LEGAL NOTICE AND GENERAL CONDITIONS OF USE
https://www.ibericosizquierdo.es/
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information data of this website are provided below:
The ownership of this website, https://www.ibericosizquierdo.es/ , (hereinafter, Website) is held by: , provided with NIF: B37352697 and registered in: Mercantile Registry of Salamanca with the following registration data: , whose representative is: José Izquierdo Vicente, and whose contact details are:
Address: Carretera 630 km 360 (Cuatro-Calzadas)
Contact phone number: 923308505
Contact email: marketing@ibericosizquierdo.es
II. GENERAL TERMS AND CONDITIONS OF USE
The purpose of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that may be offered to Users (hereinafter, Services).
Ibéricos Izquierdo reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Ibéricos Izquierdo may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, free of charge without the User having to provide any compensation to be able to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted.
The use of any of the Contents or Services of the Website may be done through prior subscription or registration by the User.
The User
Access, navigation and use of the Website, as well as the spaces enabled for interaction between Users, and the User and Ibéricos Izquierdo, such as comments and/or blogging spaces, confers the status of User, and therefore, from the start of navigation on the Website, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them each time they visit the Website.
The Ibéricos Izquierdo Website provides a wide variety of information, services and data. The User assumes responsibility for making correct use of the Website. This responsibility will extend to:
A use of the information, Contents and/or Services and data offered by Ibéricos Izquierdo that is not contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may cause injury to the rights of third parties or the operation of the Website.
The veracity and legality of the information provided by the User in the forms provided by Ibéricos Izquierdo for access to certain Contents or Services offered by the Website. In any case, the User will immediately notify Ibéricos Izquierdo of any event that allows the improper use of the information recorded in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.
In any case, Ibéricos Izquierdo will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this Website does not imply establishing any type of commercial relationship between Ibéricos Izquierdo and the User.
Always in compliance with current legislation, this Ibéricos Izquierdo Website is aimed at all people, regardless of their age, who can access and/or browse the pages of the Website.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Ibéricos Izquierdo does not guarantee the continuity, availability and usefulness of the Website, or of the Contents or Services. Ibéricos Izquierdo will do everything possible to ensure the proper functioning of the Website, however, it is not responsible for or guarantees that access to this Website will not be uninterrupted or that it is above.
The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.
Communications, purchase orders and payments that occur during transactions carried out on the Website may be archived and kept in the computerized records of https://www.ibericosizquierdo.es/ in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by https://www.ibericosizquierdo.es/ through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If there are difficulties regarding the supply of products or there are no products in stock, https://www.ibericosizquierdo.es/ undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless due to legal requirement, especially in relation to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, https://www.ibericosizquierdo.es/ carries out delivery and/or shipping services through: Seur, Enaboy, Europillow, Integra2.
Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to those that the User has already made.
The accepted payment methods will be: Credit or debit card, PayPal, Bank transfer, and Cash on delivery
https://www.ibericosizquierdo.es/ uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorizations by the bank that issued them. If said entity does not authorize the payment, https://www.ibericosizquierdo.es/ will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once https://www.ibericosizquierdo.es/ receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, established place is sent to the User.
If the payment method is PayPal, the charge will be made at the time that https://www.ibericosizquierdo.es/ sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on "Pay now" the User confirms that the payment method used is his/hers.
Purchase or acquisition orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the confirmation of the order in order to allow enough time for the bank transfer to be taken into account by the payment system used by https://www.ibericosizquierdo.es/ for the Website Web. When the system receives the transfer, the order will be prepared and managed for shipment.
Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In the event of an error, https://www.ibericosizquierdo.es/ will not be able to validate the order, which will be cancelled.
For cash on delivery, the User must select "Cash on Delivery" among the payment methods on the Website and continue to Pay now to place the purchase order. From that moment on, https://www.ibericosizquierdo.es/ reserves the right to contact the User in order to validate the purchase order with him/her. After this, the order will be prepared and made available for the management of its shipment.
Payment will be made at the time of delivery of the order by the carrier's delivery person. Payment will be made only in cash. The User agrees to give the carrier's delivery person the exact amount of the order, who will not be able to provide change.
For the refund of the amount in orders paid by cash on delivery, https://www.ibericosizquierdo.es/ reserves the right to do so within 14 calendar days after the return has been requested through the Website and the package has been returned to the carrier. When making the return, the User must indicate their bank details to receive the transfer corresponding to the requested refund of the amount of the returned order. The refund of the amount of orders paid by cash on delivery will be made only by transfer.
https://www.ibericosizquierdo.es/ reserves the right to suspend payment by cash on delivery to those Users who have not met the necessary requirements in past orders.
6. DELIVERY
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason attributable to https://www.ibericosizquierdo.es/ is unable to meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If delivery of the order is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the delivery location during the agreed time slot, they must contact https://www.ibericosizquierdo.es/ to arrange delivery on another day.
If 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to https://www.ibericosizquierdo.es/ , https://www.ibericosizquierdo.es/ will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to him/her.
