GENERAL PURCHASING CONDITIONS

These General Purchasing Conditions apply to all sales made by SORBO MJV, S.L. on the www.wearesorbos.com website. By ticking the “[…]” box, you acknowledge that you are aware of and fully accept them without limitations or conditions.

These General Purchasing Conditions and the pre-contractual information referred to below in Clause 3 form the contract of sale of the Products, as defined below, between SORBO MJV, S.L. and the Customer (hereinafter, the “Agreement”).

SORBO MJV, SL, with NIF (Spanish Tax Number) B66471434, entered in the Companies Registry of Barcelona, with address for these purposes at C/ Can Parellada 26 Nave 2, 08170 Montornes del Valles (Barcelona) España and whose business is the marketing of edible products (hereinafter “SORBOS”).

Before completing the sales transaction of any of the products offered through the www.wearesorbos.com website (hereinafter, the “Products”), which will take place when the user clicks on the “Place Order” button, the Customer acknowledges that SORBOS has made available the following information:

• The legal and economic terms and conditions of the sale in question, expressly indicating the existence of a payment obligation.
• The characteristics of the purchased Products.
• The identity of the contracting business (including trading name) and its address, telephone number and contact e-mail.
• The total price of the Products, including applicable taxes and/or charges and any additional costs (e.g. shipping costs).
• Where appropriate, the cost of the distance communication technique used to conclude the Agreement. This cost will only be supplied in cases where it is calculated on a basis other than the basic rate.
• The means of payment, terms (including delivery areas) and estimated delivery date of the Products. The languages in which the Agreement is executed, where these are different to the language in which the pre-contract information was offered.
• The term of the Agreement.
• The existence of a legal guarantee, an after-sales service and a procedure for handling customer complaints.
• The conditions, term and procedure to adopt for withdrawal from this Agreement.
• The existence of a Code of Conduct and how to obtain a copy thereof.
• The functionality of digital content, including applicable technical protection measures.
• All relevant interoperability of digital content with the sections and programs known to the business or that it can reasonably be expected to have known, where applicable.
• These General Purchasing Conditions.

To complete the purchase, the user of https://wearesorbos.com (hereinafter, the “Customer”) must complete a form on which he/she must supply different personal data.

The Customer may enter a billing address that is different to the delivery address or addresses of the Products.

Prior to the conclusion of the purchase process, the Customer will be informed about the nature, main features and usefulness or purpose of the Products, the exact amount of each, including the associated shipping costs and taxes or fees applicable to each, together with their individual estimated delivery dates.

The purchase of the Products must be completed by clicking on the “Place Order” button at the bottom of the purchase request page, following express acceptance of these General Purchasing Conditions, by ticking the space reserved for this effect.

Only persons of legal age may process orders through https://wearesorbos.com, acting either on their own behalf or on behalf of a legal person for which they have sufficient powers of representation. For this purpose, the Customer availing of the website https://wearesorbos.com warrants that he or she is of legal age and guarantees the accuracy of all registration data supplied to SORBOS and shall be solely liable for any false or inaccurate statements that he or she makes and the damage that such circumstances may cause to SORBOS or third parties. SORBOS reserves the right to cancel orders from customers who supply false data.

Having expressly accepted these General Purchasing Conditions, by ticking the box reserved for this effect, and after accepting the order of the Products by clicking on the “Place Order” button, SORBOS will send justification of the concluded Agreement to the Customer, together with all terms and conditions, by e-mail within 24 hours of the time and date of the purchase.

Before finalising the purchase process on the “Cart” screen, the Customer will be informed of the total price payable for the Products, including taxes, charges and shipping costs.

It is hereby stated, for the relevant purposes, that the shipping costs will be automatically calculated during checkout at the standard rates provided by the courier, depending on delivery address and the weight and volume of the purchased products.

Shipping costs will be calculated based on the delivery location of the purchased product and will depend on the weight and zone in which the order is to be delivered.

The shipping address can be modified after completing the purchase process. To take out this service, the customer must send an e-mail to pedidos@wearesorbos.com indicating both the details of the new delivery address and a contact telephone number to place the order and pay for it by telephone.

Customers wishing to purchase a Product must pay the stated amount using a means of payment that they select for this purpose from those indicated in the purchasing process (payment by credit card or debit card, Bizum or bank transfer).

The application of the charge will depend on the payment means used. In general, charges are made automatically on completion of the product purchasing process.

SORBOS hereby informs you that it stores the electronic documents on which transactions are concluded.

The Customer agrees that, if at any time it is not possible for SORBOS to collect payment of any of the requested products, the contract shall be taken as not having been concluded and SORBOS will be unable to make delivery as requested.

Likewise, in the event of non-payment, SORBOS reserves the right to take any measures applicable to it in law to achieve the satisfaction of its collection rights arising from the purchasing contract in question.

