Purchase, Returns and Shipping Information

This agreement regulates 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 NIF B84614064 and address at c/ Luis i 60, sotano, nave 27. 28031 Madrid. Madrid, Spain.
When the CLIENT completes the registration process and purchases any of our products, he/she expressly accepts the clauses specified below, as well as the conditions of access and use of our website and its privacy policy, accessible through the link Privacy Policy.
The CLIENT 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 CLIENT expressly agrees to pay MY SPAIN FOOD the amounts specified at the time of purchase in the list of prices established on the website https://www.myspainfood.es for the products chosen.
The products offered on this website are subject to National Consumption Tax which IS INCLUDED in the prices detailed for each product.
Transport costs are NOT included in the price of the products.
Once the selection of products has been completed and prior to confirming the order and before proceeding to pay for it, the final price of the purchase will appear on the screen, which will include taxes, handling, packaging and shipping costs, if applicable, which will be reflected in the order form at the time of purchase and on the invoice.
Anything that is not specified in the description as included is not included.

2. PURCHASING PROCEDURE
Only individuals over the age of 14 (without alcohol) and over the age of 18 (with alcohol) and companies may place orders through this website.
All our products are listed individually on the website. The procedure to make and manage 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 to continue shopping or to process the order.
c. To process the order, you will have to fill in a form with your personal details to formalise the purchase procedure.
d. Next, the order will be checked, 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 of the purchase. You can indicate a single address for invoicing and delivery.
f. Once the process has been completed, it will be necessary to check a box to verify that you have read and accepted the terms and conditions of sale.
g. The website will provide you with the mechanisms for you to pay 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. Once the “Buy” button has been clicked, the payment is made and the products will be at your disposal.
The CLIENT is informed that the photographs and descriptions of the products on the website are an approximate image of the products and services offered so it is possible that they may differ from the original. The descriptions and illustrations of the products offered through this website are for information purposes only.

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 received correctly. The products offered by MY SPAIN FOOD will always be subject to availability which will be specifically indicated on our website for each product so that, in case of unavailability of any item, the customer will be duly informed of the lack of availability. Under normal conditions, all the products that appear on our website are available for delivery within the times indicated. 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 of this and will be offered an alternative product with similar characteristics of 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 him/her of the procedures and deadlines for reimbursement. As a general rule, the maximum home delivery time will be 5 to 10 days from the time of purchase and from the time we have confirmed your payment, processing orders received before 14 hours 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 at home will be made by the carrier together with a delivery note at the address indicated in the order form that the customer must sign as a document of receipt. Likewise, the CUSTOMER will be duly informed in the event of an incident occurring or the delivery being delayed for any reason whatsoever. If delivery is not possible at the address indicated due to the absence of the addressee, the carrier will contact the CUSTOMER directly to arrange either a delivery time or the collection of the package at the corresponding branch, or, in any case, to indicate the steps to be taken to obtain the products.
After the deadline, if the order has not been collected, it will be returned to our warehouse and an email will be sent indicating how the delivery will finally be made. In the latter case, shipping costs will be borne by the CUSTOMER. There is also the possibility of collecting the order in shop; if the CUSTOMER chooses this option, once the payment has been made, the order will be prepared. Once the order has been prepared, within 24 to 48 hours of confirmation of the order, the CUSTOMER will receive an e-mail informing him/her that the order is ready for collection and the rest of the pertinent indications. If the CUSTOMER chooses this method of delivery, he/she will not incur any shipping or transport costs. If the CUSTOMER, having chosen to pick up the order at the shop and once the e-mail 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 period for collection in shop will be 7 days and in the event of not collecting it, we will contact the CUSTOMER to finally proceed with the delivery of the order. In order to be informed at all times of the management of your purchase, you will receive by email a notice of the confirmation of your order and payment. The CUSTOMER may also check the status of their order by sending an e-mail to hola@myspainfood.com.

4. PAYMENT AND PAYMENT PERIODS
The following forms of payment are accepted:
– Credit and Debit Card. The transaction is done by connecting directly to Stripe.
– GOOGLE PAY. The transaction is made by connecting directly to Stripe.
– APPLE PAY. The transaction is made by connecting directly to Stripe.
– Paypal. Connecting directly with Paypal.
– Bank transfer. By making a deposit of the total amount of the purchase in the current account indicated. Once the payment has been made, you will receive a confirmation email.
MY SPAIN FOOD will not have access to your credit card details. All our payment systems are totally secure. Payments are prior to the delivery of the product or the provision of the service, so MY SPAIN FOOD will not provide the requested product until it has received payment for it. MY SPAIN FOOD reserves the right to cancel temporarily or permanently the services provided, in the event of any incident regarding payment. The CUSTOMER is informed that, with regard to card payments, the person responsible for the transactions will be the holder of the credit or debit card used.

5. INVOICES
You will receive a purchase receipt by e-mail at the time of purchase. If you would like an invoice, you must contact Customer Service (hola@myspainfood.com) in order to provide us with the necessary fiscal data. The CLIENT is responsible for confirming receipt of the notifications and for informing us of any modification to their details, and LA MY SPAIN FOOD is exonerated from any liability arising from this circumstance.

6. GUARANTEE
At MY SPAIN FOOD we strive to provide 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 receive the product or service correctly, you should inform us as soon as possible indicating the incident and we will try, if the error is verified, to correct it as soon as possible.
All our non-perishable products are subject to quality controls and are guaranteed against production defects for a period of 2 years from the date of purchase or, failing that, the expiry date. The guarantee covers any manufacturing, design or material defect, although it will be necessary for the non-conformity to be revealed within 14 days of becoming aware of it. The warranty only covers defective products. It does not cover knocks, improper use, or others that are not attributable to a defect of the supplier or a defect in the product. During the warranty period, the CUSTOMER may return the product and we will repair or replace it. The transport costs generated by returns under warranty will NOT be borne by the CUSTOMER. The warranty document is the purchase invoice.

7. RETURNS
The following conditions for returning our products do not apply in the case of exercising the right of withdrawal. Returns or exchanges of products will only be accepted in the event of manufacturing defects, transport damage or delivery errors. In any case, no more than 14 days must have elapsed since receipt of the product and the packaging and accessories must be included. It shall be checked beforehand that it is a manufacturing or packaging defect or anomaly and not due to improper or negligent use, handling or storage. They shall always be accompanied by the corresponding delivery note or invoice. Both in the case of return due to a manufacturing or packaging defect and in the case of an error in the order, the CUSTOMER will be offered, if possible, its replacement by 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 shall be borne by MY SPAIN FOOD. In any case, the return will always be subject to prior examination by MY SPAIN FOOD of the state of the product being returned and verification that the requirements of these conditions of sale have been met. Once the return has been received and if applicable, we will refund 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 refuse returns communicated or sent after the deadline or products that are not in the same condition in which they were received. Returns will be managed by sending an e-mail to hola@myspainfood.es with a description of the reasons and the reasons given for the return. It will also be necessary to indicate the name and surname and the reference number of the order. Once the request has been received, we will process it in a timely manner.

8. RIGHT OF WITHDRAWAL
Given the nature of the product (perishable product) and its conservation conditions and in accordance with article 103 points d and e of the Royal Legislative Decree 1/2007, of 16 November, on the Defence of Consumers and Users, the right of withdrawal is not applicable to this contract. For any product not considered perishable (art. 103.d) and provided that 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 shall expire 14 calendar days after the day of conclusion of the contract. To exercise the right of withdrawal, you must notify us at MY SPAIN FOOD c/ Luis I 60, sótano, nave 27 , 28031, Madrid, Spain e-mail: hola@myspainfood.com, of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form below, although its use is not compulsory. Model withdrawal form For the attention of MY SPAIN FOOD c/ Luis I 60, sótano, nave 27 MADRID (28031) Spain hola@myspainfood.com I hereby inform you 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 that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
Consequences of withdrawal:
In the event of withdrawal on your part, we will refund all payments received from you, without any undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. The CUSTOMER shall bear the direct costs of returning the goods, whereby the cost of collection shall be deducted from the refund, except in the case of defective quality, error in shipment on our part. We will proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any costs as a result of the reimbursement. Upon notification of the withdrawal request, you must return or deliver the goods directly to us without undue delay and in any event not later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract to us. The deadline shall be deemed to have been met if you return the goods before the deadline has expired. The goods to be returned must be in perfect condition, not damaged, deformed, or show signs of wear, scratches or stains. You shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9. PERFECTION OF THE CONTRACT AND MODIFICATIONS TO THE SERVICES
The present contract will be perfected with the payment of the product and the sending to the CLIENT of a confirmation e-mail 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 that they represent a benefit for the CUSTOMER.

10. OBLIGATIONS OF THE PARTIES
MY SPAIN FOOD undertakes to provide the CUSTOMER with the products and services that have been contracted, applying the 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 for this purpose adequate technical and computer equipment, and to manage the logistics operations, shipping and delivery of the purchase made through the carrier.
The CUSTOMER undertakes to use the services made available in good faith, without violating the laws in force in any matter or infringe the rights of third parties, as well as the payment of the selected product in the time and manner set out in these conditions of sale and its receipt at the place indicated for delivery. MY SPAIN FOOD does not guarantee that the availability of the service covered by this contract will be continuous and uninterrupted, due to circumstances caused by problems in the internet network, breakdowns in computer devices and other unforeseeable circumstances. Therefore, the CLIENT agrees to bear these circumstances within reasonable limits, and therefore expressly waives any contractual or extra-contractual liability to LA MY SPAIN FOOD for possible failures, errors and use of the contracted service.

11. COMMUNICATIONS
All notifications between the parties will be made preferably via email. The CUSTOMER is responsible for confirming receipt of notifications and to inform MY SPAIN FOOD of any changes to their data, being exonerated from any liability arising from this circumstance. In case of modification the CUSTOMER must inform MY SPAIN FOOD in the email or telephone numbers indicated on our website. In compliance with Article 21 of Law 34/2002 of Services of the Information Society and Electronic Commerce, we inform you that our commercial mailings and information relating to our website and the products offered on it, will be sent 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 e-mail to the address 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 conditions of use and the privacy policy of the website. The CLIENT acknowledges that he/she has understood all the information regarding the products and services, including, where applicable, delivery, offered on our website, as well as all the conditions and stipulations contained in this electronic contract, and therefore states that they are sufficient for the exclusion of error in the consent to this contract, and therefore accepts them fully and expressly. 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. CHILDREN UNDER 18 YEARS OF AGE
MY SPAIN FOOD undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of or negatively influence them. The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, 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 LAW
This contract is of a commercial nature and shall be governed by and interpreted in accordance with Spanish law. In the event of any discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties shall submit to the courts or tribunals that are competent in each case and, in the cases in which it is foreseen that the parties may submit to a jurisdiction, they shall submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that may correspond to them. We also provide our clients with the following link to access the European Commission’s official online platform for the resolution of disputes: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

15. PERSONAL DATA
See Privacy Policy. Attention: These Terms and Conditions have been updated on 29/7/2021. We may modify them at any time, as well as change the list of prices and products offered. Please check the date of issue each time you log on to our website to ensure that no changes have been made that may affect you.

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