1. Acceptance and availability of the General Terms of Contract

By accepting this agreement, the user declares:

1. They are of legal age and have the legal capacity to enter into contracts.
2. They have read and accepted the general conditions, the cookie policy, and the privacy policy mentioned in the legal notice.

These General Terms regulate the legal relationship in the contracting processes carried out between the user or customer of the website (https://bioterra.es) and the company that owns it, with the following registered address:

Productores de Frutos Secos Españoles, S.L. (B06629661), hereinafter referred to as “Bioterra”,

Vasco Núñez de Balboa Street, 21

06196 Corte de Peleas, Badajoz, Spain

info@bioterra.es

Users accept the General Terms and Conditions from the moment they use or contract the service or purchase any product. This document can be printed and stored by them at any time.

2. Applicable regulations

These General Terms and Conditions are subject to Law 7/1998, of April 13, on General Conditions of Contracting, Law 3/2014, of March 27, General Law for the Defense of Consumers and Users, Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with General Conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on Retail Trade Regulation, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

Customers residing outside of Spain and in jurisdictions where the application of Spanish law is not permitted will not be able to make purchases of Bioterra products.

3. Modification of the General Terms and Conditions

Bioterra may modify the General Terms and Conditions by notifying customers in advance, with the aim of improving the services and products offered through its website.

By modifying the General Terms and Conditions, this duty of notification will be considered fulfilled.

To indicate their validity, the date and version of the conditions will always be stated in the header of this document just below its initial title.

In any case, before using the services or purchasing products, the General Terms and Conditions can be consulted.

4. Description of products, prices, and services

Bioterra’s products that are sold through the acquisition of the same via the website (https://bioterra.es) are presented with characteristics, brand, price, technical information, and images that reflect the product as faithfully as possible and whenever possible, exactly as it is sent to the customer.

The offer of Bioterra’s products is of indefinite validity and may be modified, corrected, or canceled without prior notice to users, as well as the published prices.

While products will be valued based on the rates in effect at the time the order is placed.

Our product offers and prices are valid while displayed on the website and always subject to available stock.

For products not in our warehouses, our offers and prices are valid under the condition of availability in our warehouses.

In any case, the availability status of products will be displayed prior to each order, enabling or disabling the “add” button to add them to the order or not.

However, if the product is not available after placing an order, you will be informed by email or phone about the delivery of only a part of your order or the cancellation of the same. In any of these cases, the customer will receive a full or partial refund of the order amount within a maximum period of 30 days from the order placement.

The prices of our products are displayed by default in euros, and prices in alternative currencies are estimates based on the exchange rate at the moment. Modifications to these prices will not affect orders placed prior to the change. They include the applicable VAT rate in the Peninsula and Balearic Islands, and exclude shipping costs, the amount of which will be indicated at the time of order confirmation.

Lastly, there is also the possibility to publish a second price when the product is subject to some form of discount. In this case, the discounted price will be applied in the same purchasing process, indicating the applied discount.

Bioterra’s civil liability for the supplied products is limited to their amount; the user or consumer waives any claim for liability against Bioterra for any reason in case of dissatisfaction with the purchased products, as well as potential malfunctions, slow access, or errors in accessing the website, including data losses or other information that may exist on the user’s computer or network accessing https://bioterra.es.

Specifically, Bioterra does not guarantee the accuracy of the product information published on the website, as while the detailed information provided by the producer on the product’s packaging is collected when the product is published on the website, any subsequent variations that may occur are not immediately captured by the company or transmitted to the website until explicit knowledge of the change is obtained, either through subsequent notification from the producer or through periodic review by the Bioterra team.

5. Orders

Orders placed on the Internet through https://bioterra.es entail contractual data between the customer and Bioterra, which will be confirmed and collected by both parties before shipment.

Bioterra reserves the right to cancel or reject any order from a customer with whom it has a dispute regarding payment of a previous order. On the other hand, it commits to accepting order requests in accordance with the terms of the general sales conditions presented here.

The customer declares that they are aware of and accept these general sales conditions before confirming their orders.

Confirmation of an order therefore implies acceptance of these General Sales Conditions. Unless proven otherwise, the data recorded by Bioterra constitutes evidence of the entirety of transactions carried out between the company and its customers.

