1. General information
This document (as well as all / other documents mentioned here) regulates the conditions governing the use of this Website and the purchase or acquisition of products in it (hereinafter, Conditions). This document and other related ones are accessible on the website for consultation.
For the purposes of these Conditions, it is understood that the activity that Conservas Nardín S.L. (hereinafter Nardín) develops through the Website includes: the sale and marketing of products and canned seafood such as White Tuna, Anchovies from the Bay of Biscay, Smoked Fish from Getaria, etc.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the Cookies Policy, and the Policy of Privacy and Data Protection of Nardín. By using this Website or by making and / or requesting the purchase of a product through it, the User agrees to be bound by these Conditions and by all the aforementioned, so, if they do not agree with all this, they must not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he/she accesses, browses and / or uses the Website since those that are in force at the time of the purchase of products are applicable.
For all the questions that the User may have in relation to the Condition they can contact the owner using the contact information provided or, where appropriate, using the contact form.
Information on the conditions of purchase and navigation through the website are written in Spanish. They are available permanently to be printed or saved.
2. The user
Access, navigation and use of the Website, confers the status of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), for which, from the beginning of the navigation on the Website, all the Conditions established herein, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding legal regulations that are mandatory depending on the case.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
Make use of this Website only to make inquiries and purchases or legally valid acquisitions.
Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities would be informed.
Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is mainly aimed at Users residing in Spain. Nardín does not guarantee that the Website complies with the laws of other countries, either totally or partially. Nardín declines all responsibility that may derive from such access. The User may, at his/her choice, formalize, with Nardín, the contract of sale of the desired products in any of the languages in which these Conditions are available on this Website.
3. Purchase or acquisition process
To proceed with the purchase of the product, the User must select the product they wish to buy and add it to the Cart. Once the selection of products to be purchased is completed, the User must press the "Cart" icon. Next, the products selected for purchase will be indicated and the User must select among the options available for shipping the products to the indicated address and the method of payment thereof.
The data provided to Nardín through the corresponding form are identifying elements to access and make purchases and are personal and non-transferable.
< span> Next, the User will receive an email confirming that Nardín has received their order or purchase request, that is, the order confirmation. Where appropriate, this information may also be made available to the User through their personal connection space on the Website.
The User may, if they so wish, obtain a copy of their paper invoice, requesting it from Nardín using the contact spaces on the Website or through the contact details provided.
The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are shown next to the presentation or, where appropriate, image of it on their Website page, indicating, by way of illustration, but not exclusively, and attending to each case: name, price, components, weight, quantity, colour, details of the products, or characteristics and acknowledges that the completion of the purchase order or realizes full and complete acceptance of particular conditions of sale applicable to each case.
Communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the records computerized by Nardín in order to constitute a means of proof of transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this regard that are applicable, and particularly dealing with the current regulations on data protection and the rights that assist Users according to the Privacy Policy of this Website, Legal Notice and General Conditions of Use.
< strong> 4. Availability
All purchase orders received by Nardín through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, Nardín undertakes to contact the User and refund any cost that may have been paid as an amount.
5. Prices and payment
The prices displayed on the Website are final, in Euros (€) and include taxes, except that, by legal requirement, especially regarding VAT, a different matter is indicated and applied.
The products will be sold at the price indicated at the time of the order confirmation by the customer.
Other taxes, fees, duties or surcharges are not included in the end prices of products as shown on the Website.
In no case will Nardín add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be:
-Bank transfer
-Payment with credit or debit card
Nardín uses all the means to guarantee confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the bank. Issuer thereof, if said entity does not authorize payment, Nardín will not be responsible for any delay or failure to deliver and may not formalize any contract with the User.
Once Nardín receives the purchase order from the User 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 on the card will be made at the time the shipping confirmation is sent to the User.
6. Buy as a guest
This website also allows purchasing through the functionality of purchasing as a guest. In this purchase mode, you will only be asked for the essential data to process your order.
Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
7. Value Added Tax and Billing
in accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood as located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User expressly authorizes us to issue the invoice electronically, although he may indicate at any time his willingness to receive an invoice on paper, in which case, we will issue and send the invoice in this format.
8. Delivery
Shipments are generally made by private courier service.
If for any reason that could be attributed to them, Nardín could not meet the delivery date, they 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 either cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to deliver it again.
For shipments within the national territory, in case of 30 days after your order is available for delivery, and if it has not been delivered for reasons attributable to the User, Nardín will understand that the User wishes to withdraw from the purchase. As a consequence, all the payments received from the User will be returned, except for the shipping costs, expenses derived from the cancellation of the purchase and the additional costs resulting from the User's own choice of a delivery method different from the least costly ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time the User or a third party indicated by the User acquires material possession of the products, which will be proven by signing the receipt of the order at the agreed delivery address.
