Terms and conditions
Generalities
The present General Conditions of Use and of the Contracting (from now on, “the General Conditions”) govern, together with the Privacy policy and the Politics of Cookies, the access and the utilisation of the accessible website by means of the name of command https://restaurantwindsor.com/ and his subdomains (from now on, “the Website”), as well as the contracting of products and/or services through this. The simple access to the Website attributes to the one who makes it the condition of User of the Website (from now on, “the “User”) and involves the acceptance of all the included terms in these General Conditions. In case of not agreeing with these General Conditions, the User has to abandon immediately the Website without using it.
By means of the acceptance of the present General Conditions, the self-evident User:
That has read, understands and comprise the here exposed.
That it is greater of age in accordance with the valid rule in his place of residence, in contrary case the minor will have to have the permission of his legal representatives.
That, in case that it have to hire some product and/or service, has sufficient capacity for this.
That assumes all the here willing obligations.
The User has to read attentively the present General Conditions every time that it access to the Website, since the same and these General Conditions can suffer modifications.
The headline of the Website reserves the faculty to make, anytime, any modification or update of his contents and services, of the present General Conditions and, in general, of those that elements integrate the design and configuration of the Website.
The modification of these General Conditions will not affect to the goods or promotions that had been purchased previously to said modification.
In case that Restaurant Windsor, S.L. commission to a third of confidence the custody of the successive versions of the general conditions, both parts recognise like only valid version of said conditions in each moment that for the record in the database of the third of confidence.
In fulfillment of the established by the article 10 of the Law 34/2002, of 11 July, of services of the society of the information and of e-commerce, to continuation, offers the general information of the Website:
Headline: Restaurant Windsor, S.L.
Social domicile: Corsega, 286, 08008-Barcelona
C.I.F.: B65814352
Email: [email protected]
Telephone: 932377588
In fulfillment of the had by the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, will inform previously to all the users that facilitate or go to facilitate his personal data, according to the foreseen in the quoted regulation.
Through the available forms in the web compile the personal information, by means of the marking of the box or checkbox corresponding, the user will accept on purpose and of free form, that his personal data are treated with the purpose for which request him. For more information the user can consult our
https://restaurantwindsor.com/politica-privadesa/
The simple access to the Website is free save regarding the cost of the connection through the network of telecommunications supplied by the provider of access hired by the User.
3.1. Need of Register
The utilisation of determinate services and contents will be able to be conditioned to the previous Register of the User.
The utilisation of the services loaned by Restaurant Windsor, S.L. and the purchase in the Web requires the register like user in the Web. With the purpose to complete the register will have to contribute a series of personal data that will have to be truthful and exact. You can consult our privacy policy in the following link:
https://restaurantwindsor.com/politica-privadesa/
Likewise, you have to take into account that at all times you can modify your personal data, as well as exert the rights of access, rectification, suppression, limitation and of opposition of compliance with the 3/2018, of 5 December, of Data protection and of Guarantee of the Digital Rights (LOPDGDD) and with the Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 April 2016, relative to the protection of the physical people regarding the treatment of personal data and to the free circulation of these data (RGPD).
The data entered by the User will have to be exact, current and truthful. The User registered will be responsible at all times of the custody of his password, assuming in consequence any one damages and damages that could derive of his undue use, as well as of the cession, disclosure or loss of the same. To these effects, the access to areas restricted and/or the use of the services and contents made under the password of an User registered will reckon made by said User registered, the one who will answer anyway of said access and use.
3.2. Norms of utilisation of the Website
The User forces to use the Website and all his content and services according to the established in the law, the morals, the public order and in the present General Conditions. Likewise, it forces do a suitable use of the services and/or contents of the Website and to not to employ them to make illicit or constitutive activities of crime, that attack against the rights of third and/or that infringe the regulation on copyright and industrial, or any one other norms of the applicable juridical legislation.
