Terms of Sale

Purchases made in the HIPERCHEF online shop are subject to the terms of sale defined below, whereby all sales shall be governed in accordance with the Spanish legislation in force on this matter. These terms are expressed as clearly as we have been able, so that every user is aware of their rights and obligations, so as to foster cordiality in the commercial relations between HIPERCHEF and its customers, and to meet their expectations.

I. PRICE LIST:

All our prices include VAT and are valid only for the Iberian Peninsula and the Balearic Islands. The prices shown include the Spanish VAT applicable to distance selling from Spain; for deliveries to other European Union countries the same final price applies. On orders from businesses with a valid intra-Community VAT number (NIF-IVA), the sale is invoiced without VAT under the intra-Community regime. Prices do not include delivery or handling charges. The prices published on Hiperchef.com are exclusive to online sales and need not correspond to the prices in the physical shops. Prices are valid, save error or omission, for payments by bank transfer, deposit into account, credit card and cash on delivery. HIPERCHEF.COM reserves the right to update its price list daily, and the valid price of each product shall be the one stipulated and accepted at the time the payment is processed, save error or omission.

Any promotional discounts or gifts shall be freely directed by HIPERCHEF.COM to the groups designated at any given time by HIPERCHEF.COM, or according to the product on offer, in line with the advertising in place at any given time on its website or newsletters.

For international deliveries outside the EU (exports), the product price list differs from the prices published for the Peninsula and the Balearic Islands.

II. METHODS OF PAYMENT

HIPERCHEF.COM freely places at your disposal the methods of payment detailed below. In all of them we have applied our efforts with your security and the privacy of your data in mind, as well as everything relating to making the payment easier for you. Please note that some methods of payment, such as PayPal or cash on delivery, may incur service charges.

III. PRODUCT AVAILABILITY:

HIPERCHEF.COM guarantees availability for immediate delivery with a reliability close to 70% of the catalogue, save for occasional stock shortages or professional machinery that is dispatched directly from the factory.

Should the item be unavailable for reasons beyond our control, such as: a discontinued product, a stock shortage on the part of the manufacturer or warehouse, or other unforeseen events, our sales department would contact you in order to offer you the best solution (replacing the product with another or refunding your money).

Some products are only supplied to order. On the technical specification of each product we indicate an estimate of the days needed to prepare made-to-order products, which is usually around 2/4 working days.

IV. DELIVERY TIMES, DISPATCH AND CARRIAGE:

Once payment has been verified, HIPERCHEF.COM will prepare your order within the following 24h – 48h working hours, except for products for which a specific availability period is stated. When the order is ready we will send a confirmation email so you can collect it and, where necessary, we will notify the courier company for collection, or it will be handed to Correos.

The delivery times (estimates) are divided into 3 stages: the product availability time, the parcel preparation time, and the transit or dispatch time.

1-The availability time; This is indicated on the website, in the technical specification of all our products. Most of them we keep in stock and there is no availability time because they are ready for immediate dispatch. However, there are products that, for various reasons, we only handle to order, for which we indicate the estimated time they take to reach us.

2-The preparation time; This is the time we take to prepare the parcel for dispatch once the product is available, normally the same working day.

3-The transit time; This is selected by the customer during the purchase process under "delivery methods". For the Peninsula there are normally two options: delivery within 24 working hours, or in some cases free delivery within 72 working hours. Please bear in mind that courier companies may occasionally have incidents that delay these times.

Examples:

A) The purchase on a Saturday of an in-stock product with 24H delivery service. It is prepared and dispatched the following working day, Monday, and delivered on Tuesday.

B) The purchase on a Tuesday morning of an in-stock product with 24H delivery service. It is prepared and dispatched that same Tuesday, and delivered on Wednesday.

C) The purchase on a Monday of a product with 2 days' availability and 24H delivery. The product is requested from the manufacturer on Tuesday, we receive it 2 days later, Thursday, it is prepared and dispatched that same Thursday, and delivered on Friday.

All the times indicated are estimates. Since every product, until received by the customer, has passed through many companies and hands; manufacturer--> carrier--> warehouse--> carrier--> customer, it is completely impossible to guarantee 100% the time estimates indicated; nevertheless the estimates are as realistic as possible and we work continuously so that they are met on 99% of occasions.

