Terms and Conditions

E-COMMERCE (PRODUCTS). General terms and conditions of contracting

GENERAL TERMS AND CONDITIONS OF CONTRACTING

Introduction

This contractual document shall govern the General Terms and Conditions for the contracting of products (hereinafter, the “Conditions”) through the website distribucionmayorista.online, owned by Sector Vending S.L. under the trade name SECTOR VENDING S.L., hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions shall remain published on the website and available to the USER so that they may reproduce and keep them as confirmation of the contract, and may be modified at any time by Sector Vending S.L. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders shall apply. Sector Vending S.L. shall archive the electronic document in which the purchase is formalised and shall make it available to the USER should the USER request it.

Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document entails that the USER:

• Has read, understands and comprehends what is set out herein.

• Is a person with sufficient capacity to contract.

• Assumes all the obligations set out herein.

These conditions shall have an indefinite period of validity and shall apply to all contracts entered into through the PROVIDER’s website.

The PROVIDER states that the business is responsible for and is aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this being able to affect goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is Sector Vending S.L., with registered office at Rua do cobre, 4 15105 Carballo A Coruña, Tax ID B70270061 and customer service telephone number 981754567.

And on the other hand, the USER, registered on the website by means of a username and password, for which they are fully responsible regarding use and custody, and who is responsible for the truthfulness of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual purchase-sale relationship arising between the PROVIDER and the USER at the moment when the USER accepts, during the online contracting process, the corresponding checkbox.

The contractual purchase-sale relationship entails the delivery, in exchange for a determined price publicly displayed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, the USER may notify this at info@sectorvending.com so that Sector Vending S.L. may correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, it is stated that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow the following steps:

1. General contracting clauses.

2. Dispatch and delivery of orders.

3. Right of withdrawal.

4. Claims.

5. Force majeure.

6. Competence.

7. General aspects of the offer.

8. Price and validity period of the offer.

9. Transport costs.

10. Payment method, charges and discounts.

11. Purchase process.

12. Severability and suspension or termination of the contract.

13. Guarantees and returns.

14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise specifically stipulated in writing, placing an order with the PROVIDER shall imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. DISPATCH AND DELIVERY OF ORDERS

The PROVIDER shall not dispatch any order until it has verified that payment has been made.

Shipments of goods shall usually be made by EXPRESS COURIER (DHL, DB Schenker, EX WORKS, CBL Logística, Seur, CBL Logística), according to the destination freely designated by the USER.

The shipment shall be made once the availability of the goods has been confirmed and payment of the order has been verified.

The delivery period shall be between an estimated 2 and 6 working days, depending on the destination town/city and the payment method chosen. The expected shipping and delivery date shall be provided prior to confirmation of the order. The minimum order in order for it to be processed on the website is €70, transport costs may vary depending on the area and weight of the order, and transport costs are free from €150.

The return periods for damaged products are 24 hours from receipt thereof; in the event of cancellation of the order at the buyer’s own will, a cost of 5% of the value may be applied to cover transport costs.

Distribución Mayorista cannot guarantee deliveries at specific times, as this depends exclusively on the transport agency. However, there is an observations box when placing your order in which you may specify the preferred delivery or contact times. We inform you that we cannot require the transport agency to call the customer by telephone before delivery; even so, we always indicate the contact details in order to arrange delivery as far as possible.

The shipping costs for our orders are free from €150, excluding orders sent to the Islands, orders for sandwiches and amounts under €150. In these cases, our online store will automatically indicate the cost of the shipping costs, which vary depending on weight, volume and province. The amount of the shipping costs is always indicated before payment.

For national deliveries, if the customer is not at the delivery address, the transport company will make a new attempt, but if it is unable to deliver the order, the customer must collect their package from the corresponding transport depot or pay for a third attempt.

For international deliveries, if the customer does not specify the delivery times and the premises are closed and/or absent at the delivery address, the customer must bear the cost of the surcharge for failed delivery.

If an order has been shipped and the customer subsequently requests a change of delivery address, they must pay the relocation cost applied by the carrier. To do so, they must request the change of address by email and we will send the pro forma invoice for payment.

The carriers shall unload the orders (pallet and boxes) from the truck at the address chosen for delivery, but they are not obliged to handle or move the order to any place that cannot be accessed with a pallet truck or where there are barriers limiting access.

If a customer benefits from the free transport offered by Distribución Mayorista, the customer may not return the order due to late delivery or disagreement with the delivery conditions of the transport company; for these situations an incident must be processed by email at clientes@distribucionmayorista.online.

In the event of refusal of the order, the customer must bear the transport and management costs generated, the latter being equivalent to 5% of the order amount.