The User forces to not transmitting, enter, spread and put to disposal of third, any type of material and information (data, contents, messages, drawings, archives of sound and image, photography’s, software, etc.) that they are contrary to the law, the morals, the public order and the present General Conditions. To title enunciative, and in no case limiting or excluding, the User engages to:
I.- Not entering or spread contents or propaganda of racist character, xenophobe, pornographic, of apologia of the terrorism or that attack against the human rights.
II.- Not entering or spread in the network program of data (virus and harmful software) susceptible to cause damages in the computer systems of the provider of access, his providers or third Users of the network Internet.
III.- Not spreading, transmit or put to disposal of third any type of information, element or content that attack against the fundamental rights and the public freedoms recognised constitutionally and in the international treaties.
IV.- Not spreading, transmit or put to disposal of third any type of information, element or content that constitute illicit or disloyal advertising.
V.- Not transmitting advertising no requested or authorised, advertising material, “post rubbish”, “letters in chain”, “pyramidal structures”, or any another forms of applying, except in those areas (such like commercial spaces) that they have been exclusively conceived for this.
I SAW.- Not entering or spread any information and false contents, ambiguous or inaccurate so that it induce to error to the receptors of the information.
VII.- No supplant to other Users using his keys of register to the distinct services and/or contents of the Website.
VIII.- Not spreading, transmit or put to disposal of third any type of information, element or content that suppose a rape of the intellectual property rights and industrial, patents, marks or copyright that correspond to the headlines of the Website or to third.
IX.- Not spreading, transmit or put to disposal of third any type of information, element or content that suppose a rape of the secret of the communications and the legislation of data of personal character.
The User forces to keep unscathed to Restaurant Windsor, S.L. in front of any possible claim, fine, penalty or sanction that can come forced to bear like consequence of the breach by the User of any one of the norms of utilisation before indicated, reserving, besides, Restaurant Windsor, S.L. the right to request the compensation by damages and damages that correspond.
In occasions, Restaurant Windsor, S.L. will facilitate to the User through his communications, as for example the periodic bulletins, a link that will allow him access to his personal account. Said access will carry out through an only and private direction, so that the User will not need to enter his keys of access to the Website. In consequence, the User will have to treat the communications of Restaurant Windsor, S.L. of confidential form and abstain of resend to third, to end to avoid unauthorised accesses to the private information of his account.
3.3. Exclusion of Responsibility
The access of the User to the Website does not involve for Restaurant Windsor, S.L. the obligation to control the absence of virus, worms or any another harmful computer element. It corresponds to the User, anyway, the availability of suitable tools for the detection and disinfection of harmful computer programs.
Restaurant Windsor, S.L. Does not hold responsible of the damages produced in the software and computer teams of the Users or of third during the utilisation of the services offered in the Website.
Restaurant Windsor, S.L. Does not hold responsible of the damages or damages of any type produced in the User that bring cause of failures or disconnections in the networks of telecommunications that produce the suspension, cancellation or interruption of the service of the Website during the provision of the same or with previous character.
3.4. Contents and services linked through the Website
The service of access to the Website can include technical devices of link, directories and even instruments of research that allow to the User access to other pages and Portals of Internet (from now on, “Places Linked”). In these cases, Restaurant Windsor, S.L. only will be responsible of the contents and services supplied in the Places Linked in the measure in that have effective knowledge of the illegality and there is not disabled the link with the diligence owed. In the supposed that the User consider that it exists a Place Linked with illicit or
unsuitable contents will be able to communicate it to Restaurant Windsor, S.L., without that in no case this communication comport the obligation to withdraw the corresponding link.
In no case, the existence of Places Linked has to presuppose the formalisation of agreements with the managers or headlines of the same, neither the recommendation, promotion or identification of Restaurant Windsor, S.L. with the demonstrations, contents or services catered.
Restaurant Windsor, S.L. Does not know the contents and services of the Places Linked and, therefore, does not do responsible by the damages produced by the illegality, quality, outdated, unavailability, error and uselessness of the contents and/or services of the Places Linked neither by any another damage that was not directly imputable to Restaurant Windsor, S.L..
3.5. Copyright and industrial
All the contents of the Website, understanding by these, to title merely enunciative, the texts, photography’s, charts, images, icons, technology, software, links and other audiovisual or audible contents, as well as his graphic design and codes source, are copyright of Restaurant Windsor, S.L. or of third, without that they can understand yielded to the User any of the rights of exploitation recognised by the valid rule in matter of copyright on the same.
The marks, commercial names or distinctive signs are titularity of Restaurant Windsor, S.L. or third, without that it can understand that the access to the Website attributes some right on the same.
Anyway, the User knows and accepts that the qualifications and the comments that make on the available products through the Website will be able to be accessible for the rest of the Users of the Website, including the identity of his author.
On all the comments lodged freely by the User in the Website, include or no an opinion or description of the products offered (from now on, “the Contents”), the User awards for free to Restaurant Windsor, S.L. a licence of use no exclusive, of world-wide territoriality and with the maximum length foreseen legally. On the base of said licence, Restaurant Windsor, S.L. will be able to explode freely the rights of reproduction, transformation, distribution and public communication of the Contents, only with the purpose to be able to loan the services offered by Restaurant Windsor, S.L. and advertise his products and services.
4.Conditions of Contracting
4.1. Register of the User
The utilisation of the services loaned by Restaurant Windsor, S.L. involves the need of register of the User in the Website.
The User will have to proceed to his register indicating his complete name, email address. Once completed the register, will send a message to the account of post designated with a link that the User will have to follow to confirm that it has of access to the same.
Anyway, it will demand that the User accept the present General Conditions, as well as the Privacy policy and the Politics of Cookies.
Once that the User is registered properly in the web can at all times access to “My Account”. Through “My Account” the User can modify his personal data, as well as the data related with the sending of requests, check if has backorders of delivery.
4.2. Conditions of sending
Restaurant Windsor, S.L. Only sends his products to: Barcelona city. It will not be possible to make the process of purchase through the Website to distinct destinations of the indicated.
The purchase of products in the Website is subject to the payment of costs of sending, to account of the
buyer.
The costs of sending will depend of the destination and of the number of products purchased according to the table indicative exposed to continuation. In any case, the costs of effective sending will detail along the process of purchase and the buyer will have the possibility to review these costs before finalising his purchase. Restaurant Windsor, S.L. Can not do manager of the delay in the delivery of the requests by causes no imputable directly to Restaurant Windsor, S.L., acts of God or of greater strength.
Table of prices delivers
| Barcelona city | 10€ |
The costs of sending up mentioned include in addition to the transport of the products, his packaging in boxes especially designed to transport, the safe against loss or break, as well as the VAT.
The delivery of the requests will make in the domicile of delivery designated freely by the User. Restaurant Windsor, S.L. Will not assume responsibility some when the delivery of the product do not arrive to make like consequence of the inaccuracy or falsity of the data facilitated by the User to such effect, as well as in the supposition in that the delivery can not effect by extraneous causes to Restaurant Windsor, S.L., such as the absence of the addressee in the direction of delivery.
In case of absence of the addressee and whenever it was possible, will leave note in passing with the necessary information to agree a new delivery in the domicile of the addressee or the necessary indications so that this go to collect the product to a determinate place. Anyway, passed 7 days from the last attempt of delivery without that the request have been able to deliver, the same will be given back to origin proceeding to resolve the agreement.
4.3. Terms of delivery
4.3.1 Delivery of the product
Restaurant Windsor, S.L. Engages to deliver the product in mint condition in the direction that the CUSTOMER signal in the form of request. With the end to optimise the delivery, appreciate to the CUSTOMER that indicate a direction in which the request can be delivered inside the usual labour schedule and a telephone of contact, to be possible a mobile, where the company of transports will inform him of the state and forecast of delivery.
4.3.2 Term of Delivery
The deadline for deliveries is established by the user when placing the order within the indicated options.
4.4. Selection of the products by the User
All User registered will be able to hire through the Website the purchase of products.
The process of purchase in Restaurant Windsor, S.L. bases in a virtual basket, to which the User can add the products that wish to purchase.
