General terms and conditions
GENERAL TERMS AND CONDITIONS
The general terms and conditions that expressly regulate the relations between PRODUCTOS ALIZA, S.L., with Spanish tax identification number B90292210 and registered offices at Log. Carmona, N-IV Sevilla-Madrid Km 521, Manzana B, Nave 2, 41410 Carmona (Seville) (hereinafter “ALIZA”) and the third parties who acquire the products sold by TIENDA CINCO JOTAS (https://www.cincojotas.com/) (hereinafter, “the Customers” or “the Users”).
If you do not agree with these Terms and Conditions, please do not place an order.
1 - BACKGROUND
1.1. The trade relations between ALIZA and Users of the Online Store called TIENDA CINCO JOTAS (hereinafter “TIENDA CINCO JOTAS” or “the store”) managed by ALIZA. Access to TIENDA CINCO JOTAS and, generally, the trade relationship between Customers and TIENDA CINCO JOTAS, including the purchase of any of the goods and products offered by the Store (hereinafter “Products”), is regulated in these general terms and conditions (the “General Terms and Conditions”) and where applicable in the specific terms and conditions that may be established (the “Specific Terms and Conditions”).
1.2. The General Terms and Conditions shall be applicable whenever they are available on the Store and in the version available. TIENDA CINCO JOTAS reserves the right to amend or replace both the General Terms and Conditions and the Specific Terms and Conditions at any time, as well as any policy, directive, or legal notice. Customers who visit the Store shall be subject to the General Terms and Conditions applicable at the time of purchase. Their full text shall be available at https://www.cincojotas.com/
1.3. Whenever an inconsistency or contradiction arises between the General Terms and Conditions and the Specific Terms and Conditions, the latter shall always prevail with the applicable Products.
1.4. Any queries, suggestions, complaints, or claims regarding online Product sales may be made to Customer Service:
TIENDA CINCO JOTAS
Parq. Log. Carmona, N-IV Sevilla-Madrid Km 521, Manzana B, Nave 2, 41410 Carmona (Seville).
Tel.: +34 900 103 191
Telephone service hours: from Monday to Friday from 9 am to 7 pm.
When TIENDA CINCO JOTAS receives complaints or claims from Customers via any of the means available to them, it will provide Customers with a claim ID and written confirmation, either on paper or any other durable medium. TIENDA CINCO JOTAS will resolve the complaints and claims within a period of 30 days after their receipt.
2 - STORE ACCESS AND USE
2.1. In order to purchase Products from the Store, Customers will be asked to complete an electronic form that will be applicable at all times and available on the Store page; they must follow the instructions indicated therein and always and exclusively provide accurate and truthful data.
2.2. If Customers would like to register they must also select a username and password, security elements that allow them to make purchases from the Store and facilitate their identification in subsequent purchases, order creation and access to past orders, preference management, and notifications. These data are confidential, non-transferable, and for personal use. Once Customers have registered, TIENDA CINCO JOTAS will send them an email to the account they have specified in order to confirm the registration. The Customer is the only party responsible for appropriate safeguarding and confidentiality of the password, and therefore any third party who uses it is understood to act on behalf of the Customer and with his or her consent.
2.3. All product purchases from the TIENDA CINCO JOTAS made with identification and authentication with a username and password are understood to have been made by the Customer and shall be binding. Therefore, the Customer shall be solely responsible for any products purchased with his or her username and password.
2.4. Placing orders on the TIENDA CINCO JOTAS by minors, who falsify registration or purchase information, shall be understood to have been done under the supervision and authorization of the minor’s parents, tutors, or legal representatives.
2.5. Using the Store, browsing it, and/or purchasing any Products from it entail the Customers’ full and unreserved acceptance of the General Terms and Conditions as well as, where applicable, the Specific Terms and Conditions. In the event that Customers do not wish to accept all or some of the applicable conditions, they may simply not access and not use the Store.
2.6. The legal relationship arising from Store Customers who register is indefinite, without prejudice to either the Customer or TIENDA CINCO JOTAS terminating it or suspending it unilaterally at any time of the canceling party’s own free will expressed to the other party as such. This termination or suspension shall not affect any of the obligations arising from purchases or orders made previously.
