This agreement governs the general conditions of purchase of the various products and services offered on this website by SAMI SUMINISTROS HOSTELEROS, S. L. (hereinafter MY SPAIN FOOD) with Tax ID B84614064 and registered address at c/ Luis i 60, basement, unit 27. 28031 Madrid. Madrid, Spain.
When the CUSTOMER completes the registration process and purchases any of our products, they expressly accept the clauses specified below, as well as the conditions of access and use of our website and its privacy policy, accessible through the Privacy Policy link.
The CUSTOMER acknowledges having sufficient legal capacity to enter into a contractual obligation.
This contract is permanently accessible in the legal notices on our website.
1. PRICES AND TAXES
In consideration for the product purchased, the CUSTOMER expressly agrees to pay MY SPAIN FOOD the amounts specified at the time of purchase in the price list established on the website https://www.myspainfood.es for the chosen products.
The products offered on this website are subject to the National Consumption Tax which IS INCLUDED in the prices detailed for each product.
Shipping costs are NOT included in the price of the products.
Once the product selection is completed and prior to order confirmation and before proceeding to payment, the final purchase price will appear on screen, which will include taxes, handling fees, packaging and shipping, if applicable, which will be reflected in the order form at the time of purchase and on the invoice.
Everything that is not specified in the description as included is not included.
2. PURCHASE PROCEDURE
Only individuals over 14 years old (without alcohol) and over 18 years old (with alcohol) and companies can place orders through this website.
All our products are listed individually on the website. The procedure for making and managing the purchase is indicated on the website and the following steps must be followed:
a. Choose the product you wish to purchase.
b. When you select a product, you can add it to the shopping cart and choose whether you want to continue shopping or process the order.
c. To process the order, you must fill out a form with your personal details to formalize the purchase procedure.
d. Next, the order will be reviewed, where the selected items will be detailed one by one and the total price will be calculated.
e. It will also be necessary to indicate the billing and delivery addresses for the purchase. You can indicate a single address for both billing and delivery.
f. Once the process is completed, it will be necessary to check a box to verify that you have read and accepted the terms of sale.
g. The website will provide you with payment mechanisms depending on the system chosen in each case.
h. Once the payment details have been entered, you must confirm the order by clicking on the “Buy” button.
i. After pressing the “Buy” button, the payment is made and the products will be at your disposal.
The CUSTOMER is informed that the photographs and descriptions of the products on the website are an approximate image of the products and services offered, so they may differ from the original. The descriptions and illustrations of the products offered through this website are merely informative.
3. AVAILABILITY AND DELIVERY
The products offered by MY SPAIN FOOD are available for distribution only in mainland Spain.
Orders will be processed once payment has been correctly received. The products offered by MY SPAIN FOOD will always be subject to availability, which will be specifically indicated on our website for each product. In case of unavailability of any item, the customer will be duly informed of the lack of availability. Under normal conditions, all products appearing on our website are available for delivery within the indicated timeframes. In cases where, once the order has been placed, the product contracted by the CUSTOMER is out of stock, the CUSTOMER will be duly informed and offered an alternative product with similar characteristics at the same price and quality. If, even so, the CUSTOMER is not interested in accepting the proposed alternative, MY SPAIN FOOD will proceed to refund the amount already paid and will inform them of the refund procedures and timeframes. As a general rule, the maximum delivery time to the home will be 5 to 10 days from the time of purchase and from when we have confirmed payment, processing orders received before 2 PM on the same day and always on working days for the city of Madrid (SPAIN). These delivery times are approximate and in no case binding for MY SPAIN FOOD. Deliveries will be made on working days (Monday to Friday). The delivery of the product purchased to the home will be carried out by the carrier along with a delivery note to the address indicated on the order form, which the customer must sign as a receipt document. Likewise, the CUSTOMER will be duly informed in case of any incident or delay in delivery for any reason. If delivery is not possible at the indicated address due to the recipient’s absence, the carrier will contact the CUSTOMER directly to agree either on a delivery time, collection of the package at the corresponding branch, or in any case, to indicate the steps to follow to obtain the products.
