GENERAL CONDITIONS OF PURCHASE
PURPOSE AND GENERALITIES
The present General Conditions of Use, Conditions of Purchase and Privacy Policy regulate the use of the Website www.uniondejabugo.com (hereinafter “WEBSITE”), property of La Unión Chacinera, S.L. (hereinafter “THE COMPANY”) with Spanish CIF B-41006248 and registered office in Ctra. Écija-Marchena km. 0.8 41400 Écija, Seville, Spain.
THE COMPANY’s site (www.uniondejabugo.com) provides all the necessary information on its products as well as the possibility to purchase them. Due to the content and the purpose of the WEBSITE, those people who want to get access to the services will be considered as “Clients”, condition which will be acquired by filling in the register form and by following the steps that THE COMPANY will subsequently communicate him/her via e-mail. The Client condition supposes the agreement of the Conditions of Use of the version which is published when accessing to the WEBSITE.
In any case, there are some pages from THE WEBSITE that are accessible to all natural and legal people who may not have registered or started the purchase of a product (hereinafter “Users”). In this sense, the Users who access to these parts of the WEBSITE accept to be submitted to the terms and conditions included in these General Conditions, insofar as it may be applicable.
THE COMPANY wants to let its Clients and Users know that it is exclusively directed to an audience aged more than 16 years and that the area where it accepts and delivers orders is the Iberian Peninsula and the Balearic Islands (hereinafter the “Territory”). THE COMPANY does not deliver orders abroad (except Portugal) [EAG1] and neither does it to the Canary Islands, Ceuta or Melilla. If a User is interested in receiving any item beyond the Peninsula and the Balearic Islands, s/he should contact THE COMPANY by filling in the form or sending an e-mail to info@uniondejabugo.com. We will study the request form and we will inform him/her thereon.
CONTACT: In case of doubt, enquiry or suggestion, please do not hesitate to contact us via e-mail at: info@uniondejabugo.com
PRODUCT INFORMATION
The descriptions of the products that appear on the WEBSITE are based on the information provided by www.uniondejabugo.com. The information provided about every product, as well as the images and videos related to the products, to any trademark or any distinguishing mark on THE COMPANY’s WEBSITE (www.uniondejabugo.com) are presented for the Clients’ reference.
PRICES
All the prices of the products listed through the WEBSITE include VAT and other taxes that may apply. However, these prices do not include the corresponding shipping cost of the products, which is listed separately and must be accepted by the Client.
AVAILABILITY
THE COMPANY informs the Client that the number of units available is kept updated with stocks in stock. Under no circumstances, THE COMPANY will intentionally put up for sales more units than the ones available.
THE COMPANY will do its best to please all its Clients in the demand for products.
In the event that the product is unavailable after placing the order, the Client will be informed by e-mail of its total or partial cancellation. The partial cancellation of the order due to unavailability do not entitle the Client to cancel the entire order. If as a result of this cancellation, the Client wants to return the delivered product, s/he can follow the provisions of the “Returns” section.
PAYMENT
The Client agrees to pay in the moment in which the order is placed. The Client will need to add the corresponding shipping cost rates to the initial price listed for each of the products on the WEBSITE. In any case, those prices will previously be reported to the Client before formalising the purchase itself.
The ticket or proof of purchase corresponding to the purchase will be available and can be displayed in www.uniondejabugo.com in “Orders” within “My account” section.
The Client must pay for the corresponding order amount via credit or debit card (Visa, Mastercard, Visa Electron and/or any other similar cards), Paypal, transfer or payment on account on a BBVA branch. If the Client pays with a card, the issuing financial institution will have to be a Spanish bank or savings bank. Card payments will be done via............. with security protocols.
The Client will notify THE COMPANY of any undue or fraudulent charge in the card used for the purchase via e-mail or telephone, in the shortest time so that THE COMPANY can make the necessary arrangements.
SECURITY
THE COMPANY has taken the maximum security measures commercially available in the industry. Additionally, the payment process is based on a secure server using the SSL protocol (Secure Socket Layer). The secure server establishes a connection so the information is encrypted through 128-bit algorithms, ensuring that the information is intelligible not only for the Client’s computer but also for the computer of the WEBSITE. This way, we guarantee by using the SSL protocol that:
1. The Client is communicating his/her data to the server centre of THE COMPANY and not to any other person who may try to impersonate the Client.
2. The data between the Client and the server centre of THE COMPANY is encrypted, avoiding any possible reading or manipulation by third parties.
FINALISATION OF ORDERS
Once the order is formalised, that is, when the Conditions of Use have been accepted and the purchase process has been confirmed, THE COMPANY will always send an e-mail to the Client confirming the details of the purchase.
