General conditions of use and contracting.

These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy and the Cookies Policy, the access and use of the website accessible through the domain name www. tomachocolate.es and its subdomains (hereinafter, "the Website"), as well as the contracting of products and / or services through it. Access to the Website allows the person who performs the condition of User of the Website (hereinafter, "the" User ") and implies the acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Website without using it.

Through the acceptance of these General Conditions, the user states:

That you have read and understood what is stated here.
That is older than 18 years in accordance with the regulations in force in their place of residence, otherwise the child must have the authorization of their legal representatives.
That, in case you are willing to hire a product and / or service, you have sufficient capacity to do so.
That assumes all the obligations set forth herein.
The User must carefully read these General Conditions each time he accesses the Website, since the same and these General Conditions may be modified.

The owner of the Website reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of all the elements that make up the design and configuration of the Website.

The modification of these General Conditions will not affect the goods or promotions that have been acquired prior to said modification.

1.- Website Information
This need for information to the user is included in Article 10 of Law 34/2002, of Services of the Information Society (LSSI) and 97, of Law 3/2014 of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of November 16.

Owner: Chocolate Gueysh, S.L. (hereinafter, "Chocolate Gueysh").

Registered office: C / Tejeiro 2; 18005 - Granada

C.I.F .: B-18668103.

E-mail: info@tomachocolate.es

Telephone: 0034 958510944

Registration data: Registered in the Commercial Registry of Granada. Volume 1070, Folio 162, Sheet GR-23316.

2. Conditions of Use
2.1. Access to the Website
The simple access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the user.

 2.2. Need for Registration
The use of certain services and contents may be conditioned on the User's prior registration.

The data entered by the user must be accurate, current and true. The registered user will be responsible at all times for the custody of his password, assuming consequently any damages that may arise from its improper use, as well as the cession, disclosure or loss of it. For these purposes, the access to restricted areas and / or the use of the services and contents made under the password of a registered user will be considered carried out by said registered user, who will respond in any case of said access and use.

 2.3. Rules of use of the Website
The user undertakes to use the Website and all its content and services in accordance with the provisions of the law, morals, public order and these General Conditions. Likewise, it is obliged to make appropriate use of the services and / or contents of the Website and not to use them to carry out illicit or criminal activities that violate the rights of third parties and / or that infringe the regulation on intellectual and industrial property, or any other norms of the applicable legal system.

2.4. Exclusion of Liability
The user's access to the Website does not imply for Chocolate Gueysh the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the user, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

Chocolate Gueysh is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered on the Website.

Chocolate Gueysh is not responsible for damages or losses of any kind produced in the user that cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Website service during the provision of the same or with character previous.

2.5. Content and services linked through the Website
The access service to the Website may include technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, "Linked Sites"). In these cases, Chocolate Gueysh will only be responsible for the contents and services provided in 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 / she can inform Chocolate Gueysh, without this communication entailing the obligation to withdraw the corresponding link.

In any case, the existence of linked sites should presuppose the formalization of agreements with the managers or owners thereof, or the recommendation, promotion or identification of Chocolate Gueysh with the demonstrations, content or services provided.

Chocolate Gueysh 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. for any other damage that is not directly attributable to Chocolate Gueysh.

3. Contract Conditions
3.1. User registration
The use of the services provided by Chocolate Gueysh implies the need for user registration on the Website.

The user must proceed to register by indicating their full name, email address and can indicate the mail of a sponsoring user. Once the registration is completed, a message will be sent to the designated email account with a link that the User must follow to confirm that they have access to it.

In any case, the user will be required to accept these General Conditions, as well as the Privacy Policy and the Cookies Policy.

Once the user is correctly registered on the web, they can access "My Account" at any time. Through "My Account", the user can modify their personal data as well as the data related to the sending of orders and check if there are orders pending delivery.

In the "My Account" section, the user can view the gift vouchers they have available, download the invoices of the orders and the possibility of canceling the account at any time, indicating a reason for which they wish to cancel it.

3.2. Shipping costs
The purchase of products on the website is subject to payment of shipping costs, at the expense of the buyer.

The shipping costs will depend on the destination and the weight of the products purchased according to the indicative table shown below. It will not be possible to carry out the purchase process through the website to destinations other than those indicated during the purchase process.

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 their purchase

Tabla tarifas envío 2016

* Free shipping for purchases over 65 euros in Peninsula.

The shipping costs mentioned above include, in addition to the transportation of the products, its packaging in boxes designed to transport the product, insurance against loss or breakage, as well as VAT.