3 - PRODUCT INFORMATION AND AVAILABILITY.
3.1. The Products that may be purchased from TIENDA CINCO JOTAS are those that appear on the screen at any given time along with their essential characteristics and price. Before confirming the order, the applicable shipping fees to the home or pick up point of the Customer will appear.
3.2. Offers shall be duly indicated as such.
3.3. All orders and purchases from TIENDA CINCO JOTAS shall be subject to the effective availability at the time the shipment is prepared.
4 - PRICES AND SHIPPING FEES.
4.1. The price of each Product shall always be shown in the applicable currency and shall include, where applicable, the corresponding taxes.
4.2. The product price does not include shipping fees, which shall be paid by the Customer, unless otherwise expressly indicated. The Customer shall be duly informed of the amount of these fees, which shall be broken down prior to the confirmation of the order and payment. Shipping to Spain (except to the Balearic Islands, the Canary Islands, Ceuta, and Melilla) of more than €100 shall be exempt from shipping expenses.
4.3. Shipping expenses shall depend on the Product purchased, the destination of the Product, and the shipping mode selected by the Customer, among other circumstances. Shipping fees based on Product type may be consulted here: https://www.cincojotas.com/terms-and-conditions/.
4.4. The prices and shipping fees included in the Store are exclusively applicable to the products offered on the Store and for the duration of the time they are posted. TIENDA CINCO JOTAS expressly reserves the right to change prices at any time without prior notice. However, the applicable rates indicated on the Store site at the time the order was placed shall be applied.
5 - PURCHASE PROCESS
5.1. In order to be able to purchase Products, Customers must select the desired Product and add it to their Shopping Carts, according to the instructions shown on the screen.
5.2. Once the purchase has been made, TIENDA CINCO JOTAS shall send the Customer an email to the specified address, to confirm the purchase made. This email shall serve as proof of the transaction.
5.3. The Customer shall be able to request the invoice corresponding to a purchase in digital or paper format by selecting this option in the purchase process. The order confirmation and the Proof of Purchase shall not be valid as an invoice.
6 - PAYMENT METHOD
6.1. The Customer must follow the instructions offered on the Store. Payment of Products and Shipping Fees may only be made with credit or debit cards or the other payment methods available for the Store at the time. In any case, the particular use of any payment method available shall be subject to the checks and authorizations of the entities responsible for said methods; therefore if the corresponding entity does not authorize payment, the purchase process shall be terminated and the order shall be automatically canceled. Once the payment has been authorized, the price of the Products, their taxes, and the Shipping Fees shall be charged at the time the order is formalized.
6.2. In order to use electronic payment methods, TIENDA CINCO JOTAS uses an e-commerce payment gateway. The data provided to TIENDA CINCO JOTAS by Customers for these purposes are encrypted in order to ensure the utmost security thereof throughout the payment process and while they reside on the “Secure Socket Layer” protocol certified secure server. Under no circumstance shall Customer data be stored on the payment gateway; they shall only be saved while the purchase transaction is ongoing, while payment is made, and until the withdrawal period has ended.
7 - PRODUCT SHIPMENT AND DELIVERY
7.1. The Store may offer customers different types of shipping. The availability of different shipping modes shall depend on different factors such as a decision from TIENDA CINCO JOTAS itself to offer a certain shipping mode, the type of product, and other factors. TIENDA CINCO JOTAS does not guarantee the availability of different shipping modes at all times. When, based on previous factors, there are different shipping modes they may include the following, among others:
A) Regular Shipping.
B) Rush Shipping.
7.2. Customers shall select the preferred delivery format from those available.
7.3. The transport costs corresponding to the delivery format and timeline shall be indicated to Customers during the purchase process.
7.4. Residential delivery: In cases of Regular and Rush shipping, Products purchased from the Store shall be sent to the street address indicated by the Customer. The street address cannot be a post box or a public place such as a public road, squares, stations, airports, and similar addresses.
