E-COMMERCE (PRODUCTS). General terms and conditions
This contractual document shall govern the contracting of products and services through the website, Arvicacao S.L., hereinafter referred to as PROVIDER.
Acceptance of this document implies that the USER:
– You have read, understand and comprehend the above.
– A person with sufficient capacity to contract.
– It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods contracted by the USER is ARVICACAO S.L., with registered office: Cl Triunfo Nº2, 2º VIgo 36202, Pontevedra, España, NIF ESB27851922 y con teléfono de atención al cliente +34 630 93 31 17.
On the other hand, the USER, registered on the website 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 sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
Recruitment procedure
The USER, in order to access the services or products offered by the PROVIDER, must 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 processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a user name and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or of possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General terms and conditions.
2. Shipment of orders.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Applicable safeguards…
13. Minors.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulations made by the USER may differ from those of the PROVIDER if they have not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments will usually be made by transport agency according to the destination freely designated by the USER.
Delivery dates or deadlines shall be understood to be approximate, and delay shall not constitute a material breach. Orders after 12:00 noon on working days and orders on public holidays will be processed on the next working day.
We will provide a tracking number.
Shipping within Spain 48/72h
The PROVIDER shall not assume any responsibility when the delivery of the product does not take place due to false, inaccurate or incomplete data 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 on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
If, at the time of delivery, it becomes visible and clear, without the need to tamper with the delivery packaging or the product packaging itself, that a product is defective due to transport damage, or if it becomes apparent, in the same way, that there is an error in the goods received, the customer must notify us within 24 hours of receipt of the order.
4. COMPLAINTS
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: Cl Triunfo Nº2 2º Vigo 36202, Pontevedra, España
Phone: +34 630 93 31 17
Mail: info@arvicacao.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 recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order 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. Performance of the obligation shall be delayed until the case of force majeure has ceased.
6. COMPETENCE
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the PROVIDER’s Commercial Proposal stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail
Given the continuous technical advances and product improvements, 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 amendments shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affec
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
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 and ancillary services to the product or service purchased.
The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your 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 amount of the purchase. Prices may change daily until the order is placed.
All payments made to the PROVIDER shall be invoiced to the registered USER or to the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product to the e-mail address provided by the USER.
For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 987 66 00 05 or by e-mail at info@arvicacao.com.
9. TRANSPORT COSTS
Shipping to Spain (Peninsula)
Shipping will be 7,00€.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
Card payment
Payments can be made by credit or debit card, Visa and Master Card.
- We guarantee that every transaction made at Chocolates Santocildes is 100% secure. All operations involving the transmission of personal or banking data are carried out using a secure environment. Chocolates Santocildes uses a server based on standard SSL (Secure Socket Layer) security technology. All the information you transmit to us travels encrypted through the network.
- Likewise, your credit card details are not recorded in any database but go directly to the Bank’s POS (Point of Sale Terminal).
- In addition, we would like to inform you that in an effort to provide greater security for credit card holders, we have incorporated the secure payment system called CES (Comercio Electrónico Seguro) into our payment gateway. In this way, if you are a “secured” cardholder, you can always make payments with a VISA or MASTERCARD card in our shop.
- In the event that your card is not a member of this payment system, Chocolates Santocildes will only accept payment by VISA or MASTERCARD credit card for customers with a proven track record and reliability.
- In both cases, when paying by VISA or MASTERCARD, the following information will always be requested: the card number, the expiry date, and a Validation Code that coincides with the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction.
- Important : Credit card fraud is a criminal offence, and Chocolates Santocildes will prosecute anyone who makes a fraudulent transaction in our online shop.
Payment with PayPal
PayPal allows you to pay for your purchases with your debit card, credit card or bank account.
PayPal is safe: PayPal securely stores your financial information and protects it with market-leading security and fraud prevention systems. Moreover, your financial details are never shared with the seller.
PayPal is quick and easy: you don’t have to enter your card or bank account details to pay. You will only need your email address and a password.
11. PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalogue can be added to the basket. Here, only the items, the quantity, the price and the total amount will be noted. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details 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 by following the steps below for its correct formalisation:
1. – Verification of invoicing data.
2. – Verification of the shipping address.
3. – Selection of the method of payment.
4. – Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department.
Orders (purchase requests)
We will provide a tracking number.
We will provide you with a link to track your order online.
12. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided for. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive their right to any other forum, submitting themselves to the Courts and Tribunals closest to the town of Vigo, Pontevedra (Spain).