1. Purpose and scope of application.
These General Terms and Conditions of Sale in Spain are strictly applicable to all of the product sales of ORIGEN NATURE which are carried out by JAVIER GARCIA SERRANO as proprietor of the brand, as well as the rest of the associated services thereof, carried out within mainland Spain, which accordingly excludes the Balearic Islands, Ceuta, Melilla and the Canary Islands as well as the rest of Europe. Notwithstanding the foregoing, products may be shipped to the aforementioned excluded territories, however subject to specific negotiation.
The products are to be marketed and sold both to natural persons as well as legal persons, such as, for example, distributors of gourmet products or food stores.
2. Intellectual and industrial property.
The source code, graphic designs, images, photographs, sounds, animations, software, texts, as well as the information and content which are provided for within the web portal web of ORIGEN NATURE constitute the exclusive property of the owner of the web page or of third parties, in respect of which the owner of the web page holds legitimate rights, and are accordingly protected by Spanish and international intellectual and industrial property legislation.
Under no circumstances whatsoever shall any licence whatsoever deemed to be granted or any waiver, transfer, total or partial assignment of said rights be deemed to be effected, or any right or legitimate expectation be deemed to exist, and in particular, in respect of the modification, use, reproduction, distribution or public communication of said content, without the prior express authorisation of ORIGEN NATURE.
The user, solely and exclusively, may use the material which is contained on this web site for his/her personal and private use, which must not be used for commercial purposes or in order to carry out unlawful acts. ORIGEN NATURE shall enforce the strict compliance of the preceding terms and conditions as well as the proper use of the content available on its web pages, through the exercise of the civil and criminal legal actions which are available thereto in the event of any breach or non-compliance of the foregoing rights by the user.
3. Obligations of clients and users.
All users of the web portal hereby undertakes to use the Services in a diligent and correct manner, as well as to comply with the special disclaimers or instructions for use contained in the terms and conditions of use. In particular, by way of illustration, however not limited to, the user hereby undertakes to:
a) Provide accurate information regarding the particulars requested in the user registration form or the order form, and to keep said information up to date.
b) Not enter, store or disseminate information or material which would breach fundamental rights, public freedoms, or which would constitute defamation, or which would breach any rights to privacy or reputation of any third parties and in general which would breach applicable legislation.
c) Not to include, store or disseminate by means of the store any program, data, virus, code, or any other electronic or physical device whatsoever which may be likely to cause losses or damages to the web portal, to any of the services, or to any of the equipment, systems or networks of ORIGEN NATURE, of any other user, of any suppliers of ORIGEN NATURE or generally speaking of any third party whatsoever.
d) Not to use false identities, or to supplant the identity of other persons in the registration or contracting of products through the online store.
Finally, and in particular, the user that effects a purchase through the web portal hereby undertakes to facilitate the receipt of the ordered product by means of the provision of an address where the ordered product may be delivered within standard merchandise delivery times. In the case of any breach by the client of the foregoing obligation, ORIGEN NATURE shall not be held liable by reason of the impossibility of the delivery of the ordered product.
Users shall be held liable for any losses and damages of any nature whatsoever which ORIGEN NATURE may incur by reason or as a result of any breach of the aforementioned obligations, as well as of any other obligations included in these General Terms and Conditions and/or the obligations provided for under applicable legislation regarding the use of web sites.
ORIGEN NATURE shall enforce all rights whatsoever provided for under applicable legislation, and hereby reserves the right to update the content when it deems necessary, and to delete, limit or prevent access to said content, either on a temporary or definitive basis, and to refuse access to the web site to any users that incorrectly or improperly uses said content and/or that breaches any of these General Terms and Conditions.
4. Methods of payment and placing of orders.
After the user has selected all of the articles which he/she intends to purchase, the articles shall have been added to the shopping cart, and the user must then place the order and effect payment thereof. In respect thereof, the following procedure shall be followed:
- Click on the “Confirm Cart” button.
- Complete and confirm the contact information, the product order information, the shipping address of the order/invoice
- Select the method of payment from among of the options and click on “Validate information and place order”.
- Click on the “See Cart” button on the top of the page.
