The present document contains the Conditions that govern the use of this website hosted under the domain www.masiaartesana.com, as well as any other that can be determined at the time and the contract between the two parties, Masia Artesana S.L., – you and us – (hereinafter referred to as the “conditions”).
These Terms set out the rights and obligations of all users (hereinafter “you”) and those of Masia Artesana S.L. (Hereinafter “we”) regarding surfing through the website, the acquisition of the status of User, the rights and obligations associated with such condition, as well as commercial transactions and the use of services contained therein. These conditions do not apply to customers with hotel and shop rates, which are governed by specific conditions for these customers.
These conditions may be modified at any time, so you should read them before placing each order.
All products offered at www.masiaartesana.com are sold directly by Masia Artesana S.L., address at Pol. Ind. Les Verdunes, parc. 34-35, 25400 Les Borges Blanques (Lleida) and CIF number B25737222.
All intellectual property rights of the Website and its contents belong to Masia Artesana SL, which means that no user is authorized to use them or print them, or store them in hardware under any circumstances other than that of personal and private use. Modification, decomposition or commercial use of any part is strictly forbidden.
The website may only be used for information and service purposes, provided that full acknowledgment of the source is made. The User is solely responsible for any misuse of information or services contained in this website.
Access to this website does not give users the right to, nor title to intellectual or industrial property or to the contents contained. Users accessing this website may not copy, modify, distribute, transmit, reproduce, publish, transfer or sell the aforementioned elements or create new products or services derived from information obtained without having express written permission from Masia Artesana SL.
Altering the content or structure of this website is strictly forbidden.
Masia Artesana S.L., reserves the right to take legal actions against users who violate or infringe intellectual and / or industrial property rights.
If the user detects any activity that infringes any intellectual, industrial or any kind of property right, please notify us via our contact form.
The information on the website is in force as of the last update. The company reserves the right to modify the contents of the website without notice and may limit or deny access to this website.
LINKS TO CONTENT
Masia Artesana S.L. reserves the right to block electronic links directed to the website that haven’t been previously authorized.
In the event that the web site contains links to content owned by third parties, Masia Artesana S.L. assumes no responsibility for information contained in third party websites or for the information contained therein.
Masia Artesana S.L. will withdraw any link upon becoming aware by any means, of the wrongfulness of their content or if the rights or goods of a third party are damaged or infringed.
CONDITIONS OF USE
These conditions are designed to create a legally binding agreement between the parties, protecting your rights as a customer and our rights as a company.
These conditions regulate the offer, acceptance of purchase and shipment of Masia Artesana S.L. products between the parties.
Products offered by Masia Artesana S.L. are exclusively for end users that purchase the products for their own use and not for re-sale.
The term “end user” means any natural or legal person acting within the website www.masiaartesana.com with intentions or purposes other than their normal commercial, business or professional activities.
Masia Artesana S.L. reserves the right to not serve orders placed by individuals who differ from the end user. Goods and services may only be purchased and sold through the website by those end users that have previously registered themselves in accordance to the General Conditions.
The conditions of use set forth herein do not apply to customers who are part of groups of hotels, shops or other discount groups.
REQUIREMENTS FOR REGISTERED USER STATUS
The acquisition of registered user status allows navigation through the restricted areas listed on the website, the use of services for which registry was done and the purchase of Masia Artesana S.L. products being offered on the website.
In order to acquire registered user status, the user must be eligible age-wise and have full capacity to enter into a contract as outlined in these General Conditions. Having registered user status involves reading and giving full consent to the terms of the General Conditions by stating that they have previously accepted such terms which can be saved and reproduced by the user. In order to hire services or purchase products offered by Masia Artesana S.L. through its online store, the user must have registered previously.
The username and password generated that will allow the user to identify and use the service are strictly personal and confidential. You are responsible for maintaining the confidentiality of the same. Consequently, the user expressly agrees, and unless proved otherwise, that we presume that the services used are made under the registered identification codes, unless the user reports loss or theft of the codes.
