PURCHASE POLICY
1. OWNERSHIP OF THE PORTAL
2. GENERAL TERMS OF USE AND ACCEPTANCE
By browsing the Portal and/or using the services included in the Store, you acquire the status of User. Both browsing and using and/or purchasing any of the products in the Store imply your acceptance, as a User, without reservation, of each and every one of these General Terms of Use, the General Terms and Conditions of Sale that may govern the purchase of goods or the provision of services, and, where applicable, the Specific Terms and Conditions that may govern the purchase of products or the provision of services.
2.2. LACTEAS GARCIA BAQUERO, as appropriate, may at any time and without prior notice, modify these General Terms of Use, as well as the General Terms of Contract set out in Title III below, and/or the specific terms that may be included, by publishing said modifications in the Store so that they can be known by the Users, always before visiting the Store or acquiring any goods offered in the Store.
TITLE II: “GENERAL CONDITIONS OF USE OF THE PORTAL”
1. PERSONAL DATA PROTECTION POLICY.
1.2 The User expressly accepts the inclusion of data collected during browsing of the Store, or provided through the completion of any form, as well as data derived from the commercial relationship and/or delivery of the Products, in the automated personal data file referred to in section one, which corresponds to the User’s geographical location. During the data collection process, and in each section of the Store where such data is requested, the User will be informed, either via a hyperlink or directly in the form, whether providing such data is mandatory or optional for the delivery of the Products, except for placing orders. In the latter case, LACTEAS GARCIA BAQUERO hereby informs the User that providing such data will not be considered voluntary, and therefore, it will be necessary to include the data relating to identity, address, and credit card number for payment, as this data is required for the formalization and completion of the sale.
1.3 With respect to the data collected as described in the preceding section, the User may exercise the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification, cancellation, and objection, where applicable, as well as the right to withdraw consent for the transfer of their data or for any of the uses indicated above. The rights referred to in the preceding paragraph may be exercised by each User by completing the cancellation request form located on their registration page in the Store. The written and signed request may be sent by mail to the following address: Lácteas García Baquero, S.A., Pol. Industrial Alces 23 y 25, 13600 Alcázar de San Juan (Ciudad Real), Spain, attaching a photocopy of the User’s National Identity Document (DNI).
1.4 LACTEAS GARCÍA BAQUERO informs users that access to certain content or services offered in the online store may require the prior completion of registration forms, or similar, in which users are asked to provide personal data. Furthermore, LACTEAS GARCÍA BAQUERO may, in order to improve its services, activate “cookies” to collect user data.
1.5 LACTEAS GARCIA BAQUERO undertakes to use the data included in the aforementioned files, to respect their confidentiality and to use them in accordance with the purpose of said files, as well as to comply with its obligation to keep them safe and adopt the Security Measures established in Royal Decree 1720/2007, of December 21, which approves the Regulation of development of Organic Law 15/1999, of December 13, on the Protection of Personal Data.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS
2.2 Under no circumstances shall it be understood that any license is granted or that there is any waiver, transfer, assignment, total or partial of said rights, nor shall any right or expectation of right be conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication over said contents without the prior express authorization of LACTEAS GARCIA BAQUERO or the corresponding owners.
2.3 No link to the Store may be established from any other website without the prior and express consent of LACTEAS GARCIA BAQUERO.
3. USER OBLIGATIONS
3.2 Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the Store, as well as in the provision of the services to:
- (i) In the case of registering, the User is obliged to provide truthful data and to keep it updated;
- (ii)Do not introduce, store or disseminate in or from the Store any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, the honor, privacy or image of third parties and in general current regulations;
- (iii) Do not introduce, store or disseminate through the Store any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that may cause damage to the Store, to any of the Services, or to any of the equipment, systems or networks of LACTEAS GARCIA BAQUERO, of any User, of the same suppliers or in general of any third party, or that in any other way may cause any type of alteration or prevent the normal functioning of them;
- (iv) to properly safeguard the “Username” and “Password” provided by LACTEAS GARCIA BAQUERO to Users, as identifying and enabling elements for access to the Services, undertaking not to transfer their use or allow access to them by third parties, assuming responsibility for any damages that may arise from their misuse. Likewise, the user undertakes to notify LACTEAS GARCIA BAQUERO, as quickly as possible, of their loss or theft as well as any risk of access to the “Username” and/or “Password” by a third party;
- (v) Do not carry out advertising, promotional or commercial exploitation activities through the Store, not using the content and in particular the information obtained through the Store to send advertising, send messages for direct sales purposes or for any other commercial purpose, nor to collect or store personal data of third parties;
- (vi) Do not use false identities, nor impersonate others when using the Store or any of the Store’s services, including the use of third-party passwords or access codes or in any other way;
- (vii)Do not destroy, alter, use for your own purposes, disable or damage the data, information, programs or electronic documents of LACTEAS GARCIA BAQUERO, its suppliers or third parties;
- (viii) Do not introduce, store or distribute through the Store any content that infringes intellectual property rights, industrial property rights or trade secrets of third parties, or in general any content that you do not have the right to make available to third parties in accordance with the law.
4. COMMUNICATIONS.
LACTEAS GARCIA BAQUERO will communicate with the User using the contact information provided during registration on the website.
The User expressly agrees that email will be used as a valid method for sending all communications related to the use of the website and/or the purchase of goods.
