Terms and conditions

Terms of Use

These Terms govern the use of the website www.gourmetvip.com, owned by GOURMETVIP FACTORY, S.L.

GOURMETVIP FACTORY, SL is a limited liability company established in Spain, Fuencarral road, number 121, 28010 Madrid, and registered in the “Regsitro Mercantil de Madrid”, Volume 28,843, Folio 113, Section 8, Sheet M-519 366. CIF: B86202074. Through its site www.gourmetvip.com, information is provided about certain products promotions, offering the possibility to purchase them. Due to the content and purpose of the Web site, people who want to benefit from these promotions should have the status of "Member", which is acquired by completing the registration form and following the steps communicated by GourmetVip via email.

GourmetVip wish to inform its members and users that this website is exclusively directed to mature audience 16 years and over, and that the territory in which accepts and distributes orders is understood by Peninsula, Balearic Islands and European Community (hereinafter, the "Territory"). GourmetVip does not ship orders, for the moment, to the the Canary Islands, Ceuta or Melilla.

INVITE FRIENDS

GourmetVip allows its members to invite their friends and relatives so they can also become members of GourmetVip, at no cost to them.

With an invitation from a GourmetVip member, the invited person that registers in the club receives a gift voucher of €5 in his/her account. Furthermore, when an invited new member makes his first purchase, a €5 gift voucher will be given also to the account of the original member who invited him to join GourmetVip. Gift vouchers from invitations are automatically deducted from the total amount of the purchase made, provided it is over 50€ without shipping costs. In case of changes relating to the amount of gift vouchers, these would apply to any new vouchers issued from the date of change.

GourmetVip reserves the right to cancel vouchers when it is observed fraudulent use. It is considered a misuse of invitations, and so fraudulent use, to send email between accounts belonging to the same person, trying to take advantage from the invitation gift voucher system.

When a GourmetVip Member invites a relative or friend to the club, it will also have responsibility to any potential liability from this invitation. GourmetVip has no liability as the invitations are done between members themselves.

PRODUCT INFORMATION

The descriptions of the products displayed on the Website are made based on information provided by the suppliers of GourmetVip. Photographs relating to products and trade names, trademarks or logos of any kind shown in the GourmetVip website are from the actual items offered for sale, in order to give the most real and accurate information possible about the product. However, the member must be aware that they are not 100% perfectly accurate.

PRICES

All product prices listed through the website include VAT and other taxes that may apply. However, these prices do not include the shipping costs, which are listed separately and must be accepted by the Member.

In cases where discount are offered on GourmetVip products compared to retail price, this comparision of prices has been calculated using the price list provided by the supplier, or otherwise the prices have been verified by the GourmetVip procurement team at points of sale.

MEMBERS

VIP Membership
This is the standard GOURMETVIP title you get once you register on you own or invited by friends. The members will benefit from a 5€ discount voucher for every invited friend.
Prestige Membership
This membership level is exclusive for those members who have either invited 50 new friends who have become actual members, or have purchased for a total amount of 500€ per year. The Prestige Member will directly benefit from a 5€ discount voucher for every invited friend and a 5% discount on all purchases made, on top of the discount vouchers you might have.
Exclusive Membership
This membership level is the highest one, and is exclusive to those members who have either invited 100 new friends who have become actual members, or have purchased for a total amount of 1000€ per year. The Exclusive Member will have access to the GourmetVIP campaigns by 24 hours in advance SMS notifications with respect to the rest of the users (service available for 2011); a 5€ discount voucher for every invited friend; and a 10% discount on all purchases made on top of the discount vouchers you might have.

The membership level acquired is indefinite. GOURMETVIP reserves the right to terminate the title granted, according to its participation policy.

AVAILABILITY

GourmetVip informs the Member that the number of units available for any of the campaigns or promotions have been reserved by our suppliers for their sale on GourmetVip. In no event will GourmetVip intentionally sell more units than the provider has reserved.

