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1.- PRELIMINARY PROVISIONS
The service provider is NOBOOK BARCELONA, S.L. (hereinafter NOBOOK
BARCELONA) with address C / PROVENÇA 310, BAJOS, telephone number 935 259002 and email address MERCE@XAVIERPELLICER.COM, CIF number B66730227
This document regulates the conditions that govern the acquisition of "gift vouchers" offered by NOBOOK BARCELONA through this website.
NOBOOK BARCELONA reserves the right to modify these purchase conditions without prior notice, being able to change, delete or add both the content and products offered through it, as well as the way in which they are presented or located on its servers. The user is responsible for consulting these conditions each time they access and / or browse this website as only the valid conditions will be applicable at the time. You will always be able to consult and print the updated version by clicking the link "Purchase conditions".
Orders can only be made to purchase "gift vouchers" without the intention of reselling. Any resale or distribution of the vouchers acquired through the website is strictly prohibited.
We reserve the right to cancel fraudulent, false or speculative orders, as well as those that have been requested by a client with whom some difference / controversy in previous orders may occur, or when there are reasonable doubts that may make us think that the customer is violating any of the specified purchase conditions or is participating in any criminal activity.
2.- GENERAL CONDITIONS AND APPLICABLE LEGISLATION
These General Conditions (hereinafter "Conditions") are governed, among
other provisions, by the provisions of Book II 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 and other complementary laws and, in particular, by Title III of Book II "Contracts concluded at a distance and outside the commercial establishment" as well as by the other regulations applicable to electronic commerce (Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce). Before sending the purchase order, it is recommended to read these Conditions carefully, print them or save them in order to file them and expressly accept them by clicking on the corresponding box that you will find in the purchase process.
This contract comes into force and takes full effect from the moment the customer or user accepts it.
This contract, and, therefore, the general conditions that it incorporates, together with the annexes (if any), may be stored, archived and reproduced by the usual electronic or IT means, in addition to being read on this website.
3.- USER OBLIGATIONS
Access, navigation and use of the website are established by all the Conditions that should be accepted by the user from the moment the navigation begins.
By placing an order, the user guarantees that they are over 18 years of age and that they have the legal capacity to enter into binding contracts.
The users are obliged to communicate to NOBOOK BARCELONA all the necessary data to access and use the services of this website. The data must be truthful, lawful and updated, likewise, the agreement that we can use them to contact you if necessary should be taken into consideration.
It is essential to provide all the information that we classify as mandatory, since otherwise we will not be able to process your order. We will not be
responsible in any case for possible delays or failures in delivery as a result of the error or omission of this data.
The services included in the website should be used appropriately , always in accordance with the legal system, and the user should not carry out any
activity that hinders or interferes with its operation.
The website is mainly aimed at users residing in Spain. NOBOOK BARCELONA does not ensure that the website complies with the laws of other countries, either totally or partially. NOBOOK BARCELONA declines all responsibility that may arise from such access.
The user may formalize the contract for the sale of the desired products written in Spanish with NOBOOK BARCELONA.
4.- SECURITY MEASURES
We will establish all reasonable mechanisms at our disposal to ensure that your personal data is kept securely at all times. However, you agree that no data transmission over the Internet can be guaranteed as secure against access by unauthorized recipients and you cannot hold us responsible for any security breach except due to our negligence.
In addition, you must take the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and immediately notify us of the loss, misplacement, robbery or illegitimate access to your username and password, or if it becomes known to third parties..
5.- CONDITIONS APPLICABLE TO THE ORDERS
All the products offered on this website are sold directly by NOBOOK BARCELONA with CIF B66730227 and address at C / PROVENÇA 310, BAJOS 08037 BARCELONA
5.1.- Purchase procedure
You can browse the website until you find the desired "gift voucher". Once
located, by clicking on it you will access all the information and details about the product. You can add the product to the basket by clicking on the 'buy' button. You can continue browsing, select more products and add them to the basket, or go to the final purchase area by clicking on the image of the basket where the selected products are indicated.
You will be able to see in the shopping cart the list of "gift vouchers" that you have selected, detailing the unit price, the quantity and the total price. In this section, discount coupons may be applied if available, in this case you should indicate the discount code and click on 'apply coupon' and 'update cart'. In the
'total cart' you will be able to see the total price with the corresponding taxes, shipping costs and the discount applied through the coupon included.
Next, the user will receive an email confirming that NOBOOK BARCELONA has received their order, and this will be the order confirmation.
All the "vouchers" depend on schedule availability and / or on the fact that no circumstance or force majeure could affect them. If difficulties occur, NOBOOK BARCELONA undertakes to contact the user and reimburse any amount that was paid.
It is not possible to offer more precise information about the vouchers, beyond that shown on the page or in other sections of the website. When the
order is processed, you will be informed as soon as possible by email if any of the products included in the order are not available. In this case, no amount would be charged for said product.
5.4.- Prices, payment method and security
All the prices are final, in Euros (€) and include taxes (VAT). The applicable rate will be the one legally in force at all times.
Prices may change at any time, but possible changes will not affect orders or purchases for which the user has already received an order confirmation.
The accepted payment methods are:
Credit and debit card: Through the payment gateway enabled by NOBOOK BARCELONA and managed through your bank. You should enter the card number, expiration date and security code CW2. The User guarantees and is responsible that all the data provided on their card are valid. These data will not be stored or processed by NOBOOK BARCELONA, but will be registered directly in the payment gateway of the corresponding financial institution. For greater security, we will use a Secure Electronic Commerce Authentication Service established by Visa / MasterCard / Eurocard, where the client authenticates to the issuing bank and the vendor authenticates to the acquiring bank.
NOBOOK BARCELONA uses all means to guarantee the confidentiality and security of the payment data transmitted by the user during transactions through the website.
5.5.- Contract with NOBOOK BARCELONA and order acceptance
The order will not be accepted until the amount has been charged to your account. After confirming the purchase, you will receive an e-mail as acknowledgment of receipt, but this does not imply that the order has been accepted, since they will be subject to our subsequent verification and acceptance.
We will confirm the acceptance of the "voucher" in an e-mail with the details of how to redeem it. Only then will the contract between you and us be
5.6.- Confirmation and cancellation of orders
Before placing the order on the website, you will be able to review all the details associated with it (amounts broken down in all the necessary headings
- taxes, selection of items, etc.), and to correct what you consider necessary.
After confirmation, it will not be possible to modify or cancel the order through the website; in this case you should contact NOBOOK BARCELONA using the forms provided on the website or through the contact information indicated above.
5.7.- Currency and taxes
In accordance with current legislation, all purchases from our website will be subject to VAT. The applicable rate will be the one legally in force at all times.
All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT).
5.8.- The gift voucher
You will receive a downloadable file called a "check" which will be the "gift voucher" that you can give away. The check can be used by 1 to 6 persons maximum. If the check is going to be used by or more than 6 persons, you should contact NOBOOK BARCELONA by telephone number 93 525 90 02.
The gift voucher will be valid for one year after the date of purchase.
Gift vouchers are sold directly by Xavier Pellicer, without the intervention of third parties; so maximum security and confidence is provided.
The exclusive menu for sale on the internet can only be purchased on this website. In addition, the menu is subject to change, depending on the availability of the ingredients.
To consume the purchased menus, it is essential to previously process the reservation at the restaurant in advance. In any case, the reservation will be conditioned by the availability of places in the restaurant at the chosen time.
The offer is valid during lunch and dinner hours on the restaurant's opening days (closed: Sunday and Monday).
The person who comes to the restaurant to enjoy the gift voucher on the indicated date must present this voucher on their mobile phone or printed.
5.9.- Technical means to correct errors
In case of errors while introducing the necessary data to process the purchase request on the website, the user may modify them by contacting NOBOOK BARCELONA through the contact spaces provided on the website, and, where appropriate, through those authorized to contact customer service, and / or using the contact information.
In any case, before clicking on 'Place order', the user has access to the cart where their purchase requests are registered and can be modified.
5.10.- Return, exchange and refund policy
Right of withdrawal::
The User as well as the consumer makes a purchase at WWW.XAVIERPELLICER.COM. If not satisfied with any of the bonuses in their order, they have the right to cancel the purchase and request a refund.
To communicate your total or partial refusal to purchase the Product, in accordance with the applicable legislation, you have a maximum period of 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the NOBOOK BARCELONA website. In case when the ordered goods are delivered separately, you have a maximum period of 14 calendar days from the day of purchase of the voucher. The return made in time will not entail any penalty.
To exercise this right of withdrawal, the User must notify NOBOOK BARCELONA of their decision, through the contact spaces provided on the website or through MERCE@XAVIERPELLICER.COM
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express their intention to cancel the purchase. In any case, the User may use the withdrawal form that NOBOOK BARCELONA makes available, however, its use is not mandatory. To meet the withdrawal period, it is enough that the communication of the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, NOBOOK BARCELONA will reimburse the user for all payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which NOBOOK BARCELONA is informed of the decision to withdraw by the User.
NOBOOK BARCELONA will refund the user with the same payment method that was used for the initial purchase transaction. This refund will not generate any additional cost to the user. NOBOOK BARCELONA could retain this refund until the purchased products are received, or until the user proves that the products have been returned, whichever is the first.
In case of withdrawal, the gift voucher is invalid and therefore cannot be used.
Exceptions to the right of withdrawal, by way of example, but not exhaustive, may be as follows:
The right of withdrawal does not apply to delivery of:
- .Products that do not allow their return due to hygienic or health protection reasons, if they have been unsealed after delivery, or that were, after delivery, inseparably mixed with other products;
- Products that can deteriorate or expire quickly;
- Sealed sound or video recordings or sealed software, that were unsealed after delivery;
- Goods made according to your specifications or clearly personalized;
- Digital content that would not have been delivered on physical storage if consented to the execution at the time of delivery and without the withdrawal being possible from that moment;
- Daily press, periodicals or magazines with the exception of subscription contracts; and;
- Alcoholic beverages which price has been agreed at the time the order is placed and which cannot be delivered within 30 days, and which real value depends on fluctuations in the market that NOBOOK BARCELONA cannot control.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or have suffered any damage after delivery.
5.11.- Product warranty
The User, as a consumer, benefits from the guarantees of the products that can be purchased through this website, in the legally established terms for each type of product. The legal warranty period is established in 2 years from the date that appears on the purchase receipt or invoice, or on the delivery note if the delivery is later.
In this way, it is understood that the products are in accordance with the contract provided if: they conform to the description made by NOBOOK BARCELONA and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended ; and present the quality and benefits of a product of the same type as expected. Otherwise, the user should proceed with the indications of the section “return of defective products” or “shipping error”.
The warranty period is two years, although it does not include defects caused by negligence, hits, improper use or improper handling, etc., or materials that are worn by use. In case of a defect caused by misuse, the repair will be charged at a prior estimate.
In those incidents that justify the use of the guarantee, the option will be to repair, replace the item, discount or return, in the legally established terms. Changes or returns will be made as long as these two conditions are met:
- NOBOOK BARCELONA should be notified in advance within two months. This step is essential whatever the return reason. You can send this
notification by email to MERCE@XAVIERPELLICER.COM attaching a copy of the ticket or invoice and order number in the email subject. We will provide you with further indications.
Failure to comply with the two-month period will not entail the loss of the corresponding right, however the client will be responsible for the damages or losses caused by the delay in communication.
By virtue of Royal Legislative Decree 1/2007, the vendor is obliged to deliver to the consumer a good in accordance with the contract of sale and the terms
that it establishes (article 114), by virtue of which:
"The vendor is obliged to deliver to the consumer and user products in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product."
The calculation of the guarantee will begin on the same day of purchase, by virtue of the aforementioned article 123 of Royal Legislative Decree 1/2007.
6.- PARTIAL NULLITY
If any part of these conditions of services is contrary to Law and, therefore, invalid, this will not affect the other provisions in accordance with Law. The parties undertake to renegotiate those points of the service conditions that will be void and to incorporate them into the rest of the service conditions.
7.- MODIFICATION OF THE PURCHASE CONDITIONS
NOBOOK BARCELONA reserves the right to modify the general conditions of purchase on the WWW.XAVIERPELLICER.COM website without prior notice, being able to change, delete or add both the content and services provided through it and the way in which they are presented.
These changes must be accepted by the user each time a purchase is made through the web, being subject to the terms and conditions of purchase in force at the time the order is made, unless, by law or at the request of public authorities, a change must be made to these terms and conditions.
8.- APPLICABLE LAW
This website is located and operates from Spain. All matters relating to this website are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the principles of conflict of laws being applicable.
In those cases when the client does not have the status of consumer or user, or is domiciled outside of Spain, they will submit to the national Courts and Tribunals, expressly waiving any other jurisdiction that may correspond to them.
If the user decides to navigate or consult this website outside Spain, they should keep in mind that they do so on their own initiative, and is responsible for compliance with the relevant laws.
This contract will come into force and take full effect from the moment the customer or user accepts it.
This contract, and, therefore, the general conditions that it incorporates, together with the annexes (if any), in addition to being read on this website,
may be stored, archived and reproduced by the usual electronic or IT means.
9.- RESOLUTION OF ONLINE CONFLICTS
By virtue of European consumer regulations, companies established in the European Union that enter into contracts for the sale or provision of online services (including those that offer their products via email) and online markets established in the Union , must offer on their websites the link to the
online dispute resolution platform, through which claims of contracting made online can be processed:
The creation and development of the online dispute resolution platform is provided for in Regulation (EU) 524/2013 of the European Parliament and of the Council, and tries to offer an online mechanism for the presentation of disputes between consumers and users established in the European Union in a simpler, faster and cheaper way than going to court.
Therefore, through the platform enabled in the previous link, the user can send their complaints, claims or other types of comments that they wish to make.
In addition, NOBOOK BARCELONA has official complaint forms available to consumers and users, being able to request them through the contact information provided and indicated on the web.
If you want to download and print the purchase conditions, you can do so at the following link: