General Conditions and terms
Latest update: July 2018
Article 1 – Definitions
In these conditions/terms the following definitions are applicable:
- Consideration time: the term during which the consumer can execute the right of withdrawal.
- Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
- Day: calendar day
- A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
- Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
- Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
- Entrepreneur: the natural person or corporation who offers distance products to consumers.
- Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
- Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
- General conditions: the present general conditions of the entrepreneur.
Article 2- Corporate Identity
Super Lekker S.L.
Roger de Lluria 53, local 4
E. super [@] superlekker.es
T, 93 496 05 54 (available monday til friday between 10.00 – 14.00h and 16.30 – 20.30h, saturday 10.00 – 14.00h and 15.00 – 19.00h)
Registered in the trade register of Barcelona, toma 44005, folio 101, hoja B-444206, inscripcion 1.
Article 3- Relevance
- These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
- Exceptions to the general conditions are not valid unless they are agreed upon expressly in writing between the entrepreneur and the consumer.
- Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
- If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
- For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third paragraph are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
- If one or more articles of these terms and conditions are at any time wholly or partially invalid or destroyed, the agreement and these conditions will remain in force for the rest and the article will be replaced immediately by mutual agreement for an article that approaches the intent of the original as much as possible.
- Situations that are not covered by these terms and conditions should be reviewed ´to the spirit´ of these terms and conditions.
- Uncertainties about the interpretation or content of one or more articles of these conditions should be explained ´to the spirit´ of these terms and conditions.
Article 4- Offer
- If an offer has a limited validity or has other specifications, this will be specified.
- The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
- All images, specifications information in the offer are indicative and may not lead to damages or rescission of the contract.
- Pictures of products are a true representation of the products offered. The entrepreneur can not guarantee that the colors displayed exactly match the actual colors of the products.
- Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
- price inclusive taxes;
- possible costs of delivery;
- the manner in which the agreement has been concluded and the necessary signatures;
- whether to apply the right of withdrawal;
- the method of payment, delivery and performance of the contract;
- the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication;
- if the agreement after the conclusion is archived and if so how to consult it for the consumer;
- the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided to him under the agreement;
- any other languages, including English, for the agreement;
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct;
- the minimum duration of the distance agreement in the event of a length transaction.
Article 5- The Agreement
- The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
- If the consumer has accepted the offer electronically, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
- The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
- The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
- The address of the company for the consumer to file complaints.
- The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
- Information about after sales guarantees and services.
- Information mentioned in Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
- The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
6. In case of a length transaction the previous clause is only applicable for the first delivery.
7. Each agreement is entered under the suspensive conditions of sufficient availability of the products.
The sale of alcoholic beverages to persons under 18 years of age is prohibited. The sale of alcoholic beverages outside the European Union is also prohibited.
Article 6- Right of Withdrawal
- After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
- During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is required to report this to the entrepreneur within 14 days after receiving the product. He should use a standard form for withdrawal for this (see article 6.6). After the consumer has expressed a wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned, for example by means of a proof of posting time.
- If the customer after the expiry of the periods referred to in paragraphs 2 and 3 did not wish to exercise his right resp. has not returned the product to the entrepreneur, the purchase is a fact.
- There are some products that, given the nature of the products that they can spoil or age quickly, when they arrive in good condition cannot be returned. This is indicated in the productpage.
- Consumers can use the following form to notify the use of the right of withdrawal.
Article 7- Withdrawal Costs
- If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
- If the consumer has made a payment to the entrepreneur, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment. A condition is that the product has been received back by the entrepreneur or conclusive evidence of complete return can be submitted.
Article 8- Exclusion Right of Withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for the following products:
- which are established by the entrepreneur according to specifications of the consumer;
- that they are clearly personal in nature;
- which cannot be returned because of their nature;
- that can spoil or age quickly;
- whose price is bound to fluctuation on the financial market which the entrepreneur has no influence;
- individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
Article 9- Pricing
- During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
- Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
- Price can increase up to 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the competence to terminate the agreement from the day the price increase takes effect.
5. The in the offer mentioned prices are expressed in euros and include VAT. The shipping costs are mentioned separately.
6. All prices are subject to press- and typesetting errors. The entrepreneur is not responsible for the consequences of typing errors. With typing errors the entrepreneur is not obliged to deliver the product according to the erroneous price.
Article 10 - Offers
- Offers of the entrepreneur are without obligations and no rights can be derived. The conditions of the offer are displayed with the relevant offer.
- Offers are valid subject to availability as shown at the time of purchase on the website.
- The prices mentioned in the offer are expressed in euros and include VAT. The shipping costs are mentioned separately.
