GENERAL TERMS AND CONDITIONS OF SALE AND USE

1.- PURPOSE AND GENERAL PROVISIONS

These General Terms of Use, Conditions of Sale and Privacy Policy govern the use of the website www.cuchillalia.com (hereinafter “the Website”), of which Alan Gomez Dayot (hereinafter THE COMPANY), with Tax ID 25682881T and registered tax address at calle Orquidea, 46, 29190, Malaga, is the owner.

The General Conditions of Sale and Use of THE COMPANY described below define the rights and obligations of Cuchillalia.com and its Customers within the framework of its website www.cuchillalia.com. The mere access to the website and the carrying out of electronic commerce on it implies acceptance of these terms of use.

Through its website www.cuchillalia.com, THE COMPANY provides information about its products and offers the possibility of purchasing them. Due to the content and purpose of the Website, persons who wish to benefit from its services (purchase of the products offered) must hold the status of “CUSTOMER”, which they acquire by completing the registration form and following the steps that Cuchillalia.com subsequently communicates by email.

Cuchillalia.com wishes to make its Customers and Users aware that it is aimed exclusively at an audience over 18 years of age and that the territory in which it accepts and distributes orders is that comprising Spain and Portugal (mainland in both cases), the Balearic Islands, Germany, Austria, Belgium, Denmark, Slovakia, Finland, France, Greece, Ireland, Italy, Luxembourg, Norway, the Netherlands, the United Kingdom, the Czech Republic, Sweden and Switzerland, hereinafter the “Territory”. Cuchillalia.com does not, for the time being, ship orders to the Canary Islands, Ceuta and Melilla. If a CUSTOMER were interested in receiving an item outside the territory indicated above, they should contact Cuchillalia.com by sending an email to comercial@cuchillalia.com; we would study their request and inform them accordingly.

Once the order has been placed, that is, with the acceptance of the Terms of Use and the confirmation of the purchase process, Cuchillalia.com will send an email to the CUSTOMER confirming the details of the purchase made.

Cuchillalia.com will accept order cancellations when they are requested before the order is dispatched. To make the cancellation you must request it through the form that you will find available in the “Contact” section of the top menu or by sending an email to comercial@cuchillalia.com.

For any kind of question, query or suggestion, you can send us your comments through the contact form (https://www.cuchillalia.com/formulario-de-contacto) or by email at comercial@cuchillalia.com.

2.- PRODUCT INFORMATION

The descriptions and technical data of the products displayed on the Website are based on the information provided by the different manufacturers. In addition, the data given about each product, as well as the photographs or videos relating to them and the trade names, brands or distinctive signs of any kind contained on the website Cuchillalia.com, are displayed on www.cuchillalia.com for guidance purposes.

Nevertheless, the users of Cuchillalia.com are aware and accept that part of the information contained may be incorrect, incomplete, out of date or contain typographical errors. Cuchillalia.com is not obliged to update the content of this site and will not be liable for the failure to update the information. It is the sole responsibility of the user to assess the accuracy and/or usefulness of any information, advice, opinion, or any other content available through this site.

3.- PRICES

All the prices of the products indicated through the website include VAT and any other applicable taxes. However, these prices do not include the costs corresponding to the shipping of the products, which are detailed separately and must be accepted by the Customer. The shipping prices are detailed further on in section 5.2.- Delivery and Shipping Time.

Cuchillalia.com reserves the right at all times and unilaterally to modify the price of the products and services offered through its website. To guarantee the customer certainty and security regarding the price of their products, this will be the one in force in the advertising coinciding with the moment the order is placed.

Depending on the Means of Payment adopted by the CUSTOMER (Instalments, Credit/debit card, Paypal, Bank transfer, Bizum, or Cash on delivery), certain charges (or commissions) arise which are requested by the banks or Paypal. From Cuchillalia.com, we inform you that, in its pricing policy, it has decided to bear these costs so that the CUSTOMER pays only the real price of the product, without any kind of increase in their final purchase invoice, except in the case of the Cash on Delivery payment method, where the final price is increased by the amount clearly indicated at the time of placing the order, or in the case of payment by Instalments, whose interest will depend on the amount and the term chosen to complete the payment. Said amounts will be clearly reflected at the time of purchase.

