General terms and conditions

Return Policy

1. Information Prior to the Procurement Procedure:

1.1. These General Contracting Conditions, together with the particular conditions that may be established, regulate the commercial relations between FRESHCADO RECIÉN PESCADO SL, with CIF B19328939 and address in Guadalajara, Av. Castilla, 12 – 19002 and the Users who contract the products through our online store.

1.2. The purchase of products through our store implies the prior and full acceptance of these General Terms and Conditions and the Special Conditions governing the purchase.

1.3. To contract products, customers must be over eighteen (18) years of age and register as users by providing the required personal data.

FRESHCADO RECIÉN PESCADO SL reserves the right to prevent access and/or contracting to any registered user who violates our conditions or acts against the rules of good faith.

2. Products Offered:

We offer a wide selection of fresh products, such as fish, seafood and smoked products, with details about their characteristics and prices available in our online store. FRESHCADO RECIÉN PESCADO SL may, at any time, add new products to those included, it being understood, unless expressly provided otherwise, that such new products shall be governed by the provisions of the General Conditions of Contract in force at that time. Likewise, FRESHCADO RECIÉN PESCADO SL expressly reserves the right to stop providing access, at any time and without prior notice, to any of the products offered in the Store, either for reasons of availability or for any other reason.

3. Additional Information on the Products Offered:

3.1. We provide detailed information on each product, including conservation tips, ways of preparation and recommended recipes. Regarding preservation, fish and shellfish can generally be kept in a refrigerator or cooler at a temperature between 0° and 4°C for up to ninety-six (96) hours, even longer for some specific products that would be indicated in your case. In a freezer, they may be kept even longer, provided that the cold chain has been maintained and that the storage temperature is below -18°C (-18°F).

3.2. In case the products are to be consumed raw or semi-raw, the recommendations issued by the Spanish Agency for Food Safety and equivalent bodies in the Autonomous Communities should be followed and, in any case, according to the provisions of Royal Decree 1420/2006, of December 1, on the prevention of anisakis parasitosis in fishery products, the entire product should be previously frozen at a temperature equal to or lower than -20 °C, for a period of at least twenty-four (24) hours. The same recommendation should be followed for smoked, pickled or salted products.

4. Product Pricing:

4.1. At FRESHCADO RECIÉN PESCADO SL, the prices indicated in our online store include Value Added Tax (VAT) and will remain constant, except for typographical errors. We reserve the right to modify the prices of our products without prior notice. It is important to note that shipping costs are not included in the price.

4.2. The prices offered in our online store are exclusive for purchases made in this medium and may vary from the prices established in our physical stores.

The prices of our products are determined based on the gross weight of the item, i.e. before any additional preparation requested by the customer during the purchase process. In FRESHCADO RECIÉN PESCADO SL, we do not apply additional charges for the preparation of the products. It is important to note that the waste generated during this process will not be sent for reasons of hygiene and food safety.

5. Contracting Procedure:

5.1. In FRESHCADO RECIÉN PESCADO SL, all the contracting process is carried out in Spanish to ensure clarity and understanding for our customers.

5.2. To purchase products through our online store, the customer must register, providing all required data in accordance with the provisions of the General Conditions of Contract, as described in section 1.3.

5.3. Once the user has registered, he/she will be able to select the products he/she wishes to purchase and follow the steps indicated during the navigation process on our platform.

5.4. The contract shall be considered completed at the time of payment of the selected products.

5.5. After the completion of the purchase, FRESHCADO RECIÉN PESCADO SL will send the user a receipt of the transaction by e-mail in the shortest possible time.

5.6. The corresponding invoice will be sent to the customer by email. In FRESHCADO RECIÉN PESCADO SL, we are committed to comply with the preferences of our customers regarding the receipt of the invoice.

6. Method of Payment:

In FRESHCADO RECIÉN PESCADO SL, we offer several forms of payment, by credit card and PayPAL. The card data will be entered on the page corresponding to the payment process, without any additional charge to the customer. It is important to note that all payment data will be processed directly by Banco La Caixa through the Virtual POS system, ensuring the security and confidentiality of the customer’s banking information. At no time FRESHCADO RECIÉN PESCADO SL will make any treatment or access to the customer’s bank details, as this process is carried out completely outside our company. This measure is taken to ensure the privacy and protection of the financial data of our customers.

7. Shipment of the Order:

7.1. Once we prepare your order, our cold transport agency is in charge of picking it up. All products leave our facilities perfectly packaged and packed to ensure that they arrive in optimal conditions at their destination. We work with express cold service companies to maintain the cold chain at all times and guarantee the correct preservation of the product.

7.2. We ship orders to the address you provided during the registration process or the shipping address you provide in your order. During the navigation, you will have the option to enter a different address for each order. It is important to make sure that the shipping address is correct. FRESHCADO RECIÉN PESCADO SL is not responsible for shipments to incorrect addresses provided by the customer.

7.3. Our delivery service is national. In the Balearic Islands, we deliver only to the islands of Mallorca, Menorca and Ibiza.

