Terms and Conditions of Purchase

Terms and Conditions of Purchase

Please read these terms and conditions carefully, as by placing an order via this website, you are agreeing to be bound by these Terms and Conditions of Purchase, the Website Terms of Use, our Privacy Policy and our Cookie Policy. If you do not agree to all of these terms and policies, you must not use this website.

These Terms and Conditions of Purchase may be amended at any time, so please read them before making any purchase via our website. If you have any questions about these Terms and Conditions, you can contact us by emailing hola@balcamdg.es or by calling +34 934 142 667 from Monday to Friday, 10.00–13.00, excluding local, regional or national public holidays.

1. Company details

In accordance with current legislation, we hereby inform you that the owner of this online shop is BALCAM DIAGONAL, S.L. (hereinafter “Balcam Diagonal”), with tax identification number (CIF) B64678816, registered address at Avenida Diagonal 520, 08006 Barcelona (Spain), telephone number 93 414 26 67 and contact email address hola@balcamdg.es.

2. Scope of sales, acceptance of the terms and conditions of purchase and privacy policy

This policy sets out the terms and conditions governing sales, cancellations, withdrawal, returns and refunds applicable to purchases made via the online shop available on the website balcamdg.es (hereinafter “the Website”), intended for end consumers aged 18 or over.

2.1 Scope of sales

Sales are restricted exclusively to mainland Spain and the Balearic Islands. Deliveries cannot be made to Ceuta, Melilla or the Canary Islands.
As these are food products that may be affected by high temperatures, online sales will be limited to the period from 1 October to 30 April. Except in exceptional circumstances and subject to the customer’s prior acceptance of the risks involved, no orders will be dispatched during the months of May, June, July, August and September.

2.2 Acceptance of the terms and conditions of purchase and privacy policy

Before proceeding with your purchase, you must confirm your acceptance of these Terms and Conditions by ticking the box marked ‘I accept the terms and conditions of purchase and the privacy policy’. By doing so, you declare that you have read and accept, without reservation, these terms and conditions of purchase and, in particular, that:

  1. He is over 18 years of age and has sufficient legal capacity to be bound by the terms and conditions of the contract.
  2. You undertake not to place any false, fraudulent or speculative orders.
  3. You are required to provide us with your correct email address, contact telephone number, billing address, delivery address and any other contact details essential for the dispatch and receipt of orders.
  4. Please note that if you do not provide us with all the required information, we will not be able to process your order.
  5. We do not dispatch items to PO boxes. For this reason, you must provide us with your full and accurate delivery address.

3. Purchasing process

  1. For each order, you must select the products you wish to purchase and add them to your basket.
  2. Before you confirm your order, a summary will be displayed showing the products, quantities, total price, taxes, delivery charges (if any) and the payment method.
  3. The order will be considered confirmed once the customer has completed the payment process via the virtual POS terminal or the method available at the time, and Balcam Diagonal displays a confirmation on screen and sends a confirmation email to the customer.
  4. Balcam Diagonal reserves the right to refuse orders in the event of incomplete details, unauthorised payments, fraudulent use or use contrary to good faith, or should any exceptional circumstances arise that require it to do so.
  5. In any event, all orders are subject to availability. Should any difficulties arise regarding supply or stock, you will be refunded the cost of the item in question. Balcam Diagonal reserves the right to remove any product from this website at any time, without this implying any liability on its part.

4. Prices, taxes and delivery charges

1. All prices shown on the website are in euros and include the applicable tax (VAT) at the time.
2. Any delivery charges will be shown in detail before the customer confirms the order.
3. Delivery charges will be as follows:

Mainland Spain

Mainland Spain

Balearic Islands

Balearic Islands

4. Balcam Diagonal reserves the right to change prices at any time. However, the prices in force at the time of purchase confirmation will apply to the order.

5. Payment methods

  1. Payment for orders will be made by bank card (credit or debit) or other methods that may be introduced in the future, via the Redsys virtual POS terminal provided by Banco Sabadell, or another equivalent secure payment gateway.
  2. The payment system uses security and encryption protocols to ensure the confidentiality of customers’ card details.
  3. Balcam Diagonal does not store full bank card details; transactions are processed directly through the financial institution and the payment platform.

