GENERAL TERMS AND CONDITIONS OF SALE

PURPOSE AND GENERAL CONSIDERATIONS

These General Terms of Use, Terms and Conditions of Sale and Privacy Policy govern the use of the website www.weareforestia.com (hereinafter “the Website”), the owner of which is José Miguel Poveda SA (hereinafter THE COMPANY), holder of CIF A03115896, with registered address at Calle Moli Nou, Polígono Industrial Riodel, Mutxamel, 03110, telephone +34 965 657 135 and Fax + 34 965 6502 02.

THE COMPANY provides information about its products with the option to purchase them through its website www.weareforestia.com. Given the contents and the purpose of the Website, any person wishing to benefit from its services must assume the status of “Customer”. This status is acquired by completing the registration form and by following the steps subsequently indicated by THE COMPANY via email. The status of Customer shall entail compliance with the version of the Terms of Use published on the Website at the time the Customer accesses it.

In any event, the Website has pages that are accessible to physical and legal persons who may not have registered or purchased a product (hereinafter “Users”). In this respect, Users who access these parts of the Website shall agree to abide by the terms and conditions laid down in these General Terms and Conditions, to the extent to which they apply to them.

THE COMPANY wishes to inform its Customers and Users that it serves persons exclusively over the age of 16 and within the geographical area in which orders are accepted and delivered, as defined in Annex I (hereinafter, the “Geographical Area”). THE COMPANY does not deliver orders outside the areas specified. Should any User be interested in receiving an item outside the Geographical Area, they should contact THE COMPANY by using the form or by sending an email to feedback@weareforestia.com. We shall consider the request and inform the User of our decision.

CONTACT: If you have any query, comment or suggestion, please send us an email to feedback@weareforestia.com

PRODUCT INFORMATION

Through this website, THE COMPANY offers food products and accessories in order to enjoy them. All the information relating to the food products’ composition, nutritional properties and the date before which their consumption is recommended is displayed both on the website and on their packaging.

PRICES

All the product prices indicated on the website include VAT and any other applicable taxes. However, the prices do not include delivery costs, which are displayed separately and which must be accepted by the Customer.

AVAILABILITY

THE COMPANY hereby informs its customers that number of items available is updated according to the stocks in our warehouse and product availability through our suppliers. Under no circumstances shall THE COMPANY intentionally offer for sale more items than those which it has in stock or has ordered from the supplier.

THE COMPANY shall do everything within its power to satisfy the demand of its Customers for its products. Nevertheless, on some occasions and due to causes beyond the control of THE COMPANY, including human error or incidents with the computer systems, there exists the possibility that the final quantity delivered differs from that stipulated in the Customer’s order. If this should occur, Customers should report the discrepancy to THE COMPANY so as allow THE COMPANY to rectify the problem at no extra cost.

In the event of the product being unavailable after the delivery has been completed, the Customer shall be informed by email of the total or partial cancellation of the delivery, and shall be reimbursed the proportional amount of the payment made. The partial cancellation of the order due to non-availability shall not give rise to the right to cancel the entire order already placed. Should any Customer wish to return a delivered item as a result of a cancellation, they should follow the steps indicated in the section Return of Goods.

PAYMENT

Customers undertake to pay for the order at the time it is placed. The corresponding delivery charges shall be added to the initial prices indicated on the Website for each of the products offered. In all events, the Customer will be informed of the corresponding delivery charges before finalising the purchase.

Customers must pay for their order amount by using a credit or debit card (Visa, MasterCard, Visa Electron and/or similar cards), via bank transfer or by depositing the amount in the account indicated. THE COMPANY shall not apply any additional charge related to the payment method chosen by the buyer. However, buyers must be aware that if payment is made through a bank transfer or bank deposit, they are obliged to provide documentary proof of payment. The products will be dispatched only after receiving such documentary proof.

Customers must notify THE COMPANY, via email or by phone, of any unaccounted for or fraudulent charges made to their card used for making the purchase as soon as possible so as to enable THE COMPANY to take the necessary steps.

SECURITY

THE COMPANY uses and offers its CUSTOMERS the Redsys safe e-commerce platform, based on the “three domains model” (3D Secure technology), which offers a wide range of payment methods and authentication solutions for online purchases. This solution covers the entire purchasing process, from the moment the Customer enters the vendor’s website, through to the payment authorisation process, including the Customer authentication process.

