General Conditions

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Introduction

The company can be reached by email by clicking on the contact form accessible via the home page of the site.

These general conditions of sale are established between:

  - On the one hand, Spain Menu SL (Hereinafter the "Seller" or the "Company").

  - On the other hand, the natural or legal person proceeding to the purchase of products or services of the company (hereinafter, "the Buyer", or "the Customer").

Article  1 - Object

The purpose of these General Sales Conditions is to define the sales modalities between the CUSTOMER and SPAIN MENU, from the execution of the order, delivery and payment, as well as the after-sales service.

 

Article  2 - Order

The execution of an order implies the acceptance of these General Conditions of Sale by the CUSTOMER, as well as the full and complete acceptance of the prices, the description of the products for sale and any other specified in the order itself.

The CUSTOMER can process the order following the procedure established here:

To process the order, the CUSTOMER must provide the personal information requested, unless you already have a customer number made in a previous registration.

Once the basket has been validated, the CUSTOMER must choose the address and mode of delivery, and validate the payment mode, this last stage formalizes the sales contract with SPAIN MENU.

All product orders are subject to their availability. In case there are difficulties in the supply of the selected product, SPAIN MENU, will inform the CUSTOMER, within a period not exceeding twenty days.

If there are difficulties in the supply of products or if there are no items in stock, SPAIN MENU will reimburse the CUSTOMER for any amount that may have been paid for the specified product. Alternatively, after to acceptance by the CUSTOMER, the product can be changed by another product of similar characteristics or better

 

Article 3 - Expedition and Delivery

The dispatch and delivery of orders will be made according to the information reflected in the section "Transportation according to destination"

For countries not specified in the "Transport according to destination" section, the CUSTOMER would have to consult with SPAIN MENU for the possibility to place the order with specific conditions in each case.

Article 4 - Payment

The CUSTOMER can choose between the following payment methods:

- Credit card.

- Wire transfer (bank transfer)

- PayPal

 

Article 5 - Prices

The prices of the items requested will include the corresponding VAT at all times, if the destination is Spain, (excluding: Ceuta, Melilla and Canary Islands) or a country belonging to the EU and as long as the end customer is a private individual.

When the purchase is made by a client outside these territories(outside EU), the taxes must be settled by the client in the country of destination, according to the tax, toll or tariff regulations.

For each order a fixed expense will be added as shipping costs that includes the management, packaging and shipping from our warehouses.

In the section "transport according to destination", the additional cost related to this concept is indicated, included in the indicative price tables.

Article 6 - Return Policy

CNecessary conditions for return of the products.

 Cause 1.- The packaging is badly damaged

In this case, the CUSTOMER may refuse to accept the delivery of the order, indicating to the carrier its refusal to receive the goods with the reason "Package badly damaged".

The customer must indicate on the delivery note of the carrier the reason for refusal to accept said merchandise

Should this circumstance occur, the CUSTOMER shall contact SPAIN MENU through his e-mail: spainmenu@spainmenu.com

  Cause 2.- The products inside are broken or defective

In this case, the Client may act according to:

Cause 4 section (II) "Return of defective products.

 Cause 3.- Receive an erroneous order

In this case, the Customer must contact Spain Menu within a period of less than 24 hours, from the reception of the order, through our e-mail: spainmenu@spainmenu.com with indicating invoice number.

SPAIN MENU will contact the CUSTOMER, with a confirmation e-mail and informing of the solution adopted for the case in question, providing a solution to the CUSTOMER.

SPAIN MENU will proceed to make the return, replacement or any other viable solution and accepted by the CUSTOMER, in the fastest way possible, with a maximum of 30 days, since the CUSTOMER receives SPAIN MENU’s confirmation e-mail and SPAIN MENU receives the merchandise returned (if applicable).

 Cause 4.- Right to Withdraw

The client according to the Spanish Royal Legislative Decree 1/2007 of November 16 that approves the Consolidated Text of the General Law for the Defense of Consumers and Customers, the CUSTOMER has a return period of fourteen calendar days from the receipt of the merchandise according to:

(I) Right of withdrawal

In accordance with the provisions of The Spanish Royal Legislative Decree 1/2007 of November 16 that approves the Consolidated Text of the General Law for the Defense of Consumers and Customers, the client has a return period of fourteen calendar days from receipt of the goods.

