1. Legal information of the Holder
In compliance with Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSICE), the following legal aspects of the following website are reported:
|EMBUTIDOS Y JAMONES ESPAÑA E HIJOS S.A.
|Ctra. Torrijos – La Pueblas de Montalbán km 9,1, 45517, Escalonilla
|(+34) 925 75 82 23
|Registered in the Mercantile Registry of Toledo. Volume 141, general 87, section nº3, Book of Companies Folio 169, sheet 1584, Inscription nº1.
2. Object and scope of application.
The purpose of these General Conditions of use and contracting is to regulate the availability of the information provided on the website https://espanahijos.com/, as well as the legal relationship arising from the contracting processes carried out between users and the owner of this website.
3. User status and acceptance.
The access, use and navigation through the website confer the condition of “User” to the visitor and implies the acceptance, without reservations of any kind, of the Legal Notice and Conditions of Use. The access to our web page https://espanahijos.com/ is free.
The contracting of any product confers the condition of “Client” having to know and accept the General Conditions of the Contracting included in the present text, as well as in its case, the Particular Conditions.
Only persons over 18 years of age are authorized to make use of the electronic commerce services through this web page.
By means of the acceptance of the General Conditions of use and hiring the Client declares:
1º. That he/she is a person of legal age and with capacity to contract.
2º. That he/she resides in Spain or in a place where the Spanish legislation is in force.
3º. That he has read and accepts the present General Conditions.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS puts at the disposal of the Users and Clients the e-mail address firstname.lastname@example.org so that they can raise any doubt about the General Conditions.
4. Modification of the Legal Notice and General Conditions.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS may modify the General Conditions without prior notice to the consumer/user, for which reason it is advisable to read them before each visit to our web page. These modifications are applicable as of their publication on the web page and cannot be applied to previously concluded contracts.
In any case, the date of revision of the General Conditions will be indicated. Each purchase is governed by the General Terms and Conditions in force on the date of the order. In any case, the General Conditions may be consulted before any contracting process.
5. Liability of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS.
All products displayed and offered on our website comply with the legal precepts established in the current Spanish legislation. Access to the website will be voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effect derived from the use of the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by our website, the user being obliged to hold harmless EMBUTIDOS Y JAMONES ESPAÑA E HIJOS for any claims arising directly or indirectly from such events.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS is not responsible for the damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operative functioning of this electronic system or in the apparatus and computer equipment of the users, caused by reasons beyond the control of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS , that prevent or delay the provision of services or navigation through the store, or delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems, or the inability to provide the service or allow access for reasons not attributable to EMBUTIDOS Y JAMONES ESPAÑA E HIJOS , due to the user, third parties, or force majeure. EMBUTIDOS Y JAMONES ESPAÑA E HIJOS does not control, in general, the use that users make of the website. In particular, EMBUTIDOS Y JAMONES ESPAÑA E HIJOS is not responsible in any case that the users use the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
The civil responsibility of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS for the products supplied is limited to the amount of the same, the user or consumer renounces to claim any responsibility to EMBUTIDOS Y JAMONES ESPAÑA E HIJOS for any concept in any case of dissatisfaction of the products acquired through this website as well as possible failures, slowness of access or errors in the access to the same, including loss of data, or any other type of information that may exist in the computer or network of the user accessing EMBUTIDOS Y JAMONES ESPAÑA E HIJOS .
6. Obligations of clients and users.
In general, the user is obliged to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or impair the normal operation of the same, the property or rights of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS, its suppliers, other users or in general any third party. It is forbidden the access and use of the portal to minors without the express consent of their parents, EMBUTIDOS Y JAMONES ESPAÑA E HIJOS is not responsible for the truthfulness and accuracy of the data filled in by the user and therefore cannot verify the age of the same.
Specifically, and without implying any restriction to the previous paragraph during the use of the web page, the user is obliged to:
a) Provide truthful information about the data requested in the user registration form or order placement, and to keep them updated.
b) Not to introduce, store or disseminate on or from the website, 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, honor, privacy or the image of others and in general the current regulations.
c) Not to introduce, store or spread through the page of the store any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the website, in any of the services, or in any of the equipment, systems or networks of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS, of any other user, of the suppliers of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS or in general of any third party.
d) Diligently keep the “user name” and “password” provided by EMBUTIDOS Y JAMONES ESPAÑA E HIJOS, assuming responsibility for any damages that may arise from an improper use of the same.
e) Not to carry out advertising activities or commercial exploitation through the website, and not to use the contents and information of the same to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties, unless there is express authorization.
f) Not to use false identities, or impersonate the identity of others in the use of the website or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.
g) Not to destroy, alter, use for its use, render useless or damage the data, information, programs or electronic documents of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS, its suppliers or third parties.
h) Not to introduce, store or disseminate through the page of the store any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content which does not hold, in accordance with the law, the right to make it available to third parties.
