The ownership of this website www.noiretblanctruffes.com, (hereinafter referred to as the Website) is CLARA BUSOMS HERMS, with ID number 39.374.480-K with address at 8, Sant Pere Street, 08513 Prats de Lluçanès, who also has registered the Noir et Blanc® brand. Noir et Blanc® is the trade name of CLARA BUSOMS HERMS.

This document (and the other documents mentioned here) regulates the conditions governing the use of this Website and the purchase of products in it (hereinafter Conditions)

For the purposes of these Conditions, it is understood that the activity that CLARA BUSOMS HERMS develops through the Website is the sale of fresh truffle, gourmet and truffled and truffle-free gastronomic products, as well as truffle cosmetics.

Apart from reading these Conditions, before accessing, browsing and / or using this Website, the User must read the Legal Advice and the general conditions of use, including the Cookie Policy and the Privacy Policy of Clara Busoms.

By using this Website or by making and / or requesting the purchase of a product through it, the conscious User is bound by these Conditions and by all the aforementioned, and if he / she does not agree with what is indicated, he / she must not use this Website.

Likewise, we inform you that these conditions could be modified. The User is responsible for consulting them each time he / she accesses, browses and / or uses the Website, since the conditions that are in force at the time of the purchase of product or products will be applicable.

For all the questions that the User may have in relation to all the Conditions, he / she can contact the owner of the Website using the contact information provided in this document or using the contact form.

The contact details are:

8, Sant Pere Street
08513 Prats de Lluçanès
bonjour@noiretblanctruffes.com

Access, navigation and use of the Web Page, confers the status of User (hereinafter referred to interchangeably, individually as a User or as Users, jointly), therefore, since navigation on the Web Page begins, all the conditions established herein, as well as the modifications, are accepted, without prejudice to the application of the corresponding legal regulations that are mandatory, as the case may be.

The User assumes his / her responsibility for a correct use of the Website. This responsibility extends to:

* Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
* Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase has been made for this purpose, it could be canceled and the relevant authorities would be informed.
* Provide truthful and lawful contact information, for example email address, postal address and / or other data (see Legal Advice)

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users residing in Spain. CLARA BUSOMS HERMS does not guarantee that the Website complies with the laws of other countries, either totally or partially. CLARA BUSOMS HERMS declines all responsibility that may derive from said access, nor does it guarantee shipping or provision of services outside of Spain.

Users can buy on the Website through the established means and forms. They must follow the CLARA BUSOMS HERMS online purchase and / or acquisition procedure, during which different products can be selected and added to the shopping cart, and finally click on “buy”.

Likewise, the User must fill in and / or check the information requested at each step. During the purchase process, before making the payment, the user may modify the purchase data.

Next, the User will receive the order confirmation. The User will receive an email confirming that Noir et Blanc® (CLARA BUSOMS HERMS), has received the order or purchase request. Likewise, when your purchase is shipped it will also be confirmed by email.

Once the purchase procedure has been completed, the Website will generate an electronic invoice that will be sent to the User through the email address provided by the User. If desired, the User may obtain a copy of his / her paper invoice, requesting it from CLARA BUSOMS HERMS, through the contact spaces on the Website or through the contact details provided below.

At the time of purchase, the User acknowledges being aware of certain particular conditions of sale that concern the product in question and that are shown next to the presentation or, where appropriate, the image of the product in its tab on the Page Web, indicating, but not exhaustively, and taking into account each case: name, price, components, quantity, details of the products or characteristics … and recognizes that the completion of the purchase or purchase order materializes full and complete acceptance of the Conditions.

Unless expressly stated otherwise, CLARA BUSOMS HERMS is not the manufacturer of the products sold or that may be commercialized on the Website. Although CLARA BUSOMS HERMS makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or the material and / or components of the products may contain additional or different information than that which appears on the Web page. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions that accompany the product.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of CLARA BUSOMS HERMS, in order to build a means of proof of transactions, in any case, respecting the reasonable security conditions and the laws, regulations in force that apply in this regard, and particularly given the LOPD (Organic Law on Protection of Personal Data) and the rights that assist Users in accordance with the Privacy Policy of this website.

All purchase orders received by CLARA BUSOMS HERMS, through the Website, are subject to the availability of the products unless no circumstance or force majeure (see clause 9 of these Conditions) affects their supply and / or the presentation of services. If there are difficulties regarding the supply of the product or if there is no product in stock, CLARA BUSOMS HERMS agrees to contact the User and refund the amount that may have been paid.

