General Terms of Use
Purchase Conditions of the EMBUTIDOS MONTEPICATO SL Website
1. INTRODUCTION
This document contains the Terms and Conditions that govern the use of this website and the contract that binds the two parties - You and EMBUTIDOS MONTEPICATO SL (hereinafter the “Terms”). These Terms set forth the rights and obligations of all users (hereinafter “You”/“your”) and those of EMBUTIDOS MONTEPICATO SL (hereinafter “I”/“my”/“the Seller”) in relation to the products/services offered through this website or any other website to which I may be redirected by a link (hereinafter collectively referred to as the “EMBUTIDOS MONTEPICATO SL Services”). Please read these Terms and our Privacy Statement carefully before clicking the “Authorize Payment” button to place your order. By using this website or placing an order through it, you agree to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, you should not place an order.
These Terms and Conditions may be modified, so you should read them before placing each order.
If you have any questions regarding the purchase conditions or the privacy policy, you can contact us using the contact form at the end of these terms and conditions. The brand is EMBUTIDOS MONTEPICATO SL and the domain EMBUTIDOS MONTEPICATO SLproductosdegalicia.com, is owned by EMBUTIDOS MONTEPICATO SL ,SL, legal entity with registered office at Rúa Progreso 31 bajo, 27001 Lugo with tax ID B27423169.
2. USE OF OUR WEBSITE
These Terms and Conditions are the only terms applicable to the use of this website and supersede any other terms, unless expressly agreed to in writing by the Seller. These Terms and Conditions are important for both you and EMBUTIDOS MONTEPICATO SL ,SL, as they have been designed to create a legally binding agreement between us, protecting your rights as a customer and our rights as a seller. You declare that, by placing your order, you have read and accept these Terms and Conditions without reservation.
You agree that:
1. You may only use the website to make legally valid inquiries or orders. You may not place any speculative, false, or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we are authorized to cancel it and inform the relevant authorities. You also agree to provide us with your correct and accurate email address, postal address, and/or other contact information, and you consent to our use of this information to contact you if necessary (see my Privacy Statement). If you do not provide all the necessary information, we will not be able to process your order.
By placing an order through this website, you guarantee that you are over 18 years of age and have the legal capacity to enter into binding contracts.
3. SERVICE AVAILABILITY
The items offered through this website will only be available in Spain.
4. HOW THE CONTRACT IS FORMALIZED
The information and details contained on this website do not constitute an offer to sell, but rather an invitation to do business. No contract will exist between you and EMBUTIDOS MONTEPICATO SL. You will not be charged for any product until your order has been expressly accepted by us (even if your account has already been charged). If your offer is not accepted and your account has already been charged, the full amount will be refunded.
To place an order, you must follow the online purchase procedure and click on "Authorize Payment." After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean your order has been accepted, as it constitutes an offer from you to EMBUTIDOS MONTEPICATO SL. SL to purchase one or more products. All orders are subject to our acceptance, and we will confirm such acceptance by sending you an email confirming that the product(s) is/are being shipped (the Shipping Confirmation). The contract for the purchase of a product between us (the Contract) will only be formed when we send you the “Shipping Confirmation”.
Only those products listed in the Shipping Confirmation will be subject to the Contract. We will not be obligated to supply any other products that may have been ordered until we confirm their shipment in a separate Shipping Confirmation.
5. PRODUCT AVAILABILITY
All product orders are subject to availability. If supply difficulties arise, or if items are out of stock, we reserve the right to inform you about substitute products of equal or superior quality and value that you may order. If you do not wish to order these substitute products, any amount you may have paid will be refunded.
6. REFUSAL TO PROCESS AN ORDER
MONTEPICATO SAUSAGES SL We reserve the right to withdraw any product from this website at any time and/or to remove or modify any material or content on it. Although we will make every effort to process all orders, there may be exceptional circumstances that require us to refuse to process an order after the Order Confirmation has been sent, and we reserve the right to do so at any time, at our sole discretion.
