General contracting conditions – Perishable goods

Introduction

This contractual document shall govern the General contracting conditions for the purchase of goods that may quickly deteriorate or expire (henceforth, “Conditions”) through the website https://www.shoppingriu.com, owned by ASOC. SANTA EULÀRIA EMPRESARIAL under the trade name SHOPPING RIU, henceforth the PROVIDER, whose contact data is also listed in the Legal Notice of this Website.

These conditions will remain published on the website available to the USER in order to reproduce them and save them as confirmation of the contract, they can be modified at any point by the PROVIDER. It is the responsibility of the USER to read them regularly, as those which are in force at the time of making the order shall apply.

The contract will not be subject to any formality except for the cases expressly outlined in the Civil and Commercial Codes and in this or in other special laws.

Acceptance of this document implies that the USER:

• Has read and understood what is outlined here.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations outlined here.

These conditions will have an indefinite validity period and will apply to all the contracting carried out through the website of the PROVIDER.

The PROVIDER states that the business is responsible and aware of the legislation in force in the countries to which it sends products, and it reserves the rights to unilaterally change the conditions, without this affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the food products contracted by the USER is ASOC. SANTA EULÀRIA EMPRESARIAL, with business address at Club Náutico – Puerto Deportivo s/n, – 07840 Santa Eulària des Riu (Balearic Islands), Tax Identification Number G57428385 and customer/USER service telephone number 971330555.

And on the other, the USER, registered on the website through a username and password, for whose use and safekeeping they have full responsibility, and they are responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual purchase relationship created between the PROVIDER and the USER at the point when the latter accepts the corresponding checkbox during the online contracting process.

The contractual purchase relationship entails the delivery, in exchange for a specific price that is publicly indicated on the website, of a specific food product.

Contracting procedure

n order to access the products offered by the PROVIDER, the USER must be of legal age and register through the website through the creation of a user account. To this end, the USER must freely and voluntarily provide the personal data requested from them, which will be processed in compliance with the provisions of Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018, of 5 December (LOPDGDD), on the protection of personal data and outlined in the Legal Notice and in the Privacy Policy of this website.

The USER shall select a username and password, they undertake to use them diligently and to not disclose them to third parties, and to also inform the PROVIDER of the loss or theft of them or of possible access by an unauthorised third party, in order for the PROVIDER to immediately block their account.

Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information society services and electronic commerce (LSSICE), the contracting procedure will adhere to the following steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competition.
7. General conditions of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, costs and discounts.
11. Shopping process
12. Separation and suspension or termination of the contract.
13. Applicable law and jurisdiction.

GENERAL CONTRACTING CLAUSES

Unless expressly stipulated in writing, making an order from the PROVIDER shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The delivery time will be between 2 and 6 working days, depending on the destination and payment method selected. This time is applicable whenever the availability of the goods has been confirmed and full payment for the order has been verified.

If the PROVIDER does not deliver the goods, following 30 calendar days from the agreed delivery date, due to a lack of availability of the product or service, the USER will be informed and will be entitled to cancel the order and receive a refund of the total amount paid at no added cost, and without this resulting in any liability for damages attributable to the PROVIDER.

In the event of an unjustified delay by the PROVIDER with regard to the refund of the total amount, the USER can claim the payment of double the amount owed, without prejudice to their right to indemnification for the damages suffered that exceed that amount.

The PROVIDER shall not assume any liability when the delivery of the product or service is not carried out because the data provided by the USER is false, inaccurate or incomplete.

Delivery will be considered to have been made at the point that the carrier has provided the products to the USER, and the latter or a person designated by them, has signed the delivery receipt document.
The USER is responsible for checking the products upon receipt and outlining all reservations and claims that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

The food products on offer are perishable, that is to say, they may expire or deteriorate within a short period of time. This type of supply of goods is exempt from returns, according to subsection d) of article 103 of Law 3/2014, of 27 March.

In any case, the USER is given the chance to report possible flaws or defects with the order within a period of 24 hours following delivery, both online and offline, and if considered appropriate, make the return.

The PROVIDER must be informed of any return via an email sent to info@shoppingriu.com, indicating the corresponding invoice or order number. Once the USER has received the return number, they should send the product to the PROVIDER, indicating this number on the delivery letter, with the transport costs paid by them, to the address of ASOC. SANTA EULÀRIA EMPRESARIAL, Club Náutico – Puerto Deportivo, no number, – 07840 Santa Eulària des Riu (Balearic Islands).