You can find out about the different payment methods in section 4.- Payment Methods.

4.- PAYMENT METHODS

In accordance with the legislation in force, we inform you that when placing an order on Cuchillalia.com, the CUSTOMER must make the payment of the full amount of their order (this includes the amount of the products requested, as well as the shipping costs if any), prior to the receipt of said order, unless Cash on Delivery or payment in instalments through Aplazame is chosen.

By placing an order on Cuchillalia.com we offer you the possibility of paying in one of the following ways:

  • By credit or debit card: We accept payments with Visa, Visa Electron, MasterCard, Maestro, American Express, Diners Club and JCB. At no time can we see or have access to your card details, as the transaction is carried out through advanced security protocols. Cuchillalia.com only receives a confirmation from the bank of the payment made.
  • Financing in instalments with Aplazame (only in Spain): At Cuchillalia.com we want to help you buy. It is fast, simple and secure. Choose your product, select Aplazame as the payment method at the end of the purchase process, choose the number of instalments and the day of the month on which you want to pay. Aplazame will grant you the credit instantly. Just with your email, your mobile and your ID number. No paperwork and no fine print. What you see is what you will pay, not a cent more!
    • When you request the loan you will be asked to make an initial down payment. The amount of your loan will be the amount of your basket minus that initial down payment. That is the amount that Aplazame will finance for you over the number of instalments you choose. For example, financing over 6 months will involve 7 payments, one at the time the credit is granted and 6 payments in each of the 6 months following the purchase.
    • Payments are made with the card the customer provides to Aplazame.
    • The SMS sent by Aplazame for processing the credit application is free of charge for you.
  • Paypal: this is a widely accepted payment method, being not only convenient for the customer but also very secure. Payment is automatic and Cuchillalia.com receives an instant notification so as to proceed quickly with the management of the order.
  • By bank transfer or Bizum (only in Spain): Payment is made through a bank transfer to the account number indicated at the time of the order or through Bizum to a telephone number that will be notified upon completion of the order. The transfer option is somewhat slower since the shipment is not made until the payment has been verified, whereas with Bizum, being immediate, the payment is verified within seconds.
  • Cash on delivery (only in Spain): The customer pays for the order at the moment it is delivered by the transport agency. The price is increased by EUR 1.95 as a bank commission and handling charge. Some items do not accept the Cash on Delivery payment method for logistical reasons.

The receipt or proof of purchase corresponding to the purchase order will be available and can be viewed on www.cuchillalia.com in the “My Order” section. Likewise, the CUSTOMER may access the list of orders placed in the “My Account” section of the top menu.

5.- DELIVERY TIMES AND PLACE

5.1.- Delivery of the product

Cuchillalia.com undertakes to deliver the product to the address that the CUSTOMER indicates in the order form. In order to optimise delivery, we ask the CUSTOMER to indicate an address at which the order can be delivered during normal working hours.

Cuchillalia.com will not be liable for errors caused in the delivery when the delivery address entered by the CUSTOMER in the order form does not correspond to reality or when data has been omitted.

Cuchillalia.com informs the CUSTOMER that it is possible, for logistical reasons, for a single order to be split into several deliveries, without this affecting the shipping cost.

5.2.- Delivery and Shipping Time

The set delivery time will vary depending on the selected product and the chosen transport agency. The times indicated are always in working days. Saturdays and public holidays are not taken into account.

The usual times, for mainland deliveries, are 24/48h when choosing the Correos Paq Premium option and 48/72h with the Paq Estandar option for those items marked on the product page as “in stock”. If there is no stock available, it will be indicated on the product page itself or in the shopping cart at the time of placing the order, and the times may vary up to a maximum of 15 working days, counting from the moment Cuchillalia.com has confirmation of the payment made.

For deliveries to the Balearic Islands, the time is around 2 to 4 days for items in stock and 15/20 days for items out of stock at the time of purchase.

In the case of deliveries to the E.U. countries served, the different times range from 5 to 8 days, depending on the destination country. If there is no stock, that time may be increased by up to approximately 15 days.

For shipments to the rest of the world, the times will depend on the destination country. We do not include customs duties for shipments outside mainland Spain, which will be borne by the recipient.

