GENERAL CONDITIONS OF USE AND CONTRACTING
1. PRECONTRACTUAL INFORMATION
1.1 The terms described in this document constitute the General Terms and Conditions of Use and Contracting that will govern the purchase and sale relationship between the Chocolate Museum online shop (hereafter the “Vendor”) and the Purchaser. The Purchaser acquires the products offered by the Chocolate Museum for online sale (hereafter, “the Products”) via the internet domain www.museuxocolata.cat (hereafter, the Website). The domain is entered in the company’s name in Registered Foundations of the Generalitat de Catalunya, number 1331.
1.2 These General Terms and Conditions of the Chocolate Museum website have been drawn up in accordance with the provisions of the Information Society and E-Commerce Services Act 34/2002, of 11 July; the General Contracting Conditions Act 7/1998; Royal Legislative Decree 1/2007, of 16 November, approving the Redrafted Text of the Protection of Consumers and Users Act and other complementary laws; and the Organisation of Retail Trade Act 7/1996, 15 January.
1.3 The terms and conditions applicable to the purchase of the Products offered for sale to the public by the Chocolate Museum via its website will be those described in these General Terms and Conditions of Use and Contracting detailed on the website throughout the online purchasing process. The Vendor explicitly refuses to submit to conditions concerning the Purchaser’s order not coinciding with those described in this document.
1.4 The purpose of these General Terms and Conditions is to offer Purchasers the information they require and to govern the commercial relationships arising between the Chocolate Museum and website users. Browsing, registration and use of the Website, as well as the purchase of any products from it, imply unreserved acceptance by the Purchaser of all of these General Terms and Conditions of Use and Contracting which govern the acquisition of the products as appropriate.
Acceptance by the Purchaser of these conditions is shown on the Website by the procedure, when making a purchase, of clicking the button provided for the purpose labelled “I have read and accept the Terms and Conditions of Sale”. Failure to click this button will prevent confirmation of the purchase.
2. IDENTIFICATION OF THE PARTIES
As one party, the Vendor of the products contracted by the Purchaser is the Chocolate Museum, whose identifying details are given here:
MUSEU DE LA XOCOLATA DE BARCELONA
Tax ID no.: G61700720
Registered office: Carrer del Comerç, 36. 08003 Barcelona
Telephone number: 93 268 78 78
Registered Foundations of the Generalitat de Catalunya, number 1331
And, as the other party, the Purchaser, who will be the person registered on the Website with a user name and password and is responsible for the truthfulness of the personal data provided.
3. PRODUCTS OFFERED AND PRICES
3.1 As well as a picture of each of the Products for sale on the Website, the Vendor will publish the specific characteristics of each of them and the applicable sale price.
3.2 The Vendor guarantees the availability of all the Products offered on the Website while stocks last. If a specific product is temporarily out of stock, the Vendor must indicate it with the statement “temporarily out of stock”. If a product is not in stock, the Vendor will notify the Purchaser and will return any sums paid without undue delay.
3.3 If there are offers applicable to the price of the Products they will be indicated together with the initial price in a different font, allowing the Purchaser to clearly identify the final price of the Product. In all cases, the period of validity of the offer will be indicated.
3.4 The Vendor guarantees that the price of the Products will be the one applicable on the day the purchase is confirmed, regardless of when the order is finally delivered.
3.5 The prices established on the Website will include the VAT applicable to each product, as well as any other applicable local sales tax in Spain. The Vendor must keep the prices updated in accordance with the taxes applicable at all times.
3.6 The prices do not include other local charges or costs deriving from the Purchaser importing the Products into another country. The Purchaser states that they are aware of these circumstances and the specific conditions applicable in the destination country to the order made and they agree to pay any duties to the authorities or intermediaries that demand them separately from the payment of the total for the purchase/sale made to the Vendor.
3.7 The price of the Products does not include shipping costs, which must always be paid by the Purchaser.
3.8 The price of the product, the applicable taxes and shipping costs will appear as a breakdown at the time of purchase, so the user knows exactly what each item corresponds to.
3.9 The prices indicated for the products and services described include only those related to the specific goods or services offered. Under no circumstances do they include industrial or intellectual property rights (reproduction, public communication, etc.) or copyright of the products or any other works on which they may be based.
4. REQUIREMENTS FOR BEING A PURCHASER
To be able to purchase Products online, the Purchaser must meet the following requirements:
1. Being an individual with sufficient legal capacity to make the purchase.
2. Being an organisation where the person placing the order has sufficient powers to carry out the transaction on behalf of and representing the organisation.
3. In all cases, the purchaser must be considered the final consumer under the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the Redrafted Text of the Protection of Consumers and Users Act. In other words, the Products are for the Purchaser’s own consumption or for consumption by people on whose behalf the Purchaser is legally authorised to act. As a result, the following, among others, are excluded from using the Website: wholesale companies, distributors, central purchasing units, large retailers and other professional intermediaries from the same sector as the Chocolate Museum.
4. 4. It follows from the above that the resale of the Products acquired via the website is absolutely prohibited.
5. CONTRACTING PROCEDURES
5.1 In order to access the products offered by the Vendor and make an online purchase, the Purchaser must register on the Website by creating a user account. In order to do this, the user must freely and voluntarily provide the personal data required.
5.2 The user will select a user name and password and must make diligent use of them, not passing them to third parties and notifying the provider of any loss or theft of them or any access by an unauthorised third party so it can immediately freeze the account.
5.3 Once the user account has been created, you are informed that, in accordance with the requirements of Art. 27 of the Information Society and E-Commerce Service Act 34/2002, the steps of the contracting procedure will be as follows:
1. Using the shopping basket. Giving the quantity of product.
2. Invoicing details. Selecting the shipping address and delivery region.
3. Payment method.
4. Checking and placing the order. Clicking on “I have read and accept the terms and conditions” to complete the contracting procedure.
5. Payment information.
6. PAYMENT AND CONFIRMATION OF THE CONTRACT
6.1 Payment of the price and the shipping costs of the products purchased via the Website is made at the time of purchase. The Vendor will send the Purchaser an e-mail confirming the payment made.
6.2 The Purchaser must notify the Vendor, either by e-mail or telephone, of any undue or fraudulent charge to the card used for payment on the Website as quickly as possible so that the Vendor can carry out the actions it considers appropriate.
6.3 The Vendor will only consider as final sales those for which payment has been made by the Purchaser prior to shipping and reception using one of the payment forms offered for this purpose.
6.4 The Purchaser will receive an e-mail acknowledging receipt of the order and confirming the purchase made within 24 hours of receipt of the confirmed order. The product order and, therefore, the contract, will be understood to be confirmed and completed when the price is paid by the Vendor.
6.5 The Vendor will issue a physical invoice, which it will send to the Purchaser’s e-mail address if the latter so requests.
7. TRANSPORT. CONDITIONS FOR LOSS OR DAMAGE
7.1 For each order, the Purchaser will pay the price of all the products ordered plus packing and shipping costs, including specific insurance offered by the transport company.
7.2 The confiscation by third parties, loss of or damage to the products acquired by the Purchaser after they are sent by the Vendor for reasons beyond its control will be subject to the insurance conditions corresponding to the chosen shipping method. Under no circumstances may the Vendor be considered as the party liable in these circumstances. In all cases, the Purchaser accepts the applicable insurance conditions.
8. PLACE AND TIME OF DELIVERY
8.1 The Vendor must deliver the product in perfect condition to the address freely indicated by the Purchaser.
8.2 If the Purchaser is absent when the product is delivered to the address indicated, the delivery driver will leave a note indicating how to arrange a new delivery. If, after 15 days have elapsed following the date of the note, the Purchaser has not contacted the transport company to arrange a new delivery date, the products will be returned to the Vendor’s warehouses and the Purchaser will have to pay the shipping costs of the return and any associated administration costs, if any.
8.3 As a result, the Vendor accepts no responsibility when a product is not delivered as a result of false, inaccurate or incomplete data provided by the Purchaser or when a delivery cannot be made for reasons beyond the control of the delivery company appointed for the purpose, such as the absence of the recipient.
8.4 The Vendor reserves the right to cancel orders in the cases indicated in this section, in accordance with these terms and conditions.
8.5 El Vendor will do everything possible to stick to the shipping and delivery times indicated for each country on the Website. However, the Purchaser accepts that all these delivery times are merely an approximate indication which may vary due to the specific circumstances of the volume of the delivery, the destination, the circumstances of the company responsible for transport and delivery (including possible negligence by that company) as well as other circumstances beyond the Vendor’s control.
8.6 The delivery is considered to be made at the time when the product is made available to the Purchaser at the place of delivery indicated.
8.7 The risk to the products (including loss, damage or theft) will be transferred to the Purchaser when the contract is completed, in other words, when the payment of the price is received.
8.8 Any Customs and sales duties, import taxes or any other resulting costs will have to be paid by the Purchaser. The Vendor has no control whatsoever over such sums.
9. RIGHT OF WITHDRAWAL
9.1 The Purchaser will have a period of up to 14 calendar days from receipt of the product to withdraw from the purchase. The Purchaser will find a withdrawal form here.
9.2 Once the 14-day period is up, the Vendor will not accept returns due to withdrawal from product purchases. The deadline is considered to be complied with provided the return is made before the period is up.
9.3 For health and hygiene reasons, the Purchaser will have no right to withdraw from the purchase of sealed food products which have been unsealed after delivery. Products that can deteriorate or expire quickly are not suitable for return either.
10. RETURN OF PRODUCTS
10.1 In order to withdraw from the purchase of a product, the following requirements must be met:
a) The product must be in the same condition as when it was delivered and the original instructions, documentation, accessories, packaging and labelling must be preserved. If it is sealed or closed, the opening device must be maintained intact.
b) It must be returned to the Vendor in the same box or envelope used in the delivery or, failing this, in a similar format, ensuring the return of the products in perfect condition.
c) A copy of the purchase receipt and delivery notice for the products must be included in the package, which must also include the products returned and a note giving the reason for the return.
10.2 The return will be carried out by sending the filled-in return form and products to the address: Museu de la Xocolata, Carrer del Comerç, 36, 08003 Barcelona, without delay and, at the latest, within 14 calendar days of the date when notice is given of withdrawal.
10.3 Shipping costs deriving from the return of products by the Purchaser to the Vendor and any Customs and sales duties, import taxes or any other resulting costs will have to be paid by the Purchaser.
11. REFUND OF THE PRICE OF THE PRODUCTS
11.1 Provided the Purchaser has complied with the deadline and the requirements established in these General Terms and Conditions, the Vendor will refund the price paid by the Purchaser corresponding to the products returned, deducting the shipping costs arising due to the return.
11.2 The Purchaser will have no right to any refund of the price of the products returned that are not in the same condition as when they were delivered or that do not meet the requirements established in these General Terms and Conditions.
11.3 The partial return of an order will result in a partial refund.
11.4 The Vendor will manage the order to refund the price using the same payment system used by the Purchaser to acquire the products. The Vendor may retain the price refund until the products have been received.
12. RETURN OF DEFECTIVE PRODUCTS
12.1 Without prejudice to the provisions of the above clauses or to any other rights they may have, the Purchaser will have the right to have products proven to be defective repaired or replaced or, if repair or replacement is not feasible, or by decision of the Vendor, to receive a refund of the purchase price of these defective products or any products delivered that do not correspond to the order placed, plus the corresponding shipping costs.
12.2 In these circumstances, the products must be returned to the Vendor by the Purchaser using the established return procedure, although the Purchaser will not be responsible for paying the return costs for these products.
12.3 Provided the Purchaser has followed the procedure established by the Vendor for returns and the requirements established in these General Terms and Conditions have been met, the Vendor will refund the price paid by the Purchaser corresponding to the products returned, deducting the shipping costs arising due to the return.
12.4 Under no circumstances will the Vendor be responsible for purchasing a replacement product or for the cost of repairing defective products incurred by the Purchaser. Nor will the Vendor be responsible for other damages caused to the Purchaser or to third parties, including loss of earnings.
13. UNILATERAL MODIFICATION
13.1 The Vendor reserves the right to make unilateral changes to its website, its policies and its terms and conditions, including these General Terms and Conditions of Use and Contracting, at any time.
13.2 The Consumer will be subject to the terms and conditions, policies and sales conditions in force when the order is placed unless a change has to be made to these terms and conditions, policies or sales conditions by the requirement of the public authorities (in such a case, these changes may be applicable retrospectively to any orders already placed).
13.3 If any of these conditions is declared null and void or, for any reason, becomes ineffective, this condition will be understood as being excluded, although such a declaration will not affect the validity or enforceability of the other conditions.
14. DATA PROTECTION
14.1 The data collected via this Website or the mechanisms indicated on it will be included in files belonging to the Chocolate Museum and registered with the Spanish Data Protection Agency.
14.2 The Purchaser’s details will be used to:
1. Complete, comply with and monitor proper compliance with the contract and the Vendor’s legal obligations.
2. Manage your user account, access and actions carried out as a registered user.
3. Send newsletters and information, although the Purchaser can unsubscribe at any time either by e-mail or by going into the “My account” section if they are a registered user.
4. Send promotional communications about the Chocolate Museum’s products related to your purchase or if you have requested information about any other product or commercial offer.
14.3 The Vendor will inform the Purchaser in all promotional communications sent by electronic means about how to unsubscribe easily and free of charge. The Vendor will attend to such requests as soon as possible, always within the established legal period. The Vendor will attend to such requests as soon as possible, always within the established legal period.
14.4 The Purchaser may contact the Vendor in relation to modifications to data or unsubscribing using the details established in the “Identification of the parties” section. Purchasers may also exercise their rights of access, rectification, erasure and objection at any time (without prejudice to the specific procedure for promotional communications for advertising purposes by electronic means).
15. COMPUTER ATTACKS
15.1 The Vendor accepts no responsibility for damages and losses resulting from a denial-of-service attack, virus or other program or technologically damaging or harmful material that may affect the Purchaser’s computer, data or equipment as a result of their use of the Website or of downloading content from it or from sites the Purchaser may be redirected to.
15.2 Proper access to the online shop depends on the telecommunications system used and, in particular, on the internet, so the Company accepts no responsibility for interruptions, delays or errors in the service for reasons beyond its control, or due to the Purchaser’s equipment or connection that make it difficult to use the services offered.
16. APPLICABLE LEGISLATION AND SPECIAL RIGHTS
16.1 Any conflicts that may arise due to the application of these General Terms and Conditions will be governed by Spanish law and subject to the courts with jurisdiction over the place where the obligation is fulfilled. Under this document, sales operations will be understood to have been carried out at the registered address of the Chocolate Museum, Carrer del Comerç, 36, 08003 Barcelona.
16.2 Under these terms and conditions, the Purchaser accepts this jurisdiction as the only one competent to resolve legal disputes and claims deriving from this document.