5. APPLICABLE LEGISLATION.
TITLE III: “CONDITIONS FOR ELECTRONIC SALES BETWEEN LACTEAS GARCIA BAQUERO AND USERS”
GENERAL CONTRACTUAL CONDITIONS. PRE-CONTRACTUAL INFORMATION
LÁCTEAS GARCIA BAQUERO, S.A. (retail distribution through physical stores and the online supermarket tienda.garciabaquero.com)
DATA FROM GARCIA BAQUERO
1.3 By using the Portal and/or purchasing any of the products in the Store, you, as the User, accept without reservation each and every one of the General Terms and Conditions of Sale, the General Terms and Conditions of Use of the Portal, and, where applicable, the Specific Terms and Conditions that govern the purchase.
1.4 LACTEAS GARCIA BAQUERO informs you that the procedures for purchasing goods are those described in these general terms and conditions, as well as any other specific procedures indicated on screen during navigation. The User acknowledges and accepts these procedures as necessary to access the products and services offered on the Portal.
1.5 Any modification and/or correction of the data provided by Users during navigation must be carried out according to the instructions provided on the Portal.
2. PRODUCTS OFFERED. PURCHASE SYSTEM.
2.2. To purchase products in the Store, Users will be required to register. Users, who must be over eighteen (18) years of age, must complete the on-screen instructions, which will require following these steps, as well as any others included on the various screens of the Store:
(i) Complete the electronic form that appears on the Store at any given time, following the instructions provided.
(ii) Click the corresponding icon/button to confirm the transaction.
(iii) Receive an email confirming the registration in the User’s account.
The Username and Password are identifying and enabling elements for accessing and making purchases and are personal and non-transferable.
The Username cannot be changed by the User, but the password can be changed, in which case the modified password will become invalid.
2.3. Once registered, to purchase Products, the User must add the desired product to the Shopping Cart, following the on-screen instructions. After selecting all products, the User will confirm the delivery date and accept the purchase, which implies the irrevocable reading and acceptance of each and every one of these General Terms and Conditions, as well as any applicable Special Terms and Conditions. Purchase prices will be those in effect at the time the order is placed.
2.4. Once the purchase is made, the Customer Service Department of LACTEAS GARCIA BAQUERO will send the User a purchase confirmation via email as soon as possible. The Customer may also request, and LACTEAS GARCIA BAQUERO will send, the corresponding invoice. The order confirmation and purchase receipt are not valid as an invoice.
2.5 LACTEAS GARCIA BAQUERO reserves the right to cancel the Username and password, and therefore access to the Store for those users who have outstanding or unpaid balances with our company.
3. PAYMENT METHOD, DELIVERY AND CANCELLATION OF ORDERS.
As an electronic payment system, LACTEAS GARCIA BAQUERO, as applicable, has an e-commerce payment gateway installed. All data provided for this purpose is encrypted to guarantee maximum security. It is hosted on a secure server certified according to the SSL protocol by Thawte. Furthermore, LACTEAS GARCIA BAQUERO states that it does not, under any circumstances, store the data provided by Users through the payment gateway, and that it is only retained while the purchase and payment are being processed and until the withdrawal period has expired.
In order to guarantee the greatest security for our customers, LACTEAS GARCIA BAQUERO reserves the right to request the documents corresponding to the identity and means of payment of the User, prior to the delivery of the order.
3.2 The Store ships to mainland Spain and the Balearic Islands. Shipments are always sent refrigerated to ensure optimal preservation. LACTEAS GARCIA BAQUERO is obligated to deliver the goods purchased by the User to the Buyer’s address indicated on the order form (products will not be delivered to P.O. boxes), within the agreed timeframe of 3-4 business days. The shipping and billing addresses can be the same, although a different delivery address can also be specified. In this case, the fields for each address must be completed. Orders are prepared once payment has been confirmed.
3.3. The User/Buyer will have a period of fourteen (14) business days, according to the official calendar of their place of residence, to cancel the purchase without penalty. Please note that in the event of a return, the consumer will only be responsible for the shipping costs, even if exercising the right of withdrawal.
The fourteen-day period established in the preceding paragraph will be calculated from the date the Buyer receives the purchased goods. In any case, it will be understood that the Buyer has been informed of the right of withdrawal from the moment they enter the Store, which requires reading and accepting these General Terms and Conditions, and in any case from the moment they place the order.
Requests for order returns must be made via email. pedidostiendaonline@garciabaquero.com. Once the User/Buyer has exercised the right of withdrawal, LACTEAS GARCIA BAQUERO will return the amounts received by credit, without any deductions, immediately and never in a period exceeding thirty days.
Notwithstanding the foregoing, the right of withdrawal and/or termination is excluded in cases where, due to the very nature of the goods being purchased, it is impossible to exercise this right, without prejudice to any claim for damages suffered. LÁCTEAS GARCIA BAQUERO provides a Consumer Service form for submitting any complaints.
4. APPLICABLE LEGISLATION.
4.2 The language of this contract and all matters relating to it shall be Spanish.
4.3 Any dispute may be resolved out of court in accordance with Article 14 of the EU Regulation 524/2013 (https://www.boe.es/doue/2013/165/L00001-00012.pdf) https://consumo.castillalamancha.es/sede_electronica/arbitraje_de_consumo and in case of legal dispute, it may be resolved in the existing courts respecting the consumer’s jurisdiction.