Access and navigation through the Website attributes the status of "User", and implies full acceptance of all the provisions included in the Legal Texts in the version published at the time the User accesses the Website. In any case, ORGANA SPIRULINA, SLU reserves the right to modify these General Conditions at any time, announcing them on the Website (www.flaxandkale.com) in a timely and timely manner in accordance with the provisions of the Legal Notice.
According to what is established in 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. ORGANA SPIRULINA, SLU, recommends its Users to carefully read these General Conditions before contracting and before accepting them.
1. PURPOSE, DURATION AND SCOPE OF APPLICATION
ORGANA SPIRULINA, SLU makes the Website available to Internet users so that they can learn about, purchase the products and hire the services of ORGANA SPIRULINA that provide their services through the Website.
In particular, the purchase of the products and the provision of the services of a certain restaurant through the use of the Website, will be understood to be made with the particular restaurant (that is, with the merchant behind said restaurant and not with the rest of the merchants SPIRULINA ORGAN).
These General Conditions of Contract are intended to regulate the terms and conditions in which ORGANA SPIRULINA products and services are offered and contracted, as well as the applicable conditions for table reservations and home orders managed by ORGANA SPIRULINA Restaurants through of the Website (hereinafter, the "Service"), with the aim of offering 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 requested enters into force upon receipt of the purchase confirmation and will remain in effect until all the obligations defined therein have been fulfilled in full.
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)
The User may modify their data or delete their personal account at any time by accessing their own user profile through the Website.
Only registered users over the age of 18 (18 years) may hire through the Website. The User who makes use of the Website guarantees that he has at least that age, as well as the veracity of the set of registration data provided through the Website. In any case, the User will be solely responsible for the false or inaccurate statements he makes and for the damages he causes to ORGANA SPIRULINA, SLU or third parties for the information he provides or the actions he takes on the Website. Likewise, the resale to third parties of the products purchased through the Website is totally prohibited.
3. AVAILABILITY OF THE SERVICE
Access to the Website is available every day of the year. Table reservations can be made in the ORGANA SPIRULINA Restaurants, as well as subscriptions or orders for products from the online store through the Website at any time.
However, the provision of home services that have to be carried out by one or more of the ORGANA SPIRULINA Restaurants, contracted through the Website, will be subject to their opening hours (from 10:00 a.m. to 11:00 p.m. ). Also, for some of our products, the home delivery service provided by ORGANA SPIRULINA Restaurants may be subject to special hours indicated in each case on the Website during the purchase process.
If the User tries to place an order at home outside the delivery area or the opening hours of Las tiendas ORGANA SPIRULINA, or if the Website is not available for any reason, we will notify him that the order will not be possible before confirmation These limitations or restrictions will be promptly communicated to the User in each specific case.
The language in which the contract between ORGANA SPIRULINA, SLU, or, as the case may be, the merchant behind the concrete ORGANA SPIRULINA Restaurant, and the User will be perfected is Catalan, with the possibility of choosing Spanish if the User considers it.
5. TECHNICAL MEANS TO CORRECT ERRORS
In the event that the User makes an error when sending the data, he can modify them by accessing his personal account through the Website at any time. In the event that it is an error that occurs during the contracting process, it can be corrected at any time before finalizing the purchase process.
The prices applicable to each product are those indicated in it site website, including all VAT (Value Added Tax), but shipping costs are excluded, which will be added to the total amount due. In any case, the corresponding shipping costs are always indicated in the order before finalization, and the User must accept them beforehand.
ORGANA SPIRULINA, SLU reserves the right to change the price of its products, as well as the surcharges applied in terms of shipping costs, as published at any time on the Website and those that are available on the Website will apply to moment of confirmation of the order by the User. No change will affect existing confirmed orders, unless there is an obvious pricing error.
Current shipping costs are set at €4.50 for orders that do not exceed €49 with delivery in the Catalonia area. From €5.50 for orders in the Iberian area excluding Catalonia. Orders over €45 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, it can 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 made by ORGANA SPIRULINA, SLU to ensure that all the prices listed on the Website are correct, errors may occur. To this effect, if there was an obvious error in the price, ORGANA SPIRULINA, SLU will notify you 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 can make the payment with credit or debit cards. The payment will be made through a Virtual POS, once all the credit card data is entered and once included, the "PAY" button is clicked. In the case of subscriptions, the amount will be charged to the credit or debit card every month.
8. ORDER PROCESSING
Purchase of ORGANA SPIRULINA 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 to create a personal User account in accordance with clause 3 of the present Conditions. In this sense, you can enter a billing address different from the one entered in the previous step. Prior to the completion of the purchase, the User will be informed about the exact amount of each order, including the associated shipping costs and taxes applicable to each order.
