GENERAL SALES CONDITIONS
1. GENERAL INFORMATION
Ownership of the website www.jamonesoroviejo.com, (hereinafter web or website) is held by: RAMOS DOMÍNGUEZ S.L. (hereinafter JAMONES ORO VIEJO), provided with NIF: B21160155 and registered in Volume: 249, Book 83; Sheet: 56, Section 8, Book: H1483; and whose contact details are:
Address: VIRGEN DEL PRADO, 49 – 21220 – HIGUERA DE LA SIERRA –
Telephone number: 959196092
Email: info@jamonesoroviejo.com
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.jamonesoroviejo.com) and the purchase or acquisition of products and/or services in it (hereinafter “Terms”).
Beside reading these Conditions, before accessing, browsing and/or using this website, users must have read the Legal Notice, the cookies policy, the privacy policy and the Data Protection and Privacy Policy of JAMONES ORO VIEJO. By using this website or by making and/or requesting the acquisition of a product and/or service through it, users agree to be bound by these Conditions and by all the aforementioned, so if they do not agree with everything, they should not use the website.
Likewise, it is reported that these Conditions could be modified. Users are responsible for consulting them each time they access, browse and/or use the website since those that are in force when the purchase of products and/or services are requested will be applicable. For all questions that users may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. USER
Access, navigation and use of the website, confers the condition of user (hereinafter referred to, indistinctly, individually as user or jointly as users), accepting from the start of browsing the website, all the conditions established herein, as well as their subsequent changes, without prejudice to the application of the corresponding mandatory legal regulations.
Users assume their responsibility for a correct use of the website. This responsibility will extend to:
– Use this website only to make inquiries and legally valid purchases or acquisitions.
– Do not make any false or fraudulent purchase. If a purchase because of this nature could reasonably be considered to have been made, it could be cancelled, and the relevant authorities will be informed.
– Provide truthful and lawful contact information, for example, email address, address and/or other information (see Legal Notice).
Users hereby declare that they are over 18 years old and have the legal capacity to enter contracts through this website. This website is aimed mainly at Users 11-11-11-11-residents in Spain. JAMONES ORO VIEJO declines all responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain. Users may formalize, of their choice, with JAMONES ORO VIEJO a sale contract of the desired products and/or services in any of the languages in which these conditions are available on the website.
3. WEBSITE SERVICES
3.1. This website allows you to enjoy services (collectively called “Services”), which include the sale of products derived from the Iberian pig (“Products”) with home delivery. Unless otherwise specified, these Conditions apply to all Services offered by JAMONES ORO VIEJO, provided they are compatible. JAMONES ORO VIEJO may entrust the execution of Services to third-party subcontractors or sub-suppliers.
3.2. Registration is needed on the website in the relevant area reserved for the user when accessing to services. During registration, users will be asked to specify their intention, therefore, make purchases as a company, induvial or freelance, also specifying the country of the user´s headquarters or company address. Only purchases of services made by private users will be subject to the applicable consumer regulations in force in the user´s country of residence or address.
3.3. All final prices for Services displayed on the website are shown in euros and can be viewed both with and without VAT, depending on the country you have been registered. Services prices may be subject to periodic variations. For certain Products and offers, shipping costs are included. For all other Products, shipping costs are borne by users.
4. PURCHASE PROCESS AND AVALABILITY
4.1. Duly registered users can buy on the website by the established means and forms. They must follow the online purchase and/or acquisitions procedure or www.jamonesoroviejo.com, during which various products and/or services can be selected and added to the cart, basket, or final purchase space and, finally, click: “PAY”. Likewise, users must fill in and/or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.
4.2. Sequentially, users will receive an email confirming that JAMONES ORO VIEJO has received their purchase order or request and/or provision of service, that is, the confirmation order. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to users through their personal connection area on the website.
4.3. Once the purchase procedure has concluded, users consents that the website generates an electronic invoice that will be sent to them via email and, where appropriate, through their personal connection area on the website. Likewise, users may obtain, if they wish, a copy of the paper invoice, requesting it from JAMONES ORO VIEJO using the contact area on the website or through the contact information provided above.
4.4. User acknowledges being up to date, at the time of purchase, of certain particular conditions of sale that concern that product and/or service in question and that area shown next to the presentation or, where appropriate, its image in its page of the website, including, but no exhaustive, and according to each case: name, price, parts, weight, quantity, colour, details of the products, or characteristics, way in which they will be carried out and/or cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
4.5. Communications, purchase orders and payments that take part during the transactions carried out on the website could be filed and retain the records of JAMONES ORO VIEJO in order to set up a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that area applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free circulation of these date (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist to users in accordance with the privacy policy of this website.
