ONLINE ORDER TERMS AND CONDITIONS
Online order terms and conditions.
General terms and conditions for the online sale of products between HERMANOS HOYOS S.L. (hereinafter the “Owner” and users of the Website (hereinafter the “Customers”).
ONLINE SALES TERMS AND CONDITIONS
WEBSITE IDENTITY AND GENERAL TERMS AND CONDITIONS OF WEBSITE USE
Please read the terms and conditions detailed in the LEGAL NOTICE and PRIVACY POLICY located in the bottom menu of this Website. Please note that minors are not permitted to make online purchases.
SPECIFIC TERMS AND CONDITIONS FOR ONLINE ORDERS:
TERMS AND CONDITIONS PRIOR TO PURCHASE
a) These General Terms and Conditions shall govern the business relationships that arise between the Owner and Customers that purchase the products offered by the Owner through this Website.
b) These General Terms and Conditions have been established in accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and E-Commerce, Law 7/1998 on General Conditions of Contract, Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the General Consumer Protection Act and other complementary legislation, and Law 7/1996, of 15 January, on the Regulation of Retail Trade.
c) The Owner reserves the right to unilaterally modify the configuration and content of these General Terms and Conditions at any time that it deems appropriate. Under all circumstances, the General Terms and Conditions in force at the time of entering into a transaction shall apply.
d) The General Terms and Conditions set forth in this document shall apply to the purchase of the Products marketed to the public by the Owner through its Website. By using the Website, the users declare that they have read and accepted the provisions of these General Terms and Conditions.
SELLER AND CUSTOMER IDENTITY
a) The identification data of the Owner are detailed in the LEGAL NOTICE section.
b) The Customer expressly declares that the information provided when making a purchase is correct and that he/she is of legal age and has sufficient legal capacity to make the purchase. In the case of a legal entity, the person placing the order must have sufficient legal capacity to enter into the transaction for and on behalf of the legal entity.
PRODUCTS OFFERED
a) The Owner offers products on its Website with the characteristics and prices indicated at the time of purchase.
b) The Owner reserves the right to modify, unilaterally, and at any time, the products offered and/or their prices, as well as to suspend or withdraw any product temporarily or permanently.
c) For the Spanish peninsula, the prices listed on the Website include VAT for each product. VAT is not included for the Canary Islands, other Spanish territories, and other countries. Therefore, the buyer undertakes to pay the applicable taxes and fees in accordance with the current legislation of his/her country of residence.
d) The shipping costs are indicated in each order. The Owner reserves the right to modify the shipping costs if the fees are changed due to the actions of third parties. The Customer shall be informed in advance of any changes in shipping costs.
e) The Owner does not guarantee the availability of all Products until each order has been expressly confirmed. If a purchased product is unavailable, the Owner shall notify the Customer and return the amount paid without undue delay. The Customer shall not hold the Owner liable for any action other than refunding the amount paid and expressly waives the right to any compensation or claims related to the unavailability of any product offered on the Website.
DELIVERY OF PRODUCTS
a) The Products offered by the Owner shall be delivered at street level to the address indicated by the Customer. The products are packaged to arrive at the delivery address in optimal conditions.
b) Delivery time: The Owner shall make every effort to comply with the delivery times indicated in the order at all times. If this is not possible, the Customer shall be notified of the corresponding delay.
DEFECTIVE PRODUCTS
a) If the Product is defective or faulty at the time of delivery, the Customer may request, within reason, that the Owner replace the Product, unless this is objectively impossible or disproportionate in accordance with the applicable legislation. The request must be communicated in accordance with the provisions set forth in the “COMMUNICATIONS” section below.
b) In accordance with Article 123.1 of Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the General Consumer Protection Act, the Owner shall be liable for any lack of conformity that becomes apparent within a period of two (2) years from the date of delivery, provided that the lack of conformity existed at the time that the Product was delivered and was duly communicated within a maximum of 48 hours.
c) If the Product is confirmed to be defective, the Owner shall replace the Product at no cost to the Customer, within a reasonable time frame that shall not exceed fifteen (15) days after the return of the Product to the Owner and collection by the Customer. If it is not possible to replace the Product, the Customer may either (1) request a reduction in the price of the Product in proportion to the existing lack of conformity or (2) terminate the Contract. The Contract may not be terminated if the lack of conformity of the Product is of minor importance, in accordance with the relevant legislation.
NON-APPLICATION OF THE RIGHT OF WITHDRAWAL OF ORDERS
For food health and safety reasons, due to the characteristics and, in particular, the perishable nature of the Products, the right of withdrawal shall not apply.
COMMUNICATIONS
For the purposes of these General Terms and Conditions, and for any communication between the Owner and the Customers, the Customer must contact the Owner by email or other forms of written communication at the email address or physical address indicated in the Website Terms of Use (Legal Notice).
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