GENERAL TERMS AND CONDITIONS OF CONTRACTING AND USE OF THE WEBSITE OF M.N CATERING 98 S.L.
These are the General Terms and Conditions of Contracting and Use (hereinafter, the “Terms and Conditions”) that govern the provision of the information supplied through this website (hereinafter, the “Website”), the use thereof and the contractual relationship whereby the user acquires the products offered in the Online Store that M.N. CATERING 98 S.L. (hereinafter, the “COMPANY”) makes available at the URL freshdelimonchos.com (hereinafter, the “Online Store”).
These Terms and Conditions refer exclusively to non-trading natural persons and have been drawn up in accordance with the provisions of Act 34/2002, on Information Society Services and Electronic Commerce (hereinafter, “LSSI”), the Royal Legislative Decree 1/2007 of 16 November, approving the consolided text of the General Act for the Protection of Consumers and Users (hereinafter, “LGCU”), Act 7/1998 of 13 April, on General Contracting Terms, ACT 7/1996 on Retail Commerce, Act 59/2003 of 19 December, on Digital Signatures, Organic Act 15/1999 of 13 December, on Protection of Personal Data (hereinafter, “LOPD”) and any other legal provisions that may apply.
COMPANY reserves the right to change the structure, configuration and design of the Website, as well as these Terms and Conditions at any time and without prior notice. Such amendments shall be included in this document.
An updated version of these Terms and Conditions shall be permanently available on this Website, which users may access at any time. Users may store this document and obtain a physical copy thereof by printing it out.
2. Ownership of the Website
In compliance with the LSSI, we inform you that ”COMPANY” is a company with registered office at Calle Gran de Gracia, 81, 08012, Barcelona, holder of Spanish Value Added Tax Identification Number (CIF) B-61418141 and is duly authorised to use and exploit this Website, whose use is subject to these Terms and Conditions.
3. Acceptance of the Terms and Conditions
The browsing of or just access to the Website and the purchase of any of the products offered in the Online Store attribute the status of user of the website and imply full and unconditional acceptance of these Terms and Conditions as well as any amendments thereto.
The sale of products from the Online Store is conditional upon acceptance of these Terms and Conditions. Therefore, the user who purchases products from the Online Store acknowledges having read these Terms and Conditions and expressly agrees to fully and unconditionally comply with each and every one of them.
4. Legal capacity
The services and contents offered through this Website are only intended for natural or legal persons who, in accordance with the applicable legislation, have sufficient legal capacity to accept these Terms and Conditions and who have not been excluded by ”COMPANY” for contravening any of the provisions of these Terms and Conditions.
5. Intellectual and industrial property.
All industrial and intellectual property rights as well as all the information contained on the Website (images, brands, graphic designs, source code, design, browsing structure, databases, and any other content that appears therein) are the exclusive property of ”COMPANY”.
By means of these Terms and Conditions no industrial or intellectual property rights are transferred over the products offered in the Online Store, over the Website or over any of its constituent parts (images, brands, graphic designs, source code, design, navigation browsing structure, databases, and any other content that may appear therein), and the user is expressly prohibited from reproducing, transforming, distributing, publicly disclosing, extracting, reusing, resending or using in any of them in any way, by any means or procedure, except in cases where it is legally permitted or is expressly authorised in writing by ”COMPANY” and/or the holder of the respective rights.
The user is only authorised to view and obtain a temporary private copy of the contents for his/her exclusive personal and private use on his/her computer systems (software and hardware) and is not permitted to subsequently transfer them to third parties. With the above exceptions, the user may not alter or reproduce, either in part or in whole, this information without the express written consent of ”COMPANY”. Including but not limited to:
a) The user is not authorised to use the information contained on the Website for the purpose of conducting activities of a commercial or professional nature (direct sales or any other kind of commercial use, or marketing this information in any way).
b) The user is not authorised to delete, evade or manipulate the copyright and other data identifying the rights of ”COMPANY”, or any protection mechanisms.
c) The user is not authorised to disassemble, decompile or invert the databases in which the information on the Website is stored.
All the information on the Website is protected by copyright. The unauthorised use of the information contained in this Website, its resale, and the infringement of the industrial and intellectual property rights of ”COMPANY” will give rise to the legally established liabilities.