HIPERCHEF.COM does not make a profit on delivery costs, and we offer delivery as a service distinct from the purchase. The customer understands and accepts that, for all purposes, the purchase is made at the registered tax address of HIPERCHEF.COM

All collections of goods from the customer's address that are not due to reasons attributable to HIPERCHEF will carry a supplement of €2.50 + VAT in addition to the transport cost.

HIPERCHEF.COM is not responsible for any errors the customer may make when providing the delivery address or contact telephone number, so we recommend that you fill in the registration form carefully.

When the goods leave our central warehouse, we will send you an email with the dispatch information.

IMPORTANT!
In order to handle any incident, it is important that you follow these instructions:
- On receipt of the order and before the delivery driver leaves, check that the original external seals have not been tampered with and that the parcel shows no knocks or damage.
- Should you notice any anomaly, note it in the ‘observations’ section of the delivery note for future claims. And if the anomaly is very serious, we recommend you refuse the delivery and get in touch with us.
- Once you have received the parcel, open it and check all the products.
- If a product has arrived in poor condition, please send us a photograph of the damaged product, as well as of the damage to the parcel and the protective material, within 24H of receiving the parcel, so that we can begin the claim with the transport insurance.
Any damage claim not made within 24 hours of receiving the order will be rejected by the insurer, and therefore at HIPERCHEF we cannot be held responsible for such damage.

• FREE DELIVERY:

HIPERCHEF.COM promotes free carriage within mainland national territory, for orders with a value over €80.00 in products, VAT included, except for made-to-measure professional products that require special transport and which we will indicate on the product page. To take advantage of this promotion, the customer accepts the following conditions:

1. This promotion applies to orders with a value over €80.00 and with a destination in mainland national territory.
2. HIPERCHEF.COM reserves the right to choose the delivery method it deems necessary at any given time.
3. Deliveries will not be urgent; delivery times usually range between 48 and 72 working hours. For urgent deliveries you can request them by email; they are subject to the conditions described in this document and to the usual transport prices.
4. In the event of a return of the order, the customer bears the return carriage and any carriage previously incurred in dispatching the order.
5. HIPERCHEF.COM reserves the right to end this promotion whenever it sees fit.

• DELIVERIES BY PARCEL COURIER, URGENT 24H:

For urgent deliveries by courier company (this is the usual method), you should receive the order at the address provided within an average of 24 working hours once the order has left our premises. If after 24h you have not received the goods, please get in touch with us by sending an email.

Please bear in mind that this is the parcel's transit time; these 24 hours do not include the handling and preparation time of the order. Normally, save an occasional stock shortage, orders placed Monday to Friday in the morning will be delivered the next working day, and orders placed in the afternoons or on public holidays will require one additional working day.

These estimates do not include Saturdays, Sundays and national or local public holidays, on which there is no transit and the parcel will be held in storage by the courier company.

HIPERCHEF.COM is not responsible for possible delivery delays caused by the courier company. If you need to receive the product on a specific date, please get in touch with us before making the purchase to check whether this is feasible.

• DELIVERIES BY PARCEL COURIER, 48 TO 72H:

For deliveries by this method you should receive the order at the address provided within an average of 48 hours. If after 72h you have not received the goods, please get in touch with us by sending an email, or by calling our contact telephone number.

• • • DELIVERIES BY FREIGHT CARRIER, FOR LARGE VOLUMES:

For deliveries by this method you should receive the order at the address provided within an average of 48 to 96 hours. This type of goods travels palletised and is delivered kerbside. This type of company does not provide a tracking number for the delivery. If after 96h you have not received the goods, please get in touch with us.

• • • DELIVERIES VIA CORREOS SERVICES:

HIPERCHEF.COM reserves the right to dispatch via “Correo Postal” or the “Paquetería Azul” service (Correos y Telégrafos de España, the Spanish postal service) in very specific or exceptional cases. In this case the delivery time cannot be specified, and may vary from 72h to more than a week. Correos does not allow parcels of more than 100 cm on any one side, so if this is the case, we will get in touch with you to choose another delivery method or cancel the order and refund the amount paid.

