Purchase conditions
All purchases made on our website (hereinafter www.cortijolosalmendros.es) by the customer (hereinafter “Customer”) will be subject to the General Conditions of Purchase set out in this document.
If any aspect of the purchase is not contemplated in it, it will be regulated according to the legislation in force in Spain.
The order placed by the Customer implies his agreement and acceptance of these General Conditions of Purchase. No stipulation made by the Customer on these Conditions of Purchase may differ from those established by Cortijo Los Almendros (Javier López-Barajas Húder) (hereinafter cortijolosalmendros.es). All the information contained in the web pages www.cortijolosalmendros.es referring to the articles, their characteristics, their prices, their conditions of purchase including their forms and conditions of pickup and payment may be modified by cortijolosalmendros.es at any time and without prior notice, in order to have the general public promptly informed of such changes.
Some aspects of the current General Conditions of Purchase may be varied by special agreement between the Customer and cortijolosalmendros.es always with the express consent of cortijolosalmendros.es.
1. PRODUCTS AND PRICES
1.1 Except for typographical errors or omissions, the characteristics as well as the prices of the items available for sale are perfectly reflected in the different web pages that make up the www.cortijolosalmendros.es site.
1.2 The amount of the prices of the articles as well as any of their characteristics may be subject to review by cortijolosalmendros.es at any time without having any obligation to notify such modifications to the Customer by any means other than the exposure of such changes on its web pages. On the other hand, except for correction of typographical errors, once the purchase of an item has been made, cortijolosalmendros.es will undertake to maintain the price in force to the Customer at the time he placed his order.
1.3 TAXES:
1.3.1 The prices shown cortijolosalmendros.es on its website include taxes. VAT (Value Added Tax) will be applicable only to Customers whose current residence is located within the specific areas of application for this tax and when the client’s situation so requires, respecting in any case, the Spanish and European laws referring to it.
1.3.2 Apart from the taxes applied on the sale, the customs systems of each country will apply the corresponding tax charges.
2. ORDERS
2.1 It will be understood that the Customer has freely read, understands and accepts these General Conditions of Purchase when placing his order through the existing purchase forms on the website of cortijolosalmendros.es accepting (by checking) the box provided for this purpose.
2.2 Given that there are links on the website www.cortijolosalmendros.es for the free display of these General Conditions of Purchase, these will also apply to products ordered through any means other than the Internet order form (by e-mail, by telephone, by instant messaging, by fax or in person).
2.3 cortijolosalmendros.es always reserves the right to accept or deny at its own discretion any request for purchase, extension, renewal, modification or change of any of the items displayed on its websites.
2.4 The Customer affirms that both his own data, as well as those of payment and shipping provided to cortijolosalmendros.es are real and reliable. In the event that cortijolosalmendros.es found that any or all of these data are false, the purchase will be automatically canceled and the Customer may not claim any refund regarding the expenses derived from the management.
2.5 In the event that the Customer provides data of a third person or entity when making the purchase, the Customer shall be solely responsible for the fact that such third party or entity is aware of and expressly accepts such a situation. All liability for damages that may arise from this event shall fall entirely on the Customer, excluding cortijolosalmendros.es from any liability.
2.6 Any indication or query that the customer makes in the sections for comments on the order or in subsequent communications will be taken as merely informative and will not condition in any case the purchase made (the merchandise requested, the form of payment, the shipping times, delivery and by extension, any of these Conditions of Purchase).
2.7 Likewise, cortijolosalmendros.es reserves the right to withhold an order pending any information it needs from the customer. In this case, the shipping times will be delayed in relation to the time that the customer takes to answer.
3. PAYMENTS
3.1 The Client is responsible for the payment of invoices even if a third party intervenes on behalf of the Client, so the responsibility for providing the authentication, access or identification data to a third party is solely and exclusively the Client’s.
3.2 cortijolosalmendros.es will issue the corresponding invoice on the products purchased and will be sent to the Customer by e-mail so that later and if desired, he can print it on paper to dispose of it physically.
3.3 In the event that there is a refund of the charge made on a credit card / PayPal whose cause of return was not by mistake directly attributable to cortijolosalmendros.es, the Client will be charged with an additional fee of 5% on the value of the amount returned, which will make up the expenses incurred both in bank fees and collection management. This amount will be charged to the Customer in the terms and forms that cortijolosalmendros.es deems appropriate.
3.4 In any case cortijolosalmendros.es always reserves the right to decline an order or modify its form or type of payment as it deems appropriate.
3.5 PAYMENT METHODS:
Payment will always be made in Euros.
