Osborne shop general terms and conditions| Osborne

GENERAL TERMS AND CONDITIONS

GRUPO OSBORNE, S.A.U. (hereinafter referred to as "OSBORNE"), a Spanish company with Tax Identification Number (C.I.F.) A-11535564, located at 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 Terms and 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.

Select the products you want and add them to your basket using the button next to each product.
When you have everything you want, go to My Basket at the top right of the screen.
Go to View Full Basket or Checkout.
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.
Confirm your delivery address and select your payment method. Then read and, where applicable, accept the relevant privacy policy.
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, you can consult the frequently asked questions available on the Store or contact us through the following link: Contact

1. 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, which is entitled 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: Contact

2. 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, following the instructions provided and undertaking to provide accurate and truthful information at all times in order to facilitate the purchase process and customer service, as well as the sending of newsletters, loyalty programmes and the determination of consumer preferences or, where applicable, the management of 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 and 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, browsing it and/or purchasing 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.

3. 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 the order, the Customer will also be shown the shipping costs applicable 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.

4. PRICES AND SHIPPING COSTS

4.1. The price of each Product is always displayed in the applicable currency and includes, where applicable, all corresponding taxes. Should the Store identify an error in the price of the Products, it will inform the Customer, who will have the option to confirm the order at the correct price or, failing that, cancel it 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. Shipping costs can be consulted here:

Shipping Costs

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 through publication in the Store itself. However, the prices and shipping costs in force at the time the order is placed shall always apply to each order.

5. 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 previously provided by the Customer, which will serve as proof of the transaction.

5.3. The Customer may request the corresponding invoice by filling in the form available at Contact. The order confirmation and 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. Before making any purchase in the Store, the Customer declares and confirms 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. If the Customer falsifies this declaration and purchases any of these products without complying with this requirement, they shall assume all legal consequences that may arise from this action.

6. PAYMENT METHOD

6.1. The Customer must follow the instructions provided in the Store. Payment for the Products and shipping costs may be made by credit or debit card or by any other payment methods 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 entities responsible for them. 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, 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 Customers 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 through the payment gateway, and it will only be retained for the duration of the purchase transaction, the payment process and until the withdrawal period has expired.

7. 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.

Where different delivery methods are available, they may include, among others, the following:

Standard Delivery.
Express Delivery.

7.2. The Customer shall 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 may not be a PO Box or public places such as public roads, squares, stations, airports or similar locations. Once the delivery and billing details have been recorded, any changes must be requested through Contact. These changes may result in delays in delivery times. In such cases, claims relating to the delivery times will not be accepted.

7.5. The delivery time for Standard Delivery will be between 2 and 3 working days in mainland Spain and mainland Portugal, except for the Balearic Islands, Ceuta and Melilla, where the delivery time may be extended to 10 working days. For international shipments to European Union countries, the delivery time will be between 3 and 6 working days.

Delivery times are calculated in working days, excluding Saturdays, Sundays and applicable public holidays. Orders verified after the 11:30 a.m. cut-off time will be considered as having been placed on the following working day, as they cannot be prepared on the same day.

During the summer period, from June to September, both inclusive, orders verified from 11:30 a.m. on Thursday onwards will not be prepared until the following Monday in order to ensure the appropriate conservation and quality of the Products during transportation.

7.6. Express Delivery is only available for mainland Spain. It is not available for international shipments, the Canary Islands, the Balearic Islands, Ceuta or Melilla. The Express Delivery service involves an additional charge of €2.99, including VAT, on top of the applicable Standard Delivery charge.

7.7. Delivery times may vary depending on the unavailability of stock of items included in the order and during specific periods of high activity, such as the Christmas campaign. Consequently, the published delivery times cannot always be guaranteed.

In no event will the amount paid for Express Delivery, or for Standard Delivery for orders below the applicable free-shipping threshold, or for international orders below the applicable free-shipping threshold, be refunded due to a failure to meet the delivery period for orders placed during the Christmas period, understood as the period between 1 November and 6 January.

7.8. In the case of Standard or Express Delivery to a specified address, if delivery is rejected or cannot be completed on the first attempt, a second attempt will be made on the same day or on subsequent days. If delivery is still not possible on the second attempt, the Product will be returned to the Store. The shipping and return costs shall be borne by the Customer, and the price of the Products that could not be delivered will be refunded 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 accompanying the goods will not include the price of the Products.

7.10. If, for any reason, the Store fails to fulfil its obligation to deliver the goods within the established period or within a period specifically agreed with the Store, the Customer shall request that the Store make the delivery within an additional period appropriate to the circumstances. If the Store fails to deliver within this additional period, the Customer shall be entitled to terminate the contract. In the event of termination, the Store shall refund the amounts paid by the Customer as soon as possible.

