INTRODUCTION
We invite you to review the general conditions of sale that regulate the offer and sale of Patrick de la Cueva, SL products through the online store included in this website.
This document contains the Conditions that regulate the use of this website hosted under the domain www.pdelacueva.com, as well as any other that may be determined at the time and the contract that binds the two of us, Patrick de la Cueva, SL, – You and us – (hereinafter the “Conditions”).
These Conditions establish the rights and obligations of all users (hereinafter "You" / "your") and Patrick de la Cueva, SL (hereinafter "we" and "our") in relation to browsing through the website , the acquisition of the condition of User, the rights and obligations associated with such condition, as well as the commercial transactions and the use of the services that appear in it. These conditions do not apply to clients with Hospitality and Shops rates, which will be governed by the particular conditions of these clients.
By using this website you are bound by these Conditions, Privacy Policy and Legal Notice, so we recommend that you read these Conditions carefully. If you do not agree with them, you must leave the website.
These Conditions could be modified at any time, so you should read them before placing each order.
All the products that are offered in www.pdelacueva.com are sold directly by Patrick de la Cueva, SL with registered office at Calle Tridente, 18, Bq. 44, 03540 Alicante, Spain, and with CIF number B-01758572.
CONTACT: For any type of doubt, query or suggestion, you can send us your comments to info@delacuevafinefood.com
WEBSITE OWNERSHIP
All the intellectual and industrial property rights of the web domain as well as its contents belong to Patrick de la Cueva, SL, so no user is authorized to make use of them, nor print them, nor store them under any physical medium in any case. other than for your personal and private use. Therefore, the modification, decompilation or commercial use of any part of it is prohibited.
Only the use of the contents of the web domain is authorized for informational and service purposes, provided that the source is cited or referenced, the user being solely responsible for their misuse.
Access to this website does not grant users any right or ownership over the intellectual or industrial property rights or the content it houses. Users accessing this website may not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information obtained without the express written authorization of Patrick de la Cueva, SL
The alteration of the content or structure of this web page by the user is strictly prohibited.
Patrick de la Cueva, SL reserves the right to exercise the corresponding legal actions against users who violate or infringe intellectual and/or industrial property rights.
In the event that the user detects any activity that may violate any Intellectual or Industrial Property right or any type of right, we request that you notify us by email: info@delacuevafinefood.com
The information that appears on the website is current on the date of its last update. The company reserves the right to modify the contents of the web domain without prior notice and may limit or deny access to this website.
LINKS TO CONTENT
Patrick de la Cueva, SL reserves the right to block electronic links directed to the website that do not have prior express authorization.
In the event that the website contains links to content owned by third parties, Patrick de la Cueva, SL does not assume any responsibility for the information contained in third-party websites or for the information contained therein.
Patrick de la Cueva, SL will withdraw any link as soon as it becomes aware by any means of the illegality of its content or that third-party property or rights are harmed from them.
TERMS OF USE
These terms have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a company.
Said conditions regulate the offer, the acceptance of purchase and the shipment of Patrick de la Cueva, SL products between you and us.
Patrick de la Cueva, SL offers the products exclusively to end users to acquire merchandise without the intention of resale.
"End user" means any natural or legal person acting within the www.pdelacueva.com for purposes other than those that are specific to the commercial, business or professional activities that it normally develops.
Patrick de la Cueva, SL reserves the right not to attend to orders made by subjects that differ from the end user. Only those end users who have proceeded to register in it in accordance with the provisions of these General Conditions may acquire goods and services marketed through the website.
The conditions of use exposed here will not be applicable to all those clients who are part of hotel groups, shops or are included in other discount groups.
REQUIREMENTS FOR THE CONDITION OF REGISTERED USER
The acquisition of the condition of registered user allows browsing through the restricted access areas that appear on the website, the use of services for which prior identification is necessary and the acquisition of Patrick de la Cueva, SL products. that could be offered through it.
Persons of legal age and with full capacity to contract who sign these General Conditions can acquire the status of registered user. The acquisition of the condition of registered user implies the reading and express acceptance and without any reservation of the integral terms of the present General Conditions that it declares to have known prior to its acceptance, being able to be stored and reproduced by it. Registering as a user is an essential requirement for contracting the services or purchasing Patrick de la Cueva, SL products through its online store.
