1.GENERAL
1.1 Scope. Welcome to JAMONES ALJOMAR, S.A. Iberian Pork Products Production Plant. These Terms and Conditions ("Agreement" or "Terms") is a contract between you and JAMONES ALJOMAR, S.A. Registered address in polígono industrial 1-2 de Guijuelo -Salamanca- Registro Mercantil de la localidad de Salamanca, en la hoja SA-790, tomo 28, folio 122. C.I.F. A37200698 (hereinafter "JAMONES ALJOMAR", "we" or "our"), which controls the use of our website at www.aljomar.es (the "Site"), any mobile application ("Applications") that makes a hyperlink to this Agreement, or any other website, pages, features or content owned and operated by us, which hyperlinks to this Agreement (hereinafter, the Web and Applications, the "Services").
When accessing or using the Services in any way, including, among others, visiting or browsing the Web, downloading mobile applications, registering an account or contributing content or other materials to the Web or in or through the Applications, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the Services if you agree to comply with all applicable laws and these Terms.
In addition, you can read our Privacy and Cookies Policy at any time, to obtain more information about how JAMONES ALJOMAR collects, stores and protects your information when you use our Services. Our Privacy and Cookies Policy is included by reference in these Terms and Conditions as fully established in this document.
1.2 Updates. We reserve the right to modify the Terms of Use, including the Privacy and Cookies Policy, at any time, and at our own criteria. If we modify the material terms of this Agreement, such modification will be effective after we send you a notice of the modified agreement. Such notification will be at our sole criteria, and the form of the notification may be, for example, by email, notification published on the Web or Applications, or otherwise.
If you do not stop using the Services after receiving notification of the modification, this will constitute your acceptance of the modified terms.
1.3 Acceptance of Terms. To buy from us, you must be at least 16 years old. Any access, navigation or use of the Services indicates your acceptance of all the terms and conditions of this Agreement. If you disagree with any part of the Terms, you must immediately suspend access to or use of the Services. Please read this Agreement carefully before continuing.
If you have any questions about these Terms and Conditions or our Privacy and Cookies Policy, you can contact us at any time at jamones@aljomar.es or as described in the "Contact us" section below.
2. USE OF SERVICES
2.1 Representations. By using our Services, you agree to the processing of information and details, and declare that all information and details provided are true. You represent and warrant that you are at least 16 years old or visit the Services under the supervision of a parent or guardian. Under the Terms and Conditions of this Agreement, JAMONES ALJOMAR grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services, displaying them in your Internet browser, on our website or on your mobile devices , for our Applications, only for the purpose of purchasing personal items sold on the Web or Applications and not for any commercial use or use on behalf of third parties, except as explicitly permitted by JAMONES ALJOMAR in advance. Any non-compliance of this Agreement will lead to the immediate revocation of the license granted in this paragraph without prior notice.
2.2 Limitation of Use. Except as permitted in the preceding paragraph, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works, translate, modify, reverse engineer, disassemble, decompile or exploit the Services or any part of they, unless expressly permitted by JAMONES ALJOMAR. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another company, unless JAMONES ALJOMAR explicitly allows this in advance. JAMONES ALJOMAR reserves the right to reject the service, cancel accounts and / or cancel orders at its discretion, including, among others, if we believe that the customer's conduct violates the applicable law or is harmful to our interests.
You will not upload, distribute or publish through the Services any content, information or other material that: (a) violates or infringes the copyright, patents, trademarks, service marks, trade secrets or other property rights of any person ; (b) is defamatory, threatening, obscene, indecent, pornographic, or could produce any civil or criminal liability under local or international law; or (c) includes flaws, logic bombs, viruses, worms, hatches, Trojans, or other code, material, or properties that are malicious or technologically harmful. JAMONES ALJOMAR may assign you a password and account identification to enable you to access and use certain parts of the Services.
In addition, you agree not to:
· Using the Services for purposes that are illegal or that may violate federal, state, local or international laws and regulations;
· Taking part in any conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as we determine, may harm us or others using the Services or expose them to liability;
· Use the Services in any way that may disable, overload, damage or harm the Web or the Applications or the use of the Services by third parties;
· Using any robot or other automated device, process, or means to access the Service for any purpose;
· Use the Services to distribute unsolicited promotional or commercial content, or request other people to use the Services for commercial purposes;
· Try to interfere in the proper functioning of the Service.
2.3 Creation and Cancellation of Accounts. To access some features available on the Services, you will need to create an account. You cannot use someone else's account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website or Applications in a manner consistent with the Terms and Conditions of this Agreement, and JAMONES ALJOMAR has no obligation to investigate the authorization or source of such access or use of the Services.