7.5. The delivery time frame with Regular Shipping shall be between one and two business days within Spain (except for the island territories, where the time frame shall be 10 business days), between two and three days in France and Portugal (except for the island territories where the time frame shall be 10 business days), and between three and six days in the rest of Europe from the time of order confirmation and payment, except in the event of force majeure.
7.6. The delivery time frame for Rush Shipping shall be a maximum of 24 hours any day of the week excluding Spanish national or local holidays from the time of order confirmation, except in the event of force majeure.
7.7. In cases of Regular or Rush Shipping to residential areas, if the package is denied or cannot be delivered to the address indicated at the first attempt, a second attempt will be made on the same day or in the coming days. If delivery is not possible on this second attempt, the Product shall be returned to the Store. Transport and return costs shall be paid by the Customer and the price of the Products that could not be delivered shall be repaid within 30 days using the same payment method the Customer used to pay for the initial purchase.
7.8. Proof of Purchase shall be sent along with the Product or Products.
7.9. In the event that for any reason TIENDA CINCO JOTAS does not comply with its obligation to deliver within the set timelines, or within the timeline specifically agreed upon with TIENDA CINCO JOTAS, the Customer shall ensure that the delivery may occur within an additional time frame appropriate to the circumstances of the case. If TIENDA CINCO JOTAS does not deliver within this additional time frame, the Customer shall have the right to terminate the contract. In the event that the contract is terminated, TIENDA CINCO JOTAS shall return the amounts paid by the Customer as quickly as possible.
7.10. Shipping of any long lasting products shall be accompanied by the corresponding guarantee expressing: (i) the product in question; (ii) the name and address of the person issuing the guarantee (normally the product’s manufacturer); (iii) that the guarantee does not affect the legal rights of the customer regarding product defects or lack of conformity; (iv) the duration of the guarantee; (v) the channels to make a claim to enact it; and (where applicable) the rights in addition to the legal rights given to the Customer.
8 - CANCELLATION
8.1. Customers acquiring Products from the Store may void a purchase without justifying their decision by withdrawing from the contract in the terms that may be consulted in the following link.
Product returns may be done through the Store by filling out the online form attached to the return request, or via Customer Service, where the steps to be taken shall be indicated:
TIENDA CINCO JOTAS
Parq. Log. Carmona, N-IV Sevilla-Madrid Km 521, Manzana B, Nave 2, 41410 Carmona (Seville)
Tel.: +34 900 103 191
Telephone service hours: from Monday to Friday from 9 am to 7 pm.
Customers have 14 calendar days from the date on which the Products were received to send this communication. Customers must return the Products in perfect condition (undamaged, clean, unopened), duly protected, and in their original packaging. Before returning the Product, Customers must ensure that the Product has been duly protected and shut so that it will not be damaged in transport. Once the returned Products are received by the Store and their condition has been checked, the amount corresponding to the returned units shall be returned within fourteen (14) calendar days using the same payment method the Customer used to make the initial purchase. Return shipping fees shall be paid by the Customer. Withdrawal shall not occur when the nature of the Products themselves causes withdrawal to be impossible to be carried out, without prejudice to the corresponding claim of damages suffered including, specifically: (i) Products crafted in accordance with the indications or specifications of the consumer or that were personalized for this individual; (ii) Products that expired during the cancellation period; (iii) Products that are not in perfect condition. If the Product is defective, TIENDA CINCO JOTAS shall always be responsible for replacing it, without any expense for the Customer. In the event that the Product cannot be replaced due to availability, a full refund of the purchase price and shipping fees shall be made.
9 - GENERAL GUARANTEE
To apply the guarantee set forth in the Consolidated Text of the General Law for the Defense of Consumers and Users, and without prejudice to the ability of TIENDA CINCO JOTAS to check for defects, their source, and the time they appeared, the Customer must request that the defective Product be picked up within two months since the defect appeared, having informed TIENDA CINCO JOTAS in writing of the nature of the issue and the time and conditions of said defect’s appearance.
