Terms and Conditions
TurroneslaColmena.com
1. GENERAL INFORMATION
The ownership of this website TurroneslaColmena.com, (hereinafter Website) is held by: Turrones La Colmena S.L., provided with NIF: B54954045 and registered in: Mercantile Registry of Alicante; and whose registry data are: Volume 3970, Folio 155, Page A-1513476.
Inscription 1, and whose contact details are:
- Address: Polígono Industrial “La Revolta” de la Paella, Nave 6.
03100 Jijona (Alicante) - Contact telephone: 965613356
- Contact email: info@turroneslacolmena.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (TurroneslaColmena.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Turrones La Colmena develops through the Web Site includes:
Sale and distribution of nougat and handmade sweets.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Turrones La Colmena.
By using this Web Site or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all the above mentioned, so if he/she does not agree with all of them, he/she should not use this Web Site.
Likewise, it is informed that these Conditions may be modified.
The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website.
This responsibility shall extend to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchases.
If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed. - Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.
The Web Site is mainly addressed to Users residing in Spain.
Turrones La Colmena does not assure that the Web Site complies with the laws of other countries, either totally or partially.
Turrones La Colmena declines any responsibility that may derive from such access, as well as it does not assure shipments or services rendered outside Spain.
The User will be able to formalize, at his choice, with Turrones La Colmena the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.
3. PURCHASE OR ACQUISITION PROCESS
The Users can buy in the Web Site by the means and ways established.
They will have to follow the procedure of purchase and/or online acquisition of TurroneslaColmena.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Checkout”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Turrones La Colmena has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order.
And, if applicable, you will also be informed by e-mail when your purchase is being sent.
In its case, this information could also be made available to the User through his personal space of connection to the Web Site.
Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through his personal space of connection to the Website.
Likewise, the User can, if he/she so wishes, obtain a copy of his/her invoice in paper, by requesting it to Turrones La Colmena using the contact spaces of the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Turrones La Colmena in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December 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 Turrones La Colmena 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 products and/or the provision of services.
If there are difficulties in the supply of products or there are no products in stock, Turrones La Colmena undertakes to contact the User and reimburse any amount that may have been paid as an amount.
This will be also applicable in the cases in which the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Web Site are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown in the Web Site.
Thus, Turrones La Colmena performs delivery and/or shipping services through: Different shipping companies, including DHL.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal, and Bank Transfer.
Turrones La Colmena uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website.
As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to verifications and authorizations by the issuing bank, if such bank does not authorize the payment, Turrones La Colmena will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once Turrones La Colmena receives the purchase order from the User through the Web Site, a pre-authorization will be made in 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 User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, where appropriate, place established.
If the payment method is PayPal, the charge will be made when Turrones La Colmena sends a confirmation of the purchase order or purchase of products and/or services to the User.
In any case, by clicking on “Checkout” the User confirms that the payment method used is his/her own.
The purchase or acquisition orders in which the User selects as payment method the bank transfer will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the payment system used by Turrones La Colmena for the Website.
When the system receives the transfer, the order will be prepared and managed for shipment.
Using this payment method, the User must make sure that he/she enters correctly the exact amount of the purchase order, as well as the account number and the reference of the transfer.
In case of error, Turrones La Colmena will not be able to validate the order, which will be cancelled.
6. DELIVERY
In those cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Worldwide
Except in those 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, Turrones La Colmena could not meet the delivery date, it will contact the User to inform him of this circumstance and the User may choose to proceed with the purchase by setting 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 it is impossible to deliver the order 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 get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she must contact Turrones La Colmena to arrange the delivery on another day.
In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to Turrones La Colmena, Turrones La Colmena 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 refunded, except for the additional costs resulting from the User’s own choice of a delivery method different from the less 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 derived from the resolution may have an additional cost that may be passed on to him/her.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the 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 time of delivery.
The User acquires the ownership of the products when Turrones La Colmena receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Turrones La Colmena.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall 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 shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he/she detects that there has been an error when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Turrones La Colmena through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact details provided in the first clause (General Information).
Likewise, this information could also be corrected by the User through his personal space of connection to the Web Site.
In any case, the User, before clicking on “Checkout”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods purchased on the Website of Turrones La Colmena or in case the goods that make up your order are delivered separately, 14 calendar days from the day the User or a third party authorized by him, other than the carrier, acquired the 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 from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify its decision to Turrones La Colmena.
He/she will be able to do it, if necessary, through the contact spaces provided in the Web Site.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.
In any case, the User will be able to use the withdrawal form model that Turrones La Colmena makes available as an annexed part of these Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, Turrones La Colmena will reimburse the User all payments received, including shipping costs (with the exception of the 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 Turrones La Colmena is informed of the decision to withdraw by the User.
Turrones La Colmena will reimburse the User using the same payment method used to make the initial purchase transaction.
This refund will not generate any additional cost to the User.
However, Turrones La Colmena could withhold such reimbursement until it has received the products or items of the purchase, or until the User presents a proof of the return of the same, depending on which condition is met first.
The User can return or send the products to Turrones La Colmena at: Polígono Industrial “La Revolta” de la Paella, Nave 6.
03100 Jijona (Alicante)
And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Turrones La Colmena was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred.
In addition, he/she shall be liable for any diminished 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 stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.
