GENERAL CONDITIONS OF SALE

 
1. GENERAL INFORMATION

This website - mallafre.com (hereinafter "the Website") - is owned by: JOSEP MARIA MALLAFRÉ ROVIRA, (hereinafter "MALLAFRÉ"), with Tax No. 39879385F, and the following contact details:

Address:   Av. Montbrió, 21 - 43330 RIUDOMS (Tarragona)
Telephone: +34 977 850 084
Email: mallafre@mallafre.com

This document (along with others referred to here) sets out the terms and conditions that govern the use of the mallafre.com website as well as the purchase of products and/or services through it (hereinafter "the Terms & Conditions").

For the purposes of these Terms and Conditions, the business activity that MALLAFRÉ conducts through the Website includes the following:

Sale of non-refrigerated food products, such as: olive oil, olives and derived products.

In addition to reading these Terms & Conditions, before accessing, browsing and/or using this Website, you should have previously read the Legal Statement (data protection), including MALLAFRÉ's legal notice, privacy policy and cookie policy. By using this Website or by purchasing products and/or services through it, you agree to be bound by these Terms and Conditions and all of the above. Therefore, if you do not agree to all of the above, you should not use this Website.

Please also note that these Terms and Conditions are subject to change. Users are responsible for reviewing them each time they access, browse and/or use the Website, as any Terms and Conditions in effect at the time of making a request to purchase products and/or services shall apply.

If the User has any questions regarding the Terms and Conditions, they may contact the Website owner using the contact details provided above or, if appropriate, by using the contact form.

2. USERS

Anyone accessing, browsing and using the Website is deemed to be a User (hereinafter referred to as "User" or "Users"). Therefore all the Terms and Conditions set out here, as well as any subsequent changes, are taken as accepted from the moment the User starts to browse the Website - notwithstanding any relevant, applicable, compulsory legal regulations.

The User assumes responsibility for correctly using the Website. This includes:

  • Using this Website solely for making enquiries and making legally valid purchases. 
  • Not making any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it may be cancelled and the relevant authorities informed. 
  • Providing true and lawful contact details - for example email address, postal address and/or other details (see Legal Statement). 

The User confirms that he/she is over 18 and has the legal capacity to enter into contracts via this Website.

The Website is primarily intended for Users who live in the EU. MALLAFRÉ does not warrant that the Website complies with the laws of other countries, either in whole or in part. MALLAFRÉ declines any responsibility arising from such access, and does not guarantee deliveries or service provision outside the EU.

You may freely enter into a contract of sale with MALLAFRÉ for the products and/or services you wish in any of the languages in which these Terms and Conditions are available on this Website.

3. PURCHASING PROCESS

Duly registered Users may make purchases on the Website using the established means and forms. Please follow mallafre.com's procedure for making online purchases, selecting the products and/or services you want, adding them to your shopping basket, and clicking on "Proceed to checkout".

The User must also fill in and/or check the requested information at each step. Please note, however, that purchase details can be changed during the purchase process, up until payment is made.

You will then receive an email confirming that MALLAFRÉ has received your order and/or request for service provision - that is, our confirmation of your order. If appropriate, they will also be sent an email stating when their purchase is being shipped. If applicable, this information may also be made available to the User via their personal user area within the Website.

Once the purchase process has been completed, the User agrees to the Website generating an electronic invoice that will be sent to them by email and, where applicable, through their personal user area within the Website. When making purchases, you acknowledge that you are aware of certain special conditions of sale in regard to the product and/or service in question, and which are displayed as part of its presentation or image, if applicable, on the Website page in question. Depending on each case, this includes but is not limited to: the name, price, components, weight, quantity, product details or characteristics, the way in which they will be provided, and/or the cost of the products and/or services. You further acknowledge that by placing your order you fully accept the special terms and conditions of sale that apply in each situation.

Any communications, purchase orders and payments involved in any transactions made via the Website may be stored and kept in MALLAFRÉ's computer records for the purposes of providing evidence of the transactions. Under all circumstances, reasonable security conditions shall be respected as well as any applicable relevant laws and regulations, and particularly in accordance with European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals in regard to processing personal data and the free movement of such data ("GDPR") and Spain's Data Protection and Guarantee of Digital Rights Act 3/2018 of 5 December ("LOPDGDD"), as well as any applicable User rights in accordance with this Website's privacy policy.

