Terms and Conditions Shop
Updated 06/08/2021
Version: 1
In compliance with the duty of information contained in Article 10 of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, we inform you that the Web Site https://rocambolesc.com (hereinafter, the "Web") is owned by JOROFON, S.L. (hereinafter ROCAMBOLESC), with registered office in C/. Can Sunyer, 46 de 17007 GIRONA (Girona – Spain), with NIF B-17412834.
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CONDITIONS OF USE
These Conditions describe the terms applicable to the services and content offered through the website https://rocambolesc.com and regulate the legal relationship between JOROFON, S.L. and the customer.
The access to the web is free and gratuitous, the use of the Web supposes the acceptance without reserves of the totality of the Conditions of Use. If you are not in agreement with these conditions you must abstain from using this page.
The visit to the e-commerce site by the user must be made responsibly and in accordance with current law, good faith, these Conditions and respecting intellectual property rights owned by ROCAMBOLESC or any other natural or legal persons.
The use of any of the contents of the website for purposes that are or could be illicit is strictly prohibited, as well as the performance of any action that causes or may cause damage or alterations of any kind not consented by ROCAMBOLESC, to the e-commerce site or its contents.
The website and the products, courses and services offered by JOROFON, S.L. is intended for persons of legal age with sufficient legal capacity to be bound by these Terms of Use. It is possible that the use of certain services or the contracting of certain goods or services is subject to special complementary conditions that require express consent and that will prevail in any case over the present general conditions.
VISIT THE WEBSITE
Without the need to register or make any purchase, ROCAMBOLESC invites you to take a virtual tour of our website to get to know our products and services.
PURCHASE AND/OR CONTRACTING PROCESSES
You can browse the website until you find the desired article. Once located, clicking on it will access all the detailed information offered by the website. From here you can add the item to your purchase.
If you are placing an order for the first time with us, you will be asked to register by entering your email address and a password with which you can create and access your account. In order to complete the registration, a series of personal data must be provided, which must be true and accurate. You can consult our privacy policy at the following link: https://rocambolesc.com/es/politica-de-privacidad.
In the case of a registered user with an active account, you must enter your e-mail and password and the system will recognize your data.
Once you are in your account you can continue your purchase and finally confirm the order where you will be told the total price of the same, including VAT and shipping cost.
If you do not want to place any other order, you must press the "CONTINUE" button to access the last screen to complete the payment procedure using the "PAY" button to validate it and access the corresponding payment gateway and make the payment.
Within a maximum period of 24 hours from receipt of acceptance, you will receive confirmation of the order by e-mail to the e-mail address you have indicated.
It is also recommended that the customer print and / or keep a durable copy of the conditions of sale when placing their order, as well as the receipt sent by ROCAMBOLESC by email.
You must also bear in mind that you can modify your personal data at any time, as well as exercise your rights of access, rectification, deletion, limitation and opposition in accordance with LO 3/2018 of 5 December, Data Protection and Guarantee of Digital Rights (LOPDGDD) and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
METHOD OF PAYMENT
The purchase of services or products through ROCAMBOLESC allows the following forms of payment:
• By VISA or MASTERCARD credit card (REDSYS secure e-commerce platform).
• By Paypal payment system.
• By credit card AMERICAN EXPRESS.
This data will not be stored or manipulated by ROCAMBOLESC but will be registered directly on the payment gateway of the corresponding financial institution. For added security, we use a Secure E-Commerce authentication service established by Visa / Mastercard by which the user authenticates to their issuing entity and the trade is authenticated to their acquiring bank.
In order to guarantee the confidentiality and integrity of transactions, these are carried out through the SSL (Secure Socket Layer) protocol with 128-bit security keys.
In the event that the charge cannot be finally carried out (for any reason), the order will be automatically cancelled.
If you have any questions regarding the forms of payment you can contact us without any commitment.
PRICES
The prices of the products are those indicated in the description attached to them. All prices indicated in the product description are expressed in Euro (€) and include Value Added Tax (V.A.T.).
In accordance with current legislation, any purchase made from our website will be subject to value added tax. The applicable rate will be the one legally in force at all times.
The price of the order will be calculated automatically when filling the shopping cart.
In the orders that are made from outside the Peninsula and the Balearic Islands, the taxes and duties derived from the entry and exit of the product in these territories will be applied (according to current regulations), and that must be paid directly by the User to the logistics operator responsible for the delivery of the product.
All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT or not depending on the territory of delivery, as indicated in the previous paragraphs). Transport costs (if applicable) as well as taxes and duties for the entry and exit of the product outside the Peninsula and the Balearic Islands. They are not included in this price and will be specifically informed in each case.
Prices can change at any time. However, possible changes will not affect the products for which ROCAMBOLESC has already made the shipping confirmation.
SHIPPING COSTS
The products offered are distributed to users in any country.
