E-commerce (products)

GENERAL TERMS AND CONDITIONS OF CONTRACT

Introduction

This contractual document governs the General Terms and Conditions for the purchase of products (hereinafter, the “Conditions”) through the website coperello.es, owned by COOPERATIVA SANT ISIDRE DEL PERELLO, operating under the trade name COOPERATIVA SANT ISIDRE DEL PERELLO, hereinafter referred to as the PROVIDER, whose details are also included in the Legal Notice of this Website.

These Conditions must remain published on the website and available to the USER so they can reproduce and save them as confirmation of the contract, and they may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, as the applicable Conditions are those in force at the time orders are placed.

Contracts are not subject to any formal requirements, except in cases expressly stated in the Civil and Commercial Codes and in this law or in other specific laws.

Acceptance of this document implies that the USER:
-Has read, understands, and comprehends what is stated herein.
-Is a person with sufficient legal capacity to enter into a contract.
-Assumes all the obligations set forth herein.

These obligations shall remain in force for an indefinite period and shall apply to all contracts entered into through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible for and aware of the current legislation of the countries to which the products are shipped, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is COOPERATIVA SANT ISIDRE DEL PERELLO, with registered office at AV 11 DE SETEMBRE, S/N – 43519 EL PERELLO (Tarragona), Tax ID F43012129 and customer/USER service phone number 977490037.

On the other hand, the USER, registered on the website through a username and password, for which they have full responsibility for use and safekeeping, and is responsible for the accuracy of the personal data provided to the PROVIDER.

Subject of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship arising between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process. The contractual purchase and sale relationship entails the delivery, in exchange for a specified price publicly displayed on the website, of a specific service.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age and must register through the website by creating a user account. To do so, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.

The USER must choose a username and password and undertakes to use them diligently and not make them available to third parties, as well as to inform the PROVIDER of any loss or theft of the data or possible access by an unauthorized third party, so that it can be blocked immediately.

Once the user account has been created, it is hereby informed that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General terms and conditions of contracting
2. Shipping and delivery of orders
3. Right of withdrawal
4. Complaints and online dispute resolution
5. Force majeure
6. Jurisdiction
7. General terms of the offer
8. Price and validity period of the offer
9. Shipping costs
10. Payment method, fees, and discounts
11. Purchase process
12. Severability and suspension or termination of the contract
13. Guarantees and returns
14. Applicable law and jurisdiction

1. GENERAL TERMS AND CONDITIONS OF CONTRACTING

Unless there is a specific written agreement, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No provision 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.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until it has verified that payment has been made.

Shipments of goods will normally be carried out through EXPRESS COURIER services (POSTAL EXPRESS, SEUR, UPS, STD, etc.), depending on the destination freely chosen by the USER.

The delivery period is between 2 and 6 working days, depending on the destination location and the chosen payment method. This period shall apply provided that the availability of the goods has been confirmed and the full payment of the order has been verified.

Failure to perform the distance contract (Order cancellation)

In the event that the contract cannot be performed because the contracted product or service is not available within the expected period, the USER must be informed of the lack of availability and shall be entitled to cancel the order and receive a full refund of the amount paid at no cost, without any liability for damages attributable to the PROVIDER arising from this.

In the event of an unjustified delay by the PROVIDER in refunding the full amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for any damages and losses suffered that exceed this amount.

The PROVIDER shall not assume any responsibility if the delivery of the product or service is not completed due to the data provided by the USER being false, inaccurate, or incomplete.

Delivery shall be considered completed at the moment when the carrier has made the products available to the USER and the USER, or their authorized representative, has signed the delivery receipt document.

It is the USER’s responsibility to verify the products upon receipt and to state any warnings and claims that may be justified on the delivery receipt document.

In the event that the contract does not involve the physical delivery of any product, but rather the activation of a download on a website, the PROVIDER must inform the USER in advance about the procedure to follow in order to carry out such download.

