This document (together with all the documents mentioned herein) sets forth the conditions governing the use of this website (https://www.misraicesoliveoil.com/) and the purchase of products within the same (hereinafter the "Conditions"). Please carefully read these Terms, our Legal Notice, Privacy Policy and Cookie Policy before using this website. By using this website or placing an order through it you agree to be bound by these Terms and by our Privacy Policy, so if you do not agree with all Conditions you should not use this website.

These conditions might be modified. It is your responsibility to read them periodically, as the conditions prevailing at the time of conclusion of each Contract (as it is defined below) or, failing this, at the time of use of the website, shall apply.

If you have any questions regarding these Terms or the Data Protection Policy you can contact us by means of our contact form.

  1. OUR DATA
  • FISCAL IDENTIFICATION CODE: ES-B66745191
  • TRADENAME: Albarizas Olive Oil S.L.
  • OFFICES: Carrer Rambleta del Pare Alegre 47B, Terrassa, 08224, Barcelona, España
  • PHONE: 0034 616 89 92 91
  • CONTACT EMAIL: victor@misraciesoliveoil.com

The sale of items through this website is performed under the name Albarizas Olive Oil S.L., Spanish company with corporate domicile at Carrer Rambleta del Pare Alegre 47 B, 08224 Terrassa, (Barcelona), registered with the Commercial Register of Barcelona, with the following data Volume 45375 y Sheet 105.

  1. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

Information or personal data provided about you shall be processed in accordance with the provisions of this Privacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data provided to us are true and correspond to reality.

  1. USE OF OUR WEBSITE

By using this website and place orders through it you are engaged to:

  1. Make use of this website only to make legal and valid inquiries or orders.
  2. Not make any false or fraudulent orders. If it could reasonably be considered that a request of this nature has been made we shall be entitled to cancel the order and inform the relevant authorities.
  3. Give us your email address, mailing address and/or other contact details truthfully and accurately. Likewise, you agree that we may use this information to contact you if necessary.

If you do not provide us with all the information we need, we can not be able to complete your order. By placing an order through this website, you declare to be over 18 and to have legal capacity to enter into contracts.

  1. SERVICE AVAILABILITY

The items offered through this website are only available for shipment to Spanish territory and the European Unión countries that you can see in the website.

  1. HOW TO FORMALISE THE CONTRACT

To place an order, you should follow the online purchasing procedure. After this, you shall receive an email acknowledging receipt of your order (the "Order Confirmation"). The contract for the purchase of a product between you and us (the "Contract") shall only be formalized when we send the "Order Confirmation".

  1. PRODUCT AVAILABILITY

All product orders are subject to the availability of the products. In this sense, if difficulties come up in the supply of products or if there are no items in stock, we do reserve the right to provide information about replacing products of equal or higher quality and value that you shall be able to order. If you do not wish to order such substitute products, we will refund any amount that you would have paid.

  1. DELIVERY

Notwithstanding the provisions in clause 7 above regarding the availability of products and unless extraordinary circumstances occur, we will try to send the order related to the product/s before the delivery date set out in the Order Confirmation in question or, if no delivery date is specified, within the estimated period specified by selecting the shipping method and, in any case, within a maximum term of 10 days from the date of the Order Confirmation.

However, delays may occur for reasons such as the occurrence of unforeseen circumstances or the delivery area.

If for some reason we can not meet the delivery date, we shall inform you of this fact and shall give you the option to go ahead with the purchase establishing a new delivery date or to cancel the order with full refund of the price paid. Please note that, in any case, we do not carry out home deliveries on Saturdays or Sundays.

For the purposes of these Conditions, it shall be understood that the "delivery" has been carried out or the order has been "delivered" at the time in which you or a third party indicated by you acquires physical possession of the goods or services, which shall be evidenced by the signing of the order receipt at the delivery address duly agreed.

  1. IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, we will try to find a safe place to leave it. If we can not find a safe place, your order will be returned to our warehouse. Likewise, we shall leave a note explaining where your order is and how to make to have it sent again. If you are not going to be in the place of delivery at the agreed time, please contact us in order we may arrange the delivery for another day.

Should 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we shall assume you want to cancel the Contract and we shall deem it terminated. As a result of the termination, we will refund all payments received from you, including delivery charges (with the exception of the additional costs resulting from the choice on your part of a mode of delivery other than the least expensive mode of ordinary delivery that we offer) without undue delay and, in any case, within a maximum term of 15 days from the date we deem the contract terminated.

Please note that transport derived from the termination of the Contract may have an additional cost, so we shall be entitled to pass through corresponding costs.

