General terms and conditions of business
3. GENERAL TERMS AND CONDITIONS OF BUSINESS
These General Contracting Conditions, together with any specific conditions that may be established, expressly regulate the commercial relations between CAVIAR NACARII and the customers who purchase and sell the products offered through the online shop www.caviarnacarii.com.
CAVIAR NACARII may unilaterally modify, and at any time, any of the provisions contained in this text, either by eliminating, limiting or suspending them temporarily or permanently.
The present conditions have been drawn up in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Terms and Conditions of Business, Royal Legislative Decree 1/2007, approving the revised text of the General Law for the Defence of Consumers and Users, as last amended by Law 3/2014 of 27 March, Law 7/1996 on Retail Trade Management, Royal Decree-Law 14/1999 on Electronic Signatures, applicable legislation on the protection of personal data and any other legal provisions that may apply.
3.1.- Customers are informed that the procedures for purchasing our products will be those shown on the screen at all times and those described in these General Conditions. The customer declares that he or she is aware of and accepts these procedures as necessary to proceed with the purchase.
3.2.- The language in which the contract between CAVIAR NACARII and the customer will be executed is Spanish.
The online store is owned by SUCELLOS SC PISCIFACTORIAS LES, S.L.U. (referred to in these general terms and conditions of business as CAVIAR NACARII) with tax identification number B66445339, address at Calle Monte Esquinza 36, Bajo B Madrid and e-mail email@example.com. The details of registration in the Madrid Mercantile Register are: Volume 36816Sheet 31, Sheet M-659194.
PRODUCTS OFFERED. PURCHASING SYSTEM
3.3.- The customer may view in our online store, classified by categories and subcategories, all the products offered for purchase, which will appear along with their characteristics and price. Please note that the price of some of our products will vary depending on the weight desired.
All prices will be shown in Euros and include the applicable Value Added Tax (VAT) and/or any other applicable taxes. These prices will be those in force at all times, except for possible typographical errors.
CAVIAR NACARII reserves the right to decide at any time the products made available to customers through the online shop, either temporarily or permanently. In particular, CAVIAR NACARII may at any time add new products to those offered or included in the online store, it being understood that unless otherwise provided, such new products shall be governed by the provisions of these general conditions. CAVIAR NACARII also reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different types of products offered in the online store.
The products included in the online shop shall correspond in the most reliable way possible to the products actually offered by the web display technology. The characteristics of the products and their prices are detailed in the product sheet posted in the online shop. The photographs that appear in the online store are for information purposes only.
The product whose availability has been confirmed may be sold out during the purchase process, or delivery times may be delayed. As soon as CAVIAR NACARII becomes aware of any of the above circumstances, it will notify the customer by e-mail or telephone and the customer may choose to accept delivery of the product for the new period of time indicated, replace the product with a new one or, if the amount has been paid, proceed to return it within 14 days of the price paid.
Likewise, it reserves the right to unilaterally modify, without prior notice, the prices of the products as well as the establishment of temporary offers on them, however (except when the changes are due to the fact that the prices reflected are incorrect) such changes will not apply to orders that have been successfully placed and that have been confirmed by e-mail.
In the event of an error in the price of the Product in the online store, CAVIAR NACARII will proceed as follows:
- If the correct price is lower than the one shown in the online store, CAVIAR NACARII will charge the customer the lower of the prices and proceed with shipping the product.
- If the correct price is higher than the one shown in the online store, CAVIAR NACARII will contact the customer to decide whether to proceed with the order or cancel the order free of charge.
3.4.- To proceed with the purchase of the products, the customer must make a selection of the product/s he wishes to purchase, specifying their weight and quantity and clicking on”Add to Cart”. It should be borne in mind that depending on the type of product, quantity limits could be established for logistical reasons or stock availability.
Once the customer has selected the desired product(s), he can preview the shipping costs by clicking on”View Cart” and using the tool to”Calculate Shipping Costs”. To proceed with this calculation you will be asked for basic geographic information where you wish to receive your purchase to update the total order. For more information on shipping costs please refer to point 3.12 of these Terms and Conditions.
Once the requested data has been entered, the customer must click on”Update Totals” so that the tool can proceed to update the total price of the order. At this time, you can also apply any coupon authorized by CAVIAR NACARII to the total price by clicking on”Coupon” and entering the corresponding code.
The customer should note that the price shown on this screen is an estimate and constitutes only a non-binding preview based on the data provided. The price will be updated later in the Invoicing and Purchase Completion form.
INVOICING AND PAYMENT METHODS
3.5.- When the customer has clicked on”Buy”, if he has made the preview mentioned in the previous section, or has clicked directly on”Cashier” he will access the Invoicing panel.
3.6.- To proceed with the purchase, the customer will need to be registered with CAVIAR NACARII. In this regard, the customer will be asked to enter his or her personal data in the Billing form, which in turn will be used for registration. This way the system itself, for later purchases, will remember all your data when you enter your email address and password registered in the tab for customers.
If the customer has already registered with CAVIAR NACARII at an earlier time, he or she will be able to directly access the”Are you already a customer?” menu at the top of the screen, where he or she will be asked to provide the name of the customer or the e-mail address with which he or she identified himself or herself during the first purchase, as well as the password he or she registered with.
It is the customer’s obligation to properly safeguard his or her customer name or email address and password as they are identifying and enabling elements for the purchase of our products. In this regard, it undertakes not to cede its use or allow access to third parties, assuming responsibility for any damages that may arise from improper use of them. In the event of loss or theft, the customer must contact CAVIAR NACARII as soon as possible to avoid risks of unauthorized access.
Customers are informed that once registered, this data will be stored in our systems and may be modified at any time.
CAVIAR NACARII reserves the right to cancel the user name and password, and therefore the access to the online store, of those customers who maintain debit or unpaid balances.
3.7.- Once the invoicing form has been completed in accordance with the data requested therein and, if applicable, any coupon authorised by CAVIAR NACARII has been applied, the customer will have a summary of his order together with a breakdown of the final price of his order.
Payment will be made by credit or debit card and the customer may use VISA, VISA ELECTRON, MASTERCARD or AMERICAN EXPRESS.
At the time of purchase, the amount will be retained and the transaction will become effective upon completion of the order preparation to ensure that all products are available. The amount of products that, for any reason, are not available, will be deducted from the total amount withheld at the time of purchase.
The payment system is carried out by means of an electronic commerce payment gateway with the secure server certified according to the SSL protocol by Redsys available at Banco Sabadell. CAVIAR NACARII, therefore, does not have the bank details and, in particular, the credit card details of the customers of the online store.
3.9.- Once the purchase is made, the customer will receive a notification via email confirming the details of his order. Such confirmation shall constitute a copy of the contract between the parties. CAVIAR NACARII will file the electronic document in which the contract is formalised. In addition, the customer is entitled to receive an invoice for his purchases free of charge.
3.10.- When the amount of a purchase has been charged fraudulently or improperly using the payment card number, will entitle the buyer to demand the immediate cancellation of the charge. However, if the purchase has actually been made by the purchaser who holds the card and the demand for return is not the result of having exercised the right of withdrawal or resolution, the purchaser shall be liable to the employer for compensation for the damages caused as a result of such cancellation.
3.11.- CAVIAR NACARII guarantees the existence of all the products offered. However, if, at the time of preparation, the availability of a product cannot be guaranteed, the amount of the product will be paid out of the total amount of the economic transaction in the same way as the payment was made.
3.12.- Shipping costs will be borne by the buyer. In this regard, customers are informed that only shipments will be made within the Peninsula and Balearic Islands, excluding the Canary Islands, Ceuta and Melilla.
