GENERAL TERMS AND CONDITIONS OF SALE 

1. GENERAL INFORMATION ABOUT THE WEBSITE

The ownership of this website www.lagourmeta.com.com, (hereinafter Website) is held by: Vegajardin, S.L., with CIF: B13290804 and registered in: Registro Mercantil de Ciudad Real; and whose registry details are: Volume 232, Section 8ª, Page Nº CR-8750, and whose contact details are:

Address: Avda. Isaac Peral 10, 13005 Ciudad Real, Spain

Contact telephone number: +34 926 200 168

Contact email: info@lagourmeta.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.lagourmeta.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity carried out by La Gourmeta through the Website includes:

Marketing and distribution of food products.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, privacy policy and data protection policy of La Gourmeta.

By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

From time to time there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or any related Service is inaccurate at any time without notice (including after you have placed your order). We undertake no obligation to update, amend or clarify any information on the Website, including, without limitation, pricing information, except as required by law. No update or revision date applied to the Website should be taken as an indication that any information on the Website or any related Service has been changed or updated.

2. THE USER

Accessing, browsing and using the Website confers the condition of User (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment the User starts browsing the Website, he/she accepts all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these general conditions. By way of example, and in no way limiting or excluding, the user undertakes to:

• Use this Website only to make legally valid enquiries and purchases or acquisitions.
• Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• Not to introduce or disseminate on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
• Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data.
• The data entered by the User must be accurate, current and truthful at all times. The registered user will be responsible at all times for the safekeeping of his/her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents carried out under the password of a registered user shall be deemed to have been carried out by said registered user, who shall be liable in all cases for said access and use.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the secrecy of communications and data protection legislation.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
• Not to impersonate other users by using their registration codes for the different services and/or contents of the website.
• Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the website or third parties.
• Not to upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet.

We reserve the right to terminate your use of the service for violating any of the prohibited uses.

The User agrees to hold harmless La Gourmeta against any possible claim, fine, penalty or sanction that may come forced to bear as a result of breach by the User of any of the above rules of use, also reserving La Gourmeta the right to seek compensation for damages and damages that may apply.

The User may formalize, at its option, with La Gourmeta the contract of sale of products and / or services desired in any of the languages in which these Conditions are available on this Web Site.

3. PURCHASING PROCESS

The User must access the online shop hosted on the website of La Gourmeta where the products that can be purchased through the aforementioned channel are listed with the following information:

1. Description of the product, characteristics and units of measurement.
2. Price of the product and per unit of measurement.
3. Shipping costs.
4. Conditions of validity of the offer, if applicable.

Once the product has been chosen, the User must add it to the basket, indicating the units he/she wishes to purchase. The User will be able to access the summary of the purchase, where he/she must provide his/her data, delivery and/or billing address, shipping method, payment method and note for the carrier, accept these conditions and click on Finalise purchase.

If the User has a promotional code, it must be entered in the box provided for this purpose before finalising the order. If the User wishes, he/she can choose the option of sending the order as a gift and write a text, which we will include in the order. 

If you choose credit/debit card, Bizum or PayPal as payment method, you will be automatically redirected to the payment gateway. If you choose bank transfer as payment method, you will accept the terms and conditions on our website and we will provide you with the necessary information to make the transfer.

Once the order has been confirmed, an e-mail will be sent with all the details of the order. We will also proceed to analyse the purchase order to determine whether it meets all the requirements for processing. The User will be informed of the status of the order by email at all times.

The User acknowledges being aware, at the time of purchase, of the conditions of sale concerning the product and/or service displayed on the Website. These conditions of sale are shown in the written information or images on the Website itself, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, weight, quantity, details or characteristics, the way in which they will be carried out and/or their costs. The User also acknowledges that the placing of a purchase order constitutes full and complete acceptance of the applicable terms and conditions of sale.

Unless expressly stated otherwise, La Gourmeta is not the manufacturer of the products sold on the Website. While La Gourmeta makes every effort to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.

4. PRICES AND PAYMENT

The prices displayed on the Website are expressed in euros (€), VAT included, and do not include shipping costs.

The price of the product is that which, at the time of acceptance of the order by La Gourmeta, is in force. Prices may change at any time, not affecting these possible changes to orders or purchases for which the user has already received an order confirmation.

Users may pay for their purchases by credit/debit card, Bizum, PayPal or bank transfer.

Credit/debit card: The User will pay the amount by entering their card details through the payment gateway of the virtual POS of the Website. La Gourmeta uses all available means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website, which uses a secure payment system SSL (Secure Socket Layer). This payment system complies with the secure e-commerce standards adopted by the international card brands Visa and MasterCard to guarantee the ownership of the purchaser.

In order for the customer to be able to make a purchase with their debit or credit card, it is essential that the bank issuing the card accepts payment through Secure Shopping. If said entity does not authorise payment, La Gourmeta will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.

Bizum: The User must enter their mobile phone number associated with Bizum on the page where they are required to do so. The User will receive a notification on their mobile phone and through their bank's App, where they must accept the purchase. Each bank has different ways of managing this process.

Paypal: By choosing this payment method, the User will be redirected to the PayPal payment gateway to complete the purchase.

PayPal is a fast, convenient and secure payment method that is accessed through a user account to which a traditional payment method (bank card or bank account) is associated.

Bank transfer: To proceed with payment by bank transfer, the User will see the details required to make the transfer on the purchase confirmation page. They will also receive an email with all this information.

Do not forget to indicate the order number in the concept of the transfer and make sure that you enter the exact amount of the purchase order correctly, as well as the account number. In case of error, La Gourmeta will not be held responsible and will not be able to validate the order.

The order placed by bank transfer is valid for 72 hours from receipt of the order, after which time, if payment has not been received, the order will be cancelled. The User will be informed of the cancellation of the order via email.

If the User has problems with the payment of his purchase, please contact his bank or La Gourmeta to try to help him. We remind you that La Gourmeta does not have access to confidential customer information regarding payment methods.

By clicking on "Finalise purchase", the User confirms that the payment method used is his or her own.

5. CONDITIONS OF TRANSPORT

The days indicated in delivery time are working days. The User must take into account public holidays at the destination, in some cases this may delay delivery.

All orders received after 13:30h (UTC+1) will be processed the following day.

Deliveries are made from Monday to Friday. 

The User will receive an email informing them that their order has left our warehouse.

If the User has ordered products that require refrigeration for transport, he/she must ensure that he/she has a suitable place to store them until they are used.

If, for any reason, it is impossible for the courier company to deliver the order within the agreed period, the courier company itself will contact the User via one of the contact methods indicated in the order to set a new date. If necessary, you can contact us and we will manage the incident.

We ship to all European Union countries. For security reasons, no orders will be shipped to PO Boxes or military bases, nor will we accept any orders where it is not possible to identify the recipient of the order and their address.

Due to additional customs surcharges and costs, we do not ship to the following destinations: United Kingdom, Canary Islands, Formentera, Ceuta, Melilla, Andorra, Corsica, Sicily, Isle of Man, Channel Islands, Azores and Madeira Islands, Gibraltar and Switzerland.

It will be necessary to communicate the user's shipping information to La Gourmeta for proper delivery. Any costs that may be generated by an incorrect introduction of shipping data in the order by the user shall be borne by the user. The transfer, communication and use of such data will be used only to process the shipment of the order placed on the Website.

The products purchased by the User will be shipped through the logistics operator contracted by La Gourmeta. The User will choose the method of transport from the different options that appear in the shopping cart. Refrigerated transport is carried out at a temperature of between 2-8 Cº+ and can be used with any type of product, whether it requires refrigeration or not. Dry transport is carried out at room temperature and can only be used with products that do not require cold. Products that require refrigeration will be identified by the icon on the product photo.

La Gourmeta reserves the right to ship dry and refrigerated products separately.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment at which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address. Responsibility for the products shall pass at the time of delivery of the order placed.

The User must check the order at the time of delivery. He/she must be in agreement with the goods received and must sign the delivery note or electronic tablet as proof of his/her agreement.

If any discrepancy or problem occurs with the order at the time of delivery, such as broken packaging, damaged product, missing goods, wrong product or other, the User must record this in writing, in as much detail as possible, on the delivery note or electronic tablet.

The incident must be notified by email to info@lagourmeta.com within a maximum period of 48 hours from the receipt of the merchandise, so that in this way the appropriate claim can be managed. It is essential that the email indicate which references are the subject of the incident, and attach photos of them. If these incidents are not managed and notified as indicated, LA Gourmeta will not be responsible for any claim.

6. RETURNS AND CANCELLATIONS

The User may withdraw from the contract within a period of 14 calendar days from the date of receipt of the order.

If the order has not left our facilities, La Gourmeta will cancel the order and refund the full amount.

In the event that the order has left our facilities, the User must return the products in the same conditions in which they were received, together with their complete original packaging, labels and any accessories related to them.

The User must return by refrigerated transport (2-8ºC+) the products that by their nature require refrigeration. La Gourmeta will not accept any return of refrigerated merchandise if it has been returned with an agency without refrigeration.

Perishable goods and those others that by their nature may deteriorate or expire quickly are excepted from this right of withdrawal.

La Gourmeta will determine if the returned products are in the same conditions in which they were sent. Products that have been returned damaged, incomplete, deteriorated, used or dirty by the User will not be reimbursed and will be made available to the sender or re-sent postage due.

The User can download the withdrawal form at the following link: Download right of withdrawal.

8. IMAGES AND AVAILABILITY OF PRODUCTS

The images and texts that illustrate the products have been provided by our suppliers, and special attention has been paid to suppress any type of error. However, if any are found, you can notify us so that we can correct it as soon as possible for the benefit of all Users of the website.

All orders received by La Gourmeta through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause eleven of these Conditions) affects their supply and/or the provision of the services, regardless of the receipt of the order confirmation email. If there are difficulties regarding the supply of products or there are no products left in stock, La Gourmeta will make, whenever the User wishes, a change of product or a full refund of the amount of the unavailable product/s.

9. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting La Gourmeta. Likewise, this information could also be corrected by the User through his personal connection space to the Website.

In any case, the User, before clicking on "Complete order", must check and review that all the information provided is correct.

10. LINKS WITH THIRD PARTIES

There is the possibility of sharing content or any type of information through social networks or other applications, such activity being subject to the conditions of use and registration expressly established by these online platforms, without La Gourmeta assuming any direct or indirect responsibility for the content published on them by Users.

In these cases, the User must take into account that, when accessing said networks, he is leaving the store's web pages, to access an environment not controlled by La Gourmeta. Consequently, La Gourmeta will not assume any responsibility for possible breaches of the security of said environments.

La Gourmeta declines all responsibility derived from the exchange of information between Users through the Web pages. The responsibility for the dissemination of data and the statements published on its Web pages, corresponds in any case to those who make them.

11. EXEMPTION OF LIABILITY

Unless otherwise provided by law, La Gourmeta will not accept any responsibility for the following losses, regardless of their origin: any losses that were not attributable to any breach on your part; business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

La Gourmeta applies all measures related to providing a faithful display of the product on the Website. However, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.

La Gourmeta will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages from:

• A transport malfunction, especially due to causes such as strikes, road traffic jams, and in general any other specific to the sector, which result in delays, losses or theft of the product.
• Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet.
• Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. La Gourmeta puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however, it exempts itself from responsibility for causes that are not attributable to it, acts of God or force majeure.

In general, La Gourmeta will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example, but not exhaustive:

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and La Gourmeta will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. La Gourmeta will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure event.

12. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most of the communications with La Gourmeta are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that La Gourmeta sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with La Gourmeta through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, La Gourmeta may contact and/or display notifications to the User in their email or at the postal address provided.

13. WAIVER

No waiver by La Gourmeta of a specific legal right or action, or the lack of a requirement by La Gourmeta for strict compliance by the User with any of its obligations, shall not imply a waiver of other rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from compliance with their obligations.

No waiver by La Gourmeta of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

14. NULLITY

If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

15. DATA PROTECTION

The information or data of a personal nature that the User provides to La Gourmeta in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data that he provides is true.

16. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation. La Gourmeta and the User agree to submit any controversy that may arise from the access and/or use of the website, to the Courts and Tribunals of Ciudad Real, Spain, expressly waiving any other jurisdiction that may correspond to them if different.

17. COMMENTS, COMPLAINTS AND OBSERVATIONS

The User can send La Gourmeta their comments, complaints, observations and/or any comments they wish to make through the contact spaces indicated on the Website or using the contact information provided at the beginning of these Conditions (Information General).