The acquisition of the products must be done through the activation of the "PAGAR" button that appears at the bottom of the purchase request, and prior to the express and total acceptance of these General Conditions of Contract prior to the acquisition of the products, without applying any changes that may occur in the clauses of the General Conditions subsequently.
Within the User's personal account, in the "My orders" section, the User will be able to consult the orders made since the creation of the account.
9. TEST OF ACCEPTANCE AND CONFIRMATION
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 prior to the express and full acceptance of these Conditions General Contracting.
From the moment of acceptance, the User acquires the status of client of ORGANA SPIRULINA, SLU which is described in these General Conditions of Contract. Any product or service offered subsequently by ORGANA SPIRULINA, SLU must be subject to a new contract. If the User wishes to read the General Conditions of Contract more carefully, he can print on paper or save the document in electronic format.
ORGANA SPIRULINA, SLU will send the User, once the present General Conditions of Contract have been expressly accepted, justification of the contract made, with all its terms, via electronic mail, or certified mail with acknowledgment of receipt before they are fulfilled 24 hours after purchase (working days). ORGANA SPIRULINA, SLU informs you that it files the electronic documents in which the purchases are formalized. The conclusion of the contract is understood to have occurred when the User receives the confirmation of the purchase, attaching the legal texts that govern the contract, with indication of the origin or not of the right of withdrawal, which will also be sent to the User in the confirmation of the purchase of 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 will be able to exercise his right of withdrawal during the 14 calendar days following the contracting of the subscription without needing to indicate the reason and without incurring any costs. However, if during the contracting period and on the day on which the right of withdrawal is exercised, any of the subscribed deliveries had already been completed, taking into account, as the case may be, the perishable nature of the products, only a full refund will be made the amounts 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 his subscription at any time. If the User wishes to cancel his subscription, he can do so by calling our Customer Service number at 634 323 928. There is no cancellation charge and the User will no longer receive the products to which he was subscribed. Please note that the account can only be canceled by the User who registered in ORGANA SPIRULINA, SLU or by that person sufficiently accredited to do so on their behalf.
It is expressly informed that ORGANA SPIRULINA, SLU, will take the necessary measures, ensuring adequate transport 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 sent, the User will be provided with a tracking number by email. The User can also find order details and tracking information in the "Order History" tab within the "My Account" > "Order Details" section. Your order will be delivered on the delivery date set out in the confirmation receipt, excluding 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 at the ORGANA SPIRULINA Restaurants are subject to the restaurant's opening hours, and will be served, prepared and delivered at the time of order, unless otherwise indicated by the User.
The delivery for all orders of ORGANA SPIRULINA 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 done the next day of collection after receiving the order (less than 7 natural days). Deliveries for orders of the products offered in the online store and subscriptions are made from Monday to Friday. Therefore, orders are not delivered at the weekend, on public holidays. The delivery time in Spain (Peninsula) for orders is 1-2 working days from the time the User places the order, as long as it is done before 10:00 a.m. from Monday to Friday (working days).
ORGANA SPIRULINA, SLU reserves the right to bring forward the cut-off time of operations. At the time of delivery, the User must sign the order delivery note as the order has been delivered and accepted. The above excludes home delivery orders made by Users at the ORGANA SPIRULINA Restaurants, subject to the opening hours of the restaurants.
ORGANA SPIRULINA, SLU 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 according to what is established by the current regulations, ORGANA SPIRULINA, SLU will not be responsible for the damages and losses caused to the User caused by its exclusive fault or by that of the persons who have to answer civilly.
Note1: ORGANA SPIRULINA, SLU only makes shipments to the Iberian Peninsula. Shipments to the Balearic Islands, Canary Islands, Ceuta and Melilla are therefore excluded.
Note2: ORGANA SPIRULINA, SLU is not obliged to know municipal holidays. The User has the responsibility to communicate it in order to take it into account in the delivery schedule.
Note3: ORGANA SPIRULINA, SLU is not obliged to indicate a delivery time slot.
12. CANCELLATION OR WITHDRAWAL OF ORDER
12.1 CANCELLATION OF ORDER
ORGANA SPIRULINA, SLU does not guarantee the User the possibility of canceling his order before the order has been made available to the carrier for shipment or has been managed by the logistics department.
Home orders made at the ORGANA SPIRULINA restaurant cannot be canceled once confirmed.
12.2 EXERCISE OF THE RIGHT OF WITHDRAWAL
In general, Web Site Users may exercise their right of withdrawal during the 14 calendar days following the contract, 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 long as they are fresh perishable products liable to deteriorate or expire quickly from their preparation, 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 General Law for the Defense of Consumers and Users.
