Terms of Use and Sale

Last Update: June 28th 2018

 

1.- Ownership

This site is owned and operated by the Spanish company BOLLERIA Y PASTELERIA, SA. (from now on Pastisseries Pomar), located at Carrer de Plaça 20, CP 07630, Campos, Balearic Islands, Spain.

NIF: A07143548

Email: info@pomaronline.com

 

2.- Acceptance

This online shop (from now on the Service) is available for any user for its own and non-professional use. The Service is subject to the following terms and conditions: these Terms of Use and Sale, our Privacy Policy and Cookie Policy.

When you use the Service, you accept our terms and conditions. This way, you state that you won’t use the Service for an illegal purpose.

 

On the other hand, we inform you that for legal reasons we store the electronic documents where your purchases are formalized as an agreement. You will be able to access those documents at any moment by sending an email to: info@pomaronline.com

 

3.- Description of the Service

Through the Service, Pastisseries Pomar allows the user to buy food products such as cakes, pies, pastries or ensaimadas, among others.

The contract between Pastisseries Pomar and the User will be concluded in Spanish, English or German, according to the case.

The shopping process will be as follows:

• Once you have selected the product, it will be added to the shopping basket.

• Once you are happy with your selection, you will have to fill out the form about your billing address, the delivery method and the payment system.

• In the last phase, you will get a summary of the products selected, as well as your personal data, address, payment system, delivery method (in our shops or to your home), the option to apply a coupon, the acceptance of the terms and conditions and the option to confirm the purchase.

• The document concluding your purchase will be stored on your profile. In any case, you will be able to ask for it sending us an email to info@pomaronline.com

During the shopping process, you will be able to change the selected products, its quantity, your personal data, adding something to your wishlist, as well as modify the payment and delivery methods. To do so, you will have to go back or click on the “Edit” option before definitively finishing the purchase.

Once you have accepted the purchase, you will receive confirmation of it through email within 24 hours at most. The email will confirm the product that you purchased, its price, corresponding taxes, shipping costs, payment method, delivery address, estimated time of arrival and applicable terms and conditions.

 

4.- External links

Through the Service you could be send to other websites through links.

However, Pastisseries Pomar does not have control over those sites or its content. In fact, those sites are subject to its own terms and conditions. Therefore, Pastisseries Pomar does not take responsibility for the quality, veracity or accuracy of those sites.

 

5.- Age

In relation to the use of the online shop, you state that you are an adult with full legal capacity to use this site according to its terms and conditions and be entailed by this agreement, that you accept entirely.

You state that all the information provided to access the Service, before and after its use, it’s complete, accurate and reliable.

 

6.- Intellectual and Industrial Property

6.1 Our content

The content and the information of this site (among other, data, text, sound, pictures or code), as well as the hardware and software used to provide the content and information are owned by Pastisseries Pomar or according to the corresponding licenses.

In addition, the modification, reproduction, duplication, copy, distribution, sale, resale and other exploitation forms for commercial purposes of the Service are forbidden.  

For any other use of the content of the site, the prior and written consent from Pastisseries Pomar will be required.

6.2 User content

As a User, you can contribute to the Service by sending an email, writing a review or making a comment (from now on “Content”).

We can use your Content on different ways, such as: showing it on the site, editing it for clarity, translating it to other languages, fixing grammatical errors, creating derivative works, promoting it or distributing it.   
Therefore, the Content is yours but when you send it to the Service you are giving Pastisseries Pomar a license to use it non-exclusively, worldwide, free of charge, until the Content is deleted and with the option to transfer it and sublicense it.  

 

7.- Product delivery and availability

We deliver our products to the territories shown during the purchasing process and according to the delivery method selected. Unless stated otherwise, we will only deliver our products in Mallorca.

In any case, the delivery date will depend on the availability of the selected product/s and the destination. The delivery period can also change according to the specific circumstances of every package. Specially, when facing extraordinary incidents on the courier service or trouble for delivering the shipment.

Take also into account that your product will be delivered during the week with the exception of the weekend and holidays (according to the destination country). Besides, your delivery will always be done during office hours.

On the other hand, if the the product that you ordered is not available, we will notify you and provide, without extra cost, a product of equal or superior quality. You will also have the option to cancel your order, getting back any payment done within 30 days since the purchase.   