6. Confirmation and invoicing

  1. Once payment has been made, the customer will receive an order confirmation email from Balcam Diagonal containing the details of the purchase and the order number. Please make sure you keep this number for future reference.
  2. The customer may request that the relevant invoice be issued; it will be sent electronically to the email address provided.

7. Delivery times and delivery location for the products

  1. Orders will be delivered to the address provided by the customer within the estimated delivery times shown during the checkout process, unless there are circumstances beyond our control or transport issues. Please note that the delivery dates shown at checkout are only an estimate. They are not guaranteed delivery dates.
  2. In the event of significant delays, stock shortages or an inability to deliver, Balcam Diagonal will inform the customer as soon as possible to agree on a solution (a new delivery date, an alternative product or a refund). ​

7.1 Inability to deliver or refusal to accept delivery

If delivery is not possible, the courier will try to contact you to arrange a new delivery.

If delivery cannot be made due to issues attributable to Balcam Diagonal or the courier company, we will arrange for the goods to be returned and refund the amount paid.

If delivery is not made for reasons attributable to the customer, due to:

  1. A failure on the part of the client to respond to notifications from the agency or Balcam Diagonal, whether by email, text message and/or telephone calls, or
  2. A refusal to accept the order

In that case, the return will be arranged and a refund will be issued, with the cost of the outward and return journeys, as well as handling and administration fees, deducted from the total amount.

The timeframe for a refund in cases such as these is usually between 20 and 30 days.

8. Right of withdrawal

8.1. General nature

In accordance with consumer legislation, the customer has a period of 14 calendar days from receipt of the order to exercise their right of withdrawal, except in the cases set out below. ​

8.2. Excluded products

The following legally prescribed cases, which are particularly relevant to food products, are excluded from the right of withdrawal, amongst others:

  • Goods that are liable to deteriorate or expire rapidly.
  • Sealed goods which are not suitable for return on health or hygiene grounds and which have been unsealed after delivery.
  • Goods made to the consumer’s specifications or clearly personalised.
    ​

As Balcam Diagonal mainly sells food and confectionery products, most of its products will fall into one of the above categories and, therefore, cannot be returned once delivered, unless expressly stated otherwise in the product description.

8.3. How to exercise your right of withdrawal (where applicable)

In cases where the right of withdrawal does apply:

  1. The customer must notify us of their decision to withdraw from the contract within 14 calendar days, by email to hola@balcamdg.es or by any other means that provides a record of their decision. ​
  2. The customer must clearly identify the order (number, date, name and contact details).
  3. The product may be returned, but it must be in perfect condition: in its original packaging and with all its accessories, unopened and unused. It must not be damaged or worn. It must be as good as new.
  4. It must be sent to the address provided to the customer by Balcam Diagonal.
  5. Please ensure that the returned items are packed in a single parcel. We recommend that you send the parcel via a carrier that offers a tracking service so that you can monitor the return of the items.
  6. The customer shall bear the direct costs of the return, unless Balcam Diagonal states otherwise in writing. Cash-on-delivery returns will not be accepted.

8.4. Refund in the event of a valid withdrawal

Once the product has been received and its condition has been verified, Balcam Diagonal will refund the amount corresponding to the product, using the same payment method used by the customer, unless otherwise expressly agreed.
Balcam Diagonal may withhold the refund until it has received the goods or until the customer has provided proof of return, whichever occurs first.

8.5. Electronic withdrawal function

In accordance with Directive (EU) 2023/2673, which amends Directive 2011/83/EU on consumer rights, and for those orders to which the right of withdrawal applies in accordance with section 8.2 above, Balcam Diagonal provides the customer, in addition to the email notification referred to in section 8.3, with a clear, identifiable and easily accessible electronic withdrawal function, available on the website itself throughout the statutory withdrawal period (14 calendar days).

This function enables the customer to notify the company of their decision to withdraw from the contract immediately, providing an electronic record of the date and content of the notification, without prejudice to the customer’s right to also choose to use email or any other means that provides a record of their decision.

As most of the products sold by Balcam Diagonal are excluded from the right of withdrawal due to their perishable nature or for food hygiene reasons (section 8.2), this online withdrawal function will only apply to those products which, according to their product description, expressly allow for withdrawal.

