TERMS & CONDITIONS

This document compiles the terms and conditions governing the use of the http://cachao.eu/ website.
(from now on referred to as the Web) and the hiring of the products and services that are offered in the same one.
 

It consists of the following sections:
 

I. Information about the owner of the Web
II. Terms of use
III. Conditions applicable to orders - General Terms and Conditions
IV. Acceptance of the conditions
V. Applicable law and competent jurisdiction
 

The access to the Web gives you the condition of USER and implies the full and unreserved acceptance, from such access and/or use, of the Conditions of Use, without prejudice to the General Conditions of Hiring in case of an order. Therefore, we recommend that you read these documents before using the functions offered by this website, as well as every time you access it, since we reserve the right to change, modify, add or remove any part of these conditions at any time. The mere access to this website does not in any way imply the existence of a commercial relationship between the user and the Web.

I. OWNER OF THE WEB
For the purposes of Article 10 of Law 34/2002 of 11 July on Company Services of Information and Electronic Commerce, the following information is provided about the holder of this website:

• Owner of the website: CACHAO HOLISTIC FOOD, SLU (from now on CACHAO)

• Address: Plaza Navegación 14, 07013 Santa Catalina, Palma de Mallorca, Spain

• C.I.F. B57768053

• Registry data: Registered in the Mercantile Registry of Palma de Mallorca, Folio: 94, Volume: 2504, Sheet: PM-979

• In addition to the registered office, the following channels are made available to Users to direct their
  requests, questions or complaints:

• T. (+34) 971 221 066

• info@cachao.eu

II. CONDITIONS OF USE
2.1. Obligations of the Users. Users undertake to use this website in a lawful manner, to in accordance with the provisions of these conditions and in such a way as not to prejudice the rights or interests of CACHAO or third parties. By way of illustration and in no case limited to or exclusively, the User also agrees to:

- Not to incur in illegal activities or contrary to public order or good faith;
- Not to use the data published on the Web for sending unsolicited communications (spam).
- Not to carry out actions that imply or imply a violation of property rights intellectual CACHAO or third parties;
- Do not cause damage to the physical and logical systems of CACHAO, its suppliers or third parties or people;
- Not to introduce or spread computer viruses or use any other physical or the following is a summary of the most common types of damage that can be caused by the above-mentioned factors;
- Not to remove, alter, evade or tamper with any protective device or safety system installed on the pages of this website.

2.2. Exclusion of responsibility. The access to this Web page is responsibility of the User. This website is provided "as is" and its use is at the User's own risk, so neither CACHAO, nor its administrators, workers, suppliers or collaborators will be responsible for damages, of any nature, direct or not, deriving from the use of the Web, excluding expressly CACHAO, to the full extent provided by law, any type of guarantee, whether expressed or implied. CACHAO does not guarantee the availability and accessibility of the Web, although it will all reasonable efforts in this regard. Occasionally, there may be interruptions for the time necessary to carry out the corresponding
maintenance operations. CACHAO will not be responsible for any damages derived from interference, interruptions, computer viruses, network failures or disconnections caused by causes unrelated to the aforementioned entity. Nor does it guarantee the absence of viruses, malware, Trojans or other elements that can produce alterations in the computer system, documents or files of the user, excluding any liability for damages of any kind caused to the user by this motive. Similarly, CACHAO will not be responsible for damages caused by third parties through illegitimate intrusions beyond their control. Nor shall he be liable for damages caused by the use or bad use of the contents of the Web, nor by the consequences that may arise from errors, defects or omissions in the contents that may appear in this website is provided by the Users themselves or other third parties. CACHAO does not assume any obligation or responsibility for those services that it does not directly provide.

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2.3. External links. In no case will CACHAO assume responsibility for the contents of the links belonging to a foreign website, nor will it guarantee the technical availability, quality reliability, accuracy, comprehensiveness, truthfulness, validity and legality of any material or information contained in any such hyperlinks or other Internet sites. Similarly, the inclusion of these external connections will not imply any kind of association, merger or participation with the
connected entities.

2.4 Denial of access. CACHAO reserves the right to deny access to the Web to those users who do not comply with these conditions; in case of technical or security problems or in compliance with a request and/or a police, judicial or administrative order. Such refusal will be made at the sole discretion of CACHAO and will not result in any compensation.
 

