Product Delivery

Deliciosamartha agrees to deliver the product in perfect condition in the direction that the client or user states in the order form. In order to optimize the delivery, we appreciate the client tells us a direction in which the order can be delivered within the normal working hours.

Delivery Time

The maximum time limit for delivery in the Spanish territory is seven (7) working days, twenty (20) working days for deliveries within the EU, thirty-five (35) working days for delivery to U.S. and Canada and forty-five (45) working days for the rest of the world, although the usual delivery time is less than five (5) working days for delivery in the Spanish territory, ten (10) working days for delivery within the EU territory, twenty-five (25) working days for deliberéis in the territory of the U.S. and Canada, and thirty (30) working days for the rest of the world, counting from the date the order was proceeded. A delivery is considered completed when, according to the control system used by the carrier, the product has been handed to the client or user. In case of delivery delay, the customer or user may cancel the order according with the procedure described in the section “Returns”. Deliveries won’t be considered as delayed when the order has been arrived to the client or user within the agreed time but the delivery has not been handed due to causes attribuable to the customer or user.

Timings, Unfinished Deliveries and Losses

In case that the customer or user does not receive the goods within the estimated timing, he/she should notify it asap to Deliciosamartha so we can check the shipping status. If the customer or user is absent whe the delivery arrives, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. Deliciosamartha, as part of the courier service, may proceed to contact the user or client in order to coordinate and follow up the delivery. If after 7 working days after the purchase date the order has not yet been delivered, the customer or user shall contact Deliciosamartha. If the customer or user does not so, after 10 working days from the distribution date the order will be returned to our warehouse and the customer or user will be responsible for the shipping charges as well as any costs associated. If the reason why delivery has not been possible is its loss, our carrier will initiate an investigation. In these cases, the response times of our carriers typically range from one to three weeks.

Delivery diligence

The customer or user must check the condition of the package to the carrier hired by Deliciosamartha, indicating any abnormalities in the packaging, given the case. If the customer or user detects any incident as a hit , breaking, signs of having been opened or any damage caused by shipping it after the product has been delivered, he/she shall inform Deliciosamartha via email in the shortest time possible time, not later than 7 days upon delivery date.

Responsibilites from Deliciosamartha

Deliciosamartha will not be responsible of: - Errors or delays caused by the customer or user when entering information in the form, slowness or inability to receive the order confirmation due to problems in the Internet or to the occurrence of unforeseeable circumstances of force majeure and other unforeseeable contingencies that Deliciosamartha can not control. In any case, Deliciosamartha will make its best to solve any problems that may arise, and will provide support to the client or user to reach a fast and satisfactory solution. - Errors or damage caused by an inefficient use of the service by the customer or user. - Problems with the e-mail provided by the client or user. Additionally, Deliciosamartha assumes no responsibility whatsoever, of: 1. The use the customer or user may make of the materials on this website or web link in violation of intellectual property rights. 2.  Any potential damages to the customer caused by an abnormal operation of the search, organization or location of the content, and / or access to the site tools and, in general, errors or problems generated by the development or implementation of the technical elements that the website or program providew the customer or user. 3. The contents of the website pages that the client or user can access from links within the site, whether authorized or not.4. For the acts or omissions of third parties, regardless of these third parties contractual links with Deliciosamartha. 5. The access of minors to the content included on the web: it is responsibility of their parents or guardians to exercise proper control over the activity of children in their care or to install any tools to control the use of internet in order to avoid (i) access to materials or content unsuitable for minors, and (ii) sending personal information without the prior consent of their parents or guardians. 6.Communications and dialogues in forums, chat rooms and virtual communities organized or arranged by the site and / or web link. Deliciosamartha is not responsible in any case of: 1. Failures or incidents that may occur in Communications or non completed transmissions, so there is no guarantee that the website services are constantly operational. 2. In any case, Deliciosamartha undertakes to solve problems that may arise asap and to provide all necessary support to the client or user to reach a fast and satisfactory solution.

