Terms of buying:
The conditions governing Distribuciones Gastronómicas IberSPAIN S.L., referred to in the previous paragraph, from now on (the conditions), may be modified at any time and without prior notice, and it will therefore be the responsibility of the user to read them each time they enter this website and before making use of it, given that the conditions applicable at the time of executing each purchase-sale operation will be those in force at the time the user confirms and completes the purchase action.
1.- Contracting parties:
1.1.- The seller:
All the articles acquired through this web page, are commercialised by Distribuciones Gastronómicas IberSPAIN S.L., with CIF B12954442, (from now on the company), which has its headquarters in C/ Obispo Salinas, nº 87, 2º D, in Castellón de la Plana (Castellón - Spain), registered in the Castellón Mercantile Register, in volume 1679, sheet 193, page CS-37846, inscription 1, which you can contact by e-mail at email@example.com.
1.2.- The buyer:
Any person who makes a purchase through this website, DECLARES to be of legal age (18 years old) and to be in full use of his or her capacity to act, and therefore to have legal capacity to enter into any Contract that must be generated as a result of the purchase/sale made.
The buyer undertakes not to place any false or fraudulent order. Any order of this nature, or that could be considered as such by the company, will be cancelled and could give rise to the exercise of criminal action, in accordance with the criminal jurisdiction referred to in the Legal Warning.
2.1.- Contracting data:
In case of not providing all the data required to make the delivery of the order, the company reserves the right to send or not the order requested, although, in the first case (that the order is sent), the buyer will be responsible in a personal and direct way for those damages caused to the company, to the website, to the people who manage it, to himself or to third parties, no matter how slight, for having provided incomplete, inaccurate, false or wrong data.
For the conditions developed in this contract to be considered effective, it will be necessary for Distribuciones Gastronómicas IberSPAIN S.L. expressly accept the user's order, as if this were not the case it would not have any validity, and therefore would not give any right to compensation from the buyer, except, once the concurrent circumstances have been attended to, the refund of the amount paid by the user in relation to the said transaction, provided that none of the damages referred to in the previous paragraph were attributable to the user, in which case the economic damage caused by the user would be discounted from the amount to be refunded.
2.2.- Order confirmation:
The order must be placed from start to finish following an online purchase process, so at no time should personal data be provided outside this process. This does not imply acceptance of the order by Distribuciones Gastronómicas IberSPAIN S.L., as any false or fraudulent order may be cancelled by the company. The acceptance of the order will only be confirmed when the user receives confirmation that his order has already been sent.
Only the purchase of those products listed in the confirmation you receive that your order has already been sent will be considered contracted. Distribuciones Gastronómicas IberSPAIN S.L. is not obliged to supply any other product that may have been ordered until the user is confirmed that the order has been sent by means of the shipping confirmation.
Distribuciones Gastronómicas IberSPAIN S.L. does not have stock of the products it sells, so their availability will be subject to the availability of each specific product from its own manufacturer. For this reason, in case of any problem regarding the supply of the requested products, such as a delay in the shipment or the exhaustion of its stock, the company reserves the right to offer information about other substitute products, with similar characteristics in terms of quality and price, which the buyer may acquire. If no other product is purchased, in substitution of the defendant initially, the company will reimburse the buyer any amount that the latter may have paid in relation to the products not sent.
The company reserves the right to modify, extend, reduce or eliminate, in part or in whole, the content of this website at any time and without prior notice, and therefore shall not be liable for any damage or inconvenience that such modifications may cause to users of the website or to third parties, and reserves the right to process or not process any order that may be requested.
2.3.- The delivery of orders:
The company will try, as far as possible, to ensure that all orders are delivered within the established deadlines in a standardised manner, taking into account the geographical area of delivery, although, given the existence of circumstances beyond the company's control, such as possible delays in the preparation of the order by the manufacturer as a result of a high volume of demand at a specific time, contingencies in the transport company, holidays in the places of transit or the place of delivery itself and other circumstances not attributable to IberSPAIN S.L. Gastronomic Distributions, a maximum delivery time of 30 days is established from the date of the order confirmation.