2.5. Processing of personal data. The personal data of the Users will be treated in accordance with the terms that are indicated in the privacy policy of the Web, which is available in the home page, such policy being incorporated into these conditions by reference. The Users have the right to access, rectify and delete their data, as well as other rights as explained in the Web privacy policy.

2.6. Intellectual property and copyright. Without prejudice to the contents over which third parties hold intellectual rights, the intellectual property rights of the website, the name of domain, its source code, design and navigation structure and elements contained therein (as images, sound, audio, video, software, or text; trademarks or logos, combinations of colours, structure and design, etc.) are the property of CACHAO, who has the exclusive of the rights of exploitation thereof in any form, and in particular the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions Intellectual Property Law in force. The reproduction, distribution and public communication, including the manner in which it is made available, of all or part of contents of this web in any support and by any technical means, without the authorization of CACHAO or, as the case may be, third parties holding intellectual property rights or copyright on the contents concerned. Notwithstanding the above, the user of the website may view the elements of this website and even print, copy and store them on your computer's hard drive or on any other physical support provided that it is solely and exclusively for your personal use and private. Those entities or persons who, with prior authorization from CACHAO, intend to establish a
link to it, they must guarantee that it only allows access to this website or service but that it does not
makes reproduction of its contents and services.

III. GENERAL CONTRACTING CONDITIONS

The present conditions apply to the contracting of products on the Web and constitute a contract between You (hereinafter "the Client") and CACHAO. The contracting of products in this Web, supposes the full and unconditional acceptance of the present general conditions of the contract, in its last version, as well as the Special Conditions to supplement, amend or replace these general conditions, as appropriate, without being the express written incorporation in the same is necessary. The contracting of products on the Web is subject to the following conditions: 

3.1 The Customer declares:
a) To be of legal age and have full capacity to place the order, stating that understands and comprehends all the conditions found on the Web.
b) That the data supplied when placing the order is true and complete.
c) That you confirm the order placed, i.e. the product(s) chosen, the quantities, data billing and shipping.
 

3.2. Orders:
3.2.1. The sale of the products offered in this Web is made by CACHAO HOLISTIC FOOD, SLU.
The operations of sale will be understood to be carried out in the address indicated in section "I. HOLDER
OF THE WEBSITE" of these terms and conditions.

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3.2.2. The characteristics of the products marketed on this website and, in particular, as appropriate, its nature, identity, qualities, composition, quantity, origin or provenance and method of manufacture or obtaining, are those indicated on the product description page. Cachao is not liable for the lack of veracity, incompleteness or lack of updating and/or imprecision of the data or information on characteristics and any other relevant data and information provided by third parties, e.g. producers, importers or manufacturers of the product or elements included in it. The photographs of the products published on the Web are provided for illustrative purposes only, and can vary the appearance of the actual products.
 

3.2.3. These general conditions must be accepted by you before placing an order. The contract may be validly formalized in Spanish and in the other languages available in the web. In case of discrepancy between the translated versions of these conditions, the Spanish version.

3.2.4. Once the products have been selected, the contracting process on the Web follows the following steps:
1. Shopping cart: Confirmation of invoice and delivery address, if applicable comments relating to the order. In this step you must accept these conditions.
2. Order summary: Summary of the order contents. At this point you must choose the mode of payment. You will be redirected to the corresponding payment gateway.
3. Confirmation: Confirmation that the order has been processed correctly. Also, you will be will send a confirmation of the order to the email address indicated by the customer. Until the time of payment, any errors in data entry may be corrected
using the "back" button on your browser. Also, in the order confirmation email you will recapitulate the data on this one. If any errors are detected, the Client should contact contact with Cachao immediately.
 

3.3. Price and payment:
3.3.1. The price of the products or services are those expressly determined on the page in the that you place the order. Unless otherwise indicated, the prices shown on the Web are Retail Prices, VAT included. The transaction will be carried out in EUROS, whatever the origin of the Client. Accepted payment methods are those indicated on the payment gateway.

3.3.2. Prices do not include shipping costs. The shipping costs are those indicated in the page on which you place your order.
Shipping will be free for orders over two hundred and fifty Euros (250 Euros) to following countries: Andorra, Austria, Belgium, Denmark, Faeroe Islands, Finland, France, Greece, Greenland, Ireland, Italy, Luxembourg, Monaco, Netherlands, Portugal, Sweden, United Kingdom and Vatican. In the event that customs charges have to be paid, these will be borne by the Client.
 

