GENERAL TERMS AND CONDITIONS OF PURCHASE OR PROCUREMENT

This contractual document shall govern the procurement of products and services via the website www.torclum.com, which is owned by TORCLUM, hereafter TORCLUM.

Acceptance of this document implies that the user:

  • Has read, understands and comprehends the matters laid out herein.
  • Is a person with sufficient capacity to enter into a contract.
  • Takes on the obligations provided for herein.

These terms and conditions shall have an indefinite validity period and shall be applicable to all procurements conducted via the TORCLUM website.

TORCLUM states that the business is responsible and is aware of the legislation in force in the countries to which it sends its products, and it reserves the right to unilaterally modify the terms and conditions, without affecting the goods or promotions that were acquired prior to the modification.

I. TORCLUM’S ONLINE SHOP

IDENTITY OF THE CONTRACTING PARTIES

On the one hand, the supplier of the goods or services procured by the user, which is TORCLUM, SL., with business address at C/ Pau Casals, 5. 43717 – Bisbal del Penedes, Tarragona. With Tax ID No. [NIF] B55774889 and user/customer service telephone number +34 615 602 582 / +34 620 148 362

And on the other hand, the user, registered on the website via a username and password, for which they have full responsibility for its use and safekeeping, and are responsible for the veracity of the personal data provided to TORCLUM.

II. PURPOSE OF CONTRACT

The purpose of this contract is to regulate the contractual sales relationship created between TORCLUM and the user the moment the latter checks the corresponding box during the online procurement process.

The contractual sales relationship involves the delivery of a specific product or service, in exchange for a publicly stated set price, via the website.

III. PURCHASING PROCESS

Save for specific stipulation in writing, the placing of an order with TORCLUM implies acceptance of these legal conditions on the part of the user. No stipulation made by the user may differ from those of TORCLUM, if it has not been expressly accepted in advance and in writing by the SERVICE PROVIDER.

In order to make purchases from TORCLUM, the user must be of legal age and have full authority to enter into contracts, in accordance with Spanish legislation.

The user, in order to be able to access the services or products offered by the SERVICE PROVIDER, must register via the website, by creating a user account. For this, the user must freely and voluntarily provide the personal details requested of them, which shall be handled in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR), and Spanish Organic Law 3/2018, of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.

The user shall select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the SERVICE PROVIDER if they are lost or stolen, or in the event of possible access by an unauthorised third party, so that the latter may proceed to immediately block them.

In order to initiate the purchase process it is necessary to create a user profile on our online shop. The information we will request for this shall only be that which is strictly necessary to manage your purchases and send them correctly. You can find out more about data processing in our privacy policy.

Once the profile is created, you can browse our page, choose the items you want and add them to the shopping basket. When your shopping list is complete, you just have to choose your preferred payment and delivery methods.

BASKET (QUOTATION SIMULATION)

Any product in our catalogue can be added to the chart. In it, you will only see the items, amount, price and total sum. Once the chart is saved, any taxes, charges and discounts will be calculated according to the payment and delivery details entered.

From the chart, an order may be placed by following these steps for in order to correctly formalise the order:

  1. Confirmation of billing information.
  2. Confirmation of delivery address.
  3. Selection of payment method.
  4. Placement of the order (purchase)..

It is important to ensure that all of the information entered in the various sections that are required for the purchase and delivery of the products are correct and accurate.

IV. PRICING AND VALIDITY PERIOD OF OFFERS

The prices indicated for each product include the Value Added Tax (VAT) and any other taxes that may apply. These prices, unless expressly indicated otherwise, do not include costs for postage, handling, packaging, shipping insurance or any other additional and supplementary services related to the product or service purchased.

The prices applicable to each product are those published on the website, and they shall be stated in EUROS. The user accepts that the economic valuation of some of the products may vary in real time.

Next to the photo of each of our products, you will find the final price. Likewise, the invoice we send you via email will state the cost of the item, the cost of delivery and any taxes applied.

Before making the purchase you will be able to check all of the details of the quotation online: items, amounts, price, availability, transportation costs, charges, discounts, taxes and the total of the purchase. Prices may change daily, if an order is not placed.

*In the event of a typographical error on the price, it shall be corrected with the utmost diligence when it is identified. If the error affects a buyer, they may cancel their purchase without incurring any cost to themselves.

V. PAYMENT METHODS, COSTS AND DISCOUNTS

TORCLUM allows several payment methods to be used, which will make your purchase experience on our online shop easier.

You can choose to pay for your purchases between:

  • Paypal
  • Bank Transfer
  • Credit Card
  • Bizum

* Whichever option you choose, the price remains the same.

The payment methods made available have been chosen with the aim of providing the maximum amount of security during the transaction. The payment gateway Paypal, and the bank that we work with, have their own respective security certificates.

VI. DISPATCH, DELIVERY TIME AND METHOD

TORCLUM will not send any order until it has confirmed that the payment has been made.

The order will be dispatched according to the availability of the product and/or any special characteristics. At the time of choosing the product, the customer will know if it is in stock, or if it has any particular characteristics concerning purchase or delivery.

Items that are in stock and immediately available will be dispatched the day after confirmation of the transaction. If that day falls on a bank holiday, it will be done on the next working day.

The delivery times for items that are not immediately available or are out of stock will be indicated at the moment of purchase.

If you have any queries, you can contact us and let us know.

DELIVERIES:

At TORCLUM we want you to have the items you purchase from our online shop as quickly as possible, and so the courier service we use is: Nacex, for deliveries to Spain and Portugal; and Szendex for the Balearic Islands, Andorra, France and Germany.