  1. TRANSFER OF RISK AND OWNERSHIP

The risks of the products shall be at your charge from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in connection therewith, including shipping costs, or at the time of delivery (according to the definition specified in clause 9 above), if it did take place at a later time.

  1. PRICE AND PAYMENT

The price of the products or services shall be fixed at any time on our website, except in case of manifest error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. Should we discover an error in the price of any of the products or services you have ordered, we shall inform you as soon as possible and shall give you the option of reconfirming your order at the correct price or just canceling it. Should we are unable to contact you, the order shall be canceled and you will receive a full refund on amounts having been paid.

We are not obliged to supply any product at the incorrect lower price (even if we have already sent the Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as an incorrect price.

Prices on website include VAT but exclude shipping costs, which shall be added to the total amount due as set out in our "Shipping Costs".

Prices may change at any time, but (except as set out above) changes will not affect orders in respect of which we have already sent an Order Confirmation.

Once you have selected all the items you want to buy, they will have been added to your basket and the next step shall be to process the order and make payment. To do this, you shall follow the steps of the buying process, by filling in or checking the information which is requested in each step. Likewise, during the buying process, before payment, you shall be able to modify your order data. Furthermore, if you are a registered user, you shall have a detail of all orders placed in the section My Account.

You shall be able to use as payment means Visa card, Mastercard, AMEX, Maestro, Jcb and PayPal.

Credit cards shall be subject to validation checks and authorization given by their corresponding issuing institutions, but should the issuing entity fails to authorize payment, we shall not be responsible for any delay or non-delivery and we shall not be entitled to enter into a Contract with you.

Collection, storage and transmission of personal information through the website is carried out in an encrypted mode, by using the SSL security protocol, an encryption system that confers total security in data transmission.

  1. BUY AS A GUEST

This website also allows the purchase through purchase functionality as a guest. In this type of purchase, you are requested only the data that are essential to process your order. Once the purchase process is completed, you will be offered the opportunity to register as a user or to continue as unregistered user.

  1. TAX ON ADDED VALUE

In accordance with Article 68 of Spanish Law 37/1992 of 28 December, related to the tax on value added, delivery of products or services shall be deemed located in the territory of application of Spanish VAT if the delivery address is located within Spanish territory except from Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that being legally in force at any time depending on the particular item in question.

In orders addressed to Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to Article 21 of Spanish Law 37/1992, without prejudice to the application of taxes and custom duties pursuant to current regulations in each of these territories.

  1. REFUNDING POLICY

14.1 Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you shall be entitled to withdraw from this Contract within a term of 14 calendar days without any reason.

The withdrawal term shall expire after the 14 calendar days from the date on which you or a third party indicated by you, other than the carrier, had acquired the physical possession of the goods or if the goods that make up your order are delivered separately, after the 14 calendar days from the date on which you or a third party indicated by you, other than the carrier, had acquired the material possession of the last good.

In order to exercise the right of withdrawal, you shall notify to Albarizas Olive Oil S.L., to the address Carrer Rambleta del Pare Alegre 47 B, 08224 Terrassa, (Barcelona), by telephone 616899291, by sending an email to victor@misraicesoliveoil.com or through our contact form, your decision to withdraw from the Contract through an unequivocal statement (eg a letter sent by mail or email). You shall be entitled to use the model withdrawal form annexed to these Conditions, although its use is not mandatory.

In order to meet the withdrawal term, the communication concerning the exercise on your part of this right to be sent before the expiry of the corresponding deadline shall be sufficient.

Consequences of withdrawal

In case of withdrawal on your part, we shall refund all payments received from you, including delivery charges (with the exception of the additional costs resulting from the choice on your part of a delivery mode other than the least expensive mode of ordinary delivery that we offer) without undue delay and in any case not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this Contract. We shall proceed to effectuate such reimbursement by using the same means of payment being used by you for the initial transaction. No fees shall be incurred as a result of reimbursement. Notwithstanding the foregoing, we shall be entitled to withhold reimbursement until we have received the goods back or until you have supplied evidence of the return thereof, depending on what condition is met in first place.

You should restore or directly deliver the products or services within a maximum period of 14 calendar days from the date on which we are communicated your decision of withdrawing from the Contract. The deadline shall be deemed met if you send the goods back before the term has ended. You should bear the direct cost of returning the goods.

You shall only be responsible for the diminished value of the goods resulting from a handling different from that being necessary to establish the nature, features and functioning of the goods.