ORDER FINALISATION

Once the order has been finalised with the acceptance of the Terms of Use and confirmation of the purchase process, THE COMPANY shall always send an email to THE CUSTOMER confirming the details of the purchase with information about the returns policy.

ORDER CANCELLATION

THE COMPANY accepts cancellations if they are requested before the goods are dispatched. To make a cancellation, send an email requesting the cancellation to feedback@weareforestia.com

DELIVERY TIMES, PLACE AND NON-DELIVERY

I. Product delivery

THE COMPANY undertakes to deliver the product in perfect condition to the Customer’s address indicated on the order form, which in all events, should be located within the Geographical Area. In order to facilitate the delivery, we would be grateful if the Customer could provide an address where delivery can be made during normal working hours.

THE COMPANY shall not be liable for any errors with the delivery when the delivery address entered by the Customer on the order form is not correct or when address details have been omitted.

THE COMPANY informs its Customers that some orders may be split into several delivery batches.

II. Delivery timeline

The orders are transported by a courier service. Your order will be delivered within a maximum of 10 working days following receipt of the order confirmation. Nevertheless, THE COMPANY’S usual delivery timeline ranges between 3 and 6 working days, from the order finalisation.
These are average timelines and are therefore an estimate. They could vary due to logistical reasons or due to force majeure. In the event of a delay in the delivery THE COMPANY shall inform its Customers as soon as it is aware of the delay.

The delivery is deemed to have been completed the moment when the carrier hands the product over to the Customer, which is reflected on the tracking system used by the carrier.

In the event of delivery delays attributable to THE COMPANY, the Customer may cancel his order in accordance with the procedure described in Section “II. Returns”. A delivery delay shall not be deemed to have occurred when the order has been delivered to the Customer by the carrier within the agreed period but which has not been collected for reasons that can be attributed to the Customer.

For Spain (mainland) and Portugal the delivery charge is 4.95 € per order; for Zone II the delivery charge is 9.95 € and for Zone III the delivery charge is 14.95 €. Please check Annex to know which countries belong to each Zone.

Once the order has left our premises, an email will be sent to notify you that your order has been accepted and is being dispatched.
For security reasons, THE COMPANY does not deliver orders to PO Boxes or military bases and shall not accept an order when it is not possible to identify the consignee or the address.

III. Delivery details, Undelivered orders and Lost Packages

If the Customer is absent at the time of delivery, the carrier shall leave a note with instructions on how to arrange another delivery. As part of the courier delivery service THE COMPANY tracks the packages at several points to ensure the delivery is made.

If the order has not been delivered within 7 days working days after the order has dispatched, the Customer should contact THE COMPANY. If the Customer does not make contact within 10 working days after the order has dispatched, it will be returned to our warehouse and the Customer will be liable for the delivery and return delivery charges of the goods as well as for any associated costs.

If the reason for non-delivery of the order is the loss of the package, our carrier shall initiate an investigation. In such a case, the carrier usually takes from one to three weeks to respond.

IV. Order delivery diligence

The Customer must inspect the condition of the package with the carrier delivering the product ordered on behalf of THE COMPANY, indicating any defect detected in the packaging on the delivery note. Should the Customer, on subsequent inspection of the product, detect any problem, such as breakage, rips or tears or any indication that it has been opened or any other defect produced during delivery, the Customer must undertake to inform THE COMPANY by email as soon as possible and within a maximum of 24 hours after the delivery. THE COMPANY shall not respond to reports of this type of incident (with the exception of parts under warranty) made after this period.

RETURNS

I. Returns procedure

All products bought from THE COMPANY may be returned and refunded, provided the Customers inform THE COMPANY of their intention to return the product(s) purchased within a maximum timescale of 14 calendar days as from the delivery date and provided they comply with the other terms and conditions laid down in this section.

THE COMPANY shall accept only those returns that comply with the following conditions:

1. The product must be in the same condition in which it was delivered and it must include its original packaging and labels.
2. It should be returned in the same box in which it was received to ensure its proper protection. If it can not be returned in the same box, the Customer must return it in protective packaging to ensure the product arrives at THE COMPANY’S warehouse in the best possible condition.
3. A copy of the delivery note should be included inside the package, which should indicate the products being returned and the reason for returning them.

