Terms and Conditions of Sale

General Information

The ownership of this website https://zallo.com/ (hereinafter, the Website) belongs to: CONSERVAS ZALLO, with Tax Identification Number (CIF): A48088215, registered in the Commercial Registry of Bizkaia; registry details: Volume 807, Book 507 of section 3 of companies, Page 175, Sheet 5.115. Contact details are:

• Address: Polígono de Landabaso s/n, 48370, Bermeo, Bizkaia, Spain
• Phone: (+34) 946186318
• Email: comercial@zallo.com

This document (as well as other documents referred to herein) governs the conditions for using this Website (https://zallo.com/) and the purchase or acquisition of products and/or services through it (hereinafter, the Conditions).

For the purposes of these Conditions, the activity carried out by ZALLO through the Website includes: Marketing and distribution of canned fish and seafood products.

In addition to reading these 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 Privacy Policy of ZALLO. By using this Website or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and the aforementioned policies; if the User does not agree with them, they should not use this Website.

These Conditions may be amended. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the applicable terms will be those in force at the time a product and/or service is requested.

For any questions related to these Conditions, the User may contact the owner using the contact information provided above or via the contact form.

The User

Access to, browsing and use of the Website confers the status of user (hereinafter referred to individually as the “User” and collectively as the “Users”), implying full acceptance, from the moment browsing begins on the Website, of all the provisions set forth in these Terms and Conditions, as well as any subsequent amendments thereto, without prejudice to the application of any mandatory legal regulations as applicable in each case.

The User undertakes to make proper use of the Website. This responsibility shall extend to:

• Using this Website solely to make legally valid enquiries and purchases or acquisitions.
• Not placing any false or fraudulent orders. Should there be reasonable grounds to believe that such an order has been placed, it may be cancelled, and the relevant authorities informed.
• Providing accurate and lawful contact information, such as an email address, postal address and/or other details (see Legal Notice and General Terms of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. ZALLO does not guarantee that the Website complies with the laws of other countries, either wholly or partially. ZALLO disclaims any liability that may arise from such access and does not guarantee shipments or the provision of services outside Spain.

The User may conclude a sales contract for the desired products and/or services with ZALLO in any of the languages in which these Terms and Conditions are available on the Website.

Purchase Process

Users may purchase products on the Website through the methods and procedures established therein. To do so, they must follow the online purchasing and/or acquisition process available at https://zallo.com/, during which various products and/or services can be selected and added to the shopping cart or final checkout area, and finally click on: “PLACE ORDER”.

Likewise, the User must fill in and/or verify the information requested at each step. During the purchasing process and before payment is made, the User may modify the purchase details.

Subsequently, the User will receive an email confirming that ZALLO has received their order or purchase request and/or service provision – this will constitute the order confirmation. If applicable, the User will also be informed via email once the order has been dispatched. This information may also be made available in the User’s personal account area on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice, which will be sent to the User by email and, where applicable, made available in their personal account area on the Website. The User may also request a paper copy of the invoice from ZALLO by contacting the company using the Website’s contact options or the details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions related to the product and/or service in question, which are displayed alongside its presentation or image on the Website. These conditions include, but are not limited to: name, price, components, weight, quantity, colour, product details or characteristics, the method of service provision and/or associated costs. The User acknowledges that placing an order implies full and complete acceptance of the specific sales conditions applicable in each case.

All communications, purchase orders, and payments made during transactions carried out on the Website may be stored and retained in ZALLO’s electronic records for the purpose of serving as proof of transactions. In all cases, this shall be done in compliance with reasonable security conditions and the applicable laws and regulations, particularly with regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, as well as the rights afforded to Users under the Website’s Privacy Policy.

Availability

All purchase orders received by ZALLO through the Website are subject to the availability of the products and/or to any circumstances or force majeure events (as defined in Clause Nine of these Terms and Conditions) that may affect the supply of the products and/or the provision of services. Should difficulties arise in relation to the supply of products or should any item be out of stock, ZALLO undertakes to contact the User and refund any amount that may have been paid. The same shall apply in cases where the provision of a service becomes unfeasible

Prices and Payment

The prices displayed on the Website are final prices, shown in Euros (€), and include taxes, unless otherwise indicated and unless required by law, particularly with regard to VAT.