In the event that a product is not available once an order has been placed, the Member will be informed by email of the cancellation of all or part of the order. The partial cancellation of order due to lack of product availability, is not eligible for cancellation of the entire order. In the event that, due to a partial cancellation, the customer wants to return the part of the order that was delivered, he must follow the process described in “Returns”.

PAYMENT

The Member agrees to pay at the time when order is made. To the price listed on the website for each of the products offered, shipping costs will be added separately. In any case, the shipping costs will be clearly shown to the member prior to finalizing the purchase.

The ticket or proof of purchase corresponding to any order, will be made available to the member, and can be viewed at www.GourmetVip.com in "My Account / Invoices".

The Member can pay their orders with credit card or debit card (Visa, Mastercard, American Express, Visa Electron and / or similar cards) or via PayPal system.

The Member should notify ASAP to GourmetVip via e-mail or telephone, in case of any improper or fraudulent charges that might have been applied to the card used for purchases done, so GourmetVip can make the necessary arrangements immediately and take the appropriate actions.

PAYMENTS SAFETY

GourmetVip has the highest security level in the market sector. The payment process works under a secure server using SSL (Secure Socket Layer) protocol. The secure server establishes a connection, so the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the member computer and to the Web Site. Thus, the SSL protocol ensures that:

All Members submit their data to the GourmetVip server with the highest security level and not to anyone else attempting to hack it.
The data transmitted between the member and the GourmetVip server is encrypted, avoiding anyone to read them and being unaccessible to any third parties.

Furthermore, GourmetVip does not have access to confidential information concerning the payment method used, and therefore does not store any kind of information in this regard. Only PayPal, "La Caixa" bank or the Sermepa System would have access to this data as part of the management and payment process, which are inaccessible to other third parties.

EXECUTION OF ORDERS

Once the order has been formalized, with the acceptance of the CU and confirmation of the purchase order, GourmetVip will always send an e-mail to the Member confirming the details of the purchase.

CANCELLATION OF ORDERS

GourmetVip accepts cancellations of orders upon request within 48 hours after placing the order. To cancel you must access "My Account", "Returns and cancellations" and fill out the form with the corresponding data.

After 48 hours of placing an order, no cancellations will be accepted due to logistical reasons. If you still want to cancel an order after 48 hours, you should proceed with the steps outlined in “return process”.

The cancellation cost of an order is 2 €.

TIME, PLACE OF DELIVERY AND LOSS

I. Product Delivery

GourmetVip is committed to deliver the products purchased in perfect condition to the address indicated by the member on the order form, which in any case must be within the Territory. In order to optimize the delivery, it is more efficient if the Member indicates an address where the order can be delivered within normal working hours.

GourmetVip will not be liable for errors caused in the delivery when the delivery address entered by the member in the order form does not conform to reality or was partially omitted.

GourmetVip informs its members that it is possible that the same order might be split into several deliveries.

II. Delivery Time

The maximum delivery time is thirty (30) days, although the usual delivery time for GourmetVip orders ranges between 14 and 21 days, starting one week after the date of purchase. In the event of delivery times different from the ones mentioned, that would be specifically announced on the website.

For more information, it is important to note that during this time, the procedure is as follows: Reception of the goods from suppliers in our store (between 7 and 11 days), preparation of orders (between 6 and 8 days) and dispatch through express parcel delivery (1 to 2 days in Spain, for other countries this might vary). When the order is ready, Gourmetvip will contact the Member via email, confirming when the order has shipped. Within 24 to 48 hours the order should have been delivered to the address indicated at the time of the completion of purchase (deliveries in Spain, for other countries this might vary).

In the event that a member selects the option "pick up my order", he/she will receive a notification detailing the day when the order will be in a specific collection point selected by the member. The product would remain there a maximum of 15 days. Passed this period, the item will be automatically returned.

Once the order has been shipped, the member can keep track of it in "My Account / Order."

