This contractual document shall regulate the contractual relationship arising from the product acquisition through the website https://sturioscaviar.com/ owned by SOUVENIRS LA CAPRICHOSA, S.L., (hereinafter, “STURIOS CAVIAR”).
The acceptance of this document entails that the User:
- Has read and understands the provisions.
- Has the power to enter into agreements.
- Assumes all obligations set forth herein.
These conditions shall have indefinite validity, and shall be applicable to all contracts made through the STURIOS CAVIAR website.
STURIOS CAVIAR reports that it is liable and understands the current legislation of the countries to which the products are sent, and reserves the right to unilaterally alter the conditions, without this affecting the goods or offers that were acquired prior to the modification.
The User is duly informed that the products marketed through the Website have a perishable nature and need special storage conditions, since the decomposition process is simple and quick if they are not properly preserved. Agents such as temperature, humidity or pressure are determinants for the product to begin its deterioration.
Identity of the contracting parties
On one hand, the supplier of marketed products is SOUVENIRS LA CAPRICHOSA, S.L., with registered office at C/MAYOR, 21, 1st FLOOR, PREMISES 6-7, 28013, MADRID, SPAIN, with Tax ID number B-87983987, and with customer service number: (+34) 605 241 849.
The purpose of this Contract is to regulate the sale and purchase agreement between STURIOS CAVIAR and the User at the moment the latter completes the purchase process through the Online Store, and accepts the corresponding check box.
The sale and purchase agreement entails the delivery, in exchange for a certain price which is publicly exposed through the website, of a specific product (hereinafter “the products”).
The User shall select a username and password, committing to make diligent use of the latter and not placing them at the disposal of third parties, as well as notifying STURIOS CAVIAR of their loss or theft, or possible access of an unauthorised third party, so that it shall proceed to immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of the Spanish Law 34/2002, on Information Society and Electronic Commerce Services (LSSICE, by its Spanish acronyms), the contracting procedure shall include the following stages:
- Standard contractual clauses.
- Right of withdrawal.
- Force Majeure.
- Offer overview.
- Price and offer validity period.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Applicable warranties.
- Warranty and returns.
- Applicable Law and Jurisdiction.
1. STANDARD CONTRACTUAL CLAUSES
Unless expressly stipulated in writing, placing an order by the User shall entail the acceptance of these legal conditions. No stipulation made by the User may differ from those of STURIOS CAVIAR without STURIOS CAVIAR prior written acceptance.
STURIOS CAVIAR shall not send any order until having verified that the payment has been made.
Dispatch of goods will usually be made through EXPRESS MAIL (POSTAL EXPRESS, SEUR, UPS, MRW, etc.), according to the destination freely indicated by the User. The delivery dates or deadlines shall be approximate, and the delay does not constitute fundamental breach. In the event that STURIOS CAVIAR had not delivered the goods after 30 days from the agreed delivery date, the User shall be entitled to cancel the order and receive a refund of the full amount paid at no cost, and, thereby, without deriving in any responsibility for damage or loss attributable to STURIOS CAVIAR.
The delivery time is usually within 2 to 5 working days, depending on the destination. This term is understood as long as the availability of the goods has been confirmed and the full payment has been verified.
STURIOS CAVIAR shall assume no liability when the product is not delivered, due to false, inaccurate or incomplete data provided by the User.
Delivery shall be deemed to have been effected when the carrier has delivered the products to the User and the latter, or an entrusted, has signed the delivery receipt document.
It corresponds to the User to verify the products at the reception and expose all the caveats and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
The User has the same rights and deadlines to proceed with the return and/or claim any possible defects in the product, both Online and Offline.
Considering the perishable nature of the products marketed through this Website, and their need of appropriate storage, refrigerating and transport conditions, under the provisions of Article 103(d) of the Royal Legislative Decree No 1/2007 of November 16, which approves the recast text of the General Law for the Protection of Consumers and Users, and other additional laws, the right of withdrawal does not apply when “the supply of goods are likely to deteriorate or expire quickly.”
