Terms and Conditions of Use
Last updated: February 22, 2021
1.- Ownership
This site is owned and operated by Logistica i distribucio pollentia 9312 SL (hereinafter Pollentia), with registered office at Plaza mayor número 7, Postal Code 07458, Can picafort, Mallorca, Balearic Islands, Spain.
Registered in the Mercantile Register of the Balearic Islands in volume 2659, sheet 195, section 8, page PM-71001.
NIF: B57782625
Email: info@pollentiafruits.com
2.- Acceptance
This online shop (hereinafter the Service) is available to any user, for their own consumption and subject to the following terms and conditions: these Conditions of Use and Contracting, our Privacy Policy and Cookies Policy, which will also always be available at the bottom of the online site and should not be used for illegal purposes or in any way other than what is contemplated therein.
To market our products, Pollentia complies with current local and European legislation, as well as its implementing regulations.
On the other hand, we inform you that for legal reasons we archive the electronic documents in which purchases are formalised. You will be able to access these documents at any time by requesting them at: info@pollentiafruits.com
3.- Description of the Service
Through the Service, Pollentia allows the purchase of fruit and vegetables, food, drugstore and hygiene products and parapharmacy.
The language in which the contract between Pollentia and the buyer will be concluded will be Spanish, English or German. In case of conflict between them, the Spanish version shall prevail.
The purchase process in the online shop is as follows:
-
The product catalogue appears on the website divided into categories so that you can select the desired product.
-
After selecting the product, it will be included in the shopping basket. You can then continue shopping for more products or go to checkout.
-
Once you have completed your selection, you will be asked to fill in your personal data, billing address, delivery method and payment method. You will also be able to add discount codes and a comment about your order.
-
In the last phase, you will be presented with a summary of the items purchased, payment method, delivery method, acceptance of the terms and conditions of the Service and the button to confirm the purchase.
-
The purchase confirmation document will be stored in your profile for consultation. In any case, you can always request it from info@pollentiafruits.com.
During the purchase process you will be able to modify the number of units, change the delivery and billing addresses, the payment method and the delivery system. To do this you must go back to the corresponding button when possible and before the final acceptance of the sale.
Once the purchase has been made, it will be confirmed by sending an email, within a maximum period of 24 hours, to the address you have indicated. The e-mail will indicate the product purchased, the amount, applicable taxes, shipping costs, the method of payment, the place and time of delivery and the applicable terms and conditions.
4.- External links
The Service may send you to other websites through links. However, Pollentia does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, Pollentia is not responsible for the quality, truthfulness or accuracy of those sites.
5.- Age
With regard to the use of the Service, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and to use it in accordance with its terms and conditions, which you fully understand and acknowledge.
You represent that all information you provide to access the Service, before and during use of the Service, is true, complete and accurate.
Mention that the legal age to drink alcohol in most countries, including Spain, is 18 years. In this sense, Pollentia will not supply or market this type of product to those who do not comply with this requirement.
6.- Intellectual and industrial property
6.1.- Own content
The content and information of the Service (among other data, text, sound, video, image or computer code), as well as the infrastructure used to provide such content and information, is the property of Pollentia or has the corresponding authorisations for its use.
Furthermore, no intellectual or industrial property rights over the website or any of its constituent elements are transferred to the client, and the reproduction, transformation, distribution, public communication, making available, extraction, reuse, resending or use of any nature, by any means or procedure, of any of them is expressly prohibited, except in cases where it is legally permitted or authorised by the owner of the corresponding rights.
For any other use of the content of the Service you need our prior written consent.
6.2.- User Content
As a user you can contribute to the Service in a variety of ways, such as sending emails, submitting suggestions or leaving comments on our blog ("Content").
We may use such Content in a variety of ways, including displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, creating derivative works from it, promoting it and distributing it.
Therefore, the Content remains your property but by submitting it you grant Pollentia a worldwide, non-exclusive, free, non-transferable and sub-licensable licence to use the Content until the Content is removed.
7.- Product delivery and availability
During the purchase process, you will be able to choose whether you prefer to pick up the desired products in the commercial establishment or have them sent to the address you indicate. In this case we inform you that we deliver to Mallorca.
The usual delivery times will be indicated during the purchase process so that you can select the day and time slot that suits you.
In any case, the date of delivery to your home may change depending on the availability of the chosen product, the warehouse of origin, the shipping area or specific circumstances of each order. It may also change due to extraordinary incidents with the carrier, weather conditions or any other type of similar difficulties in the delivery of the goods.
In any case, remember that deliveries are made from Monday to Saturday except holidays.
On the other hand, if the purchased product is not available, the consumer will be informed through the website and he/she will not be able to select it for purchase. In this case, Pollentia will offer you an alternative of equal or superior quality, with the corresponding price adjustment, which you will be free to accept or reject.
