Terms and conditions of sale.
Updated on 05/06/2020
This document regulates the terms and conditions of use of the website www.casacacaogirona.com and the commercial relationship that arises between JOROFON, S.L. (hereinafter CASA CACAO) - CIF: B-17412834 and the user (hereinafter CLIENT) who makes an electronic purchase of the products that appear in it.
Placing an order and confirming it by the CLIENT implies full acceptance of these terms and conditions of sale, as well as the guarantee that the CLIENT is over 18 years of age and has the legal capacity to contract.
CASA CACAO undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to harm or negatively influence their goodwill. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws of the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: "Sale of alcoholic beverages to minors under the age of 18".
All the products offered in the CASA CACAO online store are aimed at end consumers under the terms and conditions provided by the Retail Trade Law and cannot be sold to third parties.
Visit the website
Without registering or making any purchase, CASA CACAO invites you to take a virtual tour of our website to learn about all of our products.
TERMS AND CONDITIONS OF SALE
Likewise, you must take into account that at any time you can modify your personal data, as well as exercise the rights of access, rectification, deletion, limitation and opposition in accordance with LO 3/2018, of December 5, on Data Protection. and Guarantee of Digital Rights (LOPDGDD) and 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 treatment of personal data and the free circulation of these data (RGPD).
If you are ordering for the first time, you will be asked to register as indicated in the previous paragraph and by entering an email and password.
In the case of a registered user with an active account, you must enter your e-mail and password and the system will recognize your data.
Once the account is activated, you can browse the website until you find the desired article. By clicking on it, you will access all the detailed information and, if you wish, add it to the shopping cart.
Finally, confirming the shopping basket, the total price of the order will be indicated, including VAT and shipping costs.
In the maximum term of 24 hours from the confirmation of the payment of the order the CLIENT will receive the confirmation of preparation of the same by email to the e-mail address provided.
The user can request an invoice by sending an e-mail to email@example.com, providing the order number and the billing information.
Once the order is prepared, it can be picked up at our facilities or delivered to your home by carrier. If the CLIENT has chosen to collect it himself, he will be notified by email of the collection date and time. If you have chosen the home delivery service, you will be notified via email of the date of departure of the order from the CASA CACAO facilities.
All orders are subject to product availability. If when ordering any of them is not available, the CLIENT will be informed as soon as possible through the contact form that has been provided to us to agree on the solution that best suits their needs.
The products offered are distributed to users in any country.
The price of each product is duly indicated on its corresponding information page.
All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT) without taking into account possible shipping costs.
All this is detailed and calculated automatically during the purchase process and must be accepted by the CLIENT before placing the order.
Prices can change at any time. However, possible changes will not affect the products for which CASA CACAO has already made the shipping confirmation.
In accordance with current legislation, all purchases made from our website will be subject to value added tax. The applicable rate will be the one legally in force at all times.
Payment of the purchased product may be made:
A) By credit / debit card VISA or MASTERCARD (Redsys secure electronic commerce platform).
The charge will be carried out in real time through this payment gateway. In the event that the charge cannot be carried out finally (for any reason), the order will be automatically canceled.
These data will not be saved or manipulated by CASA CACAO, but will be registered directly on the payment gateway of the corresponding financial institution. For greater security, we use a Secure Electronic Commerce authentication service established by Visa / Mastercard whereby the user authenticates himself before his issuing entity and the commerce authenticates himself before his acquiring bank.
In order to guarantee the confidentiality and integrity of the transactions, these are carried out through the SSL (Secura Socket Layer) protocol with 128-bit security keys.
B) Through the Paypal payment platform.
If you have any questions regarding payment methods, you can contact us without any commitment.
Home delivery service
CASA CACAO will inform the CLIENT by e-mail of the date of departure of the order from the CASA CACAO warehouses. Within a period of between 24 and 72 hours (Saturdays, Sundays and holidays not included) from the date of confirmation of shipment, the order will be delivered to the address indicated by the CLIENT.
