General Terms of Business (“GTB”)
1) General Terms
Any order of CHOCOLATES TORRAS SA (hereinafter TORRAS) products carried out in our on-line store, hosted http://www.chocolatestorras.com/botiga (hereinafter the Online Shop), is governed by the following GTB in force at the time of order. The requisition by the Customer of an order implies and expresses the acceptance to all GTB in force at the time of ordering. TORRAS will not recognize divergent contract conditions from the Customer. All questions or complaints regarding these GTB or orders placed in the on-line shop can be submitted in written to CHOCOLATES TORRAS S.A., Carretera Girona-Banyoles, Km 15 – 17844 – Cornellà de Terri – GIRONA (SPAIN), by the contact form available in the “Contact” section, or by email to firstname.lastname@example.org.
Customers can register at the on-line store, although not required, or may order as a “guest”. For a good execution and processing of the order it is necessary to enter the complete and correct data, which are stored in TORRAS’ files. By using the chosen password at the time of registration, the Customer can access and modify its data at any time. The data will be processed securely and confidentially, and in accordance with the provisions of paragraph 11 of these GTB and data protection legislation.
3) Offer and Contract
The description of our assortment in our on-line store does not constitute a binding offer. The Customer can choose from the range of products at the TORRAS on-line store and accumulate them in a shopping cart by clicking the “Buy” sign. When the customer sends the order request by clicking the “Complete Order” sign, is delivering a binding purchase offer of the products that are stored in the shopping cart. Before completing the order, the Customer can verify and modify at any time the quantity, the delivery and the invoicing address.
After the order income and the payment receipt, TORRAS will send the Customer an e-mail confirming the details of the transaction. In the case that, due to circumstances beyond TORRAS, the delivering of the requested product could not be conducted, TORRAS will communicate to the Customer the cancellation of the order and pay the customer back the paid amount for the same within 10 days, without the Customer can claim any other capacity. Should the product not be available due to inventory issues, TORRAS will contact the Customer and offer the possibility to keep the backorder until the product becomes available again, cancel the order or modify it (offering a similar or replacement product of a higher category without any additional cost) to Customer choice. Likewise, in the case of products assortments, if one the product is unavailable due to inventory, TORRAS shall notify the Customer by offering a substitute product of similar or higher category at no extra charge to replace the unavailable product; the Customer will be able to cancel the order, accept the assortment modification or retain the order until the product becomes available.
Also, in the event that the Customer is a registered user will be able to view its order by accessing the “MyAccount” section of the On-line Shop.
4) Product delivery
The products are delivered as shown in the on-line shop, but we reserve the right to minor differences in packaging and presentation.
Delivery time for Zones 1, 2 and 3 is two working days (Monday to Friday, excluding holidays). In the event that delays occur due to force majeure or logistical problems in general or by circumstances beyond the control of TORRAS, we would promptly inform the Customer, who will be able to cancel the order by sending an e-mail to the address email@example.com within a period of 48 hours. Should the delivery not be possible in the indicated direction due to the absence of the receiver, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. If after two (2) business days after the first attempt to deliver the order the product has not been delivered, and due to its nature, TORRAS will not be responsible for the state of the same at the time of delivery. In addition, within three (3) working days from the first delivery attempt without having been able to deliver the product it will be returned to TORRAS for its destruction (as due to its nature the product cannot be put back on sale) without the Customer can claim a refund of the purchase price.
All product prices in the on-line shop include VAT. However, these prices do not include expenses related to the shipment of the products, which must be accepted by the Customer. Shipping costs are detailed in “Delivery Information” paragraph.
6) Payment Terms
Payment is made by credit card. At the time of placing the order, the full purchase price including the shipping costs, will be paid.
TORRAS also enables payment by bank transfer. TORRAS will not be responsible for the costs and fees issued by the bank. The payment must be done within 24 hours of the execution of the purchase. Past 72 hours without receiving the payment, the purchase will be automatically canceled.
In case that TORRAS enable the possibility to purchase gift cards for use in the on-line store, payment of the order can be made by the same. In that case, the amount of the order is deducted from the balance of the gift card (product value plus shipping costs). In case that the gift card balance is less than the price of the order, the Customer must pay the difference by credit card. Shipping will not be effective until we verify the reception of the payment.
