Terms and Conditions

1-Terms and Conditions

These General Terms and Conditions of Sale regulate the conditions that govern the use of this Web Page and the purchase or acquisition of the products that we offer through our web page www.portomuinos. com (from now on, the ‘Web Page’), having been elaborated in agreement with the foreseen in the Law 34/2002, of 11 of July, of Services of the Society of the Information and of Electronic Commerce, in the Royal Legislative Decree 1/2007, of 16 November, by which the Revised Text of the General Law for the Defence of the Consumers and Users is approved, and rest of norm that is of application.

The use of this Website constitutes, as far as applicable, the acceptance by the user and possible buyer (hereinafter, the ‘User-Customer’) of these general terms and conditions of sale.

If you have any questions about these general terms and conditions, you can contact us at the contact details given on this Website.

2-General information.

PORTO-MUIÑOS, S.L. (hereinafter, ‘PORTO-MUIÑOS’ or ‘the Company’ or ‘the Seller’), with address at POLIGONO O ACEVEDO PARCELA N14, 15185 - CERCEDA (A CORUÑA), and with CIF B70314570, registered in the Commercial Register of A Coruña, Volume 3436, Diary 84, Folio 51, Inscription 1ª, Page C-48189, is the owner of this Web Page.

Through these Terms and Conditions, the User-Customer is informed of the conditions of sale of the products offered on the Website, as well as the rights and obligations of the parties within the framework of the sale and purchase of such products.

These General Terms and Conditions of Sale will be applied, without any restriction or reservation, to all sales of products that are formalised through the PORTO-MUIÑOS Website. The placing of an order by the User-Customer of the products offered in www.portomuinos.com, implies for the latter the full and total acceptance of these General Terms and Conditions of Sale, whose knowledge is acknowledged prior to the placing of the order.

PORTO-MUIÑOS reserves at all times the possibility of unilaterally modifying these General Terms and Conditions of Sale. Without prejudice to this and in any case, the General Terms and Conditions of Sale applicable to each order will be those in force at the time of placing the order.

In this regard, given that these General Terms and Conditions of Sale may be subject to modification in the future, we recommend that you visit them periodically in order to be duly informed of any changes made.

The information contained in this Web site is provided without any guarantee, neither implicit nor expressed, regarding its completeness, accuracy, timeliness, absence of infringement, availability, reliability or exhaustiveness of the data, products or accessories that appear in the PORTO-MUIÑOS Web site or regarding the suitability of the same for the use that the User-Customer plans to make of them. PORTO-MUIÑOS declines all responsibility for damages, direct or indirect, foreseeable or not, suffered due to the use of the Web Page. In any case, the responsibility will be limited to the amount of the Order that the buyer has paid to PORTO-MUIÑOS.

3- Prices.

The price of the products offered on the website will be the price in force now of placing the order. The sale price of the products that appears on the Website can be modified at any time by PORTO-MUIÑOS, being the price that will be applied to the purchase the one that appears on the screen now of placing the order.

Unless otherwise indicated, the prices include the Value Added Tax (VAT), the Canary Islands General Indirect Tax (IGIC) or the Tax on Production, Services and Imports (IPSI) that, if applicable, may be applicable on the date of the Order according to the current regulations.

Unless otherwise indicated, in the case of orders to be delivered outside the European Union, the costs of customs duties shall be borne by the User-Customer.

Unless otherwise indicated, prices do not include shipping costs, which are calculated during the purchase procedure and, in any case, are known to the User-Customer before the order is placed. Once the address details have been entered and the shipping options have been selected, the system shows the total calculation of the shipping costs.

4-.- Products and Services.

PORTO-MUIÑOS reserves the right to decide, at any time, the Products offered through the Web Page. PORTO-MUIÑOS may at any time add new Products to those offered or included in the Web Page, with the understanding that unless otherwise provided, such new Products will be governed by the provisions of these General Terms and Conditions of Sale. Likewise, PORTO-MUIÑOS reserves the right to stop offering, at any time and without prior notice, any of the different types of Products offered on the Web Page.

In accordance with the applicable regulations, the Purchaser will have the possibility, prior to the Order, to know on the PORTO-MUIÑOS Website the fundamental characteristics of the products he/she wishes to acquire. The Products included in the Website will correspond as closely as possible to the Products actually offered, as allowed by the web visualization technology.

For any consultation related to the products, the User-Customer can contact PORTO-MUIÑOS through the contact details that appear on this Web Page.

The products shown on the Website will be valid if they remain advertised on the Website and, in any case, until the end of stock. All orders are subject to product availability.

