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1. Purpose and scope of application
These General Terms and Conditions of Sale in Spain are strictly applicable to all of the product sales of FRESH ORANGES HOME DELIVERY which are carried out by Ruth Palomero S.L., as proprietor of the brand, as well as the rest of the associated services thereof, carried out within mainland Spain, which accordingly excludes the Balearic Islands, Ceuta, Melilla and the Canary Islands as well as the rest of Europe. Notwithstanding the foregoing, products may be shipped to the aforementioned excluded territories, however subject to specific negotiation.
The products are to be marketed and sold both to natural persons as well as legal persons, such as, for example, distributors of gourmet products or food stores.
2. Intellectual and industrial property
The source code, graphic designs, images, photographs, sounds, animations, software, texts, as well as the information and content which are provided for within the web portal web of FRESH ORANGES HOME DELIVERY constitute the exclusive property of the owner of the web page or of third parties, in respect of which the owner of the web page holds legitimate rights, and are accordingly protected by Spanish and international intellectual and industrial property legislation.
Under no circumstances whatsoever shall any licence whatsoever deemed to be granted or any waiver, transfer, total or partial assignment of said rights be deemed to be effected, or any right or legitimate expectation be deemed to exist, and in particular, in respect of the modification, use, reproduction, distribution or public communication of said content, without the prior express authorisation of FRESH ORANGES HOME DELIVERY.
The user, solely and exclusively, may use the material which is contained on this web site for his/her personal and private use, which must not be used for commercial purposes or in order to carry out unlawful acts. FRESH ORANGES HOME DELIVERY shall enforce the strict compliance of the preceding terms and conditions as well as the proper use of the content available on its web pages, through the exercise of the civil and criminal legal actions which are available thereto in the event of any breach or non-compliance of the foregoing rights by the user.
3. Obligations of clients and users
All users of the web portal hereby undertakes to use the Services in a diligent and correct manner, as well as to comply with the special disclaimers or instructions for use contained in the terms and conditions of use. In particular, by way of illustration, however not limited to, the user hereby undertakes to:
Finally, and in particular, the user that effects a purchase through the web portal hereby undertakes to facilitate the receipt of the ordered product by means of the provision of an address where the ordered product may be delivered within standard merchandise delivery times. In the case of any breach by the client of the foregoing obligation, FRESH ORANGES HOME DELIVERY shall not be held liable by reason of the impossibility of the delivery of the ordered product.
Users shall be held liable for any losses and damages of any nature whatsoever which FRESH ORANGES HOME DELIVERY may incur by reason or as a result of any breach of the aforementioned obligations, as well as of any other obligations included in these General Terms and Conditions and/or the obligations provided for under applicable legislation regarding the use of web sites.
FRESH ORANGES HOME DELIVERY shall enforce all rights whatsoever provided for under applicable legislation, and hereby reserves the right to update the content when it deems necessary, and to delete, limit or prevent access to said content, either on a temporary or definitive basis, and to refuse access to the web site to any users that incorrectly or improperly uses said content and/or that breaches any of these General Terms and Conditions.
4. Methods of payment and placing of orders
After the user has selected all of the articles which he/she intends to purchase, the articles shall have been added to the shopping cart, and the user must then place the order and effect payment thereof. In respect thereof, the following procedure shall be followed:
The user may effect payment by means of bank transfer, PAYPAL,or by way of any of the credit cards accepted from time to time:
If the payment is effected by means of bank transfer, the user must effect payment into the following bank account ES84 2100 5043 83 0200089364, and must forward a copy of the payment confirmation to email address: firstname.lastname@example.org.
In the event that the user decides to effect the payment by means of credit card or via PAYPAL, in order to minimise the risk of unauthorised access, the user shall be redirected to an external secure payment environment provided by the banking institutions which are responsible for the payment with use of appropriate technologies, such as Verisign or similar programs in order to ensure that the payment is effected in a secure manner.
The credit cards shall be subject to verifications and authorisations by the issuer institution thereof, and accordingly if the corresponding banking institution does not authorise payment, FRESH ORANGES HOME DELIVERY shall not be held liable for the cancellation of the order or the failure to deliver the order and the contract with the user shall be deemed not to have been formalised.
The prices and offers displayed on the online store are valid for the orders placed directly through the web. The validation of the order by the user represents the express acceptance and understanding of these General Terms and Conditions as part of the formalisation of the contract. Unless otherwise stated, the information registered by FRESH ORANGES HOME DELIVERY constitutes the complete information regarding the transactions effected between NARANJASDECULLERA and the client user.
After the order has been placed and as soon as possible after the confirmation thereof, a purchase order confirmation shall be sent to the user by email. In the user does not agree with the information set out in said confirmation, within the maximum period of 24 hours thereafter, the client must request the modification thereof or the annulation of the contract through the following email address: email@example.com firstname.lastname@example.org.
5. Product availability
The offered products may be subject to joint terms and conditions of sale, and it may not be possible to purchase single items but rather items which are packaged together as indivisible products.
On the other hand, the selection of products offered by FRESH ORANGES HOME DELIVERY shall be subject to available stock limits. If the merchandise is held in stock, the maximum delivery period shall be 5 business days (from Monday to Friday) as FRESH ORANGES HOME DELIVERY does not carry out shipments on public holidays, Saturdays or Sundays.
The aforementioned shipment periods are understood to be orientative and orders shall only be shipped to valid addresses within United Kingdom territory. In the case of any stock shortage or temporary unavailability of an article, FRESH ORANGES HOME DELIVERY shall immediately contact the user to notify of the new delivery period. In the case that it were impossible to provide the ordered product, the order shall be cancelled, and the client shall be offered, if possible, another product of similar characteristics.
FRESH ORANGES HOME DELIVERY hereby reserves the right to modify the prices of the articles offered on the web, as well as to decide from time to time which products are displayed and offered to users through the web, any may include new products in addition to the products which already exist, and said products shall be governed, unless stated otherwise, by the provisions of the General Terms and Conditions in force from time to time.
6. Prices, expenses and delivery periods
All of the products offered on the web site shall be displayed together with their price and characteristics, and prior to the completion of the order any possible shipment and management costs shall be displayed.
The shipment costs for UK are included in the price list published on www.freshoranges-homedelivery.com. The prices of the products are set out on the corresponding page of each product at the time of purchase.
The aforementioned prices include VAT and shipment costs.
The products shall be shipped to the delivery address stated in the order. In the case that an order is placed for several articles which are subject to different stock availabilities, the delivery period thereof shall take into account the longest expected delivery period. Notwithstanding the foregoing, FRESH ORANGES HOME DELIVERY hereby reserves the right to separate the order, thereby offering the client with the option of the shipment of the available articles with the other articles being delivered separately by way of subsequent shipment. In this situation, the client shall be notified of the additional costs which, as the case may be, may be applicable to the subsequent shipment.
7. Right of cancellation, changes and devolutions
By reason of the nature of the products and for health and hygiene protection the alimentary products cannot be returned.
If you receive the box in poor condition, please report that to the carrier, put on record and sign the delivery note, then receive the delivery. If the oranges are in poor condition due to transport, please take a picture, save the packaging, and send us an email at email@example.com, with “Transport Claim” in the subject line. In your email briefly describe the defects you found, attach the picture, and indicate if you would like us to send you a new order or if you would like us to refund your money.
In order to avoid confusions, we recommend that all users open the package while the transportation company’s agent is present, in order to verify the state of the delivery.
8. Reimbursement of the amounts paid
The reimbursements, as the case may be, shall be effected through the same method of payment which was used for the order.
9. Applicable legislation. Jurisdiction
For the resolution of any dispute in relation to the acquisition of products, the provisions of Spanish legislation shall be applicable thereto, and in the case of conflict, both parties hereby agree to submit themselves to the jurisdiction of the user provided that the user constitutes a consumer pursuant to Royal Legislative Decree 1/2007, of 16 November, which approved the consolidated text of the General Consumers and Users Protection Act together with other complementary legislation. Alternatively, the resolution of disputes shall be carried out by way of submission to the jurisdiction of the Courts and Tribunals of the city of València.
These General Terms and Conditions are valid as at 12 May 2014.