General terms and conditions of purchase

This contractual document governs the purchase of products and services through www.coasca.es, owned by COOPERATIVA AGRARIA SAGRADO CORAZÓN DE JESÚS, COOP. V., hereinafter the PROVIDER.

By accepting this document, the USER confirms that they have read and understood its contents, have sufficient legal capacity to enter into a contract, and accept all the obligations set out here.

These conditions remain valid indefinitely and apply to all purchases made through the PROVIDER’s website. The PROVIDER states that the business acts responsibly and is aware of the legislation in force in the countries to which it ships products. It reserves the right to amend these conditions unilaterally, without affecting goods or promotions purchased before the amendment.

Identity of the contracting parties

The supplier of the goods or services purchased by the USER is COOPERATIVA AGRARIA SAGRADO CORAZÓN DE JESÚS, COOP. V., registered address AVENIDA DE VALENCIA, 47 — 12410 ALTURA (CASTELLÓN), tax ID F12009213, customer service telephone 964146177.

The other party is the USER, registered on the website with a username and password, for whose use and safekeeping they are fully responsible. The USER is responsible for the accuracy of the personal data supplied to the PROVIDER.

Purpose of the contract

This contract governs the sales relationship arising between the PROVIDER and the USER when the USER ticks the relevant acceptance box during online checkout. This relationship involves supplying a specific product or service in exchange for a price publicly displayed on the website.

Purchase procedure

To access the products or services offered, the USER must register on the website by creating an account and freely and voluntarily providing the personal data requested. These data will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to processing personal data and their free movement, as detailed in this website’s Legal Notice and Privacy Policy.

The USER chooses a username and password and undertakes to use them diligently, keep them from third parties, and notify the PROVIDER of their loss or theft or of possible unauthorised access so that access can be blocked immediately.

Once the account is created, the purchase procedure follows the steps below, in accordance with article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE): general purchase terms; order dispatch; withdrawal rights; complaints; force majeure; competence; general offer conditions; price and validity; transport costs; payment methods, charges and discounts; purchasing process; applicable warranties; warranties and returns; applicable law and jurisdiction.

1. General purchase terms

Unless specifically agreed otherwise in writing, placing an order constitutes the USER’s acceptance of these legal conditions. No condition proposed by the USER may differ from the PROVIDER’s conditions unless expressly accepted in advance and in writing by the PROVIDER.

2. Order dispatch

The PROVIDER will not dispatch an order until payment has been verified. Goods are normally sent by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.) to the destination freely chosen by the USER.

Delivery dates and times are approximate; a delay will not constitute a fundamental breach. Delivery normally takes 2 to 5 working days, depending on the destination and payment method, once availability has been confirmed and full payment verified.

The PROVIDER accepts no liability if delivery cannot take place because information supplied by the USER is false, inaccurate or incomplete. Delivery is deemed completed when the carrier has made the goods available and the USER or their representative has signed the delivery receipt.

The USER must inspect the products on receipt and record any justified reservations or claims on the delivery receipt. Where no physical product is delivered because products are downloaded directly from the website, the PROVIDER will explain the download procedure to the USER in advance.

3. Right of withdrawal

The USER has the same rights and time limits for returns and claims concerning possible faults or defects in products or services, whether purchased online or offline.

The USER has fourteen calendar days from receipt to return a product (article 71 of Law 3/2014 of 27 March). Unless the return is due to a product defect, the USER bears the shipping costs. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal does not apply: if the product is not in perfect condition; if its packaging is not original or not in perfect condition; if an opened product cannot be shown to be unused; to software applications downloaded directly through the website; or to customised products or products excluded from this right for hygiene reasons or other statutory exceptions. Original packaging must protect the product so that it arrives in perfect condition; seals and adhesive tape must not be applied directly to it.

All returns must be notified to the PROVIDER by requesting a return merchandise authorisation (RMA) number using the RMA form provided or by emailing oficina@coasca.es, quoting the invoice or order number. Once the RMA number is received, the USER must send the product, at their expense, to COOPERATIVA AGRARIA SAGRADO CORAZÓN DE JESÚS, COOP. V., AVENIDA DE VALENCIA, 47 — 12410 ALTURA (CASTELLÓN), quoting that number on the shipping document.

