GENERAL TERMS AND CONDITIONS OF SALE AND WARRANTY

SCOPE:

Commercial transactions involving products from Raúl Asencio Pastelerías, S.L. are subject to these General Terms and Conditions of Sale and Warranty, which will be reflected in the corresponding order confirmations and will also be included in the commercial invoices for products from Raúl Asencio Pastelerías, S.L., with an express reference to the following General Terms and Conditions of Sale and Warranty.

ORDERS:

1. Orders will be accepted via the website https://raulasencio.es/, email, or telephone, and will only be binding once accepted by Raúl Asencio Pastelerías, S.L. by means of order confirmation via any of the communication methods described above. The Customer must verify the order confirmation and immediately notify any errors in writing. Otherwise, the description of the Product in the order confirmation will become part of this Contract and will be binding on the parties. Raúl Asencio Pastelerías, S.L. will not accept any modifications or cancellations of the order.
2. Orders will be subject to availability and acceptance by Raúl Asencio Pastelerías, S.L., who may reject them at any time and at its sole discretion. Quotes or financial offers will only be valid in writing and for the period indicated therein. If no period is indicated, it will be 30 days.

PRODUCTS:

The Products are described in the catalog or on the website of Raúl Asencio Pastelerías, S.L., which may be modified by any applicable specification. Raúl Asencio Pastelerías, S.L. reserves the right to temporarily or permanently interrupt the supply if there are exceptional circumstances that prevent the total or partial fulfillment of its obligations as the seller. In this case, this Contract shall be canceled without the buyer being entitled to claim compensation for any damages from Raúl Asencio Pastelerías, S.L.
Similarly, Raúl Asencio Pastelerías, S.L. reserves the right to cancel the order at any time due to objective circumstances beyond its control.

PRICES AND TERMS OF PAYMENT:

The price of the Products will be that established on the website https://raulasencio.es/, except in the case of obvious error. Payment shall be made by credit or debit card (Visa, Visa Electron, MasterCard, and Maestro), PayPal, Bizum, or by direct bank transfer to the bank account designated in writing by Raúl Asencio Pastelerías, S.L. The place of delivery shall be indicated in the order confirmation.
Raúl Asencio Pastelerías, S.L. reserves the right to retain ownership of the Products in the event of total or partial non-payment of the order. If the Customer refuses to accept delivery without the prior approval of Raúl Asencio Pastelerías, S.L., the resulting costs or damages shall be borne by the Customer, including storage until acceptance. Similarly, Raúl Asencio Pastelerías, S.L. shall not be liable for delays in the delivery of the goods resulting from a lack of authorization by the bank.
Raúl Asencio Pastelerías, S.L. also reserves the right to interrupt the supply of goods to the Customer if the latter has failed to comply with any of the payment commitments made. Such non-payment shall entitle Raúl Asencio Pastelerías, S.L. to claim from the Customer the corresponding compensation for damages, in addition to the right to claim other amounts that satisfy the value of the loss suffered as a result of the breach (consequential damage) and the loss of profit as a result of the breach (loss of profit), in accordance with the provisions of Articles 1.101, 1.106, and 1.107 of the Royal Decree of July 24, 1889, which publishes the Civil Code, as well as for other damages caused as a result of their breach of contract. Similarly, Raúl Asencio Pastelerías, S.L. reserves the right to interrupt, temporarily or permanently, said supply if there are exceptional circumstances that prevent the total or partial fulfillment of its obligations. In this case, this Contract shall be canceled without the Customer having the right to claim compensation for any damages from Raúl Asencio Pastelerías, S.L.
The prices on the website https://raulasencio.es/ are shown in euros. In accordance with Law 37/1992, of December 28, on Value Added Tax, all purchases made from the website are subject to Value Added Tax (VAT) and do not include shipping costs, which will depend directly on the quantity and weight of the Products purchased.

