GENERAL CONDITIONS OF CONTRACTING AND USE

INTRODUCTION 

This contractual document will govern the General Conditions for contracting  products or services (hereinafter, "Conditions") through the website usisa.com,  owned by UNIÓN SALAZONERA ISLEÑA, SA, hereinafter, PROVIDER, whose contact  details are also listed in the Legal Notice of the Web. These Conditions may be  modified at any time. It is the responsibility of the USER to read them  periodically, since those that are in force at the time of ordering will be  applicable. The contracts will not be subject to any formality with the  exception of 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  understands what is stated here and that he is a person with sufficient capacity to contract. Likewise, that it assumes all the obligations set forth herein.  These conditions will have an indefinite period of validity and will be  applicable to all contracts made through the PROVIDER's website.  

The PROVIDER informs that the Ecommerce is responsible and knows the current  legislation of the countries to which it sends the products, and reserves the  right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. 

Identity of the contracting parties 

On the one hand, the PROVIDER of the products or services contracted by the USER is UNIÓN SALAZONERA ISLEÑA, S.A., with registered office at POLIGONO INDUSTRIAL  LA DEHESA, 

S / N, 21410 ISLA CRISTINA (Huelva), NIF A21006861 and with the customer / USER  service telephone number 959 34 35 00. 

And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is  responsible for the veracity of the personal data provided to the PROVIDER. 

OBJECT OF THE CONTRACT 

The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.  

The contractual relationship of sale entails the delivery, in exchange for a  certain price and publicly exposed through the website, of a specific product or service. 

CONTRACTING PROCEDURE 

The USER, in order to access the products or services offered by the PROVIDER,  must be of legal age and register through the website by creating a user  account. Therefore, the USER must freely and voluntarily provide the personal  data that will be required, which will be treated in accordance with the  provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relative to  the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5  (LOPDGDD), regarding the protection of personal data and guarantee of Digital  Rights, and detailed in the Privacy Policy of this website.  

The USER will select a username and password, agreeing to make diligent use of  them and not to make them available to third parties, as well as to notify the  PROVIDER of the loss or theft of them or the possible access by an unauthorized  third party. , so that it proceeds to immediate blocking.  

Once the user account has been created, it is reported that in accordance with  what is required by article 27 of Law 34/2002, on Services of the Information  Society and Electronic Commerce (LSSICE), the contracting procedure will follow  the following steps: 1. General contracting clauses. 2. Shipment of orders. 3.  Right of withdrawal. 4. Claims. 5. Force majeure. 6. Competition. 7.  Generalities of the offer. 8. Price and validity period of the offer. 9. Transportation costs. 10. Form of payment, expenses and discounts. 11. Purchase process. 12. Applicable warranties. 13. Guarantees and returns. 14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES 

Unless specifically stipulated in writing, placing an order with the PROVIDER  will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly  accepted in advance and in writing by the PROVIDER.  

2. DELIVERY OF ORDERS 

The PROVIDER will not send any order or activate any service until it has  verified that the payment has been made. Merchandise shipments will usually be  made by EXPRESS MESSAGING, according to the destination freely designated by the USER. 

Failure to perform the distance contract: The delivery dates or deadlines will  be understood as approximate, the delay not constituting an essential breach. In the event that the PROVIDER has not made the delivery of the merchandise, after  30 days from the agreed delivery date, due to lack of availability of the  product or service, the USER must be informed and will be entitled to cancel the order and receive the return. of the total amount paid without any cost, and  without any liability for damages attributable to the PROVIDER.  

In case of unjustified delay on the part of the PROVIDER regarding the refund of the total amount, the USER may claim that double the amount owed be paid,  without prejudice to their right to be compensated for damages suffered in  excess of said amount. The delivery time is usually between 2 and 5 working  days, depending on the destination population and the chosen form of payment.  This term is understood as long as the availability of the merchandise has been  confirmed and the full payment of the order has been verified.  

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false,  inaccurate or incomplete. The delivery will be considered made when the carrier has made the  products available to the USER and the USER, or his / her delegate, has signed  the delivery receipt document.  

It is the USER's responsibility to verify the products upon receipt and expose  all the exceptions and claims that may be justified in the delivery receipt  document. In the event that the contracting does not entail the physical  delivery of any product, but an activation of some services, these being  directly downloaded from the website, the PROVIDER will inform the USER in  advance regarding the procedure to be followed to perform this download. 

