Terms and Conditions
1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The general conditions of use and sale described below (hereinafter referred to as the “General Conditions”) govern the contractual relations between any buyer on the website www.fisan.com (hereinafter referred to as the “Customer”) and the company FLORENCIO SÁNCHEZ E HIJOS S.L. (VAT number: B37357654), owner of the website www.fisan.com (hereinafter referred to as the “Shop”).
These General Terms and Conditions are the only ones applicable and replace any other general terms and conditions, except in case of prior, express and written cancellation. Occasionally, some articles may be modified, so it is advisable to read them with every purchase. These amendments shall apply from the date of their publication on the Internet and may not be applied to previously concluded contracts.
Each purchase in the Shop is governed by the general terms and conditions applicable on the date of the order. In order to place an order, you must accept our general terms and conditions of sale without reservation after having read them. Without prejudice to the express acceptance of these general terms and conditions during the purchase process, the fact of completing all the steps necessary to complete an order implies the acceptance of these general terms and conditions. Should a condition be missing, it shall be deemed to be governed by the customs and practices in force in the distance selling sector in accordance with the rules of the professional code of the Distance Selling Association.
By registering, a user accepts the subscription to the sending of newsletters and offers to his/her e-mail address, and may unsubscribe upon receipt of the first mailing.
All commercial communications will be sent in Spanish. If this is not possible we will try to communicate in your language. With regard to the language in which the contract is formalised, it is drafted and available only in Spanish.
In reference to the language in which the contract is formalised, it is drafted and available only in Spanish.
2. PRODUCTS
2.1. Information about the Products.
We give great importance to the information on the characteristics of the products, by means of descriptions coming from their manufacturers or collaborators, and photographs that illustrate them. All of this so that you are advised as accurately as possible about the product you are about to buy. However, neither the literature in the descriptions nor the photographs are considered to be contractual, but are merely informative. Only the declared weight and content are important.
Particularly photographs could refer to similar products or include a grouping of them, even if they are sold individually.
2.2. Information on weights.
It is impossible to produce pork products of an exact weight. The weights offered for each product are approximate and only guarantee that the actual weight will be between the minimum and maximum indicated. Hams have a margin of error in measurement of + – 300 grams, shoulders + – 200 grams and sausages + – 100 grams. The published weights are the statistical central weights of these ranges.
The weight marked on our products is the weight on the day they leave our warehouses, and the buyer should bear in mind that, except in the case of vacuum-packed products, the pieces lose some weight during transport, due to the piece rubbing against the packaging or the natural oozing of liquids. This phenomenon is more pronounced during the summer, although the quality is not affected by it.
2.3. This phenomenon is more pronounced during the summer, but does not affect quality.
Our Iberian products are kept in our cellars at controlled temperatures, which is lower than the recommended temperature in order to offer the best flavour during consumption. It is advisable to give the product a few days at room temperature before consumption. In the case of hand-cut or sliced and vacuum-packed products, a few minutes in lukewarm water before opening the bag improves the flavour and facilitates the separation of the slices.
In the case of hand-cut or sliced and vacuum-packed products, a few minutes in warm water before opening the bag improves the flavour and makes it easier to separate the slices. The shop is not responsible for the consequences of consumption after this date.
3. PRICES AND QUANTITIES
The sales prices indicated in the Shop are always retail prices and are shown in euro. The VAT is included on all the prices. We reserve the right to change our prices at any time. However, we undertake to apply the current rates indicated in the Shop at the time of confirmation of your order. In the case of orders placed by bank transfer, the price at the time of the order will be retained for up to 5 calendar days. It is necessary to inform if the order is cancelled if payment has not been received or if the order remains valid. If it is maintained, a new acceptance will have to be requested if the price is changed.
4. BILLING
All orders placed in this shop will be shipped together with the corresponding delivery note. The corresponding invoice will be sent to you by e-mail when payment is confirmed. Please note that the details provided at the time of purchase will be those detailed on the invoice, and no changes may be made to them after the invoice has been issued. In the case of companies, it is important to include the VAT number and the correct address and company name in the boxes. All orders placed in this Shop will be dispatched within the delivery times specified in the Delivery Times section.
The personal data to be provided by the Customer are indispensable for the dispatch of orders and the drawing up of invoices. In particular, it is understood that access to purchase is only permitted to persons of legal age by law. The absence or inaccuracy of these data will lead to an automatic cancellation of the orders.
When confirming your order you have the option to authorise us to keep your data for a maximum of two years and to request that we keep you informed by e-mail of news and promotions that may be of interest to you. You can also choose not to do so and your data will be deactivated immediately.
For information regarding the protection of your personal data, please read our Legal Notice and Privacy Policy.
5. LOCATIONS, DELIVERY TIMES AND SHIPPING COSTS
5.1. National orders.
Orders are shipped throughout Spain except in the regions of Ceuta and Melilla.
