Terms and Conditions
TurroneslaColmena.com
1. GENERAL INFORMATION
The ownership of this website TurroneslaColmena.com (hereinafter referred to as the Website) belongs to: Turrones La Colmena S.L., with Tax Identification Number (NIF): B54954045, registered with the Mercantile Registry of Alicante; its registration details are: Volume 3970, Folio 155, Sheet A-151.476. Entry 1, and its contact details are:
- Address: Polígono Industrial “La Revolta” de la Paella, Nave 6. 03100 Jijona (Alicante)
- Contact phone: 965613356
- Contact email: info@turroneslacolmena.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (TurroneslaColmena.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).
For the purposes of these Conditions, the activity carried out by Turrones La Colmena, S.L. through the Website includes:
Sale and Distribution of artisanal nougat and 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 cookie policy, and the privacy and data protection policy of Turrones La Colmena, S.L. By using this Website 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 of the aforementioned; therefore, if you do not agree with all of them, you must not use this Website.
Furthermore, please note that these Terms and Conditions may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the terms in effect at the time products and/or services are requested will apply.
For any questions the User may have regarding the Conditions, they may contact the owner using the contact details provided above or, where applicable, using the contact form.
2. THE USER
Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), thereby accepting, from the moment browsing of the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Using this Website solely to make inquiries and legally valid purchases or acquisitions.
- Not making any false or fraudulent purchases. If a purchase of this nature could reasonably be considered to have been made, it may be cancelled, and the relevant authorities would be informed.
- Providing truthful and lawful contact details, for example, email address, postal address, and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is primarily aimed at Users residing in Spain. Turrones La Colmena, S.L. does not guarantee that the Website complies with the laws of other countries, either totally or partially. Turrones La Colmena, S.L. declines all responsibility that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.
The User may formalize, at their choice, with Turrones La Colmena the contract for the purchase and sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users can purchase on the Website through the established means and forms. They must follow the online purchase and/or acquisition procedure of TurroneslaColmena.com, during which several products and/or services can be selected and added to the cart, basket, or final purchase area, and finally, click on: “Place Order”
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making payment, the purchase details can be modified.
Subsequently, the User will receive an email confirming that Turrones La Colmena, S.L. has received their order or purchase request and/or service provision, i.e., the order confirmation. And, where applicable, they will also be informed by email when their purchase is being shipped. In such cases, this information could also be made available to the User through their personal login area on the Website.
Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice which will be sent to the User via email and, where applicable, through their personal login area on the Website. Likewise, the User may, if desired, obtain a paper copy of their invoice by requesting it from Turrones La Colmena, S.L. using the contact sections of the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question, which are displayed alongside its presentation or, where applicable, its image on its page of the Website, indicating, by way of example but not limitation, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out and/or cost of services; and acknowledges that placing the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Communications, purchase orders, and payments involved during transactions made on the Website may be archived and stored in the computerized records of Turrones La Colmena to constitute a means of proof of transactions, in all cases, respecting reasonable security conditions and applicable current laws and regulations in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, and the rights assisting Users in accordance with this Website’s privacy policy.
4. AVAILABILITY
All purchase orders received by Turrones La Colmena, S.L. through the Website are subject to the availability of products and/or to no circumstance or force majeure event (clause nine of these Conditions) affecting their supply and/or the provision of services. If difficulties arise regarding the supply of products or if products are out of stock, Turrones La Colmena, S.L. undertakes to contact the User and refund any amount that may have been paid. 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 otherwise indicated and applied by legal requirement, especially regarding VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Turrones La Colmena performs delivery and/or shipping services through: Various shipping companies, including DHL.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card, PayPal, and Bank transfer
Turrones La Colmena, S.L. uses all means to guarantee the confidentiality and security of 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 issuing bank. If said entity does not authorize the payment, Turrones La Colmena will not be responsible for any delay or non-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 Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The charge to the card will be made at the moment the shipping confirmation and/or service confirmation is sent to the User in the manner and, where applicable, at the location established.
If the payment method is PayPal, the charge will be made at the moment Turrones La Colmena, S.L. sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking “Place Order,” the User confirms that the payment method used is their own.
Purchase or acquisition orders for which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be processed 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.
Through this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Turrones La Colmena, S.L. will not be able to validate the order, which will be cancelled.