• • • DELIVERIES TO THE CANARY ISLANDS:

All purchases with a destination in the Canary Islands must be paid through the specific payment option for the Canary Islands, and will be dispatched and managed by a Canary Islands company.

• • • DELIVERIES TO CEUTA AND MELILLA:

We currently do not deliver to Ceuta or Melilla.

• • • INTERNATIONAL DELIVERIES OUTSIDE THE E.U.:

For exports outside the E.U., the product price list before tax is equivalent to the national price list with taxes included.

Given the complexity, and the special attention that this type of delivery requires, please bear in mind the following points:

- At the customs of the destination country, duties, taxes or fees may be charged. These costs must be paid by the recipient. It is advisable that you find out in your country about this type of cost and regulations before making the purchase. Responsibility for the parcel being held by the customs of the destination country lies with the recipient.

- Every export involves a Spanish customs procedure (DUA, the Single Administrative Document), which will carry a cost of €24 regardless of the order cost and the delivery cost.

- The transit time depends on the distance, but is usually around 4/14 days; nevertheless the customs of the destination country, which normally clears parcels in less than 48 hours, may hold parcels for longer, without us or the courier company being able to do anything about it.

- Most of the products we sell only have technical service in Spain, so should you wish to make use of the guarantee, the transport costs to Spain and back to your country are borne by the customer.

- All the electrical appliances we sell operate at 220/240V and have a European plug.

• • • DELIVERY COSTS:

The delivery cost will be the one indicated to and accepted by you before completing the purchase process.

The information in section IV of the General Terms of Sale is for information purposes and does not correspond to any contractual commitment.

V. RETURNS, SATISFACTION GUARANTEE, AND RIGHT OF WITHDRAWAL:

Download the withdrawal form.

The non-professional final consumer and user has a return period of 14 days, as provided by law, without having to justify the reason for their return, being refunded the amount paid for the product.

HIPERCHEF.COM extends this period for the non-professional final consumer and user up to 30 days, in which case they will receive a purchase voucher that may be used in our online shop within 3 months.

To make the return effective, and to avoid misunderstandings, please read the following points carefully;

V.I. Every product to be returned must be in perfect condition and unused, within its original packaging, and complete (manuals, cables, accessories, bags, cardboard, etc.). Once you have verified these requirements, we recommend protecting the original packaging so that it is not damaged during transport, re-packaging it if necessary; any problem or breakage during transport is the sender's responsibility, so we recommend you consider insuring the shipment.

V.II. Any product that does not meet the requirements of point V.I. will not be accepted for return.

V.III. Sales to professionals and/or products and material for professional use are not subject to the Ley de Garantías en la Venta de Bienes de Consumo (Consumer Goods Sales Guarantees Act), and no returns will be accepted.

Consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios (General Act for the Protection of Consumers and Users):

Article 3. General concept of consumer and user.

For the purposes of this rule and without prejudice to the provisions expressly set out in its third and fourth books, consumers or users are natural persons who act for a purpose unrelated to their commercial, business, trade or professional activity.
Also consumers for the purposes of this rule are legal persons and entities without legal personality that act on a non-profit basis in a field unrelated to a commercial or business activity.»

Two. Article 4 is amended, reading as follows:

«Article 4. Concept of trader.

For the purposes of the provisions of this rule, a trader is considered to be any natural or legal person, whether private or public, who acts directly or through another person in their name or following their instructions, for a purpose related to their commercial, business, trade or professional activity.»

The right of withdrawal is exclusive to consumers and users.

V.IV. For products made expressly to order, personalised or modified products, orders of large quantities, or which, by their nature, cannot be returned or may deteriorate or expire, and products liable to copying (books, CDs, video courses, magazines), no returns will be accepted.

V.V. The dates and periods count from the day you receive the order, to the day you notify us in writing, by letter or email, of your intention to make the exchange or return. Once notified, you have 14 calendar days to get the product to us.

V.VI. Delivery charges are non-refundable. Where the product benefited from any free delivery promotion, these delivery charges will be deducted from the refund amount for the product. The charges/commissions incurred by the payment method chosen by the customer will not be refunded.