Also, in the assumption that TORRAS issued vouchers for its use in the on-line shop, Customers can use these vouchers according to the conditions outlined by TORRAS at the time of issuance. In that case, the Client will be able to pay the amount of the order with the voucher, in which case the amount thereof shall be deducted from the amount of the order. If the value of the order was less than the voucher, the customer will be able to pay the amount with it, but in that case TORRAS will not refund the difference and the voucher won’t be valid for further purchases.
Deliveries can be made only within the following areas:
Zone 1: Peninsular Spain, Portugal (except Azores Islands) and Andorra.
Zone 2: Balearic Islands
Zone 3: Canary Islands, Ceuta and Melilla
Zone 4: Europe 1 (Germany, Austria, Belgium, Denmark, Finland, France, Greece, Ireland, Italy, Luxembourg, Madeira, the Netherlands, the UK, Sweden)
Zone 5: Europe 2 (Bulgaria, Slovakia, Slovenia, Estonia, Gibraltar, Hungary, Jersey, Latvia, Liechtenstein, Lithuania, Malta, Norway, Poland, Czech Republic, Romania, San Marino, Switzerland, Cyprus)
The shipping cost of the products purchased by the Customer will be charged to the Customer.
Shipping costs can be checked regarding the area of delivery in “Delivery Information”. Shipping costs include applicable taxes.
8) Goods in disrepair
We apply the highest quality to our products. Nevertheless we ask the Customer to compare and inspect the product upon receipt. In the case of obvious defects and damage, breakage or deficiency, the Customer must notify the fact in within 48 hours of delivery to the address indicated in paragraph 1 of these GTB, i.e. to Chocolates Torras S.A., Carretera Girona-Banyoles, Km 15 – 17844 – Cornellà de Terri – GIRONA (SPAIN), using the contact form available in the “Contact”, or by email to firstname.lastname@example.org.
If the product received is defective, TORRAS will proceed to replace it in accordance with the return procedure TORRAS indicated to the Customer after receiving the corresponding notification of the defect.
Due to the nature of the product (perishable foodstuff) and its storage conditions it is not possible returning the product. An exception to the above case referred to in the previous section, under the conditions outlined there.
10) Reservation of title of ownership
The delivered product will be of TORRAS property until the purchase amount is paid in full, in accordance with the provisions of paragraph 6 “Payment Terms”.
11) Using the recorded data / Data protection
TORRAS is aware of the importance of a discreet treatment and protection of information transmitted to us over the Internet as indicated by the LOPD Law 15/1999 of December 13, Personal Data Protection.
Data from third parties consignees of the products.
In the case that you, the Customer, would facilitate personal data of another person to carry out the delivery of the purchased product by the Customer, TORRAS will use these data solely for that end, provided of the legally established security measures to prevent unauthorized access thereto. The data will be kept by TORRAS for the necessary period to carry out the delivery of the product and destroy them after fulfilling the legal terms of responsibility. TORRAS may conduct the physical delivery of the product purchased by the Customer through a transport or shipping service company.
In compliance with the provisions of Law 15/1999 on Protection of Personal Data and LSSI 34/2002, we inform you that the personal data you voluntarily provide through this form, will be assigned to the facility to which you are applying for information in order that it can inform about the matter and content you have selected, as well as other communications relating to services that may be of your interest, by e-mail or by any other means.
In compliance with LOPD 15/1999 and LSSI 34/2002 for matters of Services of Society of Information and Electronic Commerce, and the Protection of Personal Data, we inform you that you can revoke at any time, in a simple and free of cost way, the consent to receive promotional messages.
To exercise your rights of access, rectification, cancellation and opposition of your personal data, you may address to the attention of Management of Organization-Responsible LOPD, or via e-mail to email@example.com, or fax +34 972580909, duly certifying your identity through a copy of the Identity Document.
12) Exoneration of responsibility for external links
See Legal Advice
13).- Intellectual and industrial property rights
See Legal Advice
14) Governing Law
These GTB shall be governed by the Spanish law.