General business terms and conditions for online orders. These terms and conditions apply when placing online orders from:
FRANCESC XUMETRA GUSÒ
Address: Avinguda Grècia 61, L'Estartit 17258, Spain
Public telephone: +34 972 75 07 75
Menu currency: EUR
(Hereinafter, the "Restaurant" or "We" or "We"). These Terms and Conditions apply to you as a customer to place online orders (hereinafter, "you" or the "user" or the "customer").
Please read this terms and conditions carefully. If you do not wish to be bound by these terms and conditions then you must not access and/or use the online order (then named "online order application"). Access and/or use of the online order by you must be your acceptance of these terms and conditions.
These Terms and Conditions describe the general terms and conditions of online order between Us and You and the different rights and obligations of the Parties.
For the sake of clarity, these Terms and Conditions apply (also) in the case of online orders through the application (hereinafter, "online order request" or "request"; the applications are the online order request used by the Customer to place their order for different products and/or services (hereinafter referred to as "products" and/or "services").
The online ordering application is owned and operated by the licensor of the license agreement with respect to the use of the application to place online orders.
Without affecting the generality of these Terms and Conditions and for clarity, you must also abide by the license agreement with respect to the use of the application to place online orders.
The restaurant will do all necessary steps to ensure that information related to online orders is accurate and reliable. However, this cannot be foolproof and sometimes errors can occur. You must take appropriate steps to verify all information related to the online order before using it. To the maximum extent permitted in accordance with applicable law, the Restaurant disclaims any warranty or representation of any kind, either express or implied, in connection with any matter relating to the online order, including but not limited to the availability of the online order request.
From time to time, the restaurant may review the information regarding the online ordering request and/or ordering process and reserves the right to make such changes without obligation to notify past, current or future customers. In no event shall the restaurant be liable for any indirect, special, incidental or consequential damages arising from the use of the information contained herein and/or in connection with the online ordering process.
By placing an online order, you acknowledge and agree that the use of the online order request and/or processes at your own risk and to the fullest extent permitted in accordance with applicable law, in no event shall we be liable for any direct, indirect or incidental incidents, special, consequential or punitive damages, losses, costs or expenses or any loss of profit resulting from the use or inability to use this online order and/or any application and/or material on any site linked to this online Request (including but not limited to any viruses or any other error or defect or failure to comply with computer transmissions or network communications) even if we have been informed of the possibility of such damage. In addition, We cannot accept any liability with respect to any changes made to the content of the online order request and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted in accordance with applicable law.
The online ordering request and/or process may include content, information or links to third parties or third party sites. The restaurant is not responsible for the content of such sites, for the advertising or sponsorship content of third parties or for compliance with such regulations. Links may be accessed at the user's own risk and the Restaurant makes no representations or warranties about the content, completeness or accuracy of these links or the hyperlinked sites to this online order request. You agree to be exempted and release the Restaurant from any liability arising from the use of information from a third party or the use of any third party website.
Except as expressly stated otherwise, all information regarding the online order request (including but not limited to images, buttons and text) is the property and/or available with the permission of the licensor of the license agreement with respect to the use of the order. to order online and have rights to use them and may not be copied, distributed or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without your prior written permission.
Content that refers to specific products (e.g. food), the arrangement and design of the application texts and/or the online ordering process, trademarks and any other content, are proprietary and protected in accordance with applicable legal regulations and may not be used in any way without the express written permission of the restaurant.
The Customer does not obtain any license or right with respect to the information in connection with the online order or application.
If you decide to place an order online using the online ordering app, you may be asked to provide the full contact details and/or create an account, and you may need to accept cookies. You must keep your data confidential and you must not disclose it to anyone. The restaurant reserves the right to suspend the use of the online order request and/or process if it violates the Terms and Conditions.
You acknowledge and agree that all orders are treated as an express intention to purchase the products and/or services nominated by the agreed online prices and we treat this as a binding offer on your part to purchase such products and services. Any variation must be in writing, otherwise it will not be binding on either party.
Acceptance of any order for any of the products and/or services will be at the sole discretion of the restaurant. Our acceptance of an order may occur when you receive an on-screen message and/or an email notification and/or SMS, confirming your order.
The restaurant reserves the right to refuse any service, cancel your access to the online order request and/or process, delete or edit any content or accept your order(s) in its sole discretion and without notice. The restaurant's online order request should only be used by persons over eighteen (18) years of age, or the minimum legal age permitted by law or under the supervision of an adult or guardian.
All products and/or services provided through the online ordering application are made "as is" and "if available" and the Restaurant expressly excludes any warranties, conditions, representations or other terms with respect to the online order or the content or products displayed on it, either expressly or implicitly, unless expressly stated otherwise.
Product images are for presentation only. Ordered products may have differences (e.g. color, shape, etc.) from existing photos on the site. The restaurant is not responsible in any way if the description of the products is not complete.
Delivery orders are also subject to: (i) Your address located in the defined delivery area of the Restaurant; (ii) Online restaurant availability to accept online orders; (iii) Your order may be subject to a minimum order amount;
You can pay for any of the methods listed on our payment screen. Make sure that if your order is placed with a credit or debit card, the card is valid on the date of your order. The restaurant cannot refund orders paid online. Contact us directly to resolve any payment disputes or refund claims.
You may be automatically directed to an online list that refers to your nearby restaurant service location. Please note that prices, minimum spending restrictions, and maximum cash spending restrictions vary from place to place. In addition, if you place an order online, the price charged may be different from the price of the Products if they have been ordered in the store or by phone.
The online order once placed cannot be modified or cancelled either through the website or offline by calling the restaurant. However, if you wish to cancel or complain about your order, please call your local restaurant service location, the details of which will be included in the confirmation email that will be sent to you when placing your order and we can see how we can help you.
We will try to provide you with the ordered products as close as possible to the requested delivery/collection time, but we cannot guarantee delivery time in all cases. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our runners. Delivery service may not be temporarily available in selected areas due to bad weather or unforeseen circumstances.
The Customer agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen to have the Products delivered, the Restaurant will deliver the order to the main entrance of the delivery address, but any delivery brought to the delivery address will only be made if the driver and you authorize it. If you are not present to receive the products at the address indicated in your order, we will not refund the price of your order and we will charge you the full amount of your order.
The risk in the Products will pass to the Customer upon delivery. Any software/software service is used and/or downloaded at your own risk. If you have any questions about the suitability of the service/software to be used and/or downloaded for your computer, it is recommended that you get specialized advice before using it and/or downloading it.
You are responsible for maintaining the confidentiality of your personal data, password and payment details. You agree to accept full responsibility for all your activities in connection with the online order (request).
You may not assign, sublicense or transfer any of your rights under these terms and conditions. In the event that any provision of this Agreement is and/or is void, illegal, invalid or unenforceable, it will not affect the validity or enforceability of the other contractual clauses, which shall remain in effect and produce legal effects as if the Void, Illegal, Invalid or Unenforceable Clause was not part of this Agreement.
These Terms and Conditions do not affect your legal rights.
The restaurant's trademarks, as well as the related trademarks of others and the related proprietary property are protected against copying and simulation under national and international laws and must not be reproduced or copied without the express written permission of the restaurant.
To the fullest extent permitted by law, the Restaurant excludes all liability arising from its supply of the Products and, in particular, shall not be liable for any loss or damage, arising directly or indirectly from or in connection with a delay beyond the estimated delivery or time of collection; any circumstance over which the Restaurant had no control over the consequences and which the Restaurant could not avoid by exercising reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others. In any case, the responsibility of the restaurant to the customer will not exceed the total price charged for the relevant products and /or services.
These terms and conditions shall be governed by and construed in accordance with the laws of the country in which the restaurant is headquartered and the restaurant and any dispute arising out of or in connection with them shall be resolved by the competent courts from the venue of the Restaurant, excluding the possibility of reference to conflicts of laws.