The times outlined above are approximate. Therefore, it is possible that these might vary due to logistical reasons or force majeure. In cases of delays in deliveries, GourmetVip will inform their members correspondingly.

Each delivery is considered completed from the moment in which the courier makes the product available to the member, which is materialized through the control system used by the courier.

In case of delays on the delivery of any orders attributable to GourmetVip, the Member may cancel such order in accordance with the procedure described in Section "Return Procedure". It will not be considered a delay of delivery, those cases where the product has been made available to the Member by the courier within the agreed timescale, and could not be delivered for reasons attributable to the Member.

III. Data Delivery, Delivery and Loss

In the same e-mail informing the Member that the product has been shipped, GourmetVip will provide a dispatch number and a contact phone number of the company responsible for the delivery, so the Member can contact the courier directly in case of any incident.

If the customer is absent upon delivery of the product, the courier will leave a note at the point of delivery notifying that the package is waiting to be delivered. GourmetVip provides, as part of the courier delivery process, a follow-up service (calls to the Members in different time zones, SMS, etc), in order to ensure a successful and efficient delivery.

In the event that the order has not been delivered past 10 business days from the date of purchase (Spain only, for other countries this might vary), the Member must contact GourmetVip to +34 915 919 818 or send an email to reclamaciones@gourmetvip.com. If the member does not do so, past these 10 days the order will be returned to GourmetVip stores, being the Member responsible for the original shipping charges and return costs, as well as any potential associated management costs.

If the reason for not making the delivery is that the package has been lost during transportation, the Gourmetvip logistics operator will initiate an investigation. In these cases, the response times of the courier might range from one to three weeks.

IV. Diligence in the delivery

The Member should check the condition of the package at the time is being delivered, indicating in the receipt any issues that might have been found. In case that it is after the product has been delivered, when the member realizes that there is some actual damage caused by shipping, or that there are some signs of the package having been open before being delivered, the member undertakes to inform GourmetVip of so via e-mail (reclamaciones@gourmetvip.com) as soon as possible with a maximum timeframe of 7 days from the delivery date.

RETURN

I. Return Policy

All products purchased in GourmetVip can be returned, provided that the memeber notifies its intention to return the purchased product / s within a maximum period of 7 working days from the date of delivery, and also compliant with other conditions outlined in the paragraph below.

GourmetVip only accept returns that meet the following requirements:

The product should be unopened and with seals intact and original packaging.
Shipping for the return should be done using the same box, or otherwise in a similar one to ensure return in perfect conditions.
A copy of the delivery note should be left within the package, marking the returned goods and the reason for the return.

In order to facilitate members the return process and allow them a proper tracking, GourmetVip provides one simple procedure, either for "home delivery" option or for the "pick up my order" option. If the reason for return is attributable to GourmetVip (the product is defective, is not what you had ordered, etc.), the use of this service is free. If the subject is another (not what you expected or others), GourmetVip would pay the cost of the item, excluding the shipping costs.

To proceed with a "Return", you must access the "My Account / Returns and Cancellations" before 7 working days from the delivery date of the product and complete the form, detailing the order number and taking into account that in the "Reason" section you must indicate the reference of the returned products, reason of return, address and suitable time for the item to be collected.

Once you confirm your return order, GourmetVip would organize the transport and inform the member via email of the date and time scheduled.

GourmetVip will not assume the costs of any returns that are not done following the steps outlined above.

II. Refunds

The return of the products will result in a reimbursement equal to the cost of products returned minus the cost of the "Return" service.

Only in the event that the product delivered is not in perfect condition or is incorrect, GourmetVip would also reimburse the shipping costs. The partial returns and cancellations will result in partial refunds.

GourmetVip manages the return orders under the same system used for payment, within 48 hours after confirmation of arrival in GourmetVip stores of the returned item/s. The actual transfer in the Member's account or card depends on the card and the financial institution. The period will be up to 7 days maximum for debit cards and up to 30 days for credit cards.