In order to facilitate the return process for our Customers, and to ensure it is followed correctly, THE COMPANY has specified that the only return procedure accepted is that which is established by THE COMPANY. If the reason for the return is attributable to THE COMPANY (defective product, not that which was ordered, etc.) the cost of the return shall be reimbursed. Other reasons (the products were delivered correctly but you do not like them), the cost of the return shall be borne by the Customer.

In order to return a product, please follow these steps:

  1. Notify your desire to return the product within 14 calendar days after its delivery. You can send the notification by email tofeedback@weareforestia.com or by completing the customer service form. Following the notification date the Customer must return the product within 14 days.
  2. THE COMPANY shall inform the Customer of the address to which he must send the product.
  3. Customers must return the product with a courier service of their choice. The cost of the return must be paid by the Customer.
  4. Inform the courier company of the date and time you wish them to pick up the returned goods.

II. CUSTOMER refunds

On returning the products Customers will be entitled to the refund of the cost of the product, minus the cost of the return service.
Only if the product delivered is defective or incorrect shall THE COMPANY also reimburse the Customer the cost of shipping the returned goods.
Partial returns and cancellations shall give rise to partial refunds.

THE COMPANY shall handle the return order following the same procedure used for payments within 3 days after receiving confirmation of the arrival of the returned goods at our warehouse. The timescale within which the refund is reflected in the Customer’s account or card depends on the card or institution. The timescale for making the refund is 14 days.

CLAIMS AND INCIDENTS

Any claim or incident involving our products or services can be notified by email to feedback@weareforestia.com or by phone by calling: + 34 965 657 135.

PRODUCT GUARANTEE

THE COMPANY acts as the distributor for manufacturers who guarantee that the products offered for sale on www.weareforestia.com are of the highest quality and that they come with every guarantee certifying their suitability for consumption. Any query or question you may have in this respect shall be answered appropriately through feedback@weareforestia.com.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

THE COMPANY holds the copyright over the content, design and source code of this Website, including, but not limited to the photographs, images, texts, logos, designs, brand names and details contained on the Website.

Customers and Users are reminded that these copyrights are protected by current Spanish and international law in relation to intellectual and industrial property rights.

In addition, and notwithstanding the above, the contents of this Website are also considered to be a computer program, and as such, any Spanish and European Community legislation on the matter shall also apply to it.

The total or partial reproduction of this Website is expressly forbidden, as is that of any of its contents, without express written permission from THE COMPANY.

The copy, reproduction, adaptation, alteration, distribution, sale, public broadcast and/or any other action that constitutes a breach of current Spanish and/or international law relating to intellectual and/or industrial property rights are also totally prohibited, as is the use of the contents of the Website without prior express written authorisation from THE COMPANY.

THE COMPANY hereby informs that it does not grant any implicit licence or authorisation over the intellectual and/or industrial property rights or over any other copyright or over any other property rights directly or indirectly or associated with the contents contained on this Website.
The use of the contents of the Website domains for merely informational or service related purposes is authorised, provided the source is cited or referred to, while the user is the person solely responsible for the their incorrect use.

ACCESS TO AND TIME SPENT ON THE WEBSITE.

OUR CONTENTS

The Customers and Users are wholly responsible for their behaviour when accessing information on the Website, while they navigate the site and after they have accessed it.

On account of the above, Customers and Users are solely responsible to the COMPANY and to third parties for:
1. The consequences deriving from the use of any content on the Website for illicit reasons or purposes contravening this document, whether or not it is created by THE COMPANY, or whether or not it is published officially under its name.
2. Any consequences that may arise from its use contravening the contents of this document and that may harm the interests or rights of third parties or that may in any way damage, render useless or cause deterioration to the Website or its services or impede its normal use by other Users.

THE COMPANY reserves the right to update the contents whenever it so deems necessary, and to remove, limit or impede access to them, either temporarily or permanently, as well as to deny access to the Website to Customers and Users who make improper use of its contents and/or fail to comply with any of the terms that are laid down herein.

THE COMPANY hereby states that it does not guarantee:

1. That access to the Website and/or the Websites linked to it shall not be interrupted or error-free.
2. That the contents or software Customers and Users access through the Website or through linked Websites do not contain any errors, computer viruses or other elements in their contents that may cause alterations to their system or electronic documents and files stored on their computer system or cause any other kind of damage.
3. The use Customers and Users may make of the information or contents of this Website or Websites linked to it for their personal ends.

