GENERAL CONDITIONS
1.- Introduction
This document (together with all documents referred to herein) sets out the terms and conditions governing your use of this website https://www.onesupermarket.es/ and your purchase of products on it (hereinafter, the "Terms"). Please read these Terms, our Cookie Policy and our Privacy Policy (together, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and our Data Protection Policies, so if you do not agree with all of the Terms and the Data Protection Policies, you should not use this website. If you have any questions regarding the Terms or the Data Protection Policies, you can contact us at info@onesupermarket.es, or by calling 644989309 .
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 644989309 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 that 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 inquiries or orders.
1. Do not make any false or fraudulent orders. If it could reasonably be considered that such an order has been made, we will be entitled 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. You also agree that we may use this 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.- Service availability
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"). We will also 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 team, at the telephone number or email address mentioned above, to correct the error.
IMPORTANT:
PICKUP ONLY IN PHYSICAL STORE. FROZEN PRODUCT
7.- Transport costs
Free shipping costs from €60 to the Peninsula, and €75 to the Balearic Islands
8.- Amount and estimated shipping time:
Only ships to the Spanish Peninsula, the Balearic Islands and the Portuguese Peninsula. No shipments are made to the Canary Islands or Andorra.
For the Peninsula, shipping costs are €4.99 and Free Shipping Costs from €60 .
The shipping method is via SEUR courier service, and will be received throughout the following day, provided that the purchase has been made before 2:00 p.m.
Deliveries are made between 9 a.m. and 7 p.m., and may be extended due to work requirements. There are no deliveries or collections on weekends or national, regional or local holidays, and shipment or delivery will be made on the next business day.
For the Balearic Islands, shipping costs are €9.99, Free Shipping for orders over €75.
It will take 3 to 4 days.
For the Portuguese Peninsula, shipping costs are €5.99, Free Shipping for orders over €70.
It will take 1 to 2 days.
IMPORTANT : If the shipping cost appears as €9.98
Since this issue is not currently 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 problems. If your order does not have such a situation, please do not use it, otherwise, we will charge you the corresponding amount.
9.-Payment methods:
- Payment by Credit Card does not entail any additional charges.
- The Pay-Pal payment method entails an additional cost of 3.40% of the total plus a fixed fee of €0.35.
10.-Availability of products
All orders are subject to product availability. If there are any 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 for purchase is out of stock, we will contact you to offer 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 are unable to meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by setting a new delivery date or cancelling 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, "delivery" or the order will be deemed to have taken place when you or a third party indicated by you acquire physical possession of the products, which will be confirmed by the signature of receipt of the order at the agreed delivery address.
12.- Impossibility of delivery
If we are unable to deliver your order, we will try to find a safe place to leave it. If we are unable to find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to get it delivered to you again. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
If, after 15 days from the date 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 terminated. As a consequence 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 ordinary delivery method we offer) without undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract to be terminated. Please note that transport resulting from the termination may have an additional cost, so we will be authorized to pass on the corresponding costs to you.
13.- Price and payment
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 articles will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may indicate at any time your desire to receive an invoice in paper format, in which case, we will issue and send the invoice in this 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 after the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or, if the goods comprising your order are delivered separately, 14 calendar days after 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 the telephone number 644989309, or by writing to us at info@onesupermarket.es your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email. To meet the withdrawal deadline, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding deadline expires.
( - I hereby inform you that I exercise my right of withdrawal from the order/contract with reference number: .
- Name of the buyer: .
- Buyer's ID: .
- Date of purchase: .
- Payment method: .
- Credit card number: (if this is the payment method): .
- Bank card transaction number: .
- Buyer's delivery address: .
- Name of the recipient, if different from that of the buyer: .
- Recipient's address:
Signature of the consumer.)
Exceptions to 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 which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
Consequences of withdrawal
In the event of withdrawal on your part, we will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you wish us to make the refund. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the same, depending on which condition is met first.
The customer will be responsible for the costs of returning the product. In any case, the products to be returned must be in perfect condition, unused and in their original packaging. Therefore, to avoid problems during transport, please ensure that the package is properly protected and sealed. Once received, we will check their condition. As soon as we verify that both the item(s), as well as any components, accessories, promotional gifts and documentation, are complete and in perfect condition, we will proceed to refund the money paid.
