These conditions of sale (the "Sale Terms") govern the agreement between the company Enrique Tomas SL with CIF No. B-59544957 with fiscal residence in Calle Occitània 45, 08911 Badalona (Spain), duly registered in the Trade Registry of Barcelona ("Enrique Tomás") and the customer ("Customer") formalized through www.enriquetomas.com (the "Website") for the acquisition by customer of products through the Website.
2. CONTRACTING PROCEDURE
2.1. Eligibility to purchase
To make an order through the website, the customer must be of legal age (18 or older) and must be the final user. Minors are expressly excluded.
2.2. How to order
If you want to purchase any of the offered products in the website, select the product/s and add it/them to the shopping cart by clicking “add to cart “. When you have made your selection, go to the shopping cart located in the top right end and click “confirm”. By clicking the “confirm” icon on the order form, the customer totally and fully accepts all the Sale Terms appearing on the Website at the time of contracting. The purchasing protocol must follow the following steps:
2.2.1. Your personal data: address.
If you are currently user of Enrique Tomás online shop, you will need to give in your e-mail and password and the system will automatically download your data. If you are not a current user, we will ask your data to create an account and a shipping address. Once concluded, you click on register.
2.2.2 Shopping cart
In this window, you shall be able to add or edit some items in your shopping cart. You will be asked about the invoicing and shipping address that will be shown again in the next step.
2.2.3. Shipping costs
In this window, you may see the information of the shipping cost of your order in relation to the indicated shipping address. Remember to accept the general conditions to process the order. For more information refer to the shipping section.
You will be requested your bank account. You may pay with credit card, debit card or select PayPal or choose method of payment by bank transfer.
2.2.5. Receipt of the order.
You will get a window with your final order. Also, we will e-mail you a detailed description thereof and the personal data you have provided us with
2.3. Product availability.
The completion of an order through the website is subject to product availability.
Enrique Tomás attempts to guarantee stock of all products that are for sale. If the product ordered is not available or is out of stock, the customer will be informed by email and we will refund the amount paid no later than 30 days following the payment.
2.4. Enrique Tomás’ right to cancel or not to accept an order
Enrique Tomás reserves the right to refuse any order, cancel or not accept a confirmed order for the following reasons, among others:
• A technical error or misalignment of prices occurred on the website when the order was placed.
• The product is no longer available by the time the order is placed.
• The payment information provided was incorrect or unverifiable.
• Security systems indicate that the order is abnormal or may be fraudulent
• There is reason to believe that the customer is a minor (under 18 years).
• Enrique Tomás has been unable, after 3 attempts, to deliver the order to the address provided.
If an order is cancelled for any of the above reasons, Enrique Tomás will refund the value of the order and the shipping charges, (if applicable).
2.5. Data verification
Before processing an order, Enrique Tomás may verify its information: that is the address and the customer’s solvency and if there may be fraud involved. If a fraud is suspected, Enrique Tomás can use partially automatic verification of all purchases to filter those considered suspicious and fraud suspected. Fraud suspected orders will be investigated and the person responsible may be reported to the appropriate authorities, who may take legal action.
3. PRICE AND PAYMENT
3.1. Prices and currency.
Prices and offers presented on the website include VAT (value added tax) and are only valid for online orders in our website. Prices and offers may not be the same as those available in the Enrique Tomás stores around the country. Prices are in Euros or pounds.
3.2. Method of payment
The client may use the following payment method: credit card, debit card, PayPal or bank transfer. The bank charge will occur after the order’s confirmation, except by bank transfer, since the client decides when the payment will be executed.
3.3. Changes in the price
The prices displayed on the Site are subject to change. Enrique Tomás reserves the right to change prices without notice. However, after receipt of the order confirmation of Enrique Tomás, prices of the said order will not be changed.
Enrique Tomás informs you that although prices’ updates are made carefully, errors may happen. All price-related errors will be promptly corrected and are non-binding.
3.4. Value added tax (TVA)
According to the Article 68 of the Law 37/92 all deliveries (national and international) in general made to a final consumer are subject to VAT applicable in the Spanish territory.
4.1. Delivery: where and when
The deliveries are made from Monday to Friday. There are no deliveries over the week-ends or official holidays. Deliveries are made to private residences or offices during working hours. Therefore, we recommend to use working address or other addresses where someone can accept the delivery.
4.2. Delivery time
The delivery time in the Spanish territory (Peninsula) is usually within 1 or 2 working days, after order’s confirmation. After order’s shipment, the client will receive an e-mail confirmation with the estimated delivery date. With regard to international shipments, delivery shall last between 3 and 4 working days after receipt of the order.
Some deliveries may take 12 or 24 hours longer, if the order is a knife-carved ham, since we slice it at the time of the order so that the final consumer finds it more enjoyable. During the second half of December, time delivery may be twice the usual time, because of the Christmas season.
4.3. Verification upon receipt
Customer must check upon delivery that the package is in good condition and all the items ordered are included. Unless we have not received any rejection note of the goods within 7 days after delivery, Enrique Tomás will consider that the customer has accepted the order. This does not affect the costumer’s right to change a product for another one as indicated in Item 6.
5. SHIPPING COSTS
Shipping costs apply to every order. The exact costs of each order rely on the country of destination. Under no circumstances orders will be sent to geographic areas that are not listed in the Enrique Tomás shipping list.
6. RETURNS AND CHANGES
6.1. Return of non-compliant products
The customer has the right to return defective or non-compliant products. The client has 7 days’ time upon receipt to agree and accept the order or inform Enrique Tomás otherwise about the non-compliance or defect of the received items.
If the customer returns a defective or non-compliant product and the return is duly approved, Enrique Tomás will replace the said product with a similar one and will bear the shipping cost, in addition to the direct costs of the return, within maximum 30 days upon receipt of the said defective product. If the returned product is incomplete, or has been partially consumed, Enrique Tomás will charge approximately the customer according to the consumed part before reception of the new product. The above is without prejudice to the rights that client holds as consumer in accordance with current regulations with imperative character on consumer protection.
7. CONDITIONS FOR PROMOTIONAL CODES
7.1 When promotional codes are used according to their terms and conditions, they apply to one single discount for the purchase of one single product or to one discount of an order within the limited timeframe indicated in the promotional code.
7.2. Promotional codes are personal and not transferable. They can only be used for purchases made on the website. Customer can’t sell, exchange or assign promotional codes. The promotional code cannot be uploaded through websites or other media for sale offers, gifts, sales, or other exchanges. Promotional codes cannot be used for commercial purposes.
7.3. You can only use one voucher code per product and per order. Promotional codes cannot be combined with any other offer or promotion.
7.4. Promotional codes cannot be exchanged for cash.
7.5. Enrique Tomás reserves the right to eliminate immediately a promotional code if suspected that one of the afore-mentioned conditions is violated, misused or simply there is a good reason to cancel it.
8. VALIDITY OF THE OFFER ("PROMOTIONAL OFFERS")
Promotional offers on the website to encourage sales of certain products are only valid while published in the website, unless otherwise specified.
9.1. These sale conditions establish all the obligations and responsibilities of Enrique Tomás for the supply of products. There are no other binding warranties, conditions or other terms for Enrique Tomás than those expressly mentioned in the Sale Conditions.
9.2. Subject to clause 9.4, the maximum global responsibility of the parties with each other on all claims of any kind or related to these Sale Terms, whether in contract, guarantee, condition, tort, strict liability, law or otherwise, SHALL BE LIMITED TO THE AMOUNT PAID TO ENRIQUE TOMÁS FOR THE SAID PRODUCT.
9.3 Subject to clause 9.4, UNDER NO CIRCUMSTANCES, AS A RESULT OF A BREACH OF CONTRACT, GUARANTEE, CONDITION, TORT, STRICT LIABILITY, LAW OR OTHERWISE NONE OF THE PARTIES WILL BE RESPONSIBLE BEFORE THE OTHER PARTY FOR ANY SPECIAL, RESULTING, ACCIDENTAL OR INDIRECT DAMAGE.
9.4 Nothing in these Sale Terms limits or excludes Enrique Tomás’ liability for (i) death or personal injury caused by Enrique Tomás' negligence, (ii) fraud, (iii) any breach of obligations entailed by the existing national laws or (iv) any liability that may not be excluded by law.
10. PROTECTION OF PERSONAL DATA
Customers are informed that their personal data will be included in the files owned by Enrique Tomás for commercial purposes, advertising management related with customer and commercial prospecting, including the sending (by mail, email or other electronic means) of commercial messages related to products, services, offers, promotions and news related to the Enrique Tomás group.
Personal data of customers can be transmitted to companies within the group Enrique Tomás, for purposes directly related to the processing of personal data. Enrique Tomás, and any third party with whom Enrique Tomás shares any personal data, will assume and take appropriate technical and organizational measures to avoid the processing of personal data involving a breach of: (a) these Sale Terms or data protection laws applicable; and (b) any loss, destruction or accidental damage to personal data.
Customer may exercise his rights to access, rectify or object to the use of his personal data by means of a written request sent to Enrique Tomás, Calle Occitania, Nr.º 45, 08911 Badalona (Spain) or by email to firstname.lastname@example.org
The customer guarantees the accuracy of the personal data provided to Enrique Tomás.
11. APPLICABLE LEGISTLATION
Purchases made by means of the website of Enrique Tomás, under these Sale Terms are subject to the Spanish law.
12. APPLICABLE JURISDICTION
Any dispute or controversy arising from the application or interpretation of these Sale Terms, embedded in this contract, will be resolved in the courts of the city of Barcelona, Spain, which will have exclusive jurisdiction over any other jurisdiction.
However, if the client enjoys the status of consumer under the Spanish general law for the protection of Consumers and Users, the competent court shall be the place of residence of the consumer in Spain.
13. CONTACT ENRIQUE TOMÁS
In case of doubt or incident with regard to the order, the customer may contact Enrique Tomás:
• by phone +34 933 838 485 Monday to Friday (except for holidays) from 10:00 am to 7:00 pm
• through the contact section of this Site
• by e-mail to email@example.com