En relación al acceso, navegación y contratación de los productos ofertados en el sitio web www.web.blauver.com (en adelante “Sitio Web”), titularidad de Blauver Foods , S.L., es condición necesaria la lectura y aceptación de sus “Textos legales” (esto es, el Aviso legal, la Política de Privacidad, la Política de Cookies, y las presentes Condiciones Generales).
El acceso y navegación a través del Sitio Web atribuye la condición de “Usuario”, e implica la plena aceptación de todas las disposiciones incluidas en los Textos legales en la versión publicada en el momento en que el Usuario accede al Sitio Web. En todo caso, Blauver Foods SL se reserva el derecho a modificar estas Condiciones Generales en cualquier momento, anunciándolas en el Sitio Web en tiempo y forma oportuno de acuerdo con lo establecido en el Aviso legal.
De acuerdo con lo establecido en la normativa vigente, las presentes Condiciones Generales estarán siempre disponibles en el Sitio Web en español, para que puedan ser consultadas, archivadas o impresas en cualquier momento. Blauver Foods , S.L., recomienda a sus Usuarios que lean detenidamente las presentes Condiciones Generales antes de contratar y antes de aceptar las mismas.
1. PURPOSE, DURATION AND SCOPE OF APPLICATION
Blauver Foods SL makes the Website available to Internet users so that they can learn about, purchase products and hire the services of Blauver Foods that provide their services through the Website.
In particular, the purchase of products and provision of services of a particular restaurant through the use of the Website shall be deemed to be made with the particular restaurant (i.e. with the company behind that restaurant and not with the rest of the Blauver Foods companies).
The purpose of these General Terms and 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 orders managed by Blauver Foods Restaurants through the Website (hereinafter the “Service”), in order to provide a simple and convenient system for the User to perform 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 confirmation of purchase and will remain in force until all obligations defined therein have been fully met.
The territorial scope of application of these General Conditions of Contract will be the Iberian Peninsula and the Balearic Islands. The Canary Islands, Ceuta and Melilla are excluded.
2.REGISTRATION CONDITIONS (User Account)
For the processing of orders and subscriptions, it is necessary for the User to register on the Website to create a personal account or user profile. To do this, they will have to provide personal data and information required in the corresponding form, or access through an account on social networks (e.g. Google or Facebook account) and creating an access password. The User’s personal information will be processed by the various Blauver Foods companies, according to their respective objectives and activities as indicated in the Privacy Policy.
The User may modify his or her data or delete his or her personal account at any time by accessing his or her own user profile through the Website.
The access credentials (username and password) are personal and non-transferable, being the obligation of the User to ensure their custody, proper use and integrity. Also, the User will communicate to Blauver Foods, S.L., any incident, password theft or illegitimate access to your 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 the consequences that may arise therefrom. 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 balances or unpaid or make a use of the Website contrary to its Legal Texts (Legal Notice, Privacy Policy, General Conditions of Contract and Cookies Policy).
Exclusions:
Only registered Users of legal age (18 years old) may contract through the Website. The User who makes use of the Website guarantees that he/she is at least 18 years of age, as well as the veracity of all registration data provided through the Website. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damages caused to Blauver Foods SL or third parties for the information provided or actions taken on the Website. Also, the resale to third parties of products purchased through the Website is strictly prohibited.
SERVICE AVAILABILITY
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 of products from the online store through the Website at any time.
However, the provision of home delivery services to be carried out by one or more of the Blauver Foods Restaurants, contracted through the Website, will be subject to the opening hours of these (from 10:00 to 23:00 hours). Also, for some of our products the home delivery service of some provided by Blauver Foods Restaurants, may be subject to special schedules indicated in each case on the Website during the purchase procedure.
If the User attempts to place a home delivery order outside the delivery area or the opening hours of Blauver Foods stores, or if the Website is unavailable for any reason, we will notify the User that the order will not be possible prior to confirmation. These limitations or restrictions will be duly communicated to the User on a case-by-case basis.
LANGUAGE
The language in which the contract between Blauver Foods, S.L. and the User will be perfected is Catalan, being able to choose Spanish if the User considers it.
