1. Identification details and General information
The present Terms and Conditions regulates the acces and use of these Website http://www.gourmentum.com/ (from now on, the “Website”) the ownership of CONTENT COMMERCE FACTORY S.L. (from no won, CONTENT COMMERCE FACTORY) with VAT Number ESB87299996 and registered office in the Capitan Haya Street N1, 4th floor, 28020, Madrid, the following sales conditions of the services and/or products offered by CONTENT COMMERCE FACTORY on its website.
Through the Website, CONTENT COMMERCE FACTORY provides information about the products and offers the possibility of their acquisition. For access to the website Users regitration will not be required. However, to be able to acquire any of the products offered by CONTENT COMMERCE FACTORY, User registration will be required and express acceptance of these terms and conditions before formalizing the payment.
The acceptance of this document imply that, the User: a) That they have read and understand the contents; b) It is a person with sufficient capacity to contract as established in the Spanish Civil Code; and that c) That you assume all the obligations stated herein.
These are the only Terms and Conditions applicable to the use of the Website (without prejudice to the fact that for certain services they could exist particular conditions) and to the hiring of orders through the Website and replace as any other conditions, unless a prior agreement exists and in written between CONTENT COMMERCE FACTORY and the User. If you have any question about the content of this document, you can contact us by calling the customer services line +34 91 116 95 39 or through our contact form.
2. User data and Co0nduct Code in our Website
To be able to acquire the product offered through the Website the Users should register through the form avaible on the Website.
The User will be responsible for maitaining the confidentiality of the data and information provided and for resctricting acces to his computer and their passwords to avoid possible unauthorized uses.
In the event that the User has reasons to believe that their data has been put in the knowledge of a third party, or has been used in an unauthorized manner or they are susceptible of being, you should immediately communicate this information to CONTENT COMMERCE FACTORY.
The User must verify that the data is correct and complete and notify CONTENT COMMERCE FACTORY when there is any variation and/ or modification in the information provided in the purchase process.
Is not allowed the use of the Website, for fraudulent purposes, or related to criminal offenses or i llegal activities of any kind.
Also is prohibited send, use or re-use ilegal, offensive, abusive, indecent, defamatory, obscence or threatening material of any kind, or that involves a violation of copyright, trademark or privacy, privacy or any other right, Or otherwise injurious or objectionable to third parties or whose content contains computer viruses, political propaganda, advertising content, chain mail, mass mailing Or any other type of "spam" and, in general, any kind of discomfort or unnecessary inconvenience.
The user undertakes to make lawful, diligent, honest and correct of as much as information or content have access well through the Website, and all it under the principles of the good faith and with respect in every moment to the legality in force. Likewise the User acquires the commitment to not provoke neither maliciously nor intentionally damages or prejudices that may impair, alter the own Website as well as not to insert, nor to spread computer viruses that could produce not authorized alterations of the contents or in the integral systems of the Website.
CONTENT COMMERCE FACTORY reserves the right to refuse Access to the Website or even cancel orders to Users that make improper use of its content and/or fail to comply with any of the conditions that appear in this document.
3. Conditions of Orders and Sales
In order to place an order of CONTENT COMMERCE FACTORY, the Users should register in the Website through the registration form, completing the registration form with the data requested.
Likewise, to make a purchase, the User must be at least 18 years old, otherwise, should before have authorization from their parents, tutors or legal representatives, whom will be responsible for all the actions made through the Website by children in their care.
However, for those products in which can be expressly stated (like the purchase of alcohol), the access will be restricted solely and exclusively to persons over the age of 18. CONTENT COMMERCE FACTORY at the moment doesn’t place order abroad nor Canary Islands, Balearic Islands, Ceuta and Melilla. If a user is interested in receiving an item outside the mainland, you should contact CONTENT COMMERCE FACTORY through the contact form provided on the Website and CONTENT COMMERCE FACTORY will study your request and inform you about it.