13. RESPONSIBILITIES OF THE USER
The User undertakes to make lawful use of the Services, without contravening current legislation, or injuring the rights and interests of third parties. The User guarantees the veracity and accuracy of the data provided when filling out the contract forms, avoiding damage to ORGANA SPIRULINA, SLU, due to their inaccuracy. Failure to comply with the General Contract Conditions may result in the withdrawal or cancellation of the Services by ORGANA SPIRULINA, SLU without prior notice to the User and without entitling the User 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,
- Through the email address: info @ organaespirulina.com , or
- Calling the phone on +34 634 323 928 from Monday to Friday from 10am to 6pm.
All this so that we proceed to resolve the incident as soon as possible, especially when it comes to the fact that the products have not been delivered or are in bad condition, all this without prejudice to what is established below regarding the resolution of online conflicts by electronic contracting.
15. MODIFICATION OF THE GENERAL CONTRACT CONDITIONS
The present General Conditions will be in force during the time they are exposed on the website of ORGANA SPIRULINA, SLU, so that, as soon as they are modified or updated in whole or in part, the present conditions will cease to be in force, being the new General Conditions that go on to regulate the use of the Website.
ORGANA SPIRULINA, SLU, reserves the right to revise, 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 made 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 in at the moment of its acceptance by the User, except that by Law or decision of the competent authorities ORGANA SPIRULINA, SLU must make retroactive modifications, in which case, the possible changes will also affect the orders that the User had previously made.
In the event that the User does not agree with any of the clauses of the present General Conditions, the User must communicate this to ORGANA SPIRULINA, SLU, prior to its acceptance, by means of electronic mail to the address info @ organaespirulina.com . If the modifications proposed by the User are accepted by ORGANA SPIRULINA, SLU, ORGANA SPIRULINA, SLU will electronically send the User Special Contract Conditions that include the changes that ORGANA SPIRULINA, SLU, 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, as the case may be, the Courts and Tribunals that, as the case may be, will have jurisdiction over the matter, will be those that have the applicable legal regulations on the matter of competent jurisdiction, in which it is served, in the case of final consumers, in the place where they have their usual residence. All this without prejudice to the ability of the User to go to the Consumer Arbitration Board of his demarcation. In the event that the user is a company that acts in the exercise of its commercial or professional activity, both parties submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Lleida, Spain.
Resolution of disputes:
Without prejudice to the above, the European Commission provides a free access platform for the extrajudicial resolution of online disputes through electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit, through the intervention of the so-called Litigation Resolution Organism, 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 bodies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
- These General Conditions have been signed electronically. ORGANA SPIRULINA, SLU, 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 ORGANA SPIRULINA, SLU, may include in the General Conditions of Contract, will not in any way affect the Conditions signed with the User previously. In any case, the User, in subsequent orders, must know the General Conditions that were in force at any given time, and must follow the procedure stipulated to make the orders.
- ORGANA SPIRULINA, SLU 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 ORGANA SPIRULINA, SLU, by means of these General Conditions, to assign at any time to a Third Party, the right of credit that it has against it.
- These General Conditions of Contract are binding both for the User and ORGANA SPIRULINA, SLU However, ORGANA SPIRULINA, SLU may transmit, cede, record, subcontract or in any other way transfer the General Conditions of Contract or any of the rights or obligations derived from the same, at any time during the validity of the General Conditions of Contract. To avoid any doubt, said transmissions, assignments, liens or other transfers will not affect the rights that, in their case, the User has as a consumer recognized by law, they will not cancel, reduce or limit in any other way the guarantees both expressed and tacit, which ORGANA SPIRULINA, SLU would not have been able to grant 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 registered letter or any other reasonably valid method for that purpose, and will be considered delivered within seven (7) days from the date of issue.
- The applicable regulations require that part of the information or communications that ORGANA SPIRULINA, SLU sends to the User be in writing. By using this Website, the User accepts that most of said communications with ORGANA SPIRULINA, SLU are electronic. ORGANA SPIRULINA, SLU will contact the User by email or provide information by posting notices on the Website. For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by ORGANA SPIRULINA, SLU meet the legal requirements to be made in writing. This condition will not affect the rights granted to the User by Law.
- In any case, and given that these General Conditions are subscribed electronically, the User has perfect access to the website of ORGANA SPIRULINA, SLU, being able to also access their own User Account for consultation.
- Prior to the formalization of these General Conditions and subsequent to them, the rights and obligations of the Parties will be governed by Spanish legislation, relating to remote contracting, including the Spanish Civil Code and regulations on protection of consumer rights.
- Through the formalization of these General Conditions, the Parties are duly informed of their rights and obligations, so they freely give their consent to them.
- If any clause or provision of these General Conditions of Contract were 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 Conditions of Contract and any document expressly referred to in them constitute the entire existing agreement between the User and ORGANA SPIRULINA, SLU in relation to the object of the contract.