DELIVERY:

Unless otherwise agreed, all Products will be shipped from the stores of Raúl Asencio Pastelerías, S.L. and returns must be made to this same location. Delivery will be made within the approximate time frame indicated by Raúl Asencio Pastelerías, S.L., this date being considered the date of completion of manufacture. These delivery times are indicative, are not guaranteed and are not binding. In order to ensure that your order arrives in optimal condition, orders will not be delivered to PO boxes.
The goods will be delivered to the transport company designated by Raúl Asencio Pastelerías, S.L. Therefore, the Customer is prohibited from subcontracting the transport, in accordance with the provisions of Chapter VI of Law 15/2009, of November 11, on the contract for the carriage of goods by land.
Raúl Asencio Pastelerías, S.L. shall not be liable for any costs incurred as a result of failure to meet the delivery date. Both the ownership and the risk of damage and/or loss of the Products shall pass to the Customer at the moment Raúl Asencio Pastelerías, S.L. makes them available to the carrier.
Similarly, Raúl Asencio Pastelerías, S.L. shall not be liable for any loss or damage incurred by the Customer in the event of an unavoidable delay in delivery. Ownership and risk of loss relating to the Products shall pass to the Customer upon delivery.

CHANGES OR RETURNS OF PAYMENT:
- Raúl Asencio Pastelerías, S.L. will only proceed with the return of the Product when it presents manufacturing defects, which includes any problem of origin that affects the quality or composition; or, in other words, when the Product is in poor condition (= expired, contaminated, damaged, or does not comply with the contract, i.e., including cases of altered taste, mold, poor sealing, etc.).
- Raúl Asencio Pastelerías, S.L. will only accept exchanges for Products of the same characteristics or, failing that, a refund of the payment.
- Furthermore, in the event that the Customer is a Consumer or User, in accordance with the provisions of section e) of article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, an exception to the right of withdrawal shall be understood to be “the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.” As the Products appearing on the website of Raúl Asencio Pastelerías, S.L. are for food use, they are all sealed to provide all health and hygiene guarantees. For this reason, and in accordance with the text of the aforementioned article, the right of withdrawal cannot be exercised once the seal has been broken.
- The legal period for the Customer to indicate their dissatisfaction, if any, is 14 calendar days from receipt of the Product, by written communication addressed to Raúl Asencio Pastelerías, S.L., specifying the reasons and/or nature of the same.
- After verification of the Product, and if applicable, confirmation of the refund will be made within a maximum period of 30 days from the date on which Raúl Asencio Pastelerías, S.L. confirmed that the return or replacement of the non-compliant Product was appropriate.

WARRANTY:

If the Customer is a Consumer, the commercial warranty shall be governed by Royal Decree 1/2007, of November 16, approving the revised text of the Law on Consumer and User Protection and other complementary legislation, taking into account the amendments made to said regulation by Royal Decree-Law 7/2021, of April 27, transposing European Union directives on consumer protection, in particular Directive (EU) 2019/771 of the European Parliament and of the Council of May 20, 2019, on certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.
Taking into account the regulations applicable to all Products supplied within Spanish territory, in cases of non-conformity with the Products, Raúl Asencio Pastelerías, S.L. shall be liable for any lack of conformity existing at the time of delivery or supply and becoming apparent within three years of delivery, the date of delivery being the date stated on the commercial invoice. Possession of the commercial invoice by the consumer shall be an essential requirement for making use of the commercial warranty.
Notwithstanding the above, as these are Products with a limited lifespan, the warranty shall apply according to the characteristics of the product. Specifically, the Product warranty shall expire once the Product disappears, its usefulness expires, or when it is consumed; that is, once the Product’s useful life has ended and due to the nature of the Product.
End users may only claim the above warranty rights in relation to Products purchased and invoiced to them directly by Raúl Asencio Pastelerías, S.L.
This warranty only covers defects in conformity that existed at the time of delivery of the Product. However, it shall not be valid for external damage to the Product caused by any reason, due to wilful misconduct or negligence on the part of the Buyer, or in the event of incidents caused by force majeure. In summary, the commercial warranty shall not cover any damage caused by any reason beyond the manufacturer’s responsibility.
The Product will only be checked by Raúl Asencio Pastelerías, S.L. staff in their own stores. Given the nature of the Product, in the event that a lack of conformity covered by the commercial warranty is verified, Raúl Asencio Pastelerías, S.L. will, within the limits of what is possible, take corrective measures to remedy the lack of conformity, avoiding disproportionate costs for the company.
This warranty does not cover any damage to the Product resulting from subsequent improper storage or protection. We recommend inspecting the Product upon delivery. Furthermore, this warranty will be immediately void if the Product is tampered with or modified by anyone without the authorization of Raúl Asencio Pastelerías, S.L.
Returns of Products without just cause under the terms of this warranty will only be accepted when previously authorized in writing by Raúl Asencio Pastelerías, S.L., and provided that they are made in accordance with the provisions of clause 6 of these General Terms and Conditions of Sale and Warranty.
This document contains the only valid warranty recognized by Raúl Asencio Pastelerías, S.L. None of the terms and conditions granted in this warranty may be extended or modified in any way without the express consent of Raúl Asencio Pastelerías, S.L.
In the event that consumer and user protection legislation establishes presumptions regarding the existence of non-conformities at the time of delivery of the Products to the end consumer, it will be assessed whether the presumption is compatible with the nature of the Product and the nature of the non-conformity that becomes apparent. Likewise, in the case of presumptions affecting the lack of conformity, Raúl Asencio Pastelerías, S.L. shall be entitled to carry out an expert test to prove whether the lack of conformity existed at the time of delivery of the Products.