7.11. The delivery of Products of a durable nature will be accompanied by the corresponding guarantee, which will state: (i) the Product to which it relates; (ii) the name and address of the party providing the guarantee, normally the manufacturer of the Product; (iii) that the guarantee does not affect the Customer's statutory rights in relation to defects or lack of conformity of the Product; (iv) the period of validity of the guarantee; (v) the means of making a claim; and, where applicable, any additional rights granted to the Customer beyond those established by law.

NOTE: The periods referred to as delivery times are always calculated in working days, excluding Saturdays, Sundays and public holidays. Orders verified after 11:30 a.m. will be considered as having been placed on the following working day, as they cannot be prepared on the same day.

7.12. Upon receipt of the Product, if any anomaly is detected, it is essential that this is indicated on the delivery note.

8. 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 arranged through the Store's Customer Service Department by filling in the form available at Contact, where the steps to be followed will be indicated.

The maximum period available to the Customer to send their withdrawal notification is 14 calendar days from the date on which the Products were received.

The Customer must return the purchased Products in perfect condition, meaning not damaged, soiled or opened, properly protected and in their original packaging. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer damage during transportation.

Once the returned Products have been received by the Store and their good condition has been verified, the amount corresponding to the returned units will be refunded using the same means of payment used for the original purchase.

The return costs that may be charged to the Customer shall be equivalent to the corresponding ordinary postage rate. However, this may vary depending on the nature of each Product.

The Store reserves the right to charge any costs incurred if the Product is not in perfect condition.

Withdrawal shall not apply when, due to the nature of the Products purchased, it is impossible to exercise this right, without prejudice to any corresponding claim for damages suffered, including, in particular: (i) Products made according to the consumer's specifications or personalised for the consumer; (ii) Products that have expired during the withdrawal period; (iii) Products that are not in perfect condition; and (iv) Products which, due to their nature, may deteriorate as a result of inadequate conservation during the 14-day period.

9. 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 Store's right 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 on which the defect was identified, informing the Store in writing of the nature of the problem and the time and conditions in which it occurred. In the case of perishable products, this period is reduced to one month.

10. PRODUCT QUALITY GUARANTEES

The best-before date and the storage conditions necessary for the proper conservation of all Products are indicated on the Store's Products. We therefore recommend that these recommendations be followed.

All Products have undergone careful quality control and are marketed according to the standards approved by the Brand. Personal opinions regarding the level of salt or curing, as well as aesthetic considerations concerning the piece, shall not be considered Product defects.

If the Customer considers that a Product is not in suitable condition for consumption, they should contact Customer Service as soon as possible through the form available at 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 through the Store via Contact, and the Customer Service Department will indicate the steps to be followed.

For the quality guarantee to apply, and without prejudice to the Store's right 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 one month from receipt of the Iberian Product or immediately after the defect is identified.

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 handled in any way that prevents the traceability of the piece from being established, such as boning or slicing.

If the Store establishes that the Product was indeed not in good condition and that this was not attributable to the Customer, particularly due to inadequate storage conditions, the Store shall be responsible for replacing the Product at no cost to the Customer.

If the Store establishes that the defect giving rise to the complaint is attributable to the Customer or that the Product is in good condition, the Product will be returned to the Customer, who shall be responsible for the collection, return and reshipment costs.

11. PERSONAL DATA

As part of our firm commitment to respecting the rights of individuals and complying with data protection regulations, and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, OSBORNE makes its Privacy Policy available to Users in order to inform them of how OSBORNE collects, processes and protects the personal data of persons who access or use its services. To this end, the information policies relating to the processing of personal data in the Store are set out below:

12. GENERAL

OSBORNE provides these Terms and Conditions with sufficient notice and in accordance with the legislation in force, so that they may be consulted, stored and reproduced.

If any provision of these Terms and Conditions is declared null and void or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, this shall not affect the remaining provisions. In such a case, the clause or clauses concerned shall be replaced by another clause or clauses having effects as similar as possible to those of the replaced provision.

13. APPLICABLE CALENDAR

All time periods and references to working days in the Store shall be understood to refer to the Spanish National Working Calendar.

14. APPLICABLE LEGISLATION

The Customer may access the European Online Dispute Resolution Platform by following this link.

The parties may choose to settle disputes before the courts and tribunals of the User's domicile, waiving any other jurisdiction.

These Terms and Conditions have been drawn up in accordance with Law 34/2002 on Information Society Services and Electronic Commerce and Royal Legislative Decree 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws, in their most recent versions.