Terms and Conditions Subscription
In compliance with the duty of information contained in Article 10 of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, we inform you that the Web Site https://shop.cellercanroca.com (hereinafter, the "Web") is owned by JOROFON, S.L. (hereinafter EL CELLER DE CAN ROCA), with registered office in C/. Can Sunyer, 46 de 17007 GIRONA (Girona – Spain), with NIF B-17412834.
GENERAL CONDITIONS
This document regulates the terms and conditions of use of the website https://shop.cellercanroca.com and the commercial relationship that arises between JOROFON, S.L. and the user (hereinafter the SUBSCRIBER) who contracts a SUBSCRIPTION electronically for the services and products included therein.
The hiring of a SUBSCRIPTION and its confirmation by the SUBSCRIBER implies full acceptance of these terms and conditions of hiring, as well as the guarantee that you are over 18 years of age and that you have the necessary legal capacity to contract. If you do not agree with these conditions, you must refrain from using this page.
These General Conditions, together with the electronic contracting form through the action of marking the web checkbox accepting these conditions form the monthly subscription contract for the Sustainable Gastronomy Cart between EL CELLER DE CAN ROCA and the SUBSCRIBER.
The use of any of the contents of the website for purposes that are or could be illegal is totally prohibited, as well as the performance of any action that causes or may cause damage or alteration of any kind not consented to by EL CELLER DE CAN ROCA, at e-commerce site or its contents.
All products included in EL CELLER DE CAN ROCA online subscription are addressed to final subscribers under the terms and conditions provided by the Retail Trade Law and cannot be sold to third parties.
VISIT THE WEBSITE
Without having to register or make any subscription, EL CELLER DE CAN ROCA invites you to make a virtual visit to our website to learn about the Sustainable Gastronomy Basket project.
CONTRACTING TERMS AND CONDITIONS OF SUBSCRIPTION
1. THE SUBSCRIPTION ("Sustainable Gastronomy")
Sustainable gastronomy | Supporting the small producer created by EL CELLER DE CAN ROCA and BBVA is a monthly subscription to a box with food and products (hereinafter “THE SUBSCRIPTION”) pre-selected by EL CELLER DE CAN ROCA.
The SUBSCRIPTION of each month consists of a surprise box and a written recipe, in which the SUBSCRIBER will not know at any time prior to receiving it, all the products included in the box.
The SUBSCRIPTION is directed only to persons of legal age because the Products may include alcoholic beverages.
The monthly subscription price is € 70/month. All prices are shown in euros (€) and must be considered as the final price to be paid by the SUBSCRIBER (including VAT), taking into account shipping costs.
In accordance with current legislation, any purchase made from our website will be subject to value added tax. The applicable rate will be that which is legally in force at all times.
The SUBSCRIBER who subscribes in June 2020, will receive a basket during the months of: July 2020, September 2020, October 2020, November 2020, December 2020, January 2021, February 2021, March 2021, April 2021, May 2021 and June 2021.
If the SUBSCRIBER subscribes in another month, he will pay and receive the baskets corresponding to the months after the month of his subscription until the subscription ends (last expected basket: June 2020) or until the SUBSCRIBER unsubscribes from the subscription.
The SUBSCRIBER can subscribe to the basket until the last day of each month (inclusive), to receive the following month's basket. By subscribing to the SUBSCRIPTION, the SUBSCRIBER understands and accepts that the first basket he will receive from the 10th day of the month following his SUBSCRIPTION (with the exception of the month of August, month in which there will be no basket delivery or collection). The SUBSCRIBER who subscribes for the first time in the month of July 2020, will receive the first basket in the month of September 2020.
Once the basket is prepared, it will be delivered to your home by carrier (refrigerated transport) and you will be notified via email of the date of departure of the order from the facilities of EL CELLER DE CAN ROCA.
The products offered are distributed to users in any country, but delivery is only available in Peninsular Spain and the Island of Mallorca (excluding Menorca, Formentera, Ibiza, the Canary Islands, Ceuta and Melilla).
The allergens contained in the products in the basket will be indicated in the written recipe included in each basket. No product changes will be made due to allergy or intolerance or food preferences.