The information contained on this Website should be considered by its Customers and Users to be informative and as a guidance, both in relation to its purpose and its use, and therefore:

THE COMPANY does not guarantee the accuracy of the information contained on this website and as such, does not assume any liability for any possible damage or inconvenience to Users that may result from any inaccuracy appearing on the Website.

OUR LIABILITY

THE COMPANY assumes no liability arising from, but not limited to:

1. The use Customers or Users may make of the material on this Website or on linked Websites, whether or not they are forbidden or permitted, that breach the intellectual and/or industrial property rights of the contents of the Website or of third parties.
2. Any possible damages or inconvenience to Customers or Users caused by the normal or unusual functioning of the search tools, of the organisation or of the localisation of the contents and/or access to the Website, and generally for any errors or problems resulting from the implementation or instrumentation of the technical components that the Website or programme offers the User.
3. For the contents of any pages Customers or Users may access from links on the Website, irrespective of whether or not they are authorised.
4. For the acts and omissions of third parties, irrespective of whether these third parties are contractually associated with THE COMPANY.
5. For access by children to the contents included on the Website, since it is the responsibility of their parents or guardians to exercise appropriate control over the activities of their children or children under their guardianship or to implement the steps for controlling the use of the Internet in order to prevent (i) access to material or contents unsuitable for children and (ii) the sending of personal details without prior authorisation from their parents or guardians.
6. For any communication or dialogues in debates, forums, chats and virtual communities that are organised through or around the Website and/or linked Websites, and it shall not be liable therefore for any possible damages caused to individual Customers or Users and/or groups as a consequence of such communication and/or dialogues.

THE COMPANY shall not assume any liability whatsoever should any of the following occur:

1. Errors or delays in accessing the Website by Customers when entering their details on the order form, the slow running or the failure of the order confirmation to arrive at the receiver, or for any other anomaly that may arise when these incidents are a result of problems on the Internet, chance events or force majeure and any other unpredictable contingency beyond the goodwill of THE COMPANY.

2. Faults or incidents that may occur in the communication, erased or incomplete transmissions, that may result in the inability to guarantee that the Website services are continuously operative.
3. For the errors or damages to the Website caused by an inefficient use of the service and bad faith by the Customer.
4. For the non-existence or problems with the email address provided by the Customer for sending the order confirmation.
5. In all events, THE COMPANY undertakes to resolve the problems that may arise and to offer all the support necessary to the Customer to arrive at a fast and satisfactory solution to the incident.
6. THE COMPANY also has the right to carry out promotional campaigns during defined, limited periods to promote the registration of new members to its service. THE COMPANY reserves the right to modify the terms of application of the promotional campaigns, to extend them with due notification or to exclude any of the participants from the offer should it detect any anomaly, abuse or unethical behaviour during their participation in the offer.

 

PRIVACY POLICY

Customers and Users undertake to navigate the Website and use its contents in good faith.

In compliance with the provisions of Organic Law 15/1999 governing Personal Data Protection, we inform you that by filling out any form on the Website www.weareforestia.com or by sending an email to any of our addresses implies your acceptance of this privacy policy, as well as authorising THE COMPANY to handle the personal data that you provide us, which will be contained on a file belonging to THE COMPANY, and included on the General Register of the Spanish Data Protection Agency.

Customer data shall be used for emailing the sales made by THE COMPANY and for delivering purchases.
By merely visiting the Website, Users do not provide us with any personal information whatsoever, nor are they obliged to provide it.
THE COMPANY undertakes to exercise the utmost discretion and confidentiality with regard to the information it receives and to use it solely for the purposes indicated.

THE COMPANY assumes that the data has been entered by the person concerned or by a person authorised to do so, and that it is both correct and accurate.

It is the Customers’ responsibility to ensure their data is up to date. At any time the Customer is permitted to exercise their right to access, rectification, cancellation or objection with regard to any of the personal data included in the various registration forms. In order to modify or update their personal details, Customers should enter the “My Account” section of the website www.weareforestia.com. In order to cancel your account, please send an email from the address in your account to feedback@weareforestia.com with the subject heading “Cancel Account”.
Customers are therefore solely responsible for the veracity of their data and THE COMPANY shall assume no liability for the inaccuracy of the Customer’s personal data. Pursuant to current legislation regarding data protection, THE COMPANY has adopted all the appropriate safety measures to protect the data provided by its Customers, and has, in addition, installed every procedure and measure within its power to prevent the loss, incorrect use, alteration, unauthorised access and removal of the data.

ANNULMENT

Should any clause contained in these Terms of Use be declared null and void, the other clauses shall remain valid and shall be interpreted according to their voluntary acceptance by both parties and the purpose of these Terms of Use.

THE COMPANY may choose not to exercise any of the rights or powers conferred upon it herein, which does not imply under any circumstances that it waives these rights and powers without the express acknowledgement of THE COMPANY thereto, or as a result of any statute of limitations that may apply to each case.

MODIFICATIONS TO THE TERMS OF USE

THE COMPANY reserves the right to modify the presentation and configuration of the Website and these General Terms and Conditions at any time. Therefore, THE COMPANY recommends that its Customers read them carefully each time they access the Website.

These Terms of Use shall always be available in a visible position for Customers and Users to access them freely and to consult them as often as they so desire. In any event, acceptance of these Terms of Use is a necessary condition that must be agreed to before any product offered on this Website may be purchased.

APPLICABLE LAW AND ARBITRATION

These Terms of Use are governed by the Spanish legislation applicable to such matters. In order to resolve any controversy or dispute that may arise from these Terms of Use, the parties shall be subject to the jurisdiction of the courts of the city of Alicante, unless the law enforces a different jurisdiction.

ANNEX

Zone I
Spain and Portugal except Canary Islands, Ceuta, Melilla, Azores & Madeira.
Zone II
Austria, Belgium, Czech Republic, Denmark, Slovakia, Slovenia, France, Germany, Holland, Hungary, Italy, Luxembourg, Poland, United Kingdom except Northern Ireland, Corsica and Greenland.
Zone III
Bulgary, Estonia, Finland, Ireland and Northern Ireland, Latvia, Lituania, Norway, Romania, Sweden, Switzerland

If you have any query, comment or suggestion, please send us an email to feedback@weareforestia.com.

 

COOKIES

This site is owned and operated by  José Miguel Poveda SA, holder of CIF A03115896, with registered address at Calle Moli Nou, Polígono Industrial Riodel, Mutxamel (Spain). For the purpose of this Cookie Policy, “Our”, "We", or “Us” refers to the group unless otherwise stated.

We use cookies to distinguish you from other users and to give you the best experience when you visit our website.

About cookies

Cookies are small files typically consisting of a string of letters and numbers that websites place on the device you are using to browse the site. Cookies are typically used to identity and track users as they navigate different pages on a website and to identify users returning to a website.

How long do cookies last?

We use the following types of cookies on this website:

Session cookies: these are temporary cookies that remain in the cookie file of your browser until you close your browser. Session cookies are strictly necessary for the website to operate effectively and are essential for certain site functions, such as purchasing a policy or service.

Persistent cookies: these are stored on your computer until they expire or you remove them. The persistent cookies used on our website allow us to improve the way the website works by helping us to understand how you use our website.

What are first and third party cookies?

Whether a cookie is ‘first’ or ‘third’ party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by the user at the time: the website displayed in the URL window.

Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website this would be a third party cookie.

We use both first party and third party cookies on our website.

Categories of cookies we use on this website

Strictly necessary cookies: these are first party session cookies which are essential in order to enable you to move around the website and use its features. Without these cookies, services such as applying for our products cannot be provided.

Performance cookies: these cookies can be first or third party, session or persistent cookies. They collect information about how you use our website, for instance which pages you go to most often, and if you receive error messages from web pages. These cookies don’t collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how our website works.

Functionality cookies: these cookies can be first or third party, session or persistent cookies. They allow our website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

Managing and blocking cookies

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. If you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site and this may impair your ability to fully utilise our site.

The above site also gives details on how to delete cookies from your device. For information on how to do this on your mobile phone browser, please consult your handset manual, or manufacturer.

Use of cookies by Associated Websites

Our website may contain links to and from other websites. It is the responsibility of these websites to detail their use of cookies to you on their website and to gain the relevant consents from you for their usage.

Contact us

This website is owned and administered by José Miguel Poveda SA. If you have any questions about our cookies or this cookies policy please contact us by email to feedback@weareforestia.com.