4.6. JAMONES ORO VIEJO reserves the right, at its sole discretion, not to proceed with any order. This can also happen if:
-The data provided by the user when completing the order form is incomplete or incorrect;
-Users do not comply with the requirements to comply with the payment conditions;
– Products ordered are not available.
In cases mentioned above, JAMONES ORO VIEJO will proceed to inform the user, via email, that the order proposal has not been accepted (either totally or in part) specifying the reasons and, therefore, the contract will not be formalised. In such case, JAMONES ORO VIEJO will reimburse the user the amount that could have been paid.
5. PRICES AND PAYMENT
5.1. Prices displayed on the website are final, in euros and taxes include, unless a different matter is indicated and applied by legal requirement, especially in relation to VAT:
5.2. Shipping costs are included in the final price as shown on the website. Thus, JAMONES ORO VIEJO performs delivery and/or shipping services through: GLS.
5.3. Under no circumstances, the website will add additional costs to the price of a product or service automatically, but only those users have selected and chosen voluntarily and freely.
5.4. Prices may change at any time, but possible changes will no affect orders or purchases that the users have already received an order confirmation.
5.5. Payment methods accepted are DEBIT AND CREDIT CARD, BIZUM.
5.6. Credit card will be subject to checks and authorizations by the issuing bank, if the entity does not authorize the payment, JAMONES ORO VIEJO will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with users.
5.7. Once JAMONES ORO VIEJO received the purchase order from users through the website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge will be made when users sent the shipping confirmation and/or confirmation of the service provided in the form and, where appropriate, the established place.
5.8. If the means of payment is a gift card or credit card, the charge will be made when JAMONES ORO VIEJO sends a confirmation of the purchase order or acquisition or products and/or services to users.
5.9. In any case, when validating the payment, users confirm that the payment method used if theirs, or that, where appropriate, they are the legitimate owner of the gift card or credit card.
5.10. Purchase or acquisition orders in which users select bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation, to allow enough time for the bank transfer to be considered by the payment system of JAMONES ORO VIEJO website used. When the transfer is received, the order will be prepared and managed for shipping.
5.11 Through this payment method, users must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, JAMONES ORO VIEJO will not be able to validate the order, which will be cancelled.
5.12. JAMONES ORO VIEJO uses all means to guarantee the confidentiality and security of the payment data transmitted by users during transactions through the website. As such, the website uses a secure payment system SSL (Secure Socket Layer).
6. DELIVERY TIMES AND SHIPPING
In cases in which it is appropriate to make a physical delivery of the contracted good, the deliveries will be made in the following territory: SPAIN (BALEARIC ISLANDS), PORTUGAL, FRANCE, ITALY, GERMANY, THE NETHERLANDS, AND BELGIUM.
6.1. Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the website according to sipping method selected by users and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
6.2. If for any reason, which is attributable to it, JAMONES ORO VIEJO could not meet the delivery date, it will contact the user to inform him/her of this circumstance and, he/she may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.
6.3. If it is impossible to deliver the order due to user’s absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
6.4. If the User is not going to be at the delivery address in the agreed time slot, he/she must contact JAMONES ORO VIAJE to arrange delivery on another day.
6.5. If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to JAMONES ORO VIEJO, JAMONES ORO VIEJO will understand that the user wishes to withdraw from the contract, and it will be considered terminated. Because of the termination of the contract, all payments received from the user will be returned, except for the additional costs resulting from the user´s own choice of a different delivery method less expensive of ordinary delivery offered by the website, without any undue delay and, in any case, within a maximum period od 14 calendar days from the date the contract is considered terminated. However, users must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.
6.6. For the purposes of these General Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the user or a third party indicated by the user, acquires material possession of the products, which will be accredited by the signature of the receipts of the order at the agreed delivery address.
6.7. Risks that may arise from the products will be borne by the user from the moment of delivery. Users acquire ownership of the products when JAMONES ORO VIEJO receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or a t the time of delivery, if it takes place in a moment after the full receipt of the amount to be paid by JAMONES ORO VIEJO.
6.8. In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be always the one legally in force depending on the specific article referred.
6.9. In orders to Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations in each of these territories. Users must consider that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and these could be on their part.
7. CORRECT ERRORS
7.1. Users will be informed if there is an error when entering the required date to process the purchase request on the website. Users may modify it by contacting JAMONES ORO VIEJO through the enabled contact on the website, and, where appropriate, through those enables to contact customer service, and/or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by users through their personal profile on the website.