After the deadline, if the order has not been collected, it will be returned to our warehouses and an email will be sent indicating how the delivery will finally be made. In this last case, the shipping costs will be borne by the CUSTOMER. There is also the possibility of collecting the order in-store; if the CUSTOMER chooses this option, once payment has been made, the order will be prepared. Once the order is prepared, within 24 to 48 hours from its confirmation, the CUSTOMER will receive an email informing them that the order is ready for collection and other relevant instructions. If the CUSTOMER chooses this delivery method, they will not incur any shipping or transport costs. If the CUSTOMER, having opted to collect the order in-store and once the email has been sent indicating that the order is ready for collection, does not come within 48-72 hours, depending on the nature of the order (perishable physical products), the CUSTOMER will lose all rights to the purchase made. If the products are not of this nature, the in-store collection period will be 7 days, and in case of not collecting it, we will contact the CUSTOMER to proceed finally with the delivery of the order. To stay informed at all times about the management of your purchase, you will receive an email notification confirming your order and payment. The CUSTOMER can also check the status of their order by sending an email to hola@myspainfood.com.
4. PAYMENT AND PAYMENT TERMS
The following forms of payment are accepted:
– Credit and debit cards. The transaction is carried out by connecting directly to Stripe.
– GOOGLE PAY. The transaction is carried out by connecting directly to Stripe.
– APPLE PAY. The transaction is carried out by connecting directly to Stripe.
– Paypal. Direct connection with Paypal.
– Bank transfer. By depositing the total amount of the purchase in the indicated current account. Once the payment is made, you will receive a confirmation email.
MY SPAIN FOOD will not have access to your credit card details. All our payment systems are completely secure. Payments are made prior to the delivery of the product or the provision of the service, so MY SPAIN FOOD will not provide the requested product until payment for it has been received. MY SPAIN FOOD reserves the right to temporarily or permanently cancel the services provided in the event of any payment incident. The CUSTOMER is informed that, in relation to card payments, the person responsible for the operations will be the holder of the credit or debit card used.
5. INVOICES
You will receive a purchase receipt by email at the time of purchase. If you wish to receive an invoice, you must contact Customer Service (hola@myspainfood.com) to provide us with the necessary tax information. The CUSTOMER is responsible for confirming receipt of notifications and informing us of any changes to their details, with MY SPAIN FOOD being exempt from any liability arising from this circumstance.
6. WARRANTY
At MY SPAIN FOOD, we strive to offer services of the highest quality, although, given the nature of the same (perishable products), we offer a satisfaction guarantee on most of our products. In the event that, for any reason, you do not correctly receive the product or service, you must notify us as soon as possible indicating the incident, and we will try, if the error is verified, to rectify it as quickly as possible.
All our non-perishable products undergo quality controls and are guaranteed against manufacturing defects for a period of 2 years from the date of purchase or, failing that, from the expiration date. The warranty covers any manufacturing, design, or material defect, although it will be necessary for the lack of conformity to be made known within 14 days from when it was discovered. The warranty only covers defective products. It does not cover impacts, misuse, or other issues not attributable to a supplier defect or product defect. During the warranty period, the CUSTOMER can return the product and we will repair or replace it. Transportation costs generated by warranty returns will NOT be charged to the CUSTOMER. The warranty document is the purchase invoice.
7. RETURNS
The following conditions for the return of our products do not apply in case of exercising the right of withdrawal. Returns or exchanges of products will only be accepted in case of manufacturing defects, transport damage, or delivery errors. In any case, no more than 14 days must have passed since the receipt of the product, and packaging and accessories must be included. It will be previously verified that it is a manufacturing or packaging defect or anomaly and not due to improper or negligent use, handling, or storage. They will always be accompanied by the corresponding delivery note or invoice. Both in the case of return due to manufacturing or packaging defect and in the case of order error, the CUSTOMER will be offered, if possible, its replacement with another alternative at no additional cost and without the right, on the part of the CUSTOMER, to any type of compensation. The costs generated by the shipment of the order will be borne by MY SPAIN FOOD. In any case, the return will always be subject to prior examination by MY SPAIN FOOD of the condition of the product subject to return and to verification of compliance with the requirements demanded in these sales conditions. Once the return is received and if applicable, we will proceed with the refund of the amount charged within a maximum period of 30 days and in the same terms that were used to make the payment. MY SPAIN FOOD reserves the right to reject returns communicated or sent out of time or products that are not in the same condition in which they were received. Returns will be managed by sending an email to hola@myspainfood.es with a description of the reasons and grounds alleged for the return. It will also be necessary to indicate the name and surname and the order reference number. Once the request is received, we will process it accordingly.
