Terms and Conditions

1.- Introduction

This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this website (https://melcaramel.com) and the purchase of its products (the “Terms”).

Please read these Terms, our Cookie Policy and our Privacy Policy carefully before using this website.

By using this website or placing an order through this website you agree to be bound by these Terms and our Data Protection Policy. If you do not agree to all of the Terms and Conditions and the Privacy Policy, you should not use this website.

If you have any questions regarding the Terms and Conditions or the Data Protection Policy, please contact us at marti@melcaramel.com.

2.- Our details

Mel Caramel is the commercial name used by Martí Mascaró Capó for the online sales project.

The present Conditions regulate the access and use of the website https://melcaramel.com (hereinafter, the Website) owned by Martí Mascaró Capó (hereinafter, Martí Mascaró Capó), with NIF:43058589J and with registered office at Carrer Pintor Miquel Àngel, 28,2 07300 Inca, Mallorca, as well as the services and products offered by Martí Mascaró Capó on its website.

Martí Mascaró Capó offers this website subject to the present Conditions. By visiting the website or using the services or applications of the website, the user accepts these Terms and Conditions.

Users are not required to register to access the website. However, in order to contract any of the services offered by Martí Mascaró Capó, the User must register and accept these conditions before formalising payment.

The present Terms and Conditions of Martí Mascaró Capó described below define the rights and obligations of Martí Mascaró Capó and the Users within the framework of the website. These are the only Terms and Conditions applicable to the use of the website (although for certain services there could be particular conditions), including the contracting of orders through the e-commerce and they replace other conditions, unless previously agreed in writing between Martí Mascaró Capó and the User.

3.- User Data

In order to purchase the products offered through the Web Site it will be necessary for the User to register through the registration form available on the Web Site.

The User will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his/her computer and passwords to prevent unauthorised use.

In the event that the User has reason to believe that his/her data have been made known to a third party, or if they have been used in an unauthorised manner, or are susceptible to unauthorised use, he/she must inform Martí Mascaró Capó immediately of this situation.

The User must check that his data are correct and complete and inform Martí Mascaró Capó when there is any variation and/or modification in the information provided in the purchase process. This can be done through the contact form or by sending an e-mail to marti@melcaramel.com.

4.- Orders and purchase conditions

The services and products offered through the Martí Mascaró Capó website are intended for the purchase by users of food products related to beekeeping (honey, pollen, propolis, etc.).

In order to place an order with Martí Mascaró Capó, the User must be over 18 years of age.

In order to place orders through the Web Site, the User must provide a series of data prior to the contracting, through the purchase form, and which will be necessary to be able to manage the purchase order.

Once the details on the form have been completed, the User must proceed to pay for the order using the means of payment specified on the Website.

Once payment has been made, the User will receive an e-mail confirming the order, which will include a summary of the items purchased, the shipping method requested and the destination address.

If at the time of payment there is an incident that prevents payment, the User will receive an automatic payment error message and the order will not be processed until the payment process has been successfully completed.

The prices of the services are expressed in Euros (€). The products include taxes and handling fees. Shipping costs will be indicated at the time of final confirmation of each order.

All prices shown are final prices, excluding shipping costs, expressly including Value Added Tax (VAT), without prejudice to the fact that the user will have detailed information on the price of the product at all times.

Martí Mascaró Capó may periodically offer discount codes to its Users. These discounts can only be applied according to the instructions specified by Martí Mascaró Capó with respect to each code, and in any case the Users will only be able to use a single code for each order.

The use of discount codes will not be compatible with certain promotional actions and packs.

5.- Shipping

Martí Mascaró Capó will ship orders in all the territories of the European Community.

Unless there are specific requests for products out of stock, or unforeseen or extraordinary circumstances occur, the order will be shipped consisting of the product/s listed in each Shipping Confirmation within a maximum period of 7 working days from the date of the Order Confirmation.

If for any reason we are unable to meet the delivery date, we will inform the User of this circumstance and give him/her the option of continuing with the purchase, setting a new delivery date or cancelling the order with a full refund of the price paid.

For the purposes of these Conditions, it will be understood that “delivery” has taken place or that the order has been “delivered” at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

6.- Returns

Legal right to withdraw from the purchase

The User does not have the right to withdraw from this contract as it is a food product, as stated in RDL 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users.

Returns of defective products

In cases where the User considers that at the time of delivery the product does not conform to the stipulations of the contract, he/she should contact us immediately at marti@melcaramel.com or through our contact form, providing the details of the product and the damage it is suffering. You can return the product by sending it to the address indicated above. We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement is appropriate. The refund or replacement of the item will be made as soon as possible and in any event within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item. Amounts paid for products which are returned to us because of a defect or fault, where such a defect or fault actually exists, will be refunded to you in full, including the delivery charges incurred in delivering the item and the costs incurred in returning the item to us. The refund will be made by the same means of payment that was used to pay for the purchase.

