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Purchase conditions

INFORMATION AND PURCHASE CONDITIONS

 

Index

  1. General Information
  2. Users and other legislation
  3. Purchase or acquisition process
  4. Availability
  5. Prices and payment
  6. Delivery
  7. Technical means to correct errors
  8. Returns
  9. Warranties
  10. Disclaimer
  11. Written communications and notifications
  12. Resigns
  13. Nullity
  14. Full Agreement
  15. Data protection
  16. Applicable Law and Jurisdiction
  17. Complaints and complaints

 

1. Overview

This document (as well as all/other documents mentioned herein) governs the conditions governing the use of this Website and the purchase or purchase of products therein (hereinafter, Terms). This document and other related documents are accessible on the website for your inquiry.

For the purposes of these Terms it is understood that the activity that Conservas Manchegas Antonio, S.L. develops through the Website comprises: the elaboration and marketing of pickled canned goods.

In addition to reading these Terms, 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 Privacy and Data Protection Policy of Conservas Manchegas Antonio, S.L. By using this Website or by making and/or requesting the purchase of a product through it, the User consents to be bound by these Terms and all of the above, so if you do not agree with all of this, you must not use this Website.

It is also reported that these Terms may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website as those that are in force at the time the purchase of products is requested.

For all questions that the User may have in relation to the Terms, he/she can contact the holder using the contact details provided or, where applicable, using the contact form.

Information on the conditions of purchase and navigation of the website are written in Spanish and other languages. They are permanently available for printing or storage.

 

2. Users and other legislation

The access, navigation and use of the Website, confers the status of user (hereinafter referred to, interchangeably, individually as a User or jointly as Users), so they are accepted, since the navigation of the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Make use of this Website only for legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and reported to the relevant authorities.
  • Provide truthful and lawful contact details, e.g. email address, postal address and/or other data (see Legal Notice).

The User declares to be over 18 years of age and have legal capacity to enter into contracts through this Website.

Underage access

This website is exclusively dedicated to persons of legal age, if the user is a minor, he/she must not access this website. Access, registration, navigation, use, accommodation, downloadofing of materials and in general the use of the services of the website by minors is not allowed. The user, by registering his age, represents responsibly and guarantees that he/she is at least 18 years old.

Other legislation

Conservas Manchegas Antonio, S.L. does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Conservas Manchegas Antonio, S.L. declines any liability that may arise from such access. The User may formalize, at his/her option, with  Conservas Manchegas Antonio, S.L. the contract of sale of the desired products in any of the languages in which these Terms are available on this Website.

 

3. Purchase or acquisition process

Users may purchase on the Website by the means and forms established. They must follow the online purchase and/or purchase procedure, during which the products can be selected and added to the cart, basket or final purchase space and finally click on “FINISH PURCHASE”.

Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the details of the purchase can be modified.

Next, the User will receive an email confirming that Conservas Manchegas Antonio, S.L. has received his order or purchase request, that is, the confirmation of the order. Where applicable, this information may also be made available to the User through his/her personal space to connect to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if he wishes, obtain a copy of his invoice on paper, requesting it from Conservas Manchegas Antonio, S.L. using the contact spaces on the Website or through the contact details provided.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are displayed next to the presentation or, where appropriate, image of it on its page of the Website, indicating , by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, product details, or characteristics and acknowledges that the placing of the purchase order or materializes the full and complete acceptance of the special conditions of sale applicable to each case.

Communications, purchase orders and payments involved during transactions made on the Website may be archived and kept in the computerized records of Conservas Manchegas Antonio, S.L. in order to constitute a means of proof of transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that in this regard are applicable, and particularly in accordance with the current regulations on data protection and the rights that assist Users in accordance with the Privacy Policy of this Website, Legal Notice and General Conditions of Use.

 

4. Availability

All purchase orders received by Conservas Manchegas Antonio, S.L. through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Terms) affects the provision of the same and/or the provision of the services. If there are difficulties in the supply of products or there are no products left in stock,  Conservas Manchegas Antonio, S.L. agrees to contact the User and refund any amount 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, unless, by legal requirement, especially as regards VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Conservas Manchegas Antonio, S.L. performs delivery and/or shipping services through prestigious transport companies.

In no case Conservas Manchegas Antonio, S.L. will add additional costs to the price of a product or service automatically, but only those that the User has chosen and chosen voluntarily and freely.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment shall be:

  • Direct bank transfer
  • REDSYS secure payment platform
  • Paypal

Conservas Manchegas Antonio, S.L. uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a Secure Socket Layer (SSL) secure payment system.

Credit cards will be subject to checks and authorizations by the bank issuing them, if the bank does not authorize the payment, Conservas Manchegas Antonio, S.L. will not be liable for any delay or non-delivery and may not enter into any contract with the User.

Once you can keep Manchegas Antonio, S.L. receive the purchase order from the User through the Website, a pre-authorization will be made on the appropriate 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.

