Cinco Jotas Shop General Terms and Conditions
CINCO JOTAS SHOP GENERAL TERMS AND CONDITIONS
GRUPO OSBORNE, S.A.U. (hereinafter, “OSBORNE”), a Spanish company, with tax identification number (C.I.F.) A-11535564 and registered office at calle Fernán Caballero 7 11500 El Puerto de Santa María, Cádiz, registered in the Mercantile Register of Cádiz, Volume 1528, folio 73, Page CA-21487, sets out the General Terms and Conditions governing the use of the Cinco Jotas Shop (hereinafter the "Cinco Jotas Shop" or the "Shop") that OSBORNE makes available to Internet users.
At the Cinco Jotas Shop we aimed to create a pleasant, comfortable and safe environment, where your shopping experience is as satisfying as possible and you can find all our products, so we designed the simplest purchase process possible.
Follow these steps to buy and enjoy our products as quickly as if you buy them in a brick-and-mortar shop but without having to move from wherever you are now.
1. Choose the products you want and add them to your basket using the button next to it.
2. Once you have everything you want, go to My Basket at the top right of the screen.
3. Access "See whole basket" or "Place order".
4. Check the units and products you are going to buy and click the "Place order" button. If you have a promotional or discount code, you can apply it in this step.
6. All done! Your Cinco Jotas products will be delivered at your chosen location soon.
This simple shopping process will be even easier if you register as a user of the Cinco Jotas Shop, since you will be able to store your delivery address and preferences for all your purchases, saving time and effort.
We remind you that at the Cinco Jotas Shop we have made sure that you can shop with complete peace of mind and maximum security. When you make payment, all information and personal data you send from your computer or mobile device is transmitted in encrypted form to our server using a standard 128-bit encryption method known as SSL (Secure Socket Layer).
At our online shop you can pay by bank transfer or credit card. Payment by credit/debit card is made through a secure and encrypted connection, so your bank details are only processed by the bank, without us retaining or processing them. If you want to place your order without giving your credit/debit card number you can pay safely by bank transfer.
If you have any queries, you can consult the frequently asked questions asked by other customers, by e-mail at email@example.com or by calling the free helpline (+34) 900 525 809.
CINCO JOTAS SHOP - GENERAL TERMS AND CONDITIONS
These terms and conditions will govern the commercial relationship between customers of the Cinco Jotas Online Shop (www.cincojotas.es, www.cincojotas.co.uk, www.cincojotas.fr y www.cincojotas.com) and OSBORNE, which may manage the process of purchase, invoicing, delivery, complaint and after-sales service through third-party service providers.
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 Cinco Jotas Online Shop www.cincojotas.es, www.cincojotas.co.uk, www.cincojotas.fr and www.cincojotas.com (hereinafter, the "Customer") and OSBORNE, which may manage the process of purchase, invoicing, delivery, complaint and after-sales service through third-party service providers.
The commercial relationship between the Customer and OSBORNE, 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 that they are available in the Shop and may be updated by OSBORNE at any time by publication in the Shop on the website www.cincojotas.es, www.cincojotas.co.uk, www.cincojotas.fr and www.cincojotas.com.
1.3. Any query, suggestion, complaint or claim relating to the online sale of the Products can be made through the Shop's Customer Service desk by the following means:
TIENDA CINCO JOTAS
Tel. Free: (+34) 900 525 809
(helpline opening hours: Monday to Friday from 9:00 to 19:00 hours)
When the Shops receives complaints or claims from the Customer, by any of the means made available to it at any time, it shall provide the Customer with an identification code and a written ticket, either on paper or on any other durable medium. The Shop will resolve complaints and claims as soon as possible and never later than 14 days from receipt.
2. ACCESS TO 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, always and only, accurate and true data in order to manage the process of purchase and customer service and newsletter sending, 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, he/she must additionally select a user name and password, which are security elements that allow shopping in the Shop and facilitate identification for subsequent purchases, creation of and access to his/her 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 designated 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 of legal age. The Shop reserves the right to refuse a purchase if it detects any evidence that it is being attempted by a minor.
2.5. Sale of Products via the Online Shop is not aimed at Customers who are part of the Hospitality, Restaurants and Catering (HoReCa) sector, so potential HoReCa Clients must refrain from making purchases through the Shop. OSBORNE reserves the right to refuse these sales.
2.6. Use of the Store, 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 all or any of the applicable Terms, they must simply not access or use the Shop.
2.7. 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 OSBORNE 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 key 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 as such.
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 event that the Shop identifies an error in the price of the Products, it shall inform the Customer of this, and the Customer shall have the option of confirming his/her 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 Product purchased, 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 Basket, according to the instructions given in the Shop.
5.2. Once a purchase has been made, OSBORNE 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 for his/her purchase in electronic or paper format by selecting this option in the course of the purchase process. 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, he/she 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 at the given time.
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 electronic commerce payment gateway. The data provided to the Shop by Customers for these purposes are encrypted to ensure maximum security of such data during the payment process and are hosted on a secure server certified according to the "Secure Socket Layer" protocol. Customer data will never be stored through the payment gateway, and will be kept only while the purchase transaction is being carried out, payment is being made and until the withdrawal period has elapsed.
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 warrant 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
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 foreseeable 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 the like.
7.5. The delivery time for the Standard Shipping mode will be between 1 and 2 business days in Spain (except for island territories, where the delivery time will be 10 business days), between 2 and 3 days in Portugal (except for island territories, where the delivery time will be 10 business days), and between 3 and 6 days in the rest of Europe from the confirmation and payment of the order, 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 (13:00 p.m.) will count as recorded the following day, since they can not be prepared the same day.
7.6. The term of delivery in the Express Shipping mode will be of a maximum period of 1 working day in Spain and 3 working days in the rest of Europe, excluding Saturdays, Sundays and national or local public holidays, from the confirmation of the order, subject to force majeure. Always bearing in mind that orders verified after the cut-off time (1:00 p.m.) will count as recorded 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 also not possible, the Product will be returned to the Shop. The costs of transport and return will be borne 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 practicable the amounts paid by the Customer.
7.10. The shipment of any products of a durable nature shall be accompanied by a warranty, which shall state: (i) the product to which it relates; (ii) the name and address of the person granting the warranty (which will normally be the manufacturer of the product); (iii) that the warranty does not affect the customer's statutory rights for defects or non-conformity of the product; (iv) the term of the warranty; (v) the modes of complaint to make the warranty effective; and (where applicable) any rights additional to the statutory rights granted to the customer.
NOTE: The days referred to in the delivery terms always count as business days, not counting weekends or holidays. Orders confirmed after 13:00 hours will count as recorded the next 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 web form attached to the return request, or through Customer Service, which will indicate the steps to follow:
TIENDA CINCO JOTAS
Tel. Free: (+34) 900 525 809 (helpline opening hours: Monday to Friday from 9:00 to 19:00 hours)
The maximum period in which the Customer has to send his/her notice is 14 calendar days from the date on which he/she has received the Products.
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 amount corresponding 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 that 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 [TextoRefundido 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 defective Product within a maximum period of two months from the discovery of the defect, and must inform the Shop in writing of the nature of the problem, and the time and circumstances of its detection. The time limit is one month for perishable products.
10. PRODUCT QUALITY GUARANTEES
All products in the Shop have a stated best-before date and an explanation of conditions for proper storage. You should follow these recommendations.
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, he/she should contact Customer Service as soon as possible, through www.cincojotas.es, www.cincojotas.co.uk, www.cincojotas.fr and www.cincojotas.com by e-mail to the address firstname.lastname@example.org or by calling 900 525 809 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 Shop, by filling out the online form attached to the return request, or through Customer Service, which will indicate the steps to follow:
TIENDA CINCO JOTAS
Tel. Free: (+34) 900 525 809 (helpline opening hours: Monday to Friday from 9:00 to 19:00 hours)
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 receipt of the Iberian Product or immediately after the discovery of 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 conditions of conservation), the Shop shall replace the Product, at no cost to 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
OSBORNE makes these terms and conditions available to you sufficiently in advance, in accordance with current legislation, 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 "business days" are to be construed on the basis of Spain's national calendar of business days.
14. APPLICABLE LAW
Customers can access the European Union's Online Dispute Resolution platform by following this link.
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.