GENERAL CONTRACT TERMS
1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTUAL CONDITIONS (hereinafter also referred to as the General Conditions or GCC):
On one side, the supplier of the products, EI ES IM-PERFECT® FOOD SL , whose trade name is IT'S IM-PERFECT® (hereinafter also the Provider), with registered office at Carrer Del Vallès, 57-59, 08820, El Prat de Llobregat (Barcelona), NIF B42736959 , telephone number of Customer service number 931972049 , and email address: comunicacio@esimperfect.com , being the owner of the website www.esimperfect.com , sets out the contractual document that will govern the purchase of products through the website mentioned.
And on the other hand, the User – Client (hereinafter the User), registered on the website using a username and password, for which he/she has full responsibility for use and safekeeping, being responsible for the veracity of the personal data provided to the provider.
BOTH By accepting this document, the user agrees that:
a. He/She has read, understands and comprehends what is stated here.
b. That he/she is of legal age and has sufficient capacity to enter into a contract.
c. That assumes all the obligations set forth herein.
d. That he/she has read and accepts the present general terms and conditions of purchase from the moment you purchase any product offered.
This document can be printed and stored by Users.
The provider makes the email address available to them. comunicacio@esimperfect.com so that they can raise any questions about these conditions.
These terms and conditions will have an indefinite period of validity and will apply to all contracts entered into through the website www.esimperfect.com from the provider.
The provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting goods or promotions purchased prior to the modification, in order to improve the products offered. In any case, these General Terms and Conditions must be consulted before purchasing any products.
It is advisable to keep a copy of the data contained in the purchased products. IT'S IM-PERFECT® is not responsible for any loss of data, files or any damage resulting from a failure by the User to back up the data contained in the purchased products such as memory cards.
IT'S IM-PERFECT® is not responsible for the consequences that may result from improper use of the products sold on the website.
Civil liability of IT'S IM-PERFECT® The user's liability for the supplied products is limited to the amount of the products themselves; the user waives any right to claim any liability from IT'S IM-PERFECT® for any reason, in any case of dissatisfaction with products purchased on the website www.esimperfect.com , as well as possible failures, slow access or errors in accessing the website, including loss of data or other type of information that may exist on the computer or network of the user accessing the website www.esimperfect.com
IT'S IM-PERFECT® It is a company specializing in the distance selling of canned vegetable products. IT'S IM-PERFECT® It sells its products remotely via the Internet through its website and/or by telephone.
2. SUBJECT OF THE CONTRACT:
2.1 Scope of application: This contract governs the contractual relationship of sale and purchase established between the provider and the user when the user accepts these terms and conditions of purchase during the online contracting process by checking the corresponding box. These General Terms and Conditions will apply from the date the order is placed.
The contractual relationship of purchase and sale involves the delivery, in exchange for a price that is determined and publicly displayed through the website, of a specific product.
2.2 Territory of application: The online store of www.esimperfect.com It is active for mainland Spain.
2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: Order validation via the website www.esimperfect.com This is done via email and also implies automatic acceptance of the General Terms and Conditions. These conditions are available on the website www.esimperfect.com Or, if you wish and request it, we can make it available to you by email.
2.5. Modification of the General Contract Terms: IT'S IM-PERFECT® We reserve the right to make changes and/or modifications to these General Terms and Conditions. We advise our customers to review them regularly. If these changes or modifications are introduced after an order has been placed, the terms and conditions in effect on the date the order was placed will apply.
3. INFORMATION PROVIDED ON THE WEBSITE www.esimperfect.com :
3.1 Price Publication: The prices of the products are those shown for each product on our website www.esimperfect.com
3.2 Product Information: The information contained in our advertising, brochures, other written materials, on our website, or provided to you constitutes an invitation to make a purchase. The content of www.esimperfect.com They are constantly being renewed and updated to offer our clients the most complete and detailed information possible. All contractual information is available at www.esimperfect.com They are displayed in Catalan and communication with clients and users, as well as the formalization of the contract, will be carried out in this language, although, if the client so wishes, it can be done in Spanish and English.
3.3 Product Availability: There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.
3.4 Right of Cancellation: ES IM-PERFECT® reserves the right to cancel the shipment of any product that does not meet the quality requirements imposed on all products. www.esimperfect.com . In the event that this lack of quality is detected, the Customer Service of IT'S IM-PERFECT® We will suggest a replacement product and, if the replacement is not to the customer's liking, we will proceed to refund the cost of said product.
3.5 Orders 24/7, every day of the year: Orders can be placed 24 hours a day, 365 days a year, except during the holiday period from August 11 to August 24, 2021 (inclusive). Orders placed after 2:30 p.m. will not be processed until the next business day in Barcelona. Orders received after 2:30 p.m. on Friday will be processed on Monday and delivered within the delivery period specified in section 5.4, for mainland Spain.
3.6 Fraud: Yeah IT'S IM-PERFECT® If any anomaly or fraud is suspected or detected, the right is reserved to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE:
To access the products offered by the provider, users must register through the website by creating a user account. To do so, users must freely and voluntarily provide the required personal data.
The user will select a username and password, committing to use them diligently and not to make them available to third parties, as well as to inform the provider of their loss or theft or of possible access by an unauthorized third party, so that the provider can proceed to block them immediately.
The user may not choose as a username words that are intended to confuse others by identifying him as a member of the provider, as well as offensive, insulting and generally illegal expressions or expressions contrary to the requirements of morality and good customs.
Once the user account has been created, please note that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow these steps:
1. Choose the product by clicking on it, and it will be automatically added to the “shopping cart”.
2. To add more products, select "Continue Shopping." If you have accidentally added an item you don't want, click "Remove from Cart."
3. Once you have selected your product(s), click on the "Finish" tab to place your order. Clicking this option will display your purchase confirmation (a summary of your order, your details, and your chosen payment method).
4. The user's credentials will be requested in three ways:
a. User registration: If you are not a previously registered user, in order to make the purchase (registration is free), you must complete a data collection form (in which you will have to accept the Privacy Policy ). Once completed, you will receive a registration confirmation email at the email address provided.
b. If you are already registered and a customer: you can access your data by clicking on the already registered user button, and entering your username and password.
c. Guest Checkout: A series of personal details are requested to process the order and subsequent delivery. The user's consent is then requested to store their data. If consent is given, the data is stored and product information will be sent if permitted; otherwise, the data will be stored for future purchases only.
You should check your email inbox's spam and junk mail filters and always verify that the contact details you provide are correct.
5. Once registered, an observations screen will appear, where you can indicate the delivery time; a checkbox that you must tick as this is your acceptance of these terms. General Contract Terms and Conditions Privacy Policy .
6. To finalize the process, you must click on the button Finish .
In any case, the provider's contracting platform will inform the user, once the contracting procedure is completed, via email regarding all the characteristics, price, transport methods, contracting date and delivery times of the purchased product.
If there is any error in the address provided or in any other part of the order, you must notify us immediately at the email address shown on the website so that we can correct the error.
If you have any questions, you can contact our Customer Service department through any of the methods provided on the website. www.esimperfect.com .
IT'S IM-PERFECT® We will provide FREE Customer Support through our contact email address comunicacio@esimperfect.com . If you choose another alternative means of communication, the user will be responsible for the individual cost of that means.
IT'S IM-PERFECT® It provides you with telephones in Spain subject to the cost of your telephone operator.
GUEST PURCHASE
This website also allows purchases through guest checkout. In this mode, you will only be asked for the information necessary to process your order. Once the purchase process is complete, you will be given the option to register as a user or continue as a guest.