3. RIGHT OF WITHDRAWAL 

The USER has the same rights and deadlines to proceed with the return and / or  claim the possible vices or defects that the product or service presents, both  in online and offline mode. The USER has a period of fourteen calendar days,  counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of March 27). 

Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging  and in perfect condition and, if a service is provided, from the same day of  activation and / or download.  

The right of withdrawal may not be applied in the following cases:  

-1. If the product is not presented in perfect condition.  

-2. If the product packaging is not the original one or it is not in perfect  condition. The original packaging must protect the product so that it is  received in perfect condition, the use of seals and adhesive tapes applied  directly on it is prohibited.  

-3. When the product is open without being able to show that it has not been  used.  

-4. In software applications that are directly downloaded through the portal or  unsealed by the USER after their physical delivery. 

-5. When they are personalized products or those that, for hygiene reasons or  other exceptions legally provided for in article 103 of Law 3/2014, of March 27.  

-6. In the supply of products whose price depends on fluctuations in the  financial market that the PROVIDER cannot control and that may occur during the  withdrawal period.  

-7. In the supply of products made according to the USER's specifications or  clearly personalized. 

-8. In the supply of products that can deteriorate or expire quickly. All  returns must be communicated to the PROVIDER, requesting a return number using  the form provided for this, or by email to tiendaonline@usisa.com, indicating  the corresponding invoice or order number. Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in  the shipping letter, with the transport costs at their expense, at the address  of UNIÓN SALAZONERA ISLEÑA, S.A.,

4. CLAIMS  

Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses: Postal: UNIÓN SALAZONERA  ISLEÑA, SA, POLIGONO INDUSTRIAL LA DEHESA S / N, 21410 ISLA CRISTINA (Huelva)  Telephone: 959 34 35 00. Mail: tiendaonline@usisa.com 

Online dispute resolution (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 for resort to the courts of justice, through the intervention  of a third party, called the dispute resolution body, which acts as an  intermediary between the two. This body is neutral and will dialogue with both  parties to reach an agreement, finally being able to suggest and / or impose a  solution to the conflict. Link to the ODR platform:  http://ec.europa.eu/consumers/odr/ 

5. FORCE MAJEURE  

The parties will not incur liability for any fault due to a major cause.  Compliance with the obligation will be delayed until the cessation of force  majeure.

6. COMPETITION  

The USER may not assign, transfer or transmit the rights, responsibilities and  obligations contracted in the sale. If any stipulation of these conditions is  considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any  way.  

The USER declares to have read, know and accept these Conditions in their  entirety.  

7. GENERAL INFORMATION OF THE OFFER 

All sales and deliveries made by the PROVIDER will be understood to be subject  to these Conditions. No modification, alteration or agreement contrary to the  Commercial Proposal of UNIÓN SALAZONERA ISLEÑA, S.A. or as stipulated herein, it will take effect, except for an express written agreement signed by the  PROVIDER, in this case, these particular agreements will prevail. Given the  continuous technical advances and improvements of the products, the PROVIDER  reserves the right to modify its specifications regarding the information  provided in its advertising, until it does not affect the value of the products  offered. These modifications will also be valid in the event that, for any  reason, the possibility of supplying the products offered is affected.  

8. PRICE AND TERM OF VALIDITY OF THE OFFER 

The prices indicated for each product include Value Added Tax (VAT) or other  taxes that may be applicable, except for those products chosen by USERS who have an open account with discounts in which the net price will appear. These prices, unless expressly stated otherwise, do not include shipping costs, but do include handling, wrapping, shipping insurance or any other additional services and  attachments to the product or service purchased. The prices applicable to each  product are those published on the website and will be expressed in the EURO  currency. The USER assumes that the economic valuation of some of the products  may vary in real time.  

Before making the purchase you can check online all the details of the budget:  items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices can change daily as long  as the order is not placed. Once the order is placed, the prices will be  maintained whether there are products available or not. Any payment made to the  PROVIDER entails the issuance of an invoice in the name of the registered USER  or the business name that he has informed at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to  the email address provided by the USER.  

For any information about the order, the USER may contact the PROVIDER through  the customer service telephone number, 959 34 35 00, or via email at the address dirección tiendaonline@usisa.com .  

9. TRANSPORTATION COSTS 

Prices do not include shipping or communication costs, as indicated in clause 8, or installation or download, or complementary services, unless expressly agreed  in writing to the contrary. The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address. Shipping Free orders in the peninsula according to  web notification.

