The terms and conditions of sale of the WEBSITE: https://bacalalo.com , of which he is the administrator, BACALALO, SL, with CIF : B-66279779, with address: MERCAT DEL NINOT, PARADA-49 , ZIP: 08036 , city: BARCELONA , province: BARCELONA , regulate the marketing and online sale of our products and by accepting these clauses you accept the purchase conditions set out on this website..
Due to the content and purpose of the WEBSITE , people who want information must fill out the contact form , those who want to purchase the products offered on this website, must register in the USER/CLIENTS form, which is acquired by completing the PURCHASE form, their data will be incorporated into an automated file for you protection in application of RGPD-UE-2016/679, the LOPDGDD-3/2018, for electronic commerce the LSSI-CE-34/2002, update, 09/05/2023, the Law 11/2022, of Telecommunications, the Directive 2011/83/UE, on the rights of consumers and Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the RD. 1/2007, with the update, 06/29/2023.
Consent of the minor: According to article 6 section f, and article 8.1, of RGPD-UE-2016/679, and by LOPD-3/2018, of Garantía de los Derechos Digitales in its article 84, (protection of minors internally), when article 6, section 1, letter a) is applied, in relation to the direct offer of information society services to children, the processing of a child’s personal data it will be considered legal when you are at least 16 years old. If the child is under 16 years of age, such treatment will only be considered lawful if consent is given or authorized by the holder of parental authority or guardianship over the child, unless the child is at least 16 years of age and his consent will be lawful.
1. INFORMATION ABOUT THE WEBSITE:
The WEBSITE : https://bacalalo.com , of which is Administrator, BACALALO, of the online and in-store sales and marketing of the processing and handling of cod specialties, with own kitchen and service of prepared food and home delivery, tailor-made catering for events and individuals, restaurant service with daily delivery to the hotel.
2. PRICES OF THE PRODUCTS AND SHIPMENTS:
The prices shown on the WEBSITE include VAT on all products and the price of shipping for purchases over 50 euros will be free, for the rest it will depend on the weight, volume and distance, a rate that will be reflected at the time of acceptance of the purchase in the MY CART section.
3. FORMALIZATION OF ORDERS:
Once the order has been formalized, that is, with the acceptance of the conditions of sale and conditions of web use and the confirmation of the purchase process in the MY CART section, the administrator of the website, https://bacalalo.com , will send an email to the USER/CLIENT, confirming the details of the order and the products purchased.
4. PAYMENT METHOD:
The USER/CLIENT will pay with the euro currency € , at the time of confirmation of the order of the purchased products.
The USER/CLIENT must pay the amount corresponding to his order through the payment system; DEBIT CARD , VISA, MASTERCARD and others.
The USER/CLIENT must notify the website administrator of any improper or fraudulent charges in the payment system used, by email, admon@bacalalo.com , or by telephone, +34 93 453 66 51, in the shortest possible time so that the web administrator can carry out the appropriate procedures.
4.1. WEBSITE SECURITY MEASURES:
This WEBSITE , https://bacalalo.com , complies with the regulations, PCI-DSS (Payment Card Industry-Data Security Standard) mandatory compliance for all those websites that store, handle and process sensitive financial information such as bank card data.
The WEBSITE: https://bacalalo.com , website has the maximum security measures commercially available in the sector. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit, 256-bit algorithms, in this way, when using the SSL protocol, "Secure Socket Layer", which is a protocol cryptographics that provide privacy and integrity in them secure communications between the client and the web administrator.
5. DEADLINES AND PLACE OF DELIVERY OF ORDERS:
Depending on the destination, different shipping methods or systems can be used and each destination has a delivery time that is specified in the order confirmation process, the usual order delivery time is approximately 1 to 3 days and is indicated in working days, although a delay in delivery will not be grounds for penalty.
The administrator of the web page will not be responsible for the errors caused in the delivery when the address of the client entered in the registration form of the purchase order, have been incorrect or lack of USER/CLIENT data.
Deadlines may vary due to logistical reasons or force majeure. In the case of delivery delays, the website administrator will inform its USERS/CLIENTS , as soon as it becomes aware of it.
Each delivery is considered made from the moment the order is made available to the USER/CLIENT , which materializes through the control system used by the courier company that carries out the transport of the order, for deliveries in the Barcelona area it will be the BACALALO company itself that makes the delivery.
Those cases in which the order has been made available to the USER/CLIENT within the deadline and could not be delivered for reasons attributable to the USER/CLIENT will not be considered delays in delivery.
ORDER TRACKING : When the order leaves our company, an email will be sent to the USER/CLIENT , notifying that your order is being sent by the courier or own system so that you can follow the course of the order.
5.1. DELIVERIES NOT MADE AND PRODUCT LOSSES.
If at the time of delivery the USER/CLIENT is absent, the delivery person will leave a proof of delivery indicating how to proceed to pick up the order.
