CONDITIONS OF PURCHASE

We invite you to review the general conditions of purchase that regulate the offer and purchase of Xocolating 1944, S.L. through the online store included in this website.

By using this website you are bound by these conditions so we recommend that you read them carefully. If you do not agree with them you should leave the website.

1. PRELIMINARY ARRANGEMENTS

These terms and conditions of purchase apply to all sales of Xocolating 1944, S.L. branded items made through the www.xocolating1944.com  website (hereinafter referred to as the "website").

By placing an order, you warrant to us that you are 18 years of age or older and that you have the legal capacity to enter into binding contracts.

Orders may only be placed for the purchase of goods not for resale. Any resale or distribution of products purchased through the Website is strictly prohibited.

We reserve the right to cancel fraudulent, false or speculative orders as well as those orders that have been requested by a customer with whom there may be a difference/controversy in previous orders, or when there is reasonable doubt that the customer is violating any of the specified conditions of purchase or is participating in any criminal activity.

We may update these terms of purchase and the legal notice at any time. You can always consult and print the updated version of both texts by clicking on the links "Conditions of Purchase" and "Legal Notices".

1.1.Obligations of the user

As a user you are obliged to provide Xocolating 1944, S.L. with all the necessary information to access and use the services of this website. These must be true and current and you agree that we may use them to contact you if necessary.

It is essential that you provide all the information that we catalogue as obligatory, since, if you do not, we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of error or omission of these data.

The user must make proper use of the services included in the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.

1.2. Security measures

We will put in place all reasonable mechanisms to ensure that your personal information is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed to be secure from access by unauthorized recipients and that we cannot be held liable for any failure in security unless this is due to our negligence.

You must also take the necessary security measures, both personal and material, to maintain the confidentiality of your user name and password and to notify us immediately if your user name and password is lost, misplaced, stolen or unlawfully accessed, or if it becomes known to a third party.

2.CONDITIONS APPLICABLE TO ORDERS

All products offered on this website are sold directly by Xocolating 1944, S.L. with CIF B66105917 and address at Passatge Vendrell 5 08560 Manlleu .Barcelona (Spain).

2.1. Purchasing procedure

You can browse the website until you find the desired item. Once located, clicking on it will access all the detailed information offered by the website. From there you will be able to add the article to your purchase.

If you are placing an order with us for the first time, you will be asked to register by entering your email address and a password with which you can create and access your account.

If you are a registered user with an active account, you must enter your email and password and the system will recognize your data.

Once you are in your account you can continue your purchase and finally confirm the order.

2.2. Coverage of the offer

The delivery area of these items is limited to Spain. By accepting the order, you confirm that you are a customer residing in one of these areas. Any other delivery address will result in the automatic cancellation of the order.

2.3. Availability

All orders are subject to availability. We are not responsible for the non-existence or unavailability of the products.

Please refer to the selection of items available for sale through the website, as not all items that we may offer in our store or that may appear in catalogues, websites or other presentations are available for this type of sale.

If a product is not available after the order has been placed, you will be informed as soon as possible by email or phone and the order will be cancelled.

If you have any doubts, we recommend you contact our customer service.

The order will not be accepted by us until the amount has been charged to your account. After confirming the purchase, you will receive an e-mail as an acknowledgement of receipt, but this will not imply that the order has been accepted, as this will be subject to our subsequent verification and acceptance.

We will confirm the acceptance of the order in an e-mail in which we will inform you that the order is being sent. Only then will the contract between you and us be formalized, and only for the items listed in that shipping confirmation.2.3. Contract with Xocolating 1944, S.L. and acceptance of orders

2.4. Order confirmation and cancellation 

Before you complete your order on the website, you can review all the details associated with your order (amounts broken down under all the necessary headings - taxes, transport costs, item selection, etc.), and you can correct what you think is necessary.

After confirmation it will not be possible to modify or cancel the order through the website, you must contact us. In this case, the order can only be modified or cancelled if the article has not entered the dispatch phase from our warehouses.

2.5. Currency, tax and price

In accordance with current legislation, all purchases from our website will be subject to value added tax. The applicable rate will be the one legally in force at the time.

All prices are shown in Euros (EUR), and must be considered as the final price to be paid by the customer (including VAT or not depending on the territory of delivery, as indicated in the previous paragraphs).

2.6. Method of payment and security

Any order placed must be paid immediately upon confirmation of the order. Only orders for which payment has been completed and verified will be processed.

Payment must be made by bank deposit, bank transfer, credit and debit card (issued by an entity with registered office in Spain) as well as confirming.

The buyer can pay his order through the bank gateway Redsys of Banco Sabadell.

The amount of the order will be charged to your card, so you must indicate the number, the expiration date and the security code CW2 (on the back of your card). If your card is secured, you will be asked for the relevant security codes.

This data will not be stored or manipulated by us, but will be recorded directly in the payment gateway of the corresponding financial institution. For greater security, we will use a Secure Electronic Commerce Authentication Service, a system established by Visa / MasterCard / Eurocard, whereby the customer is authenticated by the issuing bank and the merchant is authenticated by the acquiring bank.

The charge will be carried out in real time through this payment gateway. In the event that the charge cannot be finally carried out (for any reason), the order will be automatically cancelled.

DISCOUNT CODES 

From time to time promotional codes may be offered that result in a discount on one or more products, an entire order or shipping service.