Distribución Mayorista informs its customers that, even if shipping is completely free, regardless of whether there is a promotion, the minimum purchase order is €70 excluding taxes.

Shipments are managed through different transport companies. Distribución Mayorista is the party that makes the final decision regarding which transport company is used to ship an order, depending on its weight, volume, destination and/or logistics.

Failure to perform the distance contract

In the event that the contract cannot be performed because the contracted product or service is not available within the expected period, the USER shall be informed of the lack of availability and that they shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, without this giving rise to any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER in refunding the total amount, the USER may claim payment of double the amount owed, without prejudice to the USER’s right to be compensated for the damages suffered to the extent that they exceed said amount.

The PROVIDER shall assume no liability when delivery of the product or service is not carried out because the data provided by the USER are false, inaccurate or incomplete.

Delivery shall be deemed to have been made at the moment when the carrier has placed the products at the disposal of the USER and the USER, or the USER’s delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by a simple declaration, require the remedying of such lack of conformity, the price reduction or termination of the contract. In any of these cases, the USER may also claim compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the product acquired until the PROVIDER complies with the obligations established in this contract.

It is the responsibility of the USER to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER shall previously inform the USER of the procedure to be followed to carry out this download.

3. RIGHT OF WITHDRAWAL

If the user wishes to exercise the right of withdrawal, they only need to send an email to cliente@distribucionmayorista.online with their details and requesting it for processing.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase-sale contract if it is the provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER fails to comply with the duty to provide information and documentation regarding the right of withdrawal, the period for its exercise shall end twelve months after the expiry date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are listed here.

Any return must be communicated to the PROVIDER, requesting a return number by means of the form enabled for this purpose, or by email at clientes@distribucionmayorista.online, indicating the corresponding invoice or order number.

If the return is not made with the original delivery packaging, the PROVIDER may charge the cost to the USER, informing the USER beforehand through the same communication channel used.

With regard to returns of goods, the customer has a period of 24 hours from receipt of the order to notify Distribución Mayorista of any error or damage to the goods and has 7 calendar days to deliver the goods to our facilities after prior acceptance of the return by our customer service team.

The only means of requesting a return is by email to clientes@distribucionmayorista.online, indicating the order reference, attaching photos of the item to be returned and explaining the reason for the return.

It is essential that the items to be returned are complete and in perfect condition, with unopened packaging and with the total number of units announced on our website.

If the reason for the return is that an item is defective or does not correspond to that requested in the order, Distribución Mayorista shall bear the return costs; if the cause of the return is not attributable to our company, the customer must bear the cost generated by the return.

Cancellations:

For the cancellation of an order, there are several conditions that must be taken into account: if the customer cancels the order before it is put into preparation, a full refund of the amount shall be made; if the order is in the status “Preparation in progress”, 5% of the order value shall be deducted for management costs; and if the order is in the statuses “Pending collection by the carrier” or “Shipped”, the customer must bear 5% of the total order value plus the transport costs generated by the shipment and its return to our facilities.

Refunds shall be made within a period of 7-15 working days.

Returns of products due to poor rotation in the customer’s sales are not accepted, due to hygiene and health regulations.

Under no circumstances may Distribución Mayorista accept returns of products with special offers such as “Ofertas Vending” or “Fecha por Consumo Próximo”.

Once the USER has received the return number, the USER shall send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs at the USER’s expense, to the address of Sector Vending S.L., Rua do cobre, 4 15105 Carballo A Coruña.

4. CLAIMS

Any claim that the USER considers appropriate shall be handled as soon as possible and may be made at the following contact addresses:

Postal: Sector Vending S.L., Rua do cobre, 4 15105 Carballo A Coruña

Telephone: 981754567

E-mail: info@sectorvending.com

5. FORCE MAJEURE

The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest shall not be affected in any way, nor shall they undergo any modification in any manner.

The USER declares that they have read, know and accept these Conditions in their entirety.

7. GENERAL ASPECTS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Sector Vending S.L. or to what is stipulated herein shall have effect, unless by express written agreement signed by the PROVIDER, in which case these particular agreements shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service do not include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping or communication costs, handling or any other additional services ancillary to the product acquired.

The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, the USER may check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.

Once the order has been placed, the prices shall be maintained whether or not products are available.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has provided at the time of placing the order. This invoice shall be sent in paper format together with the product acquired. The invoice may be downloaded in PDF format by accessing the website management panel with the user account. If the USER wishes to receive it by email, the USER must request it by any of the means that the PROVIDER makes available, being informed that this decision may be revoked at any time.

