TERMS AND CONDITIONS

GENERAL INFORMATION

In compliance with the duty of information set forth in art. 10 de la Ley 34/2002 de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico le informamos que la titularidad de la web corresponde a DELICIAS DE BARBATE, domicilio sito en MUELLE PESQUERO S/N, BARBATE (CáDIZ), 11160 and with email DELICIASDEBARBATE@GMAIL.COM and phone 956454062, hereinafter DELICIAS DE BARBATE.

USE OF THE SITE

By making use of this website and placing orders through it, the user agrees to the following:

• Use the website solely for the purpose of consulting products and placing orders.
• Do not place any fraudulent or false orders. If in a reasonable way an order is considered fraudulent BARBATE DELIGHTS is authorized to cancel it and inform the relevant authorities.
• Have legal capacity to conclude contracts (the user declares to be over 18 years old).
• Provide your contact details in a truthful and accurate way in order to be able to make the shipment of orders.

PROTECTION OF PERSONAL DATA

DELICIAS DE BARBATE informs the users of this website about its policy regarding the processing and protection of personal data that may be collected by browsing or contracting services through the privacy policy. You can access the privacy policy from the website at any time.

CONDITIONS OF PURCHASE

Service availability. Users have the possibility to place orders for the items that are offered through the website both for sending to an address within the Spanish territory and to a European destination.

Language

The contract will be formalized in Spanish.

Product availability.

Orders are subject to product availability. If there are difficulties in the supply of the products or if there are no items left in stock, DELICIAS DE BARBATE shall inform the customer of this fact, by mail or telephone and refund any amount paid for the unavailable product or products or exchange the product for another of the same value as decided by the customer.

Product prices

EThe prices of the items include all taxes in force but do not include shipping costs, which will be added to the total amount. DELICIAS DE BARBATE reserves the right to modify prices at any time, although the products will be invoiced on the basis of the price in force at the time of placing the order (subject to the availability of the product).

The purchase order will indicate both the total price of the product/products, including VAT and the corresponding shipping costs, as indicated in the following sections.

The rate of VAT applicable shall be that which is legally in force at any time depending on the particular article in question.

On orders to the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.

Shipping costs to addresses in the Peninsula and Portugal

The shipping costs amount to 7.95 €, which must be added to the total amount. The shipping costs will therefore be on behalf of the customer.

Shipping costs to addresses in the Balearic Islands.

The shipping costs amount to 9.95 €, which must be added to the total amount. The shipping costs will therefore be on behalf of the customer.

Shipping costs to addresses in the Canary Islands, Ceuta and Melilla.

The shipping costs amount to 18 €, which must be added to the total price. The shipping costs will therefore be on behalf of the customer.

Shipping costs to addresses outside Spain.

For orders whose destination is outside the national territory consult prices in the email requested online@deliciasbarbate.com, or via WhatsApp through 640774579. Cold delivery: consult the price on the email address ordered online@deliciasbarbate.com.

How to place an order.

o place an order you must select the desired item or items. Once you have selected all the items you want, these will be added to your shopping basket. The next step will be to process the order and make payment. To do this, you must follow the steps requested on the website and follow the purchase instructions displayed on the screen. You will only be asked for the necessary data for the purchase and subsequent delivery of the order.Before formalizing the purchase you must EXPRESSLY ACCEPT these conditions as well as the privacy policy.

The data recorded by the website is proof of the transactions made. The customer will receive order confirmation via email.

During the process, before making the payment, you can modify the details of your order. The order is not formalized until the process is completed, which will occur when you have made the payment. Clicking on "Pay" implies that you purchase and pay for the selected items, this step is a binding commitment.

There are no purchase limits. The user can place the order for the number of items they want, without minimum or maximum established.

Right to cancel the order.

DELICIAS DE BARBATE reserves the right to reject an order from a customer with whom there is litigation.