4. AVAILABILITY

All purchase orders received by MALLAFRÉ via the Website are subject to product availability and/or any circumstances or causes of force majeure (please see Clause 9 of these Terms and Conditions) that may affect the supply of the products and/or services. If there are any difficulties in supplying products or there are no products left in stock, MALLAFRÉ will contact you and refund any sum(s) you have paid. This shall also apply in cases where providing a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final prices, in euros (€), including taxes, unless otherwise stated and applied, due to a legal requirement - in particular in relation to VAT.

Shipping costs are included in the final prices of the products displayed on the Website. MALLAFRÉ fulfils delivery and/or shipping services through: DHL

The Website will not automatically add additional costs to the price of a product or service, except for those that the User has voluntarily and freely selected and chosen.

Prices are subject to change at any time. However, changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted forms of payment are: credit or debit card, via the relevant payment gateway, and bank transfer.

MALLAFRÉ employs all measures to ensure the confidentiality and security of payment details you send as part of transactions made via the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards are subject to verification and authorisation by the issuing bank. In the event that the bank does not authorise the payment, MALLAFRÉ shall not be responsible for any delay or non-delivery and will be unable to confirm the transaction.

In all circumstances, by clicking on "Proceed to checkout" you confirm that the payment method used is your own or, if applicable, that you are the lawful holder of the payment card.

6. DELIVERY

Where the physical delivery of the agreed goods is applicable, deliveries shall be made within the following territory: European Union (EU).

Except in unforeseen or extraordinary circumstances, the purchase order consisting of the products listed in the purchase confirmation shall be delivered within the period stated on the Website, depending on the shipping method you select - and, in any case, within a maximum of 7 calendar days from the date the order is confirmed.

If, due to any reason attributable to MALLAFRÉ, we are unable to meet the delivery date, we will contact you to notify you of this and you will have the option of proceeding with the purchase and setting a new delivery date or cancelling the order, with a full refund of the price paid. In all cases, home deliveries are made on work days.

If it is impossible to deliver the order due to the User not being there, it may be returned to the warehouse. However, in this case the delivery company would leave a note explaining where the order is located and how to arrange for it to be sent out for delivery again.

If you are not going to be at the place of delivery at the agreed time, you will need to contact MALLAFRÉ to agree another day.

If, 30 days after your order has been available for delivery, it has not been delivered for reasons not attributable to DHL, it will be taken that you wish to withdraw from the agreement, and the contract for sale will therefore be deemed to be terminated.

For the purposes of these Terms and Conditions, delivery will be deemed to have taken place, and the order fulfilled, at the point when the User or a third party nominated by them takes actual possession of the product(s), as confirmed by signing for receipt of the order at the agreed delivery address.

From the point at which the goods are delivered, any product risks are borne by you. You take ownership of the products once MALLAFRÉ has received full payment for all amounts due (including delivery costs) in relation to your purchase, or at the time of delivery, if this is after full receipt of the amount due to be paid to MALLAFRÉ.

In accordance with Value Added Tax (VAT) Act (Spain) 37/1992, of 28 December, purchase orders for delivery and/or provision of service will be subject to Spanish VAT if the delivery address is within Spanish territory except for the Canary Islands, Ceuta and Melilla. The VAT rate applied shall be that which is legally in force from time to time, depending on the specific item in question.

7. TECHNICAL MEASURES FOR CORRECTING ERRORS

If you spot an error when entering the details required for processing your order on the Website, you can correct this by contacting MALLAFRÉ via the appropriate contact area of the Website, and, if applicable, via the customer service contact channels and/or using the contact information shown in Clause 1 above (General Information). This information may also be made available to the User via their personal user area within the Website.

In any case, before clicking on "Proceed to checkout", you can access your basket or area where your purchase requests are stored and make any relevant changes there.

Please also refer to our Legal Statement and General Terms and Conditions of sale, and in particular our Privacy Policy, for more information on how to exercise your right to make rectifications in accordance with European Parliament and Council Regulation (EU) 2016/679, of 27 April 2016, regarding the protection of individuals in regard to processing personal data and the free movement of such data ("GDPR") and the Data Protection and Guarantee of Digital Rights Act (Spain) 3/2018 of 5 December ("LOPDGDD").

