General conditions of sale
These General Terms and Conditions of Sale will expressly regulate the relations arising between Forn de sa Plaça Artà S.L. (hereinafter, called "Forn de sa Plaça"), CIF B16601387 - and third parties who acquire products (hereinafter, "the customer" or "the customers", as applicable) through the online store of the official website of Forn de sa Plaça (www.forndesaplaça.com).
The purchase of products through the website to minors under 18 years of age is prohibited.
Forn de sa Plaça reserves the right to modify the commercial offer of the portal (modifications to products, prices, promotions and other commercial and service conditions) at any time, although said modifications will not be applied to any purchasing contract already fulfilled.
The images that illustrate the products do not form part of the contract and may not give rise to any kind of commitment on the part of Forn de sa Plaça.
2. HOW TO MAKE AN ORDER
To place an order at www.forndesaplaça.com the customer has to select the products that he wants to buy, and they will be added to the virtual shopping cart.
Prior to completion of the purchasing process, which is divided into 5 steps:
1st step: Summary
All information concerning the order is displayed: selected products, units (the number of units can be increased or decreased, or the product can be deleted from the order), unit price, total price of the units with or without taxes, and the total tax payable.
2nd step: Log in
3rd step: Address
Here the delivery address and billing address may be selected, or a new address added.
4th step: Transportation
A choice is offered between a number of forms of transport or store collection, depending on the client's place of residence.
5th step: Payment
This part of the site displays the total spend price, including the total products ordered with shipping costs, both with VAT included.
Payment is concluded by selecting the payment method and entering the necessary data.
The customer may enter an address for billing purposes other than the delivery address for the products.
The formalization of acquisition of products offered by Forn de sa Plaça occurs at the moment when the payment is made and Forn de sa Plaça has proof of "Accepted Payment", the customer having chosen one of the different payment methods that appears at the bottom of the page where the purchase form appears, having expressly indicated prior acceptance of these General Conditions of Sale, without any subsequent changes that may occur in the clauses of the General Sales Conditions being applicable.
From the moment of acceptance, the user acquires the status of Forn de sa Plaça customer described in these General Conditions of Sale. Any product subsequently offered by Forn de sa Plaça must be re-ordered.
If the customer wishes to read the General Conditions of Sale in more detail, he is able to print them out on paper or save the document in electronic format.
Forn de sa Plaça will send to the customer, once the present General Conditions of Sale are expressly accepted, confirmation of the purchase effected, with all contractual terms, through electronic mail or equivalent means of electronic communication, before the order is fulfilled within 24 hours of purchase.
Forn de sa Plaça hereby declares that it files the electronic documents in which the purchase is formalized, to which the customer has access at any time by requesting them via the email address info@forndesaplaça.com
In the event that the customer makes an error during the purchasing process, he / she may correct it at any time before finalizing the same by sending a request to the email address administracio@forndesaplaça.com. Otherwise, the customer must wait for delivery to be effective and then initiate the appropriate return procedures.
3. SHOPPING CART
In the virtual shopping cart, Forn de sa Plaça provides all the information concerning the order: selected products, units (offering the possibility of increasing, decreasing or deleting them from here), unit price in euros and total price. Once the order in the shopping cart is accepted, the payment process can be accessed.
In particular, the total price to be paid for the products, including taxes, duties and shipping costs, will be communicated to the customer before completion of the purchase process on the "Cart" screen.
4. FORMS OF PAYMENT
Orders placed on www.forndesaplaça.com can be paid for via the diferents options you can found on the website.
Forn de sa Plaça does not have access to the banking information of its customers.
5. PRICE AND AVAILABILITY OF PRODUCTS
A purchase is not final until it is accepted by Forn de sa Plaça. Forn de sa Plaça reserves the right of acceptance and cancellation of any order, being able to return the amount paid by the customer and being exempt from any other obligation.
Orders will be handled in strict order of receipt in accordance with Article 9 of the Spanish Retail Trade Law.
If the stock of a requested product is exhausted, the customer will be informed and similar products of equal or greater value will be offered to him than those he had requested, or the price of the products will be refunded, according to the customer's choice.
The invoice will be sent by email to the e-mail address provided by the customer at the time of placing the order, and by the latest, at the time of delivery of the product.