7.- Product exchange policy

Martí Mascaró Capó does not accept the exchange of a product purchased by the User for another product offered on the Website.

8.- Information on Martí Mascaró Capó’s products and services

The data included in the website in each description of the products and services, in its photographs, graphic or iconographic representations, videos, as well as commercial names, brands or distinctive signs of any kind, have a merely informative function. Therefore, Martí Mascaró Capó declines any responsibility for the appearance of errors or omissions in this information, although it undertakes to take all measures within its power to correct them as soon as possible after having been informed of them.

9.- Use of the Site

You may not use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.

It is also forbidden to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that involves a violation of intellectual property rights, trademarks, confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or the content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of “spam” and, in general, any kind of nuisance or unnecessary inconvenience.

The User undertakes to make lawful, diligent, honest and correct use of any information or content accessed either through the Website or third party websites accessed through links on the Website, and all of this in good faith and with respect at all times for the law in force and these Conditions.

Likewise, the User undertakes not to maliciously or intentionally cause damage or harm that may undermine or alter the Website itself, nor to introduce or disseminate computer viruses that may cause unauthorised alterations to the contents or systems comprising the Website.

10.- Right of exclusion

Martí Mascaró Capó reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and/or do not comply with any of the conditions that appear in this document.

11.- Intellectual Property or Industry and exploitation rights

The intellectual property rights of the design of the website https://melcaramel.com, its source code and design are the property of Kris Darias (Estudi Llimona). The intellectual property of the photographs is owned by Tarek Serraj. The rest of the elements, navigation structures and the different elements of the Website are the property of Martí Mascaró Capó, who has the exclusive exercise of the rights of exploitation in any form and especially the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and European legislation.

Martí Mascaró Capó informs that it does not grant any licence or express or implicit authorisation whatsoever on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Website. The total or partial reproduction of the contents of the Website, not even by means of a hyperlink, is strictly prohibited without the express written consent of Martí Mascaró Capó. The unauthorised use of these contents will give rise to the legally established responsibilities.

12. Exclusion of guarantees and responsibility

Martí Mascaró Capó is not responsible, under any circumstances, for damages of any nature that may be caused by, but not limited to: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programmes in the contents, in spite of having adopted all the necessary technological measures to avoid this.

13.- Links or hyperlinks

The hyperlinks contained in the website may lead to the websites of third parties. Martí Mascaró Capó does not assume any responsibility for the content, information or services that may appear on these sites, which will be understood to be offered exclusively for information purposes by Martí Mascaró Capó, and which in no case imply any relationship, acceptance or support between Martí Mascaró Capó and the persons or entities that own such content or the owners of the sites where they are located.

14.- Partial nullity

In the event that any clause of the present Conditions is declared null and void, the remaining clauses will remain in force and will be interpreted taking into account the spirit of the present Conditions.

15.- Modifications

The information that appears on this Site is that in force on the date of its last update. Martí Mascaró Capó reserves the right to unilaterally modify the present Conditions, as well as its privacy policy and any other information. The entry into force of the modifications of the Terms and Conditions will take place from the moment of their publication on this website.

Martí Mascaró Capó reserves the right to make any modifications it deems appropriate to its portal without prior notice, being able to change, delete or add both the contents and services provided through the same and the way in which they are presented or located on its portal.

16.- Notifications

All communications between Martí Mascaró Capó and the User relating to the contracting of orders through the Web Site will be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

17.- Language

Martí Mascaró Capó can translate the present Conditions, its Privacy Policy, or any other operative norm, policy or procedure that may be published on the Web Site. The Spanish version will prevail in case of conflict.

Applicable law and jurisdiction
These Terms and Conditions are subject to Spanish law. The parties, in accordance with 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, submit to the Courts and Tribunals of the place of residence of the User.

Likewise, by virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes, Martí Mascaró Capó informs you that, in the event of a dispute, the User resident of the European Union may resort to the “Online Platform for Dispute Resolution” developed by the European Commission, in order to attempt to resolve out of court any dispute arising from the provision of services by Martí Mascaró Capó.

To access the “Online Platform for Dispute Resolution” you can do so through the following link: http://ec.europa.eu/consumers/odr/

In any case, Martí Mascaró Capó informs the User that he/she has a Complaint Form by means of which he/she can formulate any complaint or claim in relation to the services provided by Martí Mascaró Capó.