The terms and conditions of use related to any discount code will be specified at the time of issuance. However, these terms and conditions apply to all Xocolating 1944 promotions, contests and discount codes (unless otherwise stated):

- Only one promotional code may be used per order.

- The free shipping offer is not available on an order where a promotional code has been used.

- A promotional code cannot be used after an order has been placed.

2.7. Deliveries: types, periods and problems

Delivery may be made to the address of your choice (except for post office box). Home delivery of orders will be made by a logistics operator within normal working hours. If no one is at the address when the logistics operator comes, he will leave a note and your customer service department will try to contact you to close the delivery. 

The usual delivery time will be approximately 3 to 7 working days after the order is approved. This period may be increased in periods of sales, Christmas campaigns or in case of customs formalities or other circumstances arising from (for information only) geographical distance, weather conditions, wars, strikes, any form of government intervention, failures of our suppliers, etc.. as well as any other attributable to the logistics operator responsible for product delivery. We are not responsible for any delays that may occur for any of the above reasons. 

If, at the time of delivery, the packaging of the order is damaged, you must open the package in the presence of the logistics operator to check the condition of the items. If damage is observed, you must detail it on the delivery note and contact us. We will repair or replace at no cost to you all those items that have been damaged or lost during transport, provided that you notify us as soon as possible. 

Once the order has been delivered, it will become your property and therefore, all damages that may occur will be your responsibility.

2.8. Return, exchange and refund policy

Right of Withdrawal:

The Client will have a maximum period of 14 calendar days from the delivery of the Product or from the conclusion of the contract if it is a service, to communicate its total or partial withdrawal from the purchase of the Product or service, in accordance with applicable legislation. The return made within this period will not involve any penalty. However, the Customer must assume the shipping costs.

Please mark the items to be returned on the purchase ticket you receive with your order.

You must send the article / s in the original packaging in which it was delivered by the logistics operator.

Once the return has been disappointed by us, we will verify that the returned items physically correspond to the return slip and additionally that they have been received in perfect condition, complete, in their original packaging and without any signs of having been used. If the verification of the state of the order is satisfactory we will proceed to reimburse you the money that you would have paid in its moment in the same credit card from which you made the payment, in the maximum term of a month. Otherwise, we will contact you to send you the item again (the transport costs associated with this new shipment will be your responsibility).

2.9. Warranty of the products

The warranty period is two years, but does not include deficiencies caused by negligence, beatings, misuse or improper handling, etc.., or materials that are worn by use. In case of a defect caused by misuse, the repair will be invoiced after the estimate. 

In those incidents that justify the use of the guarantee, the repair, replacement of the article, discount or return will be chosen, in the terms legally established.  XOCOLATING 1944, S.L.  will make changes or returns whenever:

Prior notice is given to our Customer Service Department within two months: This step is essential whatever the reason for the return. You can do this by sending us an email to xocolating@xocolating1944.com   attaching a copy of the ticket or invoice and the order number in the subject line of the email. We will tell you how you can act for the return of the article.

The item to be returned must be correctly packaged for return. The packaging must be in perfect condition and retain all its accessories and instructions of origin in order to be returned.

Failure to comply with the two-month deadline will not result in the loss of the corresponding right to remedy, the customer being responsible, however, for any damages or losses actually caused by the delay in communication.

Commercial guarantee: manufacturers may offer additional guarantees, the extension and duration of which differ according to the products and brands. Such guarantees shall be exclusively at the expense of the manufacturer who is bound by them.

Under the Royal Legislative Decree, the seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale in the terms that it establishes (Article 114), under which "The seller is obliged to deliver to the consumer and user products that conform to the contract, responding to him for any lack of conformity that exists at the time of delivery of the product”.

The calculation of the guarantee will begin on the same day of the purchase, by virtue of the aforementioned article 123 of the Royal Legislative Decree.

3. PARTIAL NULLITY

If any part of these conditions of service is contrary to law and therefore invalid, this shall not affect the other provisions in accordance with the law. The parties agree to renegotiate those points of the conditions of service that are invalid and to incorporate them into the rest of the conditions of service.

4. MODIFICATION OF THE GENERAL CONDITIONS OF SALE

Xocolating 1944, S.L. reserves the right to modify the general conditions of sale without prior notice, and may change, delete or add both content and services provided through it and the way in which these appear presented or located on its servers.

These changes must be accepted by the user each time a purchase is made through the website.

Customers who do not agree with the changes in the general conditions, must notify and, from the date on which the new version comes into force, must stop using the services of the web.

In the event that some of the terms of the general conditions of sale are declared illegal or unenforceable by a court decision, the other provisions will remain in force.

5. APPLICABLE LAW AND JURISDICTION

This site is located and operated in Spain. All matters relating to this site are governed by the laws of Spain and are subject to the jurisdiction of the competent courts of Spain. The principles of conflict of laws do not apply.

In those cases where the client is not a consumer or user, or is domiciled outside of Spain, they will submit to the national Courts and Tribunals, expressly renouncing any other jurisdiction that may correspond to them.

If the user decides to use or consult this site outside of Spain, he must bear in mind that he does so on his own initiative, and that he is responsible for compliance with the relevant laws.

This contract will come into force and will be fully effective from the moment the client or user accepts it.

This contract, and therefore the general conditions that it incorporates, together with the annexes (if any), in addition to being read on this website, may be stored, archived and reproduced by the usual electronic or computer means.

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