The brands (trademarks and logos) that appear on the Website are the exclusive property of ”COMPANY” and are duly registered or in the process of being registered. The names of other products, services and companies that appear in this document or on the Website may be brands or other trademarks registered by their respective and legitimate owners.
6. Links policy
”COMPANY” does not guarantee or assume any type of liability for damages suffered as a result of access to third-party content through possible links to other websites from the Website. The function that such links, if any, may have is exclusively to inform users of the existence of other sources of information or other Internet content and services. ”COMPANY” shall under no circumstances be responsible for the results obtained through these links or for the consequences arising from access to them by users. These third-party contents are provided by third parties, so ”COMPANY” cannot control the legality of such contents or the quality of the services offered therein.
7. User liability
In general, the user is obliged to comply with these Terms and Conditions, as well as with the special warnings or instructions for use contained therein and always act in accordance with the law, moral decency and the requirements of good faith, using due diligence, and refraining from using the Website in any way that may impede, damage or deteriorate the normal operation thereof, the assets or rights of ”COMPANY”, its suppliers, other users or, in general, any third party.
In particular, when the user accesses the Online Store in order to purchase the products offered, he/she undertakes to strictly comply with the following obligations:
a) Before making the purchase through the Online Store, the user shall check the characteristics of the product, its price, applicable taxes and functionalities. By sending the respective order form, the user accepts the Terms and Conditions of registration and ordering set out herein and undertakes to respect the use and prohibitions set out therein. The user shall be fully responsible for the use made of the product purchased, exempting ”COMPANY” from liability for any damage that may be caused by any correct or incorrect use of the product.
b) The fact that the user fills in the form does not imply the automatic acceptance of the order by ”COMPANY”, but it will be deemed to have been accepted when ”COMPANY” sends him/her an email confirming the request. Likewise, by sending the order form, the user undertakes to pay for the product purchased.
c) The product will only be delivered to end customers. Any unauthorised commercial use of the product, or its resale, is strictly forbidden, unless expressly authorised by ”COMPANY”.
d) The user undertakes to enable the delivery of the requested order by providing a delivery address where it can be delivered within the usual goods delivery schedule. In the event of non-compliance by the purchasing user of this obligation, ”COMPANY” shall not be liable for the delay or impossibility of delivery of the requested order.
Likewise, and without this implying any restriction of the aforementioned obligations, during the use of the Website the user undertakes:
a) Provide truthful information about the data requested on the order form at the Online store, and keep them updated. ”COMPANY” reserves the right, without prejudice to any other legal measures at its disposal, to withdraw, deny or suspend access to the Website if the information provided is or may be false, inaccurate or misleading.
b) Not to enter, store or disseminate on or from the Website any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on the grounds of race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
c) Not to introduce, store or disseminate through the Website any programme, data, virus, code or any other electronic or physical device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of ”COMPANY”, any other user, the suppliers of ”COMPANY” or in general any third party.
d) Not to carry out advertising or commercial exploitation activities through the Website, and not to use the contents and information of the Website to send advertising, or to send messages for any other commercial purpose, or to collect or store personal data of third parties.
e) Not to use false identities, or to supplant the identity of others in the use of the Website or in the use of any of its services, including the use of third-party passwords or access codes or in any other way.
f) Not to destroy, alter, render useless or damage the data, information, programmes or electronic documents of ”COMPANY”, its suppliers or third parties.
g) Not to introduce, store or disseminate through the Website any content that infringes the industrial and/or intellectual property rights or business secrets of third parties, or in general any content which he/she is not legally entitled to make available to third parties.
”COMPANY” reserves the right to exclude users or not allow them to purchase the product if it deems them to infringe current regulations, these Terms and Conditions, morality, generally accepted conventions or public order, as well as any other user whose access ”COMPANY” considers inadvisable for reasons related to its own image, the reputation of the website or any other reason. In this case, if payment has been made, ”COMPANY” shall proceed to refund the user.
8. Responsibility of ”COMPANY”
”COMPANY” undertakes to provide the user with the necessary information on the products it offers and these updated Terms and Conditions in the Online Store.
The contents and services may change and ”COMPANY” reserves the right to change the brand, the logo, the domain name (URL), the presentation and any other elements it considers appropriate in relation to its products. The user accepts that access to the Online Store, the content and the service of said website is that which exists at any given time. ”COMPANY” will not accept any claim for the contents, services, updates, connections and/or changes in general that affect its products.
