Terms of service

Last updated: 12/11/2026

GENERAL TERMS AND CONDITIONS OF CONTRACTING

1. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF CONTRACTING (hereinafter also the General Conditions or GTC): On the one hand, the supplier of the products, Xixovic SCP (hereinafter also the provider), with registered office at Plaça Major 26, 08500 Vic, (Barcelona), N.I.F. J58012758, customer service telephone number 93 886 06 16, and email: info@xixovic.com, being the owner of the website www.xixovic.com, sets forth the contractual document that will govern the contracting of products through the aforementioned website. And on the other hand, the User - Customer (hereinafter the user), who purchases on the website, as a guest or through a customer account, being responsible for the veracity of the personal data provided to the provider. BOTH PARTIES ACCEPT this document which entails that the user: a. Has read, understands and comprehends the foregoing. b. Is a person of legal age with sufficient capacity to contract. c. Assumes all obligations set forth herein. d. Has read and accepts these general purchasing conditions from the moment they acquire any offered product. This document may be printed and stored by users. The provider makes the email address info@xixovic.com available to them to raise any questions regarding these conditions. These conditions shall have an indefinite period of validity and shall be applicable to all contracts executed through the provider's website www.xixovic.com. The provider reserves the right to unilaterally modify these general conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before purchasing the products, these general conditions must be consulted. It is advisable to keep a copy of the data contained in the purchased products. Xixovic SCP is not responsible for any loss of data, files, or any damage resulting from a backup failure by the user of the data contained in the acquired products such as memory cards. Xixovic SCP is not responsible for the consequences that could result from inappropriate use of the products for sale on the web. The civil liability of Xixovic SCP for the supplied products is limited to the amount thereof; the user waives the right to claim any liability against Xixovic SCP for any concept in any case of dissatisfaction with the products acquired on the website www.xixovic.com, as well as for possible failures, slow access, or errors in accessing the web, including loss of data or other types of information that might exist on the computer or network of the user accessing the web. Xixovic SCP is an artisan nougat and ice cream workshop and store specializing in the remote sale of Xixovic SCP products, and sells its products remotely via the Internet through its website and/or by telephone. Xixovic SCP owns physical shops for the sale of its products: Botiga, at Plaça Major 26, 08500 Vic, and Obrador, at Carrer Nou 3, 08500 Vic.

2. OBJECT OF THE CONTRACT: 2.1 Scope of application: The purpose of this contract is to regulate the contractual purchase-sale relationship arising between the provider and the user at the moment the latter accepts these purchasing conditions during the online contracting process by checking the corresponding box. These GTC will apply from the day the order is placed. The contractual purchase-sale relationship entails the delivery, in exchange for a specific price publicly displayed on the website, of a specific product.

2.2 Territorial scope: The virtual store of www.xixovic.com is active only for peninsular Spain, excluding the Balearic Islands, the Canary Islands, Ceuta and Melilla, as well as Portugal, the rest of Europe and the rest of the world.

2.3 Capacity to contract: In order to place an order, you must be of legal age and have the capacity to contract.

2.4 Customer acceptance: The validation of an order through the website www.xixovic.com is carried out by email and also implies the automatic acceptance of the GTC. These conditions are available on the website www.xixovic.com or, if desired and requested, we can make them available to you by email.

2.5 Modification of the General Terms and Conditions of Contracting: Xixovic SCP reserves the right to make changes and/or modifications to these GTC. We advise our clients to review them regularly. If these changes or modifications are introduced once an order has been placed, the conditions in force on the date the order was placed will apply.

3. INFORMATION PROVIDED ON THE WEBSITE www.xixovic.com: 3.1 Publication of prices: The prices of the products are those shown for each product on our website www.xixovic.com.

3.2 Product information: The information contained in our advertising, brochures, or other written material, on our website, or provided to you constitutes an invitation to make a purchase. The contents of www.xixovic.com are constantly renewed and updated to offer our customers the most complete and detailed information possible. All contractual information present on www.xixovic.com is displayed in Catalan, Spanish and English, and communication with customers and users, as well as the formalization of the contract, will be carried out in any of these languages, as chosen by the client, provided it is indicated before starting the contracting procedure.

3.3 Availability of the product(s): There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible but not available for purchase.

3.4 Right of cancellation: Xixovic SCP reserves the right (right of cancellation) not to ship a specific product that does not meet the quality requirements imposed on all www.xixovic.com products. In the event that this lack of quality is detected, the customer service of Xixovic SCP will suggest a replacement product and, if the replacement is not to the customer's liking, the cost of said product will be refunded.

