- Holder: EUROPASTRY SA (hereinafter “EUROPASTRY” *)
- CIF: A-58695032
- Registered office: Sant Cugat del Vallés, Pza. Xavier Cugat 2, Building C, Floor 4 in Parc Sant Cugat Nord
- Telephone: (+34) 900 118 888
- E-mail: online@europastry.com
- Registry data: Mercantile Registry of Barcelona, volume 24,789, Sheet B -76,007, entry 15
* EUROPASTRY is currently in charge of the exploitation, management and operation of the websites www.europastry.com (and all subdomains); of its Apps: Europastry, Fripan Catalogue, Frida Catalogue; of its companies: INGAPAN CANARIAS, SLU, with CIF B38402798 and address at Polígono Industrial Llano del Camello P25, 38639, Tenerife. , EUROPASTRY BENELUX, BV, with CIF NL820644043B01 and address Curieweg 4, 3208, KJ Spijkenisse. , EUROPASTRY PORTUGAL, with CIF PT503788465 and address Quinta dos Cónegos Edificio Nevimo, 2580-465 Carregado. ; and its brands: EUROPASTRY, FRIPAN, FRIDA, YAYA MARÍA, FRIART, KOAMA, KENTES, LYKKE, SAINT HONORÉ, SOPHIE, LOVEN, PANBURGER, GRAN RESERVA, SAUDADE, O FORNO GALEGO, PAN CRISTALLINO (CRISTAL BREAD), EUROCLASSIC, KNOTS , LA MASSA NOSTRA, and DOTS.
1. PURPOSE OF THE WWW.EUROPASTRY.COM PORTAL and/or apps
Access to the web and app (websites: https://europastry.com/ and all its subdomains; Apps: Europastry, Fripan Catalogue, Frida Catalogue. Hereinafter, the “Platform”), content and information. Access to this Platform is the exclusive responsibility of the users, and implies accepting and knowing the legal warnings, conditions and terms of use contained therein. The Platform does not guarantee that the articles, products and/or services displayed on the Platform are available, nor that the prices are those in force at the time of consulting the Platform. EUROPASTRY reserves the right to make, at any time, as many changes and modifications as it deems appropriate and necessary for the Platform without the need for prior notice.
2. CONDITIONS OF ACCESS AND USE OF THIS PLATFORM
On our Platform page we provide information on everything that may be of interest to the customer: product promotions and offers, financing and purchasing facilities, opening hours, location of centres, activities in our establishments, product purchases, etc.
2. 1. OBLIGATION TO MAKE CORRECT USE OF THE PLATFORM AND THE CONTENTS.
The User agrees to the correct use of the Platform and utilities that are provided in accordance with the law, this Legal Notice, and the instructions and notices that are communicated to him.
The User agrees to the exclusive use of the Platform, and all its contents, for lawful and non-prohibited purposes, which do not infringe current legislation and/or may be harmful to the legitimate rights of EUROPASTRY and the companies of the «Group» or of any third party, and/or that may cause any damage or harm directly or indirectly.
To this end, the User will refrain from using any of the contents of the Platform for illicit purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties or that, in any way, may damage, disable, overload, deteriorate or prevent the normal use of the Platform, computer equipment or documents, files and all kinds of content stored on any computer equipment (hacking) of the Group, other Users or any Internet user (hardware and software) .
In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
- in any way, is contrary, underestimates or violates the fundamental rights and public freedoms recognized constitutionally, in international treaties and in the rest of the legislation;
- induce, incite or promote criminal, denigratory, defamatory, infamous, violent actions or, in general, contrary to the law, morality and generally accepted good customs or public order;
- induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
- incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order ;
- is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that leads or may lead to error about its object or about the intentions or purposes of the caller;
- is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use made or intended to be made;
- violates the trade secrets of third parties;
- is contrary to the right to honor, personal and family privacy or the image of people;
- in any way, undermines the credit of EUROPASTRY or third parties;
- violates the regulations on secrecy of communications;
- constitutes, where appropriate, illicit, misleading or unfair advertising and, in general, that constitutes unfair competition;
- incorporates viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of EUROPASTRY or third parties or that may damage electronic documents and files stored on said computer equipment ;
- cause by its characteristics (such as format, extension, etc.) difficulties in the normal functioning of the Service;
In accordance with the provisions above, the User agrees to use the content made available to Users on the Platform, understanding by these, without this list being limiting, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, this Legal Notice, other notices, regulations of use and instructions posted on your knowledge, as well as with morality and generally accepted good customs and public order, and, in particular, you agree to refrain from :
- reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless you have the authorization of the owner of the corresponding rights or this is legally permitted;
- delete, manipulate or in any way alter the «copyright» and other identification data of the reservation of rights of EUROPASTRY or companies of the Group or of their owners, of the digital fingerprints or of any other technical means established for their recognition. The User must refrain from obtaining and even trying to obtain the Contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been indicated for this purpose on the Platform where they are located. the Contents or, in general, those that are commonly used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Platform, the Services and/or the Contents.