These times are averages and therefore an estimate. For this reason, they may vary for logistical reasons or force majeure. In the event of delays in deliveries, Cuchillalia.com will inform its customers as soon as it becomes aware of it.

For shipments within mainland Spain, two transport options are offered, each with the following conditions:

  • Correos:
    • EUR 3.99
    • Free shipping from EUR 40
  • Correos (Paq Premium) (24/48h):
    • EUR 4.99

For shipments to the Balearic Islands two transport options are also offered, each with the following conditions:

  • Correos (Paq Estandar 3/4 days):
    • EUR 5.99
    • Free shipping from EUR 60
  • Correos (Paq Premium 2/3 days):
    • EUR 7.99

For the rest of the destinations (in Europe, America, Africa, Asia and Oceania), the shipping price will be reflected at the time of shipment, once the country and the region/province of destination have been indicated. The price will depend on the weight of the products and the destination country.

The made-to-measure cutting boards, since they have to be manufactured exclusively for each order, have a special time of between 3 and 6 days for leaving the factory, to which the shipping must be added. The time will depend on the factory’s workload on the date of the order.

Each delivery is considered to have been made from the moment the transport company makes the product available to the CUSTOMER, which is materialised through the tracking system used by the courier.

In the event of delays in the delivery of orders attributable to Cuchillalia.com, the CUSTOMER may cancel their order in accordance with the procedure described in the section WITHDRAWAL AND RETURNS. Delivery delays will not be considered to have occurred in those cases where the order has been made available to the CUSTOMER by the transport company within the agreed time or could not be delivered due to a cause attributable to the CUSTOMER.

Once the order leaves our warehouses, an email or an SMS to the mobile will be sent to you notifying you that your order has been completed and is being shipped, as well as the expected delivery time and the shipping code so you can track it through the transport company’s website.

For security reasons, Cuchillalia.com will not send any order to PO boxes or military bases, nor will it accept any order when it is not possible to identify the recipient of the order and their address.

5.3.- Delivery details, deliveries not made

For shipments made through Correos, two delivery attempts are made. On the second unsuccessful delivery attempt, a notice will be left at the address indicated at the time of the order, so that the CUSTOMER can go and collect their order at the corresponding local CORREOS office for their area. After 15 calendar days the parcel will be returned to our warehouses and the CUSTOMER must bear the shipping costs and the return costs of the goods to origin, as well as any associated handling costs.

5.4.- Diligence upon delivery

At the time of delivery, the CUSTOMER must check the good condition of the parcel in the presence of the carrier who, on behalf of Cuchillalia.com, delivers the requested product, indicating on the delivery note any anomaly that they may detect in the packaging. If, subsequently, once the product has been checked, the CUSTOMER detects any incident such as a knock, breakage, signs of having been opened or any damage caused by the shipping, the CUSTOMER undertakes to notify Cuchillalia.com by email in the shortest time possible, within the next 24 hours from delivery. After that moment, incidents of this type will not be dealt with.

6.- WITHDRAWAL AND RETURNS

The withdrawal period will end 30 calendar days from the day on which the CUSTOMER or a third party indicated by them, other than the carrier, acquires material possession of the requested goods.

Cuchillalia.com will only accept returns that meet the following requirements:

  1. The product must be in the same condition in which it was delivered and must retain its original packaging and labelling, without having been unsealed and in perfect condition.
  2. The shipment must be made using the same box in which it was received in order to protect the product. In the event that it cannot be done with the box in which it was delivered, the CUSTOMER must return it in a protective box so that the product arrives at the Cuchillalia.com warehouse with the maximum possible guarantees.
  3. A copy of the delivery note must be included inside the parcel, on which the returned products must also be marked.
  4. The right of withdrawal will not be applicable to sealed products that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
  5. Nor will the right of withdrawal be applicable to those products made to measure (made-to-measure cutting boards) or personalised by engraving a logo or signature at the customer’s request (for example the personalised Afinox ham holders).
  6. In the case of made-to-measure cutting boards, they may present small stains of another colour, or some scratch due to handling. It is rare, but it could happen and would not be grounds for a return. They are cutting boards for industrial use in catering and food preparation, so their function would not be altered.