CANCELLATION OF ORDERS
THE COMPANY will accept the cancellation of the order if it is requested before its shipment. To cancel an order, the Client has to request it by filling in the “Customer Service” form or sending an e-mail to info@uniondejabugo.com.
DEADLINES, DELIVERY LOCATIONS AND PRODUCT LOSSES
1. Product delivery
THE COMPANY assumes the obligation to ensure the delivery of the product in perfect condition at the address that the Client indicated on the order form and that will be included in the Territory in all case. In order to optimise the delivery, we will appreciate that the Client indicates an address in which the order can be delivered within normal business hours.
THE COMPANY will not be responsible for the errors caused during the delivery in case the delivery address given by the Client on the order form is not realistic or is omitted.
2. Deadlines
Shipments will be made through MRW e-commerce. The Client’s order will be delivered in 24-48h if the order is done from Monday to Thursday. If it is done on Friday, Saturday or Sunday, it will be delivered on Tuesday, after receiving the confirmation of the order.
These deadlines are an average and therefore, they are approximate. Thus, they may vary due to logistic or force majeure reasons. In case there is a delay in the delivery, THE COMPANY will inform the Clients as soon as it is known.
Deliveries will be considered as completed at the time when the transport company places the product at the disposal of the Client through the control system used by the transport company.
In the case of delays in deliveries attributable to THE COMPANY, the Client will be able to cancel the order using the procedure described in the section 11 called “Returns”. Whether the transport company has tried to deliver the order to the Client within the deadline but it has been impossible to deliver it due to a reason attributable to the Client, it will not be considered as a delay.
For Spain (Peninsula), the shipping cost will be
: shipping charge La Unión de Jabugo
Once the order leaves our warehouse, an e-mail will be sent to the Client, notifying him/her that the order has been accepted and is being shipped.
For security reasons, THE COMPANY will not send any orders to post office boxes or military bases; nor will THE COMPANY accept any orders when it is impossible to identify the recipient of the order and the address.
DELIVERIES TO OTHER COUNTRIES[EAG2]
The deadline for deliveries to the following countries is 3-5 working days: Austria, Belgium, Czech Republic, Denmark, France, Germany, Holland, Italy, Luxembourg, Poland, Switzerland, United Kingdom.
Shipping costs to these countries (VAT included)
Dispatch weight (kg) Shipping (€/dispatch)
0-3 30.25
3-5 44.77
5-10 52.03
10-15 60.50
15-20 68.97
20-25 76.23
Shipping costs will be applied to those orders addressed to these foreign countries.
3. Delivery data, Incomplete deliveries and Loss
If the Client is away at the time of delivery, the delivery agent will leave a proof indicating how to proceed to arrange a new delivery. As part of the courier service, THE COMPANY hires carrying out a number of following-up actions in order to ensure that the delivery takes place successfully.
If the new delivery has not been arranged after 24 hours from the departure to delivery, the Client must contact THE COMPANY. In the event that the Client does not proceed this way, after 48 hours from the departure to delivery, the product will be returned to our warehouse and the Client will assume the shipping costs and the costs related to the return of goods to origin, as well as the possibly associated management costs.
If the reason for not having delivered the goods is the loss of the package, our shipping company will initiate an inspection. In these cases, the response time of our shipping company usually varies between one and three weeks.
4. Diligence upon delivery
The Client must verify the good condition in which the package with the desired product is delivered in the presence of THE COMPANY’s shipping agent, indicating in the dispatch note any defect(s) that the Client may have detected in the packing. If the Client detects any defect after reviewing the product (blow, breakage, dent, etc., or any sign of having been opened or any other damage caused during the shipment), the Client will inform THE COMPANY via e-mail about it within the shortest time, before the following 24 hours from delivery. From that moment, no incidents will be admitted for this reason (only warranty pieces).
RETURNS
1. Return procedure
La Unión Chacinera, S.L. reserves the right to not accept the return of any type of product without prior request from the User by e-mail to info@uniondejabugo.com.
Reasons for return and procedure:
-RIGHT OF RENUNCIATION. - According to the section b of the Article 45 of the Spanish Law 7/1996, of 15th January, on Regulatory Framework for Retail Trade, modified by the Law 47/2002, of 19th December, the right of renunciation covered by the Article 44 of the same Law is annulled.
Article 45. Exceptions to the right of renunciation.