The password can be freely modified by the user through the procedures we have established for this purpose. The old password will not be valid once the new one has been created.
We may block access and use of the website whenever we deem necessary for security reasons. The service is automatically blocked after the user attempts to enter his codes incorrectly three times successively.
All necessary organizational and technical measures in our computing system will be adopted in order to provide an adequate service to our clients and to avoid unauthorized access to financial data of the user through the service.
The User is obliged to:
– Notify Masia Artesana S.L. of all the necessary information to Access and use of the services that require prior identification, which must be truthful, up to date and real. The user is obliged to correctly provide their personal data (name, surname, postal address, email address and other contact information) and to consent to such information being used by us in order to contact the user if necessary. If the user does not provide all full information, we will not be able to prepare the order and Masia Artesana S.L., will not be held responsible, under any circumstances, for possible delays or errors in delivery as a result of incorrect or missing information.
– The user will not make an order that is false, speculative or fraudulent. Masia Artesana S.L., reserves the right to cancel the order and/or notify the corresponding authorities in case of reasonable suspicion that the order is false.
– By making an order on this website, the user guarantees that they are over 18 years old and that they are legally able to enter into a binding contract.
– Adopt the necessary personal and material security precautions to maintain the confidentiality of user name and password, and to immediately notify Masia Artesana S.L. in the event of loss, theft, or unauthorized use of the user name, even by a third party.
– To use the services included in the website in a correct manner and always in accordance to law.
– To not carry out any activity that could interfere or disrupt the functioning of the services included in the website.
– To make payment for the products purchased via the website of Masia Artesana and for transport and bank charges if selected.
Part of the information or communication that is sent will be in writing, which, according to the current law, requires the user to accept that the majority of correspondence will be done electronically. User will be contacted via email or notified via webpage notices. Thereby the user acknowledges and consents to such electronic means of communication and recognises that all contract, notification, information and other communications that is sent meets current legality if presented in a written form. This condition does not affect your rights. Communications can be sent via email or via post to the postal address provided on making an order. Notifications will be taken to have been received and correctly done at the same time that they are published on the website, twenty-four hours after having been sent by email or three days after the stamped date of any letter.
The products offered by Masia Artesana S.L., are distributed in the Spanish peninsular, the Balearic and Canary Isles, Ceuta and Melilla. Any order with a delivery address that is outside this territory will be rejected during the order process.
CONTRACT WITH MASIA ARTESANA S.L. AND ORDER ACCEPTANCE
The content of our website is an invitation to carry out business. No contract will exist between the parties until the order has been accepted by Masia Artesana (even if charges have been made to user’s bank account). If an order is not accepted and payment has been made, the money paid will be totally refunded.
After clicking on the “buy” button, an email will be sent as acknowledgement. However, this does not imply that the order has been accepted as it is regarded as an offer made by the user to Masia Artesana to carry out a purchase. Orders are subject to being checked and accepted. Acceptance will be confirmed via email where user will be informed that their order is being sent (Delivery confirmation). Once delivery confirmation has been sent, the contract between the parties will be officially formalized.
Only Masia Artesana S.L. products related to the delivery confirmation will form part of the contract. Masia Artesana will not be obliged to supply any other product that could form part of the order until the user has been duly notified that by an independent delivery confirmation.
Masia Artesana S.L., without having any responsibility to the user or to a third party, could refrain from processing orders that appear to not have sufficient guarantees of solvency or are incomplete or incorrect or in the case that the products of Masia Artesana S.L. are not available. In any case, Masia Artesana S.L. promises to notify the user and in the event that payment has been made for such an order, Masia Artesana S.L. will proceed to refund the full amount anticipated.
The user has the right to cancel the contract within seven (7) days of having received the order. Masia Artesana S.L. will refund the amount paid in accordance to the Refund Policy.
