Conditions of Sale and shipments

GENERAL CONDITIONS OF SALE

Conditions of Sale and shipments

GENERAL CONDITIONS OF SALE

www.tiendafrutasloscursos.com

1. GENERAL INFORMATION

The ownership of this website www.tiendafrutasloscursos.com, (hereinafter Website) is held by: Mr. Antonio Rodríguez Antequera, with NIF: B18356303, and whose contact details are:

Address: C/Laderas de Castelar, 46. 18690 - Almuñécar (Granada)

Contact phone: 667 791 879

Contact email: contacto@tiendafrutasloscursos.com

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.tiendafrutasloscursos.com) and the purchase or acquisition of products and/or services therein (hereinafter , Terms).

For the purposes of these Conditions, it is understood that the activity that Tienda Frutas Los Cursos develops through the Website includes:

Marketing of fruits: custard apples, avocados, guacamoles, mangoes, sauces and mango and custard apple drinks.

In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and privacy policy. data protection of Tienda Frutas Los Cursos. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with everything Therefore, you must not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the time the acquisition of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), for which reason, from the start of browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

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

Make use of this Website only to make legally valid inquiries and purchases or acquisitions.

Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed.

Provide true and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

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

The User may formalize, at their choice, with Tienda Frutas Los Cursos the sales contract for the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.tiendafrutasloscursos.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: " CHECKOUT"

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

Next, the User will receive an email confirming that Tienda Frutas Los Cursos has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User can, if they wish, obtain a copy of their paper invoice, requesting it from Tienda Frutas Los Cursos using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, an image of it on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and/or o cost of benefits; and acknowledges that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Tienda Frutas Los Cursos in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights,and the rights that assist Users in accordance with the privacy policy of this Website.

The images shown on the web of the different references (products) are a presentation suggestion, so the product that is sent may be different from said image.

4. AVAILABILITY

All purchase orders received by Tienda Frutas Los Cursos 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 Conditions) affects their supply and/or or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Tienda Frutas Los Cursos undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are shown WITHOUT VAT, which will be applied at the time of finalizing the purchase, depending on the country where it is sent, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Tienda Frutas Los Cursos performs delivery and/or shipping services through: SEUR.

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

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

The accepted means of payment will be: Credit or debit card, and PayPal

Likewise, the User may pay all or part of the purchase price with a gift card and/or a subscription card issued by Tienda Frutas Los Cursos and/or D. Antonio Rodríguez Antequera.

Tienda Frutas Los Cursos 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 payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Tienda Frutas Los Cursos will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the user.

Once Tienda Frutas Los Cursos receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, in the established place.

If the payment method is PayPal, gift card or credit card, the charge will be made at the time that Tienda Frutas Los Cursos sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "FINISH PURCHASE" the User confirms that the payment method used is theirs, or that, where appropriate, they are the legitimate owner of the gift card or credit card.

6. DELIVERY

In the cases in which it is appropriate to carry out the physical delivery of the contracted good, the deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands), European Union.

Delivery times in Spain are 24 - 48 hours in Spain, counted in business days, except for those products that are specified otherwise. Business days do not include Saturdays, Sundays or holidays. It will be fulfilled as long as the order is received before 12:00 p.m. and conditioned to the receipt and/or confirmation of payment. The Balearic Islands are excluded, the term of which will depend on the conditions of transport. We do not ship to the Canary Islands, Ceuta or Melilla.

Delivery times for shipments outside of Spain (EU) will be from 2 to 5 days depending on the destination country. International orders ship on Mondays.

EU destination countries: Portugal, France, Germany, Austria, Belgium, Italy, Holland, Luxembourg, Netherlands, Luxembourg, Denmark, Czechia, Slovenia, Finland, Poland and Sweden.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, which was attributable to it, Tienda Frutas Los Cursos could not meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

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

For the purposes of these conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the user or a third party indicated by the user acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Tienda Frutas Los Cursos, Tienda Frutas Los Cursos will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

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

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the 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 Tienda Frutas Los Cursos 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 the full receipt of the amount to be paid by Tienda Frutas Los Cursos.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at all times depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of November 28, 2006 on the common VAT system, purchase orders will be located, for their delivery and/or provision , in that Member State of the European Union where the address that appears in the purchase order is located and, therefore, the applicable VAT will be that in force in said Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify the same by contacting Tienda Frutas Los Cursos through the spaces of contact enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.