If the return is due to a product error, defective product or any other reason attributable to our company, the return costs will be borne by us.
16.- Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels providing the details of the product as well as the damage it suffers, or by calling the telephone number 644989309 where we will tell you how to proceed.
We will carefully examine the returned product and will inform you by email 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 from the date on which we send you an email confirming that a refund or replacement of the non-compliant item is appropriate.
In any case, the rights recognized by current legislation are safeguarded.
17.- Guarantees
If you contract as a consumer and user, we offer you guarantees on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product.
The products are deemed to be in compliance with the contract provided that:
1.- They fit the description made by us and possess the qualities that we have presented on this website
2.- They are suitable for the uses for which products of the same type are ordinarily intended.
18.- Responsibility and exemption from liability
Unless expressly provided otherwise in these Terms, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of that product.
However, and unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:
1. loss of income or sales:
2. loss of business;
3. loss of profits or loss of contracts;
4. loss of expected savings; loss of data;
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 otherwise expressly stated on this website.
19.- Industrial and intellectual property
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content supplied as part of the website shall remain at all times vested in us or our licensors. You may use such material only in the manner expressly authorized by us or our licensors. This shall not prevent you from using this website to the extent necessary to copy your order information or Contact details.
20.- Links from our website
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only, and we have no control over the content of such websites or materials. We therefore accept no liability for any damage or loss arising from their use.
21.- Written communications
Applicable law requires that some of the information or communications we send to you should be in writing. By using this website, you agree that most of the 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 agree to use this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition does not affect your statutory rights.
22.- Notifications
Any notifications you send us must be sent to 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 to the email or to the postal address provided by you when placing an order.
Notices shall be deemed to have been received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. To prove that service has been given, it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or mailbox and, in the case of an e-mail, that the e-mail was sent to the e-mail address specified by the recipient.
23.- Assignment of rights and obligations
The contract is binding on both you and us and on our respective successors, assigns and legal representatives. You may not transfer, assign, charge or otherwise transfer a contract or any of your rights or obligations under it without obtaining our prior written consent. We may transfer, assign, charge, sub-contract or otherwise transfer a contract or any of your rights or obligations under it at any time during its term. For the avoidance of doubt, any such transfer, assignment, charge or other transfer will not affect your statutory rights as a consumer nor will it void, reduce or otherwise limit any express or implied warranties we may have given you.
24.- Events beyond our control
We will not be liable for any failure or delay in performance of any of our obligations under this Agreement that is caused by events outside our reasonable control ("Force Majeure Event").
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:
1. Strikes, lockouts or other protest measures.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation 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. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority. Obligations will be deemed to be suspended for the period in which the Force Majeure Event continues, and we will have an extension of the time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.
25.- Resignation
Our failure to require strict performance by you of any of your obligations under a contract or these Terms or our failure to exercise any of the rights or remedies to which we are entitled under a contract or these Terms shall not constitute a waiver or limitation of those rights or remedies and shall not relieve you from compliance with those obligations.
No waiver by us of any particular right or action shall constitute a waiver of any other rights or actions arising from a contract or the Terms. No waiver by us of any of these Terms or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing in accordance with the Notices section above.
26.- Partial nullity
If any of these Conditions or any provision of a contract were declared null and void by a final decision 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
These Terms and any documents expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You and we acknowledge that we have agreed to enter into a contract without relying on any statement or promise made by the other party or which might be inferred from any statement or writing in the negotiations between us prior to this contract, except as expressly mentioned in these Conditions.
Neither you nor we will have any remedy in respect of any untrue statement made by the other party, whether oral or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract as provided in 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 any substantial changes made to them. The modifications introduced will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable after 30 days from the date of their publication in the corresponding notice.
If you do not agree with the changes made, 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 on the occasion of the visit to the Website or the use of the services that may be offered on it, the owner of the Website and the User agree to submit to the Judges and Courts of the User's domicile, provided that the User 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 use the European extrajudicial platform for the resolution of online disputes https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=