GENERAL TERMS AND CONDITIONS
Introduction
This contractual document will govern the General Terms and Conditions for the purchase of goods that may deteriorate or expire quickly (hereinafter, "Conditions") through the website www.chickenpalace.es owned by CHICKEN PALACE IBIZA SL under the trademark CHICKEN PALACE, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website available to the USER to reproduce and store them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
Has read, understands and comprehends what is stated here.
Is a person with sufficient capacity to contract. Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible for and knows the current legislation of the countries to which it sends products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were previously acquired before the modification.
Identity of the contracting parties
On one hand, the PROVIDER of the food contracted by the USER is CHICKEN PALACE IBIZA SL, with registered office at Calle Jose Riquer, Nº7, Bajo 3, 07800 Ibiza (Illes Balears), VAT number B56908486 and with customer service/USER telephone number 971306573.
And on the other hand, the USER, registered on the website using a username and password, for which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the time the latter accepts the corresponding checkbox during the online contracting process.
The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific food product.
Contracting procedure
The USER, in order to access the products offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be processed in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of them or possible access by an unauthorized third party, so that the PROVIDER can proceed with immediate blocking.
Once the user account has been created, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
General terms of contract.
Shipping and delivery of orders.
Right of withdrawal.
Claims and online dispute resolution.
Force majeure.
Competence.
General aspects of the offer.
Price and period of validity of the offer.
Transport costs.
Payment method, expenses and discounts.
Purchase process.
Dissociation and suspension or termination of the contract.
Applicable law and jurisdiction.
1. GENERAL TERMS OF CONTRACT
Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The delivery period will be between 2 and 6 business days, depending on the destination location and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and complete payment of the order has been verified.
In the event that the PROVIDER has not delivered the merchandise after 30 calendar days from the agreed delivery date, due to unavailability of the product or service, the USER will be informed and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without this giving rise to any liability for damages attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim payment of twice the amount owed, without prejudice to their right to be compensated for damages suffered in excess of this amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not completed, if the data provided by the USER is false, inaccurate or incomplete.
Delivery will be considered completed at the time when the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.
It is the USER's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
The foods offered are perishable, that is, they may expire or deteriorate in a short period of time. This type of supply of goods is exempt from return, according to subparagraph d) of Article 103 of Law 3/2014, of March 27.
In any case, the USER is offered the possibility of claiming for possible defects in the order within 24 hours from delivery, both online and offline, and, if considered, making a return.
Any return must be communicated to the PROVIDER, by email to info@chickenpalace.es indicating the corresponding invoice or order number. Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with transport costs at their expense, to the address of CHICKEN PALACE IBIZA SL, Calle Jose Riquer, Nº7, Bajo 3, 07800 Ibiza (Illes Balears).
After analyzing the case, if the PROVIDER considers that the product did not meet the sales conditions, within 48 hours they will inform the USER of the amount and conditions of the refund.
4. CLAIMS
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal: CHICKEN PALACE IBIZA SL, Calle Jose Riquer, Nº7, Bajo 3, 07800 Ibiza (Illes Balears) Telephone: 971306573
E-mail: info@chickenpalace.es
5. FORCE MAJEURE
The parties will not incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the case of force majeure ceases.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions were considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares having read, known and accepted these Conditions in their entirety.
7. GENERAL ASPECTS OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of CHICKEN PALACE IBIZA SL or to what is stipulated herein will have effect, except by express agreement in writing signed by the PROVIDER; in this case, these particular agreements will prevail.
The PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping costs, handling, wrapping, shipping insurance or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, the USER can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.
Once the order has been placed, the prices will be maintained whether or not there is product availability.
Every payment made to the PROVIDER results in the issuance of an invoice in the name of the registered USER or the company name that they have informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you can revoke this decision at any time.
For any information about the order, the USER may contact through the PROVIDER's customer service telephone 971306573 or via email at info@chickenpalace.es.
9. TRANSPORT COSTS
Prices do not include shipping costs or complementary services, unless expressly agreed in writing to the contrary.
The transport costs will be calculated at the time of saving the basket or budget, as they are calculated by the weight of the products and the delivery address.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and enables the following ways to make payment for an order:
Bank transfer
Cash on delivery
Credit card
The USER may use a discount coupon at the time prior to finalizing the purchase if they have received it from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them.
The following activities are prohibited under card brand programs: the sale or offering of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Cardholder or cards.
11. PURCHASE PROCESS
Any product from the catalog can be added to the basket. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
Baskets have no administrative link, it is only a section where a budget can be simulated without any commitment by either party.
From the basket, an order can be placed following these steps for its correct formalization:
Verification of billing data.
Verification of shipping address.
Selection of payment method.
Place the order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order placement, its status and the approximate shipping and/or delivery date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions were considered illegal, void or for any reason unenforceable, this condition will be considered separable and will not affect the validity and enforceability of any of the remaining conditions.
CHICKEN PALACE may, without prior notice, suspend or terminate the USER's access to its e-commerce services, in whole or in part, for any valid reason, including, without limitations, when the USER does not comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When CHICKEN PALACE exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to CHICKEN PALACE.
13. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to courts of justice. For more information, see clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Conditions.