For the purposes of these General Conditions and the faithful fulfillment of obligations by both parties, orders placed via the website or by phone before 3:00 PM will be considered orders for the day, with the sole exception of those whose chosen payment method is bank transfer, in which case the order will be included on the day the payment amount is received (properly identified with the order number in the reference) into the company’s bank account.

In the case of guest programs, it will be an essential condition that both the recipient of the order and the delivery address do not match those of the previous customer who placed the invitation.

There is no minimum purchase amount. For the purpose of our shipping policy, orders placed and confirmed via the website or by phone before 3:00 PM are considered orders for the day, with the sole exception of those whose chosen payment method is bank transfer, in which case the order will be included on the day the payment amount is received (with the order number indicated in the reference) into the company’s bank account.

6. Payment Methods

Payment for any purchase at https://bioterra.es can be made by credit/debit card (Visa, Mastercard, Visa Electron, and/or similar), by bank transfer to our bank account, and through the PayPal system.

The card used for payment must be issued by a bank or savings bank with its registered office in any member state of the European Union or continental Europe.

Bioterra reserves the right to change or modify the bank account for customers to make payment via bank transfer, but in any case, an email will be sent to the customer with the details for the transfer for these orders.

Bioterra also reserves the right to modify the conditions of each payment method in order to occasionally apply an additional charge to the customer for the cost of the payment method itself.

All purchase transactions at https://bioterra.es are carried out within a strict framework of confidentiality and encryption thanks to the SSL protocol. The company never has access to the customer’s bank details nor stores them on its servers. For this reason, they must be provided again each time a new purchase is made on the website, unless a payment data storage service is contracted with a duly certified third party to ensure absolute privacy of the same.

7. Shipping

The transportation of items purchased on https://bioterra.es will be carried out through an external courier company. Delivery times are shown in the following table as normal times, without prejudice to the possibility of variation depending on the specific circumstances of each order, such as the availability of the chosen product or the delivery area. Likewise, in exceptional circumstances, this period could be altered due to factors external to the carrier or due to delivery difficulties.

To avoid incidents in delivery (incorrect addresses, inability to locate a customer at the address, etc.), it is essential to correctly fill out the corresponding form, and it is mandatory to fill in the box for contact phone numbers.

Please refer to the following table to know the delivery period:

* Delivery under normal conditions, not considering holidays or non-working days in the delivery area.

Bioterra’s responsibility is limited in cases of force majeure (strikes, adverse weather conditions preventing normal traffic by land, sea, or air, etc.). Orders affected by such circumstances will be delivered as soon as possible.

Delivery times depend on order processing and shipping time and may vary depending on the distribution network provided by the transportation agency in each region. At the time of delivery, the customer should not make any payment unless they have chosen cash on delivery, in which case they must pay the order amount, transportation, and the surcharge for this service upon receipt.

The delivery times for an order vary for each sale; however, under normal conditions, the minimum delivery time for an order placed through https://bioterra.es/ before 15:00 hours will be 2 days, and the maximum will be 7 working days, depending on the type or category of product and the delivery location. We always strive to adhere to the conditions outlined for each type of shipment.

Bioterra offers customers the option to save their identification data and shipping addresses to expedite the process in future purchases by simply selecting one of the various addresses stored in the system. In addition, you can modify, delete, or add new addresses, as well as access previous orders.

Bioterra assumes no responsibility for the consequences of potential delivery delays.

The transportation company will attempt delivery up to 2 times at the address provided by the customer. It is the customer’s responsibility to be present at the location provided to Bioterra. If the recipient is not located at the specified delivery location in the order, the transportation agency will attempt to get in touch so that the recipient can specify the exact date, time, and location for the second delivery attempt. If not, the second attempt will be made on the next business day. If delivery cannot be completed after this, the carrier may return the package to the origin or, in certain cases, delivery may be arranged at the nearest offices of the transportation company, and Bioterra will refund the order amount, deducting the return costs.

8. Returns

In accordance with Spanish legislation, all products purchased online must adhere to consumer rights in the same way as traditionally purchased items. Therefore, we outline below Bioterra’s return policy for its products.

