Terms of Use

1. GENERAL INFORMATION

The ownership of this website cortaycata.com, (hereinafter Website) is held by: CORTA Y CATA S.L., provided with VAT ID: B21.545.009 and registered in: Commercial Registry of Huelva; and whose registration details are: Sheet h-21743, volume 1037, folio 107, and whose contact details are:

Address: Mercado de la Encarnación, Stall 10 41003 Seville, Spain

Contact phone: 955 183 736

Contact email: cortaycata@gmail.com

This document (as well as other documents mentioned herein) regulates the terms and conditions governing the use of this Website (cortaycata.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity carried out by CORTA Y CATA through the Website includes:

Activities of butchery, delicatessen, and marketing of food products and retail trade of meat and meat products in specialized establishments.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of CORTA Y CATA. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with all of it, you should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and/or uses the Website since those that are in force at the time the acquisition of products and/or services is requested will be applicable.

For any questions the User may have regarding the Conditions, he/she can contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

Accessing, browsing, and using the Website, confers the status of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), so all the Conditions set forth herein are accepted from the start of browsing the Website, as well as its subsequent modifications, without prejudice to the application of the corresponding legally mandatory regulations depending on the case.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

• Using this Website only to make legally valid queries and purchases or acquisitions.

• Not to make any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed.

• To provide accurate and lawful contact details, for example, email address, postal address, and/or other details (see Legal Notice and General Terms of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

The User may formalize, at their choice, with CORTA Y CATA the purchase contract of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users can make purchases on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of cortaycata.com, during which various products and/or services can be selected and added to the cart, basket, or final shopping space and, finally, click on: "Proceed to checkout"

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that CORTA Y CATA has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, if applicable, they will also be informed via email when their purchase is being shipped. In this case, this information could also be made available to the User through their personal space connected to the Website.

Once the purchase process has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, if applicable, through their personal space connected to the Website. Likewise, the User can, if desired, obtain a paper copy of their invoice by requesting it from CORTA Y CATA using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question and which are displayed alongside its presentation or, if applicable, image on its page of the Website, indicating, in an illustrative but not exhaustive manner, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how the services will be performed and/or cost of the services; and acknowledges that placing the order constitutes full and complete acceptance of the specific sales conditions applicable in each case.

Unless expressly stated otherwise, CORTA Y CATA is not the manufacturer of the products sold or that may be marketed on the Website. Although CORTA Y CATA makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than that displayed on the Website. Therefore, the User should not only consider the information provided by the Website but also the information available on the labeling, warnings, and/or instructions accompanying the product.

4. AVAILABILITY

All purchase orders received by CORTA Y CATA through the Website are subject to product availability and to no circumstance or force majeure event (clause nine of these Conditions) affecting the supply of the products and/or the provision of services. If there are difficulties regarding the supply of products or if products are out of stock, CORTA Y CATA undertakes to contact the User and refund any amount that may have been paid. This will also be applicable in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€), and include taxes, unless legally required, especially regarding VAT, to indicate and apply a different matter.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, CORTA Y CATA carries out delivery and/or shipping services through: Correos Express.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but such changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods will be: Credit or Debit Card

CORTA Y CATA utilizes all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank entity, if said entity does not authorize payment, CORTA Y CATA will not be responsible for any delay or failure of delivery and will not be able to formalize any contract with the User.

Once CORTA Y CATA receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made when the User receives the shipping confirmation and/or confirmation of the service provided in the established form and, if applicable, place.

In any case, by clicking "Proceed to Payment" the User confirms that the payment method used is theirs.

6. DELIVERY

In cases where it is necessary to make physical delivery of the contracted good, deliveries will be made in the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, attributable to CORTA Y CATA, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance, and the User may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for it to be delivered again.

If the User will not be present at the delivery location during the agreed time slot, they must contact CORTA Y CATA to arrange delivery for another day.

If 30 days have elapsed since the order is available for delivery, and it has not been delivered for reasons not attributable to CORTA Y CATA, CORTA Y CATA will understand that the User wishes to withdraw from the contract, and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User should be aware that the transport resulting from the resolution may incur an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.

The risks associated with the products shall be borne by the User from the moment of their delivery. The User acquires ownership of the products when CORTA Y CATA receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs after the complete receipt of the amount due by CORTA Y CATA.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate shall be the one legally in force at any given time depending on the specific article concerned.

In the same vein, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006, on the common system of VAT, purchase orders shall be located, for delivery and/or provision, in the Member State of the European Union in which the address specified in the purchase order is located, and therefore, the applicable VAT shall be that in force in that Member State.

For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries shall be exempt from VAT in accordance with the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User should be aware that in these territories, situations may arise where taxes and customs duties are applied and accrued at the destination, in accordance with current regulations, and that these may be borne by them.

For other locations, different from the ones mentioned above, where purchase orders are located for delivery and/or provision, the regulations in force at any given time shall apply; the User should be aware that this may result in the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force at the destination, and that these may be borne by them. For further information, the User should contact the customs office at the destination.

