Terms and Conditions
Terms and Conditions
GENERAL PURCHASE CONDITIONS 1. GENERAL CONTRACTING CONDITIONS These General Contracting Conditions together, where appropriate, with the particular conditions that may be established, expressly regulate the commercial relations between EL ASADOR DEL PARQUE and the clients who carry out the sale of the products offered through the online store www.elasadordelparque.com EL ASADOR DEL PARQUE may unilaterally modify, and at any time, any of the stipulations contained in this text, either by eliminating, limiting or suspending them temporarily or permanently. These conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 by he approves the revised text of the General Law for the Defense of Consumers and Users in its last modification contained in Law 3/2014 of March 27, Law 7/1996 on the Regulation of Retail Trade, the Royal Decree-Law 14/1999 regulating the Electronic Signature, the legislation on the protection of personal data applicable and how many legal provisions are applicable. INFORMATION PRIOR TO CONTRACTING 1.1- Customers are informed that the procedures for purchasing our products will be those shown on the screen at all times and those described in these General Conditions. The client declares to know and accept said procedures as necessary to proceed with the purchase. 1.2- The language in which the contract between EL ASADOR DEL PARQUE and the client will be concluded will be Spanish. IDENTIFICATION The online store is owned by ALFREDO Y CARLOS, SL (referred to in these general contracting conditions as the registered trademark EL ASADOR DEL PARQUE) with CIF: B80355050, registered in the Madrid Mercantile Registry Volume 3009, Book 0, Folio 78, Section 8th, Sheet M 51536, 2nd Inscription (Hereinafter EL ASADOR DEL PARQUE). With Registered Office at Calle Romacalderas nº 3, 28260 Galapagar, Madrid. With email: info@elasadordelparque.com PRODUCTS OFFERED. PURCHASE SYSTEM 1.3- The customer will be able to view in our online store, classified by categories and subcategories, all the products offered for purchase, which will appear along with their characteristics and price. You should bear in mind that the price of some of our products will vary depending on the desired weight. All prices will be shown in euros and include the applicable Value Added Tax (VAT) and / or any other tax that may be applicable. Said prices will be current at all times, except for possible typographical errors. EL ASADOR DEL PARQUE reserves the right to decide at any time the products made available to customers through the online store either temporarily or permanently. In particular, EL ASADOR DEL PARQUE may at any time add new products to those offered or included in the online store, it being understood that unless otherwise provided, such new products will be governed by the provisions of these general conditions. Likewise, EL ASADOR DEL PARQUE reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different types of products offered in the online store. The products included in the online store will correspond in the most reliable way possible that the web display technology allows to the products actually offered. The characteristics of the products and their prices are detailed in their product file posted in the online store. The photographs that appear in the online store are merely indicative. It is possible that the product whose availability has been confirmed runs out during the purchase process, or that delivery times may be delayed. As soon as EL ASADOR DEL PARQUE becomes aware of any of the above circumstances, it will communicate this fact by email to the customer or by phone call and the customer may choose between accepting the delivery of the product for the new reported period, replacing the product with a new one or If the amount has been paid, proceed to refund within 14 days of the price paid. Similarly, it reserves the right to unilaterally modify, without prior notice, the prices of the products as well as the establishment of temporary offers on them, however (except when the changes are due to the fact that the prices reflected are incorrect) such Changes will not be applied to orders that have been placed successfully and that have been confirmed by email. In the event of an error in the price of the Product in the online store, EL ASADOR DEL PARQUE will proceed as follows: If the correct price is lower than that shown in the online store, EL ASADOR DEL PARQUE will charge the customer the lower of the prices and proceed with the shipment of the product. If the correct price is higher than that shown in the online store, EL ASADOR DEL PARQUE will contact the customer to decide between continuing with the order or canceling the order at no cost. 1.4- To proceed with the acquisition of the products, the client must select the product / s that he wishes to purchase, specifying its packaging, grain size when applicable, and quantity and clicking "Add to cart". You must take into account that depending on the type of product, quantity limits could be established for logistical reasons or stock availability. By definition, all materials are delivered to the store, although the customer is offered the possibility of contracting shipping separately to their home or work. Said hiring is carried out in agreement with our staff, and this can be paid by telephone with a credit card, or at the time of delivery to the driver of EL ASADOR DEL PARQUE. Due to the special nature of the products, especially due to their great weight and complexity of access to the urbanizations and works, each shipment is treated in a personalized way according to a Shipping Cost Rate, mainly in the Community of Madrid. Said Rate is available to the client at our facilities and may also be reflected on the web in certain situations for information purposes and for the client's guidance. Once the customer has selected the desired product (s), they can "add more" to preview the order costs by clicking on the basket icon or go to "Go to payment". For more information on shipping costs, go to point 1.12 of these Terms and Conditions. BILLING AND PAYMENT METHODS 1.5- When the customer has clicked on "Add to cart", if he made the preview mentioned in the previous section, or has clicked directly on "Pay", he will successively access the Invoicing panel, with step previous "Shipping options", "Payment information" and finally "Order confirmation". 