Terms and Conditions

GENERAL CONTRACTING CONDITIONS

 

 

Introduction

This contractual document will govern the General Conditions of Contract for the purchase of food products, (hereinafter the “Conditions”), through the website vecinomarket.es, property of JULIUS COMMERCE IBÉRICA, (hereinafter the “PROVIDER”).

These Conditions will remain published on the website for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, since those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formalities, except in cases expressly regulated in the Civil Code, the Commercial Code and in any applicable regulations and special laws.

Acceptance of this document implies that the USER:

  • You have read, understood and comprehend what is stated herein.
  • A person with sufficient capacity to enter into contracts.
  • Assume all obligations set forth herein.

These Conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that it is aware of the current legislation and reserves the right to unilaterally modify the Conditions, without this affecting the goods or promotions that were acquired prior to the modification.

Information about the owner of the website

The company that owns this website (vecinosmarket.es) is Julius Commerce Ibérica, a Spanish entity, with registered office at 28020 Madrid, Avenida de Brasil 17, and with Tax Identification Number B88495346.

Identity of the contracting parties

On the one hand, JULIUS COMMERCE IBÉRICA, PROVIDER of the services contracted by the USER, with registered office at Avenida de Brasil 17 - 28020 Madrid and NIF B88495346.

On the other hand, the USER, recipient of the services offered by the PROVIDER, may access them as a guest or by registering on the website using a username and password. In any case, the USER is fully responsible for the use and custody of this information and the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER, at the time when the USER checks the corresponding acceptance box during the online contracting process.

The contractual relationship of sale involves the delivery, in exchange for a price determined and publicly displayed on this website, of food products.

Contracting procedure

In order to access the purchase of the products offered by the PROVIDER, the USER must be of legal age and must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the Protection of Personal Data and the guarantee of digital rights, as detailed in the Legal Notice and Privacy Policy of this website.

The USER may register on the website using a username and password, agreeing to make diligent use of these data and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that immediate blocking can be carried out.

In accordance with the provisions of article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will be governed by the provisions of the information detailed below:

  1. General contracting clauses.
     2. Shipping and delivery of orders.
    3. Right of withdrawal and return.
     4. Claims and dispute resolution online.
     5. Force majeure.
     6. Assignment of rights, responsibilities and obligations.
     7. General information about the offer.
     8. Price and validity period of the offer.
     9. Order shipping costs.
     10. Payment methods and security measures.
    11. Purchasing process.
     12. Dissociation and suspension or termination of the contract.
     13. Applicable law and jurisdiction.
  2. Codes of ethics and conduct.

  1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these General Terms and Conditions of Contract and the PROVIDER's Privacy Policy. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.


  1.  SHIPPING AND DELIVERY OF ORDERS

The PROVIDER offers the delivery service within Spanish territory (excluding the Canary Islands, Ceuta and Melilla) within the delivery period of orders of between 2 and 3 working days depending on the destination city and the chosen payment method. It is understood that this period may be met provided that the availability of the merchandise has been confirmed, full payment of the order has been verified and that there is no cause of force majeure. Delivery may be delayed during holiday periods.

In the event that the PROVIDER has not delivered the merchandise after 30 calendar days from the agreed delivery date, due to lack of availability of the product or service, the USER will be informed and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, without any liability for damages attributable to the PROVIDER.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place as a result of the data provided by the USER being false, inaccurate or incomplete.

Delivery will be considered to have been made when the carrier has made the products available to the USER and the latter, or the person delegated by the latter, has signed the delivery receipt document.

It is the USER's responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

  1. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be attended to as soon as possible and can be made at the following contact addresses:

Postcard: JULIUS COMMERCE IBÉRICA, Avenida de Brasil, 17 - 28020 Madrid E-mail: hola@vecinosmarket.es

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

  1. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.


  1. ASSIGNMENT OF RIGHTS, RESPONSIBILITIES AND OBLIGATIONS

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these Conditions is deemed void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, know and accept these General Contract Conditions in their entirety.


  1.  GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of JULIUS COMMERCE IBÉRICA or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER. In this case, these particular agreements shall prevail.

The PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, provided that this does not affect the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.

  1. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services attached to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the products may vary in real time.

Before making a purchase, the USER may check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.

Once the order is placed, prices will remain the same whether the products are available or not.

Any payment made to the PROVIDER entails the issuance of a sales document (receipt) in the name of the USER. If the USER wants an invoice, he/she must notify this at the end of the purchase process, by sending an email to hola@vecinosmarket.es indicating the tax details and the order number for the creation of the invoice. The sales document (receipt) and the invoice will be sent by email in PDF format to the address indicated by the USER.

For any information about the order, the USER may contact us via email at hola@vecinosmarket.es

  1. ORDER SHIPPING COSTS

Product prices do not include shipping costs or additional services, unless otherwise expressly agreed in writing.

The shipping costs of the order will be calculated at the time of saving the basket or quote taking into account the total amount of the products and the delivery address.

  1. PAYMENT METHODS AND SECURITY MEASURES

The PROVIDER is responsible for the financial transactions and enables the following methods for making payment for an order:

  • Credit or debit card

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data to carry out the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is illegal or that is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder.

  1. PURCHASE PROCESS

Any product from the catalogue can be added to the basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The basket has no administrative link, it is only a section where you can simulate a budget without any commitment on either side.

From the basket you can place an order by following the steps below for its correct formalization:

  • Items, quantity, price and total amount are confirmed (excluding shipping costs which will be calculated once shipping details are completed)
  • The "contact" and "shipping address" details are completed.
  • Shipping costs are confirmed
  • Payment method and billing address are selected
  • The transaction is carried out and therefore the order is confirmed .

Once the order has been processed, the system will instantly send an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order, its status and the approximate shipping and/or delivery date.

  1. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.





  1. APPLICABLE LAW AND JURISDICTION

These Conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly stated. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise regarding the provision of the services subject to these Conditions.

In the event that the USER resides outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, see clause “4. ONLINE CLAIMS AND DISPUTE RESOLUTION” of these Conditions.