For the purposes of these Conditions, delivery will be deemed to have taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when https://www.ibericosizquierdo.es/ receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this is the case.
It takes place at a time after the full receipt of the amount to be paid by https://www.ibericosizquierdo.es/.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and/or provision, in that Member State of the European Union in which the address that appears on the purchase order is located and, therefore, the applicable VAT will be the one in force in said Member State.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting https://www.ibericosizquierdo.es/ through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space to the Website.
In any case, the User, before clicking on "Pay now", has access to the space, cart, or basket where his/her purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User purchases products on or through the owner's Website, he/she has a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website of https://www.ibericosizquierdo.es/ or in the event that the goods that make up your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days after the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify their decision to https://www.ibericosizquierdo.es/. They may do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that https://www.ibericosizquierdo.es/ makes available to them as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, https://www.ibericosizquierdo.es/ will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which https://www.ibericosizquierdo.es/ is informed of the User's decision to withdraw.
https://www.ibericosizquierdo.es/ will reimburse the User using the same payment method that the User used to make the transaction.
initial purchase. This refund will not generate any additional costs for the User. However, https://www.ibericosizquierdo.es/ may retain said refund until it has received the products or items of the purchase, or until the User presents proof of the return of the same, depending on which condition is met first.
The User can return or send the products to https://www.ibericosizquierdo.es/ at: Carretera 630 km 360 (Cuatro-Calzadas)
And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which https://www.ibericosizquierdo.es/ was informed of the decision to withdraw.
The User acknowledges that he/she must assume the direct cost of returning (transport, delivery) the goods, if any were incurred. In addition, the User will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The provision of a service that the User may contract on this Website is governed in the same way, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by www.ibericosizquierdo.es, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.
The withdrawal form template can be downloaded from the following link:
Return of defective products or shipping error
This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact https://www.ibericosizquierdo.es/ immediately and let them know of the existing nonconformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, a replacement is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any given time for the User, as consumer and user, will always be observed.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, with https://www.ibericosizquierdo.es/ being responsible, therefore, for any lack of conformity thereof that becomes apparent within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in compliance with the contract provided that: they conform to the description made by https://www.ibericosizquierdo.es/ and possess the qualities presented therein; they are suitable for the uses to which the products of the same are ordinarily intended.
type; and present the quality and performance that is usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products sold on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User purchases on the Website a product from a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he or she also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal warranty right directly against them during the two years following the delivery of said products. To do so, the User must have kept all the information regarding the warranty of the products.
9. DISCLAIMER
Unless otherwise provided by law, https://www.ibericosizquierdo.es/ will not accept any liability for the following losses, regardless of their origin:
any losses which were not attributable to any breach on its part;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure); or
any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between the parties.
Likewise, https://www.ibericosizquierdo.es/ also limits its liability in the following cases:
https://www.ibericosizquierdo.es/ applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for any minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
https://www.ibericosizquierdo.es/ will act with the utmost diligence to make the product subject to the purchase order available to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of transport, especially due to causes such as strikes, roadblocks, and in general any other causes inherent to the sector, which result in delays, loss or theft of the product.
Technical failures that, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. https://www.ibericosizquierdo.es/ makes every effort to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, such as unforeseeable circumstances or force majeure.
https://www.ibericosizquierdo.es/ will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, https://www.ibericosizquierdo.es/ will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, https://www.ibericosizquierdo.es/ will not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other protest measures.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and https://www.ibericosizquierdo.es/ will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. https://www.ibericosizquierdo.es/ will use all reasonable means to find a solution that allows it to comply with its
obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with https://www.ibericosizquierdo.es/ are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that https://www.ibericosizquierdo.es/ sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with https://www.ibericosizquierdo.es/ through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, https://www.ibericosizquierdo.es/ may contact and/or notify the User by email or at the postal address provided.
11. WAIVER
No waiver by https://www.ibericosizquierdo.es/ of a specific right or legal action or the lack of requirement by https://www.ibericosizquierdo.es/ of strict compliance by the User of any of its obligations shall constitute a waiver of other rights or actions derived from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.
No waiver by https://www.ibericosizquierdo.es/ of any of these Conditions or of the rights or actions derived from a contract shall take effect unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and https://www.ibericosizquierdo.es/ in relation to the object of sale and replace any other previous agreement, agreement or promise agreed verbally or in writing by the same parties.
The User and https://www.ibericosizquierdo.es/ acknowledge having agreed to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to https://www.ibericosizquierdo.es/ during a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, browsing and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between https://www.ibericosizquierdo.es/ and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to https://www.ibericosizquierdo.es/ their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, https://www.ibericosizquierdo.es/ has official complaint forms available to consumers and users, which they can request from https://www.ibericosizquierdo.es/ at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between https://www.ibericosizquierdo.es/ and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
This General Conditions of Purchase document has been created using the conditions template generator general online purchases on 07/17/2021.