1. INTRODUCTION

1.1.- These general conditions of contract, together with the specific conditions that may be established, will expressly regulate the relations between CUEVAS and CIA. S.A., with registered office in Polígono Ind. San Cibrao das Viñas C/1 Nº10, (32901) Ourense, Spain and with CIF A-32000630 and the third parties that use the Internet portal http://www.marronglace.com (hereinafter the “Portal”), as well as with the third parties that contract the products offered through it.

CUEVAS Y CÍA. S.A. reserves, at all times, the right to unilaterally modify, without prior notice, and at any time the presentation and configuration of the Portal.

1.2.- They have been produced in accordance with current regulations in this regard and specifically, in accordance with the provisions of the following legal texts:

Law 34/2002, on Information Society Services and Electronic Commerce.
Law 7/1998 on General Contracting Conditions.
Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in implementation of Article 5.3 of Law 7/1998.
General Law 26/1984 for the Defence of Consumers and Users.
Law 7/1996 on the Regulation of Retail Trade.
Law 59/2003 of 19 December on electronic signature.
1.3.- By using the http://www.marronglace.com/ Portal, you acquire the status of User. Both the visit and the use and/or acquisition of any of the products of the Portal, imply acceptance as a User, without reservations of any kind, to each and every one of the General Terms and Conditions, as well as, where appropriate, to the Specific Conditions that, where appropriate, govern the purchase.

1.4 CUEVAS Y CÍA S.A. may, at any time and without prior notice, modify these General Terms and Conditions, by publishing such modifications on the Portal so that they can be known by Users always before visiting the Portal or acquiring any goods offered on the Portal.

If you have any questions related to the conditions of purchase or the privacy policy, you can contact us through our contact form.

2. USE OF OUR WEBSITE

These Terms and Conditions are the only conditions applicable to the use of this website and replace any other, except with the prior express written consent of the Seller. These Terms and Conditions are important to both you and us because they are designed to create a legally binding agreement between us that protects your rights as a customer and our rights as a business. You declare that, by placing your order, you have read and accept without reservation these Terms and Conditions.

You agree that:

1. You may only use the website to make legally valid enquiries or orders.

2. You may not place any speculative, false or fraudulent orders. If we have reasonable grounds to believe that a request of this nature has been made, we will be authorised to cancel it and inform the relevant authorities.

3. You also undertake to provide us with your email address, postal address and/or other contact information in a true and correct manner and agree that we may make use of this information to contact you if necessary (see our Privacy Statement).

4. If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you guarantee to us that you are over the age of 18 and have the legal capacity to enter into binding contracts.

3. HOW THE CONTRACT IS CONCLUDED

This information and the details contained on this website do not constitute an offer to sell, but an invitation to do business. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us (even if your account has already been charged). If your offer is not accepted and your account has already been charged, the amount of the offer will be refunded in full.

4. PRODUCT AVAILABILITY

All orders for products are subject to their availability and, in this regard, if there are difficulties in their supply, or if there are no items in stock, we reserve the right to provide you with information about replacement products of the same or higher quality and value that you may order. If you do not wish to place an order for those replacement products, we will refund any amount you may have paid.

5. REFUSAL TO PROCESS AN ORDER

We may remove any Product from this website at any time and/or remove or modify any material or content from this website. Although we will make every effort to always process all orders, there may be exceptional circumstances that require us to refuse the processing of any order after we have sent the Order Confirmation, and we reserve the right to do so at any time, in our sole discretion.

We will not be liable to you or any third party for removing any product from this website, regardless of whether or not such product has been sold, removing or modifying any material or content from the website, or for refusing to process an order once we have sent you the Order Confirmation.

6. RIGHT TO WITHDRAW FROM THE PURCHASE

If you are contracting as a consumer, you may withdraw from the Contract at any time within a period of 15 (FIFTEEN) calendar days from the date of receipt of the products, for this purpose it shall be considered the date of receipt that is shown in the delivery note signed by the buyer. In this case, you will be refunded the price paid for such products in accordance with our Exchange and Return Policy (see Clause 12).

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them. It must also include all instructions, documents and packaging of the products. No refund will be given if the product has been used or if it has been damaged in any way, so you must be careful with the product(s) while they are in your possession.

