This document sets forth the general conditions regarding the contractual relationship involving the purchase of products available from this website, which is owned and held by CAFÉS CARACAS, S.L.U., (hereinafter, “CAFÉS CARACAS”) with registered offices at C/ Pamplona, 82 CP: 08018 – Barcelona, listed on the Trade Register of Barcelona under Volume 36412, Folio 213, Inscription 13 on Page B14853, with Tax ID: ESB08701567, and the individuals and/or legal entities (hereinafter “CONTRACTING PARTY”) declaring their desire contract said services through a request made over the internet via this website.
The requests for products by the CONTRACTING PARTY constitute the specific conditions to which these general conditions are associated and that the CONTRACTING PARTY must accept online prior to contracting the service. The CONTRACTING PARTY is provided with these conditions through this same website so that they can be read, printed, filed and accepted. These general conditions and the request for specific product made by the CONTRACTING PARTY involve the execution of the service provision contract between CAFÉS CARACAS and the CONTRACTING PARTY, who declares to have read, understood and accepted these conditions. The CONTRACTING PARTY may always consult these general conditions on this website.
ONE. APPLICABLE LAW.-
These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Consumer and User Defence Act and other additional laws, the Data Protection Act 15/1999 of 13 December, the Information Society and e-Commerce Services Act 34/2002 of 11 July.
TWO.- PURPOSE OF THE CONTRACT.-
CAFÉS CARACAS hereby agrees to provide the CONTRACTING PARTY with the product offered via the website in exchange for a certain price.
By purchasing the products available on this website, the CONTRACTING PARTY declares that:
- He/she is of legal age and has sufficient capacity to enter into this contract.
- He/she has read and understood and accepts these General Contractual Conditions
THREE. -AMENDMENT OF THE GENERAL CONDITIONS.-
CAFÉS CARACAS reserves the right to amend these General Conditions at any time without having to previously notify the CONTRACTING PARTY who, on all accounts, is responsible for reviewing them prior to contracting any service available on this website. The General Conditions provided on the website when the CONTRACTING PARTY contracts the corresponding services shall be considered valid and applicable.
FOUR.- RIGHTS AND OBLIGATIONS OF CAFÉS CARACAS.-
4.1. CAFÉS CARACAS responsibility. Under no circumstances shall it be responsible for:
4.1.1. Any errors or delays by the CONTRACTING PARTY in entering data on the booking form or any abnormality that may arise when these incidents are due to problems with the internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency not attributable to the good faith of the company. On all accounts, CAFÉS CARACAS agrees to solve any problems that may arise and to offer all necessary support to the CONTRACTING PARTY to find a rapid and satisfactory solution to the incident.
4.1.2. Any errors or damages produced due to inefficient and negligent use of the service by the CONTRACTING PARTY.
4.1.3. The inoperability or problems with the e-mail address provided by the CONTRACTING PARTY to which order confirmation is to be sent.
4.2 Exclusion to the right to return goods:
Pursuant to the provisions of Art. 103 D of Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Consumer and User Defence Act and other additional laws, the right to return goods is expressly excluded in the cases where the products may be damaged or expire rapidly.
FIVE.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY.-
5.1. Payment.- The CONTRACTING PARTY agrees to pay the total sum of the Product requested in advance, in the following amount and manner:
5.1.1. Amount.- Remuneration for the services effectively requested by the CONTRACTING PARTY shall be that indicated on the website and that provided in the specific request by the CONTRACTING PARTY at all times. These requests shall constitute the specific conditions of the particular order. The prices of the products displayed on the website include VAT, which shall be calculated at the time of placing the order, where applicable.
5.1.2. Methods of payment.- The CONTRACTING PARTY must pay the amount corresponding to his/her order by:
- Credit card: By entering his/her details into the virtual POS terminal on the website. On accepting this method of payment, the CONTRACTING PARTY confirms that he/she is authorised to use the card provided for the purpose and is the holder of the same. Credit card payments are subject to that established in the payment services act 16/2009 of 13th November, particularly with regards to payment orders and conditions for their revocation.
- PayPal: for which the CONTRACTING PARTY declares to have an active account with said payment service provider and to accept the conditions of said service.
SIX.- LIABILITY.-
6.1.- CAFÉS CARACAS shall under no circumstances be liable for:
6.1.1.- Any faults and incidents that may arise in the communications, deletion or incomplete transmissions that mean that the permanent operations of the website services cannot be guaranteed.
6.1.2.- Any type of damage that the CONTRACTING PARTY or third parties may cause to the website.
6.2.- CAFÉS CARACAS reserves the right to discretionally suspend access without prior notification either definitively or temporarily until effective responsibility for the damages that may arise can be ensured.
CAFÉS CARACAS shall also cooperate with and notify the appropriate authorities of these incidents as soon as it has reliable knowledge that the damage caused constitutes some kind of illegal activity..
SEVEN.- COPYRIGHT.-
CAFÉS CARACAS indicates that the contents, programming and design of this website are fully protected by copyright and any reproduction, communication, distribution and transformation of said protected elements is forbidden except where expressly authorised by CAFÉS CARACAS. CAFÉS CARACAS may establish links or hyperlinks to articles or information by third parties, provided the source is quoted. The legitimate owner of the copyright on the information included in this manner may request the elimination of said references at any time.
EIGHT.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
Spanish law governs these general conditions. To determine the location of the contract subject to these General Conditions that established in Article 29 of the Information Society and e-Commerce services act 34/2002 of 11th July shall apply.
NINE.- NULLITY OF CLAUSES.-
Where any clause of these General Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in accordance with the wishes of the parties and the purpose of these conditions.