3.5 Orders 24 h, every day of the year: The order reception schedule is twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after 18:00 hours will not be processed, remaining for the next business day in Vic. Orders received on Fridays will be processed to arrive on Monday or the first business day, and those received on Saturdays until 10 a.m. will be delivered on Monday (or the first following business day). After this time, they will be processed on Monday and delivered the following business day in the Peninsula.

3.6 Fraud: If Xixovic SCP suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

4. PURCHASING PROCEDURE: The user, in order to access the products offered by the provider, may buy as a guest or with a customer account created through the website. Therefore, the user must freely and voluntarily provide the personal data required. If the user creates a customer account, the user will select a username and password, committing to make diligent use of them and not make them available to third parties, as well as to notify the provider of the loss or theft thereof or possible access by an unauthorized third party, so that the latter proceeds to an immediate block. The user may not choose as a username words intended to confuse others to identify them as an integral member of the provider, as well as foul, insulting expressions, and in general, contrary to the law or the demands of morality and good manners. It is informed that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow these steps:

1. Choose the product by clicking on it, and it will automatically be added to the "shopping cart". 2. If you wish to add more products, you must select the "Continue shopping" option. If you have mistakenly added one you do not want, you must click on the option to remove it from the shopping cart. 3. Once the product(s) has/have been chosen, you must click on the checkout tab to place the order. By clicking this option, the purchase confirmation will appear (summary of the order placed, your data, and chosen payment method). 4. The user's credentials will be requested in three ways: a. User registration: if you are not a previously registered user and wish to create a customer account (this registration is free and optional), you must fill out a data collection form (in which you must accept the Privacy Policy and the Legal Notice (and link both)). Once completed, you will receive a registration confirmation email at the indicated email address. b. If you were already registered and are already a customer: you can access your data by clicking on the already registered user button and inserting your username and password. c. Guest checkout: a series of personal data are requested in order to place the order and subsequent delivery, and then the user's consent is requested to save their data. If granted, they are saved and product information will be sent if permitted; otherwise, the data will only be saved for future purchases. Spam and junk mail controls in your email inbox must be checked, and always verify that the contact data provided are correct. 5. Once identified, an observations screen will appear where you can indicate the delivery time; a verification box that must be checked since it constitutes the acceptance of these General Contracting Clauses and the Privacy Policy. 6. To complete the process, you must click the Finish button.

In any case, the provider's contracting platform will inform the user via email, once the contracting procedure has been completed, regarding all the characteristics, price, transport methods, contracting date, and delivery times of the purchased product. If there is any type of error in the indicated address or in any other point of the order, you must notify it immediately to the email address that will appear on the web to proceed with the correction of said error. If you have any questions, you can contact our customer service through any of the methods provided on the website www.xixovic.com. Xixovic SCP will provide customer service for FREE through our contact email info@xixovic.com; if you choose an alternative means of communication, the user will have to bear the particular cost thereof. Xixovic SCP places at your disposal telephone numbers in Spain subject to the cost of your telephone operator.

GUEST CHECKOUT This website also allows purchasing through the guest checkout functionality. In this purchase mode, you will only be asked for the essential data to process your order. Once the purchasing process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.

5. SHIPPING: 5.1 Transport company: Shipments will be made through a private courier; for any queries, call customer service on 93 886 06 16.

5.2 Shipping costs: Shipping costs are a fixed rate per order, VAT included, as follows: Catalonia: €9 for Osona (Vic area) and €10 for the rest of Catalonia. Peninsular Spain outside Catalonia: €12. Companies validated by Xixovic SCP in Osona may be offered free delivery by Xixovic SCP's own van. When the user-customer adds the product to the basket and confirms the shipping address, the system will automatically show the aforementioned shipping price.

5.3 Shipping address: Delivery of orders will be made in three possible ways: a. at the delivery address freely designated by the user. Consequently, the provider assumes no liability when delivery of the product does not occur as a result of the data provided by the user being false, inaccurate, or incomplete, or when delivery cannot be made for reasons beyond the control of the assigned private courier, such as the absence of the recipient; b. pickup in store at Botiga (Plaça Major 26, 08500 Vic) or Obrador (Carrer Nou 3, 08500 Vic). When making the purchase, the place of dispatch and/or collection is chosen. The order delivery time will be during regular working hours. Without prejudice to the foregoing, the provider has adopted the measures required of a diligent merchant so that the delivery can take place at the agreed time, and therefore no liability can be imputed against the provider. Shipments are only made to destinations in Peninsular Spain. Xixovic SCP will use all means at its disposal to ensure that your order is delivered within the period stated on its website at the date the order confirmation is issued.