8.- Price and taxes
The prices of the products offered in Pollentia are indicated in euros (€), being recorded on the price of the products the Value Added Tax ( IVA) in force at the time of purchase.
In any case, the operation could be exempt or not subject to IVA depending on your country of residence or the condition in which you act. Therefore, in some cases the final price of the order may be altered from that shown.
The price of the products will be the one stipulated at any given time on the website, except in the case of manifest error. Although Pollentia tries to ensure that all prices shown on the website are correct, errors may occur.
If an error is discovered in the price of the products that the customer has ordered, Pollentia, after informing the customer as soon as possible, will give the customer the option of re-confirming the order at the correct price or cancelling it. If Pollentia is unable to contact the customer, the order will be considered cancelled and the amounts paid will be refunded in full.
Pollentia is not obliged to supply products (even if the Shipping Confirmation has been sent) if the error in the price is obvious and unequivocal and could have been reasonably recognised by the customer as an incorrect price.
Given the particularities of online shopping, the price of the products indicated on the website refers solely and exclusively to purchases made on the website, and does not necessarily coincide with the retail price in Pollentia shops. In accordance with the above, the price indicated on the website is only considered binding for online purchases and in no way binds Pollentia establishments.
The prices of the products may vary, but (except as stated above) possible changes will not affect orders for which a shipping confirmation has already been sent.
Finally, the buyer agrees to use the website diligently and in good faith, to pay the established price and is responsible for the veracity of the data required for the transaction.
For any clarification, incident or complaint, you can contact us at the following email address: info@pollentiafruits.com
9.- Shipping costs
To the prices indicated for each product is added a fixed amount for shipping costs, indicated in each case during the purchase process.
-
Mallorca: the shipping costs are 11.95 € (VAT included).
-
We do not ship to the mainland or to the Canary Islands, Ceuta, Melilla and outside Spain.
On the other hand, shipping will be free for orders whose total amount is greater than 60 € (IVA included).
10.- Method of payment
The online payment of the products purchased must be made in advance in full and by means of:
-
Credit and debit card: VISA or Mastercard
-
Paypal
In this sense, Pollentia informs credit and debit card holders that transactions in the online shop are carried out through a safely payment gateway, using TLS technology to guarantee the security of data transmission.
11.- Right of withdrawal, returns and refunds
11.1.- Right of withdrawal
You may cancel your order at any time and free of charge provided that you notify us before the order has been made available to the carrier for shipment.
If before the cancellation the amount of the ordered product has already been charged, the deadline for reimbursement will be up to 14 calendar days after Pollentia has been informed of the decision to cancel the order.
However, if these have already been placed at the disposal of the carrier and given the type of products marketed in our online shop, the right of withdrawal shall not apply in the following cases:
-
Food that may deteriorate rapidly or that requires refrigerated storage, in accordance with article 103, letter d) 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.
This exception shall apply to goods which, after a foreseeable period of time from the dispatch of the goods, can no longer be consumed and this circumstance shall be indicated during the purchase process.
-
Sealed foods that are not suitable for return for reasons of health protection or hygiene if they have been unsealed after delivery in accordance with article 103, letter e) 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. Such as, for example, tinned, canned or packaged products.
For non-perishable and unsealed items, the customer shall have the right to withdraw from the contract for a period of 14 calendar days without giving any reason.
To exercise the right of withdrawal you must notify us at Plaza Mayor number 7, CP 07458, Can picafort, Mallorca, Balearic Islands, Spain. You can also do so by email at info@pollentiafruits.com.
In any case, you must indicate your express decision to withdraw from the contract. You must return the order together with the delivery note and, if applicable, the invoice issued by Pollentia.
Although it is not compulsory, you can use the model withdrawal form provided in the Annex at the end of these terms and conditions.
If you exercise your right of withdrawal, we will refund all payments received, including where applicable the delivery costs, within a maximum of 14 calendar days from the date on which you inform us of your decision, provided that we have previously received the goods or you have provided proof of delivery, depending on which condition is met first. In any event, the direct costs of returning the goods shall be paid by you.
We will carry out such reimbursement using the same means of payment that you used for the initial transaction, unless you expressly indicate otherwise.
11.2.- Returns and commercial guarantee
Pollentia, as the seller, will be liable for any lack of conformity that appears within a period of two years from delivery. In such cases, the consumer and user will be able to choose between demanding the repair (in the case of goods that can be repaired) or the replacement of the product, unless one of these two options is objectively impossible or disproportionate.
In cases where, due to the costs involved in the repair or replacement, in relation to the value of the product, a price reduction will be offered.
In order to exercise this right, the consumer and user must inform the seller of the lack of conformity at the latest within two months of becoming aware of it and it must always be taken into account that the lack of conformity alleged and the time at which it is alleged must be compatible with the nature of the product.
The exercise of this right shall be free of charge for the consumer. Both to exercise it and to request further information, please contact us at info@pollentiafruits.com.
Once the request has been confirmed, the carrier will contact you to arrange the day and time of collection, at no additional charge.
On the other hand, if by mistake you were delivered a product other than the one you requested, please inform us at info@pollentiafruits.com and we will deliver the correct product, picking up the first one, without any additional charge for you.
12.- Validity of the offers
The products offered in the Service, and their prices, will be available for purchase as long as they are in the catalogue of products displayed on this website.
In any case, Pollentia reserves the right to modify the Service as it deems appropriate, and may update products and services depending on the market.
Pollentia reserves the right to change prices without prior notice.
We inform you that despite the updates that are made to the prices of the Service, they may contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.
Pollentia may also, at its sole discretion, create promotional codes which may be redeemed for products or as a discount off part of the price of the products to be purchased by the user, subject to these terms and conditions or any additional terms and conditions that Pollentia may establish specifically for each promotional code.
If you use promotional codes you agree that:
-
They must only be used for the intended purpose and in a lawful manner.
-
They may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless with the permission of Pollentia.
-
They may be invalidated by Pollentia in the event of detected non-compliance or fraud in their use.
-
May only be used in accordance with the specific conditions set out by Pollentia for such promotional code.
-
They may, depending on the terms of the code, expire before you use them.
13.- Security
As stated above, the entire purchase and sale process, as well as the transmission of your personal data and payment systems, is carried out on a safely encrypted website using the TLS protocol.
We guarantee the safety of the Service according to the present technological knowledge. However, Pollentia cannot guarantee the total future security of the Service. However, we do agree to remedy and implement appropriate corrective measures to correct any security breach as soon as possible.
You agree to notify Pollentia, immediately and via email info@pollentiafruits.com, of any situation that could lead to the impersonation of a user.
14.- Responsibility
To the extent permitted by law, the Service shall not be liable for: a) any errors or omissions in the content of the website; b) the unavailability of the website or; c) the transmission of malware or viruses through the content of the website, despite taking all necessary technological measures to prevent it.
15.- Modifications and invalidity
We may update the terms and conditions of the Service in the future, as well as features and functions of the Service itself.
We will notify you of changes to the terms and conditions by posting a notice in a prominent place on our website and/or by email.
If any provision of these terms and conditions is found, in whole or in part, to be void or unenforceable, it will only affect that provision or that part of it which is void or unenforceable. The terms and conditions shall survive in all other respects, and such provision, or the part thereof which is affected, shall be deemed not to have been made.
16.- Claims and actions derived from the contract
In case of dispute, this Service is subject to the legislation and courts of the consumer's registered address.
If the person contracting the Service is not legally considered a consumer, in the event of a dispute, the parties submit to the courts of Inca and to Spanish law.
In order to simplify the resolution of civil claims and reduce costs, we do not exclude the possibility of submitting to an Arbitration of Equity of the Court of Arbitration of the Chambers of Commerce and Industry.
In this regard, and in accordance with the applicable regulations, Pollentia informs of the existence of a European platform for online dispute resolution which facilitates the out-of-court resolution of such disputes for contracts concluded online between consumers and Internet service providers. This platform can be accessed via the following website: http://ec.europa.eu/odr
17.- Contact
For any clarification, incident or complaint, you can contact us by
E-mail: info@pollentiafruits.com
Postal address: Plaza mayor número 7, Postal Code 07458, Can picafort, Mallorca, Balearic Islands, Spain.
APPENDIX - Document to exercise the right of withdrawal
Logistica i distribucio pollentia 9312 SL
B57782625
Plaza mayor número 7, CP 07458, Can picafort, Mallorca, Balearic Islands, Spain.
By means of the following document I hereby inform you that I withdraw from the contract of sale of the following good/service _____________________________ signed with you on ___ of _______________ of ____________.
Customer's personal data (please fill in capital letters)
Name and surname _____________________________________________________
Address _______________________________________ Nº __ Floor ____ Pta. ____
C. Postal __________________ Town ___________________________________
Province ________________________________ Telephone ____________________
Email ______________________________________________________
This document will only be effective up to fourteen (14) calendar days from receipt of the product or from the contracting, in the case of services.
Date __________________________
Signature:
When you send us the withdrawal document, you agree that we may collect and process your personal data in accordance with our Privacy Policy. We collect the data in order to be able to deal with your request as a customer, the legal basis for this being the contract. In any case, you may at any time exercise your rights of access, rectification, deletion, limitation of processing, opposition and portability of your data by mail or email, as indicated in our Privacy Policy.