1.6- To proceed with the purchase, the client will need to be registered in EL ASADOR DEL PARQUE. In this sense, the client will be asked to enter their personal data in the Billing form which, in turn, will serve to proceed with their registration. In this way, the system itself, for subsequent purchases, will remember all your data when you enter your email and password registered in the customer tab. If the client has already registered at EL ASADOR DEL PARQUE at a previous time, they will be able to directly access the menu "Are you already a client?" at the top of the screen where you will be asked for the customer name or email with which you identified yourself in your first purchase as well as the password you registered. It is the client's obligation to properly safeguard their client name or email and their password as they are identifying and enabling elements for the acquisition of our products. It undertakes, in this sense, not to assign its use or to allow access by third parties, assuming responsibility for damages that may arise from improper use of the same. In case of loss or theft, the client must contact EL ASADOR DEL PARQUE as soon as possible to avoid risks of unauthorized access. Customers are informed that once registered, these data will be stored in our systems and may be modified at any time. EL ASADOR DEL PARQUE reserves the right to cancel the username and password, and therefore access to the online store, of those customers who have debit or unpaid balances. 1.7- Completed the billing form according to the information requested in it and, if applicable, having applied a coupon authorized by EL ASADOR DEL PARQUE, the client will have a summary of their order together with the breakdown of the final price of their order. 1.8- If the client agrees with said order, he must click on "Place order", for which he must have accepted these Terms and Conditions as well as the Privacy Policy. The payment of the same will be made through PayPal, credit or debit card, the client being able to make use of VISA, VISA ELECTRON, MASTERCARD or AMERICAN EXPRESS. The payment system is made through an electronic commerce payment gateway with the secure server certified according to the SSL protocol provided by the selected Banking Entity or PayPal server. EL ASADOR DEL PARQUE, consequently, does not have the bank details and, specifically, the credit card details of the customers of the online store. 1.9.- Once the purchase is made, the customer will receive a notification via email confirming the details of their order. Said confirmation will constitute a copy of the contract between the parties. THE PARK ASADOR will file the electronic document in which the contract is formalized. Additionally, the customer will have the right to receive, free of charge, the invoice for their purchases. 1.10- When the amount of a purchase has been charged fraudulently or improperly using the payment card number, it will entitle the buyer to demand the immediate cancellation of the charge. However, if the purchase had actually been made by the cardholder buyer and the return demand was not a consequence of having exercised the right of withdrawal or resolution, the latter will be obliged to the employer to compensate the damages caused as consequence of said cancellation. DELIVERY OF ORDERS 1.11- THE PARK GRILL guarantees the existence of all the products that are offered. However, if at the time of preparation, the availability of a product cannot be guaranteed, the amount of this will be paid from the total economic transaction in the same way as the collection. 1.12- THE PARK ASADOR DOES NOT ship orders. All products must be picked up on the premises. 1.13- THE PARK ASADOR is obliged to deliver the goods in store. All orders are accepted with the following conditions: - Orders will receive a written confirmation from EL ASADOR DEL PARQUE with a delivery deadline on working days, starting from the next business day immediately after the order was placed. These indicated deadlines vary depending on availability and shipments to be made by purchase order. - The delivery period for orders placed on the web will be a minimum of 24 hours or the later date requested by the client in their observations (always with a minimum of 24 hours for processing and 48 hours in case of holidays) - The client must inform EL ASADOR DEL PARQUE of any type of existing food allergy at the time of placing the order. All orders will be processed complying with the cleaning and quality guarantee requirements so that the product is collected by the client with optimal quality and packaging suitable for home transport. CUSTOMER RESPONSIBILITIES 1.14- The customer agrees to provide true and accurate data and declares that he is of legal age and that he has the necessary legal capacity to contract the products offered in the online store. 