The present General Conditions of Use of the Portal, together with the general contracting conditions that govern the provision of services, and / or the particular conditions that may be established, are intended to regulate both the making available of information and commercial relationships. arising between EIXAMPELING and users of this website (www.eixampeling.com).
By using this website or placing an order through it, you consent to be bound by these Conditions and by our Data Protection Policies, so if you do not agree with all the Conditions and the Protection Policies Data, you should not use this website.
EIXAMPELING may at any time and without prior notice, modify these General Conditions, as well as the General Contracting Conditions, and / or the particular conditions that, where appropriate, are included, by publishing said modifications on our website with the so that they can be known by the Users, always before visiting the website or acquiring any goods offered on it.
It is your responsibility to read them periodically, since those that are in force at the time of placing orders or, in the absence of these, the use of the website will be applicable.
2) OWNERSHIP OF THE PORTAL.
In compliance with Law 34/2002, of July 11, on services of the information society and electronic commerce, it is reported that the identifying data of the person in charge of the portal are the following:
COMPANY NAME: D&N Café Enterprises SL
REGISTERED OFFICE: Calle Diputación 158, Tienda 2, BARCELONA, 08011
For clarification purposes, D&N Café Enterprises SL will be identified throughout the document as EIXAMPELING.
3) INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS.
All the contents displayed on the website www.eixampeling.com, and especially, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible of industrial use and are protected by the Intellectual and Industrial Property regulations (RDL 1/96 that approves the Consolidated Text of the Intellectual Property Law and by the Trademark Law 17/2001) and are subject to EIXAMPELING intellectual and industrial property rights and / or third-party owners thereof, who have duly authorized their inclusion in the Portal.
In no case will it be understood that any license is granted or waiver, transmission, total or partial transfer of said rights is made, nor is any right or expectation of law conferred, especially that of alteration, exploitation, reproduction, distribution or public communication about said contents without the prior express authorization of EIXAMPELING.
No link to this website may be established from any other website without the prior and express consent of EIXAMPELING.
The existence of links on the EIXAMPELING website, unless expressly stated otherwise, is for informational purposes only and in no case does it imply a suggestion, invitation or recommendation about them, for which reason EIXAMPELING does not accept any type of responsibility for any damage or loss derived from its use.
These links do not represent any type of relationship between EIXAMPELING and the individuals or companies that own the websites that can be accessed through these links. EIXAMPELING reserves the right to unilaterally remove the links that appear on its website at any time.
4) SOCIAL NETWORKS.
In order to comply the established in art. 10 of LSSI, we inform users that EIXAMPELING is the provider of Information Society Services, of the links that our website establishes to our profiles on social networks: https://www.facebook.com/EixampelingCafe/; https://twitter.com/EixampelingCafe; https://www.instagram.com/eixampelingcafe/; The information provided in the legal notice of this website is extensible to said profiles.
5) LIABILITY OF EIXAMPELING.
i. EIXAMPELING makes every effort to keep its website updated and so that the user can access it at all times. However, it is possible that, for technical reasons, the viewing and operation of the page is not correct or complete. EIXAMPELING cannot guarantee that its website is available at all times, and therefore, EIXAMPELING will not be held responsible for any damages of a nature that may derive from, merely illustrative and not limiting (i) the lack of availability of the web, inferences, interruptions, falls, or temporary suspensions of the web page, (ii) computer viruses, breakdowns and / or disconnections in the operation of the electronic system or in computer devices and equipment, motivated by causes beyond EIXAMPELING, that prevent or delay the provision of services or navigation; (iii) Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems that may be caused by third parties through illegitimate interference outside the control of the Store and that are not attributable to EIXAMPELING; (iv) The divergences of the information, documentation and / or other content of the web that may exist between the electronic version and the printed version; (v) The impossibility of giving the Service or allowing access for reasons not attributable to EIXAMPELING, including cases of force majeure.
iii. The services of the information society offered on this website and not subject to prior contracting are offered to the user without any compensation and only entail for the user the obligation to comply with the rules of use established in this Legal Notice. EIXAMPELING does not have, therefore, with respect to these services, an obligation to meet certain levels of availability or adopt specific security measures. The User is informed that communications through open networks are not secure. It is the responsibility of the User to adopt all appropriate technical measures to reasonably control these risks and avoid damage to their equipment, loss of data and theft of confidential information.
iv. In the case of minors or incapable users, the use of the website will be under the sole responsibility of their parents, representatives or legal guardians, and they must accompany, supervise or take the appropriate precautions during their navigation through the web pages. Therefore and without prejudice to all the provisions of the Legal Notice; In their capacity as parents, representatives or legal guardians, they will be responsible for ensuring that their minor or protected children access the services, products or content of EIXAMPELING or register, so we recommend that they accompany, supervise or take the appropriate precautions (rules time of computer use, location of the computer in the common area of the house, etc.) during the navigation of those through the web pages.
v. EIXAMPELING will not supply alcoholic beverages to minors (18+). It will always be necessary to present legal identification to the dealer as the receiver is of legal age (18+). EIXAMPELING will not provide said drinks in case of failure to present the necessary documentation, the price of alcoholic beverages will be refunded less an amount of € 3,50 applied due to administration costs.
saw. EIXAMPELING may, without prior notice, temporarily suspend the content of the website for reasons of maintenance or repair of its systems and introduce the changes it deems appropriate on the website.
6) USER'S OBLIGATIONS.
i. The User is obliged to comply with these General Conditions of Use, where appropriate the Particular Conditions that may be applicable, as well as comply with the special warnings or instructions for use contained therein or on the website itself.
ii. The User must make a lawful use of the services of this Website in accordance with current legislation, respecting the intellectual property rights of EIXAMPELING or third parties.
iii. The User guarantees that the activities carried out through the website will be in accordance with the law, morals, public order, good customs and, in no case, will be offensive to the good name and commercial image of EIXAMPELING, other Users of the Web or for third parties.
iv. The User will use the diligence appropriate to the nature of the service that she enjoys, and will not carry out through the services that EIXAMPELING puts at her disposal any action that causes damage or alteration of the contents or hinders the proper functioning of the Web,.
For the purposes of these General Conditions, and for any communication that is precise between EIXAMPELING and the User, they should contact the Customer Service Department by email (sent a message to firstname.lastname@example.org or by written communication addressed to Management, D&N Café Enterprises SL, Calle Diputación 158, Tienda 2, BARCELONA, 08011).
EIXAMPELING communications to the User will be made according to the data provided by the user when registering on the website. The User expressly accepts for all communications related to the use of the Store, and / or the acquisition of goods, the use of email as a valid procedure for the remission of such communications. It is the responsibility of the User to keep the data provided in the creation of their account updated, especially the contact data provided for the management of orders.
8) NULLITY OF THE CLAUSES.
If any content of the present General Conditions of use of the portal is declared totally or partially null or ineffective, said declaration will only affect the content or part of it that is null or ineffective, subsisting in everything else the rest of the General Conditions and having such content or the part of it that is affected by non-post, except that as it is essential to these General Conditions, it should affect them in an integral way.
9) APPLICABLE LAW AND JURISDICTION.
These General Conditions of access, navigation and use of the Website, as well as any relationship between the User and EIXAMPELING will be governed by Spanish law.
Any controversy that may arise or be related to the use of this website will be submitted to the jurisdiction of the courts and tribunals of the consumer's domicile in accordance with the provisions of art. 90.2 of RDL 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws.
TERMS AND CONDITIONS OF PURCHASE.
1) PRIOR INFORMATION.
EIXAMPELING, informs that the procedures to carry out the acquisition of goods and / or obtain the provision of the services offered, are those that are described in these general conditions, as well as those other specific ones that are indicated on the screen during navigation and the process of purchase, so that the User declares to know and accept said procedures as necessary to access the products and services offered on this website.
By using this website and placing orders through it, the user agrees to:
1. Make use of this website solely and exclusively to make legally valid orders.
2. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the competent authorities.
