General contracting conditions

Information before the contractual process

This website https://fruitcloud.es/ is owned by FRUIT CLOUD SL with NIF B02652188 and tax address at INDEPENDENCIA 375 LOCAL 08026, BARCELONA.

The General Conditions of Contract regulate the distance selling relationship between FRUIT CLOUD SL and the user or customer, under the legal stipulations, in particular, Law 7/1998, of 13 April, on General Conditions of Contract, Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of 15 January, on the Regulation of Retail Trade, and Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.

FRUIT CLOUD SL reserves the right to make any modifications it deems appropriate, without prior notice, to the General Conditions. Said modifications might be made, through its websites, by any means admissible by law and shall be binding when published on the website and until subsequent changes validly modify them. However, FRUIT CLOUD SL reserves the right to apply, in some instances, Specific Contracting Conditions in preference to these General Conditions when it deems appropriate, announcing them in due time and form.

The purpose of the website is the sale of exotic fruit and food products.

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.

As a user or customer, you expressly declare that you know, understand, and accept the conditions of use and these general terms and conditions of the contract. Likewise, you declare that you are of legal age and have the necessary legal capacity to access FRUIT CLOUD SL websites and contract through them. The European Commission provides an online dispute resolution platform available at the following link:  http://ec.europa.eu/consumers/odr/.

To purchase our products, you can go to the corresponding section of our online shop.

You can register as a user of the website to make the purchase online in the corresponding section of the website. Following the applicable and current legislation on data protection, FRUIT CLOUD SL informs users that the personal data collected during the registration process and subsequent purchase will be incorporated into the processing system owned by FRUIT CLOUD SL to process such actions by the user and manage subsequent actions arising from them.

Your data will be kept for the period strictly necessary to comply with the purposes foreseen unless there is a legal obligation to keep them.

We inform you that the legal basis for processing your data is the correct execution of the contract between the parties and consent.

Following the rights conferred by current data protection legislation, you may exercise your rights of access, rectification, limitation of processing, deletion, portability, and opposition to the processing of your data, as well as the consent given for the processing thereof, by sending your request to the address mentioned above or to the e-mail address info@fruitcloud.es. You may contact the competent Control Authority to submit any claim you deem appropriate.

During the purchase process, you must identify yourself with the username and password provided. These data will not be made public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a customer, not being able to transfer them to another. You can modify the information registered at any time in your customer area. In this same section, you will have access to the history of your orders. This is only a consultation section, but its management is allowed, and the user can delete those records that he/she considers unnecessary to view.

Once the purchase process has been completed, the customer will receive a confirmation of the order by e-mail. It is essential that during the purchase process, the user indicates a valid e-mail address. If you do not receive the confirmation within 24 hours from the completion of the order, please get in touch with FRUIT CLOUD SL by telephone at customer service 686345658 or by e-mail at info@fruitcloud.es.

All the contents of the website are in Spanish.

Upon receiving the product at the delivery address provided, the customer will receive an invoice or copy of the order.

 

Offer and validity

In the case of a product on offer, the offer price and its validity will always be indicated together with its essential characteristics.

In compliance with current regulations, FRUIT CLOUD SL provides information on all sale items, characteristics, and prices. However, FRUIT CLOUD SL reserves the right to withdraw, replace, or change the products offered through its website by simply changing its content. In this way, the products offered at any given time on the website will be governed by the General Conditions of Contract in force in each case. Likewise, the company shall have the right to stop offering, without prior notice and at any time, access to the products mentioned above.

 

Essential characteristics of the products

The products offered in our online shop include a photograph and the essential characteristics of the product. This is the information obtained from the manufacturer. The colour of the product, observable in the photograph, is not binding. It is identified in the characteristics.

 

Guarantees

In the case of perishable products and you receive them in poor condition or out of date, please get in touch with info@fruitcloud.es. It is essential to follow the storage instructions on the packaging itself and observe the expiry date, keeping, in any case, the proof of purchase.

 

Prices

All products indicate the selling price in euros and include Value Added Tax (VAT). If any other tax is applicable, this will be shown (IGIC or IPSI).

 

Delivery and transport costs

FRUIT CLOUD SL delivers to mainland Spain and Europe. Handling and shipping rates will vary according to weight and destination. They will be specified before finalising the order.

 

Methods of payment

The customer may pay the amount of his order by choosing any of the following methods of payment. During the purchase process, you must indicate your choice:

VISA or MASTERCARD credit card

All operations involving the transmission of personal or bank details are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All the information you transmit to us travels encrypted through the network.

Likewise, your credit card details are entered directly on the bank's website, at the bank's POS (Point of Sale Terminal) and are not documented or registered on any FRUIT CLOUD SL server.

