1.IDENTIFICATION
These general terms and conditions apply to all commercial transactions conducted in our virtual shop, www.pasteleriaalvarez.com, a domain operated by Pastelería Álvarez Ltd. (hereinafter Pastelería Álvarez), a company legally constituted in Spain (TIN: B90045196), with registered office at Ind Est. La Cañada St. Aristóteles 1 y 3, 41439 Cañada Rosal (Seville) and registered in the Mercantile Registry of Seville.
2.ACTIVITY
The website www.pasteleriaalvarez.com is dedicated to the creation and sale of artisan gastronomic products by Pastelería Álvarez.
3. CONTENT AND INFORMATION PROVIDED ON THIS WEBSITE
Pastelería Álvarez has the right to change the commercial offer provided on the website at any moment (including changes to products, pricing, promotions, and other commercial and service conditions).
The photos on this website are not contractual, and the products depicted may vary in shape, size, or colour without prior notice. However, we will always try to notify our customers as much as possible.
Pastelería Álvarez makes every effort to guarantee that the material on this website is correct and free of typographical errors. If a mistake of this nature occurs at any moment, outside Pastelería Álvarez’s control, it will be remedied promptly. If there is a typographical error in any of the pricing displayed and a customer has made a purchase choice based on this error, Pastelería Álvarez will notify the customer of the error, and the client will have the option to cancel the purchase at no cost to them.
The contents of the website www.pasteleriaalvarez.com may include preliminary information on some products from time to time. If the information provided does not match the features of the products, the customer has the right to cancel the purchase without incurring any costs.
All the products offered on our website include the retail price (VAT included) in mainland Spain. Prices, measurements, and references are validated annually and updated as accurately as possible, except for typographical errors or VAT changes.
The product presentation is based on a categorization criterion employing catalogues grouping categories, personality, and product modelling.
4. SELLING SYSTEM. ORDER:
To make a purchase, the user must first register on the website www.pasteleriaalvarez.com and then place the desired product in the “shopping cart” option.
The prices listed on the website www.pasteleriaalvarez.com include Value Added Tax (VAT), which may be payable in some cases.
5. FORM OF PAYMENT:
When placing your order, you have the option of paying with a credit or debit card or by bank transfer. When you make a payment, Pastelería Álvarez confirms your order. Banks and financial organizations ensure that all payment alternatives are totally safe. Pastelería Álvarez will not save the buyer’s bank details under any circumstances.
An order will not be completed until payment is validated; therefore, it will not be issued until the account is really credited in the event of a transfer.
6. FORM, COSTS AND DELIVERY TIME:
To which address are orders delivered? Orders will be sent to the address you specify at the time of ordering; thus, Pastelería Álvarez accepts no responsibility if delivery cannot be performed because the data supplied is incorrect, imprecise, or incorrect.
Pastelería Álvarez retains the right to make a second delivery if the recipient’s delivery address is missing. If the carrier cannot deliver the products for whatever reason, Pastelería Álvarez will coordinate communication between the carrier and the client, and both parties will agree on the delivery date.
Shipping method:
Pastelería Álvarez delivers its products throughout the Iberian Peninsula.
It should be noted that the costs are determined per shipment rather than per order.
According to current legislation, if we fail to perform the contract due to the unavailability of the product or service ordered, we must notify the consumer of this unavailability. We commit to solve the issue as soon as possible.
7. WARRANTY:
Pastelería Álvarez is responsible for the guarantees legally required by current legislation.
For a period of 24 months, all products are guaranteed against manufacturing defects. This warranty covers postage, materials, and labour, but according to consumer products guarantee legislation, the product’s inherent features, which are typical of its nature, as well as damages caused by misuse, are not covered.
This warranty does not cover problems caused by negligence, dents, misuse, or tampering, or materials susceptible to regular wear and tear.
La garantía perderá su valor:
- If any information on the order or the proof of purchase is modified, altered, or replaced.
It is necessary to present the proof of purchase to use the warranty.
8. CHANGES:
In incorrect delivery, Pastelería Álvarez will resend the order, assuming responsibility for the shipping costs.
If you get a product that has been damaged during transportation, you must file a claim with the transport company AS SOON AS POSSIBLE. You will then need to contact us either by email or phone to advise you of the actions to be taken.