”COMPANY” requires its suppliers to comply with European regulations. In this regard, ”COMPANY” is not liable for any personal and/or material damage resulting from the use of the product. Likewise, ”COMPANY” is not liable for any personal or material damage that may occur as a result of a manufacturing defect or improper use of the product.
”COMPANY” may contract or collaborate with subcontractors or third parties to carry out the supply of all or part of the products to which it commits itself by virtue of the various operations that are formalised in accordance with the provisions of this document.
”COMPANY” shall not be liable for the depletion of the stock of any product. In any event, the liability that could apply to ”COMPANY” shall be limited to the price of the product purchased by the user.
The user assumes all responsibility arising from the use of the Website, being solely responsible for any direct or indirect effect arising from that use, including, but not limited to, any adverse economic, technical and/or legal result, and the disappointment of the expectations generated by this Website, the user undertaking to maintain the indemnity of ”COMPANY” for any claims from third parties arising directly or indirectly from these events.
”COMPANY” is not liable for any damages that may result from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operative functioning of this electronic system or in the computer devices and equipment of the users, caused by reasons beyond the control of ”COMPANY”, that prevent or delay the user's access to the Online Store or browsing of the Website, or delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems, or the inability to provide the service or allow user access to the Online Store for reasons not attributable to ”COMPANY”, due to the user, third parties, or cases of force majeure.
However, ”COMPANY” declares that it has taken and will take all necessary measures within its possibilities and the state of the art, to ensure the proper functioning of this Website and to avoid the existence and transmission of viruses and other malware to users.
”COMPANY” reserves the right to interrupt access to the Website and the provision of the services offered through the Website at any time and without prior notice, for technical, security, control, maintenance or power failure reasons or for any other reason.
In general, ”COMPANY” does not control the use that users make of the Website. In particular, ”COMPANY” does not guarantee under any circumstances that users use the Website in accordance with the law, these Terms and Conditions, morality, generally accepted good practices and public order, nor that they do so in a reasonable and responsible manner. Consequently, ”COMPANY” is not liable for the use that the user makes of the content of the Website or its passwords that may involve a violation of any type of national or international regulation, industrial and intellectual property rights or any other third-party rights.
9. Products offered and prices
The products offered in the Online Store, together with their characteristics, utilities, images and price will appear on the screen.
The prices of the products listed on the Website will be included in and may be checked at any time through the catalogues and/or information contained on the Website during the product purchase process.
These prices indicated on the screen will appear in Euro and will be the retail prices and will therefore include the taxes applicable at any given time. The offers will be duly indicated on the screen. ”COMPANY” reserves the right to choose the products offered to users through the Online Store at any time. ”COMPANY” also reserves the right to cease providing access, at any time and without notice, to any of the products offered in the Online Store.
The prices and offers presented on the Website are valid solely and exclusively for online orders made through the Online Store on the Website, and may not match the prices and offers in force in other physical shops or websites of ”COMPANY”.
”COMPANY” shall not be obliged to supply the product at the wrong price if the error in the price is obvious and unequivocal and could easily have been recognised by the user as an erroneous price.
Prices may change at any time, but (except as set out above) any such changes shall not affect orders for which an order confirmation has been sent.
10. Order placement.
For the purchase of products in the Online Store, ”COMPANY” will ask the user to register, for which the user must complete the registration form in order for ”COMPANY” to create a user account that will consist of the email address provided by the user as username and a password that the user has chosen, both data being necessary to access the Online Store and make purchases. The username and password provided by ”COMPANY” are identifiers and are personal, non-transferable and modifiable.
Once registered as a user, to proceed with the purchase of products, you must select the product(s) you wish to purchase according to the instructions on the screen, select the shipping address of the product(s) selected, the shipping method from among those available for the product(s) selected (which, depending on the shipping method selected, may involve the charge of shipping costs in which case they will appear on the screen when you select the shipping method) and the means of payment from among those permitted at any given time. Once the order form has been completed as described above, it must be validated by accepting these Terms and Conditions. Their acceptance implies the reading and unconditional acceptance of all these Terms and Conditions, which are the document that governs the contract of sale between ”COMPANY” and the user as part of the conclusion of the same. If you have any promotional code, you can enter it in the section provided for this purpose before placing the order. Likewise, should you wish to make a specific comment on the order, you can do so before validating the order by filling in the section of the order form provided for this purpose.