6. DELIVERY
In cases where physical delivery of the contracted goods is required, shipments will be made to the territories available during the purchase process.
Except in cases of unforeseen or extraordinary circumstances or, where applicable, those arising from product customization, 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 order confirmation.
If for any reason attributable to Turrones La Colmena, S.L., the company is unable to meet the delivery date, it will contact the User to inform them of this circumstance; the User may then choose to proceed 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. During high-demand campaigns, especially Christmas, delivery times may be extended.
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 arrange for it to be redelivered.
If the User will not be at the delivery location during the agreed time slot, they must contact Turrones La Colmena, S.L. to arrange delivery on another day.
Should 30 days elapse from the time your order is available for delivery, and it has not been delivered due to reasons not attributable to Turrones La Colmena, S.L., we will understand that the User wishes to withdraw from the contract, and it will be considered terminated. As a consequence of the contract termination, all payments received from the User will be refunded, with the exception of additional costs resulting from the User’s own choice of a delivery method different from the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that transport costs arising from the termination may incur an additional charge that could be passed on to them.
For the purposes of these Conditions, delivery shall be understood to have occurred, or the order shall be deemed to have been delivered, at the moment the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signing 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 moment of their delivery. The User acquires ownership of the products when Turrones La Colmena, S.L. 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 occurs at a later time than the full receipt of the amount due for payment by Turrones La Colmena.
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 understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that if they detect an error when entering necessary data to process their purchase request on the Website, they may modify it by contacting Turrones La Colmena, S.L. through the contact sections enabled on the Website, and, where applicable, through those enabled for contacting 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 their personal login area on the Website.
In any case, before clicking “Place Order,” the User has access to the area, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for 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, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
In cases where the User acquires products on or through the owner’s Website, they are entitled to a series of rights, as listed and described below:
The User, as a consumer, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without needing to provide justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the Turrones La Colmena Website, or in the event that the goods comprising their order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, 14 calendar days from the day of the contract’s conclusion.
To exercise this right of withdrawal, the User must notify Turrones La Colmena, S.L. of their decision. They may do so, where applicable, through the contact sections enabled on the Website. For health protection and hygiene reasons, returns of food products that have been unsealed, opened, or handled after delivery will not be accepted.
Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Turrones La Colmena, S.L. makes available as an annex to these Conditions; however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, Turrones La Colmena, S.L. will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method different from the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Turrones La Colmena, S.L. is informed of the User’s decision to withdraw.
Turrones La Colmena, S.L. will reimburse the User using the same payment method that the User employed for the initial purchase transaction. This reimbursement will not incur any additional cost to the User. However, Turrones La Colmena, S.L. may withhold said reimbursement until it has received the products or purchased items, or until the User provides proof of their return, whichever 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 must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Turrones La Colmena, S.L. was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning (transport, delivery) the goods, if any is incurred. Furthermore, they will be responsible for any diminished value of the products resulting from handling other than what is 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 November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case for: customized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their factory-sealed packaging; products that for hygiene or health reasons are sealed and have been unsealed after delivery; supply of digital content not provided on a tangible medium.
In this same sense, the provision of a service that the User might contract on this Website is governed, as this same Law establishes that the Right of Withdrawal will not apply to 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 their acknowledgment that they are aware that, once the contract has been completely executed by Turrones La Colmena, S.L., they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond mere opening, or for products that are not in the same condition as when delivered or that have suffered any damage after delivery.
Likewise, products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, in addition to a copy of the purchase invoice.
You can download the withdrawal form at the following link: https://turroneslacolmena.com/wp-content/uploads/2020/08/Derecho-de-desestimiento.pdf
Return of defective products or shipping error
This refers to all cases where the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, must contact Turrones La Colmena, S.L. immediately and inform them of the existing non-conformity (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, whether a refund or, where applicable, 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 following 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 products returned due to a defect, when genuinely existing, will be fully reimbursed, including delivery costs and any costs the User may have incurred to make the return. The refund will be made by the same payment method the User used to pay for the purchase.
In any case, the rights recognized by current legislation at all times for the User, as a consumer, will always apply.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products they may purchase through this Website, under the terms legally established for each type of product, for which Turrones La Colmena, S.L. is responsible. The legal guarantee will be applicable taking into account the perishable nature of the food products and their best-before dates. Once the order has been delivered, the customer must store the products according to the storage instructions included on the labeling. The User must carefully review the information on ingredients and allergens before making a purchase.