14.2 Common Provisions

Your right to withdraw from the Contract shall apply exclusively to those products that are returned in the same condition you received them. There will be no refund if the product has been used beyond the mere opening thereof, if products are not in the same condition in which they were delivered or that may have been damaged, so you should be careful with the product/s while they are under your possession. Please return the item by using or including all original packaging, instructions and other documents where appropriate accompanying. In any case, you shall submit together with the product to be returned the ticket that you received at the time of delivery of the product duly filled in.

You shall be entitled to make returns for free when the product is damaged because of the transportation company.

In the event that you do not wish to return products through some of the free options available, you shall be responsible for returning costs. Please note that if you decide to return the goods freight collect, we shall be entitled to charge you the expenses that may be incurred.

After examining the item we shall communicate whether you are entitled to reimbursement of the amounts paid. Reimbursement of shipping costs shall only take place if the right of withdrawal is exercised within the legal deadline and all items that make up the order in question are returned. Reimbursement shall be made as soon as possible and, in any event, within 14 days from the date on which you informed us about your willing to withdraw. However, we shall be entitled to withhold reimbursement until we have received the goods back or until you have provided evidence of the return of the good, whichever condition is met first. The refund shall always be made by the same payment method used by you to pay for the purchase.

You shall assume the cost and risk of returning the products, as above mentioned. If you have any further questions, you can contact us through our contact form or by calling 616899291.

14.3 Return of defective products

In the event that you may consider that at the time of delivery the product does not comply with the terms of the contract, you should contact us immediately via our contact form by giving us the details of the product as well as its damage, or by telephoning the number 616899291 where we will tell you how to proceed.

We shall proceed to carefully examine the returned product and shall notify you by e-mail within a reasonable term if refund applies or if replacement thereof may apply (if any). The refund or replacement of the item shall be made as soon as possible and in any event within 14 days after the date on which we sent you an email confirming that appropriate reimbursement or replacement of nonconforming item shall apply.

The amounts paid for those products that are returned because of some defect or flaw, when it actually exists, will be refunded in full, including delivery costs incurred to deliver the item and the costs you incurred to return it back to us. The reimbursement shall be made by the same method of payment used to pay for the purchase. Notwithstanding, in any event, the rights recognized by law.

  1. LIABILITY AND EXEMPTION OF LIABILITY

Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased through our website is strictly limited to the purchase price of said product.

Notwithstanding the above said, our liability is not excluded or limited in the following cases:

  1. In case of death or personal injury caused by our negligence;
  2. In case of fraud or fraudulent misrepresentation; or
  3. In any case in which it could be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent which is legally permitted, and unless otherwise provided in these Conditions, we shall not accept any liability for the following losses, regardless of their origin:

  1. loss of income or sales;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data; and
  6. loss of management time or office hours

Due to the open nature of this website and the possibility of producing some errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless it is set forth otherwise expressly therein.

All descriptions of products, information and materials on this website are provided "as a certain body" without express or implied guarantees on them except for those legally set forth. In this sense, if you subscribe as a consumer and user, we are obliged to deliver goods which comply with the Contract, and we shall respond against you for any lack of conformity that may exist at the time of delivery of the product. It is understood that products comply with the Contract provided that (i) they comply with the description given by us and possess the qualities that we presented on this website, (ii) they fit for the purposes for which the products of the same type are intended and (iii) they present the quality and usual features of a product of the same type that are reasonably expected.

To the extent permitted by law, we exclude all guarantees, except those that may not lawfully be excluded against consumers and users.

The provisions of this clause shall not affect your rights as a consumer and user, nor your right to cancel or withdraw the Contract.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and any other intellectual property rights on material or content supplied as part of the website correspond in any event to us or to our licensors for use. You shall be entitled to use this material only in the way they are expressly authorized by us or our licensors for use. This does not prevent you from using this website to the extent which is necessary to copy the information on your order or Contract details.

  1. VIRUS, PIRACY AND OTHER COMPUTER ATTACKS

You shall not make an improper use of this website by the deliberate introduction into the same of viruses, trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not try to have unauthorized access to this website, the server on which that page is hosted or any server, computer or database related to our website. You are engaged not to attack this website through a denial-of-service attack or a distributed denial of service attack.

Breach of this clause may entail the commission of offenses defined by applicable law regulations. We shall report on any breach of said regulations to the competent authorities and we shall cooperate with them in order to discover the identity of the attacker or hacker. Likewise, in case of breach of this clause, you shall be ceased immediately from being authorized to use this website.

We shall not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other software or technologically damaging or harmful material that may affect your computer, computer equipment, data or materials resulting from the use of this website or from downloading contents thereof or those to which this website ay readdress.

  1. LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only, without us having any control over the content of such web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.

  1. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to be in writing. By using this website, you agree that most of these communications between us are made by electronic means. We shall contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we may send electronically comply with the legal requirements of being in writing. This condition shall not affect your rights recognized by law.

  1. NOTIFICATIONS

Notifications that you send us shall be given preferably through our contact form. Under the provisions of clause 19 above and except for otherwise set forth thereby, we shall be entitled to send communications either by e-mail or to the postal address provided by you when placing an order.

It shall be deemed that the notifications have been received and have been properly made at the same moment they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been duly made, it shall be sufficient to prove, in the case of a letter that it had the right address, was duly sealed and was properly delivered at the post office or in a mailbox, and in the case of an email, that it was sent to the email address specified by the receiver.

  1. ASSIGNMENT OF RIGHTS AND LIABILITIES

The Contract is binding on you and us and our respective successors and assignees.

You shall not transfer, assign, encumber or otherwise have disposal on a Contract or any rights or obligations arising under it, without our prior written consent.

We shall be entitled to transfer, assign, charge, sub-contract or otherwise have disposal on a Contract or any rights or obligations arising under it, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers shall not affect the rights, if any, that you as a consumer, have recognized by law nor shall cancel, reduce or limit in any way the guarantees, being express or implied, which we had been able to grant.

  1. CIRCUMSTANCES BEYOND OUR CONTROL

We shall not be liable for any failure or delay in fulfilling any of our obligations under a contract whose cause comes from any events beyond our reasonable control ("Force Majeure").

Force Majeure Event shall include any act, event, lack of exercise, omission or accident that might be beyond our reasonable control and among others, the following:

  1. Strikes, lockouts or any other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
  4. Inability to use trains, ships, aircraft, motor transport or any other means of public or private transport.
  5. Inability to use public or private telecommunication systems.
  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  7. Strike, failure or accidents of maritime or river transport, postal or any other type of carriage.

It shall be deemed that our obligations under the Contract will be suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will use our reasonable means in order to end the Force Majeure Event or to find a solution that allows us to comply with our obligations by virtue of the Contract despite the Force Majeure Event.

  1. WAIVER

The fact that we do not require you to strictly comply with any of the obligations assumed by you by virtue of this Contract or these Conditions or we do not exercise the rights or actions that could match us under this Contract or these Terms and Conditions shall not constitute a waiver or limitation in relation to those rights or actions and shall not exonerate you from complying with such obligations.

No waiver by us of a specific right or action shall constitute a waiver of any other rights or actions under this Contract or these Terms and Conditions.

No waiver by us of any of these Terms and Conditions or any of the rights or actions arising from this Contract shall have effect, unless expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the provisions of Notifications previous section.

  1. PARTIAL NULLITY

If any of these Conditions or any provision of a Contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in effect and force without being affected by the declaration of nullity.

  1. FULL AGREEMENT

These Terms and Conditions and any document expressly referred to herein do represent the entire agreement between you and us relating to the subject thereof and supersede any other agreement, arrangement or earlier promise agreed verbally or written between you and us.

You and us do acknowledge to have consented to the conclusion of this Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written doc in the negotiations existing between the two of us prior to this Contract, except for that which is explicitly mentioned in these Conditions.

Neither you nor we will have action against any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only action that will have the other party shall be because of a breach of contract in accordance with the provisions of these Conditions.

  1. OUR RIGHT TO MODIFY THESE CONDITIONS

We shall have the right to review and amend these Terms at any time.

You will be subject to the policies and Conditions in force at the time you use this website or order products, unless by law or decision from governmental bodies we should make changes retroactively to those policies, Terms or Privacy Statement, in which case, changes shall apply to orders you had previously made.

  1. APPLICABLE LAW AND JURISDICTION

The use of our website and purchase contracts on products through said website shall be governed by Spanish law.

Any dispute arising out of or relating to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of Spanish courts.

If you are entering into as a consumer, nothing in this clause shall affect the rights recognized as such by the current legislation.

  1. COMMENTS AND SUGGESTIONS

Your comments and suggestions shall be very welcomed. Please send all feedback and suggestions through our contact form.

In addition, we have official complaint forms available to consumers and users. You can ask for them by calling to 616899291 or through our contact form.

SCHEDULE: Model of Withdrawal Form

(this form is only to be filled in and sent if you would like to withdraw from the contract)

Attn. of Albarizas Olive Oil S.L.

Hereby I inform you that I withdraw from my sale contract related to the following goods:

Order number:

Consumer Name:

Consumer Address:

Consumer Signature (only if this form is notified on paper)

Date: