Terms and Conditions

INTRODUCTION

The present document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.biscuitstore.es) and the purchase of products on it (hereinafter, the "Conditions"). Please read these Conditions, our Cookie Policy, and our Privacy Policy (together, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and our Data Protection Policies, so if you do not agree with all the Conditions and Data Protection Policies, you should not use this website. If you have any questions related to the Conditions or Data Protection Policies, you can contact us through our contact channels info@biscuitstore.com

The following Terms and Conditions have been drafted for Biscuit Store SL, (hereinafter, biscuit) to provide guidance to the website userswww.biscuitstore.esPermanently, easily and free of charge, clear, understandable, unequivocal and truthful information about the conditions that regulate the sale of our products through our website will be provided. These Conditions will be available to all users in the "Terms and Conditions" section where they can consult and print them whenever they wish.

To make purchases through our website, it is necessary for the user to expressly read and accept the current General Purchase Conditions by checking the box provided for this purpose when registering or making a purchase as a guest, so that the purchase process cannot be completed or orders placed without prior acceptance.

OUR INFORMATION

The sale of items through this website is carried out under the name Biscuit Store SL with address at Plaza del Mercat 7, 07001, Mallorca, with VAT number B87945838 and email hello@biscuitstore.es

YOUR DATA AND YOUR VISITS TO THIS WEBSITE

Your personal information or data that you provide to us will be processed in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of such information and data, and declare that all the information or data you provide to us is accurate and corresponds to reality.

Scope of the offers

The existing product offer on the sitewww.biscuitstore.esThe geographical scope will only include the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark (excluding Greenland), Slovakia, Slovenia, Spain (mainland and Balearic Islands), Estonia, Finland, France (excluding Corsica), Greece (excluding Islands), Netherlands, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Poland, Portugal (excluding Azores and Madeira), United Kingdom (excluding Channel Islands), Czech Republic, Romania, Sweden, so shipments will not be made to other areas.

If any resident in areas other than those indicated wishes to purchase any product from us, they must contact Biscuit by sending an email to info@biscuitstore.com

How to buy?

Only those over 18 years of age or those under that age who are emancipated according to the requirements established by the Civil Code will be able to make purchases on our website www.biscuitstore.es. Accordingly, the user states that they are over 18 years of age or emancipated minor and, therefore, have the necessary legal capacity to contract so that they can make purchases through our website on their own. If a minor wishes to purchase any item, their parents or legal representatives must do so, or at least have their authorization. Biscuit assumes no responsibility for purchases made by minors who do not comply with the requirements of this paragraph.

On the other hand, the guest will not be required to register but will need to provide us with their personal data necessary for shipping and, if applicable, billing.

In both cases, the purchasing process is very simple, as the user only needs to select the product(s) they wish to buy, the quantity, and add them "To the cart". When selecting each product, detailed information about it is displayed: product features, price, corresponding taxes, and shipping costs.

If the customer has a promotional code or an online voucher to benefit from the conditions and discounts indicated in it, they must include it at this time.

To complete the purchase, the customer must click on "Place order". If it is a user who has registered previously, they must identify and authenticate themselves using their username (email address) and password.

Later you will need to verify your data, unless you are acting as a guest in which case it will be the information you provide on the form provided for this purpose, in case you want to indicate different shipping and billing addresses, review the order and finally click on "Pay" to pay for the purchase by credit or debit card (VISA, Mastercard, and Maestro) or through Paypal. Any expenses incurred by the selected payment method will be the sole responsibility of the buyer.

All payments made by credit or debit card are processed through the secure payment gateway of the financial institution, which encrypts the card data. In order to provide maximum security to the payment system, Biscuit uses secure payment systems from top financial entities in e-commerce. In this sense, the confidential payment data is transmitted directly and encrypted (SSL) to the corresponding financial institution. For payments with Visa and MasterCard cards, Biscuit has introduced the SEC service (Secure E-commerce) with the international 3D Secure protocol distinguished by the Verified by Visa and MasterCard SecureCode logos. Secure E-commerce is an initiative whose basic principle is to ensure security in online transactions. When making a payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure E-commerce. Next, it will connect with the issuing bank, which will request authorization for the transaction through a personal authentication code. The transaction will only be completed if the issuing bank of the credit card confirms the authentication code. Otherwise, the transaction will be rejected.

As a complementary measure to the "Secure Payment" system and with the aim of collaborating in the prevention of fraud through the Internet, Biscuit reserves the right to verify the personal data provided by the customer and take the measures it deems appropriate (including canceling the order) so that the purchased goods are delivered in accordance with the data provided in the order.

Once the payment is validated, a purchase agreement is established between the user and Biscuit under these conditions.

The only languages in which purchases can be made are Spanish, English, and French.