The failure to return the product in its original packaging implicitly entails a depreciation of its value, which will be estimated by our technicians depending on the conditions in which it is returned.

The CUSTOMER will be responsible for the diminished value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or functioning.

To exercise the right of withdrawal, you must notify Cuchillalia.com by telephone +34 654 807 990 or email comercial@cuchillalia.com of your decision to withdraw from the contract, indicating the products and the order number that you will find on the delivery note. You may also use the model withdrawal form that we provide by clicking on the link, although its use is not mandatory.

Once the withdrawal has been notified to Cuchillalia.com, THE COMPANY will indicate by email to the CUSTOMER the return address and the procedure to follow in sending the parcel.

The CUSTOMER must return the products to Cuchillalia.com, without any undue delay and, in any case, no later than within 14 calendar days from the date on which they communicate their decision to withdraw from the contract to Cuchillalia.com. The deadline will be considered met if the CUSTOMER returns the goods before the 14-calendar-day period has ended.

According to the legislation in force, the CUSTOMER will bear the direct costs of returning the goods.

In the event of Withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we receive the returned products. We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you have expressly stipulated otherwise; in any case, you will not incur any cost as a result of the refund.

We may withhold the refund until we have received the goods, or until you have provided proof of their return, whichever condition is met first.

The costs and risks associated with the return of the product will be borne by the sender. Any return that has not been paid for by the CUSTOMER at the time of shipment will not be accepted.

In the case of defective products or products that do not correspond to the order placed by the CUSTOMER, the return costs will be borne by Cuchillalia.com.

The return of defective products or products that do not correspond to the order placed by the CUSTOMER will give rise to a refund of an amount equal to the price paid for the returned product. The refund will also include any shipping costs that the CUSTOMER had paid for sending the product when placing the order.

7.- INTELLECTUAL AND INDUSTRIAL PROPERTY

The rights relating to industrial and intellectual property (by way of example and not limitation: trademarks, logos, texts, photographs, icons, images,…, as well as the graphic design, source code and other software elements contained on the website www.cuchillalia.com) are the property of Cuchillalia.com or of the wholesale companies and manufacturers of the products and services offered. They are therefore subject to intellectual and industrial property rights and protected by Spanish and international legislation.

Without the prior written authorisation, in a reliable manner, of cuchillalia.com, or, where appropriate, of the wholesale company or the manufacturer of the product holding the rights, it is not permitted to use, copy, distribute, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for visiting the page and using the services offered.

Access to the services provided does not imply on the part of cuchillalia.com any waiver, transmission or total or partial transfer of the rights derived from intellectual and industrial property, nor does it confer rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written authorisation of the respective holders of said rights, without prejudice to the right to view and obtain a private backup copy of such contents, provided that said right is exercised according to the principles of good faith and provided that the intellectual and industrial property of the holder of such rights remains unaltered, that it is used for non-commercial purposes and exclusively for the personal information of the CUSTOMER.

The liability derived from the use of materials protected by the intellectual and industrial property rights of third parties contained on this page in an unlawful manner or that transgresses morality, honour or privacy and good faith, shall correspond exclusively to the user, in all cases exonerating cuchillalia.com from any liability that may arise from such conduct.

8.- PRIVACY POLICY

We have been and are working to comply with the new GDPR law for the protection of our users’ personal data.

You can download our GDPR certification and also our Privacy and Data Protection Protocol.

In accordance with the provisions of the legislation in force on the protection of personal data, Cuchillalia.com informs the CUSTOMER of the existence of a personal data file containing the data that CUSTOMERS enter on the site. Cuchillalia.com is responsible for the file.

The CUSTOMER and data owner is informed, and gives their unequivocal consent, that by completing the various forms their personal data will be incorporated into the automated files of Cuchillalia.com, in order to be able to provide and offer our services as well as to keep the CUSTOMER informed about the products offered.

Likewise, the customer expressly consents to THE COMPANY communicating said data to companies or banks for the management of the transport and the collection of payment for the order. Cuchillalia.com may also carry out other communications of data provided for by law.

Cuchillalia.com undertakes to comply with its obligation of secrecy with respect to personal data and its duty to treat it confidentially. To this end, it will adopt the reasonable security measures provided for by law to prevent its alteration, loss or unauthorised access.