Unless otherwise agreed, the provisions of the preceding article shall not be applicable to the following contracts:
a) for the supply of goods where the price is dependent on fluctuations in the financial market that cannot be controlled by the seller
b) for the supply of goods made to the client's specifications or clearly personalised or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly
c) for the supply of audio or video recordings or computer software unsealed by the consumer; as well as computer software delivered electronically that can be immediately downloaded or reproduced for permanent use
d) for the supply of newspapers, periodicals and magazines.
-The product the Client received is faulty due to the freight:
In the event of the return being requested because the Client has received a product in poor condition due to the freight, we request him/her to record it on the dispatch note provided by the delivery agent and to inform us within 12 hours after receipt of the order, sending us an e-mail to info@uniondejabugo.com to communicate us that incident. La Unión Chacinera, S.L. will deal with handling the goods to be replaced.
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all the rights to the content, design and source code of this WEBSITE and specially, including but not limited to, photographs, images, texts, logos, designs, trademarks, brand names and data included on the WEBSITE.
Clients and Users are hereby warned that the said rights are protected by the current Spanish and International Law related to the intellectual and industrial property.
Additionally, and notwithstanding the foregoing, the content of this WEBSITE is also considered as a computer programme, and thus all the current Spanish and European Community legislation in this regard is also applied.
The total or partial reproduction of the contents of the WEBSITE is expressly prohibited without express written permission from THE COMPANY.
Furthermore, any unauthorized copying, reproduction, adaptation, alteration, distribution, commercialisation, public communication and/or any other action which may suppose an infraction of the current Spanish and/or International regulations in terms of intellectual and/or industrial property is prohibited, as well as the use of the web contents without the prior express written authorisation of THE COMPANY.
THE COMPANY does not grant any license or authorization of use of any kind regarding its intellectual and/or industrial property rights or any other property or right related, directly or indirectly, to the contents included on the WEBSITE.
Only the use of the contents of the web domain for information and service purposes is authorised, provided that the cite or reference to the source is present, being the User the only responsible for the misuse of them.
ACCESS TO THE WEBSITE. OUR CONTENTS
Clients and Users have the sole responsibility for their conduct when accessing information on the WEBSITE and during the time they are navigating it.
As a result, Clients and Users are only responsible with respect to THE COMPANY and third parties for:
1. The consequences that may arise from any use with illegal aims or purposes contrary to those of this document, for any content of the WEBSITE, whether or not created by THE COMPANY, whether or not published under its name in an official manner.
2. The consequences that may arise from any use contrary to the content of this document and which may be damaging to the interests or rights of third parties or which in any manner may damage, disable or impair the WEBSITE or its services or prevent its normal enjoyment by other Users.
THE COMPANY reserves the right to update contents when it deems this action to be appropriate in addition to eliminating them, limiting them or impeding access to them, in a temporary or definitive manner, in addition to denying access to the WEBSITE to Clients and Users who misuse the contents and/or who breach any of the conditions that appear in this document.
THE COMPANY declares that it does not guarantee:
1. Uninterrupted or error-free access to the WEBSITE and/or websites to which links are provided.
2. That the contents or software the Clients and Users access through the WEBSITE or websites to which links are provided are free of errors, computer viruses or other elements that can cause alterations in the Client’s system or the electronic documents and files stored on his/her computer system, or cause any other type of damage.
3. The use of the information or contents of this WEBSITE or websites linked to it for the use the Clients and Users may make of it for their own personal purposes.
The information contained on this WEBSITE must be considered by the Clients and Users as informative and for purposes of guidance, both with respect to its purpose and to its effects, and as such:
THE COMPANY does not guarantee the accuracy of the information contained on this WEBSITE and therefore does not assume any responsibility for possible damages or inconveniences for Users that may result from any inaccuracies on this WEBSITE.
OUR LIABILITY
THE COMPANY also assumes no responsibility whatsoever derived from the use of the WEBSITE by the User. This includes, but is not limited to:
1. The use the Clients or Users might make of the materials on this WEBSITE or websites linked to it, regardless of whether these are allowed or prohibited, in violation of intellectual and/or industrial property rights of the contents of the WEBSITE or third parties.
2. Any possible damages suffered by the Clients or Users as the result of normal or abnormal functioning of the tools used to search, organise or locate contents and/or access the WEBSITE and, in general, for errors or problems that may arise in the development or instrumentation of the technical elements facilitated to the User by the WEBSITE or a programme.
3. The contents of those pages the Clients or the Users may access from links included on the WEBSITE, regardless of whether or not they are authorised.
4. Any acts or omissions of third parties, regardless of whether these third parties can be linked to THE COMPANY by a contract.