In the event of total or partial unavailability of the products after the Order has been placed, the User-Customer will be informed by e-mail, as soon as possible, of the unavailability of the product and the total or partial cancellation of their Order. In the event of total cancellation of the Order, the User-Customer will be reimbursed the full amount paid within fourteen (14) days. In the event of partial cancellation, the User-Customer's Order will be validated with the corresponding modifications, the amount corresponding to the available products will be debited from the User-Customer's bank account and the products will be delivered to the User-Customer.

5.- Orders.

The User-Customer declares that he/she is aware of and accepts these General Terms and Conditions of Sale before confirming his/her orders. Confirmation of an order therefore implies acceptance of these General Terms and Conditions of Sale.

As soon as the Buyer confirms his Order, he shall be deemed to have accepted the content and conditions of the Order in question and, in particular, these General Terms and Conditions of Sale.

Once this has been done, within a maximum period of twenty-four (24) hours, PORTO-MUIÑOS will send an email to the User-Customer confirming the purchase (the ‘Order confirmation email’). It will communicate the reference code of the purchase, and will detail the characteristics of the Product, its price, the shipping costs and the data related to the method of payment.

Once the order has been prepared, the User-Customer will no longer be able to cancel it. The sale shall be final, without prejudice to the exercise of the right of withdrawal by the User-Buyer-Buyer under the conditions set out in these General Terms and Conditions of Sale.

Subsequently, PORTO-MUIÑOS will send a second e-mail to the User-Customer at the moment of the expedition of the Order.

If the User-Customer expressly requests it, a purchase invoice will be sent by e-mail. To request this, the User-Customer shall have a period of 15 calendar days from the date on which the Order was delivered to him/her.

The User-Customer undertakes, in general, to use the Website, to purchase the Products and to use each of the services of the Website diligently, in accordance with the law, morality, public order and the provisions of these General Terms and Conditions of Sale, and must also abstain from using them in any way that could impede, damage or deteriorate the normal functioning and enjoyment of the Web Page by other Users-Customers or that could harm or cause damage to the goods and rights of PORTO-MUIÑOS, its suppliers, Users, Customers or in general of any third party.

In accordance with the applicable regulations, PORTO-MUIÑOS reserves the right to refuse or cancel for legitimate reasons any Order, in case of suspicion of any abnormality or irregularity with respect to the same; as well as in case of total or partial non-payment of the price.

6.- Payment of Orders.

The means of payment through which you can buy on the website is by credit card. The bank cards accepted on the PORTO-MUIÑOS website are the following: Visa, MasterCard and American Express.

All bank card holders are subject to validation and authorisation checks by the card issuer. If the issuer of the buyer's payment card refuses, or for any reason does not authorise payment in our favour, either prior or subsequent to a payment, we will not be responsible for any delay or non-delivery.

All Orders shall be payable in Euros, including all mandatory taxes and duties. Bank charges will be borne by the User-Customer (including the case of reimbursement).

PORTO-MUIÑOS uses a secure payment tool Redsys. To guarantee the security of the payment, the tool uses proven cryptographic techniques and complies with the requirements established in the different banking regulations applicable in Spain.

7.- Delivery and reception of the Orders.

7.1.- General aspects.

The Order will be sent to the User-Customer to the address that he/she has indicated as delivery address for the corresponding Order (hereinafter, Delivery address’). PORTO-MUIÑOS delivers to the following destinations:

- Shipments to Spain:

- Mainland Spain

- Balearic Islands

- International shipments:

- Portugal (mainland)

- Europe

- America

- Africa and Asia

Upon receipt of the order, the User-Customer or the recipient of the Order must sign an electronic acknowledgement of receipt. This acknowledgement will serve as proof of delivery of the Order by PORTO-MUIÑOS.

If the User-Customer or the recipient of the Order is absent at the address provided at the time of delivery, he/she will receive a notice (email, SMS or postal notice) informing if his/her Order will have another delivery attempt or will be available at a collection point. After 15 calendar days from the second unsuccessful delivery attempt, the package will be returned to PORTO-MUIÑOS and the money will be reimbursed to the User-Customer, by any means of payment, according to PORTO-MUIÑOS' choice, previously deducting the corresponding return costs.

No complaint will be accepted regarding delivery when the package is shown as delivered, for which purpose the aforementioned electronic acknowledgement of receipt shall be deemed to have been delivered.

7.2.- Delivery times.

In general, the Order will be sent within 48 hours after the receipt of the payment of the price of the Order.

The User-Customer or the recipient of the Order will receive the Order through the transport company chosen by PORTO-MUIÑOS. The delivery of the Order will take place within 10 working days following its departure from the PORTO-MUIÑOS facilities.

The delivery times indicated are merely indicative. Air or land transport times may be extended due to delays in air or land transport, customs retentions (for countries outside the European Union) or other unforeseen complications beyond the control of PORTO-MUIÑOS. If for any reason we are unable to meet the delivery date, we will inform you as soon as possible. In the case of exceeding the delivery time due to any cause other than force majeure, the User-Customer will have the possibility of cancelling the Order.

7.3.- Shipping costs.

Shipping costs include handling and packaging costs, as well as postal costs. Handling costs have a fixed price, while transport costs may vary according to the total weight of the package. Once the address details are entered and the shipping options are selected, the system displays the total calculation of the shipping costs.

For shipments outside the European Economic Union, the User-Customer may be charged import taxes, customs duties or brokerage fees (delivery costs) on their Order. These charges are independent of the shipping costs.

PORTO-MUIÑOS advises the User-Customer to group all items in the same order. We cannot combine two different orders, and the shipping costs will be applied to each one individually.

PORTO-MUIÑOS is not responsible for any damage to the package after shipment, but we do our best to protect all fragile items. The boxes are large and your items will be well protected

7.4.- Anomalies, damages, deteriorated packages or defective products.

PORTO-MUIÑOS recommends the User-Customer, or the recipient of the Order, to check at the time of delivery the external state of the package and the products.

In case of anomaly related to the package or related to the ordered product(s), the User-Customer must follow the procedure described below:

- In the event of an incident detected in the presence of the carrier:

- Refuse the delivery and state the incident clearly and in detail.

- Indicate the reason for the refusal of delivery to PORTO-MUIÑOS.

- In the case of incidents detected without the presence of the transport company:

- Communicate the anomaly to PORTO-MUIÑOS via email oficina@portomuinos.com or telephone +34 981688030.

- The notification of incidents and the formulation of claims must be made as soon as possible and, in any case, within 3 working days from the delivery of the Order.

Failure to comply with the appropriate procedure will exclude the possibility of claims against the carrier and against PORTO-MUIÑOS.

The return requests motivated by the reception of a product with packaging or labelling different from the one published on the website as a consequence of updates and rebrandings of the products and their packaging will not be considered product anomalies.

8.- Right of withdrawal.

By virtue of 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, in the event that the User-Client is a ‘consumer or user’ in accordance with the definition given in the aforementioned legal text, he/she will have the right to withdraw from the contract without being obliged to give reasons for his/her decision.

The period for exercising the right of withdrawal is 14 days from the date of receipt of the Order.

To exercise the right of withdrawal, the User-Customer must notify us of his/her decision to withdraw from the contract through an unequivocal declaration sent to our email oficina@portomuinos.com or to our postal address in Polígono O Acevedo Parcela N14, CP 15185 - Cerceda (A Coruña) to the attention of PORTO-MUIÑOS, S.L.. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding period expires.

In accordance with the regulations, the right of withdrawal may not be exercised in the case of:

- The supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.

- The supply of fresh products for immediate consumption.

- The supply of goods that are likely to deteriorate or expire quickly.

- The supply of fresh and/or refrigerated food products (fruit, vegetables, meat, dairy products, fish, vegan products, etc.), as well as living beings (plants, etc.).

- The supply of products that have been customised at the request of the User-Customer.

- In the purchase of clothing, a return may be made provided that it has not been used and is in the same condition in which the User-Customer received it. In any case, it must contain the original packaging and labels.

When the products are subject to the legal right of withdrawal, the User-Customer who exercises his/her right of withdrawal under the conditions set out in these General Terms and Conditions of Sale may obtain a refund of the sum paid for the purchase of the returned products. The refund of the amount paid will be made within a maximum period of 14 calendar days from the date on which the returned order arrives at the PORTO-MUIÑOS facilities.

The costs of returning the products will be borne by the User-Customer, except in the case of non-conformity of the products delivered with the Order (in which case the return costs will be borne by PORTO-MUIÑOS).

The products must be returned to PORTO-MUIÑOS in an appropriate state for their commercialisation (products in perfect condition, accompanied by their original packaging, accessories, etc.) within a maximum period of 14 days from the date of their reception. Product returns that occur after this period will not be accepted.

The products must be accompanied by the Order number and it will be the responsibility of the User-Customer to pack the products in such a way that they arrive correctly at the PORTO-MUIÑOS facilities.

The User-Customer will be responsible for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.