7. TECHNICAL MEANS TO CORRECT ERRORS

It is brought to the attention of the User that in the event that they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they may modify it by contacting CORTA Y CATA through the contact spaces enabled on the Website, and, if applicable, through those enabled to contact customer service, and/or using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through their personal connection space to the Website.

In any case, before clicking "Proceed to payment", the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the Website of the owner, they have certain rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquires physical possession of the goods purchased on the Website of CORTA Y CATA or in the case of goods comprising their order being delivered separately, 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquires physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify their decision to CORTA Y CATA. They may do so, if applicable, through the contact spaces enabled on the Website.

Regardless of the means chosen by the User to communicate their decision, it must be expressed clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that CORTA Y CATA makes available to them as an annex to these Conditions, however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, CORTA Y CATA will refund to the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which CORTA Y CATA is informed of the decision to withdraw by the User.

CORTA Y CATA will refund the User using the same payment method that the User used for the initial purchase transaction. This refund will not incur any additional costs for the User. However, CORTA Y CATA may withhold the refund until the products or items from the purchase are received, or until the User provides proof of return of the products, whichever condition is met first.

The User can return or send the products to CORTA Y CATA at:

And it must be done without undue delay and, in any case, no later than 14 calendar days from the date on which CORTA Y CATA was informed of the decision to withdraw.

The User acknowledges that they will bear the direct cost of return (transport, delivery) of the goods, if incurred. Additionally, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Enumeratively, and not exhaustively, this would be the case of: customized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their factory seal; products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery.

In the same sense, the provision of a service that the User may contract on this Website is governed, as this Law establishes, by the fact that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by CORTA Y CATA, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening, if the products are not in the same condition as they were delivered, or if they have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions, and any other documents that may accompany them, as well as a copy of the purchase invoice.

The Model withdrawal form can be downloaded from the following link: https://cortaycata.com/upload/Formulario-desistimiento.pdf

Return of defective products or shipping errors

These are all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, they must immediately contact CORTA Y CATA and inform them of the existing non-conformity (defect/error) using the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and once returned, they will be examined, and the User will be informed within a reasonable period of time whether a refund or replacement is warranted.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is warranted.

The amount paid for those products that are returned due to a defect, when one actually exists, will be fully refunded, including delivery charges and any costs incurred by the User for the return. The refund will be made using the same payment method that the User used to make the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always be respected.

Warranties

The User, as a consumer and user, enjoys guarantees on the products they may acquire through this Website, in the legally established terms for each type of product. Therefore, CORTA Y CATA is responsible for any lack of conformity in the products that manifests within a period of three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract as long as they: conform to the description provided by CORTA Y CATA and possess the qualities presented therein; are suitable for the purposes for which products of the same type are ordinarily used; and exhibit the usual quality and performance of a product of the same type that can be reasonably expected. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section "Return of defective products or shipping errors." However, some of the products marketed on the Website may have non-uniform characteristics as long as they result from the type of material they are made of, and therefore will be part of the individual appearance of the product, and will not be considered a defect.

On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and if the User considers it to be a defective product, they also have the option to contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty directly with them for three years following the delivery of such products. To do this, the User must have retained all information regarding the product warranty.

9. DISCLAIMER OF LIABILITY

Unless provided otherwise by law, CORTA Y CATA shall not accept any liability for the following losses, regardless of their origin:

• any losses not attributable to any breach on its part;

• business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.

Similarly, CORTA Y CATA also limits its liability in the following cases:

• CORTA Y CATA applies all measures concerning providing an accurate display of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution issues or browser problems, among others.
• CORTA Y CATA will act with the utmost diligence to make the product ordered available to the transport company. However, it is not responsible for damages resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, or any others common to the sector, resulting in delays, losses, or theft of the product.
• Technical failures that, due to fortuitous events or other circumstances, prevent the normal operation of the service via the internet. Lack of availability of the Website due to maintenance or other reasons, preventing access to the service. CORTA Y CATA makes every effort to carry out the purchasing, payment, and shipping/delivery process, but is not responsible for causes beyond its control, force majeure, or acts of God.
• CORTA Y CATA will not be responsible for the misuse and/or wear and tear of products that have been used by the User. Likewise, CORTA Y CATA will not be responsible for any incorrect returns made by the User. It is the User's responsibility to return the correct product.
• In general, CORTA Y CATA will not be liable for any failure or delay in the performance of any of its obligations when such failure is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
• Huelgas, cierres patronales u otras medidas reivindicativas.
• Conmoción civil, revuelta, invasión, amenaza o ataque terrorista, guerra (declarada o no) o amenaza o preparativos de guerra.
• Incendio, explosión, tormenta, inundación, terremoto, hundimiento, epidemia o cualquier otro desastre natural.
• Imposibilidad de uso de trenes, barcos, aviones, transportes de motor u otros medios de transporte, públicos o privados.
• Imposibilidad de utilizar sistemas públicos o privados de telecomunicaciones.
• Actos, decretos, legislación, normativa o restricciones de cualquier gobierno o autoridad pública.

De esta forma, las obligaciones quedarán suspendidas durante el periodo en que la causa de fuerza mayor continúe, y CORTA Y CATA dispondrá de una ampliación en el plazo para cumplirlas por un periodo de tiempo igual al que dure la causa de fuerza mayor. CORTA Y CATA pondrá todos los medios razonables para encontrar una solución que le permita cumplir con sus obligaciones a pesar de la causa de fuerza mayor.

10. COMUNICACIONES POR ESCRITO Y NOTIFICACIONES

Mediante el uso de este Sitio Web, el Usuario acepta que la mayor parte de las comunicaciones con CORTA Y CATA sean electrónicas (correo electrónico o avisos publicados en el Sitio Web).

A efectos contractuales, el Usuario consiente en usar este medio electrónico de comunicación y reconoce que todo contrato, notificación, información y demás comunicaciones que CORTA Y CATA envíe de forma electrónica cumplen con los requisitos legales de ser por escrito. Esta condición no afectará a los derechos reconocidos por ley al Usuario.

El Usuario puede enviar notificaciones y/o comunicarse con CORTA Y CATA a través de los datos de contacto que en estas Condiciones se facilitan y, en su caso, a través de los espacios de contacto del Sitio Web.

Igualmente, salvo que se estipule lo contrario, CORTA Y CATA puede contactar y/o notificar al Usuario en su correo electrónico o en la dirección postal facilitada.

11. RENUNCIA

Ninguna renuncia de CORTA Y CATA a un derecho o acción legal concreta o la falta de requerimiento por CORTA Y CATA del cumplimiento estricto por el Usuario de alguna de sus obligaciones supondrá, ni una renuncia a otros derechos o acciones derivados de un contrato o de las Condiciones, ni exonerará al Usuario del cumplimiento de sus obligaciones.

Ninguna renuncia de CORTA Y CATA a alguna de las presentes Condiciones o a los derechos o acciones derivados de un contrato surtirá efecto, a no ser que se establezca expresamente que es una renuncia y se formalice y se le comunique al Usuario por escrito.

12. NULIDAD

Si alguna de las presentes Condiciones fuesen declaradas nulas y sin efecto por resolución firme dictada por autoridad competente, el resto de las cláusulas permanecerán en vigor, sin que queden afectadas por dicha declaración de nulidad.

13. ACUERDO COMPLETO

Las presentes Condiciones y todo documento al que se haga referencia expresa en estas constituyen el acuerdo íntegro existente entre el Usuario y CORTA Y CATA en relación con el objeto de compraventa y sustituyen a cualquier otro pacto, acuerdo o promesa anterior convenida verbalmente o por escrito por las mismas partes.

El Usuario y CORTA Y CATA reconocen haber consentido la celebración de un contrato sin haber confiado en ninguna declaración o promesa hecha por la otra parte, salvo aquello que figura expresamente mencionado en las presentes Condiciones.

14. PROTECCIÓN DE DATOS

La información o datos de carácter personal que el Usuario facilite a CORTA Y CATA en el curso de una transacción en el Sitio Web, serán tratados con arreglo a lo establecido en la Política de Privacidad o de protección de datos (contenida, en su caso, en el Aviso Legal y Condiciones Generales de Uso). Al acceder, navegar y/o usar el Sitio Web el Usuario consiente el tratamiento de dicha información y datos y declara que toda la información o datos que facilita son veraces.

15. LEGISLACIÓN APLICABLE Y JURISDICCIÓN

El acceso, navegación y/o uso de este Sitio Web y los contratos de compra de productos a través del mismo se regirán por la legislación española.

Cualquier controversia, problema o desacuerdo que surja o este relacionado con el acceso, navegación y/o uso del Sitio Web, o con la interpretación y ejecución de estas Condiciones, o con los contratos de venta entre CORTA Y CATA y el Usuario, será sometida a la jurisdicción no exclusiva de los juzgados y tribunales españoles.

16. QUEJAS Y RECLAMACIONES

El Usuario puede hacer llegar a CORTA Y CATA sus quejas, reclamaciones o todo otro comentario que desee realizar a través de los datos de contacto que se facilitan al principio de estas Condiciones (Información General).

Además, CORTA Y CATA dispone de hojas oficiales de reclamación a disposición de los consumidores y usuarios, y que estos pueden solicitar a CORTA Y CATA en cualquier momento, utilizando los datos de contacto que se facilitan al principio de estas Condiciones (Información General).

Asimismo, si de la celebración de este contrato de compra entre CORTA Y CATA y el Usuario emanara una controversia, el Usuario como consumidor puede solicitar una solución extrajudicial de controversias, de acuerdo con el Reglamento (UE) 524/2013 del Parlamento Europeo y del Consejo, de 21 de mayo de 2013, sobre resolución de litigios en línea en materia de consumo y por el que se modifica el Reglamento (CE) 2006/2004 y la Directiva 2009/22/CE. Puede acceder a este método a través del siguiente sitio web: https://ec.europa.eu/consumers/odr/.

This merchant undertakes not to allow any transaction that is illegal, or deemed by credit card brands or the acquiring bank to have the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offering of a product or service that is not in full compliance with all applicable laws for the Buyer, Issuing Bank, Merchant, Cardholder, or cards. Additionally, the following activities are also explicitly prohibited: 'Sale of alcoholic beverages to persons under 18 years of age'.