Special conditions of sale
1.- General information
This section sets out the special conditions governing relations between CAFE CANELA SC (hereinafter “the owner of the website”) and any customer / user who makes an online purchase through this website.
The parties agree that their relations will be governed by the general conditions contained in the section “legal notice” as well as the particular conditions regarding electronic commerce are set out in this section. All of them are accessible on the portal, and must be, in any case, previously accepted by the customer. In case of modification of the same by the owner of the website, the conditions to be applied to each customer / user, will always be those accepted at the time of purchase.
The customer/user, prior to contracting and in any case in the purchase process, may access, file and print these general conditions of contracting for consultation. These contracting conditions will be available in Spanish. We have the right to revise and modify these conditions at any time.
The customer/user declares to be eighteen years old, and the full legal capacity to make a purchase and sale on the website cafeteriacanela.com. To be able to purchase any product of those offered on the portal is necessary to connect and register as a user / customer, filling out the electronic form that at any time appears on the website of the store and following the instructions indicated therein.
For the purpose of registration, the Entity may provide the client/user with a User name and a secret code (“Password”). The User Name and Password provided by the Entity to the User are identifying and enabling elements to access the services and are personal and non-transferable. The owner of the website may make, with adequate notice, changes to the User Name and / or password, in which case the modified keys will lose their validity.
2.- Products
The customer/user must take into account that there may be slight differences between the appreciation of the product on-line and in reality/store itself; for which reason, he/she will have the possibility of withdrawing from the purchase-sale taking into account the regulations in this regard that are set out in the following sections.
As for the availability of the products offered on this website, it is valid as long as the products are visible on it, with the limits of available stock. Being e-commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock is exhausted, not being able, therefore, in these cases, to continue with the purchase and sale initiated.
In the event that there is any break in stock or unavailability of an item the owner of the website will contact you to inform you and give you a new delivery time or, if it is not possible to serve the product, proceed to its cancellation or will be offered, without involving an increase in price, a product of similar characteristics that has the same or even higher quality.
3.- The price
The prices fixed in the web cafeteriacanela.com are indicated in euros including VAT in each one of them. The prices shown on our website are shown excluding shipping costs of the same.
The Retail Price of the item will always be indicated at the time the customer/user has completed the shopping cart, and the customer will be informed of the final price of his/her purchase prior to payment validation. Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.
For shipments not in accordance with the general rates, charges are calculated in real time based on the weight and dimensions of the customer’s shopping basket.
In any case, the shipping costs will be recalculated at each moment when making the purchase through the portal, and will appear at all times in the customer’s shopping cart, clearly differentiated from the price of the item/s included in it.
The customer will be informed of the final price of his purchase, including shipping, before validation of the payment.
4.- Purchase process
To proceed with the purchase of products, you must add the product you wish to purchase to the basket, according to the indications shown on the screen, filling in the order form provided and validating it.
The validation of the order by the customer / user expressly implies the knowledge and acceptance of these general and particular conditions of contracting as part of the conclusion of the contract. Unless proven otherwise, the data recorded by the owner of the website constitute proof of the set of transactions made between cafeteriacanela.com and its customers. By which the entity will file the electronic document in which the contract is formalized and this will be accessible.
To place an order, you must follow the online purchase procedure and click on “Place Order”. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by e-mail that the product is being shipped (the “Shipping Confirmation”). Among the information that will be sent to you through this email is: the order identifier, details of the product’s characteristics, its price, the shipping costs and the invoice of the order in pdf format.
5.- Form of payment
The owner of the website proposes the following payment method:
Payment by Credit Card: Purchases can be paid by Visa®, Mastercard® credit card as well as by 4B or 4B Maestro debit card (which implies an automatic charge). Payment is made through the secure Bankia Virtual POS network.
6.- Shipping
Products are shipped to the shipping address indicated in the order. Orders will be shipped within the national territory according to shipping conditions and rates. From your shopping cart you can select the type of shipping you want depending on the area and the delivery method you prefer. The shipping methods are:
– Standard Courier (national territory): The shipment of the order will depend on the carrier and will vary between 48/72 working hours (weekends not included). The customer will be notified by email of the departure of the goods attaching an identifier number with which you can track the order through the website of the carrier. All orders received after 12 noon on Friday will be processed the following Monday.
– Pick up in store: The customer can pick up the order, once its availability is confirmed, in our stores. As soon as it is available the website owner will contact the customer to arrange the day and time for in-store pick up.
In the case of placing an order for several items with different availabilities, the deadline for shipment will take into account the longest expected delivery. In exceptional cases, cafeteriacanela.com will reserve the right to break down the order, sending the items available and leaving pending a second shipment, the items not available. In this case, the second shipment is made without any additional cost.
Right of withdrawal
If you are not satisfied with the products purchased exclusively in cafeteriacanela.com you have the right to withdraw from the contract by returning your purchases in our own online store, in accordance with the provisions of the following paragraphs.
Time limit for exercising the right of withdrawal: You may exercise the right of withdrawal without giving any reason within 14 calendar days for all items. This withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods.
The refund for withdrawal will not be possible in the cases referred to in art. 103 of RD 1/2007 which regulates the revised text of the General Law for the Defense of Consumers and Users.
The consumer shall be solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.
The customer / user will have the possibility at any time to renounce the sale made, even having produced the confirmation by the owner of the website cafeteriacanela.com by e-mail to the address info@cafeteriacanela.com producing the refund of the amount previously charged to the customer / user, provided that the customer’s order has not already been sent to its recipient at the time of receipt of the request by the customer or is a customized product exclusively at the request of the customer / user according to their requirements.
If so, the customer/user must wait to receive the order, to request a return, and once the order returns to our warehouse, and it checks that both the conditioning, and the returned product is in perfect condition, will be credited the amount of the purchase, excluding shipping costs.
In any case, a delay in delivery with respect to the indicated deadlines shall not entitle the customer to claim any compensation.
To exercise the right of withdrawal, you must notify us at the address given in the legal notice or by writing to us by e-mail or our contact form, your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
8.- Product warranty.
If you contract as a consumer and user, we offer the manufacturer’s warranty on the products we sell through this website, in the terms legally established for each type of product, responding the manufacturing company, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
The products are deemed to be in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are fit for the uses to which products of the same type are ordinarily put and (iii) they present the quality and performance usual for a product of the same type that are reasonably to be expected.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
In this sense, if any of the products are not in accordance with the contract as a wrong product, defective or in poor condition, you must inform us through info@cafeteriacanela.com and we will assist you as soon as possible to replace the product with another of the same characteristics.
9.- Liability and exemption from liability.
Except as otherwise expressly provided in these Terms, our liability in connection with any product purchased on our website shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we do not accept any liability for the following losses, regardless of their origin:
- loss of income or sales
- loss of business
- loss of profits or loss of contracts
- loss of anticipated savings
- data loss
- loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
10.- Links from our website.
Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. Therefore, we accept no liability for any damage or loss arising from your use of the site or for any malfunction of the site.
The owner of the website does not guarantee the legality, quality, reliability and usefulness of the services provided by third parties or those that the owner of the website acts only as a mere advertising channel.
11.- Written communications.
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.
12.- Notifications
The notifications you send us should preferably be sent through our contact form. Pursuant to the provisions of the preceding clause and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notifications shall be deemed to have been received and to have been properly made at the same instant they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
- 13.-Applicable law and jurisdiction.
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.
Any dispute that may arise from access, use of this portal or online purchase is subject to the exclusive jurisdiction of the courts of the domicile of the owner of the website.