These general contracting conditions together, where appropriate, with any specific conditions that may be established, will specifically regulate any relationships that arise between the users who purchase the Products offered via the Store and SMA Asturian Food&Drinks S.L.
These General Conditions have been drawn up in accordance with the provisions of Law 34/2002 on information society services and e-commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1 enacted on 16 November 2007, which approves the revised text of the General Consumer and User Protection Law and other complementary laws, Law 7/1996 on the Organisation of Retail Trade, Law 59 enacted on 19 December 2003 regarding Electronic Signatures and any applicable legal provisions and the Royal Civil Code set out in a Decree enacted on 24 July 1889.
SMA Asturian Food&Drinks S.L. hereby informs that the procedures to carry out the acquisition of goods are those that are described in these general conditions, as well as those other specific ones indicated on the screen whilst browsing, and so the User declares that he/she is aware of and accepts that said procedures are necessary in order to access the products and services offered at the Website.
Any modification and/or correction of the data provided by the Users during browsing must be carried out according to the indications included at the Website.
The Products offered at the Store, along with their characteristics and the price, will appear on the screen. The user will always be aware of the shipping costs to the User’s address for each product order which will always be paid by the buyer. The prices indicated on the screen are in Euro and they include VAT and any other applicable tax and they will be in force at all times. Any offer or special price will be duly indicated on the screen. SMA Asturian Food&Drinks S.L. reserves the right to decide at any time the Products that are contained and offered to Users via the Store. In this way, SMA Asturian Food&Drinks S.L. may, at any time, add new products to those included at the Store, which will be subject to the General Conditions in force at that time, unless otherwise provided for. In the same way, SMA Asturian Food&Drinks S.L. reserves the right to withdraw a product at any time without prior notice.
To purchase products at the Store, Users will be asked to provide the necessary data, to which end said Users, who must be over eighteen (18) years of age, must complete the instructions that appear on the screen. In the event of registration, the Username and Password provided by SMA Asturian Food&Drinks S.L. to the User are identifying, enabling elements for accessing and making purchases and they are personal and non-transferable. The User Name cannot be modified by the User, but the password can, in which case the modified keys will lose their validity.
Once the User has registered, he/she will be able to make his/her purchase according to the instructions on the screen. In addition, they will know the delivery date and in order to purchase they must accept these General Conditions as well as the Specific Conditions in place. The purchase prices will be those in force at the time the order is placed. Once the purchase has been made and as soon as possible, SMA Asturian Food&Drinks S.L., as appropriate, will send the User by e-mail proof of the purchase made. Furthermore, the Customer may request an invoice from SMA Asturian Food&Drinks S.L. which they will receive in the shortest possible time. The order confirmation and proof of purchase will not be valid as an invoice.
SMA Asturian Food&Drinks S.L. reserves the right to cancel access to the Store and thus cancel the Username and password for those Customers who have debts or unpaid balances with SMA Asturian Food&Drinks S.L.
Payment and delivery method.
Payment of the price of the purchased goods and shipping costs can be made by bank transfer or by bank card. To proceed with the payment, the User must follow each and every one of the instructions that appear on the screen. All data provided for these purposes is encrypted to guarantee maximum security. They are hosted on a secure server certified according to the SSL protocol. SMA Asturian Food&Drinks S.L. further declares that under no circumstances will they store in any way the data provided by Users via the payment gateway and that they are only kept whilst the purchase is being carried out, the payment is made and until the expiry of the withdrawal period. In order to guarantee the greatest security to our customers, SMA Asturian Food&Drinks S.L., as appropriate, reserves the right to request the documents pertaining to the identity and means of payment of the User, prior to the delivery of the order. Once the payment has been made, SMA Asturian Food&Drinks S.L. will duly verify receipt of the payment. The customer will receive an e-mail in which he/she will be notified that the payment has been accepted. It will be at this time that SMA Asturian Food&Drinks S.L. will duly deliver the order.
As regards the delivery of the products, the user may choose between two options: home delivery in Spain or collection at our premises at the address provided as the Registered Office. The delivery will always be carried out within thirty (30) calendar days after the order placement date. Shipping costs will be stipulated in each purchase.
Withdrawal from the orders placed
The Customer has the right to withdraw from this contract within a period of 14 calendar days without the need for any justification. The withdrawal period will expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods. To exercise the right of withdrawal, you must notify us of your name, your full address and, where available, your phone number, and your e-mail address, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or e-mail) or call us on our Customer Service at (+34) xxx xxx xxx. To comply with the withdrawal period, it shall suffice that the communication regarding the exercising by you of this right is sent before the corresponding period expires.
Consequences of withdrawal.
Your withdrawal entails the return of all payments received from you, including delivery costs (with the exception of any additional costs deriving from your choice of a delivery method other than the least expensive ordinary delivery method that we offer). Payments will be returned without undue delay and, in any case, no later than 14 calendar days as from the date on which we are informed of your decision to withdraw from this contract. The refund will be made by the same means of payment used by you in the initial transaction, unless specifically stipulated otherwise. In any case, you will not incur any expenses as a result of the refund. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first.
You must return the goods to us directly at our address established for collection (registered office) without undue delay and, in any case, no later than 14 calendar days as from the date on which you communicate your decision to withdraw from the contract. You must bear the direct cost of returning the goods. This cost is estimated to be approximately the cost, in euros, of shipping the goods. You will only be liable for any decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
SMA Asturian Food&Drinks S.L., as a seller, undertakes to deliver to the consumer and user products which are in accordance with the contract, being liable vis-à-vis the latter for any lack of conformity that exists at the time of product delivery. SMA Asturian Food&Drinks S.L. guarantees that in the event that the product contains some type of defect or does not comply with the provisions of the contract, the Customer may choose to replace the product free of charge, unless this option is impossible to comply with or disproportionate. Our products will conform to the provisions of the contract provided that:
- They comply with the description provided by SMA Asturian Food&Drinks S.L. and are endowed with the qualities of the product that has been presented to the consumer and user in the form of a sample or model.
- They are suitable for the uses to which products of the same type are usually assigned.
- They are suitable for any special use required by the consumer and user when this has been made known to the seller at the time the contract is signed, provided that the latter has admitted that the product is suitable for said use.
- They are endowed with the usual quality and features of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the products made by SMA Asturian Food&Drinks S.L., in particular in terms of advertising or labelling. SMA Asturian Food&Drinks S.L. will not be bound by said public statements if it can prove that it was unaware and could not reasonably be expected to be aware of the statement in question, that said statement had been corrected at the time the contract was entered into, or that said statement could not have influenced the decision to buy the product. SMA Asturian Food&Drinks S.L. will duly replace the product provided that:
- The Customer notifies SMA Asturian Food&Drinks S.L. in writing of the existence of the defect within fifteen (15) days as from the date the product is available to the customer.
- It is proven that said defects have been caused exclusively by manufacturing or storage defects and do not derive from the irregular use of the product.
- The product is delivered to SMA Asturian Food&Drinks S.L. if required.