Specifically, the use of EUROPASTRY’s photographic and audio/video files is subject to the following conditions: Their use for commercial purposes and/or their subsequent distribution is prohibited. The images and audiovisual resources available here are for the exclusive use of the media and for informational purposes only, provided that their origin is cited. Therefore, its use to illustrate activities, products or events of other companies is prohibited. The companies of the EUROPASTRY Group reserve the right to withdraw permission to use any of these images or audio/video files when they deem that they are being used for purposes that harm their interests in any way.
Users and, in general, those people who intend to establish a hyperlink between their website and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions, always with prior authorization:
- the Hyperlink will only allow access to the home-page or start page of the Platform or to the specific point authorized by EUROPASTRY, but may not reproduce them in any way;
- a frame will not be created on the web pages of the Platform;
- No false, inaccurate or incorrect statements or indications will be made about EUROPASTRY, its directors, its employees, the web pages of the site and the Products and/or Services;
- It will not be declared or implied that EUROPASTRY has authorized the Hyperlink or that it has supervised or assumed in any way the services offered or made available to the web page in which the Hyperlink is established;
- With the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established will not contain any brand, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to EUROPASTRY; Y
- The web page on which the Hyperlink is established will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any third party rights.
The establishment of the Hyperlink does not imply in any case the existence of relations between EUROPASTRY and the owner of the web page in which it is established, nor the acceptance and approval by EUROPASTRY of its contents or services.
2.2 INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User undertakes to respect the industrial property rights of EUROPASTRY and the companies of the Group and of any other third party. The use or granting of access to the Platform does not entail the granting of any right over the trademarks, trade names or any other distinctive sign used in it.
The user may download the Platform on their terminal provided it is for private use, without any commercial purpose, so they may not exploit, reproduce, distribute, modify, publicly communicate, transfer, transform or use the content of the Platform for public purposes. or commercial.
Likewise, the Contents are the intellectual property of EUROPASTRY or of the companies belonging to the Group, without being understood to be transferred to the User, by virtue of the provisions of this Legal Notice, none of the exploitation rights or any others that exist or may exist on said Content beyond what is strictly necessary for the correct use of the Platform.
2.3 DURATION OF THE SERVICE
EUROPASTRY does not guarantee the availability and continuity of the operation of the Platform. When this is reasonably possible, EUROPASTRY will give prior notice of interruptions in the operation of the Platform. EUROPASTRY also does not guarantee the usefulness of the Platform for carrying out any specific activity, nor its infallibility.
Access to the EUROPASTRY Platform has an indefinite duration; however, EUROPASTRY reserves the right to suspend without prior notice access to Users who, in its opinion, fail to comply with the rules of use of its Platform and to exercise the appropriate legal measures. In addition, EUROPASTRY reserves the right to restrict access to some sections of the Platform to the general public, limiting it only to specific users or Group of users through the delivery of an access password for which they will be responsible.
2.4 EXCLUSION OF LIABILITY
EUROPASTRY makes every effort to avoid any errors in the contents of the Platform.
EUROPASTRY excludes any liability for damages of any kind eventually arising from:
- The interruption of the operation or the unavailability of access to the Platform.
- Privacy and security in the use of the Platform by the User, and/or unauthorized access by unauthorized third parties.
2.5 PURCHASE CONDITIONS
It will be understood that all purchases of EUROPASTRY products, prior identification and authentication, through the user, have been validly made by the Client and will be binding. Therefore, the User will be solely responsible for any purchase of products made with their username and password.
The completion of the purchase process and its acceptance and payment imply the acceptance without any reservation of these general conditions as well as the particular conditions that may be established.
During the product purchase process, EUROPASTRY will offer you the available delivery options and the date possibilities.
Once the date has been chosen, and the corresponding order confirmation has been received, EUROPASTRY will proceed to manage the order.
Notwithstanding the foregoing, we inform you that the delivery of the products purchased through the Platform is subject to the availability of the shipping service in the corresponding territory. EUROPASTRY has a delivery service only in certain areas of Spain (hereinafter, the “Delivery Areas”). The customer will be informed if a delivery area is available when they register for the first time on the Platform.
EUROPASTRY may not deliver the order in the following situations, provided that it has not been previously informed of this situation by the User:
- When the place of delivery had access through a broken elevator or, if there was no elevator, a spiral staircase that was under construction, or where it was not allowed to use forklifts to transport the order or it was dangerous for the delivery person. .
- When it is difficult to access the place of delivery due to weather conditions or due to traffic reasons as long as the access streets are totally or partially closed.
- When it is not possible to contact the User, or the User requests to leave the order with a concierge or neighbor but there is no written authorization from the User.
- When the User had to wait more than five (5) minutes. If this situation occurs repeatedly, EUROPASTRY may additionally stop serving this User.
