General Terms and Conditions

Gastronomicspain.com is a service owned and operated by Gastronomic Spain Food Company S.L., hereinafter referred to as Gastronomic Spain, with C.I.F. B44262293, with its fiscal adress at Pol. Ind. El Bony Calle 31, 120, 46470 Catarroja (Valenica), SPAIN and social address at Calle Joaquín Arnau 10 4C, 44001 Teruel (Teruel) Spain. Contact email: [email protected]

It is registered in the Commercial Registry of Teruel under sheet TE-5978, volume 260, folio 4 with entry number 1/2016/51, record 1/41/36. It has a sanitary registration number 40.078055/V with key 40, category: storage/distribution/transport/packaging and versatile importation, and activity 4/02.

These general conditions exclusively govern the sale by Gastronomic Spain of the products presented on its website www.gastronomicspain.com, and the products offered on www.gastronomicspain.com are primarily reserved for individuals.

Confirming an order for a product offered on the website www.gastronomicspain.com implies that the user expressly accepts these General Conditions without the need to sign to confirm acceptance.

By accepting this contract, the client declares:

a) that they are an adult and capable of contracting.

b) that they have read and accept these General Conditions.

1. THE USER

Access, navigation, and use of the Website confer the condition of user (hereinafter referred to, interchangeably, individually as User or collectively as Users), thus accepting from the start of browsing the Website all the Conditions set forth here, as well as their subsequent modifications, without prejudice to the application of the corresponding legally binding regulations according to the case.

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

Using this Website only to make legally valid inquiries and purchases or acquisitions.

Not making any false or fraudulent purchases. If reasonably deemed that such a purchase has been made, it could be annulled and relevant authorities would be informed.

Providing truthful and lawful contact information, for example, an email address, postal address, and/or other data.

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

2. PRICES

1.1 - The prices of the products offered are expressed in euros (€), including all taxes. Possible management and shipping costs are not included; their amount will be indicated at the time of the final confirmation of each order.

1.2 – Gastronomic Spain reserves the right to modify its prices, with the rates in force at the time the order is registered being applicable.

1.3 - The products will remain the property of Gastronomic Spain until their full price is paid to Gastronomic Spain.

3. PURCHASE AND ORDER PROCESS

Users can purchase on www.gastronomicspain.com through the means and forms established. They must follow the online purchase and/or acquisition procedure on www.gastronomicspain.com, during which several products can be selected and added to the shopping cart, and finally, click on: "Finish Order."

The User must fill in and check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that their order has been received, that is, the order confirmation. They will also be informed via email when their purchase is being shipped.

Once the purchase procedure has been completed, www.gastronomicspain.com will generate an electronic invoice that will be sent to the User by email. Likewise, the physical invoice (on paper) will accompany the order. Specifically, the physical invoice will be added to the box with which the order will be sent. The user, if he/she so wishes, can communicate and/or revoke his/her preferences about receiving the physical invoice to Gastronomic Spain Food Company SL. using the contact form or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product in question that are displayed alongside the presentation or, if applicable, the image of the product on its page indicating, by way of example but not exhaustive, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics; and acknowledges that placing the purchase order or acquisition materializes the full and complete acceptance of the particular sales conditions applicable to each case.

The communications, purchase orders, and payments involved in transactions carried out on www.gastronomicspain.com could be archived and preserved in the computerized records to constitute proof of the transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations concerning this matter, particularly concerning Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, and the rights conferred to Users under this Website's privacy policy.

Gastronomic Spain reserves the right to cancel or reject any order from a client with whom there is a dispute regarding the payment of a previous order.

Gastronomic Spain commits to accepting order requests according to the terms of the General Conditions presented here.

The client declares to know and accept these General Conditions before confirming their orders.

Order confirmation implies acceptance of these General Conditions. Unless proven otherwise, the data recorded by Gastronomic Spain constitutes proof of the set of transactions carried out between Gastronomic Spain and its clients.

Gastronomic Spain will always strive to manage all orders.

