1. Legal notice
Guimarana Dream Food S.L, trade name registered in Spain, with C.I.F number B09987017 with registered office at Avenida Reino de Murcia 174, Zarandona, Murcia – Spain, is the company that owns the Web Portal www.guimarana.com Guimarana Dream Food S.L. makes the Web Portal www.guimarana.com available to Internet users so that they can learn about the company as well as the services it offers. Any incident, comment, suggestion, complaint or claim related to a purchase made through the Web Portal must be communicated to the email address: firstname.lastname@example.org
2. Purpose and scope of application
Only registered users of legal age (18 years) may process orders through the Web Portal. The client (hereinafter, the "Customer") who makes use of the Web Portal guarantees that they are at least of said age, as well as the veracity of all the registration data provided to the Web Portal. In any case, the Customer will be solely responsible for the false or inaccurate statements made and the damages caused by Guimarana Dream Food S.L. or third parties for the information you provide. Likewise, the resale to third parties of the products purchased through the Web Portal is totally prohibited.
The language in which the contract between Guimarana Dream Food S.L. and the Client is Spanish, and where appropriate, the relevant language according to the Client's nationality.
5. Technical means to correct errors
In the event that the Customer made a mistake when sending the data, they may contact Guimarana Dream Food S.L. by phone 601 43 74 01 or by email email@example.com. In the event that it is an error that occurs during the contracting process, it can be corrected at any time before completing the purchase process. Once the purchase is completed, the data can only be modified before the order is sent.
The prices applicable to each product are those indicated on the Web Portal, all including VAT (Value Added Tax), but excluding shipping costs, which will be added to the total amount due. In any case, the corresponding shipping costs are always indicated in the order before its completion, and the Client must accept them previously. The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer. The Web Portal contains several products and it is likely that, despite the best efforts made by Guimarana Dream Food S.L. in making sure that all the prices that appear in the Web Portal are correct, errors occur. If the correct price of a product is lower than the price set on the Web Portal, the Customer will be charged the lower amount.
7. Forma de pago
The Client may make the payment with credit or debit cards. Payment will be made through a Virtual POS, once all the credit card details are entered and once included, click on the "FINISH PURCHASE" button.
8. Order processing and registration on our web portal
To make the purchase, the Customer must provide various personal data. In this sense, you can state an address for billing purposes other than the shipping address. Prior to completing the purchase, the Customer will be informed about the exact amount of each of the orders, including the associated shipping costs and the taxes applicable to each of them. The acquisition of the products must be done through the activation of the "FINISH PURCHASE" button that appears at the bottom of the page of the purchase request, and expresses the total acceptance of these General Conditions of Contract prior to the acquisition of the products. , without applying the changes that may occur in the clauses of the General Conditions later. The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer. The Web Portal contains several products and it is likely that, despite the best efforts made by Guimarana Dream Food S.L. in making sure that all the prices that appear in the Web Portal are correct, errors occur. If the correct price of a product is lower than the price set on the Web Portal, the Customer will be charged the lower amount.
9. Acceptance and acceptance test
As indicated in section 8 above, the acquisition of the products must be done by activating the "FINISH PURCHASE" button that appears at the bottom of the purchase request page, and expresses full acceptance of these General Conditions. of Hiring. From the moment of acceptance, the user acquires the status of Client of Guimarana Dream Food S.L. described in these General Contract Conditions. Any product or service subsequently offered by Guimarana Dream Food S.L. must be subject to a new contract. If the Customer wishes to read the General Contract Conditions more carefully, they can print on paper or save the document in electronic format. Guimarana Dream Food S.L. will send the Client, once these General Conditions of Contract have been expressly accepted, justification of the contract made, with all its terms, via email, or certified mail with acknowledgment of receipt within 24 hours of the buys. Guimarana Dream Food S.L. informs you that it archives the electronic documents in which the purchases are formalized.
It is expressly reported that Guimarana Dream Food S.L., will provide the necessary means, ensuring adequate transport so that the products arrive at the customer's home in perfect condition and with the maximum expiration date offered by the product. Deliveries are made from Monday to Friday working days. Therefore, orders are not delivered on weekends or holidays. The delivery time for orders is 1 to 2 business days from the time the customer places the order, depending on the shipping address. At the time of delivery, the Customer must sign the order delivery note as the order has been delivered and accepted. If the Client does not receive the order within the indicated period or if he receives a product in poor condition or an unsolicited product, he can contact Guimarana Dream Food S.L. through the Contact section of the Web Portal or send an email to: firstname.lastname@example.org so that we can proceed to resolve the incident as soon as possible, charged to Guimarana Dream Food S.L. Guimarana Dream Food S.L. will not assume any responsibility for delays in the delivery of orders when this delay is for exclusive reasons of the buyer. In general terms, and in accordance with the provisions of current regulations, Guimarana Dream Food S.L. will not be held responsible when the damages caused to the buyer are caused by his sole fault or by that of the people who have to respond civilly. Note 1: Guimarana Dream Food S.L. only makes shipments to the Iberian Peninsula. Therefore, shipments to the Balearic Islands, the Canary Islands, Ceuta and Melilla are excluded. Note 2: Guimarana Dream Food S.L. You are not required to know the municipal holidays. The client has the responsibility to communicate it to take it into account in the delivery schedule.