3.5.1 Deposits or Bank transfers made from Spain.
3.5.1.1 The Customer must make the transfer or deposit of the corresponding credit in the IBAN Account number provided to him when placing his order.
3.5.1.2 At the time of payment, it is important that you indicate in the concept or subject of the bank document the order number assigned to you. You must make the deposit or transfer as well as send the receipt within 48 hours following the order, otherwise your reservation will expire.
3.5.1.3 For the payment verification process, you must send us the bank receipt of payment by e-mail to comercial@cortijolosalmendros.es. In any case, the order will not be considered effective until our management department has the bank confirmation of the payment, it will be then when the order is processed.
3.5.1.4 Payment of the purchase amount must be received by cortijolosalmendros.es free of bank fees or other expenses arising from the transaction.
3.5.2 Transfers made from outside Spain.
3.5.2.1 In addition to the provisions of the previous section, you must take into account to make the payment of your purchases in EUROS and that all any bank fees for currency exchange will be borne by the customer.
3.5.2.2 When ordering your international transfer, the Customer must always indicate to his bank that it will be he who will be responsible for the bank fees and expenses derived from the transaction. Otherwise, cortijolosalmendros.es could paralyze the shipment of your order by not receiving the full amount of it.
3.5.3 Payments by charge on Credit Card (Authorized by the entity)
3.5.3.1 This is the usual card payment method on the Internet. In this type of payment, the operation is authorized by the issuer of the customer’s card by connection through the payment gateway (virtual POS) of the bank of cortijolosalmendros.es.
3.5.3.2 The customer will access a controlled environment in which he will directly provide the entity with his card details which will connect him with his bank / box to authorize the operation. In this way the payment will be made directly, legitimately and securely maintaining the privacy of the card information at all times.
3.5.3.3 Credit card fraud is a crime, and cortijolosalmendros.es, you will take legal action against anyone who makes or attempts to carry out a fraudulent transaction or scam.
3.6.5 Payment by PAY-PAL
3.6.5.1 The customer can select this payment method to pay for purchases. Doing so will connect you with the PayPal environment so that there you identify yourself as a user and finalize the payment. Likewise, and if you do not have an account in PayPal the client can use the payment gateway of this company to make the payment by credit card.
3.6.5.2 Credit card fraud is a crime, and cortijolosalmendros.es, you will bring legal action against anyone who makes or attempts to carry out a fraudulent transaction or scam.
4. SHIPPING AND DELIVERY TIMES
4.1 The nature of each product and the characteristics of the product selected by the Customer will determine the period of time that elapses since we receive the payment confirmation and the date on which the product is received.
4.2 On the web pages of cortijolosalmendros.es we inform of the indicative delivery time of each article which must always be considered and for all purposes as merely informative exempting cortijolosalmendros.es from any liability derived in the event that these are not fulfilled.
4.3 In no case can any delay in the receipt of an order justify the cancellation of the same or the request for compensation by the Customer or third parties.
4.4 The indicative deadlines indicated for the delivery of the products to the customer will always begin to count from the receipt by cortijolosalmendros.es of the actual confirmation of payment of the total amounts, so until that moment the order will not begin to be managed. If the receipt or acceptance is received after 5:00 p.m., the processing of the order will be carried out from the next day.
4.5 Orders placed on Fridays after 5:00 p.m. or on weekends or holidays, will be processed from Monday of the following week or the first working day.
4.6 Deliveries will be made postage paid by the customer making the purchase.
4.7 The delivery time described will be effective even if the customer is not reachable at the place and time mentioned by him, the products will be understood to be delivered on time.
4.8 Delivery times will also depend on the availability of each product. In orders for several items, a single shipment will be made that will correspond to the article whose delivery time is longer. These deadlines are for guidance and cortijolosalmendros.es will endeavour as far as possible to respect them.
4.9 Any penalty clause for delay introduced by the Customer in his order is null and void upon acceptance of these General Conditions of Purchase.
4.10 Delivery is deemed to have been made once the product is made available to the consignee by the carrier, with the consignee having the obligation to sign the receipt of the delivery. Likewise, the receiver who signs and receives the product must verify the conditions in which he receives the package to ensure that it does not present damages. If you detect any anomaly that could have been caused in the transport and you are not satisfied, you must state it at that precise moment. You must communicate your disagreement to cortijolosalmendros.es no later than 24 hours after the delivery of the items.
4.11 The customer will have 24 hours to check the integrity of all the components of the product as well as check that it includes all the accessories indicated in the characteristics of the article shown on the pages of cortijolosalmendros.es. After that time, the integrity and content of the product will be considered accepted. If you have any other questions, do not hesitate to send us an e-mail to comercial@cortijolosalmendros.es.