Delivery destinations, time frames and costs:

At TORCLUM, we deliver to the following destinations, with the following time frames:

  • Mainland Spain: 48 hours
  • Balearic Islands: 72 hours

We do not deliver to Formentera.

  • Andorra: 48 hours
  • Portugal: 48 hours
  • France: 96 hours
  • Germany: 96 hours

The cost of delivery may vary depending on the weight of the order. For purchases above 150 euros, delivery within mainland Spain will be free.

* The above time frames are counted from the moment the item is received by the chosen courier service.

* In the event that the order is placed on a non-working day/public holiday, the item will be sent on the next working day.

* The given time frames are guidelines, based on the product being in stock, and normal traffic and climate conditions. If for any reason the delivery times cannot be met, the customer will be informed immediately so that they can decide whether to continue with the process or cancel the transaction.

*Remember that the maximum delivery period, according to current legislation, is 30 days.

* TORCLUM shall not accept any liability in the event that the product or service cannot be delivered due to false, inaccurate or incomplete information provided by the USER.

* It is up to the USER to check the products upon receipt and to mention all reservations and complaints in the delivery receipt document.

VII. COMPLAINT

TORCLUM provides the following contact methods in the event that the user deems it necessary to make a complaint:

  • Delivery address: Torclum, S.L., with address at C/ Pau Casals, 5. 43717 – Bisbal del Penedes, Tarragona (SPAIN).
  • Email: info@torclum.com

Your request will be dealt with as soon as possible.

VIII. FORCE MAJEURE

The parties shall not incur any liability for any fault due to force majeure. Compliance with the obligation shall be postponed until the cause of the force majeure has ceased.

IX. COMPETENCE

The user may not assign, transfer or transmit the rights, liabilities and obligations contracted in the sale.

If any stipulation in these terms and conditions is deemed void or impossible to fulfil, the validity, legality and compliance with the rest shall not be affected in any way, nor shall they be modified in any way.

The user declares that they have read, understood and accepted these General Terms and Conditions in their entirety.

X. GENERAL INFORMATION ON THE OFFER

All sales and deliveries made by TORCLUM shall be subject to these General Terms and Conditions.

No modification, alteration or agreement contrary to TORCLUM’s commercial proposal or stipulated here shall be effective, save in the case of express agreement in writing signed by TORCLUM, in which case, these particular agreements shall prevail.

Given the continuous technological advances and improvements to the products, TORCLUM reserves the authority to modify its specifications regarding the information provided in its advertising, so long as this does not affect the value of the products offered. These modifications shall furthermore be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

XI. CHANGES

No changes to the products purchased will be allowed. Before selecting the product to be purchased, choose its characteristics correctly because, given that they are products for human consumption, returns are not permitted for health and safety reasons.

XII.WITHDRAWAL

At TORCLUM, we guarantee the right to withdraw from your order.

This right shall take effect as long as you state your desire to withdraw from the purchase within a deadline no greater than 14 days after receipt of the product. Please read the following content.

  • Right of withdrawal:

You have the right to withdraw from the contract within a deadline of 14 calendar days with no need for justification.

The deadline for withdrawal will expire 14 calendar days after the day on which you or a third party indicated by you, other than the transportation company, took physical possession of the purchase made on our online shop.

In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract via an unequivocal declaration, for example, a letter sent by post, fax or email; we suggest you contact us via email at info@torclum.com

In order to comply with the deadline for withdrawal, it is sufficient for the communication concerning your exercise of this right to be sent before the corresponding deadline has passed.

  • Consequences of withdrawal:

In the event of withdrawal on your part, we will return all of the payments received from you, except the delivery costs, without any undue delay, and in any case, at most 14 calendar days from the date on which you informed us of your decision to withdraw from the present contract. We will be able to retain the refund until we have received the goods.

We will proceed to carry out said refund using the same payment method used by you for the initial transaction, unless you have expressly indicated otherwise; in any event, you shall not incur any expenses as a result of the refund; we may retain the refund until we have received the goods.

You must return or directly deliver to us the goods at TORCLUM’s address without any undue delay and, in any event, no later than 14 calendar days from the date on which you informed us of your decision to withdraw from the contract. The deadline shall be deemed to have expired if the goods are returned before the deadline has expired.

The product must be in its original packaging, in the same conditions in which it was delivered, with the seal intact. Once the condition of the returned product has been verified, we will proceed to refund the money.

*Note: The customer must bear the direct cost of returning the goods.

  • Refund of money due to withdrawal: All refunds of money due to exercise of the right to withdrawal shall be made via the same method through which the buyer made the payment. No penalties of any kind shall be applied for these reasons.

XIII. CANCELLATIONS

Given that at TORCLUM we dispatch the product as soon as possible, in the event of cancellation when the product has already been dispatched, the buyer shall bear the costs of the return.

  • Reimbursement of money due to cancellation. Reimbursements of money due to cancellation of the purchase shall be made via the same method through which the buyer made the payment. No penalties of any kind shall be applied for these reasons.

XIV. APPLICABLE LEGISLATION

The purchase system is subject to current Spanish legislation.

In the event of any conflict or discrepancy arising, the Courts competent to hear the case shall be:

  1. Consumers and users: those of the residence of the buyer or the place of performance of the obligation.
  2. In the event that the purchasing party is resident outside of Spain, or if the purchase is made by a company, both parties expressly renounce any other forum, and subject themselves to the Courts in Tarragona.
  3. In accordance with Article 14.1 of European Union Regulation 524/2013, you may access the dispute resolution platform online via the following http://ec.europa.eu/consumers/odr/