GENERAL CONDITIONS
1. Introduction
This document (together with all the documents mentioned in it) establishes the conditions that govern the use of this website https://www.onesupermarket.es/ and the purchase of products on it (hereinafter, the "Conditions"). We ask you to carefully read these Conditions, our Cookies Policy and our Privacy Policy (together, the “Data Protection Policies”) before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and our Data Protection Policies, so if you do not agree with all the Conditions and the Data Protection Policies Data, you should not use this website. If you have any questions related to the Conditions or Data Protection Policies, you can contact us at info@onesupermarket.es, or by calling 664439483.
2.- Our data
The sale of items through this website is carried out by ONESUPERMARKET with address at Av.Doctor Fleming 25bj, 30110 Churra (Murcia), Spain with telephone number 664439483 and email info@onesupermarket.es
3.- Your data and your visits to this website
The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
4.- Use of our website
By using this website and placing orders through it you agree to:
Use this website only to make legally valid queries or orders.
1. Do not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
2. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy).
3. If you do not provide us with all the information we need, we will not be able to process your order.
4. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5.- Availability of the service
The items offered through this website are only available for shipping to Spanish territory (Except Ceuta and Melilla).
6.- How to place an order
To place an order, you must follow the online purchasing procedure. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Additionally, we will inform you by email that the product is being shipped (the "Shipping Confirmation"). If you detect an error in your order after completing the payment process, you must immediately contact our customer service, at the telephone number or email address mentioned above, to correct the error. .
IMPORTANT:
ONLY PICK UP IN PHYSICAL STORE. FROZEN PRODUCT
7.- Transportation costs
Free Shipping costs from €60 to the Peninsula, and €75 to the Balearic Islands
8.- Estimated shipping amount and time:
It only ships to the Spanish Peninsula and the Balearic Islands and the Portuguese Peninsula. It does not ship to the Canary Islands or Andorra.
For the Peninsula the shipping costs are €4.99 and Free Shipping Costs from €60 .
The shipping method is through SEUR courier, and it will be received throughout the next day, as long as the purchase has been made before 2:00 p.m.
The distribution of deliveries is from 9 a.m. to 7 p.m., and may be extended due to work needs. There are no deliveries or collections on weekends, nor national, regional or local holidays, sending or delivery moving to the next business day.
For the Balearic Islands, shipping costs are €9.99, Free Shipping costs from €75.
It will take 3 to 4 days.
For the Portuguese Peninsula, shipping costs are €5.99, Free Shipping Costs from €70.
It will take 1 to 2 days.
IMPORTANT : If shipping cost appears €9.98
Since this issue is currently not resolved, we are attaching a €4.99 discount code here for orders where this occurs.
Discount code: ERRDES998
NOTE : This discount code can only be used on orders with the above issues. If your order does not have such situation, please do not use it, otherwise we will charge you the corresponding amount
9.-Payment methods:
- The payment method with Credit Card does not entail an additional expense.
- The Pay-Pal payment method entails an additional expense of 3.40% of the total plus a fixed amount of €0.35.
10.-Product availability
All orders are subject to product availability. If there are difficulties in supplying products or if items are out of stock, we will refund any amount you may have paid.
OUT OF STOCK PRODUCTS : If any product selected during the purchase is out of stock, we will contact you to offer you an alternative or make the corresponding refund.
11.- Delivery
Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product/s listed in each Shipping Confirmation within the period indicated on the website according to the shipping method. selected and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays, except in the case of the virtual gift card, which will be delivered on the date indicated by you.
For the purposes of these Conditions, it will be understood that "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is will prove receipt of the order at the agreed delivery address by signing.
12.- Impossibility of delivery
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe location, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to have it sent again. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
If after 15 days from when your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method. ordinary that we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract resolved. Please note that transportation resulting from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs to you.
13.- Price and payment
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
14.- Value added tax and billing
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may indicate to us at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in that format.
