The present Terms and Conditions shall expressly regulate the relationship between CORTIJO DE SUERTE ALTA, S.L. (hereinafter, "SUERTEALTA"), with registered office at Calle Encarnación, 4, Bajo izquierda, 28013, Madrid, and with VAT number B-84487529 and third parties (hereinafter, "Users") who register as users and/or purchase products through the online shop of SUERTEALTA's official website (https://www.suertealta.es/, hereinafter, the "Website").
For any question, the User may contact the following e-mail address: firstname.lastname@example.org or telephone number +34 917 584 762.
Access to the Web Site implies acceptance of these Terms and Conditions, as well as the different modifications and/or additional legal texts that SUERTEALTA may include in the future.
By accepting the Terms and Conditions, the User agrees to act at all times in accordance with the provisions set out in the clauses of this legal text, which define the rights and obligations of SUERTEALTA and the User regarding the contractual relationship arising from the use of the services accessible through the Website. These are the only Terms and Conditions applicable to the use of the Website (notwithstanding that for certain services there may be special conditions) and replace any other conditions.
By accepting these Terms and Conditions, the User declares that he/she is over 18 years of age and has the legal capacity to contract and acquire the services present on the Website.
This Website has been developed by SUERTEALTA with the purpose of offering, for sale, varieties of organic olive oil such as picual, arbequina, coupage, etc. (hereinafter, the "Products").
The products are aimed at consumer users.
In order for Users to enjoy the products that SUERTEALTA offers through the Website, they must take into account the following:
4.1. User Registration
To proceed with the purchase of the Products made available to Users through the Website, they must proceed to register by providing their name and surname, as well as their email address and date of birth using the registration form found on the Website for this purpose. In addition, Users must select a password in order to complete the registration process.
SUERTEALTA will facilitate the use of personal passwords to the User who registers as such on the Website. These passwords will be used to access the services provided through the Website. The User shall maintain the passwords under his/her exclusive responsibility in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the User. The User undertakes to notify SUERTEALTA immediately of any unauthorised use of his/her password and/or user name, as well as access to it by unauthorised third parties through the e-mail address email@example.com, in order to proceed to its immediate cancellation.
In this regard, Users assume full responsibility for their use of the Website. The Website may provide Users with access to a large amount of texts, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the "Content") belonging to SUERTALTA or third parties.
Users undertake to make appropriate use of the Content and Services provided through the Website.
Without limitation, Users undertake not to use such Content or Services to:
(i) Make unauthorised or fraudulent use of the Website;
(ii) Access or attempt to access restricted resources of the Website;
(iii) Use the Website for purposes that are illicit, illegal and/or contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload or impede the normal use or enjoyment of the Website;
(iv) Cause damage to the Website or third party systems;
(v) Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the systems of SUERTEALTA or third parties;
(vi) Attempt to access, use and/or manipulate SUERTEALTA's data, that of other Users or third parties;
(vii) Reproduce, copy, distribute, transform or modify the contents, allowing access to third parties through any form of public communication, unless authorised by the holder of the corresponding rights or it is legally permitted;
(viii) Obtain or attempt to obtain the contents by means or procedures other than those which, where applicable, have been made available for this purpose;
(ix) Attempt to access and/or use the e-mail accounts of other Users and/or modify or manipulate their messages; and
(x) Users shall not transmit their user name and password to unauthorised third parties and shall immediately inform SUERTEALTA of access by an unauthorised user.
Furthermore, Users undertake to keep their account information accurate, complete and up to date (name, surname, age, address, telephone number, email, etc.).
In relation to the above, SUERTEALTA reserves the right to terminate the membership of those Users who are misusing their user account, carrying out fraudulent acts or acts that harm or could harm SUERTEALTA, as well as the introduction of false or incomplete personal information required that makes impossible or difficult the correct development and operation of the services offered on the Website.
In the event that SUERTEALTA detects any anomaly or there are reasonable grounds that a User is carrying out any of the aforementioned acts that contravene good faith and these Terms and Conditions, SUERTEALTA reserves the right to terminate the User, including all those Users who have benefited directly or indirectly from this type of action, and may also take any legal action that may be appropriate, with the User being responsible for the costs that such acts may cause, as well as for any damages caused.
SUERTEALTA also reserves the right not to grant a user account when it has reasonable grounds to believe that a User has violated these Terms and Conditions.