 

8.- Prices and taxes

The prices of the products offered through Pastisseries Pomar are established in euros (€). Those prices include the corresponding Value-Added Tax (from now on “VAT”) at the moment of the purchase.  

In any case, the purchase could be exempted or not from VAT according to your country of residence or in what capacity are you acting. Therefore, the final price of your purchase could be modified in relation to the one shown initially.

If your purchase is exempted from VAT, you will have the option to point that out in the corresponding field during the shopping process or by sending an email, with your VAT/NIF number, to info@pomaronline.com

 

9.- Shipping costs

You can pick up your order in some of our shops or we can deliver it to your address for an extra cost. That shipping cost will be established during the purchasing process.

 

10.- Payment

You can pay for the Service through:

• Credit or debit card from VISA or Mastercard

In this sense, the owners of the credit and debit cards are informed that Pastisseries Pomar is the one responsible for the transactions through the online shop. These transactions will be done on a secure page, using SSL technology to guarantee the security of the data transmitted.

 

11.- Returns and refunds

11.1.- Right to return

Taking into account the products commercialized by Pastisseries Pomar, food that may quickly deteriorate and that could require to be stored in a refrigerator, the right to return a product won’t be applicable in this case, according to article 103 letter d) from the Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (the Spanish Law for Consumers).

11.2.- Refunds

If you receive a damaged, wrong or in poor condition product, Pastisseries Pomar will allow you to change it for a new one or ask for a reimbursement without extra cost, if you contact us in a period of 14 calendar days since the reception.

In this case, you will have to return us the wrong or in poor condition product. Once we have checked it, we will proceed with the reimbursement or the replacement, if the product is returned in the original package or it has not been consumed totally or in part.

For more information contact us at info@pomaronline.com

11.3.- Reimbursement

You can cancel your order at any moment and without extra cost. But only if your order is not already in the hands of the courier service for its shipment.

The period for the reimbursement will be of no more than 14 calendar days from the moment that Pastisseries Pomar is aware that the user wants to cancel the purchase.

 

12.- Validity of the offer

The products offered through Pastisseries Pomar, as well as its prices, will be available for its purchase until its online catalogue is updated.

In any case, Pastisseries Pomar reserves the right to update the Service with the corresponding modifications, having the option to change prices, products and services according to the market.

We inform you that despite the updates on the prices of the Service, these may contain mistakes. We will correct them as soon as possible, but they won’t bind the Service.

 

13.- Security

As has been established before, all the shopping process, as well as the transmission of your personal and payment data, is done through a secure page, using SSL technology to guarantee the security of the data transmitted.  

We guarantee the security of the Service according to the present technological knowledge. However, Pastisseries Pomar cannot guarantee the total future security of the Service. In any case, we will fix and implement the corresponding corrective measures to solve any possible security breach as soon as possible.    

You will notify Pastisseries Pomar through this email info@pomaronline.com, and as soon as possible, in any case that could lead to an identity theft.  

 

14.- Changes and nullity

We can update the terms and conditions of the Service in the future, as well as the features and functionalities of it.

We will inform you about these changes by sending you a notification to the provided email address and/or through a notice about it in our website.

If any clause included in these terms and conditions is declared, totally or partially, invalid or ineffective, that nullity or inefficiency will only affect that clause or the part established as invalid. On everything else, these terms and conditions will persist.  

 

15.- Complaints and actions derived from the contract

As far as can be possible, this contract is regulated by Spanish law.

With the purpose to simplify any complaint through civil proceedings and to reduce costs, we do not exclude the possibility to be subjected to an equity arbitrage with the Chamber of Commerce and Industry.   

In this sense, and according to the applicable law, Pastisseries Pomar informs you of the existence of the European platform for online dispute resolution. This platform makes easier the extrajudicial resolution of disputes for online contracts between consumers and Internet service providers. The platform can be accessed through this website: http://ec.europa.eu/odr

 

16.- Language of the terms and conditions

The terms and conditions of the Service are in different languages. However, in case of any contradiction between one version and the other, the Spanish version will take precedence.  

 

17.- Contact

For any question or request, you can contact us at:

E-mail info@pomaronline.com

Address: Carrer de Plaça 20, CP 07630, Campos, Balearic Islands, Spain.