- All offer prices are subject to press- and typesetting errors. The entrepreneur is not responsible for the consequences of typing errors. With typing errors the entrepreneur is not obliged to deliver the product according to the erroneous price.
Article 11- Conformity and Guarantees
- The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations.
- A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
- Damage to the packaging and the products produced during transportation must be reported to the entrepreneur by mail as soon as possible. It is required to attach photographs of the damages to packaging and products.
- The guarantee of the entrepreneur is consistent with the manufacturer's warranty period. The entrepreneur is, however, never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- Guarantee does not apply if:
- the products supplied have been exposed to abnormal conditions or otherwise handled carelessly or treated contrary to the instructions of the entrepreneur and / or on the packaging;
- the defective in whole or in part is due to regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 12- Delivery and Execution
- The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
- The address that has been made known by the consumer to the entrepreneur is considered to be the delivery address.
- Taking into account what is stated in article 4 of the general conditions/terms, the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation (that can never be higher than the paid price of the products).
- In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 14 days after the termination.
- If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make a replacement product available. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal also applies (if it applies to the replacement product) to replacement products.
- The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed.
- The consumer should check the products after delivery for damage The damage must be mentioned to the transport vendor and registered on the packingslip. Also the consumer should report this to the entrepreneur within 24 hours after receiver the order.
- Transport costs are displayed during the ordering process and go for normal transport from 6,95€. Transport costs for refrigerated/frozen transport are higher, they are displayed when selecting a transport method.
- Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period as referred to in article 6, paragraph 1.
- The consumer can choose from different secure payment methods. The entrepreneur offers payment by debit/ credit card and bank transfer.
- The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
- In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 14- Complaints
- The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the execution of the agreement must be described fully and clearly submitted to the entrepreneur within 14 days after the consumer has observed the defects.
- The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days with an acknowledgement and an indication when the consumer will receive a more detailed answer.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found valid by the entrepreneur, the entrepreneur will replace or repair the delivered products for free at his choice.
Article 15- Disputes
The contract conditions between entrepreneur and consumer are only subject to Spanish law, even in the case that the consumer resides abroad. For the resolution of all controversies or matters related to the website of Super Lekker or the activities carried out therein, Spanish law will be applicable, to which the parties expressly submit, with the Courts and Tribunals of Barcelona being the competent authority for the resolution of all conflicts derived from or related to its use.
Article 16 - Liability
- The entrepreneur can never be held liable for more than the reimbursement of the delivered products. This also applies to any liability in case of late or non-delivery.
- Further claims of the consumer, especially a claim for compensation for the damage which is not in the products supplied originated, are excluded unless they are based on intent or gross negligence on the part of the entrepreneur.
- The entrepreneur cannot be held responsible for damage of third parties, such as transporters (unless there is intent or gross negligence) or force majeure.
Article 17 - Protection of personal data
The personal data obtained via the website of the entrepreneur will be processed in accordance to the provisions of the Data Protection Act. More information is available in the privacy statement of the entrepreneur.
Article 18 - Copyright
The website of Super Lekker, including, but not limited to, its programming, editing, compiling and other elements required for its functioning, as well as the designs, logos, texts and/or graphics appearing in it, belong to Super Lekker or, where applicable, Super Lekker possesses a licence or express authorisation from the authors. All the contents of the website are duly protected by the intellectual and industrial property regulations and are recorded in the corresponding public registers. Irrespective of the purpose for which the contents were intended, their total or partial reproduction, use, exploitation, distribution and commercialisation require in all cases prior, written authorisation from Super Lekker. Any use that has not been previously authorised by Super Lekker will be considered a serious breach of the intellectual and industrial property rights of the author. The designs, logos, texts and/or graphics foreign to Super Lekker and that might appear on the website belong to their respective owners, who are responsible for any possible controversy that might arise regarding those. In any case, Super Lekker possesses prior and express authorisation from the owners. Super Lekker DOES NOT AUTHORISE third parties to redirect directly to the specific contents of the website; third parties should in all cases redirect to the main page www.superlekker.es. Super Lekker recognises the intellectual and industrial property rights of the owners of the contents foreign to Super Lekker appearing on the website, their mere mention or appearance on the website not implying any rights or responsibility on the part of Super Lekker, nor endorsement, sponsorship or recommendation. In order to make any kind of observation regarding possible breaches of intellectual and industrial property rights, as well as regarding any of the contents of the website, please contact us at super [@] superlekker.es.
Article 19- Additional and Different Provisions
- Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
- The entrepreneur is entitled to make changes to the General Conditions and the websites. Changes to these conditions will be published on the website in due time.