All shipments will be made through the most appropriate logistics operator depending on whether or not the order requires specialized refrigerated transport to ensure that the cold chain is maintained.
At the time of delivery of the order, the CUSTOMER must verify and check the status of the delivered goods, sign the delivery note and request a copy from the carrier.
In case of incidence due to lack of merchandise, lack of packages, damage to the packaging or others; the CLIENT must specify in the delivery notes provided by the carrier (original and copy) any anomaly detected, sign them and notify CASA CACAO of said incident within a maximum period of 24 hours after receipt of the order.
Any claim related to transportation notified after 24 hours of receipt of the order, will be rejected.
The delivery of the order is considered made at the time it is made available to the CLIENT and CASA CACAO is exempt from any responsibility for loss, theft or impairment from this moment.
CASA CACAO is not responsible for delays caused by causes beyond its management or due to force majeure.
CASA CACAO will not be responsible for errors or damages caused in the delivery when the delivery address provided by the CLIENT does not match the delivery location desired by it.
The loss or deterioration of the merchandise during transport will not be the responsibility of CASA CACAO, but of the transport agency itself.
Shipping costs are automatically calculated during the purchase process and are duly specified before payment of the order for Peninsular Spain orders. For any order from outside mainland Spain, they must request the specific calculation of shipping costs to the email firstname.lastname@example.org.
CASA CACAO will not accept product returns. In the event of an incident, duly notified and approved by CASA CACAO, the best way to resolve it will be agreed with the client.
CASA CACAO is not obliged to compensate the user or third parties for the consequences of the use of the product, whether direct or indirect damage, accidents suffered by people, damage to property other than the product, loss of profit or loss of profit.
The photographs of the products that appear on the website are the property of CASA CACAO and are not binding.
Right of withdrawal
In compliance with Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, CASA CACAO informs you that given the type of products the right of withdrawal will not be applicable.
Article 102.1 -With the exceptions provided for in article 103, the consumer and user will have the right to withdraw from the contract for a period of 14 calendar days without indicating the reason and without incurring any cost other than those provided for in articles 107.2 and 108.
Article 103 - The right of withdrawal will not be applicable to contracts that refer to:
d) The supply of goods that may deteriorate or expire quickly.
Exceptionally, the CLIENT may exercise their right of withdrawal as long as their order is in the process of preparation and has not yet been sent, by contacting CASA CACAO +34 972 28 28 28 to notify them and subsequently sending the confirmation of withdrawal in writing to email@example.com indicating in the subject the online order number.
In the event that a refund must be made, CASA CACAO will manage the return of the amount paid through the same payment system used by the CLIENT within a period not exceeding 14 calendar days from the confirmation of acceptance by CASA CACAO.
To contact CASA CACAO for any question, you can contact our Customer Service by communicating to:
BUSINESS NAME: JOROFON, S.L.
COMMERCIAL NAME: CASA CACAO
ADDRESS: C /. Can Sunyer, 46
POPULATION: 17007 GIRONA
PHONE: +34 972 22 21 57
Spanish legislation will apply to this contract. The parties agree to submit to the Courts and Tribunals of Girona for the resolution of any controversy, conflict or claim derived from this contract, expressly waiving any other jurisdiction that may correspond to them.
Modification of the conditions of sale
The right to make changes at any time on the website, in the policies, terms and conditions, including these Conditions of Sale, is reserved.
The CLIENT will be subject to the terms, conditions and policies in force at the time of placing the order unless, by law or at the request of the public authorities, a change is made in these that should be applicable to any order previously made.
If any of these conditions is declared invalid, null or for any ineffective cause, this condition will be understood to be excluded without this declaration affecting the validity or enforceability of the other conditions.
In case of partial nullity, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Conditions of Sale.
The non-exercise by CASA CACAO of any right derived from these Conditions of Sale shall not be construed as a waiver of this right, unless expressly and in writing waived by CASA CACAO or prescription of the action that in each case corresponds.