1. INTRODUCTION:
1.1 PRELIMINARY PROVISIONS:
This document (together with all documents mentioned therein) sets out the terms and conditions that govern the provision of services and the sale of local and seasonal food products from FPRIVATE FOUNDATION AGRARIAN TUTELAR WORK henceforth, “OTA FOUNDATION”) and obratutelaragraria.org (hereinafter, “Website”).
These Terms and Conditions of Purchase and Contracting (hereinafter, “Conditions”) are complementary to the rest of the legal notices on our Website, therefore, before accessing, browsing, using and/or purchasing products through this Website, we expressly request that the USER carefully read this legal text, the Legal Notice, the Privacy and Cookies Policy and, if in doubt, contact us via email: info@obratutelaragraria.org.
THESE TERMS AND CONDITIONS MAY BE MODIFIED AT ANY TIME. IT IS THE USER'S RESPONSIBILITY TO READ THEM PERIODICALLY, AS THOSE IN EFFECT AT THE TIME OF PURCHASE OR AT THE TIME OF USING THE WEB PLATFORM WILL BE APPLICABLE. THESE TERMS AND CONDITIONS MAY BE CONSULTED AT ANY TIME.
1.2 WEBSITE OWNER'S DETAILS:
The provision of services and sale of clothing and accessories through the website obratutelaragraria.org is carried out by FUNDACIÓ PRIVADA OBRA TUTELAR AGRÀRIA, with tax identification number G08294480, located at Carrer Lleida 28, 08185, Lliçà de Vall (Barcelona), and email address info@obratutelaragraria.org, the owner of the website.
1.3 USER:
Access to, use of, and browsing of the website obratutelaragraria.org confers the condition of USER upon you.
1.4 LEGISLATION:
The conditions govern the sales relationship between FUNDACIÓ OTA and the USER/CLIENT, in accordance with the legal stipulations, especially Law 7/1998, of April 13, on General Conditions of Contract, Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
2. PRIVACY AND COOKIE POLICY:
The personal information and data that the USER provides to FUNDACIÓ OTA will be processed in accordance with our Privacy Policy and Cookies Policy.
When using, browsing the Website, and placing orders, the USER must consent to the processing of their personal data by FUNDACIÓ OTA, in accordance with the Privacy Policy and Cookies Policy, which have been made available to them. For more information:
Privacy Policy https://www.obratutelaragraria.org/es/politica-privacitat
– COOKIE POLICY: https://www.obratutelaragraria.org/cookies
3. USE OF OUR WEBSITE AND USER OBLIGATIONS:
When using the services and making purchases through obratutelaragraria.org, the USER agrees to the following:
To declare that all data provided is true, accurate, complete, and up-to-date, being responsible for any harm or damage, direct or indirect, that may be caused as a consequence of the breach of such obligation. Without the requested information, FUNDACIÓ OTA will not be able to process your order.
– When placing an order, the USER guarantees that they are over 18 years of age and have the legal capacity to contract.
– Consent to us processing your personal data to contact you regarding the placed order, in accordance with the Privacy Policy.
– Do not make any false or fraudulent purchases. If the Website owner considers that the USER has made a purchase with these characteristics, we will cancel the order and duly inform the relevant authorities.
– To make appropriate use of the Website and the services provided by FUNDACIÓ OTA through obratutelaragraria.org, in accordance with the legal system.
– No to resell or redistribute products marketed by FUNDACIÓ OTA.
– At the time of account registration, you agree to:
FUNDACIÓ OTA reserves the right to block or delete the account of any USER who breaches these Conditions or any other applicable general conditions, whether of special severity or repeated.
REGISTRATION AS A USER, ACCOUNT CREATION, OR PRODUCT PURCHASE IS NOT PERMITTED FOR INDIVIDUALS UNDER 18 YEARS OF AGE.
4. PRODUCTS MARKETED BY FUNDACIÓ OTA:
Through the website obratutelaragraria.org, FUNDACIÓ OTA produces and markets local and seasonal food products. The characteristics of the products marketed by FUNDACIÓ OTA can be viewed on their website.
FUNDACIÓ OTA only sells its products in Spain.
5. PURCHASE PROCESS:
To purchase any of the products available on obratutelaragraria.org, the USER does not need to register or create an account.