5.TECHNICAL MEANS TO CORRECT ERRORS
In the event that the User makes a mistake when sending the data may modify them by accessing your personal account through the Website at any time. In the event that it is an error that occurs during the recruitment process may be corrected at any time before completing the purchase process.
6.PRICES
The prices applicable to each product are those indicated on the Website, all of them 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 the completion of the order, and the User must accept them beforehand.
Blauver Foods SL reserves the right to change the price of its products, as well as the surcharges applied for shipping costs, as published from time to time on the Website and will apply those that are available on the Website at the time of order confirmation by the User. No change will affect existing confirmed orders, unless there is an obvious pricing error.
The current shipping costs are set at 6 € for orders not exceeding 60 € with shipping in the area of Catalonia and Spain. Orders over 60€ get free shipping.
The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer. Unless the terms of the offer establish a fixed or minimum period during which an offer will be available, the offer may be withdrawn at any time, unless the User has already placed an order based on the offer and received the 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 listed 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 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.FORM OF PAYMENT
The User will be able to make the payment with credit or debit cards. The payment will be made through a Virtual POS, once all the credit card information is entered and once it is included, click on the “PAY” button. In the case of subscriptions, the amount will be charged to the credit or debit card every month.
8.ORDER PROCESSING
Purchase of Blauver Foods products in the online store of the Website:
For the purchase of products offered in the online store of the Website, the User must register on our Website for the creation of his personal User account in accordance with clause 3 of these Conditions. In this regard, you may enter an address for billing purposes other than the one entered in the previous step. Prior to the completion of the purchase, the User will be informed of the exact amount of each of the orders, including the associated shipping costs and taxes applicable to each of them.
The purchase of the products must be made through the activation of the “PAY” button that appears at the bottom of the purchase request, and after the express and total acceptance of these General Terms and Conditions prior to the purchase of the products, without the application of any changes that may occur in the clauses of the General Terms and Conditions at a later date.
Within the User’s personal account, in the “My orders” section, the User may consult the orders placed since the creation of the account.
ACCEPTANCE AND CONFIRMATION TEST
As indicated in section 8 above, the purchase of the products must be made through the activation of the “PAY” button that appears at the bottom of the purchase request, and after the express and full acceptance of these General Terms and Conditions.
From the moment of acceptance, the User acquires the status of customer of Blauver Foods SL described in these General Terms and Conditions. Any product or service subsequently offered by Blauver Foods SL must be the subject of a new contract. If the User wishes to read more carefully the General Terms and Conditions, you can print on paper or save the document in electronic format.
Blauver Foods SL will send to the User, once expressly accepted these General Conditions of Contract, justification of the contracting made, with all its terms, via email, or registered mail with return receipt within 24 hours of purchase (working days). Blauver Foods SL informs you that archives electronic documents in which purchases are formalized. The conclusion of the contract is deemed produced at the time the User receives confirmation of purchase, enclosing the legal texts governing the contract, indicating the origin or not of the right of withdrawal, on which the User will also be sent in the confirmation of purchase a model to complete for its exercise, in cases where such right of withdrawal is not expressly excluded by law.
10.SUBSCRIPTION PROGRAM
The User can register a subscription service by which he/she receives the selected products on a monthly basis without the need to contract again. In case you want to change the products you receive or the frequency of delivery, 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 Redsys payment gateway, as indicated in the Privacy Policy.
The User may exercise his right of withdrawal during the 14 calendar days following the subscription contracting without having to indicate the reason and without incurring any cost. However, if during the contracting period and the day on which the right of withdrawal is exercised, any of the subscribed deliveries have already been fulfilled, taking into account, where appropriate, the perishable nature of the products, only the amounts corresponding to the outstanding deliveries will be refunded in full.
Once the 14 calendar days to exercise the right of withdrawal have expired, the User has the right to cancel the subscription without specifying the reasons. If an order has been served, this will not be part of the cancellation.
The User may cancel his subscription at any time. If the User wishes to cancel his/her subscription, he/she may do so by calling our customer service number at 634 323 928. There is no cancellation fee and the User will no longer receive the products to which he/she was subscribed. Please note that the account can only be cancelled 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 informed 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 shelf life offered by the product.