As stated above, within 24 hours of concluding the sale of the Products, SORBOS shall send to the Customer documentary evidence of the payment made.

The Customer may elect to receive the invoice for free on paper or electronic format to his or her e-mail inbox during the purchasing process. If he/she opts for electronic invoicing and subsequently wishes to receive a paper copy of the invoice, he or she must communicate such request to SORBOS Customer Care by any of the free means of contact indicated in Clause 13, in which case SORBOS shall send the paper invoice to the Customer by e-mail at no further cost.

The products will be delivered within a reasonable period starting from the conclusion of the Product purchasing process and, in any event, within 30 days.

Delivery will be understood as having been made within the above-stated period if delivery was attempted at least once in the place and at the times indicated for the delivery of the Products by the Customer during the purchasing process.

Deliveries shall be made free of charge within Spain (excluding the Balearic Islands, the Canary Islands, Ceuta and Melilla). Deliveries may also be made worldwide subject to the payment of the relevant proportion of their freight.

Orders of multiple Products may be split into several deliveries.

If, for any reason, it is not possible to supply a Product, SORBOS will contact the Customer as soon as possible to inform him or her of this circumstance and will refund the price of the product together with the shipping costs.

In cases where it were not possible to supply one or more products in an order that contains other products that it can supply, SORBOS will reimburse in full the amounts paid, including shipping costs, for the products that were not available, but will retain the amounts for the other Products that it is able to supply and the shipping costs for the delivery of these latter.

Were it not possible to supply any of the Products forming part of a series of Products offered as a unit, the entirety of the goods shall be deemed not delivered and SORBOS will refund the price in full, together with the shipping costs.

The resale to third parties of Products purchased through this website is expressly prohibited.

The Customer does not have the option of withdrawing from the purchase of Products given that they are food products. In the event of just cause arising from a manufacturing defect, the Customer will have the right to withdraw within fourteen (14) calendar days from the date of receipt of the Product at the chosen delivery address without justification. To meet the withdrawal deadline, it will be sufficient to send notice of exercise of this right by the above-stated deadline.

In the event of a contract for the delivery of multiple goods ordered by the customer in a single order and delivered separately, the deadline for exercising the right of withdrawal shall begin on receipt of the last of the products.

To exercise this right, the Customer shall inform SORBOS of his/her decision to withdraw from the contract by completing the form annexed to these General Purchasing Conditions and sending it by post, fax or e-mail to the address: pedidos@wearesorbos.com, in which case, SORBOS will promptly acknowledge receipt of said withdrawal on a durable medium (e.g. e-mail) or by any means of acknowledgement of said decision allowing SORBOS to demonstrate the content and receipt thereof.

Each Product must be returned in perfect condition, unused and with all labels, packaging and — where applicable — documentation and accessory items contained in the original packaging.

The shipping costs associated with the withdrawal shall be borne by SORBOS. SORBOS shall likewise return to the Customer the amounts paid by the latter for the purchase of the Products subject to withdrawal, including the shipping costs initially paid by the Customer for the delivery of the Products.

Such amounts will be returned to the Customer within fourteen (14) calendar days of the date on which SORBOS was informed of the Customer’s withdrawal decision for just cause.

For the relevant purposes, it is hereby stated that, where it is not possible to remove the Products subject to withdrawal, for reasons attributable solely to the Customer, SORBOS shall only be required to reimburse to the Customer the difference between the market value of the Products and the amount paid for them by the Customer, together with applicable taxes and shipping costs.

In this case, if the Customer requests a resending of the product that were already returned to the warehouse, the Resending Service would need to be contracted, with an RRP of €10 (21% VAT included) and any storage costs incurred paid. To take out this service, the customer must send an e-mail to pedidos@wearesorbos.com indicating both the details of the delivery address and a contact telephone number to place the order and pay for it by telephone.

Unless proven otherwise, the products are understood to comply with the Agreement, provided that they meet all the requirements set out below, unless any of them does not apply due to the circumstances of the specific case:

• They match the description on the SORBOS website and possess the Product attributes that SORBOS has presented to the consumer and user in the form of a sample or model.
• They are suitable for the ordinarily intended uses of products of the same type and have the usual quality and performance of a product of similar characteristics that can be reasonably expected by the Customer, given the nature of the products.
• They are suitable for any special use required by the Customer when he or she made this known to SORBOS at the time of the conclusion of the Agreement, provided that SORBOS has admitted that the Product is suitable for such use.

In cases of proven disconformity between the Product and the Agreement, SORBOS shall, where applicable, remedy, replace, substitute, reduce the price or terminate the Agreement, as provided in Clause 12 below.

In the event that, for any reason, SORBOS agrees or is required to compensate the Client, such compensation shall not extend to loss of profits.

SORBOS provides Customers with warranties for the Products sold through the www.wearesorbos.com website under the terms legally established for each Product type, and is therefore liable for any non-conformity in them.