3.3.3. Promotions and offers will only be valid for the time they remain accessible to recipients of the service.

3.4. Shipping and delivery times:
3.4.1. The delivery methods available are those expressly set out on the page in the that you place the order. The order will be delivered to the address indicated by the Customer in the order form. Orders will not be served at P.O. Boxes.

3.4.2. CACHAO sends its orders through transport companies. The orders are usually delivered within 3 to 10 days from the date of confirmation of the order by CACHAO. The delivery times indicated on the Web are indicative and are calculated in working days, and may vary depending on the country and location of delivery.

3.4.3. The Client will acquire the property of the products once CACHAO has received payment full of all amounts due in connection therewith, including shipping costs, or either at the time of delivery, if it takes place at a later time.
 

3.4.4. Delivery of the order shall be deemed to have taken place at the time when the Customer or a third party acquires material possession of the goods, which shall be proved by the signature of the reception of the order in the delivery address indicated by the Customer. The risks of products will be charged to the Customer from the moment of delivery.

3.4.5. Orders will be shipped within the limits of available stock. If by any the fact that the stocks of some of the products were found to be exhausted after payment, the Client will be informed immediately via email offering the possibility of a later shipment or canceling the order without costs. If the customer chooses the cancellation of the order, you will be refunded the full amount paid

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3.5. Guarantees: No term of the legal conditions of the Web or of the present conditions
Cachao's liability in respect of its wilful misconduct or gross negligence will be limited or excluded to cases
of death or personal injury caused by the breach of duty; or to any
failure on your part to comply with the obligations imposed on you by law, in particular
foreseen by the Royal Legislative Decree 1/2007 with respect to users who are
consumers.

3.6. Cancellation and returns:
3.6.1. The Customer may cancel the order free of charge until the order is shipped.
 

3.6.2. The Customer has the right to return products that are defective or do not conform to its order, with the option of replacing the product, free of charge, or cancelling the order. From when you choose to cancel your order, the amounts paid will be fully reimbursed to the customer, including delivery and return costs. Reimbursement will be made by the same means as payment that was used to pay for the purchase. The Client must inform CACHAO of the lack of conformity within two months of becoming aware of it.

3.6.3. Returns for reasons other than the existence of a defect or the lack of conformity of the orders are subject to the prior authorization of CACHAO.
 

3.6.4. To request a return, the Client must send an e-mail to info@cachao.eu, indicating the reason for such return. The refund will be made according to the procedure that CACHAO indicate to the Client after receiving the corresponding communication.

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3.6.5. Returns will not be accepted unless they are in their original, sealed packaging and with the product in perfect condition. The above is without prejudice to defective products.
 

3.6.6. For the purposes of the provisions of article 97.1.i) RDL 1/2007, you are informed that, in accordance with
the provisions of Article 103 of the aforementioned Royal Decree Law, due to the nature of the product (perishable foodstuff) and its conditions of preservation, it does not have the right to withdrawal. The above does not affect the Customer's right to return the products in the condition provided for in this clause.

3.7. Legal regulation: The present general conditions are subject to the provisions of the 7/1998 of 13 April on General Contracting Conditions, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and users and other complementary laws, the Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce and, subsidiarily, the Civil Code and the
of Commerce.

IV. ACCEPTANCE OF THE TERMS.
The access to the Web and its use necessarily imply that each and every one of the conditions of use are expressly accepted by you. The contracting of the products available on this website necessarily implies that each and every one of the general conditions of contract, considered as an integral part of the order, are expressly accepted by you.
If any clause of these terms and conditions is declared null and void, it will only affect to that provision or to that part which has been so declared, the conditions subsisting in all and having such a provision, or the party concerned, for not putting it.
 

V. APPLICABLE LAW AND COMPETENT JURISDICTION.
Without prejudice to the rights recognised to consumers by Royal Legislative Decree 1/2007, of 16 November, this website will be governed by Spanish law to the exclusion of its rules of conflict of law and any dispute that may arise from its use or from the services related to it will be submitted to the jurisdiction and competence of the Courts of Palma de Mallorca, users expressly waive their own jurisdiction if they have one. The European Commission provides an online dispute resolution platform for consumers, who can access it via the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Version 2.0 - November 2018

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