Introduction
This contractual document governs the General Terms and Conditions for purchasing products (hereinafter, the “Conditions”) through the website masdelacreu.com, owned by ALBERT ROVIRA SANCHEZ under the trade name MAS DE LA CREU, hereinafter the PROVIDER, whose details can also be found in the Legal Notice of this website.
These Conditions shall remain published on the website, available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by CELLER MAS DE LA CREU. It is the USER’s responsibility to read them periodically, since the Conditions in force at the time an order is placed are those that apply. CELLER MAS DE LA CREU will file the electronic document in which the purchase is formalised and will make it available to the USER upon request.
Contracts are not subject to any formality, except in the cases expressly mentioned in the Civil and Commercial Codes and in this law or other special laws.
Acceptance of this document means that the USER:
- Has read and understands its contents.
- Has sufficient legal capacity to enter into a contract.
- Assumes all the obligations set out herein.
These obligations shall be valid for an indefinite period and shall apply to all purchases made through the PROVIDER’s website.
The PROVIDER states that the business is responsible for, and is familiar with, the legislation in force in the countries to which it ships products, and reserves the right to modify the conditions unilaterally, without this affecting goods or promotions acquired before the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products purchased by the USER is CELLER MAS DE LA CREU, with registered address at Carrer Anselm Clavé, 13 – 43440 L’Espluga de Francolí (Tarragona), Tax ID (NIF) 39704089V, customer service telephone +34 679 12 04 28.
On the other hand, the USER, registered on the website with a username and password, for whose use and safekeeping the USER is fully responsible, and who is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship arising between the PROVIDER and the USER when the USER ticks the corresponding box during the online purchasing process.
The contractual sales relationship involves the delivery of a specific product in exchange for a set price publicly displayed on the website.
Correction of data
If the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, the USER may report them by email to [email protected] so that CELLER MAS DE LA CREU can correct them as soon as possible.
The USER may keep their data up to date by accessing their user account.
Purchasing procedure
To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and must register on the website by creating a user account. To do so, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER must choose a username and password, undertakes to use them diligently and not to make them available to third parties, and must inform the PROVIDER of any loss or theft of these credentials or of possible access by an unauthorised third party, so that the PROVIDER can block them immediately.
Once the user account has been created, and in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the purchasing procedure will follow these steps:
- General purchasing clauses.
- Shipping and delivery of orders.
- Right of withdrawal.
- Complaints and online dispute resolution.
- Force majeure.
- Competence.
- General terms of the offer.
- Price and validity of the offer.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Severability and suspension or termination of the contract.
- Guarantees and returns.
- Applicable law and jurisdiction.
- GENERAL PURCHASING CLAUSES
Unless otherwise agreed in writing, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
- SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made.
Domestic shipments are usually made through the courier company MRW or with CELLER MAS DE LA CREU’s own transport within the province of Tarragona, and international shipments through the transport company Mail Boxes.
The delivery time will vary depending on weight and will be between 2 and 7 working days, depending on the destination and the payment method chosen. This period applies once the availability of the goods has been confirmed and full payment of the order has been verified.
Non-performance of the distance contract
The PROVIDER accepts no liability if delivery of the product or service cannot be made because the data provided by the USER are false, inaccurate or incomplete.
Delivery shall be deemed to have taken place when the carrier has made the products available to the USER and the USER, or a person authorised by the USER, has signed the delivery receipt.
The USER must check the products as soon as they are received and record any observations or complaints that may be justified on the delivery receipt.
- RIGHT OF WITHDRAWAL
Withdrawal form: Withdrawal request
The USER has a period of fourteen calendar days from the date of receipt of the product, or from the signing of the sales contract in the case of a service, to exercise the right of withdrawal, as regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter RDL 1/2007). If the PROVIDER fails to comply with its duty to provide information and documentation on the right of withdrawal, the withdrawal period will end twelve months after the expiry date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.
The right of withdrawal does not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, which are listed here
Any return must be notified to the PROVIDER by requesting a return number through the form provided for this purpose, or by email to [email protected], stating the corresponding invoice or order number.
If the return is not made in the original delivery packaging, the PROVIDER will charge the USER for its cost, informing the USER beforehand through the same communication channel used.
Once the USER has received the return number, the USER must send the product to the PROVIDER, with the shipping costs borne by the USER, to the address of CELLER MAS DE LA CREU, Carrer Anselm Clavé, 13 – 43440 L’Espluga de Francolí (Tarragona)
- COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint the USER considers appropriate will be dealt with as soon as possible. Complaints may be sent to the following contact addresses:
Post: CELLER MAS DE LA CREU, Carrer Anselm Clavé, 13 – 43440 L’Espluga de Francolí (Tarragona)
Telephone: +34 679 12 04 28
Email: [email protected]
- FORCE MAJEURE
The parties shall not be liable for any failure caused by force majeure. Performance of the obligation shall be postponed until the cause of force majeure has ceased.
- COMPETENCE
The USER may not assign, transfer or pass on the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is held to be null or impossible to perform, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares that they have read, understand and accept these Conditions in their entirety.
- GENERAL TERMS OF THE OFFER
All sales and deliveries made by the PROVIDER are deemed to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of CELLER MAS DE LA CREU or to what is stipulated here shall have effect unless expressly agreed in writing and signed by the PROVIDER. In that case, such specific agreements shall prevail.
- PRICE AND VALIDITY OF THE OFFER
The prices shown for each product include Value Added Tax (VAT, IVA) or any other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling, packaging, shipping insurance or any other additional service ancillary to the product purchased.
The prices applied to each product are those published on the website and are expressed in EUROS. The USER accepts that the price of some products may vary in real time.
Before making the purchase, the USER can check all details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily until the order is placed.
Every payment made to the PROVIDER entails the issue of an invoice in the name of the registered user or of the company name provided when placing the order. If requested, this invoice will be sent on paper together with the product purchased. The invoice can be downloaded in PDF format from the website’s management panel using the user account. If the USER wishes to receive it by email, they must request it through any of the means the PROVIDER makes available, and may revoke this decision at any time.
For any information about an order, the USER can contact the PROVIDER’s customer service by telephone on +34 679 12 04 28 or by email at [email protected].
- SHIPPING COSTS
The prices published in the shop do not include shipping or communication costs, installation or unloading, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated when the basket or quote is saved, as they depend on the weight of the products and the delivery address.
CELLER MAS DE LA CREU ships to any point in Spanish territory (including the Canary Islands, Ceuta and Melilla).
Free shipping on orders over €50 applies to deliveries anywhere on the Iberian Peninsula. The Canary Islands, Balearic Islands, Ceuta and Melilla are excluded.
- PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and offers the following methods of paying for an order:
- Credit card
- Pay Pal
- Bank transfer
The USER may use a discount coupon before completing the purchase if one has been received from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entry on secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these aims, the user/customer accepts that the provider may obtain data for the purpose of authenticating access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may, or has the potential to, damage their goodwill or influence it negatively.
Under the card brands’ programmes, the following is prohibited: the sale or offer of a product or service that does not fully comply with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder or cards.
- PURCHASE PROCESS
Any product in our catalogue can be added to the basket. The basket only shows the items, quantity, price and total amount. Once the basket has been saved, charges and discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative binding effect; they are simply a section where a quote can be simulated without any commitment for either party.
An order can be placed from the basket by following these steps to complete it correctly:
1. – Select a minimum of 6 products.
2. – Add the coupon code (if you have one).
3. – Click the CHECKOUT button
4. – Add or check the shipping and billing details.
5. – Select the payment method.
6. – PLACE THE ORDER (BUY).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours on working days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
- SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is held to be illegal, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, if the USER fails to comply with any of the obligations set out in this contract or any applicable legal provision, licence, regulation, directive, code of practice or policy.
Where the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
- GUARANTEES AND RETURNS
Guarantees are governed by the Title on “Guarantees and after-sales services” of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be consulted by clicking here
- APPLICABLE LAW AND JURISDICTION
These conditions are governed by and interpreted in accordance with Spanish law in all matters not expressly provided for herein. Any dispute arising from the supply of the products or services covered by these Conditions shall be submitted to the courts of the USER’s place of residence, the place where the obligation is performed or, in the case of real estate, the place where the property is located.