The generated username and password that will allow the user to identify himself and use the service are strictly personal and confidential. The user will be responsible for maintaining their confidentiality. Consequently, the user expressly accepts, unless there is proof to the contrary, that we presume that the uses of the service made using their identification keys are made by the registered user, unless the latter had previously reported the loss or theft of the same.
The password may be freely modified by the user, through the procedures that we have established for this purpose. The replaced password will be canceled as a means of identification, at the same time that the new one is generated.
We may block access and use of the website when we deem it necessary for security reasons. The Service will be automatically blocked in the event that three successive errors occur in the consignment of user passwords for access or use.
We will adopt the necessary organizational and technical measures in our computer equipment to achieve proper use of the Service by users and prevent unauthorized access whose purpose is to proceed to unauthorized disclosure of the content of the user's financial information accessible through the Service.
USER OBLIGATIONS
The user is obliged to:
– Communicate to Patrick de la Cueva, SL all the data necessary to access and use the services that require prior identification, which must be true, current and adjusted to reality. The user is obliged to provide their personal data in a true and correct manner (name, surname, postal address, email and other contact information) and consents that we may use this information to contact you if necessary. If you do not provide us with all the information, we will not be able to process your order. Otherwise, Patrick de la Cueva, SL will not be responsible in any case for possible delays or failures in delivery as a result of the error or omission of this data.
– The user may not make any fraudulent, false or speculative order. Patrick de la Cueva, SL reserves the right to cancel the order and/or inform the relevant authorities if it has reasonable grounds to consider it as such.
– By placing an order on this website, you guarantee that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.
– Adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password, as well; how to immediately notify Patrick de la Cueva, SL of the loss, misplacement, theft, theft or illegitimate access of your username, as well as its knowledge by third parties.
– Make proper use of the Services included in the website, always in accordance with the legal system.
– Not to carry out any activity that hinders or interferes with the operation of the Services, included on the website.
– To the payment of the products of Patrick de la Cueva, SL. that he had contracted through the website and the shipping costs and collection management, if any.
NOTIFICATIONS
Part of the information or communications that we send you will be in writing, as required by applicable regulations, therefore by using this website, you accept that most communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. Therefore, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements that they be in writing. This condition will not affect your rights recognized by law. We may send communications either to the e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter.
CONTRACT WITH PATRICK DE LA CUEVA, SL AND ACCEPTANCE OF ORDERS
The content of our website is an invitation to do business. Until your order is accepted by us (even if it has already been charged to your account) there will be no contract between you and us. If your order is not accepted and we have already charged you, the amount will be fully refunded.
After clicking "buy" you will receive an email as confirmation of receipt. This does not imply that the order has been accepted, since it is an offer that you make us to make a purchase. Orders are subject to our verification and acceptance. We will confirm acceptance by sending you an email informing you that the order is being shipped (Shipping Confirmation). Only at this time will the Contract between You and us be formalized.
Only the Patrick de la Cueva, SL products listed in the Shipping Confirmation will be the subject of the contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm the dispatch of the same in a separate Dispatch Confirmation.
Patrick de la Cueva, SL may refrain from placing orders that do not present sufficient guarantees of solvency, or that turn out to be incomplete or incorrect or in the event that Patrick de la Cueva, SL products are not available, without liability to you or towards third parties. In any case, we undertake to inform you and if we had already charged you the amount of the order, we will proceed to reimburse you the amount you have advanced.
WITHDRAWAL OF THE CONTRACT
You may withdraw from the contract within the following 14 (fourteen) calendar days from the date of receipt of the order for food products, except for perishable goods and those others that due to their nature may deteriorate or expire quickly. In the case of a household product, you have 15 (fifteen) days to return it. You will be reimbursed the amount for such Patrick de la Cueva, SL products following our Returns Policy.
The right of withdrawal will be applicable as long as the Patrick de la Cueva, SL products are returned in the same conditions in which you received them, together with their complete original packaging, labels and together with any accessories related to them.