To add products to the market basket, once the User finds in the page of description of the product and selected the options of personalization available, has to select the option “Add to basket” facilitated.
At all times the User can access and modify the content of the basket.
4.5. Processing of the request
Once they find in the market basket the products that wish to purchase, the User will be able to initiate the processing of the request, selecting the option “See basket”, option that will show to the User the content of the virtual basket, allowing the modification of the products selected and his elimination of the market basket.
The User has to ensure that the products indicated in screen are those that wishes to purchase and select from among the geographic zones listed the corresponding to the direction of sending. In this point shows the total price of the products selected and the costs of sending generated.
Pressing” FOLLOWING”, the User accesses to a signpost where will have to indicate the data of sending; to continue with the process of contracting, the User has to fill up the information of the sending, including his complete name, telephone and direction, filling up all the marked fields like compulsory. In this section the User will be able to include the useful information that consider necessary for the messenger, although Restaurant Windsor, S.L. can not guarantee his fulfillment.
If the User wishes that the direction of turnover was distinct to the one of sending, will have to mark the box “My direction of turnover is different to the one of delivery” and fill up the corresponding information. In this same section, the User can add a message for the addressee, indicated especially in the case of gifts.
In the following phase of the process of purchase, the User will have to select the form of payment. In this moment indicates again to the User the exact amount to pay, resultant to add the price of the products and the costs of sending, net of the eventual promotional discount and/or cheque give.
Following the link “MAKE THE REQUEST”, will drive to the User to the runway of payment selected. Once transacted the payment properly, will transact the request of automatic form, confirming in screen the information of the request and sending an email to the User confirming the operation.
4.6. Price of the products
The prices of the products are the indicated in the description that attaches them. All the prices indicated in the description of product express in the coin Euro (€) and include the Tax on the Value Added (I.V.To.).
4.7. Form of payment
The purchase of products through the Runway of Restaurant Windsor, S.L. allows the following forms of payment:
Payment by means of card of debit or credit (VISA, MASTERCARD and AMERICAN EXPRESS) through a TPV virtual.
Payment by Paypal.
Banking transfer.
To use the charge card through a TPV virtual, the buyer has to fill up a form indicating the name of the owner of the card, type of card, date of caducity of the card and code of security.
Restaurant Windsor, S.L. Does not have access to the banking data linked to the means of payment and does not know neither registers these data during the operation of payment.
4.8. Confirmation of the reception of the acceptance
Once finalised the process of purchase, the User will receive, in the email address designated in the form of register, a communication specifying the characteristics of the product, price, form of sending selected, date of contracting, number of request and date of delivery. Likewise, it will do arrive to the email address facilitated by the User a permanent link to the present conditions of contracting. The User will be able to request anytime, of free form, a copy of the applicable general conditions in each moment to Restaurant Windsor, S.L. or to any third designated for the register and control of versions, in his case.
4.9. Availability
Restaurant Windsor, S.L. informs the Client that the number of units available is kept up-to-date with the stock in warehouse and the availability of our production. In no case Restaurant Windsor, S.L. will intentionally put more units up for sale than it has.
Restaurant Windsor, S.L. will do everything possible to please all its Clients in the demand for the products. However, on occasions, and due to causes difficult to control by Restaurant Windsor, S.L. such as human errors or incidents in computer systems, it is possible that the quantity finally produced differs from the production estimates made by Restaurant Windsor, S.L. to satisfy Clients’ requests.
In the event that the product is not available after the order has been placed, the Customer will be informed by e-mail of the total or partial cancellation of the order. The partial cancellation of the order due to lack of availability does not give the right to cancel the entire order.
4.10. Return of a request.
In case that one or several products arrived deteriorated to consequence of the transport, will be necessary that the addressee certify it by writing in the delivery note of delivery that will deliver him the carrier in the moment to receive the sending, accompanied of his signature. Afterwards, it will be necessary that communicate it Restaurant Windsor, S.L., by writing, in a time limit of 14 skillful days from the date of reception, explaining the facts with detail. It is necessary that the addressee conserve the dilapidated product/s without opening, inside his original container, avoiding any manipulation, alteration or use. Once made the management and checks timely, and inside a time limit of thirty days from the date of communication, Restaurant Windsor, S.L. will refund the money of the dilapidated products by means of a transfer to the form of payment that used in the moment to affect the purchase. Once made the repayment of the money, Restaurant Windsor, S.L. reserves the right to demand the dilapidated products (running to his charge the costs of return of the same).
