General terms and conditions

1-OBJECT
These general contracting conditions (hereinafter, the "General Conditions") are intended to regulate the online sale and purchase (hereinafter, the "Service") of restaurant products (hereinafter, "the Products") offered for sale to the public by the company GUITARD, S.L. (hereinafter, "GUITARD") through the website "pizzeriaangelo.restaurant" (hereinafter, the "Platform").

The General Terms and Conditions supplement and elaborate upon, to the extent they do not conflict, the terms and conditions set forth, if applicable, for each of the Products selected and subsequently recalled in each of the electronic purchase orders in respect of each selected Product (hereinafter, the "Purchase Order") executed by users of the Platform (hereinafter, collectively the "Customers", and individually the "Customer"), and the terms and conditions set forth in each of GUITARD's confirmations to each Purchase Order (hereinafter, the "Purchase Confirmation").

We also inform you that, for any questions related to the use of the Platform and/or the services it offers, GUITARD makes available to you the contact email comunicacio@grupokanalla.com and the telephone number +376 770 077.

2- ADHESION TO THE GENERAL TERMS AND CONDITIONS
GUITARD requests Users to carefully read this document, as well as the provisions of the Platform's privacy policy (including the use of cookies detailed in its cookies policy), and the use of the Platform and the services it offers (hereinafter, collectively, the "Terms and Conditions"). In any case, access to the Platform and / or use of the services it offers implies full and unreserved adherence to the Terms and Conditions.

By accessing the Platform, the User declares to have read and understood the provisions of the Terms and Conditions, and agrees to comply with them without reservation.

By registering on the Platform, the User declares to be aware of the Terms and Conditions, accepts them and agrees to be bound by them in the same manner, in general terms, as if he/she had accepted them in handwritten form.

In the event that a potential User does not agree with any of the provisions set forth in the Terms and Conditions, he/she shall not make any use of the Platform or the services it offers.

3- RESERVATION OF THE RIGHT TO MODIFY THE TERMS AND CONDITIONS
GUITARD reserves the right to make, without prior notice, at any time and with immediate effect, such modifications and periodic updates to the Terms and Conditions as it deems appropriate.

Therefore, notwithstanding that GUITARD may inform Users of these changes through, among others, e-mail notifications, Users are advised to periodically review the Terms and Conditions.

4- INTELLECTUAL, INDUSTRIAL PROPERTY AND RELATED RIGHTS
Definition of the term "contents"
When in the Terms and Conditions reference is made to "contents", it refers to all the contents that make up the Platform and the services it offers, including, among others, the source code, design and navigation structure, as well as the distinctive signs, texts, maps, photographs, videos, data, databases and other contents shown on the Platform.

Rights on contents provided by GUITARD
The contents published and provided by GUITARD are subject to copyrights, trademarks, patents, image rights and/or other analogous rights or legal positions whose ownership belongs to GUITARD or to third parties who have granted the corresponding licenses or authorizations.

The use of the Platform and the services it offers does not grant Users ownership or right of use over such content, unless GUITARD or third party owners expressly authorize such use. GUITARD reserves the right to take legal action against Users who infringe such rights.

In the event that any User considers that any of the contents violate his/her own or third parties' rights, he/she may notify GUITARD through the e-mail address indicated in the "Object" section for its assessment.

5- USE OF THE PLATFORM
The User declares to have the necessary legal capacity to be bound by the Terms and Conditions, which he/she declares to understand and accept in its entirety. Minors under 18 years of age may only use the Service under the supervision of their parents or legal guardians, who will be responsible for any fraudulent use of payment methods or non-compliance.

The User agrees to use the Platform and its services in accordance with current legislation, morality, public order and good practices.

The User, by accessing the Platform and enjoying the services it offers, agrees, among other things, to the following:

(a) Use the Web, the Platform and the services it offers in accordance with the Terms and Conditions, current law, morality, public order, good faith and decency.

(b) Not to infringe the property rights, including intellectual and industrial property rights, or other analogous rights or legal positions of economic content belonging to GUITARD, its suppliers or third parties.

(c) Not to deviate or attempt to deviate any functionality of the Website, the Platform or the services it offers from their normal uses as defined in the Terms and Conditions.

(d) Not to disseminate information, data or other content that interferes with, interrupts or diminishes the normal use of the Web, the Platform and/or the services it offers, or interrupts or reduces the normal flow of communications.

(e) Not to place false or fraudulent Purchase Orders. If GUITARD detects that a User is placing fraudulent orders, it reserves the right to inform the relevant authorities and the suppliers of the Products involved, as well as to initiate any legal action it deems appropriate.

In general, Users must use the Platform and its services properly and refrain from illegal activities that may constitute crimes, infringe third party rights or violate applicable regulations.