9. Cancellation of orders before dispatch

  1. The customer may request the cancellation of their order provided that it has not yet been prepared or dispatched. If the product has already been dispatched, the customer must wait until it has been received before processing the return.
  2. To do this, please contact Balcam Diagonal as soon as possible by emailing hola@balcamdg.es, quoting your order number. ​
  3. Should the cancellation be accepted, Balcam Diagonal will process the cancellation of the transaction and the refund of the amount paid via the same payment method, in accordance with the procedures established by the financial institution and the Redsys platform.

10. Returns due to a faulty product or error

Without prejudice to the restrictions on the right of withdrawal in relation to food products, the customer shall be entitled to a repair, replacement or refund where:

  • The product arrives in poor condition or damaged, and this has been documented at the time of delivery by the carrier.
  • There is an error in the product dispatched compared with the order placed.

In the following cases:

  1. The customer must contact Balcam Diagonal within a reasonable period of time after receiving the product, preferably within 24–48 hours, providing photographs and information that will enable the issue to be verified.
  2. Balcam Diagonal will assess the situation and, where appropriate, offer a solution involving the replacement of the product, the dispatch of a new order, or a partial or full refund of the amount paid, at no additional cost to the customer.

11. Refund procedure

  1. Where a refund is due (due to a valid withdrawal, an accepted cancellation or an issue attributable to Balcam Diagonal), it will be made using the same payment method used by the customer, where possible.
  2. Balcam Diagonal will process the refund within a maximum of 14 calendar days from receipt of a valid notice of withdrawal, from the date the order cancellation is accepted, or from the date the incident attributable to Balcam Diagonal is confirmed, as applicable, unless the regulations themselves permit the refund to be withheld in accordance with section 8.4.
  3. Once Balcam Diagonal has initiated the refund, the actual time it takes for the customer to see the credit reflected in their account may vary depending on the card-issuing bank, and may take a few extra days depending on each bank’s procedures. This banking processing time is beyond Balcam Diagonal’s control and does not form part of the 14-day period indicated above.
  4. Balcam Diagonal will handle the refund or payment cancellation via the virtual POS terminal or the system set up by the financial institution, in accordance with its internal procedures.

12. Payment security

  1. Transactions carried out via the website are processed through secure payment gateways that comply with the standards required by financial institutions and by Redsys.
  2. Balcam Diagonal accepts no liability for any losses that may arise from technical faults, service interruptions or incidents relating to the virtual POS terminal beyond its control, although it will cooperate with the organisation to resolve any reasonable incident. The foregoing is without prejudice to any liability which, in accordance with consumer and user protection regulations, cannot be exempted or limited, in particular in the event of wilful misconduct or negligence attributable to Balcam Diagonal.

13. Customer service and complaints

Should you have any queries, issues, complaints or requests for information relating to online purchases, please contact Balcam Diagonal using the following methods:

  • Email: hola@balcamdg.es
  • Telephone: 93 414 26 67
  • Postal address: Avenida Diagonal 520, 08006 Barcelona, Spain.

Balcam Diagonal undertakes to respond to enquiries and complaints as quickly as possible and, in any event, within the time limits laid down by law.

Any written communication sent to you by Balcam Diagonal shall be deemed to have been received 24 hours after it has been sent by email.

If you have not received any notification after placing an order, please check whether the order has been completed and paid for correctly, or whether the email address you entered on the website is the same as the one you are currently using.

14. Policy amendment

Balcam Diagonal reserves the right to amend this Sales, Cancellation and Withdrawal Policy at any time; however, such amendments shall not affect purchases already made prior to the date on which they come into effect.

15. Applicable law, jurisdiction and dispute resolution

These Terms and Conditions of Purchase are governed by Spanish law, and in particular by Royal Legislative Decree 1/2007 of 23 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and other applicable Spanish and European legislation relating to electronic contracting and consumer protection.

For the resolution of any dispute arising from the interpretation or performance of these terms and conditions, and without prejudice to the rights to which the consumer is entitled under current legislation, the courts and tribunals of Barcelona shall have jurisdiction, in accordance with the rules on territorial jurisdiction applicable in consumer matters.

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council, the customer is hereby informed that, in the event of a dispute regarding a purchase made, they may access the European Online Dispute Resolution (ODR) platform via the following link: https://ec.europa.eu/consumers/odr. Furthermore, the customer may address their complaints directly to Balcam Diagonal using the contact details set out in section 13.