5. SHIPPING:
5.1 Transport company: They will be carried out through the SEUR Company, whose Customer Service Center is here .
5.2 Shipping costs: Shipping costs will be applied as follows:
• For orders between 0.1 kg and 4 kg, the shipping cost will be for national destinations (mainland Spain): €5.20
• For orders between 4.1 kg and 10 kg, the shipping cost for national destinations (mainland Spain) is: €7.50
• For orders over 10 kg, the shipping cost for national destinations (mainland Spain) is: €9.50
• For orders of €60 or more, shipping will be gratuitous throughout the Spanish peninsular territory.
When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically display the aforementioned shipping price.
5.3 Shipping address: Orders will be delivered to the address freely designated by the user. Therefore, the provider assumes no responsibility if the product is not delivered because the information provided by the user is false, inaccurate, or incomplete, or if delivery cannot be completed due to reasons beyond the control of the assigned shipping company, such as the recipient's absence.
The order will be delivered during normal working hours.
Notwithstanding the foregoing, the provider has taken the measures required of a diligent merchant to ensure that delivery can be made within the agreed time, and therefore no liability can be attributed to the provider.
Shipments are only made to destinations in mainland Spain.
IT'S IM-PERFECT® We will use all means at our disposal to ensure that your order is delivered within the timeframe shown on our website as of the date of issue of the order confirmation.
5.4 Delivery times: Delivery typically takes 3-5 business days, depending on the product, the destination, and the chosen payment method. This timeframe applies only after service availability has been confirmed and full payment for the order has been received. If a product is unavailable at the time of purchase, our Customer Service team can provide you with availability information.
If you have ordered multiple products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please also note that if any of the items are unavailable at the time of shipment, you have the right to cancel the order at any time before shipment by contacting our Customer Service department at the following email address: comunicacio@esimperfect.com indicating the order number.
5.5 Shipping Confirmation: Once your order has been handed over to our carrier, we will send a shipping confirmation to the email address you provided when placing your order. This confirmation will include the tracking number so you can track your shipment on the carrier's website.
5.6 Delivery damage: The products are shipped in secure packaging. If, upon delivery, it is clearly and visibly apparent, without needing to open the shipping or product packaging, that a product has defects caused by transport damage, or if there is an error in the merchandise received, the customer must immediately contact Customer Service by calling the number 931972049 or by sending an email to comunicacio@esimperfect.com , in order to request the return of the affected product(s) and proceed with their replacement with another in optimal condition or, alternatively, refund the price paid for them, as you indicate.
Similarly, if damage is detected in the product once the package has been opened, even if the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it through our Customer Service line. 931972049 or to the email address comunicacio@esimperfect.com .
6. PRICES AND VALIDITY PERIODS OF OFFERS:
All prices displayed in the store www.esimperfect.com Prices include VAT at the rate applicable at the time of purchase. All prices shown on the website are valid and expressed in Euros (€). Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.
VALUE ADDED TAX: In accordance with Article 68 of Law 37/1992 of 28 December, on Value Added Tax, the delivery of products will be considered to take place within the Spanish VAT territory if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally established rate in force at any given time, depending on the specific item in question.
The customer will receive a paper invoice inside the packaging or shipping box of the purchased products at the delivery address. If the customer prefers an electronic invoice, they must consent to its delivery to the provided email address during the purchase process.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in its final stage.
In the case of limited-duration promotions, the promotional discount will be applied as long as the order has been registered during the promotional period.
The delivery method is detailed in section 5 of these general conditions.
The data recorded by the different payment methods constitutes proof of the date on which the financial transactions were carried out and will serve to determine whether or not said order is subject to promotion.
For any information regarding the order, the User may contact the provider's customer service telephone number or via email to the address provided.
7. PAYMENT METHODS
Below, we detail the available payment system Payment can be made by credit or debit card . The user must have a valid credit or debit card and must enter all digits of the card number on the corresponding form. The transaction is finalized at the time of ordering. Only secure card payments are accepted, which require authentication of your identity as the cardholder using the method established by your bank, through secure e-commerce ("Verified by Visa" and "MasterCard SecureCode"). The order will not be processed until payment has been authorized by your bank.