1.15- The customer agrees to be present at the agreed time for delivery or to authorize a person of legal age to receive the order, provided in the billing form. In the latter case, EL ASADOR DEL PARQUE will understand that said person has been duly authorized and therefore said end will remain under the exclusive responsibility of the buyer. In the event that the customer or the authorized person is not present at the time of delivery, the costs of the order not withdrawn will always be borne by the buyer for the amounts contracted in the store, with no possibility of return as it is understood that not wishes to be withdrawn, forgotten or omission of presence for reasons beyond EL ASADOR DEL PARQUE's control, and given that the contracted products may no longer be reused. EL ASADOR DEL PARQUE will not assume any responsibility for delays in moving to homes with orders, due to particular situations, traffic, forgetfulness in vehicles, etc. when this delay is the sole fault of the buyer or the authorized person. If for any circumstance the client could not be present at the time of delivery, they should contact our information and customer service telephone number: 91 8 or via email info@suministierra.es, to agree on another delivery day in agreement as specified in these Terms and Conditions. At the time of delivery, the customer must sign the delivery note according to the order delivered and accepted. In the event that the product has arrived in poor condition due to transport, the customer must indicate it on the delivery note and notify EL ASADOR DEL PARQUE within 24 hours of receipt at our information and customer service telephone number, or communicate this circumstance via email. The buyer assumes the risks of deterioration, impairment, damage and loss of the products of the order from the moment they are delivered in accordance with the procedure regulated in these Terms and Conditions. The client will be responsible for the storage and conservation of the products under the conditions that, where appropriate, are established on their labeling. The client acknowledges and accepts that the use of the online store is carried out at all times under their entire risk and responsibility, so EL ASADOR DEL PARQUE is not responsible for the misuse or improper use that may be made of the online store. For this purpose, it will only be responsible for the damages that the client may suffer from the use of the online store, when said damages are due to our malicious action. In particular, EL ASADOR DEL PARQUE will not be responsible for: The content of the sites linked through the links included within the online store. The online store could host advertising content or be sponsored. In no case will EL ASADOR DEL PARQUE be responsible for the inaccuracy, falsehood or irregularities that the advertising materials or those of the sponsors may contain. Damages of any kind caused to the client's computer equipment by viruses due to the fact that it corresponds to the client, in any case, the availability of adequate tools for the detection and elimination of harmful electronic programs. Damages suffered by the client that have their origin in the lack of veracity or accuracy of the information provided by the client. Damages and losses suffered by the client for any decision made by the client himself as a result of the information contained therein. Illegal, harmful or contrary to morals, uses and good customs that are the responsibility of third parties. WITHDRAWAL AND RETURNS 1.16- The buyer will have a period of up to fourteen (14) calendar days from receipt of the product to resolve the sale, without indicating any reason, or file a claim. The right of withdrawal will not be applicable, according to article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws , to contracts that refer to: (i) The supply of goods that may deteriorate or expire quickly, become contaminated or damaged due to their abandonment to environmental elements, both themselves and their packaging. (ii) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been deprived of their seal after delivery. And as both in the remote delivery and in the physical store itself, the conservation control is lost at the time of delivery and they can be contaminated or deteriorate quickly, the right of withdrawal will not be applicable in any sale of any type of food products in origin or elaborated, seafood, fish, meat. etc. from the moment of delivery. These must therefore be reviewed at the time of collection, giving the customer their agreement. In relation to the accessory products offered by the online store, they can only be returned if they have not been opened and in their original packaging for protection reasons set out in point (ii) of this section. For non-excepted products, THE GRILL will only accept the exercise of the right of withdrawal for unused items, in perfect condition and with the original packaging, as well as the intact label on the purchased product. In the event that the aforementioned conditions are not met, the return will be rejected. THE ASADOR DEL PARQUE would contact the customer to inform him that the return has been rejected. 1.17.- For products not excepted according to the previous rule, the buyer who wishes to exercise the right of withdrawal must notify EL ASADOR DEL PARQUE of his decision to withdraw from the contract, by communicating to the Customer Service address via email. (sent a message) to info@elasadordelparque.com, or by written communication addressed to the Customer Service Department at the address of EL ASADOR DEL PARQUE. For this purpose EL ASADOR DEL PARQUE makes available to buyers a withdrawal form that must be completed and sent to EL ASADOR DEL PARQUE through any of the options listed. Once said communication has been made and received by EL ASADOR DEL PARQUE, an acknowledgment of receipt will be given. The returns of the orders will always be processed through the customer service telephone number 91 851 48 48 in order to expedite the possible incident and at the same time it is detected. Subsequently, the pertinent consultations can be made via email to the email: info@elasadordelparque.com 3.18- The exercise of the right of withdrawal will extinguish the obligations of the parties to execute the contract. 