GRUPO OSBORNE, S.A.U. (hereinafter referred to as "OSBORNE"), a Spanish company with Tax Identification Number (C.I.F.) A-11535564, located in Calle Fernán Caballero 7, 11500 El Puerto de Santa María, Cádiz, registered in the Mercantile Registry of Cádiz, Volume 1528, Folio 73, Page CA-21487, hereby informs you of the General Conditions governing the use of the Osborne Online Store (hereinafter the "Osborne Store" or the "Store") that OSBORNE makes available to Internet users.
We want to make your shopping experience in the Osborne Store as pleasant, convenient and safe as possible and ensure that you can easily find all our products, for which we have designed a simple and straightforward shopping process.
Follow these steps to buy and enjoy our products just as you would in a normal shop, but without the need to travel and from wherever you want.
- 1. Select the products you want and add them to your basket using the button next to each product.
- 2. When you have everything you want, go to My Basket at the top right of the screen.
- 3. Go to View Full Basket or Checkout.
- 4. Check the units and products you wish to purchase and click on the Checkout button. If you have a promotional or discount code, you can enter it at this stage.
- 5. Confirm your delivery address and select your payment method. Then read and accept the privacy policy.
- 6. And that's it! Your Osborne products will soon be delivered to the destination of your choice.
This simple shopping process is made even easier if you register as an Osborne Online Store user, allowing you to save your delivery address and preferences for all your purchases, thereby saving you time and effort on every order.
We would like to remind you that the Osborne Store has taken all the necessary steps to ensure you can shop with complete peace of mind and maximum security. When you make a payment, all the information and personal details you send from your computer or mobile device are encrypted and transferred to our server using a standard 128-bit encryption method known as SSL (Secure Socket Layer).
You can pay by credit card, Bizum or PayPal in our online store. Payment by credit card is made via a secure and encrypted connection so that your bank details are only processed by the bank and are not retained or processed by us. If you wish to place your order without revealing your bank card number, you can pay securely using the Paypal or Bizum system.
If you have any questions, try to check the frequently asked questions of other customers or send us a message through the following link: https://www.osborne.es/es/contact
GENERAL TERMS AND CONDITIONS - OSBORNE ONLINE STORE
These terms and conditions govern the commercial relationship between the customers of the Osborne Online Store (www.tiendaosborne.es) and OSBORNE, which is entitled to use third-party service providers to manage the purchasing, invoicing, delivery, complaints and after-sales processes.
By making a purchase, the customer declares that they have read and accept these terms and conditions.
PRIOR INFORMATION
1.1. This commercial relationship is established between the customer of the Osborne Online Store (www.tiendaosborne.es) (hereinafter referred to as the "Customer") and OSBORNE, who has the right to use third-party service providers to manage the purchasing, invoicing, delivery, complaints and after-sales service processes.
The business relationship between the Customer and OSBORNE, including the purchase of any of the goods and products offered in the Store (hereinafter the "Products"), is governed by these Terms and Conditions.
1.2. These terms and conditions are valid as long as they are available in the Store and may be updated by OSBORNE at any time through publication on the website www.tiendaosborne.es.
1.3. Any question, suggestion, complaint or claim relating to the online sale of Products may be addressed to the Store’s Customer Service Department by filling in the form available at: https://www.osborne.es/en/contact
ACCESS AND USE OF THE STORE
2.1. To purchase Products from the Store, the Customer must complete the relevant electronic form provided in the Store. To do so, the Customer must follow the instructions provided and is obliged to provide accurate and valid data at all times in order to facilitate the purchase process and customer service, as well as to receive newsletters and loyalty programmes and to determine consumer preferences or, where applicable, to manage product availability alerts.
2.2. If the Customer wishes to register on the Store, they must also choose a username and password. These serve as security elements and allow the Customer to make purchases in the Store and facilitate their identification for subsequent purchases, as well as the creation of and access to the purchase history, the management of preferences and notifications. This data is confidential and for personal and non-transferable use.
Once the Customer has registered, the Store will send a confirmation of registration to the email address provided by the Customer.
The Customer is solely responsible for the safekeeping and confidentiality of the password, and it is understood that any third party using it does so with the consent and on behalf of the Customer.
2.3. Any purchase of Products made in the Store following the identification and authentication process using the username and password shall be deemed to have been duly made by the Customer and shall be binding, with the Customer being solely responsible for any purchase of Products made using their username and password.
2.4. Customers must always be of legal age. As such, the Store reserves the right to refuse a purchase if there is any indication that it has been made by a minor.
2.5. The sale of Products in the Online Store is not aimed at Customers who are part of the HORECA (Hotel, Restaurant and Catering) sector, and therefore potential Customers in the HORECA sector should refrain from making purchases through the Store. OSBORNE reserves the right to refuse such purchases.
2.6. The use of the Store, the browsing of the Store and/or the purchase of any Product implies the full acceptance by the Customer of these Terms and Conditions, without any reservation whatsoever. If the Customer does not wish to accept all or any of the applicable terms and conditions, they may simply refrain from accessing or using the Store.
2.7. The legal relationship resulting from registration as a Customer of the Store is of indefinite duration, without prejudice to the fact that both the Customer and OSBORNE may unilaterally terminate or suspend it at any time and for no other reason than the express wish of the other party. Such termination or suspension shall not affect any obligations arising from previous purchases or orders.
PRODUCT INFORMATION AND AVAILABILITY
3.1. The Products available for purchase in the Store are those published in the Store at any given time, together with their main characteristics and price. Before confirming your order, you will also be shown the shipping costs that may apply in accordance with these terms and conditions.
3.2. Promotions will be duly indicated as such.
3.3. All orders and purchases from the Store are subject to availability at the time of purchase.
PRICES AND SHIPPING COSTS
4.1. The price of each Product is always displayed in the currency in which it is denominated and includes all applicable taxes. Should the Store identify an error in the pricing of the Products, it will notify the Customer who will in turn will be given the opportunity to confirm the order at the correct price or, failing that, to cancel the order free of charge.
4.2. The price of the Products does not include shipping costs, which shall be borne by the Customer, unless expressly stated otherwise. The Customer will be duly informed of the amount of these costs, which will be itemised prior to confirmation of the order and payment.
4.3. Shipping costs may vary depending on the Product purchased, the destination of the Products and the shipping method chosen by the Customer, among other factors. The shipping costs can be viewed here:
4.4. The prices and shipping costs indicated in the Store are applicable only to the Products offered in the Store and for as long as they remain published. The Store expressly reserves the right to change prices at any time after publication in the Store itself. However, the prices indicated in the Store when the order is placed shall always apply to each order.
- PURCHASE PROCESS
5.1. To purchase a Product, the Customer must select the desired Product and add it to their Shopping Basket, as indicated in the Store.
5.2. Once the purchase has been completed, OSBORNE will send the Customer an email confirmation of the purchase to the email address they have previously provided, which will serve as proof of the transaction.
5.3. The Customer may request the invoice corresponding to the purchase by filling in the form at https://www.osborne.es/en/contact. The order confirmation and the proof of purchase do not constitute an invoice.
5.4. In accordance with these Terms and Conditions, the Store is restricted to persons of legal age, for which the Customer, before making any purchase in the Store, must declare and state that they are of legal age and that they meet the minimum legal age for the purchase and consumption of products containing alcohol in their current location. It is understood that if the Customer falsifies this declaration and purchases any of these products without complying with this requirement, they shall assume all liability for any legal proceedings that may arise as a result.
PAYMENT METHOD
6.1. The Customer should follow the instructions provided in the Store. Payment for the Products and their shipping costs may only be made by credit card or other means of payment available in the Store at any given time.
In any case, each available payment method is subject to the relevant checks and authorisations by the relevant entities, which means that if the relevant entity does not authorise the payment, the purchase process will be terminated and the order will be automatically cancelled.
Once the payment has been authorised, the price of the Products, together with any applicable taxes and shipping costs, will be charged when the order is placed.
6.2. The Store uses an e-commerce payment gateway for electronic payments. The information provided by the Customer to the Store for this purpose is encrypted to ensure maximum security during the payment process and is hosted on a secure server certified in accordance with the "Secure Socket Layer" protocol. Under no circumstances will the Customer's data be stored in the payment gateway, with this only being kept during the purchase transaction, the payment process and until the withdrawal period has expired.
SHIPPING AND DELIVERY OF PRODUCTS
7.1. The Store may offer different types of shipping methods to Customers. The availability of the different shipping methods will depend on various factors, such as the Store's decision whether or not to offer a particular shipping method, the type of Product and other factors. The Store does not guarantee that the various shipping methods will always be available.
If, depending on the above factors, different delivery methods are available, they may include, but are not limited to, the following:
- A) Standard Delivery.
- A) Express Delivery.
7.2. The Customer should select their preferred delivery method from those available.
7.3. During the purchase process, the Customer will be informed of the shipping costs corresponding to the chosen shipping method and the estimated delivery time.
7.4. Delivery address: In the case of Standard and Express delivery, the Products purchased in the Store will be sent to the postal address provided by the Customer. The postal address should not be a PO Box or other public place such as a public street, square, railway station, airport or similar. Once the delivery and billing details have been recorded, any changes must be registered at https://www.osborne.es/en/contact. These changes may result in delays in delivery times. In such a case, no claims regarding delivery times will be accepted.
7.5. The delivery time for the Standard Delivery is between 2 and 3 working days in Spain (except for the island territories where the delivery time is 10 working days), between 2 and 3 working days in Portugal (except for the island territories where the delivery time is 10 working days) and between 2 and 4 working days in the rest of Europe. This excludes Saturdays, Sundays and national or local holidays that begin after the order has been verified. The delivery time may also be subject to force majeure, and it is important to remember that orders verified after the cut-off time (12:00) will be considered as having been placed the following day, as they cannot be prepared on the same day. During the hottest months of the year, and to maintain products in the best possible condition, between 1 June and 30 September, orders will not be prepared on Fridays and the delivery time will start on the following Monday.
7.6. The delivery time for Express Shipping will not exceed 24 hours in Spain and 72 hours in the rest of Europe. This excludes Saturdays, Sundays and national or local holidays that begin after the order has been validated. The delivery time may also be subject to force majeure, and it is important to remember that orders verified after the cut-off time (12:00) will be considered as having been placed the following day, as they cannot be prepared on the same day. During the hottest months of the year, and to maintain products in the best possible condition, between 1 June and 30 September, orders will not be prepared on Fridays and the delivery time will start on the following Monday.
7.7. Delivery times may vary due to the unavailability of stock of the items included in the order, or due to certain periods of high activity such as the Christmas period, and there is no guarantee that the stated delivery times will be met. Under no circumstances will the amount paid for express delivery (or standard delivery for orders under €80) be refunded if the delivery date is not met during the Christmas period between 1 December and 6 January.
7.8. In the case of Standard or Express delivery, if the Product is not delivered to the specified address on the first attempt, a second attempt will be made on the same day or consecutive days. If delivery is still not possible on the second attempt, the Product will be returned to the Store. The shipping and return costs will be borne by the Customer and the price of the Products that could not be delivered will be refunded to the Customer using the same means of payment used for the original purchase.
7.9. The Proof of Purchase will be sent with the Order Confirmation email at the time of purchase. The delivery note attached to the goods to be delivered will never include the price of the goods.
7.10. If, for any reason, the Store does not fulfil its obligation to deliver the goods within the set time limit or within a time limit specifically agreed with the Store, the Customer has the right to ask the Store to deliver the goods within an additional time limit, depending on the circumstances of the case. If the Store fails to deliver within this additional period, the Customer shall be entitled to terminate the Agreement. In the event of termination of the contract, the Store is obliged to return any sums paid by the Customer as soon as possible.
7.11. The delivery of all goods of a durable nature will be accompanied by the relevant warranty, which will state: (i) the product to which it relates; (ii) the name and address of the party providing the warranty (which will normally be the manufacturer of the product); (iii) that the warranty does not affect the Customer's statutory rights in respect of defects or non-conformity of the product; (iv) the period for which the warranty is valid; (v) the means of making a complaint to make it effective; and (where applicable) the rights in addition to the statutory rights granted to the Customer.
NOTE: The days to which the delivery times refer are always counted as working days, excluding weekends and public holidays. Orders received after 13:00 will be counted as having been received the following day, as they cannot be prepared that same day. During the hottest months of the year, and to maintain products in the best possible condition, between 1 June and 30 September, orders will not be prepared on Fridays and the delivery time will start on the following Monday.
7.12. On receipt of the product, it is important to indicate on the delivery note any anomaly observed.
WITHDRAWAL
Customers who purchase Products from the Store may withdraw from the purchase without having to justify their decision to withdraw from the contract.
The return of the Product may be made through the Store's Customer Service Department by filling in the form available at https://www.osborne.es/en/contact. Simply follow the steps that are indicated there.
The maximum time limit for the Customer to send their request is 14 calendar days from the date of receipt of the Products.
The Customer must return the purchased Products in perfect condition (not damaged, soiled or opened), properly protected and in their original packaging. Before returning the Product, the Customer must ensure that the Product is properly protected and sealed so that it is not damaged in transit.
Once the returned Products have been received by the Store, and after checking that they are in good condition, the amount corresponding to the returned units will be refunded to the Customer using the same means of payment used for the original purchase.
The maximum time limit for the Customer to send their request is 14 calendar days from the date of receipt of the Products.
The return costs that may be charged to the Customer will be the equivalent of the corresponding ordinary postage rate. However, this may vary according to the nature of each Product.
The Store reserves the right to charge the costs incurred if the Product is not in perfect condition.
Withdrawal will not be possible if the nature of the Products purchased makes it impossible, without prejudice to the corresponding claim for damages suffered, including in particular: (i) Products made to the consumer's specifications or personalised; (ii) Products that have expired within the withdrawal period; (iii) Products that are not in perfect condition; (iv) Products that, due to their nature, may deteriorate during the 14-day period as a result of poor conservation.
GENERAL GUARANTEE
For the guarantee provided for in the Consolidated Text of the General Law for the Defence of Consumers and Users to apply, and without prejudice to the right of the Store to verify the defects, their origin and the time at which they occurred, the Customer must request the collection of the defective Product within a maximum period of two months from the date of discovery of the defect, informing the Store in writing of the nature of the problem and the time and conditions at which it occurred. Except in the case of perishable products, in which case this period is reduced to one month.
PRODUCT QUALITY GUARANTEES
The best-before date and storage conditions are indicated on all of the Store's Products, so please follow these recommendations.
All Products have undergone careful quality control and are marketed according to the standards approved by the Brand. Personal opinions about the salt or curing point, as well as aesthetic considerations of the piece, are not considered product defects.
If the Customer considers that a Product is not in a suitable condition for consumption, they should contact the Customer Service as soon as possible by filling in the form available at https://www.osborne.es/en/contact, indicating the nature of the problem, the time and the conditions in which it occurred.
In the event of a complaint, the Product may be returned via the Store, https://www.osborne.es/en/contact, and the Customer Service Department will indicate the steps to be followed.
To apply the quality guarantee, and without prejudice to the right of the Store to verify the defects, their origin and the time of their appearance, the Customer must request the collection of the defective Product within a maximum period of one month from the date of receipt of the Iberian Product or immediately after the discovery of the defect.
In the case of Jamones and Paletas, complaints will not be accepted for pieces that do not retain 80% of their original weight or that have been treated in such a way that the traceability of the piece cannot be established (e.g. boned, sliced, etc.).
If the Store establishes that the Product was indeed not in good condition and that this is not the fault of the Customer (in particular due to inadequate storage conditions), the Store will be responsible for replacing the Product at no cost to the Customer.
If the Store determines that the defect is due to a cause attributable to the Customer or that the Product is in good condition, the Product will be returned to the Customer, who will be responsible for the cost of collection, return and reshipment.
PERSONAL DATA
As part of our firm commitment to respecting the rights of individuals and complying with data protection regulations, and in accordance with the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, OSBORNE makes its Privacy Policy available to Users, to inform them of how OSBORNE collects, processes and protects the personal data of people who access or use its services. To this end, the informative guidelines on how the Store processes your personal data are set out below:
PRIVACY POLICY. REGISTERED CUSTOMERS
PRIVACY POLICY. NON-REGISTERED CUSTOMERS
PRIVACY POLICY. PRODUCT AVAILABILITY
GENERAL
OSBORNE provides you with these Terms and Conditions with sufficient notice and in accordance with the legislation in force, so that you may consult, store and copy them.
If any provision of these Terms and Conditions is declared null and void or unenforceable, in whole or in part, by any court or competent administrative body, this shall not affect the validity of the remaining provisions. Should this be the case, the clause or clauses in question will be replaced by one or more other clauses that more closely reflect the original intended meaning.
APPLICABLE CALENDAR
All time periods and references to working days in the Store shall be understood to refer to the Spanish National Working Calendar.
APPLICABLE LEGISLATION
The Customer may access the European Online Dispute Resolution Platform by following this link.
The parties may choose to settle the dispute before the courts and tribunals of the User's domicile, waiving any other jurisdiction.
These Conditions have been drawn up in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce, and Royal Decree 1/2007, of 16 November, which also includes the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws, in their most recent versions.