USE OF TRADEMARKS, IMAGES, LOGOS, AND DISTINCTIVE SIGNS:

The use of material protected by intellectual property rights owned by Raúl Asencio Pastelerías, S.L. by the Buyer (“Authorized” to use it), namely: trade names, logos, product names, domain names, and other signs used in advertising, social networks, websites, and on the Internet in general, must comply with the provisions of the Legal System relating to the enjoyment of use. Under no circumstances may the Authorized Party modify the appearance, structure, or content of the elements subject to authorization or add other elements, in accordance with the guidelines established by the management of Raúl Asencio Pastelerías, S.L. Failure to comply with these guidelines may serve as grounds for the imposition of a penalty.
The Authorized Party may only use the authorized elements in a manner that does not jeopardize the reputation or image of Raúl Asencio Pastelerías, S.L. If there is a risk of this happening, Raúl Asencio Pastelerías, S.L. may withdraw the authorization for their use at any time. The trademarks, images, logos, signs, and other distinctive signs identifying the Products manufactured or marketed by Raúl Asencio Pastelerías, S.L. shall be registered in accordance with the legal provisions on intellectual property and the laws and regulations in force.
Raúl Asencio Pastelerías, S.L. authorizes the use of the trademarks, images, logos, and distinctive signs associated with the Products manufactured or marketed by the Authorized Party during the term of this agreement and solely for the purpose of identifying and promoting the Products exclusively within the limits of the purpose of this agreement and for the benefit of the Grantor. The Authorized Party undertakes to ensure the protection of the trademark, logo, sign, and distinctive signs and to take the necessary actions for their effective protection.
The Authorized Party acknowledges that the use granted to it, in accordance with these General Terms and Conditions of Sale and Warranty, of the trademark, sign, and photographic and/or audiovisual material does not confer any ownership rights over them. The Authorized Party undertakes to use the trademarks, logos, signs, and photographic and/or audiovisual material of Raúl Asencio Pastelerías, S.L. peacefully, and may use all brand names in all advertising or other activities carried out by the Licensor in the context of the promotion and sale of the Products.
The Authorized Party undertakes not to register or apply for registration of any trademark, logo, or sign of Raúl Asencio Pastelerías, S.L. (or any similar ones that could be confused with those of Raúl Asencio Pastelerías, S.L.).
The Authorized Party shall notify Raúl Asencio Pastelerías, S.L. of any violation that comes to its attention of the trademarks, logos, signs, and photographic and/or audiovisual material registered by Raúl Asencio Pastelerías, S.L., as well as the industrial property rights (patents) owned by Raúl Asencio Pastelerías, S.L. The Authorized Party is free to promote the Products via the Internet, catalogs, and other commercial promotional media, but may not use the trademarks, logos, signs, and photographic and/or audiovisual material registered by Raúl Asencio Pastelerías, S.L. without first agreeing in writing on the details of such use.
The Authorized Party agrees to: 1) Not use the trademarks and signs of Raúl Asencio Pastelerías, S.L. as keywords in search engines; 2) Not create websites or domains with the trademarks or signs of Raúl Asencio Pastelerías, S.L.; 3) Not to modify images or documents created by Raúl Asencio Pastelerías, S.L. for subsequent publication in its catalogs or on the Internet; and 4) Raúl Asencio Pastelerías, S.L. may authorize the creation of profiles on social networks, provided that it is the administrator. Similarly, the Authorized Party must agree to provide access data to these networks within a maximum period of 7 days or when Raúl Asencio Pastelerías, S.L. so requires. Likewise, Raúl Asencio Pastelerías, S.L. reserves the right to request the Authorized Party, at any time, to cancel the profile on social networks.
The Authorized Party undertakes, at the request of Raúl Asencio Pastelerías, S.L., to remove all advertising, whether printed, digital, or located on the Internet, that bears the trademarks, logos, photos, data, or signs of Raúl Asencio Pastelerías, S.L. within a period not exceeding 30 days.