The purchase is subject to payment of shipping costs, to the account of the buyer. The shipping costs will depend on the destination and the total amount of the order, the costs will be detailed throughout the purchase process and you can review how much shipping costs before finalizing the purchase.
All shipping costs are shown with VAT.
For any order outside mainland Spain and the Balearic Islands, you must request the specific calculation of shipping costs to the email info@rocambolesc.com.
BILLING
In compliance with art. 63.3 of RDL 1/2007, of November 16, (LGDCU) the user can request the invoice in paper format.
If the user wants the invoices to be sent in electronic format, it will be necessary to contact the ROCAMBOLESC user service to give their express consent and where the form of receipt of the electronic invoice will be specified. The user who has chosen this option may, at any time, revoke this consent in writing addressed to the e-mail info@rocambolesc.com indicating in the same "invoice revocation in electronic format" and for future purchases, if requested, you will receive the invoices in paper format that will be sent by post.
CONDITIONS OF SHIPMENT
ROCAMBOLESC will not be held responsible for the delay in the delivery of orders for reasons not attributable to it, as well as for fortuitous events or force majeure.
Delivery will be made through the logistics transport company that always designates ROCAMBOLESC depending on the products purchased and the place of delivery.
ROCAMBOLESC will inform the CUSTOMER by e-mail of the date of departure of the order from its warehouses.
Within 24 to 72 hours (Saturdays, Sundays and public holidays not included) from the date of confirmation of its shipment, the order will be delivered to the address indicated by the CUSTOMER. If the order is to be delivered outside of mainland Spain or Mallorca, the customer will be informed of the expected delivery date.
At the time of delivery of the order, the CUSTOMER must verify and check the status of the delivered goods, sign the delivery note and request a copy from the carrier.
In case of incidence due to lack of merchandise, lack of packages, damage to the packaging or others; the CUSTOMER must specify in the delivery notes provided by the carrier (original and copy) any anomaly detected, sign them and notify this incident to ROCAMBOLESC within a maximum period of 24 hours following receipt of the order.
Any claim related to transport notified after 24 hours of receipt of the order, will be rejected.
Delivery of the order is considered made at the time it is made available to the CUSTOMER and ROCAMBOLESC is exempt from any liability for loss, theft, or impairment from that time.
ROCAMBOLESC will not be responsible for errors or damage caused in delivery when the delivery address provided by the CUSTOMER does not match the place of delivery desired by the same.
• The loss or deterioration of the goods during transport will not be the responsibility of ROCAMBOLESC, but of the transport agency itself.
RIGHT OF WITHDRAWAL.
In compliance with Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 of November, ROCAMBOLESC informs them that the CUSTOMER has the possibility of withdrawing from the purchase without the need for justification within a maximum period of fourteen (14) calendar days from receipt of the order.
The CUSTOMER may exercise their right of withdrawal if their order is in the process of preparation and has not yet been sent, sending the written confirmation of withdrawal to info@rocambolesc.com indicating in the subject the online order number.
It will NOT be possible to exercise the right of withdrawal based on the exceptions provided for in article 103 of RDL 1/2007, of November 16 (LGDCU): The right of withdrawal will not be applicable to contracts that refer to:
• the supply of goods made according to the specifications of the consumer and user or clearly personalized.
• the supply of goods that may deteriorate or expire quickly.
• the supply of goods are sealed and are not suitable for return for health or hygiene reasons or have been unsealed after delivery.
• the supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.
• the supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and which cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
To exercise the right of withdrawal, the CUSTOMER will notify ROCAMBOLESC of its decision to withdraw from the contract, either by any type of communication of such decision that allows to accredit the content and receipt of the same by ROCAMBOLESC, or you can use the form model which can be found in -APPENDIX I- at the end of this document and sending it to the email address of ROCAMBOLESC.
ROCAMBOLESC will acknowledge receipt of the same without delay by the same means that the CUSTOMER has used to send this withdrawal.
AFTER-SALES SERVICE
In the event of an incident, duly notified and approved by ROCAMBOLESC, the best way to resolve it will be agreed with the customer.
The User will be entitled to a refund of the price, shipping costs and shipping costs of the return of defective Products or Products delivered if they do not correspond to the order placed by User, in accordance with applicable law.
In these cases, the return of the Products to ROCAMBOLESC can be made by contacting our Customer Service. In the case of return of defective products, or that do not correspond to the order placed by the user, ROCAMBOLESC will bear the transport costs of the return of the products, provided that the return is made from the Peninsular Spanish Territory or Mallorca.
ROCAMBOLESC is not obliged to indemnify the user or third parties for the consequences of using the product, whether direct or indirect damage, accidents suffered by people, damage to property outside the product, loss of profit or lost profit.
The photographs of the products that appear on the website are the property of ROCAMBOLESC and are not binding.
REIMBURSEMENT POLICY
In the event that a refund is to be made, ROCAMBOLESC will manage the refund of the amount paid using the same payment system used by the CUSTOMER within a period not exceeding 14 calendar days from the confirmation of acceptance of the same by ROCAMBOLESC.
WARRANTY
In compliance with the General Law for the Defense of Consumers and Users (LGDCU) the products purchased through https://rocambolesc.com enjoy the corresponding guarantee, from the moment of its acquisition, that they cover the possible defects of manufacture of the product, although in the food field, the nature of the products determines the terms that are reduced and determined by the manufacturer himself by indicating the expiration date or preferred consumption.
LIABILITY AND DISCLAIMER OF LIABILITY
The consumer and user have the right to the repair of the product, its replacement, the reduction of the price or the termination of the contract, as established in Title IV Chapter II of the General Law for the Protection of Consumers and Users.
If the product does not comply with the contract, the consumer may opt for the replacement of the product, at no cost to the consumer, which is carried out within a reasonable period of time depending on the nature of the products.
USER ATTENTION
To contact ROCAMBOLESC for any questions, you can contact our Customer Service by:
PHONE: +34 972 416 667
EMAIL: info@rocambolesc.com
LANGUAGE
At the informative and contractual level, the selected language of communication, in Spanish, Catalan, English and French.
(According to unique article 28 of Law 3/2014, of 27 March, which modifies article 98 of Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the General Law for the Protection of Consumers and Users and other complementary laws Article 98. Formal requirements for distance contracts 1. In distance contracts, the employer must provide the consumer and user, in the language used in the contract proposal or, in the language chosen for recruitment, and at least in Spanish).
This translation in English is only issued for reasons of convenience and in compliance with the right to information according to article 13 of EU Regulation 2016/679, of April 27, 2016 (RGPD) and article 11 of Organic Law 3/2018, of 5 December 2018 (LOPDGDD). In case of divergence or incompatibility between the English and Spanish versions of these general conditions of sale and use, the Spanish version will prevail.
CLAIMS
To lodge any complaint or claim with ROCAMBOLESC, the customer must contact the customer service either by telephone number +34 972 222 157 or by e-mail by sending it to email address info@rocambolesc.com.
According to the EU Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These conditions are governed by Spanish law. ROCAMBOLESC and the user agree to submit any disputes that may arise in relation to the contracting of products or services subject to these General Conditions to the Courts and Tribunals of the User's domicile.
NULLITY AND INEFFECTIVENESS OF CLAUSES
If any of these conditions is declared invalid, null or for any ineffective cause, this condition will be understood to be excluded without this statement affecting the validity or enforceability of the rest of the conditions.
In the event of partial invalidity, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Conditions of Sale.
The non-exercise by ROCAMBOLESC of any right derived from these Conditions of Sale shall not be construed as a waiver of this right, unless expressly waived in writing by ROCAMBOLESC or prescription of the action that in each case corresponds.
MODIFICATION OF THE CONDITIONS OF SALE
The right is reserved to make changes at any time in the website, in the policies, terms and conditions, including these Conditions of Sale.
The CLIENT will be subject to the terms, conditions and policies in force at the time of placing the order unless, by law or at the request of public authorities, a change is made in these that must be applicable to any order placed previously.
(see annex I)
ANNEX I
WITHDRAWAL FORM
For the attention of:
JOROFON, S.L.
CALLE CAN SUNYER, 46 de 17007 GIRONA (Girona)
Telephone: +34 972 416 667
E-mail: info@rocambolesc.com
I hereby inform you that I am withdrawing from the sales contract entered into with you in relation to the following products and / or services:
PRODUCT / SERVICE REFERENCE
_____________________________________________________________ _________________
_____________________________________________________________ _________________
_____________________________________________________________ __________________
Order number:
Order date:
Receipt of the order:
CONSUMER DATA
Name and surname: _____________________________________________
CIF / NIF / NIE: ____________________
address: _____________________________________________
telephone: _____________________________________________
E-mail: _____________________________________________
On ________________________ to _____ of __________________ of ______.
Firm:
Basic information on Data Protection: Responsible: JOROFON, S.L .; Purpose: To carry out the administrative management of being able to process the withdrawal / return in accordance with current legislation; Legitimation: Execution of the contract in accordance with the withdrawal request exercised by you and for the fulfilment of a legal obligation; Recipients: No data will be transferred to third parties, except by legal obligation; Conservation: Your data will be kept for the precise time to process the return or withdrawal management and comply with the obligations arising from this management; Rights: Access, rectify and delete the data, as well as other rights, as explained in our Privacy policy and which can be consulted on the website: https://rocambolesc.com; Revocation: If you do not wish to receive our information, please contact us by sending an email to the address: info@rocambolesc.com, indicating the word LOW.