If for any reason the company is unable to comply with the delivery date, it will inform the recipient of this contingency and will provide him/her with the option of continuing with the purchase by establishing a new delivery date or cancelling the order with a full refund of the amount paid.
It will be understood that the order has been delivered to the addressee at the moment in which the latter, or a third party indicated by the latter, acquires material possession of the products sent, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
In the event that the carrier is unable to deliver the order due to the absence of the recipient, the former shall act in accordance with the rules and protocols of action that the company it works for has established for the delivery of its shipments. If the incident persists and the transport company could not have delivered the order to the addressee, due to a cause not attributable to IberSPAIN S.L. Gastronomic Distributions, once the protocols established for this purpose have been carried out, and once the time considered by the transport company has elapsed since the order is available for delivery, it may be returned to its place of origin, which will give rise to the resolution of this Contract.
When the resolution of the Contract occurs for reasons not attributable to Distribuciones Gastronómicas IberSPAIN S.L., the buyer will pay the shipping costs already paid, and will also be charged the extra costs incurred in returning the order to its manufacturer, and the amount resulting from the difference between the amount paid and the costs finally charged to him (shipping costs already paid and return costs incurred) will be returned to him in full.
The recipient must check that the packaging is in perfect condition and that the products purchased do not contain any anomalies or damage, in the presence of the carrier delivering the order.
The company shall not be liable for failure to comply with or delay in delivery periods, or for failure to comply with any other obligation assumed under this Contract, provided that this is due to causes that are reasonably beyond our control (force majeure), among which we can highlight the following:
- Any industrial action such as strikes, lockouts or similar.
- Declaration of some of the States of Alarm, Exception or Siege, and similar, as well as revolts, terrorist attacks or threats or covert wars.
- Catastrophes or natural disasters of the fire or explosion type, floods, earthquakes, subsidence or epidemics.
- When it is impossible to use public or private telecommunications systems, or to make use of any means of motor transport or any other type (plane, train, ship, etc.) public or private.
- In the event of the existence of acts, decrees or legislation emanating from any Authority with the capacity to do so and which may influence the clauses of this Contract.
- Any failure or accident that may affect the normal traffic of any type of transport (air, sea, river or land).
When such circumstances occur, all obligations that the company has undertaken in accordance with the clauses of this Contract shall be understood to be suspended and shall not be resumed until the cause of force majeure that prevents compliance with the same has been remedied.
3. Quality assurance:
In Distribuciones Gastronómicas IberSPAIN S.L. we guarantee the maximum quality of all our products, especially our hams and shoulders, thanks to the system of conservation and distribution that we have established.
When you make a purchase through this website, you will also be contracting our Quality Guarantee and will be the beneficiary of the same in all its terms, especially with regard to the quality of our products, their conservation and the quality controls established to guarantee the maximum quality of the same.
3.1.- The quality of our products:
This website will only offer products of the highest quality, made by manufacturers who have received several national and international gourmet food awards.
To this end, our staff will carry out a prior and individual study of each of the manufacturers whose products are offered on this website, in accordance with a series of parameters, to determine whether the quality of the products they produce meets our quality requirements and whether they are indeed among the best in the world. Among many other factors, our staff will value the national and international recognition of the quality of your products, as well as the continuity over the years in the production of the highest quality products.
The quality studies carried out by our staff will be periodic, in order to detect those products that soften their quality demands, so that they will no longer be part of our catalogue.
3.2.- The conservation of our products:
As it cannot be otherwise the best products in the world in gourmet food, they require the best conditions of conservation, so that all their properties are preserved intact until the very moment they are going to be tasted. That is why the company places special emphasis on the conservation process of all the products it markets, especially hams, shoulders and sausages, which require that they do not leave their manufacturing habitat until they are going to be consumed, thus preventing them from beginning to lose their organoleptic properties prematurely. So that when they are tasted they are at their peak of aroma and flavour.
In order to be able to guarantee the maximum quality of all our hams, shoulders and sausages, at iberSPAIN we have renounced the possibility of accumulating all the products offered in a large warehouse, which would be more lucrative for the company as it would considerably reduce its logistics costs, especially with regard to shipments, although this would mean a reduction in the organoleptic properties of this type of product, which would clash with our policy of offering our customers the maximum quality in all our products.
As it does not have a storage facility, the company ships all perishable products (ham, shoulder, sausages, etc.) directly from its manufacturing locations. It is therefore possible for you to receive your purchase in several packages. This is obviously less lucrative for us, as this generates an extra cost of shipping, although, as you can see, at iberSPAIN we value the quality of our products above all else. The reason for this is that there is no other possible way to guarantee the maximum quality of our hams and shoulders, up to the very moment they are going to be tasted, as each type of ham requires unique cold and damp conditions, which are impossible to imitate and which can only be achieved in the area of the cellar where the piece is found during the production process, where they occur naturally.
This distribution system is the only one that allows us to guarantee that all our hams and shoulders are protected by the highest quality when they are sent to our clients, conserving their maximum splendour of aroma and flavour, as well as all their organoleptic properties intact.
3.3.- Quality controls:
All the products that you can acquire through this web site will be subjected to strict quality controls during their elaboration process, which will be watched over with suspicion by the manufacturers themselves.
Independently of this manufacturing control, the vast majority of our products, especially hams, shoulders and loins, will be subject to even more demanding quality controls, compliance with which will be monitored by the Regulatory Councils of the respective Protected Designations of Origin (PDO), which are independent of the producing companies. To this end, they will carry out an exhaustive monitoring of each piece, from the very conception of the pig, also certifying its birth, development and feeding, as well as the slaughter process and the different stages of production through which the product will pass, discarding in any part of this long process, those pieces that do not comply with the strict quality measures, established by these Regulatory Councils to certify the final product.
In addition to the quality controls established to carry out the preparation of the products offered on this website, a specialised operator will examine each piece at the manufacturer's own facilities, just before it is sent, carrying out the draughting and analysis of the pieces, thus preventing you from receiving a product that does not meet the best quality conditions.
4. Prices and payments:
4.1.- Retail Price (RRP):
All the prices that appear on this website include VAT, although they exclude delivery costs, which will be added to the total amount before the end of the purchase process, as these will fluctuate depending on the order placed and the destination of the order.
The price of the products will be that marked on our websites, unless there is an involuntary error on the part of Gastronomic Distributions IberSPAIN S.L., when marking the price of the product in question, which is clearly observable. In this case the buyer will be informed as soon as possible, offering him the possibility of reconfirming his order at the correct price or cancelling it. If, for any reason, Distribuciones Gastronómicas IberSPAIN S.L. is unable to contact the buyer, the order will be cancelled and the amount already paid by the buyer will be refunded in full.
Distribuciones Gastronómicas IberSPAIN S.L. will not be obliged to send any product at a lower price than the one marked as retail price, just because it appears on its website as the correct price, as long as this error leads to the wrong price being obvious and unmistakable, so that it can be reasonably recognised by the buyer as an incorrect price.
The company reserves the right to modify, extend, reduce or eliminate, in part or in whole, the content of this website at any time and without prior notice, which could lead to a variation in the retail prices, although these possible changes will not affect orders for which the order confirmation has already been sent to the buyer.
The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question, in accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax, or those modifications applicable to it and in force at any given time.
4.2.- Payments by card:
In the case of purchases by means of payment cards, the purchaser, on confirming the payment, DECLARES that he/she is the holder of the credit card used to make the payment.