This right cannot be exercised when there are indications that the products have been opened, manipulated or exposed to inappropriate conditions. It is mandatory to return the correctly protected products, in their original packaging, in perfect condition for subsequent sale and provided that the product by expiration date is not suitable for consumption.

In any case, in the event of cancelling the purchase, the following requirements must be met:

1) The product must be in the same condition in which it was delivered and must retain its original packaging and labelling.

2) The return to Spain Menu must be done using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the safe return of the products in perfect condition.

3) A copy of the proof of purchase and the delivery note of the products must be included in the package, which also indicates the products returned and the reason for the return.

4) The returns of the orders should be sent to the address of Spain Menu.com, indicating the sender of the shipment. The Customer will assume the shipping costs for return in case of exercising the right of withdrawal.

Except for the previous assumptions, changes or returns of our products are not allowed.

(II) Return of defective products

Once the receipt of the shipment has been accepted, if there are incidents with the products, such as breakage or damage, caused by transport, the Customer must notify Spain Menu by sending an email to spainmenu@spainmenu.com including order number and invoice, accompanying photo / s and a description of the damages observed.

This communication must be made as early as possible (maximum 3 calendar days).

From the acceptance by SPAIN MENU’s part of the incident, the customer has a maximum of 7 calendar days to send the goods to SPAIN MENU.

Once the relevant checks have been made, SPAIN MENU, will proceed with the replacement of the order in its entirety, free of charge for the CUSTOMER, played by SPAIN MENU, the costs of reception and shipment, considering it to be the cause of the CUSTOMER.

In case there is no stock of any of the items, the amount will be returned for the value of the same and through the payment system used by the CUSTOMER when he made his purchase or at the reposition, if the CUSTOMER is wishes it, SPAIN MENU will offered a product of a similar or superior specifications

Without prejudice to any other rights that may correspond, the CUSTOMER will be entitled to reimbursement of the price of defective products or products delivered if they do not correspond to the order made by the CUSTOMER. Alternatively to the above, the CUSTOMER will have the right to claim, and to be delivered, an equal product, in perfect condition.

In the cases of return to SPAIN MENU, of defective products or that do not correspond to your order, this must be done by the CUSTOMER, through the procedure established in section (I) above, although the CUSTOMER, in this case, it will not have to face the costs of returning those products.

As long as the CUSTOMER has followed the procedure established in section (I) above and the requirements established in this section have been met, SPAIN MENU will refund the price paid for the returned products that are defective or do not correspond to the order of products made by the CUSTOMER, in accordance with the provisions of section (III) below.

(III) Reimbursement of the price of the products to the client

As long as the CUSTOMER has followed the procedure established in this section and the requirements established in it have been met, SPAIN MENU will refund the price paid by the CUSTOMER corresponding to the returned products.

In the event that the return is made in exercise of the right of withdrawal of the CUSTOMER described in section (I) SPAIN MENU will not pay or deal with the costs and / or return costs.

The CUSTOMER will not be entitled to reimbursement of the price of the returned products that are not in the same conditions in which they were delivered, or the requirements established in these General Conditions have not been met.

The partial returns of an order will result in the refund of the price corresponding to the product or products actually returned.

SPAIN MENU will manage the price return order through the same payment system used by the CUSTOMER, for the purchase of the products, within thirty (30) days from the collection of the returned order and once SPAIN MENU has verified that the products subject to return comply with the requirements established in sections (I) and (II) above. The application of the refund of the price in the CUSTOMER's account will depend on the bank.

SPAIN MENU will not accept incidents other than those previously described and that do not comply with the indicated requirements

 

Article 7 - Processing of personal data

SPAIN MENU, guarantees that the processing of personal data will be carried out under security levels that prevent their loss, manipulation or unauthorized access.

In compliance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data, we inform that all data provided by the CUSTOMER, by any means, through the order, the subscription to the Spain Menu, Newsletters of Spain Menu and throughout the commercial relationship with our company, will be incorporated into a file whose owner and responsible is SPAIN MENU and will be treated with the utmost confidentiality.