We will not be liable to you or any third party for removing any product from this website, regardless of whether that product has been sold or not, removing or altering any materials or content on the website, or for refusing to process an order after we have sent you the Order Confirmation.
7. RIGHT TO WITHDRAW FROM THE PURCHASE
If you are contracting as a consumer, you may withdraw from the Contract at any time within 14 calendar days from the date of receipt of the goods. In this case, you will be refunded the price paid for such goods in accordance with our Returns Policy (see Clause 13).
Your right to withdraw from the Contract applies only to products returned in the same condition in which you received them. You must also include all product instructions, documents, and packaging. No refund will be issued if the product has been used or damaged, so please handle the product(s) with care while they are in your possession.
You will not have the right to withdraw from the Contract whose object is the supply of any of the following Products:
1. Goods made to the specifications of the consumer and user or clearly personalized.
2. Goods that may deteriorate or expire quickly.
3. Sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
4. Goods which, after delivery and taking into account their nature, have become inseparably mixed with other goods.
Please treat the products with reasonable care while in your possession and keep the original boxes and packaging if possible in case of return.
You will find more details about this legally recognized right, as well as an explanation of how to exercise it, in clause 13 of these Terms and Conditions, and a summary of it when you receive the Shipping Confirmation.
This provision does not affect the rights recognized to the consumer by current legislation.
8. DELIVERY
Without prejudice to the provisions of Clause 5 above and unless extraordinary circumstances arise, an attempt will be made to send the order for the product(s) listed in the Shipping Confirmation before the delivery date shown in the Shipping Confirmation or, if no delivery date is specified, within 30 days from the date of the Order Confirmation.
The delay may be due to the following reasons:
1. Product customization;
2. Specialized articles;
3. Unforeseen circumstances;
4. Delivery area;
If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option of proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
Delivery will be made through a courier service.
For the purposes of these Terms, "delivery" or "delivered" shall be understood to have occurred when the product(s) are signed for at the agreed delivery address.
9. IMPOSSIBILITY OF DELIVERY
If delivery is impossible, your product(s) will be returned to our warehouse or to the warehouse of the corresponding shipping company. The shipping company will leave you a note explaining where your package is and how to arrange for redelivery. If you will not be at the delivery address at the agreed time, please contact the shipping company indicated on your Shipping Confirmation to arrange delivery for another day.
Please note that storing and reshipping your product(s) may incur an additional cost.
10. TRANSFER OF RISK AND OWNERSHIP
The risks associated with the Products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery charges, or upon delivery (as defined in clause 8), whichever is later.
11. PRICE AND PAYMENT
Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but any changes will not affect orders for which I have already sent you a Shipping Confirmation.
Once you have finished shopping, all the items you wish to purchase will be added to your basket, and the next step will be to process the order and make the payment. To do so:
1. Click on the "View Cart" button at the top of the page.
2. Click on the "Process Order" button.
3. Fill in or check your contact information, your order details, the address where you want your order delivered, and the address where the invoice should be sent.
4. Enter your credit card details.
5. Click on "Authorize Payment"
You can pay with Visa, Mastercard, and American Express. To minimize the risk of unauthorized access, your credit card information will be encrypted. Payment authorization is required at the time of ordering, but your credit card will not be charged until your order has been shipped.
By clicking "Authorize Payment" you are confirming that the credit card is yours.
We will use Verisign to ensure that the payment has been made securely.
Credit cards will be subject to verification and authorization by the issuing entity, but if said entity does not authorize the payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any Contract with you.
12. VALUE ADDED TAX
In accordance with current regulations, all purchases made through the website will be subject to Value Added Tax (VAT), except those destined for the Canary Islands, Ceuta and Melilla, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of them.