The website administrator contracts as part of the order delivery service to a courier company and other sistemas quienes they will guarantee that delivery occurs.
If 4 working days have passed after the delivery of the order and the delivery has not been arranged, the USER/CLIENT must contact the website administrator and report the possible incident.
In the event that the USER/CLIENT does not proceed in this way, after the working days that have been stipulated by the transporters from the departure to the delivery of the order, it will be returned, and the USER/CLIENT must take charge of the return costs of the order as well as associated management costs.
If the reason for which the delivery could not be made, it is the loss of the order, BACALALO, will initiate an investigation that will delay the delivery of the order, a circumstance that the administrator of this website will resolve with the customer.
5-2. DILIGENCE IN ORDER DELIVERY:
The USER/CLIENT must check the good status of the order before the delivery person who, on behalf of the website administrator, delivers the order requested If later, once the USER/CLIENT has reviewed the products, he detects any incident such as signs of having been manipulated or any damage caused to it by the shipment, he undertakes to communicate it as soon as possible to the administrator of the web page, by phone: +34 93 453 66 51, or via email: admon@bacalalo.com .
6. WITHDRAWAL OR RETURN OF THE PRODUCT:
6.1. RETURN OR WITHDRAWAL PROCEDURE
The content of these web sales clauses act as proof of purchase between the web administrator and the client, according to Royal Legislative Decree, 1/2007, in its article 69, 71 and 76, Law 3/2014 of March 27, article 71,104, 107, and 108, the products purchased on this website may be returned and refunded, provided that the USER/CLIENT notifies the administrator of their intention to return the order.
The customer must take into account the contents of the order as it is perishable material, food, so they expire quickly.
6.2. WITHDRAWAL:
The right of withdrawal will not be applicable, in accordance with Article 103 of Law 3/2014, when the following sections apply:
- The supply of goods made according to the specifications of the consumer and user or clearly personalized.
In personalized products, the product made to specifications cannot be returned requested by the client.
- The supply of goods that can deteriorate or expire quickly.
Food or perishable products.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that after their delivery and taking into account their nature have been inseparably mixed with other goods.
l) The supply of accommodation services, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
6.3. RETURN:
The website administrator will only accept returns that meet the following requirements:
1.- The product must be in the same condition in which it was delivered and must retain its original packaging and labeling.
2.- The shipment must be made using the same packaging in which it was received to protect the product.
3.- In the event that it cannot be done with the packaging with which the USER/CLIENT was delivered, they must return it in a protective packaging so that the product reaches the web page administrator with the maximum possible guarantees for review.
4.- A copy of the delivery note or invoice issued inside the envelope must be included, if required explain the reason for the return.
If the reason for the return is attributable to the website administrator (the product is incorrect or incomplete, not what was ordered, etc.), the amount of the return will be refunded in accordance with article 107.1 of Law 3/2014. If the reason is another, the cost of the return expenses will be borne by the USER/CLIENT ;
To proceed with a return, the following steps must be followed.
1.- You must inform as soon as possible upon delivery and indicate that the product wants to be returned, explaining the relevant reasons.
2.- The USER/CLIENT must return the products using the same system as the delivery. The return will be paid by the USER/CLIENT.
3.- The website administrator accepts and processes returns and changes under the protection of local laws, and the aforementioned EU Directive.
7. REFUND TO THE CUSTOMER:
The administrator of the web page will manage the return of the amount of the order, under the same system that was used for the payment. The application of the refund to the account or card of the USER/CLIENT will depend on the payment system and the issuing bank, in accordance with article 107.1 and 108 of Law 3/2014
8. APPLICABLE LAW AND ARBITRATION:
The present terms and conditions of sale and use are governed by the applicable Spanish legislation on the matter. To resolve any controversy or conflict that may arise, the parties submit to the jurisdiction of the courts of BARCELONA , the city of origin of, BACALALO, owner of the WEB SITE, https://bacalalo.com , unless the law imposes another jurisdiction.
8.1. RESOLUTION OF CONFLICTS:
In application of Law 7/2017, of 2 November, in its Article 40.5, by which the Directive, 2013/11/UE, Reglamento-UE-524/2013, of the European Parliament and of the Council of 21 May, in its Article 5.1, relating to the alternative resolution of disputes in consumer matters for online product purchases, is incorporated into the Spanish legal system: Online Litigation Resolution Platform : (click here).
9. PRIVACY POLICY:
BACALALO, SL, informs of the possibility of exercising the rights of access , rectification , opposition, suppression, limitation, and portability , these rights may be exercised by any means that records its sending and receiving to the email address: admon@bacalalo.com , providing a photocopy of the DNI or alternative documentation that proves your identity, you can file a claim with the Control Authority, AEPD, ACPD and AVPD.
Date: 15/11/2023.