All the credit cards used in this web site will be subject to verification and authorization by the different issuing entities, so if the issuing entity does not authorize the payment, Distribuciones Gastronómicas IberSPAIN S.L. will not formalize any Contract of Sale with the buyer, nor will it send any order to the buyer, as long as the payment is not made.
4.3.- Payments by bank transfer:
Similarly, if it is not possible to formalise the purchase by means of a card payment, the buyer can always purchase any of our products by means of a bank transfer to:
- Bank: BBVA
- Owner: Distribuciones Gastronómicas Iberspain SL
- Count: ES51 0182 1071 6802 0154 6504
5.1.- Right to withdraw from the purchase:
The buyer will have the right to cancel this Agreement for a period of 14 calendar days, counting from the moment that the buyer, or a third party on his behalf, has acquired possession of all the products that make up his order, provided that they are NON-perishable products. To do this you must notify your decision to cancel this Contract to Distribuciones Gastronómicas IberSPAIN S.L., by email to firstname.lastname@example.org, or through our Contact Form, providing the following details:
- Products to be returned
- Reason for return
- Date of purchase
- Date when the delivery man delivers the shipment
- Buyer's details
- Order number
No justification will be required to withdraw from this Contract, provided that such withdrawal is made within 14 calendar days from the time when the purchased product is delivered and the return of NON-perishable products is involved. To this end, it will be sufficient for the communication referred to in the previous paragraph to be sent within the established period (14 days).
If the buyer exercises his or her right of withdrawal, the company will refund the full amount of the transaction, including shipping costs, provided that the buyer has not chosen a delivery method that is more expensive than the ordinary delivery offered by the company, in which case only the additional shipping costs will be charged.
The company will not refund any amount unless the products that have been withdrawn from the purchase have been previously received and checked to ensure that they are in perfect condition.
Once the returned products have been received and their good condition checked, within a maximum period of 14 calendar days, the company will return to the buyer the amount of the returned products, as well as the amount that would have been incurred in standard shipping of the same, charging the buyer the additional expense incurred as a result of having selected a more expensive shipping and delivery method.
The corresponding refund will be made using the same means of payment as the one selected for the purchase transaction.
5.2.- Returnable products and their condition:
The purchaser will only have the right to withdraw from the Contract whose object is the supply of goods that may deteriorate or expire rapidly, when these are accepted by the manufacturer itself as being defective.
He may only withdraw from the Contract when the returned products are in their original, unopened packaging and in the same condition in which the buyer received them.
5.3.- Guarantee of return:
Distribuciones Gastronómicas IberSPAIN S.L. guarantees the return of all its products during a period of 14 days and in accordance with the following peculiarities for each type of product:
Guarantee of return of non-food products:
It will be an indispensable requirement that the product has not been used, no used product being refundable, that it is not in the same conditions in which it was delivered, or that it has suffered any damage, unless this cannot be blamed on the buyer.
In order to carry out the refund, the product must be returned as it was delivered, including its instructions and attached documents, as well as all its original packaging in perfect condition.
The purchaser is obliged to inspect and check the good condition of all consignments received, in front of the courier company's employee, stating on the document he signs in order to make the delivery effective, the deterioration observed in the packages received, as well as the damage observed in the product, caused by possible blows suffered during transport. Otherwise, although the goods are insured, the courier company will not be able to deliver them.
The buyer is obliged to inspect and check the good state of conservation of any shipment received, in front of the employee of the courier company, stating in the document that he signs to make the delivery effective, the deterioration observed in the packages received, as well as the damages observed in the product, originated on the occasion of possible blows suffered during its transport. Otherwise, despite the fact that the goods are insured, the courier company will not be responsible for the deterioration of the goods during transport, and the company understands that the damage to the products may have been caused by the buyer.
Guarantee of return of NON perishable food products:
Any non-perishable food product (oils, preserves, etc.) or with a best-before date or a long expiry date (more than one year) may be returned provided that it is in the same condition as when it was delivered.
In order to reimburse a NON-perishable food product, it must be unopened, in perfect condition and include all its original packaging in perfect condition.