Likewise DELICIAS DE BARBATE has the right to refuse or cancel an order for justified reasons, such as:

• Erroneous billing data (incorrect or impossible to verify)
• f there is suspicion of fraud with the bank card
• If it is not possible to send it to the address indicated
• If there are reasons why it is suspected that the user is not an end consumer
• If the user is under 18
• f the full payment has not been made.

Payment method.

ou can use as a means of payment VIRTUAL POS, BANK TRANSFER AND VIRTUAL BIZUM. In the case of payment by card the total amount of the order that will include the shipping costs that correspond as the case may be, will be charged to the customer’s account at the same time of the purchase. Only EURO payments are allowed.

By card payment and in the event of any incident during the process (for example if the terminal informed of the refusal of the card) the order will be automatically cancelled. The payment system by bank card is done through the payment gateway of "redsys"

By clicking "Pay" the user is confirming the payment of the order as well as that the credit card is yours. To minimise the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if the issuing entity does not authorize payment, the order will be automatically cancelled, informing the customer about the cancellation system.

DELICIAS DE BARBATE also offers you the possibility to make the payment by bank transfer.

The order will be sent to the address that indicates us once confirmed the receipt of the total amount of the order. If the amount is not for the total, DELICIAS DE BARBATE reserves the right not to send the order until its total payment by the customer.

Delivery

The products will be sent to the address indicated by the user. The delivery time of the orders ranges between 48 and 72 hours (business days) for homes in the peninsula.

The delivery time for addresses in the Balearic Islands, the Canary Islands, Ceuta, Melilla and outside Spain will depend on the transport companies. For more information, please consult the email address requested online@deliciasbarbate.com.

The time limits indicated will be respected provided that there are no unforeseen or extraordinary circumstances beyond our control. Due to COVID-19 there may be some complications in the form of delays, depending on the shipping area. If for any reason we cannot meet the delivery date, we will inform you of this and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid.

For the purposes of these conditions, the "delivery" or that the order has been "delivered" at the time when you or a third party indicated by you acquire material possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.

Impossibility of delivery.

If it is impossible to deliver the order at the indicated address, DELICIAS DE BARBATE will try to deliver it to a third party indicated by the customer or try again to deliver it at a later date. If you are not going to be at home, please contact DELICIAS DE BARBATE to arrange the delivery another day.

If within 15 days, from when your order is available for delivery, the order could not be delivered for reasons not attributable to DELICIAS DE BARBATE, we will understand that you wish to withdraw from the contract and we will consider it terminated.

As a result of the termination of the contract, we will refund all payments received from the user, not including delivery costs and, in any case, within a maximum of 14 days from the date on which we consider the contract terminated. Please note that the transportation resulting from the resolution may have an additional cost, so DELICIAS DE BARBATE will be allowed to pass on the corresponding costs.

Cancellation of an order.

The user has the right to cancel an order without giving any explanation. This right is the right of withdrawal established by art. 102 the Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

To cancel an order you can use the form in the link "RIGHT OF WITHDRAWAL" or you can notify by email to DELICIASDEBARBATE@GMAIL.COM by mail to the address MUELLE PESQUERO S/N, BARBATE (CáDIZ), 11160.

If you send us an email or a written communication, please include the details of your order to help us identify you.

The withdrawal period shall expire on the 14th calendar day of the day on which the customer or a third party indicated by the customer, other than the carrier, acquired physical possession of the goods or in the event that the products forming the order are delivered separately, 14 calendar days after the date on which the customer or a third party indicated by the customer, other than the carrier, acquired physical possession of the last of the said products.

Once the right of withdrawal has been exercised, the user must send the products delivered to the indicated address, assuming the costs of return. Please note that if you decide to return the items to us at due delivery we will be authorized to charge you for any expenses we may incur.

The right to withdraw from the contract shall apply exclusively to those products which are returned under the same conditions as the customer received them. No refund shall be made if the product has been used beyond the mere opening of the product, of products which are not in the same condition in which they were delivered or which have suffered any damage, so you should be careful with the/the products/s while in your possession. Please return the item using or including all original wrappers with all labels. Please do not remove the labels until you are sure you want to keep each item.

