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General conditions

Introduction

This contractual document shall govern the General Terms and Conditions for Contracting our products (hereinafter, “Conditions”) through the website theblackturtle.es, owned by CUARTA PREGUNTA SL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as those laws that are in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • Has read, understands and comprehends what is set out herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein.

These conditions will be valid for an indefinite period of time and will be applicable to all purchases made through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible and aware of the legislation in force and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

This contractual document shall govern the General Terms and Conditions for Contracting our products (hereinafter, “Conditions”) through the website theblackturtle.es, owned by CUARTA PREGUNTA SL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

On the one hand, the PROVIDER of the products purchased by the USER is CUARTA PREGUNTA SL, with registered office at CL. PLAZA XÚQUER, 16 – BJO DCHA 46021 VALENCIA (Valencia) – SPAIN, NIF B98724412 and with customer service telephone number (USER) 963 953 968.

On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as the laws in force at the time of placing the order will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • Has read, understands and comprehends what is set out herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein.

These conditions will be valid for an indefinite period of time and will be applicable to all purchases made through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible and aware of the legislation in force and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Object of the contract

The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual sales relationship involves the delivery of our products in exchange for a specific price, which is publicly displayed on the website.

Contracting procedure

The USER, in order to access the products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, the user is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Sending orders.
  3. Right of withdrawal.
  4. Claims.
  5. Force majeure.
  6. General terms and conditions of the offer.
  7. Price and period of validity of the offer.
  8. Transport costs.
  9. Method of payment, costs and discounts.
  10. Purchasing process.
  11. Applicable guarantees.
  12. Warranties and returns.
  13. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. DISPATCH OF ORDERS

The PROVIDER will not ship any order or activate any service until it has verified that payment has been made.

The delivery of the products will usually be made by a delivery company, according to the destination freely designated by the USER.

Failure to execute the distance contract

Delivery times shall be understood to be approximate, and any delay shall not constitute a fundamental breach. In the event that the PROVIDER has not delivered the product 2 hours after the agreed delivery time, due to unavailability of the product or service, the USER shall be informed and shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

The PROVIDER shall not assume any responsibility when the delivery of the product does not take place, due to false, inaccurate or incomplete data provided by the USER.

Delivery will be considered to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the delivery receipt document.

It is the responsibility of the USER to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and/or claim for possible defects or flaws in the product or service, both online and offline.

The USER has a period of 24 hours from the date of receipt of the product to return it, given its perishable nature.

The right of withdrawal may not be applied in the following cases:

  • If, together with the claim, a photo/image of the product to be returned is not attached, as proof of its defect.

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to info@theblackturtle.es, indicating the corresponding invoice or order number.

4. CLAIMS

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made to the following contact addresses:

Postal: CUARTA PREGUNTA SL, CL. PLAZA XÚQUER, 16 – BJO DCHA 46021 VALENCIA (Valencia) – SPAIN Telephone: 963 953 968

Mail: info@theblackturtle.es

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

6. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of CUARTA PREGUNTA SL or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

7. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. Each delivery will have a shipping cost depending on the delivery address. This

This amount will be clearly shown at the moment of finalising the purchase, when indicating the exact location of the delivery.

The prices applicable to each product are those published on the website and will be expressed in EURO currency.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained whether or not products are available.

All payments made to the PROVIDER shall be subject to the issuance of a purchase ticket in the name of the registered USER or the company name provided by the USER at the time of placing the order. This ticket will be sent together with the purchased product.

For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number 963 953 968 or via e-mail at info@theblackturtle.es.

8. TRANSPORT COSTS

Prices do not include shipping costs.

The shipping costs will be calculated at the moment of saving the basket or just before making the payment, as they are calculated according to the delivery address.

The transport rate applied is as follows: (always taking as a reference of departure, the address of the centre where the order is placed)

from 0-1 km – 4,20€* (minimum amount for all home deliveries)*.

from 1-2 km – 5,20€* (minimum amount for all home deliveries)*.

2-4 km – €6,20

from 4-6 km – 7,20€.

6-8 km – 8,20€.

8-10 km – 9,20€.

9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER offers the following payment methods for the payment of an order:

  • Virtual TPV

Security measures

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data.

to the data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.

10. PURCHASING PROCESS

Any product from our catalogue can be added to the shopping cart. In the basket, only the products, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the steps below for its correct formalisation:

Selection of the products.

  1. Checking the invoicing details.
  2. Checking the delivery address.
  3. Placing the order (purchase and payment)

11. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise stated in their description.

12. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003, of 10 July, on Guarantees for the sale of consumer goods:

I) Conformity of the products with the contract.

1. Unless there is evidence to the contrary, it shall be understood that the products are in conformity with the contract provided that they meet all the requirements set out below, unless, due to the circumstances of the case, any of them are not applicable:

  • (a) they conform to the description and qualities stated by the supplier; and
  • b) They are suitable for the uses for which products of the same type are normally intended, in this case human food.

II) PROVIDER’s liability and USER’S rights

CUARTA PREGUNTA SL shall be liable to the USER for any lack of conformity at the time of delivery of the product. CUARTA PREGUNTA SL recognises the USER’s right to replacement and termination of the contract.

In accordance with article 6 of the Civil Code, any prior waiver of the USER’s rights or acts carried out in fraud will be null and void.

III) Replacement of products

1. If the product is not in conformity with the contract, the USER may choose between demanding a refund of the amounts paid or the replacement of the product, unless one of these options proves impossible or disproportionate. From the moment the USER informs CUARTA PREGUNTA SL of the option chosen, both parties shall abide by it. This decision of the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.

2. Any form of remedy that imposes costs on QUARTA QUESTION SL that are unreasonable in comparison with the alternative form of remedy, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.

IV) Rules for repair or replacement of the product

Replacement shall be subject to the following rules:

  • a) They shall be free of charge for the USER. This free of charge shall include the necessary costs incurred to remedy the non-conformity of the products, in particular shipping costs.
  • b) They shall be carried out within a reasonable period of time and without major inconvenience for the user, taking into account the nature of the products, which is human food.
  • c) If, once the product has been replaced, it is still not in conformity with the contract, the USER may demand a refund of the amount paid.

V) Deadlines

1. CUARTA PREGUNTA SL shall be liable for any non-conformity that becomes apparent within 24 hours of delivery.

2. Unless proven otherwise, delivery is understood to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.

3. The USER must inform CUARTA PREGUNTA SL of the lack of conformity within 24 hours of becoming aware of it.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the PROVIDER’s domicile any dispute that may arise from the provision of the products or services covered by these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of VALENCIA (Spain).