In this regard, should any of the Products fail to conform to the Agreement, the Customer may choose between having the Product repaired or replaced, unless either of these two options is objectively impossible or disproportionate.

For the appropriate purposes, it is understood that the Products conform to the Agreement if they meet the requirements of Clause 11 above.

If, after completion of the repairs and delivery of the Product, the latter were still not in conformity with the Agreement, the Customer may request the replacement of the Product (unless such option were disproportionate), a reduction in the price, or termination of the Agreement.

Likewise, if, after replacement of the Product, the latter were still not in conformity with the Agreement, the Customer may request the repair of the Product (unless such option were disproportionate), a reduction in the price, or termination of the Agreement. In cases where it is not possible to repair or replace the Product, the Customer may choose either to request a reduction in the price or to terminate the Agreement, unless the non-conformity were minor.

Notwithstanding the foregoing, the warranty shall be voided if defects or damages occur to the Products as a result of improper handling or lack of maintenance or care thereof contrary to the instructions of the manufacturer.

For the appropriate purposes, it is hereby stated that, in order for the Customer to enforce the rights set out in this clause, it will be necessary to submit the relevant invoice.

For all enquiries, incidents and complaints following the purchase of the Products, SORBOS offers its Customers a Customer Care Service on the telephone number (+34) 747 755 278 / +34 93 164 20 81, by e-mail at sorbos@wearesorbos.com or by writing to Av. Catalunya, 95 Bj. 4ª, Sant Fost de Campsentelles, 08105 – Barcelona.

The Customer may obtain a record of his or her complaint, which will be processed as soon as possible and, in any event, within one month, by means of an identification code and receipt supplied by SORBOS in writing or on any other durable medium.

SORBOS, with registered address at C/ Can Parellada 26 Nave 2, 08170 Montornes del Valles (Barcelona) España, hereby informs the Customer – who gives his/her consent thereto – of the incorporation of the information that he or she supplies for purchasing from the website into a file owned by SORBOS, the purpose of which is to maintain and manage the relationship with Customer in connection with the sale of its Products.

The Customer is responsible for the accuracy of the personal data supplied. SORBOS reserves the right to deny services to any Customer who has supplied false data, without prejudice to other actions stipulated by law.

In the event of any change to their details, SORBOS requests that users let us know in order to keep them updated. In this regard, the Customer agrees to supply certain information in connection with his or her personal data, and to keep the data supplied to SORBOS updated.

If the Customer supplies third-party data, the Customer warrants having obtained the express consent of such third parties to communicate their data to SORBOS for the processing purposes stated in these General Purchasing Conditions.

In any event, the Customer may enforce their rights of access, rectification, cancellation and opposition by e-mailing sorbos@wearesorbos.com, including the reference “Personal Data Protection” in the communication. The request must contain the following information in relation to the subject: name and surname, correspondence address, photocopy of his or her national identity card (DNI) or any other legally valid identity document, and the specific written request.

Any communication made by SORBOS to its Customers, including communications regarding Product purchases, will be made to the contact details (e-mail, telephone and/or address) provided by Customers on the registration form.

This Agreement will be interpreted under and governed by Spanish law. SORBOS and the Customer agree to attempt to resolve amicably any disagreement as may arise during the execution of this Agreement before bringing it before the courts stipulated herein.

In the event of any conflict or discrepancy in the interpretation or application of these General Purchasing Conditions, the Courts required to hear the case, where applicable, will be those stipulated in the applicable legal regulations on competent jurisdiction, which address, in the case of end consumers, the place of fulfilment of the obligation or the domicile of the purchasing party.

In the case of purchases made by a company, both parties submit to the Courts of Barcelona (Spain), expressly waiving any other jurisdiction.

SORBOS shall inform Customers by e-mail or through notices on www.wearesorbos.com of any modifications to these General Purchasing Conditions. The purchase of new Products through this platform shall constitute recognition and acceptance of such modification.

Such modifications will be set out in this document, which the user may access at any time by means of a permanent link at the bottom of the website. At the time of subscription renewal, the General Purchasing Conditions in force at that time shall be deemed accepted.

The functioning of the website relies on the servers of companies that provide services connected through public and private communications infrastructure.

Access to the website may be suspended for technical reasons or for reasons of force majeure, such as:

1. Power cuts or failures in the telephone network.
2. User errors in accessing to the website.
3. Fire, flood, earthquakes or other acts of nature.
4. Strikes or labour disputes.
5. Armed conflict or other situations of force majeure.

The above causes, provided as non-limitative examples, are unpredictable in nature or, where they are foreseeable or could have been foreseen, are nonetheless inevitable.

SORBO MJV, SL shall not be held accountable and will be held harmless from any liability when any of the above causes take place.

The ineffectiveness of any of these provisions shall not affect the others. Ineffective clauses shall be substituted, where appropriate, by other content allowing achievement of the economic purpose pursued by the clauses declared ineffective.