LEGAL NOTICE AND GENERAL CONDITIONS OF CONTRACT
1. Scope of application.
The purpose of this document is to establish and regulate the rules of use of the Site https://www.sierradejabugo.com or https://www.sierradejabugo.es (hereinafter the “Site”), whereby all pages are understood as and its contents owned by Sierra de Jabugo SL (hereinafter “Sierra de Jabugo”) which is accessed through the domain https://www.sierradejabugo.com or https://www.sierradejabugo.es and its subdomains, as well as the General Contracting Conditions in the sales from our online store.
The use of the Site attributes the condition of User of the same and implies the acceptance of all the conditions included in this Legal Notice. The use of our online store, either as a simple visitor or as a registered member, attributes the status of consumer or user, and acceptance of the General Conditions of Contract. The user undertakes to read carefully this Legal Notice and General Contracting Conditions in each of the occasions in which he intends to use the Site, as these may be modified. All notices can be reviewed at any time by the user through our website.
The user can download these conditions from here. If you want us to send them in another format, request it in the observations section when processing your order.
It will be understood that the follow-up of all the foreseen steps to acquire a product through our online store, as well as your request, implies the full and unreserved adhesion of the user to each and every one of the general conditions published on the website.
These Conditions will be applicable from the beginning of the procedure of online purchase of the product until the receipt of the shipment, as well as the completion of the withdrawal periods and legally established guarantees, as appropriate.
2. Ownership of the Website.
The owner of the present Site is Sierra de Jabugo, S.L, with NIF: B-41900903 and fiscal address in C / Juan de Ledesma 103 – 41006 SEVILLA. Registered in the Mercantile Register of Sevilla in Volume XX.XXX, Sheet X-XXX.XXX, Folio XX, Section X, inscription xxxxxx.
You can contact us at the following phone numbers or e-mail:
Phone: +34 959 122 885
3. Intellectual and industrial property.
The intellectual property rights of this site are the property of Sierra de Jabugo, or of third parties that have authorization when necessary.
The reproduction, distribution, commercialization or transformation, total or partial, unauthorized of the content of the Site, constitutes an infringement of the intellectual property rights of Sierra de Jabugo. Likewise, all brands or distinctive signs of any kind contained in the Site are protected by Law.
The unauthorized use of the information contained in this Site, as well as the damages caused in the intellectual and industrial property rights of Sierra de Jabugo, may give rise to the exercise of legally required actions and, if applicable, to the responsibilities that of said exercise are derived.
In the event that the products of our online store are susceptible to Intellectual Property protection, Sierra de Jabugo guarantees to be authorized to manage the acquisition and collection of the product to the consumer.
4. Exclusion of responsibility.
The content, programs, information and / or advice expressed on this Site should be understood as merely indicative. Sierra de Jabugo, does not respond in any way to the effectiveness or accuracy thereof, being exempt from any contractual or extracontractual liability with the Users that make use of them, since these are the ones that must decide at their discretion the opportunity of the same.
On this Site you can publish content contributed by third parties or companies, Sierra de Jabugo is not responsible for the veracity and accuracy thereof, being exempt from any contractual or extracontractual liability with the Users who make use of them.
Sierra de Jabugo reserves the right to modify the content of the Site without prior notice and without any type of limitation.
Also, declines any responsibility for any damages that may be caused by the lack of availability and / or continuity of this Site and the services offered therein.
Sierra de Jabugo does not guarantee the absence of viruses or other elements on the web that may cause alterations in your computer system. Sierra de Jabugo declines any contractual or extracontractual responsibility with the Users that make use of it and had damages of any nature caused by computer viruses or computer elements of any kind.
Sierra de Jabugo declines any responsibility for the services that could be provided on the Site by third parties.
Sierra de Jabugo declines any responsibility for the services and / or information provided in other Sites linked to it. Sierra de Jabugo does not control or exercise any kind of supervision on third-party websites. We advise Users of them to act with caution and consult the possible legal conditions that are exposed on these websites.
The Users who send any type of information to Sierra de Jabugo undertake that it is true and that it does not violate any right of third parties or the current legislation.
