TITULARITY OF THE WEBSITE
ATHLETIC PROMOTIONS 2005 SL, (hereinafter ATHLETIC PROMOTIONS), with domicile at 119 Aribau Street, Barcelona, provided with a Tax Number CIF B63839690, registered in the Commercial Registry in Barcelona with the following references Tomo 33.583, folio 212, hoja número B-230.988, inscripción 1ª, is the owner of the website www.jamon34.com (hereinafter JAMON34/online) providing it to the clients of ATHLETIC PROMOTIONS, with the aim of providing a reliable service through which the customer can adquire the products offered by this society over the Internet through the aforementioned JAMON34/online, including its direct shipping to the adress specified to that intent.
JAMON34/online is devoted to the online sale of Spanish hams and cold meats from the best and most specialised producers in Spain, as well as the sale of utensils related to the aforementioned.
GENERAL TERMS OF SALE AND ACCEPTANCE
The present Terms of Sale regulate the commercial relationships created between ATHLETIC PROMOTIONS and the users or costumers who purchase the products offered by this society through JAMON34/online.
These Terms and Conditions have been drafted according to the established laws and normatives relating to this activity, as established in the following legal texts: Ley 34/2002, de Servicios de la Sociedad de la Información y de Comercio Electrónico. Ley 7/1998 sobre Condiciones Generales de Contratación. Real Decreto 1906/1999 por el que se regula la contratación telefónica o electrónica con condiciones generales en desarrollo del artículo 5.3 de la Ley 7/1998. Ley 26/1984 General para la Defensa de los Consumidores y Usuarios. Ley 7/1996 de Ordenación del Comercio Minorista. Ley 59/2003 de 19 de Diciembre sobre Firma Electrónica.
These General Contracting Conditions must be complemented by the General Terms of Use and navigation established at JAMON34/online, as well as any other Particular Terms or Terms specific to contracts that may be established.
Both browsing the site and adquiring any of the products of ATHLETIC PROMOTIONS through JAMON34/online imply the user’s acceptance, without reserve, of each and every of the following General Terms of Sale and Contracting Conditions, as well as all Particular Terms.
ATHLETIC PROMOTIONS may at any moment and without previous notice modify the present General Terms of Sale and Contracting Conditions as well as the Particular Terms through the publishing of said modifications on JAMON34/online so that they can be known and newly accepted by the users.
INFORMATION PREVIOUS TO THE CONTRACT
ATHLETIC PROMOTIONS will show at all times the products on sale along with their particular characteristics and price, reserving the right to choose at every moment which products are offered to the users or clients through JAMON34/online. Thus, ATHLETIC PROMOTIONS can at any moment add new products to the current offered, which will be regulated by the General Terms current at that moment. ATHLETIC PROMOTIONS also reserves the right to deny access, at any moment and without previous notice, to any of the products offered in JAMON34/online.
The use of JAMON34/online implies the conditions of being a User of it (hereinafter User) and implies full and unconditional acceptance of each and every one of the regulations included in this Legal Notice, in the version published by ATHLETIC PROMOTIONS an the moment the User accesses JAMON34/online. Therefor , the User must read the present Legal Notice carefully every time the Website is to be used, as it could be subjected to modifications.
The USER should abstain from any kind of activity that could be damaging in any way to JAMON34/online, ATHLETIC PROMOTIONS and/or other users of the same. Should the user fail to comply with any of the aforementioned obligations, ATHLETIC PROMOTIONS reserves the right to prohibit or deny access to JAMON34/online of that User.
The user declares to know and accept as well the General Contracting Conditions here contained as well as any other specific or general Terms which may be established regarding the purchase of certain products of JAMON34/online and which will be specified onscreen during the browsing.
In accordance to the Terms and Conditions of this Legal Notice, along with the General Contracting Conditions, ATHLETIC PROMOTIONS reserves the unilateral right to temporarily suspend or definitively terminate the provision of services through JAMON34/online, as well as temporarily or definitively suspending the services of the website.
