General conditions of purchase

General conditions of purchase

GENERAL TERMS AND CONDITIONS OF CONTRACT

  1. General

The following terms and conditions apply to all contracts, supplies and other services to which HEREDAD DE MONTEAGUDO (www.hdmonteagudo.com), with registered office at CARRETERA DE VALDEPEÑAS-TORRENUEVA, KM. 8,500, 13740, Torrenueva, (Ciudad Real), with CIF B13383104, and a customer through the online store domain www.hdmonteagudo.com.

Any disposition of the contracting party that contradicts the stipulated in the present general conditions is expressly rejected. Any variation requires our written confirmation.

By checking the box “I ACCEPT the general conditions of HEREDAD DE MONTEAGUDO”, the client expressly declares to have read and understood these general conditions and accepts them without reservations..

The fact that HEREDAD DE MONTEAGUDO does not punctually apply any of these conditions should not be interpreted as a waiver of them.

The general conditions, the legal notices and the particular conditions, if any, that govern the acquisition of products offered in this web domain, will always be those in force at the time of placing each order or browsing the domain.

  1. Adressees

The offers and services that HEREDAD DE MONTEAGUDO carries out or provides through this website are aimed mainly at natural persons of legal age, or legal entities considered as consumers or end users by the General Law for the Defence of Consumers and Users and other complementary laws.

Faced with the request of unusual quantities of products for normal consumption of a home or company that buys as a consumer or user, HEREDAD DE MONTEAGUDO reserves the right to confirm to the consumer or end user the maximum amount that can be supplied through the online store.

  1. Registration and purchase process

In order to place an order the customer must be of legal age (+18 years) and must register by completing the data contained in the “Registration Form” described below. All data marked with an asterisk (*) are mandatory and without them it is impossible for us to fulfill orders. If the customer already has an account at www.hdmonteagudo.com, the data will be automatically uploaded.

Registration form:

Name____________________________________________________

Last Name__________________________________________________

Email address___________________________________________

Phone____________________________________________________

DNI/NIE/CIF_________________________________________________

Address______________________________________________________

Zip Code_________________________________________________

Location/City_____________________________________________

Province______________________________________________________

In the event of inability to make deliveries due to error or inaccuracy of any of the data provided by the customer, or any other cause not attributable to HEREDAD DE MONTEAGUDO, the customer remains responsible for payment of the order. The same applies if the carrier returns the order to HEREDAD DE MONTEAGUDO after having unsuccessfully attempted delivery on two occasions.

The customer selects the product through the website www.hdmonteagudo.com by clicking on “Buy” or “Add to cart”. At any time, the customer will be able to see the list of products (from now on “Cart”) that he has selected to buy.

The customer will be able to “Continue shopping”, i.e. add more products to his “Cart” and can confirm his purchase by clicking on “Pay”.

The customer selects a form of payment to choose between credit/debit card or through PayPal Secure Payment. By clicking on “Go to PayPal” the customer will access the Secure Payment gateway..

Once the payment is finished, a confirmation email is sent to the customer automatically confirming that the order is being processed from HEREDAD DE MONTEAGUDO.

Once the payment has been confirmed by HEREDAD DE MONTEAGUDO, an acknowledgement of receipt is sent to you, “The order has been completed”, by e-mail immediately, in any case, within 24 hours, certifying that the payment has been confirmed and the order will be prepared and shipped in accordance with the general shipping conditions, which you can file. By means of this acknowledgement of receipt you will be able to consult the GTC through the link provided.

At any time, the customer can access “My account” where you will find information about your orders. For more information, please contact HEREDAD DE MONTEAGUDO at info@hdmonteagudo.com

Date of contract

By clicking on the “Pay” button, the customer sends an order confirmation of the goods placed in the shopping basket. The contract of sale will be effective and binding once its acceptance has reached us in an automated way. Immediately thereafter we will confirm the terms of the contract by e-mail to the address provided by the customer.

This does not apply if a product is not in stock, nor is it back in stock within a reasonable period. In this case, HEREDAD DE MONTEAGUDO will offer the customer the choice between purchasing the rest of the products in the cart, discounting the price of the product that is not in stock, or cancellation of the entire order, with refund of the amount paid by the customer in the shortest time possible.

HEREDAD DE MONTEAGUDO reserves the right not to attend to an order or to obtain additional information if, in the opinion of its staff, there are doubts about the authenticity of the data supplied, the order appears to be abnormal, the order is made by a customer who has rejected unjustifiably and / or unreasonable previous purchases or there are other conditions justifying the refusal.

HEREDAD DE MONTEAGUDO is not obliged to serve the order if, after clicking on the button “Pay”, the payment method selected by the customer does not have funds or for any other reason can not make effective payment to HEREDAD DE MONTEAGUDO

  1. Contract text

The text of the contract will be stored on our servers and will not be accessible by the client. You can view the general terms and conditions at any time through this page. The contract will be available in Spanish.

  1. Right of Withdrawal (Returns)

You have (if you are considered by law to be a consumer) the right to withdraw from this contract within 14 calendar days without justification, counting from the time you or a third party indicated by you, other than the carrier, acquired material possession of the goods.

ATTENTION: You may not exercise the right of withdrawal in the following cases, in addition to any other contained in the General Law for the Defense of Consumers and Users and other complementary laws:

1.- Goods made according to the specifications of the consumer and user or that are clearly personalized;;

2.- Goods that expire or deteriorate quickly;;

3.- Sealed goods that are not fit to be returned for reasons of health protection or hygiene and that have been unsealed after delivery;

4.- Goods which, after delivery and taking into account their nature, have been indissociably mixed with other goods.

It is left to the free decision of HEREDAD DE MONTEAGUDO to accept returns of products described in these exceptions, without serving as a precedent, for the same customer or others.

To cancel the contract, you can fill in our cancellation form (introduce a download hyperlink of this form, which will be in word format),by sending an email to info@hdmonteagudo.com. If you make use of this option, we will inform you without delay on a durable medium (e.g. by e-mail) of the receipt of this withdrawal, or by sending it by letter or fax (the use of the form is not compulsory), or by another type of declaration indicating your unequivocal decision to withdraw from the contract, by sending it to the following address or fax number:

 

HEREDAD DE MONTEAGUDO

VALDEPEÑAS-TORRENUEVA ROAD, KM. 8,500

Torrenueva

13740 Ciudad Real


Phone: 926338524

 

Email: info@hdmonteagudo.com

In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by you of this right is sent before the expiry of the corresponding period of 14 calendar days.

In any case, the customer must state in the withdrawal if you want to return the price of the product (which is your right of withdrawal) or, on the contrary, you want to exchange it for another product available in our catalog.

With the return of the product, and once checked, HEREDAD DE MONTEAGUDO will return the total price of it at the time of purchase, including original delivery costs, except in the case that the customer has expressly selected a different mode of delivery to the less expensive mode of ordinary delivery, in which case you will not be refunded the extra cost.

HEREDAD DE MONTEAGUDO will be responsible for the transport costs of the return and PayPal management costs, only if the product is defective or in poor condition. In all other cases, the customer will be responsible for assuming such costs of transport and management, which will be deducted from the amount to be paid in case of return of the product, in cases where the consumer has not already satisfied.

The price shall be refunded without undue delay and in any case no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such a refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any event, you will not incur any costs as a result of the refund. In the event of an unjustified delay in the return of the sums paid, the user may claim to be paid double the amount due.

The product must be returned, within 14 calendar days from the date you informed us of your wish to withdraw, in its original packaging, unopened and undamaged, together with everything that accompanied the product, including labels and seals, in addition to the purchase ticket or invoice, and using a method of transport equivalent to that in which you received the goods (in your case: refrigerated transport, you can consult rates on the ATC service of the transport company SEUR 902 10 10 10), except if the product is defective or in poor condition. If the product is defective or in poor condition HEREDAD DE MONTEAGUDO may request the customer to send photographs of the product for confirmation. In case the products are damaged due to an inappropriate packaging or it is detected that they have been used, HEREDAD DE MONTEAGUDO will not admit the return.

Returns must be made to the following address:

HEREDAD DE MONTEAGUDO

VALDEPEÑAS-TORRENUEVA ROAD, KM.    8,500

Torrenueva

13740 Ciudad Real

The return of the product will take place before 14 calendar days have elapsed since your wish to withdraw from the contract was duly communicated.

We may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is fulfilled first.

In order to prove the date of purchase of the product, you must keep the purchase ticket or invoice.

