Terms and Conditions

This contractual document governs the General Terms and Conditions for the purchase of goods that may deteriorate or expire rapidly (hereinafter, the “Terms”) through the website oleopalma.com, owned by OLEOPALMA S.A.T. under the trade name OLEOPALMA S.A.T., hereinafter the PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Terms shall remain published on the website and available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to review them periodically, as the Terms in force at the time of placing an order shall apply.

Contracts shall not be subject to any formality other than in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• Has read, understands and comprehends the contents herein.
• Is a person with sufficient legal capacity to enter into contracts.
• Assumes all obligations set out herein.

These Terms shall be valid for an indefinite period and shall apply to all purchases made through the PROVIDER’s website.

The PROVIDER states that it is a responsible business, is familiar with the legislation in force in the countries to which it ships products, and reserves the right to unilaterally modify the Terms, provided that such modifications do not affect goods or promotions acquired prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the food products contracted by the USER is OLEOPALMA S.A.T., with registered address at CTRA. DE PALMA DEL RIO, KM. 5, 14700, PALMA DEL RIO (CORDOBA), Spain, Tax ID F14615983, and with customer service telephone number +34 957 644 936.

On the other hand, the USER, registered on the website with a username and password for which they bear full responsibility for use and safekeeping, and who is responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER, arising when the USER accepts the corresponding checkbox during the online purchasing process.

The contractual purchase and sale relationship entails the delivery, in exchange for a specified and publicly displayed price on the website, of Extra Virgin Olive Oil.

Purchasing procedure

In order to access the products offered by the PROVIDER, the USER must be of legal age and register on the website by creating a user account. To this end, the USER must freely and voluntarily provide the personal data requested, which shall be processed in accordance with Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of 5 December (LOPDGDD), on personal data protection, as detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of any loss or theft, or possible access by an unauthorised third party, so that immediate blocking can be carried out.

Once the user account has been created, the USER is informed that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the purchasing procedure shall follow these steps:

1. General terms of contract.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Competence.
7. General offer conditions.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchasing process.
12. Severability and suspension or termination of the contract.
13. Applicable law and jurisdiction.

1. GENERAL TERMS OF CONTRACT

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The delivery period shall be between 2 and 6 working days, depending on the destination and the chosen payment method. This timeframe applies provided that stock availability has been confirmed and full payment of the order has been verified.

Should the PROVIDER fail to deliver the goods within 30 calendar days of the agreed delivery date due to lack of product or service availability, the USER shall be informed and shall be entitled to cancel the order and receive a full refund at no cost, without any liability for damages being attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER in refunding the total amount, the USER may claim double the amount owed, without prejudice to the right to be compensated for any damages suffered in excess of that amount.

The PROVIDER shall not assume any responsibility when delivery fails to take place due to the data provided by the USER being false, inaccurate or incomplete.

Delivery shall be deemed completed at the moment the carrier makes the products available to the USER and the USER, or their delegate, signs the delivery receipt.

It is the USER’s responsibility to inspect the products upon receipt and to note any reservations and complaints that may be justified on the delivery receipt.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://oleopalma.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase contract in the case of a service, to exercise the right of withdrawal, as regulated in Article 102 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RLD 1/2007. If the PROVIDER fails to comply with the duty to inform and document the right of withdrawal, the period for its exercise shall expire twelve months after the expiry date of the initial withdrawal period, in accordance with Article 105 of RLD 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RLD 1/2007, as set out here.

All returns must be communicated to the PROVIDER by requesting a return number through the form provided for this purpose, or by email to info@oleopalma.com, stating the corresponding invoice or order number.

If the return is not made in the original delivery packaging, the PROVIDER may charge the USER a cost of €30, having previously informed the USER through the same communication channel used.

Once the USER has received the return number, the product shall be sent to the PROVIDER, indicating this number on the shipping note, with transport costs borne by the USER, to the address of OLEOPALMA S.A.T., CTRA. DE PALMA DEL RIO, KM. 5, 14700, PALMA DEL RIO (CORDOBA), Spain.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint the USER deems appropriate shall be dealt with as promptly as possible, and may be submitted to the following contact addresses:

Post: OLEOPALMA S.A.T., CTRA. DE PALMA DEL RIO, KM. 5, 14700, PALMA DEL RIO (CORDOBA), Spain
Phone: +34 957 644 936
Email: info@oleopalma.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a resolution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

Neither party shall be held liable for any failure due to force majeure. The fulfilment of the obligation shall be deferred until the force majeure event ceases.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these Terms is deemed illegal, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions.

The USER declares that they have read, understood and accepted these Terms in their entirety.

7. GENERAL OFFER CONDITIONS

All sales and deliveries made by the PROVIDER shall be subject to these Terms.

No modification, alteration or agreement contrary to the Commercial Proposal of OLEOPALMA S.A.T. or to the provisions herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case such particular agreements shall prevail.

The PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, provided that this does not affect the value of the products offered. Such modifications shall also apply if, for any reason, the ability to supply the products offered is affected.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance or any other additional services related to the product purchased.

The prices applicable to each product are those published on the website and are expressed in Euros (EUR). The USER acknowledges that the price of some products may vary in real time.

Before making a purchase, the USER may check all budget details online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.

Once the order has been placed, prices shall be maintained regardless of whether the products are available.

Every payment made to the PROVIDER shall result in the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice shall be sent in paper format together with the purchased product. The invoice may also be downloaded in PDF format by accessing the website’s management panel with the user account. If the USER wishes to receive it by email, they must request this through any of the means made available by the PROVIDER, and may revoke this decision at any time.

For any enquiries regarding an order, the USER may contact the PROVIDER’s customer service line on +34 957 644 936 or by email at info@oleopalma.com.

9. SHIPPING COSTS

Prices do not include shipping costs or supplementary services, unless expressly agreed otherwise in writing.

Shipping costs are calculated at the time of saving the basket or quote, as they are based on product weight and delivery address.

Free shipping on orders over €89, excluding shipping costs.

Córdoba Province:
0-5 kg: €6.65
5-20 kg: €7.85
20-25 kg: €9.07
25-30 kg: €14.52
30-35 kg: €19.36
35-40 kg: €24.20
Each additional 5 kg: €29.04

Rest of Andalusia:
0-20 kg: €8.47
20-25 kg: €9.07
25-30 kg: €14.52
30-35 kg: €19.36
35-40 kg: €24.20
Each additional 5 kg: €29.04

Rest of Spain (excluding Ceuta, Melilla, Balearic Islands and Canary Islands):
0-25 kg: €9.68
25-30 kg: €14.52
30-35 kg: €19.36
35-40 kg: €24.20
Each additional 5 kg: €29.04

Ceuta, Melilla, Balearic Islands and Canary Islands:
No shipments are made to these destinations.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for financial transactions and offers the following payment methods for orders:

• Credit card
• Bank transfer
• PayPal

The USER may apply a discount coupon prior to completing the purchase, if one has been received from the PROVIDER.

Security measures

The website uses industry-standard information security techniques, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all aimed at preventing unauthorised access to data. To achieve these objectives, the user/customer agrees that the PROVIDER may obtain data for the purposes of access control authentication.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, or that could potentially damage their goodwill or have a negative influence on them.

The following activities are prohibited under the card brand programmes: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

11. PURCHASING PROCESS

Any product from the catalogue may be added to the basket. The basket displays only the items, quantity, price and total amount. Once the basket is saved, taxes, charges and discounts will be calculated based on the payment and shipping details entered.

Baskets have no administrative commitment; they are simply a section where a quote can be simulated with no obligation on either party.

From the basket, an order can be placed by following these steps:

1. Verify billing details.
2. Verify shipping address.
3. Select payment method.
4. Place order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email address confirming the order, its status and the estimated shipping and/or delivery date.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is deemed illegal, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions.

OLEOPALMA S.A.T. may, without prior notice, suspend or terminate the USER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

When OLEOPALMA S.A.T. exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to OLEOPALMA S.A.T.

13. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with Spanish law in all matters not expressly established herein. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services covered by these Terms.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction and submit to the Online Dispute Resolution Body, which shall act as an intermediary between both parties in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts. For further information, please refer to clause “4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION” of these Terms.