GENERAL TERMS AND CONDITIONS
Introduction
This contractual document shall rule the General Terms and Conditions, hereinafter “Terms” through www.pistachosluna.com website property of RAMON LOPEZ RODRIGUEZ under the commercial brand of PISTACHOS LUNA, hereinafter PROVIDER, whose contact information also appear on the Legal Notice of this website.
This Terms will remain published on the website available for the USER for reproduction and storage as confirmation of the contract. This Terms may be modified at any time by RAMON LOPEZ RODRIGUEZ. It is the responsibility of the user to read them periodically, as those in force at the time of placing an order will be applicable. RAMON LOPEZ RODRIGUEZ will file the electronic document where the purchase is formalised and will be available for the USER in case he/she requests it.
Contracts shall not be subjected to any formality with the exception of the cases expressly indicated in the Spanish Civil and Commercial Codes and in this or other special laws. Acceptance of this document implies the following information:
- You have read and understood the above.
- He is a person with sufficient capacity to contract.
- Assume all the obligations set forth herein.
- Customers must be at least 18 years old or, if they are minors, they have to be authorised properly by a legal guardian.
- Be a consumer, understood as a physical person that acting on purposes outside of her/his industry, trade, business or profession.
- Register on the website;
- Hold a valid credit or debit card
These terms shall be valid for an indefinite period of time and shall be applicable to all the contracts made through the PROVIDER’S website.
The PROVIDER informs that the business is responsible and is aware of the legislation in force in each country where the products are sent, and reserves the right to modify unilaterally the terms, without this affecting the goods or promotions purchased before the modification.
Contracting parties identity
On the one hand, the PROVIDER of the food contracted by the USER is RAMON LOPEZ RODRIGUEZ, with registered office at CALLE ASTURIAS, 16 – 18800 BAZA (Granada), NIF 76146084F and with customer service phone number 858284005.
On the other hand, the USER, register on the website through a user name and a password, for which he or she is fully responsible for the use and custody and the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the corresponding box is accepted by the USER during the online purchase process.
The contractual sales relationship involves the delivery, in exchange for a specific price displayed through the website, of a specific food product.
Contracting process
The USER to be able to access the products offered by the PROVIDER must be of legal age and register on the website creating a user account. Therefore, the USER must freely provide the personal data required which will be processed according to the provision of Regulation (EU) 2016/679 of April 21, 2016 (GDPR), related to the protection of physical persons regarding personal data treatment and the free movement of such data and the Spanish Constitutional Law 3/2018 of December 5, LOPDGDD which stands for Organic Law on Data Protection and Guarantee of Personal Rights, related to personal data protection and explained in the Legal Notice and the Privacy policy on this website.
The USER will select a user name and a password committing to make diligent use of them and not to make them available to third parties as well as to inform the PROVIDER of the loss, theft or the possible access by a non authorised third party, so the PROVIDER may block the account immediately.
Once the user account is created the process of contracting, according to the requirements of article 27 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce, will take the following steps:
- General terms and conditions
- Shipping and delivery of orders
- Right of withdrawal
- Claims and online dispute resolution
- Force majeure
- General information about the offer
- Price and period of validity of the offer
- Shipping costs
- Payment methods, costs and discounts
- Purchase process
- Dissociation and cancellation or termination of the contract
- Applicable Law and jurisdiction
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GENERAL TERMS AND CONDITIONS
By placing an order to the PROVIDER imply the agreement by the USER to these legal terms, unless otherwise stipulated in writing. No stipulation made by the user may differ from those of the PROVIDER if they have not been expressly accepted in advance and written by the PROVIDER.
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SHIPPING AND DELIVERY OF ORDERS
The delivery time will be between 1 to 3 working days (from Monday to Friday not including holidays), if it is on the peninsula, depending on the destination and the chosen payment method. If it takes place in a foreign country, the time will depend on the transport agencies. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
If you are not at home, the package will be delivered to a third person who can take responsibility for it, as a concierge, doorman or receptionist, as long as this person accept it, being in charge of the goods.
If the delivery is not possible, a solution will be found out with the customer and the transport company to choose a date and a time when the delivery is possible.
If the PROVIDER has not delivered the goods after 30 calendar days after the delivery date established, due to lack of stock, the USER will be informed and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay from the PROVIDER regarding the total amount refund, the USER may claim double payment for the amount, without prejudice to his right to be compensated for any damages suffered over this amount.
The PROVIDER will not take any responsibility when the delivery of the goods is not possible due to the false, incomplete or inaccurate information provided by the USER.
