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Sushi d'Aro – Sushi Restaurant Platja d'Aro

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General conditions

The present General Conditions govern the purchase of goods offered through the website sushidaro.com, the property of SUSHIDARO SL, with TAX id B55222269, with registered address at CARRER JOSEP BAS 21, 17250 PLATJA D'ARO, Girona; e-Mail info@sushidaro.com; hereinafter “THE COMPANY”.

In this document we will refer to the "USER", which is the natural person who purchases the product offered through the website and "THE COMPANY", which we are.

The products are purchased directly to THE employer who acts as a direct seller, therefore the contract of sale of products is carried out between the USER and THE COMPANY.

The USER must read and accept these General Conditions and the information of the products that you want to purchase before your purchase. This acceptance is made expressly by clicking the box "I have read and accept the General terms and Conditions" which will be displayed during the buying process. By doing so the USER confirms that he is of age and have the legal capacity to acquire the products offered by THE COMPANY.

At the time of making the purchase shall be deemed perfected as of right, and since that moment, the price and conditions will be of a contractual nature, so they may only be modified by express agreement of the contracting parties.

The electronic document in which the contract is formalized will be filed by THE COMPANY for a year, allowing the USER to during this period to obtain a copy.

 

1. OBLIGATIONS OF THE USER

The USER agrees to all of the effects to use the website and, if applicable, to purchase the products offered by THE COMPANY in accordance with the law, and the provisions of these General terms and Conditions.

THE COMPANY reserves the right to remove from the site any comments or feedback from USERS that is contrary to the law, especially in cases that violates the rights and freedoms of the people.

 

2. PURCHASE PROCEDURE AND THE FORM OF PAYMENT FOR PRODUCTS

The USER will select in the site, the products you want to buy and the quantity or number of units. The prices indicated on the screen are in Euros and are in force, except typographical error, with an indication of the inclusion or not of applicable taxes.

The USER must fill the form with your data in order to process the order, and you must click on the section "Continue" to proceed to the purchase of products and you will have to expressly accept the present General Conditions. On the following page is displayed to the USER an overview of the products that you want to buy, the price, applicable taxes, shipping expenses, and the anticipated time for delivery, the USER can make the necessary changes before clicking in the "Pay". Once you access the "Pay" the USER must enter the data of the credit card with which you made the payment or your Paypal account, and accept the payment.

THE COMPANY will send to the e-mail USER an email justifying the reception and confirmation of the purchase made, within twenty-four hours (24 hours) of receipt of the execution of the order. The agreement will not be deemed to be perfected until the receipt by the COMPANY of the payment of the price of the products.

If the USER wants an invoice you can get asking for it by e-mail to THE COMPANY.

The USER shall be responsible for the accuracy of the personal data submitted to THE COMPANY, and, in particular, is responsible for the credit card or debit card that you use are of their property and that they have sufficient funds to cover the cost of the products that you want to acquire. THE COMPANY reserves the right to cancel the sale in case of non-payment, return of the collection, card denied or false data, or in case you are not able to verify the data of the card. Also, the USER must notify the COMPANY through THE e-mail, any improper or fraudulent charges on the credit card used to purchase on the web as soon as it has knowledge.

 

3. RIGHT OF WITHDRAWAL

In accordance with articles 102 and following of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws, the USER, who has the status of consumer or user in accordance with the definition laid down in article 3 of the Royal Decree Legislative, may cancel the purchase for any reason, within 14 calendar days from the receipt of the product. However, as set out in the following section called "EXCEPTIONS of THE RIGHT OF WITHDRAWAL", this right shall not apply to the goods and services specified in the said section.

To exercise the right of withdrawal, the USER must inform us of your decision to withdraw from the contract through an unequivocal statement that you can send to us by postal mail or by e-mail, to the addresses that are included at the beginning of these general conditions. If you wish, you can use the following form:

Withdrawal form

(you should only complete and return this form if you wish to withdraw from the contract)

  • To the attention of SUSHIDARO SL, CARRER JOSEP BAS 21, 17250 PLATJA D'ARO, Girona; e-mail info@sushidaro.com
  • For the present I tell you that I will give up my contract of sale of the following goods: __________________________________________________________
  • Order placed the day: ____________________
  • Name and surname: ______________________________________________________________________
  • Home: _________________________________________________________________________________
  • Signature (only if this form is notified on paper)
  • Date: _____________________

THE COMPANY only accepts returns that meet the following conditions:

  • The product must be in the packaging and labeling original.
  • The shipment must be made with the same box that you received your order.

In the event that you can not do with the original box, the USER shall return in a box, which ensure the protection of the content to reach THE COMPANY in good conditions, otherwise the COMPANY reserves THE right to refuse the return.