Withdrawal shall only be possible if:
- The User shows through photographs that the packaging is damaged, it is not the original packaging, or it is not in perfect condition.
- After opening the container, the User proves through photographs that the content has been damaged or is in bad condition.
- The User demonstrates through photographs the delivery of a different product to the one ordered.
- They are products that due to reasons of hygiene, or other exceptions provided by law, are not subject to this right.
All returns must be communicated to STURIOS CAVIAR, requesting a return number via the WITHDRAWAL FORM (hereinafter “RMA”), or by email to email@example.com indicating the invoice or order number.
Once the User has received the RMA number, it will send the product to STURIOS CAVIAR, including the aforementioned number on the transmittal letter, to C/MAYOR, 21, 1st FLOOR, PREMISES 6-7, 28013, MADRID, SPAIN.
Any complaint that the User considers appropriate will be addressed as soon as possible, to the following contact addresses:
Online Dispute Resolution
In accordance with the provisions of Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the User and STURIOS CAVIAR, without the need to resort to the courts of law, by the intervention of a third party, known as the Dispute Resolution Platform (hereinafter the “ODR”), which acts as an intermediary between the two. This platform is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the dispute.
Link to ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be responsible for any fault due to a greater cause. The compliance with the obligations shall be interrupted until the force majeure ceases.
The User may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale to a third party.
If any provision of these conditions is deemed void or impossible, the validity, legality and enforceability of the rest shall not be affected nor modified in any way.
The User declares to have read, to know and to agree to these General Conditions to the full extension.
7. OFFER OVERVIEW
All sales and deliveries carried out by STURIOS CAVIAR shall be under these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of STURIOS CAVIAR or to herein stipulated, shall have effect, except for an express written agreement signed by STURIOS CAVIAR, which shall prevail in this case.
Due to the continuous technical developments and product and services enhancements, STURIOS CAVIAR reserves the right to amend its specifications regarding the information provided on their advertisements, provided that the value of the marketed products is not affected. These amendments shall also be valid in the event that, for whatever reason, the possibility of supplying the offered products is affected.
The products photographs that appear on the Website are merely indicative, so the User is duly informed that, on occasions, there might be subtle differences between the product itself and the descriptive picture on the Website.
8. PRICE AND OFFER VALIDITY PERIOD
The indicated pricing of each product include the Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly provided otherwise, do not include delivery charges, handling, wrapping, shipping insurance or any other additional and ancillary services to the product or service booked.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency (EUR/€). The User assumes that the economic valuation of some of the products may vary in real time.
Before concluding the purchase, all the order details may be checked online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while not placing the order.
Once the order is placed, the prices will remain whether the products are still available or not.
Any payment made to STURIOS CAVIAR entails the issuance of an invoice in the name of the registered User or of the company name that has been indicated at the time of placing the order. This invoice shall be sent together with the purchased product or to the provided email address.
9. SHIPPING COSTS
The prices do not include delivery or communication costs, or complementary services, unless otherwise expressly agreed in writing.
Freights shall be calculated when saving on the cart, since they are determined by the weight of the products and by the delivery address.
Shipping costs within the Spanish territory shall be free of charge for orders over FIFTY EUROS (EUR 50), and in the rest of Europe it shall be free of charge for orders over ONE HUNDRED EUROS (EUR 100).
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
STURIOS CAVIAR enables the following method of payment: Credit/debit card.
11. PURCHASE PROCESS
Cart (budget simulation)
Any of our products can be added to the cart. Here it shall only be observed the items, the quantities, the price and the total amount. Once the cart is saved, the taxes, charges and discounts shall be calculated according to the entered payment and shipping data.
Carts do not have any administrative attachment; it is only a section where a budget can be simulated without any commitment on both sides.
To properly execute and place an order from the cart, follow the steps below:
- Billing data verification.
- Shipping address verification.
- Payment method.
- Place the order (buy).
Once the order is processed, the system instantly sends an email to the STURIOS CAVIAR management department.