Access to this Site is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by users.
It is expressly forbidden to use the Site for damaging purposes of goods or interests of Sierra de Jabugo or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software ) of Sierra de Jabugo or third parties.
In the event that the User is aware that the linked sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, we would appreciate it if you contact the Sierra de Jabugo.
6. Personal data protection policy.
6.1 Who is RESPONSIBLE FOR TREATMENT?
The data collected or provided voluntarily by means of the Website, either by browsing the same, as well as all those that you can provide us in the contact forms, via email or by phone, will be collected and processed by Sierra de Jabugo, whose data is indicated below:
- Identity: Sierra de Jabugo S.L.
- Mailing address: C / Román Talero nº 14 – 21360 Jabugo – Huelva
- Phone: +34 959 122 885
- Email address: email@example.com
- Information Delegate Data Protection:
If, for any reason, you want to contact us in any matter related to the processing of your personal data or privacy (with our Data Protection Delegate), you can do so through any of the means indicated above.
6.2 What are your RIGHTS in relation to the treatment of your data?
If, for any reason, you want to contact us in any matter related to the processing of your personal data or privacy (with our Data Protection Delegate), you can do so through any of the indicated means.
Any person has the right to obtain information about the existence of the processing of their personal data, access the information and personal data that Sierra de Jabugo has, request the rectification of inaccurate data or, where appropriate, request the deletion, when, between other reasons, the data are no longer necessary for the purposes for which they were collected or the interested party withdraws the consent that has been granted.
In certain cases, the interested party may request the limitation of the processing of their data, in which case, we will only keep them in accordance with current regulations.
In some cases, you can exercise your right to the portability of the data, which will be delivered in an appropriate format, commonly used or read mechanically to you or the new responsible for the treatment you designate.
You have the right to revoke consent at any time for any of the treatments for which you have granted.
Sierra de Jabugo has forms to exercise any of the aforementioned rights, for which you must contact us at the following email address firstname.lastname@example.org, requesting the model you need. In the same way, you can use the ones that the Spanish Data Protection Agency or third parties make available to the interested parties.
These forms must be signed electronically or accompanied by a photocopy of the DNI. If acting through a representative, it must also be accompanied by a copy of your ID or electronic signature.
The forms must be presented in person at the address of Sierra de Jabugo indicated above or, where appropriate, sent by email.
You have the right to file a claim with the Spanish Agency for Data Protection, in the event that you consider that the request for your rights has not been adequately addressed.
The maximum term to resolve for Sierra de Jabugo is one month, counting from the effective receipt of your request by us.
6.3 What Data do we COLLECT through the Website?
6.3.1. Data stored by navigation and use of the Website
For the simple fact of browsing the Website, Sierra de Jabugo will collect information regarding:
- IP adress
- Browser version
- Duration of the visit or navigation through the Website
The information that we handle, will not be related to a specific user and will be stored in our databases, in order to perform statistical analysis, improvements on the Website, on our products and / or services and will help us improve our strategy commercial. The data will not be communicated to third parties.
6.3.2. User registration on the Website
To access certain products and / or services, it is necessary that the user registers on the Website. For this, in the registration form, a series of personal data is requested. The necessary and obligatory data to be provided by the user to carry out such registration, are marked with the symbol *. In the case of not facilitating such fields, registration will not be carried out.
The generated username and password are personal and non-transferable, with the user responsible for their custody. We do not recommend that you write it down somewhere or that you notify it to third parties. Keep in mind that the system has a password reset functionality that can be used as many times as needed.
The process of storing user passwords on our website is an automated process, stored in an encrypted database and without access by the operators of our company. So, for a recovery in case of loss or reset of the same, it can be done by the client or user of our site, at: https://www.pata-negra-ham.com/my-account/
In this case, the navigation data will be associated with the user’s registry, identifying the same user who browses the Website. In this way, customize the offer of products and / or services that, in our opinion, best suits the user, as well as recommend certain products and / or services.
The registration data of each user will be incorporated into the Sierra de Jabugo databases along with the history of operations carried out by it, and will be stored in them while the account of the registered user is not deleted. Once deleted such account, said data will be separated from our databases, keeping them for 10 years those data related to the transactions made, without accessing or altering them, in order to comply with legally valid terms. The data that are not linked to the transactions carried out will be maintained for a period of 7 years, unless you withdraw the consent in which case they will be eliminated immediately.
The legal basis for the processing of your personal data is the execution of a contract between the parties, in which the user requests from Sierra de Jabugo a series of food products such as hams, shoulders, Iberian sausages.
The legal basis for the processing of your data is the execution of a contract consisting of a platform for the online sale of Iberian products, as well as a news blog about the Iberian world and links to our social networks.
In relation to the sending of communications and promotions electronically and the response to requests for information, the legitimation of the treatment is the consent of the affected
The purposes of the treatment will be the following:
- Manage registration in the user registration area and access to the Website.
- Manage the purchase of products and / or services made available to you through the Website.
- Keep you informed of the processing and status of your purchases.
- Respond to your request for information.
Thus, we inform you that you can receive communications via email and / or on your phone, in order to inform you of possible incidents, errors, problems and / or status of your orders.
Your personal data may be provided to third parties, in order to carry out certain procedures and / or services requested by the user:
|Supposed||Third parties to whom the data is communicated or provided|
|In the event of placing an order through the website||
For the sending of commercial communications, the express consent of the user will be requested when making the registration. In this regard, the user may revoke the consent given, by going to Sierra de Jabugo using the means indicated above. In any case, in each commercial communication, you will be given the possibility to unsubscribe when receiving them, either through a link and / or email address.
6.3.3. Data provided in the contact form
You can contact us directly through the “Contact” section provided on the Website. For this, it is necessary for the User to identify himself and indicate his personal data, so that Sierra de Jabugo can contact the user, in case it is necessary to meet his request for information. The necessary and obligatory data to be provided by the user to carry out such registration, are marked with the symbol *. In the case of not facilitating such fields, the sending of your request will not be allowed.
Such personal data will be incorporated into the databases of Sierra de Jabugo, which will keep them to answer your request and / or request for information and, after that, will be eliminated within 3 years.
The legal basis for the treatment of such data is the consent of the user requesting information, or has the need to maintain contact with Sierra de Jabugo
The purposes of the treatment will be the following:
- Manage queries or requests for information that you send us through the Website, email or telephone.
- Send communications, special promotions, news or actions that are of interest to you or request us even by electronic means. When dealing with an accessory purpose to the main one, you must check the box enabled for this purpose.
The personal data that you provide us by this means, will not be communicated to third parties, being Sierra de Jabugo who gives, directly, response to this type of consultations.
On the other hand, it is reported that they can have access to your personal data, only the support companies to the website and the hosting service.
6.4. Social networks
When you become a fan, follower or similar to our company in the different social networks, in the context of this treatment you must take into account that Sierra de Jabugo can only consult or cancel your data in a restricted way when having a specific profile . Any rectification of your data or restriction of information or publications must be made through the configuration of your profile or user in the social network itself. By default you consent:
a) The treatment of your personal data in the environment of said social network and in accordance with its Privacy policies:
- Facebook: https://www.facebook.com/policy.php?ref=pf
- Twitter: https://twitter.com/privacy
- Linkedin: https://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv
- Pinterest: https://about.pinterest.com/en/privacy-policy
- Google and YouTube: https://www.google.com/intl/es/policies/privacy/
b) Sierra de Jabugo access to the data contained in your profile or biography, depending on the configuration you have of your privacy in each network, these will be more or less extensive.
c) That the news published about our events, or our comments may appear on your wall or biography.
d) To receive communications about our products / events.
If you want to stop following us, just click on the option “Stop being a fan” or “stop following”. You can exercise the rights of access, rectification, cancellation and opposition at any time, by writing, addressed to the address above or by sending an e-mail to: email@example.com
7. Sale of goods, shipping and responsibility.
Through the portal https://www.pata-negra-ham.com, consumers or users can purchase products. These are categorized, selecting the product, the available information about it appears on the screen to its characteristics, utilities and price; and one or several descriptive photographs. Before making the contract, the user must check it and assess if it meets their needs. Technical assistance, after-sales services and other commercial guarantees that could assist the customer, if any, may also appear.