The system used is called SSL (Secure Sockets Layer), a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
8. RIGHT OF WITHDRAWAL:
8.1 Right of withdrawal: The user has the right to exercise The right of withdrawal has a period of 14 calendar days from receipt of the product, without penalty for exercising it; the consumer must be refunded the total amount of the purchase, that is, the price of the product plus shipping costs, within 14 days following the exercise of the right of withdrawal by the user/consumer.
The right of withdrawal will not apply when the goods are sealed and therefore not suitable for return for reasons of health protection or hygiene and have been unsealed after delivery.
8.2 Return due to order error by ES IM-PERFECT®: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by email as soon as possible; IT'S IM-PERFECT® will cover the costs of collecting the product sent in error and delivering the one corresponding to the order placed.
8.3 Verification of returns: The verification and inspection of the products being returned will be the responsibility of IT'S IM-PERFECT® Once at our facilities, we will verify that the product is received in compliance with all requirements: you must return the product with all the elements with which it was delivered, without damage or signs of wear of any kind, and that it does not denote an improper use of the item or different from its own nature, to the address we have provided.
Returns in the original packaging are recommended; otherwise, the product may be depreciated in value. The customer is responsible for packaging and protecting the product(s) being returned, as well as for all shipping costs.
Provided the products are returned undamaged and without any signs of wear, and in compliance with the requirements set out in this section, we will refund the full purchase price. If any items are missing, we will notify you in writing via email, specifying the missing items.
9. REFUNDS:
When a return is made (the right of withdrawal is exercised), the amount paid for the product plus shipping costs will be refunded. Return shipping costs will be borne by the consumer. (For orders between 0.1 kg and 4 kg, the return shipping cost will be for domestic destinations (mainland Spain):) €5.20 ; For orders between 4.1 kg and 10 kg, the return shipping cost for national destinations (mainland Spain) is: €7.50 ; For orders over 10 kg, the return shipping cost for national destinations (mainland Spain): €9.50 ). The refund will be processed within a maximum of 14 calendar days and through the same method used for the purchase.
10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
10.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.
11. NULLITY OR INEFFECTIVENESS OF CLAUSES:
If any clause included in these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null or ineffective, the General Conditions remaining in full force and effect in all other respects, and such provision, or the part thereof that is affected, will be deemed not to have been included.
12. ONLINE DISPUTE RESOLUTION :
Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the PROVIDER without resorting to the courts, through the intervention of a third party, called A dispute resolution body acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/ .
13. APPLICABLE LAW AND JURISDICTION:
These terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the Courts of the provider's domicile (if the provider is not considered a consumer for the purposes of the Spanish General Law for the Defense of Consumers and Users) or of the user's domicile (if the user is considered a consumer for the purposes of the Spanish General Law for the Defense of Consumers and Users).
14. APPLICABLE REGULATIONS:
These General Terms and Conditions are subject to the provisions of:
European regulations governing electronic commerce:
• Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
• Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (E-commerce Directive).
Spanish regulations:
• Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users,
• Law 7/1998, of April 13, on General Terms and Conditions of Contract , and subsequent modifications,
• REGULATION (EU) 2016/679 REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)
• Organic Law 3/2018 , of December 5, on Protection of Personal Data and Guarantee of Digital Rights,
• Law 7/1996 , of January 15 Retail Trade Regulation and
• Law 34/2002 July 11th, Information Society and Electronic Commerce Services and subsequent modifications.
15. COMMENTS AND SUGGESTIONS:
Your comments and suggestions are welcome. Please send them to us via our contact form.
In addition, we have official complaint forms available for consumers and users. You can request them by calling our Customer Service line. 931972049 or through our contact form