You will be solely responsible for all access and use of the Services by anyone using the password and identification originally assigned to you, regardless of whether such access and use of this Website is truly authorized by you, including, among others, all communications and transmissions, and all obligations (including, among others, financial obligations) contracted through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must immediately notify JAMONES ALJOMAR of any unauthorized use of your password or identification or any other violation or threat of violation of the Web or the security of the application.
Occasionally, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages.
We may cancel your access to the Services at any time, at our sole discretion, without reason or notice, or if we believe you have breached these Terms. You can cancel your account at any time, for any reason, by following the instructions within the Web or the Application, or by contacting us as described in the "Contact Us" section below.
2.4 Customs. In accordance with customs regulations, customers must provide valid and accurate data. All recipient names, addresses, and names must be valid. Certain countries require the recipient to present their ID or passport to release the package or for payment verification purposes. The customer is solely responsible for the accuracy of the data they provide us. In the event that any information is incorrect, and that hinders any shipping or delivery or customs clearance, we will not be responsible and will not offer any compensation in such cases. As importers, customers are responsible for complying with all laws and regulations in their own countries. See our Privacy and Cookie Policy for more information.
3. PRIVACY AND COOKIES POLICY
When you use our Services and place orders through them, you agree to provide us with your email address, postal address and / or other contact information truthfully and accurately. You also agree that we may use this information to contact you in the context of your order if necessary.
We respect your right to privacy. To see how we collect and use your personal information, including how to unsubscribe from our non-transactional communications, see our Privacy and Cookie Policy.
4. ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a user of our Services, you can modify them in the "My account" section. In any case, you can correct errors related to the personal data provided during the purchase process, by contacting us, as well as exercising the right of rectification contemplated in our Privacy and Cookies Policy through our Website and Applications. The Services display confirmation boxes in various sections of the purchasing process, which do not allow the order to continue if the information in these sections has not been provided correctly. In addition, the Services offer details of all the items that you have added to your shopping basket during the purchase process, so that before making payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or the email address mentioned above to correct the error.
While JAMONES ALJOMAR strives to provide accurate product and price information, pricing errors or typographical errors may occur. JAMONES ALJOMAR cannot confirm the price of an item until after placing your order. In the event that an item appears on a list with an incorrect price or with incorrect information due to an error in the price or in the product information, JAMONES ALJOMAR will have the right, in our sole criteria, to reject or cancel any order made for that article. In the event that an item is priced incorrectly, we may, at our discretion, contact you for instructions or cancel your order and notify you of such cancellation.
5. TRADE STANDARDS
5.1 Price and Payment. All prices include VAT (when applicable) at the rate corresponding to the country of receipt and are correct when entering information into the system. If for any reason we are unable to ship your products, the value of the items not shipped will be refunded to your wallet, within your JAMONES ALJOMAR Account or the original payment method.
No price includes shipping costs, except for orders over € 70.
Prices may change at any time, but (apart from what is stated above), the changes will not affect the orders for which we have sent an Order Confirmation.
Once you have selected all the items you want to buy, they will be added to your cart. The next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. In addition, during the entire purchase process, before payment, you can modify the details of your order. A detailed description of the buying process is provided in the Shopping Guide. Also, if you are a registered user, a record of all orders placed by you is available in the "My Account" area. You can use the following cards as payment method: Visa, Mastercard, American Express, Paypal.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we request a prior authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click on "Authorize payment", you confirm that the credit card is yours. Credit cards are subject to verification and authorization by the card issuer. If the entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to conclude any contract with you.
5.2 Packaging. Unless otherwise stated, we will comply only with the minimum packaging standards for the selected transportation method. The cost of all special packaging, cargo or reinforcements requested by you will be paid by you.
5.3 Shipping and Delivery. JAMONES ALJOMAR delivers the orders within 48 hours after placing the orders. However, sometimes during peak sales periods, deliveries may take longer. Please note that Saturdays and Sundays are not considered business days. If you have not received your delivery in 48 hours, please contact our Customer Service at pedidos@aljomar.es.
5.4 Risk of Loss. Delivery to the carrier will constitute delivery to the Buyer, and subsequently the risk of loss or damage will pass to the Buyer. Any claim by the Buyer, regarding damage during shipping or delivery, must be made directly to the carrier. Any claim of the Buyer against JAMONES ALJOMAR for shortage or damage, which occurs before said delivery to the carrier, must be made within five (5) days after receipt of the goods and accompanied by the original transport invoice signed by the carrier , indicating that the carrier received the goods from JAMONES ALJOMAR in the claimed condition. Despite of the transmission of the risk of loss to the Buyer, the title and the right of possession of the goods sold, will remain with JAMONES ALJOMAR until all payments, including dissuaded payments evidenced by notes or otherwise, interest , the transportation charges have been made in cash, and the Buyer agrees to do all the necessary acts to perfect and maintain said right and title in JAMONES ALJOMAR.