9. Technical means to correct errors
The User is hereby informed that in case he detects that an error has occurred when entering the necessary data to process his request purchase on the Website, you can modify them by contacting Nardín through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal connection space on the Website.
In any case, the User, before clicking on " FINALIZE PURCHASE ", will have access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Likewise, the User is referred to Consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise his/her right to rectification as established in the General Data Protection Regulation (EU) 2016/679 RGPD and LO 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
10. Returns
In cases in which the User purchases products on or through the website of the owner, they are assisted by a series of rights, as are listed and described below:
Right of Withdrawal
The User, as consumer and user, performs a purchase on the Website and, therefore has the right to withdraw from said purchase within 15 calendar days without justification.
This period of withdrawal will expire 15 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the Website of Nardín or in the event that the goods that make up his/her order are delivered separately, within 15 calendar days of the day the User or a third party authorized by them, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify their decision to Nardín . They can do so, where appropriate, through the contact spaces enabled on the Website or through the email address: email@conservasnardin.com
The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Nardín has made available to them as a part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, Nardín will reimburse the User for all payments received, including shipping costs and excluding return costs, without any undue delay and, in any case, no later than 15 calendar days from the date on which Nardín is informed of the decision to withdraw by the User.
Nardín will reimburse the User using the same payment method that they used to carry out the initial purchase transaction. This refund will not generate any additional cost for the User. However, Nardín may withhold said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User acknowledges that they must assume the direct cost of returning (transport, delivery) of the goods, if any are incurred. Furthermore, they will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges know that there are exceptions to the right of withdrawal. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; CD, s / DVD of music or video without their packaging, as they are sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, Products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to that stipulated in the contract or purchase order, and that, therefore, you should contact Nardín immediately and let them know the existing disagreement (defect / error) by the same means or using the data from the contact provided in the previous section (Right of Withdrawal).
The User will then be informed on how to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, its replacement, is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 15 days from the date on which we send an email confirming that the refund or replacement of the nonconforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights are recognized in current legislation at every moment for the User, as consumer and user.
Guarantees
The User, as consumer and user, enjoy guarantees on the products that can be acquired through this Website, in the legally established terms for each type of product, responding Nardín, therefore, to the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: conform to the description made by Nardín and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Returning defective products or shipping error.
On the other hand, it could be the case that the User acquires a brand or manufacturing product on the Website by a third party. In this case, and considering the User who has a defective product, he/she also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years following the delivery of such products. For this, the User must have kept all the information regarding the guarantee of the products.
11. Disclaimer
Except as otherwise provided by law, Nardín will not accept any responsibility for the following losses, regardless of their origin:
any losses that were not attributable to any default on their part,
business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.
Likewise, Nardín also limits its liability in the following cases:
Nardín applies all measures concerning providing a true display of the product on the Website, is not however responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
Nardín will act with the utmost diligence in order to make available to the company in charge of transporting, the product that is the subject of the purchase order. However, it is not responsible for damages originating from a transport malfunction, especially for causes such as strikes, roadblocks, and in general any other reason specific to the sector, which result in delays, losses or thefts of the product.
Technical failures that, due to fortuitous events or other causes, prevent the normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Nardín puts all the means at its disposal in order to carry out the process of buying, paying and shipping / delivering the products, however, it is exempt from liability for causes not attributable to it, fortuitous events or force majeure.
Nardín will not be held responsible for the misuse of the products that have been used by the User. At the same time, Nardín will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, Nardín will not be held responsible for any breach or delay in compliance with any of the assumed obligations, when it is due to events that are beyond our reasonable control, that is, due to force majeure, and this may include, by way of example, but not exhaustively:
Strikes, lockouts or other protest measures.
Civil shock, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Impossibility of using public or private systems of telecommunications.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this case, the obligations will be suspended during the period in which the force majeure continues, and Nardín will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force higher. Nardín will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
12. Written communications and notifications
By using this Website, the User agrees that most communications with Nardín be electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Nardín send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Nardín through the Contact information provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless stipulated to the contrary, Nardín may contact and / or notify the User through their email or at the postal address provided.
13. Waiver
No waiver by Nardín of a specific right or legal action or the lack of requirement by Nardín < span> of the strict compliance by the User of any of its obligations will not imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from the fulfillment of its obligations.
No waiver of Nardín to any of these Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
14. Nullity
If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of invalidity.