Terms and Conditions

TERMS AND CONDITIONS

GENERAL CONDITIONS

Barring special agreements verified in writing, the sending of an order formulated by a customer implies their agreement with the present general terms and conditions of sale. No specification made by the customer on the purchase conditions, letters, receipts or other documents will differ from those of RECIEN PESCADO, SL if it has not been expressly accepted by this company beforehand. Any change or modification will not affect the orders placed up to that moment.

ORDERS

All orders may be placed in writing or by telephone. Order confirmation will be sent to the RECIEN PESCADO, SL headquarters in writing. Any stipulation that repeals or completes these general terms and conditions of sale will be considered accepted by the customer if there is no written response from them.

PRICES

Current tax rates will be added to the product prices invoiced to customers. However, all product prices that appear on the website already include VAT. Individual orders and orders for products that do not appear in the price list shall be invoiced at the price stipulated in the commercial proposal plus the appropriate taxes.

DELIVERY

With the exception of special agreements, products will be delivered within 24–48 hours. A single delivery will be made for orders of several items, with the time frame corresponding to the longest item delivery time.

The delivery is considered complete from the moment the product is made available to the customer by the carrier and the recipient signs the delivery receipt. It is the responsibility of the recipient to verify the products upon their receipt, noting all conditions and justification for claims. If the delivered items are not in accordance with the quantity or quality specified in the delivery note, the customer must notify us within 7 days of the delivery.

Deliveries will be made at the expense of the customer, provided they do not meet the required conditions for free shipping.

Transport throughout the Mainland Spain is free on orders over €130 (VAT included). If the order is below €130, shipping costs will be €9.50 (VAT included). For deliveries to the Balearic Islands, the cost of transport will be €20 (VAT included) for orders over €130, and €29.50 (VAT included) if below €130.

PAYMENT CONDITIONS

Barring special stipulation, products shall be paid for by credit card, PayPal or Bizum

Payment terms cannot be delayed under any circumstances. Customers may not withhold any amount over the established deadlines.

The sale, assignment, leasing or transfer by the client, of all or part of their business or materials, as well as the lack of payment, authorises RECIEN PESCADO, SL, without prejudice to other rights and actions, to suspend all delivery until full payment is completed. The sums due shall be due immediately.

CANCELLATION CLAUSE

These General Terms and Conditions are governed by Spanish law.

The total or partial breach by the customer of any of their obligations, the failure to meet any payment when due, a delay in payment or, in particular, knowledge of their protest or transfer of all or part of their business, may result, at the discretion of RECIEN PESCADO, SL, on the one hand, termination of the term, and consequently, the immediate enforceability of outstanding amounts, as well as the interruption of all deliveries or, on the other, the termination of all contracts in progress.

Contracts will be terminated by operation of law and without judicial formalities within a period of seven (7) days from the date the payment request is sent to the customer, by registered letter with acknowledgement of receipt, stating the intention to use this clause.

RIGHT OF WITHDRAWAL

The fresh and frozen products sold through the mariskito.com online shop are not subject to the right of withdrawal by the final consumer as stated in art. 103 of the General Law for the Defence of Consumers and Users (Ley General para la Defensa de los Consumidores y Usuarios). Non-perishable products sold in the store are subject to the right of withdrawal. This right may be executed by contacting the company by phone, email, or any other means permitted by law, although its use is not mandatory. The consumer has 14 days from receiving the order to exercise their right of withdrawal. Once communicated, customers have another 14 days to return the goods, completing the withdrawal model. In case of withdrawal, the company will return all amounts it has received, including delivery costs, within 14 calendar days, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided an alternative means, and as long as the consumer does not incur any expenses as a result of the refund. However, the company may withhold any refunds until it receives the goods.

To the attention of RECIEN PESCADO, SL, Tax ID (CIF) B27802842, with address at Tinglado General de Empaque, Almacén nº 12, Puerto Pesquero - 36202 Vigo (Pontevedra) and email address mariskito@mariskito.com.

FORCE MAJEURE

Parties shall not be liable for any wrongdoing due to force majeure. Fulfilment of the obligation will be delayed until the end of the force majeure. If the force majeure lasts beyond two (2) months, the contract can be terminated at the request of one of the two parties, without any type of compensation.

OTHERS

Our entity is registered with Confianza Online (Non-Profit Association), registered in the National Registry of Associations Group 1, Section 1, National ID Number 594400, Tax ID (CIF) G85804011, Calle Carrera de San Jerónimo, 18 28014 Madrid (Spain). For more information: www.confianzaonline.es

These General Terms and Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law (Ley de Resolución Alternativa de Litigios), we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may go to Confianza Online for the alternative resolution of eventual disputes with our company. If these relate to online transactions with consumers or data protection in this area, claims will be resolved by the Confianza Online Mediation Committee, accredited for the alternative resolution of consumer disputes. If the claims are about digital advertising, or about data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.

We also remind you that you can access the online dispute resolution platform of the European Union at the following link:  https://ec.europa.eu/consumers/odr/main/?event=main.home2.show