11. Cancellation or withdrawal of order
11.1 Order cancellation Guimarana Dream Food S.L. guarantees the Client the possibility of canceling his order at any time and without any cost, provided that the cancellation is communicated before the order has been made available to the carrier for shipment. 11.2 Exercise of the right of withdrawal It is expressly informed that, due to the special characteristics of the products offered on the Web Portal, they can be returned within a period of 14 days in accordance with current regulations, this right being without effect as soon as the products are unsealed and in accordance with the provisions of Article 103, section "e)", of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users.
12. Personal data and commercial communications
13. Industrial and intellectual property
The intellectual and industrial property rights over the creations, brands, logos, and any other subject to protection, contained in the Guimarana Dream Food S.L. correspond exclusively to Guimarana Dream Food S.L. or to third parties who have authorized their inclusion in the Web Portal. The unauthorized reproduction, distribution, commercialization or transformation of such creations, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of Guimarana Dream Food S.L. or the owner of the same, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights. Likewise, the information to which the Client can access through the Web Portal, may be protected by industrial, intellectual or other property rights. Guimarana Dream Food S.L. will not be responsible in any case and under no circumstances for the infringements of such rights that you may commit as a Client.
14. Responsibilities of Guimarana Dream Food
Guimarana Dream Food S.L. guarantees the quality of the service contracted through the Web Portal. All the rights that the Laws in force guarantee to consumers and Clients are guaranteed. Failure to comply with the General Contract Conditions may lead to the return of the products or the cancellation of the Services acquired by the Client.
15. Customer responsibilities
The Client undertakes to make lawful use of the Services, without contravening current legislation, nor injuring the rights and interests of third parties. The Client guarantees the veracity and accuracy of the data provided when completing the contracting forms, avoiding the cause of damages to Guimarana Dream Food S.L., product of their incorrectness. Failure to comply with the General Contract Conditions may lead to the withdrawal or cancellation of the Services by Guimarana Dream Food S.L. without the need for prior notice to the Client and without this giving the right to any compensation.
16. Assignment of rights and obligations
These General Contract Conditions are binding both for the Client and for Guimarana Dream Food SL.. Guimarana Dream Food S.L. may transmit, assign, encumber, subcontract or in any other way transfer the General Contracting Conditions or any of the rights or obligations derived from them, at any time during the validity of the General Contracting Conditions. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, where appropriate, the Client has as a consumer recognized by Law; they will not annul, reduce or limit in any other way the guarantees, both express and implied, that Guimarana Dream Food S.L. could have granted or that the laws in force grant to Clients and Consumers.
17. Written communications
The applicable regulations require that part of the information or communications that Guimarana Dream Food S.L. send to the Client is in writing. By using this Web Portal, the Client accepts that most of said communications with Guimarana Dream Food S.L. be electronic. Guimarana Dream Food S.L. will contact the Client by email or provide information by posting notices on the Web Portal. For contractual purposes, the Client agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Guimarana Dream Food S.L. sends electronically comply with the legal requirements of being made in writing. This condition will not affect the rights recognized to the Client by Law.
Las notificaciones que el Cliente envíe Guimarana Dream Food S.L. deberán remitirse a Avenida Reino de Murcia 174, E1, P01 C, Zarandona, Murcia – España., o a través de la siguiente dirección de correo electrónico email@example.com. Con arreglo a lo dispuesto en la cláusula 17 anterior y salvo que se estipule lo contrario, Guimarana Dream Food S.L., podrá enviar al Cliente comunicaciones comerciales bien al correo electrónico o bien a la dirección postal facilitada por el Cliente a la hora de realizar un pedido. Se entenderá que las notificaciones han sido recibidas y han sido correctamente hechas en el mismo instante en que se cuelguen en el Portal Web, 24 horas después de haberse enviado un correo electrónico, o tres días después de la fecha de franqueo de cualquier carta. Para probar que la notificación ha sido hecha, será suficiente con probar, en el caso de una carta, que tenía la dirección correcta, estaba correctamente sellada y que fue debidamente entregada en correos o en un buzón y, en el caso de un correo electrónico, que el mismo fue enviado a la dirección de correo electrónico especificada por el receptor.
19. Partial nullity
If any clause or provision of these General Contract Conditions is declared null and void by a final resolution of a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
20. Entire Agreement
These General Conditions of Contract and any document to which express reference is made in them constitute the entire agreement between the Client and Guimarana Dream Food S.L. in relation to the object of the contract.
