1.1 These General Conditions will expressly regulate the business relationships arising between CÁRNICAS CARROBIERZO S.L., hereinafter “EL CAPRICHO”, and the Private Users who, through the website bodegaelcapricho.com, acquire the products that the company offers to Private Users specifically for sale online.
1.2 These General Conditions have been prepared in accordance with the provisions of Law 34/2002, July 11th, on Information Society and eCommerce Services, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, November 16th, which approves the Revised Text of the General Law for Defence of Consumers and Users along with other complementary laws, and Law 7/1996, January 15th, on the Regulation of Retail Trade.
1.3 The General Conditions of Sale are accessible at all times on the website and will prevail over any other document which contradicts it, notwithstanding the provisions of current legislation.
The validation of the order by the customer implies their unreserved acceptance of the present General Conditions of Sale. EL CAPRICHO reserves the right to unilaterally modify the General Conditions, without this affecting the acquisitions of goods and/or services made prior to the modification.
2. Identification of the parties
The party of the first part; CÁRNICAS CARROBIERZO S.L., hereinafter EL CAPRICHO, with fiscal identity number B24581761 and domiciled in León, Vía de la Plata Nº3, Valderrey, registered in the Mercantile Register of León, Sheet LE 19233, Folio 210, Volume 1147, Section 8, Registration 1ª, and with Food Sanitary Registry Nº ES241540000026 emitted by the Health and Consumption Council of the Community of Castile and Leon.
And the party of the second part, the USER, registered on the WEBSITE, by means of their own username and password, over which the user has full responsibility of use and custody, being responsible for the veracity of all the data and declarations provided to EL CAPRICHO.
3. Purchase conditions
3. 1 To place the order it is necessary that the USER should previously register as a customer, for which they will be redirected to a page to fill in all the necessary information to open an account if it is a first order, or identify themselves if they already own an account.
3. 2 The information needed to open an account is name, surname, billing address, telephone number, e-mail address, username and password.
The customer must select the product that they want to acquire and the quantity. This operation will be displayed in “my account”, where the customer must fill in the information requested.
3. 3 The purchase of products offered on the website bodegaelcapricho.com will be completed at the time that the user pays the product price publicly displayed on the website.
3. 4 For the acquisition of the Products, the Customer must meet the following requirements:
• Be a natural or legal person with residence or domicile on the Spanish mainland or the Balearic Islands, France or Portugal.
• In the case of individuals, they must be of legal age and with sufficient legal capacity to make the purchase.
• In the case of a legal entity, the person placing the order must have sufficient powers to carry out the transaction on behalf of the legal entity.
• In all cases, they must be the final consumer, in accordance with the provisions of Royal Legislative Decree 1/2007, November 16th, which approves the Revised Text of the General Law for Defence of Consumers and Users; i.e. for the Customer’s own consumption or for the people on whose behalf the Customer is legally authorized to act. As a result, wholesalers, distributors, purchasing centres, supermarkets and other professional intermediaries of the same sector as EL CAPRICHO are excluded, without limitation, from the use of the website..
3. 5 In accordance with the foregoing, the resale of Products purchased through the WEBSITE is strictly prohibited.
4. Purchase process
4.1 The USERS can purchase the products on the WEBSITE following the online purchase procedure, through which they are able to select and add various products to the basket.
4.2 They must fill in and/or check the information that is requested at each step, and it will be possible to modify the data before making payment.
4.3 The User will receive an email confirming their order.
4.4 Once the purchase procedure is completed, an electronic invoice will be generated and sent to the User’s email.
5. Information about the products
Meat products are rich in proteins and essential minerals and have a high nutritional value. For their conservation, we recommend that customers keep the products at a temperature between 0 ° and 6 ° C if they are refrigerated or -18ºC if they are frozen.
If the products are to be consumed raw or semi-raw, the recommendations issued by the Spanish Agency for Food Safety and the equivalent bodies in the Autonomous Communities area should be followed.
6.1 The specific description of each Product and the applicable sales price will be published with a photo on the Website.
6.2 The price of the products offered on the website will be the price on the day of the completion of the purchase, regardless of the day on which the order is delivered.
6.3 The prices given on the Website will be expressed in EUROS, and will include the VAT applicable to each product.
6.4 The delivery costs of the Product are not included, nor the cost if it is delivered cash-on-delivery. In all cases, the delivery costs will be charged to the Customer.
6. 5. Prices may be revised and modified if conditions require it at any time. EL CAPRICHO guarantees the availability of all the Products offered on the Website. In the event that a specific Product is temporarily out of stock, it undertakes to indicate it by means of the statement “pending stock replacement”.