You will not have the right to withdraw from the Contract whose purpose is the supply of the following Products:

Custom Items
Please treat the products with reasonable care while in your possession and keep the original boxes and packaging for the case of return.

You will find more details on this right recognised by law, as well as the explanation on how to exercise it in clause 12 of these Conditions.

This provision does not affect the rights recognised to the consumer by current legislation. To exercise the right of withdrawal, you must notify Cuevas y Cia S.A., address Poligono San Cibrao das Viñas nº10, 32901 Ourense; telephone 988 383 822; fax 988 221 452; mail: info@marronglace.com; your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post to the aforementioned address, fax or email). You may use the model withdrawal form below, although its use is not mandatory.

Model withdrawal form:

For the attention of Cuevas y Cía, S.A.

I/we hereby inform you (*) that I/we withdraw from my/our (*) contract of sale of the following good/provision of the following service (*):
– Ordered on/received on (*)
– Name of the consumer and user or of the consumers and users.
– Address of the consumer and user or of the consumers and users.
– Signature of the consumer and user or of the consumers and users (only if this form is submitted on paper)
– Date

(*) Delete as appropriate.

To meet the withdrawal deadline, it is sufficient that the communication regarding your exercise of this right is sent before the corresponding period expires.

7. DELIVERY

Without prejudice to the provisions of Clause 4 above and unless extraordinary circumstances occur, we will attempt to send the order for the products/s listed in the shopping basket in the time stipulated in the shipping areas.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, it shall be understood that the “delivery” has taken place or that the product(s) have been “delivered” at the time of signing the receipt of the same at the agreed delivery address. The scope of delivery would cover all the countries that form the European Union as of 01/01/2017.

8. IMPOSSIBILITY OF DELIVERY

If we find it impossible to make the delivery, the Courier will keep your order for you. We will leave you a note explaining where your package is and how to get it sent back to you. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

9. RISK AND OWNERSHIP TRANSFER

The risks of the Products shall be borne by you from the time of their delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in respect of the products, including delivery charges, or at the time of delivery (as defined in clause 7), whichever is later.

10. PRICE AND PAYMENT

The price of the products will be the one stipulated at any given time on our website, except in the event of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and you will be refunded in full the amounts that have been paid.

We shall not be obliged to supply the product(s) to you at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in price is obvious and unequivocal and could reasonably have been recognised by you as an incorrect price.

The prices on the website include VAT, but exclude delivery costs, which will be added to the total amount due as set out in our Buying Guide.

CUEVAS Y CÍA S.A. will not bear the special taxes at the place of destination of the shipment, tariffs or other expenses. Specifically CUEVAS Y CIA. S.A. will not bear the payment of the I.G.I.C. (Canary Island General Indirect Tax) or the island tariff.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment.

Once the purchase has been made and as soon as possible, always within thirty (30) days from the time the purchase is made, the Customer Service Department of CUEVAS Y CIA. S.A. will send the corresponding invoice to the buying User at the address indicated on the form. The order confirmation sent by CUEVAS Y CIA. S.A. will not be valid as an invoice, only as proof of purchase.

11. VALUE ADDED TAX

In accordance with current regulations, any purchase made through the website will be subject to Value Added Tax (VAT), except for those destined for the Canary Islands, Ceuta and Melilla.

In this regard and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of value added tax, deliveries shall be deemed to be located in the Member State that appears in the delivery address of the items, the applicable VAT being the rate legally in force in each destination Member State of the items that have been entered in each order.

In accordance with the regulations applicable in each jurisdiction, in the supplies of goods made in certain Member States of the European Union to a business or professional recipient, the “inversion of a taxable person” rule (Article 194 of Directive 2006/112) may apply, which would imply that no VAT is charged by ITX E-Commerce Ireland Limited, without prejudice to the obligation of the author’s recipient to charge the tax accrued in the transaction.

In orders destined for the Canary Islands, Centered and Melilla, the deliveries would be exempt from VAT by application of the provisions of Article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of them.

12. EXCHANGE AND RETURN POLICY

12.1.- Exchanges and returns of products purchased on http://www.marronglace.com shall be subject to the following principles:

12.2.- The maximum period for requesting the return is 15 (FIFTEEN) calendar days from receipt of the order by the customer.