7.2. In any case, users, before validating the payment, have access to cart or basket where their purchase requests are noted and can make modifications.
7.3. Similarly, users are referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RIGHT OF WITHDRAWAL
8.1. Users, as a consumer and user, purchase on the website and, therefore, have the right to withdraw from said purchase within a period of 14 calendar days without justification needed. This withdrawal period will expire 14 calendar days from the day that users, or a third party, authorized by him/her, other than the carrier, acquired material possession of the goods acquired on JAMONES ORO VIEJO website, or in the event that the purchased goods are delivered separately, 14 calendar days from the day the user or a third party authorized by him/her, other than the carrier, acquired material possession of the last of those goods that made up, the same purchase order, or in the case of a service contract, within 14 calendar days from the day of the contract.
8.2. If users want to exercise their right of withdrawal, the must notify JAMONES ORO VIEJO of their decision. They can do it, where appropriate, through the contact spaces provided on the website. Regardless of the means they choose to communicate their decision, they must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, users may fill the withdrawal form model that JAMONES ORO VIEJO provides as port attached to these Conditions, however, its use is not mandatory.
8.3. To meet the withdrawal period, it is enough with a communication that unequivocally expresses the decision to withdraw is sent before the corresponding period of expiration.
8.4. In case of withdrawal, JAMONES ORO VIEJO will reimburse the user for all payments received, including shipping costs (except for the additional costs chosen by the user as a shipping method to other than less expensive method offered on the website) without any undue delay and, in any case, no later than 14 calendar days from the date on which JAMONES ORO VIEJO is informed of the user´s decision to withdraw.
8.5. JAMONES ORO VIEJO will reimburse the user using the same method of payment chosen by the user to carry out the initial purchase transaction. This refund will not generate any additional cost to the user. However, JAMONES ORO VIEJO could retain this refund until the products or items have been received, or until the user presents proof of their return, depending on which condition is met first.
8.6. Users can return or send the products to JAMONES ORO VIEJO at the main address of the person in charge. And it must do so without any undue delay, and in any case, no later than 14 calendar days from the date on which JAMONES ORO VIEJO was informed of the withdrawal decision.
8.7. Users acknowledge knowing that they must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics, and operation of the goods.
8.8. Users acknowledge knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007 of November 16, which approved the revised test of the General Law for the Defence of Consumers and Users and other complementary laws. This would be the case of personalized products, products that can deteriorate or expire quickly; products without proper wrapping, products that for hygiene or health reasons are sealed and have been unsealed after delivery. In this same sense, the provision of a service that users could contract on this website is governed, since this same Law establishes that the Right of withdrawal will not assist users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by JAMONES ORO VIEJO, they will have lost their right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are no in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
8.9. In the following link, optionally, you can download the withdrawal model form: https://www.jamonesoroviejo.com/modelodedesistimiento
9. RETURN OF DAMAGED PRODUCTS AND DELIVERY ERRORS
9.1 These are all those cases in which users consider that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and they must contact JAMONES ORO VIEJO immediately and let them the disagreement (defect/error) through the same means or using the contact information provided in the previous section (Right of Withdrawal).
9.2. Users will then be informed about how to proceed with the return of the products; once returned it will be examined and users will be informed, within a reasonable time, if the refund proceed or the replacement.
9.3. The refund or replacement will be made as soon as possible, within 14 days from the date on which a confirmation email is sent.
9.4. The amount paid that are returned due to a defect, when it exists, it will be fully reimbursed, including delivery costs and those costs incurred to make the return by users. The refund will be made by the same means of payment the user used.
9.5. At any times, rights contained in current legislation as a consumer and as a user will be recognized.
10. WARRANTY
10.1. Users, both as a consumer and as a user, enjoy guarantees on the products that can be purchased through this website, according to the legally established terms for each type of product. JAMONES ORO VIEJO will respond in case of lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
10.2. It is understood that products are in accordance with the contract accordantly that: they are conformed to the description made by JAMONES ORO VIEJO and possessed the qualities presented in it; they are suitable for the uses to which products of the same type are ordinarily used: they are presented the standard quality that a product of the same type expected from it. When this is not the case, users must proceed as indicated in the section Return of Damaged Products and Delivery error. However, some of the products that are marketed on the website, could present non-homogeneous characteristic as long as these derive from the type of material with, they have been manufactured, and therefore will form part of the individual appearance of the product, so they will not be considered a defect/damage.