SUERTEALTA may temporarily suspend access to the Website for maintenance, repairs, updates or improvements without prior notice. However, whenever circumstances permit, SUERTEALTA will inform Users sufficiently in advance of the date on which the Services will be suspended. SUERTEALTA is not responsible for the use that Users may make of the Contents included in the Web Site.
4.2. User Account
Once the User has created an account to access the Website, they will have access to a profile where they can fill in their personal details, including their date of birth, postal address and tax identification number.
The User guarantees that his/her data will be accurate, current and truthful. In addition, you may cancel your account on the Website at any time by contacting SUERTEALTA by email at firstname.lastname@example.org.
4.3. Operation of the Website
Once the User's account has been created, the User may proceed to purchase any of the Products offered on the Website. Once the Products have been selected and added to the shopping cart, the User can select home delivery and proceed to pay the price.
SUERTEALTA reserves the right to modify the products offered through the Website to Users. In particular, SUERTEALTA may at any time add new products to those offered or included on the Website, it being understood that unless otherwise provided, these new products shall be governed by the provisions of these Terms and Conditions.
4.4. Conduct of Users on the Website
The User undertakes, in general, to use the Website, to purchase the products and to use each of the Website services diligently, in accordance with the law, morality, public order and the provisions of these Terms and Conditions, and must also refrain from using them in any way that may prevent, damage or impair the normal operation and enjoyment of the Website by Users or that could damage or cause damage to the property and rights of SUERTEALTA, its suppliers, Users or in general any third party.
In particular, but without limitation, any person visiting the Website, as well as Users shall not:
i. Communicate data that is not true, accurate, complete and/or up to date, or provide the Website with data identifying another user or impersonate any person or identity.
ii. Use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
iii. Maliciously or intentionally cause damage or harm that may undermine or alter the Website, or introduce or disseminate computer viruses that may cause unauthorised alterations to the content or systems comprising the Website. The User shall not scan or test the vulnerability of any SUERTEALTA system or network, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used by SUERTEALTA to provide services through the Website.
iv. Use the Website to send, use or re-use material or information that is unlawful, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening in any way, or in violation of copyright, trademark or confidentiality, privacy or any other rights, or otherwise injurious or objectionable to third parties, or which contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other form of "spam" and, in general, any unnecessary annoyance or inconvenience.
v. Download, send or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.
vi. Not to send mass and/or repetitive messages to a number of people, nor to send e-mail addresses of third parties without their consent.
vii. To use the tools that SUERTEALTA makes available to Users for purposes other than merely informative.
viii. Promote or encourage third parties to carry out any of the above practices or contribute to it.
SUERTEALTA shall have the right to investigate and report any of the aforementioned conducts in accordance with the Law, as well as to collaborate with the authorities in the investigation of such actions. SUERTEALTA reserves the right to deny any attempt to access the Website or cancel the provision of Services in cases of improper use of the Website.
In particular, SUERTEALTA reserves the right of admission and exclusion from its Website. Any User who does not comply with the rules contained in these Terms and Conditions may be excluded from the Website.
SUERTEALTA undertakes to solve any problems that may arise and to offer all necessary support to the User to reach a quick and satisfactory solution to the incident, and also undertakes to remove any advertisement published on its Website whose content violates the applicable laws at the time it becomes aware of its existence.
The products included on the Website shall correspond as closely as possible to the products actually offered, as far as the web display technology allows. The characteristics of the products and their prices appear on the Website. The prices indicated on the Website are in euros € and include VAT, unless otherwise indicated.
All Products appearing on the Website are subject to availability. SUERTEALTA constantly and automatically updates the Website to ensure the maximum correspondence between the actual availability of products and services and the information available in this regard on the Website.
However, SUERTEALTA shall have the right to cancel an order in the event of unavailability of the Products selected by the User, in which case SUERTEALTA shall inform the User by e-mail that the order could not be processed, detailing the reasons why the User will not be able to take advantage of it. In this case, the amount previously paid through the payment method selected by the user will be refunded as soon as possible.
The User will be notified of the refund by e-mail.
Once the User has selected the Products, he/she must verify that the content of his/her order is correct and proceed to pay for it. In this regard, in order for the User to be able to proceed with the payment of his/her order, he/she must identify him/herself or register prior to proceeding with the payment.
Within a maximum period of twenty-four (24) hours, SUERTEALTA will send an e-mail to the User, confirming receipt of payment. This e-mail will assign a reference code of the purchase, and will detail the characteristics of the product, its price, shipping costs (if applicable) and payment details.
We do not ship to the Canary Islands, Ceuta and Melilla. There is no minimum order for shipments to the Peninsula or Balearic Islands.
The minimum order for international shipping is 100 € and for Estonia, Finland, Greece, Latvia, Lithuania, Norway and Sweden the minimum order is 200 €.
Shipping costs are free of charge and include handling, packaging and postage. In case of two different orders the shipping costs will be applied to each of the orders.
Any customs duties and taxes that may be incurred on the entry of the order in countries outside the European Union shall be borne by the buyer.
The User who purchases a product through the Website must make payment using the following available systems:
- Visa or Mastercard
- Bank transfer
In the case of international shipments, only two methods of payment will be accepted: PayPal and Visa or Mastercard.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The User must notify SUERTEALTA of any undue or fraudulent charge that may occur on the card used for purchases, by sending an e-mail to email@example.com as soon as possible, so that SUERTEALTA can take the necessary steps in the event of an incident.
SUERTEALTA will file the electronic documents in which the contract is formalised, sending a copy to the User once the purchase has been made. The order confirmation sent by SUERTEALTA is not valid as an invoice, only as proof of purchase.
7.1. Delivery of the Product
SUERTEALTA undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimise delivery, the User must indicate an address to which the order can be delivered during normal working hours.
However, SUERTEALTA will not be responsible for errors caused in the delivery of the order when the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false or has been omitted.
Notwithstanding the above, SUERTEALTA undertakes to adopt those measures that are within its reach, so that the delivery of orders can be made within the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
The User will be able to track his order through his user account.
7.2. Delivery time and notification
Orders are delivered within 24/72 working hours of receipt of confirmation of payment, except for orders received on weekends or public holidays. In the case of international shipments, the delivery time is 10 working days.
8.1. Returns due to manufacturing defects
The return of Products with manufacturing defects (such as, for example, defects in the bottling) can be made within a period of 3 years from the purchase of the Product, in accordance with the criteria and conditions described in 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 that may be applicable.
Defects or flaws due to incorrect use or handling of the Product by the User are not included in this guarantee.
This guarantee is applied taking into account in all cases the nature of the products purchased and their perishable or semi-perishable nature, and cannot be applied in all cases. However, it is necessary to bear in mind that olive oil is a product that must be stored properly and consumed within a certain period of time from its packaging, since with the passage of time it may lose some of its organoleptic properties such as smell, flavour or colour.
It shall be understood, in the absence of evidence to the contrary, that the Products are in conformity with the contract provided that they meet all the following requirements: a) They conform to the description provided by SUERTEALTA and possess the qualities of the Product that SUERTEALTA has presented to the user; b) They are suitable for the uses to which Products of the same type are normally put; c) They present the usual quality and performance of a Product of the same type that the consumer and user may reasonably expect, taking into account the nature of the Product.
The return will be made at no cost to the User, provided that it has been agreed with SUERTEALTA and that the transport service for the return has been specifically contracted by SUERTEALTA. Except in the event that the parties have agreed other terms in writing (email, etc.), SUERTEALTA will not refund any transport costs that the user has incurred or that he/she has personally contracted.
To formalise the return, the User must contact SUERTEALTA using the form below in point 8.2, indicating the Product or Products to be returned and a detailed list of the defects found in them. Once SUERTEALTA's customer service team has received this communication, and once the defect of the Product indicated has been verified, SUERTEALTA's customer service team will arrange for the defective Product to be collected and sent to its warehouses, at no cost to the User.
In the event of a defective Product, SUERTEALTA will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, which will be free of charge for the User.
8.2. Right of cancellation
The User has the right to withdraw from the contract within 14 calendar days from the day on which he/she received the Products, without penalty and without having to state the reasons. The withdrawal period shall expire 14 calendar days after the day on which the User or a third party indicated by the User, other than the carrier, acquired material possession of the last of these goods.
To exercise the right of withdrawal, the User must notify SUERTEALTA - Calle Encarnación, 4, Bajo izquierda, 28013, Madrid - firstname.lastname@example.org of his decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or e-mail). In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
"Model withdrawal form:
For the attention of SUERTEALTA, S.L. - Calle Encarnación, 4, Bajo izquierda, 28013, Madrid - email@example.com Tel. +34 917 584 762
I hereby inform you that I withdraw from our contract of sale of the following goods:
- Order received on (day/month/year)
- Name of consumer and user
- Address of consumer and user
- Signature of consumer and user (only if this form is submitted on paper)
In the event of withdrawal, SUERTEALTA will refund all payments received by the User, including delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the least expensive ordinary delivery method offered by SUERTEALTA) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of the decision to withdraw from this contract.
SUERTEALTA will proceed to carry out such reimbursement using the same means of payment used by the User for the initial transaction, unless the User has expressly indicated otherwise; in any case, SUERTEALTA will not incur any costs as a consequence of the reimbursement. SUERTEALTA may withhold the refund until it has received the Products, or until the User has provided proof of the return of the Products, whichever condition is met first.
The right of withdrawal shall not apply when the goods have been unsealed after delivery and such goods are no longer suitable for return.
For any incident, complaint or exercise of their rights, the user may send an e-mail to the address firstname.lastname@example.org
SUERTEALTA does not grant any guarantee and is not responsible, in any case, for damages of any nature that may arise from access or use of the contents of the Website. Among others, and by way of example and not limitation, SUERTEALTA is not responsible for the following circumstances:
i. The lack of availability, maintenance and effective operation of the Website and/or its services or content, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.
ii. The lack of usefulness of the Website or its contents for any service.
iii. For the content of other Internet pages to which links may be placed on the Website.
iv. The existence of viruses, malicious or harmful programs on the Website.
v. The illicit, negligent, fraudulent or contrary to these Terms and Conditions or good faith use of the Website or its contents by Users, including any infringement of the intellectual and/or industrial property rights of SUERTEALTA or third parties.
vi. Incidents caused by a lack of due diligence on the part of the User or by improper use of the Website.
vii. Cases of force majeure, blockage of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond SUERTEALTA's control that prevent the normal use of the Website.
The User acknowledges that all elements of the Website and each of the products, information and materials contained therein, trademarks, structure, selection, arrangement and presentation of its contents, and computer programs used in connection with them, are protected by intellectual and industrial property rights of SUERTEALTA itself or third parties, and that the Terms and Conditions do not give the User any other rights with respect to such intellectual and industrial property rights other than those specifically provided for therein.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject (hereinafter, "Intellectual Property Law"), as well as in Law 17/2001, of 7 December on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden the reproduction, transmission, adaptation, translation, distribution, public communication, including making available, of all or part of the contents of the Web Site, in any support and by any technical means, unless expressly authorised in writing by SUERTEALTA.
Specifically, and by virtue of the provisions of national, European and international regulations on intellectual property, it is expressly forbidden to use all or part of the contents of this website and specifically the content developed by SUERTEALTA, for commercial purposes, in any medium and by any technical means, without the authorisation of SUERTEALTA.
The User must use the materials, elements and information accessed through the use of the Website only for his/her own needs, and undertakes not to make any direct or indirect commercial use of the materials, elements and information obtained through them.
The User undertakes to respect the Intellectual and Industrial Property rights owned by SUERTEALTA. The User must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the SUERTEALTA Website.
SUERTEALTA does not grant any licence or authorisation of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transmission, licence or total or partial transfer of said rights by SUERTEALTA.
Any use of such content not previously authorised by SUERTEALTA will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
SUERTEALTA guarantees the security and confidentiality of the personal data provided by Users in compliance with the provisions of Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter, "RGPD") and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter, "LOPDGDDD").
In this regard, Users are informed that, in terms of privacy and protection of their personal data, they may exercise the following rights:
i. Access to their personal data;
ii. request the rectification of any inaccurate data;
iii. request the deletion of their data;
iv. request the restriction of the processing of their data; v. oppose the processing of their data;
v. object to the processing of your data;
vi. exercise their right to be forgotten; and
vii. request the portability of their data. Users shall also have the right not to be subject to decisions based solely on automated data processing.
Users may exercise all these rights by sending an e-mail to email@example.com indicating the reason for their request and providing a copy of their National Identity Card.
The entry into force of the modifications of the terms and conditions will take place from the moment of their publication on this Web Site.
All clauses or terms of these conditions of use must be interpreted independently and autonomously, and the rest of the stipulations will not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by one or more other clauses that preserve the intended effects of the conditions of use.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, the Platform informs that, in the event of a dispute, the User resident of the European Union may use the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to resolve out-of-court any dispute arising from the contractual relationship between the parties.
If you wish to access the "Online Dispute Resolution Platform" you can do so via the following link: http://ec.europa.eu/consumers/odr/.
In accordance with 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, with express waiver of any other jurisdiction, the parties submit to the Courts and Tribunals of the place of residence of the User.