The maximum transport rate applied is as follows:  

Peninsula: 6 EUROS MAXIMUM 

Outside the peninsula: DEPENDING ON THE WEIGHT OF THE GOODS AND PLACE OF  DESTINATION 

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS  

The PROVIDER enables the following ways to pay for an order:

-Bank transfer 

  • BIZUM 
  • PAYPAL 
  • Credit card 

Security measures

The website uses information security techniques generally accepted in the  industry, such as firewalls, access control procedures, and cryptographic  mechanisms, all with the aim of preventing unauthorized access to data. To  achieve these ends, the user / client accepts that the provider obtains data for the purposes of the corresponding authentication of access controls. The  PROVIDER undertakes not to allow any transaction that is or is considered  illegal by the credit card brands or the acquiring bank, which may or has the  potential to damage their goodwill or negatively influence them.  

The following activities are prohibited under the programs of the card brands:  the sale or offer of a product or service that does not comply with all the laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.  

11. PURCHASE PROCESS  

Basket (budget simulation) Any product in our catalog can be added to the  basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts  will be calculated according to the payment and shipping information entered.  The baskets do not have any administrative link, it is only a section where a  budget can be simulated without any commitment by both parties.  

From the basket you can place an order by following the steps below for its  correct formalization: 1. - Checking the billing information. 2. - Verification  of the shipping address. 3. - Selection of the payment method. 4. - Place the  order (buy).  

Once the order is processed, the system instantly sends an email to the  PROVIDER's management department and another to the USER's email confirming the  placing of the order.  

Orders (purchase requests): In a maximum of 24 hours, on working days, an email  will be sent to the USER confirming the status of the order and the approximate  shipping and / or delivery date.  

12. APPLICABLE WARRANTIES

All products offered through the website are marketable, unless otherwise  indicated in their description. All have an expiration period depending on the  product and have a guarantee in the service offered, in accordance with the  criteria and conditions described in Royal Legislative Decree 1/2007, of  November 16, which approves the revised text of the Law. General for the Defense of consumers and users and other complementary laws.  

13. GUARANTEES AND RETURNS  

The guarantee of the products offered will respond to the following articles  based on Royal Legislative Decree 1/2007, of November 16, which approves the  revised text of the General Law for the Defense of Consumers and Users and other complementary laws: 

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in  accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.  

Article 115. Scope of application.

1. Are included in the scope of this title the contracts for the sale of  products and the contracts for the supply of products to be produced or  manufactured.  

Article 116. Conformity of the products with the contract. 

1. Unless proven otherwise, it will be understood that the products are in  accordance with the contract as long as they meet all the requirements expressed below, except that due to the circumstances of the case, any of them is not  applicable:  

a) They conform to the description made by the seller and possess the qualities  of the product that the seller has presented to the consumer and user in the  form of a sample or model.  

b) Are suitable for the uses to which products of the same type are ordinarily  destined.  

c) They are suitable for any special use required by the consumer and user when  they have made the seller aware of it at the time of the contract, provided that the seller has admitted that the product is suitable for such use.  

d) Present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, public statements about the specific  characteristics of the products made by the seller, the producer or their  representative, in particular in advertising or labeling.

The seller will not be bound by such public statements if he demonstrates that  he was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract, or that such statement could not influence the decision to buy.  the product.  

2. The lack of conformity that results from an incorrect installation of the  product will be equated to the lack of conformity of the product when the  installation is included in the contract of sale or supply regulated in article  115.1 and has been carried out by the seller or under his responsibility, or by  the consumer and user when faulty installation is due to an error in the  installation instructions.  

3. There will be no liability for lack of conformity that the consumer and user  knew about or could not have justifiably ignored at the time of the conclusion  of the contract or that have their origin in materials by the consumer and user.  

Article 117. Incompatibility of actions. 

The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects  of the sale. In any case, the consumer and user will have the right, in  accordance with civil and commercial legislation, to be compensated for damages  derived from the lack of conformity.  

Article 118. Responsibility of the seller and rights of the consumer and user. 

The consumer and user have the right to repair the product, to replace it, to  reduce the price or to terminate the contract, in accordance with the provisions of this title and provided that the seller's responsibility can be demonstrated.  

Article 119. Repair and replacement of the product.  

1. If the product is not in accordance with the contract, the consumer and user  may choose between demanding the repair or replacement of the product, unless  one of these two options is objectively impossible or disproportionate. From the moment the consumer and user notify the seller of the chosen option, both  parties must abide by it. This decision of the consumer and user is understood  without prejudice to the provisions of article following for cases in which the repair or replacement fails to bring the  product into compliance with the contract.

