Terms and Conditions of Purchase
GENERAL CONTRACTING TERMS AND CONDITIONS
Introduction
This contractual document shall govern the General Terms and Conditions for the purchase of
Bakery and pastry products. (hereinafter, «Conditions») through the website
jansanaglutenfree.com, owned by JANSANA FAREBA, S.L. under the trademark
jansanaglutenfree.com, hereinafter, PROVIDER, whose contact details also appear in the Legal
Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce
them and keep them as confirmation of the contract and may be modified at any time by the
PROVIDER. It is the responsibility of the USER to read them periodically, since those in force at
the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the
Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
• Has read and understood the above.
• Is a person with sufficient capacity to enter into contract.
• Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the
PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the
countries to which it sends its products and reserves the right to unilaterally modify the conditions,
without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the Bakery and pastry products. contracted by the USER,
JANSANA FAREBA, S.L., whose registered address is at Avinguda Diagonal, 539, 3r Esquerra
08029 Barcelona, TIN B44592822 and telephone number for customer/USER service 629 14 42
54.
And on the other part, the USER, registered on the website by means of a username and
password, who is fully liable for the use and safeguarding of which and for the truthfulness of the
personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the
PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding
box during the online contracting process.
The contractual trade relationship involves the delivery of Bakery and pastry products., in
exchange for a certain price which is publicly displayed on the website.
Contracting procedure
The USER, in order to access the products offered by the PROVIDER, must be an adult and
register on the website by creating a user account. For this reason, the USER must freely and
voluntarily provide the personal data required, which will be processed in accordance with the
provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals
with regard to the processing of personal data and the free movement of such data and the
Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed
in the Legal Notice and Privacy Policy found on this website.
The USER selects a user name and password, committing to use them diligently and to not make
them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible
access by an unauthorised third party, so that the PROVIDER can proceed to immediately block
them.
Once the user account has been created, we inform you that, in accordance with the requirements
of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce
(LSSICE), the following steps will be followed during the contracting procedure:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competency.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the
acceptance by the USER of these legal terms and conditions. No stipulation made by the USER
may differ from those made by the PROVIDER unless expressly accepted in advance and in
writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The delivery period shall be between 1 and 2 working days, depending on the delivery location
and payment method chosen. This period is providing that the goods have been confirmed as
available and the full payment of the order has been verified.
In the event that the PROVIDER has not delivered the goods within 30 calendar days of the
agreed delivery date, due to the unavailability of the product or service, the USER will be informed
and will be entitled to cancel the order and will receive a refund of the total amount paid at no
additional cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount,
the USER may claim payment of double the amount due, without prejudice to their right to be
compensated for damages suffered beyond that amount.
The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled
because of false, inaccurate or incomplete information provided by the USER.
The delivery shall be deemed to have taken place when the USER has received the products
from the courier and the USER, or their representative, has signed a document confirming receipt
of the delivery.
It is the USER’s responsibility to check the products upon receipt and ensure that everything
claimed in the delivery receipt document can be justified.
3. RIGHT OF WITHDRAWAL
The food on offer is perishable, i.e. it can expire or deteriorate in a short period of time. This
type of supply of goods is exempt from refund, according to section 103(d) of Law 3/2014 of 27
March.
PROVIDER
In any case, the USER is offered the possibility of claiming possible defects or flaws in the order
within 24 hours of delivery, both online and offline, and, if considered, to make the return.
The must be informed of any return, by emailing tiendaonline@jansanaglutenfree.com, indicating the corresponding invoice number or order number. Once the USER has received the return number, they will send the product, indicating this number in the delivery note, covering the shipping costs themselves, to the PROVIDER at JANSANA FAREBA, S.L., Avinguda Diagonal, 539, 3r Esquerra 08029 Barcelona. After analysing the case, if the PROVIDER considers that the product did not meet the conditions of sale, within 48 hours will inform the USER of the amount and conditions of reimbursement.
4. CLAIMS
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and
can be made by contacting the following contact addresses:
Postal address: JANSANA FAREBA, S.L., Avinguda Diagonal, 539, 3r Esquerra 08029
Barcelona
Telephone: 629 14 42 54
Email: tiendaonline@jansanaglutenfree.com
5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation
shall be delayed until after the end of the case of force majeure.
6. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed
in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality
and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of JANSANA
FAREBA, S.L. or stipulated herein shall take effect, unless expressly agreed in writing and signed
by the PROVIDER, in which case, these particular agreements shall prevail.
The PROVIDER reserves the right to modify its specifications with respect to the information
provided in its advertisements, as long as this does not affect the value of the products offered.
These changes shall also apply in the event that, for any reason, the possibility of supplying the
products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or any other applicable
taxes. These prices, unless expressly stated otherwise, do not include shipping, handling,
packaging, insurance or any other additional services and attachments to the product
purchased.
The prices applicable to each product are those published on the website and shall be shown in
Euros. The USER accepts that the economic valuation of some of the products may vary in real
time.
Before making the purchase, the USER can check all details of the estimate online: items,
quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of
the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the products
are available.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered
USER or of the company name that they indicated while placing the order. This invoice will be
sent in paper format together with the purchased product. The invoice can be downloaded in
PDF format by accessing the web management panel with the user account. In the event that
the user wishes to receive it by e-mail, they must request it by any of the means that the
PROVIDER makes available to them, informing them that they may revoke this decision at any
time.
For any information about the order, the USER may contact the PROVIDER’s customer service
by calling 629 14 42 54. or by emailing tiendaonline@jansanaglutenfree.com.
9. SHIPPING COSTS
The prices do not include shipping expenses or additional services, unless expressly agreed
otherwise in writing.
Shipping costs will be calculated when saving the basket or estimate, since they are calculated
by the weight of the products and the delivery address.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and accepts the following
payment methods for orders:
• Credit card
The USER may use a discount coupon prior to the completion of the purchase if they have
received it from the PROVIDER.
Security measures
The website uses generally accepted information security techniques within the industry, such as
SSL, data entered on a secure page, firewalls, access control procedures and cryptographic
mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes,
the user/client agrees that the provider will obtain data for the purpose of the corresponding
access control authentication.
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 by the card brands’ programmes: the sale or offer of a
product or service that does not comply with all laws applicable to the Buyer, Issuing Bank,
Merchant or Cardholder.
11. PURCHASE PROCESS
Any product from the catalogue can be added to the basket. In the basket you can only view the
products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and
discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without
any commitment from either party.
Follow the steps below to correctly place an order from the basket:
1. - Confirm billing details.
2. - Confirm shipping address.
3. - Select payment method.
4. - Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s
management department and another to the e-mail of the USER confirming that the order has
been placed, its status and the approximate shipping and/or delivery date.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason
unenforceable, the term in question shall be deemed severable and shall not affect the validity
and enforceability of any remaining terms and conditions.
jansanaglutenfree.com may, without prior notice, suspend or terminate the USER’s access to its
e-commerce services, in whole or in part, for any valid reason, including, without limitation, where
USER fails to comply with or follow any of the obligations set forth herein or any applicable
provision of law, license, regulation, directive, code of practice or usage policies.
Where jansanaglutenfree.com exercises any of its rights or powers under this Clause, such
exercise shall not prejudice or affect the exercise of any other right, power or remedy which may
be available to jansanaglutenfree.com.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect
of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any
dispute that may arise from the provision of the products or services covered by these Terms
and Conditions to the courts and tribunals of the USER’S place of residence.