Perishable goods and those others that by their nature may deteriorate or expire quickly are excepted from this right of withdrawal.
We will determine if the Patrick de la Cueva, SL products are in the same condition in which they were sent to you. Products that have been returned damaged, incomplete, deteriorated, used or dirty due to the customer's fault will not be reimbursed and will be made available to their sender and reshipped freight collect.
To carry out your right of withdrawal, we invite you to follow our Returns Policy.
AVAILABILITY OF PRODUCTS
You accept that the products offered by Patrick de la Cueva, SL in its online store are subject to stock limits. All orders for Patrick de la Cueva, SL products are subject to their availability. If any product is not available once the order has been placed, we will inform you as soon as possible. At that time you can modify your order or cancel it.
Patrick de la Cueva, SL reserves the right to modify the products offered on the website at any time without prior notice.
PURCHASE PROCEDURE
The following procedure has been established for purchases through the Patrick de la Cueva, SL website
The user must access the online store hosted on the website www.pdelacueva.com o www.pdelacueva.shop where the De La Cueva products that can be purchased through the aforementioned channel are listed with the following information:
a) Description of the product, characteristics and units of measurement.
b) Price per unit of measure and/or weight.
c) Shipping costs.
d) Conditions of validity of the offer, where appropriate.
Once the Patrick de la Cueva, SL product or products have been chosen, the user must add them to the basket included on the website, indicating the units they wish to purchase. Once the chosen De la Cueva products have been added to the shopping basket, the user will be able to access the summary of the purchase, which they must accept by clicking on the Finish the purchase option, where the following information is detailed:
a) Image
b) Description.
c) Save to my shopping list.
d) Quantity.
e) Price per unit of measure
f) Total Price of each of the De la Cueva products purchased.
g) Total price of the purchase.
h) Shipping costs, gift and return policy.
If the user has a promotional code, it must be included at that time to benefit from the conditions that apply to it, if they wish, they can choose the option to send the order as a gift and write a card with a message.
Next, the user must provide their data, in the event that it is a registered user, they must provide the username and password assigned to it. In the event that the user had not previously registered, he must create an account on the website.
Once the user has entered their data, they will access Shipping Details, where they can review their shipping and billing information, modify them and request an invoice; and indicate a note to the carrier.
You will then access the Order Confirmation where you will see the shipping and billing addresses of the same, the payment method, you will accept the general conditions of sale, you will confirm that you are of legal age, and you will proceed to accept it by pressing the "Next" button.
If you choose a credit/debit card payment method, we will redirect you to the payment gateway at this time. If you use a transfer payment method, you will accept the conditions on our page and we will detail the details to be able to carry it out.
Once the Confirmation has been carried out by the User, an email will be sent as soon as we have received your order in which you will be informed of the data corresponding to the purchase order placed. Likewise, we will proceed to analyze the purchase order to determine if it meets all the requirements for its processing. Once the verification is done, we will send you an email confirming the order and its shipment or the denial of it.
DELIVERY PROBLEMS
You must notify Patrick de la Cueva, SL in cases of non-receipt of orders over 5 business days.
If it is impossible for us to make the delivery, the courier company will contact you again to agree on a new delivery date.
When your order is delivered, you must check that everything is as requested. If there is any discrepancy or problem with the order, you should contact Patrick de la Cueva, SL by email. info@delacuevafinefood.com leaving us your personal data and order number reflecting the discrepancy or problem and we will contact you shortly to solve the incident.
TRANSFER OF RISK AND OWNERSHIP
The user acquires ownership of Patrick de la Cueva, SL products at the time they receive the shipping confirmation and the product leaves our warehouses. Responsibility for Patrick de la Cueva, SL products will be transferred to the user at the time the order is delivered.
CURRENCY, TAXES AND METHOD OF PAYMENT
The prices on our website are shown in euros.
In accordance with current legislation, any purchase made from our website will be subject to Tax on
the Added Value (VAT).
According to Spanish regulations, we are obliged to issue an invoice for orders over €3.000 (VAT included).
The shipping costs will be added in the summary of the purchase, before making the payment.
Patrick de la Cueva, SL reserves the right to modify the prices shown on the site without prior notice.