CONTENT COMMERCE FACTORY informs users that the number of units avaible kept up-to stock and the availabity of the companies in which CONTENT COMMERCE FACTORY made an agreement in order to sell to the Users for such products (hereinafter, the Suppliers).
In any case CONTENT COMMERCE FACTORY will not intentionally sale more units than it has avaible or that suppliers have indicated that they have available, being the last case of liability of Suppliers, facilitate the correct stock quantity.
If the product is out of stock after the order is placed, the User shall be informed by e-mail or by phone of the possibility of delaying delivery or replacing the product with a similar one, or to refund the amount previously paid.
4. Prices and payment conditions
Prices of the products offered on the Website are expressed in Euros and include VAT and other taxes that may apply. These prices except as expressly stated otherwise, will not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased. However, the shipping costs will be detailed before purchase the order and must be accepted by the User before paying.
Therefore, at the moment of payment, will be detailed the total price of the product, incluiding the corresponding rates of the shipping costs.
The shipping costs will be free for orders over 80 Euros.
The User will have to pay to the amount corresponding to his order by credit card or debit (Visa, Mastercard, Visa Electron and/or other cards) by ADYEN, transfer payment, Paypal.
Once the order have been done, meaning, after the acceptance of the present Terms and Conditions and the payment of the order, CONTENT COMMERCE FACTORY will always send an e-mail to the User confirming the details of the purchase and the invoice or supporting document. Also, you can see your proof of purchase in "My account”
If at the time of the payment there’s an issue that prevents to make the payment, the User will receive a automatic error message of the payment and their order will not processed until the payment is successfully completed.
Also the User, need to notified CONTENT COMMERCE FACTORY for any undue or fraudulent charge on the card used for purchases, as soon as possible.
CONTENT COMMERCE FACTORY commits to not allow any illegral transaction, or if the Brand of the credit card o bank, that may or may have the potential to damage their goodwill or influence in a bad way. The following activities are strictly prohibited under the programs of cards brands: the sale or offer of a service or product that is not total compliance with all the aplicables laws of the Buyer, Issuing Bank, Merchant, Card Holder, or Cards.
In addition, the next activities are also explicitly prohibits: NOT SALE PERMITED FOR LESS TO 18 YEARS OLD.
5. Information about services and products.
Descriptions of the products offered by CONTENT COMMERCE FACTORY through its website are based on the information provided by suppliers and may contain mistakes.The data included in each sheet, in photographs, graphics or iconographic representations such as trade names, trademarks or logos of any kind are only for information purposes.
Therefore CONTENT COMMERCE FACTORY refuses any liability for the occurrence of mistakes in such information, although it is committed to take all measures within its power to remedy as soon as possible the mistakes or omissions after having been informed about them.
In addition, CONTENT COMMERCE FACTORY informs the Users that the offerts of the products or services which are detailed in the Website are temporary. After the temporary period it is no longer possible to purchase and the offerts will be removed from the Website.
6. Deadlines, place of delivery and misplacements
6.1 Product delivery
The deliveries of the products shall be made to the address provided by the User, by CONTENT COMMERCE FACTORY. Our products have a delivery time between 2 to 3 working days. We do not ship beyond the Spanish Peninsula, therefore we do not send orders to Canarias nor Baleares, so in which case there if there’s a sale from Canarias o Baleares, the money will be returned to the customer within 72 hours. Notwithstanding the foregoing, CONTENT COMMERCE FACTORY undertakes to adopt such measures as are within its reach, so that the delivery of orders may be affected in the shortest possible time, to the satisfaction of the addressee.
In order to optimize the delivery, we also thank the User if they can indicate us an address in which the product can be delivered within normal working hours. CONTENT COMMERCE FACTORY will not be responsible for errors caused in the delivery occur when the delivery address inserted by the User in the order form is not true, false or omitted.
CONTENT COMMERCE FACTORY informs the User that is posisible that the same order can be divided into several deliveries.