2. REGISTRATION AND OPERATION OF THE SUBSCRIPTION
2.1 INTRODUCTION OF DATA OR REGISTRATION PHASE
The use of the services provided by EL CELLER DE CAN ROCA and the contracting of the subscription on the Web requires the registration process that they can carry out using the form provided for this purpose on the web or they can continue visiting the web as a guest. In order to complete the registration, a series of personal data must be provided that must be truthful and accurate. You can consult our privacy policy at the following link https://cellercanroca.com/es/politica-de-privacidad.
You must also bear in mind that you can modify your personal data at any time, as well as exercise your rights of access, rectification, deletion, limitation and opposition in accordance with LO 3/2018 of 5 December, Data Protection and Guarantee of Digital Rights (LOPDGDD) and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
2.2 PURCHASE PROCESS
By clicking on "I want to subscribe" in the product sheet https://shop.cellercanroca.com/inicio-celler-can-roca/116-cesta-gastronomia-sostenible.html the SUBSCRIBER will add the SUBSCRIPTION to the shopping cart.
Finally, confirming the shopping cart, the total price of the order will be indicated, including VAT and shipping cost: € 70 / month, VAT included (with transport included).
Within a maximum period of 24 hours from confirmation of payment of the order, the SUBSCRIBER will receive confirmation of their SUBSCRIPTION by email to the email address provided.
The user can request the invoice by writing an email to shop@cellercanroca.com, indicating the order number and billing information.
2.3. PAYMENT
Payment of the SUBSCRIPTION may be made:
• By credit / debit card VISA or MASTERCARD (REDSYS secure electronic commerce platform).
• By Paypal payment system.
• By credit card AMERICAN EXPRESS.
This data will not be stored or manipulated by EL CELLER DE CAN ROCA but will be registered directly on the payment gateway of the corresponding platform or financial institution. For added security, we use a Secure E-Commerce authentication service established by Visa / Mastercard by which the user authenticates to their issuing entity and the trade is authenticated to their acquiring bank.
In order to guarantee the confidentiality and integrity of transactions, these are carried out through the SSL (Secure Socket Layer) protocol with 128-bit security keys.
In the event that the charge cannot be finally carried out (for any reason), the order will be automatically cancelled.
The first payment of the SUBSCRIPTION will be charged to your credit card upon contracting the SUBSCRIPTION. The charge will be carried out in real time through this payment gateway.
For the successive payments related to the monthly SUSTAINABLE Gastronomy SUBSCRIPTION, the payment will be charged to your credit card in the first five (5) days of the relevant month. If the payment is successful, the SUBSCRIBER will receive a confirmation e-mail with the order number corresponding to this month's SUBSCRIPTION.
At any time of payment, in case the charge cannot be carried out finally (for any reason), the SUBSCRIPTION will be automatically cancelled.
If you have any questions regarding the forms of payment you can contact us without any commitment.
2.4. HOME DELIVERY SERVICE
The SUBSCRIPTION boxes will leave the warehouses of EL CELLER DE CAN ROCA from the 10th of the month. EL CELLER DE CAN ROCA will inform the SUBSCRIBER by e-mail of the date of departure of the order from the warehouses of EL CELLER DE CAN ROCA. Within 24 to 72 hours (Saturdays, Sundays and holidays not included) from the date of confirmation of your shipment, the order will be delivered to the address indicated by the SUBSCRIBER by refrigerated transport to ensure that the cold chain is maintained.
At the time of delivery of the order, the SUBSCRIBER must verify and check the status of the delivered merchandise, sign the delivery note and request a copy from the carrier.
In case of incidence due to lack of merchandise, lack of packages, damage to the packaging or others; The SUBSCRIBER must specify on the delivery notes provided by the carrier (original and copy) any anomaly detected, sign them and notify the incident to EL CELLER DE CAN ROCA within a maximum period of 24 hours after receipt of the order.
Any claim related to transportation notified after 24 hours of receipt of the order, will be rejected.