In any case, by clicking “FINISH PURCHASE” the User confirms that the payment method used is his.g.

 

6. Delivery

In cases where the physical delivery of the contracted property is appropriate, deliveries will be made within the scope of the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union and international shipments.

Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products related to each purchase confirmation will be delivered to the time dislocated on the Website according to the shipping method selected by the User.

If for some reason, that was attributable to him, Conservas Manchegas Antonio, S.L. cannot meet the delivery date, will contact the User to inform him/her of this circumstance and, the latter may choose to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on weekdays.

If it is impossible to deliver the order in the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to make it delivered again.

If the User will not be at the place of delivery in the agreed time slot, he/she must contact Conservas Manchegas Antonio, S.L. to agree on delivery another day.

In case 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to Conservas Manchegas Antonio, S.L. ,  Conservas Manchegas Antonio, S.L. understand that the User wishes to withdraw from the contract and the contract will be deemed terminated. As a result of the termination of the contract, all payments received from the User will be returned to you, except for the additional expenses resulting from the User’s own choice of a delivery method other than the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Terms, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be credited by signing receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Conservas Manchegas Antonio, S.L. receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after full receipt of the amount subject to payment by  Conservas Manchegas Antonio, S.L.

 

7. Technical means to correct errors

The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Conservas Manchegas Antonio, S.L. through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided.

In any case, the User, before clicking “FINISH PURCHASE”, has access to the space, cart, or basket where their purchase requests are written down and can make modifications.

Likewise, the User is referred to consult the Legal Notice and Privacy Policy to obtain more information on how to exercise his right of rectification as established in the General Data Protection Regulation (EU) 2016/679 GDPR and l.O. 3/2018 for the Protection of Personal Data and Guarantee of Digital Rights LOPD-GDD.

 

8. Returns

In cases where the User acquires products on or through the Owner’s Website, a number of rights are provided to him/her, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, the right to withdraw from such purchase within 14 calendar days without justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the latter, other than the carrier, acquired the material possession of the goods acquired on the Website of Conservas Manchegas Antonio, S.L. or in the event that the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by the User, 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 his decision to Conservas Manchegas Antonio, S.L. It may do so, where appropriate, through the contact spaces enabled on the Website or through the email address:

atconsumidor@conservasantonio.com

The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally state that it is his intention to withdraw from the purchase contract. In any case, the User may use the model of withdrawal form that Conservas Manchegas Antonio, S.L. makes available to you as a party annexed to these Terms, however, its use is not mandatory.

In order to meet the withdrawal period, it is sufficient that the communication expressed unequivocally by the decision to withdraw is sent before the expiry of the corresponding period.

In case of withdrawal, Conservas Manchegas Antonio, S.L. will reimburse the User all payments received, including shipping costs and excluding return costs, without undue delay and, in any case, no later than 14 calendar days from the date on which  Conservas Manchegas Antonio, S.L. is informed of the decision to withdraw by the User.

Conservas Manchegas Antonio, S.L. will refund the User using the same payment method that this used to make the initial purchase transaction. This refund will not incur any additional costs to the User. However,  Conservas Manchegas Antonio, S.L. you may withhold such refund until you have received the products or items from the purchase, or until the User presents proof of the return thereof, depending on which condition is met first.

The User may return or send the products to Conservas Manchegas Antonio, S.L. in:

Conservas Manchegas Antonio, S.L. Ctra. de Torralba de Calatrava Km. 1,800. Industrial Polygon “El Salobral”. Cod. Postal 13260 from the town of Bolaños de Calatrava (Ciudad Real) Spain and must do so without undue delay and, in any case, no later than 14 calendar days from the date on which  Conservas Manchegas Antonio, S.L. was informed of the decision to desist.

The User acknowledges knowing that he/she must bear the direct cost of return (transportation, delivery) of the goods, if any are incurred. In addition, it shall 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 knowing that there are exceptions to the right of withdrawal. In an explanatory, and not exhaustive, this would be the case for: customized products, manufactured according to parameters requested by the customer; products that may deteriorate or expire rapidly, unsealed products as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

In any case, no refund will be made for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

In addition, the 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.

The Withdrawal Form Model can be downloaded at the following link:

Click here to download the file

Return of defective products or shipping error.

These are all cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, it must contact Conservas Manchegas Antonio, S.L. immediately and let you know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and informed to the User, within a reasonable time, if the refund is appropriate or, where appropriate, the replacement thereof.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is applicable.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including the 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, it will always be to the rights recognized in the legislation in force at all times for the User, as a consumer and user.

 

9. Warranties

The User, as a consumer and user, enjoys guarantees about the products that he/she can purchase through this Website, in the terms legally established for each type of product, responding to Conservas Manchegas Antonio, S.L. , therefore, for the lack of conformity thereof that manifests itself within two years of the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Conservas Manchegas Antonio, S.L. and possess the qualities presented in it; be suitable for the uses to which products of the same type are intended; and present the usual quality in a product of the same type. Where this is not the case with respect to the products delivered to the User, the User shall proceed as indicated in the section Return of defective products or error in shipment.

 

10. Disclaimer

Unless otherwise provided by law, Conservas Manchegas Antonio, S.L. will not accept any liability for the following losses, regardless of their origin:

  • any losses that were not attributable to any default on your part,
  • business losses (including loss of profits, revenue, contracts, planned 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 the two parties was concluded.

Likewise, Conservas Manchegas Antonio, S.L. it also limits its liability in the following cases:

  • Conservas Manchegas Antonio, S.L. 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 lack of screen resolution, or problems of the browser used or others of this nature.
  • Conservas Manchegas Antonio, S.L. will act with the utmost diligence in order to make available to the company in charge of the transport of the product that is the subject of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, withholdings on roads, and in general any other sector-specific, resulting in delays, losses or theft of the product.
  • Technical failures that, for incidental or other reasons, prevent a normal operation of the service through the Internet. Unavailability of the Website for maintenance or other reasons, which prevents the availability of the service. Conservas Manchegas Antonio, S.L. it puts all means at its disposal for the purpose of carrying out the process of purchasing, paying and shipping/delivery of the products, however, it disclaims liability for reasons that are not attributable to it, fortuitous case or force majeure.
  • Conservas Manchegas Antonio, S.L. will not be responsible for the misuse of the products that have been used by the User. At the same time,  Conservas Manchegas Antonio, S.L. nor will it be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • In general, Conservas Manchegas Antonio, S.L. no other breach or delay in fulfilling any of the obligations assumed, where it is due to events beyond our reasonable control, i.e. due to force majeure, and may include, but is not limited to:
    • Strikes, lockouts or other claiming measures.
    • Civil commotion, 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 to use trains, boats, aircraft, motor transport or other means of transport, public or private.
    • Impossibility to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period when the cause of force majeure continues, and Conservas Manchegas Antonio, S.L. will be extended in the time limit for meeting them for a period of time equal to the cause of force majeure. Conservas Manchegas Antonio, S.L. will put all reasonable means to find a solution that will allow us to fulfill our obligations despite the cause of force majeure.

 

11. Written communications and notices

By using this Website, the User accepts that most communications with Conservas Manchegas Antonio, S.L. electronic (e-mail or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that Conservas Manchegas Antonio, S.L. sends electronically comply with the requirements legal to be in writing. This condition will not affect the rights recognized by law to the User and at any time may request, through the contact modes the sending of documentation in paper format.

The User may send notifications and/or communicate with Conservas Manchegas Antonio, S.L. through the contact details provided in these Terms and, where applicable, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, Conservas Manchegas Antonio, S.L. you can contact and/or notify the User in your email or at the postal address provided.

 

12. Resignation

No resignation of Conservas Manchegas Antonio, S.L. to a specific legal right or action or the lack of injunction by  Conservas Manchegas Antonio, S.L. strict compliance by the User with any of its obligations will entail, neither a waiver of other rights or actions arising from a contract or the Terms, nor will the User waive the performance of its obligations.

No resignation of Conservas Manchegas Antonio, S.L. to any of these Terms or to the rights or actions arising from a contract shall take effect, unless expressly stated to be a waiver and formalized and communicated to the User in writing.

 

13. Nullity

If any of these Terms are declared null and void and void by a final decision issued by the competent authority, the remaining clauses shall remain in force, without being affected by such declaration of invalidity.

 

14. Full Agreement

These Terms and any documents expressly referred to herein constitute the entire agreement between the User and Conservas Manchegas Antonio, S.L. in connection with the object of sale and supersede any prior agreements, agreements or promises agreed orally or in writing by the same parties.

The User y Conservas Manchegas Antonio, S.L. acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Terms.

 

15. Data protection

The information or personal data that the User provides to Conservas Manchegas Antonio, S.L. in the course of a transaction on the Website, they will be treated in accordance with the provisions of the data protection policies (Legal Notice, Privacy Policy and Cookies Policy). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided are true.

 

16. Applicable law and jurisdiction

Access, navigation and / or use of this Website and contracts for the purchase of products through it will be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, navigation and / or use of the Website, or to the interpretation and execution of these Terms, or to the sales contracts between Conservas Manchegas Antonio, S.L. and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

17. Complaints and Complaints

The User can get to Conservas Manchegas Antonio, S.L. your complaints, complaints or comments that you wish to make through the contact details provided at the beginning of these Terms (General Information).

In addition, Conservas Manchegas Antonio, S.L. official complaint sheets are available to consumers and users, which they can request from  Conservas Manchegas Antonio, S.L. at any time, using the contact details provided at the beginning of these Terms (General Information). The user can download an official complaint form model through the website of the General Directorate of Consumer Affairs of each Autonomous Community.

In addition, the User as a consumer may request an out-of-court settlement of disputes through the European Commission’s dispute resolution platform. You can access this method through the website: http://ec.europa.eu/odr

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