GENERAL TERMS AND CONDITIONS
The ownership of this website (hereinafter, the “Website”) belongs to:
VITIUM INDUSTRIES, S.L. (hereinafter, the “Seller”), whose identifying details are as follows:
This document, as well as the references to other documents mentioned herein, governs the conditions under which the use of this Website (https://vitiumpistachios.com) and the purchase or acquisition of products and/or services on it are regulated (hereinafter, the “Terms and Conditions”).
In addition to reading these Terms and Conditions, before accessing, browsing and/or using this Website, the User must have read the Legal Notice and General Terms of Use, including the cookies policy, and the privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and all of the aforementioned. If the User does not agree with all of the above, they should not use this Website.
The User is also informed that these Terms and Conditions may be amended. The User is responsible for checking them each time they access, browse and/or use the Website, as the ones in force at the time of requesting the purchase of products and/or services shall apply.
For any questions the User may have regarding the Terms and Conditions, they may contact the Seller using the contact details provided above.
Access to, browsing and use of the Website confers the status of user (hereinafter referred to, individually and collectively, as the “User” or “Users”), and implies acceptance from the moment browsing begins of all the Terms and Conditions set out herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legally mandatory regulations where appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
This Website is primarily intended for Users residing in Spain. Therefore, the Seller does not guarantee that the Website complies with the laws of other countries, either wholly or partially, and disclaims any liability arising from such access. It also does not guarantee deliveries or the provision of services outside Spain.
The User may enter into the purchase contract for the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.
The User’s acceptance of the order, the commencement of any work, or the performance of any act by the Seller that implies compliance with the purchase order shall be deemed express acceptance by the User of the Terms and Conditions contained herein.
Modifications to the conditions set out in the purchase order and these Terms and Conditions shall be void unless the parties formalise such modifications in writing.
All future purchases of products from the Seller, in the absence of an express agreement to the contrary, shall be subject to these Terms and Conditions.
Likewise, all purchase orders received through the Website are subject to the availability of products and/or to no circumstance or force majeure (Clause Eleven of these Terms and Conditions) affecting their supply and/or the provision of services. Should difficulties arise in the supply of products or if products are out of stock, the Seller undertakes to contact the User and reimburse any amount that may have been paid.
Unless otherwise agreed, the delivery of products shall be made to the address indicated by the User in the purchase order.
Delivery Time
Products will be delivered or dispatched to the User within the period stipulated in each purchase order.
Although delivery dates are estimated, the Seller shall be obliged to notify the User in writing of any delay exceeding fifteen (15) days from the estimated delivery date if the Seller is responsible for transportation.
If customs authorisations or similar documents are required, the above paragraph shall not apply. In such cases, the User and Seller shall cooperate to ensure effective delivery of the products to the destination.
The price and delivery conditions stated in the purchase order shall have the meaning defined by Incoterms 2000 and their subsequent amendments or replacements in force as of the date of this document, unless otherwise specified.
The products shall be properly packaged to ensure their arrival at the destination in perfect condition and under normal transport conditions, in accordance with the agreed technical specifications.
The Seller guarantees that the products shall be in good condition, free from defects, in accordance with the agreed technical specifications, and that their quality, merchantability, suitability, or fitness for the express or implicitly known purpose shall meet the description or specifications in the purchase order.
Payment shall be made virtually via Point of Sale Terminal (POS). The User must use a valid and authorised bank card to complete the transaction.
The Seller shall not store sensitive payment data, as payment processing will be carried out through certified payment service providers, thus ensuring transaction security.
Payment shall be considered completed when the POS confirms the transaction.
In the event of an error, rejection or inability to complete the transaction, the order shall not be processed, and the User must attempt payment again or contact their bank.
As a general rule, payment must be made in full at the time of issuing the corresponding purchase order. For clarification, products shall only become the property of the User once full payment has been received by the Seller.
Once the products have arrived at the agreed location, they shall be unloaded at the place designated by the User, at which point they shall be considered delivered.
For products with quality or quantity defects, the User must notify the Seller within a maximum of five (5) calendar days from receipt of the products, using any means that ensures receipt and providing evidence justifying the claim.
In the case of incomplete delivery, the User may choose to (i) have the missing products replaced or (ii) have the Seller refund the price paid for the missing products.
The Seller only guarantees that the products will fully comply with the laws, regulations and official requirements of Spanish and European legislation in force at the time of signing these Terms and Conditions. If compliance with other laws is required, the User shall be responsible for specifying the applicable requirements in the destination country.
The Seller guarantees the highest quality of its products, operating under strict safety and control standards. However, due to the perishable nature of our products, no returns shall be accepted once the order has been processed and delivered, except in the exceptional cases detailed below:
If the User receives a product in poor condition or with defects attributable to the Seller, they must notify us immediately, within a maximum of twenty-four (24) hours of receipt. The claim must be made via the email indicated in the general information, attaching the following:
Once the claim is received, the Seller shall evaluate it and, if appropriate, offer a replacement product at no additional cost. Under no circumstances shall a refund be issued.
If the User receives a product different from the one ordered, they must notify us within twenty-four (24) hours of delivery, by email to the address indicated in the general information, including:
Once the issue is verified, the Seller shall arrange for the correct product to be sent at no additional cost. The User must retain the incorrect product in its original state until instructed on the next steps.
Notwithstanding the above, returns shall be subject to the following strict conditions:
When purchasing products on or through the Website, the User is entitled to the rights described below:
Unless otherwise legally required, the Seller shall not be liable for the following losses, regardless of origin:
The Seller also limits its liability in the following cases:
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November, approving the revised General Law for the Defence of Consumers and Users. This includes our products, i.e., those that may deteriorate or expire quickly, or are sealed for hygiene or health reasons and unsealed after delivery.
“Force Majeure” means, for the purposes of these Terms and Conditions, the existence of any contingency, circumstance or cause beyond the control of the party invoking it, including but not limited to: imposition or compliance with any law, regulation, decree, order or request of any authority (national, regional or local), confiscation, riot, war, disturbances, fire, flood, earthquake, storms, explosions, strikes, lockdowns, pandemics or similar, machinery or factory shutdowns, inability to obtain raw materials, equipment, diesel or transport.
If due to Force Majeure either party cannot fulfil any obligation of the purchase order, such party is exempt from compliance, provided it notifies the other party of the start and nature of the Force Majeure situation. The invoking party must notify once the cause has ended.
In any Force Majeure situation beyond the User’s control that may limit, prevent or hinder the purchase, import, delivery or resale/export of the products, the User may request the postponement of shipment or delivery.
Neither party may assign the rights and obligations of the Purchase Order without the other party’s written consent, except that parties may assign it, with prior notice, to any company within their business group (understood as defined in Article 42 of the Spanish Commercial Code).
Any cost, expense, tax withholding, duty, fee or surcharge arising in connection with the purchase order shall be borne by the legally responsible party.
For proper execution of the purchase order, the User appoints the person indicated therein as their representative. Likewise, the Seller shall appoint a competent person in writing for coordination, typically the person issuing the quotation.
By using this Website, the User agrees that most communications will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to this electronic means and acknowledges that all contracts, notices and other communications comply with legal writing requirements. This does not affect the User’s legal rights.
The User may send notifications using the contact details provided in these Terms and Conditions or the Website contact areas.
Unless otherwise stated, notifications may be sent to the User’s email or postal address provided.
The personal data provided by the User shall be part of the Seller’s supplier database, for the purposes of maintaining the contractual relationship, managing purchases and payments.
The Seller shall treat such data with the utmost confidentiality, and undertakes not to use it for any purpose other than that for which it was collected, as well as to apply appropriate security measures.
The Seller undertakes to maintain professional secrecy regarding the User’s personal data, even after the contractual relationship ends.
The User may exercise their rights of access, rectification, cancellation and opposition by sending a written communication to: info@vitiumpistachios.com
The User may submit complaints, claims or comments using the contact details provided at the beginning of these Terms and Conditions.
Official complaint forms are available to consumers upon request at any time.
If a dispute arises from this purchase contract, the User as a consumer may seek out-of-court dispute resolution in accordance with Regulation (EU) 524/2013. Access this method at: https://ec.europa.eu/consumers/odr/
If any provision or part thereof is legally invalid, the remaining terms shall remain unaffected.
In case of discrepancy between the Spanish version and any other language, the Spanish version shall prevail.
This relationship shall be governed by Spanish law.
The parties expressly waive any other jurisdiction to which they may be entitled and agree to submit any disputes to the courts of the city of Madrid.