PURCHASED PRODUCT GUARANTEE

The products offered on GourmetVip website comply with all quality requirements and are guaranteed by GourmetVip. Each product offered includes a detailed description, the retail price and the offer or promotion price.

GourmetVip works to provide its members with the maximum information about all its products, and get the best offers and prices.

Special offers, promotions or discounts will be valid until the date indicated in each case or until supplies last.

Law of Retail Trade “Ley 47/2002 de 19 de Diciembre, de reforma de la Ley 7 / 1996 de 15 de Enero”, for “transposicion al ordenamiento juridico espanol de la Directiva 97/7/CE” deals with Distance Contracts in order to adapt the Law to the several Community Directives.

INTELLECTUAL PROPERTY

GourmetVip owns all rights of the content, design and source code of this website and, in particular, of photographs, images, text, logos, designs, trademarks, trade names and data included on the web.

Members and Users are advised that these rights are protected by Spanish and international legislation on intellectual property.

Furthermore, without prejudice to the aforementioned, the content of the site can also be considered as software, and therefore, all the European and Spanish legislation in relation to this matter also applies.

It is forbidden to reproduce in any way, even through hyperlinks, the GourmetVip website or any of its contents, unless given specific written permission by GourmetVip itself.

It is also forbidden any copy, reproduction, adaptation, modification, distribution, marketing, public communication and / or any other action that involves a breach of the current International and Spanish regulations in intellectual and / or industrial property, and the use of the Web contents unless specific written permission has been granted by GourmetVip.

GourmetVip confirms that it will not concede licence or any implicit authorization in relation tot he intellectual and / or propierty rights in relation to any right or related property, direct or indirectly, with the contents included in the web.

ACCESS & WEB CONTENTS

Members and Users are fully responsible for their behavior, when accessing information on the web, while navigating in it, and even after.

As a result, Members and Users are responsible for:

Any consequences derived from any illegal or ilicit use of any of the web contents, whether they have been produced by GourmetVip or not, published under his name or other’s name.
Any consequences derived from any illegal or ilicit use of the content affecting the interest of third parties, or whichever that could damage in any way the image of the web and / or the services provided, impeding members to make use of the site.

GourmetVip reserves the right to update the content of the web at any time and to eliminate, limit or prevent access to the web, temporarily or permanently, to members and Users that could have misused its content and / or breach any of the conditions listed in this document.

GourmetVip does no guarantee:

The access to the web and / or website link will be uninterrupted or error free.
The content or software, accessed through the web or website link by members and users, does not contain some errors, computer virus or other elements that could alter your system, any electronic documents and files stored on your computer system, or cause other damage.
Potential use of the information or content on this website to members and users for their own purposes.

The information contained in this website should be considered by the members and Users as informative and of guidance, both in relation to its purpose and its effects. For this reason:

GourmetVip does not guarantee the accuracy of the information contained on this website and therefore does not assume any responsibility for any loss or inconvenience caused to the users because of it.

OUR LIABILITY

GourmetVip assumes no responsibility or liability specifically but not limited to:

The use that members or users could do of the materials on this web site or link, whether prohibited or not, in breach of intellectual and / or industrial property rights of the contents of the website or of third parties.
potential damages to Members or Users caused by normal or abnormal operation of search tools, organization or location of the content and / or access to the site and, in general, of the errors or problems generated in the development or implementation of technical elements that the web or a program could provide to the user.
For the contents of website to which Members or users might be able to access from links contained within the GourmetVip site, whether authorized or not.
Any acts or omissions of third parties, regardless whether the third parties might have a contractual realtion with GourmetVip or not.
Minors access to the content on the website, being the parent’s or tutors responsibility to exercise proper control and guidance to the minor, or to install any of the tools that control the use of Internet in order to avoid (i) access to materials or content unsuitable for minors, and (ii) the transmission of personal data without the prior consent of their parents or guardians.
Communications and conversations in the course of discussions, forums, chat rooms and virtual communities that are organized through or around the site and / or web link. GourmetVip will therefore not assume any liability for any damage or loss suffered by Members or users as a result of these communications and / or dialogues.

