These Terms & Conditions of Use and Contracting (hereinafter, ‘the Terms & Conditions’) govern, together with the ​Privacy Policy and the ​Cookies Policy​, the access and use of the website https://spainery.com/ and the associated iOS / Android mobile applications (hereinafter, the ‘Portal’) as well as the contracting of products and / or services through them. The simple access to the Portal attributes to the person who performs it the condition of Portal User (hereinafter, “the“ User ”) and implies acceptance of all the terms included in these Terms & Conditions. In case of not agreeing with these Terms & Conditions, the User must immediately leave the Portal without using it.

 

By accepting these Terms & Conditions, the User states:

• That he / she has read and understood what is stated herein.
• That he / she is of legal age in accordance with the laws ruling in his / her place of residence, otherwise the minor must have the authorization of his legal representatives.
• That, in the event that you are willing to contract a product and / or service, you have sufficient capacity to do so.
• That he / she assumes all the obligations set forth herein.

 

The User must carefully read these Terms & Conditions each time he / she accesses the Portal, since the Portal and these Terms & Conditions may be modified.

 

SPAINERY ​reserves the right, in its sole discretion, to modify the ​Terms & Conditions for the Services and, in general, of how many elements make up the design and configuration of the Portal, by providing notice to the User that the ​Terms & Conditions have changed, either by email, or through the Services (such as through a notification in the User’s account dashboard). The User is responsible for reviewing and becoming familiar with any modifications to the ​Terms & Conditions. Modifications are effective when posted, and User ́s use of the Services following any such posted modification and notice of the same constitutes User’s acceptance of the ​Terms & Conditions​ as modified.

 

The modification of these Terms & Conditions will not affect the goods or promotions that had been acquired prior to their modification.

 

In the event that SPAINERY entrusts a trusted third party with the custody of the successive versions of the Terms & Conditions, both parties recognize as the only valid version of those conditions at all times the one that appears in the database of the trusted third party.

 

1. General information of the Portal

 

 

Owner: SPAINERY FOODS SL (hereinafter, ‘SPAINERY’). Registered address: C / Tomillo, 8 – 13005 CIUDAD REAL. CIF / Tax ID Number B01645407 E-mail: hello@ spainery.com Telephone: +34 621 021 265 / +49 17620638697 Registration details: Company registered in the Commercial Registry of Ciudad Real: Volume 674, Sheet 6, Page CR-31229, 1st Inscription.

 

2. Terms of use

 

2.1. Access to the Portal

 

 

2.2. Need for registration

 

 

2.3. Rules of use of the Portal

 

The User is obliged to use the Portal and all its content and services in accordance with the provisions of the law, morality, public order and these Terms & Conditions. Likewise, it is obliged to make proper use of the services and / or contents of the Portal and not to use them to carry out illegal activities or constitute a crime, that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property, or any other rules of the applicable legal system.

 

The User is obliged to not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Terms & Conditions. By way of example, and in no case limiting or excluding, the User is obliged to:

 

I.- Not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology for terrorism or that violate human rights.

 

II.- Not to introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its providers or third-party Internet users.

 

III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.

 

IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.

 

V.- Do not transmit unsolicited or authorized advertising, advertising material, ‘junk mail’, ‘chain letters’, ‘pyramid structures’, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.

 

VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

 

VII.- Not to impersonate other Users using their registration passwords to the different services and / or contents of the Portal.

 

VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Portal or to third parties.

 

IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on personal data.

 

The User is obliged to hold SPAINERY harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User’s breach of any of the aforementioned rules of use, and SPAINERY also reserves the right to request the corresponding compensation for damages.

 

Sometimes, SPAINERY will provide the User through its communications (such as periodic newsletters) a link that will allow them to access their personal account. That access will be carried out through a unique and private address, so that the User may not need to enter their access passwords in the Portal. Consequently, the User must treat the communications of SPAINERY confidentially and avoid from sending them to third parties, in order to avoid unauthorized access to the private information of their account.

 

2.4. Liability Exclusion

 

User access to the Portal does not imply for SPAINERY the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.

 

SPAINERY is not responsible for the damages produced in the software and computer equipment of the User or third parties during the use of the services offered on the Portal.

 

SPAINERY is not responsible for damages or losses of any kind caused to the User that cause failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.

 

2.5. Contents and services linked through the Portal

 

The access service to the Portal may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, ‘Linked Sites’). In these cases, SPAINERY will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he or she may notify SPAINERY, without this communication entailing the obligation to remove the corresponding link.

 

In no case, the existence of Linked Sites should presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of SPAINERY with the statements, content or services provided.

 

SPAINERY does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to SPAINERY.

 

2.6. Intellectual and industrial property

 

All the contents of the Portal like the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes , are the intellectual property of SPAINERY or third parties. None of the exploitation rights recognized by current regulations on intellectual property over them are transferred to the User.

 

The trademarks, trade names or distinctive signs are owned by SPAINERY or third parties, and the access to the Portal does not attribute any right over them.

 

In any case, the User knows and accepts that the ratings and comments made on the products available through the Portal may be accessible to the rest of the Users of the Portal, including the identity of their author. Specially the comments freely introduced by the User on the Portal, whether they include or not an opinion or description of the products offered (hereinafter, “the Contents”). The User grants SPAINERY a non-exclusive, worldwide license of use (with the maximum duration legally established) On the basis of that license, SPAINERY may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of being able to provide the services offered by SPAINERY and advertise its products and services.

 

3. Contract conditions

 

3.1. User registration

 

The use of the services provided by SPAINERY implies the obligation of the User to be registered on the Portal.

 

The User can register only as one of the two types of user that SPAINERY offers to provide services: as an “Spanish supplier” (hereinafter, “Seller”) or as an “European retailer” (hereinafter, “Buyer”).

 

If you are an User registered as Buyer (“Retailer”), you must have the legal capacity to act on behalf of your company and you will be required to provide: your name and surname, corporate email, telephone number and position in the company. It will also be required all the data corresponding to the legal person that will always be the Buyer, payer and invoicing object such as: company name, billing address, CIF / Tax ID Number, intra-community CIF / Tax ID Number CAE / Excise Number (in the case of being an importer of wine or alcoholic beverages), shipping address, company description, company type, company website and logo. ​Once the registration is completed, a message will be sent to the designated email account with a link that the User must click on to confirm that he / she has access to it.

In any case, SPAINERY will verify the authenticity of the profile of each Buyer to protect the integrity of the Portal as a measure of protection for all the Users of the Portal.

 

If you are a registered user as a Seller (‘Supplier’), you must have the legal capacity to act on behalf of your company and you will be required to provide: name and surname, corporate email, telephone number and position in the company. The data corresponding to the legal person that will always be the Seller, creditor and issuer of the invoices issued to SPAINERY will also be required: company name, billing address, CIF / Tax ID Number, intra-community CIF / Tax ID Number CAE / Excise Number (in the case of being a producer of wine or alcoholic beverages), pick up addresses, the description of the company, the type of company, the company’s website, the name of its brands, its logo, a profile image and images of its facilities. ​Once the registration is completed, a message will be sent to the designated email account with a link that the User must click on to confirm that he / she has access to it.

 

Likewise, the Seller will be required to provide all the data referring to the products (hereinafter, “the Products”) that are to be displayed, promoted or sold on the Portals: product name, category, subcategory, SKU code, weight or capacity , nutritional label, ingredients, description, format, certificates and, in general, any data that SPAINERY uses to verify the truthfulness of the product and its qualities claimed by the Seller. In addition, depending on the product category, data related to specific attributes of that category will be required to help the Buyer navigate and filter the search results in accordance with the commercial criteria established by SPAINERY in the Portal.

 

In any case, SPAINERY will verify the authenticity of the profile of each Seller to protect the integrity of the Portal as a measure of protection for all the Users of the Portal. SPAINERY will also verify the authenticity and veracity of the Products for the same reasons explained above.

 

In any case, if you provide or otherwise process the Personal Data of third parties in the use of the Portals, you guarantee at this time – assuming all related responsibility – that this particular case of treatment is based on an appropriate legal basis in accordance with art. 6 of the RGPD that legitimizes the treatment of the information in question.

 

The User will be required to accept these Terms & Conditions, as well as the ​Privacy Policy ​and the Cookies Policy​.

 

3.2. Right to User services subject to continuing User Approval

Prior to using the Services, you must be approved as an User (“Seller” or “Buyer”) based upon completion of the SPAINERY User ́s Checklist, submission of appropriate supporting documentation identified on the SPAINERY User ́s Checklist. Once approved, SPAINERY grants the User a nonexclusive, non-transferable, right to use the Services. SPAINERY does not transfer any right, title, or ownership interest of any kind in the Services. The User has an affirmative duty to ensure that the information and documents provided to SPAINERY are up to date, and accurately reflect the information for Products (in the case of “Sellers”) At any time, the User may be asked to revise, update, or resubmit the SPAINERY User ́s Checklist and any appropriate supporting documentation to requalify as an User. Failure to timely submit the SPAINERY User ́s Checklist or any supporting documents; making any misrepresentation or false statement in the User ́s Checklist or any supporting documents; failure to timely update or submit new documentation due to changes in the Products; or in SPAINERY ́s sole and exclusive discretion, failure to submit adequate supporting documents requested by SPAINERY personnel may result in the immediate termination of the right to use the Services.

3.2. Service changes and limitations

The Services currently consist of, but are not limited to, the opportunity to list products produced by the Seller, for sale to retail, wholesale, and other customers (“Buyers”) of SPAINERY through the Site. The Services may change from time to time, and their form and functionality may change without prior notice to the User. SPAINERY retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice or liability. SPAINERY may also impose limits on certain Services or aspects of those Services or restrict User’s access to parts or all of the Services without notice or liability. SPAINERY may change, suspend, or discontinue any or all of the Services at any time, including the availability of any service, feature, database, or content. SPAINERY may also suspend accounts (as defined below) at any time, in its sole discretion.

3.3. Maintenance and support

SPAINERY is solely responsible for providing any maintenance and support services with respect to the Services. Any questions, complaints or claims with respect to the Services should be directed to SPAINERY ́s User ́s Service at the following email address: hola@spainery.com 

3.4. Access to the Services

 

Once the User is correctly registered on the Portal, he can at any time access his dashboard by clicking ‘Sign In’.

 

In their Dashboard, the Users registered as a Seller can modify their personal data, company data (fiscal address, website, logo and images), pick up addresses, as well as all data related to the Products. In the Dashboard, the Seller can also deactivate or delete any of the Products from his / her catalog at any time. The Seller can also freely access his / her orders, sales history and the reviews made by a Buyer about the Seller ́s company. The Seller may request to unsubscribe as a User at the time that he wishes in writing to suppliers@spainery.com. 

 

In their Dashboard, the Users registered as Buyer can modify their personal data, company data (fiscal address, website, logo and images), shipping addresses and also check the Buyer ́s reviews, the Wishlist and the order history. The Buyer can request the withdrawal as an User any time he / she wishes by writing to retailers@spainery.com. 

 

3.5. Conditions and shipping costs

 

SPAINERY only ships products to the Member States of the European Union: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland , Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Czech Republic, Romania and Sweden. ​With the due exception of remote places or places impossible to reach under normal conditions. ​It will not be possible to carry out the purchase process through the Portal to destinations other than those indicated.

 

The purchase of products in the Portals is subject to the payment of shipping costs (international shipment), at the Buyer’s expense.

 

Shipping costs will depend on the destination and the number of products purchased. In any case, the actual shipping costs will be detailed throughout the purchase process and the Buyer will have the possibility to review these costs before finalizing the purchase. SPAINERY cannot be held responsible for the delay in the delivery of orders for reasons not directly attributable to SPAINERY, acts of God or force majeure.

 

Shipping costs include the transportation of products, packaging and insurance against loss or breakage. Shipping costs do not generally include VAT as the Buyer is in any case an authorized intra-community operator registered in the ROI and, therefore, the transaction is exempt from VAT. Shipping costs may include VAT when the Buyer is a German Company.

 

Orders will be delivered to the shipping address freely designated by the Buyer. SPAINERY will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy or falsity of the data provided by the Buyer for this purpose, as well as in the event that the delivery cannot be made for reasons beyond SPAINERY’s control, such as the absence of the recipient at the delivery address.

 

In the absence of the recipient and whenever possible, a note will be left with the necessary information to agree on a new delivery at the recipient’s address or the necessary instructions for the recipient to pick up the product at a certain place. In any case, after 7 days from the last delivery attempt without the order having been delivered, it will be returned to origin proceeding to terminate the contract.

 

3.6. Shipping terms

 

The delivery time of the orders will vary:

 

• Depending on the Buyer’s shipping address and, therefore, on the region and country in which they are located. The duration of the international shipment is determined by the distance.

 

• Depending on whether the Buyer has purchased products whose Seller is located in the Balearic Islands or in the Canary Islands, which generates an extraordinary delay of 48 to 72 hours.

 

The delivery period will therefore be between a minimum of 8 and a maximum of 18 working days.

 

The indicated deadlines start counting from the business day following the order confirmation.

 

3.7. Premium service

 

SPAINERY does not currently offer any service qualified as Premium.

 

3.8. Buyer’s Satisfaction Commitment

 

All the products sold through the Portals have the guarantee offered by their producers. In addition to this guarantee, SPAINERY offers a series of added guarantees to protect the Buyer in order to ensure his / her satisfaction:

 

Replacement due to product breakage

 

If any product arrives at the Buyer’s shipping address in poor condition or damaged in such a way that it is considered not suitable for sale, SPAINERY offers the Buyer the following replacement options:

 

• Replace the affected products.
• Offer a credit equivalent to the amount of the affected products + 10% extra, for the Buyer’s next orders. The amount will be credited directly in the Buyer’s account in the Portal.
• Proceed to refund the amount corresponding to the affected products.

 

In order to qualify for these guarantees, the Buyer must inform SPAINERY of the incident within a maximum period of 24 hours from the receipt of the shipment, which means that the Buyer is responsible for reviewing all the goods upon receipt of the same. Likewise, to be eligible for these guarantees, the Buyer must not have signed the carrier’s delivery conformity sheet and must graphically document the damage at the time of delivery of the goods. It is the Buyer’s obligation to provide evidence proving that the products were damaged before the time of delivery and not after it.

 

Replacement due to product defects

 

In the case of perishable goods, there is no right of withdrawal. However, if the Buyer considers that any of the Products is, at the time of receipt of the order, in conditions that make it unfit for sale, SPAINERY offers the Buyer the following replacement options:

 

• Replace the affected products.
• Offer a credit equivalent to the amount of the affected products + 10% extra, for the Buyer’s next orders. The amount will be credited directly in the Buyer’s account in the Portal.
• Proceed to reimburse the amount corresponding to the affected products.

 

In order to qualify for these guarantees, the Buyer must inform SPAINERY of the incident within a maximum period of 48 hours from the receipt of the shipment, which means that the buyer is responsible for reviewing all the goods upon receipt of the same. The Buyer must send SPAINERY graphic proof of the defects that he considers that the products in question have.

 

In the case of durable goods, the Spanish Royal Legislative Decree 1/2007 of November the 16th grants them a legal guarantee of 2 years from the date of delivery. In those incidents that justify the use of the guarantee, the option will be to repair, replace the item, discount or return, in the legally established terms.

 

Replacement due to product quality issues

 

If, after receiving and reviewing it, the Buyer considers that any of the products does not meet the truthfulness and quality requirements established in the Portal, SPAINERY offers the buyer the possibility of carrying out a proof of quality. In the event that, in fact, the affected products do not comply with the established standards and requirements, SPAINERY offers the Buyer the following replacement options:

 

• Replace the affected products.
• Offer a credit equivalent to the amount of the affected products + 10% extra, for the Buyer’s next orders. The amount will be credited directly in the Buyer’s account in the Portal.
• Proceed to reimburse the amount corresponding to the affected products.

 

In order to qualify for these guarantees, the Buyer must inform SPAINERY of the incident within a maximum period of 48 hours from the receipt of the shipment, which means that the buyer is responsible for reviewing all the goods upon receipt of the same. The Buyer must send SPAINERY a written description of the problems that, in his opinion, the affected products have.

 

The Buyer must provide SPAINERY with one of the products from the affected batch in order to carry out the quality test. The Buyer will be informed of the result of the quality test. If the test is positive and the quality of the product has been affected, the Buyer must return the rest of the product units that have not been tasted in perfect condition (not damaged, dirty or opened by the Buyer), properly protected and, ideally, in its original packaging. After SPAINERY has checked that the products are in good condition, the amount corresponding to the units returned will be reimbursed within a maximum period of 10 calendar days using the same means of payment that the Buyer used for the initial purchase.

 

3.9. Selection of products by the Buyer

 

Any User registered as a Buyer may contract the purchase of products through the Portal.

 

The minimum unit of sale in the Portal is a box. A box will contain the number of product units that the Seller has indicated and that will appear on the product ́s card. The Buyer will always be able to see the price per unit and the price per box on each product. Each product has a minimum order, established by the Seller, of a specific number of boxes. The minimum order will also appear described in the product ́s card.

 

The purchase process in SPAINERY is based on a virtual basket / cart, to which the Buyer can add the products from the Catalog that he wishes to purchase. To add products to the shopping cart the Buyer must click in ‘Add to cart’. The User can access and modify the contents of the basket / cart at any time.

 

3.10. Processing the order

 

Once the products the Buyer wish to purchase are in the shopping cart, the Buyer may start the processing of the order by selecting the option ‘View Shopping Cart’, an option that will show the Buyer the content of the virtual basket / cart, allowing the modification of the selected products and their removal from the shopping cart.

 

The Buyer must ensure that the products indicated on the screen are the ones he wishes to purchase and if everything is in order click on “Proceed to Checkout”. In the next step, the Buyer must select one of his / her shipping addresses. At this point the total price of the selected products and the shipping costs generated are shown. In this section, the Buyer can also view the promotions automatically applied to their order, use the promotional codes and / or gift vouchers available to them.

 

In the next phase of the purchase process, the Buyer must select the payment method. At this moment, the exact amount to be paid is indicated to the Buyer, resulting from adding the price of the products and the shipping costs.

 

Following the link ‘PLACE ORDER’, the Buyer will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming the order information on the screen and sending an email to the Buyer confirming the operation. Some orders may be pending confirmation while waiting for one or more of the Sellers of the products to confirm their stock availability. In this case, the amount paid by the Buyer will be blocked until the moment of confirmation, which may take some hours.

 

3.11. Price of the products

 

The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in the Euro currency (€) and are net prices, that means that they do not include Value Added Tax (VAT).

 

3.12. Payment

 

The purchase of products through the SPAINERY payment gateway allows the following forms of payment:

 

• Payment by debit or credit card (VISA, MASTERCARD, MAESTRO and AMERICAN EXPRESS) through the STRIPE virtual POS.
• Payment by Google Pay, through the STRIPE virtual POS.
• Payment by Apple Pay, through the STRIPE virtual POS.
• Payment by Carte Bancaire, through the STRIPE virtual POS.
• Payment by Sofort Überweisung, through the STRIPE virtual POS.
• Payment by SEPA Direct Debit, through the STRIPE virtual POS.

 

SPAINERY does not have, in any case, access to the bank details linked to the payment gateway and does not know or record these data during the payment transaction.

 

3.13. Confirmation of receipt of acceptance

 

Once the purchase process is completed, the Buyer will receive, at the email address designated in the registration form, a communication specifying the characteristics of the products, price, contract date , order number and approximate delivery date. Likewise, a permanent link to these contracting conditions will be sent to the email address provided by the Buyer. The Buyer may request at any time, free of charge, a copy of the Terms & Conditions applicable at any time to SPAINERY or to any third party designated for registration and version control, if applicable.

 

4. Specific contracting conditions for the User registered as a Seller

 

4.1. Price and duration of the service

 

The creation of a basic Seller account will be completely free. The account will be active for as long as the Seller wishes and the Seller may cancel his / her account at any time. The Seller’s account could also be terminated if SPAINERY decides to close the Portal, cease its activity or due to the termination of the trading company itself. SPAINERY may close and delete an account if the Seller does not comply with the obligations detailed below in this contract.

 

4.2. Service characteristics

 

SPAINERY offers the Seller all the basic services associated with a free account. These services include:

 

• Creating a unique company profile.
• The publication of that company profile in the Portal.
• The possibility of publishing an unlimited number of products in the Portal ́s Catalog.
• The possibility of selling the products published by the Seller on the SPAINERY ́s B2B Marketplace.
• The ability to directly control all the relevant parameters for the sale of the Seller’s products through the Seller ́s Dashboard (prices, stock, pick up addresses, etc.).
• Real-time access to the Seller ́s sales history and the analysis tools available at every moment in the Portal.

 

4.3. Type of product

 

The Seller may publish and sell only food products that are CPG (Consumer Packaged Goods) exclusively, with the exception of those products that may be considered accessories to the former. And from those, only food products whose transport must be carried out dry, temperature controlled or refrigerated. Frozen products that therefore require transport and frozen storage cannot be published or sold on the Portal.

 

Products in bulk or fresh products that are not contained in a container can not be published or sold. In addition, restrictions could be imposed on certain alcoholic beverages and on products with a very short shelf life (less than 3 months)

 

4.4. Setting product prices

 

The Seller will be able to set by himself (through the Dashboard) and with complete freedom the net price of each of the uploaded products. The net price (Ex Works price) set by the Seller must include national transport to Spainery’s central warehouses in Spain. The net price set by the Seller will be the one that the Seller will invoice to SPAINERY for each order.

