JAMONARIUM GENERAL TERMS AND CONDITIONS
181 Distribucions S.L. (hereinafter, “JAMONARIUM”), a Spanish company, with tax identification number (C.I.F.) B66154964 and registered office at paseo San Juan 181, 08037 Barcelona, registered in the Trade Register of Barcelona, Volume 44061, folio 146, Page B 446064, registration 1, sets out the General Terms and Conditions governing the use of the online shop Jamonarium.com (hereinafter the "SHOP")
JAMONARIUM.COM - GENERAL TERMS AND CONDITIONS
These terms and conditions will govern the commercial relationship between customers of the SHOP and JAMONARIUM.
By making a purchase, the customer states that he/she has read and accepts these terms and conditions.
1. PRIOR INFORMATION
1.1. The commercial relationship is established between the buyer at the SHOP (hereinafter, the "Customer") and JAMONARIUM.
The commercial relationship between the Customer and JAMONARIUM, including the purchase of any of the goods and products offered in the SHOP (hereinafter, the "Products"), is governed by these terms and conditions.
1.2. These terms and conditions shall be in force provided while they are available in the Shop and may be updated by JAMONARIUM at any time by its publication in the SHOP In the website www.jamonarium.com.
1.3. Any query, suggestion, complaint or claim relating to the online sale of the Products could be made through the Customer Service by the following means:
The Shop will resolve complaints and claims as soon as possible and never later than 14 days after its reception.
2. ACCESS AND USE OF THE SHOP
2.1. In order to be able to purchase Products in the SHOP, Customers must complete the electronic form available in the Shop, following the instructions indicated and agreeing to provide accurate and true data in order to manage the process of purchase and customer service as well as sending newsletters, loyalty schemes and determination of consumer preferences or, where appropriate, alerts of availability of products of interest.
2.2. If the Customer wishes to register, the customer must additionally select a username and password, which are security elements that allow purchasing in the Shop and provide with identification for upcoming purchases, creation and access to shopping history, management of preferences and notifications. These data are confidential and for personal and non-transferable use.
Once the Customer has registered, the Shop will send a confirmation of registration to the e-mail account provided by the Customer.
The Customer shall be solely responsible for the proper custody and confidentiality of the password, so it shall be understood that any third party who may use such password does so with the consent and on behalf of the Customer.
2.3. All purchases of Products in the SHOP, after identification and authentication through the username and password, shall be deemed to have been validly made by the Customer, and will be binding, so the Customer will be solely responsible for any purchase of Products made with his/her username and password.
2.4. Customers must always be adults. The SHOP reserves the right to refuse a purchase if it detects any evidence that it is being attempted by a minor.
2.5. The use of the SHOP, browsing through it and/or purchase of any Product implies acceptance by the Customer, in full and without reservations of any kind, of these terms and conditions. If the Customer does not wish to accept any of the applicable Terms, they must simply not access or use the SHOP.
2.6. The legal relationship deriving from registration as a Customer of the SHOP is of indefinite duration, without prejudice to the fact that both the Customer and JAMONARIUM may unilaterally terminate or suspend it at any time and without any cause other than their intention expressed to the other party in this regard. This termination or suspension shall not affect any obligations arising from purchases or orders previously made.
3. PRODUCT INFORMATION AND AVAILABILITY
3.1. The Products that can be purchased in the SHOP are those that, together with their essential features and price, appear published in the Shop at the given time. Before confirming the order, shipping costs that apply according to these terms and conditions will also appear.
3.2. Promotions will be duly indicated.
3.3. All orders and purchases in the SHOP are subject to actual availability at the time of purchase.
4. PRICES AND SHIPPING COSTS
4.1. The price of each Product shall always be displayed in the applicable currency and shall include, where applicable, all applicable taxes. In the case of intra-Community accounts, prices may appear without VAT. In the event that the SHOP identifies an error in the price of the Products, the SHOP shall inform the Customer, and the Customer shall have the option of confirming the order at the correct price or, failing this, cancel it free of charge.
4.2. The price of the Products does not include shipping costs, which shall be borne by the Customer, unless expressly stated otherwise. The Customer will be duly informed of the amount of these costs, which will be specified prior to confirmation of the order and payment.
4.3. Shipping costs will depend on the purchased Products, the destination of the Products and the shipping method selected by the Customer, among other circumstances.
Shipping costs according to the type of Products can be consulted here:
4.4. Prices and shipping costs stated in the SHOP are applicable exclusively to the Products offered through the Shop, for as long as they remain published. The Shop expressly reserves the right to modify prices at any time by means of publication in the Shop itself. However, the current rates indicated in the SHOP at the time of the transaction will be applied to each order.
5. BUYING PROCESS
5.1. In order to purchase Products, the Customer must select the desired Product and add it to the Shopping Cart, according to the instructions given by the SHOP.
5.2. Once a purchase has been made, JAMONARIUM will send the Customer, to the e-mail address indicated by the Customer, a confirmation of the purchase, which will serve as proof of the transaction.
5.3. The Customer may request the invoice of the purchase in electronic or paper format by e-mail or by using the contact form. The order confirmation and the proof of purchase will not be valid as an invoice.
5.4. In accordance with these terms and conditions, the Shop is restricted to adults, so that before making any purchase in it, the Customer declares that he/she is of legal age and also declares that, in any case, has the minimum legal age for the purchase and consumption of products containing alcohol in his/her location. If the Customer makes a false statement and purchases any of these products in breach of this requirement, he/she assumes exclusively all the legal consequences that may derive from it.
6. PAYMENT METHOD
6.1. The Customer must follow the instructions provided in the Shop. Payment for the Products and shipping costs may only be made by credit or debit card or other forms of payment that are available in the SHOP.
In any case, particular use of any means of payment available will be subject to checks and authorisations by the entities responsible for them, so that if the corresponding entity does not authorise payment the purchase process will end and the order will be automatically cancelled.
When payment is authorised, the price of the Products, taxes, and shipping costs will be charged at the time of placing the order.
6.2. For the purposes of payment by electronic means, the SHOP uses an e-commerce payment gateway. The data provided to the SHOP by Customers for these purposes are encrypted to guarantee maximum security of such data during the payment process.
7. SHIPPING AND DELIVERY OF PRODUCTS
7.1. The Shop may offer Customers different types of shipping methods. The availability of different shipping methods will depend on different factors, such as the Shop's own decision whether or not to offer a particular shipping method, the type of Product and other factors. The Shop does not guarantee the availability at all times of different modes of delivery.
When, depending on the above factors, there are different shipping methods, these may be, among others, the following:
A) Standard shipping
B) Express shipping
7.2. The Customer selects the delivery method of his/her choice from those available.
7.3. During the purchasing process, the Customer will be informed of the shipping costs for the chosen shipping method and the approximative delivery time.
7.4. Delivery address: For Standard and Express Shipping, Products purchased in the Shop will be shipped to the postal address indicated by the Customer. The postal address may not be a post office box or a public place, such as a public thoroughfare, square, station, airport or similar places.
7.5. The delivery time for the Standard Shipping mode will be between 1 and 2 working days in Spain (except for Balearic islands, where the delivery time will be 3 - 4 working days), between 2 and 3 working days in Portugal (except for island territories, where the delivery time will be 10 business days), and between 3 and 7 days in the rest of Europe subject to force majeure. Saturdays, Sundays and national or local holidays are excluded from the verification of the order, except for reasons of force majeure, always bearing in mind that orders verified after the cut-off time (12:00 a.m.) will count as registered the following day, since they can not be prepared the same day.
7.6. The term of delivery in the Express Shipping will be between 1 and 3 working days in Europe, excluding Saturdays, Sundays and national or public holidays, from the confirmation of the order, subject to force majeure. Always bearing in mind that orders verified after the cut-off time (12:00 a.m.) will count as registered the following day, since they can not be prepared the same day.
7.7. In events of Standard or Express Shipping, if delivery of the Product to the address indicated is refused or not possible on a first attempt, a second attempt will be made on the same day or on subsequent days. If delivery on this second attempt is neither possible, the Product will be returned to the Shop after 3 working days without a resolution from the Client. The costs of shipping and return will be assumed by the Customer, who will be reimbursed the price of Products that could not be delivered, using the same means of payment that the Customer used for the initial purchase.
7.8. The Proof of Purchase will be sent together with the Product(s).
7.9. If for any reason the Shop fails to meet its obligation to deliver within the deadlines set, or within a period specifically agreed with the SHOP, the Customer shall require the Shop to complete the delivery within an additional period appropriate to the circumstances of the case. If the Shop fails to deliver within this additional period, the Customer shall be entitled to terminate the contract. In the event of termination of the contract, the Shop will return to the Customer as soon as possible the amounts paid by the Customer.