The delivery of the order is considered made at the time it is made available to the SUBSCRIBER and EL CELLER DE CAN ROCA is exempt from any responsibility for loss, theft or impairment from this moment.
EL CELLER DE CAN ROCA is not responsible for delays caused by causes beyond its management or due to force majeure.
EL CELLER DE CAN ROCA will not be responsible for the errors or damages caused in the delivery when the delivery address provided by the SUBSCRIBER does not match the delivery location desired by it.
The loss or deterioration of the merchandise during transport will not be the responsibility of EL CELLER DE CAN ROCA, but of the transport agency itself.
2.5 BILLING
In compliance with art. 63.3 of RDL 1/2007, of November 16, (LGDCU) the user can request the invoice in paper format.
If the user wants the invoices to be sent in electronic format, it will be necessary to contact the EL CELLER DE CAN ROCA user service to give their express consent and where the form of receipt of the electronic invoice will be specified. The user who has chosen this option may, at any time, revoke this consent in writing addressed to the e-mail shop@cellercanroca.com indicating in the same "invoice revocation in electronic format" and for future purchases, if requested, you will receive the invoices in paper format that will be sent by post.
2.6. SHIPPING COSTS
SUBSCRIPTION shipping costs are included in the indicated price of € 70 / month (VAT included). SUBSCRIPTION is only available for deliveries in Spain peninsula and Mallorca Island.
3. AFTER-SALES SERVICE
In the event of an incident, duly notified and approved by EL CELLER DE CAN ROCA, the SUBSCRIBER will agree on the best way to resolve it.
EL CELLER DE CAN ROCA is not obliged to indemnify the user or third parties for the consequences of the use of the product, whether direct or indirect damage, accidents suffered by people, damage to property other than the product, loss of profit or loss of profit.
The photographs of the products that appear on the website are the property of EL CELLER DE CAN ROCA and are not binding.
4. CANCELLATION OF SUBSCRIPTION
The Subscriber can cancel their SUBSCRIPTION at any time by pressing the word LOW in the initial confirmation email of the SUBSCRIPTION or by directly contacting shop@cellercanroca.com. Withdrawals requested from the 1st of the month will be effective from the following month and the Subscriber agrees to receive the current month's box, as well as the corresponding payment. EL CELLER DE CAN ROCA reserves the right to cancel the SUBSCRIPTION of a User at any time, communicating it to the User by email.
5. RIGHT OF WITHDRAWAL
In compliance with Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 of November, EL CELLER DE CAN ROCA informs you that the SUBSCRIBER has the possibility of withdrawing from the subscription without the need for justification within a maximum period of fourteen (14) calendar days from the receipt of the order corresponding to the current month at the address in the chosen delivery address.
The SUBSCRIPTOR may exercise his right of withdrawal fourteen (14) days before the last day of the month (inclusive) since the next day 1 is the automatic charge of the subscription to start the process of preparation of the basket, sending the confirmation of withdrawal in writing to shop@cellercanroca.com indicating in the subject the online order number.
In case the order for the current month has already been sent It will NOT be possible to exercise the right of withdrawal based on the exceptions provided for in article 103 of RDL 1/2007, of November 16 (LGDCU): The right of withdrawal will not be applicable to contracts that refer to:
• the provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the entrepreneur, you will have lost your right of withdrawal.
• the supply of goods made according to the specifications of the consumer and user or clearly personalized.
• the supply of goods that may deteriorate or expire quickly.
• the supply of goods are sealed and are not suitable for return for health or hygiene reasons or have been unsealed after delivery.
• the supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.
• the supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and which cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
In order to exercise the right of withdrawal, the SUBSCRIBER will communicate to EL CELLER DE CAN ROCA his decision to withdraw from the contract, either by means of any type of communication of such decision that allows to accredit the content and receipt of it by EL CELLER DE CAN ROCA or you can use the form model whose text is reproduced below, although its use is not mandatory. EL CELLER DE CAN ROCA will acknowledge receipt thereof without delay by the same means that the SUBSCRIBER has used to send said withdrawal.
(Just fill out and submit this form if you wish to withdraw from the contract)
To the attention of JOROFON, S.L., with registered office at C /. Can Sunyer, 46 de 17007 GIRONA (Girona - Spain) and e-mail shop@cellercanroca.com.