The language in which the contract between Forn de sa Plaça and the customer is made will be Spanish, as well as English for sales made outside the territory of Spain. In any case of discrepancy between the texts, the Spanish version will prevail.
8. PRODUCT DELIVERY
No product will be sent by Forn de sa Plaça until it has been verified that payment has been made.
Delivery of the products will be attempted within the approximate delivery period indicated to the customer before the end of the purchase process on the "Cart" screen and, in any event, within a maximum period of 30 days.
The delivery shall be understood to have been made within the aforementioned period provided that it has been attempted at least once at the place and at the times indicated by the customer in the purchase process for the delivery of the products.
Forn de sa Plaça delivers in: the Spanish territory (excluding Ceuta, Melilla and the Canary Islands), in mainland France, the United Kingdom (except Scottish Offshore Islands, Isle of Man, Channel Isles, Aberdeen, Peterhead, Shetland and Orkney and the Western Isles), Ireland, Belgium, Luxembourg, Monaco, Italy, Germany, Slovakia. In the case of delivery to customs destinations, Forn de sa Plaça will not be responsible for the expenses incurred at customs.
If a delivery is delayed more than 5 working days in respect of the aforementioned period, Forn de sa Plaça will contact the customer to inform them and give them the option to cancel the order, and have their money refunded immediately through the withdrawal of the charge to their bank card, the method used to make the payment.
On Saturdays, Sundays and Public Holidays there will be no delivery service and they will be treated as non-working days.
In cases where it is not possible to supply one or more products in an order that includes additional products that can be supplied, Forn de sa Plaça will proceed to the full refund of the amounts paid, including the shipping costs, corresponding to the products not available, but retain the amounts corresponding to the products that can be supplied, as well as the shipping costs associated with the delivery of the latter.
In the event that it is not possible to supply any of the products that are part of a series of products offered jointly, it will be considered that all of the products can not be supplied and, consequently, Forn de sa Plaça will proceed to the full refund of the price, as well as the corresponding shipping costs.
The resale to third parties of the products purchased through www.forndesaplaça.com is totally forbidden.
When dealing with food products, returns are only accepted if the product in question is not in a condition fit for consumption, as long as the client communicates this fact within the first 14 calendar days (Saturdays, Sundays and Public Holidays included) from its reception. In this event, Forn de sa Plaça will verify that this is the case. After 14 days no returns will be accepted.
To exercise this right of return, you must communicate by e-mail to the address administracio@forndesaplaça.com before the end of the period indicated above and indicating your order number, reference and serial number of the products to be returned, following the instructions received through our Customer Service Team.
All merchandise must be returned in perfect condition, with its original packaging in perfect condition and with all its accessories, as originally received. Forn de sa Plaça does not accept returned products where half the product has been tried, or where the packaging is in poor condition due to incorrect use.
For the return of products, the following procedure must be followed:
1. During the 14 days following the reception of the order, the customer must send a photograph showing the problem with the products received (erroneous order, products in poor condition, etc) to administracio@forndesaplaça.com writing in the word "incidencia" and indicating at all times the order number and a list of products that were part of it.
2. Once the return request has been received, the Customer Service Team will contact the customer within a maximum of 72 hours of working days (Public Holidays, Saturdays and Sundays not included), to coordinate the return. In each case, the Customer Service representative will indicate the procedure to be followed for the collection or delivery of the products to be returned. This procedure will depend on the location in which the customer resides.
The transportation costs originated by the return will be borne by the customer.
Once the perfect condition of the merchandise has been ascertained, our Customer Service Team will contact the customer who will be able to decide whether he wants new products sent or the amounts involved refunded (product price + shipping costs); the latter will be returned to the customer before the end of the course of the term of 14 calendar days from the request, using the same means of payment employed by the customer for the purchase.
The right of return will not proceed in the following cases:
-In the case of goods that may deteriorate or expire quickly.
-In the case of sealed goods that are not suitable for return for reasons of health or hygiene and that have been unsealed after delivery.
-In the case of goods that after their delivery and taking into account their nature have been mixed inseparably with other goods.
Unless proven otherwise, it will be understood that the products are in accordance with the contract provided they meet all the requirements that are expressed below, except where due to the circumstances of the specific case, any of them is not applicable:
a) They conform to the description given on the website of Forn de sa Plaça.
b) They are suitable for the uses to which products of the same type are ordinarily destined and present the usual quality and benefits of a product with similar characteristics that the customer could reasonably expect, taking into account the nature of the products.
c) They are suitable for any special use required by the customer when he has informed Forn de sa Plaça at the time of entering into the contract, provided that Forn de sa Plaça has admitted that the product is suitable for such use.