CONFIDENTIALITY:

The parties agree that any information exchanged, provided or created by Raúl Asencio Pastelerías, S.L. will be kept strictly confidential. The Authorized may only disclose confidential information to those who need it and are previously authorized by the party whose confidential information is involved. The following shall also be considered confidential information: a) Information which, as a whole or due to the exact configuration or structure of its components, is not generally known among experts in the relevant fields; b) Information which is not easily accessible; and c) Information which is not subject to reasonable protection measures, in accordance with the circumstances of the case, in order to maintain its confidential nature. All information sent to the Authorized Party is the exclusive property of the party from which it originates. Consequently, it shall not use the other party’s information for its own use without prior consent.

PROTECTION OF PERSONAL DATA:
- Raúl Asencio Pastelerías, S.L., in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR); Law 34/2002, of July 11, on information society services and electronic commerce (LSSICE); and Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD), informs that the personal data it holds will be included in files owned by it, the purpose of which is the management of suppliers, customers, performance of contracted services, commercial follow-up of customers, and other commercial communication actions.
- Raúl Asencio Pastelerías, S.L. will not transfer this data to third parties, except when required by law or as a result of the legal relationship. Raúl Asencio Pastelerías, S.L. also does not plan to transfer it to a third country or international organization.
- However, the owner of the personal data may, at any time, exercise their right of access, right of rectification, right of erasure (or right to be forgotten), right to restriction of processing, right to object, right to data portability, and right not to be subject to automated decisions, in the manner provided by law; that is, by sending a communication to Raúl Asencio Pastelerías, S.L., attaching a copy of your ID card/foreign resident ID card/passport.
- The data will be kept for as long as the contractual relationship is maintained, unless the owner of the personal data exercises their rights of control and, thereafter, for the time necessary to comply with any legal obligation or obligation arising from the pre-existing legal relationship.

ONLINE DISPUTE RESOLUTION:

If the Customer, as a Consumer, considers that Raúl Asencio Pastelerías, S.L. has not acted with due diligence, in accordance with the terms stipulated in these General Terms and Conditions of Sale and Guarantee, and has not offered a satisfactory solution in this regard, they may file the corresponding complaint online via the following link: https://ec.europa.eu/consumers/odr/main/?consumer-question3=N&complaintType=1&event=main.complaints.new, as online stores/e-commerce are not required to have a Complaints Form.

DISPUTE RESOLUTION AND DETERMINATION OF APPLICABLE LAW:

Unless otherwise provided in the applicable consumer and user protection regulations, any issues or disputes that may arise from the interpretation or application of these General Terms and Conditions of Sale and Warranty shall be governed by Spanish law, to which Raúl Asencio Pastelerías, S.L. and the Customer expressly submit.

Acceder