Before making the contract, the user must check it and assess if it meets their needs. In addition, the user must be at least 14 years of age, provide the necessary data and accept these Conditions.
The fact that the user completes the order form does not imply the automatic acceptance of the order by Sierra de Jabugo, but it will be understood that he accepts it when an automatic email is sent to him to acknowledge the request.
8. Purchase procedure.
The customer must follow the instructions on the screen and add products to the shopping cart, without any commitment to purchase. You can view the basket or empty it by removing the products. Check the amount of shipping costs, if any or calculate them in en Calculate shipping within the shopping cart. Apply a discount coupon (if available). If you wish to continue with the purchase, you must click on “Finish the purchase”.
Subsequently, if you have not previously supplied them, the client will be asked for your personal information with fields with an asterisk, which are required to make a correct shipment. Prior registration of the client is not necessary.
The customer can check if the data is correct and, if necessary, correct the erroneous ones through the “edit” button.
To complete the purchase process, click on the button “Make the order”, which entails the purchase with obligation to pay. You must accept the purchase on the order button, accepting the conditions, the legal notice and those particular conditions that the purchase of the product (s) entails.
When a sale of a good is formalized, and once the payment has been received and verified, Sierra de Jabugo, and the acceptance of the purchase by email confirmed within 24 hours of the purchase, the product is sent. If the products are not available, you will be informed by email.
If the payment is made by credit card, the payment on the card will be made through virtual TPV of the Caja Rural bank, so you can instantly pay for your order by credit card (Visa and MasterCard) without security risks . The payment is entirely managed by the bank, no employee of Sierra de Jabugo S.L will have access to your private banking information. All commercial transactions are made in a secure server environment under SSL (Secure Socket Layer) protocol, which guarantees the security and privacy of your data.
The contract ends once the property has been delivered, although the guarantees and data are maintained for legal and commercial reasons (if you accepted them).
In no case shall Sierra de Jabugo be liable for any other type of damage, be it effective, indirect, or of any other kind, nor for the loss of profit that the buyer may have suffered due to the problems arising from the sale and shipment of the product.
Sierra de Jabugo will not respond for delays, or inaccurate or erroneous publication when they are a consequence of events or circumstances beyond its control, including, but not limited to, governmental action, fire, flood, insurrection, earthquake, technical failure, hacking, riot, explosion, embargo, legal or illegal strike, shortage of personnel or material, interruption of transportation of any kind, delay in work, or any other circumstance beyond its control.
For any additional information about your order or billing you can contact the Customer Service through the mail account: firstname.lastname@example.org.
9. Delivery terms.
The delivery time will be 24h-72h approx. after placing the order, for those shipments that must be delivered within the Peninsula. In the case of the Balearic Islands, the delivery time will be 48h-96h approx. and from 2 to 7 days for the rest of the countries of the European Union, after placing the order. It can be accessed from any operating system, platform or browser. If you have a problem, contact us.
10. Price, form of payment, and supporting documentation.
The price of the products is defined in Euros, and will be that established in the corresponding pages of the Site for each product, being valid for as long as they remain accessible on the website.
The form of payment of the good will be through credit card or bank transfer.
The applicable taxes are understood to be included in the price of the product.
The shipping costs are separate, and the user must check and accept before placing the order, the costs involved in sending it to your address, as they vary depending on the size and weight of the product or place of destination.
In general, Sierra de Jabugo will send by email the confirmation of receipt of the payment via email.
Sierra de Jabugo, S. L. produces high quality Iberian products. However, if you or the beneficiary of your gift detects that the product is defective, we will replace the piece (in no case the money).
For this, the piece will have to keep the seals that accompany it around the cane, next to the hoof, so it is recommended not to cut them when starting it, and its original packaging.
The notification of the incident must be made within a period no longer than 14 days from delivery.
And it must not have consumed more than 15% of the weight of the piece (which will be detailed in the corresponding delivery note).
It is accepted as a valid reason for the change, that the piece has stings, coke …, that is, a hygienic-sanitary defect, so its use for health is not recommended.
We can not accept changes due to appreciations of taste, quantity of bacon, salt or practically consumed pieces.
To exercise the change, in all cases, contact us first by the method that is most comfortable. After checking the details of your order we send you to send the piece and we will check your claim and if applicable we will replenish the piece and the shipping costs automatically (up to the limit of what was paid in the basket of the purchase). Returns that are not carriage paid are not accepted.
In case we do not consider the legitimate claim, we proceed to return the piece to the client, paying the cost of transportation in the round trip shipments. If after 7 days from the communication to the client of the non-acceptance of the claim, we do not obtain a response, we proceed to get rid of the remains of the piece.
In the event that the Sierra de Jabugo alleges that a form causes a disproportionate damage and with consumer agreement, they may choose the one they agree with.
12. Obligations of the user.
Any commercial use of the products with a registered trademark is expressly prohibited, unless expressly authorized by Sierra de Jabugo, or by the owner of the trademark registration.
The user agrees to pay the price of the product and make use of it in accordance with the law and these general conditions.
The user undertakes to maintain the confidentiality of his password and to notify us, immediately, of his suspicion of any unauthorized use of his account or access to his password.
The user undertakes not to use the account, username or password of another User.
IMPORTANT. When the order is delivered, please check the appearance of the package:
- If it is open or it seems to have been opened.
- If it has been repacked by the carrier (conveyor’s tape, rubber bands …).
- If it is deformed or damaged.
Before any of these cases described, you must verify the contents of the package in the presence of the dealer, before signing the delivery note or any other document. If the dealer refuses to carry out this check or if he finds that products are missing or damaged, DO NOT accept the order.
If you accept the package, we can not make any claim to the carrier assuming in this case you the compliance of the shipment in its entirety.
If the merchandise is received by someone other than the one making the order, please indicate on the carrier’s document the message “PENDING TO REVIEW”.
Please contact the Customer Service Department, by e-mail or by phone, to inform us of any problem that may have occurred with your order within 24 hours after receiving it.
13. Obligations of Sierra de Jabugo.
It undertakes to make available to the user the necessary information related to the product and once the purchase has been made, to send a check via email, which states the receipt of the order placed, and the confirmation of payment.
It undertakes to have the necessary spare parts for the product, or to request them from the manufacturer, for 5 years from the completion of manufacture.
Also, prepare a delivery note or an invoice that will provide the consumer with your order.
If you are not satisfied with the products purchased in our online store, you have the right to cancel the contract by returning your purchases, in accordance with the provisions of the following paragraphs.
The withdrawal period will expire 14 calendar days from the day you or a third party indicated by you, other than the carrier, received the good.
The right of withdrawal will not be applicable for the articles listed below:
- Sealing goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed (keep the seals that accompany it around the cane, next to the hoof, so it is recommended not to cut them when starting it) after delivery.
- Goods that after their delivery and taking into account their nature have been mixed indissociably with other goods.
Once the product is received, we will pay you the main amount or change of the product for a similar one as well as the shipping costs that you paid at the time, however, the shipping costs originated by the return will be from your account.
The consumer will be responsible for the decrease in the value of the goods resulting from their manipulation other than that necessary to establish their nature, characteristics or operation.
The consumer must communicate their willingness to desist by any means admissible in law: by calling +34 959122885, an email to email@example.com, or a letter to the address that is included in these conditions, as well as proceed to the return of the product by postal package, running with the expenses of said return. The mere fact of returning the package to the address will be enough to consider exercising said right: C / Román Talero nº 14 – 21360 Jabugo – Huelva (Spain).
However we provide you with a withdrawal form at the end of this point, whose use is not mandatory.
Once received the return communication (if applicable) and the product subject to return, Sierra de Jabugo will proceed to return within a maximum period of 14 days the amounts of money paid by the user, including taxes and shipping, without make a discount or any penalty. The refund will be made by the same means by which you paid, unless you indicate otherwise.