All Bioterra items are inspected before being sent to the customer’s home to ensure they arrive in good condition. Before accepting any order, make sure it is properly packaged. If not, do not accept it and contact us to report the issue and proceed with a solution. By signing the delivery receipt from the transportation agency, you implicitly accept that the package is in perfect condition. Therefore, the transportation agency will not accept subsequent claims, and we will not be able to accept its return.

If you are not satisfied with the product you purchased through our website, you have a period of 14 days from the delivery date to initiate its return. To proceed with the return, the customer must contact us through our contact form or our customer service number.

To complete the return, both the product and its packaging must be in perfect condition, without any damage or modifications after delivery, and including all accompanying documentation and accessories. The customer must send the product to our facilities, bearing the generated costs, and will be responsible for ensuring proper packaging to ensure damage-free transport. Once the product is received and verified to be in the same condition as when it was sent, a refund will be issued, minus the return costs*, via bank transfer or the payment method determined by Bioterra at that time.

Permissible reasons for product returns:

• The delivered product does not correspond to the ordered product.
• In the event that the delivery time exceeds the contractual period, we will get in touch with you to provide you with an approximate date. If the delay is such that the order is no longer useful, we recommend that you do not accept the delivery and thus save the return costs.
• If the product is sent to an incorrect address, we will contact you to expedite the necessary corrections and deliver the product to you as soon as possible. If we are unable to make these corrections within the contractual period, we recommend that you do not accept the delivery and save the return costs.

Condition of the products for accepting returns:

• For a return to be accepted, it is essential that the product is sealed, in its original packaging, and in perfect condition.

Procedure for product returns:

• If you wish to return a product, please contact us through our contact form, at the email address info@bioterra.es, or by calling our customer service number and provide us with the order number and the reasons for the return.
• After contacting us, you can send the product to the address provided for verification and subsequent refund.
• The expenses generated by the return (preparation and packaging, shipping costs, return to platform costs, verification, and restocking) will be borne by the customer.

Maximum period established for returns:

• A maximum period of 14 natural days from the delivery of the order to the consumer is established, in accordance with Law 3/2014, of March 27, which amends the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16. After this period, no returns will be accepted.

9. Intellectual property

The contents provided by Bioterra are subject to intellectual and industrial property rights and are the exclusive property of Productores de Frutos Secos Españoles, S.L. or the individuals or legal entities that are informed.

By acquiring a product or service, Bioterra does not confer any right to the purchaser to alter, exploit, reproduce, distribute, or publicly communicate it, reserving all these rights.

The transfer of said rights will require the prior written consent of Bioterra. The customer may not make these contents available to third parties. Intellectual property extends not only to the content included on https://bioterra.es but also to its graphics, logos, design, images, and source code used for its programming.

10. Use of the service and responsibilities

The user agrees to use the services and content of the website in accordance with the law, morality, public order, and these General Terms of Use. Likewise, they commit to making appropriate use of the services and/or content of the website and not to use them for unlawful activities or activities that constitute a crime and/or that violate regulations on intellectual and industrial property, or any other forms of applicable legal framework.

Bioterra reserves the right to suspend or cancel, in whole or in part, with or without prior notice, any content or user account that violates these terms of use.

Likewise, Bioterra does not guarantee the permanent availability of the services and is exempt from any liability for possible damages caused due to the unavailability of the service due to force majeure or errors in data transfer telematic networks, beyond its control.

Bioterra is not responsible for the content of links to other websites that are not owned by Bioterra and therefore cannot be controlled by it.

By registering as a user, the customer accepts that https://bioterra.es will send newsletters containing advertising to their email address, as well as storing their personal data and shipping addresses solely for the purpose of facilitating future purchase processes on the website.

The customer acknowledges that the information provided by Bioterra through its services is not of a legal nature and is solely offered for informational purposes.

The consultation service is provided for informational purposes and has expressly limited effects as documents that may be relevant are not reviewed, and complete information is not available in any case. Therefore, it represents a limited opinion subject to further clarification.

11. Privacy and Personal Data Protection

By providing their email address or other personal data, which is a necessary requirement for the contracting of certain services, customers give their permission for such addresses to be processed and used for sending commercial communications promoting or advertising services and products exclusively offered by https://bioterra.es, without the option to transfer them to other individuals or companies.

