Terms of Service
Introduction
This contract governs the General Terms and Conditions for the purchase of food products (hereinafter, the “Terms”) through the website https://grupocasacurro.com/, owned by Casa Curro Grupo Tabernas S.L. under the Casa Curro brand, hereinafter the “PROVIDER,” whose contact information is also provided in the Legal Notice on this website.
These Terms and Conditions will remain posted on the website and available to the USER for review and storage as confirmation of the contract; the PROVIDER may modify them at any time. It is the USER’s responsibility to review them periodically, as the terms in effect at the time an order is placed will apply.
Contracts shall not be subject to any formal requirements, except as expressly provided for in the Civil Code and the Commercial Code, or in this or other special laws.
Acceptance of this document implies that the USER:
• You have read, understood, and agreed to the terms set forth herein.
• This person has the legal capacity to enter into contracts.
• Agrees to comply with all the obligations set forth herein.
These terms and conditions will remain in effect indefinitely and will apply to all contracts entered into through the PROVIDER’s website.
The PROVIDER hereby states that the merchant is responsible for and familiar with the applicable laws of the countries to which it ships products, and reserves the right to unilaterally modify the terms and conditions, without this affecting any goods or promotions purchased prior to such modification.
Identity of the contracting parties
The SUPPLIER of the food products ordered by the USER is Casa Curro Gourmet Selection S.L., with registered office at C/ Pantaleón, 5 – Marbella – 29601 (Málaga), Tax ID No. B19794858, and a customer service/USER hotline at 695 637 613.
On the other hand, the USER, who has registered on the website using a username and password—for which they bear full responsibility for use and safekeeping—and is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to govern the contractual relationship for the sale of goods established between the PROVIDER and the USER at the moment the USER checks the corresponding box during the online ordering process.
The contractual sales agreement entails the delivery of a specific food product in exchange for a specific price that is publicly displayed on the website.
Hiring Process
In order to access the products offered by the PROVIDER, the USER must be of legal age and register on the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of December 5 (LOPDGDD), regarding the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and password, agreeing to use them responsibly and not to disclose them to third parties, as well as to notify the PROVIDER immediately in the event of their loss or theft, or of any unauthorized access by a third party, so that the PROVIDER may block them immediately.
Once the user account has been created, please be advised that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the registration process will follow these steps:
1. General Terms and Conditions.
2. Shipping and Delivery of Orders.
3. Right of Withdrawal.
4. Complaints and Online Dispute Resolution.
5. Force Majeure.
6. Jurisdiction.
7. General Terms of the Offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, fees, and discounts.
11. Purchase process.
12. Termination and suspension or rescission of the contract.
13. Governing law and jurisdiction.
1. General Terms and Conditions
Unless otherwise specified in writing, placing an order with the SERVICE PROVIDER shall constitute the USER’s acceptance of these terms and conditions. No terms proposed by the USER may deviate from those of the SERVICE PROVIDER unless they have been expressly accepted in advance and in writing by the SERVICE PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
Shipping Methods
The SUPPLIER will not ship any orders until it has verified that payment has been made correctly. The shipping methods available in the online store are:
● Freight forwarders
● Pick up directly at the restaurant; in this case, you will be provided with the address at the time of purchase.
The order will be shipped once the availability of the merchandise has been confirmed and payment has been verified.
Delivery times
Delivery times will vary depending on the destination and the chosen payment method, but will always be within 3 to 5 business days from the time the order leaves the PROVIDER’s warehouse. This timeframe applies provided that the availability of the merchandise has been confirmed and full payment for the order has been verified. Shipments will be made on business days.
Failure to perform a distance contract
If the SERVICE PROVIDER has not delivered the goods within 30 calendar days of the agreed delivery date due to the unavailability of the product or service, the USER will be notified and shall be entitled to cancel the order and receive a full refund of the amount paid at no cost, without this giving rise to any liability for damages on the part of the SERVICE PROVIDER.
In the event of an unjustified delay by the SERVICE PROVIDER in refunding the full amount, the USER may claim payment of double the amount owed, without prejudice to their right to compensation for any damages suffered in excess of that amount.
The PROVIDER shall not be held liable if the product or service is not delivered due to the information provided by the USER being false, inaccurate, or incomplete.
Delivery shall be deemed to have been made at the time the carrier has made the products available to the USER and the USER, or the USER’s representative, has signed the delivery receipt.
It is the USER’s responsibility to inspect the products upon receipt and to note any reservations or complaints that may be warranted on the delivery receipt.
3. RIGHT OF WITHDRAWAL
The food items offered are perishable, meaning they may expire or spoil within a short period of time. Such goods are exempt from return, pursuant to subsection (d) of Article 103 of Law 3/2014 of March 27.
In any case, the USER may file a complaint regarding any defects or flaws in the order within 24 hours of delivery, either online or offline, and, if deemed appropriate, return the item.