Once the purchase process is completed, it will be confirmed through the "Order Confirmation" email sent to the buyer, which will also contain a description of the product with its features, price, taxes, and shipping costs, as well as the delivery time as described in the geographical scope section of the offer of these General Conditions.

The non-receipt of this message may be due to some transient communication problem on the network or to some writing error in the communicated email address. In both cases, it is advisable to contact us through the email address at hello@biscuitstore.es

After the necessary checks have been made, an email will be sent with the subject "Shipping Confirmation" or denying it if there are no stocks of any of the items included in the order.

For any questions, users can send us an email to hello@biscuitstore.es

 

Technical means to correct errors

In any case, you may correct errors related to the personal data provided during the purchase process by contacting customer service through the email address hello@biscuitstore.es

This website displays confirmation windows in various sections of the purchasing process that do not allow you to proceed with the order if the data in these sections has not been provided correctly. Additionally, this website provides details of all the items you have added to your cart during the purchasing process, so before making the payment, you can modify your order details. If you detect an error in your order after completing the payment process, you must immediately contact our customer service at the email address mentioned above to correct the error.

Item availability

All orders are subject to product availability. If difficulties arise

In case of product supply issues or if items are out of stock, we will refund any

amount that you could have paid.

 

Warranties

The products offered through this website are subject to the guarantees legally established.

In this sense and, in accordance with the provisions of article 116 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, it will be understood that the products are in conformity with the contract as long as all the requirements expressed below are met, unless, due to the circumstances of the case, any of them is not applicable:

1. a) They match the description we provide and have the qualities of the product we present through this website.
2. Be suitable for the uses for which products of the same type are ordinarily intended.
3. Be suitable for any special use required by the customer when it has been brought to our attention at the time of entering into the contract, provided that we have acknowledged that the product is suitable for such use.
4. Provide the usual quality and features of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, if applicable, any public statements about the specific characteristics of the products we have made.

According to all of the above, if any product does not comply with what was offered and with the present purchasing conditions, the customer must notify Biscuit by sending an email toinfo@biscuitstore.es 

Right of withdrawal

The user will have a period of fourteen (14) calendar days from the receipt of the order to exercise the right of withdrawal. For this purpose, the start date of this period will be the one indicated on the delivery note.

The cost of transportation for the return of the item(s) will always be borne by the customer. If the reason for the return is due to a defect in the product, Biscuit will refund this amount once we receive the product and verify that it has a defect. The products to be returned must not show signs of being used and must always have all their original tags without having been manipulated. It is very important that all products at Biscuit are washed following their specifications on the washing label.

According to the provisions of article 103 of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply, in relation to our scope of activity, in the following cases:

1. The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and have been unsealed after delivery.
2. Supply contracts for products made according to the consumer's specifications or clearly personalized, or which, by their nature, cannot be returned or may deteriorate or expire quickly.

The user will be able to exercise theright of withdrawalBy sending the completed withdrawal document along with the invoice or proof of purchase to Biscuit, sending an email to info@biscuitstore.com

In the event that the user has exercised the right of withdrawal, both parties must reciprocally refund the amounts (excluding shipping costs, except for Tara) and products, except for the exceptions provided in the Civil Code.

Once the user has exercised the right of withdrawal, Biscuit will contact them to proceed with the refund of the amount by the means selected by the user, which will be done as soon as possible and, in any case, within a maximum period of 30 days from the withdrawal.

Modification of the general purchase conditions

Modifications to legislative regulations or agreements with our affiliated establishments may require us to modify these General Purchase Conditions. Therefore, Biscuit reserves the right to modify the information and terms at any time, although these changes will not have retroactive effects on previously contracted products. We recommend users to read them each time they access our website and, in any case, whenever they wish to make a purchase, so they can freely decide if they want to continue using it and even make purchases.

In any case, the conditions that were in force at the time of each purchase will apply.

Events beyond our control

Biscuit will not be responsible for any failure or delay in the fulfillment of any of the obligations it assumes under this contract, if the cause is due to events beyond its control ("Force Majeure Cause").

Force majeure causes shall include any act, event, failure to act, omission, or accident that is beyond reasonable control and shall include in particular (without limitation) the following:

• Strikes, lockouts, riots, invasion or terrorist attack.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
• Inability to use trains, boats, airplanes, motor vehicles, or other means of transportation, public or private.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations, or restrictions from other governments.

Payment by card

In accordance with the provisions of article 112 of Royal Legislative Decree 1/2007, when the amount of a purchase has been fraudulently or improperly charged using the payment card number, the consumer and user who is the cardholder may demand the immediate cancellation of the charge. In this case, the corresponding debit and credit entries in the accounts of Biscuit and the consumer and user who is the cardholder will be made as soon as possible.

However, if the purchase had indeed been made by the consumer and user who is the cardholder and the demand for a refund is not a result of exercising the right of withdrawal or resolution, the consumer will be obliged to compensate the entrepreneur for the damages caused as a result of said cancellation.