4.12 Shipments to Spain (Peninsula)The general delivery time is between 3 to 5 days. Orders will be sent through a transport agency.
4.13 Orders from European countries (with the exception of Spain): The Customer must contact by e-mail to comercial@cortijolosalmendros.es to check if there is shipping to their country, the deadline and shipping costs.
4.14 Non-EU Orders: The Customer must contact by e-mail comercial@cortijolosalmendros.es to consult if it is possible to receive the item in his country, the term and the shipping costs.
5. WARRANTIES AND RESERVATIONS
5.1 cortijolosalmendros.es hereby represents and warrants that he may sell his own and third-party products through his website www.cortijolosalmendros.es and that he is in possession of sufficient means (both in technical equipment and in the provision of services) for the complete sales process.
5.2 cortijolosalmendros.es makes no warranties about the results that may be obtained from the use of its products, nor about the full reliability or absence of errors thereof.
5.3 cortijolosalmendros.es makes every effort to ensure that the information appearing on its websites or documents is correct, but cannot guarantee the accuracy of the descriptions.
5.4 Losses in the functionality of the items are excluded from the coverage of this warranty.
5.5 Any guarantee offered by both cortijolosalmendros.es will cease to be effective if the personnel of cortijolosalmendros.es reliably verify the manipulation by the client of the characteristics of the same or in the case of having the loss of integrity or rupture of the security seals arranged for this purpose.
5.6 Risks to the integrity of the products are transferred to the Customer from the moment of delivery.
5.7 cortijolosalmendros.es guarantees that the information transactions carried out through the forms on its order pages are totally secure within the current technological framework. In the purchase forms, all operations involving the transmission of personal data are carried out using a secure environment.
5.8 To help us improve our service. The customer service department has an after-sales service to solve any problem with our articles or shipments, through which we try to offer you a fast and effective service.
6. RETURNS
Returns address: Cortijo Los Almendros (Javier López-Barajas Húder). C/ Diego de Siloé, 4. 1819. Monachil (Granada).
There may be different circumstances to proceed with the return of an order.
6.1 The price marked on the product contains an error, in which case the cortijolosalmendros.es staff will inform you of the new price and you will be consulted if you wish to receive it.
6.2 The product received suffers damage during transport. When receiving the merchandise you must ensure that the package externally is in good condition and does not present symptoms of having received any blow, if so you must reject the shipment reflecting the incident on the delivery note of the carrier and notify us to the Customer Service department during the following 24 hours.
Once your order has been received, you must open it and check that the merchandise apparently does not present any anomaly. To make a claim to the insurance must be communicated before 24 hours after receipt of the product.
6.3 Right of withdrawal. The Customer has 14 calendar days after receipt of the goods to execute the right of return or withdrawal. The procedure for the return must be processed through the email: comercial@cortijolosalmendros.es indicating: the subject ”Withdrawal” and you will receive the Withdrawal Form or you can download it by clicking here. The goods can be returned up to 14 days after this communication.
The amount will be refunded to you in the same way you made the purchase. If the payment was made by deposit or transfer you must indicate your IBAN account number for the refund of the amount, the cost of returning the product will be borne by the Customer. After 14 calendar days from the date of withdrawal, the Client will not be able to exercise his right to exercise of withdrawal.
6.4 Likewise, and by accepting these General Conditions of Purchase, the Customer is informed and accepts the following requirements to make the return:
6.4.1 Be within the established period of 14 calendar days.
After this time the Customer will NOT be able to claim any amount for the return of the product.
6.4.2 The product must be in perfect condition, including everything that is linked to the purchase of the aforementioned item. In the case of not being received in its original packaging, the article will suffer a depreciation that will be passed on to the consumer.
6.4.3 The product must be perfectly packed to avoid damage and incidents in transport.
6.4.4 The packaging of the product may not be used as a postal package (do not paste the delivery order directly onto the spare part carton).
6.4.5 The delivery note or invoice issued together with the product subject to return must be accompanied.
6.4.6 In cases where our after-sales department detects that the returned product has been improperly handled by the Customer, opened or unsealed, the return will not be accepted, and if accepted, the full amount paid in the purchase will not be refunded.
6.4.7 The refund of the amount will be made in the same way in which the payment was made except when the payment has been made by entering in cash or bank transfer being in these cases the return by bank transfer.
6.4.8 cortijolosalmendros.es will proceed to refund the corresponding amount within a maximum period of 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the end of that period.
