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SELLER Holder: SEMPER COMPANY TEA & MORE S.L. Web portal: www.sempertea.es (“www.sempertea.es”, “SEMPER TEA”, or the “Portal”) CIF: B-90320193 Registered office: P La Red Norte C/ 6 Parc 54 N 20, C.P. 41500 Alcalá de Guadaíra, Sevilla, Spain. Email: info(@)semper-tea.com Phone number: (+34) 619 809 115
BUYER The User who registers by entering his or her personal data on the order form, after accepting these General Conditions of Sale Online (hereinafter referred to as the “GCVO”), is also identified as the “Buyer”.
Likewise, in order to use this online shopping service, the User must be of legal age in accordance with Spanish law.
Thus, the parties (Seller and Buyer) expressly accept, without any reservation whatsoever, the provisions of these GTCVO. In the event that the Buyer does not agree with them, he should simply abandon the purchase process provided for in this Portal, as well as to leave the website www.sempertea.eu if he does not agree with his GCVO.
The present CGVO have been drawn up in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, General Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 59/2003 of 19 December, on electronic signatures. Law 56/2007 of 28 December, on Measures to Promote the Information Society, RDL 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, Law 3/2014 of 27 March, which amends the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November -EDL 2014/35453-, adapts Spanish legislation to the provisions of Directive 2011/83/EU, of 25 October, on consumer rights, which repeals Directives 85/577/EEC and 97/7 -EDL 2011/260927-, and other complementary laws and any other legal provisions that may be applicable.
The use and/or purchase of any of the products on www.sempertea.eu, implies acceptance as a user, without reservations of any kind, of each and every one of the CGVO, of the General Conditions of Use of the Portal (Legal Notice and Privacy Policy, as well as Cookies Policy), in addition to those Special Conditions that, where appropriate, govern the purchase.
These GGVO shall apply to orders of products placed within Spain. You should first contact SEMPER TEA by e-mail info(@)sempertea.eu, if you want to purchase our products outside the Spanish territory, so that we can provide you with the specific conditions of sale for each country in question.
SEMPER TEA reserves the right to carry out modifications and/or updates of the present conditions, of which the User will be previously informed for his acceptance or rejection in case of being substantial.
Once the User has ticked the corresponding box in the process, he/she will expressly accept these Terms and Conditions, both parties declaring and acknowledging their legal capacity to act, that the User is of legal age (i.e. has reached the age of 18), and that he/she has previously read and understood the contents of these Terms and Conditions.
All communications with the User by SEMPER TEA, will be made, generally, electronically.
The User can access www.sempertea.eu, its Legal Notice and Privacy Policy, Cookies Policy and the entire purchasing process provided for in these CGVO in Spanish, without prejudice to any updates or modifications that may be made in the future.
Therefore, the details of the products offered on this Portal will also be in Spanish, as well as the delivery note.
The Portal www.sempertea.eu offers its Users this Online Sales service, from which they can purchase infusions of the leaves and buds of the tea plant in its different varieties and formats available on the web.
In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), contracts concluded electronically will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are met.
In any case, the electronic medium on which these GTVOs concluded by electronic means are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it shall be understood that the completion of all the phases of the registration process and, if applicable, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for contracting.
In accordance with the provisions of article 27 LSSI, the content of the present CGVO implies the provision to Users, prior to the start of the contracting procedure, of all the information relating to the same, which will only be applicable in the event that the User decides to proceed with the contracting through www.sempertea.eu.
Likewise, for all purposes, the contract of sale shall be deemed to be completed when the product actually purchased is delivered to the User at the address selected by him/her.
The User may register in the online shop of www.sempertea.eu during the purchase process. To do so, the user will need to enter the personal data required as compulsory. Registering as a user of the shop will give you access to the website and to the purchase of products.
