CONDICIONES GENERALES

These General Conditions regulate the purchase of the products offered through the website www.frutaselcaiman.com, property of FRUTAS EL CAIMAN, SL, with CIF B42624320, with address at Avda Jaime I 13 03670 – (Monforte Del Cid) – Alacant; e-mail hola@frutaselcaiman.com; hereinafter “THE COMPANY”. In this document we will refer to the “USER”, which is the natural person who acquires the product offered through the web and “THE COMPANY”, which is us. The products are acquired directly from THE COMPANY who acts as a direct seller, therefore the contract of sale of the products is made between the USER and THE COMPANY. The USER must read and accept these General Conditions and the information on the products he/she wishes to purchase before proceeding with the purchase. This acceptance will be made expressly by clicking on the box “I have read and accept the General Conditions” that will appear during the purchase process. By doing so, the USER confirms that he/she is of legal age and has the legal capacity to acquire the products offered by THE COMPANY. At the moment of formalising the purchase, this will be understood to be perfected in its own right and from that moment the prices and conditions will have a contractual nature, which means that they can only be modified by the express agreement of the contracting parties.

1. OBLIGATIONS OF THE USER

The USER is obliged for all purposes to use the website and, where appropriate, to purchase the products offered by THE COMPANY in accordance with the law and the provisions of these General Conditions.THE COMPANY reserves the right to remove from the website any comment or opinion of the USERS that is contrary to current legislation, especially in cases that violate the fundamental rights and freedoms of individuals.

2. PURCHASE PROCEDURE AND METHOD OF PAYMENT FOR PRODUCTS

The USER shall select on the website the products he/she wishes to purchase and the quantity or number of units. The prices indicated on the screen are in Euros and are those in force, except for typographical errors, with indication of the inclusion or not of the applicable taxes. The USER must fill in the form with their details in order to process the order, and must click on the “Continue” section to proceed with the purchase of the products and must expressly accept these General Conditions. On the following page, the USER will be shown a summary of the products he/she wishes to purchase, their price, applicable taxes, shipping costs and the estimated delivery time, and the USER may make any changes he/she deems appropriate before clicking on the “Pay” section. Once in the “Pay” section, the USER must enter the credit card details with which he/she will make the payment or the details of his/her Paypal account, and accept the payment. THE COMPANY will send an email to the USER’s email address confirming receipt and confirmation of the purchase made, within twenty-four hours (24 hours) following receipt of the formalisation of the order. The contract will not be considered completed until receipt by THE COMPANY of the payment of the price of the products. If the USER wants an invoice, he/she can obtain it by requesting it by email to THE COMPANY. The USER will be responsible for the veracity of the personal data provided to THE COMPANY, and in particular is responsible for the credit or debit cards he/she uses are his/her own and that they have sufficient funds to cover the cost of the products he/she wants to purchase. THE COMPANY reserves the right to cancel the sale in the event of non-payment, chargeback, card refusal or false data, or in the event that it is unable to verify the card details. Likewise, the USER must notify THE COMPANY by e-mail of any undue or fraudulent charge on the card used for purchases on the website as soon as he/she becomes aware of it.

3. DELIVERY POLICY
DELIVERY

The delivery time for the peninsula is established in 48/72 hours (working days) from the reception of the order. Delivery times are approximate and based on the services of the usual logistics operators. Orders paid by bank transfer will not be processed until the amount of the order has been received in our account. It is required to indicate in the transfer order number and billing name. Failure to provide this information may result in a delay in the processing of the order. Payment by bank transfer must be made within 8 days of placing the order. After this period, the order will be automatically cancelled.

TRACKING

Once the order has been placed, a confirmation e-mail will be sent. When the order is shipped, you will receive another email so that you can track the order.

SHIPPING COSTS

Shipping costs 3 €.

Free shipping from 50 € (VAT included) to Peninsula, Balearic and Canary Islands.

4. RIGHT OF WITHDRAWAL

In accordance with articles 102 and following of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the USER who has the status of consumer or user in accordance with the definition established in article 3 of the aforementioned Royal Legislative Decree, may withdraw from the purchase made for whatever reason, within 14 calendar days from receipt of the product. However, as established in the following section entitled “EXCEPTIONS TO THE RIGHT OF WITHDRAWAL”, this right shall not apply to the goods and services specified in that section. To exercise the right of withdrawal, the USER must notify us of their decision to withdraw from the contract by means of an unequivocal statement that can be sent by post or e-mail to the addresses given at the beginning of these general terms and conditions. If you wish, you can use the following form:

Cancellation form

(you should only complete and send this form if you wish to withdraw from the contract).

