the identity of the attacker. Also, in case of breach of this Clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial of service attack, viruses or any other technologically harmful or damaging programs or materials that may affect your computer, computer equipment, data or materials as a result of using this Website or downloading content from it or to which it redirects.
4.- SERVICE AND PRODUCT AVAILABILITY
4.1.- The Products offered through this Web are available for shipment to Spanish territory, including the Canary Islands, Balearic Islands, Ceuta and Melilla. In addition, we can make international shipments (from now on, the “Territory”).
4.2.- All Product Orders are subject to availability. If the Product is not available, for whatever reason, and the Order Acknowledgement has already been issued, we will contact you as soon as possible to inform you of this circumstance and cancel the Order or, if applicable, to offer you, without any price increase, a Product with similar characteristics and of equal or superior quality. Approval of the replacement Product implies acceptance of any delay in delivery (subject to receipt of such Products or their exhaustion).
4.3.- In the event of cancellation of the Order or exhaustion of the Products, we will reimburse you as soon as possible the amount paid by the same method of payment with which we received it.
4.4.- We reserve the right to withdraw any Product from this website at any time, as well as to modify and update our catalogue of Products.
5.- CONCLUSION OF THE CONTRACT
5.1.- The information contained in this Web does not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any Product until your Order has been expressly accepted by us. In the event that the Order has not been accepted, but the total or partial amount of the Order has been received, you will be refunded the full amount.
5.2.- To place an Order you must follow the purchase procedure described in Clause six and click on the “Order with payment obligation” button. You will then receive an Acknowledgement of Receipt by email, which does not mean that your Order has been accepted, as it constitutes an offer that you make to us to purchase one or more Products.
5.3.- You will be informed of our acceptance of your Order by an e-mail in which we confirm that the Product is in the process of being shipped (the “Order Confirmation”). The contract for the purchase of a Product between you and us (the “Contract”), will only be formalised when we send you the Order Confirmation.
5.4. Only those Products listed in the Order Confirmation will be subject to the Contract. We shall not be obliged to supply any Products to you that may have been the subject of an Order Confirmation until we confirm the dispatch of such Products to you by means of an Order Confirmation.
5.5.- Contracts concluded in the manner described will be stored on our website. You will be able to access the Contracts you have entered into with us through the “My Account” section.
5.6.- The Contracts, as well as each step of the purchase procedure, can only be formalized in Spanish.
6.- PURCHASE PROCEDURE
To buy any of our Products in this Web you must follow the following steps:
a) Registration of your data
b) Choice of Products
Access the Products section and click on the image of your choice to view them and learn about their main features. Add the Products of your choice to the shopping cart and repeat the process as many times as you wish. Once you have finished your selection you can click on the “Checkout” button to continue the shopping process.
c) Shipping details
In this space you must fill in the available fields to detail the desired place of delivery, being able to choose between delivery to your home within the Territory or, if it is a gift, delivery to the home within the Territory of the person to whom you make the gift, as indicated in Clause 7.9.
d) Choice of payment method
In the next step you must choose the payment formula that best suits you from those available on the Web, as detailed in Clause Nine. Depending on the formula chosen, you will be asked to fill in the necessary fields. Likewise, you will have the option of requesting an invoice, in which case you will access the necessary fields to fill in the fiscal data. If you request an invoice, you will have to choose between receiving it on paper or in electronic format. If, after having chosen either of the two formats, you wish to revoke your decision, you must inform us by e-mail to the following address: email@example.com.
e) Order Formalization
At this point in the process, the next step will be to formalize the order and make payment. To do this, you must:
Click on the “Cart” button.
Check all the details of your purchase: Products, quantities, place of delivery, total amount, etc. Please check that all the details are correct and, if you detect any errors, use the “Change details” button.
Once you have checked that all the data are correct, press the “Checkout” button.
Enter the data required to make the payment (card details or payment by bank transfer).
Click on the “Order with payment obligation” button to complete the purchase process. After receiving your purchase offer, you will receive an Acknowledgement of Receipt by e-mail (if you do not receive the Acknowledgement of Receipt within 24 hours after sending the Order with Payment Obligation, please contact us at the e-mail address firstname.lastname@example.org). We will proceed to review your offer to purchase and verify that it meets all the requirements for processing. If so, you will then receive an email confirming that your Order has been accepted and is in the process of being shipped (“Order Confirmation”). In the case of payment by transfer, our Order Confirmation will be sent once we have confirmed that the full amount of the purchase has been received.
In case that once an Order has been placed you find that it contains an error, please inform us immediately at our e-mail address email@example.com. We cannot guarantee that the Order will be modified according to your instructions.
7.1.- We will deliver the Products to the delivery address that appears in your Order and that is in the Territory. In order to optimize the delivery process, the address indicated by the Customer must be an address where delivery can be made during normal working hours. We will not be responsible for any errors or damages resulting from the delivery, when the delivery address entered by the Customer does not correspond to the desired place of delivery.
7.2.- We will endeavour to deliver the Order within 72 working hours from the date of the Order Confirmation and, at the latest, within 30 calendar days from said Order Confirmation. If for any reason we are unable to comply with the maximum delivery time, we will inform you of this circumstance and give you the option of continuing with the purchase, establishing a new delivery date, or of cancelling the Order, with full refund of the price paid.
7.3.- For the purposes of these Purchase Conditions, it will be understood that “delivery” has taken place or that the Order has been delivered at the moment of signing the receipt of the same at the agreed delivery address or, in the event of unavailability of the recipient at the agreed delivery place, on the date of attempted delivery consigned by the courier service in charge of the delivery.
7.4.- At the moment of delivery of the Order, the addressee must show his identification document to the carrier, sign the delivery note and request a copy of it from the carrier. Said delivery note must be kept for the purpose of making any claim and/or exercising the right of withdrawal.
7.5.- In the case of delivery of an Order that presents visible defects in the external packaging, the delivery note must not be signed as “compliant”, but rather a complaint must be made immediately to the transport company by including a written reservation in the delivery note.
7.6.- We ship in our standard packages. Special packaging is subject to a surcharge.
7.7.- Please make sure that you do not damage the contents of the package when you open it, especially if you use sharp instruments.
7.8.- In case you are not available to receive your order, the transport company will leave you a notice with the instructions to follow for its collection. In any case, you will have the period established by the transport company to collect your Order, days that will be counted from the date you are informed through the mentioned notice that your Order is available. If after this period of time you have not picked up your order, we will understand that you wish to cancel the contract and we will consider it resolved. As a result of the termination of the Contract, we will refund to you the difference between the price paid for the Goods which are the subject of the Order and the reasonable expenses incurred for the failed delivery, storage costs and return of the Order. The refund of such difference shall be made as soon as possible and in any event no later than 30 calendar days from the date on which we shall consider the Contract terminated in accordance with this Clause.
7.9.- At the time of formalising the Order, you can indicate whether it is a gift and add a personal text. In these cases, the Order will be delivered to the address of the recipient that you indicate, while the invoice will be sent to the Client who places the Order.
7.10.- No deliveries of Products are made on Saturdays, Sundays or national, regional and local holidays.
8.- TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
8.1.- The risks of the Products will be borne by the Customer from the time of their delivery or, if this is not possible for reasons attributable to the Customer, from the time they are made available at the agreed place of delivery.
8.2. You will acquire ownership of the Products when we receive full payment of all amounts due in respect of the Products, including shipping costs, or at the time of delivery if delivery takes place at a later date.
9.- PRICE AND PAYMENT
9.1.- The price of each Product will be the one indicated at each moment on our website, except in the case of a manifest error. Although we try to ensure that all prices shown on the Web are correct, errors may occur. If we discover an error in the price of any of the Products 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 cancelling it. If we are unable to contact you, the Order will be considered cancelled and you will be fully refunded any monies paid.
We shall not be obliged to supply any Products to you at the incorrect lower price (even if we have sent you an Order Confirmation) if the error in price is obvious and unmistakable and could reasonably be recognised by you as an incorrect price.
9.2.- The prices of the Products shown on this website include VAT, but exclude delivery charges, which will be added to the total amount in the payment process. However, for purchases exceeding 100 euros, shipping costs for the Spanish mainland are free.
9.3.- The Supplier reserves the right to modify its prices, as well as the amount of shipping costs, at any time. Possible changes in prices and/or delivery charges will not affect Orders for which we have sent you an Acknowledgement of Receipt.
9.4.- The Customer must pay by Visa, Mastercard or Maestro credit or debit card. The card used to make the payment must be issued by a Spanish bank or savings bank or a branch or subsidiary of a foreign financial institution established in Spain.
Likewise, payment by transfer is only accepted for our customers in Spanish territory. The account number from which the payment is made must be a current account at a bank in the country where the order is invoiced. All the expenses derived from making the payment by transfer will be charged to the Customer. For payments by transfer, Customers will be provided with the account number to which they must make the deposit. As a reference, the Customer must indicate his order number and his full name. The Client will have a period of 3 working days from the date of the order to make the payment. The order will not be considered accepted until it is confirmed that the deposit has been received, at which time the shipping process will begin. If we have not received the corresponding amount after this time, the order will be cancelled.
9.5.- To enter the details of a card, you must be entitled to use it and the card must have sufficient funds to cover the possible payment. You are responsible for ensuring that all details provided for the purpose of purchasing Products are correct.
9.6.- In order to guarantee the confidentiality and security of the data introduced in the Web to carry out the payment, we use the protocol SSL (Secure Socket Layer), to guarantee a safe connection between the Client and our server. In this way, the use of the SSL protocol is guaranteed:
a) That the Client is communicating his data to the Provider’s server and not to any other.
b) That between the Client and our server the data is transmitted in an encrypted way, avoiding its possible reading or manipulation by third parties.
10.- RETURN AND EXCHANGE POLICY
In accordance with the regulations in force, if you are contracting as a consumer, you may withdraw from the Contract, without having to indicate the reason, within 14 calendar days from the date of delivery of the Product in which you acquired material possession of it.
The steps to be followed are as follows:
(1) Notification of withdrawal
To exercise the right of withdrawal, you must notify us of your decision o withdraw from the Contract by means of an unambiguous statement (e.g. a letter sent by post, fax or e-mail). To do so, you may use the model withdrawal form on our website [E2] , although its use is not mandatory. You also have the option of completing and sending the model withdrawal form or any other unambiguous statement electronically to the e-mail address below. If you use this option, we will notify you promptly by e-mail that we have received your withdrawal.
In any event, in your notice of withdrawal you must identify the Order and Contract in respect of which you are exercising the right of withdrawal.
In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the corresponding period.
To inform us of your decision to withdraw, please use the following contact details:
Almazara de Bornos, S.L.
Plaza de la Constitución, 1
C.P. 23120 Cambil – Jaén (Spain)
(2) Return of the Product
After notifying us of your decision to withdraw, you must return the Product referred to in the withdrawal to us at the above-mentioned postal address without undue delay and in any event no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the Contract. The deadline will be deemed to have been met if you return the Products before the end of this period.
The return must be made by courier service, and a copy of the notice of withdrawal and the delivery note for the Products must be included in the return package.
For the return to be accepted, the Products to be returned cannot be used and must be returned in the same condition as they were delivered, retaining their original packaging and labelling. The return must be made using the same box or packaging used in the delivery or, failing that, in a similar format that guarantees the return of the Products in perfect condition.
No refund will be made if the Products have been used beyond the mere opening of the same or if they have suffered any damage or defect, so you must be careful with the Products while they are in your possession.
Consequences of withdrawal:
In the event of your withdrawal, we will refund all payments received from you, including delivery charges (with the exception of any additional charges resulting from your choice of a delivery method other than the least expensive standard delivery method we offer), without any undue delay and in any event no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the Contract. We will proceed to make such refund using the same means of payment employed by you for the initial transaction, unless you have expressly provided otherwise; in any event, you will not incur any expense as a result of the refund.