The user will only have to reimburse an amount for the decrease in the value of the good, which is a consequence of its use in disagreement with the agreed or the characteristics of the good, for imprudent damages caused by not following the instructions of maintenance of the good, or for malicious damages .
In the event that the return is due to defects in the product, the legal rights and guarantees on defective products are applied in accordance with the provisions of the applicable legislation, and the company will bear the shipping costs.
The Right of withdrawal is valid only for consumers, including legal entities and entities without legal personality acting non-profit in a field outside a commercial or business activity. The merchants or businessmen who acquire products in the framework of a commercial or business activity will not be able to accept the right of withdrawal.
The user will be absolutely responsible for the use made of the product purchased, and exonerates Sierra de Jabugo from liability arising from any damage that could cause any incorrect use of that product. In particular, he will be responsible for:
- All those acts that contravene the provisions of these general conditions, the law, morality, generally accepted customs and public order.
- Any act performed in a manner different from what is stated in the instructions or instructions on the operation and use of the product.
- The accuracy, accuracy, validity and timeliness of the data with which you fill in each of the forms that Sierra de Jabugo requires on the website.
- The direct or indirect damages that have been caused by any third party if the user lost, revealed, neglected or, in any way, let a third party know for imputable causes their personal data necessary for the contracting of the product.
16. Faculty of refusal of the order.
Sierra de Jabugo reserves the right to exclude or not allow the acquisition of the product, when it considers that current regulations, general conditions, morality, generally accepted customs, public order, are violated when a third party is injured, or when, for reasons derived from the image and reputation of the Sierra de Jabugo website, it does not consider it appropriate. In this case, if the payment had been made, it will be returned.
17. Information and modification.
Sierra de Jabugo guarantees that it has exposed the present general conditions to the generality of the possible interested parties, in a previous date that they could contract the products, thus complying with the previous information period. The user can consult at any time these General Conditions through our website.
The temporary validity of this condition coincides with the time of its exposure, until such time as the terms and conditions herein stipulated are totally or partially modified unilaterally, and the user is obliged to consult our General Conditions of Contract each time he accesses our online store
If any clause is declared null, it will be deemed not to have been made without affecting the rest of the conditions.
18. Assignment and subrogation.
Sierra de Jabugo may contract service providers, and collaborate or assign the contracts formalized to third parties, to carry out the supply of all or part of the products to which it is committed by virtue of the different operations that are being formalized.
19. Termination and resolution.
This contract will be terminated when both parties comply with the obligations to which they are committed in the same or when it is resolved by any of them if any of the causes foreseen for the resolution, or if the counterpart seriously breaches any of the obligations established in the contract.
Notifications must be sent by any reliable means to the following address: Sierra de Jabugo, S.L. in C / Román Talero nº 14 – 21360 Jabugo – Huelva (Spain).
21. Applicable law, jurisdiction and validity.
Sierra de Jabugo informs you that this Legal Notice and the General Conditions of Contract are governed in each and every one of its extremes by Spanish legislation. This contract is established in Spanish.
When the consumer enjoys protection regulations, they can claim or sue from the jurisdiction of their domicile.
Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals competent in the home of Sierra de Jabugo, in Jabugo – Huelva (Spain), in the following cases:
That the buyer is domiciled outside the European Union and in that country there is no bilateral or multilateral agreement with Spain that prevents the possibility of establishing the express submission of the jurisdiction.
If it is a sale carried out by a company that acts within the framework of its business or professional activity.
22. Contact us.
If you have any questions about these conditions, or if you would like to make any suggestion or recommendation, please contact us at the following email address: firstname.lastname@example.org.
23. Resolution of Online Disputes.
According to the provisions of the EU Regulation 524/2013 on online dispute resolution in consumer matters (ODR – Online Dispute Resolution), we inform you that as a consumer, you have at your disposal a procedure to resolve the various lawsuits arising from the sale online of goods and services in the EU.
The EU’s online RLL (online dispute resolution) platform is available to you: http://ec.europa.eu/consumers/odr/
You can find more information at the following link: http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32013R0524