4. Complaints

Any complaint the USER wishes to make will be dealt with as soon as possible. Contact: COOPERATIVA AGRARIA SAGRADO CORAZÓN DE JESÚS, COOP. V., AVENIDA DE VALENCIA, 47 — 12410 ALTURA (CASTELLÓN). Telephone: 964146177. Email: oficina@coasca.es.

Online Dispute Resolution

Under article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access online platform for resolving disputes between the USER and the PROVIDER without going to court, through a third party known as a dispute resolution body. This neutral body communicates with both parties to reach an agreement and may ultimately suggest and/or impose a solution.

ODR platform: http://ec.europa.eu/consumers/odr/

5. Force majeure

Neither party is liable for any failure caused by force majeure. Performance of the obligation is postponed until the force majeure event ends.

6. Competence

The USER may not assign, transfer or convey the rights, responsibilities and obligations arising from the sale. If any provision is held invalid or unenforceable, the validity, legality and enforceability of the remaining provisions remain unaffected and unaltered. The USER declares that they have read, understood and accepted these General Terms in full.

7. General offer conditions

All sales and deliveries by the PROVIDER are subject to these General Terms. No modification, alteration or agreement contrary to the commercial proposal of COOPERATIVA AGRARIA SAGRADO CORAZÓN DE JESÚS, COOP. V., or to these terms is effective unless expressly agreed in writing and signed by the PROVIDER; such specific agreements take precedence.

Given continuous technical progress and product improvements, the PROVIDER reserves the right to amend specifications compared with advertising information, provided that the value of the products offered is unaffected. Such amendments also apply if, for any reason, the ability to supply the products offered is affected.

8. Price and validity of the offer

Product prices include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, they exclude shipping, handling, wrapping, shipment insurance and any other additional services associated with the product or service purchased.

Applicable prices 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 purchasing, the USER can check all quotation details online: items, quantities, price, availability, transport costs, charges, discounts, taxes and total. Prices may change daily before the order is placed. Once placed, prices remain fixed whether or not the products are available.

Every payment to the PROVIDER results in an invoice issued to the registered USER or the business name provided when ordering. The invoice is sent with the purchased product to the email address supplied by the USER. For order information, contact customer service on 964146177 or email oficina@coasca.es.

9. Transport costs

Unless expressly agreed otherwise in writing, prices exclude shipping, communication, installation and additional service costs. Transport costs are calculated when the basket or quotation is saved, based on product weight and delivery address, and displayed in the basket before the order is confirmed.

10. Payment methods, charges and discounts

The PROVIDER offers these payment methods:

• Bank transfer: an email is sent with the transfer details. Goods are dispatched once payment is received. It may take up to 2 calendar days for the transfer to appear in our account.
• Cash on delivery: a collection fee of 3% applies, with a minimum of €3. This method is not accepted for payments over €200.
• Credit card: no discounts or additional charges apply. This payment method is currently awaiting activation and cannot yet be used.

11. Purchasing process

Basket (quotation simulation)

Any catalogue product can be added to the basket, which shows the items, quantities, prices and total. Once the basket is saved, taxes, charges and discounts are calculated according to the payment and delivery details entered. Baskets have no administrative binding effect; they merely allow a quotation to be simulated without commitment by either party.

To place an order from the basket: check billing details; check the shipping address; select the payment method; and place the order (purchase). Once processed, the system immediately emails the PROVIDER’s administration department.

Orders (purchase requests)

An email confirming the order status and dispatch date will be sent within a maximum of 24 hours on working days.

12. Applicable warranties

All products offered through the website are entirely original unless stated otherwise in their description. All have a two-year warranty, except food and perishable products, in accordance with the criteria and conditions in Royal Legislative Decree 1/2007 of 16 November approving the consolidated General Law for the Defence of Consumers and Users and other supplementary laws.

13. Warranties and returns

The warranties for products offered are governed by the following provisions, based on Law 23/2003 of 10 July on warranties in the sale of consumer goods.

I. Conformity of products with the contract

Unless proved otherwise, products are deemed to conform to the contract if they meet all the following requirements, except where a requirement does not apply in the circumstances:

1. They match the description made by COOPERATIVA AGRARIA SAGRADO CORAZÓN DE JESÚS, COOP. V.
2. They are fit for the purposes for which products of the same type are normally used.
3. They are fit for any specific use required by the customer and communicated to the PROVIDER when the contract was concluded, provided that the PROVIDER accepted that suitability.
4. They provide the quality and performance normally expected of products of the same type, taking account of their nature and, where applicable, descriptions of their specific characteristics made by the PROVIDER.
5. The PROVIDER describes product details, technical characteristics and photographs supplied by the manufacturer and is not bound by those public statements.

