General conditions

GENERAL CONDITIONS OF THE WEBSITE AND ONLINE STORE OF GRUPO YBARRA ALIMENTACIÓN, S.L.

1. Legal information, personal data and user’s acceptance.

This Provison stipulates the use of service on the website (hereinafter “the Website”) provided by Grupo Ybarra Alimentación, S.L. (hereinafter “Ybarra”) for its Internet Users through www.ybarra.es.

In compliance with the law 34/2002, July 10^th, of services by information and E-commerce Company, hereby we declare that Grupo Ybarra Alimentación, S.L. is a Spanish company located in Dos Hermanas (Seville), Carretera Isla Menor, Km. 1,8, C.P. 41700. The company’s VATIN number is B-91616227, which is registered under the Mercantile Register of Seville, volume 4.632, folio 49 and page SE-72.881. Telephone number: 900 905 342. Fax: 954722866. Email: consumidor@grupoybarra.es.

The use of Ybarra’s website is free except that the Users will have to assume the costs of telecommunications network provided by the operator. However, certain access may be exclusive for customers,    employees or shareholders of Ybarra. Therefore, your access could be restricted and subject to particular conditions, regulations and instructions, which in its case would substitute, complete and/or modify the General Conditions that must be accepted by the User before using the corresponding web services.

Ybarra cannot guarantee the continued access, correct display, download or effectiveness of the information on this website, which could be hindered, obstructed or interrupted by factors beyond control. By using this website, you have to agree to abide by the condition of Website User (hereinafter “the User”) and accept all the conditions included in the General Conditions. The Website service starts to be effective the moment when the User accesses the Website. Therefore, the User should carefully read the general conditions each time he/she accesses the Website since these conditions and Provision could be modified without prior notice.

The User should promise not to use the website or its services and content in any way against the existing legislation. Ybarra reserves the right to terminate the access of any User that violates these conditions without any prior notice.

The content on this Website does not have any contractual nature. Therefore, the referred content in no case will connect, affect or damage Ybarra and other companies of the same group.

The website could be linked with other websites, in which case, once the Users, visitors or participants accessed the linked websites, they would be under the rules of use and conditions of such websites.

The information and personal data provided by the User will be used in compliance with the Privacy Policy. To use this website, the User should consent the disposal of such information and data while declare the provided information and data are real.

2. Copyrights and patent rights.

All content on this website, including all forms of texts, photographs, graphics, images, icons, technologies, software, links, any audiovisual and audio content as well as its graphic design and source code, is copyrighted by Ybarra or the third parties. Except what is strictly necessary for the use of the Website, the User is not granted with any rights of exploitation of such content, which are protected by the current copyright law.

The brands, company names or symbols appearing on this website are owned by Ybarra or third parties. The access to the Website gives the Users no right to the same.

3. Website conditions of use.

To use this website and/or place orders on the same, the User is obliged to (i) use the website only for information or placing legally valid orders. (ii) place no false or fraudulent orders, in which case Ybarra keeps the right to cancel such orders and inform the relevant authorities. (iii) provide correct and real email address, postal address and/or other contact data for Ybarra using such information for contact.

To place an order, the User should be over 18 years old with the sufficient and legal capacity for contractual activity. Ybarra reserves the right not to take an order due to the lack of information.

The user is obliged to make proper use of the website in accordance with the law and these general conditions. The user will respond to Ybarra or third parties, for any damages caused as a result of breach of this obligation.

It is expressly prohibited any use of this website that could cause the damage for Ybarra and the third parties, including any form of overloading, damage or disability of the network, servers and other devices (hardware) or software products and applications (software) of Ybarra or third parties.

The User should promise to use the Content in accordance with the law and this provision.

All information provided by users through the forms on the Website should be real. For this purpose, the user should guarantee the authenticity of all data and keep the information provided to Ybarra perfectly updated conforming to the current situation of the user. In any case the user will be the only responsible for false or inexact information and the damage caused to Ybarra or third parties for those information.

The User who wants to link the Website to their own webpages must comply with the conditions described below in order to not avoid any problems arose from the law. The link can only link to the home page or main pages of the Website without the reproduction of any content (inline links, copy of the text, graphics, etc.).

According to the current applied legislation, it is prohibited under all circumstances to establish any type of frame that wraps the Website or allows the visualization of the content through Internet addresses different to the Website and display any content of the Website in a way that: (i) produces or may produce error, confusion or deception to the Users of the true origin of the service or content; (ii) represents an act of comparison or unfair imitation; (iii) serves to take advantage of the brand reputation and prestige of Ybarra; or (iv) other ways that are prohibited by the law.

The pages that link to the Website must not introduce any false, inaccurate or incorrect information about Ybarra, its shareholders, employees, customers or the quality of the services. In any case, other websites cannot express on their pages where the link is placed that Ybarra has given its consent to the inclusion of the link or similar consent as sponsor, collaborator, verifier or supervisor of service.

The use of any brands, graphics or other distinctive symbols of Ybarra on other webpages is prohibited except in the cases permitted by the law or expressly authorized by Ybarra. In these cases, a direct link to the Website in the way permitted in this provision is always allowed.

The linked pages must strictly comply with the law and must not in any case have or link the Website with their own content or the content of third parties that: (i) is illicit, noxious or unmoral (pornographic, violent, racist, etc.); (ii) induces or may induce user into the false belief that Ybarra subscribes to, endorses, adheres, or in any way supports the ideas, statements or expressions, lawful or unlawful, of the linked website; (iii) are inappropriate or irrelevant with the activities of Ybarra in terms of the locations, content and theme of the linked websites.

 

4. Limitation of liability.

Of the information.

Ybarra does not have the obligation to check the veracity, accuracy, adequacy, suitability, completeness and topicality of the information on the webpages that link to the Website of Ybarra. The content of this website are of a general nature and do not constitute, in any way, the assumption of commitments of any kind, in case of such information being insufficient for personal or business decision-making by the User.

Ybarra is not responsible for the decisions made with the information provided by the Website neither any damages caused the User of third parties who have the content of the Website as their only origin of information.

Of the quality of web service.

The web service of Ybarra does not implicate the control of the virus, worms or any other damages on electronic devices. The Users should be responsible for the detection and antivirus solutions of their electronic devices. Ybarra is not responsible for any damages of electronic devices of the User of third parties caused during the use of the web service of Ybarra.

Of the availability of web service.

Access to the Website requires services from third parties, including transmission through telecommunications networks whose reliability, quality, continuity and functioning does not depend on Ybarra. Consequently, services provided through the Website may be suspended, cancelled or inaccessible simultaneously with the offer of web service. Ybarra is not responsible for any damages caused to the User that result from faults or disconnections of telecommunications networks that produce suspension, cancellation or interruption of the Website prior or during the use of the web service.

Of the content and services linked through the Website.

The service of the Website also includes the links, directories and search tools that allow the User to access other Internet pages (hereinafter, “Linked Websites”). In these cases, Ybarra acts as an intermediary of services in accordance with the article 17 of the law 34/2002, of 12 July, of Services of the Information and E-commerce Company (LSSI) and will only be responsible for the contents and services provided on the linked websites to the extent that it has effective wrongfulness and not deactivated the link with due diligence. When the User considers that a Linked Website has illicit or inappropriate content, he/she can inform Ybarra, but such communication does not entail the obligation of removing the corresponding link.

The linked websites in no case should presuppose the provision by the owner, the recommendation, promotion and identification of Ybarra with the demonstration, content or provided services.

Ybarra does not know the contents and services of linked sites and therefore is not responsible for damage resulting from the unlawfulness, quality, obsoleteness, unavailability, error or uselessness of the contents and/or services of the websites linked or for any other damage that is not directly attributable to Ybarra.

Ybarra does not recognize the content and services on the linked websites and therefore it is not responsible for damages resulted from the unlawfulness, quality, obsoleteness, unavailability, error or ineffectiveness of the content and/or services of the linked websites or for any other damage that is not directly attributable to Ybarra.

Personal data protection.

In accordance with the organic law 15/1999, of 13 December, of Personal Data Protection, the data collected through the contact form on the Website will be incorporated into an automated file of personal data, which is of responsibility de Ybarra. Ybarra will treat data in a confidential and exclusive way with the purpose of managing the relationship with its customers and promoting business activities. In addition, Ybarra will cancel, erase and/or block data when they are inaccurate, incomplete or appear to be unnecessary or irrelevant for the purpose, in accordance with the legislation of data protection.

The User may revoke their consent and use their rights of access, rectification, cancellation and opposition by contacting the company by the means indicated in the Provision 1.

Ybarra adopts the levels of security required by the Security Measurement Regulation approved by Royal Decree 1720 / 2007, of 21 December and the approved Regulation of the implementation of Organic Law 15/1999, of 13 December, of Personal Data Protection. However, the technical security in a medium like the Internet is not impregnable and there may appear leaks by malicious actions of third parties.

Communication for illicit and inadequate activities.

In the event that the User or any other Internet user finds out that the linked websites are referring to webpages whose content or services are illicit, noxious, degrading, violent or unmoral, he/she can contact Ybarra indicating the following: personal data of the communicator, name, address, telephone number and e-mail address; description of the facts that reveal the illicitness or inadequacy of the Linked Website; in the case of violation of rights, such as copyright and patent right, the personal data of the person with infringed rights when he/she is not the communicator. In addition, the proof that certifies corresponding legitimate rights should be presented, while a letter of authority should be attached when the communicator is not the holder of right; an express statement in which the information contained in the claim is accurate. The receipt by Ybarra of such communication does not imply, in compliance with the LSSI, actual knowledge of the activities and/or content indicated by the communicator.

The information contained in these Conditions and other details on this website is not an offer, but an invitation to purchase. There will be no contract between the User and Ybarra in relation to any product until the order is accepted by Ybarra. If the user’s order is not accepted but the price is charged from user’s account, the entire amount of the same will be refunded by Ybarra.

To place an order, the User must follow the procedure of online purchase and click on the “Confirm Your Order” section. Then, the User will receive an email acknowledging the receipt of order (“Confirmation of Order”), which does not imply that Ybarra has expressly accepted the order since it is considered as an order placed by the User to Ybarra for purchasing one or more products. All orders are subject to further acceptance of Ybarra, which will be informed to the User via an email confirming that the product is being shipped (“Shipment Confirmation”). Since this moment, the contractual relation for the purchase of one or more products is established. The contract will only be effective on those products listed in the Shipment Confirmation.

6. Availability of products.

All product orders will be subject to the availability of the same. In this regard, if there is a difficulty in terms of the supply of products or insufficient stock, Ybarra reserves the right to offer information of substitute products of the same or superior quality and value than the first choice of the User. If the User does not accept the substitute products offered by Ybarra, the amount that the User have paid will be refunded.

Ybarra reserves the right to withdraw any products, to cancel or modify any material or content at any time on the webpage although it will always try to process all orders. However, in the latter case Ybarra reserves the right to not process orders after sending the Confirmation of Order when there is a justifiable reason. Regardless of if the product has been sold or not, any material or content is removed or modified on the webpage or not processing an order after confirmation of order, Ybarra does not assume any responsibility for removing any product from the website although the amount that the User has paid will always be refunded.

Products offered on this website are available for purchase and shipping to the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, France, Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Poland, Portugal, United Kingdom, Czech Republic, Romania and Sweden. Shipping costs may vary according to the destination. Within the Spanish territory, shipping costs may differ when the destination is outside the Iberian Peninsula (Balearic Islands, Canary Islands, Ceuta and Melilla).

7. Delivery, form, means and eventual impossibilities of delivery.

Without any prejudice to the previous provisions regarding the availability of products and regardless of extraordinary circumstances, Ybarra will ship the order through reliable logistics companies (currently, MRW for domestic shipping and DHL for deliveries outside Spanish territory). To the address indicated as destination, the estimated delivery time is about 72 hours during working days, counting from the date of Shipment Confirmation. However, if the order is not specified with an exact date of delivery, the delivery must be completed within the period of 30 days from the date of Shipment Confirmation. Delivery shall be completed when a duly identified person collects the package whether or not the recipient is the one indicated on the delivery note. However, the delivery could be delayed as a result of the personalization of products, certain areas of delivery and other unforeseen circumstances.

If for some reason Ybarra could not deliver the order on the initially scheduled date, it must inform the User of the circumstance giving alternatives of the purchase, setting a new date of delivery or cancelling the order with a refund of the total paid price. In the event of not being able to locate the recipient at the time of delivery, a note will be left so that the buyer can contact the logistics company and find out the best way of the product delivery. Orders cannot be delivered the PO boxes.

When shipment is refused by the destination or for any other reason that is beyond the control of Ybarra or the logistics companies, depending on the destination MRW (shipments on Spanish territory) or DHL (shipments out of Spanish territory) cannot complete the delivery of the shipment, Ybarra will inform the User such situation as soon as possible. The User shall reply within a maximum period of 15 days, counted from the receipt of such communication, indicating if he/she wants to retrieve the shipping or prefer it to be sent to another destination. If within that period of time the User has not exercised his right, the order will be treated in compliance with the applied legal standard of transportation according to the characteristics and the type of shipping. In any case, in addition to the payment of the corresponding transportation fee, the User would assume extra expenses and costs.

In case of receiving a manipulated or damaged package, the User should expressly indicate on the delivery receipt of logistics carrier and carefully check the merchandise. The User should not sign on the delivery receipt without having indicated any type of incident.

8. Passing of property and risk.

The risks of the products will be passed to the User from the moment of its delivery. The User acquires the complete ownership of the products when the full payment related to the same, including the shipping cost is completed to Ybarra or at the time of delivery if the payment is due upon arrival.

9. Price and payment.

The price of each product is shown on the webpages of Ybarra, except in the cases of manifest errors. Ybarra reserves the right to rectify all kinds of errors while informing the User as soon as possible and giving the User the option of reconfirming the order at the correct price or cancelling it. If Ybarra fails to contact the User, the order will be automatically cancelled and the payment will be entirely refunded.

Ybarra is not obliged to provide any product at an incorrect low price (even after the confirmation of order) if the error of price is obvious, unmistakable and could be noticed reasonably by the User as an incorrect price.

The prices on the website include VAT but not the shipping costs, which will be added to the total amount prior to the last step of purchase. Prices can be modified at any time, but such changes will not affect those orders that have been confirmed with Shipment Confirmation.

Once the User has completed the purchase, all items will be added to the shopping Cart and the next step will be processing the order and the payment. To do so:

1. The User should click on the “Cart” button on the upper part of the webpage.
2. The User should click on “Checkout”.
3. The User should click on “Order details”.
4. The User should complete and check the contact information, order information, the address where the product should be sent to and the shipping form.
5. The User should click on “Billing details”, fill in billing address and click on “Authorize payment” by choosing the form of payment which will be secured through the following methods:

• PayPal: If this is the method of payment chosen by the User, the amount will be charged the same moment when the order is confirmed. By clicking on “Confirm Order”, the User is confirming the ownership of the account. The User can complete the payment with debit card, credit card or bank account without entering any details of the same. The User will only need to introduce the e-mail address and password for his/her PayPal account. If the User does not have PayPal account, the option of creating a free PayPal account will be offered before completing the order. For more information about this method of payment, the User should contact the Customer Service of PayPal. The privacy and confidentiality of data through this method of payment is totally secured.
• Credit/debit cards: Visa, MasterCard, American Express, discover Cashback, Diners Club and JCB. If any of these is chosen as the method of payment, within the “Billing Details” section, the User should firstly fill in billing address (first name, surname, address and telephone number) and introduce bank details on the next page: card number, date of expiration and three-digit security code on the back of the card (CSC).

The methods of payment are subject to verification and approvals by the issuing entities. If these entities do not approve the payment, Ybarra will not be responsible for the delay or cancellation of order and not be able to formalize any Contractual relation with the User. Once the payment has been made, the User must complete the purchase process and access “Confirm Order” after reviewing all the information of order and recipient.

In accordance with the article 68 of the Law 37/1992 of 28 December, of the Value Added Tax, the delivered items are subject to the application of Spanish VAT if the delivery address is located on Spanish territory, except Canary Islands, Ceuta and Melilla. The applied VAT rate will be the legally effective rate at the moment of each items being purchased.

For orders to Canary Islands, Ceuta and Melilla, VAT on the purchased items will be exempted according to the application of article 21 of Law 37/1992, without prejudicing other taxes and relevant tariffs in accordance with the effective regulations on each of these territories.

11. Shipping and return policy.

Ybarra is obliged to deliver products purchased by the User to the address that the buyer indicated on the order form (shipment to PO box and third parties is not accepted) as soon as possible, which in any case will not exceed thirty (30) calendar days since the confirmation of order. Shipping costs of the purchased items will be paid by the buyer. The User-Buyer will have a period of fourteen (14) business days, according to the official schedule of his place of residence, to settle or return the product without any form of penalty or charges, including the expenditure on the return of the good.

The period of 14 days mentioned in the preceding paragraph is calculated from the receipt of the purchased goods by the buyer. In any case, the buyer should know the right of withdrawal since the moment he/she accesses the Website, which requires reading and acceptance of these General Conditions at the moment of confirming the order.

The return of goods should be sent to the registered office of Grupo Ybarra Alimentación, S.L. located in Dos Hermanas (Seville), Carretera Isla Menor, km. 1.8, C.P. 41700. When the buyer exercises the right of withdrawal, Ybarra will refund the payment without any retention immediately and never exceed fourteen days. However, Ybarra reserves the right of not meeting the buyer’s right of withdrawal when the attributes of the services and products makes the return of goods without jeopardizing the claim of damages and losses impossible.