5.5 Returns. Goods can be returned within the designated period. The exact return period and return policy differ from country to country. Please contact our customer service for all the detailed information about the exact return period and return policy. Customers returning products are responsible for shipping charges.
For defective products, if a defect or damage is confirmed in the returned products, we will give you a full refund, including any charges you have accumulated for delivery and return. The refund will be paid to your JAMONES ALJOMAR account portfolio or to the original payment method.
5.6 Comments, Opinions and Requests. Unless otherwise indicated in this Agreement or in the Services, everything you send or publish in the Services and / or provided to JAMONES ALJOMAR, which includes, among others, images, videos, ideas, knowledge, techniques, questions, reviews, comments and suggestions (hereinafter "Submissions") are and will be treated as non-confidential and non-private, and by submitting or posting, you agree to irrevocably license the entry and all related intellectual property rights (excluding such moral rights as copyright) to JAMONES ALJOMAR free of charge and JAMONES ALJOMAR will have the free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works of such Submissions by any means and in any form, and to translate, modify, reverse engineer, disassemble or decompile such Submissions. All Shipments will automatically become the sole and exclusive property of JAMONES ALJOMAR and will not be returned to you, and you agree not to raise any dispute regarding the use of JAMONES ALJOMAR in the future.
You guarantee that your Submissions, in whole or in part, are clear and free from any infringement of intellectual property rights, disputes or claims of third parties. JAMONES ALJOMAR assumes no responsibility for the improper use of copyright or any other third party right by you. You agree to defend and indemnify JAMONES ALJOMAR against any loss caused by the use of the tickets for any purpose.
In addition to the rights applicable to any Presentation, when you post comments or reviews on the Web or the Applications, you also grant JAMONES ALJOMAR the right to use the name you send with any review, comment or other content, if applicable, in relation to such review, comment or other content. You represent and warrant that you own or control all rights to the reviews, comments, and other content that you post on this site, and that the use of your reviews, comments, or other content by JAMONES ALJOMAR will not infringe or violate the rights of any third party. You must not use a false email address, pretend to be someone other than yourself, or deceive JAMONES ALJOMAR or third parties as to the origin of the Submissions or content. JAMONES ALJOMAR can, but will not be obliged to delete or edit any Presentation (including comments or reviews) for any reason.
6. INTELLECTUAL PROPERTY
6.1 Content. The Web and Apps, including all their information and content, such as text, software, scripts, graphics, photos, sounds, music, videos and interactive features (hereinafter, "Content"), belong to JAMONES ALJOMAR or to those who grant us the license of its use. You may use the Content only to the extent that we or the licensors of use expressly authorize it.
6.2 Trademarks JAMONES ALJOMAR. Furthermore, the "JAMONES ALJOMAR" trademarks, service marks, icons, graphics, words, designs and logos contained therein ("Trademarks") are the property of JAMONES ALJOMAR. You do not have or will acquire any right, title or interest in any of the Marks.
6.3 Rights Reserved. The content of the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed or exploited in any way, for any other purpose, without prior written consent. of JAMONES ALJOMAR or the respective owners or licensors. We reserve all rights not expressly granted in and on the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, opinions or other information about the Services that you have provided to us are not confidential and will become the exclusive property of JAMONES ALJOMAR.
You agree not to participate in the use, copy, or distribution of any Content other than that expressly permitted in this document. You agree not to circumvent, disable or otherwise interfere with the security-related functions of the website or the functions that prevent or restrict the use or copying of any Content, or impose limitations on the use of the website or its Content.
7. THIRD PARTY LINKS AND RESOURCES
Our website and our applications may contain links to third party sites that are not owned or controlled by us.
We have no control over these links, assume no responsibility, and do not endorse or verify the content, privacy policies, or practices of third-party websites or services. We do not guarantee or represent the accuracy, veracity, integrity or timeliness of any content published on the Web or our Applications by anyone other than us. We strongly recommend that you read all the Third Party Terms and Conditions and the Privacy Policies.
8. EVENTS OUT OF OUR CONTROL
We are not responsible for any default or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events beyond our reasonable control ("Force Majeure"). Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control, including, but not limited to, the following:
· Strike, lockout or other forms of protest.
· Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat, or preparation for war.
· Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
· Inability to use trains, boats, planes, motorized transport or other means of transport, public or private.
· Inability to use public or private telecommunications systems.
· Acts, decrees, legislation, regulations or restrictions of any government or public authority.
· Strike, breakdown or accident in maritime or river transport, postal transport or any other type of transport.
It should be understood that our obligations derived from the Terms or other contracts are suspended during the period in which Force Majeure remains in force, and we will be granted an extension of the period in which to fulfill these obligations for a period of time equal to the duration of the situation of Force Majeure. We will provide all reasonable resources to end the Force Majeure situation, or to find a solution that enables us to fulfill our obligations under the Terms or other contracts despite the Force Majeu
9. RESPONSABILITY FOR PURCHASED PRODUCTS, DISCLAIMER, AND STATUTORY CONSUMER RIGHTS
9.1 Responsibility JAMONES ALJOMAR. Unless expressly stated otherwise in these Conditions, our liability with respect to any product purchased on our website will be strictly limited to the purchase price of such product. Notwithstanding the foregoing, our liability will not be exempted or limited in the following cases:
· In the event of death or personal injury caused by our negligence;
· In case of fraud or fraudulent deception; or
· In any case where it is illegal or unlawful to exclude, limit or attempt to exclude or limit our liability.
9.2 Disclaimer. Despite the preceding paragraph, and to the extent legally permitted, and unless these Terms indicate otherwise, we will not accept any responsibility for the following losses, regardless of their origin:
· Loss of income or sales;
· Operating loss;
· Loss of earnings or contracts;
· Loss of expected savings;
· Data loss; and
· Loss of commercial or management time.
9.3 Guarantees. Due to the open nature of the Services and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through the Services, unless expressly stated otherwise in services. All product descriptions, information, and materials displayed on the Services are provided "as is," without express or implied warranties or conditions, except as legally provided. In this sense, if you are hiring as a consumer or user, we are obliged to deliver products that are in accordance with the mutually anticipated transaction, in accordance with reasonable commercial expectations, being liable to you for any lack of conformity that exists at the time of delivery. The products are understood to be in compliance with the transaction or the intended purchase if: (i) they comply with the description provided by us and possess the qualities that we have presented on this website; (ii) they are fit for the purposes for which goods of this type are normally used; (iii) show the quality and performance that are normal in products of the same type and that can reasonably be expected, to the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that cannot be legitimately excluded.
10. LIMITATION OF RESPONSABILITY
PLEASE READ THIS SECTION CAREFULLY TO KNOW THE LIMITS OF LIABILITY THAT JAMONES ALJOMAR HAS WITH YOU.
· (1) BY USING THE SERVICES PROVIDED BY JAMONES ALJOMAR, YOU ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE WEB AND MOBILE APPLICATIONS, "AS IT IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR OTHERWISE IMPLIED. WITHOUT LIMITING THE FOREGOING, HAMS ALJOMAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLIANCE, ERROR-FREE OR UNINTERRUPTED SERVICE, FITNESS FOR A SPECIFIC PURPOSE OF USE OR USE.
· (2) WE DO NOT COMMIT TO THIS REGARD AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING AND / OR ANY OTHER THINGS PROVIDED BY THIRD PARTIES THAT ARE ACCESSIBLE THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY THAT IT FINDS IN RELATION TO THE USE OF THE SERVICES.
· (3) YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, JAMONES ALJOMAR SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HAM ENTITIES ALJOMAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPT DAMAGE, LOSS OF BENEFITS, INTERRUPTION, OR LOSS (EVEN IF EXPECTED) THAT ARISE IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE SERVICES.
· (4) YOUR ONLY REMEDY FOR UNSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY COMPLETELY OR IN PART.
11. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts through said website are governed by the laws of Spain. If you have a contract as a client, nothing in this Clause will affect your legal rights, as recognized in any applicable legislation in this area.
12. CONTACT US
Your questions and comments about privacy and its terms are always welcome. You can contact us at any time, sending an email to pedidos@aljomar.es.
13. SAFETY
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized data access. To achieve these ends, the user / client agrees that the provider obtain data for the effect of the corresponding authentication of the access controls.
14. DATA PROTECTION
JAMONES ALJOMAR informs the user that the treatment of all personal data is carried out in accordance with the provisions of Ley Orgánica 15/1999, de 13 de diciembre de Protección de Datos y con el Real Decreto 1720/2007, de 21 de diciembre, which approves the Reglamento de desarrollo de la Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter personal.