Terms of service
GENERAL CONDITIONS OF CONTRACT
GENERAL INFORMATION
The ownership of this website, https://deliciasgourmetgroup.shop/, (onwards, Website or ALKYMIA DELICIAS S.L) holds it: ALKYMIA DELICIAS S.L with CIF: B-93195170 and registered in CALLE YEDRA, 15, 29660, MARBELLA, MÁLAGA,
and their registration data is _____________________ and whose contact information is:
info@deliciasgourmetgroup.shop
951 398 618
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (https://deliciasgourmetgroup.shop) and the purchase or acquisition of products
and / or services in it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that ALKYMIA DELICIAS S.L developed through the Website includes:
sale of food products.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy policy and data protection of ALKYMIA DELICIAS S.L.
By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if they do not agree with everything Therefore, you should not use this Website.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the time the purchase of products and / or services are requested will be applicable.
For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. THE USER
Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding regulations
mandatory legal compliance depending on the case.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
● Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
● Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
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Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed mainly at Users residing in Spain. ALKYMIA DELICIAS S.L does not ensure that the Website complies with the laws of other countries, either totally or partially.
ALKYMIA DELICIAS S.L declines any responsibility that may arise from said access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at their choice, with ALKYMIA DELICIAS S.L the contract for the sale of the products and / or services desired in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure ALKYMIA DELICIAS S.L,
during which several products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on:
"FINISH ORDER".
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Next, the User will receive an email confirming that ALKYMIA DELICIAS S.L You have received your order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the
User through their personal connection space to the Website.
Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email. And, where appropriate, through your personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it to ALKYMIA DELICIAS S.L using the
contact spaces on the Website or through the contact details provided above.
The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and which are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and / o cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each
case.
Unless expressly stated otherwise ALKYMIA DELICIAS S.L It is not the manufacturer of the products sold or that could be marketed on the Website. While ALKYMIA DELICIAS S.L makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and / or materials and / or components of the products may
contain additional or different information from that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions that accompany the product.
Communications, purchase orders and payments involved during transactions
made on the Website could be filed and preserved in the computerized records of
ALKYMIA DELICIAS S.L In order to constitute a means of proof of transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account the LOPD and the rights that assist the Users in accordance with the privacy policy of this Website (Legal Notice and Conditions
General Use).
4. AVAILABILITY
All purchase orders received by ALKYMIA DELICIAS S.L through the Website are subject to the availability of the products and / or to no circumstance or force majeure (clause
nine of these Conditions) affect the supply thereof and / or the provision of services. Yes
Difficulties occur in the supply of products or there are no products in stock, ALKYMIA DELICIAS S.L undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless, due to legal requirements, especially in relation to VAT, a different question is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. So, ALKYMIA DELICIAS S.L performs delivery and / or shipping services to
through ALKYMIA DELICIAS S.L.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, and Bank transfer.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, ALKYMIA DELICIAS S.L will not be
responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once ALKYMIA DELICIAS S.L receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the
send the User the confirmation of shipment and / or confirmation of the service provided in the form and, where appropriate, established place.
In any case, by clicking on "FINISH ORDER"
The User confirms that the payment method used is his or that, where appropriate, is the legitimate owner of the gift card or credit card.
The purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the system of payments used by ALKYMIA DELICIAS S.L for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.
Through this payment method, the User must ensure that he correctly enters the amount
the exact purchase order, as well as the account number and the transfer reference. In case of error, ALKYMIA DELICIAS S.L You will not be able to validate the order, which will be canceled.
6. DELIVERY
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made in the following territory: Spain (Peninsula and Balearic Islands).
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated in the
Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, which is attributable to you, ALKYMIA DELICIAS S.L could not meet the delivery date, will contact the User to inform him of this circumstance and, he may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order could be
returned to warehouse. However, the carrier would leave a notice explaining where the
order and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, they must contact ALKYMIA DELICIAS S.L to arrange delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and there is no
been delivered for reasons not attributable to ALKYMIA DELICIAS S.L, ALKYMIA DELICIAS S.L understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the
additional expenses resulting from the User's own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which that the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires
the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when ALKYMIA DELICIAS S.L receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount being paid by ALKYMIA DELICIAS S.L.
In accordance with the provisions of Law 37/1992, of December 28, on Value Tax
Added (VAT), purchase orders for delivery and / or provision 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.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is made aware that in the event that it detects that an error has occurred when
enter data necessary to process your purchase request on the Website, you can modify them by contacting ALKYMIA DELICIAS S.L Through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the
customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User at
through your personal connection space to the Website.
In any case, the User, before clicking on "FINISH ORDER",
You have access to the space, cart, or basket where your purchase requests are noted and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in the
Organic Law 15/1999, of December 13, on the Protection of Personal Data.
8. RETURNS
In the cases in which the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the acquired goods.
on the Website of ALKYMIA DELICIAS S.L or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify his decision to ALKYMIA DELICIAS S.L.
You can do so, where appropriate, through the contact spaces provided on the Website or through
from:
By post: ALKYMIA DELICIAS S.L, CALLE YEDRA 15, 29660, MARBELLA, MÁLAGA.
Via email: info@deliciasgourmetgroup.shop
By telephone: 951 398 618
The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that ALKYMIA DELICIAS S.L put his
provision as part annexed to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, ALKYMIA DELICIAS S.L will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the less expensive method offered on the Website) without any undue delay and, in all case, no later than 14 calendar days from the date on which ALKYMIA DELICIAS S.L is informed of the decision to withdraw by the User.
ALKYMIA DELICIAS S.L will reimburse the User using the same payment method used by this
to complete the initial purchase transaction. This refund will not generate any additional cost to
User. However, ALKYMIA DELICIAS S.L you could withhold the refund until you have received
the products or items of the purchase, or until the User presents a proof of the return
of the same, according to which condition is met first.
The User can return or send the products to ALKYMIA DELICIAS S.L in:
ALKYMIA DELICIAS S.L, CALLE YEDRA 15, 29660, MARBELLA, MÁLAGA.
And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which ALKYMIA DELICIAS S.L was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery)
of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, the
characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated
in article 103 of Royal Legislative Decree 1/2007, of November 16, approving the
Consolidated text of the General Law for the Defense of Consumers and Users and other laws
complementary. By way of example, and not exhaustively, this would be the case of: products
personalized; products that can deteriorate or expire quickly; Music CDs / DVDs or
video without its packaging, as it is sealed at the factory; products that for reasons of hygiene or
health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract in this
Website, as this same Law establishes that the Right of withdrawal will not assist Users
when the provision of the service has been fully executed, or when it has begun, with
the express consent of the consumer and user and with the acknowledgment on their part that it is
aware that, once the contract has been fully executed by _____________,
You will have lost your right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening
of the same, of products that are not in the same conditions in which they were delivered or that
have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the
instructions and other documents that accompany them, as well as a copy of the invoice
shopping.
In the following link you can download the withdrawal form model:
______________________________________________________________________________
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they must
get in touch with ALKYMIA DELICIAS S.L immediately and let you know the disagreement
existing (defect / error) by the same means or using the contact details provided in
the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these,
once returned, they will be examined and the User will be informed, within a reasonable time, if
the reimbursement or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within
within 14 days of the date on which we send you an email confirming that
The refund or replacement of the non-compliant item proceeds.
The amount paid for those products that are returned due to a defect, when
really exists, it will be fully reimbursed, including delivery costs and costs in which
the User could have incurred to make the return. The refund will be made by the same
means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force in each
moment for the User, as consumer and user.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that may
acquire through this Website, in the legally established terms for each type of
product, responding ALKYMIA DELICIAS S.L, therefore, due to the lack of conformity of the same
that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that:
conform to the description made by ALKYMIA DELICIAS S.L and possess the qualities presented
in the same; are suitable for the uses to which the products of the same are ordinarily destined
kind; and present the usual quality and benefits of a product of the same type and that are
fundamentally expected of it. When this is not the case for the products
delivered to the User, the latter must proceed as indicated in the Return of
defective products or shipping error. However, some of the products
marketed on the Website, they could present non-homogeneous characteristics as long as
These derive from the type of material with which they have been manufactured, and therefore will be part of the
individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires a product from
a brand or manufacture by a third party. In this case, and considering the User that it is a
defective product, it also has the possibility to contact the brand or
responsible manufacturer of the product to find out how to exercise your statutory warranty right
directly in front of them during the two years following the delivery of said products.