NOTE: The days referred to in the delivery terms always count as working days, not counting weekends or holidays. Orders confirmed after 12:00 hours will count as registered the following day, as they cannot be prepared on the same day.
Customers who purchase Products through the Shop may cancel the purchase without having to give reasons for their decision by withdrawing from the contract.
The return of the Product may be made through the Shop, by filling out the form attached to the return request, or through Customer Service, which will indicate the steps to follow:
Pg. Sant Joan, 181
08037 Barcelona, España
Tel: (0034) 931763594
Contact form here
The maximum period in which the Customer has to send his/her notice is 14 calendar days from the date on which the products has been received.
The Customer must return the Products in perfect condition (not damaged, soiled, or opened), properly protected and in their original packaging. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer damage during transport.
Once the Products returned have been received by the SHOP and after checking that they are in good condition, the corresponding amount to the units returned will be reimbursed using the same means of payment used by the Customer for the initial purchase. The costs of return may be charged to the Customer will amount to the equivalent of the rate of transport by ordinary post. However, this may differ depending on the nature of each Product.
The Shop reserves the right to charge any expenses generated if the Product is not in perfect condition.
Cancellation is unavailable when, due to the nature of the Products purchased, it is impossible to carry it out, without prejudice to any claim for damages, including in particular: (i) products made according to the indications or specifications of the consumer or that have been personalised for the consumer; (ii) products that have expired within the cancellation period; (iii) products that are not in perfect condition.
9. GENERAL WARRANTY
For application of the warranty provided for in the Restated General Law for the Defence of Consumers and Users [Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios], and without prejudice to the power of the Shop to check the defects, their origin and the time of their appearance, the Customer must request collection of any damaged Product within a maximum period of two months from the confirmation of the defect, and must inform the Shop in writing of the nature of the problem, and the time and circumstances of its detection. Excepting for perishable products, time limit is one month
10. PRODUCT QUALITY GUARANTEES
All products in the Shop have a stated preferential consumption date and an explanation of conditions for proper storage. These recommendations should be followed.
All products have been subjected to careful quality control, and are released to the market according to standards approved by the brand. Personal opinions about the extent of salting or curing, or aesthetic considerations about the joint, will not be considered defects of the product.
If the Customer considers that a Product is not in suitable condition to be consumed, Customer Service should be contacted as soon as possible, through www.jamonarium.com, by our contact form (https://www.jamonarium.com/en/contact-us) or by calling (+34) 931763594 to report the nature of the problem, and the time and circumstances of its occurrence.
The return of the Product may be made through the Customer Service, which will indicate the steps to follow:
For the application of the quality guarantee, and without prejudice to the ability of the Shop to check defects, their origin and the time of their appearance, the Customer must request the collection of the defective Product within a maximum of one month from the reception of the Iberian Product or immediately after the discovering the defect.
In the case of hams and shoulders, in no case will complaints be accepted with reference to joints that do not retain 80% of their original weight.
If the SHOP finds that, in fact, the Iberian Product was not in good condition and this was not attributable to the Customer (particularly, inadequate preservation conditions), the SHOP shall replace the Product, with no cost for the Customer.
If the Shop finds that the defect on which the complaint is based is due to reasons attributable to the Customer or that it is in good condition, the Product will be returned to the Customer, who shall bear any costs of collection, return and reshipment.
11. PERSONAL DATA
12. GENERAL TERMS
JAMONARIUM makes these terms and conditions available to you sufficiently in advance, in accordance with current legislation in force, so that they may be consulted, stored and reproduced.
If any provision of these Terms and Conditions is held void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions. In that event, the affected clause(s) will be replaced by another clause or clauses that have the most similar effects to those of the replaced clauses.
13. APPLICABLE CALENDAR
In the Shop, all time limits and references to "working days" are to be construed on the basis of Spain's national calendar of working days.
14. APPLICABLE LAW
The parties submit, voluntarily, for the resolution of disputes, waiving any other jurisdiction, to the courts and tribunals of the user's domicile.
These Terms and Conditions have been drawn up in accordance with Law 34/2002 on information society services and electronic commerce and Royal Legislative Decree 1/2007, of 16 November, approving the Restated General Law for the Defence of Consumers and Users and other complementary laws in accordance with the latest wording.
We are attached to the consumer arbitration board and online litigation in Spain and in Europe.