GENERAL TERMS AND CONDITIONS PERTAINING TO PURCHASES FROM THE DISTRIBUCIONES GASTRONÓMICAS IBERGOUR, S.L. STORE ON THE WEB SITE AT www.ibergour.com
This document sets out the General Terms and Conditions of the contractual relationship pertaining to the purchase and sale of products available on the Web site at www.ibergour.com, property of Distribuciones Gastronómicas Ibergour, S.L., (hereinafter referred to as "the SERVICE PROVIDER"), recorded in the Companies Register of Barcelona, volume 38374, sheet 76, page B 324025, record 1; CIF (VAT) no. B64132772; with offices at C/ Sant Pere d'Abanto, 4 - 08014 Barcelona. The agreement is concluded between the SERVICE PROVIDER and the natural persons or companies (hereinafter referred to as "the CONTRACTING PARTY") manifesting their desire to purchase the said products by placing orders on the Web site.
The said orders placed by users shall constitute the particular terms to which these General Terms and Conditions shall be annexed and which the CONTRACTING PARTY shall consult prior to purchasing a product. The General Terms and Conditions will be available on the Web site at www.ibergour.com so that the CONTRACTING PARTY can read, print, file and accept them. The CONTRACTING PARTY may not purchase a product without the said consultation and acceptance. These General Terms and Conditions shall always be available to the CONTRACTING PARTY in a visible place on the Web site.
The General Terms and Conditions, which are attached to any order of specific products placed by the CONTRACTING PARTY, imply the formalisation of the purchase agreement between the SERVICE PROVIDER and the CONTRACTING PARTY, who affirms having read, understood and accepted these General Terms and Conditions.
The General Terms and Conditions establish that the SERVICE PROVIDER undertakes to deliver to the CONTRACTING PARTY whatever products he/she has ordered from the Web site at www.ibergour.com in exchange for a given price.
By purchasing the products available on this Web site, the CONTRACTING PARTY states that:
The General Terms and Conditions are subject to the provisions of Executive Order 1/2007 of 16 November, which approves the revised text of the General Act for the Defence of Consumers and Users and other complementary legislative measures; Executive Order 1906/1999, of 17 December 1999, which regulates the establishment of agreements entered into by telephone or electronic means with general terms and conditions; Organic Law 15/1999, of 13 December; Protection of Personal Data, Act 7/1996 of 15 January; retail trade legislation; and Act 34/2002 of 11 July, Information Society and Electronic Commerce Services.
The SERVICE PROVIDER reserves the right to modify these General Terms and Conditions at any time without prior notice to the CONTRACTING PARTY who, in any case, is responsible for reviewing them as a prerequisite for the purchase of any products available through this Web site. In any event, the General Terms and Conditions available on the Web site at the time the CONTRACTING PARTY acquires the goods will be considered valid and applicable.
4.1. Delivery. - The SERVICE PROVIDER undertakes to deliver the product(s) in perfect condition to the address provided by the CONTRACTING PARTY on the order form, which contains the particular terms annexed to the General Terms and Conditions. The SERVICE PROVIDER shall not be liable for errors in delivery caused when data entered on the order form by the CONTRACTING PARTY are incorrect or have been omitted. The approximate delivery time for each product will be indicated in the purchase confirmation email. If the product is not in stock, the SERVICE PROVIDER shall inform the CONTRACTING PARTY of the new delivery date by email.
4.2. Responsibility of the SERVICE PROVIDER - The SERVICE PROVIDER will not in any case be liable for:
4.2.1. Errors or delays resulting from errors entered on the order form by the CONTRACTING PARTY, or the order confirmation sent to the CONTRACTING PARTY being delayed or lost or any abnormality that may occur when such incidents are due to problems on the Internet, unforeseeable circumstances or force majeure or any other unforeseeable contingency beyond the control of the SERVICE PROVIDER. In any case, the SERVICE PROVIDER undertakes to solve any problems that may arise and to provide all necessary support to the CONTRACTING PARTY to reach a speedy and satisfactory solution of any incident.
4.2.2. Errors or damages caused by inefficacious use of the service and bad faith on the part of the CONTRACTING PARTY.
4.2.3. Non-functionality or problems with the email address provided by the CONTRACTING PARTY for sending the order confirmation.
4.2.4. In the event that the product is not in stock or the delivery time is later than stated on the product data sheet, the SERVICE PROVIDER shall inform the CONTRACTING PARTY of the new delivery date by email. In the event that the product selected by the CONTRACTING PARTY is not in stock, he/she will have the option of cancelling the order or having the SERVICE PROVIDER replace the product with another of similar or higher quality.
5.1. Payment. - The CONTRACTING PARTY undertakes to prepay the cost of the product ordered in the following amount and form:
5.1.1. Amount. - Payment for the product effectively ordered by the CONTRACTING PARTY on the basis of the product ordered will be that which is indicated on the Web site and contained in the CONTRACTING PARTY'S specific order at all times; the said orders shall constitute the particular terms of the specific order. The prices of the products listed on the Web site always include VAT.
Shipping costs will be added to the price of each product shown on the Web site. The SERVICE PROVIDER undertakes to inform the CONTRACTING PARTY of the full cost of the product, including the shipping costs, prior to finalising the purchase and via the email address provided for confirmation.
5.1.2. Forms of payment. - The CONTRACTING PARTY shall pay the amount specified for the product acquired in cash or by credit card, C.O.D., PayPal or wire transfer.
5.2. Liability of the CONTRACTING PARTY. - In all cases, it is the responsibility of the CONTRACTING PARTY:
5.2.1. To assume all risks of spoilage, damage and loss of products from the moment they have been made available to him/her by the third party acting on behalf of the SERVICE PROVIDER to perform delivery of the products ordered.
5.2.2. To check the condition of the package in the presence of the third party performing the delivery of the product ordered on behalf of the SERVICE PROVIDER, and indicate any abnormality in the packaging on the receiving slip. If after checking the contents the CONTRACTING PARTY detects any problem such as breakage or any flaw caused by shipping, he/she undertakes to inform the SERVICE PROVIDER in the shortest time possible.
6.1. - The SERVICE PROVIDER will in no case be liable for:
6.1.1. Errors and incidents that may occur in communication or incomplete transmission, so that there is no guarantee that the Web site services will be constantly operational.
6.1.2. Any type of damage that the CONTRACTING PARTY or third parties may cause to the Web site.
6.2. - The SERVICE PROVIDER reserves the right to suspend access to the Web site without prior notice at their discretion, temporarily or permanently until assured of effective liability for any damage that may occur. Likewise, the SERVICE PROVIDER will cooperate with the appropriate authority and report any such incidents as soon as they have reliable knowledge that the damage caused constitutes illicit activity.
The SERVICE PROVIDER informs visitors that the www.ibergour.com Web site - proprietary content, programming and site design - is fully protected by copyright. Any reproduction, communication, distribution or alteration of the protected items is expressly prohibited without the written consent of the SERVICE PROVIDER.
These General Terms and Conditions are governed by Spanish legislation. In the event of any disagreement or dispute arising from these General Terms and Conditions, the SERVICE PROVIDER shall submit to the provisions of the currently applicable legislation pertaining to consumers and users.
If any clause in the General Terms and Conditions is declared invalid, the other provisions shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these terms. The SERVICE PROVIDER may choose not to exercise some of the rights and powers granted in this document, which does not in any event imply a waiver unless expressly acknowledged by the SERVICE PROVIDER.
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