8. RETURNS

Where Users buy products through the owner's Website, they have a number of rights, as set out below:

The Right to Cancel

In accordance with Spanish legislation, customers have the right to cancel, allowing them to return the product they have received if it does not meet their expectations.

This right may be exercised within 14 calendar days from receipt. Due to the nature of the products sold on this website, if you wish to exercise your right to cancel, you must not open the product so that it remains fit for consumption.

Where you have opened the product, this right to cancel will not be applicable in accordance with the exclusions contained in Article 103 of Spain's Royal Decree 1/2007, of 16 November, which approved the Revised Text of the General Consumer and User Protection Act (Spain) and other complementary laws amended by Article 28 of Act 3/2014, of 27 March, paragraph e.

In situations where it is MALLAFRÉ who handles the collection of the product being returned, once the condition of the goods has been checked, the refund for the purchase amount is made via the same means of payment originally used to pay for the order and, in any case, within 14 calendar days from receipt of the request to cancel. If it is the buyer who is returning the product using a carrier of their choice, the 14-day refund period starts from the moment MALLAFRÉ is actually aware of the goods being dispatched or, failing that, from the time the product is received.

The costs of returning goods under the right to cancel are borne by the buyer.

You can exercise your right to cancel through any of the following means:

- Using the following link: withdrawal form
- Using any other legally valid form of notification.

The User can return or send the products to:

MALLAFRÉ
Av. Montbrió, 21 - 43330 RIUDOMS (Tarragona)

When exercising the right to cancel, it is sufficient that the communication unequivocally expressing the User's decision to cancel is sent before the end of the cooling-off period.

This right to cancel will not be applicable in accordance with the exclusions contained in Article 103 of Royal Decree 1/2007, of 16 November, which approved the Revised Text of the General Consumer and User Protection Act (Spain) and other complementary legislation modified by Article 28 of Act 3/2014, of 27 March, under the following paragraphs:

- d) "the supply of goods which are liable to deteriorate or expire rapidly" (according to Best Before Date)

- e) "the supply of sealed goods which are not eligible for return for health or hygiene reasons, and which have been unsealed after receipt".

Returning defective products or errors in shipping

This relates to situations where you, the User, consider that at the time of delivery the product does not comply with the agreement or purchase order. In such cases, you should contact MALLAFRÉ immediately and notify us of the non-conformity (defect/error) using the same contact details shown in the section above (Right to Cancel).

We will then tell you how to return the products. Then, within a reasonable period of time of them being returned and examined, we will notify you of the refund or, if applicable, replacement of the goods.

The product will be refunded or replaced as soon as possible and, in any event, within 14 days from the date on which we send you an email confirming that the non-compliant product is being refunded or replaced.

The amount paid for those products that are returned due to defects, where these actually exist, will be fully reimbursed, including delivery costs and any costs the User incurred in returning the item(s). The refund will be made to the same payment method used when making the purchase.

We shall at all times respect any recognised legal rights that apply to you - both as a consumer and user of the Website.

General guarantee for all products

Unless proved otherwise, the goods shall be deemed to conform to the agreement, provided that they meet all the requirements set out below:

1. They meet the seller's description and possess the qualities of the product that the seller has presented to consumers and users on the Website or in the form of a sample or model.

2. They are suitable for the uses that products of a similar type are ordinarily aimed.

3. They present the usual quality and performance of a product of the same type that consumers and users can reasonably expect, taking into account the nature of the product.

The Consumer and User Protection Act offers a two-year guarantee from the date of receipt of the product. However, this period will depend on the nature of the product itself, where the shelf life of the product (Best Before Date) is earlier than the guarantee period set by the Act.

9. LIABILITY WAIVER

Unless otherwise legally provided for, MALLAFRÉ accepts no responsibility for the following losses, regardless of their origin:

  • Any losses that are not attributable to any breach on its part;    
  • Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or      
  • Any other indirect loss not reasonably foreseeable by both parties at the time the agreement to sell the products was made. 