For this, the User must have kept all the information in relation to the guarantee of the
products.
9. DISCLAIMER OF LIABILITY
Except for legal provision to the contrary, ALKYMIA DELICIAS S.L You will not accept any responsibility for the following losses, regardless of their origin:
● Any losses that were not attributable to any default on your part.
● Business losses (including lost profits, income, contracts, savings
data, loss of goodwill or unnecessary expenses incurred).
● Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
Equally, ALKYMIA DELICIAS S.L also limits your liability in the following cases:
● ALKYMIA DELICIAS S.L applies all measures concerning providing a visualization
faithful of the product on the Website, however it is not responsible for the minimum
differences or inaccuracies that may exist due to lack of resolution of the screen, or problems with the browser that is used or others of this nature.
● ALKYMIA DELICIAS S.L will act with the utmost diligence in order to make available to the
company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport
especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
● Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for reasons of
maintenance or others that prevent the service from being available. ________________ puts all the means at its disposal in order to carry out the purchase, payment and shipping / delivery process
of the products, however it is exempt from liability for causes other than
attributable, fortuitous event or force majeure.
● ALKYMIA DELICIAS S.L will not be responsible for the misuse and / or wear of the products
that have been used by the User. At the same time, ALKYMIA DELICIAS S.L nor will it be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
● In general, ALKYMIA DELICIAS S.L will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to
events that are beyond our reasonable control, that is, due to
Cause of force majeure, and this may include, but not limited to:
o Strikes, lockouts or other protest measures.
o Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or
no) or threat or preparations for war.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or
any other natural disaster.
o Impossibility of using trains, boats, airplanes, motor transport or other
means of transport, public or private.
o Impossibility of using public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or
public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and ALKYMIA DELICIAS S.L will have an extension in the term to comply with them for a period of time equal to the duration of the force majeure.
ALKYMIA DELICIAS S.L will use all reasonable means to find a solution that allows us to fulfill our obligations despite force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with ALKYMIA DELICIAS S.L are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that ALKYMIA DELICIAS S.L
send electronically meet the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with ALKYMIA DELICIAS S.L Through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, ALKYMIA DELICIAS S.L You can contact and / or notify the User by email or at the postal address provided.
11. WAIVER
No waiver of ALKYMIA DELICIAS S.L to a specific right or legal action or the lack of requirement by ALKYMIA DELICIAS S.L The strict compliance by the User of any of their obligations will mean,
nor a waiver of other rights or actions derived from a contract or the Conditions, nor will the User exonerate the fulfillment of their obligations.
No waiver of ALKYMIA DELICIAS S.L to any of these Conditions or to the rights or
actions derived from a contract will take effect, unless it is expressly established that it is
a resignation and it is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute
the entire agreement between the User and ALKYMIA DELICIAS S.L in relation to the object of sale and replace any other agreement, agreement or promise previously agreed
verbally or in writing by the same parties.
The User and ALKYMIA DELICIAS S.L acknowledge having consented to the conclusion of a contract without having
relying on any statement or promise made by the other party, except what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to ALKYMIA DELICIAS S.L in the course of
a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using
the Website the User consents to the processing of said information and data and declares that all the information or data provided are true.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to access,
navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the
sales contracts between ALKYMIA DELICIAS S.L and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to ALKYMIA DELICIAS S.L your complaints, claims or any other comment that
wish to do so through the contact information provided at the beginning of these Conditions
(General information).
Further, ALKYMIA DELICIAS S.L has official complaint forms available to consumers and users, and that they can request from ALKYMIA DELICIAS S.L at any time, using the data
contact details provided at the beginning of these Conditions (General Information).
Likewise, if the conclusion of this purchase contract between ALKYMIA DELICIAS S.L and the User will emanate a dispute, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matter. You can access this method through the website: http://ec.europa.eu/consumers/odr/.