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Translation

"CONDITIONS OF SALE OF ORGANIC GOURMET SHOP TO BE ACCESSED THROUGH THIS WEB SITE"


This document sets out the general conditions of the contractual relationship (hereinafter, "CGC") that aims to purchase products from this website, whose owner and holder is ARTFOOD, SL, (hereinafter, "ORGANIC GOURMET ") with residence in C / Pujades 74-80, 2nd floor B, CP 08005 Barcelona, with Tax ID number B65789992 (Registered in the Business Register of Barcelona, volume 43151, folio 91, page B-424296, inscription 1), and individuals and / or companies (hereinafter "Employer") that express a willingness to buy these products and services through the Internet request made through that web site. These user requests are specific conditions that are associated with the general conditions that the CONTRACTOR must necessarily accept electronically, prior to purchase.
To formalize the corresponding contract, together with the application of specific products, it is required that the CONTRACTOR read, understand, print (if desired), and accept the general conditions. However, the CONTRACTOR may always consult these general conditions through this Web site.
FIRST. - OBJECT OF GCC. -

By the following GCC, ORGANIC GOURMET is committed to deliver the products that the CONTRACTOR has requested through the Web site, against a certain price. By purchasing products on this website the CONTRACTOR declares that:
a) CONTRACTOR is a person of legal age and able to contract.
b) CONTRACTOR is a qualified or authorized representative of the contracting company.
c) That CONTRACTOR has read, understood and agrees to these Terms and conditions.
SECOND. - APPLICABLE LAW. -

These GCC are subject to the provisions of the Royal Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the Law 7 / 1998 of 13 April on GTC, the Royal Decree 1906/1999 of 17 December, regulating the Telephone and Electronic Contracting with general conditions, the Organic Law 15/1999 of 13 December on the Protection of Personal Data, Law 7/1996 of 15 January on the Retail Trade and Law 34/2002 of July 11, Services Information Society and Electronic Commerce.
THIRD. -ALTERATION OF GCC. -

ORGANIC GOURMET reserves the right to amend these GCC at any time without prior notice to the CONTRACTOR, in any case, is responsible for reviewing them prior to hiring or purchasing any products or services available through this web page. The GCC accepted by the CONTRACTOR shall be considered as valid and applicable at the time of acquisition of the goods.
FOURTH. - RIGHTS AND OBLIGATIONS OF ORGANIC GOURMET. -

4.1. Product Delivery. - ORGANIC GOURMET promises to deliver the product in perfect condition at the address that the CONTRACTOR points in the order form which records the conditions that are attached to these GCC. ORGANIC GOURMET will not be liable for errors in delivery caused when the data entered by the CONTRACTOR in the order form does not reflect reality or have been omitted. The approximate delivery time for each product is listed in the same tab. In the event that the product is not in stock or the delivery time is longer than indicated in the product details, ORGANIC GOURMET shall inform the contractor of the new deadline by email. And so, ORGANIC GOURMET shall offer the CONTRACTOR to cancel the order or purchase an alternative item that can have been able to offer similar characteristics to choose first. If no reply is received within 24 hours, it is understood that the CONTRACTOR wants it delivered without the / the product / s that are missing, so ORGANIC GOURMET will deliver it. Otherwise CONTRACTOR must confirm by email (info@organicgourmetbcn.com) order cancellation. In such case, ORGANIC GOURMET is committed to a full refund of purchase within a maximum of 7 days. No cancellations will be accepted that have not been notified via ORGANIC GOURMET and deadline established in this section.
4.2. ORGANIC GOURMET responsibility. In no event be liable in respect of:

4.2.1. Errors, delays in access by the CONTRACTOR when entering your information in the order form, slowness or inability to receipt by the recipients of the order confirmation or any anomalies that may arise when these incidents are due to problems in the Internet, causes of accident or force majeure and other unforeseeable contingency to the good faith of the company. In any case, ORGANIC GOURMET promises to solve the problems that may arise and provide all necessary support to the CONTRACTOR to reach a rapid and satisfactory solution of the issue.
4.2.2. Errors or damages resulting from use of inefficient service, bad faith by the CONTRACTOR.

4.2.3. No operation or problems with the email address provided by the CONTRACTOR for sending order confirmation.
4.3 Warranties:

4.3.1. As a broker, the warranty on the product delivered to the CONTRACTOR merely extended by distributors.

4.3.2. ORGANIC GOURMET ensures that all products displayed on our website are commercial and legal in Spain. If any of our products arrive in poor condition or a problem, CONTRACTOR should notify us at (info@organicgourmetbcn.com), adding photo / s within a period of maximum 24 hours after receipt of order. In the event that the liability of the carrier incidence outside, we can help to solve the problem must contact us by phone (931925569) or email.

No claims will be accepted that have not been properly documented and reported within the time indicated.
4.3.3. Should any of our products be defective, ORGANIC GOURMET guarantees free support to the contractor managing the claim by the manufacturer of that product. The CONTRACTOR shall inform ORGANIC GOURMET on defective product within 2 days since the product anomaly was detected.