After examining the article we will inform you if you are entitled to reimbursement of the amounts paid. If the return includes the entire purchase, the correct procedure has been followed and the products are new and unused, we will proceed to refund the total purchase amount excluding shipping costs within 14 days of receiving the cancelled order.

If the return only includes part of the order, the correct procedure has been followed and the products are new and unused, we will only refund the value of the returned products, without the shipping costs.

Return of defective products.

If you return the products to us because they are defective or the descriptions do not correspond to them, we will refund the total price of the products, along with the shipping costs and the return of the item.

RESPONSIBILITIES

The access and use of this website is the responsibility of the users. It is not guaranteed by DELICIAS DE BARBATE:

• The infallibility, the availability, the continuity, the absence of deficiencies of security of the website
• That the content of the page or the information that passes through it is free of viruses or other harmful elements as well as errors, omissions or inaccuracies.
• Delays or blockages in the use of this page caused by deficiencies or overloads of the data processing center, or damage that may be caused by third parties through illegitimate intrusions that are out of the control of DELICIAS DE BARBATE.
• DELICIAS DE BARBATE is exonerated of liability for any damage or damage that the user may suffer as a result of errors, defects or omissions in the information provided, provided that it comes from other external sources.

The mere access to the website does not imply any kind of commercial relationship between DELICIAS DE BARBATE and the user.

DELICIAS DE BARBATE only supplies products for domestic and private use. The customer agrees not to use the product for commercial, advertising or resale purposes. BARBATE’S DELICACIES has no responsibility for any loss of profits, loss of business, business interruption or loss of customer business opportunities.

assignment of rights and obligations

The contract is binding both on the customer and on DELICIAS DE BARBATE, as well as on our respective successors, assigns and successors. The customer may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising therefrom, without obtaining the prior written consent of BARBATE’S DELIGHTS. We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations arising therefrom at any time during its term.In order to avoid any doubt, such transfers, assignments, levies or other transfers shall not affect the rights that, where applicable, you, as a consumer, have recognized by law nor shall they nullify, reduce or otherwise limit the warranties, both express and tacit, which we could have granted him.

INFORMATION AND CONTENTS OF THE WEBSITE

The information displayed on the website is the information in force on the date of last update. DELICIAS DE BARBATE reserves the right to update/modify/remove information from this website at any time and without notice.

In the event that the website contains links to other websites and third party materials, such links are provided for informational purposes only, without DELICIAS DE BARBATE having any control over the content of such websites or materials. We therefore accept no liability for any damage or loss arising from your use.

DELICIAS DE BARBATE reserves the right to modify the Terms and Conditions of Purchase. Amendments shall not be retroactive. If you do not agree with the modifications made, we recommend you not to use our website.

PIRACY VIRUS AND OTHER COMPUTER ATTACKS

The user must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or harmful program or material into it. The user will not try to have unauthorized access to this website, to the server on which said page is hosted or to any server, computer or database related to our website. The user agrees not to attack this website. Failure to comply with this clause could lead to the commission of offences under the applicable legislation.We will report any breach of these regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of non-compliance with this clause, you will immediately cease to be authorized to use this website. We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials resulting from the use of this website or the downloading of content from it or to which it redirects.

INTELLECTUAL PROPERTY AND COPYRIGHT

The user acknowledges and consents that all copyright, trademark and other industrial and intellectual property rights over the materials or contents provided as part of the website correspond at all times to DELICIAS DE BARBATE. The user may make use of such material only in the manner expressly authorized.

APPLICABLE LEGISLATION AND JURISDICTION

The use of this website and the purchase contracts of products through it will be governed by Spanish legislation. Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

You can make any complaint and complaint to DELICIAS DE BARBATE via e-mail or by post to the address MUELLE PESQUERO S/N, BARBATE (CáDIZ), 11160.