The delivery of orders will be made at the delivery address freely designated by the user within a maximum delivery time of 3 working days in Spain peninsula. Chocolate Gueysh will not assume any responsibility when the delivery of the product does not occur as a result of inaccuracy or falseness of the data provided by the user for this purpose, as well as, in the event that the delivery can not be made for reasons beyond the control of Chocolate Gueysh, such as the absence of the recipient at the delivery address.

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

Selection of products by the user

All registered users may contract through the Website the purchase of products.

The process of buying Chocolate Gueysh is based on a virtual basket, to which the user can add the products that he wishes to purchase.

To add products to the shopping cart, once the User is on the product description page and selected the available options, you must select the "Add to cart" option provided.

At all times the user can access and modify the content of the basket.

3.3. Order fulfillment
Once the products you wish to purchase are found in the shopping cart, the user can initiate the processing of the order, selecting the "View cart" option, which will show the user the contents of the virtual shopping basket, allowing the modification of the selected products and their removal from the shopping cart.

The user must ensure that the products indicated on the screen are the ones that he wishes to acquire and select from among the geographical areas listed the one corresponding to the shipping address. At this point the total price of the selected products and the shipping costs generated are shown. Also in this section, the user will be able to see -in his case- the promotions automatically applied to his order, to use the promotional codes and / or the gift checks that he has available.

By pressing "NEXT", the user accesses a panel where he must indicate the shipping information; To continue with the hiring process, the user must fill in the shipping information, including his full name, telephone number and address, filling in all the fields marked as mandatory. In this section the user can include the useful information that he considers necessary for the messenger, although Chocolate Gueysh can not guarantee its fulfillment.

If the user wants the billing address to be different from the shipping address, he must check the box "My billing address is different from the delivery address" and fill in the corresponding information.

In the next phase of the purchase process, the user must select the payment method. At this time the user is again indicated the exact amount to be paid, resulting from adding the price of the products and the shipping costs net of the eventual promotional discount and / or gift voucher.

Following the link "MAKE AN ORDER", the user will be taken to the selected payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming on the screen the information of the order and sending an email to the user confirming the operation.

3.4. Price of products
All prices indicated in the product description are expressed in the Euro currency (€) and include the Value Added Tax (I.V.A.).

The shipping costs of the products on behalf of the buyer, will be detailed and broken down in the "Your Basket" section of the Website.

Chocolate Gueysh reserves the right to modify the prices reflected in the Website, at any time. The products will be billed at the current price reflected on the Website, at the time of order registration.

3.5. Payment Forms
The purchase of products through the Chocolate Gueysh catwalk can have the following forms of payment:

-Payment by debit or credit card (Visa, Mastercard, Visa electron) through a virtual POS.

-Pay by Paypal.

-Wire transfer.

To use the credit card through a virtual POS, the buyer must fill in a form indicating the name of the owner of the card, type of card, expiration date of the card and security code.

Chocolate Gueysh does not have access to the banking data linked to the means of payment and does not know or register this information during the payment transaction.

Chocolate Gueysh is a member of CONFIANZA ONLINE, electronic security certification company in Electronic Commerce.

3.6 Confirmation of receipt of acceptance

Once the purchase process is complete, the user will receive, at the email address designated in the registration form, a communication specifying the characteristics of the product, price, selected shipping method, date of purchase, order number and date of purchase. delivery. Likewise, a permanent link to these contracting conditions will be sent to the email address provided by the user.

3.7. Right of withdrawal
The buyer will have a period of fourteen (14) calendar days after receipt of the Product to exercise his right of withdrawal without having to justify reasons or have any sanction.

In accordance with article 102.d) of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, not being applicable to the supply of goods that may deteriorate or expire quickly, the right of withdrawal may not be exercised on the containers that have been opened, for example, due to the rapid deterioration of their contents in such cases.

The buyer must state his intention to desist within the indicated period and must return the product. For this the User may use the form that Chocolate Gueysh puts at your disposal here or send an email to the address info@tomachocolate.es including your name and address, as well as the number of your order. You can also contact by telephone in order to expedite the return process of the corresponding amounts.

Chocolate Gueysh will reimburse the sums paid by the user without retention of expenses. However, the cost of returning the product will be charged to the User.

Received the products on which the withdrawal rests and verified its correct status, Chocolate Gueysh will return the User the sums paid within a maximum period of 10 calendar days. Products that do not retain their original packaging may suffer a depreciation.

4. Nullity and ineffectiveness of the clauses
In case any clause of these General Conditions is declared null, it will proceed to the withdrawal or replacement of the same. In any case, said declaration of nullity will not affect the validity of the rest of the provisions included in these General Conditions.

5. Applicable legislation and competent jurisdiction
These general conditions are ruled by the Spanish Law. The parties submit, at their discretion, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile. Likewise, as an entity adhering to Confianza Online and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may resort to the Confidential dispute settlement system. Online (www.confianzaonline.es)