10 - PRODUCT QUALITY GUARANTEES
All TIENDA CINCO JOTAS Products indicate the preferred consume by date and the conditions necessary for proper storage. Therefore we recommend you follow these suggestions. If the Customer considers that a Product is not in the proper condition for consumption, the Customer shall contact Customer Service, via email at email@example.com or by calling +34 900 103 191 to report the nature of the issue and the time and conditions of its appearance. To apply the quality guarantee and without prejudice to the ability of TIENDA CINCO JOTAS to check for defects, their source, and the time they appeared, the Customer must request that the defective Product be picked up within one month from receipt of the Product or immediately following the appearance of the defect. In the case of hams and shoulders, claims shall not be accepted for pieces that do maintain three fourths of their original weight. If TIENDA CINCO JOTAS verifies that, indeed, the Product was not in proper condition and the Customer was not at fault for this (particularly due to inappropriate storage conditions), TIENDA CINCO JOTAS shall be responsible for replacing it, without any expense for the Customer. If TIENDA CINCO JOTAS determines that the defect discussed in the claim is the fault of the Customer or that it was in proper condition, the Product shall be resent to the Customer, who must pay for the pick up, return, and reshipping fees.
11 - EXEMPTION FROM LIABILITY
TIENDA CINCO JOTAS has implemented and maintains the highest levels of security required by Law in order to protect personal User data from incidental losses and unauthorized access, processing, or revelation, considering the current state of technology, the nature of the data stored, and the risks said data are exposed to. However, transmitting information over the Internet is not fully secure; therefore, and despite the fact that TIENDA CINCO JOTAS will make its best effort to protect User data, it cannot guarantee data security while said data are being transmitted to the Store. All information provided by Users shall be sent of their own accord and at their own risk. Once the User data are received, TIENDA CINCO JOTAS shall use rigorous security procedures and functions in order to inhibit any unauthorized access.
12 - INTELLECTUAL AND INDUSTRIAL PROPERTY.
TIENDA CINCO JOTAS is governed by Spanish law and is protected by Spanish and international law on intellectual and industrial property. All content shown on TIENDA CINCO JOTAS and especially designs, text, audio, graphics, logos, databases, trade names, brands, or any other marks susceptible to industrial and commercial use are subject to the rights of intellectual and industrial property rights of ALIZA, ODISA or third party owners that have duly authorized their inclusion on TIENDA CINCO JOTAS. Users are authorized to use, view, and print the content and/or elements inserted on TIENDA CINCO JOTAS exclusively for their own non-profit use, and consent from the owner is required for the above-mentioned rights for any use other than those expressly permitted. Under no circumstance shall any license be understood to be granted or said rights to be renounced or transferred in full or in part, nor expectation of right to be conferred, especially, rights of alteration, exploitation, reproduction, distribution, or public communication on said content without the prior express authorization of the corresponding owners. Any infraction of these rights may prompt extrajudicial and civil or criminal court proceedings as appropriate.
13 - PERSONAL DATA
The personal data protection policy of TIENDA CINCO JOTAS is available to Customers here: https://www.cincojotas.com/privacy-policy/.
14 - GENERAL ASPECTS
TIENDA CINCO JOTAS makes these Hiring Terms and Conditions available with sufficient notice and in accordance with applicable legislation so that they may be consulted, saved, and reproduced. In the event that any provision of these Terms and Conditions is declared null or inapplicable, in full or in part, by any Court, Tribunal, or competent administrative body, said declaration shall not affect the remaining provisions. In that event, the affected clause or clauses shall be replaced by others with similar purposes as those being replaced.
15 - APPLICABLE CALENDAR
TIENDA CINCO JOTAS shall understand all timelines and business days with reference to the Spanish National Calendar.
16 - APPLICABLE LEGISLATION
The parties chose to submit to the courts and tribunals of the residence of the User to resolve any conflicts, expressly waiving any other jurisdiction. These Terms and Conditions were drafted in accordance with Law 34/2002, on Information Society and Electronic Commerce Services, Law 7/1998 on General Terms and Conditions of Business, Legislative Royal Decree 1/2007, of 16 November, approving the Consolidated Text of the General Law for the Defense of Consumers and Users, other laws.