- Thereafter, if it is necessary, depending upon the selected method of payment, the user shall be redirected to a secure payment page through which the payment shall be completed, in accordance with the selected criteria.
- After the payment has been completed and verified, the order shall be confirmed by way of email.
The user may effect payment by means of bank transfer, cash on delivery, PAYPAL,or by way of any of the credit cards accepted from time to time:
If the payment is effected by means of bank transfer, the user must effect payment into the following bank account ES08-3190-0045-3041-5104-1029, and must forward a copy of the payment confirmation to email address: firstname.lastname@example.org.
In the event that the user decides to effect the payment by means of credit card or via PAYPAL, in order to minimise the risk of unauthorised access, the user shall be redirected to an external secure payment environment provided by the banking institutions which are responsible for the payment with use of appropriate technologies, such as Verisign or similar programs in order to ensure that the payment is effected in a secure manner.
The credit cards shall be subject to verifications and authorisations by the issuer institution thereof, and accordingly if the corresponding banking institution does not authorise payment, ORIGEN NATURE shall not be held liable for the cancellation of the order or the failure to deliver the order and the contract with the user shall be deemed not to have been formalised.
The prices and offers displayed on the online store are valid for the orders placed directly through the web. The validation of the order by the user represents the express acceptance and understanding of these General Terms and Conditions as part of the formalisation of the contract. Unless otherwise stated, the information registered by ORIGEN NATURE constitutes the complete information regarding the transactions effected between ORIGEN NATURE and the client user.
After the order has been placed and as soon as possible after the confirmation thereof, a purchase order confirmation shall be sent to the user by email. In the user does not agree with the information set out in said confirmation, within the maximum period of 24 hours thereafter, the client must request the modification thereof or the annulation of the contract through the following email address: email@example.com.
5. Availability of the products.
The offered products may be subject to joint terms and conditions of sale, and it may not be possible to purchase single items but rather items which are packaged together as indivisible products.
On the other hand, the selection of products offered by ORIGEN NATURE shall be subject to available stock limits. If the merchandise is held in stock, the maximum delivery period shall be 5 business days (from Monday to Friday) as ORIGEN NATURE does not carry out shipments on public holidays, Saturdays or Sundays.
The aforementioned shipment periods are understood to be orientative and orders shall only be shipped to valid addresses within Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. In the case of any stock shortage or temporary unavailability of an article, ORIGEN NATURE shall immediately contact the user to notify of the new delivery period. In the case that it were impossible to provide the ordered product, the order shall be cancelled, and the client shall be offered, if possible, another product of similar characteristics.
ORIGEN NATURE hereby reserves the right to modify the prices of the articles offered on the web, as well as to decide from time to time which products are displayed and offered to users through the web, any may include new products in addition to the products which already exist, and said products shall be governed, unless stated otherwise, by the provisions of the General Terms and Conditions in force from time to time.
6. Prices, expenses and delivery periods.
All of the products offered on the web site shall be displayed together with their price and characteristics, and prior to the completion of the order any possible shipment and management costs shall be displayed.
The shipment costs shall vary depending upon the order which is placed and depending upon the number of boxes of products which are purchased. The prices of the products are set out on the corresponding page of each product at the time of purchase.
The aforementioned prices include VAT however do not include the shipment costs which represent an increase of 9 euros per shipment. For orders amounting to €120 or more, in which case the shipment is free of charge.
|Order volume||Total cost of the shipment (Iberian peninsula and the Balearic Islands)|
|Less than €120||€ 9|
|€120 or more||Free|
The products shall be shipped to the delivery address stated in the order. In the case that an order is placed for several articles which are subject to different stock availabilities, the delivery period thereof shall take into account the longest expected delivery period. Notwithstanding the foregoing, ORIGEN NATURE hereby reserves the right to separate the order, thereby offering the client with the option of the shipment of the available articles with the other articles being delivered separately by way of subsequent shipment. In this situation, the client shall be notified of the additional costs which, as the case may be, may be applicable to the subsequent shipment.