Shipping costs are included in the final prices of the products as displayed on the Website. Accordingly, ZALLO carries out delivery and/or shipping services via: SEUR.

Under no circumstances shall the Website automatically add additional costs to the price of a product or service, except for those chosen voluntarily and freely by the User.

Prices may be modified at any time, but such changes shall not affect orders or purchases for which the User has already received an order confirmation.

The accepted methods of payment shall be: credit or debit card, and bank transfer.

In addition, the User may pay all or part of the purchase price using a gift card and/or credit voucher issued by CONSERVAS ZALLO.

ZALLO uses all means to ensure the confidentiality and security of the payment details transmitted by the User during transactions via the Website. To this end, the Website uses a secure payment system via SSL (Secure Socket Layer).

Credit cards shall be subject to verification and authorisation by the issuing financial institution. If such entity does not authorise the payment, ZALLO shall not be held responsible for any delay or failure to deliver and shall not be able to conclude any contract with the User.

Once ZALLO receives the User’s purchase order through the Website, a pre-authorisation shall be made on the corresponding card to ensure that sufficient funds are available to complete the transaction. The charge will be made when the shipment confirmation and/or confirmation of the provided service is sent to the User in the agreed manner and, where applicable, place.

If the payment method is a gift card or credit voucher, the charge will be made when ZALLO sends a confirmation of the order to the User.

In any case, by clicking “PLACE ORDER”, the User confirms that the payment method used is theirs or, where applicable, that they are the rightful holder of the gift card or credit voucher.

Purchase orders in which the User selects bank transfer as the payment method shall be reserved for 5 calendar days from the order confirmation to allow sufficient time for the transfer to be processed by ZALLO’s payment system. Once the system receives the transfer, the order shall be prepared and processed for shipment.

Using this payment method, the User must ensure that the exact amount of the purchase order is entered correctly, along with the account number and transfer reference. In case of error, ZALLO will be unable to validate the order, which will therefore be cancelled.

Delivery

Where the physical delivery of the contracted goods is applicable, deliveries shall be carried out within the territory of: Spain (Mainland).

Except in cases of unforeseen or extraordinary circumstances, or where delivery is delayed due to the personalisation of products, the order comprising the products listed in each purchase confirmation shall be delivered within the period indicated on 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 the order confirmation.

If for any reason attributable to ZALLO, the delivery date cannot be met, the User shall be contacted and may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the amount paid. In any case, home deliveries are made on working days.

If delivery of the order proves impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is located and how it can be re-delivered.

If the User is not going to be present at the delivery location during the agreed time slot, they must contact ZALLO to arrange delivery on another day.

If 30 days have elapsed since the order became available for delivery and it has not been delivered for reasons not attributable to ZALLO, ZALLO shall assume that the User wishes to withdraw from the contract and it shall be considered terminated. As a consequence of the termination, all payments received from the User shall be refunded, excluding any additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered on the Website, without undue delay and, in any event, within 14 calendar days from the date the contract is deemed terminated.

Nevertheless, the User should be aware that the transportation resulting from the termination may incur an additional cost, which may be charged to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order shall be deemed to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, as evidenced by the signature of the receipt at the agreed delivery address.

The risks of the products shall pass to the User upon delivery. The User shall acquire ownership of the products when ZALLO receives full payment of all amounts due in connection with the purchase, including shipping costs, or upon delivery if this occurs at a later time.

In accordance with Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders to be delivered or performed shall be deemed to be located within the territory of application of Spanish VAT if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that in force at the time according to the specific product.

Technical means to correct errors

Users are informed that, in the event of detecting an error when entering data necessary to process their purchase request on the Website, they may amend the same by contacting ZALLO through the contact areas provided on the Website and, where applicable, through those enabled for customer service contact and/or by using the contact details provided in Clause One (General Information). Such information may also be amended by the User through their personal login area on the Website.

In any case, before clicking “PLACE ORDER”, the User has access to the basket or cart space where their purchase requests are recorded and where modifications may be made.

Likewise, the User is referred to the Legal Notice and Terms of Use and, in particular, the Privacy Policy, for further information on how to exercise their right of rectification under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), and Organic Law 3/2018 of 5 December on Personal Data Protection and the Guarantee of Digital Rights.