For those orders whose amount is equal to or greater than 150 € (VAT included), shipping will be free of charge. Otherwise, for those under €150 (including VAT), the cost will be determined geographically so that it will be:
– 15 € – Asturias, Cantabria Basque Country, Navarra, Aragon, Castilla y León, La Rioja, Madrid, Castilla la Mancha, Comunidad Valenciana, Murcia.
– 18 € – Galicia, Extremadura, Andalusia.
3.13.- CAVIAR NACARII undertakes to deliver the goods to the address provided on the billing form in accordance with the following rules:
– The shipments will only come from the Peninsula and Balearic Islands, excluding the Canary Islands, Ceuta and Melilla.
– Deliveries will be made from Tuesday to Friday through SEUR before 13:30 hours. However, due to exceptional circumstances or force majeure, this period may be extended.
In the event that the customer is not at home at the time of delivery, the company responsible for transport will leave an information note with a contact telephone number to arrange a second delivery.
All shipments will be made in compliance with the requirements of temperature and quality assurance so that the product arrives in optimum quality.
3.14.- The customer agrees to provide true and accurate information and declares that he is of legal age and has the legal capacity to contract the products offered in the online store.
3.15.- The customer agrees to be present at the time agreed for delivery or authorize a person of legal age to receive the order at the address provided on the billing form. In the latter case, CAVIAR NACARII will understand that the said person has been duly authorised and therefore this will be the sole responsibility of the purchaser.
In the event that the customer or the authorised person is not present at the time of delivery, the costs of reshipment shall be borne by the purchaser in the amounts indicated in section 3.12, without any possibility of free delivery depending on the amount ordered.
CAVIAR NACARII shall not be liable for any delay in the delivery of orders when such delay is the sole fault of the purchaser or the authorised person. If for any reason the customer cannot be present at the time of delivery, he or she should contact our customer service and information telephone number: 93.480.31.31 or via e-mail firstname.lastname@example.org to arrange another delivery day as specified in these Terms and Conditions.
At the time of delivery, the customer must sign the delivery note according to the order delivered and accepted. If the product has arrived in poor condition due to transport, the customer shall must be indicated on the delivery note and communicated to CAVIAR NACARII within 24 hours of receipt to our information and customer service telephone number, or by e-mail.
The buyer assumes the risks of deterioration, damage, loss and damage of the products of the order from the moment of delivery of the same in accordance with the procedure regulated in these Terms and Conditions. The customer shall be responsible for the storage and conservation of the products under the conditions, if any, established in their labelling.
The customer acknowledges and accepts that the use of the online store is at all times at his/her own risk and responsibility, and CAVIAR NACARII shall not be held responsible for any misuse or improper use that may be made of the online store. To this end, he will only be liable for damages that the customer may suffer from the use of the online store, when such damages are due to our willful misconduct.
In particular, CAVIAR NACARII shall not be liable for:
- The content of the sites linked through the links included within the online store.
- The online store may contain advertising content or be sponsored. In no event shall CAVIAR NACARII be liable for any inaccuracy, falsehood or irregularities in the advertising materials or sponsors.
- Damages of any kind caused to the customer’s computer equipment by viruses due to the fact that the customer is responsible for the availability of suitable tools for the detection and elimination of harmful electronic programs.
- Damages and losses suffered by the client that have their origin in the lack of veracity or accuracy of the information provided by the client.
- The damages suffered by the client for any decision taken by the client as a result of the information contained therein.
- Illegal, harmful or immoral contents, uses and good customs that are the responsibility of third parties.
WITHDRAWAL AND RETURNS
3.16.- The buyer will have a period of up to fourteen (14) calendar days from the receipt of the product to resolve the sale, without indicating any reason, or file a claim.
The right of withdrawal shall not apply, according to article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, to contracts relating to:
(i) The supply of goods that may deteriorate or expire rapidly.
(ii) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
And as in the remote delivery as well as in the physical store itself, the storage control is lost at the moment of delivery and can expire or deteriorate quickly the right of withdrawal will not be applicable. in any sale of any type of caviar, smoked sturgeon as well as the tasting pack containing caviar. It should also be mentioned that the right of withdrawal of 14 calendar days for bottles of cava will apply provided that they have not been opened / uncorked or removed the seal.
In relation to the cosmetic products offered by the online store (moisturizing cream, night facial serum, eye contour serum, caviar facial mask, caviar facial peeling, real natural caviar, etc.) may only be returned if they have not been opened and in their original packaging for hygienic reasons explained in point (ii) of this section. For non-excepted products, CAVIAR NACARII will only accept the exercise of the right of withdrawal of unused items, in perfect condition and with the original packaging, as well as the label intact on the product purchased. If the above conditions are not met, the return will be refused. CAVIAR NACARII will contact the customer to inform him that the return has been refused.
3.17.- For products not exempted according to the above rule, the buyer who wishes to exercise the right of withdrawal must notify CAVIAR NACARII of his decision to withdraw from the contract by sending an e-mail to the Customer Service Department at email@example.com or by sending a written communication to the Customer Service Department at CAVIAR NACARII’s address. To this end, CAVIAR NACARII provides buyers with a withdrawal form that must be completed and sent to CAVIAR NACARII through any of the options set out above. Once this communication has been made and received by CAVIAR NACARII, it will be acknowledged.
The returns of the orders will be processed through the telephone of attention to the client 93.480.31.31 or via electronic mail firstname.lastname@example.org, with the purpose of instrumentalizing the collection of the order in its domicile.
3.18.- In those orders where there has been a charge for home delivery according to the specifications of point 3.12 of these Terms and Conditions, the buyer will be responsible for the cost of return.
3.19.- The exercise of the right of withdrawal shall extinguish the obligations of the parties to perform the contract.
3.20.- CAVIAR NACARII will reimburse any payment received from the buyer, excluding delivery costs, without undue delay and in any event within 14 calendar days of the date on which the withdrawal was communicated by the same means of payment used by the buyer in the initial transaction. In the event of an unjustified delay on the part of CAVIAR NACARII in the return of the goods, the purchaser may demand payment of double the amount due.CAVIAR NACARII reserves the right to withhold the refund until it has received the goods, or until the consumer and customer have provided proof of return of the goods.
CAVIAR EXPERIENCE GIFT CARD
The Caviar Experience Gift Card will be supplied in a black gift envelope and a red ribbon and placed in a small postal package.
The gift card can be chosen as any of the products offered in the online store and included in the shopping cart. In the Caviar Experience section you can see the variety of options you can choose and if you want to customize your Caviar Experience you should contact us on 938099652.
The gift card has no expiration date.
INDUSTRIAL AND INTELLECTUAL PROPERTY
CAVIAR NACARII has obtained the corresponding licence for the exploitation rights in terms of intellectual, industrial and image property over the contents and available through the online store, including, but not limited to, the texts, graphic designs, drawings, source code, navigation structure, software, photographs, videos, sounds, databases, indexes, images, trademarks, logos, expressions and information and, in general, any other creation protected by national regulations and international treaties on intellectual and industrial property (hereinafter, jointly, the”Contents”).
All intellectual and industrial property rights over the Contents are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the online store, for public or commercial purposes, without the express prior written authorisation of the owner of the trademark or, where applicable, of CAVIAR NACARII of the rights to which they correspond.
The use, exploitation and/or unauthorized use of the Contents, as well as any act of a similar nature that may result in a breach of intellectual or industrial property rights, will give rise to the legally established responsibilities.
In accordance with current legislation on the Protection of Personal Data, we inform you that SUCELLOS SC PISCIFACTORIAS LES, S.L.U. with CIF: B 66445339 address at Calle Monte Esquinza 36, Bajo B Madrid and e-mail email@example.com telephone 938 099 652 treats the information you provide to us in order to provide you with the requested service and to bill you for it. The data provided will be retained for as long as the business relationship is maintained or for the years necessary to comply with legal obligations. The data will not be passed on to third parties unless there is a legal obligation to do so.
You have the right to obtain confirmation as to whether SUCELLOS SC PISCIFACTORIAS LES, S.L.U. is processing your personal data and therefore has the right to access your personal data, rectify inaccurate data, limit, cancel and request portability by sending a written request to the company to the e-mail address firstname.lastname@example.org or to the address C/Bori i Fontestà 4, 08021 Barcelona attaching a photocopy of your ID card or official document proving your identity. If you are dissatisfied with the way we treat your personal information, you may contact us at any time to resolve the matter. However, you always have the right to file a complaint with the Spanish Data Protection Agency.
4. COMMUNICATIONS/CUSTOMER SERVICE
4.1.- For the purposes of these Terms and Conditions, and for any communication that may be required between CAVIAR NACARII and the customer, these must be sent in writing to the Customer Service Department at the following address: Calle Federic Mompou nº 5, 3º 4ª 08960, Sant Just Desvern (Barcelona); by e-mail (sent a message) to email@example.com or by telephone to 93.480.31.31. CAVIAR NACARII’s communications to the customer will be made according to the data provided by the customer when registering on the website.
The customer expressly accepts for all communications related to the use of the website, and/or the purchase of products, the use of e-mail as a valid procedure for the sending of such communications.
5. APPLICABLE LAW. SUBMISSION TO JURISDICTION
5.1 These terms and conditions shall be governed by Spanish law, which shall be applicable to the provisions of this contract regarding interpretation, validity and performance.
5.2 In cases where the regulations provide for the possibility for the parties to submit to a jurisdiction, CAVIAR NACARII and the customer expressly renounce any other jurisdiction that may correspond to them and submit any disputes and/or litigation to the knowledge of the Courts and Tribunals of Barcelona to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.
In the event that the customer makes a claim against CAVIAR NACARII in relation to the product or the purchase process, the customer must address his or her claim to CAVIAR NACARII in writing to the address C/Bori i Fontestà 4, 08021 Barcelona, or by writing to us at the post office firstname.lastname@example.org. In the complaint, the customer must indicate at least:
- Your full name.
- Your contact details and DNI, Passport, NIE, TIE or any other valid document that identifies you.
- Full description of the claim and grounds for the claim.
- Documents on which to base your claim.
5.3 If the customer does not receive a response from CAVIAR NACARII within one (1) month from the date on which the claim is sent to CAVIAR NACARII or if the customer does not agree with the solution proposed by CAVIAR NACARII, in accordance with the provisions of Royal Decree 1/2007, the customer has the right to go to an alternative consumer dispute resolution entity (hereinafter,”ERALC”) accredited to act in Spain, in accordance with the procedure set out in Law 7/2017.
5.4 CAVIAR NACARII is not a member of any ERALC. In the event that the customer wishes to resolve a consumer dispute arising with CAVIAR NACARII through an ERALC, he or she must inform CAVIAR NACARII and the latter shall provide it with information on at least one ERALC that is competent to deal with the customer’s complaint, and CAVIAR NACARII shall also inform it whether it will participate in the proceedings before ERALC.
5.5 To resolve your complaint, the customer who has contracted online through the online shop owned by CAVIAR NACARII, has the right to go to the European Union’s online dispute resolution platform through the following link Online dispute resolution.
ANNEX. MODEL WITHDRAWAL FORM
(You only need to fill in and send this form if you wish to cancel the contract)
For the attention of SC PISCIFACTORIAS LES, S.L.U., with address at Calle Frederic Mompou, number 5, 3º 4ª in the town of Sant Just Desvern (08960, Barcelona) and e-mail email@example.com
I/we hereby inform you (*) that I/we hereby withdraw from our (*) contract for the purchase of the next item:
Order number …………………………… received on ……………………………
Name of buyer(s):
Address of the buyer or buyers:
Means by which payment was made:
Signature (if submitted on paper)