The user shall select a user name and password, undertaking to make diligent use of the same, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or of possible access by an unauthorised third party, in such a way that the latter may proceed to block them immediately. The user is fully responsible for its use and custody, being responsible for the veracity of the personal data provided to the provider.
The user may not choose as a user name words whose purpose is to confuse others by identifying him/her as an integral member of the provider, as well as offensive, insulting expressions and, in general, expressions contrary to the law or to the requirements of morality and good customs.
7.1. Prices
The price of the products marketed is indicated next to the descriptive card of each one of them, being used in all cases the official currency Euro (€).
7.2. Methods of payment
You must pay by one of the methods of payment described below, as indicated. SEMPER TEA will issue the corresponding invoice, which will be provided at the time of purchasing the products. All payments shall be made in Euros.
The payment of the price of the goods purchased and the shipping costs shall be made in accordance with the means of payment indicated at any given time on the Portal. We guarantee that every transaction is 100% safe and secure. All operations involving the transmission of personal or banking data are carried out using a secure environment. At SEMPER TEA we use a server based on the standard security technology SSL (Secure Socked Layer). All information you transmit to us travels encrypted through the network.
Accepted forms of payment are:
To make the payment you will need to provide us with your card number, the expiry date and the security code CVV2 or CVC2. In this case, your data will be encrypted and sent under a secure server to the virtual POS of the Bank or Financial Institution. All information you transmit to us travels encrypted through the network. Likewise, your credit card details are not recorded in any database, but go directly to the bank’s POS (Point of Sale Terminal). We would also like to inform you that, in an effort to provide greater security for credit card holders, we have incorporated the secure payment system called CES (Secure Electronic Commerce) into our payment gateway.
7.3. Prices and product availability
You can purchase any of the products that SEMPER TEA offers for sale on the Portal.
SEMPER TEA will make its best efforts to have available at all times the products offered for sale; however, SEMPER TEA can not guarantee that the product you want to buy will be available at the time you place your order, so SEMPER TEA will inform you about the availability of the desired product at the time of placing your order.
If we run out of stock of a product ordered, the customer’s order will be cancelled with prior notice (except in cases where it is impossible to contact the customer) and a product with similar characteristics will be offered, in which case you may either modify your initial order or accept or reject our proposal.
References to SEMPER TEA products on any linked site do not imply that such product is available for sale through that Web Site. Such references shall in no way be construed as an offer of sale by SEMPER TEA.
The prices of the products will be those shown on the Website at the time you place your order. SEMPER TEA reserves the right to modify at any time the prices of its products, in which case the new prices will be immediately applicable to new orders that you place, as well as to the modifications that you request in relation to previous orders, it being understood in any case that price changes will not apply to orders already placed by you that are in the process of delivery.
7.4. Taxes
The corresponding VAT rate is included in the prices of the products.
The prices indicated include VAT, although they will be subject to any applicable taxes, according to the information provided by the user, and will at all times be the prices in force, except in the case of typographical errors.
SEMPER TEA reserves the right to modify without prior notice the products contained in and offered through www.sempertea.eu, whereby new products may be added or discontinued without prior notice.
7.5. Shipping costs
Shipments are always managed by SEMPER TEA. Depending on the total price to be paid for the products purchased and/or the delivery address, it will be added to the total amount if applicable, or it will be detailed if it is free of charge, by means of an automatic process that will be displayed before the end of the purchase process.
8.1. General information.
We personally manage the shipment of orders within the national territory. For other destinations, the buyer must contact us directly for handling and shipping. The products purchased by the buyer will be sent by a transport company. Any order will be immediately processed and prepared, and any extension of the order will be considered as a new order. Cualquier pedido será inmediatamente procesado y preparado, por lo que cualquier ampliación del mismo se considerará como un nuevo pedido. Delivery will be made to the address indicated by the customer within 24/48 hours for the peninsula and 5 to 10 days for other destinations (depending on the product, destination and availability in stock), except in the case of possible stock-outs, possible incidents with transport and articles with special delivery times.
If these deadlines cannot be met, they shall be in accordance with the legislation in force in accordance with clause 8.3. In the event of delays, they shall not give rise to compensation to the customer. If a product is out of stock, the shipment of the order may be delayed, the customer will be duly notified in these cases. If the customer is absent from the address indicated, a second attempt will be made, and if the customer is absent again, the package must be collected from the transport agency indicated. It is important to check the goods as soon as they are received, as any anomaly or defect must be reported within 24 hours of receipt of the goods for transport insurance purposes. SEMPER TEA does not assume any responsibility when the delivery cannot be carried out as a consequence of the data provided being inaccurate or incomplete or when the delivery cannot be carried out due to the absence of the addressee.
8.2. Shipping costs.
For reasons of promotion, customer loyalty or SEMPER TEA’s decision, it is possible that in certain orders shipping costs of any kind are not applied. Otherwise, the following shall apply: – Peninsula: For orders over 90€ no shipping costs will be applied. Otherwise, each unit order will have an associated handling and shipping cost of 7€. – Other destinations: You will need to contact us directly for product management and shipments.
8.3. Delivery deadlines.
Any order that has been placed, whose availability and payment is confirmed, is prepared during the next working day, and will then be sent by courier, unless the product has another delivery time indicated. Saturdays, Sundays and public holidays are not included in the calculation of delivery times. The maximum delivery time will always be less than 30 days in accordance with current legislation.
8.4. Reasons for cancellation.
The order will be cancelled and returned to our facilities in any of the following cases: • Delivery is not possible when delivery is attempted three times. • It has not been possible to contact the customer within 8 working days after the first unsuccessful delivery attempt. • Orders paid for by credit card or bank transfer and returned after more than three delivery attempts by the transport agency will be refunded, except for transport costs.
9.1. Legal Guarantee
SEMPER TEA declares that the products it sells have the maximum quality guarantee corresponding to its certification, as well as having its legally recognised guarantee periods.
The products purchased on the Portal always have information at least in Spanish, and a customer service in Spain. For more information, please contact us by phone at 619 809 115 or by e-mail at info(@)sempertea.eu.
In the event that the marketed product shows any damage, please contact immediately the SEMPER TEA customer service via e-mail info(@)sempertea.eu, where we will indicate the procedure for returning the product. Once the defects have been verified, all monies paid will be refunded. The return of the products shall in no case entail a direct cost for the User.
When a product is not in conformity, the User may choose between replacement or repair of the product, without the User being charged for the costs involved.
To register the complaint and start with the processing of the incident, the User must write an email to info(@)sempertea.eu indicating the facts and will be provided with the necessary instructions to meet your request.
9.2. Right of withdrawal
In accordance with the provisions 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, Users are hereby informed of the following aspects:
The customer shall have a period of 14 calendar days to terminate the sale and purchase, provided that the nature of the goods purchased so permits. This period shall be calculated from the date of receipt by the customer of the purchased goods.
It is understood that the customer has known the right of withdrawal from the moment of entering the Online Store, which requires the reading and acceptance of these CGVO, and in any case from the moment the order is placed. This right of withdrawal shall not apply to personalised products or products which, for reasons of hygiene or other legally stipulated exceptions, are not subject to withdrawal.
Returns of orders should be sent to the address provided by us after contacting SEMPER TEA. Simply send us an email to info(@)sempertea.eu indicating your Name, Address, Telephone number, ID number and the product you wish to return. You can also call us on 619 809 115 and we will get in touch with you to arrange a collection date.
The collection of the product will be managed by SEMPER TEA and the direct expenses derived from this return will be assumed by the customer as additional costs and expenses. However, in case of breakage or defects of the product, as long as they are reflected in the delivery note, they will be assumed by SEMPER TEA.
