Terms and Conditions

This website is part of the project launched by the Council of Malaga "Program to Promote the Agri-Food Productive Sector and Retail Market through New Channels in the Province of Malaga".

This virtual space or store (hereinafter referred to as the "Online Store") located in the web-platform www.shoppingsaboramalaga.com/grupoborgenos/ (hereinafter, the "Web-Platform") allows the promotion and sale of products and services from one of the enterprises participating in the above-mentioned project (hereinafter, the "Selling Part/s"). Diputación de Málaga is excluded from this relationship and thus freed from commercial and legal responsibilities that it entails.

The present Terms and Conditions aim to regulate the system for acquiring products and/or services offered and commercialised by the Selling Part through the Online Store, and it constitutes the legal framework within which the contractual relationship between the Selling Part and each Customer is established.

For the above purpose, Customer shall be considered anyone who browses the Online Store, especially those who reserve or buy products and/or services offered by the Selling Part through the Online Store.                                            

 

1. Ownership

Diputación de Málaga, with Fiscal CIF P2900000G and established in Calle Pacífico 54 (29004), Malaga, is the owner of the Web-Platform and makes the Online Store available to the Selling Parts, in order to provide information to the Users about their products, services and offers, as well as to connect them with the Selling Part to enable the purchase of products and services through the Online Store. The Selling Part's data can be found in the footer line of the Online Store.

To contact Diputacion de Málaga, please send an e-mail to oficinasaboramalaga@malaga.es.

 

2. General Contracting Conditions

The present Terms and Conditions regulate the legal relationship derived from the contractual processes formalised by the Customer and the Selling Part through the Online Store.

Customers expressly accept to adhere fully and without reservations to the present conditions in the version published by the Selling Part when the Customer is purchasing the product and/or content, as well as any other special condition that, if any, could be established. Therefore, the Customer is obliged to read the present Terms and Conditions prior to proceed with the contracting a product or a service of the Selling Part, for they may have been modified since the last purchase.

By means of the acceptance of the present Terms and Conditions, the Customer declares:

  1. That he has legal capacity to contract.
  2. That he has read and accepted the present general terms and conditions.

The Customer will have access always and in all cases, prior to commencement of the contractual procedure of products and/or services, to the general conditions. Moreover, the present Terms and Conditions can be found in: http://www.shoppingsaboramalaga.com/grupoborgenos/en/content/108-terms-and-conditions and can be reviewed, downloaded and saved by the Customer.

The Selling Part states that the procedures to reserving and/or purchasing products or services through the Online Store are described in the present Terms and Conditions, as well as further specific ones showed on the screen during the navigation, so that the Customer declares to know and to accept these procedures in order to access the products or services offered in the Online Store.

The Customer will be guided in the process for the conclusion of the contract and for the identification and modification of the data that he/she has provided in the forms created for that purpose. Before finalizing the purchase procedure, the process may be cancelled at any time by the Customer by closing the browser.

 

3. Modifications

The Selling Part reserves the right to realize changes in the Online Store and the present Terms and Conditions at any time. The Customer will be bound to the Terms and Conditions effective at the time of order placement, unless the Terms and Conditions must be changed by law or requirement of public authorities. If any of the present conditions is held invalid, void or ineffective for any cause, that condition is deemed excluded that such declaration may affect the validity and enforceability of the remaining conditions.

Prices and texts published in the Online Store are subject to changes without prior notice, and this includes technical specifications.

 

4. Products and Services

Selling Parts will supply each product or service during the time specified in each case in the Online Store. In case that stocks ran out before the end date of the supply, the enterprise may provide, on agreement with the Customer, a product of equivalent quality and price.

The Customer will be able to consult the essential features of each product or service by reading the description offered in the Online Store or by contacting with the Selling Part via the contact information provided in the same page of the company details, as well as all the information related to the total price, legal guarantee and technical assistance services, aftersales services and any other commercial guarantees for the Customer.

The Selling Part reserves the right to decide in every moment the products and services offered to the Customers through the Online Store. Therefore, the Selling Part will be able, at any time, to add new products and services to the Online Store, understanding, unless otherwise provided, that the new products and services will be governed by the Terms and Conditions effective at that time. Furthermore, the Selling Part reserves the right to revoke the access, at any moment and without notice, of any offered products in the Online Store.

If during the order process one of the products or services is no longer available, the Selling Part will inform the Customer via e-mail.

 

5. Purchase process

When the Customer has selected required Product, he/she can add it to his/her shopping basket, without any commitment to purchase, by clicking on the button [Add to Basket]. At any time he/she can view the Shopping Basket by clicking on the button [Shopping Basket]. Any selected article can be deleted by clicking on the button [Delete].

To continue the purchase process, the Customer will have to click on the button [Order]. Then he/she will be asked his/her personal information. Information marked with an asterisk always must be completed, not being necessary prior registration. After entering his/her information, the Customer can verify that the data is correct and, if necessary, correct it by clicking the button [Edit]. To complete the purchase process, he/she must click on the button [Buy now]. Before finalizing the purchase process, the process can be cancelled at any time by closing the browser. The help pages for the Customer give extra information on how to perform the process correctly.

The Selling Part will not file the electronic document on which each contract is formalized. Conversely, the Customer agrees the present Terms and Conditions, which will remain accessible from the Online Store.

The contract is formalized in Spanish language, in accordance with these Terms and Conditions.

After completing the ordering process, the Customer will receive an order confirmation by e-mail within 24 hours since its realization. Both the order information and the Terms and Conditions are filed and included in the order confirmation sent by the Selling Part to the Customer by email.

The contract will be signed with the receipt of such order confirmation.

 

6. Payment method

For the acquisition of products or services sold in the Online Store, the Customer shall follow the prompts and accept the purchase by meeting those indications, which in turn implies the reading and irrevocable acceptance of all these Terms and Conditions and the Legal Notice, Privacy Policy and, if any, of the special conditions that may exist.

Prices and rates applicable to the procurement by the Customer will be those shown in the Online Store when the Customer accesses to the specific service and initiates the purchasing process.

The Selling Part shall indicate the method of payment permitted in its Online Store, which may be all or some of the following:

  1. Credit card payments through a POS (Point Of Sale)
  2. Payment by bank transfer
    1. Payment via PayPal
    2. COD

 

7. Prices and Taxes

The applicable prices are those listed in the Online Store at the time that the Customer places his/her order.

The price of the products and services displayed in the Online Store shall be expressed in euros and include Value Added Tax and other relevant costs that may apply. In case of products with shipping service to doorstep, transportation costs and shipping apply to the supply of products and they shall be shown where appropriate.

If the price could not reasonably be calculated in advance by the nature of the products or services, the Customer will be informed of the way in which the price is determined and, when appropriate, of all additional freight, delivery or postcards and any other costs. If these charges cannot reasonably be calculated in advance, he/she will be informed of the fact that it may be necessary to pay these additional charges.

 

8. Shipment

a. Delivery Area

Logistics and courier providers shall delivery by courier service within the period specified by the Selling Part when the ordering the product, before the confirmation. The products will be delivered at the address indicated by the Customer.

b. Shipping costs

It may apply a surcharge on every order as a contribution to the shipping and delivery costs, in accordance with what the Selling Part indicates in each transaction.

c. Risks

The risk of loss or damage of the products in is transferred to the Customer since the moment when the delivery occurs at the Customer's address.

The Selling Part is not responsible in any case for damage by misuse of the products. Customer is obliged to check the delivered merchandise.

 

9. Protection of Personal Information

Any personal information that the Customer provides while using the Web-Platform will be treated in accordance with the Privacy Policy (http://www.shoppingsaboramalaga.com/en/content/57-privacy-policy), as stated in the relevant section of the website www.shoppingsaboramalaga.com.

The Customer is obliged to read and accept the Privacy Policy before providing his/her personal information to the Selling Part.

 

10. Returns

1. The right of withdrawal covered in this section may be exercised only in the cases provided by law and in relation to products purchased through the Online Store, according to the specifications set forth in these Terms and Conditions.

In cases where the Customer is entitled to cancel the corresponding purchase contract, he will be able do so without any justification within fourteen calendar days, counting from the day the Customer or a third party appointed by him, other than the buyer, takes possession of the last one of the purchased products.

To exercise the right of withdrawal, the Customer shall inform the Selling Part of his/her decision to withdraw from the contract by a clear statement (e.g. a letter by mail, fax or e-mail) sent to the address of the Selling Part displayed on the footer of the Online Store. In order to do this, the Customer may use the legal form of withdrawal or any unequivocal statement to that effect.

To meet the deadline for withdrawal from the contract, the Customer simply must submit the declaration of exercising his/her right to withdraw before the deadline.

2. If the Customer proceed to cancel the contract, the Selling Part will reimburse all payments received from the Customer, including regular shipping costs (except for the additional expenses due to his/her choice of other delivery means more expensive than the standard shipping offered by the Selling Part), within fourteen days from the date on which the Selling Part received the notification that the Customer wishes to withdraw the contract.

It will be used for the refund the same payment method that the Customer had used for the payment of the products, unless he/she had explicitly agreed otherwise; any charge will be placed for the refund. The Selling Part will be able to decline to reimburse the amounts due to the Customer until it has received the necessary evidence that he/she has returned the products.

The Customer must return the products subjected to withdrawal always within fourteen days since the date when he/she reported to the Selling Part. In any case, the Customer will assume all the direct costs of the returning of the products.

The Customer shall be responsible for the diminished value of the products if the impairment loss can be attributed to him due to any manipulation except the required one to establish its nature, characteristics or performance.

3. In any case, that right of withdrawal does not apply to contracts related to:

  1. The provision of services, once the service has been fully executed, if the performance has begun, with prior consent of the Customer and recognition on their part that he/she is aware that, once the contract has been fully executed will have lost their right of withdrawal.
  2. The supply of products or the provision of services whose price depends on fluctuations in the financial markets that the Selling Part cannot control and which may occur during the withdrawal period.
  3. The supply of products made to the Customer's specifications or clearly personalized.
  4. The supply of products liable to deteriorate or expire rapidly.
  5. The supply of sealed goods which are not suitable for return for reasons of health protection, hygiene and which were unsealed after delivery.
  6. The supply of goods that after delivery and considering their nature have been inseparably mixed with other goods.
  7. The supply of alcoholic beverages whose price has been agreed at the time of signing the contract of sale and that cannot be delivered within 30 days, and the actual value depends on fluctuations in the market that the Selling Part cannot control.
  8. The supply of audio or video recordings or sealed, or sealed computer software that were unsealed by the Customer upon delivery.
  9. The supply of newspapers, journals or magazines, with the exception of subscription contracts for the supply of such publications.
  10. Contracts during public auctions.
  11. The provision of housing services to serve purposes other than housing, transportation of goods, car rentals, food or recreation-related services if the contract provides for a date or a specific implementation period.
  12. The supply of digital content which is not supplied on a tangible medium if the performance has begun with the prior express consent of the Customer with knowledge on his part that consequently loses his right of withdrawal.

4. In the event that the return was due to product defects, the rights and the legal guarantee on defective products is be applied to all products offered, in accordance with the applicable laws.

In the case of changes due to a default of the product, the Selling Part will withdraw the product and exchange it for another in perfect condition or it will reimburse the amount. The Selling Part assumes the cost of shipping the new product.

 

11. Queries or Complaints

For any query or issue related with his/her purchase, the Customer can contact the Selling Part through the customer service according to the information published in the Online Store.


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