On the other hand, the shipping expenses set out under this section are exclusively for mainland Spain. Accordingly, the shipment of products to other territories, such as, for example, the Balearic Islands, Ceuta, Melilla, the Canary Islands and the rest of Europe shall be subject to prior negotiation by means of established channels or via email address: firstname.lastname@example.org
7. Right of cancellation, changes and devolutions.
If the client is not completely satisfied he/she may effect the devolution or request the change of the product and exercise his/her rights of cancellation of the purchase effected through the online store during the 14 business days following the receipt of the order, provided that the following terms and conditions are satisfied:
a) The product has not been opened, given that, by reason of the nature of the products and for health and hygiene protection reasons products which have been opened subsequent to delivery cannot be returned.
b) The client must be a consumer pursuant to Spanish and European legislation regarding rights of consumers and users.
c) If the ordered product satisfies the provisions of the foregoing paragraphs and is not completely satisfactory to the client: The client shall return the product by means of the return shipment thereof at the client’s cost and expense. After the correct receipt of the returned product has been verified, ORIGEN NATURE shall return to the client the amount which had been paid thereby.
d) In any event if the product is defective: The client must return the product to ORIGEN NATURE at the client’s cost and expense. After ORIGEN NATURE has received the defective product and has verified the defect thereof, the product shall be replaced and re-shipped to the client. In this case, the change shall be carried out for the same article or reference code. Only the initial shipment shall be invoiced, and ORIGEN NATURE shall be liable for the shipping costs which correspond to the devolution and the subsequent shipment.
e) Product which, by error, does not correspond to the ordered product: The provisions of the foregoing paragraph shall be applicable and after the error has been verified the correct product shall be shipped. ORIGEN NATURE shall be liable for the shipping costs of the erroneous product and for the delivery costs of the product which corresponds to the placed order.
If ORIGEN NATURE determines that neither the devolution nor the change of the delivered product nor the reimbursement of the amount paid is applicable, ORIGEN NATURE shall notify the client thereof, which may exercise his/her corresponding rights. In said situation, the returned product shall remain available to the client to be uplifted or shipped thereby during the period of one month. After said period has elapsed, without the product having been uplifted or shipped, the product shall be deemed to be abandoned, for all legal effects and purposes.
To carry out the devolution or the exercise of the right of cancellation, the client shall contact ORIGEN NATURE so that, by means of courier service, the client may uplift the duly packaged products and which shall include together with the original invoice, the form attached to each order called “product return sheet”. The article to be returned must be correctly packaged for devolution together with all of the instructions for use and any other accessories thereof.
In order to avoid confusions, we recommend that all users open the package while the transportation company’s agent is present, in order to verify the state of the delivery.
8. Product warranties.
The warranty period for the products is that of two years, although said period shall not include deficiencies caused by negligence, impacts, incorrect use or improper handling, incorrect installations, etc., or products which have suffered normal wear and tear by reason of the use thereof.
9. Reimbursement of the amounts paid.
The reimbursements, as the case may be, shall be effected through the same method of payment which was used for the order. In the event that payment had been effected by cash on delivery, ORIGEN NATURE shall request valid bank account details from the client in order to effect payment.
ORIGEN NATURE shall not reimburse any amounts or effect any re-shipments of merchandise until the receipt or change of the product has been verified in our warehouse. The price to be reimbursed is that which was originally paid for the order, except the devolution expenses, which shall only be returned in the event that ORIGEN NATURE is responsible for the cause of the devolution of the product. After the correct state of the returned product has been verified, ORIGEN NATURE shall reimburse the amount thereof to the client within the maximum period of 30 days after the date of cancellation or termination of the contract.
10. Applicable legislation. Jurisdiction.
For the resolution of any dispute in relation to the acquisition of products, the provisions of Spanish legislation shall be applicable thereto, and in the case of conflict, both parties hereby agree to submit themselves to the jurisdiction of the user provided that the user constitutes a consumer pursuant to Royal Legislative Decree 1/2007, of 16 November, which approved the consolidated text of the General Consumers and Users Protection Act together with other complementary legislation. Alternatively, the resolution of disputes shall be carried out by way of submission to the jurisdiction of the Courts and Tribunals of the city of Valencia.
These General Terms and Conditions are valid as at 12 May 2014.