Orders (purchase requests)
An email will be sent to the User, within 24 hours on working days, to confirm the order status, availability and delivery date.
12. APPLICABLE WARRANTIES
All products marketed through the Website are totally original, unless otherwise indicated in the description. Current regulations do not contemplate any particularity for the perishable goods, being these those that have a very limited lifespan which may lead to their deterioration or the product’s lack of utility, when the time comes, due to an incorrect way of preservation or them being consumed. Consequently, the provisions will be applicable as far as the nature of the good allows. In the case of products marketed through the Website, given their own perishable nature, the Warranty is limited or adjusted at interpretative criteria, and in any event it shall be the User who must demonstrate the nonconformity through photographs.
Warranty of the marketed products shall comply with the articles below:
I) Product Requirements
Unless proven otherwise, it shall be deemed that the products are in accordance with the contract provided that they fulfil all the requirements mentioned below, except that, given the circumstances of the case, some of them are not applicable:
- Comply with the given description.
- Fit for the purposes for which the goods of the same type are normally used.
- Fit for any particular purpose for which the User requires them and which it has been indicated to STURIOS
- CAVIAR at the time of the conclusion of the contract, provided that the latter has accepted that the product is suitable for this use.
Show the quality and performance which are normal in goods of the same type and which the User can reasonably expect, given the nature of the products and taking into account any statement on the specific characteristics of the products made by STURIOS CAVIAR.
STURIOS CAVIAR describes the details, characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
Liability for lack of conformity that the User is already aware of or could not have ignored at the time of the conclusion of the contract or that originate from materials supplied by the User, shall not proceed.
II) STURIOS CAVIAR liability
STURIOS CAVIAR shall be liable to the User for any lack of conformity which exists at the time the products are delivered, if this lack of conformity is due to reasons attributable to STURIOS CAVIAR in accordance with the aforementioned.
III) Return of products
If the product is not in conformity with the order placed, the User may have the option of demanding its replacement or the reimbursement of the amount paid, unless any of these choices is impossible or disproportionate as stated in the section “RIGHT OF WITHDRAWAL”.
IV) Rules for product replacement
The replacement shall comply with the following rules:
- It will be free of charge for the User: This non-remuneration shall include the necessary costs incurred to bring the products into conformity, particularly the postage. The good returned by the User must be sent to STURIOS CAVIAR in the same refrigeration conditions that STURIOS CAVIAR used for its transfer and delivery.
- They shall be carried out in a reasonable period and without any significant inconvenience to the User, taking into account the nature of the products and the purpose for which the User required them.
- If once the substitute product has been delivered it is still not in accordance with the contract, the User may demand the conclusion of the contract under the terms of article V and the reimbursement of the amount paid.
V) Price reduction and termination of contract
The price reduction and the termination of contract shall proceed, at the choice of the User, when the latter cannot demand the replacement of the product and in the cases in which these have not been carried out within a reasonable period or without any significant inconvenience to the User. The termination shall not proceed when the lack of conformity is minor.
- STURIOS CAVIAR is liable for any lack of conformity becoming apparent within a period of two years from delivery, without prejudice to the provisions of paragraph 12, regarding the perishable nature of the products marketed through the Website. Unless proven otherwise, it shall be presumed that the lack of conformity becoming apparent within six months of the delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
- Unless proven otherwise, delivery shall be deemed to have been effected the day shown on the purchase invoice or label, or on the corresponding delivery note, if later.
- The right to claim compliance with the provisions of the preceding articles expires three years after the delivery of the product.
- The User must inform STURIOS CAVIAR of the lack of conformity within two months after becoming aware of it. Unless proven otherwise, this notification shall be deemed to have been taken within the established period.
14. APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed or interpreted in accordance with Spanish law, unless expressly established otherwise. STURIOS CAVIAR and the User agree to submit to the courts and tribunals corresponding to the address of the User any dispute that may arise from the provision of the products or services object of these Conditions.