1. ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS
The general conditions for use and sale that are described here below (hereinafter the General Conditions), will govern the contractual relationships between any buyer of the website www.fisan.es (hereinafter the “Client”) and the company FLORENCIO SÁNCHEZ E HIJOS S.L. (with Fiscal ID Number: B37357654), owner of the website www.fisan.es (hereinafter the “Store”).
These General Conditions are the only ones that are applicable and they will replace any other general condition, with the exception of the case of prior, express and written cancellation. On occasion it may be possible that an article of the same was to be modified, for which it is recommendable that these be read in each purchase. These modifications will govern as of their publication on the Internet and it will not be possible to apply them to contracts that have previously concluded.
Each purchase in the Store will be governed by the general conditions that are applicable on the date of the order. In order to place an order, you must accept our general sales conditions without reservations, this once they have been read. Without detriment of exacting express acceptance of the present general conditions during the purchasing process, taking all the necessary steps to complete an order will likewise represent acceptance of the present general conditions. If a condition were to be missing, the same will be regulated by the uses and customs that are standardized in distance selling in accordance to the professional code standards of the Distance Selling Association.
When a user registers, the same is accepting subscription to the Newsletter and offers through the user’s electronic mail, being able to cancel reception of the first dispatch.
All commercial relationships will take place in Spanish. If this is not possible, we will attempt to communicate in your language.
With regards to the language for formalization of the contract, the same is drafted and only available in Spanish.
2.1. Information about the Products.
We give great importance to the information about the characteristics of the products, which we do so through descriptions provided by the manufacturers or collaborators, along with photographs that illustrate the same. All of this is with the goal of ensuring that you are as truly advised about the product you wish to purchase as possible. However, neither the literature of the descriptions, nor the photographs are considered contractual, but rather mere information. The only important points are the weight and content that is declared.
In that particularly pertaining to the photographs, these could refer to similar products or even include a grouping of products, even when the same are sold per units.
2.2. Information about the weights.
It is impossible to produce pork products with an exact weight. The weights offered for each product are approximate, only guaranteeing that the real weight stands between the minimum and maximum that are outlined. The hams have a margin of error in the weight of + - 300 grams, the shoulder hams have a margin of error in the weight of + - 200 grams and the sausage meats that of + - 100 grams. Published weights are the central statistical weights within these ranges.
The weight indicated on our products represents the weight on the day the product left our warehouses, and the buyer must take into account that save in the case of vacuum packed products, the pieces do in fact lose some weight during transport, with this being due to the wear and tear of the piece during its packaging and because of the natural oozing of liquids. This phenomenon is more apparent in the summertime, although notwithstanding this fact the quality is not in any way whatsoever affected by the same.
2.3. About the quality and its conservation.
Our Ibérico products are held in our cellars under controlled temperatures, which is lower than the recommended temperature in that pertaining to its best flavor when consumed. It is recommendable to allow the product to stand at room temperature for a few days before its consumption. In the case of hand-sliced products or sliced and vacuum packed products, a few minutes in warm water before opening the package will improve its flavor and assist in the separation of the slices.
All the products include a recommendation in that pertaining to the best before date, although said date must be interpreted as the moment in which the quality starts to significantly decline, with the product still being absolutely edible. The store is not liable for any consequences derived from its consumption past said date.
3. PRICES AND AMOUNTS
The sales prices indicated in the Store are always retail sales price and they are shown in Euros. VAT is included in these prices. We reserve the right to modify our prices at any time whatsoever. Notwithstanding, we commit to applying our enforced rates indicated in the Store at the moment of confirmation of your order. In the case of orders that are placed with payment per transfer, the price appearing at the moment of the order will be maintained up to a further 5 natural days. It must be informed if the order is cancelled due to not having received payment or if it is maintained. If it is maintained then a new acceptance will have to be requested, that is if the price were to change.