7.4 Delivery times, when you make a purchase of fresh products, such as seafood and fish, on our website, we offer you the flexibility to choose the exact date you wish to receive your order. Here’s how it works:

• Choice of Delivery Date: At the end of the purchase process, you will have the option to select the date on which you wish to receive your order. You will be able to choose the day that best suits you.
• Delivery Days: Our fresh products come from the fish market and are purchased the day before delivery. For this reason, orders are delivered 48 hours after purchase. Deliveries are made from Tuesday to Friday depending on the day the order is placed.
• Emergencies: If you need your order urgently or want to know the exact delivery date, please refer to the table provided on our website for detailed information on delivery times.

In short, we work with high quality fresh products, and our goal is to ensure that you receive your order conveniently and freshly. We offer the possibility to select the delivery date that best suits your needs.

Delivery times:

7.5. It is important that someone is available to receive the order at the shipping address. In the event that delivery is not possible due to causes attributable to the customer, the customer will be responsible for both the cost of the order and the shipping costs.

8. Breach of Contract:

In FRESHCADO RECIÉN PESCADO SL, we are committed to maintain a complete availability of all products we offer in our online store. In case a product is not available, it will be automatically removed from our catalog. However, if for any reason we cannot fulfill the contract, we will inform you by email or phone about the unavailability of the product. In that case, we will proceed to promptly refund any payment you have made, following the provisions of Article 104 of Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCyU).

9. Right of Withdrawal:

Given the nature of the main products offered in our online store and in accordance with the provisions of Article 102 of the TRLGDCyU, customers do not have the right to withdraw from their purchases once made for personalized products.

For the rest of the products available in the store, customers may exercise their right of withdrawal within the period and under the conditions established by current regulations, provided that the products have not been unsealed and are kept in their original condition.

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.

The withdrawal period shall expire 14 calendar days from the day on which you, or a third party other than the carrier and indicated by you, acquired the material possession of the goods. In the event that the goods in your order are delivered separately, the period shall expire 14 calendar days from the day on which you, or a third party other than the carrier and indicated by you, acquired the material possession of the last of those goods.

To exercise the right of withdrawal, you must notify FRESHCADO RECIÉN PESCADO SL, CIF B19328939 and domiciled in Guadalajara, Av. Castilla, 12 – 19002, Spain, by telephone at 949 23 40 18, or by sending an email to contact@freshcado.com, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). In order to comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right is sent before the expiry of the withdrawal period.

Exceptions to the Right of Withdrawal

In some cases this right may not be exercised in accordance with Article 103 of Royal Legislative Decree 1/2007. These exceptions include:

d) The supply of goods that may deteriorate or expire rapidly.

e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

Consequences of Withdrawal

In case of withdrawal by you, we will refund all payments received, including delivery charges (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by us) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make the refund using the same means of payment used by you for the initial transaction, unless you instruct us otherwise, expressly detailing the means of payment through which you wish us to make the refund. You will not incur any charges as a result of the refund. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first.

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10. Incidents, Consumer Claims and Termination of the Contract:

10.1. If there is any incident related to your purchase, please do not hesitate to contact us. You can call us at 949 23 40 18 or send us an e-mail to contact@freshcado.es

10.2. In accordance with Article 27 of Decree 152/2001, of September 13, which approves the Regulations of Law 11/1998, of July 9, 1998, on Consumer Protection of the Community of Madrid, we wish to inform you that we have Complaints Sheets at our registered office for your disposal.

10.3. In case of any deficiency in the delivery of the products of your order, you have the right to terminate the contract and request a refund of the amount paid.

11. Protection of Personal Data:

11.1. In compliance with the General Data Protection Regulation (GDPR), in force since May 26, 2016, we want to inform you about the existence of a personal data file created and managed by FRESHCADO RECIÉN PESCADO SL. This file is under our responsibility and is used for the purposes of information, product recruitment, personalized navigation, consultations and / or surveys, as well as for promotional and advertising activities that may be of interest to you to improve our products.

11.2. By browsing our Store, as well as during the commercial relationship and/or delivery of the products purchased, you expressly agree to the inclusion of your data in our automated personal data file mentioned above. During data collection, we will inform you whether it is mandatory or voluntary to provide certain information to place orders.

11.3. You have the right to exercise your rights under the Personal Data Protection Act, including access, rectification, cancellation of data, opposition and revocation of consent for the transfer of your data. You can exercise these rights by sending us a request by email to contact@freshcado.es or by regular mail, indicating your name, surname, email address and password used during registration.

11.4. We would like to inform you that, in order to access certain parts of our Store, it is necessary to complete registration forms in which you are asked to enter personal data.

11.5. We undertake to respect the confidentiality of your data and to use them only for the established purposes, complying with current regulations and adopting all necessary measures to guarantee their security and avoid their alteration, loss, unauthorized processing or access.

12. Applicable Legislation:

Contracts made through our Store shall be subject to Spanish law in all matters not specifically contemplated in this agreement, including its interpretation, validity and execution.

13. Modifications of the General Conditions of Contract through the Store:

We expressly reserve the right to modify at any time and without prior notice the General Conditions of Contract through our online Store. These modifications will be published in the Store so that Users may be aware of them before making any purchase. It should be noted that such modifications will not have retroactive effect and will not affect transactions made prior to their publication in the Store.

14. Communications and customer service:

We will communicate with our customers by e-mail to contact@freshcado.es, by regular mail or by telephone. It is important that the customer indicates his name and surname, e-mail address, telephone number and the password with which he registered.