V.VII. The return delivery costs (transport charges), and those arising from the return, will be borne by the customer. The customer will arrange the collection, choosing the courier company they see fit. Any goods sent carriage forward will be refused and returned to origin with no right to claim. We do not collect parcels from drop-off points, post offices, etc. The parcel must be handed to our staff at our premises.

V.VIII. In order to make a return you must first request a Return Authorisation number. You must note the number provided on the shipping label, in order to avoid delays owing to lack of identification of the return. Together with the Return Authorisation number we will give you the address of our Central Warehouse, the place to which you must send the parcel.

V.IX. HIPERCHEF.COM will only bear the costs of the return and the subsequent shipment if we had delivered a wrong product, or one defective on the manufacturer's part. In this case, HIPERCHEF.COM will arrange the collection and choose the courier company, once a collection date and time is agreed with the customer.

V.X. In the event of a partial or total return of the order, your money will be refunded once we have received and inspected the product. The money will be returned by the same means used to make the payment, or by bank transfer to the bank account you indicate to us, within 14 calendar days.

V.XI. Hiperchef is not responsible for products that do not meet the return conditions. If the product reaches us damaged, has been used, or for any other reason that breaches the return conditions, it will be held in storage at our premises for a period of 30 calendar days, until the customer collects the product or pays the cost of delivery and handling. Once this period has elapsed the product will be disposed of, with no right to claim.

By purchasing the product, the customer acknowledges and accepts the return conditions.

For any acts giving rise to a dispute, the parties expressly submit, waiving any other jurisdiction, to the arbitration, courts and tribunals of the city of Valencia.

(Distance selling is regulated by art. 44 of the Ley 7/1996 de Ordenación del Comercio Minorista (Retail Trade Regulation Act) as amended by Ley 3/2014 pursuant to European Directive 2011/83/EU).

VI. GUARANTEE:

As a general rule, all products of a durable nature carry a legal guarantee of 3 years for the user (final consumer), except in sales to professionals, where the guarantee is 1 year. To resolve any problem, the order delivery note or the invoice will be required, documents that show the date of purchase of the product.

Manufacturers may offer additional guarantees, whose scope and duration differ according to the products and brands. Such guarantees shall be exclusively the responsibility of the manufacturer that binds itself to them.

HIPERCHEF.COM will not be liable for possible damage that may result from misuse, non-professional handling or installation, or malfunction such as a short circuit. The guarantee will not be valid in the event of factors external to normal use of the product, such as power surges or drops, use of accessories that are unsuitable or prohibited by the manufacturers, drops, water, fire, or incorrect or abusive handling by the customer or by third parties not authorised by the manufacturers.

The guarantee period will begin on the same day of delivery, by virtue of the aforementioned article 123 of the Real Decreto Legislativo (Royal Legislative Decree).

In the event of repairs of products, the customer must go exclusively to the official technical services (recognised and licensed by the manufacturers). It is recommended to go to the SATs (Servicio de Asistencia Técnica, official technical support services) to speed up repair procedures.

Notwithstanding the remedy regime described above, and even in the event of full conformity of the goods, the customer may withdraw from their order and return it within 14 days, as indicated in the corresponding sections.

In the event of faults or malfunction of any of the products we sell, we ask you to get in touch with us by email or on the customer service telephone: +0034 668 88 94 95. Telephone support is provided in Spanish only. For enquiries in other languages, please email us and we will reply in your language. We will analyse your case and seek the best solution depending on the policy or procedures required by each manufacturer.

(In accordance with Ley 23/2003 of 10 July, the Consumer Goods Sales Guarantees Act)

Last modifications:

3 September 2019 (payment methods; Aplazame)

7 May 2018 (payment methods; PayPal)

7 September 2018 (delivery times)

I.-Purpose, object and scope of application

These stipulations govern the contracting of the products and services offered and the advertising directed at its customers/users by HIPERCHEF.COM, which operates over the Internet from its website hiperchef.com. These General Terms also govern the rights and obligations of the parties arising from the sale-and-purchase transactions agreed between them.

