1.1 www.elmercado.fi (“our website”) is a website operated by El Mercado Oy (“we”, “us”, “our”).
El Mercado Oy
Business ID: FI26389413
1.2 Your use of our website or registration into our website constitutes your agreement to the Terms and Conditions (“terms”) contained in this agreement as well as your agreement to comply with these terms.
1.3 We reserve the right to change these terms at any time without notifying the user. You agree to comply with the most recent version of this Terms and Conditions each time you use and view our website. You are accordingly advised to consult the terms each time you view and use our website.
2. Service availability
2.1 Our website is only intended for use by people whose delivery address is in Finland.
3. Our website
3.1 We reserve the right to modify, substitute or remove any information on our website without prior notice. Price, product information and product availability are all subject to modification from time to time without prior notice.
3.2 The content of our website is protected by copyright. You may not reproduce, modify, copy, distribute or use the content of our website for commercial purposes without written permission from El Mercado Oy.
3.3 Your access to our website may be occasionally restricted for maintenance. We will try to restore the service as soon as possible when this happens.
4. Your responsibility
4.1 By placing an order through our website, you warrant that:
4.1.1 you are legally capable of entering into binding contracts,
4.1.2 you are at least 18 years old,
4.1.3 and you are agreeing to comply with these Terms and Conditions.
5. Our contract
5.1 Your order represents an offer to us to purchase a product(s). All orders are subject to acceptance by us, and we will only confirm such acceptance to you by sending you an email once your payment and order have been successfully received (the “Order Confirmation email”). Once you receive the Order Confirmation email, the contract will have been formed. If your order is rejected, we will inform you via email or phone with the reason why within two working days.
5.2 The Order Confirmation email must not be confused with the automated email response generated by our website’s software ("your order has been received" email). We must confirm personally each order before sending you the Order Confirmation email.
5.3 Once you have received the Order Confirmation email, we no longer have the right to change the terms of the agreement.
5.4. We reserve the right to decline any order.
6. Terms of delivery
6.1 We use mostly Posti - Postal Parcel and SmartPOST services for delivering our orders. Under normal circumstances, the shipment should be available at the parcel terminal or post office on the day following dispatch. Any dates quoted for delivery are intended to be an estimate only and we shall not be liable for any delay in the delivery of products however incurred.
6.2 For Posti Postal parcel services, a shipping fee of 6.90€ will be added to all orders placed for delivery that do not exceed 150 euros. For all orders totaling 150 euros or more, deliveries are not subject to a shipping fee.
6.3 Posti - Home Parcel service is also available. A shipping fee of 11.90€ will be added to all orders, including those totaling 150 euros or more.
6.4 The maximum weight for one order is 30kg. If your order weights more than 30kg, we will need to send your order in two separate packages. This may incur higher shipping fees. You will be contacted if this should happen.
6.5 You are responsible to provide accurate shipping address with the order. If the order needs to be shipped out again, because of insufficient consignee address, you will be held responsible for all additional costs of the parcel shipping.
6.6 We are only able to deliver to Finnish addresses and our shipping fee relates to delivery to one single Finnish address. We cannot split orders to separate addresses.
6.7 Orders placed before noon on weekdays will usually be shipped that day for delivery at the parcel terminal, post office, or delivery address that you provided the following working day unless you request otherwise. Orders containing perishable goods will only be shipped Mondays, Tuesdays and Wednesdays to avoid such orders sitting in the courier's terminal over the weekend. Dispatch of such orders will be postponed until the next possible working day.
6.8 The products ordered will be at your risk from the time they reach the parcel terminal or post office. We will not accept responsibility for any spoiled perishable goods if, for any reason, you fail to collect your shipment.
6.9 Stock levels displayed on the website are to be treated as a guide only. The availability of stock will be confirmed with you upon placing your order. If a product should not be available, you will be contacted by phone or email.
7. Price and payment
7.1 All prices on our website are displayed in Euros (€). Such prices are inclusive of VAT. All prices displayed on our website are exclusive of delivery costs, which will be added to the total amount and calculated in accordance with conditions 6.2 and 6.3 and 6.4 above.
7.2 Prices and shipping fees can change at any time but will not affect orders that have already received the Order Confirmation email.
7.3 In the event of a price error on our website (it does not happen very often, but it could happen), we will contact you to discuss the matter and find a solution. We are under no obligation to provide the product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have been easily recognized by you at the moment of purchase.
8. Returns and refunds
8.1 You have the right, granted by the Finnish consumer protection legislation, to cancel your order within fourteen (14) days of receiving your order.
8.2 The terms of returns are that:
8.2.1 we must be notified within fourteen (14) days after you received the products,
8.2.2 and the products have not been opened and are in the exact same conditions in which you received them.
8.3 For obvious reasons, perishable products are not refundable and are not to be sent back to us.
8.4 We will refund the price of your order in full (including the shipping fee as long as you return all the products) after we have received the products in the same condition in which they were sent to you. However, you will be responsible for the cost of returning the products to us. If the products are not in perfect conditions, we might have a right of action against you for compensation and may withhold part of your refund. You are also responsible for the products during the transit back to us; if products fail to be returned to us, we cannot refund any payment made.
8.5 If you receive a product that you consider to be damaged or faulty, we should be notified within 24 hours of receiving the product. We will ask for a picture of the faulty product and we will arrange a replacement or refund. We might require that you send the faulty product back to us (we will obviously pay for the costs of sending the item back to us).
9.1 We are responsible for protecting your privacy. The information that you provide when registering in our website will be stored in our customer database.
9.2 When you wish to purchase a product, we will ask for personal information from you in order to provide you with the requested service. The information we collect: your first name, last name, full address, telephone number, and email address.
9.3 We will never share your personal information with third parties without your permission, except with those that are necessary to complete your order (e.g. with Posti Oyj).
9.4 Your personal information can be used in online direct marketing (newsletters, etc) only if you have given us your permission.
9.5 You have the right to view and change your personal information at any time.
9.6 You are responsible for keeping your user name and password safe.
10. Solving disputes
10.1 Contracts for the purchase of products on our website will be governed by Finnish law. All disputes arising under this agreement which cannot be solved by mutual agreement will be solved in the district court of Helsinki.