When paying by VISA or MASTERCARD, you will always be asked for the following information: the card number, the expiry date, and a Validation Code that coincides with the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction.

This form of payment is only valid on the website.

When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the cardholder may demand the immediate cancellation of the charge. In this case, the corresponding debit and credit entries will be made as soon as possible on the accounts of the supplier and the cardholder.

However, if the purchase had been made by the cardholder and the demand for refund was not the result of having exercised the right of withdrawal or termination and therefore, had unduly demanded the cancellation of the corresponding charge, he will be liable to FRUIT CLOUD SL to compensate the damages caused as a result of such cancellation.

Bank transfer

When you select the bank transfer option, you will receive an e-mail with the bank details of FRUIT CLOUD SL together with the confirmation of your order.

It is imperative that when making the transfer, you indicate in the subject line the order number, as well as your name and surname, and make the transfer within 3 days after the order confirmation date to validate it.

If you wish, you can send us proof of the transfer by e-mail to info@fruitcloud.es. But, in any case, the order will not be considered effective until our administration department does not have bank confirmation of the transfer.

Please remember that payment must be made in EUROS and that all possible exchange and bank charges are your responsibility.

In the case of bank transfers made from outside Spain, it is essential that when ordering the transfer, you always inform your bank to take charge of the commissions at origin, those bank commissions, and expenses corresponding to your bank. Otherwise, FRUIT CLOUD SL could stop the shipment of your order if we do not receive the full amount.

Any exchange and bank commissions are to be paid by the customer.

Direct debit payment

If you are already our customer and it is not your first purchase, you can select this form of payment, and FRUIT CLOUD SL will charge you by bank transfer to the account number that you have already given us for this purpose.

If you are not yet our customer or it is your first purchase, and you want to use this payment method, please get in touch with us through our e-mail: info@fruitcloud.es or our customer service telephone 686345658.

 

Execution of the order

FRUIT CLOUD SL undertakes to deliver the order within a maximum of 8 to 10 days from the day following the order.

The availability of the products offered by FRUIT CLOUD SL may vary depending on customer demand. Although FRUIT CLOUD SL updates its stock periodically, the product ordered by the customer may be out of stock at that time. In the event of non-execution due to unavailability, FRUIT CLOUD SL will notify the customer by e-mail as soon as it becomes aware of this situation. The period of this communication shall in no case exceed a maximum period of 30 days. FRUIT CLOUD SL will be able to give the customer the double option of supplying the customer without a price increase, a product of similar characteristics or superior quality, or except for justified and demonstrable reasons by FRUIT CLOUD SL within this same period, paying the sums paid for the cancelled order.

 

Right of withdrawal

According to the provisions of Article 103 of Law 3/2014 of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users, the supply of services or goods made according to consumer specifications or clearly personalised, or which, by their nature, cannot be returned or may deteriorate or expire rapidly, are exempt from withdrawal.

 

The return

The customer must return or deliver the product directly to FRUIT CLOUD SL, at the address INDEPENDENCIA 375 LOCAL 08026, BARCELONA, without any undue delay, and in any case within a maximum period of fourteen calendar days from the date on which the right to withdraw from the contract is formalised. The deadline shall be deemed to have been met if the customer returns the product before the end of the period.

The customer shall bear the cost of returning the product.

 

Refund of payment

The reimbursement of the amounts received by the customer will be made using the same means of payment used by the customer unless otherwise stipulated.

FRUIT CLOUD SL may withhold reimbursement until it has received the product, reason for withdrawal, or until the customer provides proof of product return, depending on which condition is met first.

 

Return of the defective product

Suppose the product is not in good condition and the causes attributable to it are not the result of the customer. In that case, the customer will have the right to return the product, informing FRUIT CLOUD SL of the reason for return through any means provided in these contract conditions and at no cost to the customer. Due to a defect or poor condition of the product, this return will not be considered a right of withdrawal.

FRUIT CLOUD SL undertakes to assume the cost of the return and replace the product with a new one according to the conditions accepted at the time of sale.

If the customer wishes to make a complaint, the FRUIT CLOUD SL establishment is located at INDEPENDENCIA 375 LOCAL 08026, BARCELONA, or via e-mail info@fruitcloud.es.

 

Jurisdiction

FRUIT CLOUD SL also reserves the right to bring any civil or criminal action it deems appropriate for improper use of its website and content or breach of these conditions.

The relationship between the user and the provider shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise, the parties may submit their disputes to arbitration or go to the ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard. FRUIT CLOUD SL is domiciled in BARCELONA, Spain.

 

LAST UPDATE: 6 November 2020