The clauses set out below make up the framework contract that all users who access the hiperchef.com page are obliged to know and accept. Solely for the purposes of these general terms, the expression “user” comprises any internet user who accesses the website hiperchef.com, whether directly or from any other Internet site.

The services offered by HIPERCHEF.COM on this website shall be governed by the conditions contained in this contract. HIPERCHEF.COM reserves the right to modify, in whole or in part, these general terms, with the new ones it agrees applying from the moment of their publication on the page. In any case, the said modifications shall not have retroactive effect on the goods or services already contracted by users beforehand.

These General Terms bind both parties and form an integral and inseparable part of the sale-and-purchase contract, whose effect operates at the moment the order is placed at the customer's instance, through the contracting mechanisms specified later, all in accordance with the provisions of art. 1,255 of the Código Civil (Civil Code), which enshrines the principle of freedom of will and agreements between the contracting parties. For all purposes it shall be understood that the user accepts the conditions and rules of use set out herein if they click the "Accept" button that appears at the foot of this document.

To guarantee in full the rights of the consumers and users of HIPERCHEF.COM, these General Terms are established in accordance with the provisions of Spanish law, and in particular the Ley 7/98 de 13 de abril de Condiciones Generales de la Contratación (Act 7/98 of 13 April on General Contracting Conditions), the Ley 7/96 de 15 de enero de Ordenación del Comercio Minorista (Act 7/96 of 15 January on Retail Trade Regulation), the Código Civil (Civil Code), Directive 2000/31/EC of the European Parliament and of the Council of 8 June, the Ley 34/2002 de 11 de julio de servicios de la sociedad de la información y de comercio electrónico (Act 34/2002 of 11 July on information society services and electronic commerce), the Real Decreto Legislativo 1/2007, de 16 de noviembre (Royal Legislative Decree 1/2007 of 16 November), which approves the Consolidated Text of the General Act for the Protection of Consumers and Users, and other applicable laws and their implementing regulations.

II.-Identification and company name of the offering business

A.L.G.D.L., 24374339-C, with registered office at C/ Goya nº 37, 46018 Valencia, Spain, provides its electronic sales services over the Internet on its website hiperchef.com

You can find its contact email at the foot of the page.

Its contact telephone is +0034 668 88 94 95. Telephone support is provided in Spanish only. For enquiries in other languages, please email us and we will reply in your language.

The address for the purposes of claims shall correspond to the one indicated as the company's registered office.

III.-Legal conditions of provision of the service and liability

Clarity and transparency in the information:

HIPERCHEF.COM, in compliance with the provisions of art. 10 of the Ley 34/2002 de 11 de julio (Act 34/2002 of 11 July), through its website and these General Terms, enables permanent, easy, direct and free access by electronic means to the information comprising its company name (tax, registry, domicile and communication address details), as well as to the customer's data, for the customer's exclusive access, held by the company.

Likewise, in accordance with the aforementioned Real Decreto Legislativo 1/2007 (Royal Legislative Decree 1/2007), it offers the customer both the pre-contractual information (see these General Terms as well as the additional information in the various sections of the website) and the confirmation of the information legally required.

IV.-Conditions of access for the user/customer

The user of the HIPERCHEF.COM website shall be entitled to free access to the public information contained therein, although HIPERCHEF.COM reserves the right to restrict access to information, promotions and special offers to its registered customers.

Any user who accesses the HIPERCHEF.COM website has the right to register as a customer, and may therefore take advantage of the special offers aimed at the group of registered customers if they meet the specific conditions of the offer specified for each product.

The public information contained on the HIPERCHEF.COM website, referring both to the company HIPERCHEF.COM and to the brands, products, logos, etc. of the wholesalers and manufacturers of the products and services offered, is protected by the legal provisions on intellectual and industrial property, so copying, transmission, assignment, disposal or use by the customer/user unrelated to the advertising purpose of its virtual publication, without the express consent of HIPERCHEF.COM, of the product's manufacturer or of the owner of the brands and logos, is not authorised, on the terms set out in section VII on Industrial and Intellectual Property Rights.

V.-Obligations of the user/customer

To keep their personal passwords with due diligence.

To faithfully use the shopping service provided by HIPERCHEF.COM on its website, refraining from manipulating the contents of its website, introducing denigrating content or interfering with its computer systems through viruses or other conduct prohibited in law.