10.3. It could also happen that users could acquire a product from a brand or manufactured by a third party on this website. In this case, and considering that the product is defective, users have the possibility of contact the brand or manufacturer responsible to find out how to exercise their legal guarantee right. Users will have two years following the delivery for proceed. Users must have kept all the information in relation to the guarantee of the products.
11. EXCLUSION OF LIABILITY
11.1. Save as otherwise provided, JAMONES ORO VIEJO will not accept any responsibility for the following losses, regardless of their origin:
– Any losses that were not attributable to any breach on your part;
– Business losses (including lost, profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred) or from;
– Any other indirect loss that was not reasonable foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
11.2. JAMONES ORO VIEJO, also limits its liability in the following cases:
– JAMONES ORO VIEJO applies all measures concerning providing a faithful display of the product on the website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lac of resolution of the screen, or browsers problems that are use or others of the nature.
– JAMONES ORO VIEJO will act with the utmost diligence to make available to the company in charge of the shipping. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in any other specific to the sector, result inf delays, losses, or theft of the product.
– Technical failures that, due to fortuitous or other causes, prevent a normal operation of the service through Internet. Lack of availability of the website for maintenance or other reasons, which prevents the availability of the service. JAMONES ORO VIEJO uses all the means at its disposal to carry out the process of purchase, payment, and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, unforeseeable circumstances or force majeure.
-JAMONES ORO VIEJO will not be responsible for the misuse and/or wear of the products that have been used by the user. At the same time, JAMONES ORO VIEJO will not be responsible for an erroneous return made by the user. It is user´s responsibility to return the correct product.
– In general, JAMONES ORO VIEJO will not be responsible for any breach or delay in the fulfilment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force greater, and this may include, by way of example but not exhaustive:
1) Strikes, lockouts or other protest measures.
2) Civil commotion, revolt, invasion, threat, or terrorist attack was (declared or not) or threat or preparations for war.
3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
4) Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
5) Impossibility of using public or private telecommunications systems.
6) Act, decrees, legislation, regulations of any government or public authority.
11.3. Obligations will be suspended during the period in which the force majeure continues, and JAMONES ORO VIEJO will have an extension in the term to fulfil them for a period equal to the duration of the force majeure cause. JAMONES ORO VIEJO will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
12. COMMUNICATIONS
12.1. By using this website, users accept that most of the communications with JAMONES ORO VIEJO are electronic (email or notices published on the website). For contractual purposes, users agree to use this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications that JAMONES ORO VIEJO send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to users.
12.2. Users can send notifications and/or communicate with JAMONES ORO VIEJO through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the website.
12.3. Likewise, unless otherwise stipulated, JAMONES ORO VIEJO may contact and/or notify the user by email or at postal address provided.
13. WAIVER
13.1. No waiver by JAMONES ORO VIEJO of a specific right or legal action or the lack of requirement by JAMONES ORO VIEJO or strict compliance by the user of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the user from compliance with their obligations.
13.2. No resignation by JAMONES ORO VIEJO to any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation, and it is formalized and communicated to the user in writing.
14. NULLITY
If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
15. ENTIRE AGREEMENT
15.1. These Conditions and any document to which express reference is made constitute the entire agreement between the user and JAMONES ORO VIEJO in relation to the object of sale and replace any other agreement, or agreement previous promise agreed verbally or in writing by the same parts.
15.2. Users and JAMONES ORO VIEJO acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
16. DATA PROTECTION
The information or personal fata that the user provides to JAMONES ORO VIEJO during a transaction on the website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice, Privacy Policy and Cookies Policy). By accessing, browsing and/or using the website, user consent to processing of said information and data and declares that all information or data provided are true.
17. JURISDICTION AND APPLICABLE LEGISLATION
17.1. Access, navigation and/or use of this website and product purchase contracts will be governed by Spanish Legislation.
17.2. Any controversy, problem or disagreement that arises or is related to the access, navigations and/or use of the website, or with the interpretation and execution of these Conditions, or with the sales contracts between JAMONES ORO VIEJO and the user, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
18. CLAIMS AND COMPLAINTS
18.1. Users can send JAMONES ORO VIEJO their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
18.2. JAMONES ORO VIEJO has official claim sheets available to consumers and users, and that can request from JAMONES ORO VIEJO any time, using the contact information provided at the beginning of these Conditions (General Information).
18.3. If a dispute arises from the conclusion of this purchase between JAMONES ORO VIEJO and the user, the user as a consumer may request an out-ot-court solution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You may access through this site: http://ec.europa.eu/consumers/odr/ .