Returns

If the User purchases products via the Website, they shall be entitled to a number of rights, as outlined below:

Right of Withdrawal

The User, as a consumer and user, is entitled to withdraw from the purchase made on the Website within 14 calendar days without providing any justification.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorised by them, other than the carrier, acquires material possession of the goods purchased on ZALLO’s Website or, in the case that the goods are delivered separately, 14 calendar days from the day on which the User or a third party authorised by them, other than the carrier, acquires material possession of the last item included in the same purchase order. In the case of a service contract, the period shall expire 14 calendar days from the date of the contract’s conclusion.

To exercise this right of withdrawal, the User must notify ZALLO of their decision. They may do so through the contact channels provided on the Website.

Regardless of the communication method used, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. The User may use the model withdrawal form provided by ZALLO as an annex to these Conditions, though its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication expressing the unequivocal decision to withdraw is sent before the expiry of the corresponding period.

In the event of withdrawal, ZALLO shall reimburse the User all payments received, including delivery costs (with the exception of additional costs incurred if the User has chosen a delivery method other than the least expensive method offered on the Website), without undue delay and in any case no later than 14 calendar days from the date on which ZALLO is informed of the User’s decision to withdraw.

ZALLO shall reimburse the User using the same means of payment used by the User to carry out the initial transaction. This refund shall not incur any additional cost for the User. However, ZALLO may withhold the refund until it has received the goods or the User has provided proof of return, whichever condition is met first.

The User may return or send the products to ZALLO at:
Polígono de Landabaso s/n, 48370, Bermeo, Bizkaia, Spain

This must be done without undue delay and, in any case, no later than 14 calendar days from the date on which ZALLO was informed of the withdrawal decision.

The User acknowledges being aware that they shall bear the direct cost of returning the goods (transport, delivery), if any. Additionally, they shall be responsible for any decrease in the value of the products resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that certain exceptions to the right of withdrawal exist, as provided in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users. By way of illustration and not limitation, this includes: personalised products; goods that may deteriorate or expire rapidly; unsealed CDs/DVDs; and items sealed for hygiene or health protection reasons that have been unsealed after delivery.

The same applies to service provision agreements entered into via the Website, where the right of withdrawal does not apply if the service has been fully performed or has commenced with the express consent of the consumer and their acknowledgment that they lose the right to withdraw once the contract has been fully executed.

In all cases, no refund shall be made if the product has been used beyond mere opening, if the products are not in the same condition in which they were delivered, or if they have been damaged after delivery.

Furthermore, the products must be returned using or including all original packaging, instructions and any other accompanying documentation, along with a copy of the purchase invoice.

The model withdrawal form can be downloaded at the following link: https://drive.google.com/file/d/17fcuYhyehc51zf7X4S92lnnb4K9qwONR/view?usp=sharing

Return of Defective Products or Errors in Delivery

These refer to all instances in which the User considers that, upon delivery, the product does not conform to the terms of the contract or purchase order. In such cases, the User must immediately contact ZALLO and notify them of the existing discrepancy (defect/error) through the same channels or using the contact details provided in the previous section (Right of Withdrawal).

The User shall then be informed of how to proceed with the return of the products. Once returned, they will be examined and the User shall be informed, within a reasonable period of time, whether a refund or, where appropriate, replacement is warranted.

The refund or replacement of the product shall be carried out as soon as possible and, in any case, within 14 days from the date on which we send the User an email confirming that the refund or replacement of the non-conforming item will be processed.

Amounts paid for products returned due to a genuine defect shall be refunded in full, including delivery charges and any costs incurred by the User in returning the item. The refund shall be made using the same payment method employed by the User to make the original purchase.

In all cases, the rights recognised under current consumer protection legislation shall apply to the User.

Warranties

The User, as a consumer and user, benefits from legally established warranties for the products that may be purchased via this Website. ZALLO is liable for any lack of conformity that becomes apparent within a period of two years from the date of product delivery.

In this regard, products shall be deemed to be in conformity with the contract provided that they:

• correspond to the description given by ZALLO and possess the qualities presented therein;
• are fit for the purposes for which products of the same type are ordinarily used;
• and present the quality and performance that is standard for goods of the same type and that may reasonably be expected.

If this is not the case with respect to the products delivered, the User must proceed as indicated in the Return of Defective Products or Errors in Delivery section.

Nevertheless, some of the products marketed on the Website may exhibit non-uniform characteristics, provided these derive from the nature of the materials used in their manufacture and form part of the individual appearance of the product. These shall not be considered defects.