6- SERVICE OF PURCHASE OF PRODUCTS FROM GUITARD
6.1 Procedure for contracting and formalization of the purchase agreement

In accordance with the legislation in force in Andorra concerning digital contracting and consumer protection, GUITARD informs Users that the formalities for entering into a contract for the purchase and sale of Products are as follows:

(a) The User must select the "Buy" option visible next to the Product he/she wishes to purchase.

(b) If it is the first time the User purchases a Product, he/she must create an account by providing personal data (name, email, password, among others) and accept the Terms and Conditions. Once the account is activated, the User will receive a confirmation email. If the activation is not completed within 3 days, the account will be automatically blocked.

(c) During the process, the User may choose a recurring payment method among those available, which may be subsequently modified. It is the User's responsibility to ensure that the registered card is valid, current and owned by the User.

(d) Before proceeding to payment, the User will see a summary of the order with a breakdown of the price, in accordance with the legislation in force. The availability of the Products is subject to the final suppliers.

(e) After verifying the details of the order, the User must select the options "Pay" and "Authorize Payment".

(f) Payment shall be made exclusively through the means offered by GUITARD, by means of a secure service provided by the PSP "Redsys". GUITARD does not store card data.

(g) Upon completion of payment and receipt of the Purchase Confirmation, the purchase contract shall be deemed to have been executed.

(h) The Customer may receive the order at the specified address or pick it up at GUITARD's premises, as indicated in the Purchase Confirmation.

Due to the nature of the Products, the right of withdrawal shall not be applicable in accordance with the legislation in force in Andorra.

(i) Packaging and shipping costs, as well as applicable taxes, shall be the responsibility of the Customer and shall be clearly indicated on the Platform.

6.2 Communications
Any communication related to a Purchase Order may be made through the means indicated in the "Object" section.

6.3 Complaints
The Customer may submit complaints through the channels indicated or to the Trade and Consumer Unit of the Government of Andorra.

6.4 Liability
GUITARD's liability in connection with any Product purchased shall be limited to the purchase price of the Product, unless otherwise provided by applicable law.

7- NEWSLETTERS
The registered User will be able to manage his subscription to newsletters from his account, being able to register or unsubscribe at any time through the link provided at the bottom of each newsletter.

8- RIGHT OF EXCLUSION
GUITARD reserves the right to deny or suspend, without notice, access to the Platform to Users who violate the Terms and Conditions.

9- ACCOUNT DELETION
Users may request the deletion of their account at any time by the means indicated.

10- RESPONSIBILITY
10.1 Responsibility of Users
The use of the Platform and its services is the sole responsibility of the Users, who must protect their devices and operating systems against possible risks.

10.2 GUITARD's Liability
GUITARD shall not be liable for unavailability of the Platform, inaccuracies in data provided by third parties, or damages resulting from events beyond its control (force majeure).
GUITARD shall not be liable for:

  • The unavailability of the Website, the Platform and/or the services offered due to technical reasons, security, updates, maintenance, server failures, or problems with third party intermediaries or suppliers.

  • The inaccuracy of estimates generated by the Platform based on data provided by third parties, when these are not sufficiently accurate or are not provided with the agreed frequency.

  • Malicious software or other elements beyond its control.

  • Information, data and other content displayed on the Platform and provided by third parties.

  • Loss of information due to theft, loss or failure of the device used by the User to access the Platform.

  • Infringements and/or breaches committed by the User outside the scope of the Website and the Platform.

The Platform may include links or tools that redirect to other websites ("Linked Sites"). The User acknowledges that he/she accesses these sites at his/her own risk and exonerates GUITARD from any liability related to infringements of rights, technical availability, quality, reliability, accuracy of information and other aspects related to the Linked Sites.

In cases of force majeure, GUITARD shall not be liable for damages resulting from a breach of the Terms and Conditions. Force majeure events include, but are not limited to:

  • Incidents in the communications network.

  • Failures in the User's operating systems or hardware.

  • Sectoral or general strikes affecting the delivery of Products.

  • Lockouts, fire or theft at GUITARD's facilities or suppliers.

  • Health emergencies, epidemics or pandemics.

In any event, GUITARD shall not be liable for damages arising from breaches of the Terms and Conditions by Users.

11- ASSIGNMENT OF RIGHTS AND OBLIGATIONS BY GUITARD
The User agrees that GUITARD may assign or transfer, in whole or in part, its rights and obligations related to the operation of the Platform to another entity. In such case, the assignee shall replace GUITARD and GUITARD shall be released from its obligations to the User from the date of the assignment.

12- PARTIAL VOIDANCE
If any provision of the Terms and Conditions is declared void by a final decision of a competent authority, the remaining provisions shall remain in force and shall not be affected by such declaration of invalidity.

13- APPLICABLE LAW AND JURISDICTION
The Terms and Conditions shall be governed by the laws of Andorra.

Users submit to the civil jurisdiction of Andorra, expressly waiving any other jurisdiction that may correspond to them, unless, due to their status as consumers, the applicable legislation provides otherwise.

Last update: October 24, 2021.