In compliance with the duty of pre-contractual information in distance contracts established in art. 97 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the consumer is informed of the conditions that will govern the purchase of the services offered by our website WWW.CABESAN.EU. These conditions do not apply to customers who are not end consumers, who will be governed by the particular conditions between the parties.
Minimum age to buy in our online shop.
The products we sell in our online shop may be sold to those who meet these conditions: (a) are 18 years of age or older; or are an emancipated minor; or, in the case of an unemancipated minor, have parental or guardian consent to these terms, (b) have the capacity to enter into a binding contract with us and are not prohibited by any applicable law. The User also guarantees that all information provided to CABESAN AGRICULTURA, S.L. is truthful, accurate and complete, and agrees to keep it that way at all times.
Price, shipping costs, availability and quality of products.
2.1. Price of the services.
The prices of the products displayed include Value Added Tax (VAT) at an appropriate percentage as indicated in Law 37/1992 of 28 December 1992 on Value Added Tax for fruit and vegetables. Shipping costs are included, which will depend on where the order is delivered and other factors.
Given that we make our shipments taking into account various factors such as postal address of delivery, municipality and province, country, volume, weight, height and other conditions of transport, shipping costs along with the specific price of the product in which the customer is interested are included by default in the purchase once you indicate the data of the place of delivery. However, we inform you that the default shipping costs are equivalent to the proportional part of applying 22% on the amount shown as a subtotal to be paid. For more information, we indicate that we make our shipments from the companies CASTILLO TRANS, S.A and GLS (General Logistics Systems).
You will always be informed of these expenses before finalizing the purchase and in the invoice that you request us. Likewise, a complete information about the corresponding product will be provided before the purchase.
National deliveries are made within the territory of mainland Spain (therefore, deliveries are not made to the Balearic Islands, Canary Islands, Ceuta or Melilla). The applicable VAT rate is that resulting from the applicable regulations in force at the time of your purchase. The delivery time in mainland Spain is 3 days from confirmation of shipment.
International shipments will be made to Germany and Austria. The VAT rate applicable to these countries is 7% (for fresh and canned products) and 10% (for fresh and canned products, respectively). The delivery time to territories in Germany or Austria is 5 to 7 days after confirmation of shipment.
Furthermore, in case we run promotional periods, these will be duly indicated and announced on the website. They will only apply to products and services of CABESAN AGRICULTURA, S.L.
CABESAN AGRICULTURA, S.L. reserves the right to modify these prices at any time, however, the products will be invoiced on the basis of the rates in force at the time of registration of orders (provided they are in stock). CABESAN AGRICULTURA, S.L. reserves the right to refuse any order from a Customer with whom there is a dispute.
2.2. Optimization of shipping costs.
We cannot combine two different orders, and shipping costs will be applied to each one individually, so we advise you to group all products in the same order.
2.2. Product availability and quality
2.2.1. Availability
All data included in the photographs, product sheet or text on our website or social networks have a purely informative function, therefore, CABESAN AGRICULTURA, S.L declines any responsibility for the appearance of errors in such information, although it undertakes to take all measures within its power to correct as soon as possible the errors or omissions after having been informed of them.
CABESAN AGRICULTURA, S.L. updates the availability of all the products that appear on the web, but, if the case of unavailability of any of them once the order has been placed, the Client will be informed by e-mail or telephone of the partial shipment or cancellation of the order.
The request for a specific order or volume of product via the interactive form “Create your garden” on our website by customers shall be considered as a simple request, and is subject to a minimum order of 8 kg. In the purchase form available from the normal “online shop” process, there is no minimum order. In both cases of purchase, the company is not obliged to the availability of the product, nor to the reservation of quantities, as long as the purchase process has not been completed and the payment obligation has not been fulfilled.
We have made every effort to display as accurately as possible the colours and images of the facilities shown on the website. We cannot guarantee that the display of any colour on your device monitor will be accurate.
We reserve the right to limit the sale of product. We may exercise this right on a case-by-case basis.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.
Returns, Exchanges and Cancellations Policy.
The customer may return the products purchased on our website with the applicable exceptions included and developed in Law 3/2014 of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws approved by Royal Legislative Decree 1/2007 of 16 November, in its article 103 paragraph d), which states that the right of withdrawal on the supply of goods that may deteriorate or expire quickly will not be applicable.
3.1. RETURNS DUE TO THE RIGHT OF WITHDRAWAL.
Consumer users may exercise the right of withdrawal or return outside the aforementioned cases. The Customer has a period of 14 calendar days from receipt of the products to exercise their right of withdrawal, proceeding to the refund of the price, (according to Art. 102 of Royal Legislative Decree 1/2007, 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws). In the event of requesting a refund within this period, the costs will be reimbursed in accordance with the law on consumers and users.
If you wish, you can download the model right of withdrawal form here; or use the model available in Annex I of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
Any refund, motivated by the exercise of the right of withdrawal, must be requested to CALIDAD@CABESAN.ES within a maximum period of 14 calendar days. In the subject line of the message the Client must write the word “Return” followed by the order number. In the body of the message the Customer must specify the necessary references.
It is necessary that you send us clear and clear photographs in which you can check the condition of the items, so that we can more easily solve any incident that may occur.
The items to be returned must be in our facilities within 14 days after you inform us of your wish to cancel the purchase. Once this period has passed, items will not be accepted for return. Be sure to send us your item perfectly identified using the case number that we will assign you when you contact our support department.
As soon as CABESAN AGRICULTURA, S.L. receives this communication, it will proceed, via email, to provide the Customer with a return number.
In case of return by right of withdrawal, the refund of the amount of the purchased order will be carried out by means of the same method of payment used for the purchase. In general, a bank account number will be requested for the refund.
3.2. CANCELLATIONS.
The client will be able to cancel the realized order whenever CABESAN AGRICULTURA, S.L. has not initiated the preparation of the same one and always before the shipment. All the cancellations will have to be informed sending an e-mail to CALIDAD@CABESAN.ES in the corresponding terms. In the subject of the message the Client will have to write the word “Cancellation” or “Annulment”, indicating the details of the order that wishes to annul in the body of the message.
CABESAN AGRICULTURA, S.L reserves the right to cancel the order to the client, without possibility of later claim and accepting previously the general conditions in those cases when the amount of the sale has not been paid; or when on the part of third parties the order cannot be delivered in date and form or when there are punctual system errors on prices and volume of stock expressed in web. In this case CABESAN AGRICULTURA, S.L guarantees to the client to communicate it to him as soon as possible already be by means of notification in his area of client or by email, CABESAN AGRICULTURA, S.L will guarantee that the client will have his amount paid to the major possible briefness normally in a term of 5 days.
3.3. CHANGES
For those cases in which you have acquired our products, it is necessary to warn that we do not realize changes. However, if there has been any error in the purchase, the selection of the product or the date of cultivation, we recommend that you contact us through the means indicated.
We will try to solve your problem by modifying the date or refunding your money so that you can go through the purchase process again.
If you wish to make a change after the withdrawal or cancellation period has expired, please contact us.
3.4. RETURNS FOR PRODUCTS IN POOR CONDITION
In the case that the client wants to return a product in bad state (defective), CABESAN AGRICULTURA, S.L will take charge of the costs of the return (paid previously by the client), previous verification by our professionals that the product has not been manipulated or consumed by the client and that indeed it is defective. If the product has been handled, replaced or consumed by the customer, or according to our criteria is not defective, we will not proceed with the return.
In the case that the return is approved, CABESAN AGRICULTURA, S.L. will issue a return number (RMA number) and will send it by e-mail to the customer.
When the delivered product is defective, CABESAN AGRICULTURA, S.L will take care of the collection of the same in the address provided by the Client for the delivery, and this will facilitate the collection for the later delivery in our warehouses. On the contrary, in the case that the Client so declares, the Client will be responsible for the shipment of the product in the address indicated by CABESAN AGRICULTURA, S.L.
3.5. RETURNS FOR DELIVERY ERRORS.
When the delivered product is incorrect, CABESAN AGRICULTURA, S.L will be responsible for the collection of the product in the direction that the Client indicates without costs for the client. In any case, the customer must inform of the error and prove that there was an error in the order by taking a photograph of the products in such a way that the error can be seen.
In the case that the return is approved, CABESAN AGRICULTURA, S.L. will issue a return number (RMA number) and will send it by e-mail to the customer.
From the reception of your order you must follow the following instructions: Check the package on delivery. If you notice an error in the order received, or any product is missing, it is advisable to record all incidents on the carrier’s delivery note and notify CABESAN AGRICULTURA, S.L. by e-mail to CALIDAD@CABESAN.ES as soon as possible after receiving the order.
When the delivered product is defective or has had some incidence by transport, it will have to indicate it to us as soon as possible sending an e-mail to CALIDAD@CABESAN.ES to facilitate the management and claim to the company of transport. Its return will be able to be realized by means of the sending of the company of collection by CABESAN AGRICULTURA, S.L to the place where the client indicates; or it will be able to be sent by the own client, under his responsibility, to the facilities of CABESAN AGRICULTURA, S.L. In the case of choosing this last modality of return, the client must make sure that the package arrives at our office without suffering any damage or loss. CABESAN AGRICULTURA, S.L. is not responsible for the loss or misplacement of the packages during the shipment.
3.6. REFUNDS
In the case of a partial or total refund in favour of the client, CABESAN AGRICULTURA, S.L is committed to pay the agreed amount within a maximum period of 14 calendar days from the reception of the products.
Accuracy of billing information.
You agree to provide current, complete and accurate information for all product purchases made on our website. You agree to promptly update your data and other information, including your email address, so that we can complete your transactions and contact you when necessary.
Website registration, means of correcting errors and accessing documents.
You do not have to register as a user on our website in order to purchase your order. When you provide us with your details, we store them on our secure server and your personal details are added to our database and used only to process your purchase. At any time you can modify the personal data entered in the purchase form by sending us an e-mail to CALIDAD@CABESAN.ES.
If at any time you have problems accessing any part of our website, it may be due to the model or version of your browser or the configuration of your browser options. If you need us to help you find a solution or if you have any questions regarding the operation of our purchasing system, you can contact us at the e-mail address CALIDAD@CABESAN.ES. We will be delighted to help you.
We have a system of on-screen warnings that identify errors made when entering data and allow the customer to correct them at the time of placing the order.
If, after placing the order, you wish us to correct any information that you have given us incorrectly, you can contact us at the e-mail address CALIDAD@CABESAN.ES.
At the end of a product purchase we will send you a confirmation e-mail. The confirmation of purchase is not valid as an invoice, but only as a receipt. In the same e-mail we may ask you for additional information or documentation.
You can request your invoice by sending an e-mail to CALIDAD@CABESAN.ES.
Methods of payment
Payment, in full or in part, of the purchase order can be made in the following ways:
By credit or debit card:
The sending of your credit card details for the payment of your order and any other sensitive information is done through the security protocol of the REDSYS payment gateway, owned by REDSYS SERVICIOS DE PROCESAMIENTO, S.L, adhered to those banks with which we operate, Caja Rural de Cheste, used in the best virtual shops.
The confidentiality of your data is fully guaranteed. All confidential information sent through our website is encrypted and therefore protected from access by third parties.
The amount of the purchases will be debited from the Customer’s bank account, once we have received confirmation of authorisation from the bank payment centres. In the event of a refusal by the bank, the order will be automatically cancelled. In the event that the purchase has actually been made by the Client who demands the cancellation of the charge, he/she must compensate CABESAN AGRICULTURA, S.L. for the damages caused by the cancellation.
This method of payment does not have any surcharge for you.
6.2. PayPal, Stripe Credit Card and other payment servers.
We accept payment using a PayPal or Stripe Credit Card account.
If you select the PayPal payment method and click on the corresponding icon you will be redirected to the PayPal payment platform, where you will be asked for your user details and password to make the payment.
You can also choose to pay with Stripe Credit Card if you have an account. If you do not have an account with Stripe but would like your personal details to be saved for future purchases, you should select the option “Save payment information in my account for future purchases”. This way the next time you shop at this or any other shop powered by Stripe, you will receive a code via text message to make secure payments with Stripe.
Language in which the sale is made.
The contracting procedure and pre-contractual information is in Spanish and this language will be used to carry out the contract. You can also select to have the information and purchase process displayed in English or German.
Online Dispute Resolution Platform
The European Commission has launched a platform to help consumers
and traders to resolve disputes relating to purchases made on the Internet. It can be accessed via the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
Applicable law and jurisdiction.
The parties agree, of their free will, that the relationship between the user and CABESAN AGRICULTURA, S.L will be governed by current Spanish legislation, and the competent courts will be competent to decide on any dispute that may arise between the user and CABESAN AGRICULTURA, S.L, the competent courts or tribunals.
VALENCIA, 13th December 2022.