Having analysed the case, if the PROVIDER deems that the product did not fulfil the sale conditions, they will inform the USER of the amount and conditions of their refund within a period of 48 hours.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be handled as quickly as possible, and it can be made via the following contact addresses:

Post: ASOC. SANTA EULÀRIA EMPRESARIAL, Club Náutico – Puerto Deportivo, no number, – 07840 Santa Eulària des Riu (Balearic Islands)
Tel: 971330555
Email: info@shoppingriu.com

Online Dispute Resolution

n accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a freely accessible platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to legal courts, through the intervention of a third party, known as the Dispute resolution body, which acts as an intermediary between both parties. This body is neutral and will talk with both parties in order to reach an agreement, it can ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not be held liable for any breach caused by force majeure. The fulfilment of the obligation will be delayed until the end of the force majeure situation.

6. COMPETENCE

The USER cannot assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.

If any stipulation in these conditions is considered null or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, and nor will they undergo any modifications.

The USER states that they have read, understood and accept these Conditions in their entirety.

7. GENERAL CONDITIONS OF THE OFFER

All sales and deliveries made by the PROVIDER are understood to be subject to these Conditions.

Any modification, alteration or agreement contrary to the Commercial Proposal of ASOC. SANTA EULÀRIA EMPRESARIAL or what is stipulated here, will not have effect, unless expressly agreed in a written document signed by the PROVIDER, in this case, these specific agreements will prevail.

The PROVIDER reserves the right to modify its specifications in relation to the information provided in its advertising, unless it affects the value of the products offered. These modifications will equally be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices outlined relating to each product include Value Added Tax (VAT) and other taxes that may apply. These prices, unless expressly stated otherwise, do not include costs for shipping, handling, packaging, shipping insurance or any other additional services linked to the product purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER accepts that the economic valuation of some of the products may vary in real time.

Before making the purchase, the USER can check all the details of the quote online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change on a daily basis while the order has not been made.
Once the order has been made, prices will remain fixed regardless of whether there is product availability or not.

All payments made to the PROVIDER result in the issuance of an invoice in the name of the registered USER or the business name indicated by them at the time of making the order. This invoice will be sent in paper format along with the product purchased. It will be possible to download the invoice in PDF format by accessing the management panel on the website with the user account. If you wish to receive it via email, you must request it via any of the means that the PROVIDER offers you, you are informed that you can revoke this decision at any time.

For any information about the order, the USER can get in contact through the customer service telephone number of the PROVIDER 971330555 or via email at the address info@shoppingriu.com.

9. TRANSPORT COSTS

The prices do not include shipping costs or supplementary services, unless otherwise expressly agreed in writing.

The amounts will be calculated at the time of saving the basket or quote, as they are calculated according to the weight of the products and the delivery address.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is in charge of the financial transactions and provides the following methods for payment of orders:

• Bank transfer
• Payment on delivery
• Credit card

The USER can use a discount voucher before completing the purchase if they have received one from the PROVIDER.

Security measures

The website uses the information security techniques generally accepted in the industry, such as SSL, entering data on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to the data. In order to achieve these ends, the user/client accepts the provider obtaining data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transactions that are considered illegal by credit card brands or the acquiring bank, that may have or which have the potential to damage their good faith or have a negative impact on them.

The following activities are prohibited in accordance with the regimes of credit card brands: the sale or offer of a product or service that does not comply with all the laws applicable to the buyer, issuing bank, trader or cardholder.

11. PURCHASE PROCESS

Any product in the catalogue can be added to the basket. The basket will only show the items, the quantity, price and total amount. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and delivery data entered.

The baskets are not binding on an administrative level; it is simply a section where it is possible to simulate a quote without any commitment from either party.

From the basket it is possible to make an order by following the steps below to correctly place it:

1. – Check the invoice data.
2. – Check the delivery address.
3. – Select the payment method.
4. – Make the order (purchase).

Having processed the order, the system instantly sends an email to the management department of the PROVIDER and another to the email of the USER confirming that the order has been made, its status and the approximate shipping and/or delivery date.

12. SEPARATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, void or inapplicable for any reason, this condition will be considered separable and will not affect the validity and applicability of any of the remaining conditions.
SHOPPING RIU can, without prior notice, suspend or terminate the access of the USER to its e-commerce services, fully or partially, for any valid reason, including, without limitations, when the USER does not comply with or follow any of the obligations established in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
When SHOPPING RIU exercises any of its rights or powers covered by this Clause, this exercise shall not impair or affect the exercise of any other right, power or means that may be available to SHOPPING RIU.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish legislation for matters that are not expressly established. The PROVIDER and the USER agree to subject any dispute that may arise from the provision of the products or services covered by these Conditions to the courts of the place where the USER is domiciled.

If the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other jurisdiction, and subject themselves to the Dispute resolution body that will act as an intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the legal courts. For more information, consult clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” in these Conditions.