In the event that the User-Customer had benefited on the Website from a purchase offer, by which he/she had the right, under certain conditions, to one or several products offered as a counterpart to his/her Order, and that as a consequence of exercising the right of withdrawal, he/she loses the right to this offer; the User-Customer must return, together with the products affected by the withdrawal, the product(s) of the offer received as a counterpart to his/her Order so that PORTO-MUIÑOS can take into consideration his/her request for withdrawal.

9.- Exchanges.

We do not accept exchanges of Orders purchased through the Website. Please return the product you do not want by following the procedure specified in the previous section and place a new Order.

Returns will not be accepted in the case of:

- The supply of articles which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.

- The supply of fresh products for immediate consumption.

- The supply of goods that are likely to deteriorate or expire quickly.

- The supply of fresh and/or refrigerated food products (fruit, vegetables, meat, dairy products, fish, vegan products, etc.), as well as living beings (plants, etc.).

- The supply of products that have been customised at the request of the User-Customer.

10.- Warranties.

All products for sale on the Website are covered by the legal guarantee in accordance with the applicable regulations and by the guarantee against hidden defects, which allows the Buyer to return defective or non-conforming products delivered to him free of charge.

The products are deemed to be in conformity with the contract provided that (i) they conform to the description given by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses for which products of the same type are normally intended and (iii) they present the usual quality and performance of a product of the same type that can be reasonably expected. In this sense, if any of the products do not comply with the contract, you must inform us of this by following the procedure detailed in the section on ‘Anomalies, damage, damaged packages or defective products’ and by any of the means of communication provided for this purpose.

Products that have been modified, repaired, integrated or added by the User-Customer are excluded from the guarantee. The warranty does not apply to products that have been damaged during transport or as a result of misuse.

The product warranty is valid for a period of three (3) years from delivery. The action resulting from hidden defects must be brought by the purchaser within six (6) months after the discovery of the hidden defect.

The provisions of this paragraph do not exclude the right of withdrawal provided for above.

The guarantee does not apply to products that have been damaged during transport or as a result of improper use.

11.- Protection of personal data.

In order to process the Order, PORTO-MUIÑOS must collect and process the personal data of the User-Customer. PORTO-MUIÑOS commits to treat the data confidentially, in accordance with our data protection policies and applicable regulations.

The content of this section will form part of and will be permanently linked to the provisions of our Legal Notice, Privacy Policy and our Cookies Policy. PORTO-MUIÑOS advises the User-Client that, each time he/she accesses the Website, he/she should review the contents of this section to make sure of the purposes and uses that we can make of his/her data.

PORTO-MUIÑOS, S.L. is responsible for the data collected through this Web Page. The User-Customer's data will be processed in accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data.

The User-Customer's data will be processed for the main purpose of maintaining and managing the contractual relationship with the User-Customer.

At any time, the User-Client may exercise their rights of access, rectification, suppression, opposition, portability and limitation of the data that corresponds to them as a user, by sending a communication by e-mail (providing their ID) to the e-mail address oficina@portomuinos.com, or by post to Polígono O Acevedo Parcela N14, CP 15185 - Cerceda (A Coruña).

13.- Customer service.

For any additional information, query related to the status of an Order or a return, or complaint related to an Order, you can contact PORTO-MUIÑOS by sending an e-mail to the address oficina@portomuinos.com or by telephone at +34 981688030 (from 08:00h. to 17:00h. from September to June, and from 07:00h. to 17:00h. during the months of July and August), or by post to the address Pol. to 17:00h. from September to June, and from 07:00h. to 15:00h. in July and August), or by post to the address Polígono O Acevedo, Parcela N14, CP 15185 - Cerceda (A Coruña).

13.- Final provisions.

If one or more of the provisions of these General Terms and Conditions of Sale is declared null and void or unenforceable, by application of any rule or as a result of a final decision of a competent authority, such provision shall be deemed excluded, although the remaining provisions shall remain in full force and effect.

The failure of either Party to exercise its rights in the event of breach by the other Party of any of the obligations contained in or arising from these General Terms and Conditions of Sale shall not be construed as a waiver of such rights.

14.- Applicable law and competent jurisdiction

The use of this Website and the contracts for the purchase of products that are formalised through the same shall be governed by Spanish law.

To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals where the company's registered office is located. However, in the case that the applicable regulations for the defence of consumers and users establish the possibility for them to choose the jurisdiction corresponding to their place of residence, they will be able to proceed in accordance with these regulations.

PORTO-MUIÑOS informs the User-Customer that, in accordance with Regulation (EU) No. 524/2013, they have the right to request with us an out-of-court resolution of consumer disputes relating to contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a company established in the Union, through the dispute resolution platform accessible through the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage