Your supplier and contractual partner:
Manufacturas Partner SL
Manufactura del gusto ®
Rua Villafranca 53
E-32312 O Porto (Rubiá)
Telephone: +34 651 429 145
You can contact us for questions, complaints and claims via e-mail (email@example.com) or telephone (+34 651 429 145)
For information on saving these documents and the opportunities for inspecting the contract text (offer text), please see Clause 3 of the T&Cs. Statutory instructions concerning the right of withdrawal in relation to distance selling for consumers can be found under Clause 7 of the T&Cs.
We also seek to find customer-oriented solutions in relation to legal matters. You are welcome to send us an e-mail. Your rights shall of course remain unrestricted even without an appeal. Legislature imposes countless obligations to provide information about the contract and applicable conditions on online suppliers in particular. We have summarised the necessary information for you below.
1. Scope, definitions
1.1 The following General Terms & Conditions apply to all purchase agreements concluded online via our website (www.manufacturadelgusto.com) between Manufacturas Partner SL (MANUFACTURA DEL GUSTO ®) - hereinafter referred to as the “Supplier” – and the customer – hereinafter referred to as the “Customer.”
1.2 These conditions shall apply in their applicable version at the time that the order is placed. The Supplier does not recognise any differing conditions from the Customer.
1.3 The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to their commercial or independent professional activity. A businessman, on the other hand, is any natural or legal person or partnership with legal capacity that performs their commercial or independent professional activity when concluding the contract. Only consumers have the statutory right of withdrawal as per Clause 7.
2. Contractual partner
2.1 The purchase agreement is concluded with:
Manufacturas Partner SL
(MANUFACTURA DEL GUSTO ®)
Rua Villafranca 53
E-32312 O Porto (Rubiá)
2.2 You can contact our service department for questions, complaints and claims via e-mail (firstname.lastname@example.org) or telephone (+34 651 429 145)
2.3 The Supplier’s offers are available to the Customer in German, English and Spanish. The language of the contract is determined by whether the Customer placed their order on the German, English or Spanish version of the website.
3. Order transaction and contract conclusion
3.1 The Customer can select high quality beekeeping products and add them to a so-called infoping basket via the “Add to basket” button. By clicking on the “Pay now button” the Customer shall make a binding offer to purchase the items contained in the infoping basket. Before sending the order the customer can view and change the data at any time. However, the offer can only be placed and transmitted when the Customer a) accepts these contractual conditions by ticking the "I accept your general business and delivery conditions (T&Cs)” field, b) acknowledges the instructions on withdrawals by ticking the “I have read the right of withdrawal” field and c) accepts the data protection statement by ticking the “I agree to my data being stored and used in accordance with the data protection statement” field.
3.2 After receiving the order, the Supplier sends the Customer an automatic confirmation of receipt by e-mail, which lists the details of the Customer’s order. The Customer can print out the confirmation via the “Print” function. The automatic confirmation of receipt only documents that the Supplier has received the Customer’s order and does not represent any acceptance of the offer. The contract is not concluded until the Supplier has issued a confirmation of acceptance, which is sent in a separate e-mail (order confirmation).
3.3 The Supplier saves the contract text and sends the order data to the Customer by e-mail. The Customer can also view these T&Cs here at any time. The Customer can see earlier orders in their customer account. The Customer can also print out the order details via the “Print” button during the order transaction and/or directly after the order has been sent or save them as a PDF document via the “PDF” button.
3.4 If an ordered item is not available at the time that the Customer places the order, the Supplier shall notify the Customer of this immediately. If the goods are permanently out of stock, the Supplier shall refrain from issuing an order acceptance. No contract shall be concluded in this case. The Supplier shall reimburse in full any payments already made by the Customer.
3.5 If the goods ordered by the Customer are only temporarily unavailable, the Supplier shall also notify the Customer of this immediately. In this case the Supplier shall accept the Customer’s offer and the contract shall be concluded. In the event of a delay in delivery of more than two weeks, both the Customer and the Supplier have the right to withdraw from the contract. The Supplier shall reimburse in full any payments already made by the Customer.
4.1 Delivery shall be made by the purchased goods being sent to the dispatch address supplied electronically by the Customer. The Supplier shall send the goods as soon as it can see receipt of payment and the goods are available. If the Customer has selected payment in the form of cash on delivery, the Supplier shall send the goods as soon as it has positively confirmed the goods are available.
4.2 The Supplier shall generally send the ordered items in one delivery. If it is reasonable for the Customer, the Supplier is authorised to perform partial deliveries. The Customer shall not be charged any additional dispatch costs for partial deliveries.
4.3 If the Customer exercises its statutory right of withdrawal (see instructions on withdrawals under Clause 7), goods that can be sent in the form of packages are to be returned to Manufacturas Partner SL (MANUFACTURA DEL GUSTO ®), Rua Villafranca 53, E-32312 O Porto (Rubiá) at the Supplier’s risk.
5. Prices and dispatch costs
5.1 As all products are customized to the customer´s wish, prices are negotiaded during the contracting period. We do not offer any fix pricing.
6.1 Payment is made as stated during the order transaction. The Customer can generally select from the following payment options: advance payment
6.2 Payment of the purchase price is due directly upon contract conclusion and before the goods are sent.
7. RIGHT OF WITHDRAWAL
7.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without having to state any reasons. The cancellation period amounts to fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the items. In the event of a contract for several items, which you ordered as part of one order and that are to be delivered separately, the cancellation period shall start from the day on which you or a third party named by you, who is not the carrier, took possession of the last item. In order to exercise your right of withdrawal you must provide us
Manufacturas Partner SL
MANUFACTURA DEL GUSTO ®
Rua Villafranca 53
E-32312 O Porto (Rubiá)
with a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. To comply with the cancellation period, it is sufficient for you to inform us of your desire to exercise the right to withdraw before the cancellation period has expired.
7.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments that we received from you, including delivery costs (with the exception of additional costs arising from your selection of a different type of delivery from the cheapest standard delivery offered by us), without delay and within fourteen days from receiving notification of your withdrawal from this contract at the latest. When making this repayment we shall use the same means of payment as you used for the original transaction, unless we have expressly agreed otherwise with you; in no case will we charge you a fee in connection with this repayment. We can defer repayment until we have received the returned items or you have provided evidence that you have returned them, whichever of these happens first. You must return or transfer the goods to us without delay, and at the latest within fourteen days from the day on which you notified us about your withdrawal from this contract. You will have complied with the deadline if you send the goods before the deadline of fourteen days has passed. We shall bear the costs of returning the goods. You must only pay for any loss in value of the goods if this loss in value is due to unnecessary handling of the goods for testing their quality, properties and functionality.
The spanish Civil Code shall remain untouched. According to this, the right of withdrawal shall not exist for the following contracts:
(1) Contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice or decision by the consumer, or that are clearly tailored to personal needs of the consumer.
(2) Contracts for the supply of goods which are highly perishable, or which may quickly pass their expiration date.
(3) Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery.
(4) Contracts for the supply of goods which, according to their nature, are inseparably mixed, after delivery, with other items.
(5) Contracts for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place at the earliest after thirty days following the conclusion of the sales contract, and the current value of which is dependent on fluctuations in the market which cannot be controlled by the trader.
8. Creative and technical deviations
The Supplier reserves the right of expressly minor deviations from the information, descriptions and representations provided in the online info when executing the contract. This particularly applies to deviations in terms of colour, weight, design, structure, dimensions and similar characteristics, if these are reasonable for the Customer.
9. Retention of ownership
The Customer shall not acquire ownership of the ordered goods until it has paid the purchase price in full upon delivery of the goods.
The Customer only has a right of off-setting if his counterclaims have been legally established by the courts or are undisputed or have been acknowledged by the Supplier in writing.
11.1 The Supplier shall be liable towards the Customer for material defects under the applicable statutory regulations
11.2 The duty to examine and provide notification of non-conformity shall apply to orders through traders, together with a limitation period of 12 months, starting from delivery of the item.
11.3 A guarantee for goods supplied by the Supplier only exists if this was expressly stated in the order confirmation for the relevant item.
11.4 The rectification of defects or delivery of a replacement item free from defects ("supplementary performance") shall be performed without acknowledgement of a legal obligation and shall not result in the limitation period starting again. The Supplier shall not bear the costs for investigating and rectifying alleged defects in the ordered goods, in particular for transport, labour and material, if it is established during the inspection that the Customer has no right to defects being rectified. In this case, the Customer is obligated to replace reasonable costs incurred as a result of the inspection.
12.1 Customers‘ claims for compensation are excluded. Excluded from this are claims for compensation from the Customer arising from injury to life, body or health, or from the breach of significant contractual obligations (cardinal obligations) and liability for other damage caused by a wilful or grossly negligent breach of an obligation by the Supplier, his legal representatives or vicarious agents. Significant contractual obligations are those whose performance is necessary for achieving the objective of the contract.
12.2 In the event of a breach of significant contractual obligations, the Supplier shall only be liable for foreseeable damages that are typical for the contract if these damages were caused by simple negligence, unless they involve claims for compensation from the Customer arising from injury to life, the body or health.
12.3 The limitations under Paragraphs 1 and 2 shall also apply in relation to the Supplier’s legal representatives and vicarious agents if claims can be asserted against them directly.
12.4 The provisions of the Product Liability Act shall remain untouched.
13. Closing provisions
13.1 The law of the Kingdom of Spain excluding the United Nations Convention on Contracts for the International Sale of Goods shall apply to contracts between the Supplier and the Customers.
13.2 If the Customer is a trader, legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Supplier shall be O Barco de Valdeorras. The Supplier also has the right to file claims in any other lawful place of jurisdiction.
13.3 In the event that individual points in this contract are legally ineffective the remaining parts of the contract shall still be binding.