To respect the purchase agreement once the order is accepted, with due payment of the agreed price, and to refrain from carrying out abusive and unlawful conduct in the contracting

To use the information published by HIPERCHEF.COM exclusively by the customer, strictly within the intended personal commercial relationship.

Not to reproduce, dispose of or deal with the information published by HIPERCHEF.COM in all its contents without the express permission of the company itself.

For any acts giving rise to a dispute, the parties expressly submit, waiving any other jurisdiction, to the arbitration, courts and tribunals of the city of Valencia.

VI.-Rights of HIPERCHEF.COM.

To keep, modify or suspend its website without prior notice.

To modify the price of the offers.

To reject orders due to lack of stock, errors in prices or non-payment by the customer.

To refuse access to the computer tools to customers in the event of breach of these conditions.

To receive the amount of the customer's purchases once the transaction is accepted.

To reserve ownership and retain full property of the item until full payment by the customer.

To reserve the right to hold prize draws of goods or services on its website.

To use the information published by HIPERCHEF.COM exclusively by the customer, strictly within the intended personal commercial relationship.

Not to reproduce, dispose of or deal with the information published by HIPERCHEF.COM in all its contents without the express permission of the company itself.

To proceed to correct or amend human or computer errors.

VII.-Intellectual and industrial property rights

The rights relating to industrial and intellectual property (by way of example and not limitation: brands, logos, texts, photographs, icons, images, etc., as well as the graphic design, source code and other software elements contained on the website hiperchef.com) are the property of HIPERCHEF.COM or of the wholesalers and manufacturers of the products and services offered. They are therefore subject to intellectual and industrial property rights and protected by Spanish and international legislation.

Without the prior reliable written authorisation of HIPERCHEF.COM or, where applicable, of the wholesaler or the manufacturer of the product holding the rights, it is not permitted to use, copy, distribute, reproduce, transmit or manipulate, nor to make any use that exceeds normal and necessary use for visiting the page and using the services offered.

Access to the services supplied does not imply on the part of HIPERCHEF.COM any waiver, transfer or assignment, in whole or in part, of the rights arising from intellectual and industrial property, nor does it grant rights of use, alteration, exploitation, reproduction, distribution or public communication over these contents without the prior and express written authorisation of the respective holders of such rights, without prejudice to the right to view and obtain a private backup copy of such contents, provided that this right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the holder of such rights remains unaltered, is used for non-commercial purposes and exclusively for the user's personal information.

The liability arising from the use of materials protected by the intellectual and industrial property rights of third parties contained on this page unlawfully or in a way that transgresses morality, honour or privacy and good faith shall correspond exclusively to the user, exempting HIPERCHEF.COM in any case from any liability arising from such conduct.

The content published on hiperchef.com (product descriptions, technical sheets, guides and articles) is produced by our own team, by professional copywriters or with the support of A I tools. In all cases it is reviewed by HIPERCHEF.COM before publication.

VIII.-Exclusion of liability

The content of this website is of a general nature and has a merely informative purpose, without full guarantee of access to all contents, nor of their completeness, correctness, validity or currency, nor of their suitability or usefulness for a specific objective.

HIPERCHEF excludes, as far as the legal system permits, any liability for damages of any nature arising from:

a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or currency of the contents, as well as the existence of defects and flaws of all kinds in the contents transmitted, disseminated, stored or made available, accessed through the website or the services offered.

b) The presence of viruses or other elements in the contents that may cause alterations to computer systems, electronic documents or users' data.

c) The breach of the laws, good faith, public order, trade practices and this legal notice as a consequence of incorrect use of the website. In particular, and by way of example, HIPERCHEF is not responsible for the actions of third parties that infringe intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and one's own image, as well as the regulations on unfair competition and unlawful advertising.

Likewise, HIPERCHEF declines any liability regarding information found outside this website and not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user of the existence of other sources capable of expanding the contents this website offers. HIPERCHEF does not guarantee or take responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend visiting them, so it will also not be responsible for the result obtained.

HIPERCHEF is not responsible for the establishment of hyperlinks by third parties.