Terms & Conditions

1. GENERAL INFORMATION The ownership of this website www.thefoodco.es, (hereinafter Website) is held by: OVERSEAS IMPORTS, S.L., with NIF: B38437109 and registered in: Registro Mercantil Alicante; and whose registry details are: T 4188 , F 55, S 8, H A 163608, I/A 2 ( 4.02.19), and whose contact details are:

Address: C/ Isaac Peral, 26 - Polg. Ind. La Pedrera , 03720 Benissa (ALICANTE)

Contact telephone: (+34) 965734000

Contact email: customerservice@thefoodco.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.thefoodco.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity carried out by The Food Co. through the Website comprises:

Marketing and distribution of food products, from major brands that authorise us to do so and act as suppliers.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of The Food Co. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, If you do not agree to all of the above, you should not use this Web Site.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

To make use of this Website only to make enquiries and legally valid purchases or acquisitions.

Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.

Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. The Food Co. makes no representation that the Website complies with the laws of other countries, either in whole or in part. The Food Co. disclaims any liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.

The User will be able to formalise, at his/her choice, with The Food Co. the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE PROCESS Duly registered Users may purchase from the Website by the means and in the manner set out herein. They must follow the online purchase and/or acquisition procedure of www.thefoodco.es, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: ‘Checkout’.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the User will receive an e-mail confirming that The Food Co. has received their order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, where appropriate, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, via his or her personal connection space on the Website. The User may also, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from The Food Co. using the contact spaces on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the product and/or service on the page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in the computerised records of The Food Co. in order to constitute a means of proof of the transactions, in any case in compliance with reasonable security conditions and the applicable laws and regulations in force in this regard, and in particular in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users under this Website's privacy policy.

4. AVAILABILITY All purchase orders received by The Food Co. through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, The Food Co. undertakes to contact the User and refund any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.

Shipping costs are included in the final prices of the products as displayed on the Website. Thus, The Food Co. provides delivery and/or shipping services through: Nacex.

Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted means of payment will be: Credit or debit card

The User may also pay all or part of the purchase price with a gift card and/or a credit card issued by The Food Co. and/or OVERSEAS IMPORTS, S.L..

The Food Co. uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorisations by the issuing bank, if the issuing bank does not authorise payment, The Food Co. will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

Once The Food Co. receives the purchase order from the User through the Website, a pre-authorisation will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, place established.

If the means of payment is a gift card or credit card, the charge will be made when The Food Co. sends a confirmation of the purchase order or purchase of products and/or services to the User.

In any case, by clicking on ‘Pay’ the User confirms that the payment method used is his or her own, or that, where applicable, he or she is the legitimate holder of the gift card or subscription card.

6. DELIVERY In those cases in which it is necessary to physically deliver the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, for which it is responsible, The Food Co. is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery at the agreed time, he/she must contact The Food Co. to arrange delivery on another day.

If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to The Food Co., The Food Co. will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered to be terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when The Food Co. receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the complete receipt of the amount paid by The Food Co.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific article in question.

**7. TECHNICAL MEANS FOR CORRECTING ERRORS **.

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting The Food Co. through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on ‘Pay’, has access to the space, trolley or basket where his or her purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

Right of withdrawal. The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from the purchase within 14 calendar days without giving any reason.

This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Website of The Food Co. Website, or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the latter, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

To exercise this right of withdrawal, the User must notify The Food Co. of his decision. This can be done, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that The Food Co. makes available as an annexed part of these Conditions, however, its use is not obligatory.

To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In the event of withdrawal, The Food Co. will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which The Food Co. is informed of the User's decision to withdraw.

The Food Co. will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, The Food Co. may withhold this reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User can return or send the products to The Food Co. at: C/ Isaac Peral, 26 - Polg. Ind. La Pedrera , 03720 Benissa (ALICANTE).

And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which The Food Co. was informed of the decision to withdraw.

The User acknowledges being aware that he/she will have to bear the direct cost of returning (transport, delivery) the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by The Food Co. they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model withdrawal form: https://www.thefoodco.es/enquiries

**Return of defective products or delivery errors. These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact The Food Co. immediately and inform him/her of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.

Warranties. The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, The Food Co. being liable, therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by The Food Co. and possess the qualities presented therein; they are suitable for the uses for which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of it. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the three years following the delivery of the said products. In order to do so, the User must have retained all information in relation to the warranty of the products.

9. DISCLAIMER OF LIABILITY Unless otherwise provided by law, The Food Co. accepts no liability for the following losses, regardless of their origin: any losses which are not attributable to any breach by you; business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect losses which were not reasonably foreseeable by both parties at the time the contract of sale of the products was made between them.

The Food Co. also limits its liability in the following cases:

The Food Co. applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.

The Food Co. will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any others typical of the sector, resulting in delays, losses or theft of the product.

Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the website due to maintenance or other reasons, which prevents the availability of the service. The Food Co. puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.

The Food Co. cannot be held responsible for the misuse and/or wear and tear of products that have been used by the User. At the same time, The Food Co. cannot be held responsible for an incorrect return made by the User. It is the responsibility of the User to return the correct product.

In general, The Food Co. will not be responsible for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to: Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.

Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.

Inability to use public or private telecommunications systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended for the period during which the force majeure continues, and The Food Co. will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. The Food Co. will use all reasonable means to find a solution to enable it to fulfil its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES By using this Website, the User agrees that most communications with The Food Co. will be electronic (e-mail or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically by The Food Co. comply with legal requirements to be in writing. This condition shall not affect the User's statutory rights.

The User may send notifications and/or communicate with The Food Co. through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, The Food Co. may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER. No waiver by The Food Co. of any particular legal right or remedy or failure by The Food Co. to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of any contract or the Conditions or relieve the User from the performance of its obligations.

No waiver by The Food Co. of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to the User in writing.

**12. VOID **12. If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT These Conditions and any document expressly referred to in these Conditions constitute the entire agreement between the User and The Food Co. relating to the subject matter of the sale and purchase and supersede all prior agreements, understandings or promises made orally or in writing by the same parties.

The User and The Food Co. acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION The information or personal data that the User provides to The Food Co. in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between The Food Co. and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS Users may send The Food Co. their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, The Food Co. has official complaint forms available to consumers and users, which they can request from The Food Co. at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between The Food Co. and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.