Warranty

Deliciosamartha ensures the delivery of the product in perfect condition, not being responsible for any possible breakage or defects in the packaging of the product produced during delivery. The warranty does not apply in caseof faults or damage caused by external factors such as accidents, use, installation and inappropiate use. In case of manufacturing defect, Deliciosamartha will pay the postage to return it. Warranty excludes products that have been modified or repaired by the customer or user or any other unauthorized person. The warranty does not apply to visible defects and defects of conformity of the product for which any claim must be made by the client or user within 7 days after delivery of products. The warranty does not cover products damaged by improper use.

Deadlines

The customer or user, before signing the delivery of the order, must check that the product is delivered in perfect condition, if given approval by both parties that the product complies with these Terms and Conditions. In the event that such lack of conformity had been detected after 6 months from delivery of the product, the customer or user will have to demonstrate that this lack of conformity existed in that time of delivery. In case of lack of conformity of the product with these Terms, the customer or user will: - Require a repair or replacement, according to the rules established in Royal Legislative Decree 1/2007. - Require a price reduction or termination of the contract, if the repair of replacement of the product are unavailable. In no case shall terminate the contract if the lack of conformity is minor.

Availability

Deliciosamartha makes every possible effort to please the customer or user in his/her demand for the products. In case of unavailability of a product after the order has been placed, the customer or user will be informed by email of its cancellation. Following this demand, the rate of return on the customer’s bank account or user depends on the type of credit card and the conditions of each bank.

Payment

The customer or user agrees to pay in advance the amount requested in the form. Amount: the prices of the products listed on the website always incluye VAT. At the price listed on the website for each of the products offered will be added fees for the shipping costs involved. As this rates are not controled by Deliciosamartha, these fees shall be communicated prior to the purchase itself and the email confirmation of it. Payment: The customer or user shall pay the amount for the order by credit card or paypal. Customer responsibility: in any case, the customer or user assumes all risk of deterioration, damage and loss of products from the time they had been handed by a third party on behalf of Deliciosamartha to deliver the products ordered. Right of withdrawal: Deliciosamartha recognizes the right of withdrawal under the terms and deadlines set forth in the Royal Decree 1/2007, in which case Deliciosamartha will reimburse the customer or user the amount paid, including taxes, to the card number indicated by the customer or user. The customer or user has 7 working days after delivery of the product, considering this date is, unless proven otherwise, the indicated on the delivery document. In order to exercise this right, the customer or user must send an email to hola@deliciosamartha.com. In any case the customer or user shall bear the direct costs of returning the product.

Returns

The customer or user will have a minimum of seven working days to exercise the right of return. The client or user must indicate his/her intention by email. Deliciosamartha will answer through another e-mail specifying the precise instructions to return the product. Return shipping costs will be borne by the customer or user. The refund to the account of the customer or user shall be made as soon as possible after the receipt of goods by Deliciosamartha. The return can not take place in any case if the products supplied were clearly used. Items must be returned in their original packaging, in perfect condition (not damaged or soiled by the customer or user) with all accessories, instructions and documentation. Products must be sent to the specified location by Deliciosamartha in the instructions for returning the product sent via email. If the return is not accepted on the understanding that the product has been used, these products will remain on Deliciosamartha’s offices to be collected by the customer or user, for a period not exceeding thirty days from its return. The costs and risks associated to returning the product will be charged to the customer or user, who will send them safely and in perfect condition. The return of products will result in a refund equal to the purchase price of the product/s returned. The refund does not include any costs of delivery. 

Copyright and trademark

Deliciosamartha reports that http://www.deliciosamartha.com website are fully protected by the rights of intellectual property and any reproduction, communication, distribution and transformation of the protected elements without express consent of Deliciosamartha or their rightful owners is prohibited. These conditions are governed by Spanish law.To resolve any controversy or dispute arising fro these conditions Deliciosamartha and the client or user will be submitted to the jurisdictional determination criteria set forth in the applicable Spanish legislation concerning consumers and users, as well as electronic commerce.

Rights and obligations of Deliciosamartha

Product Delivery: Deliciosamartha is committed to delivering the product in perfect condition in the direction that the client or user state on the purchase form. Deliciosamartha will not be responsible from errors caused in the delivery when the data entered by the customer or user in the purchase form are not correct. Claims should be sent to Deliciosamartha at the email address to be found in Deliciosamartha page.