These General Terms and Conditions of Use and Contracting (hereinafter, "the General Terms and Conditions") govern, together with the Privacy Policy and the Cookie Policy, the access and use of the website www.gourmet-madrid.com and the associated iOS / Android mobile applications (hereinafter, the "Portals") as well as the contracting of products and/or services through these. The simple access to the Portal attributes to whoever performs the condition of User of the Portal (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions. If you do not agree with these General Conditions, you must immediately leave the Portal without using it.

By accepting these General Conditions, the User declares

• Who has read, understands and understands what is stated here.
• That he or she is of legal age in accordance with the regulations in force in his or her place of residence, otherwise the minor must have the authorization of his or her legal representatives.
• That, in case you are about to contract any product and/or service, you have enough capacity to do so.
• That you assume all the obligations set forth herein.

 

1. General information about the Portal

In compliance with the provisions of Article 10 of Law 34/2002 of 11 July, on information society services and electronic commerce, the general information on the Portal is provided below:

Owner: Espagne Ibérique Gourmet (hereinafter "Gourmet-Madrid").

Head office: 60 rue de l'industrie 78200 Buchelay (France)

TAX IDENTIFICATION NUMBER: 813595352

E-mail: info@gourmet-madrid.com

Registration data: Registre de commerce de Versailles.

 

2. Terms of use

2.1. Access to the Portal

Simple access to the Portal is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

 2.2. Need for Registration

The use of certain services and contents may be conditioned to the prior registration of the User.

The data entered by the User must be accurate, current and truthful. The registered user will be responsible at all times for the custody of his or her password, assuming as a consequence any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. To this end, access to restricted areas and/or the use of services and content carried out under a registered User's password will be deemed to have been carried out by the said registered User, who will be responsible in all cases for said access and use.

 

2.3. Rules for using the Portal

The User is obliged to use the Portal and all its content and services in accordance with the law, morality, public order and these General Conditions. 

2.4. Exclusion of Liability

The access of the User to the Portal does not imply for Gourmet-Madrid the obligation to control the absence of virus, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of suitable tools for the detection and disinfection of harmful computer programs.

2.5. Intellectual and industrial property

All the contents of the Portal, understanding by these, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are the intellectual property of Gourmet-Madrid or of third parties, and none of the exploitation rights recognised by the current regulations on intellectual property can be understood to have been ceded to the User.

3. Conditions of Contract

3.1. User Registration

The use of the services provided by Gourmet-Madrid implies the need to register the User in the Portal.

The User must proceed to register by indicating his full name, email address and may indicate the email address of a sponsoring User. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that he/she has access to it.

In any case, the User will be required to accept these General Conditions, as well as the Privacy Policy and the Cookie Policy.

Once the User is correctly registered on the website, he can access "My Account" at any time. Through "My Account" the User can modify his personal data as well as the data related to the shipment of orders, check if he has orders pending delivery.

In the "My Account" section, the User can view the gift vouchers available, download the invoices for the orders, control which friends of the User have registered in Gourmet-Madrid by recommendation of the User in the "My Sponsors" section and the possibility to cancel the account at any time indicating a reason for cancellation.

3.2. Terms of delivery

Gourmet-Madrid only sends its products to Peninsular Spain and European Union. It will not be possible to make the purchase process through the Portal to destinations other than those indicated. Gourmet-Madrid does not send products to the autonomous cities of Ceuta and Melilla.

The buyer is responsible for the legality of the shipment of the products to the country of destination. He will be responsible for possible sanctions or destruction of the order without being able to ask for any refund.

The purchase of products on the Portal is subject to the payment of shipping costs, at the expense of the buyer.

Shipping costs will depend on the destination and the amount of products purchased. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review these costs before finalizing his purchase. Gourmet-Madrid cannot be responsible for the delay in the delivery of the orders due to causes not directly attributable to Gourmet-Madrid, fortuitous cases or force majeure.

The shipping costs include, in addition to the transport of the products, their packaging, insurance against loss or breakage, as well as VAT

Orders will be delivered to the delivery address freely designated by the User. Gourmet-Madrid will not assume any responsibility when the delivery of the product is not carried out as a consequence of the inaccuracy or falseness of the data provided by the User for this purpose, as well as in the case that the delivery cannot be carried out due to causes beyond the control of Gourmet-Madrid, such as the absence of the recipient at the delivery address.

In the event of the recipient's absence and whenever possible, a transit note shall be left with the information necessary to agree on a new delivery to the recipient's address or the necessary indications for the recipient to go and collect the product at a certain location. In any case, after 7 days from the last delivery attempt without the order has been delivered, it will be returned to origin and the contract will be terminated.

3.3. Warranty

The products marketed through this website have the guarantees offered by the producers of these products. In those incidents that justify the use of the guarantee, the article will be repaired, replaced, reduced or returned, under the terms established by law. The Royal Legislative Decree 1/2007 of 16 November gives a legal guarantee of 2 years from the date of delivery for goods of a durable nature. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

In the case of food, the return period is 10 days from its receipt and must be previously authorized by Gourmet-Madrid.

No refunds are allowed for fat on Iberian hams and shoulders as fat is a natural characteristic of Iberian products.

3.4. Price of the products

The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in Euro currency (Euro) and include Value Added Tax (V.A.T.) only for European Union countries. Possible taxes and fees to be paid in the country of destination are not included.

3.10. Method of payment

The purchase of products through the Pasarela de Gourmet-Madrid allows the following forms of payment:

- Payment by debit or credit card (VISA, MASTERCARD and AMERICAN EXPRESS) through a virtual POS.

- Payment by Paypal.                            

To use the credit card through a virtual POS, the buyer must fill out a form indicating the name of the card owner, type of card, card expiration date and security code.

Gourmet-Madrid does not have access to the bank details linked to the means of payment and does not know or record these details during the payment operation.

3.11. Confirmation of receipt of acceptance

Once the purchase process is completed, the User will receive, at the e-mail address designated in the registration form, a communication specifying the acceptance of the order.

3.12. Right of Withdrawal

In any case, the buyer will have a period of fourteen (14) calendar days after receiving the Product to exercise its right of withdrawal without having to justify reasons or have any sanctions.

In accordance with Article 102.d) of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the supply of goods that may deteriorate or expire quickly is not applicable, and therefore the right of withdrawal cannot be exercised on bottles that have been opened, for example, due to the rapid deterioration of the content in such cases.

This disclaimer does not apply to food products for reasons of food safety.

To cancel the order, you only need to request the return authorization by email: info@gourmet-madrid.com including your name and address, as well as your order number.

Gourmet-Madrid will reimburse the sums paid by the User without any deduction of expenses. However, the cost of returning the product will be charged to the User.

4. Applicable law and competent jurisdiction

In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes with us, which can be accessed via the Internet address https://ec.europa.eu/consumers/odr/.

These General Conditions shall be governed by and interpreted in accordance with Spanish law. Gourmet-Madrid and the User agree to submit any dispute that may arise from the provision of the products or services subject to these General Conditions to the Courts and Tribunals of Toledo