The purpose of collecting and processing the data is to manage the commercial relationship, manage applications and / or orders and their collection and also perform treatments for advertising and commercial prospecting purposes.

The carrying out of treatments for the purposes of advertising and commercial prospection will involve sending you, through the means indicated below, information, advertising and commercial promotions of products and services of SPAIN MENU, as well as products and services of other companies, related with the sectors of activity of: Food, personal care, training and education, home, bazaar, health, leisure, big consumption, water, energy and transport, tourism and travel, real estate and NGO.

For this purpose, the personal data provided may be communicated to companies providing services in order to send information, advertising and commercial promotions of their own and other companies, as well as to be able to cross-examine their data to determine if the Client condition and avoid duplicate shipments. Advertising and commercial prospecting actions may be carried out by any means, including telephone calls, SMS messages, MMS and email, postal and Internet.

The owner of the data must be of legal age. Unless specifically stated otherwise, it will be considered necessary to complete all the information required in the forms. In the case of not providing all the estimated data as necessary, SPAIN MENU may, depending on the case, not process your request.

Your consent to the processing of your data for the purposes of advertising and commercial prospecting, shall be understood as clearly and unequivocally provided by communicating your data to SPAIN MENU, and you may object to it in the terms indicated below.

We inform you that you can exercise, making the request to SPAIN MENU, responsible and owner of the file that contains your personal information, rights of access, rectification, cancellation and opposition to NOT receive publicity, as well as revoke the consent granted.

To manifest opposition to receiving publicity, as well as to carry out any other procedure, SPAIN MENU, makes available to the USUSARY the following via:

- Send a message to spainmenu@spainmenu.com with the subject LOPD and indicating in the message your name / surnames and customer number along with the sentence (s):

1.- I DO NOT WANT TO RECEIVE PUBLICITY FROM SPAIN MENU

2.- I DO NOT WANT TO RECEIVE ADVERTISING FROM OTHER COMPANIES.

 

Article 8 - Cookies Policy

Access to this website may involve the use of cookies. Cookies are small text files that the server can save on a computer's hard drive to temporarily store some type of information about the Customer. The cookies used by the website are used to allow the identification of registered Customers and can not read data from your hard drive, or include viruses in the texts.

This website uses cookies to offer an optimal browsing experience and improve the services that we make available to the CUSTOMER. Thanks to the use of cookies, we can:

- Allow the CUSTOMER to participate in our surveys

- Remember the CUSTOMER their access data

- Improve the quality of our website according to the browsing habits of the CUSTOMER

 

The Customer can configure their browser to accept or reject cookies. However, without them, we can not guarantee the use of all the features of our website. The CUSTOMER accepts the cookie policy.

 

Article 9 - Intellectual property

All elements of the Spain Menu SL website, whether visual or sound, including the underlying technology, are protected by copyright, trademark or patent rights.

 

Article 10 - Comments, suggestions and complaints

Comments and suggestions will be well received. The CUSTOMER has a space on opinions of our Customers for comments.

We have official claim sheets available to consumers and Customers. Claims will be managed through the CONTACT service making a request for the claim form to: spainmenu@spainmenu.com.

 

Article 11 - Events beyond our control

We will not be responsible for any breach or delay in the fulfilment of any of the assumed obligations, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

1. Strikes, lockouts or other protest measures.

2. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.

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

4. Impossibility of the use of trains, boats, airplanes, motor transports or other means of transport, public or private.

5. Impossibility of using public or private telecommunications systems.

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

It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfil those obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfil our obligations despite the Cause of Force Majeure.

 

Article 12 - Total agreement

The present conditions of Sale constitute the total agreement between the referring parties. In the event that one of the clauses of these conditions is null and void, this will not affect the rest of the conditions

Article 13 - Applicable law and competence

Current conditions shall be ruled by Spanish law.

For the resolution of any doubt, discrepancy or divergence that may arise in the compliance and interpretation of this Contract, the parties may resolve their disputes extrajudicially through the Online Confidence arbitration system.

In any case, the jurisdictional scope will be the Courts and Tribunals of the address of SPAIN MENU.


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