The CUSTOMER may exercise their rights of access, rectification, cancellation and objection regarding their personal data on the terms established in the legislation in force, through the email address comercial@cuchillalia.com

Likewise, and also in accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data, the CUSTOMER is informed and expressly consents that, in the event of choosing the payment in instalments method, their identifying and contact data will be transferred to APLAZAME, S.L. (hereinafter “APLAZAME“), with registered office in Madrid (28006), Calle Nunez de Balboa, 120, Tax ID No. B-87.074.977, for the purpose of enabling APLAZAME to analyse, assess and manage the credit that you as a user request, in accordance with its data protection policy which you can find at https://aplazame.com/legal/privacy-policy/.

The CUSTOMER may revoke said consent at any time and thereby exercise the rights of access, rectification, cancellation and objection that correspond to them as a user, by sending a communication to arco@aplazame.com.

9.- COOKIE POLICY.

A cookie is a small text file that is stored in your browser when you visit almost any website. Its purpose is to allow the website to remember your visit when you browse that page again. Cookies usually store technical information, personal preferences, content personalisation, usage statistics, links to social networks, access to user accounts, etc. The purpose of the cookie is to adapt the website content to your profile and needs; without cookies the services offered by any website would be significantly diminished. If you would like to consult more information about what cookies are, what they store, how to delete them, disable them, etc., please go to this link.

9.1.- Cookies used on this website

Following the guidelines of the Spanish Data Protection Agency, we hereby detail the use of cookies made by this website in order to inform you as accurately as possible.

This website uses the following first-party cookies:

  • Session cookies, to ensure that users who write comments on the blog are humans and not automated applications. This is how spam is combated.

This website uses the following third-party cookies:

  • Google Analytics: Stores cookies in order to compile statistics on the traffic and volume of visits to this website. By using this website you are consenting to the processing of information about you by Google. Therefore, the exercise of any right in this regard must be done by contacting Google directly.
  • Social networks: Each social network uses its own cookies so that you can click on buttons such as Like or Share.

9.2.- Disabling or deleting cookies

At any time you may exercise your right to disable or delete cookies from this website. These actions are performed differently depending on the browser you are using. For more information about cookies click here.

9.3.- Additional notes

  • Neither this website nor its legal representatives are responsible for the content or the veracity of the privacy policies that the third parties mentioned in this cookie policy may have.
  • Web browsers are the tools responsible for storing cookies, and it is from there that you must exercise your right to delete or disable them. Neither this website nor its legal representatives can guarantee the correct or incorrect handling of cookies by the aforementioned browsers.
  • In some cases it is necessary to install cookies so that the browser does not forget your decision not to accept them.
  • In the case of Google Analytics cookies, this company stores the cookies on servers located in the United States and undertakes not to share them with third parties, except in cases where it is necessary for the operation of the system or when required to do so by law. According to Google it does not store your IP address. Google Inc. is a company adhered to the Safe Harbour Agreement, which guarantees that all transferred data will be treated with a level of protection in accordance with European regulations. If you would like information on the use Google makes of cookies we attach this link.
  • If you still need more information you can go to the website of the Spanish Data Protection Agency and read the original documentation published here.
  • For any questions or queries about this cookie policy, please do not hesitate to contact us through the contact section or by sending an email to comercial@cuchillalia.com.

10.- MODIFICATION OF THE TERMS OF USE

Cuchillalia.com reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, Cuchillalia.com recommends that the CUSTOMER read them carefully each time they access the Website.

Customers and Users will always have these Terms of Use available in a visible place, freely accessible for any queries they may wish to make. In any case, acceptance of the Terms of Use will be a prior and indispensable step to the purchase of any product available through www.cuchillalia.com.

11.- APPLICABLE LAW AND ARBITRATION

This site is located and operated from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the principles on conflict of laws being applicable. In those cases where the user does not hold the status of CUSTOMER, or has their domicile outside Spain, THE COMPANY and the user will submit to the Courts and Tribunals of Malaga, with express waiver of any other jurisdiction that may correspond to them.

If the user decides to use or consult this site from outside Spain, they must bear in mind that they do so on their own initiative, and that they are responsible for compliance with the relevant local laws.