In case of defective products, Pastelería Álvarez will replace them while covering the shipping costs, provided that the following conditions are met:
If products come damaged due to transport defects, with clear and visible dents or breakages, the client must email to info@pasteleriaalvarez.com within 24 hours of receipt, specifying the order number and attaching photos proving the defect. Pastelería Álvarez retains the right not to exchange the article if these deadlines are not met.
To make your exchange, please send an email to info@pasteleriaalvarez.com. Only in the case of incorrect delivery or faulty products will shipping costs be refunded.
There are certain caveats to exchanging goods.
- products that have been made or manufactured specifically and custom-made.
- products for which a personalised inscription has been made.
9. WITHDRAWAL AND RETURNS:
If the client withdraws from the purchase and returns the product, Pastelería Álvarez provides the customer a period of 14 calendar days from the date of receipt of the product to exercise their right of return, without giving any explanation. As long as the product is still in its original packaging, it will be returned. Cancellations or withdrawals can be sent through email to info@pasteleriaalvarez.com, with notification of receipt via email, or by submitting a written communication by post to Pastelería Álvarez, with address at Ind Est La Cañada - St. Aristóteles 1 y 3, 41439 Cañada Rosal (Seville).
There are certain caveats to returning branded goods:
- products that have been made or manufactured specifically and custom-made.
- products for which a personalised inscription has been made.
We will collect the goods from the address you specify, or you may send them to the address listed at the beginning of this section.
Model for exercising the right to withdraw:
For the attention of Pastelería Álvarez, Ind Est. La Cañada - St. Aristóteles 1 y 3, 41439 Cañada Rosal (Seville) with email address info@pasteleriaalvarez.com:
I hereby inform you that I withdraw from my sales contract for the following item (please state the product or product reference).
- Order received on (indicate date of receipt):
- Name of consumer:
- Address of the consumer:
- Consumer and user signatures (only if this form is submitted on paper)
- Date
The use of this form is not required to exercise your right of withdrawal.
In the following circumstances, the customer has the right to return the products free of charge:
The order does not match the products delivered.
The products are in poor condition.
10. OBLIGATIONS OF THE BUYER:
Customers of Pastelería Álvarez agree to give truthful information regarding the data asked in the user registration or order forms at all times and to maintain this information up to date.
The customer agrees to accept all of the provisions and conditions set out in these General Conditions of Contract to assume that they represent the best possible service for the kind of activity performed by Pastelería Álvarez.
The customer agrees to allow the requested order to be delivered by giving a delivery address where the requested order may be delivered during normal delivery hours. If the customer fails to comply with this obligation, Pastelería Álvarez will not be liable for the delay or difficulty of delivering the order requested by the client.
11. SECURITY AND CONFIDENTIALITY:
Pastelería Álvarez ensures the security and confidentiality of all customer communications. All online payment transactions are processed through a secure server based on the SSL standard, which protects the data from unauthorised access by third parties. The data from the purchase is stored in a database specifically designed for this purpose.
Pastelería Álvarez assures the security and confidentiality of personal domiciliary, payment, and any other sort of data provided by our customers in compliance with the terms of Organic Law 15/1999, of December 13, on the Protection of Personal Data.
All data given by our customers to Pastelería Álvarez or its staff will be included in an automated personal data file created and managed by Pastelería Álvarez. Under the provisions of Organic Law 15/1999, of December 13, Pastelería Álvarez customers may exercise their rights of access, correction, cancellation, and opposition to their personal data at any time by writing to Ind Est La Cañada - St. Aristóteles 1 y 3, 41439 Cañada Rosal (Seville). If the data given is associated with a purchase, Spanish legislation obliges us to preserve them for at least five years. Thus, they cannot be removed or rectified even if the customer so requests.
Please check our Legal Notice for additional details on the processing of your personal data.
12. APPLICABLE LAW AND COMPETENT JURISDICTION:
All sales and purchases made with Pastelería Álvarez are governed by Spanish law.
In the event of a conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Judges that shall hear the matter, where applicable, shall be those provided for in the applicable legal regulations regarding competent jurisdiction, in which, in the case of customers, the place of performance of the obligation or the purchasing party's residence should be considered.
If the purchaser is not a resident of Spain, both parties agree to submit to the Courts and Judges of the province of Seville, specifically waiving any other jurisdiction (Spain).
The European Online Dispute Resolution platform.
Under Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013:
Here is the link to the European Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN
