In relation to accessing, browsing and contracting the products offered on the websitewww.blauver.com
(hereinafter “Website”), owned by Blauver Foods, S.L., it is a necessary condition to read and accept its “Legal Texts” (that is, the Legal Notice, the Privacy Policy, the Cookies Policy, and these General conditions).
Access and navigation through the Website attributes the condition of “User”, and implies full acceptance of all the provisions included in the Legal Texts in the version published at the time the User access the Website. In any case, Blauver Foods SL reserves the right to modify these General Conditions at any time, announcing them on the Website in a timely manner in accordance with the provisions of the Legal Notice.
In accordance with the provisions of current regulations, these General Conditions will always be available on the Website in Spanish, so that they can be consulted, archived or printed at any time. Blauver Foods, S.L., recommends that its Users carefully read these General Conditions before contracting and before accepting them.
1. PURPOSE, DURATION AND SCOPE OF APPLICATION
Blauver Foods SL makes the Website available to Internet users so that they can learn about, purchase the products and contract the services of Blauver Foods that provide their services through the Website.
In particular, the purchase of products and provision of services from a specific restaurant through the use of the Website will be understood to have been made with the particular restaurant (that is, with the company behind said restaurant). and not with the rest of the Blauver Foods companies).
The purpose of these General Contracting Conditions is to regulate the terms and conditions under which Blauver Foods products and services are offered and contracted, as well as the conditions applicable to table reservations and home delivery orders. managed by Blauver Foods Restaurants through the Website (hereinafter, the “Service”), with the purpose of offering a simple and comfortable system to the User to carry out such actions.
The duration of the contract is linked to the provision of the Service. The contract for the supply of any of the Services that the User has ordered comes into force upon receipt of the purchase confirmation and will be maintained until all the obligations defined therein have been fully fulfilled.
The territorial scope of application of these General Contracting Conditions will be the Iberian Peninsula and the Balearic Islands. The Canary Islands, Ceuta and Melilla are excluded.
2. REGISTRATION CONDITIONS (User Account)
To process orders and contract subscriptions, the User must register on the Website to create a personal account or user profile. To do this, the personal data and information required must be provided in the corresponding form, or accessed through a social network account (e.g. Google or Facebook account) and creating an access password. The User's personal information will be processed by the different Blauver Foods companies, taking into account their respective objectives and activities as indicated in the Privacy Policy.
The User may modify their data or delete their personal account at any time by accessing their own user profile through the Website.
The access credentials (username and password) are personal and non-transferable, and it is the User's obligation to ensure their custody, good use and integrity. Likewise, the User will notify Blauver Foods, S.L. of any incident, password theft or illegitimate access to their personal account as soon as possible. In the absence of communication of such circumstances, the User is solely responsible for the choice, loss, theft or unauthorized use of any password or identification code and for the consequences that may arise from this. Blauver Foods SL reserves the right to cancel the username and password, and therefore access to the personal account of the Website, of those Users who maintain debit or unpaid balances or use the Website contrary to its Legal Texts. (Legal notice, Privacy Policy, General Contract Conditions and Cookies Policy).
Exclusions:
Only registered users of legal age (18 years) may contract through the Website. The User who uses the Website guarantees that he or she is at least said age, as well as the veracity of all the registration data provided through the Website. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damage caused to Blauver Foods SL or third parties due to the information provided or the actions carried out on the Website. Likewise, the resale of products purchased through the Website to third parties is strictly prohibited.
3.AVAILABILITY OF THE SERVICE
Access to the Website is available every day of the year. Table reservations can be made at Blauver Foods Restaurants, as well as subscriptions or orders for products from the online store through the Website at any time.
However, the provision of home delivery services that must be carried out by one or more of the Blauver Foods Restaurants, contracted through the Website, will be subject to their opening hours (of 10:00 a.m. to 11:00 p.m.). Likewise, for some of our products, the home delivery service provided by Blauver Foods Restaurants may be subject to special hours indicated in each case on the Website during the purchase procedure.
If the User tries to place a home order outside the delivery area or opening hours of Blauver Foods stores, or if the Website is not available for any reason, we will notify you that The order will not be possible before confirmation. These limitations or restrictions will be promptly communicated to the User in each specific case.
4.LANGUAGE
The language in which the contract between Blauver Foods, S.L. and the User is Catalan, being able to choose Spanish if the User considers it.
5.TECHNICAL MEANS TO RESOLVE ERRORS
If the User makes an error when sending the data, they may modify it by accessing their personal account through the Website at any time. If it is an error that occurs during the contracting process, it can be corrected at any time before completing the purchasing process.
6.PRICES
The prices applicable to each product are indicated on the Website, including VAT (Value Added Tax), but excluding shipping costs, which will be added to the total amount due. In any case, the corresponding shipping costs are always indicated in the order before its completion, and the User must accept them in advance.
Blauver Foods SL reserves the right to change the price of its products, as well as the surcharges applied for shipping costs, as published at any time on the Website and those that are available on the Website at the time of order confirmation by the User. No changes will affect existing confirmed orders unless there is an obvious pricing error.
The current shipping costs are set at €4.50 for orders that do not exceed €49 with shipping in the Catalonia area. From €5.50 for an order in the Iberian area excluding Catalonia. Orders over €45 get free shipping.
Offers will be duly marked and identified as such, conveniently indicating the previous price and the offer price. Unless the terms of the offer establish a fixed or minimum period during which an offer will be available, it may be withdrawn at any time, unless the User has already placed an order based on the offer and received confirmation notice. .
The Website contains a large number of products and it is likely that, despite the best efforts of Blauver Foods SL to ensure that all prices appearing on the Website are correct, errors may occur. . For these purposes, if there is an obvious error in the price, Blauver Foods SL will notify it as soon as possible and the User will have the option to confirm the order at the original price or cancel it free of charge and with a full refund of any amount already paid.
7.PAYMENT METHOD
The User may make payment with credit or debit cards. Payment will be made through a Virtual POS, once all credit card information is entered and once included, click on the “PAY” button. In the case of subscriptions, the amount will be charged to the credit or debit card each month.
8.ORDER PROCESSING
Purchase of Blauver Foods products in the online store of the Website:
To purchase products offered in the online store of the Website, the User must register on our Website to create their personal User account in accordance with clause 3 of these Conditions. In this sense, you may enter an address for billing purposes other than the one entered in the previous step. Prior to completing the purchase, the User will be informed about the exact amount of each order, including the associated shipping costs and taxes applicable to each of them.
The acquisition of the products must be made by activating the “PAY” button that appears at the footer of the purchase request, and prior to express and total acceptance of these General Conditions of Contracting prior to the acquisition of the products, without the application of any new developments that may occur in the clauses of the General Conditions subsequently.
Within the User's personal account, in the “My orders” section, the User may consult the orders placed since the creation of the account.
9. ACCEPTANCE AND CONFIRMATION TEST
As indicated in section 8 above, the acquisition of the products must be made by activating the “PAY” button that appears at the footer of the purchase request, and prior to express and total acceptance of these Conditions. General Contracting.
From the moment of acceptance, the User acquires the status of client of Blauver Foods SL that is described in these General Contract Conditions. Any product or service offered subsequently by Blauver Foods SL must be the subject of a new contract. If the User wishes to read the General Contract Conditions more carefully, they can print on paper or save the document in electronic format.
Blauver Foods SL will send to the User, once expressly accepted these General Contracting Conditions, justification of the contract made, with all its terms, via email, or certified mail with acknowledgment. receipt within 24 hours of purchase (business days). Blauver Foods SL informs you that it archives the electronic documents in which purchases are formalized. The conclusion of the contract is understood to have occurred at the moment in which the User receives confirmation of the purchase, attaching the legal texts that govern the contract, indicating the origin or not of the right of withdrawal, which will also be sent to the User in confirmation of the purchase a model to be completed for its exercise, in cases where such right of withdrawal is not expressly excluded by Law.
10.SUBSCRIPTION PROGRAM
The User can register for a subscription service through which they receive the selected products monthly without having to contract again. If you want to modify the products you receive or the delivery frequency, you can do so through the “My subscription” section within “My Account” on the Website or directly by phone. In this case the payment data will be stored securely in the payment gateway Redsys, as indicated in the Privacy Policy.
The User may exercise their right of withdrawal during the 14 calendar days following the subscription contract without having to indicate the reason and without incurring any cost. However, if during the contract period and on the day on which the right of withdrawal is exercised, any of the subscribed deliveries have already been completed, taking into account, where appropriate, the perishable nature of the products, only they will be returned in full. the quantities corresponding to pending deliveries.
Once 14 calendar days have expired to exercise the right of withdrawal, the User has the right to cancel the subscription without specifying the reasons. If an order has been served, it will not be part of the cancellation.
The User can cancel their subscription at any time. If the User wishes to cancel their subscription, they can do so by calling our User service number at 634 323 928. There is no cancellation charge and the User will no longer receive the products to which they have subscribed. Please keep in mind that the account can only be canceled by the User who registered with Blauver Foods SL or by a person sufficiently accredited to do so on their behalf.
11. DELIVERY
It is expressly reported that Blauver Foods, S.L., will provide the necessary means, ensuring adequate transportation so that the products arrive at the User's home in perfect condition and with the maximum expiration date offered by the product.
As soon as the order is shipped, a tracking number will be provided to the User by email. The User will also be able to find order details and tracking information in the “Order History” tab within the “My Account” section > “Order details”. Your order will be delivered on the delivery date established in the confirmation receipt, except holidays. Deliveries are sent to the delivery address indicated by the User.
In the case of subscriptions, the delivery and frequency must be set by the User. Home delivery orders from Blauver Foods Restaurants are subject to the restaurant's opening hours, and will be attended to, prepared and delivered at the time of order, unless otherwise indicated by the User.
Delivery for all orders of Blauver Foods manufactured products offered in the online store, except subscriptions, will be, as a general rule, two days from placing the order or later if the User so requests. Except in the case of fresh spirulina, which is harvested the next day after receiving the order (less than 7 calendar days). Deliveries for orders of products offered in the online store and subscriptions are made from Monday to Friday on business days. Therefore, orders are not delivered on weekends or holidays. The delivery time in Spain (Peninsula) for orders is 1-2 business days from when the User places the order, as long as they do so before 10:00 a.m. from Monday to Friday (working days).
Blauver Foods SL reserves the right to advance the cut-off time of operations. At the time of delivery, the User must sign the order delivery note confirming the order has been delivered and accepted. Excluded from the above are home delivery orders placed by Users at Blauver Foods Restaurants, subject to the restaurants' opening hours.
Blauver Foods SL will not assume any responsibility for delays in the delivery of orders when this delay is the sole fault of the buyer. In general terms, and in accordance with what is established by current regulations, Blauver Foods SL will not be responsible for damages caused to the User caused by its exclusive fault or that of people who have to respond civilly.
Note1: Blauver Foods SL only ships to the Iberian Peninsula. Shipments to the Balearic Islands, Canary Islands, Ceuta and Melilla are therefore excluded.
Note2: Blauver Foods SL is not obliged to know municipal holidays. The User is responsible for communicating this to take it into account in the delivery schedule.
Note3: Blauver Foods SL is not obliged to indicate a delivery time slot.
2. CANCELLATION OR WITHDRAWAL OF ORDER
12.1 CANCELLATION OF ORDER
Blauver Foods SL does not guarantee the User the possibility of canceling their order before the order has been made available to the carrier for shipping or has been managed by the logistics department.
Home delivery orders made to Blauver Foods, cannot be canceled once confirmed.
12.2 EXERCISE OF THE RIGHT OF WITHDRAWAL
In general, Users of the Website may exercise their right of withdrawal during 14 calendar days after contracting, such as the sale of books, unless any of the legally established exceptions apply.
It is expressly reported that, due to the special characteristics of some products offered on the Website (food products), insofar as they are fresh perishable products that may deteriorate or expire quickly from their production, the Purchases made will not be subject to the right of withdrawal, in accordance with the provisions of article 103, section “d)”, of Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the Law. General for the Defense of Consumers and Users.
13.USER RESPONSIBILITIES
The User undertakes to make lawful use of the Services, without contravening current legislation, or harming the rights and interests of third parties. The User guarantees the veracity and accuracy of the data provided when completing the contracting forms, avoiding causing damage to Blauver Foods, S.L., as a result of their incorrectness. Failure to comply with the General Contracting Conditions may give rise to the withdrawal or cancellation of the Services by Blauver Foods SL without prior notice to the User and without giving the right to any compensation.
14.NOTIFICATIONS AND CLAIMS
Notifications, suggestions, claims, incidents, or complaints about the purchase made, the delivery of the product, the status of the product or the delivery of unsolicited products must be communicated:
Through the contact section of the Website,
Via email address: info@ blauver.com, or
By calling the phone number +34 634 323 928 from Monday to Friday from 10 a.m. to 6 p.m.
All of this so that we can proceed to resolve the incident as soon as possible, especially when the products have not been delivered or are in poor condition, all of this without prejudice to what is established below regarding the resolution of online conflicts by electronic contracting.
15. MODIFICATION OF THE GENERAL CONTRACTING CONDITIONS
These General Conditions will be in force for as long as they are displayed on the Blauver Foods, S.L. Website, so that, as soon as they are modified or updated in whole or in part, these conditions will cease to be in force, and the new General Conditions will be the that come to regulate the use of the Website.
Blauver Foods, S.L., reserves the right to review, modify or update these General Conditions at any time.
In any case, any modification, revision or update of these General Conditions will not affect orders placed prior to the date of publication on the Website of the new General Conditions, which will be governed by the version of the General Conditions in force at the time of acceptance by the User, unless by Law or decision of the competent authorities Blauver Foods SL must make modifications retroactively, in which case, the possible changes will also affect the orders that the User had previously carried out.
If the User does not agree with any of the clauses of these General Conditions, the User must notify Blauver Foods, S.L., prior to acceptance, by email to the direction info
@ blauver.com . If the modifications proposed by the User are accepted by Blauver Foods SL, Blauver Foods SL will electronically send the User Specific Contract Conditions that include the changes that Blauver Foods, S.L. would have considered appropriate to accept, if any.
16. APPLICABLE LAW AND JURISDICTION
In the event that any conflict or discrepancy arises in the interpretation or application of these General Conditions and, where appropriate, the Courts and Tribunals that, where appropriate, will hear the matter, will be those established by the applicable legal regulations on the matter. of competent jurisdiction, in which, in the case of final consumers, the place where they have their habitual residence is served. All of this without prejudice to the User's right to go to the Consumer Arbitration Board in their area. In the event that the user is a company acting in the exercise of its commercial or professional activity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Lleida, Spain.
Dispute resolution:
Without prejudice to the above, the European Commission provides a free access platform for the extrajudicial resolution of online conflicts by electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between both parties.
• Link to the claim form:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
• Link to the search engine for conflict resolution organizations:
https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
MISCELLANY
These General Conditions have been signed electronically. Blauver Foods, S.L., will send an additional copy of these Conditions to the electronic address that the User has indicated on the Website, upon written request from the latter. In any case, the General Contract Conditions will be available to the User on the Website and/or in their User Account.
The modifications that Blauver Foods, S.L. may include in the General Contract Conditions will not affect under any circumstances the Conditions previously signed with the User. In any case, the User, in subsequent orders, must know the General Conditions that are in force at all times, and must follow the stipulated procedure for placing orders.
Blauver Foods SL guarantees the User the quality of the service contracted through the Website. All the rights that the Laws in force grant to consumers and users are guaranteed. Failure to comply with the General Contract Conditions may result in the return of the products or the cancellation of the Services purchased by the User.
The User authorizes Blauver Foods, S.L., through these General Conditions, to assign at any time to a Third Party, the credit right held against it.
These General Contract Conditions are binding for both the User and Blauver Foods SL. However, Blauver Foods SL may transmit, assign, encumber, subcontract or otherwise transfer the General Contract Conditions or any of the rights or obligations derived from them, at any time during the validity of the General Contract Conditions. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, where appropriate, the User has as a consumer recognized by Law, they will not cancel, reduce or limit in any other way the guarantees, both express and tacit, that Blauver Foods SL could not have granted or granted what the laws in force grant to consumers and users.
Any correspondence sent by mail, with the exception of the invoice, will be sent by certified letter or any other method reasonably valid for this purpose, and will be considered delivered after a period of seven (7) days from the date of issue.
The applicable regulations require that part of the information or communications that Blauver Foods SL sends to the User be in writing. By using this Website, the User accepts that most of said communications with Blauver Foods SL are electronic. Blauver Foods SL will contact the User by email or provide information by posting notices on the Website. For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Blauver Foods, S.L., sends them electronically comply with the legal requirements of being made in writing. This condition will not affect the rights recognized by the User by Law.
In any case, and given that these General Conditions are subscribed electronically, the User has perfect access to the Blauver Foods, S.L. Website, and can also access their own User Account for consultation.
Prior to the formalization of these General Conditions and after them, the rights and obligations of the Parties will be regulated by Spanish legislation, relating to remote contracting, also including the Spanish Civil Code and the regulations regarding protection of consumer rights.
By formalizing these General Conditions, the Parties consider themselves duly informed of their rights and obligations, and therefore freely give their consent to them.
If any clause or provision of these General Contracting Conditions is declared null and void by a firm resolution of a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
These General Contracting Conditions and any document expressly referred to therein constitute the entire agreement between the User and Blauver Foods SL in relation to the contracting object.