  • Include a copy of the invoice/delivery note inside of the package, with an indication of the returned products.

The product must be return to THE COMPANY at its address that mentioned at the beginning of these general conditions. Transportation costs arising from the return will be borne by the USER, this may freely choose the company that you prefer for the transport of the article and, if desired, perform a calculation of the cost here:

Once the product is received and verified that it is in perfect condition, we will process the refund, that shall be made within a maximum period of 14 calendar days from the date that the USER announced the intention to withdraw, and by using the same method of payment chosen by the USER at the time of placing the order. Until you've received the returned items THE COMPANY may withhold the reimbursement.

 

EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL

As established in Art. 103 of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws, the right of withdrawal will not be applicable to contracts relating to:

  1. The provision of services, once the service has been fully executed, when the execution has begun with the prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by the entrepreneur, he will lose his right of withdrawal

  2. The supply of goods or the provision of services whose price depends on fluctuations in the financial market which the entrepreneur cannot control and which may occur during the withdrawal period.

  3. The supply of goods made according to the specifications of the consumer and user or clearly personalized.

  4. The supply of goods which are liable to deteriorate or expire rapidly.

  5. The supply of goods under seal which are not suitable for return for reasons of health protection or hygiene that have been unsealed after delivery.

  6. The supply of goods, which after delivery, and taking into account their nature are mixed to form an integral part, with other goods.

  7. The supply of alcoholic beverages whose price has been agreed upon at the time of conclusion of the contract of sale and which cannot be delivered before 30 days, and whose real value depends on fluctuations in the market which the entrepreneur cannot be controlled.

  8. Contracts for which the consumer has specifically requested the employer who will visit to carry out maintenance, repairs or urgent; if, on that visit, the entrepreneur provides services in addition to those specifically requested by the consumer or goods other than replacement parts used necessarily to perform the maintenance or repair operations, the right of withdrawal shall apply to such services or additional goods.

  9. The supply of audio or video recordings or sealed or software packaging they have been unsealed by the consumer after delivery.

  10. The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

  11. The contracts concluded at a public auction.

  12. The supply of services of accommodation for purposes other than to serve as housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a date or period of performance-specific.

  13. The supply of digital content not provided on a support material when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that in result you lose your right of withdrawal.

     

4. RETURNS

  • For damage caused in shipping or error in shipping:

If at the time of delivery can be seen in a visible and clear, without need to handle the packing or shipping of the product, a product has defects caused by damage in transit or seen, in the same way, an error in the goods received, the USER must notify the COMPANY, your e-mail address that mentioned at the beginning of these general conditions, in the course of the 48 hours following the receipt of the order, to be able to encourage the return of the product or products concerned and, with it, the replacement by a new one, or refund of the price paid for the same.

  • For defective products:

In the case that once you open the package the USER to verify that a product is defective, you must notify THE COMPANY to your e-mail address, and proceed to your return in the period of 15 calendar days from the time it is delivered to you. In this case, if the return is justified, THE COMPANY will refund the value of the product and delivery costs, in addition to the direct costs of the return, within thirty (30) days of the receipt by THE COMPANY of the product, reason for return.

The above is without prejudice to the provisions of the current regulations of mandatory on the protection of consumers.

 

5. WARRANTY

The COMPANY is liable for any lack of conformity that manifest within a period of two years from the delivery. In the event that the product purchased outside of second hand, that term shall be one year.

The USER must inform THE COMPANY of the lack of conformity within two months after he has knowledge of it. The warranty does not cover damage caused by improper use or normal wear and tear of the products.

 

6. – CUSTOMER SERVICE

For any communication, incident or claim, the USER can send a communication to the COMPANY to your email.

 

7. INVALIDITY OF CLAUSES

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or inefficiency shall affect only that provision or part thereof that is null or ineffective, the rest of the General Conditions.

 

8. NOTIFICATIONS

Any notice or demand that they do the parties in relation to the purchase of products or these General Conditions, shall be in writing and shall be deemed to have been duly made if it has been sent to the e-mail that, for these purposes, each party may indicate to the other.

 

9. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

The present General Conditions shall be governed by and construed in accordance with the Laws of Spain.

THE COMPANY reserves the right to make changes at any time in our website, as well as these General terms and Conditions. The changes of essential elements will not affect contracts already set forth, unless the USER has expressly agreed to the amended terms and conditions.

 

10. INFORMATION ON DISPUTE RESOLUTION

Online dispute resolution pursuant to Art. 14.1 of Regulation (EU) 524/2013 : The European Commission provides a platform for online dispute resolution which is available at the following link:

THE COMPANY reserves the right to make changes at any time in our website, as well as these General terms and Conditions. The changes of essential elements will not affect contracts already set forth, unless the USER has expressly agreed to the amended terms and conditions.