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

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain 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 natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Website of Tienda Frutas Los Cursos or in the event that the goods that make up your order are delivered separately, 14 calendar days after the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the In the case of a service contract, 14 calendar days from the day the contract is signed.

To exercise this right of withdrawal, the User must notify their decision to Tienda Frutas Los Cursos. He may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. They can do so through the Website or through a withdrawal form that we can send you via email, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding term expires.

In case of withdrawal, Tienda Frutas Los Cursos will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website ) without any undue delay and, in any case, no later than 14 calendar days from the date on which Tienda Frutas Los Cursos is informed of the decision to withdraw by the User.

Tienda Frutas Los Cursos will reimburse the User using the same payment method used to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Tienda Frutas Los Cursos could withhold said refund until it has received the products or items of the purchase, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Tienda Frutas Los Cursos at: C/Laderas de Castelar, 35. 18690 - Almuñécar (Granada)

And you must do so without undue delay and, in any case, no later than 14 calendar days from the date that Tienda Frutas Los Cursos was informed of the withdrawal decision.

The User acknowledges knowing that he must assume the direct cost of returning (transportation, delivery) of the goods, if any were incurred. In addition, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Unwrapped music or video CDs/DVDs as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by Tienda Frutas Los Cursos, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, 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.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, he should contact Tienda Frutas The Courses immediately and let you know the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

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

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 proceeds.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always be respected.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, with Tienda Frutas Los Cursos responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Tienda Frutas Los Cursos and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured,and that therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Tienda Frutas Los Cursos will not accept any responsibility for the following losses, regardless of their origin:

any losses that were not attributable to any breach by you;

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

Likewise, Tienda Frutas Los Cursos also limits its liability in the following cases:

Tienda Frutas Los Cursos applies all measures related to providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that may occur. use or others of this nature.

Tienda Frutas Los Cursos will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages resulting from a malfunction of transport, especially due to causes such as strikes, road retentions, and in general any others typical of the sector, which result in delays, losses or theft of the product.

Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Tienda Frutas Los Cursos puts all the means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the products, however it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure .

Tienda Frutas Los Cursos will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Tienda Frutas Los Cursos will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

In general, Tienda Frutas Los Cursos will not be held responsible for any breach or delay in complying with any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force major, and this may include, by way of example but not exhaustive:

Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

Inability to use public or private telecommunication systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Tienda Frutas Los Cursos will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Tienda Frutas Los Cursos will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES

Through the use of this Website, the User accepts that most of the communications with Tienda Frutas Los Cursos are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Tienda Frutas Los Cursos sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Tienda Frutas Los Cursos through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Tienda Frutas Los Cursos may contact and/or notify the User by email or at the postal address provided.

11. DISCLAIMER

No waiver by Tienda Frutas Los Cursos of a specific right or legal action or lack of requirement by Tienda Frutas Los Cursos of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or of the Conditions, nor will it exonerate the User from the fulfillment of its obligations.

No waiver by Tienda Frutas Los Cursos of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Tienda Frutas Los Cursos in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing. for the same parts.

The User and Tienda Frutas Los Cursos acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Tienda Frutas Los Cursos in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate , in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Tienda Frutas Los Cursos and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send their complaints, claims or any other comments they wish to make to Tienda Frutas Los Cursos through the contact information provided at the beginning of these Conditions (General Information).

In addition, Tienda Frutas Los Cursos has official claim forms available to consumers and users, and which they can request from Tienda Frutas Los Cursos at any time, using the contact information provided at the beginning of these Conditions (General Information ).

Likewise, if a dispute arises from the conclusion of this purchase contract between Tienda Frutas Los Cursos and the User, the User as a consumer may request an out-of-court dispute settlement, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.