All orders placed at this Store will be sent along with the corresponding Delivery Note. The corresponding invoice will be sent at the moment of confirmed payment by way of e-mail, and you will be able to download a copy of the same at any moment following confirmation of your purchase. Take into account that the information provided at the time of purchase will be the data detailed on the invoice, with it not being possible to make any change to the same subsequently to its issuance. In the case of companies it is important that they include their Fiscal ID Number (CIF) in the corresponding box, as well as the correct address and business name. All orders placed at this Store will be sent within the periods foreseen in the Section on Delivery Date.
All personal information that the Client is to provide is essential for dispatch of orders and for the drafting of the invoices. In particular it is understood that access in the purchase is only allowed to persons of age, this by way of legal imperative, and thus it will be confirmed by the Client upon entering of the date of birth along with the rest of the information. Absence of or lack of veracity in this information will involve automatic cancellation of the orders.
Upon confirmation of your order you have the option to authorize that we maintain your information during a maximum period of two years and you have the right to request that you be duly informed by way of electronic mail on any novelties or promotions that could be of your interest. You may also not authorize this use and then your information will be automatically deactivated.
5. PLACES, DELIVERY PERIODS AND SHIPMENT COSTS
5.1. National Orders.
Shipments are made throughout the entire national territory, with the exception of areas such as Ceuta, Melilla and the Canary Islands.
Orders will be sent on the same day of confirmation of payment, this as long as said confirmation is received on a working day up to 3.00 pm. In the case of reception on a holiday or weekend day or after 3.00 pm on working days, the shipment will be sent on the next working day. Notwithstanding, in the case of hand-sliced products, these require prior preparation of 48 hours, therefore the shipment will take place approximately 48 hours after confirmation of payment, with the same timetable as mentioned above.
Shipments made within the Peninsula and the Balearic Islands will be sent through the MRW and/or SEUR service. Consequently, national orders will have an approximate delivery within the 4 days following confirmation of payment, this in due conformity with the previous paragraph, or 6 days in the case of hand-sliced products. The specific shipment and transport service will be determined by the Store in accordance to the circumstances of the order and with the goal of duly complying with the above-mentioned delivery periods.
Shipment costs (VAT pertaining to the shipment is included) in national orders that amount to less than € 150.00 will be as follows:
- Peninsular Spain: € 35.00
- Balearic Islands: € 37.50
Notwithstanding the above, shipment costs will be free of charge exclusively in those orders that surpass € 150.00 with delivery within Peninsular Spain.
5.2. International Orders.
Deliveries outside of Spain will only take place in the following countries: Germany, Belgium, France, Netherlands, Italy, Luxemburg, United Kingdom, San Marino, Austria, Denmark, Slovakia, Slovenia, Hungary, Ireland, Poland, Czech Republic and Switzerland.
International orders will be processed on the same day of confirmation of payment, this as long as said confirmation is received on a working day up to 3.00 pm. In the case of reception on a holiday or weekend day or after 3.00 pm on working days, the shipment will be sent on the next working day. Notwithstanding, in the case of hand-sliced products, these require prior preparation of 48 hours, therefore the shipment will take place approximately 48 hours after confirmation of payment, with the same timetable as mentioned above.
International shipments will be sent through the SEUR or MRW service and will have an approximate delivery within 9 days following confirmation of payment, this in due conformity with the previous paragraph, or 12 days in the case of hand-sliced products. The specific shipment and transport service will be determined by the Store in accordance to the circumstances of the order and with the goal of duly complying with the above-mentioned delivery periods.
Shipment costs will be as follows in due accordance to the country of delivery:
- Germany, Belgium, France, Netherlands, Italy, Luxemburg, United Kingdom, San Marino: € 60.00
- Austria, Denmark, Slovakia, Slovenia, Hungary, Ireland, Poland, Czech Republic, Switzerland. € 75.00
5.3. Tracking Service.
You will be able to find information pertaining to the status of your order in the virtual store: “Pending payment”, “in course”, “delivered to the transport service”, etc.
5.4. Deterioration during transport
Merchandise will always be correctly and properly packaged and transporters we use will have our full confidence, although notwithstanding it is possible that the merchandise could undergo deterioration during transport, be the same due to theft, due to excessive temperatures, due to accident or due to any other cause. You must never admit merchandise if you notice that the external appearance reveals incorrect treatment during transport or if the packaging is broken or if the seal is missing. If this was to happen, we will replace the merchandise with other merchandise in perfect conditions within 5 days as of receiving the rejected shipment at our factory. Notwithstanding, please take into account that the Store is not liable for any merchandise that arrives without an intact seal.