The access code/ username /password are obtained by following the process in use at any time as stipulated in JAMON34/online by ATHLETIC PROMOTIONS. The user should not allow the use of their own access code/ username / password to third parties. It is the responsibility of the User to protect and accordingly update the access codes/ passwords. For greater security, ATHLETIC PROMOTIONS recommends that the User should not use the same word for both the User name and password. ATHLETIC PROMOTIONS accepts no responsibility for any possible damage or prejudices or unobtained benefits by the User, which may have been produced as a consequence of the loss or extraction of the access code/ user name / password to third parties and/ or their use by a th ird party. ATHLETIC PROMOTIONS reserves the right to unilaterally modify at any time the system by which users can access JAMON34/online.
JAMON34/online may use cookies when a user browses through the site. Cookies are files sent to a browser through a web server to register the activity of the user in the website. The cookies used by JAMON34/online are solely associated to an anonymous user and the access computer, and do not supply the user’s name or surname. The user can configure their computer to provide on-screen warnings of the reception of cookies and avoid their installation in the hard drive. It is not necessary to permit the installation of temporary cookies to access JAMON34/online.
INTELLECTUAL AND INDUSTRIAL PROPERTY
ATHLETIC PROMOTIONS is the owner in totality of the domain and the Website www.jamon34.com, including without exception, its design, structure and distribution, response to the consultations made by users, texts and contents, logos, buttons, images, pictures, source code, as well as copyright and patent rights and any other distinctive signs belong to ATHLETIC PROMOTIONS or, in given cases, the people and companies that appear as the authors or owners to the rights. Violation of the aforementioned rights shall be dealt with in accordance with the present legislation. Reproduction, or the total or partial exploitation, by any means, of the content of JAMON34/online for uses other than the legitimate information and contractinb y users of the offered services is strictly forbidden.
ATHLETIC PROMOTIONS accepts no responsibility in any respcet for copyright and patent rights belonging to third parties that are infringed by a third party or user.
RESPONSIBILITY FOR FUNCTIONING OF SERVICE
Limit of Responsibility:
The acceptance by the User of the following limit of responsibility is an essential element for the validity of the purchase. Therefore, in the rendering of the service, the maximum responsibility assumed by ATHLETIC PROMOTIONS will never be more than the price of the product plus 10% (all the managing and shipping costs included, which will be charged to the User). Consequently, if an error or negligence can be proven, the compensation will never be an amount bigger than the aforementioned. ATHLETIC PROMOTIONS will in no case be held responsible for damages or loss of profits due to negligence in a purchase.
Exemption of responsibility for functioning of JAMON34/online:
ATHLETIC PROMOTIONS does not guarantee that JAMON34/online will constantly be dependably and correctly functional, without delays or interruptions, and therefore ATHLETIC PROMOTIONS takes no responsibility for damage or prejudice caused by possible unavailability or technical discontinuity of JAMON34/online.
ATHLETIC PROMOTIONS accepts no responsibility for any damage and/or prejudice and/or unobtained benefit by the user or any damaged third party as a result of any uncontrollable circumstance, any incident, failure or error of communication systems, or defective service supply or Internet failure.
ATHLETIC PROMOTIONS does not guarantee that the content of JAMON34/online will always be up to date, nor that the content contributed by users or training centers will observe laws, morals, good faith and/or decent behaviours, or that they do not contain some kind of error; therefore, ATHLETIC PROMOTIONS accepts no responsibility for any damage and/or prejudice and/or unobtained benefit by the user or any damaged third party as a result of the same.
ATHLETIC PROMOTIONS accepts no responsibility for any damage and/or prejudice and/or unobtained benefit by the user or any third party caused directly or indirectly by connection and/or use and/or access to www.jamon34.com or pages linked to it, and is therefore not responsible for any damage and/or prejudice and/or unobtained benefit by the user or any third party for the following causes:
# Incorrect functioning, defects, failures and/or damage caused totally or partially to the user's hardware or software.
# Loss, alteration and/or total or partial damage of information contained in magnetic supports, discs, tapes, floppy discs and others, as well as the introduction of computer viruses or unwanted variations or alterations of all information, documents, files, databases, hardware and/or software.
Order Shipping
For national shipping (Spain) the service used will be SEUR Shipping 24 h (workdays). For international shipping (outside Spain) the service used will be SEUR International and the shipment will generally be sent by land (air shipment will be used in special occasions). Delivery can take between 2 and 7 workdays, depending on the destination country (see table for time estimates).