For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 981754567 or by email at info@sectorvending.com.

9. TRANSPORT COSTS

The prices published in the store do not include shipping or communication costs, nor installation or unloading costs, or complementary services, unless otherwise expressly agreed in writing.

Shipping costs from €150 are free, the minimum amount to make the purchase is €70, and all purchases made for an amount from €70 to €150 excluding taxes have transport costs according to the area and weight of the order.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and makes the following methods available for payment of an order:

• Credit card

• Bank transfer

The USER may use a discount coupon immediately before completing the purchase if one has been received from the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

It is prohibited, pursuant to the card brand programmes, to sell or offer a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder of the card or cards.

11. PURCHASE PROCESS

Any product from our catalogue may be added to the basket. In it, only the items, quantity, price and total amount shall be shown.

Baskets have no administrative link; they are only a section where a quotation can be simulated without any commitment by either party.

From the basket an order can be placed by following the following steps for its proper formalisation:

1. - Verification of billing data.

2. - Verification of the shipping address.

3. - Selection of the payment method.

4. - Place the order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming that the order has been placed.

Orders (purchase requests)

Prior to confirmation of the order, information shall be provided about the status of the order and the approximate shipping and/or delivery date.

Product changes. distribucionmayorista.online may replace a product or product model in the event of a stockout with a discount voucher after it has attempted to contact the customer and this has not been possible; for this purpose, an email will be sent informing of the stockout and the discount voucher.

If, due to stockout, the customer is unable to acquire the requested product, the customer has the right to request the replacement of the item with one of the same or lower amount; in this case, a discount voucher shall be processed for the price difference or for the total value of the item if it is not replaced, this voucher without expiry being redeemable in subsequent orders OR, if the customer requests it, the amount paid shall be refunded by the same payment method used.

Customers are informed that refunds of amounts through bank transfers of less than €10 are not processed.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, null or for any reason unenforceable, that condition shall be considered severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, licence, regulation, directive, code of practice or policies that apply to the USER.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. GUARANTEES AND RETURNS

The guarantees shall comply with the provisions of the Title referring to “Guarantees and after-sales services” of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, which may be accessed by clicking here.

In the event of an incident:

Upon receiving your order, it is MANDATORY to record this on the carrier’s delivery note as “Goods handled” or “Goods damaged”.

If, on the contrary, the customer or the person receiving the order signs “in conformity” or “pending review”, both the transport agencies and Distribución Mayorista will not be able to take responsibility for said incident, since it is ESSENTIAL that there be a record of it on the delivery receipt. We remind our customers that the claims period is 24 hours after receipt of the order.

Incidents are processed only through our email clientes@distribucionmayorista.online, indicating the order reference, attaching photographs of how the goods were received, specifically of the pallet or boxes, as well as of the damaged units, where the quantity and damage can be seen, in addition to a list detailing the quantities and names of the items claimed. Additionally, if you received the order by parcel delivery, you must attach photos of the carrier’s sticker and of the boxes.

In the event of missing goods, you must specifically indicate the missing units and the item. This is the only way Distribución Mayorista has to claim from the transport company the shortage and/or breakage of the goods in shipments; if these conditions are not met, the carrier does not accept claims.

If a claim is opened for damaged items, it is necessary that you keep the goods until the claim process is completed, since the transport company may request their collection; if the items are discarded, the incident cannot be processed.

At Distribución Mayorista we do everything in our power so that customers receive their orders as soon as possible. We will manage all claims and follow-ups with the carriers and inform our customers.

14. PERISHABLE PRODUCTS AND SHORT EXPIRY DATE PRODUCTS

Expiry dates:

We guarantee a minimum expiry date of 2 months on our products. If a product has a shorter expiry date, this will be indicated in the product’s own information so that the customer may decide whether to purchase it. Returns of products with published expiry dates are not accepted. These products can also be found in the “Ofertas” “Consumo próximo” section.

It must be taken into account that for some products, for example bakery products, only the expiry date recommended by the manufacturer is guaranteed. In these cases, the guaranteed period of the product shall be indicated in its description. Due to the short shelf life of these products, returns are not accepted.

“Perishable Products”.

Perishable products such as sandwiches have transport costs separate from the rest of the goods due to their refrigerated transport.

The website indicates in the description of several products that they have a date shorter than the minimum 2 months stipulated on the website; if any product is below the usual two months, this is indicated with a “Consumo próximo” label or with an approximate expiry date or time.

15. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in anything not expressly established. Any dispute that may arise from the provision of the products or services that are the subject of these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of performance of the obligation, or the place where the asset is located if it is immovable property.