As soon as the order is shipped, the User will be provided with a tracking number by email. The User will also be able to find order details and order tracking information in the “Order History” tab within the “My Account” section > “Order Detail”. Your order will be delivered on the delivery date stated on the confirmation voucher except for holidays. Deliveries are sent to the delivery address indicated by the User.
In the case of subscriptions, the delivery and periodicity must be set by the User. Home orders to Blauver Foods Restaurants are subject to the opening hours of the restaurant, and will be served, prepared and delivered at the time of your order, unless otherwise indicated by the User.
Delivery for all orders of Blauver Foods products offered in the online store, except subscriptions, will be as a general rule, two days from the order placement or later if requested by the User. Except in the case of fresh spirulina, which is made the next day of collection 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 working days. Therefore, orders are not delivered on weekends or holidays. The delivery time in Spain (Peninsula) for orders is 1-2 working days from the time the User places the order, provided that it is placed before 12:00 noon from Monday to Friday (working days).
Blauver Foods SL reserves the right to bring forward the cut-off time of operations. At the time of delivery, the User must sign the delivery note of the order as the order has been delivered and accepted. Excluded from the above are home delivery orders placed by Users to Blauver Foods Restaurants, subject to the opening hours of the restaurants.
Blauver Foods SL will not assume any liability for delay in delivery of orders when this delay is the sole fault of the buyer. In general terms, and in accordance with the provisions of current regulations, Blauver Foods SL shall not be liable for damages caused to the User caused by its sole fault or that of the persons who have to respond civilly.
Note1: Blauver Foods SL only delivers 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 the municipal holidays. It is the User’s responsibility to communicate them in order to take them into account in the delivery schedule.
Note3: Blauver Foods SL is not required to indicate a delivery time slot.
12. ORDER CANCELLATION
Blauver Foods SL does not guarantee the User the possibility to cancel his order before the order has been made available to the carrier for shipment or has been handled by the logistics department.
Home delivery orders placed with Blauver Foods cannot be cancelled once confirmed.
12.2 EXERCISE OF THE RIGHT OF WITHDRAWAL
In general, Users of the Website may exercise their right of withdrawal during the 14 calendar days following the contracting, such as the sale of books, unless any of the legally established exceptions apply.
It is expressly informed that, due to the special characteristics of some products offered on the Website (food products), as they are perishable fresh products susceptible to deteriorate or expire quickly since their preparation, purchases made will not be subject to the right of withdrawal, in accordance with the provisions of Article 103, paragraph “d)” of Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users.
13.USER RESPONSIBILITIES
The User agrees to make lawful use of the Services, without contravening current legislation, or harm the rights and interests of others. The User guarantees the truthfulness and accuracy of the data provided when completing the contracting forms, avoiding causing damage to Blauver Foods, S.L., product of the incorrectness of them. Failure to comply with the General Conditions of Contract may result in the withdrawal or cancellation of the Services by Blauver Foods SL without notice to the User and without entitlement to any compensation.
14.NOTIFICATIONS AND COMPLAINTS
Notifications, suggestions, claims, incidents or complaints about the purchase made, the delivery of the product, the condition of the product or the delivery of products not requested must be communicated:
- Through the contact section of the Web Site,
- A través de la dirección de correo electrónico: info@ web.blauver.com, o
- By calling +34 634 323 928 from Monday to Friday from 10h to 18h.
All 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 without prejudice to the provisions below regarding the resolution of online disputes by electronic contracting.
15.MODIFICATION OF THE GENERAL CONTRACTING CONDITIONS
Las presentes Condiciones Generales estarán vigentes durante el tiempo que estén expuestas en el Sitio Web de Blauver Foods, S.L., de manera que, en cuanto sean modificadas o actualizadas total o parcialmente, las presentes condiciones dejarán de estar vigentes, siendo las nuevas Condiciones Generales las que pasen a regular el uso del Sitio Web.
Blauver Foods, S.L., se reserva la facultad de revisar, modificar o actualizar en cualquier momento las presentes Condiciones Generales.
En todo caso, cualquier modificación, revisión o actualización de las presentes Condiciones Generales no afectará a los pedidos realizados con anterioridad a la fecha de publicación en el Sitio Web de las nuevas Condiciones Generales, que se regirán por la versión de las Condiciones Generales vigente en el momento de su aceptación por el Usuario, salvo que por Ley o decisión de las autoridades competentes Blauver Foods SL deba efectuar modificaciones con carácter retroactivo, en cuyo caso, los posibles cambios también afectarán a los pedidos que el Usuario hubiera efectuado previamente.
En caso de no estar de acuerdo el Usuario con alguna/s de las cláusulas de las Presentes Condiciones Generales, el Usuario deberá comunicarlo a Blauver Foods, S.L., con anterioridad a su aceptación, mediante correo electrónico a la dirección info@web.blauver.com . En caso de ser aceptadas por Blauver Foods SL las modificaciones propuestas por el Usuario, Blauver Foods SL enviará electrónicamente al Usuario unas Condiciones Particulares de Contratación que incluyan los cambios que Blauver Foods, S.L., hubiera considerado oportuno aceptar, si los hubiere.
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 provided for in the applicable legal regulations regarding competent jurisdiction, in which, in the case of end consumers, the place in which they have their habitual residence is taken into account. All this without prejudice to the User’s right to go to the Consumer Arbitration Board of its demarcation. 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 foregoing, the European Commission provides a free access platform for the out-of-court resolution of online disputes through electronic contracting(http://ec.europa.eu/consumers/odr/) to which the parties may voluntarily submit, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between the two parties.
– Link to the complaint form: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
– Link to the search engine for dispute resolution bodies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
- MISCELLANEOUS
- The present General Conditions have been subscribed electronically. Blauver Foods, S.L. will send an additional copy of these Terms and Conditions to the e-mail address indicated by the User on the Website, upon written request by the User. In any case, the General Terms and Conditions will be available to the User on the Website and/or in his User Account.
- The modifications that Blauver Foods, S.L., may include in the General Conditions of Contract, will not affect under any circumstances the Conditions previously subscribed with the User. In any case, the User, in subsequent orders, must know the General Conditions that are in force at any time, and must follow the procedure stipulated for placing orders.
- Blauver Foods SL guarantees the User the quality of the service contracted through the Website. All rights granted to consumers and users by the laws in force are guaranteed. Failure to comply with the General Conditions of Contract may result in the return of products or cancellation of the Services purchased by the User.
- The User authorizes Blauver Foods, S.L., by means of the present General Conditions, to assign at any time to a Third Party, the right of credit that it holds against him.
- These General Terms and Conditions are binding on both the User and Blauver Foods SL. However, Blauver Foods SL may transfer, assign, encumber, subcontract or otherwise transfer the General Terms and Conditions or any of the rights or obligations arising therefrom, at any time during the term of the General Terms and Conditions. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers shall not affect the rights that, if any, the User has as a consumer recognized by law and shall not cancel, reduce or limit in any other way the guarantees, whether express or implied, that Blauver Foods SL may have granted or that the laws in force grant to consumers and users.
- Any correspondence sent by mail, with the exception of the invoice, shall be sent by registered letter or any other method reasonably valid for such purpose, and shall be deemed to have been delivered after seven (7) days from the date of issue.
- Applicable regulations require that some of the information or communications that Blauver Foods SL sends to the User be in writing. By using this Website, the User agrees that most of such communications with Blauver Foods SL will be electronic. Blauver Foods S.L. will contact the User by e-mail or provide information by posting notices on the Website. For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Blauver Foods, S.L., sends electronically complies with the legal requirements to be in writing. This condition will not affect the rights recognized to the User by Law.
- In any case, and given that these General Conditions are subscribed telematically, the User has perfect access to the Blauver Foods , S.L. Website, being able to access, in addition, to his own User Account for consultation.
- Prior to the formalization of these General Terms and Conditions and thereafter, the rights and obligations of the Parties shall be governed by the Spanish legislation on distance contracting, including the Spanish Civil Code and the regulations on the protection of consumer rights.
- By formalizing these General Conditions, the Parties are duly informed of their rights and obligations, and therefore freely give their consent to the same.
- If any clause or provision of these General Terms and Conditions is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
- These General Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Blauver Foods SL in relation to the object of the contract.