3. RIGHT OF WITHDRAWAL

Download withdrawal form

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the formalization of the purchase contract in the case of the provision of a service, to exercise the right of withdrawal. If the PROVIDER fails to comply with the duty to provide information and documentation regarding the right of withdrawal, the period for exercising this right shall expire twelve months after the date of expiry of the initial withdrawal period (Article 71 of Law 3/2014, of 27 March). The right of withdrawal cannot be applied in the following cases:

1. If the product is not presented in perfect condition.
2. If the product packaging is not original or is not in perfect condition, the PROVIDER may charge the cost of the packaging. The original packaging must protect the product so that it is received in perfect condition, and it is prohibited to apply seals or adhesive tapes directly to it in order to avoid replacement costs.
3. When the product has been opened and it cannot be proven that it has not been used.
4. In software applications that are downloaded directly through the portal or that are unsealed by the USER after their physical delivery.
5. When dealing with customized products or products which, for reasons of hygiene or other legally established exceptions provided for in Article 103 of Law 3/2014 of 27 March.
6. In the supply of products whose price depends on fluctuations in the financial market that the PROVIDER cannot control and which may occur during the withdrawal period.
7. In the supply of products made according to the USER’s specifications or clearly personalized.
8. In the supply of products that may deteriorate or expire quickly.
9. The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
10. The supply of goods that, after delivery and due to their nature, have become inseparably mixed with other goods.
11. Contracts in which the consumer and user has specifically requested the trader to visit them in order to carry out urgent repairs or maintenance operations; during this visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations. The right of withdrawal shall apply to these additional services or goods.

The right of withdrawal shall apply to these additional services or goods. Any return must be communicated to the PROVIDER by requesting a return number through the form provided for this purpose, or by email to agrobotigacoperello@gmail.com, indicating the corresponding invoice or order number.

In the event that the return is not made using the original delivery packaging, the PROVIDER may charge the USER the cost of such packaging, informing them of this in advance through the same communication channel used.

Once the USER has received the return number, they must send the product to the PROVIDER, indicating this number on the shipping note, with the transport costs at their own expense, to the address of COOPERATIVA SANT ISIDRE DEL PERELLO, AV 11 DE SETEMBRE, S/N – 43519 EL PERELLO (Tarragona).

In the event of a refund, it will be made by bank transfer using the details provided by the customer.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER considers appropriate will be dealt with as soon as possible. Complaints may be submitted through the following contact details:
Postal address: COOPERATIVA SANT ISIDRE DEL PERELLO, AV 11 DE SETEMBRE, S/N – 43519 EL PERELLO (Tarragona)
Telephone: 977490037
Email: agrobotigacoperello@gmail.com

5. FORCE MAJEURE

The parties shall not be held responsible for any failure caused by force majeure. The performance of the obligation shall be postponed until the force majeure event ceases.

6. JURISDICTION

The USER is prohibited from assigning, transferring, or transmitting the rights, responsibilities, and obligations contracted in the sale.

If any provision of these conditions is considered null or impossible to comply with, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, nor shall they undergo any modification.

The USER declares that they have read, understood, and accepted these Conditions in their entirety.

7. GENERAL TERMS OF THE OFFER

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

No modification, alteration, or agreement contrary to the Commercial Proposal of COOPERATIVA SANT ISIDRE DEL PERELLO or to the provisions established herein shall have any effect, unless there is an express written agreement signed by the PROVIDER. In such case, these particular agreements shall prevail.

Thanks to constant technical advances and product improvements, the PROVIDER reserves the right to modify their specifications with respect to the information provided in advertising, provided that this does not affect the value of the products offered. Likewise, these modifications shall be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or any other taxes that may be applicable. Unless expressly stated otherwise, these taxes do not include shipping or communication costs, handling, packaging, shipping insurance, or any other additional service related to the purchased product.

The prices applied to each product are those published on the website and are expressed in the EURO currency. The USER acknowledges that the economic valuation of some products may vary in real time.

Before making the purchase, the USER will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes, and the total amount of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, the prices shall remain unchanged, regardless of whether the products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. This invoice shall be sent in paper format together with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel through the user account. If the USER wishes to receive it by email, they must request it through any of the means provided by the PROVIDER, being informed that they may revoke this decision at any time.

For any information regarding the order, the USER may contact the PROVIDER through the customer service telephone number 977490037 or by email at agrobotigacoperello@gmail.com.