MALLAFRÉ also limits its liability in the following situations:

  • MALLAFRÉ applies all appropriate measures by truthfully and accurately displaying the product on its Website. However it is not responsible for any minimal differences or inaccuracies that may exist due to lack of resolution on the computer screen, or problems relating to the browser used or other issues of this nature.        
  • MALLAFRÉ will act with maximum diligence in order to make the ordered products available to the delivery company. However, it is not responsible for losses arising from a malfunction during transportation, especially for reasons such as strikes, traffic jams, and in general any other issue that is typical of the sector, and which results in delays, losses or theft of the product.           
  • Technical failures, whether due to accident or other reason, that prevent the normal operation of the service over the internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the service from being available. MALLAFRÉ makes all its resources available for carrying out the process of purchasing, payment and shipping/delivery of its products. However, it is not responsible for causes which are not attributable to it, nor for unforeseeable circumstances or force majeure.          
  • MALLAFRÉ will not be responsible for the incorrect use and/or wear and tear of any products that you have used. Nor shall MALLAFRÉ be responsible for erroneous returns made by you. It is the User's responsibility to return the correct product.        
  • In general, MALLAFRÉ will not be responsible for any failure or delay in meeting any of its obligations where this is due to events beyond its reasonable control - that is, due to reasons of force majeure, including but not limited to the following:  
    • Strikes, lockouts or other forms of industrial action.
    • Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or undeclared) or threat of or preparations for war or a state of alarm.                   
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.              
    • Inability to use trains, ships, planes, motor transport or other means of transport, whether public or private.            
    • Inability to use public or private telecommunications systems.              
    • Acts, decrees, legislation, regulations or restrictions made by any government or public authority.

The obligations will therefore be suspended for as long as the cause of force majeure goes on, and MALLAFRÉ shall be given an extension to its period for meeting its obligations equal to the duration of the cause of force majeure. Despite the cause of force majeure, MALLAFRÉ will make all reasonable resources available to find a solution that will enable it to comply with its obligations.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, you agree that most communications with MALLAFRÉ will be done electronically (by email or via notices posted on the Website).

For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that MALLAFRÉ sends electronically meet the legal requirement that they be in writing. This condition does not affect the User's statutory rights.

You may send notifications to and/or communicate with MALLAFRÉ using the contact details given within these Terms and Conditions and, where appropriate, through the contact section of the Website.

Similarly, unless otherwise stipulated, MALLAFRÉ may contact and/or send you notifications via the email address or postal address you have provided.

11. WAIVER

Where MALLAFRÉ waives a specific legal right or legal action or does not require your strict compliance with any of its obligations, this shall in no way constitute a waiver of other rights or legal actions arising from an agreement or these Terms and Conditions. Nor shall it exonerate you from complying with your obligations.

Where MALLAFRÉ waives any of these Terms and Conditions or any rights or legal actions arising from an agreement, these shall not be effective unless expressly stated to be a waiver and formally communicated to you in writing.

12. NULLITY

If any of these Terms and Conditions is declared null and void by a final decision made by the competent authority, the remaining clauses shall remain in force, and shall be unaffected by such declaration of nullity.

13. FULL AGREEMENT

These Terms and Conditions along with any document expressly referred to within them, constitute the full agreement between you and MALLAFRÉ in regard to the sale. They replace any other agreement, arrangement or previous promise agreed verbally or in writing by both parties.

You and MALLAFRÉ acknowledge that you have consented to enter into an agreement without having relied on any statement or promise by the other party - except as expressly referred to in these Terms and Conditions.

14. DATA PROTECTION

Any information or personal data you provide to MALLAFRÉ in the course of entering into a transaction via the Website shall be treated in accordance with the provisions of the Legal Statement and additional information found on the Website. By accessing, browsing and/or using the Website, the User consents to such information being processed and declares that all information or data provided is true.

15. COMPLAINTS AND CLAIMS

Please send any complaints or claims to MALLAFRÉ using the official online customer/user form, which you will find at the following link:

Complaints form

For broken glass containers, your claim needs to be filed within 48 hours.

If the product is not in a good condition, your claim needs to be filed within 72 hours.

Information for the buyer about conflict-resolution platform @E-commerce.

If a dispute arises between you and MALLAFRÉ regarding this purchase agreement, you, as a consumer are entitled to request an out-of-court dispute settlement in accordance with Article 14.1 of EU Regulation 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.

16. APPLICABLE LEGISLATION AND JURISDICTION

Accessing, browsing and/or using this Website and any agreements made to purchase products through it are governed by Spanish law.

Any dispute, issue or disagreement arising from or related to accessing, browsing and/or using the Website, or related to the interpretation and execution of these Terms and Conditions, or related to sale agreements between you and MALLAFRÉ shall be subject to the non-exclusive jurisdiction of Spanish courts and tribunals.