Terms and Conditions Shop

Updated 18/08/2020

Version: 2

In compliance with the duty of information contained in Article 10 of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, we inform you that the Web Site https://casacacaogirona.com  (hereinafter, the "Web") is owned by JOROFON, S.L. (hereinafter CASA CACAO), with registered office in C/. Can Sunyer, 46 de 17007 GIRONA (Girona – Spain), with NIF B-17412834.

CONDITIONS OF USE

These Conditions describe the terms applicable to the services and content offered through the website https://casacacaogirona.com and https://hotelcasacacao.com and regulate the legal relationship between JOROFON, S.L. and the customer.

The access to the web is free and gratuitous, the use of the Web supposes the acceptance without reserves of the totality of the Conditions of Use. If you are not in agreement with these conditions you must abstain from using this page.

The visit to the e-commerce site by the user must be made responsibly and in accordance with current law, good faith, these Conditions and respecting intellectual property rights owned by CASA CACAO or any other natural or legal persons.

The use of any of the contents of the website for purposes that are or could be illicit is strictly prohibited, as well as the performance of any action that causes or may cause damage or alterations of any kind not consented by CASA CACAO, to the e-commerce site or its contents.

The website and the products and services offered by JOROFON, S.L. It is aimed at adults with sufficient legal capacity to be bound by these Conditions of Use.

The placing of an order and its confirmation by the CLIENT implies full acceptance of these terms and conditions of sale, as well as the guarantee that they are over 18 years of age and that they have the necessary legal capacity to contract.

The website and the products, courses and services offered by JOROFON, S.L. is intended for persons of legal age with sufficient legal capacity to be bound by these Terms of Use. 

It is possible that the use of certain services or the contracting of certain goods or services is subject to special complementary conditions that require express consent and that will prevail in any case over the present general conditions.

VISIT THE WEBSITE

Without the need to register or make any purchase, CASA CACAO invites you to take a virtual tour of our website to get to know our products and services.

REGISTRATION OF USERS

The use of services provided by JOROFON, S.L. and purchase on the Web requires registration as a user on the Web. In order to complete the registration must provide a series of personal data that must be true and accurate. You can consult our privacy policy at the following link: https://casacacaogirona.com/en/content/3-privacy-policy.

Once the user has registered on the CASA CACAO website, with the username and password they have chosen, they can automatically access the account on the EL CELLER DE CAN ROCA website and vice versa.

In the case of a registered user with an active account, you must enter your email and password and the system will recognize your data.

You must also bear in mind that you can modify your personal data at any time, as well as exercise your rights of access, rectification, deletion, limitation and opposition in accordance with LO 3/2018 of 5 December, Data Protection and Guarantee of Digital Rights (LOPDGDD) and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).

ORDERS

Once an order has been placed, you will receive a message confirming receipt of the order as well as information on shipping and billing of the order placed.

METHOD OF PAYMENT

The purchase of services or products through CASA CACAO allows the following forms of payment:

• By VISA or MASTERCARD credit card (REDSYS secure e-commerce platform).

• By Paypal payment system.

• By credit card AMERICAN EXPRESS.

This data will not be stored or manipulated by CASA CACAO but will be registered directly on the payment gateway of the corresponding financial institution. For added security, we use a Secure E-Commerce authentication service established by Visa / Mastercard by which the user authenticates to their issuing entity and the trade is authenticated to their acquiring bank.

In order to guarantee the confidentiality and integrity of transactions, these are carried out through the SSL (Secure Socket Layer) protocol with 128-bit security keys.

In the event that the charge cannot be finally carried out (for any reason), the order will be automatically cancelled.

If you have any questions regarding the forms of payment you can contact us without any commitment.

LANGUAGE

At the informative and contractual level, the selected language of communication, Spanish.

(According to unique article 28 of Law 3/2014, of 27 March, which modifies article 98 of Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the General Law for the Protection of Consumers and Users and other complementary laws Article 98. Formal requirements for distance contracts 1. In distance contracts, the employer must provide the consumer and user, in the language used in the contract proposal or, in the language chosen for recruitment, and at least in Spanish).

This translation in English is only issued for reasons of convenience and in compliance with the right to information according to article 13 of EU Regulation 2016/679, of April 27, 2016 (RGPD) and article 11 of Organic Law 3/2018, of 5 December 2018 (LOPDGDD). In case of divergence or incompatibility between the English and Spanish versions of these general conditions of sale and use, the Spanish version will prevail.

PRICES

The prices of the products are those indicated in the description attached to them. All prices indicated in the product description are expressed in Euro (€) and include Value Added Tax (V.A.T.).

Prices are subject to change at any time. However, possible changes will not affect the products for which CASA CACAO has already made the shipment confirmation.

In accordance with current legislation, all purchases made from our website will be subject to value added tax for purchases made in mainland Spain and / or customs duties and expenses corresponding to the country from where the order is placed. The applicable rate will be the one legally in force at any given time.

SHIPPING COSTS

The purchase is subject to the payment of shipping costs, at the buyer's expense. The shipping costs will depend on the destination and the total amount of the order, the costs are automatically calculated for orders within Peninsular Spain and for some European countries (specified in the checkout process) and will be detailed throughout the purchase process, and you can check how much the shipping costs amount before to finalize the purchase.