8. RIGHT OF WITHDRAWAL
Given the nature of the product (perishable product) and its storage conditions, and in accordance with Article 103 points d and e of Royal Legislative Decree 1/2007 of November 16, for the Defense of Consumers and Users, the right of withdrawal does not apply to this contract. For any product not considered perishable (art. 103.d) and provided it has not been unsealed (art. 103.e), you have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us at MY SPAIN FOOD c/ Luis I 60, basement, unit 27, 28031, Madrid, Spain email: hola@myspainfood.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form below, but it is not obligatory. Model withdrawal form To MY SPAIN FOOD c/ Luis I 60, basement, unit 27 MADRID (28031) Spain hola@myspainfood.com I hereby give notice that I withdraw from my contract of sale of the following goods: Received/Ordered on: Consumer’s name: Consumer’s signature Date To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
If you withdraw from this contract, we will reimburse to you all payments received from you, without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. The CUSTOMER will bear the direct costs of returning the goods, so the collection costs will be deducted from the refund, except in case of defective quality or shipping error on our part. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Once you have notified us of your request to withdraw, you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 calendar days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. The goods to be returned must be in perfect condition, not damaged, deformed, or show signs of wear, scratches or stains. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. PERFECTION OF THE CONTRACT AND MODIFICATIONS OF SERVICES
This contract will be perfected with the payment of the product and the sending to the CUSTOMER of a confirmation email with a description of the purchase made.
MY SPAIN FOOD reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and providing a benefit to the CUSTOMER.
10. OBLIGATIONS OF THE PARTIES
MY SPAIN FOOD commits to provide the CUSTOMER with the products and services that have been contracted, applying maximum diligence in the provision of the service, as well as to take care of the maintenance of the facilities necessary for the operation of the network, having the appropriate technical and computer equipment for this purpose, and to manage the logistics operations, shipping and delivery of the purchase made through the carrier.
The CUSTOMER commits to use the services made available in good faith, without violating current legislation in any matter or infringing third-party rights, as well as to pay for the selected product in the time and manner established in these sales conditions and to receive it at the location indicated for delivery. MY SPAIN FOOD does not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, due to circumstances caused by problems in the Internet network, failures in computer devices and other unforeseeable circumstances. Therefore, the CUSTOMER agrees to bear these circumstances within reasonable limits, expressly waiving any contractual or non-contractual liability against MY SPAIN FOOD for possible failures, errors and use of the contracted service.
11. COMMUNICATIONS
All notifications between the parties will preferably be made by email. The CLIENT is responsible for confirming receipt of notifications and informing MY SPAIN FOOD of any changes to their data, being exonerated from any responsibility derived from this circumstance. In case of modification, the CLIENT must communicate it to MY SPAIN FOOD via the email or phone numbers indicated on our website. In compliance with Article 21 of Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that our commercial mailings and information related to our website and the products offered on it will be sent to you by email to the email address you provide us, always revocable. In any case, you have the option to reject our commercial communications by sending an email to hola@myspainfood.com indicating the word UNSUBSCRIBE in the subject line.
12. COMMITMENT, ACCEPTANCE AND VALIDITY OF THE CONTRACT
The CLIENT acknowledges having read and accepted the legal terms of use and the privacy policy of the website. The CLIENT acknowledges that they have understood all the information related to the products and services, including, where applicable, the delivery, offered on our website, as well as all the conditions and stipulations contained in this electronic contract, and therefore declares that they are sufficient for the exclusion of error in the consent of this contract, and thus fully and expressly accepts them. The CLIENT is fully aware that the acceptance and execution of this contract will take place through the provision of their data and clicking on the “Buy” button indicated on our website and will be completed with the payment of the service.
13. UNDER 18 YEARS OLD
MY SPAIN FOOD commits to not allowing any transaction that is illegal, or that is considered by credit card brands or the acquiring bank to potentially damage goodwill or negatively influence them. Card brand programs prohibit the following activities: the sale or offer of a product or service that does not fully comply with all laws applicable to the buyer, issuing bank, merchant, cardholder, or cards. In addition, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to persons under 18 years of age”.
14. APPLICABLE LEGISLATION
This contract is of a commercial nature and will be governed and interpreted in accordance with Spanish legislation. In the event that any discrepancy or difference arises between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties will submit to the Courts or Tribunals that in each case are competent and, in cases where it is foreseen that the parties may submit to a jurisdiction, they will submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that may correspond to them. We also make available to our clients the following link to access the official online platform of the European Commission for dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
15. PERSONAL DATA
Please refer to the Privacy Policy. Attention: These General Conditions have been updated on 7/29/2021. We may modify them at any time, as well as change the price list and products offered. Check the issue date each time you access our website to ensure that no changes have occurred that may affect you.
