GENERAL SALES CONDITIONS
We invite you to review the general conditions of purchase that regulate the offer and purchase of products of TALLER DE PINCHOS Y TAPAS, S.L.U. through the online store included on this website https://lacocinadesenen.com/.
By requesting the purchase of a product and/or service through this website, the User is bound by these Terms and Conditions.
1. PRELIMINARY PROVISIONS
These conditions of purchase apply to all the sales of items of the brand, TALLER DE PINCHOS Y TAPAS (hereinafter LA COCINA DE SENÉN) that are made through the website https://lacocinadesenen.com/ (hereinafter “website”).
By placing an order, you acknowledge that you are at least 18 years of age and that you have the legal capacity to enter into binding contracts.
Orders may only be placed for the purpose of purchasing goods that will not be intended for resale. Any resale or distribution of products purchased through the website is strictly prohibited.
We reserve the right to cancel fraudulent, false or speculative orders, as well as those that have been placed by a customer with whom there may be a discrepancy/dispute in previous orders, or when there are reasonable doubts that may lead us to believe that the customer may be involved in any criminal activity.
As a user, you are obliged to provide LA COCINA DE SENÉN with all the necessary data to access and use the services of this website. These data must be truthful and current, and you agree that we may use them to contact you if necessary.
It is essential that you provide all the information that we classify as mandatory, otherwise we will not be able to process your order. In any event, we will not be liable for possible delays or failures in delivery as a result of an error or omission of data.
The user will make proper use of the services included on the website, always in accordance with the legal system, and will not carry out any activity that hinders or interferes with the functioning thereof.
We will establish all the reasonable mechanisms within our reach to ensure that your personal data are kept secure at all times.
You must also adopt the necessary security measures, both personal and material, to maintain the confidentiality of your user name and password, and you must notify us immediately if your user name and password are lost, misplaced or stolen or if they are accessed unlawfully, as well as if they become known by third parties.
2. CONDITIONS APPLICABLE TO ORDERS
All products offered on this website are sold directly by:
TALLER DE PINCHOS Y TAPAS, S.L.U.
C.I.F. (Tax ID Code): B01482520
Address: C/ GOIKOBERAZA, 14 - 01015 - VITORIA-GASTEIZ (ÁLAVA)
Registered in the Register of Companies of Álava, Volume 1482, folio 202, page VI-15369, entry 1
Making your purchase is very simple, and can be done in five steps by following the process below:
1. Select the products you want to buy and their quantity. Click on the 'ADD TO CART' button. On the right-hand side of the webpage, you will see your cart with the purchase you have made. Click on the 'CONTINUE SHOPPING' button and/or 'CHECKOUT'.
2. The user or buyer must be registered. We need to know your identity in order to manage their purchase. Once you are registered, continue with the process. We have also enabled the option to purchase as a guest, if you do not wish to register.
3. Choose a delivery and a billing address (unless they are the same). ). Leave us a comment about the delivery if you consider it necessary, and click on the 'NEXT' button.
4. Next, choose the shipping method. Once you have selected the carrier, you must check the box confirming the shipping method.
5. Payment Method. In the last step, you must select the sign: ‘Verified by Visa; Mastercard SecureCode’. Enter your card details. (The cards accepted in our online store are Visa, Visa Electron and Mastercard) “I have read the general conditions of sale and I accept them without reservation. General Conditions of Sale” and click on the ‘NEXT’ button. Once you have placed your order, you will receive an email with the confirmation of your purchase and all the shipping details, the invoice and the order identifier.
Coverage of the offer
The territory in which physical deliveries of products are made is: The Iberian Peninsula, excluding the Canary and Balearic Islands and outside of Spanish territory.
If a user is interested in receiving a product in another country, they are advised to contact us through the contact form or by sending an email to firstname.lastname@example.org, and we will provide them with further information.
All orders are subject to availability. We are not responsible for products being out of stock or unavailable.