Unless otherwise proven, the data recorded by ”COMPANY” shall be proof of all transactions between ”COMPANY” and users.”COMPANY” shall file the electronic document in which the order is placed, and this will be accessible to users.
Once the purchase has been made, and as soon as possible, ”COMPANY” shall email the user a confirmation of the order. The order confirmation shall not be valid as an invoice. The purchase prices shall be those in force at the time the order is placed.
“COMPANY” shall process all orders placed subject solely to the provisions of these Terms and Conditions. In any event, “COMPANY” shall not be liable for any defects in the service of its server centre or communication networks or any problems resulting from malfunctions or use of non-optimised versions of browsers.
In no case may an order, once requested by the user, be changed without the written consent of “COMPANY”. Any change proposed by the user and accepted by “COMPANY” may be subject to charges for changes or possible variations in price, specifications or delivery time of products, as determined by “COMPANY” at its sole discretion, and in accordance with current regulations, such decision being binding on the purchaser once it has been notified.
“COMPANY” reserves the right to cancel the username and password and, therefore, access to the Online Storeby any users that have outstanding or unpaid balances with “COMPANY”.
The payment of the price of the products purchased in the Online Store and the shipping costs that appear on the screen (in the event of the user having to bear them according to the total price of the products, the country of delivery thereof and the selected shipping method), may be made by the means of payment indicated on the screen at any given time. The means of payment accepted at any given time can be checked on the home page of the Website.
To make the payment, the User must follow all the instructions displayed on the screen, providing the following information: a) Card number; b) Expiry date; c) Verification Code (CVV); d) as well as any other means of payment indicated on the screen as an electronic payment system.
“COMPANY” has installed a payment gateway for electronic commerce. All data provided for these purposes are encrypted to ensure maximum security. In order to ensure users the highest level of security, “COMPANY” reserves the right to request the documents relating to the identity and means of payment of the user prior to the delivery of the order.
Credit cards are subject to checks and authorisations by the issuing bank of the cards, and if this bank does not authorise the payment, “COMPANY” shall not be liable for any delay or non-delivery and shall not be able to conclude the purchase with the user.
12. Availability of the products
All product orders are subject to the availability of the products and, in this regard, if difficulties arise in terms of supply, or if there is no availability in stock, “COMPANY” reserves the right to provide the user with information about alternative products of equal or higher quality and value that he/she can order. If the user does not wish to place a new order of the substitute products offered, “COMPANY” shall reimburse the amount paid by the user within a period of no more than fourteen (14) days.
Notwithstanding the provisions regarding the availability of stock, and except in the case of extraordinary circumstances, “COMPANY” shall proceed to prepare and send the products purchased in the Online Store and listed in the order confirmation to the address indicated by the user or in the physical shop of “COMPANY” specified at the time of placing the order (if this option has been selected) within the period specified at the time of placing the order (depending on the shipping method selected) and, in any event, within a maximum period of thirty (30) days from the date of confirmation of the order.
No deliveries are made on Saturdays, Sundays and public holidays, and therefore these days do not count for the purposes of preparation or delivery times for orders placed through the Online Store.
Once the order leaves the “COMPANY” warehouses, it will send an email to the user with confirmation of shipment and a tracking number to track your delivery. In any event, the user can check at any time through the “Track my orders” section of the Private Area of their account on the Website.
“COMPANY” makes every effort and uses all the means at its disposal to meet delivery times. In the event of being unable to meet the delivery date, “COMPANY” will inform the user of this fact giving him/her the option of going ahead with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid through the same means by which the payment was made and within a period of no more than fourteen (14) days. In periods of promotions, sales or discounts, the order may be delayed due to the increase in orders. If this happens, the customer shall be informed via email.
For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place when the user signs the receipt of the products at the agreed delivery address.
14. Changes and returns
With the aim of providing a quality and optimal service to its users, “COMPANY” may offer its users the possibility of exchanging and/or returning the products purchased through the Online Store.
“COMPANY” reserves the right to modify the exchange and return policy at any time, although it will only apply to orders placed after the modification and will respect the previous exchange and return policy for orders placed prior to the modification date.