In the same sense, the provision of a service that the User could contract in this Web Site is governed, since this same Law establishes that the right of withdrawal will not assist the 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 his part that he is aware that, once the contract has been completely executed by Turrones La Colmena, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, 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, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
You can download the cancellation form at the following link: https://turroneslacolmena.com/wp-content/uploads/2020/08/Derecho-de-desestimiento.pdf
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and therefore, should contact Turrones La Colmena immediately and let them know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on 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 to proceed with the refund or, if applicable, the replacement of the same.
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 e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User 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 time for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding Turrones La Colmena, therefore, for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Turrones La Colmena and possess the qualities presented therein; they are suitable for the uses to which the products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected from 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 shipment.
However, some of the products that are marketed on the Website, may have non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party.
In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products.
In order to do so, the User must have kept all the information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Turrones La Colmena will not accept any responsibility for the following losses, regardless of their origin:
- any losses that were not attributable to any breach on its part;
- business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.
Likewise, Turrones La Colmena also limits its liability in the following cases:
- Turrones La Colmena applies all the measures concerning to provide a faithful visualization of the product in the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
- Turrones La Colmena will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order.
However, Turrones La Colmena will not be responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, resulting in delays, losses or thefts of the product. - Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet.
Lack of availability of the Web Site due to maintenance or other reasons, which prevents the availability of the service.
Turrones La Colmena puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure. - Turrones La Colmena will not be responsible for the misuse and/or wear of the products that have been used by the User.
At the same time, Turrones La Colmena will not be responsible for an erroneous return made by the User.
It is the User’s responsibility to return the correct product. - In general, Turrones La Colmena will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended during the period in which the cause of force majeure continues, and Turrones La Colmena will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure.
Turrones La Colmena will use all reasonable means to find a solution that will allow it to comply with its obligations despite the force majeure cause.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User accepts that most of the communications with Turrones La Colmena will be electronic (e-mail or notices published in the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Turrones La Colmena 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 can send notifications and/or communicate with Turrones La Colmena through the contact information provided in these Conditions and, if applicable, through the contact spaces of the Web Site.
Likewise, unless otherwise stipulated, Turrones La Colmena may contact and/or notify the User by e-mail or at the postal address provided.
11. WAIVER
No waiver by Turrones La Colmena to a specific legal right or action or the lack of requirement by Turrones La Colmena of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from the compliance of its obligations.
No waiver by Turrones La Colmena to any of the present Conditions or to the rights or actions derived from a contract will be effective, unless it is expressly stated that it is a waiver and it is formalized and communicated to the User in writing.
12. NULLITY
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.
13. COMPLETE AGREEMENT
The present Conditions and any document expressly referred to in these constitute the entire agreement existing between the User and Turrones La Colmena in relation to the object of purchase and sale and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Turrones La Colmena acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data provided by the User to Turrones La Colmena in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use).
By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided are truthful.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Web Site, or with the interpretation and execution of these Conditions, or with the sales contracts between Turrones La Colmena and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to Turrones La Colmena his complaints, claims or any other comment he may wish to make through the contact information provided at the beginning of these Conditions (General Information).
Another way to send us a complaint or claim is through the following form, of which you will receive a copy.
https://forms.gle/4qTkoHYi3CAL2RHK8
Once the complaint or claim has been received, it will be assigned a unique number to be able to track it.
In addition, Turrones La Colmena has official complaint forms available to consumers and users, which they can request to Turrones La Colmena at any time, using the contact information provided at the beginning of these Conditions (General Information).
17. CONFLICT RESOLUTION
EUROPEAN PLATFORM FOR E-COMMERCE DISPUTE RESOLUTION.
We inform consumers that the Online Dispute Resolution Platform (“ODR Platform”) is operational for all European Union countries, including Spain.
In the case of Spain, the European Commission has designated the European Consumer Center attached to the Spanish Agency for Consumer Affairs, Food Safety and Nutrition, as the platform’s contact point, to assist and support the submission of complaints through the aforementioned platform.
Since the entry into force of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and Regulation 524/2013 of the European Parliament and of the Council, we are obliged to inform about the existence of the platform to our buyers.
Hence, we inform our Users that in the event of any dispute with TURRONES LA COLMENA consumer, there is a new European procedure that is simple, multilingual and accessible. for the resolution of the same.
Which consists of the following:
The consumer must access this platform and complete the online complaint form.
Once completed, it will be sent from the same platform.
The claim will be sent to TURRONES LA COLMENA S.L., who will propose to the consumer an alternative dispute resolution entity.
Once the consumer and the seller agree on the mediation entity that will resolve their conflict, the platform will send the claim to the chosen entity.
The mediation entity will deal with the case electronically and propose a solution within a maximum of 90 days.
17. Curriculum
EUROPEAN PLATFORM FOR E-COMMERCE DISPUTE RESOLUTION.
For the purposes of the provisions of current legislation on data protection, the data of your curriculum that you provide us, are essential for the processing of the application and, its owners consent that their personal data and curriculum, including the email address, provided are incorporated into the file for which TURRONES LA COLMENA is responsible, in order to study and/or execute this application and for the study and personalized or segmented analysis of the same.
The personal data provided will be used for the purpose, in the manner and with the limitations and rights granted by Law 15/1999, of Protection of Personal Data.
The holder may exercise free of charge the rights of opposition, access and information, rectification, cancellation of their data and revocation of their authorization without retroactive effect, acting as indicated in this section.
13. Comments and suggestions
We welcome your comments, complaints and suggestions.
Please send us such comments or suggestions through our mail ayuda@turroneslacolmena.com or the form https://forms.gle/4qTkoHYi3CAL2RHK8.