GourmetVip assumes no responsibility whatsoever for:

errors or delays in accessing the GourmetVip Website; for data introduced by the members in the order forms; Slowness or inability to receive the order confirmation; or any other anomalies due to general network problems, force majeur, unforeseeable circumstances and/or contingencies outside GourmetVip control and good faith.
Failure or incidents during communications, erased or incomplete transmissions, as there is no guarantee that the website services are constantly operational.
Errors or damages caused to the site by inefficient use and/or bad faith by a Member.
Problems or errors in the email address provided by the Member in order to receive the order confirmation.

In any case, GourmetVip commits to use its best efforts to solve any potential problems that may arise, and to provide all necessary support to members to solve any issue in the most expeditious way.

GourmetVip has also the right to do, during defined time intervals, campaigns to promote and encourage the registration of new members in GourmetVip. GourmetVip reserves the right to modify the conditions of the promotions, extend them if necessary under proper communication, or to exclude any of the participants of the promotion in the event of detecting any abnormality, abuse or unethical behavior from them.

Protection of personal data

All members and Users commit themselves to navigate through the website and respect its content.

In compliance with the provisions of Law “Ley Organica 15/1999”, with regards Protection of Personal Data, Gourmetvip informs that by filling any of the forms that appear in www.Gourmetvip.com or by sending an email to any of GourmetVip mailboxes, it implies the acceptance of this privacy policy, also giving the authorization to Gourmetvip to treat the personal information that would be facilitated.

Members’ data will be used for the purpose of communications via email of promotions and sales made in Gourmetvip and for delivery of any purchases made.
By simply visiting the website, users are not providing any personal information nor are obliged to do so.

The computer that hosts the site uses cookies to improve the service provided by Gourmetvip. These cookies are automatically installed on the computer used by members and users, but do not store any information related to them.

Gourmetvip understands that all data has been entered by the account holder or by a person authorized by him/her, and that they are correct and accurate.

Under the current legislation on data protection, Gourmetvip has adopted the appropriate security levels for all data provided by the Members and/or users and has also taken all required security standards to prevent loss, misuse, alteration, unauthorized access or destruction of personal data.

RIGHTS OF ACCESS, MODIFICATION, CANCELLATION AND OPPOSITION

Members’ Data

It is the Members responsibility to update their own personal information. Members will have at all times, the right to access, rectify and cancel all personal data included in the different registration forms. To exercise this right, the member can access www.Gourmetvip.com and go to "My Account". Therefore, the Members are responsible for the data provided by them and Gourmetvip is not responsible for any inaccuracy related to this.

USE OF COOKIES

To use the GourmetVip website is necessary to use cookies, which are small data files. Cookies are used in order to improve the service provided on the web, but do not store any personal information related to users; the information collected is anonymous. If you wish you can set your browser to notify you of the reception of any cookies and to prevent cookies from being installed on your hard drive. Please read the instructions and manuals of your browser for more information.

Invalidation

If any provision of these CU is declared invalid, the remaining provisions remain in full force, taking into account the will of the parties and the purpose of these CU.

GourmetVip may not exercise any rights and powers conferred in this document; however this does not imply any waiver, unless expressly stated by GourmetVip.

MODIFICATION OF THESE TERMS OF USE

GourmetVip reserves the right to modify at any time, the presentation and configuration of the Website and its Terms. Therefore it is recommended to the GourmetVip Member to read them carefully each time he/she access the Web Site. Members and Users will always have these CU in a visible location, freely accessible. In any case, the acceptance of the CU will be a mandatory step for the purchase of any product available in the GourmetVip Web Site.

LAW AND JURISDICTION

These Terms are governed by Spanish and European law. In case of dispute arising from these terms and conditions and for the resolution of them, these shall be exclusively subject to the European or Spanish jurisdiction.