The general terms and conditions are as follows (hereinafter “General conditions”), together, where appropriate, the particular conditions that may be established (hereinafter the “particular conditions”), which expressly governed the accessible, usable, and the contracting of the services offered in the website of the LENDER gastromenus.com
The present general conditions will have an indefinite validity period and shall apply to all business operations services carried out through the web site gastromenus.com
These terms and conditions shall remain in force and shall be valid during all the time that are accessible through the web site gastromenus.com
The provider reserves the right to modify unilaterally and without notice, such general terms and conditions, without that it may affect the services that were previously engaged in the modification.
The LENDER reserves the right to substitute at any time both the General conditions and the specific terms (the “new conditions”), as well as all those legal notices, guidelines and/or regulations of use collected in gastromenus.com and which, as the case may be, will replace, complete and/or modify the General conditions here appearing.
The customer shall be subject to the General conditions in force at the time of placing your order. Its temporary validity coincides with its exposure time, so far that is modified totally or partially.
The new conditions will apply from the time they are at the client’s disposal.
The LENDER advises that the customer may have access to the General conditions by clicking on the link “General terms and conditions”.
We recommend customers to periodically check the General conditions, since they can be subject to change. You can check whenever you like the current version of these conditions in gastromenus.com
In case of contradiction between the terms and conditions expressed in the present general conditions and the special conditions will prevail to the conditions agreed in the latter instrument in respect of those incompatible terms conditions and only with respect to those services, subject to these specific conditions.
The acceptance of the present contractual document implies that the CUSTOMER:
- Has read, understood, and comprehended, here exposed
- Which is a physical person or representing a legal person with sufficient capacity to contract.
- Assumes all conditions and obligations here arranged.
Involved and the identity of the parties
On the one hand,
The LENDER is MARIA del PILAR MOLINA MARTINEZ, NIF: 51659109-M, with address in Partida de BOQUERES, polígono O, no. 37 – 03690 SAN VICENTE DE RASPEIG (ALICANTE), telephone +34 667 26 63 98 and mail firstname.lastname@example.org
And on the other hand,
CUSTOMER, responsible for the accuracy of the personal data provided to the LENDER, and in case of being registered on the web site using a user name and password, responsible for the use and custody of them.
They will be considered CUSTOMER those consumers, individuals that are of legal age and have a national document of identity (DNI) or legal entities that properly credit their condition, resident or located exclusively in Peninsular Spanish territory, Balearic Islands, Canary Islands and the autonomous cities of Ceuta and Melilla have the capacity necessary to act and which accept the present general conditions and the particular conditions which, if any, are of application and that the lender makes available on the web site gastromenus.com
The contracting of services by minors and by individuals or legal entities that do not meet the requirements set forth in these General conditions is expressly prohibited.
Object of the contract
This agreement is to regulate the contractual relationship for the provision of services, born between the lender and the customer at the time in which it accepts the requested budget, paying the same and receives the corresponding invoice.
This contract may be celebrated both in person and at a distance . In the concrete case of distance contracts, is it established that the website of the provider is www.gastromenus.com, contact telephone + 34 667 26 63 98 and email@example.com email address
In the case of contracts concluded by distance, the provider is subject to the obligations and requirements set forth in law 34/2002, of 11 July, of services of the information society and electronic commerce (LSSICE), as well as in other laws, rules or regulations which result, according to the law in force result, or may result from the application.
The LENDER provides the information published on its website, in Spanish and English.
Based on the fulfillment of legal obligations the provider establishes that the contract will be held in the Spanish language, all of this without prejudice to all other stipulations and requirements that of all kinds exist or may exist in this regard.
Recruitment involves delivery, against payment of a price determined and publicly exposed through the web site, of a particular service.
These general conditions regulate the business relationship that arises between the lender and the customer for the procurement of the services that the lender makes available on the web site gastromenus.com
Recruitment through the web site gastromenus.com will be the acceptance by the customer of these general conditions, as it also implies acceptance of the conditions of use for the web site, the mere navigation laid down by the same. These conditions shall apply without prejudice to the application of legal norms on the matter that are applicable for each case.
The lender assumes no responsibility for any damages that may arise by the navigation on the website of the lender, where such damages are not caused by direct responsibility on the computer of the customer or third parties attributable to the lender.
The lender reserves the right to make any changes it deems appropriate, without notice, in the General conditions.
Such modifications may be made through the web site gastromenus.com by any legally admissible form and will be enforced during the time in which they are published on the web and is not validly modified by others later.
However, lender reserves the right to apply, in certain cases, some specific conditions with preference to the present general conditions when they consider it appropriate, announcing them in time and form appropriate.
Description of services
In compliance with legislation, and in particular of the law 34/2002, of 11 July, of services of the information society and electronic commerce, the LENDER offers in each of the sections of the web site gastromenus.com, depending on the type of service in question, the same information, prices and tax payable.
The services offered, as well as other services that could be offered through gastromenus.com, in the future will be delivered in Exchange for appropriate compensation to satisfy the customer, subject to the terms, conditions and terms of these general conditions and the particular conditions which, where appropriate, be established.
However, the lender reserves the right to withdraw or change the services offered through the web site gastromenus.com, using the simple change in the content of the same.
In this way, services offered at each moment in it shall be governed by General conditions applicable in each case. Likewise, lender shall have the right to stop offering, without prior notice and at any time, access to the above services.
The descriptions, which are established in each case, shall govern the provision by the lender of the services offered to the customer.
Availability of services
The availability of the services offered by the lender through the gastromenus.com web site may vary depending on the demand of customers. In such a case, the lender shall forward an email informing the customer of the failure to comply with the order.
In the event that the client has decided to make the payment in advance of services and finally are not available and/or not in accordance with the delivery time and do not want to buy it, it will return the full amount paid.
Indication and validity of rates
The fees for services are always in the Euro – currency and include value added tax (VAT) or other taxes that may apply and will be those in force at all times.
There are 2 types of tariffs:
- General public rate (applied exclusively to the final consumer)
- Rate professional (applied exclusively to professionals in the sector of hospitality and restoration)
Both rates, depending on the type of client in each case, shall apply only to the services offered through this web site and the time they remain published.
The provider expressly reserves the right to change the rates at any time without prior notice. However, in any case, apply the rates indicated at the time of carrying out the corresponding order.
Unless otherwise expressly noted, rates do not include other attachments and additional services to the service purchased.
All payment made to the lender will result in the issuance of an invoice to the customer. Invoice will be always sent to the email address provided by the customer, as well as posted next to the contracted services, except in the case that the client expressly requests the sending of the invoice by mail. The customer expressly authorizes the lender to issue and send the invoice in electronic form, but you can tell us at any time your willingness to receive an invoice on paper, in which case we will issue and send you the invoice in this format.
In any case you can confirm the terms of delivery of the order, both in term and economic, so that it is firm, or request any information about your order, the customer may contact the lender via the telephone + 34 667 26 63 98 or email address firstname.lastname@example.org. In any case it should be indicated in the subject line of the message or in the call made what order number was assigned and indicated in the payment confirmation email.
Tax billing and value added Tax
In accordance with the provisions of article 68 of the law 37/1992 of 28 December, the value added tax. Delivery of items shall be located in the territory of application of Spanish VAT if the delivery address is in the Spanish territory except Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally applicable at each time according to the specific article in question.
Orders with destination to the Canary Islands, Ceuta and Melilla, the deliveries will be VAT exempt by application of the provisions of article 21 of law 37/1992, without prejudice to the application of taxes and corresponding duties in accordance with the regulations in force in each of these territories.
Contracting of services
To proceed with the payment, the customer must follow each and every one of the instructions that are displayed on the web site.
So the customer must request a personalized budget from the lender by clicking on the button REQUEST A FREE ESTIMATE which will take you to an electronic form that requests the following data:
- Name (required field)
- E-mail (required field)
- Phone number (required field)
- Selection of services (at least one)
- Questions or comments (required field)
Form of payment for services
The payment of services can only be performed using the form of payment which is indicated on the web site at any time.
The payment of the service, as well as any tax resulting from the application, will be at the time of completing the order.
There are 2 methods of payment established on the web site as payment system https://www.gastromenus.com so that the client can choose how to make an order:
- Payment by Bank transfer: the client shall make the payment of the order by transfer to the account indicated in the received budget. On acceptance of the budget, the amount will be paid by bank transfer with emission of the corresponding invoice, which will be sent in electronic form to the e-mail address provided by the customer.