To begin the exchange or return process, the client must send an email to CUEVAS Y CIA. S.A. (atencionalcliente@marronglace.com) indicating, in the case of return, its reason and a current account number where we can make a transfer in favour of the customer. In the event of exchange of one item for another, the customer must be duly informed about the item they would like.

12.4.- Any product that the customer wishes to change or return must always be made with the original packaging and labelling intact, properly packaged in its original packaging and correctly protected. The item to be returned must be in the same condition in which it was received, which will be determined by experts from CUEVAS Y CIA. S.A.

12.5.- No exchanges or returns will be accepted on customised items, and in the event of those products that require modification for sale.

12.6.- No exchange or return of food items that have been unsealed or opened will be accepted, except in case of poor condition of the product or its expiry.

12.7.- If the order was returned to origin because the courier could not deliver the goods to the recipient, CUEVAS Y CIA. S.A. will not bear the costs of the reshipment.

12.8.- If the return or exchange is due to an error or poor condition of the products, CUEVAS Y CIA. S.A. will give instructions to the corresponding courier to go ahead with the collection. CUEVAS Y CIA. S.A. shall be liable for all costs arising from the return and subsequent replacement of the correct order.

In this event, and once the product(s) to be returned has been received in our premises, CUEVAS Y CIA. S.A. will check that the product(s) is/are in good condition, determining whether its/their return or replacement is appropriate, in which case the new product(s) will be sent if it is an exchange process or to reimburse the amount paid in the event of return, by bank transfer to the customer’s account. All this within 7 (SEVEN) working days of receipt in the warehouses of CUEVAS Y CIA. S.A.

12.9 If CUEVAS Y CIA. S.A. performed the shipment correctly and the exchange or return is due to personal reasons of the customer, the processing of the exchanges will be different from that of the returns.

In this case, the customer will bear the shipping costs due to the return. To make the return, the customer must send the product to CUEVAS Y CIA. S.A., Polígono Ind. San Cibrao das Viñas C/1 nº10, (32901) Ourense. Upon receipt of the package, the good condition of the product will be confirmed and the full amount will be refunded without any withholding, paid by the customer, within 7 (seven) business days of receipt. Refund shall be made by bank transfer to the account number provided by the client. Notwithstanding the foregoing, the right of termination (withdrawal) is excluded in those cases in which, due to the nature of the content of the services, it is impossible to carry it out, without prejudice to the claim for damages suffered.

The address to which the product should be delivered was as follows: Cuevas y Cia S.A. Poligono Industrial San Cibrao das Viñas nº10 32009 Ourense, indicating the sales order number referred to in the delivery note.

13. LIABILITY AND DISCLAIMER

Our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such Product.

Nothing in these Conditions of Purchase excludes or limits in any way our liability:

1. In the event of death or personal injury caused by our negligence.
2. In the event of fraud or fraudulent misrepresentation.
3. In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that may occur as a side effect of the main losses or damages, which occur in any manner, and whether caused by tort (including negligence), breach of contract or others, even if they could have been foreseen, including but not limited to the following:

1. Losses of income or sales.
2. Loss of business.
3. Loss of profit or loss of contracts.
4. Loss of anticipated savings.
5. Data loss.
6. Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise therein.

All product descriptions, information and materials contained on this website are provided “as is” and without express, implied guarantees or guarantees otherwise arising.

Insofar as permitted by law, we exclude all guarantees without prejudice to those guarantees that cannot be legitimately excluded from consumers.

The Products that we sell, can often present the characteristics of the natural materials that are used in their manufacture. These characteristics such as variation in texture and colour shall not be considered defects or defects. On the contrary, their presence should be accepted and appreciated. We only select products of the highest quality, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.

The provisions of this clause shall not affect your rights recognised by law as a consumer, or your right to withdraw from the Contract.

14. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website correspond at all times to us or those who granted us a license for their use. You may use such material only in the manner expressly authorised by us or those who licensed it to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

15. WRITTEN COMMUNICATIONS

Applicable regulations require that part of the information or communications we send you are in writing. By using this website, you agree that the majority of communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your statutory rights.

16. NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact email: atencionalcliente@marronglace.com. In accordance with the provisions of clause 15 and unless otherwise stipulated, we may send communications either to the email or to the postal address provided by you when placing an order.

Notifications will be understood to have been received and correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly submitted to the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

17. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on both you and us, as well as on our respective successors and assignees.

You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising from it to you or for you, without having obtained our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it to us or for us, at any time during the term of the Contract. To avoid any doubts, such transmissions, assignments, liens or other transfers will not affect the rights that you have as consumers recognised by law or will cancel, reduce or otherwise limit the guarantees, both express and tacit, that we could have granted.

18. EVENTS BEYOND OUR CONTROL

We will not be liable for any breach or delay in the fulfilment of any of the obligations we assume under a Contract, the cause of which is due to events beyond our reasonable control (“Force Majeure Event”).

Force Majeure Events shall include any act, event, failure to exercise, omission or accident which is beyond our reasonable control and shall include in particular (without limitation) the following:

1. Strikes, lockouts or other protest measures.
2. Civil uprising, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, boats, planes, motor transport or other means of transport, whether public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of other governments.
7. Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
It will be understood that our obligation to perform under any Contract will be suspended for the period in which the Force Majeure Event continues, and we will have an extension in the term to perform our obligation for the duration of such period. We will use all reasonable endeavours to terminate the Force Majeure Event or to find a solution whereby we can perform our obligations under the Contract notwithstanding the Force Majeure Event.

19. WAIVER

If, during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed under it or any of these Terms and Conditions, or if we cease to exercise any of the rights or remedies that we are entitled to exercise or interpose under said Contract or these Terms and Conditions, such fact will not constitute a waiver of said rights or remedies or exempt you from complying with such obligations.

Waivers by us to demand compliance shall not constitute a waiver by us to demand subsequent compliance.

No waiver by us of any of these Terms and Conditions and conditions shall take effect, unless it is expressly stipulated that it is a waiver and is communicated to you in writing in accordance with the provisions of the Notifications section above.

20. SEVERABILITY

If any of these Conditions or any provision of a Contract are considered invalid, illegal or unenforceable to any extent by the competent authority, they will be separated from the remaining conditions and provisions that will remain valid to the extent permitted by law.

21. INTEGRITY OF THE AGREEMENT

These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the object of the Contract and replace any other previous agreement, or promise agreed between you and us verbally or in writing.

You and we acknowledge that you have agreed to enter into this Agreement without reliance on any statement or promise made by the other party or which may be inferred from any statement or writing in the negotiations entered into by both parties prior to such Agreement, except as expressly set forth in these Terms and Conditions.

Neither you nor we will have recourse against any uncertain statement made by the other party, verbally or in writing, prior to the date of the Agreement (unless such an untrue statement has been made fraudulently) and the only remedy available to the other party will be for breach of contract in accordance with the provisions of these Terms and Conditions.

22. OUR RIGHT TO AMEND THESE TERMS AND CONDITIONS

We have the right to review and modify these Terms and Conditions at any time.

You will be subject to the policies and Terms and Conditions in force at the time you place each order, unless by law or decision of government bodies we are required to make changes to such policies, Terms and Conditions or Privacy Statement, in which case, any changes will also affect orders that you have previously made.

23. APPLICABLE LAW AND JURISDICTION

23.1.- This contract shall be governed by Spanish legislation, which shall apply in matters not provided for in this contract regarding interpretation, validity and execution.

23.2.- In the event of any type of discrepancy or claim between the parties in relation to compliance with or the content of these General Terms and Conditions, the parties shall negotiate in good faith to try to resolve such discrepancy or claim within a maximum period of (20) twenty calendar days from the date on which either of them formally notifies the other that the discrepancy has arisen or notifies the claim.

In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties submit the decision of the matter lodged to the Courts and Tribunals of Ourense, expressly waiving their own jurisdiction, should this be another.

If you are contracting as a consumer, nothing in this clause will affect the rights recognised as such by current legislation.

24. COMMENTS AND SUGGESTIONS

We welcome your comments and suggestions. Please send us these comments and suggestions through our contact email