General Terms and Conditions

General Terms and Conditions of Sale (“GTC”)

General Conditions of Purchase

1) General conditions

Any order of CHOCOLATES SOLÉ S.A products placed in our online store hosted at https://www.chocolatessole.com (hereinafter, the Online Store) shall be governed by the following GTC in the version in force at the time of the order. The placing of an order by the customer entails and expresses the express acceptance of all the GTC in the version in force at the time the order is placed. CHOCOLATES SOLÉ will not recognise any divergent contracting conditions put forward by the customer. Any questions or claims relating to these GTC or to orders placed in the Online Store may be submitted in writing to CHOCOLATES SOLÉ at the address C/ Edison 7-9, 08210 Barberà del Vallès, by means of the contact form available in the “contact” section, or by email to info@chocolatessole.com

2) Registration

The customer may register in the Online Store, although this is not necessary, or may place orders as a “guest”. For the proper execution and processing of the order, it is necessary to enter complete and correct data, which is kept on file by CHOCOLATES SOLÉ. By means of the password chosen at the time of registration, the customer may access and modify their data at any time. The data will be processed securely and confidentially, and in accordance with the provisions of section 11 of these GTC and with data protection regulations.

3) Offer and contracting

The description of our range in our Online Store does not constitute a binding offer. The customer may choose products from the CHOCOLATES SOLÉ online store range and add them to a shopping basket by pressing the “Buy” button. When the customer sends us an order by pressing the “Complete order” button, they are submitting a binding purchase offer for the products held in the shopping basket. Before completing the order, the customer may check and modify the quantity, the delivery address and the billing address at any time.

Once the order has been entered and payment received, CHOCOLATES SOLÉ will send the customer a confirmation email with the details of the contract concluded. In the event that, due to circumstances beyond CHOCOLATES SOLÉ’s control, the requested product cannot be delivered, CHOCOLATES SOLÉ will notify the customer of the cancellation of the order and will refund the payment made for it within approximately 10 days, without the customer being entitled to claim under any other heading. If the product is not available due to inventory issues, CHOCOLATES SOLÉ will contact the customer and offer the option of keeping the order until the product becomes available again, cancelling the order, or modifying it (offering a similar substitute product or one of a higher category at no additional cost), at the customer’s choice. Likewise, in the case of product bundles, if due to inventory issues one of the components of the bundle is not available, CHOCOLATES SOLÉ will inform the customer, offering a similar substitute product or one of a higher category at no additional cost to replace the unavailable product in the bundle; the customer may cancel the order, accept the modification of the bundle, or keep the order until the product becomes available again.

Likewise, where the customer is a registered user, they may view their order by accessing the “my account” section of the Online Store.

4) Prices

All prices of the products available in the Online Store include VAT. However, these prices do not include the costs related to the shipping of the products, which must be accepted by the Customer. Shipping costs are detailed in the “Delivery information” section.

5) Payment conditions

Payment is made by credit card. At the time the order is placed, the total price of the purchase is paid, including the costs related to shipping.

In the event that CHOCOLATES SOLÉ issues discount vouchers for use in the Online Store, the customer may use such vouchers in accordance with the conditions indicated by CHOCOLATES SOLÉ at the time of their issue. Where applicable, the customer may pay the price of the order with the discount voucher, in which case the amount thereof will be deducted from the price of the order. If the price of the order is lower than the discount voucher, the customer may pay the price with the voucher, but in that case CHOCOLATES SOLÉ will not refund the difference, nor may the discount voucher be used again for other purchases.

6) Deliveries: methods, delivery times and shipping costs

The products are delivered as shown in the online store, although we reserve the right to make minor differences in the packaging and form of presentation.

Purchases made on the CHOCOLATES SOLÉ website cannot be delivered to PO boxes; they will always be delivered either to addresses and to the person indicated at the time the product purchase is confirmed, or collected from CHOCOLATES SOLÉ, C/ Edison 7-9, Barberà del Vallès, during opening hours from 8:30 to 13:30.

CHOCOLATES SOLÉ is not responsible if delivery of the order cannot be completed as a result of the inaccuracy or falsity of the data provided by the user for that purpose, nor in the event that delivery cannot be made for reasons beyond the control of the shipping company assigned for that purpose, such as the absence of the recipient.

CHOCOLATES SOLÉ is not responsible for delays in the delivery of orders due to problems arising from the transport company, such as adverse weather conditions, strikes, or holiday periods or local public holidays.

The delivery time for an order should be estimated from 48 hours, depending on the day and time of confirmation. Deliveries will only be made from Tuesday to Friday, excluding public holidays. More specifically:

- For orders placed Monday to Thursday before 12:00, delivery will be from 48 hours.

- For orders placed Monday to Wednesday after 12:00, delivery will be from 48-72 hours.

- For orders placed on Thursday after 12:00, Friday, Saturday or Sunday, delivery will be from the following Wednesday.

- During the Christmas campaign, deliveries within 48-72 hours are not guaranteed due to possible saturation of the courier service.

- Deliveries to the Balearic Islands will have a delivery time of 48-72 hours, not including public holidays.

- No deliveries will be made to the Canary Islands, Portugal, Ceuta and Melilla.

Delivery times are maintained for orders collected from our premises. Shipping costs are €4.99 for the whole of mainland Spain (the Peninsula) and €9.49 for the Balearic Islands. There will be no additional transport costs for orders collected from our premises.

If at the time of delivery the customer is not at the address indicated, the carrier will contact them (by telephone, or will leave a note so that they can contact the transport agency). In this way, an attempt will be made to coordinate a second delivery the following day. At Chocolates Solé we have organised the delivery logistics so that the product travels in the best possible conditions, which is why it is important to receive the order on the first delivery attempt (24h), and we cannot be held responsible for the condition of the product more than two days after the scheduled delivery, without the customer being able to claim a refund of the purchase amount.

For any other setback that is not resolved in this section, or that the transport company is also unable to resolve, you can contact us at info@chocolatessole.com

7) Product in poor condition

We apply the highest quality to our products. Nevertheless, we ask the customer to compare and inspect the product upon receipt. In the case of possible obvious defects such as damage, breakage or deficiency, the customer must report the fact within a maximum period of 24 hours from delivery to the address indicated in section 1 of these GTC, that is, to CHOCOLATES SOLÉ S.A at the address C/ Edison 7-9, 08210 Barberà del Vallès (SPAIN), by means of the contact form available in the “contact” section, or by email to info@chocolatessole.com

If the product received is defective, CHOCOLATES SOLÉ will replace it, in accordance with the return procedure that CHOCOLATES SOLÉ indicates to the customer after receiving the corresponding notification of the defect.

8) Returns

Due to the nature of the product (perishable food product) and its conservation conditions, especially temperature, it is not possible to return the product. The cases provided for in the previous section, under the conditions set out therein, are excepted from the above.

9) Retention of title / reservation of ownership

The product delivered will be the property of CHOCOLATES SOLÉ until the full purchase price has been paid, in accordance with the provisions of section 6, “payment conditions”.

10) Use of registered data / Data protection

CHOCOLATES SOLÉ is aware of the importance of discreet handling and protection of the information that you transmit to us via the Internet, as set out in the LOPD, Organic Law 15/1999, of 13 December, on the Protection of Personal Data.

Data of third-party recipients of the products

In the event that you, the customer, provide us with personal data of another person in order to deliver the product purchased by the customer, CHOCOLATES SOLÉ will use such data solely for that purpose, complying with the legally established security measures to prevent unauthorised access to it. The data will be kept by CHOCOLATES SOLÉ for the period necessary to deliver the product and will be destroyed once the legal liability periods have elapsed. CHOCOLATES SOLÉ may carry out the physical delivery of the product purchased by the customer through a transport or shipping services company.

In compliance with the provisions of Organic Law 15/1999 on the Protection of Personal Data and with the LSSI 34/2002, we inform you that the personal data you voluntarily provide through this form will be transferred to the Centre from which you are requesting information so that it can inform you about the subject and content you have selected, as well as send you communications relating to other services of the centre that may be of interest to you, by email or by any other means.

In compliance with the LOPD 15/1999 and the LSSI 34/2002 regarding Information Society Services and Electronic Commerce, and the Protection of Personal Data, we inform you that you may revoke at any time, easily and free of charge, your consent to receive promotional messages.

To exercise the rights of access, rectification, cancellation or objection regarding your personal data, you may contact the Organisation Management - LOPD Officer, or via email at info@chocolatessole.com , duly proving your identity by means of a copy of your National Identity Document.

11) Disclaimer for external links

See the Legal Notice.

12) Intellectual and industrial property rights

See the Legal Notice.

13) Applicable law

These GTC shall be governed by Spanish law.