5.4 Delivery times: The delivery time is usually 24/48 h (working days) from dispatch, depending on the product, the destination population, and the chosen payment method. This term applies provided that the availability of the service has been confirmed and full payment of the order has been verified. For products not available at the time of purchase, customer service can provide availability information. If you have ordered several products in a single order, please note that they may have different availability dates, in which case, you could receive them on different dates. Please be aware that, in the event of any reference being unavailable at the time of dispatch, you have the right to cancel the order at any time before its dispatch by contacting our customer service through the following email address: info@xixovic.com indicating the order number.

5.5 Shipping confirmation: At the time the order is delivered to the private courier, we will send a shipping confirmation to the email address provided when placing the order.

5.6 Delivery damages: Products are shipped in secure packaging. If at the time of delivery it is visibly and clearly noticeable, without having to manipulate the shipping packages or the product itself, that a product has defects caused by transport damage, or an error in the merchandise received is observed, the customer must immediately contact the customer service line 93 886 06 16 or email info@xixovic.com to request the return of the affected product(s) and proceed to replace it with another in optimal conditions, or to refund the price paid for it, as indicated in said email. Similarly, if damage to the product is detected once the package has been opened while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within a period of two months from when they became aware of it on the customer service line 93 886 06 16 or via email info@xixovic.com.

6. PRICES AND VALIDITY PERIOD OF OFFERS: All prices displayed in the www.xixovic.com store include the VAT in force at the time of purchase. All prices listed on the website are valid and will be expressed in the Euro (€) currency. Unless expressly stated otherwise, these prices do not include shipping costs (which are charged separately, VAT included, as per section 5.2), handling, packaging, shipping insurance, or any other additional services annexed to the product or service purchased. VALUE ADDED TAX: In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of products will be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally current one at any given time depending on the specific item in question. The user will receive the invoice for the order at the email address provided by the user once the purchase is complete. The prices applicable to each product will be those published on the website and applied automatically by the contracting process in its final phase. In cases of limited-duration promotions, the promotional discount will apply provided the order has been registered during the promotional period. The delivery method is detailed through the private courier (with the specifications detailed in section 5 of these general conditions) and pickup in store at Botiga and Obrador, as detailed in section 5.3 of these conditions. Data recorded by the different payment methods constitute proof of the date financial transactions were made and will serve to determine whether or not said order is subject to a promotion. For any information about the order, the user may contact via the provider's customer service telephone or via email to the provided address.

7. PAYMENT METHODS Below, we detail the available systems: All payments are processed through Shopify Payments in a secure payment environment.

7.1 Payment by credit or debit card (Visa, Mastercard, Maestro and UnionPay): The user must have a valid credit or debit card, where all digits of the card number must be specified in the corresponding form. The transaction is formalized at the time the order is placed. Only payments with secure cards are accepted, where authentication of your identity as the cardholder is carried out according to the method established by your bank, via secure electronic commerce (secure 3-D Secure authentication). The order cannot be considered and will not be processed until payment has been authorized by your bank or savings bank. The system known as SSL (Secure Sockets Layer) is used, a payment system in a secure environment as it allows the encryption of information transmitted during the transaction, ensuring its confidentiality.

7.2 Apple Pay, Google Pay, Bizum, Klarna and Shop Pay: These payment methods are also available at checkout. The payment is completed through the corresponding service following its own steps, and is likewise processed through Shopify Payments in a secure payment environment.