 

4.5. Products delivery

 

The transport to the central warehouses of Spainery in Spain will always be carried out by the Seller. The Seller assumes that this service must be taken into account when setting the prices of the products that he / she has uploaded for sale in the SPAINERY B2B Marketplace.

 

4.6. Seller’s obligations

 

The Seller accepts and is obliged to follow a series of conditions so that SPAINERY can guarantee the integrity of the Portal, the veracity of the contents published in it, the correct functioning of the service and the appropriate experience for any of its Users, both Sellers as Buyers. Therefore, the failure to comply with any of these obligations may cause, prior notice, the termination of the Seller’s account. SPAINERY will warn the Seller in case of breach of any of these obligations, always with the intention of avoiding the extinction of the Seller’s account. However, the repeated breach of one or more of these obligations will lead to a final notice that will have as an immediate consequence the unilateral resolution of the contract by SPAINERY and the extinction of the Seller’s account.

 

These obligations are the following:

 

• Veracity of the contents. The Seller must ensure that the content and information provided in the Seller’s profile and on every product sheet are strictly truthful. The quality of the products must correspond to the descriptions that the Seller has made of them.

 

 

• Veracity of the images. The Seller is obliged to upload product images that are true and completely faithful to reality.

 

 

 

• Inventory / Stock update. The Seller must keep the inventory of each and every one of his / her products updated at all times. This inventory must be updated periodically as a rule, especially after receiving an order.

 

 

 

• Compliance with the delivery time. The Seller accepts and is obliged to prepare and have ready the orders that a Buyer has placed on the Portal for its products between 24 and 48 hours (counting only within working days) from the moment the order is received per email. Likewise, the Seller is obliged to deliver each order to Spainery’s central warehouses in Spain in a maximum period of 96 hours (counting only within working days) from the moment the order is received. These terms will be more lax (between 48 and 72 hours extra) if the Seller is located in the Balearic Islands or in the Canary Islands.

 

 

 

• Compliance with the quality commitment. ​The Seller is responsible for the products to comply with the quality standards that the Seller himself has published on the Portals for each of the products. The supply of defective products or products that do not comply exactly with the information provided by the Seller himself will be considered a very serious infringement of the Seller’s obligations, which will be penalized proportionally.

 

 

4.7. Terms of payment to the Seller

 

SPAINERY will pay the orders to the Seller, as a general rule, within 30 days of the receipt of the goods at Spainery’s central warehouses in Spain. There are some exceptions:

 

• When the order made to the Seller exceeds the amount of 1000 Euros, the Seller can require an upfront payment.

 

• When the payments pending collection accumulated by the Seller exceed 1000 Euros, the account will be settled and SPAINERY will pay the Seller the amount pending until that moment.

 

5. Pricing & fees

 

Both the Seller and the Buyer accept the pricing policy that SPAINERY sets and that will always be available in the “Pricing” section of the Portal.

 

An added percentage over the orders placed through the SPAINERY B2B Marketplace covers the service. The fee is added to the price chosen by the Seller for its products. The percentage is added and not deducted, so the Seller will always be paid the net price he / she set for his / her products.

 

Service fees are volume-based.

 

Spainery B2B Marketplace		1. Start	2. Lift off	3. Boost
	Added Fee	25%	22%	19%
	Net Sales	€ 0 – €999 per month	€ 1.000 – €1.999 per month	€2,000+ per month
Spainery Drop		10%*

 

* Spainery Drop

Any Buyer can place orders on the B2B Marketplace with the Spainery Drop format at a 10% service fee. The special fee will be applied automatically when the shopping cart / basket contains products from a single Seller.

 

6. Nullity and invalidity of the clauses

 

If any clause included in these Terms & Conditions is declared totally or partially, null or invalid, such nullity or invalidity will only affect that provision or the part of it that is null or invalid. The present Terms & Conditions subsist in everything else, considering such provision totally or partially as not included.

 

7. Applicable legislation and competent jurisdiction

 

In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an extrajudicial resolution of disputes in consumer matters accessible through the Internet address https://ec.europa.eu/consumers/odr/.

 

These Terms & Conditions will be governed and interpreted in accordance with Spanish legislation. SPAINERY and the User agree to submit any controversy that may arise from the delivery of the products or services that are the object of these Terms & Conditions, to the Courts and Tribunals corresponding to the User’s domicile.

 

Last update: March the 1st, 2021