TERMS & CONDITIONS
This contractual document will govern the General Conditions for contracting products or services (hereinafter, "Conditions") through the website casa-de-trufas, property of CASA DE TRUFAS, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Web.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the moment of placing the order will be applicable. The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
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Has read, understands and comprehends what is set forth herein.
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Is a person with sufficient capacity to contract.
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Assumes all the obligations set forth herein.
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These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is CASA DE TRUFAS with customer/USER service telephone number +34 609 447 694.
On the other hand, the USER, registered in the web site by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service.
Contracting procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance 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 the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or possible access by an unauthorized third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Sending orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the bid.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Applicable warranties.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall imply 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. SHIPMENT OF ORDERS
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.
CASA DE TRUFAS ships throughout Europe.
Failure to execute the contract at a distance
The delivery dates or deadlines will be understood to be approximate, not constituting the delay an essential breach. In case the PROVIDER has not delivered the goods, 30 days after the agreed delivery date, due to lack of availability of the product or service, the USER must be informed and will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of that amount.
The delivery time is usually between 2 and 3 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
It is the USER's responsibility to check the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.
In the event that the contracting does not involve the physical delivery of any product, but an activation of some services, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim the possible vices or defects of the product or service, both online and offline.
The USER has a period of 14 calendar days, counted from the date of receipt of the product, to return the product (Article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs relating to shipping will be borne by the USER. The product must be returned in its original packaging and in perfect condition and, in case of provision of a service, from the same day of activation and/or download of the same.
The right of withdrawal shall not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original packaging or if it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to demonstrate that it has not been used.
4. When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014, of 27 March.
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In the supply of products whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
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In the supply of products made according to the USER's specifications or clearly personalized.
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In the supply of products that may deteriorate or expire rapidly.
All returns must be communicated to the PROVIDER, requesting a return number by
e-mail to info@casa-de-trufas.com, indicating the corresponding invoice or order number.
Once the USER has received the return number, he/she shall send the product to the PROVIDER, indicating this number on the letter of shipment, with the transport costs at his/her expense and to the address indicated by the PROVIDER via e-mail. The reimbursement shall be made
4. CLAIMS
Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Phone: +34 609 447 694
E-mail: info@casa-de-trufas.com
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally 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 shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the force majeure event has ceased.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
Should any provision of these conditions be considered null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of CASA DE TRUFAS or to what is stipulated herein, will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the e-mail address provided by the USER.
For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number +34 609 447 694 or via e-mail to info@casa-de-trufas.com.
9. TRANSPORT COSTS
The prices do not include shipping or communication costs, nor installation or unloading costs, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the time of saving the basket.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following methods of payment for an order:
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Debit and credit card
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PayPal
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Apple Pay
Security measures
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them.
The following activities are prohibited under the card brands' programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Cart (quotation simulation)
Any product from our catalog can be added to the basket. In this one, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order following the next steps for its correct formalization:
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Verification of the shipping address.
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Selection of the payment method.
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Verification of the invoicing data.
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Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another one to the USER's e-mail confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Law 23/2003, of July 10, of Guarantees of sale of consumer goods:
I) Conformity of the products with the contract.
1. Unless proven otherwise, it shall be understood that the products are in conformity with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case any of them is not applicable:
a) They conform to the description and qualities manifested by CASA DE TRUFAS.
b) They are suitable for the uses to which the products of the same type are ordinarily destined.
c) Are suitable for any special use required by the client when he has made it known to CASA DE TRUFAS at the time of the conclusion of the contract, provided that the client has admitted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the client can reasonably expect, taking into account the nature of the product and, if applicable, the descriptions of the specific characteristics of the products made by CASA DE TRUFAS.
e) CASA DE TRUFAS describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so that it is not bound by these public declarations.
2. The lack of conformity resulting from an incorrect installation of the product will be equivalent to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by CASA DE TRUFAS or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. There will be no liability for lack of conformity that the USER knows or could not have been unaware of at the time of the conclusion of the contract or that have their origin in materials supplied by the USER.
II) LIABILITY OF THE PROVIDER and rights of the USER
CASA DE TRUFAS will be liable before the USER for any lack of conformity existing at the time of delivery of the product. CASA DE TRUFAS recognizes the USER the right to repair the product, to its replacement, to the reduction of the price and to the termination of the contract. In accordance with article 6 of the Civil Code, any prior waiver of the USER's rights or acts carried out in fraud will be null and void.
III) Repair and replacement of products
1. If the product is not in conformity with the contract, the USER may choose between demanding repair or replacement of the product, unless one of these options proves impossible or disproportionate. From the moment the USER communicates to CASA DE TRUFAS the option chosen, both parties must abide by it. This decision of the USER is without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of remedy that imposes on HOUSE OF TRUFFLES costs that, in comparison with the other form of remedy, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be carried out without major inconveniences for the USER, will be considered disproportionate.
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IV) Rules for repair or replacement of the product
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the USER. This free of charge will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They will be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the computation of the periods referred to in Article VII. The period of suspension will start from the moment the USER places the product at the disposal of CASA DE TRUFAS and will end with the delivery to the USER of the repaired product. During the six months following the delivery of the repaired product, CASA DE TRUFAS will respond for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the periods referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article VII shall be applicable to the substitute product.
e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of article IV, or a price reduction or the termination of the contract under the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract, and the value that the product actually delivered had at the time of delivery.
VII) Deadlines
CASA DE TRUFAS will be liable for any lack of conformity that becomes apparent within a period of two years from delivery. In the case of second hand products, CASA DE TRUFAS and the USER may agree on a shorter term, which cannot be less than one year from delivery.
1. Unless there is evidence to the contrary, it will be presumed that the lack of conformity that becomes apparent in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years from the delivery of the product.
4. The USER must inform CASA DE TRUFAS of the lack of conformity within a period of two months from the time he/she became aware of it.
5. Unless there is evidence to the contrary, it will be understood that the USER's communication has taken place within the established term.
VIII) Action against the producer
When it is impossible for the USER to contact CASA DE TRUFAS due to lack of conformity of the products with the purchase contract, the USER will be able to claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice that the responsibility of the producer ceases, in the same terms and conditions as those established for CASA DE TRUFAS, the producer will respond for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
The producer is understood to be the manufacturer of a product or the importer of the same in the territory of the European Union, or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign.
Whoever has responded to the USER, shall have a period of one year to repeat responsible for the lack of conformity. This period shall be calculated from the time of completion of the remedy.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services object of these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals in Spain.