3.19- THE PARK ASADOR will reimburse all payment received from the buyer, not including delivery costs, without undue delay and in any case, before 14 calendar days have elapsed from the date on which the withdrawal was communicated through the same means. of payment used by the buyer in the initial transaction. In case of unjustified delay by EL ASADOR DEL PARQUE in the return, the buyer may claim that double the amount owed be paid. EL ASADOR DEL PARQUE reserves the right to withhold reimbursement until the goods have been received, or until the consumer and client have submitted proof of return of the goods. INDUSTRIAL AND INTELLECTUAL PROPERTY EL ASADOR DEL PARQUE has obtained the corresponding license on the exploitation rights in terms of intellectual, industrial and image property on the contents and available through the online store, among others by way of example and not exhaustive, texts, graphic designs, drawings, source code, navigation structure, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by the regulations national and international treaties on intellectual and industrial property (hereinafter, jointly, the "Contents"). All intellectual and industrial property rights over the Contents are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the online store, for purposes public or commercial, if you do not have the prior, express and written authorization of the owner of the trademark or, where appropriate, of EL ASADOR DEL PARQUE of the rights to which they correspond. The use, exploitation and / or unauthorized use of the Contents, as well as any act of a similar nature from which an infringement of intellectual or industrial property rights is derived, will give rise to the legally established responsibilities. 2. COMMUNICATIONS / CUSTOMER SERVICE 2.1- For the purposes of these Terms and Conditions, and for any communication that may be required between EL ASADOR DEL PARQUE and the client, they must send a written communication to the Customer Service Department at the address Calle Romacalderas, 3, 28260, Galapagar, Madrid, or by email (sent a message) to info@suministierra.es or by phone 91 161 80 01. Communications from EL ASADOR DEL PARQUE to the client will be made in accordance with the data provided by him when registering on the website. The client expressly accepts for all communications related to the use of the website, and / or the purchase of products, the use of email as a valid procedure for sending such communications. 3. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION 3.1 These conditions will be governed by Spanish legislation, which will be applicable to what is not provided in this contract in terms of interpretation, validity and execution. 3.2 For the cases in which the regulations foresee the possibility for the parties to submit to a jurisdiction, EL ASADOR DEL PARQUE and the client expressly waiving any other that may correspond to them, will submit any controversies and / or litigation to the knowledge of the Courts. and Courts of Barcelona to resolve any controversy that may arise in the interpretation or execution of these contractual conditions. In the event that the client makes a claim against EL ASADOR DEL PARQUE in relation to the product or the purchase process, the client must direct their claim to EL ASADOR DEL PARQUE in writing to the address Calle Romacalderas, 3, 28260, Galapagar, Madrid, or by writing to us at info@elasadordelparque.com. In the claim, the client must indicate at least: - His full name. - Your contact information and ID, Passport, NIE, TIE or other valid document that identifies you. - Full description of the claim and its grounds. - Documents on which you base your claim. 3.3 If the client does not obtain a response from EL ASADOR DEL PARQUE within a period of one (1) month from the date the client submits his claim to EL ASADOR DEL PARQUE or if he is not satisfied with the solution proposed by EL ASADOR DEL PARQUE , by virtue of the provisions of RD 1/2007, the client has the right to go to an entity for the alternative resolution of consumer disputes (hereinafter, "ERALC") accredited to act in Spain, according to the procedure provided for in the Law 7/2017. 3.4 EL ASADOR DEL PARQUE is not attached to any ERALC. In the event that the client wishes to resolve a consumer dispute arising with EL ASADOR DEL PARQUE through an ERALC, he must notify EL ASADOR DEL PARQUE and this will provide information on, at least, one ERALC that is competent to know of the client's claim, likewise, EL ASADOR DEL PARQUE will inform you if it will participate in the procedure before the ERALC. 3.5 To resolve their claim, the client who has contracted online through the online store owned by EL ASADOR DEL PARQUE, has the right to go to the online dispute resolution platform of the European Union through the following link Dispute Resolution online. ANNEXED. MODEL OF WITHDRAWAL FORM (You only have to fill in and send this form if you wish to withdraw from the contract) For the attention of EL ASADOR DEL PARQUE (ALFREDO Y CARLOS, SL), with address at Calle Romacalderas, 3, 28260, Galapagar, (Madrid ) and email info@elasadordelparque.com I hereby inform you / we communicate (*) that I am withdrawing / we are withdrawing from our (*) purchase contract for the following good: Order number …………………………… received on …………………… .. …… Name of buyer or buyers: Address of buyer or buyers: Means by which payment was made: Signature (if presented on paper) Date:… ……. …………