I hereby inform you that I am withdrawing from the subscription contract corresponding to the month __________________________ and onwards, contracted on ___________.
SUBSCRIPTOR Name: ____________________
SUBSCRIPTOR addresses: ____________________________
SUBSCRIPTOR signature (only if this form is presented on paper):
Date: ___________
6. REIMBURSEMENT POLICY
In the event that a refund is to be made, EL CELLER DE CAN ROCA will manage the refund of the amount paid using the same payment system used by the SUBSCRIPTOR within a period not exceeding 14 calendar days from the confirmation of acceptance of the same by EL CELLER DE CAN ROCA.
7. WARRANTY
In compliance with the General Law for the Defense of Consumers and Users (LGDCU) the products purchased through https://shop.cellercanroca.com enjoy the corresponding guarantee, from the moment of its acquisition, that they cover the possible defects of manufacture of the product, although in the food field, the nature of the products determines the terms that are reduced and determined by the manufacturer himself by indicating the expiration date or preferred consumption.
8. LIABILITY AND DISCLAIMER OF LIABILITY
The consumer and user have the right to the repair of the product, its replacement, the reduction of the price or the termination of the contract, as established in Title IV Chapter II of the General Law for the Protection of Consumers and Users.
If the product does not comply with the contract, the consumer may opt for the replacement of the product, at no cost to the consumer, which is carried out within a reasonable period of time depending on the nature of the products.
9. USER ATTENTION
To contact EL CELLER DE CAN ROCA for any questions, you can contact our SUBSCRIBER Service by communicating to:
PHONE: +34 972 22 2157
EMAIL: shop@cellercanroca.com
10. LANGUAGE
At the informative and contractual level, the selected language of communication, Spanish, Catalan, French and English.
(According to unique article 28 of Law 3/2014, of 27 March, which modifies article 98 of Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the General Law for the Protection of Consumers and Users and other complementary laws Article 98. Formal requirements for distance contracts 1. In distance contracts, the employer must provide the consumer and user, in the language used in the contract proposal or, in the language chosen for recruitment, and at least in Spanish).
This translation in English is only issued for reasons of convenience and in compliance with the right to information according to article 13 of EU Regulation 2016/679, of April 27, 2016 (RGPD) and article 11 of Organic Law 3/2018, of 5 December 2018 (LOPDGDD). In case of divergence or incompatibility between the English and Spanish versions of these general conditions of sale and use, the Spanish version will prevail.
11. CLAIMS
To lodge any complaint or claim with EL CELLER DE CAN ROCA, the customer must contact the customer service either by telephone number +34 972 222 157 or by e-mail by sending it to email address shop@cellercanroca.com.
According to the EU Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
12. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These conditions are governed in accordance with Spanish law. EL CELLER DE CAN ROCA and the user agree to submit any disputes that may arise in relation to the contracting of products or services subject to these General Conditions, to the Courts and Tribunals of the User's domicile.
13. MODIFICATION OF THE SUBSCRIPTION CONDITIONS
The right to make changes at any time on the website, in the policies, terms and conditions, including these Subscription Conditions, is reserved.
The SUBSCRIBER will be subject to the terms, conditions and policies in force at the time of placing the order unless, by law or at the request of the public authorities, a change is made in these that should be applicable to any order previously made.
If any of the present conditions is declared invalid, null or for any ineffective cause, this condition will be understood to be excluded without this declaration affecting the validity or the enforceability of the other conditions.
In case of partial nullity, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Subscription Conditions.
The non-exercise by EL CELLER DE CAN ROCA of any right derived from these Subscription Conditions shall not be construed as a waiver of this right, unless expressly and in writing waived by EL CELLER DE CAN ROCA or prescription of the action that in each case corresponds.
14. NULLITY AND INEFFECTIVENESS OF CLAUSES
If any clause included in these Conditions were to be declared totally or partially null and void or ineffective, such nullity or ineffectiveness would only affect that provision, subsisting the present General Conditions in everything else, such provision being considered not included.