Apart from the 7^th Provision, when the buyer considers that at the time of receiving the order the product does not conform to what is stated in the Contact, the User should immediately contact Ybarra by calling to the number 900 905 342. Ybarra reserves the right to carefully examine the returned product and inform the buyer, within a reasonable period of time, if the refund or replacement of the product could be carried out. If the buy approves the alternative, the return or replacement of the product should be carried out as soon as possible and in any case within 14 days since the date of notification.

Once the goods returned for defects is examined and the buyer’s claim is proven real, the entire amount of payment will be refunded to the User including the shipping costs for its return. The refund will be made in the same method of payment that was used for the purchase. Except the recognized rights of the current legislation.

12. Communication and notification.

To use this website, the User accepts that the communications with Ybarra will be electronic via email or leaving notes on the website. In terms of the contractual relation, the User should consent to use these electronic means of communication and be aware of that every contract, notification, information and communication sent electronically complies with all legal requirements as the written ones.

The notifications that the User wants to send to Ybarra must be sent to the e-mail address consumidor@grupoybarra.es, or to the registered office of Ybarra. Unless stated otherwise, Ybarra can send communications well through e-mail or postal address provided by the user in the order or in previous communications.

We consider the notifications correctly sent the moment they are published on the website and received 24 hours after sending the e-mail or registered letter.

To prove that the notification has been sent, it is sufficient to show that in the case of a letter the letter has a right address, proper seal and is duly delivered to postal services; in the case of an email, the email is sent to the specified email address of the User.

13. Force Majeure.

Ybarra is not liable for the failure or delay of fulfillment of any obligations included in the Contract, when the cause is beyond our reasonable control (“force majeure”).

The force majeure includes any act, occasion, lack of exercise, omission or accident among others which is beyond our reasonable control, as follows: (i) strikes, lock-outs or other protests, (ii) civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war, (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic diseases or any other natural disaster (iv) Impossibility of the use of trains, boats, aircraft, motor vehicles or other means of transportation either public or private, (v) inability to use public or private telecommunication systems (vi) acts, decrees, legislation, regulations or restrictions of any government or public authorities, (vii) strike, failures or accidents of the logistics companies or the transportation system.

The fulfillment of derived obligations of Ybarra in the Contracts will be suspended during the period in which the force majeure continues and will be extended with the same period of time of the force majeure.

Ybarra will adopt all reasonable methods to end the cause of force majeure or find solutions to fulfill the obligations in the Contract despite the force majeure.

The lack of requirements by Ybarra of strict fulfillment of some obligations assumed by the User regarding the Contract or these General Conditions or the lack of exercising rights and actions by Ybarra related to such Contract or Conditions does not renounce or limit the established rights and actions nor exempt the User from fulfilling these obligations.

The rescission of some specific rights and actions by Ybarra does not suggest the rescission of other rights and actions derived from the Contract and Conditions. Moreover, any rescission by Ybarra of these Conditions or rights and actions derived from the Contract will not take effect unless such rescission is formally and expressly stated and informed to the User in conformity with the clause 14.

These Conditions and any other document of this kind constitute an agreement between the User and Ybarra in relation to the Contract, which will replace any previous pact, agreement or promise agreed between both parties verbally or in writing.

Both parties acknowledge having consented to the effectiveness of the Contract without reliance on any previous statement or promise made by the other party. The two parties should not infer such Contract from any declaration or agreement from the negotiations prior to the Contract, except those expressly mentioned in these Conditions.

Neither of the two parties should act for any uncertain declaration made by the other party, verbally or in writing, prior to the date of the Contract (except such uncertain declaration was made fraudulent). The only action that could be carried out by the other party shall be for the breach of contract in accordance with the provisions in these terms and conditions.

Even if the nullity of any Conditions or any provisions in the Contract is declared and its resolution is issued by the qualified authority, the rest of the terms and conditions will still remain in force without being affected by such declaration of nullity.

16. Right of modification.

Ybarra has the right to revise and modify these terms and Conditions at any time. The User is subject to the policies and Conditions in force at the moment he/she uses the services of this website or places an order. The exceptions can be applied when the retroactive changes are made to the policies, Conditions and Privacy Statement, in which cases the previous orders of the User would be affected as well by such changes.

17. Applicable law and jurisdiction.

Spanish legislation is applied to the use of this website and contracts for the purchase of products through this website. Any dispute in relation to the use of this website or the contracts mentioned above is non-exclusively subject to the jurisdiction of the Courts and Tribunals of Seville. These provisions under no circumstances will affect other acknowledged rights of the User as a consumer.

The Users must read these General Conditions carefully and confirm his/her complete and voluntary acceptance of the same.