The prices displayed on the Website are final in Euros (€) and include taxes, except that, by legal requirement, especially with regard to VAT, a different criterion is indicated and applied.

Shipping costs are not included in the final prices of the products. Thus, CLARA BUSOMS HERMS carries out delivery and / or shipping services through the transport company CORREOS EXPRESS or another that is deemed appropriate.

In no case will the Website add additional costs to the price of a product automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted means of payment are by credit or debit card or by bank transfer.

CLARA BUSOMS HERMS, uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL payment system.

In any case, by clicking on “buy” the user confirms that the means of payment used is his / hers and that, where appropriate, he / she is the legitimate holder of the card.

In cases where the product is physically delivered, deliveries will be made within the Spanish territory (Peninsula and Balearic Islands).

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consists of the related products in each purchase confirmation. And these will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 5 calendar days from the date of the order confirmation.

If for any reason, attributable to the company itself, CLARA BUSOMS HERMS, cannot meet the delivery date, the company will contact the User to inform him / her of the existing circumstance and he / she will be able to choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

All orders that leave the CLARA BUSOMS HERMS facilities cannot be returned to the company. If it is impossible to deliver the order due to the User’s absence, the carrier will leave a notice explaining where the order is and what to do so that it can be delivered again. In any case, it will be the responsibility of the User to collect the order as soon as possible, the good condition of the fresh truffle and the gastronomic products depends on it.

If the user cannot be at the place of delivery in the indicated time slot, he / she should contact CLARA BUSOMS HERMS, to arrange delivery on another day, in the event that the order has not started the transit. If the order has already started the transit, the User must contact the carrier that has methods for tracking shipments and changing the date or delivery address, through its website.

In the event that after 5 days, from the moment the order is available for delivery, the product is not delivered for a reason not attributable to CLARA BUSOMS HERMS, it will be understood that the User has not made the appropriate follow-up of the order by his / her own means and want to do without the purchase. As a consequence of this fact, no payment received from the User will be returned. Any claim must be made directly to the carrier, if applicable.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquire the material possession of the products that he / she will accredit by signing receipt of the order at the established delivery address.

The risks that the products may derive will be borne by the User from the time of delivery. The User acquires ownership of the products when CLARA BUSOMS HERMS, receives payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount paid by CLARA BUSOMS HERMS.

In accordance with the provisions of Law 37 / 1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery will be understood to be located in the territory of the application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

The User is hereby informed that in the event that an error has been detected when entering the necessary data to process his / her purchase request on the Website, he / she may modify the information by contacting CLARA BUSOMS HERMS through the contact spaces provided by the Website and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General Information)

In any case, the User, before clicking on “Buy”, has access to the space, shopping cart, where his / her purchase requests are noted and modifications are made.

In the same way, the User is referred to consult the Legal Advice and the Conditions to request more information on how to exercise his / her right of rectification as established by the Law on Protection of Personal Data.

In the cases in which the User purchases products on or through the owner’s website, he / she is assisted by a series of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase from the Website and, therefore, has the right to withdraw from this purchase within 1 calendar day without justification.

This withdrawal period will expire 1 calendar day after the day the User or a third party authorized by it, other than the carrier, has acquired material possession of the products purchased on the CLARA BUSOMS HERMS Website.

To exercise this right of withdrawal, the User must notify CLARA BUSOMS HERMS of his / her decision. You can do so, where appropriate, through the contact spaces enabled on the Website or through:

Address: 8, Sant Pere Street, 08513 Prats de Lluçanès (Barcelona)
E-mail: bonjour@noiretblanctruffes.com

The User, regardless of the means he / she chooses to communicate his / her decision, must express clearly and unequivocally that it is his / her intention to desist from the purchased product.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, CLARA BUSOMS HERMS will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive mode provided on the Website) without undue delay and, in any case, no later than 14 calendar days from the date that CLARA BUSOMS HERMS is informed of the decision to withdraw by the User.

CLARA BUSOMS HERMS, will reimburse the User using the same payment method that he / she used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User.

In no case, the User may withdraw from his / her purchase, once he / she is informed that the shipment has left the CLARA BUSOMS HERMS facilities.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in the General Law for the Defense of Consumers and Users and other complementary laws.