6.4.9 In general, only returns that comply with the return conditions expressed in this document will be accepted. Once authorized, you will be told how to do it and the conditions for the return to be accepted.
6.4.10 Changes to the product will only be accepted when there has been an error in the shipment by cortijolosalmendros.es. In this case you must notify us through comercial@cortijolosalmendros.es before 24 hours of receipt of the product and we will give you the indications for the change.
7. RESPONSIBILITIES
7.1 cortijolosalmendros.es is not responsible for what is exclusively attributable to the Customer.
7.2 cortijolosalmendros.es cannot guarantee the continuous availability and delivery times of the products offered on its website. The Customer agrees to assume within reasonable limits, delays and imperfections in the delivery service or in the availability of the product if these situations occur.
7.3 cortijolosalmendros.es shares the work of the process of sale and distribution of its articles with other suppliers (handlers, packaging, management, storage, transport… etc), so if there is any problem or delay in such a process in no case should cortijolosalmendros.es be held responsible for it.
7.4 Therefore, with the acceptance of these Conditions of Purchase, the Customer expressly waives to claim any liability, contractual or non-contractual, damages to cortijolosalmendros.es for possible problems, delays in delivery or cancellations of purchases if applicable.
7.5 cortijolosalmendros.es accepts no liability arising from the sale of its products, for loss or business interruption, for failure to meet customer expectations or for any other damage to the Customer or third parties.
7.6 The use that the Customer makes of the products purchased is the sole responsibility of the Customer, in such a way that cortijolosalmendros.es is not responsible in any way (neither direct nor subsidiary) for any direct or indirect damage, which the Customer may cause himself or to third parties for such use.
7.7 The products purchased in cortijolosalmendros.es by the Customer must not be used for immoral purposes or that may damage the sensibilities of third parties (radical, violent, racist or xenophobic, defamatory or others that by their nature harm or discriminate against any person or group of people, ethnicities, ideologies, sex, age, social or economic status). The use that any person makes of the products purchased in cortijolosalmendros.es must always be framed within the framework of legality. The Customer hereby expressly exempts cortijolosalmendros.es from any liability arising from the use of its products.
7.8 In no event shall cortijolosalmendros.es, managers, senior officials, administrators, shareholders, agents or workers dependent on it incur any liability for any direct or indirect cause related to the use made by the Customer of the product purchased.
8. COMMUNICATIONS
8.1 The Customer undertakes to always keep operational, active and updated the e-mail address provided in his order for fluid communications with cortijolosalmendros.es, since it constitutes the preferred means of communication of cortijolosalmendros.es for agile and smooth management in the sales management process.
8.2 If the Customer wishes to change the contact e-mail address provided when making his purchase, he must do so through e-mail communication, complying with the security requirements required by cortijolosalmendros.es in order to verify the legitimacy of the request, so that at no time is the communication between both parties interrupted.
8.3 The Client shall be held fully responsible for the consequences that the lack of operability of his e-mail address or that the absence of communication for the updating of said data in our records could produce.
8.4 In the event that the Client is assigned individual registration and authentication data for legitimate access to the web pages of cortijolosalmendros.es (such as username, passwords or passwords), he will be solely responsible for its use, protection and maintenance of its confidentiality. The use of these identifiers and the communication of the same to third parties, will occur under the sole responsibility of the Client being the latter the final responsible for the purchases, communications or actions made using said data.
9. LEGAL INFORMATION
9.1 The Customer under the age of 14 needs the consent of his parents, guardians or legal representatives for the realization of the purchase in www.cortijolosalmendros.es. The Client acknowledges being over 14 years of age or having the corresponding consent of his parents, guardians or legal representatives to make purchases and payments through the pages of cortijolosalmendros.es.
9.2 The Client shall indemnify cortijolosalmendros.es for all expenses that may occur in the event of being imputed by the Client (or by third parties related to the Client because of the purchase), in any cause whose responsibility was not directly attributable to him, including in such compensation the fees and expenses of the lawyers of cortijolosalmendros.es, even when the court decision was not final.
9.3 In what is not foreseen in this document, as well as in the interpretation and resolution of conflicts that may arise between the parties as a result of it, Spanish legislation will apply.
9.4 If any conflict or difference arises between the buyer and seller parties in the interpretation and execution of this document, and will not be resolved by mutual agreement, it will be resolved at the request of either party and after written communication to the other, through arbitration.
9.5 All the foregoing shall be understood without prejudice to the fact that the parties may submit to a judicial procedure, in which case it will be done before the jurisdiction and competence of the Courts and Tribunals of Granada, renouncing the client’s own jurisdiction.