  1. Photographs and product descriptions. Conformity.

HEREDAD DE MONTEAGUDO strives to provide its customers with the best information about the products they purchase. However, the photographs of the products are merely illustrative and do not form part of the contract, and HEREDAD DE MONTEAGUDO is not responsible for the slight differences that these illustrations may contain with respect to the purchased product. The same applies to packaging or seal.

If the replaced goods are also defective, you can return the goods and the proportional part of the purchase will be refunded. You also have the option to keep the goods at a reduced purchase price.

Customers considered consumers are entitled to the legal guarantee.

  1. Payment

HEREDAD DE MONTEAGUDO accepts the following means of payment:

– Visa

– Mastercard

– American Express

– Discover

–  Aurora Card

– Paypal

HEREDAD DE MONTEAGUDO does not assume any responsibility, nor will the contract be considered perfected, if the corresponding financial entity rejects the payment, for whatever reason.

The expenses associated with any of these means of payment will be assumed entirely by HEREDAD DE MONTEAGUDO.

The charge, if paid with Paypal account, is immediate. The charge on account when paying by card, generally occurs two days after making the payment.

The cardholder must match the customer who makes the purchase.

The cardholder may request that the products be sent to a person and address different from his, provided that he respects the delivery restrictions.

HEREDAD DE MONTEAGUDO ensures a secure payment system and guarantees the preservation of the confidential nature of the information provided and the card numbers by means of protection and coding procedures. The order validated by the client will not be considered effective until the payment.

  1. Invoice

By default, you will receive a paper purchase ticket along with your order. If you want to receive an invoice in your name, please contact HEREDAD DE MONTEAGUDO by sending an email to info@hdmonteagudo.com, which in its absence will be sent by email to the address indicated during the purchase process.

  1. Availability of products.

HEREDAD DE MONTEAGUDO tries to always have its entire range of products in stock, so you don’t have to wait.

If any of the products in your order are not available, HEREDAD DE MONTEAGUDO will contact the customer electronically to choose between the cancellation of the entire order or a partial delivery of the products we have in stock and a subsequent delivery of the missing product. In this case, the delivery times indicated will be suspended. The return of the price, in its case, will be done in less than 20 calendar days, or the client will have the right to receive the double of the amount.

Delivery periods for orders are normally around 72 hours (or 120 hours, see below). This period is approximate and is not essential to the contract, so it will not be considered a breach of contract provided that the delay does not exceed 30 calendar days, and will not lead to compensation or the right to terminate the contract in favor of the customer.

  1. Conditions of delivery. Delivery restrictions.

Orders through our website can be placed 24 hours a day, 365 days a year.

The customer’s order is sent exclusively to the Spanish Peninsular territory. For shipments to Canary Islands, Balearic Islands, Ceuta and Melilla the customer can contact HEREDAD DE MONTEAGUDO at info@hdmonteagudo.com

Shipping costs are included in the final price of each product offered.

The delivery of the orders is carried out in the address of delivery indicated by the client. The delivery time is 72 hours from confirmation of payment provided we have received payment confirmation of the order from Saturday to Thursday at 13.00 hours, and 120 hours from confirmation of payment, provided we have received payment confirmation of the order between 13.01 hours on Thursday and 23.59 hours on Friday. For products that have a special delivery time, this will be indicated in the file of the product in question.

The online shop HEREDAD DE MONTEAGUDO informs through e-mail both the receipt of the order and the preparation of it. If the goods are not available, the customer will receive a notification.

The delivery service of HEREDAD DE MONTEAGUDO’s online store contemplates a second delivery attempt in the event that the customer is not at the delivery address specified by the customer.

HEREDAD DE MONTEAGUDO will not be responsible when the delivery of the product does not take place as a result of:

The inaccuracy or falsity of the data indicated by the customer.

Causes unrelated to HEREDAD DE MONTEAGUDO.

The absence of the addressee in the two delivery attempts.

HEREDAD DE MONTEAGUDO will not be responsible for the delay in the delivery of orders for reasons not directly attributable to HEREDAD DE MONTEAGUDO, nor for reasons beyond the company, such as fortuitous case or force majeure.

Orders will not be delivered to P.O. boxes, or to addresses where, due to inaccessibility, inaccuracy or other circumstances, the usual transport companies can not or do not want to make deliveries.