Returns & Exchanges

As they are food products, no CLARA BUSOMS HERMS product is subject to change or refund.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery (or at most within 1 day from receipt of the order), the product does not comply with the provisions of the purchase order, and that, therefore, he / she should contact CLARA BUSOMS HERMS immediately and notify the company of the existing disagreement (defect / error) using the contact information provided in the previous section.

The User will be informed on how to return the products. Once returned, these must be examined. Within a reasonable time, the User will be informed, where appropriate, of the refund or the replacement.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User has used to pay for the purchase.

In any case, the rights recognized in the current legislation at all times for the User, as consumer and user, will always be taken into account.

In any case, CLARA BUSOMS HERMS reserves the right to consider that the food product has not been treated under the appropriate conditions (obvious signs of loss of the cold chain, mishandling of delivery, etc.) and reserves the right not to accept the product as defective. If, even so, the User decides to return the order, the User acknowledges that he / she must assume the direct cost of the return (transport, delivery) of the products, if any. In addition, he / she will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the products.

Guarantee

The User, as a consumer and user, benefits from guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, and CLARA BUSOMS HERMS responds, therefore, for lack of conformity within 10 days of product delivery.

In this sense, it is understood that the products are compliant and that as long as they comply with the description made by CLARA BUSOMS HERMS and have the qualities presented in it, they are suitable for the uses in which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Returning defective products or shipping error. However, some of the products that are marketed on the Website could present non-homogeneous characteristics since they are food products of plant origin and therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he / she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his / her right of legal guarantee directly against them during the two years after the delivery of these products. Therefore, the User must have kept all the information regarding the guarantee of the products.

Unless otherwise provided by law, CLARA BUSOMS HERMS will not accept any responsibility for the following losses, regardless of their origin:

Any loss that was not attributable to default on its part. Any indirect loss that was not reasonably foreseeable by both parties at the time the request to purchase the products was formalized.

Likewise, CLARA BUSOMS HERMS also limits its responsibility with respect to the following cases:

It applies all measures concerning providing a faithful display of the product to the Website, but is not responsible for the smallest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.

It will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages arising from transport malfunction, especially for causes such as strikes, roadblocks, and in general any other specific to the sector, resulting in delays, losses or theft of the product.

Technical errors that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. CLARA BUSOMS HERMS, puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however, it is exempt from liability for causes not attributable to it, fortuitous event or force majeure.

In general, CLARA BUSOMS HERMS, will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure.

By using this Website, the User agrees that most of the communications with CLARA BUSOMS HERMS, are electronic and by the means established in this document.

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notification information and other communications that CLARA BUSOMS HERMS send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by the User Law.

The User can send notifications and / or communicate with CLARA BUSOMS HERMS, using the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, CLARA BUSOMS HERMS, may contact and / or notify the User in his / her email or at the postal address provided.

No waiver of CLARA BUSOMS HERMS, to a specific right or legal action or the lack of requirement by CLARA BUSOMS HERMS, of the strict compliance by the User of any of his / her obligations, shall imply, nor a waiver of other rights or actions derived from a contract or of the Conditions, nor does it exonerate the User from the fulfillment of his / her obligations.

These Conditions and any document to which express reference is made in these that constitute the entire existing agreement between the User and CLARA BUSOMS HERMS, in relation to the purpose of the sale and replace any other pact, agreement or promise previously agreed verbally or in writing by the same parties.

We process the information you provide us to offer the requested service. The data provided will be kept for the years necessary to comply with legal obligations.

Your data will only be used for the aforementioned purposes and will not be disclosed to third parties, except those communications to the authorities, bodies or offices of public administrations that were consented by the interested party or person authorized by him for the proper fulfillment of the obligations born of the contracted services, or that are mandatory or authorized by law.

CLARA BUSOMS HERMS, guarantees the confidentiality of the personal data contained in its files and will adopt the regulatory measures that prevent, as far as possible, its alteration, loss, treatment or unauthorized access. Once the personal data provided is no longer necessary, it will be canceled in our files and in the destruction or return to the owner of the data, as appropriate, of the media on which the information with personal data provided is collected, without keeping copies of this information.

If you wish to exercise your rights of access, rectification, deletion or opposition, you can do so by sending an email to bonjour@noiretblanctruffes.com

The User can send CLARA BUSOMS HERMS, his / her complaints and claims or any other comment he / she wishes to make through the contact details provided at the beginning of these Conditions.

In addition, CLARA BUSOMS HERMS has complaint forms available to consumers and users, which they can request at any time, using the contact information provided at the beginning of these Conditions.

Last modification: August 2019