If the reason why the delivery was not possible because the order was misplaced, our shipping agent will start an investigation. In these cases, our deadlines of response of our shipping agents usually range from one to three weeks.
6.2 Diligent delivery
At the time of delivery, the user must check the condition of the package with the transport company who make product delivery, indicating the delivery order that can detect any abnormalities in the packaging. It is very important to have photos for evaluation and subsequent a claim to the transport companies.
6.3 Delivery time and notifications
CONTENT COMMERCE FACTORY or his Suppliers will make the shipping within a maximium time between 3 and 15 days. The delivery of the order will be carried out according to the following guidelines:
• Send up to 3 SMS and / or email to notify the User of the status of your shipment.
• If the User is not located at home after 3 attempts, the product will remain in the nearest post office for 15 days so that the User can pick it up.The delivery is considered effective when the product is at the disposal of the User.
For security reasons, CONTENT COMMERCE FACTORY, will not send any order to Military Bases, nor will accepted any order when it is not possible to identify the recipient of the order and its address.
7. Withdrawal rights
7.1 Possibility of exercising the right of withdrawal
In the case the User is not satisfied with any product received in your oder, the User, according to the General Law for the Protection of Consumers, they will have the right of withdrawal within fourteen (14) calendar days since the product is delivered, without penalty and without giving any reason, proceeding CONTENT COMMERCE FACTORY to the reimbursement of the total amount of the purchase (product price + shipping costs), although the User shall be responsible for the direct cost of returning the order to CONTENT COMMERCE FACTORY.
To formalize the return, you shall contact with CONTENT COMMERCE FACTORY sending completed the withdrawal form.
(Complete and return this form only if you wish to withdraw from the contract)
For the attention of: CONTENT COMMERCE FACTORY S.L. Capitán Haya Street, N1, 4th floor, 28020, Madrid.
Phone number: +34 91 116 95 39
I hereby inform you that I give up my contract of sale of the following product: (Give a short description of the product)
- Date of Order/Date of delivery: Indicate the date of order and the date of delivery and number of order
- User address
- User sign (only if the form is presented in paper)
Also, you can contac us through this link: contacto. Having received said communication CONTENT COMMERCE FACTORY will tell you if it is possible to return it, if that is the case, how to send your order to your warehouses.
CONTENT COMMERCE FACTORY will only accept returns under the following conditions:
The return would be only accepted if the product is in perfect conditions and with its original packaging, with all its labels and as the case may be, documentation and accessories that come with it. CONTENT COMMERCE FACTORY will not accept or be responsible for any product on its warranty period which is returned without its original box. The CUSTOMER will be responsible for all logistic costs by CONTENT COMMERCE FACTORY if there is organized a pick-up of a product that does not have its original packaging.
The shipment must be made using the same box in which it has been received to protect the product. For the assumption that it can not be done with the original box with which it was delivered, the User must return it in a protective box in order for the product to reach the warehouse of CONTENT COMMERCE FACTORY in perfect conditions.
Must include a copy of proof of purchase and the delivery order within the pack, where the marking of goods returned and the reason for return.
CONTENT COMMERCE FACTORY will only accept returns as long as the product is delivered in perfect conditions. If this is not done by the User, CONTENT COMMERCE FACTORY reserveS the right to refuse the return.
Once the product is received CONTENT COMMERCE FACTORY will have to repay the amount paid as soon as possible, within fourteen (14) calendar days to the date the User has informe of its decision of withdrawal of the contract.
7.2 Food, beverages, perishable or non-returnable products for health or hygiene reasons
Without prejudice in the previous subsection, CONTENT COMMERCE FACTORY can be denied the return of some products by virtue of articles 93 and 103 of the General Law for the Protection of Consumers and Users (Spain):
Article 93 provides that the rights of withdrawal shall not apply "the contracts for the supply of foodstuffs, beverages or other consumer goods at home, physically supplied by an employer through frequent and regular deliveries at home or place of residence or work of the consumer and user."
Also, the article 103 of the aforementioned Law (Spain) establishes that the right of withdrawal shall not apply “To the supply of goods that may deteriorate or expire rapidly "or" to the supply of sealed goods that are not fit to be returned for reasons of health protection or hygiene and which have been unsealed after delivery.”
Consequently, CONTENT COMMERCE FACTORY reserves the right of not accepting the return of products that are delivered sealed and whose seal has been opened, those that it considers perishable in the short term, as well as any other food or drink that CONTENT COMMERCE FACTORY Consider that they can not be returned.
Wine, drinks and other consumer products are considered perishable items. It is not permitted by EU/UK regulations to return an item if it’s perishable. These Products – Once supply conditions are broken, there are a number of factors outside of our control that can affect the quality of a product. Therefore perishable goods such as food and drink cannot be returned.
7.3 Right of withdrawal and periodic subscriptions
Notwithstanding the provisions of paragraphs 7.2 and 7.3 of the presents Terms and Conditions, in case the user performs the contracting of a subscription model, the user may exercise the right of withdrawal within a period of 14 calendar days resources counted from the moment in which the user acquires the physical possession of the first delivery of the contracted subscription, and this in accordance with what is established in article 104.b - Spain) 3 of the Law for the Defense of Consumers and Users .
Consequently, in the event that the user exercises his right of withdrawal once a periodic subscription is contracted, CONTENT COMMERCE FACTORY will refund the amount paid provided that the conditions specified in these Terms and Conditions for the exercise of the Right of withdrawal.
7.4. Consumer Assurance
In the event of receipt by the User of defective products, CONTENT COMMERCE FACTORY undertakes to respond to the non-compliance expressed by the User for a period of two (2) years from receipt of the product, performing the repair Or substitution thereof, or the realization of a reduction on the price or the return of the amount to the consumer, as appropriate in each case. These steps will be free for the client.
The consumer must inform CONTENT COMMERCE FACTORY of the nonconformity o the the product within two months of being aware of it, through the e-mail email@example.com or the contact form provided on the Website Contact. CONTENT COMMERCE FACTORY will study your case and inform you accordingly.
This guarantee will be applied taking into account in any case the nature of the products purchased and the perishable or semi-perishable nature thereof, as well as what is established in article 116 of the General Law for the Defense of Consumers and Users (Spain), and can not be applied in all cases.
CONTENT COMMERCE FACTORY disclaims any kind of responsibility that may arise from actions or omissions in orders, quality and content etc. that it is not attributable to CONTENT COMMERCE FACTORY
CONTENT COMMERCE FACTORY does not grant any warranty and is not liable under any circumstances for damages of any nature arising from access to or use of the website. Among others, CONTENT COMMERCE FACTORY is not responsible for the following circumstances:
• Lack of availability, maintenance and effective operation of the website and/or its contents.
• Content of other Internet websites to which may lead any links placed on the website.
• Existence of viruses, malicious or harmful programs in the contents.
• Reception, obtaining, storing, diffusion or transmission of the contents of the website by customers.
• Illicit, negligent, fraudulent or contrary to the terms use of these General Conditions or its contents by customers.
In any case, CONTENT COMMERCE FACTORY is committed to solve any problems that may arise and to offer all necessary support to the User in order to have a quick and satisfactory resolution of the incident.
9. Opinions, comments, communications and other content
Users may participate in the Website with comments provided that their content is not unlawful, obscene, abusive, threatening, defamatory, invades the privacy of third parties, infringes intellectual property rights or is injurious or otherwise objectionable to third parties And whose content does not contain computer viruses, political propaganda, advertising content, chain mail, mass mailing or any other type of spam.
Any user who wishes to publish content on the Website, whether graphic works, videos, musical works, photographs, animations, pseudonyms, names, symbols, texts, comments and generally any visual, textual or sound element coming from said partner , Hereinafter referred to as the "User Content", undertakes to assign to CONTENT COMMERCE FACTORY a Publication License, which covers all intellectual or industrial property rights and any other rights that the user may have over said content.
Therefore, the User authorizes CONTENT COMMERCE FACTORY to freely publish, worldwide and without restriction or any reservation, the "user content", accepting not to receive remuneration for such publications.
Such rights include the right of reproduction, representation, diffusion, transformation, distribution and public communication, by any procedure and in all formats or supports, of all or part of the "User content" that the User has sent to CONTENT COMMERCE FACTORY or Published on the Website.
The user accepts that the "user content" is used disassociated at any opportunity, both promotional and commercial, by decision of CONTENT COMMERCE FACTORY, or published on the Website. Likewise, the User accepts that CONTENT COMMERCE FACTORY can use the "user content" to cite it and associate it with his pseudonym or with his name in his promotional, marketing and advertising operations.
Likewise, CONTENT COMMERCE FACTORY may assign the intellectual property rights contained in this Publication License to any of the CONTENT COMMERCE FACTORY partners without any limitations other than those set forth in this license.
This license will be valid in any language, throughout the world and during the period of protection agreed for the "user content" to their right holders, in accordance with Spanish and European legislation.
The user expressly states that any "user content" entered into the CONTENT COMMERCE FACTORY platform belongs to the user or has the authorization of the legitimate owners or licensees of the contents and does not infringe the intellectual or industrial property rights of third parties, And specifically the CONTENT COMMERCE FACTORY rights, nor the rights to the honor or image of third parties, or any other property rights of third parties.
The content of the user supplied by the user to CONTENT COMMERCE FACTORY may not appear or be entered data or content relating to children under 18 years.
The user acknowledges that he has been informed that CONTENT COMMERCE FACTORY:
Rejects all responsibility for the exploitation or dissemination of "user content" in any medium;
You may remove from your website the "content of the user" if, in its opinion, said content infringes the rights of CONTENT COMMERCE FACTORY or third parties, as well as these Terms and Conditions, without prejudice to any legal action that may be taken against The User for those infractions.
Therefore, the User waives any appeal to CONTENT COMMERCE FACTORY and any other company that may replace it in the future.
11. Trusted third party and conduct code
CONTENT COMMERCE FACTORY is adhered to the ONLINE TRUST code of conduct. This code of conduct guarantees users that the Website complies with current legislation and is subject to all obligations set forth in such code.
The ONLINE TRUST code of conduct has a seal of trust, which is issued in a unique and exclusive way for each of the member companies. The CONTENT COMMERCE FACTORY stamp includes the identification code, as well as all identifying data of the company. The certificate will be valid for the Website during the term of one year from the date of its issuance. All information on the issuance of the certificate and on the obligations of the entity are accessible by the Users on the website, www.confianzaonline.es.
12. Nullity and effectiveness of clauses
If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof that is null or ineffective, remaining the remaining clauses, Such clause being, or the part of the same that was affected, not put.
13. Out-of-Court Dispute Resolution
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes, CONTENT COMMERCE FACTORY inform that, in case of controversy, the Resident User of the European Union may go to the "Online Platform for Conflict Resolution" developed by the European Commission, in an attempt to resolve extrajudicially any controversy arising from the provision of services by CONTENT COMMERCE FACTORY.
To access the "Online Platform for Conflict Resolution" you can do so through the following link: http://ec.europa.eu/consumers/odr/
14. Applicable legislation and jurisdiction
These Terms and Conditions are subject to Spanish law. The parts, in accordance with the General Law for the Defense of Consumers and Users, submit, at their election, for the resolution of conflicts and waiver of any other jurisdiction, to the Courts and Tribunals of the User's domicile.
Likewise, as an entity adhering to CONFIANZA ONLINE and in the terms of its Code of Ethics, in case of disputes relating to online recruitment and advertising, data protection and protection of minors, the user may turn to the CONFIDENCE'S extrajudicial dispute resolution system ONLINE (www.confianzaonline.es).