In order to make a return, the following must be taken into account:
All returns must be previously authorised by SEMPER TEA. To do so, please send us an email stating the reasons for the return and we will send you an authorisation code to be included on the package as soon as possible. Once we have received the package, we will confirm by email whether the return has been accepted or rejected.
The refund of the purchase will be made, in any case, on receipt of the articles at SEMPER TEA. After checking the condition of the goods, which must be unused and in their original packaging, we will proceed to refund the amount (shipping costs not included) through a bank transfer to the account previously indicated.
In the event that the returned item is not in the aforementioned condition, i.e. it has been used in a way that does not correspond to its normal use, it will be returned to the customer, and the corresponding shipping costs will be charged to the customer.
SEMPER TEA guarantees the privacy and confidentiality of the personal data of its users collected through any system that allows the transmission of the same.
SEMPER TEA will comply with the legislation that is currently in force in this area, currently, the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (“LOPD”), as well as 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 (“GDPR”). You can obtain complete information on uses and rights in the “Privacy Policy and Legal Notice” section of our website.
We will not use the data of our buyers, including but not limited to their name and surname, address, telephone number and e-mail address, other than to process their purchase. We may also inform you about news, if you wish, which are related to our products and company.
SEMPER TEA is obliged to ensure that the contents, data or information regarding the products or services offered on its website are reliable, truthful and accurate, being responsible for the prices and characteristics advertised. However, SEMPER TEA shall not be held responsible for any information that has been introduced, displayed or modified by third parties outside SEMPER TEA.
SEMPER TEA reserves the right to cancel the account of the User or registered customer, and may proceed to the termination of this contract. Cancellation as a User and/or as a customer may be effected in the event of any breach of any of the contractual obligations contracted herein, as well as in the event of any use of the website and/or account contrary to the general terms of use, the privacy policy of the website and the accepted uses of good faith in the sector.
The parties undertake to comply with their legal and contractual obligations under these GTVO. If one party fails to perform any of its obligations, or hinders the other party’s performance of its obligations, the other party shall be entitled to claim damages for both consequential damages and loss of profit.
The parties shall be liable for their personal breaches, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and against any damage resulting from such breaches or errors attributable to the other party to the contract.
In any case, SEMPER TEA will not be responsible in case of unavailability of the product or impossibility of delivery due to force majeure, theft or loss of coupons or error in the order or data provided by the user. However, in such cases, SEMPER TEA will immediately contact the User in order to find the best possible solution to such a situation.
SEMPER TEA will use all commercially and technically available efforts to keep its services available through the website, which is an obligation that, however, shall not apply to any lack of availability or performance caused by:
Temporary inactivity of the website due to updating and / or technical maintenance, which will be reported by e-mail within a maximum period of 48 hours, provided that they are known or communicated to SEMPER TEA with a period of notice exceeding the indicated;
Causes beyond the control of SEMPER TEA: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the website, actions or omissions of third parties.
In all cases referred to, outside the control and due diligence by the owner, will not generate SEMPER TEA compensation to the user of any kind.
In the event of closure or suspension of the website for reasons beyond the control of the parties, the User will be promptly informed of the transfer of the service to a new domain, with only the stipulations of this contract being modified with regard to the domain in which the platform remains active.
All clauses or terms of this contract must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision.
In such an event, the parties undertake to replace the clause or clauses concerned by one or more other clauses that preserve the intended effects.
In the event of any conflict or disagreement between the parties, which may arise in relation to the service provided through this Portal, as well as in relation to the interpretation of these GTVO and/or any of the provisions contained herein, the parties expressly agree to try to reach an amicable solution with a firm spirit of resolution and always in the interests of good faith, including, if this is the will of the parties, the use of an extrajudicial conflict procedure in accordance with the legislation in force.
However, if this is not possible, and provided that consumer legislation so permits, the parties expressly agree to submit to the Courts and Tribunals of the City of Seville, as well as to the Spanish national legislation in force at the time of the dispute.
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