4.3.4. ORGANIC GOURMET is not obligated to indemnify the CONTRACTOR or others for the consequences of use of the product, whether direct or indirect damage, accidents to persons, damage to property outside the product, loss of profits or lost profits, or damages from coming from an impairment or loss of data recorded by the final CONTRACTOR.
4.3.5. Shipping costs to our warehouse for defective products within the warranty period are to be held by the contractor; on the other hand, ORGANIC GOURMET shall be responsible for payment of expenses to return the product to the address of the CONTRACTOR.
4. 4. Right of withdrawal: ORGANIC GOURMET recognizes CONTRACTOR’s right of withdrawal in the deadlines set forth in the Royal Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of consumers and Users and other complementary laws, in which case ORGANIC GOURMET shall reimburse the CONTRACTOR for the sum paid by way of price and taxes, to the account number indicated by the CONTRACTOR. The CONTRACTOR shall dispose of 7 working days from delivery of the product, considered as such date, unless proven otherwise, indicated on the delivery document signed. In order to exercise this right, the CONTRACTOR will send an email to (info@organicgourmetbcn.com) sending also, the corresponding product. In any case the CONTRACTOR shall bear the direct cost of returning the said product and of any damage in the same place as a result of its return. In no case the right of withdrawal of products is granted, which were unsealed by the contractor or supplied electronically and by their nature, are likely to be played or downloaded permanently by the CONTRACTOR.
FIFTH. - CONTRACTOR RIGHTS AND OBLIGATIONS. -

5.1. Payment. - The CONTRACTOR agrees to pay in advance the amount for the product requested in the following amount and form:

5.1.1. Amount. - Remuneration for the product requested by the CONTRACTOR in terms of product ordered will be indicated on the website and listed in the specific request of the CONTRACTOR at all times, applications that constitute the conditions of the specific order. Prices of products featured on the website include VAT. While, the corresponding amount of VAT shall be broken down properly in the order.

In addition to the price shown on the Web site for each of the products offered, the relevant shipping costs will be added. ORGANIC GOURMET, is obliged to report the cost of shipping prior to CONTRACTOR always before formalizing the purchase itself and in the email confirmation of the same.
5.1.2. Payment. - The CONTRACTOR shall pay the amount of the order as follows:

- Payment by credit card: inserting data on the existing Virtual POS Web site. To pay in this way it will be essential that CONTRACTOR indicates Tax ID number. Similarly, when the shipping address of acquisition is different from that of the cardholder or for safety reasons, it is required that the CONTRACTOR send email order confirmation duly signed together with a copy of credit card and identity card, in order for ORGANIC GOURMET to contact with the owner.

-Bank Transfer: Proof of payment shall be provided to Organic Gourmet. After this procedure, the order will be prepared and sent to the client.
5.2. Responsibility of the CONTRACTOR. -
In any case, it will be the responsibility of the CONTRACTOR:
5.2.1. The CONTRACTOR assumes all risk of deterioration, damage, damage and loss of products from the time they have been made available by the third party that on behalf of ORGANIC GOURMET, has been making the delivery of products ordered.

5.2.2. The CONTRACTOR agrees to check the condition of the package delivered by the third party ordered by ORGANIC GOURMET, for the delivery of the product ordered, indicating on the packing slip any abnormalities detected in the packaging. If after reviewing the content any incident is detected by the CONTRACTOR, such as blow, breakage or any damage caused by shipping, CONTRACTOR shall inform ORGANIC GOURMET no later than 24 hours after receiving the package.
SIXTH. - RESPONSIBILITY. -

6.1. - ORGANIC GOURMET in no event shall be liable for:

6.1.1. - Faults and incidents that may occur in communications, deletion or incomplete transmissions so that there is no guarantee that the website services are constantly operational.

6.1.2. - In case of any damage that contractors or third parties may cause on the website.

6.2. - ORGANIC GOURMET reserves the right to terminate web site access without notice and on a permanent or temporary mode to ensure the effective responsibility for any damages that may occur. Also, ORGANIC GOURMET shall notify the competent authority in these circumstances at the time that has actual knowledge that the damage constitutes any kind of illegal activity.
SEVENTH. - COPYRIGHT AND TRADEMARK. -

ORGANIC GOURMET reports that content, programming and design of this website, is fully protected by copyright, deliberately prohibited any reproduction, communication, distribution and transformation of the protected elements without deliberate consent of ORGANIC GOURMET . The brands of the products sold by ORGANIC GOURMET through the Web site are their rightful owners property. ORGANIC GOURMET uses external sources for the development of the items on certain occasions and also provides links or hyperlinks to third-party articles or information, citing the source. The legitimate owner of the copyrights at any time may request the removal of the aforementioned references.
EIGHTH. - LANGUAGE APPLICABLE. -

In case of disagreement on the text of these Terms and any translation thereof, shall prevail, in any event, the Castilian version.

In case of discrepancies between the Castilian version of the general conditions and their possible translations, Spanish version shall prevail.

NINTH. - JURISDICTION AND APPLICABLE LAW. -
These GCC are governed by Spanish law.

To determine the venue of the sale subject to these GTC, shall prevail the provisions in Article 29 of Law 34/2002, of 11 July, services of the information society and electronic commerce.
TENTH. - REVOCATION CLAUSES. -

If any provision of these GCC is declared invalid, the remaining provisions shall remain in full force, taking into account the will of the parties and the purpose of these conditions. ORGANIC GOURMET may not exercise any of the rights and powers conferred on this document which does not imply any waiver of the same unless deliberately recognized by ORGANIC GOURMET.