9. TRANSPORT COSTS

The prices published in the store do not include shipping or communication costs, nor installation or download costs, or additional services, unless expressly agreed otherwise in writing.

The shipping costs will be calculated when the cart or quotation is saved, as they are calculated based on the weight of the products and the delivery address.

The maximum transport fee applied (VAT included) is as follows: €7.50 per shipment.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and provides the following payment method for placing an order: Credit card.

Security measures

The website uses generally accepted information security techniques in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data for the purposes of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is illegal or that is considered by credit card brands or the acquiring bank to have the potential to damage or negatively affect their goodwill.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not fully compliant with all applicable laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.

11. PURCHASE PROCESS

Any product from our catalogue can be added to the cart. In the cart, only the items, quantity, price, and total amount are displayed. Once the cart has been saved, taxes, charges, and discounts are calculated according to the payment and shipping details entered.

Carts have no administrative connection; they are only a section where a quotation can be simulated without any commitment for either party.

From the cart, an order can be placed by following the following steps to complete it correctly:

1. – Verification of billing details.
2. – Verification of the shipping address.
3. – Selection of the payment method.
4. – Place the order (purchase).

Once the order has been processed, the system immediately sends an email to the PROVIDER’s management department and another to the USER’s email address confirming that the order has been placed.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, null, or for any reason unenforceable, that condition shall be considered severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or breaches any of the obligations established in this document or any applicable legal provision, licence, regulation, directive, code of practice, or usage policy.

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.

13. WARRANTIES AND RETURNS

The warranty for the products offered shall comply with the following articles based on Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws:

Article 114. General principles.
The seller is obliged to deliver products to the consumer and user that conform to the contract and shall be liable to them for any lack of conformity existing at the time the product is delivered.

Article 115. Scope of application.

1. The scope of application of this title includes contracts for the sale of products and contracts for the supply of products that are to be produced or manufactured.

2. The provisions of this title shall not apply to products acquired through judicial sale, to water or gas when they are not packaged for sale in a limited volume or in determined quantities, or to electricity. They shall also not apply to second-hand products acquired through an administrative auction in which consumers and users may participate in person.

Article 116. Conformity of products with the contract.
1. Unless proven otherwise, products shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, except where, due to the circumstances of the case, any of them is not applicable:
a) They conform to the description provided by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) They are suitable for the purposes for which products of the same type are ordinarily used.
c) They are suitable for any specific use required by the consumer and user when they have informed the seller of such use at the time the contract was concluded, provided that the seller has accepted that the product is suitable for that purpose.
d) They present the quality and performance that are usual for a product of the same type and that the consumer and user can reasonably expect, taking into account the nature of the product and, where applicable, the public statements regarding the specific characteristics of the products made by the seller, the producer, or their representative, particularly in advertising or on the label. The seller shall not be bound by these public statements if they can prove that they were unaware of and could not reasonably have been expected to know the statement in question, that the statement had been corrected at the time the contract was concluded, or that the statement could not have influenced the decision to purchase the product.

2. Any lack of conformity resulting from incorrect installation of the product shall be considered equivalent to a lack of conformity of the product itself when the installation is included in the sales or supply contract referred to in Article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.

3. Liability shall not apply for lack of conformity that the consumer and user knew about or could not reasonably have been unaware of at the time the contract was concluded, or that originated from materials supplied by the consumer and user.

Article 117. Incompatibility of actions.
The exercise of the actions provided for in this title is incompatible with the exercise of actions arising from the warranty against hidden defects in the sale and purchase contract.
In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for damages and losses arising from the lack of conformity.

Article 118. Seller’s liability and consumer and user rights.
The consumer and user shall have the right to repair of the product, replacement, a price reduction, or termination of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.
1. If the product is not in conformity with the contract, the consumer and user may choose to require the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicates the chosen option to the seller, both parties shall comply with it. This decision by the consumer and user is without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into conformity with the contract.

2. A remedy shall be considered disproportionate when, compared with the alternative remedy, it imposes costs on the seller that are unreasonable, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without greater inconvenience for the consumer and user.

To determine whether the costs are unreasonable, the expenses corresponding to one form of remedy must also be considerably higher than the expenses corresponding to the other form of remedy.