Guarantee of return of perishable food products:
Perishable products are understood to be hams, shoulders and sausages in general, since when they are sent, they begin to lose some of their organoleptic properties, and it is recommended that they be consumed within a maximum period of 6 months, once they leave the manufacturer's cellar, since otherwise, depending on the product's conservation conditions, it could lose most of its culinary properties.
This type of product can be returned provided that it is not in good condition and has not suffered a loss of more than 25% of its original weight. No refund will be made for any product whose main piece does not reach at least 75% of its original weight.
It will be a requirement for the refund of a perishable food product that is defective or in poor condition and that the manufacturer or distributor accepts it as such. The company makes available to you on this website a "Ham and Shoulder Quality Guide", from which you can check whether the piece purchased is in poor condition or not.
All our products are examined by specialised personnel at the manufacturer's own facilities before being sent to our customers, which guarantees their maximum quality. Despite this, if you believe that your product could be defective, you should communicate this to Distribuciones Gastronómicas iberSPAIN SL by means of an email to email@example.com, as in this case you will be able to make use of our "Guarantee of Return" in the form that best suits you, in accordance with the terms expressed in this Contract.
In the case of whole hams and shoulders, it will be necessary for the product to keep the original seals and labelling around the shank (taken from the leg), which will also be extendable in the case of sausages.
5.4.- Return of products:
In order to return the products whose purchase he desisted from, the buyer must send them to the address indicated by the company in each specific case, for which he may use the delivery company he deems appropriate, or request that they be collected by one of the courier companies agreed by the company, in this case benefiting from the same shipping conditions that the company in question has agreed with the company. In any case, the direct costs due to the return of the products shall be borne by the buyer, unless the products are defective for reasons not attributable to the buyer, as will be specified below.
If the buyer chooses to return the products through one of the courier companies contracted by the company, the cost generated by this transaction will be passed on to him in full and discounted from the amount to be returned by the company.
The company may decline to take charge of the return of the products to be returned by using the courier companies with which there are agreements for this purpose, in which case, the buyer will be responsible for returning the products whose purchase he wishes to cancel. In the latter case, the buyer will not be reimbursed for the shipping costs of the returned products.
When the purchaser decides to return the goods purchased carriage forward, the company shall be authorised to charge the purchaser for the amount of the costs it may incur, as well as to refuse to collect the goods, as it deems appropriate in each case.
5.5.- Return of defective products:
In the case of non-food products sold on the websites owned by Distribuciones Gastronómicas iberSPAIN SL, these present the characteristics of the natural materials used in their manufacture, such as variation in the veins, texture and colour, among others, which will not be considered as defects when cataloguing a product as defective.
When it comes to a ham, shoulder or sausage, we advise you to follow the steps in our "Guide to the Quality of Ham and Shoulder" to determine whether the piece is defective or not, as well as to contact the company (firstname.lastname@example.org or Contact Form) before returning the products, as these may not be considered defective by the manufacturer.
The buyer, or the person who collects the order from the buyer's home, will be obliged to check in the presence of the carrier that all the packaging is in perfect condition, free of shocks, and that the products purchased do not present any anomaly as a result of transport.
If you observe any kind of anomaly in the packaging of the purchased products, you will have to write down in the receipt that you have to sign to the courier, these anomalies, as well as the damages suffered by the goods, and inform IberSPAIN S.L. Gastronomic Distributions immediately and without delay, of the incident produced through the e-mail email@example.com or through our Contact Form.
If such a situation should occur, and as a result of the blows suffered, the products acquired should present some defect, ALWAYS THE BUYER HAS CONSIGNED IT IN THE PICK UP WRITING LIST of the carrier, so that the transport insurance takes charge of the damages, the company will offer you the possibility of receiving a new order equal to the one requested at the first time, without any additional cost on your part, or the possibility of terminating this Contract by returning the full amount (including shipping costs) that would have been charged to you.