5.2. Therefore, when the USER intends to purchase, they must first select the products they wish to acquire, which will appear in the cart, and then click on “PROCEED TO PURCHASE.” Subsequently, to process their order, the USER will only be asked for the essential data, which are the following (contact details, shipping information, and payment information):
5.3. Once the USER has entered and reviewed their order (they may click “BACK” to check the entered data and selected products), they must click “PAY AND FINISH PURCHASE” and will be redirected to a virtual payment platform, REDSYS, where they will have to enter their bank details to proceed with the payment.
5.4. Once the USER has correctly completed the purchase process, they will receive an email acknowledging receipt of their order and confirming the effectiveness of the transaction within a maximum of 24 hours, confirming the order and attaching the invoice electronically and/or by paper, according to their preferences. Likewise, we will send them a tracking code for their order so that they can check the status at any time.
6. PURCHASE CONDITIONS:
6.1 PRICE:
The price of the products indicated on the Website includes Value Added Tax (VAT), the applicable rate will be the legally established at any given time, and in any case, it will be expressed in Euros (€).
Shipping costs are not included in the final product price and will be added to the total amount once the USER has entered the shipping address. Shipping costs will be borne by the USER and will depend on the shipping address.
Prices may change at any time; these changes will not affect orders or purchases that the USER has effectively completed and for which they have received a confirmation email.
6.2 Value Added Tax:
In accordance with Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of items shall be considered located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, excluding the Canary Islands. The applicable VAT rate will be the legally in force at any given time, depending on the specific item in question.
6.3 PAYMENT:
Once the USER has selected the items they wish to purchase and wishes to process the order, they will have to make the payment and can do so by selecting any of the available payment methods, in this case, Visa and Mastercard credit and debit cards.
The USER declares that by clicking “PAY”, they confirm that the credit/debit card and accounts are theirs.
The user must take into account that credit or debit card payments are usually subject to subsequent checks and authorizations by banks. Therefore, if these do not occur, FUNDACIÓ OTA will not be held responsible for the non-authorization of payment and, consequently, the non-formalization of a contract with the USER.
6.4 BILLING:
Before sending the invoice to the USER, FUNDACIÓ OTA will ask if they prefer to receive it electronically or on paper, based on express consent. In any case, should the user authorize FUNDACIÓ OTA to send them the invoice electronically, they may request it in paper format at any time by sending an email to info@obratutelaragraria.org. In this case, FUNDACIÓ OTA will send the invoice to the indicated postal address.
The USER may revoke the consent granted at any time, without affecting the previous processing carried out by FUNDACIÓ OTA.
6.5 DELIVERY:
The user will receive their order at the address they indicated during the purchase process.
Once the USER has placed the order correctly, and FUNDACIÓ OTA has sent an email confirming receipt of the order within 3 days and a maximum of 30 calendar days, the USER will receive their order at the address indicated. FUNDACIÓ OTA does not deliver on public holidays.
In the event that FUNDACIÓ OTA cannot meet the delivery date, it will inform the USER and offer them the option to continue with or cancel the order and receive a full refund of the price paid.
However, product customization and unforeseen extraordinary circumstances could affect the delivery date.
Once the order has been effectively delivered, the USER will receive an email from the shipping company confirming the delivery of the order: “YOUR ORDER HAS BEEN DELIVERED.”.
6.6 Statutory right of withdrawal:
Only in cases where the purchased product cannot deteriorate or expire rapidly will the USER have the right to withdraw from the contract within a period of 14 calendar days from the material possession of the requested products and receipt of the “SHIPPING CONFIRMATION”, without stating the reason and without incurring any cost; unless the product has been unsealed after delivery, for reasons of health and hygiene protection. FUNDACIÓ OTA will not refund the order if the product can deteriorate or expire rapidly (such as fresh food products), and if it is not sealed and in the same conditions in which it was delivered.
Only in cases where applicable, the right of withdrawal may be exercised in full or in part, within 14 calendar days from taking possession of the product and must be exercised using the form found in ANNEX I or by sending an email to info@obratutelaragraria.org.
In case of effective withdrawal, FUNDACIÓ OTA will refund the USER the total amount paid for goods and shipping, using the same payment method used for the purchase of the products.
7. PRODUCT AVAILABILITY:
All products that FUNDACIÓ OTA markets through its website are subject to availability. In the event that FUNDACIÓ OTA encounters difficulties in supplying its products or they are out of stock, FUNDACIÓ OTA will inform the USER and subsequently refund the amount paid as soon as possible.
8. ERRORS:
In the event that the USER detects any error with their personal data during the purchase process, the USER may correct errors related to the personal data provided during the purchase process by contacting info@obratutelaragraria.org, as well as exercise the right of rectification contemplated in the Privacy Policy through the email info@obratutelaragraria.org.
This web platform displays confirmation windows in various sections of the purchase process that do not allow proceeding with the order if the data in these sections has not been provided correctly. Likewise, we offer the details of all items you have added to your “cart” during the purchase process, so that, before making the payment, the USER can modify their order details or rectify any errors.
If the USER detects any error in their order after the purchase process is completed, they must contact us immediately at info@obratutelaragraria.org to correct the error.
9. IMPOSSIBILITY OF DELIVERY:
The courier company will make two delivery attempts for your order.
If delivery to the address specified at the time of purchase is not possible, the courier company will leave you a note, and the order will be returned to the sender. In this case, the USER will be informed when FUNDACIÓ OTA has the products, and the USER will be offered to have the products sent again, with the USER assuming the transportation costs in any case. If the USER no longer wishes to have the product and it is in optimal condition, FUNDACIÓ OTA may refund the amount paid, but shipping costs will not be refundable.
10. ASSIGNMENT OF RIGHTS AND OBLIGATIONS:
The agreement is binding on both the USER and FUNDACIÓ OTA, as well as on the successors, assigns, and heirs of both parties.
The USER shall not transmit, assign, record, or in any other way transfer a contract or any of the rights or obligations arising from it, without having obtained prior written consent from FUNDACIÓ OTA.
FUNDACIÓ OTA may transmit, assign, record, subcontract, or otherwise transfer a contract or any of the rights or obligations arising from it, at any time during its term.
To avoid any doubt, these transmissions, assignments, encumbrances, or other transfers will not affect the rights that you as a USER have recognized by law, nor will they annul, reduce, or limit in any other way the guarantees, both express and implied, that we may have granted you.
11. FORCE MAJEURE:
FUNDACIÓ OTA will not be responsible for any breach or delay in the fulfillment of any of its obligations, when it is due to events outside of our reasonable control («Force Majeure»).
Force Majeure Events shall include any act, event, non-exercise, omission or accident beyond our reasonable control and, but not limited to, the following:
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension of the deadline for fulfilling these obligations for a period of time equal to the duration of the Force Majeure Event.
FUNDACIÓ OTA will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
12. PARTIAL NULLITY
If any of these Conditions or any provision thereof shall be declared null and void by a final decision rendered by the competent authority, the remaining terms and conditions shall remain in full force and effect, unaffected by such declaration of nullity.
13. FULL AGREEMENT:
These Terms and any document expressly referred to herein constitute the entire agreement between the USER and FUNDACIÓ OTA. They supersede any prior pact, agreement, or promise previously agreed between us, whether verbal or written.
Both parties acknowledge having agreed to enter into a contract without relying on any statement or promise made by the other party, or any statement or writing that could be inferred from the negotiations conducted by both prior to this, except for what is expressly stated in these Conditions.
Neither the USER nor FUNDACIÓ OTA shall have any claim against the other party for any untrue statement made by the other party, whether in writing or orally, prior to the date of a contract (unless such untrue statement was made fraudulently), and the sole remedy of the other party shall be for breach of contract in accordance with these Terms and Conditions.
14. RIGHT OF OTA FOUNDATION TO MODIFY THESE TERMS:
FUNDACIÓ OTA RESERVES THE RIGHT TO REVIEW AND MODIFY THESE TERMS AT ANY TIME.
THE USER is subject to the prevailing Policies and Conditions at the time they use the Website or make each purchase, unless by law or decision of governmental bodies we are required to make retroactive changes to these policies, Conditions, or Privacy Statement, in which case, any changes will also affect purchases they may have made previously.
15. APPLICABLE LEGISLATION AND JURISDICTION:
The use of our web platform and the purchase contracts for products through it shall be governed by Spanish law.
Any controversy arising from or related to the use of the Website or these agreements shall be subject to the non-exclusive jurisdiction of the Spanish Courts and Tribunals, specifically the Courts of Barcelona, unless consumer law dictates otherwise.
In accordance with REGULATION (EU) No 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 on online dispute resolution for consumer disputes, we inform you that you have the right to request an online consumer dispute resolution with us, accessible via the following link, before the European Online Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=es.
16. COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS:
Your comments and suggestions will be well received. We kindly ask you to send us such comments and suggestions, as well as any inquiries, complaints, or claims, via our email info@obratutelaragraria.org or through the “CONTACT” section of the website. https://www.obratutelaragraria.org/es/contact.