If the products received differ of the original request, will be necessary that the customer communicate it by writing to Restaurant Windsor, S.L., in a time limit of 14 skillful days from the date of reception. The addressee will have to save the products object of claim without opening, inside his original container, avoiding any type of manipulation, alteration or use. Once done the management and checks timely, and inside a time limit of thirty days from the date of communication, Restaurant Windsor, S.L. will refund the money of the erroneous products by means of a transfer to the form of payment that used in the moment to affect the purchase. Once made the repayment of the money, Restaurant Windsor, S.L. reserves the right to demand the erroneous products (running to his charge the costs of return of the same).
If by some distinct reason of the previous, the customer decides to give back some product, less the products considered special (products that, by his nature, seasonal, frescos or caducity reduced), will have of 14 skillful days from the date of reception of the sending. It will be necessary that the customer communicate it previously to Restaurant Windsor, S.L., by writing, inside the term indicated. The addressee will have to save the products without opening, inside his original container, avoiding any type of manipulation, alteration or use. The customer will have to give back the products in perfect conditions, going to his charge so much the costs of the first sending like the ones of the return (that it will have to manage directly), as well as also the costs customs, if there were them. Once received and done the checks timely, Restaurant Windsor, S.L. will refund his amount by means of a transfer to the form of payment that used in the moment to affect the purchase, inside the time limit of 14 days from the date of reception the products in his installations.
The requests have to be given back to the following direction:
Headline: Restaurant Windsor, S.L.
Social domicile: Corsega, 286, 08008-Barcelona
C.I.F.: B65814352
Email: [email protected]
Telephone: 932377588
It remains excluded the right of resolution (withdrawal) in those cases in that by the nature of the content of the provision was impossible to carry it out, without prejudice to the claim of the damages and damages suffered or when the commodity given back to the warehouse or his packaging are not complete and/or in
mint condition.
4.11. Right of withdrawal.
The buyer will have anyway of a term of fourteen (14) natural days after the reception of the Product to exert his right of withdrawal without having to justify reasons or have sanction any.
The buyer will have to manifest his intention to desist inside the term indicated and will have to proceed to the return of the product. For this the User will be able to remit an email to the direction [email protected] including his name and direction, as well as the number of his request using the form that will find at the end of this document (ANNEX 1). Also, it will be able to contact of telephone form with the end to speed up the process of return of the corresponding amounts.
Restaurant Windsor, S.L. will refund the sums credited by the User without retention of costs. However, the cost of the return of the product will be to charge of the User.
Received the products on which relapses the withdrawal and verified his correct state, Restaurant Windsor, S.L. will give back to the User the sums credited in a time limit of 14 natural days. The products that do not conserve his original packaging will be able to suffer a depreciation.
4.12. Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to the agreements that refer to:
The provision of services, once that the service has been entirely executed, when the execution has begun, with previous consent express of the consumer and user and with the recognition by his part that it is conscious that, once that the agreement have been entirely executed by the employer, will have lost his right of withdrawal.
The supply of goods or the provision of services whose price depend on fluctuations of the financial market that the employer can not control and that they can produce during the period of withdrawal.
The supply of goods made according to the specifications of the consumer and user or clearly personalised.
The supply of goods that can deteriorate or expire with rapidity.
The supply of goods sealed that are not apt to be given back by reasons of protection of the health or of hygiene and that they have been unsealed after the delivery.
The supply of goods that after his delivery and taking into account his nature have mixed of form inseparable with other goods.
The supply of alcoholic drinks whose price have been agreed in the moment to celebrate the available agreement and that can not be delivered before 30 days, and whose real value depend on fluctuations of the market that the employer can not control.
The agreements in which the consumer and user have requested specifically to the employer that visit him to effect operations of repair or urgent maintenance; if, in this visit, the employer loans additional services to the requested specifically by the consumer or supplies distinct goods of the pieces of spare used necessarily to effect the operations of maintenance or repair, the right of withdrawal has to apply to said services or additional goods.
The supply of audible recordings or of video sealed or of computer programs sealed that have been unsealed by the consumer and user after the delivery.
The supply of daily press, periodic publications or magazines, with the exception of the agreements of subscription for the supply of such publications.
The celebrated agreements by means of public auctions.
The supply of services of accommodation for distinct ends of the to serve of house, transport of goods, rent
of vehicles, food or services related with activities of recreation, if the agreements foresee a date or a period of specific execution.
The supply of digital content that do not loan in a material support when the execution have begun with the previous consent express of the consumer and user with the knowledge by his part that in consequence loses his right of withdrawal.
If any included clause in the present General Conditions went declared total or partially, invalid or ineffective, such nullity or inefficiency so only will affect to said disposal or to the part of the same that result invalid or ineffective, subsisten the present General Conditions in all the other, considering such total disposal or partially by no included.
The parts subject, to his election, for the resolution of the conflicts and with renunciation to any another forum, to the Courts and Courts of the domicile of the User.
These General Conditions are subject to the had in the Legislative Royal decree 1/2007, of 16 November, by which approves the text revised of the General Law for the Defence of the Consumers and Users and other complementary laws; the Law 7/1998, of 13 April, on General Conditions of Contracting; Law 3/2014, of 27 March, by which modifies the text revised of the General Law for the Defence of the Consumers and Users and other complementary laws, approved by the Legislative Royal decree 1/2007, of 16 November; Regulation (EU) 2016/679 of the European parliament and of the council of 27 April 2016 relative to the protection of the physical people regarding the treatment of personal data and to the free circulation of these data; Organic Law 3/2018, of 5 December, of Personal Data protection and guarantee of the digital rights; the Law 7/1996, of 15 January of Ordination of the Retail Trade and to the Law 34/2002 of 11 July, of Services of the Information Society and of E-commerce.
It informs to the buyer of products of this website, of the existence of a platform of resolution of lawsuit on-line.
According to the Article 14.1 of the Regulation (EU) 524/2013:
“The European Commission facilitates a platform of resolution of lawsuit on line that it finds available in the following link: http://ec.europa.eu/consumers/odr/
The consumers will be able to subject his claims through the platform of resolution of lawsuit on line.”
Our entity finds adhered to Conflans Online (non-profit Association), inscribed in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es).
These General Conditions govern by the Spanish law. Likewise, in fulfillment of the had in the Law of Alternative Resolution of lawsuit, inform to the consumers that, like entity adhered and in the terms of the Ethical Code, the users will be able to attend to On-line Confidence for the alternative resolution of eventual controversies through this link. If these refer to electronic transactions with consumers, or on data protection when they are related with this field, the claims will be resolved by the Committee of Mediation of On-line Confidence, accredited for the alternative resolution of lawsuit in matter of consumption. If the claims versan on digital advertising, or on data protection related with this field, will be subjected to the Jury of the Advertising of SELF-SUPERVISION.
Besides, we remember you that you can access to the platform of resolution of lawsuit on line of the European Union following this link.
Last Update 26 04 2021
ANEXO 1
Modelo de formulario de desistimiento
(Sólo debe cumplimentar y enviar el presente formulario si desea desistir del contrato)
A la atención de:
Razón Social: Restaurant Windsor, S.L.
Dirección: Corsega, 286, 08008-Barcelona
C.I.F.: B65814352
E-mail: inf [email protected]
Teléfono: 932377588
Por la presente le comunico que desisto de mi contrato de venta del siguiente bien: N.º de seguimiento/pedido:
Recibido el día:
Nombre del consumidor:
Dirección del consumidor:
Firma del consumidor (solo si el formulario se presenta en papel)
Fecha:
Surprise with our gift card. Give a tasting menu combined with selected wines.
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