Any returns or product defects must be reported to the PROVIDER via email to shoponline@grupocasacurro.com, indicating the corresponding invoice or order number. Once the USER has received the return number, they must send the product to the PROVIDER, indicating this number on the shipping label, with shipping costs at their own expense, to the address of Casa Curro Gourmet Selection S.L., C/ Pantaleon, 5 – Marbella – 29601 (Málaga)
After reviewing the case, if the PROVIDER determines that the product did not meet the terms of sale, it will notify the USER of the refund amount and terms within 48 hours.
4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaints that the USER deems appropriate will be addressed as soon as possible and may be submitted to the following contact addresses:
Mailing Address: CASA CURRO GOURMET SELECTION S.L., 5 Pantaleon St. – Marbella – 29601 (Málaga)
Phone: 695 637 613
Email: shoponline@grupocasacurro.com
Online Dispute Resolution
Pursuant to Article 14.1 of Regulation (EU) No. 524/2013, the European Commission provides a free platform for the online resolution of disputes between the USER and the SERVICE PROVIDER, without the need to resort to the courts, through the intervention of a third party, known as a dispute resolution body, which acts as an intermediary between the two parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://ec HYPERLINK
5. FORCE MAJEURE
The parties shall not be liable for any breach caused by force majeure. Performance of the obligation shall be postponed until the force majeure event ceases.
6. COMPETITION
The USER may not assign, transfer, or convey the rights, responsibilities, and obligations arising from the sale.
If any provision of these terms and conditions is deemed invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any manner.
The USER hereby declares that they have read, understood, and accepted these Terms and Conditions in their entirety.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the SERVICE PROVIDER shall be deemed subject to these Terms and Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of CASA CURRO GOURMET SELECTION S.L. or to the provisions set forth herein shall be effective, unless expressly agreed to in writing and signed by the SERVICE PROVIDER; in such cases, these specific agreements shall prevail.
The SUPPLIER reserves the right to modify the specifications regarding the information provided in its advertising, provided that such modifications do not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the ability to supply the products offered is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices listed for each product include Value Added Tax (VAT) or any other applicable taxes. Unless otherwise specified, these prices do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product.
The prices applicable to each product are those published on the website and are expressed in euros. The USER acknowledges that the price of some products may change in real time.
Before making a purchase, the USER can review all the details of the quote online: items, quantities, price, availability, shipping costs, fees, discounts, taxes, and the total purchase amount. Prices are subject to change daily until the order is placed.
Once the order has been placed, the prices will remain the same regardless of whether the products are in stock or not.
Any payment made to the SERVICE PROVIDER will result in the issuance of an invoice in the name of the registered USER or the business name provided at the time the order was placed. This invoice will be sent in PDF format along with the order confirmation email. You can also access the invoice in your user profile.
For any questions regarding the order, the USER may contact the PROVIDER’s customer service line at 695 637613 or via email at shoponline@grupocasacurro.com
9. SHIPPING COSTS
Prices do not include shipping costs or additional services, unless otherwise expressly agreed in writing.
Shipping costs will be calculated when you save your shopping cart or quote, as they are based on the weight of the products and the delivery address.
The maximum shipping rate applied will vary depending on the shipping address but will be as follows:
– Standard
● Between 0 kg and 2.5 kg: 8 euros
● Between 2.6 kg and 5 kg: 17 euros
● Between 5.1 kg and 7.6 kg: 22 euros
– Standard
● Between 0 kg and 5.7 kg: 12 euros
● Between 5.7 kg and 11.4 kg: 24 euros
● Between 11.5 kg and 17.1 kg: 36 euros
10. PAYMENT METHODS, FEES, AND DISCOUNTS
The PROVIDER is responsible for financial transactions and offers the following payment methods for orders:
• Credit card (Visa or Mastercard).
• PayPal
Safety measures
The website uses industry-standard information security techniques, such as SSL, secure data entry, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these objectives, the user/customer agrees that the provider may collect data for the purpose of authenticating access controls.
The SERVICE PROVIDER agrees not to allow any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, or that could or has the potential to damage their goodwill or negatively impact them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all applicable laws governing the Buyer, Issuing Bank, Merchant, or Cardholder(s).
11. PURCHASING PROCESS
Any product from the catalog can be added to the shopping cart. The cart will display only the items, quantity, price, and total amount. Once the cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information you provided.
The baskets have no administrative implications; they are simply a feature that allows you to simulate a quote with no obligation on either side.
From the shopping cart, you can place an order by following these steps to complete the process:
1. Verify billing information.
2. Verify shipping address.
3. Select payment method.
4. Place the order (checkout).
Once the order is processed, the system instantly sends an email to the PROVIDER’s administration department and another to the USER’s email address confirming the order, its status, and the approximate shipping and/or delivery date.
12. WITHDRAWAL AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is deemed unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, if the USER fails to comply with or adhere to any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.
When the USER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the USER.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s place of residence any dispute that may arise from the provision of the products or services covered by these Terms and Conditions.
If the USER resides outside of Spain, the SERVICE PROVIDER and the USER expressly waive any other jurisdiction and submit to the dispute resolution body that will act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) No. 524/2013, without the need to resort to the courts. For more information, please refer to clause “4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION” of these Terms and Conditions.