ATHLETIC PROMOTIONS will proceed with the maximum diligence contracting a good delivery service as to provide the user, in time and form, the adquired products.
ATHLETIC PROMOTIONS is not risponsible for the delays in shipping and delivery caused by the shipping company. All claims regarding the delay in the shipping will be properly sent to the shipping company who will have to respond for that.
Order Delivery
The order will be delivered to the adress requested by the customer. If the customer were not to be present in the moment of delivery, the customer will have to get in touch with the Customer Relations Service of ATHLETIC PROMOTIONS to agree on a new day and time of delivery (tel # +34 902 020 534, e-mail info@jamon34.com).
City Normatives over land traffic in the Old Town of certain towns limits the possibility of delivery at certain hours.
In the event that the customer cannot be present at the time of delivery, the order will be delivered to whomever is in the indicated address and is over 18 years old. ATHLETIC PROMOTIONS understands that the ordering customer authorises the person in the indicated address to receive the order in his or her name. Therefore, it is the sole responsibility of the customer to authorise a third person for the reception of the delivery and the acceptance of the purchase in the delivery address.
Order delivery will be made to the address specified by the customer, and it is compulsory that the receiving person signs the delivery form. The person who receives the order is allowed to inspect the order at length and reject the order in that moment.
Delivery service will hand in a delivery form / confirmation of delivery which must be signed by the customer or the person who receives the order.
Under no circumstance will ATHLETIC PROMOTIONS be held responsible for the lack of delivery due to incomplete or erroneous information provided by the User or any unforeseeable incidents.
The following are examples of unforeseeable incidents beyond the control of ATHLETIC PROMOTIONS:
Unforeseeable and unsolvable defficiencies in the internal functioning of the State Society of Mail and Telegraph or any other messaging services used by ATHLETIC PROMOTIONS, accepting the provision that this service and ATHLETIC PROMOTIONS will conduct the greatest efforts to guarantee the delivery in time and form.
Theft or damage to the order happening during the shipping due to unforseeable causes beyond the control of ATHLETIC PROMOTIONS.
Returns
In the event that the customer is not fully satisfied with the purchase, the order can be returned in the moment of delivery, only paying for the products he or she wishes to keep and rejecting those that were not part of the initial agreement. The aforementioned clause notwithstanding, this right will be denied in the cases that, due to the nature of the purchased products, a devolution is impossible, without prejudice to the corresponding reclamation of damages and prejudices incurred. ATHLETIC PROMOTIONS has a Complaint Book available to the costumer.
JAMON34/online only accepts the return of products which upon delivery are found to be damaged, and will send a new product to the costumer.
Guarantee and quality.
JAMON34/online guarantees that all our products have undergone Quality Control and Health Tests according to food transport and handling. All our hams offer our customers guaranteed food safety:
ISO 9002 Norm: Quality guarantee in all tasks undergone.
E.T.G. Traditional Delicacies Guarantee: all our white pig hams are serrano Hams.
ISO 14001 in a clear and decisive Environmental Protection Policy; as well as multiple hygenic and sanitary checks, workers’ education in matters of food handling, product analysis and more.
Pricing Display.
JAMON34/online will display at every moment the products on sale along with their particular characteristics and pricing. ATHLETIC PROMOTIONS reserves the right to choose at every moment which products are on offer to the users or costumers through JAMON34/online. Therefore, ATHLETIC PROMOTIONS can at any moment add new products to the offered according to the General Terms in use at that moment. Additionally, ATHLETIC PROMOTIONS reserves the right to terminate access, at any moment and without previous notice, to any of the products offered in JAMON34/online.
The price of each product will be displayed onscreen. In the case that the price of the products is determined by weight, the displayed price will be either by kg or the price of the packaged product, taking into account that in the second case the final price included in the purchase ticket will depend on the real price of the product. Onscreen prices will be displayed in the local coin and will include the corresponding tax (IVA, VAT, etc) as well as all costs of shipping for orders to be delivered within the national territory. The prices displayed online are current at all times, except in the case of a typographical error.
Minimum Purchase.
There is no minimum purchase at JAMON34/online.
Appliable law and competent jurisdiction
The present General Terms will be regulated by Spanish Law.