13. WARRANTY AND RETURN POLICY
In accordance with the provisions of the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCU), all items covered by this contract are, in general, guaranteed against any manufacturing defect or non-conformity with the qualities specified in the contract, for a period of two years from the date of receipt of each one, recognizing the customer's right to the repair of the item covered by the contract, as well as its replacement, a price reduction and the termination of the contract, with the repair and replacement of the item being, where appropriate, free of charge for the consumer.
Defects caused by negligence, impacts, misuse or improper handling, or where applicable, incorrect installation not carried out by the indicated authorized technical service or materials subject to wear and tear from normal use are not included.
For products with a useful life of less than two years, the warranty period will be the established lifespan of said product.
In cases where the warranty applies, the option will be repair, replacement, price reduction, or refund, in accordance with applicable law. The warranty will be void if any of the information on the warranty or proof of purchase is modified, altered, or replaced.
In accordance with the TRLGDCU, the consumer or user must inform the seller of the lack of conformity within two months of becoming aware of it.
Returns in exercise of the right to withdraw from the purchase.
General Policy: If you wish to withdraw from the Contract within the period specified in clause 7 above, you can contact us using the contact form. You can also return the product directly to the address shown on the Return Form that you will receive with your order. Please return the product to me as soon as possible, along with the duly completed Return Form, to the address indicated on the form. You will be responsible for the cost of returning the products to us. Please note that if you choose to return the items with postage due, we will be authorized to charge you for any expenses you may incur.
If you have any questions, you can contact us through the contact form or by calling +34 982 25 14 30 .
Returns or exchanges at EMBUTIDOS MONTEPICATO SL PRODUCTOS DE GALICI stores: You can return the product in-store. In this case, you must go to the store in person and bring the completed Return Form, which you received when you received the product, along with the item.
Please return the item using or including its original packaging, as well as any instructions, documentation, and packaging that may have accompanied it.
After examining the item, we will inform you whether you are entitled to a refund. The refund will be processed as soon as possible and, in any case, within 30 days of the date you notify us of your intention to withdraw from the purchase. The refund will be issued to the same credit card used for the original purchase. You will bear the cost and risk of returning the products to us, as described above.
No exchange or return will be made for products that are not in the same condition as when you received them, or that have been used beyond simply opening the product.
Returns of defective products
In cases where you consider that at the time of delivery the product does not conform to what is stipulated in the Contract, you must contact us immediately by means of the contact form providing the details of the product as well as the damage it suffers, or by calling the number +34 982 25 14 30 .
You must return the product to the address indicated on the Returns Form that you will receive with the product at the time of delivery, or to an EMBUTIDOS MONTEPICATO SL store. .
We will carefully examine the returned product and notify you by email within a reasonable timeframe whether a refund or replacement is applicable. The refund or replacement will be processed as soon as possible and, in any case, within 30 days of the date we send you an email confirming that the refund or replacement of the non-conforming item is approved.
The full amount paid for any products returned due to a defect or fault, where such a defect or fault actually exists, will be refunded, including the original delivery charges and the return shipping costs. The refund will be issued to the same credit card used for the original purchase.
Rights recognized by current legislation remain unaffected.
14. LIABILITY AND EXEMPTION FROM LIABILITY
The responsibility of EMBUTIDOS MONTEPICATO SL in relation to any Product purchased on our website will be strictly limited to the purchase price of said Product.
Nothing in these Terms of Purchase excludes or limits our liability in any way:
1. In case of death or personal injury caused by our negligence;
2. In case of fraud or fraudulent misrepresentation;
3. In any matter in which it would be illegal or unlawful to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and unless otherwise provided in these Terms, no liability is accepted for indirect damages that occur as a side effect of the main loss or damage, however caused, whether by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to the following:
1. Loss of income or sales;
2. loss of business;
3. Loss of profits or loss of contracts
4. loss of anticipated savings;
5. data loss; and
6. Loss of management time or office hours.
All product descriptions, information, and materials on this website are provided "as is" and without any express, implied, or other warranties.