For the attention of Frutas El Caiman S.L Avda Jaime I 13 03670 – (Monforte Del Cid) – Alicante ; e-mail : hola@frutaselcaiman.com
I hereby inform you that I withdraw from my contract of sale of the following goods: __________________________________________________________
Order placed on : ____________________
Name and surname: ______________________________________________________________________
Domicilio: _________________________________________________________________________________
Signature (only if this form is submitted on paper)
Date: _____________________

THE COMPANY will only accept returns that meet the following conditions:

The product must be in the original packaging and labelling.
The shipment must be made in the same box in which the order was received, if it cannot be made in the original box, the USER must return it in a box that guarantees the protection of the content so that it reaches THE COMPANY in good condition, otherwise THE COMPANY reserves the right to refuse the return.
A copy of the invoice/delivery note must be included inside the package, indicating the products returned.

The product must be returned to THE COMPANY at the address stated at the beginning of these general conditions. The transport costs arising from the return shall be borne by the USER, who may freely choose the company he/she prefers for the transport of the article and, if he/she wishes, make a calculation of this cost here:

http://www.correos.es/ss/Satellite/site/pagina-calculador_tarifas/sidioma=es_ES
http://www.seur.com/calculador-tarifas.do
http://www.mrw.com.ve/calculo-de-tarifas-(1)/national.aspx
http://es.asmred.com/realiza-tu-envio/
http://www.tourlineexpress.com/error.htm?aspxerrorpath=/servicios/calculo.aspx

Once the product has been received and checked that it is in perfect condition, the refund will be processed, which will be made within a maximum period of 14 calendar days from the date on which the USER communicated the intention to withdraw and by the same method of payment that the USER chose when placing the order. Until the returned items have been received, THE COMPANY may withhold the refund.

 

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

As established in Art. 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal will not be applicable to contracts that refer to:

The provision of services, once the service has been fully performed, when the performance has begun, with the prior express consent of the consumer and user and with the acknowledgement by him/her that he/she is aware that, once the contract has been fully performed by the entrepreneur, he/she will have lost his/her right of withdrawal.
The supply of goods or services the price of which is dependent on fluctuations in the financial market which are beyond the trader’s control and which may occur during the withdrawal period.
The supply of goods made to the specifications of the consumer and user or clearly personalised.
The supply of goods that are likely to deteriorate or expire quickly.
The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
The supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
The supply of sealed audio or video recordings or sealed software which have been unsealed by the consumer and user after delivery.
The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded by means of public auctions.
The supply of accommodation services for purposes other than the provision of housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
The supply of digital content which is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.
5. REFUNDS
For damage caused in transport or error in shipment:

If at the time of delivery it is visibly and clearly appreciated, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage in transport or it is appreciated, in the same way, an error in the goods received, the USER must communicate it to the COMPANY, to the e-mail address given at the beginning of these general conditions, within 48 hours of receiving the order, in order to be able to request the return of the product or products affected and thus the replacement with a new one or the reimbursement of the price paid for it.

For defective products:

In the event that once the package has been opened, the USER finds that a product is defective, he/she must notify THE COMPANY at his/her e-mail address, and proceed to return it within 15 calendar days from the moment he/she receives it. In this case, when the return is justified, THE COMPANY will reimburse the value of the product and the shipping costs, in addition to the direct costs of the return, thirty (30) days after receipt by THE COMPANY of the product for which the product is being returned, without prejudice to the provisions of the current mandatory regulations on consumer protection.

6. GUARANTEE

The COMPANY will be liable for any lack of conformity within a period of two years from delivery. The USER must inform the COMPANY of the lack of conformity within two months of becoming aware of it. The guarantee does not cover damage caused by improper use or normal wear and tear of the products.

7. CUSTOMER SERVICE

For any communication, incident or complaint, the USER can send a communication to the COMPANY by e-mail to hola@frutaselcaiman.com.

8. NULLITY OF CLAUSES

If any clause included in these General Conditions were to be declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that clause or the part of the same that is null or ineffective, with the rest of the General Conditions remaining in force.

9. NOTIFICATIONS

Any notification or requirement that the parties may have to make to each other in relation to the contracting of products or these General Conditions must be made in writing and shall be understood to have been duly made if it has been sent to the e-mail address that each party may indicate to the other for this purpose.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.THE COMPANY reserves the right to make changes at any time to our website and to these General Terms and Conditions. Changes to essential elements will not affect contracts already stipulated, unless the USER has expressly accepted the modified conditions.

11. INFORMATION ON DISPUTE RESOLUTION

Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013 : The European Commission provides an online dispute resolution platform, which is available at the following link:THE COMPANY reserves the right to make changes at any time to our website as well as to these General Terms and Conditions. Changes to essential elements will not affect contracts already stipulated, unless the USER has expressly accepted the modified conditions.