The right to withdraw will only apply if the products purchased are returned in the exact same conditions they were received in, together with the original packaging, labels and any other related accessory.
Any perishable goods or those products that due to their nature can deteriorate or expire quickly will be excluded from the right to withdraw from the contract.
Masia Artesana S.L. will determine if their products were returned in the exact same conditions they were sent. Products that are returned damaged, incomplete, deteriorated, used or soiled by the user will not be refunded and will be returned to the sender postage due.
To fulfil your right to withdrawal, kindly follow our Refund Policy.
The user accepts that the products offered by Masia Artesana S.L. on their online store are subject to stock availability. All orders are subject to product availability. In the event that a product is not available once ordered, the user will be notified as soon as possible. User may modify or cancel their order at that time.
Masia Artesana S.L. reserves the right to modify the products on offer on the online store at any given time without notice.
The following purchasing procedures have been established for purchases carried out on the Masia Artesana’s website.
The user must access the online store on Masia Artesana’s website where they can purchase the displayed Masia Artesana’s products with the following information:
a) Product description, characteristics and measurements.
b) Price per unit of measurement and/or weight.
c) Delivery charges.
d) Offer conditions if any.
Once the User has chosen Masia Artesana’s product or products, they must be entered into the shopping basket shown on the website, selecting the number or units desired. Once the products are in the shopping basket, the user can see the purchase total and then click on the option “Finalise your purchase” which will then automatically show the following information:
a) Product image/photograph
d) Unit price.
e) Total Price of each product.
f) Total Price of the full purchase.
The User will then have to provide their personal data. If the user is already registered, they will be asked to enter in their user name and password. If the user did not previously register, they will have to create an account on the website.
Once the user has entered their personal data, they will see the Delivery Details, where they can check delivery and invoice information, change them and request and invoice and also write a note for the delivery Company if required.
The user will then be able to access the Order Confirmation, where they can see the delivery address, billing address, payment method, acceptance of the general purchase conditions, confirming that they are legally eligible age-wise and by clicking on the button “Next” will accept and confirm everything.
In the event of payment by a Credit/Debit Card, the user will be re-directed to the card payment platform after clicking on the “Next” button.
Once Confirmation has been made, the user will receive an email notifying them that an order has been placed and received, showing them the corresponding details of the order. At the same time, the order will be checked to see that it meets all necessary requirements to be processed. Once checked, another email will be sent to the user confirming the order and its delivery or rejecting the order.
Delivery of Masia Artesana’s products will be done by the company DHL, and will be door-to-door, normally within 24/48 hours after notice of confirmation.
Once the order has left the warehouse, an email will be sent to the user confirming that the order has been accepted and is being sent.
Orders will be sent to the delivery address that user specified while making the order, so it is highly important that delivery address details are correctly entered. Masia Artesana will not be responsible for incorrect or incomplete addresses.
For security reasons, Masia Artesana will not send orders to a post office box address or military bases nor will they accept orders where it is not possible to identify the receiver of the order and their address.
Users may call DHL (Monday to Friday between 08:00 and 20:00) quoting the delivery tracking number or directly via our contact page in case of doubt or questions regarding the delivery.
Delivery to Balearic / Canary isles
At Masia Artesana we would like residents in these areas to also try our products which is why we now offer deliveries to the Balearic and Canary Isles and to Ceuta and Melilla too.
Prices include VAT.
In the event that a delivery exceeds five (5) working days, user must notify Masia Artesana S.L.
If it is not possible to carry out the delivery, the parcel delivery company will get in contact with the user again to arrange a new delivery date.
Users should check their order once received to confirm that everything is correct. If there are any discrepancies or problems with the order, user should contact Masia Artesana via the contact form, leaving contact details and order number and stating the problem or discrepancy. Masia Artesana will get in touch with the user as soon as possible to resolve the issue.
The User becomes owner of the Masia Artesana’s products at the moment they receive delivery confirmation and the product is dispatched from our warehouse. User becomes responsible for the products the moment they receive the order.
CURRENCY, TAXES AND PAYMENT METHOD
Prices are shown in Euros.
All purchases from our website are subject to Value Added Tax (VAT).
Transport charges will be added on top of the bill, before payment is made.
Masia Artesana S.L. reserves the right to modify the displayed prices without prior notice.
Prices displayed at any given time will be valid except in the case of a clear error. Errors might occur despite all efforts to display the correct price. User will be notified accordingly and will have the option to either confirm the order with the amended price or cancel the order if an error in the price is discovered. In the event that User cannot be contacted, the order will be considered to be cancelled and the full amount paid will be refunded.
Masia Artesana will not be obliged to supply the products at an incorrect lower price (despite having confirmed the delivery) if such price error is obvious and unmistakeable and could have been reasonably detected by the User as an incorrect price.
All rights will be respected according to current law.
Masia Artesana S.L. accepts payment by credit or debit cards (Visa, Visa Electron, Mastercard and Maestro).
In order to protect payment security via credit or debit cards, a secure payment system is used. Confidential information related to the payment are transmitted directly and encrypted (SSL) to the financial entity. By carrying out the payment via a secure payment platform, the system will automatically verify that the card is activated by the secure e-commerce. Once this is done, the system will connect with the authorized bank, which will request that the operation is authentic and authorized.
Masia Artesana S.L. reserves the right to check confidential information and take the necessary steps in order to deliver the goods correctly.
As the products are fresh and perishable foods, products cannot be returned.
RETURN OF PRODUCTS WITH A DEFECT
In the event that User receives a product that has a defect or that the order is incorrect, please contact us immediately, within 24 hours using our contact form, stating the error or defect together with your personal information.
If the problem resides in the packaging, please notify the delivery company at the moment of reception, stating the problem on the delivery note or on the electronic tablet of the delivery person.
We will carefully study the returned product and will get in touch with the User by email in the shortest possible time, notifying them of either returning or substituting the product (in case of). Product return or substitution will be done as soon as possible and in any case, will be within 30 days of having sent an email confirming that the product will be returned or substituted.
All payment made for those products that really had a defect and were returned, will be fully refunded, including transport costs for delivering the goods to the User and the costs incurred to send the defective goods back to us. Refund will be carried out in the exact same way payment was made to purchase the goods.
GUARANTEES AND PRODUCT INFORMATION
The products displayed on our website are a carefully chosen selection of our collection. Great care has been taken to precisely display the colours and characteristics of our collection. However, each screen can be calibrated differently and therefore we cannot guarantee that your screen reproduces the colours exactly. A large part of our products are fresh foods and are shown as such with a serving suggestion. The product the User receives might not coincide exactly with the image displayed on our online shop.
These Terms do not in any way exonerate us from our responsibility for:
Death or personal damage caused by our negligence,
Any other responsibility that cannot be limited or exclude under current law.
Subject to the afore mentioned paragraph and within what is permitted under current law, we will not be held responsible for financial loss (including loss of income, information, profits, contracts, business or expected savings) nor for the loss of good will or reputation or special damages either experienced indirectly or directly as a result of or in connection with these Terms.
Your rights as a consumer and your right to desist from this contract will not be affected by this clause.
EVENTS BEYOND OUR CONTROL
We will not be held responsible for any breach of, or delay in meeting some of the obligations that are assumed under a contract, that are due to events beyond our control (“Force Majeur”).
“Force Majeur” will include any act, event, lack of movement, omission or accident that is beyond our reasonable control and will specially include (without limit) the following:
– Labour strikes, union strikes or any other industrial action.
– Civil unrest, riot, invasion, terrorism or threat of terrorism, declared or undeclared war, threat of war or war preparation.
– Fire, explosion, storms, floods, earthquakes, landslides, epidemics or any other natural disaster.
– Impossibility to use trains, ships, planes, motorized or other means of transport, public or private.
– Impossibility to use public or private telecommunication systems.
– Acts, decrees, legislation, rules or restrictions of other governments.
It will be understood that our contractual obligations will be suspended during the period caused by Force Majeur and that Masia Artesana will have a time extension to fulfil their obligations while the Force Majeur event lasts. Masia Artesana will do everything in their hands to end the Force Majeur situation or to find a way to fulfil their contractual obligations despite the Force Majeur situation.
DATA PROTECTION AND POLICY ON COOKIES
Users will need to register themselves in order to access certain areas on the website. Registration allows the User to access “My Account” where they can see their personal information, delivery addresses, order status, etc. Every time the User accesses this option, by just entering their email and password, the system recognizes their data, making their experience on the website more agile and easier.
Masia Artesana S.L. cares about the protection of privacy and security of their clients and guarantees that client information is treated with the highest security levels possible.
Credit card transaction are carried out via a secure SSL server (SECURE SOCKET LAYERING). When the letters “http” change to “https”, the letter “s” means that the User is in a SSL area or that their web browser can also inform them of the secureness of the website via a pop-up message. SSL encrypts the private information via data transport.
User must provide personal information in order to access certain functions of the website such as the online shop. On providing such information, the User guarantees that this is their true identity, that all information given is true, exact, up to date and complete at the time of input.
Information of a private nature will be entered into a data file belonging to Masia Artesana and will be used to manage user registry, provide you with information on Masia Artesana’s products and promotions via the email address given and to manage the purchase process in case of buying products offered on the online store.
Masia Artesana S.L. domiciled in Pol. Ind. Les Verdunes, parc. 34-35, 25400 Les Borges Blanques (Lleida) and Corporate Identification number (CIF) B25737222, as responsible for the data file, promises to respect the confidentiality of the private information contained. In order to exercise your rights to access, rectification, cancellation and opposition, the User must send a written solicitude from the same email address used during registry, using our contact form stating as reference “regarding your private information” including your text or by sending a letter together with a photocopy of your identity card (DNI) to: Masia Artesana S.L. (Customer Care Dept.) address in Pol. Ind. Les Verdunes, parc. 34-35, 25400 Les Borges Blanques (Lleida).
Registering as a User means that consent has been given to handle your information under the terms mentioned. In the event that personal information of a third-party is given, the User guarantees that they have been duly authorized to do so. Furthermore, the User is obliged to notify the third-party of the terms and conditions of the handling of their personal data.
All information provided will be incorporated into a data file under the responsibility of Masia Artesana to process purchase orders, to improve browsing experience and purchase of the products offered by Masia Artesana and to offer them commercial, marketing and promotional information. Upon making an order, the User manifests that they agree to us storing and processing their personal information.
In order to improve their services, Masia Artesana is obliged to supply certain information on their clients (name, address, telephone number, etc.,) to other companies that collaborate in offering services (transport companies, financial entities, etc.). Information supplied is in any case those that are strictly necessary to carry out the activity in question. The User expressly authorizes the use of their personal data for this purpose if required to manage their order.
Finality: collect anonymous information on the number of times a user visits the website, calculate when the session starts and whether to keep it open, register the origin of the visits and other similar statistical data.
Masia Artesana S.L., in fulfilment of article 9 of the LOPD and RD 1720/2007 passed on 21st of December, promises to handle your private and personal information in a confidential manner, only using them for the indicated finalities. User is notified that technical and organizational security measures have been implanted that are necessary to guarantee the security of the said data and to avoid their alteration, loss, unauthorized use and or access, given technological state of the art, the nature of the stored information and the risks they are exposed to, be it from human action or physical or natural.
GOVERNING LAW AND JURISDICTION
The present terms are governed by Spanish Law. Any conflict, doubt, disagreement or divergence will be subject to the courts of Lerida.