15.- Return policy
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, to the 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us at ONESUPERMARKET, at the address, Av.Doctor Fleming 25bj Churra 30110 (Murcia) Spain, at telephone number 664439483, or by writing to us at info@onesupermarket.es of your decision to withdraw from the contract at through an unequivocal statement (for example, a letter sent by postal mail or email. To comply with the withdrawal period, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding period expires.
(- I hereby inform you that I exercise my right of withdrawal on the order/contract with reference number: .
- Name of the buyer: .
- Buyer's ID: .
- Date of purchase: .
- Payment method: .
- Credit card number: (in case of payment method): .
- Bank card operation number: .
- Buyer's delivery address: .
- Name of the recipient, if different from that of the buyer: .
- Address of the recipient:
Signature of the consumer.)
Exemptions from the right of withdrawal
In some cases this right cannot be exercised according to article 103 of Royal Legislative Decree 1/2007.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.
Consequences of withdrawal
In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method. ordinary that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you tell us otherwise, expressly detailing the payment method through which you want us to make the refund. You will not incur any costs as a result of the refund. Notwithstanding the above, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first.
You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
16.- Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with what is stipulated in the contract, you must contact us immediately through our contact channels providing the product details as well as the damage you suffer, or by calling the number 664439483 where we will tell you how to proceed.
We will proceed to carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
In any case, the rights recognized by current legislation remain safe.
17.- Guarantees
If you contract as a consumer and user, we offer you guarantees on the products that we sell through this website, in the terms legally established for each type of product, responding, therefore, for any lack of conformity that may arise. within a period of two years from delivery of the product.
It is understood that the products comply with the contract provided that:
1.- They fit the description made by us and have the qualities that we have presented on this website
2.- They are suitable for the uses to which products of the same type are ordinarily intended.
18.- Responsibility and exoneration of liability
Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
1. Loss of income or sales:
2. loss of business;
3. lost profits or loss of contracts;
4.loss of anticipated savings; data loss;
5.and loss of management time or office hours
Due to the open nature of this website and the possibility of 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 stated expressly the opposite in it.
19.- Industrial and intellectual property
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
20.-Links from our website
In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.
21.- Written communications
The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
22.- Notifications
The notifications that you send us must be sent through our email address info@onesupermarket.es In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either by email or by email. postal address provided by you when placing an order.
It will be understood that notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.
23.- Transfer of rights and obligations
The contract is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transfer, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We may transfer, assign, charge, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its validity. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law nor will they nullify, reduce or limit in any way the guarantees, both express and implied. , which we could have granted.
24.- Events beyond our control
We will not be responsible for any failure or delay in compliance with any of the obligations assumed, when this is due to events that are beyond our reasonable control ("Force Majeure Cause").
Causes of Force Majeure will include any act, event, lack of performance, omission or accident that is beyond our reasonable control and, among others, the following:
1. Strikes, lockouts or other protest measures.
2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6.Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
25.- Resignation
The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us under of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver by us of a specific right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly stated that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.
26.- Partial nullity
If any of these Conditions or any provision of a contract are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
27.- Complete agreement These
Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or in writing. .
You and we acknowledge that we have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by both of us prior to the same, except as expressly mentioned. in these Conditions.
Neither you nor we will have any remedy against any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to you is the other party will be for breach of contract in accordance with the provisions of these Conditions.
28.- Our right to modify these conditions
We reserve the right to modify the Terms and Conditions. We will keep you informed of substantial changes made to them. The modifications introduced will not be retroactive and, except for possible exceptions depending on the specific case, they will be applicable after 30 days from the date of their publication in the corresponding notice.
If you do not agree with the modifications introduced, we recommend that you do not use our website.
29.- Applicable legislation and jurisdiction
The applicable law in the event of a dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any issue related to the services of this Portal, will be Spanish law.
For the resolution of any conflict that may arise during the visit to the Website or the use of the services that may be offered therein, the owner of the Website and the User agree to submit to the Judges and Courts of the User's domicile, provided that it is located in Spanish territory and acts as a consumer. Otherwise, submission will be to the courts and tribunals of the city of Murcia, Spain. You can also avail yourself of the European extrajudicial platform for online dispute resolution https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=