Please refer to the selection of items available for sale through the website, given that not all the items that we might offer in our stores or that might appear in catalogues, websites or be otherwise presented are available for this type of sale.
In the event that an item is out of stock or unavailable, LA COCINA DE SENÉN will contact the customer to inform them immediately and give them a new delivery time or, if the product could not be supplied, proceed to cancel the order for that item.
If in doubt, you are encouraged to contact customer service (945261750).
Contract with TALLER DE PINCHOS Y TAPAS, S.L.U. and acceptance of orders
The order will not be accepted by us until the amount has been credited to our account. Upon confirmation of the purchase, you will receive an e-mail as confirmation of acceptance. Only then will the contract between you and us be formalised, and only for the items listed on the shipping confirmation.
Order confirmation and cancellation
Before you complete the order on the website, you will be able to review all the details associated with the order (amounts broken down into all the necessary headings - taxes, costs, transport, item selection, etc.), and you will be able to correct anything you deem necessary.
After confirmation, it will not be possible to modify or cancel the order through the website. You will need to contact us. In such event, the period can only be modified or cancelled if the item has not entered the dispatch phase from our warehouses.
Currency, taxes and prices
In accordance with the provisions of Law 37/1992, of 28 December 1992, on the Value Added Tax (VAT), all purchases from our website will be subject to value added tax. The applicable rate will be that which is legally in force at any given time.
All prices are shown in Euros (€) and include taxes, unless otherwise specified by law and something else applies, especially with regard to VAT.
Prices are subject to change at any time, but no change will affect orders that you have already placed or purchased.
Payment methods and security
Any order placed must be paid for immediately upon order confirmation. Only orders for which payment has been made and verified will be processed.
Payment must be made by credit or debit card.
Credit and debit cards: The amount of an order will be charged to your card. You must therefore provide us with the card number, the expiration date and the CW2 security code (on the back of your card). In case your card is scanned, you will be asked for the relevant security codes.
These data will not be stored or manipulated by us, rather they will be registered directly in the payment gateway of the corresponding financial institution. The charge will be made in real time through that payment gateway. In the event that the charge cannot be made (for any reason), the order will be automatically cancelled.
Deliveries: types, deadlines and problems
Once payment is received, your order will be prepared and shipped by express transport, and will be delivered within 24-72 hours (business days). You will receive an email at the time when your order leaves our facilities.
· Orders will be processed from Monday through Thursday until 2:00 p.m. and will be delivered as from the next business day before 1:00 p.m.
· Packs of orders from LA COCINA DE SENÉN come in polystyrene boxes that keep the product fit for consumption.
· If it arrives thawed, keep refrigerated and consume within 5 days of receipt.
· Shipment is made through the SEUR Frio Department for temperature-controlled packs and through MRW for all other dry products, which will be delivered to the Peninsula within 24 hours.
· Shipments are only made Monday through Thursday before 2:00 p.m. After this time, orders will be processed the next business day.
Shipments in Spain (Peninsula)
As a general rule, packages are shipped within 24-72 hours (business days) after receipt of payment, through a selected courier service.
Except for cases in which there are unforeseen or extraordinary circumstances or due to circumstances arising from the customisation of products, if applicable, purchase orders consisting of the products listed in each purchase confirmation will be delivered within the period indicated on this website according to the shipping method selected by the User, but in any event, within a maximum period of 30 calendar days from the date of the order confirmation.
If the packaging of an order is damaged at the time of delivery, the package must be opened in the presence of the logistics operator to check the condition of the goods. If any damage is observed, it must be detailed on the delivery note and contact us. We will repair or replace any items that have been damaged or lost in transit, at no cost to you, as long as you notify us of the incident as soon as possible.
Once an order has been delivered, it will become your property, and therefore you will be liable for all damages that might arise.
Shipments to the Peninsula: The indicated shipping expenses are for shipments to the Peninsula, which is €9 for shipments of frozen product and €5 for dry transport shipments of Vegetable Slices.