If you were to decide to accept the package, with reservations, then we recommend that you detail the defect you have observed and sign the delivery sheet and, if you are already holding it, then we recommend that you take a photograph of both the box and its content, preferably in the presence of the employee of the transport company, this with the goal of coursing the opportune claim to the transport company.
6. RIGHT TO DESIST
In due conformity with Legislative Royal Decree 1/2007, dated November 16th, by which the rewritten text of the General Law for the Protection of Consumers and Users and other complementary laws is approved, the Client enjoys the right to desist in the contract without any need for further justification, right that must be exercised within a maximum period of 14 days to be counted as of the date of delivery. Notwithstanding, given the nature of the products, exercising of the right to desist will be conditioned to the product being returned to the Store with the packaging and all seals in a perfect state. In the case of the Client exercising the right to desist, the same will be reimbursed with the full price of the product, with the return costs of the product being to the account of the Client. In order to exercise the right to desist, the Client must contact the Store via electronic mail at firstname.lastname@example.org, where the steps to be followed as of that moment will be duly outlined.
7. FISAN GUARANTY
Although our product is highly reputed due to the important level of uniformity in its premium quality, it may happen that the product in question does not have the guaranteed quality due to reasons that are beyond the control of the Store.
If once the product has been delivered and just opened, and you were to consider that this is indeed the case, you will have to send us an electronic mail describing your claim and attaching a photograph of the product you are claiming for, this no later than 5 days following its reception.
You will receive an answer to your claim within a period of five days, either fully or partially accepting your claim with adequate justification and you will be offered the possibility of either having it replaced with expenses to our account or even some sort of fair compensation system or even full return of your money to the same account or card from which you made payment originally. In this latter case you must return the merchandise to us and restitution of the amount will take place once the shipment is received and its content has been checked, all this within a period of 5 days. Given the food characteristics of the product, no returns will be admissible unless they are preceded by an electronic mail informing of the same and which is to be confirmed by our Customer Service Department (Customer Service Hours on Working Days: 9.30 am – 12.30 pm / 3.30 pm – 5.30 pm).
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Store is the title-holder of all intellectual and industrial property rights of its website, as well as of all the elements included in the same (by way of information (and in no case limited), images, sound, audio, video, software or texts; brands or logotypes, color combinations, structure and design, selection of materials used, necessary computer programs for its operation, access and use, etc.). All rights reserved. In virtue of that arranged in articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, reproduction, distribution and public communication are expressly prohibited, including the modality of at disposal, of the totality or part of the contents of this website, with commercial aims, under any support system and by any technical means, without the authorization of the Store. The Client commits to respecting all Intellectual and Industrial Property Rights of which the Store is the title-holder. The elements may be viewed in the portal and even printed, copied and stored on the hard disc of your computer or on any other physical support system, this is long as the same is solely and exclusively for your own personal and private use. The Client must abstain from eliminating, altering, eluding or manipulating any protection device or security system that was to have been installed in the pages of the Store.
9. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
The Store is not responsible or liable, in any case whatsoever, for any damages of any nature that could arise, by way of information, and in no case limited: errors or omissions in the contents, lack of availability of the portal or transmission of virus or malware (malicious software) in the contents, this despite having adopted all the necessary technological measures to avoid the same.
10. RIGHT OF EXCLUSION
The Store reserves the right of denial or removal of access to the portal and/or to the services that are offered, this without any need for pre-warning, upon its own request or that of a third party, to those users that do not duly comply with the present General Conditions on use.
11. APPLICABLE LAW AND JURISDICTION
The relationship between the Store and the Client will be governed by the enforced Spanish Law and any controversy will be submitted to the Courts and Tribunals of the city of Salamanca, save those suppositions in which by legal imperative other Courts and Tribunals were to be competent in this sense.