In cases of proven discrepancy between the product and the contract, Forn de sa Plaça will proceed - in any particular case and as appropriate - to repair, replacement, price reduction or termination of the contract, in accordance with the provisions of clause 11 below.
Forn de sa Plaça offers customers guarantees on the products sold through the website www.forndesaplaça.com, on the terms legally established for each type of product, responding, therefore, to the lack of conformity of the same.
In this sense, if any of the products is not in accordance with the contract, the customer may choose between requiring its repair or replacement, unless one of these two options is objectively impossible or disproportionate.
For the appropriate purposes, it will be understood that the products are in accordance with the contract when they comply with the requirements established in clause 10 above.
If the repair is completed and the product is delivered but is still not in accordance with the contract, the customer may demand the replacement of the product (unless this option is disproportionate), a price reduction or the termination of the contract.
Equally, if the replacement fails to bring the product into conformity with the contract, the customer may choose between requiring the repair of the product (unless this option is disproportionate), a price reduction or the termination of the contract.
In cases where the repair or replacement of the product is not possible, the customer may choose between requesting a price reduction or termination of the contract, unless the lack of conformity is of minor importance.
Notwithstanding the foregoing, the warranty will not be valid if there are failures in or damage to the products due to improper handling or lack of maintenance or care contrary to the manufacturer's instructions for use.
For the appropriate purposes it is hereby stated that, in order to effect, on the part of the customer, the rights of this clause, it will be necessary to present the corresponding invoice.
Equally, it is hereby stated that in the event that the producer or manufacturer offers a commercial guarantee in addition to the legal guarantee, regulated in this clause, Forn de sa Plaça will not be liable for the fulfillment of this additional guarantee by the manufacturer or producer. Therefore, it must be directly requested by the customer directly to them.
12. AFTER-SALES SERVICE
For any query, incident, complaint or claim after the purchase of the products, Forn de sa Plaça places a customer Service Team at the customer's at the email administracio@forndesaplaça.com.
The client can request proofs and documents related to his claim, which will be attended to in the shortest possible time and, in any case, within a maximum period of one month, requesting by email the proof of his written correspondence with the Customer Service Team, with the reference code of his claim, which will be the same as the reference code of his order (the order reference being unique) and sending the request to administracio@forndesaplaça.com
Any communication that Forn de sa Plaça makes to customers, including communications related to the purchase of products, will be made using the contact data (e-mail, telephone and / or address) that they provide in the registration form.
14. CUSTOMER´S RESPONSIBILITY
The customer undertakes to make lawful use of the products offered by Forn de sa Plaça, without contravening current legislation, nor damaging the rights and interests of third parties.
The customer guarantees the veracity and accuracy of the data provided when filling in the contract forms, avoiding the causing of damage due to any error in the same.
Failure to comply with any of these General Conditions of Sale may result in the withdrawal or cancellation of the products ordered or purchased by the customer by Forn de sa Plaça without prior notice to the customer and without giving any rise to compensation.
15. PROTECTION OF PERSONAL DATA
16. CONFLICT RESOLUTION
This contract will be interpreted and governed in accordance with Spanish legislation.
In the event that any conflict or discrepancy arises in the interpretation or application of these General Conditions of Sale, the Courts and Tribunals that, as the case may be, will be informed of the matter, will be those of competent jurisdiction as established by the applicable legal regulations, in the case of final consumers, situated in the place of fulfillment of the obligation, or in the domicile of the purchasing party.
In the case that it is a purchase and sale made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Palma de Mallorca (Balearic Islands)
17. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
Forn de sa Plaça will inform customers by email or notices on www.forndesaplaça.com of any changes made to these General Conditions of Sale. The sale of new products through this same platform will constitute recognition and acceptance of any such modifications.
These modifications will be reflected in this document, which the user can access at any time from the website section "General Conditions of Sale".
18. SAFEGUARDING CLAUSE
The ineffectiveness of any one of these clauses will not affect the others. Any ineffective clauses will be replaced, where appropriate, by others whose content allows the economic purpose intended by those declared ineffective to be achieved.