The customer must undertake to facilitate and enable the delivery of the requested order by providing an address to which the requested order can be delivered within the usual delivery schedule of goods. In case of non-compliance by the customer of this obligation EMBUTIDOS Y JAMONES ESPAÑA E HIJOS will have no responsibility for the delay or impossibility of delivery of the order requested by the customer.
7. Order placement.
The steps to follow to complete the purchase process through the on-line store are indicated:
|Access to https://espanahijos.com/
|To place an order it is necessary to connect to the website.
|Fill shopping cart
|To proceed with the purchase of products, the User must add the product he/she wishes to purchase to the basket, according to the indications shown on the screen. Consult stock beforehand. The prices and offers presented on the website are valid only and exclusively for online orders.
|Fill out the billing form
|Filling in the electronic form that appears at any time on the web page of the online store and following the instructions indicated therein.
|Filling out for these purposes the order forms provided (Invoicing data, Type of shipment, Delivery data, Payment method and Order) and validating the purchase. The validation of the order by the Customer expressly implies knowledge and acceptance of these General Terms and Conditions as part of the conclusion of the contract. Unless proven otherwise, the data registered by EMBUTIDOS Y JAMONES ESPAÑA E HIJOS constitutes proof of all transactions carried out between EMBUTIDOS Y JAMONES ESPAÑA E HIJOS and its customers. EMBUTIDOS Y JAMONES ESPAÑA E HIJOS will file the electronic document in which the contract is formalized and it will be accessible.
|Selection of the payment method and execution of the same by means of the corresponding gateway. Once the purchase has been made and as soon as possible, EMBUTIDOS Y JAMONES ESPAÑA E HIJOS will send the Customer a proof of purchase by e-mail.
8. Product availability.
The selection of products offered through our website are valid as long as the products are visible on the website, with the limits of available stock. Being e-commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock runs out, not being able, therefore, in these cases, to continue with the purchase initiated.
In the event that there is any unavailability of an article EMBUTIDOS Y JAMONES ESPAÑA E HIJOS will contact the Customer to communicate it immediately, if it is not possible to serve the product, proceed to its cancellation.
The prices of the products are indicated on the website including VAT. During the purchase process, the amount corresponding to the tax charge will be shown according to the current rate applicable to the products.
10. Shipping and Handling.
Shipping and/or handling costs are not included in the price of the product and will be shown to the Customer before finalizing the purchase.
The amount of the transport will be included in the Customer’s invoice. The Customer will be able to check the cost of shipping or handling before finalizing his purchase.
Deliveries will be made within the Spanish territory and all the countries of the European Union.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS has the following payment methods for the Customer to choose from:
- Payment by Credit Card: Visa and Master Card have developed a system to make secure payments on the Internet. The Secure Electronic Commerce system is based on the card issuer (bank or savings bank) to identify the card holder before authorizing the payment by Internet.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS is adhered to this security protocol so that, once the product to be purchased has been selected and the card number has been entered, a window of the Issuer opens requesting your identification, showing one of the following icons:
Your card details and password are protected by this security system from the moment they are entered. Once the identification is completed, the Issuer informs EMBUTIDOS Y JAMONES ESPAÑA E HIJOS that the purchase is being made by the cardholder, so that he/she can complete the process. If the identification has not been satisfactory, the Issuer informs EMBUTIDOS Y JAMONES ESPAÑA E HIJOS so that it can proceed accordingly.
This window is beyond the control of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS, being the responsibility of the Issuer any incident that may arise with the same, and you should contact said entity if you find yourself in this situation.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS reserves the right to reject any transaction made by credit card. In this case we will proceed to refund the cash on the original card.
We will not proceed to the delivery, nor to the acquisition of the product that you intend to purchase through the web page, if you have not previously proceeded to the payment of the requested product.
12. Product shipment methods and delivery times
The products are shipped to the shipping address indicated by the customer/user in the order.
In the case of placing an order for several items with different availabilities, the delivery time will take into account the longest expected delivery. In exceptional cases, EMBUTIDOS Y JAMONES ESPAÑA E HIJOS will reserve the right to break down the order, sending the available items and leaving the unavailable items pending for a second shipment. All product orders are subject to the acceptance of the order by EMBUTIDOS Y JAMONES ESPAÑA E HIJOS.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS will not ship any product until it has been verified that payment has been made by the customer.