The price of the products will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices on the page are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and the amounts that have been paid will be fully refunded.
We will not be obliged to supply you with the product(s) at the lower incorrect price (even if we have sent you the Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as an incorrect price.
The rights recognized by current legislation are protected.
Patrick de la Cueva, SL accepts payments by credit or debit card (Visa, Visa Electron, Mastercard and Maestro), Pay Pal and Bizum.
To protect the security of payment by credit or debit card, we use secure payment systems. The confidential payment data is transmitted directly and in encrypted form (SSL) to the financial institution. When making the payment through a secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. It will then connect with the issuing bank, which will request the authentication and authorization of the operation.
The return will be in the same form of payment. In the case of transfer, you must indicate an account number on the return form to make the payment.
Patrick de la Cueva, SL reserves the right to verify personal data and adopt the appropriate measures so that the merchandise is correctly delivered.
GIFT OPTION
We offer you the possibility that you can send gifts through our website. You make the purchase from your computer in the usual way, select the shipping address to which we send the gift and mark the option for gifts. You will be able to write a personalized message to the recipient. At this time you will be informed of the added cost of the gift option, if applicable. Each "Gift Option" must be associated with a single order and shipping address.
In the event that you provide personal data of third parties, you guarantee that you have the necessary authorizations for its treatment. Likewise, you are obliged to inform said third parties of the terms and conditions of the treatment of your data.
If you have received an item as a gift, to make a change or return you will have to follow the usual procedure of our Returns Policy. The amount of the return will be refunded to the person who made the purchase and in the same form of payment used.
PURCHASE LIMITS
For security reasons, you will not be able to place orders over €1.000 within a period of 15 days. If you are interested in making purchases greater than that amount or quantity, we invite you to contact our customer service through our contact form.
PRODUCT GUARANTEES AND INFORMATION
The products that we present on our website are a careful selection of our collection. We have taken special care to accurately display the colors and features of our products. Of course, every monitor's calibration is different, and we cannot guarantee that your monitor displays colors with complete accuracy. A large part of our products are fresh foods in which we show you a presentation suggestion, and the product delivered may not exactly coincide with the image of the online store.
You will have the possibility to rate and comment on our products; to avoid offensive, violent, illegal comments, spam, etc., these will be subject to our validation. You will be solely responsible for the comments you may leave on our website, Patrick de la Cueva, SL not being responsible in any case for them, nor having the obligation to publish them.
RESPONSIBILITY AND EXEMPTION OF LIABILITY
Nothing in these purchase conditions excludes or limits our liability for (1) death or personal injury caused by our negligence, (2) fraudulent representations, (3) any other liability that may not be limited or excluded by applicable law.
Subject to the preceding paragraph and to the extent permitted by law, we will not be liable for financial loss (including loss of revenue, data, profit, contract, business or anticipated savings) or loss of goodwill or reputation or losses for special or consequential damages suffered or incurred by you arising out of or in connection with these Terms.
The provisions of this section do not affect your legal rights as a consumer, nor your right to withdraw from the contract.
EVENTS BEYOND OUR CONTROL
We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events beyond our reasonable control ("Force Majeure Event").
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include especially (without limitation) the following:
- Strikes, lockouts or other vindictive measures.
– Civil commotion, revolt, invasion, terrorist attack or terrorist threat, whether war has been declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of using trains, boats, planes, motor transports or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of other governments.
It will be understood that our obligation to comply under any Contract will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to comply with our obligation during such period. We will use all reasonable means to end the Force Majeure Event or to find a solution by which we can perform our obligations under the Contract despite the Force Majeure Event.
APPLICABLE LEGISLATION
The present conditions will be governed by Spanish law. For the resolution of any doubt, discrepancy or divergence that may arise in the fulfillment and interpretation of this contract, the parties submit to the Courts and Tribunals of Alicante.
We inform you of the existence of a European Online Dispute Resolution Platform to which consumers have the opportunity to turn to resolve any dispute related to online purchases through www.pdelacueva.com. You can access said Platform through the following link (https://webgate.ec.europa.eu/odr/). Likewise, you can send us any questions or complaints through our contact form.