For shipments to Portugal, Andorra and the Balearic and Canary Islands, as well as other locations outside of Spain, you must ask about the possibility of shipment and the associated expenses that will be incurred, which will be duly reported in the invoice total, after having been accepted by the customer.
The shipping expenses are detailed in the purchasing process.
Return, withdrawal, exchange and refund policy
In cases in which a User acquires products through the owner's Website, they have a series of rights, as listed and described below:
Right of withdrawal
In accordance with consumer regulations in force, the right of withdrawal does not apply to the contracting of perishable products.Examples of perishable products: Dairy products such as cheeses and yoghurts; fresh meats; fruits and vegetables; pre-cooked foods, perishable foods that have already been uncovered or removed from their original packaging; desserts and pastries; eggs; cold cuts, etc.
Fornon-perishable products, the withdrawal period of 14 calendar days provided for distance contracts will apply. The category of non-perishable products includes the following, for example: Canned or airtight products, jams, preserves, honey, olives, olive oil, vinegar, canned tuna, etc.
The User has the right to withdraw from the current contract within 14 calendar days, without having to give any reason. The withdrawal period will expire 14 calendar days as from the day when you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
In order to exercise the right of withdrawal, a User must notify us of their decision to withdraw from the contract by sending an unequivocal statement via email to LA COCINA DE SENÉN at email@example.com. You may use the model withdrawal form below, although using it is not mandatory.
In order to meet the withdrawal deadline, the notification concerning the exercise of this right by a User must merely be sent before expiration of the corresponding deadline.
Consequences of withdrawal:
In the event of withdrawal by a User, we will refund all payments received from you, including the delivery expenses (with the exception of any additional expenses resulting from your choice of a delivery mode other than the least expensive ordinary delivery mode offered by us), without undue delay and, in any event, no later than 14 calendar days as from the date when we are informed of your decision to withdraw from the current contract. We will proceed to make this refund using the same means of payment used by the User for the initial transaction, unless the User has expressly stated otherwise. In any event, no charge will be incurred as a result of the refund.
"You must return or deliver the goods directly to us at TALLER DE PINCHOS Y TAPAS, S.L.U., C/ GOIKOBERAZA, 14 - 01015 - VITORIA-GASTEIZ (ÁLAVA)", or "We will pick up the goods" without undue delay and, in any event, no later than 14 calendar days as from the date when you notify us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before the deadline has expired.
You will have to bear the direct cost of returning the goods.
This cost is estimated to be approximately 18.15 euros at most. (If LA COCINA DE SENÉN were to pick up the goods, describe the cost)
The User must return the Products in perfect condition. Otherwise, they may be subject to depreciation. Consequently, the User is informed that they will be liable for any diminished value of the products resulting from handling other than that which is necessary to establish the nature, characteristics and functioning of the goods. In other words, if the product is not returned with the original packaging or in perfect condition to LA COCINA DE SENÉN, the cost of product devaluation may be charged.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of 16 November 2007, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. Such exceptions include but are not limited to the following examples: goods that are tailored to the specifications of the consumer and user or that are clearly personalised; the supply of goods that are likely to deteriorate or expire rapidly; the supply of sealed goods that are not suitable for return due to reasons of health or hygiene protection and they have been unsealed after delivery; and the supply of goods that, after delivery and considering their nature, have been inseparably mixed with other goods.
Return of defective products or shipping error
These include all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order. The User must therefore immediately contact LA COCINA DE SENÉN and let them know about the non-conformity (defect/error) using the same means or using the contact details provided in the preceding section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products. Once they have been returned, the products will be examined and the User will be informed within a reasonable period of time about reimbursement or replacement of the same, as applicable. The refund or replacement of the product will be made as soon as possible and in any event within 14 days as from the date when we send you an email confirming that the refund or replacement of the non-conforming item is applicable. The amount paid for those products that are returned because of a defect, when one actually exists, will be refunded in full, including delivery expenses and the costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights that are recognised for the User, as a consumer and user, by legislation in force at any given time will always apply.
The User, as a consumer and user, enjoys warranties on the products that the User might purchase through this Website, in the terms legally established for each type of product. In the case of a contract for the sale of goods or the supply of digital content or services supplied in a single act or in a series of individual acts, LA COCINA DE SENÉN will be liable for a lack of conformity that might exist at the time of delivery or supply and becomes apparent within the period of three years of delivery in the case of goods or three years in the case of digital content or services, without prejudice to the provisions of Article 115b(2) (a) and (b). of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
In this sense, it is understood that the products are in conformity with the contract as long as: they conform to the description made by LA COCINA DE SENÉN and possess the qualities presented therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and that are reasonably to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section, Return of defective products or shipping error. However, some of the products marketed on the Website may have non-uniform characteristics, whenever such characteristics are derived from the type of material from which the products are made.
On the other hand, it could be that the User acquires, on the Website, a product of a third-party brand or manufactured by a third party. In such a case, when the User finds it impossible or excessively burdensome to contact the business owner due to a lack of conformity, the User also has the possibility of contacting the responsible brand or manufacturer of the product to find out how to exercise their legal warranty right directly against them during the three years following the delivery of these products. To do so, the User must have kept all information regarding the warranty of the products.
3. PARTIAL NULLITY
If any part of these terms of service is unlawful and therefore invalid, this will not affect the other provisions that are in accordance with the law. The parties undertake to renegotiate those points of the conditions of service that are null and void and to include them into the rest of the conditions of service.
4. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
LA COCINA DE SENÉN reserves the right to modify the general conditions of sale without prior notice, and it may change, delete or add content and services presented through the website, as well as the way in which they are presented or located on its servers.
These changes must be accepted by the user each time they make a purchase of a product or service through the web page.
In the event that some of the terms of the general conditions of sale are declared integral or unenforceable by a court decision, all other provisions will remain in force.
For all questions that the User may have regarding the Conditions, they may contact the owner using the contact details provided above or, if applicable, using the contact form.
5. APPLICABLE LAW AND JURISDICTION
This website is located in and operated from Spain. All matters related to this website are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, and the principles about conflicts of law are not applicable
In those cases, in which the customer is not a consumer or user, or their domicile is outside of Spain, they must submit to the Courts and Tribunals of Tarragona, therefore expressly waiving any other jurisdiction to which they could have a right.
If the user decides to use or consult this website outside of Spain, they must bear in mind that they do so on their own initiative and that they are responsible for compliance with the relevant laws.
This contract will enter into force and take full effect as from the moment of acceptance by the customer or user.
This contract, and therefore the general conditions it includes, together with the annexes (if there are any), in addition to being read on this website, may be stored, filed and reproduced by the usual electronic or computer means.
6. COMPLAINTS AND CLAIMS
The User may send their complaints, claims or any other comments they would like to make to LA COCINA DE SENÉN by using the contact information provided at the beginning of these Conditions (General Information). In addition, LA COCINA DE SENÉN has official complaint forms available to consumers and users, which they may request from LA COCINA DE SENÉN at any time by using the contact details provided at the beginning of these Conditions (General Information). Likewise, should a dispute arise from the conclusion of this purchase agreement between LA COCINA DE SENÉN and the User, the User may, as a consumer, request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
MODEL WITHDRAWAL FORM:
I hereby give notice that I am withdrawing from my contract of sale of the following good/service:
(*)Order number: ________________________________________________
(*)Contact name: __________________________________________
(*)Contact email: ____________________________________________
(*)Contact telephone number: __________________________________________
(*)User's address: _________________________________________
(*)Description (indicate the product(s) to be returned). ____________ ____________________________________________________________________________________________________________________________
(*)Signature of the consumer/user (only if this form is submitted on paper):
(*) Required fields.