5. The access on the part of minors to the contents included on the WEBSITE, with their parents or guardian charged with exercising the appropriate control over the activities of the minors in their care or with installing a software tool for parental control of the Internet in order to prevent minors from (i) accessing materials or contents that are unsuitable for them or (ii) sending personal data without the prior authorization of their parents or guardians.
6. The messages or dialogues that may be posted in debates, forums, chats or virtual communities that are organised within or around the WEBSITE and/or linked websites, nor to any damages that individual Clients or Users and/or groups may suffer as a result of said messages and/or dialogues.
THE COMPANY assumes no responsibility for issues including, but not limited to, the following:
1. Errors or delays in the Client’s access to the WEBSITE when the Client is entering data into the order form, slow service or the non-receipt on the part of the recipient of the order confirmation, or any anomaly that might arise as a result of Internet problems, accidental conditions, force majeure or any other unforeseeable contingency beyond the good faith efforts of THE COMPANY.
2. Any communication errors or issues that might arise, including erasure or incomplete transmissions of data, meaning that there is no guarantee that the WEBSITE’s services will be continuously operational.
3. Errors or damages to the WEBSITE caused by inefficient or bad faith use on the part of the Client.
4. Of non-operational or problems with the e-mail address provided by the Client for sending the order confirmation.
5. In any case, THE COMPANY agrees to solve any problems that may arise and to offer all necessary support to the Client to find a quick and satisfactory solution to all problems.
6. Additionally, THE COMPANY reserves the right to carry out promotional campaigns over defined time periods to attract new clients to the service. THE COMPANY reserves the right to modify the conditions of promotions, to extend them as long as this is duly communicated or to exclude any participant from a promotion should said participant be seen to have engaged in any anomalous, abusive or unethical behaviour within the promotion.
PRIVACY POLICY
Clients and Users undertake to navigate the WEBSITE and to use the content in good faith.
In compliance with the provisions of the Spanish Organic Law 15/1999, for the Protection of Personal Data, we inform the Client that the completion of any form existing on the WEBSITE www.uniondejabugo.com or the referral of an e-mail to any of our mailboxes implies the acceptance of this Privacy Policy, as well as the authorization to THE COMPANY to treat the personal data that the Client provides us, that will be incorporated to the file, owned by THE COMPANY, registered in the General Registry of the Spanish Agency of Data Protection.
The Clients’ data will be used for the shipment through the sales e-mail that realises THE COMPANY and for the delivery of the purchases.
By simply visiting the WEBSITE, Users do not provide any personal information or are not obliged to facilitate it.
THE COMPANY undertakes to keep the maximum reservation and confidentiality of the information provided to it and to use it only for the indicated purposes.
THE COMPANY presumes that the data has been entered by its owner or by a person authorised by him/her, as well as being correct and accurate.
It is up to Clients to update their own data. At any time, the Client will have the right of access, rectification, cancellation and opposition to all his/her personal data included in the different registration forms. To modify or update his/her personal data, the Client must access www.uniondejabugo.com, in the section called "My Account”. To cancel the Client’s account, s/he must write an email from his/her account e-mail to info@uniondejabugo.com with the subject "Cancel account".
Therefore, the Client is responsible for the veracity of the data and THE COMPANY will not be responsible for the inaccuracy of the Clients’ personal data. In accordance with the current legislation on data protection, THE COMPANY has adopted the security levels appropriate to the data provided by the Clients and, in addition, it has installed all the means and measures at its disposal to avoid the loss, misuse, alteration, unauthorized access and extraction of those data.
NULLITY
If any clause of these Conditions of Use is declared null, the other clauses will remain in force and shall be interpreted taking into account the will of the parties and the very purpose of these Conditions of Use.
THE COMPANY may not exercise any of the rights and faculties conferred in this document which will not imply in any case the resignation to them except express acknowledgement by THE COMPANY or prescription of the action that in each case corresponds.
MODIFICATION OF THE CONDITIONS OF USE
THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the WEBSITE, as well as the present General Conditions. Therefore, THE COMPANY recommends that the Client reads them carefully every time s/he accesses the WEBSITE.
Clients and Users will always have these Conditions of Use in a visible site, easily accessible for any queries they want to make. In any case, the acceptance of the Conditions of Use will be a previous and indispensable step to the acquisition of any product available through the WEBSITE.
APPLICABLE LAW AND ARBITRATION
The present Conditions of Use are regulated by the Spanish legislation applicable in the matter. In order to resolve any controversy or conflict arising from these Conditions of Use, the parties submit to the jurisdiction of the courts of the city of Écija, Sevilla, Spain, unless the Law imposes another jurisdiction.