7. Billing and payment method
7.1 The payment involves the issue of an invoice in the name of the USER registered on the Website.
7.2 The invoice will automatically be sent to the email address provided by the USER, and will also be included with the purchased product.
7.3 The accepted methods of payment are credit or debit card (Visa, Master Card) or PayPal, and the amount will be charged at the moment of the transaction.
7.4 EL CAPRICHO declares that the website bodegaelcapricho.com uses certified encryption technology to protect the User’s data from unauthorized access by third parties and to protect the order. The data is encrypted on transmission, with 3D and SSL (Secure Socket Layer) procedures. All personal information is treated confidentially.
8. Delivery of orders
8.1 The Products are delivered to the Clients’ residence in refrigerated vehicles, equipped so that the Products arrive in optimal storage conditions at the destination address. Transportation is carried out by express service transport companies.
The delivery of the purchased products will be made at the address designated by the USER, and EL CAPRICHO will not assume any responsibility when the delivery of the product is not made as a result of the data provided by the USER being inaccurate, incomplete, false, or unable to be carried out for reasons beyond the control of the delivery company, such as the absence of the recipient.
The USER can check the status of their order by phoning 987-632299, 987-664227 or through the customer service emails firstname.lastname@example.org and email@example.com
8.2 Delivery schedules: The purchase will be delivered from Monday to Friday, except on bank holidays.
8.3 Delivery areas: Peninsular Spain and the Balearic Islands, Portugal and France.
We send orders within the Peninsula in 24/48h.
For orders over €200 there will be no additional cost for delivery, as delivery will be free for the customer.
For orders under €200 the delivery cost will be €13.95 (including VAT)
BALEARIC ISLANDS (ONLY Mallorca, Menorca and Ibiza)
We deliver to the Balearic Islands (Mallorca, Menorca and Ibiza) in 48/72h. For orders over €300 there will be no additional cost for delivery, as delivery will be free for the customer. For orders under €300 the delivery cost will be €29.95 (including VAT).
We deliver to Portugal in 48/72h.
For orders over €200 there will be no additional cost for delivery, as delivery will be free for the customer. For orders under €200 the delivery cost will be €19.95 (including VAT).
We deliver to France in 48/72h.
For orders over €300 there will be no additional cost for delivery, as delivery will be free for the customer. For orders under €300 the delivery cost will be €39.95 (including VAT).
Delivery costs: Delivery costs at home per order will be published on the website.
9. Incidents and consumer complaints
9.1 If, at the time of delivery to the Customer, the Product presents defects or faults in accordance with the agreement between the Parties, the Customer may request a replacement of the Product, unless this is objectively impossible or disproportionate in accordance with the legislation applicable.
9.2 For any incident related to the order, the Customer can contact us through our customer service phone +34 987 63 22 99 or via email at firstname.lastname@example.org.
9.3 For perishable products, the right of return is limited to a maximum of 24 hours from the delivery of the goods, in accordance with the legislation in force, Royal Legislative Decree 1/2007, November 16th, which approves the Revised Text of the General Law for the Defence of Consumers and Users.
If a product arrives in poor condition due to transport, THE CUSTOMER must indicate this on the carrier’s delivery note and communicate it within 24 hours of receipt to our customer information phone line and also communicate this circumstance via email.
10. Right of withdrawal
Considering the nature and characteristics of the Products, especially the perishable nature thereof, for hygiene and food safety reasons the right of withdrawal will not be applicable, in accordance with the provisions of current legislation, article 103, sections c and d of the Royal Legislative Decree 1/2007, November 16th, which approves the Revised Text of the General Law for the Defence of Consumers and Users.
11. Protection of personal data
The personal data collected in the contracting procedure made on the website email@example.com will be processed to complete the purchase, charge the customer and issue an invoice, as the collection of the data requested is necessary for the purposes indicated.
Interested parties may exercise their rights of access, rectification, opposition and cancellation by contacting the address given in these general contract conditions.
The user must provide real up-to-date information, and is responsible for all consequences that may arise from any false data provided.
For the purposes of these General Conditions, any communication that may be required between EL CAPRICHO and the Users must be sent to firstname.lastname@example.org indicating the User, password, and email.
13. Applicable legislation and jurisdiction
This contract will be governed by the Spanish legislation that is applicable in the provisions of the contract in terms of interpretation, validity and execution. For the resolution of disputes arising from these General Conditions, both parties will submit to the jurisdiction of the competent courts of León.