The delivery will be considered complete when the transport company has placed the goods at the USER’s disposal and the USER or the USER’s delegate, has signed up the delivery receipt document.
It is the responsibility of the USER to verify the products at the reception and to state any reservations and complaints that may be justified in the delivery receipt document.
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EXCHANGES AND RETURNS
All sales are finals and no returns will be accepted due to the nature of the products sold. Customers may request an exchange of the product by sending the corresponding information of the order, including the order number and the description of the exchange products, to the following email address hola@pistachosluna.com. Exchanges will never be accepted for products that have been opened and/or consumed in whole or in a part.
Exchanges will only be accepted in the following cases:
- One or more products on the order have been damaged during shipment and the packaging is totally or partially broken.
- One or more products on the order have an expiry date earlier than the current day.
- One or more products of the shipment are wrong.
An indispensable requirement for the exchange will be a picture sent by the customer to the email address provided, within 24 hours since the delivery of the order (including bank holidays and weekends).
Orders cancellations will only be approved if they are requested before the order is prepared.
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CLAIMS AND ONLINE DISPUTE RESOLUTION
Any complaint considered appropriate by the USER will be attended as soon as possible, and can be made at the following contact addresses:
Postal address: RAMON LOPEZ RODRIGUEZ, 16 ASTURIAS STREET, BAZA, GRANADA, SPAIN 18800.
Phone number: 858284005
E-mail: hola@pistachosluna.com
Online dispute resolution
According to article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without having to appeal to Justice Courts, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediate between both parties. This body is neutral and will dialogue with both parties to reach an agreement and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
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FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
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COMPETITION
The USER may not relinquish, transfer or transmit any rights, liabilities or obligations contracted in the sale.
If any provision of these terms shall be considered void or impossible to accomplish, the validity, legality and enforceability of the remaining provisions shall not be affected or modified in any way.
The USER has read, understood and agreed with these terms in their entirety.
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GENERAL INFORMATION ABOUT THE OFFER
All the sales and deliveries made by the PROVIDER shall be understood to be subjected to these Terms.
No modification, alteration or agreement contrary to the Commercial Offer of RAMON LOPEZ RODRIGUEZ or to what it is stipulated herein, shall be valid unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
The PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising until it doesn’t affect the value of the products offered. These modifications shall also be valid in the case that, for whatever reason, the possibility of supplying the products offered is affected.
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PRICE AND PERIOD OF VALIDITY OF THE OFFER
Prices indicated for each product include Value Add Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, does not include shipping costs, handling, packaging, shipping insurance or any other additional service and annexes to the product purchased.
The prices applicable for each product are those published on the website and expressed in EURO currency. The USER assumes that the economic valuation of some products may change in real-time.
Before placing the purchase, the USER may buy online all the details of the budget: articles, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER shall entail the issuance of a sales receipt in the name of the registered USER or the company name provided when the order was placed. This receipt will be sent in paper format along with the purchased product. It can be downloaded in PDF format by accessing the management panel of the website with the user account. If you wish to receive it by email, you should request any of the means that the PROVIDER makes available to you, informing you that may revoke the decision at any time.
For any information about the order, the USER can contact through PROVIDER’s customer service phone number or via the email address at hola@pistachosluna.com
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SHIPPING COSTS
Prices do not include shipping costs or additional services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or budget, as they are calculated by the weight of the products and delivery address.
The maximum transport rate applied is:
Peninsula up to 2kg: 6 €
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PAYMENT METHODS, COSTS AND DISCOUNTS
The PROVIDER is responsible for economic transactions and makes available the following payment method to pay an order:
- Bank transfer
- Credit card
The USER may use a voucher at the previous moment of finalising the purchase if the USER has received one from the PROVIDER.
Safety measures
The website use information security techniques generally accepted in the industry such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms. All to prevent unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
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PURCHASE PROCESS
Any product from the catalogue can be added to the basket as long as it is available. In the basket, you can only see the articles, quantity, price and total amount. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping method.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
- Check the bill details
- Check the shipping address
- Choose a payment method
- Place the order (Checkout)
Once the order is placed, the system will send immediately an email to PROVIDER’s management department and another email to the USER confirming the order, its stare and estimated delivery date.
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DISSOCIATION AND CANCELLATION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed separable and shall not affect the validity and enforceability of any of the remaining terms.
PISTACHOS LUNA may, without prior notice, suspend or terminate the USER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
When PISTACHOS LUNA exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to PISTACHOS LUNA.
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APPLICABLE LAW AND JURISDICTION
These terms shall be ruled by or interpreted under Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms to the courts and tribunals of the USER’s address.
If the USER is addressed outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them by Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms.
