TERMS AND CONDITIONS OF SALE

www.picapicaya.com

1. GENERAL INFORMATION

The ownership of this website www.picapicaya.com, (hereinafter Website) is held by: Francisca Campà Ramos, provided with CIF number 41079243R and whose contact details are:

Address: Passeig de Maragall 334 bis, 08031 Barcelona (Spain)

Contact phone: +34624612275

Contact email: hola@picapicaya.com

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.picapicaya.com) and the purchase or acquisition of products and / or services therein (hereinafter, Terms).

For the purposes of these Conditions, it is understood that the activity that Pica Pica Ya develops through the Website includes:

Gourmet foods and beverages sell.

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy policy and data protection of Pica Pica Ya. By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, so if they do not agree with everything Therefore, you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable..

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form..

2. USER

Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they accept, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:

• Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
• Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
• Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may formalize, at his / her choice, with Pica Pica Ya the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.picapicaya.com, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: " Pay now".

Likewise, the User must fill in and/or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Next, the User will receive an email confirming that Pica Pica Ya has already received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from Pica Pica Ya using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/o cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Pica Pica Ya is no longer the manufacturer of the products sold or that could be marketed on the Website. Although Pica Pica Ya makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or materials and / or components of the products may contain additional or different information than that which appears on the Site. Web. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions that accompany the product.

The User knows that Pica Pica Ya shows him for his interest a series of services that the owner does not provide to Users directly, but will be hired and provided by a third party other than Pica Pica Ya.

4. AVAILABILITY

All purchase orders received by Pica Pica Ya through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Pica Pica Ya undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unfeasible..

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially in relation to VAT, a different question is indicated and applied.

Shipping costs are not included in the final prices of the products as shown on the Website. Thus, Pica Pica Ya performs delivery and/or shipping services through different logistics companies that the User may select during the purchase process.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, PayPal, and Bank transfer.

Pica Pica Ya uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Pica will no longer be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once Pica Pica Ya receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the form and, where appropriate, the established place.

If the means of payment is PayPal, the charge will be made when Pica Pica Ya sends a confirmation of the purchase order or acquisition of products and / or services to the User.

In any case, by clicking on "Pay now" the User confirms that the payment method used is his.

Purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the system. of payments used by Pica Pica Ya for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.

Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, Pica will no longer be able to validate the order, which will be canceled.

6. DELIVERY

In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, which is attributable to it, Pica Pica Ya can no longer meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, they must contact Pica Pica Ya to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Pica Pica Ya, Pica Pica Ya will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Pica Pica Ya already receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount to be paid by Pica Pica Ya.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question..

In this same sense, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of November 28, 2006 relative to the common VAT system, purchase orders will be located, for delivery and / or provision , in that Member State of the European Union in which the address that appears in the purchase order is located and, therefore, the applicable VAT will be that in force in that Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Pica Pica Ya through the spaces of contact enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.

In any case, the User, before clicking on "Pay now", has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Pica Pica Ya Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case in the case of a service contract, 14 calendar days from the day the contract is concluded.

To exercise this right of withdrawal, the User must notify Pica Pica Ya of his decision. You can do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Pica Pica Ya makes available as a part attached to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, Pica Pica Ya will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the less expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Pica Pica Ya is informed of the User's decision to withdraw.

Pica Pica Ya will reimburse the User using the same payment method that he used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Pica Pica Ya could withhold said reimbursement until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Pica Already in: Passeig de Maragall 334 bis, 08031 Barcelona (Spain).

And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Pica Pica Ya was informed of the withdrawal decision.

The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, he will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory-sealed; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by Pica Pica Ya, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model withdrawal form: https://www.picapicaya.com/withdrawalform

Return of defective products or shipping errors

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they should contact Pica Now immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be observed.

Guarantee

The User, as consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, with Pica Pica Ya responding, therefore, due to the lack of conformity. of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Pica Pica Ya and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.

However, to learn more about the After-Sales Service that Pica Pica Ya puts at the service of the Users of the Website, you can consult it here:https://www.picapicaya.com/soporte

9. DISCLAIMER OF LIABILITY

Except for legal provision to the contrary, Pica Pica Ya will not accept any responsibility for the following losses, regardless of their origin:

• any losses that were not attributable to any breach on your part;
• business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, Pica Pica Ya also limits its liability in the following cases:

• Pica Pica Ya applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used. or others of this nature.
• Pica Pica Ya will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road retentions, and in general any other typical of the sector, which result in delays, losses or theft of the product.
• Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Pica Pica Ya puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of the products, however it disclaims responsibility for causes that are not attributable to it, unforeseeable circumstances or force majeure.
• Pica Ta will no longer be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Pica Pica Ya will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
• In general, Pica Pica Ya no longer will be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, they are due to force majeure. , and this may include, by way of example but not exhaustive:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure continues, and Pica Pica Ya will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure cause. Pica Pica Ya will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with Pica Pica Ya, whether electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Pica Pica Ya sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Pica Pica Ya through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Pica Pica Ya now can contact and/or notify the User in their email or at the postal address provided.

11. DISCLAIMER

No waiver by Pica Pica Ya of a specific right or legal action or the lack of requirement by Pica Pica Ya of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with their obligations.

No resignation by Pica Pica Ya to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Pica Pica Ya in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.

The User and Pica Pica Ya Already acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Pica Pica Ya in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided are true..

15. APPLICABLE LAW AND JURISDICTION

Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Pica Pica Ya and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send to Pica Pica Ya their complaints, claims or any other comment that they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Pica Pica Ya has official complaint forms available to consumers and users, and that they can request from Pica Pica Ya at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Pica Pica Ya and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.