The estimated delivery time is between 24-48 hours.
All orders are delivered by hand, at the shipping address you indicate when placing your order. Delivery works as follows:
- The carrier will come, usually during business hours, to the shipping address; if they have any trouble finding the address, they will telephone the number you indicated when you placed your order.
- If someone is there to pick up the order, that person will receive the package and must sign the delivery note.
- If no one is there, the carrier will leave a piece of paper with a contact telephone number.
- You can call that phone number to arrange a new day and time for delivery.
- The transport company will contact the customer by phone to arrange a new delivery, ensuring the transport as soon as possible.
13. Returns, exchanges and cancellations of the order.
Cuando se realiza un pedido online, EMBUTIDOS Y JAMONES ESPAÑA E HIJOS que permite realizar cambiar el producto adquirido o devolverlo, en un plazo 7 días naturales, siendo productos perennes, a contar desde la fecha de su recepción. El cliente /usuario podrá devolver los productos dentro del plazo de 7 días naturales, transcurrido dicho plazo no se procederá al devolución o cambio del producto.
La mercancía que has solicitado en tu pedido ha sido comprobada por el fabricante correspondiente en calidad y estado.
En el momento de la entrega, asegúrese que el paquete recibido esté externamente en buen estado, completamente cerrado y sin signos de manipulación. En caso contrario, anota este hecho en el albarán del transportista, rechaza el envío y notifícalo por escrito a EMBUTIDOS Y JAMONES ESPAÑA E HIJOS o mediante correo electrónico en email@example.com lo antes posible.
En caso de disconformidad por cualquier causa con el producto recibido, y para proceder a la devolución del producto y a su posterior cambio, de acuerdo a lo establecido en el artículo 119 Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, se le reconoce el derecho sustitución del producto.
Por política de empresa, EMBUTIDOS Y JAMONES ESPAÑA E HIJOS no procede a recoger el producto que desea ser cambiado o devuelto, debido a que se trata de un bien de consumo perenne, que por motivos de higiene y salud no puede ser vendido de nuevo, por dicho motivo no se procede a su recogida y tampoco a que el consumidor/usuario/cliente proceda a su devolución enviándolo.
El cliente deberá enviar correo electrónico a las siguientes direcciones de correo firstname.lastname@example.org , donde deberá adjuntar:
- Explicación del estado del producto (producto presente alguna falta de conformidad).
- Adjuntar la factura de compra o comprobante.
- Fotografía del producto.
También podrá llamar al teléfono + 34 925 75 82 23, de lunes a viernes (excepto días festivos), el horario de atención al público será de 8- 13h y de 15-18.30h.
EMBUTIDOS Y JAMONES ESPAÑA E HIJOS within 7 calendar days, will proceed to respond to the email. Once analyzed the case and seeing that the product is not in accordance with the established, is not in good condition, defects in packaging, there is defect in the product, bad appearance or odor, we will proceed to change the product.
We will not accept any return that does not meet the above conditions.
The company undertakes to refund the amount paid by the customer in the event that the product purchased is described above.
The refund will be made using the same method of payment used by the customer.
The total liability of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS, for any concepts, will not exceed, in any case, the total value of the defective goods supplied. EMBUTIDOS Y JAMONES ESPAÑA E HIJOS shall not, in any case, outside the provisions of this clause, be liable for any damages, especially for loss of profits, or damages for expected results, delay or loss of production. The indemnities provided for in this clause shall exclude any other indemnity for defects or lack of quality or quantity.
- The change of the product.
For its part, EMBUTIDOS Y JAMONES ESPAÑA E HIJOS will not be able to replace the product without prior consultation with the Client. In the event that for reasons beyond the control of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS, the supply of the order is not possible, the Customer will be offered the possibility of exchanging it for a substitute product of similar characteristics, giving the right to the cancellation of the order by the Customer.
- Cancellation of the order: We will not proceed to the cancellation of the order, once the payment of the product has been made.
14. Right of withdrawal.
In accordance with the provisions of Article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, provides that the consumer and user may exercise the right to withdraw from the contract during the period of 14 calendar days, without giving any reason, incurring the costs described in Articles 107.2 and 108 of the aforementioned legal precept. The legal term will expire after 14 calendar days, since the user/consumer acquired possession of the goods purchased through the purchase through the website.
-How to exercise the right of withdrawal.
To exercise the right of withdrawal you must notify EMBUTIDOS Y JAMONES ESPAÑA E HIJOS in writing your decision to rescind exercising the right of withdrawal by e-mail at email@example.com.