Orders will be shipped within 24 hours of payment confirmation provided that it is received on a working day and before 13:00 hours for all products except for hand-cut and/or sliced products. When the order is made up of hand-cut and/or sliced products, the preparation time will be 5 working days and then they will be shipped to their destination. Therefore, seven working days are required for shipment and delivery. The specific shipping service and carrier will be determined by the Store based on the circumstances of the order and in order to meet the above approximate delivery times.
The shipping costs (including VAT) for domestic orders under € 100.00 are as follows:
- Peninsular Spain: 9,90€
- Balearic Islands: 25,00€.
- Canary Islands: 80,00€.
Notwithstanding the above, delivery costs will be free of charge only for orders over €100.00 with delivery in mainland Spain.
5.2. International orders.
Orders will be dispatched the day after confirmation of your payment, provided that such confirmation is received on working days up to 1pm. However, in the case of hand-cut products, these require a 48-hour preparation time, so delivery will take place approximately 48 hours after confirmation of payment with the same timetable as above.
Deliveries will be made within approximately 9 days after confirmation of payment in accordance with the above paragraph, or 12 days in the case of hand-cut products. The specific shipping service and carrier will be determined by the Store based on the circumstances of the order and in order to meet the above approximate delivery times.
Outside Spain, orders are only delivered to the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, France, Germany, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovenia, France, Hungary, Ireland, Italy, Luxembourg, Poland, Portugal and Malta.
The shipping costs will be as follows depending on the country of delivery:
- Group 1: Portugal and France: 35,00€.
- Group 2: Germany, Austria, Belgium, Netherlands, Italy, Luxembourg: 45,00€.
- Group 3: Bulgaria, Denmark, Hungary, Ireland, Poland, Slovenia, Hungary, Rep. Czech Republic, Malta: 75,00 € 75,00
- Other countries please contact us.
5.3. Deterioration during transport.
The goods are delivered properly packaged and the carriers we use have our confidence, however it may happen that the goods suffer damage during transport, either by theft, having endured excessive temperatures, by accident or for any other reason. You must not accept the goods if their external appearance reveals poor treatment during transport or if the packaging is torn or unsealed. If this happens, we will replace the goods with another in perfect condition within 5 days of receiving the refused shipment at the factory. However, please note that the Shop is not responsible for goods that do not arrive with the seal intact.
If you decide to take delivery of the package with reservations, we recommend that you note the observable defect when signing the collection slip and, if possible, that you photograph both the outside of the box and its contents, preferably in the presence of the carrier’s employee, in order to be able to file a complaint with the carrier.
6. RIGHT OF WITHDRAWAL
In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the Customer has the right to withdraw from the contract without the need for any justification, a right that must be exercised within a maximum period of 14 days from the date of delivery. However, given the nature of the products, the exercise of the right of withdrawal shall be conditional upon the product being returned to the Store with the packaging and all seals in perfect condition. In case of exercise of the right of withdrawal, the Customer will be reimbursed the full price of the product, the cost of returning the product being borne by the Customer. In order to exercise the right of withdrawal, the Customer must contact the Store via the following e-mail address web@fisan.es, where they will be informed of the steps to follow.
7. METHOD OF RETURN
Although our product is renowned for its uniformly high quality, it may happen that the product does not meet the guaranteed quality for reasons beyond the shop’s control.
If, once the product has been delivered and just started, you consider this to be the case, you should send us an e-mail describing your complaint and attaching a photo of the product you are complaining about no later than 5 days after receipt.
Within five days you will receive a reply to your complaint, accepting it totally or partially with the appropriate justification, and you will be offered from the replacement of the goods at our expense to a repair system or even a full refund of your money in the same account or card you used for the payment. In the latter case, you must return the goods to us and the refund will be made once the shipment has been received and its contents verified, all within 5 days. Given the food characteristics of the product, returns will not be accepted unless they have been preceded by an e-mail warning and confirmed by our customer service department (customer service hours on working days from 9am to 2pm).
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
La Tienda owns all the intellectual and industrial property rights of its website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available modality, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of the Store, are expressly prohibited. The Customer undertakes to respect the Intellectual and Industrial Property rights owned by the Shop. You may view the elements of the portal and even print, copy and store them on the hard disk of your computer or on any other physical medium, provided that this is solely and exclusively for your personal and private use. The Customer shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on the pages of the Store.
9. EXCLUSION OF WARRANTIES AND LIABILITY
La Tienda is not responsible, in any case, for damages of any kind that may cause, but not limited to: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite having taken all the necessary technological measures to prevent it.
10. RIGHT OF EXCLUSION
The Shop reserves the right to refuse or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use.
11. GOVERNING LAW AND JURISDICTION
The relationship between the Shop and the Customer shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of the city of Salamanca, except in those cases in which, by law, the competent Courts and Tribunals are other than those stipulated by law.
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