TERMS AND CONDITIONS – OSBORNE SHOP

These terms and conditions govern the business relationship undertaken between clients of Osborne’s online shop (www.osborne-shop.es and www.tiendaosborne.es) and Productos Aliza, S.L., a Spanish company with registered headquarters in Seville at Parque Logístico Carmona N-IV, Sevilla-Madrid, km 521, Manzana B, Nave 2, 41410.

The client declares to have read and accepted the current terms and conditions at the time of purchase.

 

1. PRIOR INFORMATION

1.1. A business relationship is established between a customer of Osborne’s Online Shop www.tiendaosborne.es/www.osborne-shop.es (hereafter referred to as the “Client”) and Productos Aliza S.L. (hereafter referred to as “Aliza”), the operator behind Osborne’s official online shop (hereafter referred to as the “Shop”) which includes the brands Cinco Jotas, Sánchez Romero Carvajal, Toro de Osborne, Fino Quinta, Brandy Carlos I and Rioja Montecillo, among others.

The business relationship between the Client and Aliza, including the purchase of any goods or commodities offered by the Shop (hereafter referred to as “Products”) is governed in accordance with the current terms and conditions.

1.2. The current terms and conditions will remain in effect for as long as they remain available from the Shop, and may be updated by Aliza at any time by publication in the Shop at www.osborne-shop.es/www.tiendaosborne.es.

1.3. Any queries, suggestions, complaints or claims relating to the sale of Products online may be made to the Shop’s Customer Service Department via the following channels:

OSBORNE SHOP

Parque logístico Carmona

Ctra. Nacional IV Madrid-Sevilla km. 521

41410 Carmona –Sevilla-

Email: ayuda@tiendaosborne.es

Freephone: (+34) 900 103 191 (telephone support hours: Mon-Fri between 09:00 and 19:00. Does not include public holidays)

When the Shop receives complaints or claims from a Client via any of the communication channels at their disposal, it will provide the Client with an ID code and written acknowledgement of receipt, whether on paper or another durable medium. “The Shop” will resolve complaints and claims as quickly as possible, and always within 14 days of receipt.

 

 

 

2. ACCESS TO AND USE OF THE SHOP

2.1. In order to purchase Products from the Shop, Clients must fill in the online form that is available on the same website. They must follow the instructions provided and are required to provide information that is accurate and honest, for the sole purpose of effecting the purchase procedure.

2.2 If the Client wishes to register with the site, they must also choose a username and password. These are required for security reasons, and enable users to purchase from the Shop as well as enabling their identification during subsequent purchases, the creation of and access to a purchase history, and the management of notifications and preferences. This information is confidential, and for personal use only. It is non-transferable.

Once the Client has registered, the Shop will send confirmation of their registration to an email address chosen by the Client.

The Client will be held solely responsible for ensuring the protection and confidentiality of their password. It shall therefore be presumed that any third party which may use it does so with the consent and on behalf of the Client.

2.3. It shall be presumed that all purchases of Products from the Shop, prior identification and authentication with the username and password will have been legitimately effected by the Client and will be binding. The Client will therefore be held solely responsible for any Product purchase carried out with their username and password.

2.4. Shop Clients must be of legal age. Therefore, and given that the sale of alcoholic beverages to minors is not permitted, the Shop reserves the right to refuse a sale should there be any indication that it is being made by a minor.

2.5 The sale of Products in the Online Shop is not intended for Clients from the HORECA sector (Hotels, Restaurants and Catering). Potential Clients from the HORECA sector should therefore refrain from making purchases through the Shop. Aliza reserves the right to refuse these trades sales.

2.6. Use and navigation of the Shop and/or the purchase of Products implies that the Client has entirely and unreservedly accepted the current terms and conditions.  In the event that the Client does not wish to accept all or part of the applicable terms and conditions, they may simply choose to not access or use the Shop.

2.7. The legal relationship resulting from registering as a Client of the Shop may last indefinitely. However, the Client or Aliza may terminate or suspend this relationship unilaterally at any time, without the need for anything other than a wish to that effect to be expressed to the other party. This termination or suspension will not affect any duties or responsibilities relating to purchases or orders made previously.

 

3. PRODUCT INFORMATION AND AVAILABILITY

3.1. Only Products that currently appear on the Shop website with their key features and price may be acquired from the Shop. Before confirming an order, applicable shipping costs will also be displayed in accordance with the current terms and conditions.

3.2. Promotions shall be duly indicated as such.

3.3. All orders and purchases made via the Shop are subject to availability at the time of purchase.

 

4. SHIPPING COSTS AND CHARGES

4.1. The price of each Product is always displayed in the appropriate currency and, where applicable, will include all related taxes. In the event that the Shop identifies a Product pricing error, it will inform the Client of this and they shall have the option of either confirming their order at the correct price or cancelling the order at no cost to them.

4.2. Product prices do not include shipping costs: these shall be borne by the Client, unless expressly indicated to the contrary. The client will be duly informed of these costs, which will be itemised prior to order confirmation and payment.