Non-conformity resulting from incorrect installation is treated as product non-conformity if installation formed part of the sale and was performed by the PROVIDER or under its responsibility, or was performed by the USER and the defect arose from incorrect installation instructions.

There is no liability for non-conformity known to the USER, or which the USER could not reasonably have failed to know about, when the contract was concluded, or originating in materials supplied by the USER.

II. Liability of the PROVIDER

The PROVIDER is liable to the USER for any non-conformity existing when the product is delivered and recognises the USER’s rights to repair, replacement, a price reduction and termination of the contract.

III. Repair and replacement

If a product does not conform to the contract, the USER may choose repair or replacement unless one option is impossible or disproportionate. Once the USER communicates their choice to the PROVIDER, both parties are bound by it. This is without prejudice to section IV below where repair or replacement fails to bring the product into conformity.

A remedy is disproportionate if it imposes unreasonable costs on the PROVIDER compared with the alternative, considering the value the product would have had without the non-conformity, the significance of the defect and whether the alternative could be provided without major inconvenience to the USER.

IV. Rules for repair or replacement

1. They are free of charge to the USER, including necessary costs of remedying non-conformity, particularly shipping, labour and materials.
2. They must be completed within a reasonable time and without major inconvenience, considering the nature of the products and their intended purpose.
3. Repair suspends the time limits in section VII from when the USER makes the product available to the PROVIDER until the repaired product is returned. During the following six months, the PROVIDER is liable for the non-conformity that led to the repair. Defects with the same origin as those initially reported are presumed to be the same non-conformity.
4. Replacement suspends the time limits in section VII from the exercise of that option until the new product is delivered. The second paragraph of section VII applies to the replacement product in all cases.
5. If the repaired product remains non-conforming after delivery, the USER may demand replacement within the limits of paragraph 2 of section IV, a price reduction or termination under section V.
6. If replacement does not bring the product into conformity, the USER may demand repair within the limits of paragraph 2 of section IV, a price reduction or termination under sections V and VI.
7. The USER may not demand replacement of non-fungible or second-hand products.

V. Price reduction and termination

The USER may choose a price reduction or termination where repair or replacement cannot be demanded or has not been completed within a reasonable time or without major inconvenience. Termination is not available for a minor non-conformity.

VI. Criteria for a price reduction

The reduction must be proportionate to the difference between the value the product would have had at delivery if conforming and the actual value of the product delivered.

VII. Time limits

The PROVIDER is liable for non-conformity appearing within two years of delivery. For second-hand products, the PROVIDER and USER may agree a shorter period, which cannot be less than one year from delivery.

Unless proved otherwise, non-conformity appearing within six months of delivery is presumed to have existed at delivery, except where this presumption is incompatible with the product’s nature or the nature of the non-conformity.

Unless proved otherwise, delivery is deemed to have occurred on the date shown on the invoice or purchase label, or on the delivery note if later. Claims to enforce the preceding provisions expire three years after product delivery.

The USER must inform the PROVIDER of non-conformity within two months of becoming aware of it. Unless proved otherwise, the USER’s notification is deemed to have been made within the prescribed period.

VIII. Claims against the producer

Where approaching the PROVIDER over non-conformity is impossible or imposes an excessive burden, the USER may claim directly against the producer for repair or replacement.

In general, and subject to the producer’s liability ending under the same time limits and conditions as the PROVIDER’s, the producer is liable for non-conformity relating to the products’ origin, identity or suitability, according to their nature, purpose and applicable rules.

“Producer” means the manufacturer, importer into the European Union, or anyone presenting themselves as such by placing their name, trademark or other distinguishing sign on the product. Anyone who has provided a remedy to the USER has one year, from completion of that remedy, to seek recovery from the party responsible for the non-conformity.

14. Applicable law and jurisdiction

Where not expressly provided otherwise, these conditions are governed by and interpreted under Spanish law. The PROVIDER and USER agree that disputes arising from the products or services covered by these conditions will be submitted to the courts of the USER’s place of residence.

If the USER resides outside Spain, both parties expressly waive any other jurisdiction and submit to the courts nearest to ALTURA (Spain).