In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the expiration of the indicated period of 14 calendar days. The user/customer, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express his/her intention to withdraw from the purchase contract. Remember that the communication must be made and sent within the legally conferred deadline.
-Consequences of withdrawal.
In case of withdrawal on your part will be refunded all payments received without undue delay and, in any case, no later than 14 calendar days from the date of receipt of the returned goods at the premises of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS.
Such reimbursement will be made using the same means of payment used for the transaction, unless you have expressly provided otherwise.
Such refund will be made upon receipt of the communication from the user within 14 calendar days, the refund will be made without any delay.
Please follow the instructions for returning the product indicated in this document.
As indicated in Article 103, paragraphs d) and g) of R.D. Legislative 1/2007 of November 16, 2007, the right of withdrawal may not be exercised with respect to those goods that may deteriorate or expire rapidly, whose price has been agreed at the time of entering into the contract of sale and that can not be delivered within 30 days, and whose actual value depends on market fluctuations that the employer can not control.
The return costs arising from the exercise of the right of withdrawal shall be borne by the buyer.
To the attention of EMBUTIDOS Y JAMONES ESPAÑA E HIJOS S.A. with CIF A45039294, with address at Ctra. Torrijos – La Pueblas de Montalbán km 9,1, 45517, Escalonilla, e-mail firstname.lastname@example.org.
I hereby inform you that I withdraw from my contract for the following product/service:
(Indicate product/service in respect of which the right of withdrawal is exercised)________________________________________________________________________________________________________________________________________________________________________________________________________________________
Name of consumer and user:
Address of consumer and user:
Signature of consumer and user (only if this form is submitted on paper): (Specify)
15. Product warranty.
- The company guarantees that the products purchased in its e-commerce store comply with the quality standards established in the current legislation.
- The warranty does not cover damage caused by improper use of the products, as well as damage caused by transport.
- The warranty extends to manufacturing and production defects, defect of ingredients/components of the products offered in our store.
- In the event that a product has a manufacturing defect, the return shipping costs shall be borne by the company.
- If the product received has a manufacturing defect, the store offers the option to return and refund the product.
In the case of fungible products, such as foodstuffs, the guarantee contained in article 120 TRLGDCU does not apply.
16. Customer/buyer service.
You can contact Embutidos y Jamones España e Hijos by sending an e-mail to email@example.com or by calling + 34 925 75 82 23, from Monday to Friday (except holidays), the opening hours will be from 8- 13h and 15-18.30h. I also inform you that in case you submit a complaint or claim through this channel and you are not satisfied with the solution I provide, if you wish, you can go to the Department of Consumer Affairs of the Community of Castilla la Mancha or by accessing the link to the website https://consumo.castillalamancha.es/.
All notices, summons, requests and other communications to be made by the parties in connection with these General Conditions shall be in writing and shall be deemed to have been duly given when delivered by hand or sent by ordinary mail to the other party’s address or e-mail address, or to any other address or e-mail address that each party may indicate to the other party for this purpose.
18. Nullity and inefficiency of the clauses.
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the General Conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
19. Extracontractual dispute resolution.
Following the guidelines set by Law 7/2017, of November 2, by which the Directive of 2013/11/EU, of the European Parliament and of the Council, of 21 May 2013, on alternative dispute resolution in consumer matters, is incorporated into the Spanish legal system.
The new regulation requires that in the event of a conflict between consumer and business (Article 3 of the aforementioned Law), it can be resolved through an out-of-court procedure before the competent autonomous body (Article 26 of the aforementioned Law). The purpose of this law is to guarantee that consumers residing in the European Union have access to mechanisms for the resolution of consumer disputes.
- Department of Consumer Affairs of Castilla la Mancha: Department of Consumer Affairs, the user/consumer can proceed to make the claim by clicking on the following link.
- European Union: The user/consumer can also access through digital platform, for alternative dispute resolution, by accessing through the following link.
20. Applicable legislation.
The sales and purchases made in EMBUTIDOS Y JAMONES ESPAÑA E HIJOS are subject to the Spanish legislation.
These General Conditions of Contract are subject, among others, to the following Regulations:
- Law 7/1998, of April 13, 1998, on General Contracting Conditions (“LCGC”).
- Law 3/2014, of March 27, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 (“TRLGDCU”).
- Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (“LSSICE”).
- Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”).
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
- Law 7/2017 of November 2, which transposes into Spanish law the Directive of 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters.
21. Applicable jurisdiction
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals which, where appropriate, will hear the matter, shall be those provided for in the applicable legal regulations on competent jurisdiction, in which, in the case of end consumers, the place of performance of the obligation or the domicile of the purchasing party is taken into account.
Last update: June 2023.