2. The form of reorganization that, in comparison with the other, imposes  unreasonable costs on the seller, will be considered disproportionate, taking  into account the value that the product would have if there were no lack of  conformity, the relevance of the lack of conformity and if the alternative form  of sanitation could be carried out without major inconveniences for the consumer and user. To determine whether the costs are unreasonable, the costs for one  form of remediation must also be considerably higher than the costs for the  other form of remediation. 

Article 120. Legal regime for the repair or replacement of the product. Repair  and replacement will conform to the following rules:  

a) They will be free for the consumer and user. Said gratuity will include the  necessary expenses incurred to correct the lack of conformity of the products  with the contract, especially the shipping costs, as well as the costs related  to labor and materials. 

b) They must be carried out within a reasonable time and without major  inconveniences for the consumer and user, taking into account the nature of the  products and the purpose they had for the consumer and user.  

c) The repair suspends the computation of the terms referred to in article 123.  The suspension period will begin from when the consumer and user make the  product available to the seller and will conclude with the delivery to the  consumer and user of the product already repaired.

d) If the repair has been completed and the product is delivered, it is still  not in accordance with the contract, the consumer and user may demand the  replacement of the product, unless this option is disproportionate, the price  reduction or the termination of the contract in the terms provided in this  chapter. 

e) Substitution suspends the terms referred to in article 123 from the exercise  of the option by the consumer and user until the delivery of the new product. In any case, article 123.1, second paragraph, shall apply to the substitute  product.  

f) If the replacement fails to bring the product into conformity with the  contract, the consumer and user may demand the repair of the product, unless  this option is disproportionate, the price reduction or the termination of the contract in the  terms provided in this chapter.

Article 121. Price reduction and termination of the contract.  

The price reduction and the termination of the contract will proceed, at the  choice of the consumer and user, when the latter cannot demand the repair or  replacement and in cases where these have not been carried out within a  reasonable time or without major inconveniences for the consumer and user. The  resolution will not proceed when the lack of conformity is of little importance.  

Article 122. Criteria for the price reduction.  

The price reduction will be proportional to the difference between the value  that the product would have had at the time of delivery if it had been in  accordance with the contract and the value that the product actually delivered  had at the time of said delivery.  

Article 123. Deadlines. 

1. The seller is liable for any lack of conformity that appears within a maximum period of 10 days from delivery, in fresh salted products and canned products.  Unless proven otherwise, it will be presumed that the lack of conformity  manifested in the 10 days after delivery of the product, already existed when  the thing was delivered, except when this presumption is incompatible with the  nature of the product or the nature of the lack of conformity.  

2. Unless proven otherwise, delivery is understood to be made on the day that  appears on the invoice or purchase receipt, or on the corresponding delivery  note if it is later.  

3. The seller is obliged to deliver to the consumer or user who exercises their  right to repair or replacement, documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that originates  the exercise of the right. In the same way, together with the repaired or  replaced product, the seller will deliver to the consumer or user documentary  justification of the delivery, stating the date of delivery and, where  appropriate, the repair carried out.  

4. The action to claim the fulfillment of the aforementioned, will prescribe 10  days from the delivery of the product. 

5. The consumer and user must inform the seller of the lack of conformity within 10 days of becoming aware of it. Failure to comply with this period will not  entail the loss of the corresponding right to sanitation, the consumer and user  being responsible, however, for the damages or losses actually caused by the  delay in communication. Unless proven otherwise, it will be understood that the  communication of the consumer and user has taken place within the established  period.  

Article 124. Action against the producer. 

When the consumer and user find it impossible or an excessive burden to address  the seller due to the lack of conformity of the products with the contract, they may claim directly from the producer in order to obtain the replacement or  repair of the product. In general, and without prejudice to the fact that the  responsibility of the producer ceases, for the purposes of this title, in the  same terms and conditions as those established for the seller, the producer will respond for the lack of conformity when it refers to the origin, identity or  suitability of the products, in accordance with their nature and purpose and  with the rules that regulate them.  

Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. Said term is  computed from the moment in which the cleanup was completed.  

14. APPLICABLE LAW AND JURISDICTION  

These conditions will be governed or interpreted in accordance with Spanish  legislation in that which is not expressly established. The PROVIDER and the  USER agree to submit to the courts and tribunals of the PROVIDER's domicile any  controversy that may arise from the provision of the products or services that  are the object of these Conditions.