General terms and conditions of sale
In this article
The ownership of this website https://zallo.com/, (hereinafter Website) is held by: CONSERVAS ZALLO, provided of CIF: A48088215 and registered in: Commercial Registry of Bizkaia; and whose registry data are: Volume 807, Book 507 of the 3rd section of companies, Folio 175, Page 5.115, and whose contact details are:
- Address: Polígono de Landabaso s/n, 48370, Bermeo, Bizkaia, Spain
- Contact telephone: (+34) 946186318
- Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (https://zallo.com/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that ZALLO develops through the Website comprises: Marketing and distribution of canned fish and seafood.
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 cookies policy, and the privacy and data protection policy of ZALLO. 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 Conditions and all of the above, so if you do not agree with all of them, you should not use this Website.
Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable. For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases. If such a purchase could reasonably be deemed to have been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. The Website is primarily intended for Users residing in Spain. ZALLO does not ensure that the Website complies with the laws of other countries, either in whole or in part. ZALLO disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain. The User may formalize, at its option, with ZALLO the contract of sale of products and / or services desired in any of the languages in which these Conditions are available on this Website.
Users can purchase on the Website by the means and ways established. They should follow the online purchase and/or acquisition procedure of https://zallo.com/, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “PLACE ORDER”. Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that ZALLO has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website. Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Also, the User may, if desired, obtain a copy of your paper invoice, requesting it to ZALLO using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by ZALLO through the Website are subject to the availability of products and / or that no circumstances or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. If difficulties arise in the supply of products or products are not in stock, ZALLO agrees to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes unfeasible.
Pricing and payment
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. Shipping costs are included in the final prices of the products as shown on the Website. Thus, ZALLO performs delivery services and / or shipping through: SEUR. In any case the Website will add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely. 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.
Accepted means of payment will be: Credit or debit card, Bizum and Bank Transfer.
In addition, the User may pay all or part of the purchase price with a gift card and / or a credit card issued by CONSERVAS ZALLO. ZALLO uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize payment, ZALLO will not be responsible for any delay or non-delivery and may not enter into any contract with the User.
Once ZALLO receives the purchase order from the User through the Website, a pre-authorization will be made in the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent confirmation of shipment and / or confirmation of the service provided in the manner and, where appropriate, place established. If the means of payment is gift card or credit card the charge will be made at the time ZALLO send a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking on “ORDER” the User confirms that the payment method used is his or her own, or that, if applicable, he or she is the legitimate holder of the gift card or subscription card.
Purchase orders or purchases in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by ZALLO for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, ZALLO will not be able to validate the order, which will be canceled.
In those cases in which physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula).
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified 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 order confirmation. If for any reason, which was attributable to it, ZALLO could not meet the delivery date, it will contact the User to inform him of this circumstance and the User may choose to proceed with the purchase by setting 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 User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again. If the User will not be at the place of delivery in the agreed time slot, you should contact ZALLO to arrange delivery on another day.
In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to ZALLO, ZALLO understand that the User wishes to withdraw from the contract and the contract shall be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of a delivery method other than the least expensive mode of ordinary delivery offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which 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 to the User. For the purposes of these Conditions, it shall be understood that delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of 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 time of delivery. The User acquires ownership of the products when ZALLO receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by ZALLO.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
Technical means to correct errors
The User is informed that in the event that it detects that an error has occurred when entering data necessary to process your purchase request on the Website, you can modify them by contacting ZALLO through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Web Site.
In any case, the User, before clicking on “PLACE ORDER”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to 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 such purchase within 14 calendar days without giving any reason. This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods purchased on the ZALLO Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract. To exercise this right of withdrawal, the User must notify its decision to ZALLO. You may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means it chooses to communicate its decision, must clearly and unequivocally express that it is its intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that ZALLO makes available as part attached 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 expiration of the deadline.
In case of withdrawal, ZALLO will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping 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 decision to withdraw by the User. ZALLO will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, ZALLO may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, 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.
And it must do so without undue delay and, in any case, no later than 14 calendar days from the date on which ZALLO was informed of the decision of withdrawal. The User acknowledges knowing that he shall bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In the same sense governs the provision of a service that the User could hire on this Website, as this same law states 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 recognition on his part that he is aware that, once the contract has been fully executed by ZALLO, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same condition in which they were delivered or have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
In the following link you can download the model withdrawal form.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact ZALLO immediately and let it know the existing non-conformity (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 on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User 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 at any time for the User, as a consumer and user, shall always apply.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding ZALLO, therefore, for the lack of conformity of the same that is manifested within 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: they conform to the description made by ZALLO and possess the qualities presented therein; are suitable for the uses to which products of the same type are normally intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may 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 on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
Disclaimer of liability
Unless otherwise provided by law, ZALLO shall not accept any liability for the following losses, regardless of their origin:
- any losses that were not attributable to any breach by you;
- business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between them.
Likewise, ZALLO also limits its liability in the following cases:
- ZALLO applies all measures concerning to provide a faithful display of the product on the Website, however is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- ZALLO will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, losses or thefts of the product.
- Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Unavailability of the Website for maintenance or other reasons, which prevents the availability of the service. ZALLO puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeure.
- ZALLO will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, ZALLO will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, ZALLO shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended for the period during which the force majeure continues, and ZALLO will have an extension of time to perform for a period of time equal to the duration of the force majeure. ZALLO shall use all reasonable efforts to find a solution to enable it to perform its obligations despite the force majeure.
Written communication and notifications
By using this Website, the User agrees that most communications with ZALLO will be electronic (e-mail or notices posted on the Website). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that ZALLO send electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User. The User may send notifications and / or communicate with ZALLO through the contact details provided in these Terms and, where appropriate, through the contact spaces on the Website. Similarly, unless otherwise stipulated, ZALLO may contact and / or notify the User in your email or postal address provided.
No waiver by ZALLO of any specific legal right or remedy or failure by ZALLO to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or remedies under any contract or the Terms or relieve the User of any of its obligations. No waiver by ZALLO of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and ZALLO in connection with the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise made orally or in writing by the same parties. The User and ZALLO acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
Applicable law and jurisdiction
Access, navigation and / or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law. Any dispute, problem or disagreement arising from or related to access, navigation and / or use of the Website, or the interpretation and enforcement of these Conditions, or sales contracts between ZALLO and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
Complaints and claims
The User may send ZALLO their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Terms (General Information). In addition, ZALLO has official complaint forms available to consumers and users, and that they can request ZALLO at any time, using the contact details provided at the beginning of these Conditions (General Information). Also, if a dispute arises from the conclusion of this purchase contract between ZALLO and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
Last update: 03/07/2022