Notwithstanding the above paragraph, we may withhold the refund until we have received the Product, or until you have provided proof of the return of the Product, whichever condition is met first.
In the event of withdrawal, you must bear the direct cost of returning the Products.
In those cases where you consider that, at the time of delivery, the Product does not comply with the provisions of the Contract, due to a defect or tare, you must contact us as soon as possible by means of our contact form or by means of an e-mail addressed to firstname.lastname@example.org, indicating the identification data of the Product, as well as the Order and Order Confirmation to which it refers, and specifying the defect or tare it presents.
In the event that the return is due to a defective product or to damage during transport, you may return the product in its original packaging, with Almazara de Bornos assuming the shipping costs generated by the delivery of the product and the return of the same. In this case, and once the appropriate checks have been made, Almazara de Bornos will proceed to return the product completely free of charge for you.
In the event of breakage during transport, it is essential that you inform the transport company at the same time that you receive the goods, and this must be stated in the transport company’s delivery note with the corresponding reservation.
ATTENTION: In the case of returns, if you wish to send the merchandise by a transport company of your preference, you must always send it with the carriage paid according to its tariffs; if, on the other hand, you wish to send it by our transport company, you must contact Almazara de Bornos and request a collection (indicating that it will be at the due carriage rate) in order to benefit from more economic tariffs.
Remember never to throw away the packaging of the products until you have checked that they are in perfect condition.
Before opening any product, please check that all the products match the ones you ordered (quantity, format and quality), making an immediate claim in case there is any anomaly.
In case of any anomaly in any product, please do not remove it from its original packaging.
Once we have received your communication, and in the event that you wish to return the Product by sending it through our transport company, we will contact you as soon as possible to inform you of the date when a courier will arrive at the address you have indicated to collect the Product.
After the withdrawal of the Product, we will examine it carefully and we will inform you by e-mail, within a reasonable time, if the return or, if you wish, the replacement of the Product is necessary. The return or replacement of the Product will be made as soon as possible and, in any case, within 30 days from the date on which we send you an e-mail confirming that the return or replacement of the non-compliant Product is appropriate.
The amounts that would have been paid for those Products that are returned due to a defect or fault, when they actually exist, will be fully reimbursed, including the delivery costs incurred to deliver the Product to you. The refund will be made by the same means of payment used to pay for the purchase.
All our products are guaranteed nationally against manufacturing defects for two years from the date of purchase. The warranty does not include deterioration caused by misuse, such as exposure to light, heat, etc.
In accordance with the Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the General Law for the Defence of Consumers and Users, the Supplier is liable for any lack of conformity that becomes apparent within two years of delivery. The Customer must inform us of the lack of conformity within two months of becoming aware of it.
Except as otherwise expressly provided in these Terms of Purchase, our liability in respect of any Product purchased on this website shall be strictly limited to the purchase price of such Product.
Notwithstanding the foregoing, our liability shall not be excluded or limited in any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the preceding paragraph and to the extent legally permitted and unless otherwise stated in these Purchase Conditions, we will not accept any liability for the following losses, regardless of their origin:
(a) loss of income or sales,
(b) loss of business;
(c) loss of actual or anticipated profits;
(d) loss of profit or loss of contracts;
(e) loss of anticipated savings;
(f) loss of data;
(g) loss of customers;
(h) loss of reputation;
(i) loss of operating time;
(j) any indirect or consequential loss.
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 information transmitted or obtained through this website, unless otherwise expressly stated herein.
All product descriptions on this website are provided as a complete statement and without any express or implied warranty.
The provisions of this Clause shall not affect your legal rights as a consumer and user, or your right of withdrawal.
12.- MANAGEMENT OF COMPLAINTS
12.1. We will comply with the obligations set out in these Purchase Conditions with reasonable care and diligence.
12.2.- The satisfaction of our customers is of the utmost importance to us, so you can contact us at any time. Our contact details are set out in clause 10.A.1 of these Purchase Conditions. We will attempt to redirect your inquiries in a reasonably prompt manner and will inform you of any developments regarding your inquiry or complaint.
12.3.- In the event of a complaint, it would be helpful to us if you could provide as accurate a description of the reason for your complaint as possible and, if available, a copy of your Order or Order Confirmation. In certain cases, it may happen that your e-mails are automatically redirected to our spam box or that you do not receive ours for the same reason.
13.- PROTECTION OF PERSONAL DATA
14.1.- Any notice relating to a Contract shall be in writing and shall be delivered physically, by registered post, carriage paid or by e-mail to the party concerned, whose postal or e-mail address shall have been provided by that party.
By using this Website, you agree that most such communications with us will be electronic. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements to be in writing.
15.- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us, as well as on our respective successors, assigns and assignees.
You may not transfer, assign, encumber, sub-contract or otherwise dispose of a Contract or any of your rights or obligations under it to or for yourself without our prior written consent.
We may transfer, assign, encumber, sub-contract or otherwise dispose of a Contract or any of the rights or obligations arising under it to us or for us at any time during the term of the Contract, in which case we will give you written notice.
Such transfers will not in any way affect your contractual rights, or any rights you may have at law as a consumer.
16.- FORCE MAJEURE
16.1. – We are not liable for any failure, impediment or delay in the performance of a Contract attributable to any cause of force majeure, including without limitation any natural disasters, actions of third parties (including, without limitation, hackers, distributors, local, supranational and quasi-governmental governments and authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, hacking, arrests, arrests made by the competent authorities, strikes, lockouts, epidemics, fires, explosions, storms, floods, drought, weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, third-party software, non-existence or problems with the provision of public services (including incidents with electricity, telecommunications or internet supply), shortage or non-existence of supplies, materials, equipment or transport (“Force Majeure”), regardless of the possible forecast of such circumstances.
16.2 Either party may terminate the Agreement immediately, by giving written notice, if the Force Majeure Event does not cease within 5 working days. In such a case, neither party shall be liable for termination (except in respect of the repayment of the amount of a Product paid but not delivered).
No delay by the parties in exercising any right under these Purchase Conditions or under a Contract shall affect or represent a waiver of that or any other right. Nor shall it prejudice any rights or remedies relating to such a right or modify or reduce any rights provided by these Purchase Conditions or a Contract.
18.- PARTIAL NULLITY
If any of the Clauses of these Purchase Conditions is declared null, invalid or inapplicable by a final court decision or by a competent authority, such nullity, invalidity or inapplicability will not affect in any way the rest of the Clauses, either totally or partially, which will remain in full force as long as these Purchase Conditions or the Contract remain in force without the Clause established as inapplicable.
19.- COMPLETE AGREEMENT
These Terms and Conditions of Purchase and any documents referred to in them constitute the entire agreement between you and us in relation to the subject matter of the Contract, and supersede any prior agreements, arrangements or promises made between you and us, whether orally or in writing.
20.- MODIFICATION OF THE PURCHASE CONDITIONS
20.1.- We have the right to review and modify these Terms of Purchase at any time.
You shall be bound by the version of these Terms and Conditions of Purchase in force at the time you use this Website or place each Order, unless we are required by law or the competent authorities to make changes to these Terms and Conditions of Purchase retroactively, in which case any such changes will also affect any Orders you have previously placed.
21.- APPLICABLE LAW AND JURISDICTION
21.1.- The use of our website, these Conditions of Purchase and the Contracts for the purchase of Products through this website shall be governed by Spanish law.
21.2.- In the event of any dispute or disagreement arising from the purchase of Products through this website and/or these Purchase Conditions, and for the resolution of any conflict, the parties agree to submit, renouncing any other jurisdiction to which they may be entitled, to the courts and tribunals of the city corresponding to the Customer’s domicile, provided that the latter is in national territory. In the event that the Client is outside of Spain, the parties renounce any other jurisdiction to which they may be entitled and agree to submit to the courts of the city of Jaén (Spain) for the resolution of any conflicts.
21.3.- If you are contracting as a consumer, nothing in this Clause will affect the rights that are recognised as such by current legislation.