14.1 Right of withdrawal
Without prejudice to the exchange and return policy described in the previous section that “COMPANY” may offer at any given time, “COMPANY” informs the user that, in accordance with current legislation, he/she has a period of fourteen (14) calendar days from the date of receipt of the order or delivery of the order to withdraw from the product with no obligation, in the event of having picked it up in a physical shop of “COMPANY”. To carry out this withdrawal, the user may choose between returning the product to any of the physical shops of “COMPANY” or communicating the withdrawal to “COMPANY” by sending an email to the address [email contact] in order to arrange home pickup by a courier.
The user shall bear the cost of returning the product(s). The item(s) to be returned must be returned properly protected, in its (their) original packaging, in perfect condition, with all accessories and the invoice.
Only the price of the purchased product (including, if applicable, shipping costs) will be refunded. Notwithstanding the above, under no circumstances will shipping costs be refunded for orders with delivery addresses in the rest of the European Union outside Spain and Portugal.
When the purchaser has exercised his/right to the withdrawal of the product(s), “COMPANY” will reimburse the amounts received by the same means of payment as used for its (their) purchase in a period of no more than fourteen (14) calendar days. Notwithstanding the foregoing, “COMPANY” may withhold such reimbursement until receipt of the item(s).
Applicable regulations require that some of the information and/or communications sent to users must be in writing. By using this Website, the user accepts that most of the communications with “COMPANY” will be electronic. “COMPANY” will contact users by email or provide information by posting notices on this Website. The user consents to using this electronic means of communication and recognises that all contracts, notifications, information and other communication electronically sent by ”COMPANY” meets the legal requirement for being considered written communication.
Users should send communications and/or notifications to “COMPANY” preferably via the different means of contact specified in the “CONTACT” section of the Website. In accordance with the previous section, and unless otherwise stipulated, “COMPANY” may send communications either by email or to the postal address provided by the user in the order request.
In the event that “COMPANY” ceases to insist on strict compliance by the user of any of the obligations assumed under these Terms and Conditions, or if it ceases to exercise any of the rights or remedies that “COMPANY” is entitled to exercise or file under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies or exempt the user from complying with such obligations.
Any waiver of performance by “COMPANY” shall not constitute a waiver of any subsequent performance.
No waiver by “COMPANY” of these Terms and Conditions shall be effective unless expressly stated to be a waiver and communicated to the user in writing in accordance with the provisions of the above Notifications section.
Any invalid, void or illegal clause or provision of these Terms and Conditions shall not affect, impair or invalidate, to the extent not essential to the fulfilment of the purpose of these Terms and Conditions, any other Terms and Conditions or provisions contained herein, which shall remain in full force and effect.
22. Entire agreement
The contract document between the user and “COMPANY” consists of these Terms and Conditions, the form sent by the user with his/her personal and payment details and the data located in the Online Store, which complete this document, prevailing over any other prior or simultaneous verbal or written agreement.
23. Governing law and jurisdiction
The validity, execution and interpretation of these Terms and Conditions and the sales and purchases made through the Online Store hall be governed in all respects by Spanish civil and commercial law.
“COMPANY” and the user undertake to attempt to settle amicably any disagreement that may arise in the performance of the contractual relationship, before taking the matter to court. In this regard and with the aim of attempting to settle amicably any dispute that may arise, the user agrees to contact the customer service department at M.N. Catering 98, S.L. Customer Service Department, Travesera de Gracia, 44-46, 08021, Barcelona or send an email to the address [email contact], before filing a claim before any administrative or judicial authority.
Also, pursuant to the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, “COMPANY” informs you that, in the event of a dispute, users resident in the European Union may use the “Online Dispute Resolution Platform” provided by the European Commission, in order to try to settle out of court any dispute arising from the sale of products offered by “COMPANY”. You can access the “Online Dispute Resolution Platform” through the following link: https://ec.europa.eu/consumers/odr/
In the event of any disagreement, dispute, discrepancy, question or claim arising from the execution, interpretation and/or application of these Terms and Conditions and/or use of the Website that has not been settled amicably between the parties, it will be ultimately settled in the Courts of the city of Barcelona, unless a different jurisdiction is established by law.
These Terms and Conditions were updated on 18 October 2017.