21. Modification of the general contracting conditions
These General Conditions will be in force during the time that they are displayed on the Guimarana Dream Food S.L. Web Portal, so that, as soon as they are totally or partially modified or updated, these conditions will cease to be in force, the new General Conditions being the that come to regulate the use of the Web Portal. Guimarana Dream Food S.L., se reserva la facultad de revisar, modificar o actualizar en cualquier momento las presentes Condiciones Generales. En todo caso, cualquier modificación, revisión o actualización de las presentes Condiciones Generales no afectará a los pedidos realizados con anterioridad a la fecha de publicación en el Portal Web de las nuevas Condiciones Generales, que se regirán por la versión de las Condiciones Generales vigente en el momento de su aceptación por el Cliente, salvo que por Ley o decisión de las autoridades competentes Guimarana Dream Food S.L. deba efectuar modificaciones con carácter retroactivo, en cuyo caso, los posibles cambios también afectarán a los pedidos que el Cliente hubiera efectuado previamente. En caso de no estar de acuerdo el Cliente con alguna/s de las cláusulas de las Presentes Condiciones Generales, el Cliente deberá comunicarlo a Guimarana Dream Food, con anterioridad a su aceptación, mediante correo electrónico a la dirección firstname.lastname@example.org. En caso de ser aceptadas por Guimarana Dream Food S.L., las modificaciones propuestas por el Cliente, Guimarana Dream Food S.L., enviará electrónicamente al Cliente unas Condiciones Particulares de Contratación que incluyan los cambios que Guimarana Dream Food S.L., hubiera considerado oportuno aceptar, si los hubiere.
22. Data protection
22.1. The Customer, once registered on the Web Portal and regardless of whether or not the order is placed, gives their express consent to Guimarana Dream Food S.L. to: a) Include personal data in a File of its ownership registered in the General Registry of the Spanish Agency for Data Protection (AEPD Guimarana Dream Food S.L., will be responsible for said File at all times and will adopt security measures necessary, in accordance with the applicable regulations provided by Organic Law 15/1999, on the Protection of Personal Data to carry out the management, maintenance, accounting and execution of the File, both for the Client's registration on the Web Portal, as well as for the maintenance of clients for statistical purposes and for the analysis of subsequent orders. b) Keep the data provided once the contractual relationship has ended during the legally established periods, to comply with their legal obligations. 22.2. The Client authorizes Guimarana Dream Food S.L., to process their personal data, in carrying out commercial, advertising and promotional activities and communications, by sending emails and SMS messages, including customer loyalty programs. The Client is informed and expressly consents that in order to carry out the purposes described, their personal data may be sent to companies that provide said services. 22.3. In accordance with Organic Law 15/1999, the Client will have the rights of information, access, rectification, cancellation and opposition to data processing, without prejudice to the provisions of point 14.1 e) of this clause. The Client may exercise their rights of access, rectification, cancellation and opposition in the terms established in current legislation, by contacting the Guimarana Dream Food S.L Office, located at Avenida Reino de Murcia 174, E1, P01 C, Zarandona, Murcia – Spain. 22.4. This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transmitted to a Google server in the United States and stored there.
23. Jurisdiction and applicable law
In the event that any conflict or discrepancy arises in the interpretation or application of these General Conditions of Contract, the Courts and Tribunals that, where appropriate, will hear the matter, will be those that have the applicable legal regulations in matters of competent jurisdiction. , which attends, in the case of final consumers, to the place of fulfillment of the obligation or to the domicile of the purchasing party. All this without prejudice to the right of the Client to go to the Consumer Arbitration Board of his demarcation. In the case of a sale carried out by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Murcia, Spain.
24.1. These General Conditions have been signed electronically. Guimarana Dream Food S.L., will send an additional copy of these Conditions to the electronic address that the Client has indicated in the Web Portal, prior written request of the latter. In any case, the General Contract Conditions will be available to the Client on the Web Portal. 24.2. The modifications that Guimarana Dream Food S.L., may include in the General Conditions of Contract, will not affect, under any circumstances, the Conditions previously signed with the Client. In any case, the Client, in subsequent orders, must know the General Conditions that are in force at any time, and must follow the procedure stipulated for placing orders. 24.3. The General Conditions will remain in force until all the obligations defined therein have been fully fulfilled. 24.4. The Client authorizes Guimarana Dream Food S.L. through these General Conditions, to assign at any time to a Third Party, the right of credit that it holds against it. 24.5. Any correspondence sent by mail, with the exception of the Invoice, will be done by registered letter or any other method reasonably valid for this purpose, and will be considered delivered after a period of seven (7) days from the date of issue. 24.6. In any case, and given that these General Conditions are subscribed electronically, the Client has perfect access to the Guimarana Dream Food S.L. Web Portal. 24.7. Prior to the formalization of these General Conditions and after them, the rights and obligations of the Parties will be regulated by Spanish legislation regarding distance contracting, also including the Spanish Civil Code and regulations on protection of consumer rights. 24.8. Through the formalization of these General Conditions, the Parties are duly informed of their rights and obligations, for which they freely give their consent with them.