- When EUROPASTRY has not been able to collect payment for the order or a new card has not been entered on the Platform before the distribution of orders has begun.
EUROPASTRY undertakes to deliver the products in perfect condition and in accordance with this Contract.
However, EUROPASTRY will not be liable in any case for the delay or impossibility of delivering your order when they are due to a cause that EUROPASTRY could not and/or had no obligation to foresee.
Notwithstanding that you can check through the Platform if the product is available, EUROPASTRY will inform you that there is a possibility that the selected product is not in stock when your order is processed. In these cases, EUROPASTRY may cancel the order in relation to the products that it cannot supply or deliver.
In particular, the situation described above may occur when, despite having products in stock at the time you place an order through the Platform, it is insufficient when it is prepared.
2.5.1 ORDER REQUEST
The products offered by Europastry are detailed in the catalog that you will find in the “Catalogue” section. Europastry will take all necessary and reasonable measures to ensure that all details, descriptions and prices of the products that appear in the online store are correct.
The minimum order must be €15; If the order does not reach €25, an extra charge of €3 will be made. EUROPASTRY reserves the right to lower the amount of this extra charge, or eliminate it, at any time.
Once the products you wish to purchase have been selected, they will be included in “my order”. Once the purchase process is finished, you will be able to access the order summary where you must secure and confirm the order.
When you have confirmed the order, Europastry will send you an email immediately, or within a maximum of 24 hours, confirming receipt of your order in the email that appears in your profile; as well as informing you of the approximate delivery time.
2.5.2 PRICE AND PAYMENT
The prices of the products shown on the Platform do not include VAT and other taxes that may apply, nor the shipping costs of the products that are detailed separately and must be accepted by the client/buyer.
The total payment of the price will be made before the completion of the order and must include the price of the products, the corresponding taxes and shipping costs.
The customer must pay the amount corresponding to their order through the credit or debit card payment systems or their usual conditions.
Europastry guarantees that the online store has the maximum security measures commercially available in the sector. In addition, the payment process for all transactions works on a secure server using the SSL (Secure Socket Layer) protocol.
The order invoice can be requested through the Online Store.
2.5.3 DELIVERY OF ORDERS
EUROPASTRY offers you the delivery service to the address or another place chosen by the same within the Delivery Zones. Likewise, EUROPASTRY may cancel the order of those final recipients that it considers or suspects that they have a commercial purpose or other than those established in this purchase service offered.
The home delivery schedule is from 7:00 a.m. to 10:00 p.m. from Monday to Saturday, subject to geographic availability and special situations. The available days can be consulted in the delivery calendar on the Platform.
The product will be delivered to the postal address provided by the customer. The order placed will be delivered within a maximum period of 8 days from the confirmation of the order.
The order will be delivered, preferably in person, to the indicated address, leaving the entire order in a single point of the address.
If you were not present at the time of delivery, the carrier will try to contact you by telephone. If this is not possible, a notice will be left indicating the EUROPASTRY customer service number so that you can contact us as soon as possible. If it is also not possible to establish contact by this last means, EUROPASTRY will contact you through its available means. Once the aforementioned has been fulfilled and in the absence of a response or information from you, EUROPASTRY may cancel the order.
Whoever receives the order must identify himself and confirm his agreement with the products received, the quantity, quality and state in which they are found.
To this end, you can review the order at the time of receipt in order to show your agreement. If it is not complete or if you want to reject a product, you must notify the delivery person while he is at your home.
3. USE OF COOKIES
EUROPASTRY may use cookies to facilitate navigation on its Platform and to know the User’s preferences, allowing their recognition. However, the User may configure his computer to accept or not the cookies he receives in accordance with the instructions contained in our Cookies Policy.
4. COMMERCIAL COMMUNICATIONS.
EUROPASTRY is against “SPAM” and thus, in compliance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, it will not send unwanted commercial communications to users who may Provide your data to it and with which there has been no prior commercial relationship, unless the user expressly authorizes it. EUROPASTRY recognizes the great importance that the privacy of the personal information provided by its users has for its clients, in such a way that if any user receives any commercial communication via e-mail without having been requested, please contact us at the following addresses, in order to prevent this situation from happening again: online@europastry.com
5. DISCLAIMER
EUROPASTRY may exercise its rights, in case of breach of these conditions of use, at the time it deems appropriate. The fact of not exercising them at a specific time does not mean that you renounce them.
6. RIGHT OF WITHDRAWAL
The client does not have the right to withdraw from the contract once the order has been expressly confirmed, since they are frozen products that can deteriorate or expire quickly, as provided in article 103.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 and other complementary laws.
Conflict resolution.
For the resolution of conflicts in which EUROPASTRY may be responsible and without prejudice to the Courts, there is an online mechanism for processing claims to which the client can go:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
Jurisdiction.
Spanish regulations and Spanish courts are applicable.
For the resolution of conflicts and/or controversies that have not been assigned a specific forum, the parties will submit to the Courts of Barcelona.