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Terms and conditions

1. GENERAL INFORMATION

The ownership of this website, www.hernandezoslo.no (hereinafter Hernandez) is held by: Diego Gil Hernández, with NIF: 47913198N, and whose contact details are:

Address: Tverrbakken 4C, Oslo, 0475

Contact phone: +47 489 16 047

Contact email: info@hernandezoslo.no

 

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.hernandezoslo.no) and the purchase or acquisition of products and/or services on it (in below, Conditions).

For the purposes of these Conditions, it is understood that the activity that Hernandez develops through the Website includes:

Sale of cakes, petit gateaux and pastry in general.

In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those in force at the time the purchase of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

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2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which reason, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:

Make use of this Website only to make legally valid inquiries and purchases or acquisitions.

Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be annulled and the relevant authorities reported.

Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users residing in Norway and the European Union. Hernandez does not ensure that the Website complies with the laws of other countries, either totally or partially. Hernandez declines all responsibility that may derive from said access, nor does it guarantee shipments or provision of services outside of Norway and the EU. 

The User may formalize, at his choice, with Hernandez the purchase contract for the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

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3. PURCHASE OR ACQUISITION PROCESS

Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of  www.hernandezoslo.no ,during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "buy ".

Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that Hernandez has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if he wishes, obtain a copy of his invoice on paper, requesting it from Hernandez using the contact spaces on the Website or through the contact information provided above.

The User acknowledges that he is aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or o cost of services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in Hernandez's computerized records in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in regarding the processing of personal data and the free circulation of these data (RGPD) and the rights that assist Users in accordance with the privacy policy of this Website.

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4. AVAILABILITY

All purchase orders received by Hernandez through the Website are subject to the availability of the products and/or that no circumstance or cause of force (clause nine of these Conditions) affects their supply and/or the provision of the services. If there are difficulties regarding the supply of products or if there are no products left in stock, Hernandez undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.

 

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Nok and include taxes, unless required by law, especially with regard to the VAT, a different issue is indicated and applied.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due when managing the shipping procedure by the User, and where he will consult the available shipping methods and costs and freely choose the one that best suits him.

In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card. Depending on the country, other payment methods are added: Klarna, Vipps, among others.

Hernandez uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Hernandez will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Hernandez receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, at the place established.

If the means of payment is Paypal, the charge will be made at the time Hernandez sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "buy" the User confirms that the payment method used is his.

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6. DELIVERY

In the cases in which the physical delivery of the contracted good is appropriate, deliveries will be made within the following territory: Norway.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to it, Hernandez could not meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact Hernandez to arrange delivery on another day.

In the event that 30 days elapse since your order is available for delivery, and it has not been delivered for reasons not attributable to Hernandez, Hernandez will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User's own choice of a different delivery method than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the 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.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Hernandez receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a certain time. after full receipt of the amount to be paid by Hernandez.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Norwegian VAT if the delivery address is in Norway territory. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

In this sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for their delivery and/or provision , in that Member State of the European Union in which the address that appears in the purchase order is located and, therefore, the applicable VAT will be the one in force in said Member State.

For the rest of the locations, different from the previous ones, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at all times will be applied; The User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at destination, and that these could be borne by him.

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7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting Hernandez through the contact spaces provided. on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact information provided in the first clause (General Information).

In any case, the User, before clicking on "buy", has access to the space, cart, or basket where their purchase requests are recorded and can make changes.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).

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8. RETURNS

We do not accept returns in some articles since it is a food product that deteriorates before the 14 calendar days that it would be returned. In some articles we apply 14 days for return. But we are always flexible and we want to give a premium service to the costumer. For any questions, contact us through the contact section on the web or text us on: info@hernandezoslo.no

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9. EXEMPTION OF LIABILITY

Unless otherwise provided by law, Hernandez will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach by you;

  • business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).

  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Similarly, Hernandez also limits its liability in the following cases:

  • Hernandez applies all the measures related to providing a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others. of this kind

  • Hernandez will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.

  • Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Hernandez puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it disclaims responsibility for causes that are not attributable to it, acts of God or force majeure.

  • Hernandez will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Hernandez will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.

  • In general, Hernandez will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and This may include, by way of example but not exhaustive:

  • Strikes, lockouts or other industrial action.

  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

  • Inability to use public or private telecommunication systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, Hernandez will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Hernandez will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure event.

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10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most of the communications with Hernandez are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Hernandez sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Hernandez through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Hernandez may contact and/or notify the User via email or at the postal address provided.

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11. WAIVER

No waiver by Hernandez of a specific legal right or action or the lack of a requirement by Hernandez for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate to the User of the fulfillment of his obligations.

No waiver by Hernandez to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

 

12. NULLITY

If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

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13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Hernandez in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by them. parts.

The User and Hernandez acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

 

14. DATA PROTECTION

The information or data of a personal nature that the User provides to Hernandez in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data that he provides is true.

 

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Norwegian legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Hernandez and the User, will be submitted to the non-exclusive jurisdiction of the courts and tribunals.

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16. COMPLAINTS AND CLAIMS

The User can send Hernandez his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Hernandez has official claim forms available to consumers and users, and that they can request from Hernandez at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Hernandez and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.

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