4. AVAILABILITY

Product and price offers are valid while they are displayed on the website www.gastronomicspain.com and always based on available stock.

In the event that the product is not available after processing an order, the customer will be informed by email or telephone of the possibility of waiting until stock is available or canceling that part of the order. In the latter case, the customer will receive a refund of the amount paid for the canceled product without any undue delay, and, in any case, before 7 calendar days have elapsed since the cancellation of the order.

5. PAYMENT

5.1 PAYMENT METHODS

Payment for any purchase on www.gastronomicspain.com can be made by credit/debit card (Visa, Mastercard, Visa Electron, and/or other similar cards), bank transfer to account ES07 0182 7710 4102 0867 8103, or via the PayPal system.

The charge will be made to the client's account after confirming the agreement between the payment centers.

All purchase transactions on www.gastronomicspain.com are conducted within a strict framework of confidentiality and encryption using SSL protocol. When you click the "Validate" or similar button during order confirmation, the bank verifies the validity of the credit/debit card number and checks that it is not blocked.

Gastronomic Spain does not have access to or store the client's or partner's banking data on its servers. For this reason, the client must provide them again each time they make a new purchase in our online store. This way, double protection against abuse and fraud is obtained.

5.2 SECURE PAYMENT

Following our commitment to payment security, we inform our clients that Gastronomic Spain verifies the reliability of the data provided during an order. This process is part of our fight against Internet payment fraud and to protect all consumers.

Gastronomic Spain uses a verification process to prevent the fraudulent use of our clients' banking data. For this reason, Gastronomic Spain reserves the right to request its clients send (by fax or postal mail) a copy of both sides of their national identity document, as well as proof of residence less than three months old. No order will be shipped before receiving and verifying these documents. The requested documents must be sent within six business days. Gastronomic Spain reserves the right to refund the order if it does not receive the aforementioned documents, or if they are not valid.

5.3 FRAUDULENT CARDS

This merchant commits to not allowing any illegal transactions or transactions considered by the credit card brands or the acquiring bank as potentially damaging to their goodwill or negatively impacting them. The following activities are prohibited under the credit card brand programs: the sale or offer of a product or service not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.

6. SHIPPING

Please consult our Shipping Policies to learn about delivery times and shipping rates.

7. CANCELLATION, WITHDRAWAL, AND RETURN

Gastronomic Spain reserves the right to cancel an order received, either partially or completely, in the following cases:

  • the ordered product is out of stock
  • no payment has been received for the order or only partial payment has been received. If canceling an order for which only partial payment has been received, the full amount received will be refunded to the same payment method used by the client.
  • the order does not comply with these General Conditions

The client has the right to withdraw from or return their order within 14 days of receiving it. For more information, please consult our Withdrawal and Return Policies.

8. WARRANTY

If you have received a wrong or defective product, we are very sorry. Please contact our customer service here (link to contact form) or through [email protected]. We will explain how to return it easily and for free. To expedite the process, please tell us which product and how many units are involved and send us photos of the defective or wrong products. This way, we can process your claim quickly.

For products received incorrectly, please contact our customer service here (link to contact form) or through [email protected]. To expedite the process, please tell us which product and how many units are involved and send us photos of the products. This way, we can process your claim quickly.

In the event of product unavailability, we will replace it or refund the full amount. If the refund is accepted, it will be made through the same payment method used by the client.

To return any product, it must be in perfect condition and with its original packaging.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Gastronomic Spain Food Company S.L. will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on your part;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, it also limits its liability in the following cases:

  • applies all measures to provide a faithful display of the product on www.gastronomicspain.com, however is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used. or others of this nature.
  • 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, we are not responsible for compliance with delivery times by the transport company as it is a service outside of our control. However, in the event of a delay due to the transport company, Gastronomic Spain Food Company SL will replace or return the products affected by such delays.
  • In general, it will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and This may include, but is not limited to:
      • o Strikes, lockouts or other protest measures.
      • o Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
      • o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
      • o Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
      • o Impossibility of using public or private telecommunications systems.
      • or Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Gastronomic Spain Food Company S.L. will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, it will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.