For any order from outside Peninsular Spain or outside the list of European countries (specified in the checkout process), you must request the specific calculation of shipping costs to the e-mail info@casacacaogirona.com.

CONDITIONS OF SHIPMENT

The products offered are distributed to users in any country.

CASA CACAO will not be held responsible for the delay in the delivery of orders for reasons not attributable to it, as well as for fortuitous events or force majeure.

Delivery will be made through the logistics transport company that always designates CASA CACAO depending on the products purchased and the place of delivery.

CASA CACAO will inform the CUSTOMER by e-mail of the date of departure of the order from its warehouses.

Within 24 to 72 hours (Saturdays, Sundays and public holidays not included) from the date of confirmation of its shipment, the order will be delivered to the address indicated by the CUSTOMER. If the order is to be delivered outside of Peninsular Spain, the customer will be informed of the expected delivery date which will be a maximum of 4 working days.

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 CUSTOMER must specify in the delivery notes provided by the carrier (original and copy) any anomaly detected, sign them and notify this incident to CASA CACAO within a maximum period of 24 hours following receipt of the order.

Any claim related to transport notified after 24 hours of receipt of the order, will be rejected.

Delivery of the order is considered made at the time it is made available to the CUSTOMER and CASA CACAO is exempt from any liability for loss, theft, or impairment from that time.

CASA CACAO will not be responsible for errors or damage caused in delivery when the delivery address provided by the CUSTOMER does not match the place of delivery desired by the same.

• The loss or deterioration of the goods during transport will not be the responsibility of CASA CACAO, but of the transport agency itself.

AFTER-SALES SERVICE

In the event of an incident, duly notified and approved by CASA CACAO, the best way to resolve it will be agreed with the customer.

The User will be entitled to a refund of the price, shipping costs and shipping costs of the return of defective Products or Products delivered if they do not correspond to the order placed by User, in accordance with applicable law.

In these cases, the return of the Products to CASA CACAO can be made by contacting our Customer Service. In the case of return of defective products, or that do not correspond to the order placed by the user, CASA CACAO will bear the transport costs of the return of the products, provided that the return is made from the Peninsular Spanish Territory or Mallorca.

CELLER DE CAN ROCA is not obliged to indemnify the user or third parties for the consequences of using the product, whether direct or indirect damage, accidents suffered by people, damage to property outside the product, loss of profit or lost 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 27 March, which modifies the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 of November, CASA CACAO informs them that the CUSTOMER has the possibility of withdrawing from the purchase without the need for justification within a maximum period of fourteen (14) calendar days from receipt of the order.

The CUSTOMER may exercise their right of withdrawal if their order is in the process of preparation and has not yet been sent, sending the written confirmation of withdrawal to info@casacacaogirona.com  indicating in the subject the online order number.

It will NOT be possible to exercise the right of withdrawal on the basis of the exception provided for in Article 103.d) of Law 3/2014, Exceptions to the right of withdrawal: The right of withdrawal will not be applicable to the contracts concerned to:

c) The supply of goods made in accordance with the specifications of the consumer and user or clearly customized.

d) The supply of goods that may deteriorate or expire quickly.

To exercise the right of withdrawal, the CUSTOMER will notify CASA CACAO of its decision to withdraw from the contract, either by any type of communication of such decision that allows to accredit the content and receipt of the same by CASA CACAO, or you can use the form model whose text is reproduced below, although its use is not mandatory. 

CASA CACAO will acknowledge receipt of the same without delay by the same means that the CUSTOMER has used to send this withdrawal.

(Just fill out and submit this form if you wish to withdraw from the contract)

To the attention of JOROFON, S.L., with registered office at C /. Can Sunyer, 46 de 17007 GIRONA (Girona - Spain) and e-mail info@casacacaogirona.com.

I hereby inform you that I am withdrawing from the subscription contract corresponding to the month __________________________ and onwards, contracted on ___________.

CUSTOMER Name: ____________________

CUSTOMER'S addresses: ____________________________

CUSTOMER's signature (only if this form is presented on paper):

Date: ___________

REIMBURSEMENT POLICY

In the event that a refund is to be made, CASA CACAO will manage the refund of the amount paid using the same payment system used by the CUSTOMER within a period not exceeding 14 calendar days from the confirmation of acceptance of the same by CASA CACAO.

If you have problems with products or services purchased on this website, you can file a complaint through the European Union's dispute resolution platform. CASA CACAO reserves the right to refuse to accept the claim submitted through the platform.

USER ATTENTION

To contact CASA CACAO for any questions, you can contact our Customer Service by:

PHONE: +34 972 905 905 

EMAIL: info@casacacaogirona.com

NULLITY AND INEFFECTIVENESS OF CLAUSES

If any clause included in these Conditions were to be declared totally or partially null and void or ineffective, such nullity or ineffectiveness would only affect that provision, subsisting the present General Conditions in everything else, such provision being considered not included.

APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

These conditions are governed by Spanish law. CASA CACAO and the user agree to submit any disputes that may arise in relation to the contracting of products or services subject to these General Conditions to the Courts and Tribunals of the User's domicile.