Bioterra provides customers with the email address info@bioterra.es to revoke the given consent.

Additionally, the company declares that it complies with current regulations regarding data protection, particularly Organic Law 15/1999 of December 13th on Personal Data Protection and Royal Decree 1720/2007 of December 21st, which develops the aforementioned organic law.

Bioterra provides customers with the contact methods mentioned in the previous paragraph to exercise the rights of access, rectification, cancellation, and objection guaranteed by current legislation.

12. Applicable legislation and competent jurisdiction

These purchase conditions are subject to Spanish law, and the sales transactions will be deemed conducted at Bioterra’s domicile.

The parties, at their discretion, for the resolution of disputes related to contracts made under these general conditions through transactions carried out on the website https://bioterra.es, submit to the jurisdiction of the courts and tribunals at the customer’s domicile.

13. Notifications

All notifications, requests, demands, and other communications to be made by the parties in relation to these General Conditions must be in writing. They will be deemed duly made when delivered by hand or sent by regular mail to the other party’s domicile or to their email address, or to any other domicile or email address that each party may indicate for this purpose to the other.

14. Nullity and ineffectiveness of clauses

If any clause included in these General Conditions were declared, in whole or in part, null or ineffective, such nullity or ineffectiveness would only affect said provision or the part thereof that is null or ineffective, with the General Conditions remaining in force for the rest, and said provision or the part thereof that is affected being considered null.

SPECIFIC CONDITIONS FOR BUSINESSES

• PRICE

Prices are net (VAT and transportation not included). VAT is in all cases 4%, except for roasted almonds, the range of chocolate products, almond pastes, and Christmas preparations, where it is 10%.

The price of bulk orders of nuts, dried fruits, and industrial products is applicable for orders of 10 kg and above. They are presented in cardboard boxes of 10 kg, sacks of 25 kg, or big bags. In the 10 kg box format, the goods can be vacuum-sealed or packed in a protective atmosphere for an additional cost. For quantities less than 10 kg, they would be packed in a protective atmosphere in bags of 750g or lower weight, and the packaged products rate would apply.

There is no minimum order, except for products that are made to order, for which the minimum would be 300 kg. Examples of these are almond paste, almond oil, defatted flour, and unsalted or seasoned roasted almonds.

Transportation costs depend on the total kg of the order. For bulk products starting from 500 kg, transportation is prepaid. For packaged products, prepaid transportation is available for orders over 500€. For orders containing both bulk and packaged products, they will be counted separately.

• VALIDITY

Validity of the quote: 24 hours for bulk products. For packaged products, prices remain valid for a specific period.

The prices and availability of products correspond to the indicated date/time and are subject to change.

• PAYMENT TERMS

Upon receipt of the properly signed and stamped proforma invoice and acceptance of the order, the payment terms will be as follows: in advance by bank transfer to the Seller’s account, which will be confirmed by documentary evidence of the transfer order.

If the buyer has been approved for credit study and potential granting of other terms and is classified as a client with guaranteed risk by a credit insurance company, payment can be made by bank transfer to the Seller’s account, under the new stipulated conditions. This will be brought to the Buyer’s attention via email.

• DELIVERY METHOD (INCOTERMS) AND TRANSPORT OF GOODS

The sale will be made under “FCA Corte de Peleas” conditions, with both parties subject to the interpretation of this commercial term according to the international rules published by the International Chamber of Commerce (INCOTERMS 2020). As a result, each party must fulfill the obligations and cover the expenses that, according to the aforementioned interpretation, correspond to them, also adhering to the mentioned INCOTERMS 2020 rules regarding the transfer of risk.

The Buyer may instruct the Seller to arrange, on behalf of the Buyer, transport for the goods to the destination. The Seller will communicate the transport price to the Buyer in advance. If the Buyer does not provide instructions to the contrary, the Seller will arrange the transport of the goods on behalf of the Buyer, at the communicated price.

The Buyer’s notification of any defect in the goods that does not arise from transportation must be communicated to the Seller by email within the day following the arrival of the goods at the Buyer’s premises.