  1. Reception of products

The order is considered delivered at the time of its transfer to any person at the address indicated by the customer in the record. It is up to the recipient to verify the condition of the goods upon receipt. The receiver who notices the lack or poor condition of any of the products, should contact the Customer Service as soon as possible

  1. Shipping and delivery costs

HEREDAD DE MONTEAGUDO sends all orders by NACEX.

 

Shipping costs are included in the final price.

 

To request an urgent service to the above must contact HEREDAD DE MONTEAGUDO at info@hdmonteagudo.com

  1. Prices

All prices include legally applicable taxes (e.g. VAT). In the case of shipments to the Canary Islands, Ceuta and Melilla, VAT is not applied and are considered export, the customer must assume the payment of the corresponding taxes at customs.

The price of each product will be the one that appears, except error, in the description of the product, in the date of accomplishment of the order.

The price of the products includes, unless expressly indicated, shipping costs.

The price is expressed in currency EUR (€).

  1. Intellectual property

All intellectual property rights, trademarks and other proprietary rights belong to HEREDAD DE MONTEAGUDO. Content created, programmed and designed exclusively for HEREDAD DE MONTEAGUDO is protected by intellectual property rights in its current form. Without the express written consent of HEREDAD DE MONTEAGUDO, any reproduction, dissemination, distribution or modification thereof is strictly prohibited.

15.   Privacy Policy

 

PURPOSE

 

HEREDAD DE MONTEAGUDO, as well as the Responsible for the Treatment, uses your personal information only to process and send you your order and, if you expressly consent, to send you commercial information, including by e-mail, about our promotions, new products and various offers. All your personal data are stored and processed in compliance with current legislation (European Data Protection Regulation, EU Regulation 2016/679 and its implementing regulations).

 

DATA RETENTION

Personal data will be kept for as long as the business relationship is maintained or for as long as necessary to comply with legal obligations.

LEGITIMATION

All the purposes indicated with regard to the personal data of customers of HEREDAD DE MONTEAGUDO are collected and treated with the legitimate basis of consent. All the requested data are obligatory for the celebration and execution of the commercial relation.

With regard to the sending of commercial communications, the legal basis is also consent.

 

ADDRESSEES

Personal data will only be passed on to third parties in order to fulfil legal obligations, e.g. tax obligations, or in cases where there is a legal obligation to make the transfer. Similarly, your data will be communicated in those cases where this is necessary to fulfil the contract, such as to the transport company or courier company in order to be able to send you the requested product. In these cases, the amount of data transferred is limited to the minimum necessary.

 

RIGHTS

Any person has the right to revoke his or her initial consent, to request access to personal data concerning him or her, to request its rectification or deletion, to request limitation of its processing, to oppose its processing (if there is a public interest or legitimate interest) and/or the right of portability. In all cases, you may exercise your rights by e-mail to info@hdmonteagudo.com, accompanied by your identity document. Any person may submit a claim to the Spanish Data Protection Agency through the website www.agpd.es if they consider that their rights have not been satisfied.

The contracting party is informed of the foregoing and gives its consent for the purposes indicated, as required by the General Data Protection Regulation 2016/679.

This store only stores information about our customers through cookies, if you wish and if you have a user account in order to avoid the need to refill the forms. You can administer in the program of your browser the acceptance of cookies from this page and block them if necessary.

  1. Changes to conditions

HEREDAD DE MONTEAGUDO reserves the right to change both prices and any other content of our website, at any time, on what will always provide the corresponding information.

  1. Applicable law and competent courts

The general terms and conditions of HEREDAD DE MONTEAGUDO are governed by the laws of Spain. Without prejudice to the legal provisions on competition in relation to consumers, the parties to the contract are subject to the jurisdiction of the courts and tribunals of VALDEPEÑAS.

  1. Safeguard Clause

If any provision of the contract is invalid, the validity of the remaining provisions shall not be affected.

  1. Complaints and requests for information

The customer may contact HEREDAD DE MONTEAGUDO in order to file a claim or complaint, or simply request information on a product offered or contracted, at the following address, telephone and email address:

HEREDAD DE MONTEAGUDO

VALDEPEÑAS-TORRENUEVA ROAD, KM.    8,500

13740 Ciudad Real


Telephone: 926338524

 

Email: info@hdmonteagudo.com

There is a European on-line conflict resolution platform:

http://ec.europa.eu/consumers/odr/