4.3. Shipping costs will vary according to the Product purchased, the destination of the Product and the shipping method selected by the Client, among other factors.

Shipping costs by Product type may be viewed here:

https://www.tiendaosborne.es/es/content/envios

4.4. The shipping costs and charges displayed in the Shop exclusively apply to Products sold by the Shop for the time period that they remain advertised. The Shop explicitly reserves the right to change these prices at any time through publication in the Shop. However, the rates applied to each order will be those indicated by the Shop as in effect at the time of that order.

 

5. PURCHASING PROCESS.

5.1. In order to be able to buy Products, the Client must select the desired Product and add it to the Shopping Cart, as indicated in the instructions provided by the Shop.

5.2. Once the purchase is made, Aliza will send confirmation to the Client via an email address that the Client has provided. This will serve as proof of the transaction.

5.3 The Client may ask for the invoice that corresponds to their purchase to be issued to them as an electronic or paper document by selecting the required option during the purchasing process. Neither the order confirmation nor the Proof of Purchase constitute an invoice.

5.4. As per the current terms and conditions, the Shop may only be used by those of a legal age, meaning that before making any purchases in said Shop, the Client must testify to being of legal age, as well as declaring that they are of legal age to purchase and consume products containing alcohol in the location from which they are ordering. It shall be understood that if the Client provides an untrue response and acquires any products of this nature without meeting this requirement, they shall bear sole responsibility for all legal consequences which may result.

 

6. PAYMENT METHODS

6.1. The Client must follow the instructions provided to them by the Shop. Payment for Products and shipping costs may only be carried out using a credit or debit card, or other payment methods which may be offered by the Shop at any time.

In all events, the use of any available payment method will be subject to checks and verifications by the organisations responsible for such actions. Should the relevant organisation not authorise the payment, the purchasing process will be halted, and the order will be cancelled automatically.

When payment is approved, the total amount for the Products, taxes and shipping costs will be taken as the order is placed.

6.2. For the purposes of proceeding to payment via electronic means, the Shop uses an e-commerce payment gateway. Information provided to the Shop by Clients for this purpose are encrypted to ensure maximum security during the payment process, and will be stored in a secure server with a Secure Socket Layer Certificate. Client information will not be stored via the payment gateway under any circumstances, and will only be kept whilst the transaction is under way and payment is being made, until such time as the returns period has expired.

 

7. PRODUCT SHIPPING AND DELIVERY.

7.1. The Shop may offer Clients different shipping options. The availability of different shipping methods will depend on various factors, such as the Shop’s decision to offer a specific shipping method or Product type. At no point does the Shop guarantee the availability of any shipping methods.

Taking into account the above factors, when various shipping methods are available these may fall into the following categories, amongst others:

A) Standard shipping.

B) Express shipping.

7.2. The Client must select their preferred delivery option from those available.

7.3. The transport costs for the chosen delivery option and the expected delivery time will be indicated to the Client during the purchasing process.

7.4. Home delivery address: In the case of both Normal and Standard Shipping, Products bought from the Shop will be sent to the address provided by the Client. This address must not be a post office box or public space, such as a public thoroughfare, plaza, station, airport or similar.

7.5. The delivery time for Standard Shipping will be between 1 and 2 working days in Spain (except for island territories, where the delivery time will be 10 working days), between 2 and 3 days for Portugal (except for island territories, where the delivery time will be 10 working days), and between 3 and 6 days for the rest of Europe. This time will start when the order is confirmed and payment is made, except in the event of force majeure.

7.6. The delivery time for Urgent Shipping will be within 24 hours on any day of the week, excluding Saturdays, Sundays and national or local holidays. This time will start when the order is confirmed, except in the event of force majeure.

7.7. For both Standard and Express Shipping to home addresses, if the delivery is not accepted or it is not possible to deliver a Product to the address provided on the first attempt, a second attempt will be made on the same day or during the days that follow. If delivery on this second attempt is unsuccessful, the Product will be returned to the Shop. Transport and return costs will be borne by the Client and a refund will be issued via the same payment method used for the initial purchase for the cost of the Products which it was not possible to deliver.

7.8. Proof of Purchase will be sent with the Product/s.

7.9. If for any reason the Shop does not comply with its obligation to deliver during the periods set out, or within a timescale specifically agreed with the Shop, the Client will set the agent responsible for the delivery a further deadline, taking circumstances into account. If the Shop does not make the delivery within this additional period, the Client will have the right to terminate the contract. Should the contact be terminated the Shop will return all monies paid by the Client as soon as possible.

7.10. The corresponding guarantee will be shipped alongside any products of a long-lasting nature, and will state: (i) the product to which it refers; (ii) the name and address of the entity providing the guarantee (which will normally be the product manufacturer); (iii) that the guarantee does not affect the client’s statutory rights in the event of product defects or non-conformity; (iv) the guarantee duration; (v) valid ways of making a claim; and (where applicable) any rights awarded to the client in addition to those required by law.

PLEASE NOTE: Shipping times are always calculated in working days, and do not include weekends or holidays. Orders confirmed after 13:30 will count as recorded on the following day, since it will not be possible to prepare them on the same day.

 

8. CANCELLATION.

Clients who acquire Products from the Shop are free to cancel their purchase without justifying their decision to withdraw from the contract.

Refunds for Products may be carried out via the Shop by filling in the online form accompanying the refund request, or by contacting the Customer Service Department, where you will be provided with information on how to proceed:

OSBORNE SHOP

Parque logístico Carmona

Ctra. Nacional IV Madrid-Sevilla km. 521

41410 Carmona –Sevilla-

Email: ayuda@tiendaosborne.es

Freephone: (+34) 900 103 191 (telephone support hours: Mon-Fri between 09:00 and 19:00. Does not include public holidays)

 

Clients have a maximum of 14 calendar days from the date on which they received the Products in which to contact us.

The Client must return the acquired Products in perfect condition (not damaged, soiled or opened), with adequate protection, and in their original packaging. Before returning the Product, the Client must ensure that it is adequately protected and sealed so as not to be damaged during transit.

Once the Shop receives the returned Products and has verified that they are in good condition, it shall proceed to refund the amount corresponding to the returned items, using the same payment method with which the Client made the initial purchase.

The return costs that may be charged to the Client will not exceed the equivalent of the relevant shipping rates by standard post. However, these may vary according to the nature of each Product.

The Shop reserves the right to pass on the charges incurred should the Product not arrive in perfect condition.

Products may not be returned if by their very nature a return would be impossible to carry out, without detriment to the corresponding claim for the damages suffered. This specifically includes: (i) Products prepared in accordance with the instructions or specifications of the consumer, or which have been customised for this last; (ii) Products which have passed their sell-by date during the returns period; (iii) Products which are not in perfect condition.

 

9. GENERAL WARRANTY.

In order for the warranty to be applied as laid out in the Consolidated Text of the Consumer Protection Act, and notwithstanding the ability of the Shop to verify defects, their cause and the point at which they appeared, the Client must request collection of the defective Product within two months of the defect being identified, and must inform the Shop in writing of the nature of the issue, the point at which it occurred and the circumstances surrounding its onset. An exception is made for perishable items, for which this period is reduced to one month.

 

 

10. QUALITY GUARANTEE FOR IBERIAN PRODUCTS.

All Iberian Products offered by the shop display a best-before date and suggested storage conditions. We would therefore recommend that customers note these recommendations.

All Products have undergone rigorous quality control, and reach the market in accordance with standards approved by the brand. Personal opinions regarding the seasoning or curing of products will not be considered as defects, and neither will aesthetic considerations.

If the Client believes that an Iberian Product is not fit for consumption, they must contact the Customer Service Department with the least possible delay, either via https://www.tiendaosborne.es/, emailing ayuda@tiendaosborne.es or calling (+34) 900 103 191 to inform us of the nature of the issue, the point at which it occurred and the circumstances surrounding its onset.

In order for the quality guarantee to be applied, and notwithstanding the ability of the Shop to verify defects, their cause and the point at which they appeared, the Client must request collection of the defective Product within one month of the Iberian Product being received, or immediately following the identification of the defect.

Claims will not be accepted under any circumstances for hams and shoulders weighing 80% or less of their original weight.

If the Shop deems that the condition of the Iberian Product was indeed not satisfactory, and that this was in no way attributable to the Client (particularly through incorrect storage conditions), the Shop accepts full responsibility for substituting said Product at no extra cost to the Client.

If the Shop deems the defect upon which the claim is based to be attributable to the Client, or that the condition of the Product is satisfactory, it will send the Product back to the Client who must then bear the costs of collection, return and reissuing.

 

11. PERSONAL DATA

The Shop undertakes to comply with all regulations relating to data protection www.tiendaosborne.es/content/privacidad

 

12. GENERAL POINTS.

In accordance with current legislation, Aliza makes the present terms and conditions available to users in due time so that they may be viewed, saved and reproduced.

Should all or part of any provision made by these Terms and Conditions be declared null and void or inapplicable by any Court, Tribunal, or other competent administrative body, said nullity or derogation will not affect the remaining provisions. In this event, the clause or clauses concerned will be replaced by another or others with the most similar effects to those replaced possible.

 

13. APPLICABLE CALENDAR

All time periods and mentions of working or business days made by the Shop shall be understood to refer to the Spanish National Working Calendar.

 

14. APPLICABLE LEGISLATION.

For the resolution of conflict, parties agree to renounce any other jurisdiction and be subject to the courts and tribunals of the user’s place of residence.

These Terms and Conditions have been written in accordance with Law 34/2002 on Information Society Services and Electronic Commerce, and the Royal Legislative Decree 1/2007 of the 16 November which approves the Consolidated Text of the Consumer Protection Act and other supplementary laws in conformity with this last publication.