Furthermore, if the User purchases on the Website a product manufactured by a third party or under a different brand, and considers the product to be defective, they may also contact the manufacturer or brand in question to determine how to exercise their legal warranty rights directly against the manufacturer, within two years from delivery. To this end, the User must have retained all relevant documentation relating to the product warranty.

Limitation of liability

Except as otherwise provided by law, ZALLO shall not be held liable for:

• any losses not attributable to a breach on its part;
• business losses (including loss of profits, income, contracts, anticipated savings, data, goodwill or unnecessary expenses);
• or any other indirect loss not reasonably foreseeable by both parties at the time the purchase agreement was concluded.

Furthermore, ZALLO limits its liability in the following situations:

• Although ZALLO undertakes to display products as accurately as possible on the Website, it is not responsible for minor differences or inaccuracies due to screen resolution, browser issues, or similar factors.
• ZALLO exercises due diligence in commissioning the carrier to transport the purchased goods. However, it accepts no liability for issues arising from transport malfunctions, such as strikes, roadblocks or other sector-specific issues leading to delays, losses or theft of the product.
• Technical failures or other unforeseen causes that may prevent normal operation of the Website or its services. This includes lack of availability due to maintenance. ZALLO shall make all reasonable efforts to ensure the purchase, payment and shipping processes function correctly, but is not liable for circumstances beyond its control or for force majeure.
• ZALLO is not responsible for misuse or wear and tear of products used by the User. Nor is ZALLO responsible for erroneous returns made by the User, who is responsible for ensuring the correct item is returned.

Generally, ZALLO shall not be held liable for any breach or delay in the performance of its obligations where such breach or delay arises from events beyond its reasonable control (force majeure). This includes, but is not limited to:

• Strikes, lockouts or other industrial action;
• Civil unrest, riots, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Inability to use railways, ships, aircraft, motor transport or other public or private means of transport;
• Inability to use public or private telecommunications systems;
• Acts, decrees, laws, regulations or restrictions of any government or public authority.

During the period of such force majeure, ZALLO’s obligations shall be suspended and the timeframe for performance shall be extended accordingly. ZALLO shall use all reasonable efforts to find a solution that allows it to fulfil its obligations despite the force majeure event.

Written communications and notifications

By using this Website, the User agrees that most communications with ZALLO shall be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent by ZALLO electronically comply with any legal requirement that such communications be in writing. This condition shall not affect the statutory rights of the User.

The User may send notifications and/or communicate with ZALLO using the contact details provided in these Terms and Conditions, and, where applicable, through the contact forms available on the Website.

Likewise, unless otherwise stipulated, ZALLO may contact and/or notify the User via email or at the postal address provided.

Waiver

No waiver by ZALLO of any specific legal right or action or the failure to require strict compliance by the User with any of their obligations shall constitute a waiver of any other rights or actions under a contract or these Conditions, nor shall it release the User from fulfilling their obligations.

No waiver by ZALLO of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

Severability

If any of the provisions of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in effect and shall not be affected by such declaration of invalidity.

Entire Agreement

These Conditions and any documents explicitly referred to herein constitute the entire agreement between the User and ZALLO in relation to the subject matter of the sale and supersede any other prior agreement, understanding or promise made orally or in writing between the parties.

The User and ZALLO acknowledge that they have entered into a contract without relying on any statement or promise made by the other party, except as expressly set out in these Conditions.

Data protecction

Any personal information or data provided by the User to ZALLO in the course of a transaction on the Website shall be processed in accordance with the Privacy Policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true and accurate.

Aplicable Law and Jurisdiction

Access to, navigation and/or use of this Website and the purchase agreements concluded through it shall be governed by Spanish law.

Any dispute, issue or disagreement arising from or related to access, use and/or navigation of the Website, or to the interpretation and performance of these Conditions, or to the contracts of sale between ZALLO and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

Complains and claims

The User may submit complaints, claims or any other comments to ZALLO using the contact details provided at the beginning of these Conditions (General Information).

Additionally, ZALLO has official complaint forms available to consumers and users, which may be requested at any time using the same contact details.

Furthermore, if a dispute arises from the purchase contract between ZALLO and the User, the User may request out-of-court resolution in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. This can be accessed via the following website: https://ec.europa.eu/consumers/odr/.

Last updated: 03/07/2022