Article 120. Legal regime for the repair or replacement of the product.

The repair and replacement shall comply with the following rules:
a) They shall be free of charge for the consumer and user. Free of charge includes the necessary expenses incurred to remedy the lack of conformity of the products with the contract, particularly shipping costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable period and without major inconvenience for the consumer and user, taking into account the nature of the products and the purpose for which they were intended by the consumer and user.
c) Repair shall suspend the calculation of the periods referred to in Article 123. The suspension period begins when the consumer and user makes the product available to the seller and ends when the repaired product is delivered back to the consumer and user. During the six months following delivery of the repaired product, the seller shall remain liable for the lack of conformity that led to the repair, and it shall be presumed that the same lack of conformity exists when defects of the same origin as those initially identified reappear in the product.
d) If, once the repair has been completed and the product has been delivered, it remains non-conforming with the contract, the consumer and user may require replacement of the product, unless this option is disproportionate, a price reduction, or termination of the contract under the terms provided in this chapter.
e) Replacement shall suspend the periods referred to in Article 123 from the moment the consumer and user exercises this option until delivery of the new product. The replacement product shall, in all cases, be subject to Article 123.1, second paragraph.
f) If replacement does not bring the product into conformity with the contract, the consumer and user may require repair of the product, unless this option is disproportionate, a price reduction, or termination of the contract under the terms provided in this chapter.
g) The consumer and user may not require replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121. Price reduction and termination of the contract.

The price reduction and termination of the contract shall be applicable, at the choice of the consumer and user, when the consumer and user cannot require repair or replacement, and in cases where these have not been carried out within a reasonable period or without major inconvenience to the consumer and user. Termination shall not apply if the lack of conformity is of minor importance.

NOTE according to Article 108.2: The USER is informed that they shall only be liable for any decrease in the value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics, or operation. Under no circumstances shall they be liable for any decrease in the value of the goods if the trader has failed to inform them of their right of withdrawal in accordance with Article 97.1.i).

Article 122. Criteria for price reduction.

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.

Article 123. Time limits.

1. The seller shall be liable for any lack of conformity that becomes apparent within two years from the date of delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from the date of delivery.
   
   Unless proven otherwise, it shall be presumed that any lack of conformity that appears within six months following the delivery of the product, whether new or second-hand, already existed at the time of delivery, except where this presumption is incompatible with the nature of the product or the type of lack of conformity.
   
2. Unless proven otherwise, delivery shall be deemed to have taken place on the date shown on the invoice or purchase receipt, or on the corresponding delivery note if the latter is later.
   
3. The seller is obliged to provide the consumer or user who exercises their right to repair or replacement with documentary proof of the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right.
   
   Likewise, together with the repaired or replaced product, the seller must provide the consumer or user with documentary proof of delivery stating the date of delivery and, where applicable, the repair carried out.
   
4. The action to claim compliance with the provisions of Chapter II of this title shall expire three years after the delivery of the product.
   
5. The consumer and user must inform the seller of the lack of conformity within two months from the date on which they became aware of it. Failure to comply with this deadline shall not result in the loss of the right to the corresponding remedy, although the consumer and user shall be liable for any damages or losses actually caused by the delay in communication.
   
   Unless proven otherwise, it shall be understood that the communication from the consumer and user has taken place within the established period.

Article 124. Action against the producer.

When it is impossible or excessively burdensome for the consumer and user to contact the seller due to the lack of conformity of the products with the contract, they may directly claim against the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the producer’s liability ceases, for the purposes of this title, under the same time limits and conditions as those established for the seller, the producer shall be liable for the lack of conformity when it relates to the origin, identity, or suitability of the products, in accordance with their nature and purpose and with the regulations governing them.

Whoever has responded to the consumer and user shall have a period of one year to take recourse against the party responsible for the lack of conformity. The period shall be calculated from the moment the remedy has been completed.

14. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and interpreted in accordance with Spanish legislation in all matters not expressly provided for herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts of the USER’s domicile.

In the event that the USER’s domicile is outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction and submit themselves to the Dispute Resolution Body, which shall act as an intermediary between both parties in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts. For more information, please refer to section “4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION” of these Conditions.