Suggestions, complaints and claims

Users of the websitewww.biscuistore.esYou can send us your suggestions, complaints, and claims through the website itself by sending an email toinfo@biscuitstore.es 

Privacy policy, legal notice, and data protection

At Biscuit, we care about the personal data we process and about complying accurately with the current regulations on the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC.

Accordingly, the following issues regarding the processing of personal data that we carry out are reported.

Data controller:Biscuit Store SL (hereinafter, Biscuit), with VAT number B87945838, and address at Plaza del Mercat 7, 07001, Mallorca and email:info@biscuitstore.es 

Purpose of data processing:For the proper maintenance, development, compliance, and control of the contractual relationship with customers, for the management and shipping of orders or purchases they make, and the services they demand.

Similarly, we will use the identifying and contact information of customers to send, by electronic or non-electronic means, commercial information of interest about offers, promotions, products, and services.

Legitimation of the treatment:The legal basis for the processing of customers' personal data is the execution of the contract or orders they place.

Regarding the sending of commercial information, the legal basis is the satisfaction of legitimate interests pursued by Biscuit, as provided for in article 6.1. f) of the GDPR. This will be without prejudice to the possibility that the customer has to object to the sending of that commercial information.

Recipients of the data:Personal data of customers will be communicated to the tax administration for compliance with legal and tax obligations, as well as to the financial institution(s) through which Biscuit manages collections.

However, to manage in a more efficient, dynamic, and operational way and to have better control of the informative communications we send by email, we use MailChimp, a platform developed by The Rocket Science Group Llc, an entity certified under the EU-U.S. Privacy Shield. Information available at: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active. Privacy policy of The Rocket Science Group Llc: https://mailchimp.com/legal/privacy/.

Data retention period:five yearscorresponding to the prescription of tax obligations, as established by tax regulations. Same deadline for the exercise of personal actions that do not have a special prescription period, as contemplated in article 1,964 of the Civil Code.

Six years:Regarding books, correspondence, documentation, and receipts related to the business, as required by Article 30 of the Commercial Code.

Ten years:The documentation formalizing compliance with the obligations established in Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism, as required by its article 25.

Data protection rights:

• Right to request access to your personal data: In order to know and verify the lawfulness of the processing, you may request us at any time confirmation of whether Biscuit is processing your personal data and, in that case, we will inform you, among other things, about what data we are processing, its purpose, origin of the data, expected retention period of the data, and, if applicable, recipients or categories of recipients.
• Right to request rectification: you may request us to rectify personal data that is inaccurate or to complete data that is incomplete, even by means of an additional statement. In such case, you must indicate in your request which data you are referring to and the correction that needs to be made, and you must provide, if applicable, supporting documentation of the inaccuracy or incompleteness of the data being processed.
• Right to request deletion ("right to be forgotten"): you can request us to delete your personal data and stop processing it if it is no longer necessary for the purposes for which it was collected or processed in another way, withdraw your consent, have been processed unlawfully or must be deleted to comply with a legal obligation.
• Right to request the limitation of the processing of your personal data: in this case, Biscuit will only keep your personal data for the formulation, exercise, or defense of claims, or for the protection of the rights of another natural or legal person or for reasons of important public interest.
• Right to data portability: you can request us to deliver your personal data to you or to another controller indicated by you, in a structured, commonly used, and machine-readable format.
• Right to object to processing: Biscuit will stop processing your personal data in the manner you indicate, unless we have to continue processing it for compelling legitimate reasons or for the formulation, exercise, or defense of possible claims.

To exercise your data protection rights: to exercise your rights, you must send us a written request addressed to Biscuit, Plaza del Mercat 7, 07001, Mallorca, always including a photocopy of your ID card.

Biscuit will respond to all requests within the deadlines and conditions required by current regulations on the protection of personal data.

To file a complaint with the Spanish Data Protection Agency: if you believe that we have not properly handled your personal data or have not adequately addressed your data protection rights, you can file a complaint with the Spanish Data Protection Agency, either through its electronic headquarters or at its address, at 6 Jorge Juan Street, Postal Code 28001 in Madrid.

More information about data protection rights and claims before the Control Authority atwww.agpd.es.

Jurisdiction

According to the regulations applicable as described in the previous section, for any dispute or conflict that arises between the users of the website www.biscuitstore.es and Biscuit, the parties expressly agree to submit in any case to the Spanish Courts and Tribunals, being in any case those that correspond in accordance with the provisions of Spanish procedural law.

Applicable legislation

The activity carried out through the websitewww.biscuitstore.esThe online store is subject to the current Spanish legislation, including, among others, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Royal Decree 1720/2007, of December 21, approving the Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Civil Code, and Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for Consumers and Users and other complementary laws.