10. PRODUCTS

The products offered at Gastronomic Spain comply with current Spanish legislation and applicable norms in Spain.

Gastronomic Spain will do its best to ensure that photographic images of its products faithfully represent the products offered. Each product is also accompanied by an exact description of its main characteristics.

11. SALE OF ALCOHOLIC BEVERAGES

In accordance with current Spanish regulations, the sale of alcoholic beverages to minors under 18 is prohibited.

Gastronomic Spain only sells products to adults (18 years or older). The customer declares to be an adult (18 years or older) and capable of entering into a contract by accepting the General Conditions. Accepting the General Conditions is necessary to register and purchase at GastronomicSpain.com. Gastronomic Spain reserves the right to request a copy of a valid ID in case of doubt.

12. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is informed that if they detect an error in entering data necessary to process their purchase request on www.gastronomicspain.com, they can modify it by contacting through the contact form or using the contact details provided in the first clause, and, where applicable, through those enabled to contact customer service. Likewise, this information can also be corrected by the User through their customer area on www.gastronomicspain.com.

In any case, the User, before clicking on "My Account," has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy for more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

13. MODIFICATIONS

The information on www.gastronomicspain.com is current as of the date of its last update. Gastronomic Spain reserves the right to update, modify, or delete the information on this website.

This website may not be altered, changed, modified or adapted. However, Gastronomic Spain reserves the right to make, at any time, any changes and modifications it deems appropriate, and may make use of such power at any time and without prior notice, regarding the availability of its products and campaigns. Orders placed prior to said changes and modifications will not be affected by them.

Gastronomic Spain reserves the right to unilaterally modify the General Conditions, as well as the conditions and terms of use of this website. Any modifications will be announced conveniently. The entry into force of the modifications to the conditions of use will occur from the moment of their publication on this website. Orders placed prior to the modification of the conditions and terms of use will be exempt from said modifications.

14. PROTECTION OF PERSONAL DATA

The information or personal data that the User provides during a transaction on the Website will be treated in accordance with the Privacy Policy or data protection (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using www.gastronomicspain.com, the User consents to the processing of such information and data and declares that all information or data provided is truthful.

You can consult our Privacy Policy here.

15. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications will be electronic (email or notices posted on www.gastronomicspain.com).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent electronically comply with legal requirements to be in writing. This condition does not affect the User's legally recognized rights.

The User can send notifications and/or communicate with through the contact details provided in these Conditions and, where applicable, through the contact form on www.gastronomicspain.com.

Likewise, unless otherwise stipulated, may contact and/or notify the User via their email or postal address provided.

16. WAIVER

No waiver by to a specific right or legal action or the lack of requirement by for the strict performance by the User of any of their obligations will constitute a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from fulfilling their obligations.

No waiver by of any of these Conditions or rights or actions derived from a contract will be effective unless expressly stated to be a waiver and is formalized and communicated to the User in writing.

17. SEVERABILITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, unaffected by such declaration of nullity.

18. ENTIRE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and in relation to the subject matter of sale and supersede any other prior agreement, understanding, or promise agreed verbally or in writing by the same parties.

The User and acknowledge having 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 Conditions.

19. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of www.gastronomicspain.com and the product purchase contracts through it will be governed by Spanish legislation.

Any controversy, issue, or disagreement that arises or is related to access, browsing, and/or use of www.gastronomicspain.com, or with the interpretation and execution of these Conditions, or with the sales contracts between and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts.

20. COMPLAINTS AND CLAIMS

The User can submit their complaints, claims, or any other comment they wish to make through the contact form provided at the beginning of these Conditions (General Information).

Additionally, official complaint forms are available to consumers and users, which they can request at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if the conclusion of this purchase contract between and the User gives rise to a dispute, the User, as a consumer, may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can use the European Union's online dispute resolution platform here.