- Payment by PayPal: The customer can pay the amount of the budget requested by the PayPal payment gateway. The corresponding invoice which will be sent in electronic form to the email address provided by the customer which will be issued upon receipt of payment.
Delivery of contracted services
Once confirmed the payment of the service, delivery of the commissioned works will take place within a maximum period of 72 hours from the acceptance of the budget, depending on the tasks assigned.
The sending of works will be held by electronic mail to the e-mail address provided by the customer.
Exclusion from the exercise of the right of withdrawal
The services offered on the web site and contracted by the customer are excluded from the right of withdrawal since they are services made to customer specifications or clearly personalized, without prejudice to the corresponding claim for damages suffered if it were the case.
In this way the customer has no right of withdrawal if the LENDER provides you with services according to the customer’s specifications and that they are clearly designed according to your needs or if the customer has ordered the provision of a service before the expiry of the period of withdrawal.
Processing of personal data
In accordance with the provisions the organic law 15/1999, of 13 December, of protection of Personal character data, the lender informs customers of the web site of the personal data collected by filling in the electronic form from contact are stored in the automated WEB forms, under its responsibility, duly registered in the Spanish Agency of data protection, with the aim of the management of the budgets requested to facilitate, streamline and meet the commitments established between both parties. Likewise, the LENDER informs the client of the possibility of exercising rights of access, rectification, opposition and cancellation by writing to the postal address of GastroMenus Boqueres, polígono O, no. 37 – 03690 San Vicente Del Raspeig (Alicante) or through e-mail electronic email@example.com attaching, in both cases, a photocopy of your D.N.I./N.I.E./Passport and clearly stating the right you want to exercise.
Such data will not be disclosed by the lender to any third party without the express consent of the customer. All of this without prejudice to the duty of collaboration of the LENDER, before the competent administrative and judicial bodies that may require data from the affected client.
Exemption from responsibilities
The Lender cannot guarantee the technical continuity of the web site by failures or interruptions of the service, or that the web site will be available or accessible 100 percent of the time. You cannot guarantee the absence of viruses or other harmful components on the web site or the server from which it is supplied.
In any case, the unavailability of the web site https://www.gastromenus.com, or the existence of faults in the same, in no way entitles the customer or third parties under no circumstances to claim any compensation or compensatory benefit.
These conditions have been exhibited with due notice, in accordance with the legislation in force. Likewise, the LENDER puts at your disposal the present general conditions, so that they can be stored and reproduced, thus fulfilling the legal duty of prior information.
The lender reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the web site capabilities and/or contents that are incorporated in the web site. As well, such as ceasing the provision of services at any time, keeping intact the trade commercial obligations or any kind acquired up to that time.
In the event that any provision or provisions of these terms of purchase were considered invalid or unenforceable, in whole or in part, by any court, Tribunal or administrative body, this invalidity or inapplicability will not affect the remaining provisions. In this case, the clause or clauses affected will be replaced by another or others that have the most similarity to the replaced effects.
Any query, suggestion, complaint or claim relating to the procurement of services, can be done through our service to the customer on the telephone + 34 667 26 63 98 or via email or email firstname.lastname@example.org hours of 09:00 to 14:00 and 17:00 hours to 20:00 hours from Monday to Friday (working days), except Saturdays, Sundays and public holidays.
European platform of online dispute resolution
In the event that the user has had a problem with a purchase or the provision of an online service, you can make use of this medium for any claim in relation to the sale or provision of services, as well as to opt for the solution extrajudicial for any conflict arisen.
By virtue of the provisions of article 14.1 of Regulation (EU) 524/2013 of application throughout the European Union, the owner of the WEB makes available to users of the web site the following link: https://webgate.ec.europa.eu/odr/main/index.cfm? event = main. home show & lng = ES
Through this link, users of the web site can access the European platform of litigation resolution online consumer (ODR).
These general conditions are governed by Spanish law. The parties submit, at its option, for the resolution of conflicts, with waiver of any other jurisdiction, to the Courts and Tribunals of Alicante.
If any clause included in these general conditions is declared totally or partially invalid or unenforceable, such invalidity or unenforceability will only affect such provision or part thereof that is void or ineffective, with the rest of the present General conditions and such provision in whole or in part not included.
In the same way, these conditions are subject to any other provision, regulation or law that results directly or indirectly from application.