In this regard, products are understood to conform to the contract provided that: they match the description provided by Turrones La Colmena, S.L. and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they exhibit the quality and performance customary 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 on Return of defective products or shipping error. However, some of the products sold on the Website may present non-homogeneous characteristics, provided these derive from the type of material they are made from, and which therefore form part of the product’s individual appearance, and will not constitute a defect.
9. EXEMPTION FROM LIABILITY
Unless legally stipulated otherwise, Turrones La Colmena, S.L. will not accept any responsibility for the following losses, regardless of their origin:
- any losses not attributable to any breach on its part;
- business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or
- any other indirect loss not reasonably foreseeable by both parties at the time the contract for the sale of products between both parties was formalized.
Likewise, Turrones La Colmena, S.L. also limits its liability in the following cases:
- Turrones La Colmena, S.L. applies all measures concerning providing a faithful visualization of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to lack of screen resolution, browser issues, or other similar reasons.
- Turrones La Colmena, S.L. will act with the utmost diligence to make the product subject to the purchase order available to the transport company. However, it is not responsible for damages resulting from a malfunction of the transport, especially due to causes such as strikes, road delays, and in general any others inherent to the sector, which result in delays, losses, or theft of the product.
- Technical failures due to fortuitous causes or other reasons that prevent the normal functioning of the service via the internet. Unavailability of the Website due to maintenance or other reasons that prevent the service from being available. Turrones La Colmena, S.L. uses all means at its disposal to carry out the process of purchase, payment, and shipping/delivery of products; however, it is exempt from liability for causes not attributable to it, force majeure, or unforeseen circumstances.
- Turrones La Colmena, S.L. will not be responsible for the misuse and/or wear and tear of products that have been used by the User. At the same time, Turrones La Colmena, S.L. will also 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, S.L. will not be responsible for any non-compliance or delay in the fulfillment of any of the assumed obligations when it is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
- Strikes, lockouts, or other industrial action.
- 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.
- Impossibility of using trains, ships, aircraft, motor transport, or other means of public or private transport.
- Impossibility of using public or private telecommunication systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Thus, obligations will be suspended during the period that the force majeure event continues, and Turrones La Colmena, S.L. will have an extension in the period to fulfill them for a period equal to the duration of the force majeure event. Turrones La Colmena, S.L. will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with Turrones La Colmena will be electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Turrones La Colmena, S.L. 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, S.L. through the contact details provided in these Conditions and, where applicable, through the contact sections of the Website.
Likewise, unless otherwise stipulated, Turrones La Colmena, S.L. may contact and/or notify the User at their email address or the postal address provided.
11. WAIVER
No waiver by Turrones La Colmena, S.L. of a specific right or legal action or the failure of Turrones La Colmena to demand strict compliance by the User with any of their obligations shall constitute a waiver of other rights or actions derived from a contract or the Conditions, nor shall it exempt the User from fulfilling their obligations.
No waiver by Turrones La Colmena, S.L. of any of these Conditions or of the rights or actions derived from a contract shall be effective, unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. SEVERABILITY
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and Turrones La Colmena in relation to the object of 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, S.L. acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The personal information or data that the User provides to Turrones La Colmena, S.L. during a transaction on the Website will be processed in accordance with the provisions of the Privacy 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 such information and data and declares that all the information or data provided are truthful.
15. APPLICABLE LAW AND JURISDICTION
The access, browsing, and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem, or disagreement that arises or is related to the access, browsing, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Turrones La Colmena, S.L. 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 their complaints, claims, or any other comment they wish to make to Turrones La Colmena, S.L. through the contact details 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 is received, a unique number will be assigned to track it.
Additionally, Turrones La Colmena, S.L. has official complaint forms available to consumers and users, which they can request from Turrones La Colmena, S.L. at any time, using the contact details provided at the beginning of these Conditions (General Information).
17. COMMENTS AND SUGGESTIONS
Your comments, complaints and suggestions will be welcome. Please send such comments or suggestions via our email help@turroneslacolmena.com or through the form https://forms.gle/4qTkoHYi3CAL2RHK8
