JESÚS NAVARRO, S.A. (hereinafter, CARMENCITA) in compliance with Spanish Law 34/2002, of 11 July, regarding Information Society Services and e-Commerce (hereinafter, LSSI), advises you that:
The owner of the website with the URL www.carmencita.com (hereinafter, the Web) is the entity Jesús Navarro,S.A., with address for the purposes of notifications in C/ Isaac Peral, 46, 03660-Novelda, (Alicante), with TIN nº A08941544.To contact us, we place at your disposal this e-mail address: sugerencias@carmencita.com and telephone number: +34 965 60 01 50
The present Conditions govern the use of the Web and complement the Privacy Policy and the Cookie Policy and, where applicable, the Particular Conditions which may be applicable (hereinafter, commonly known as, “the Conditions of Use”). By making use of the Web, you declare that you have read and accept, fully and without reservations, these Conditions of Use, our Privacy Policy and Cookie Policy, when they may apply; entering into a binding contract with CARMENCITA.
CARMENCITA reserves the right to change the terms of the Conditions of Use of the Products included on its Web. In that case, CARMENCITA will provide sufficient advance notice about any change that is produced in the Conditions of Use and proceed to publish them in their new version replacing the prior ones automatically. Use of the Web after a change in the Conditions of Use will mean unequivocal acceptance of the same.
If you do not accept the Conditions of Use o the changes that are made in them, you can terminate the contract, not acquiring the products offered.
You acknowledge and accept that the information contained both with reference to the specifications of the Products offered on the Web and to the Conditions of Use and enhancement of the contract, are sufficient for the exclusion of error in the giving consent.
Notwithstanding that set forth in these Conditions of Use, the legal relationship between CARMENCITA and its customers shall be governed by that set forth in the present Contract subscribed to by both parties.
Use of the Web, browsing of its contents and/or access to the Services give the condition of User of the Web (hereinafter, the “User”) and means full acceptance without reservations of each and every one of the provisions of these Conditions of Use in the version published by CARMENCITA at the moment at which the User accesses the Web. We inform you that, according to that provided by the LSSI, the present contract will be formalised in Spanish.
In principle, access to the Content and Services of the Web shall be without charge
Every person who provides data through the Web shall be of legal age and possess full legal capacity and capacity to act, providing the data that CARMENCITA requests through the application. In the event that the User is a legal entity, the owner of the data states that they are filling in the registration form on behalf of the legal entity.
In any case, on filling in the contact forms of the Web, all information provided shall be true, exact and complete. To that end the User guarantees the authenticity of all those data transmitted. In the same way, it shall be the responsibility of the User to maintain all the information provided to CARMENCITA permanently up to date such it reflects, at all times, the real situation. In any case, the User shall be the only one responsible for false or inexact statements that they make and for the damages, of any type, that they cause CARMENCITA o third parties from the information they have provided.
The products offered on the web whose URL is: www.carmencita.com can only be acquired following the procedure established by CARMENCITA. Until your order is accepted by CARMENCITA, there shall exist no tie between the user and CARMENCITA.
3.1. Purchasing procedure. The purchase of products CARMENCITA offers shall be performed through the Web using the tool of the online registration helper set up for that purpose.
The user shall access the products that CARMENCITA offers though the Web, and which can be acquired via it, and on which the products will be described (characteristics, photos), and their price.
Once a product has been selected, the User shall indicate the number of units they wish to acquire, and shall continue buying or pay for the product.
At this moment the customer, if they are not registered, shall do so filling in a registration form indicating the following data:
– Name and Surnames.
– Contact telephone
– Country
– A valid e-mail address where the details of the order, together with the terms and conditions in pdf format and the invoice will be sent.
– They shall create a password which, together with their e-mail, will be what is requested in order to access the Web on subsequent occasions.
Once having been identified as a customer or having signed up, a delivery address for your product will be requested, with the following information, which can be marked as your place of work, home…:
– Delivery address
– Country
– Province
– Town
– Postal code
Before the registration form has been created and the e-mail confirmed, you will not proceed to pay via the payment platform.
You will be informed of the Terms and Conditions of the purchase, which you shall accept; we ask that you read it before confirming your acceptance. When the purchasing process has finished, an e-mail will be sent to the address you have given us with the invoice and the details of your order.
Once you have accepted the terms and conditions and made payment, the contracting shall be considered formalised and our company will begin preparing and sending the product.
Our transport company will deliver the product acquired at the delivery address you have provided to us.
Orders made by residents of European Union countries are subject to Regulation (EU) 2018/302 of the European Parliament and Council, of 28 February 2018, regarding measures designed to impede unjustified geographic blocking and other forms of discrimination based on nationality, place of residence or customers’ place of establishment in the internal market (hereinafter, Geo-Blocking Regulation).
3.2. Cancellation and returns.You shall be able to exercise your right of cancellation as long as the product has not been unsealed, in that case and by virtue of Art. by which the text of the consolidated General Law for the defence of consumers and users has been approved, the right of cancellation cannot be exercised.
That Article says, verbatim: The right of cancellation shall not be applicable to those contracts that refer to:
e) The supply of sealed goods which are not fit to be returned for reasons of protection of health and hygiene and that have been unsealed after delivery.
As the products that appear on this website are for food use, ALL are sealed in order to provide guarantees of health and hygiene. It is for this reason and in view of the text of the article mentioned, that the right of cancellation cannot be exercises once unsealed.
The legal period for exercising this right is fourteen (14) calendar days following the day that you, as opposed to the transporter, acquire possession of your Order’s products.
In the case of cancellation on your part, CARMENCITA, shall reimburse the price of the product you have paid, together with the shipping costs in a period no greater than fourteen (14) days from the time you have informed it of your desire to cancel the purchase.
In the event that you have placed an order comprised of more than one product and do not wish to return or cancel all of them, we will refund only the part proportional to the product you have cancelled, without the full or partial refund of the delivery costs related to the order. This is due to the fact that home delivery costs are fixed and paid per order made, not varying according to the number of products that make up the order.
If you receive an order erroneously or with errors, you must contact us immediately, in a period of 24 hours, indicating the error or flaw together with your personal data, through our client service, which shall be:
Via a telephone call: Monday to Friday, 09:00 to 14:00 to telephone number: +34 965 60 01 50
Via e-mail: sugerencias@carmencita.com, with a response period of 24-48 hours Monday to Friday.
We will proceed to examine the returned product closely and will inform you in a reasonable period if return or replacement of it (as the case may be) is to be made, which will be done as soon as possible and, in any case, within 30 days following the date on which we contact you confirming the return or replacement of the wrong product.
The amounts paid for those products are repaid due to errors in the order, when they really exist, will be fully refunded, including the shipping costs incurred in delivering the article and the costs you would have incurred in returning it to us. The reimbursement shall be made in the same form as was used to pay for the purchase.
Returns for cancellation or product defects can be made:
By mail or messenger to the postal address indicated on the cancellation form, you being obligated to pay the direct costs of the return, such as the costs of transport and shipping. We shall not be liable for losses, delays or shipments to an erroneous address of any product that you wish to return, so we recommend that you make the shipment by certified mail or with return receipt requested. Likewise, you shall be responsible for demonstrating that the articles have been returned, so we recommend, for your security, that the shipment always be made by a system that certifies delivery.
The right of cancellation shall be applicable as long as the products are returned in the same condition in which you received them, together with their complete, original packaging, labels and together with whatever accessory is related to them, as long as they have not been unsealed. If your return does not comply with the stipulated terms, you shall not have the right to receive any reimbursement of the amounts. CARMENCITA shall determine if the products are in the same condition in which they were sent.
In order to exercise your right to cancellation of the products acquired, you can use the form we attach in Annex I of the present document.
3.4. Shipping and delivery. . The shipment of products is carried out by messenger and/or transport companies with which CARMENCITA has signed agreements. The order you placed will be delivered within the maximum period that CARMENCITA indicates at the time, depending on the availability of the product and shipping places, for where the order confirmation has been made.
Shipping costs will be specified and accepted before “Finalising the purchase” according to the procedure established by CARMENCITA in this clause.
Orders will be sent to the delivery address that you provide for that purpose in the registration form. In this regard, CARMENCITA shall not be liable for the delivery address being wrong or incomplete.
Once the order has been placed, making any kind of change in the shipping address is not permitted.
In the event that the period indicated previously has passed without you having received your order, you must let CARMENCITA know of this circumstance through the media cited above.
If it turns out to be impossible to make the delivery, we will contact you to agree on a new delivery date. In case you want to change the address and/or delivery method selected initially, you shall, in all cases, assume the costs produced.
When your order is delivered, you must verify that everything is in accordance with what was ordered. If there is any discrepancy or problem with the order, you must contact CARMENCITA by our landline phone or our contact e-mail giving us your personal information and order number indicating the discrepancy or problem, and we will contact you shortly thereafter to solve the incident.
3.5. Availability of products.The products that CARMENCITA offers on its Web are subject to stock limitations, something you must accept.All orders for products are subject to their availability. If a product is not available after the order is placed, we will advise you as soon as possible. At that moment you will be able to change or cancel your order.
The cost of acquiring the product shall be that which is stipulated on our Web at all times.
CARMENCITA reserves the right to change the products offered on the Web at any time without prior notice. In no case shall such changes affect orders for which we have sent you Shipping Confirmation.
3.6. Prices and payment method.The prices on this website are shown in euros.
In accordance with the laws in effect, every purchase made from our website will be subject to the Value Added Tax (VAT) or any other indirect tax and/or tariff.
According to Spanish regulations, we are obliged to issue an invoice for orders greater than €3,000 (taxes included).
The price of the products shall be that stipulated on our Web at all times.
The shipping costs shall be reported in the purchase summary before payment is made.
CARMENCITA reserves the right to modify the prices shown on the Web without prior notice. In no case shall such changes affect orders for which we have sent you Shipping Confirmation.
CARMENCITA accepts payments with credit or bank cards, transfers and cash on delivery.
In order to access the Services and Contents and/or forms included on the Web that require the recording of your identifying data, you must read and freely accept our Privacy Policy before providing your data; by accepting that Privacy Policy you give your informed, express, free and unequivocal consent that the data you provide to CARMENCITA are processed according to that set forth in the applicable regulations in effect
CARMENCITA will use cookies during the provision of the Services and Contents on the Web. All the information regarding the use CARMENCITA makes of cookies is contained and detailed in our Cookie Policy.
CARMENCITA or third parties, whose rights in this regard are legitimately held by CARMENCITA, who is the owner and/or licence holder of all the information contained on the Web, of its graphic design, images, software, databases, indices, source code, brands, industrial drawings, logotypes, service names and any other symbols subject to industrial and/or trade use, being protected according to that set forth in the Spanish Intellectual Property Law, the Brands Law, and any others that may be applicable (hereinafter, the Web Contents). Its placement at disposal and use does not mean, in any case, the assignment of any of the rights to use them or the granting of a right of use for your benefit or for third parties that might be able to access the contents of the Web illegitimately, so that any reproduction, copying, distribution, full or partial, commercialisation, public transfer or transformation shall require the prior written authorisation of CARMENCITA.
Prohibited is the elimination, manipulation or any alteration of the “copyright” and other data identifying the reservation of rights by CARMENCITA, or of the third-party titleholders, whose rights in this regard CARMENCITA legitimately holds by virtue of agreements with them.
CARMENCITA only assumes responsibility for the content it owns, which shall be identified by the ©copyright symbol. Notwithstanding the foregoing, CARMENCITA assumes no liability for any misuse made of the contents of our website,that being the sole responsibility of the person who accesses or uses them.
Nor does it assume any responsibility for the information contained on the websites of third parties which can be accessed by links or search engines from our website, nor of the contents that come from sources outside of CARMENCITA, in the event they are included on our Web and are not up to date or are inaccurate. In the event CARMENCITA is aware of this, it shall do whatever is reasonably possible to update or correct those contents.
The products offered on the web whose URL is: www.carmencita.com can only be acquired following the procedure established by CARMENCITA. Until your order is accepted by CARMENCITA, there shall exist no tie between the user and CARMENCITA.
Notwithstanding the foregoing, CARMENCITA does not deny its liability for the products supplied by it and includes all the information required by the regulations in force.
In general the User is obliged to complying with the present Conditions of Use and, where applicable, the special warnings or instructions for using the contents of the Web and working always in accordance with the Law, good morals and the demands of good faith, employing the diligence appropriate to the nature of the service enjoyed, refraining from using the Web in any way that may impede, damage or worsen the normal operation of it, the goods or rights of CARMENCITA, its suppliers, partners, the rest of the users and in general any third party.
CARMENCITA provides access to information of different natures on its website, you assuming the responsibility for the use of it. You promise to make proper use of the contents and service (such as, for example, blog services, discussion forums or newsgroups) that CARMENCITA may offer through its website and including but not limited to not employing them to (i) incur in activities which are illicit, illegal or contrary to good faith and public policy; (ii) disseminate contents or propaganda of a racist, xenophobic, pornographic-illegal nature or that excuses terrorism or impinges on human rights; (iii) cause damage to the physical or logical systems of CARMENCITA, its providers or third parties, introduce or spread computer viruses on the network on any other physical or logical system which may be susceptible to causing the damage mentioned previously; (iv) try to access and, if applicable, use the e-mail accounts of other users or change or manipulate their messages. CARMENCITA reserves the right to remove all those comments and contributions that do not respect the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that subvert youth or childhood, public safety and order or that, in its judgement, are not suitable for publication. In any event, CARMENCITA shall not be liable for the opinions expressed by users through forums, chats or other participatory tools.
The Services offered on the Web are offered to the User without any charge and only entails for the User the obligation to comply with these Conditions of Use. CARMENCITA has no obligation with respect to these Services to meet set levels of availability of the Web nor adopt specific security measures. Likewise, CARMENCITA can suspend, withdraw or cancel the Services in part or whole not subject to contracting at any time and without need for prior notice.
The internet connection to access the Web is in no case provided by CARMENCITA and is the responsibility of the User. It is the responsibility of the User to adopt all the technical measures appropriate to reasonably control risks and avoid damage to their equipment, loss of data or robbery of confidential information. For these purposes, you must have up-to-date systems for detecting malicious software, such as viruses, trojans, etc., as well as having up-to-date security patches corresponding to the browsers you use. For more information you can contact your Internet Service Provider who can provide more information.
CARMENCITA is not liable and denies its responsibility for any extension permitted by judicial order, for the damages that may be derived from, including but not limited to, (i) interference, omissions, interruptions, computer viruses, breakdowns and/or disconnection in the operation of this electronic system or the apparatuses and computer equipment of the Users brought about by causes external to CARMENCITA which may impede or delay the provision of the Services and Contents or browsing on the Web; (ii) Delays or blockages in use caused by inadequacies or overloads of the internet or other electronic systems; (iii) That may be caused by third parties through illegitimate intrusions beyond the control of the Web and that are not attributable to it
The provision of the Services of the Web, as regards blogs, social networks… has, in principle, an unlimited duration. Nevertheless, CARMENCITA shall be able to terminate the provision of the services, cancel or deregister the User in the even that they do not comply with any condition and/or obligation included in the present Conditions of Use.
CARMENCITA, nevertheless, is authorised to terminate or suspend the provision of the Web at any time. In any case, CARMENCITA shall comply with the delivery of confirmed Orders.
Whenever reasonably possible, CARMENCITA will notify, as far ahead as possible, of the termination or suspension of the provision of the service of the Web.
The User shall not be able to assign this contract (in whole or in part) without the prior, written consent of CARMENCITA. Nevertheless, CARMENCITA shall be able to assign all or part of the present Contract in the future to any entity that may be able to take charge of the provision of the Services included on the Web, announcing it thirty days in advance.
The present Conditions are governed and interpreted in accordance with the Spanish laws in effect. For any conflict that may arise, the User accepts being subject to the jurisdiction of the Courts of Alicante, except for the application of any law which may be the competence of another jurisdiction. Nevertheless, the parties shall do everything reasonably necessary to resolve the conflicts in a friendly manner.
If the contracting has been formalised online through our Platform, in compliance with that set forth in Directive 2013/11/EU of the European Parliament and Council, of 21 May 2013, regarding the alternative resolution of disputes in consumer matters, and of Regulation 524/2013 of the Parliament and Council, of 21 May 2013, regarding the resolution of online disputes in consumer matters, we notify all Users that they can carry out their complaints regarding consumer matters through the online conflict resolution platform that may be accessed via the following link http://ec.europa.eu/consumers/odr/.