In this case, whether the buyer decides to receive a new order similar to the one purchased in the first instance, or decides to terminate the Contract, he must send the company the delivered and defective goods, following the instructions given by the company for this purpose. This will of course not result in any cost to the buyer as long as he follows the company's instructions for returning the goods. If the buyer does not follow the company's instructions to return the goods, the company will not be responsible for the shipping costs incurred in returning the goods.
It is a prerequisite, both for the company to order the delivery of the new order and for the contract to be terminated, that the returned goods are actually delivered to the company at the address indicated by the company for each specific case.
5.6.- Provisions common to returns:
The purchaser, or the person who collects the order from the purchaser's address, shall be obliged to check in the presence of the carrier that all the packaging is in perfect condition, free from damage, and that the products purchased do not present any anomaly as a result of transport.
Whenever the buyer wishes to make a return, he must first contact the company by e-mail at firstname.lastname@example.org or by using our Contact Form and provide the following information:
- Products to be returned
- Reason for return
- Date of purchase
- Date when the delivery man delivers the shipment
- Buyer's details
- Order number
So that the company can tell you the steps to follow and confirm that a refund is indeed possible (in accordance with the clauses of this contract).
In the event of a return, you must return the goods in the same package as you received them, following the instructions that the company will give you once you have contacted it by email at email@example.com.
The company will only reimburse the return shipping costs when the return is due to a defect or anomaly in the product, and provided that the buyer has followed the company's instructions for return, otherwise it will be the buyer who bears the cost of the return.
The return of any product does not guarantee the return of the product by the company, as there are products to which the Return Guarantee cannot be applied.
Once the returned product has been examined either by qualified personnel of the company or by the manufacturer himself, the decision taken regarding the return of the product will be communicated to the buyer.
Transport costs will only be reimbursed in the case of a defective product whose right of withdrawal is exercised within the legal period (14 days).
The buyer shall bear the cost and risk of any damage to the products as a result of the return if the products are returned, unless the company decides otherwise on a case-by-case basis in accordance with the provisions of this contract.
6.- Contractual responsibility:
The company's responsibility in relation to any product acquired from this website will be limited solely to the purchase price of said product, unless otherwise expressly stated in these General Conditions.
Although the company makes every effort to ensure the safety of all visitors to its website, given the open nature of the website and therefore the possibility of errors in the storage and transmission of information, it does NOT guarantee the accuracy and security of the information transmitted and obtained through this site.
Any type of guarantee, which is not expressly regulated in this contract, is excluded, unless it cannot be legitimately excluded with respect to consumers and users in accordance with the legislation in force at any given time.
7.- Waiver, nullity, contractual modifications and transfer of rights:
The inaction or lack of requirement on the part of the company to demand strict compliance with the obligations contracted when making use of this website, will not imply any waiver or limitation of your rights on the part of the company, nor will it exonerate you from complying with such obligations.
Any waiver by the company of a specific right in this Contract must be made expressly and tacitly, and any verbal waiver that is not subsequently reiterated in writing shall not be valid, nor shall such waiver be applicable to any other right of those expressed in this Contract.
Any judicial resolution or one issued by the competent authority that may declare any of the provisions of this Contract null and void shall not exonerate you from compliance with the remaining provisions.
The company reserves the right to review and modify these conditions at any time and without prior notice. Notwithstanding the above, you will be subject to the Policies and Conditions of Use that are in force at the time you use this website and place an order, unless otherwise determined by law.
This Contract shall be binding both on the parties involved and on their successors, assigns and assignees.
The buyer may not assign or transfer in any way the obligations and rights arising from this Contract provided that there is no prior written consent from the company to the contrary.
The company may assign or transfer this Contract, as well as part of the rights and obligations derived from it, at any time during its validity. This may not in any way affect the rights that you have recognised by Law, nor may it limit or cancel any guarantees that may have been granted to you on the basis of it.