To the extent possible as permitted by law, all warranties are excluded, except for those warranties that cannot be lawfully excluded in relation to consumers.
The provisions of this clause will not affect your statutory rights as a consumer, nor your right to withdraw from the Contract.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and other intellectual or industrial property rights in the materials or content provided as part of the website belong at all times to EMBUTIDOS MONTEPICATO SL or to whomever is licensed for its use. You may use such material only in the manner expressly authorized by EMBUTIDOS MONTEPICATO SL or whoever has granted us a license to use it. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
16. WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically satisfy the legal requirement that such communications be in writing. This condition will not affect your statutory rights.
17. NOTIFICATIONS
Notifications you send me should preferably be sent via our contact form. In accordance with clause 16 and unless otherwise stipulated, I may send communications to you either by email or to the postal address you provided when placing an order.
Notifications will be deemed to have been received and properly served at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that notification has been served, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly deposited in the post or a mailbox, and, in the case of an email, that it was sent to the email address specified by the recipient.
18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract between You and EMBUTIDOS MONTEPICATO SL It is binding on both you and us, as well as on our respective successors, assigns and legal representatives.
You may not assign, transfer, encumber or otherwise dispose of a Contract or any of your rights or obligations under it without our prior written consent.
MONTEPICATO SAUSAGES SL We may assign, transfer, encumber, subcontract, or otherwise dispose of a Contract or any of our rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, such assignment, transfer, encumbrance, or other disposal will not affect your statutory rights as a consumer or otherwise nullify, reduce, or limit any express or implied warranties that may have been granted to you.
19. FORCE MAJEURE
MONTEPICATO SAUSAGES SL We will not be liable for any failure or delay in performing any of our obligations under a Contract, caused by events beyond our reasonable control ("Force Majeure Event " ).
Force Majeure Events shall include any act, event, non-occurrence, omission, or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lockouts or other protest actions.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of other governments.
7. Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.
Our obligation to perform under any Contract will be suspended for the duration of the Force Majeure Event, and we will be granted an extension of time to perform our obligations for the duration of such event. We will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution by which we can perform our obligations under the Contract despite the Force Majeure Event.
20. RESIGNATION
If, during the term of a Contract, we fail to insist upon strict performance of any of the obligations assumed under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies that we are entitled to exercise or invoke under that Contract or these Terms and Conditions, such failure shall not constitute a waiver of such rights or remedies nor shall it relieve you from complying with such obligations.
Any waivers we make of our right to demand compliance will not constitute a waiver on our part of our right to demand subsequent compliance.
No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices section above.
21. DIVISIBILITY
If any of these Terms or any provision of a Contract are deemed invalid, illegal, or unenforceable to any extent by a competent authority, they will be severed from the remaining Terms, conditions, and provisions, which will continue to be valid to the extent permitted by law.
22. INTEGRITY OF THE CONTRACT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between you and EMBUTIDOS MONTEPICATO SL in relation to the subject matter of the Contract and supersede any other prior agreement, understanding or promise between you and us, whether oral or written.
You and EMBUTIDOS MONTEPICATO SL We acknowledge that we have entered into this Agreement without relying on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to this Agreement, except as expressly stated in these Terms.
Neither you nor EMBUTIDOS MONTEPICATO SL We will have recourse against any inaccurate statement made by the other party, whether oral or written, prior to the date of the Contract (unless such inaccurate statement was made fraudulently) and the other party's sole recourse will be for breach of contract in accordance with the provisions of these Terms.
23. RIGHT TO MODIFY THESE CONDITIONS
MONTEPICATO SAUSAGES SL reserves the right to review and modify these Terms at any time.
You will be subject to the policies and Terms in force at the time you place each order, unless changes to those policies, Terms or Privacy Statement are required by law or decision of governmental bodies, in which case, any changes will also affect orders you have previously placed.
24. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send them to me via the contact form.