3. Provide us with your email address, postal address and / or other contact information truthfully and accurately for the management of orders, and keep such data updated. If you do not provide us with all the information we need, we will not be able to process your order.
4. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
2) PLACING ORDERS.
i. The provision of the service is effective from the EIXAMPELING establishment closest to the address indicated on the corresponding screen, so, in any case, it must be in accordance with the particular conditions that may be established by each of the establishments, regarding delivery times , payment methods, minimum orders for home delivery, and procedures to resolve possible incidents.
ii. In order to access the provision of the services offered through the web, the User can access through her account (if previously registered), or place her order “without registering”. To access as a registered user you must enter your email and the password provided in the registration process. The User Name and Password are identifying and enabling elements to access the services and are personal and non-transferable.
iii. To proceed with the acquisition of the different products offered, the User must follow all the indications and instructions collected on each screen, and where appropriate provide the data that is required for the management of the order, determining in each form the data that is mandatory for the purchase process. Once the User has selected all the desired purchase products on the website, they must select the “Finish” option, and the products included in their purchase will appear on the corresponding screen with the final price (VAT and shipping costs included) , together with the offers applicable to your order, being at this time when the user selects the offer they deem appropriate.
iv. All orders are subject to the availability of the products in the reference establishment, if there are difficulties in supply or if there are no items in stock, the establishment will contact the user to inform him, offer him an alternative product and / or where appropriate, refund the amount you may have paid.
v. Confirmation of the order: Once the purchase process is completed, the order confirmation option appears, in which the products purchased will appear, the user being responsible for reviewing and confirming the products, prices and offers selected in his case. Once the order has been confirmed and the order has been received, EIXAMPELING will send your customer a delivery note by email confirming the purchase.
saw. During the purchase process, the User will understand that the minimum delivery time or home delivery of the order of 45 minutes, although the estimated time to proceed with the delivery of the orders may be subject to possible variations due to circumstances beyond EIXAMPELING.
vii. Check in-store or at www.eixampeling.com for the cost of delivery to outlying areas.
EIXAMPELING informs the User that it has no obligation to send the consumer a withdrawal document in order to revoke the contracting of the service offered through our website within the legal deadlines, as it is within the exceptions established in Articles 102 and 103 of the Royal Decree Legislative 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, by virtue of which it is established that there is no right of withdrawal in contracts for the supply of goods made according to the specifications of the consumer or clearly personalized, or that, by their nature, cannot be returned or may deteriorate or expire quickly.
At the time of purchase, the final price per product will be shown in Euros, including VAT.
Some of the offers and promotions that appear on the web are exclusive for orders placed through it, not being valid in the field of orders placed by phone or in the establishment itself.
On the screen corresponding to the payment of the order, the different means of payment available in the reference establishment will appear, marked with the corresponding logos, being able to choose the one that is most convenient for you.
The different means of payment that each establishment can have are the following:
• Credit-debit card.
You can use cards as a means of payment, when the logos corresponding to the cards accepted in each establishment are indicated: Visa, Mastercard and Maestro.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we cannot formalize any contract with the User. By authorizing payment with the card provided, you are confirming that you are the cardholder.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized data access. To achieve these purposes, the user / client agrees that the provider obtain data for the purposes of the corresponding authentication of access controls
Return or return policy for card payments:
In cases where it is proven that the return or credit to the user of payments made with cards is appropriate, EIXAMPELING will try to make the corresponding refund in account within 10 business days.
The User can make a complaint or claim to the Customer Service by email (sent a message to email@example.com or by written communication addressed to the Customer Service Department, D&N Café Enterprises SL Calle Diputación 158, Tienda 2 , BARCELONA, 08011.
Furthermore, EIXAMPELING has Complaint Sheets available to its clients at the reference establishment. We recommend users to process their claim in the establishment responsible for the effective provision of the service.
In accordance with the provisions of Article 14.1 of EU Regulation No. 524/2013, we inform you that the European Commission provides an online conflict resolution platform, which is available at the following link: http: //ec.europa .eu / consumers / odr /