8. RIGHT OF WITHDRAWAL: 8.1 Right of withdrawal: The user may exercise the right of withdrawal, and for this purpose, has a period of 14 calendar days from the receipt of the product, without penalty for exercising it; the total purchase amount must be refunded to the consumer, i.e., the price of the product plus shipping costs, within 14 days following the exercise of the right of withdrawal by the user/consumer. Regarding the shipping costs for the return of the products, these shall be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer shall only be liable for the decrease in value of the goods resulting from a handling of the same other than what is necessary to establish their nature, characteristics, or functioning, without thereby limiting their right to exercise it. To exercise this right of withdrawal, you can fill out this form (withdrawal form) with your order number (to obtain the refund of the product(s) amount within a maximum period of fourteen (14) calendar days following receipt of the order) along with your contact details. You can send it to us via email to info@xixovic.com or by post (by any legally permitted means), always within 14 calendar days of receiving the order. After this period, you may only request the return or exchange of the product(s) for technical reasons subject to the warranty of said product(s). You must return the product with all elements with which it was delivered, without damages or wear marks of any kind, and which does not denote inappropriate use of the good or use contrary to its nature, to the address we have provided. Return in the original packaging is recommended. If this is not possible, the product could suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the product(s) sent, as well as for the expenses derived from the shipment. Provided that the products are returned within 14 calendar days, without damages or any wear marks, and complying with the requirements set forth in this section, we will refund the total amount of the purchase. Exceptions to the right of withdrawal: The right of withdrawal will not apply to contracts referring to: a) The provision of services, once the service has been fully executed, when execution has begun, with prior express consent of the consumer and user, and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the entrepreneur, they will have lost their right of withdrawal. b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period. c) The supply of goods made to the consumer and user's specifications or clearly personalized. d) The supply of goods that are liable to deteriorate or expire rapidly. e) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. f) The supply of goods which, after delivery and according to their nature, are inseparably mixed with other items. g) The supply of alcoholic beverages whose price was agreed upon at the time of concluding the sales contract, delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations which cannot be controlled by the entrepreneur. h) Contracts in which the consumer and user has specifically requested the entrepreneur to visit them for the purpose of carrying out urgent repairs or maintenance; if, on the occasion of such visit, the entrepreneur provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods. i) The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed by the consumer and user after delivery. j) The supply of a newspaper, periodical, or magazine with the exception of subscription contracts for the supply of such publications. k) Contracts concluded at a public auction. l) The provision of accommodation other than for residential purpose, transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance. m) The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer and user's prior express consent and their acknowledgment that they thereby lose their right of withdrawal.

8.2 Return due to error in the order by Xixovic SCP: When the product does not correspond to the order due to some error attributable to the company, the user must notify the company by email as soon as possible; Xixovic SCP will bear the costs of collecting the product sent by mistake and delivering the product corresponding to the order placed.

8.3 Verification of returns: The verification and checking of returned products will be borne by Xixovic SCP, which, once at its facilities, will verify that they are received complying with all the requirements established in section 8.1. In the event of missing elements, we would notify you in writing via email indicating the missing content.

9. REFUNDS: When a return occurs (the right of withdrawal is exercised), the amount paid for the product plus shipping costs will be returned. The return shipping costs shall be borne by the consumer-user. The period for making the refund will be a maximum of 14 calendar days and through the same means in which the purchase was made.

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES: 10.1 Warranty: All products offered through the website are completely original, unless stated otherwise in their description. Satisfaction Guarantee: If upon receiving the product and before exercising the right of withdrawal, the user is not satisfied with the purchase, they can opt for any of these options:

1. Exchange the product for a voucher of the same value as the product purchased and returned, to exchange it for another of the same value (if the price of the product is higher than the voucher, the user must pay the difference). 2. Exchange the item for another; if the price of the product is higher than the exchanged product, the user must pay the difference.

10.2 Warranty in case of defective product: In case of a defective product, Xixovic SCP must proceed with repair, replacement, price reduction, or contract termination (as appropriate). These actions will be free of charge for the user. Xixovic SCP is liable for lack of conformity that manifests within a period of three years from delivery; the consumer-user must inform Xixovic SCP of the lack of conformity within two months of becoming aware of it.

11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES: If any clause included in these General Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, keeping the General Conditions subsisting in all other respects, holding such provision, or the affected part thereof, as not included.

12. APPLICABLE LAW AND JURISDICTION: These conditions will be governed by or interpreted in accordance with Spanish law in that which is not expressly established. The provider and the user agree to submit any controversy that might arise from the provision of the products or services object of these conditions to the Courts and Tribunals of the provider's domicile (if not considered a consumer for the purposes of the TRLGDCU) or of the user (if considered a consumer for the purposes of the TRLGDCU).

13. APPLICABLE REGULATIONS: These General Conditions are subject to the provisions of: European regulations governing electronic commerce: Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive); Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). Spanish regulations: Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users; Law 7/1998 of April 13, on General Contracting Conditions, and subsequent modifications; REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights; Law 7/1996, of January 15, on Retail Trade Regulation; Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, and subsequent modifications.

14. COMMENTS AND SUGGESTIONS: Your comments and suggestions will be well received. We ask you to send us your comments and suggestions via our contact form. In addition, we have official complaint forms available to consumers and users. You can request them by calling customer service at 93 886 06 16 or through our contact form.